HomeMy WebLinkAbout2001-09-19 Council Regular MeetingMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
SEPTEMBER 19,2001
ROO P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor
Maetzold.
SEPTEMBER 11, 2001, TERRORISM ATTACK VICTIMS HONORED Mayor Maetzold
expressed horror and outrage on behalf of the Edina City Council, citizens and himself at the
horrific attacks on September 11, 2001, in both New York, Washington D.C., and
Pennsylvania. He asked that a moment of silence be observed to honor all the victims of the
tragedy.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and
seconded by Member Housh approving the Council Consent Agenda as presented.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION NO. 2001-62 - RESOLUTION OF APPRECIATION - CONNECTING
WITH KIDS Mayor Maetzold voiced appreciation to the 2001 School Opener Planning I Committee for their major effort called "Connecting With Kids".
Member Housh introduced the following resolution seconded by Member Masica and
moved its adoption:
RESOLUTION NO. 2001-62
A RESOLUTION OF APPRECIATION
WHEREAS, the Edina community is undertaking a major effort called "Connecting
with Kids" to strengthen families and create a more caring and supportive school and
community environment; and
WHEREAS, "Connecting With Kids" focuses on developing a community-wide
commitment to surround children and adolescents with the wide range of "assets" crucial
for healthy development; and
WHEREAS, a small committee of City and school district officials, parents and other
concerned residents organized nearly 100 caring volunteers to welcome Edina High School
students back to the classroom September 4, during the "2001 School Opener"; and
WHEREAS, the high school students were also treated to a free breakfast, all-school
assembly, games and picnic lunch organized by members of the community and donated
by local businesses; and
WHEREAS, Edina students in Grades'10 through 12 began the new school year in a
unique and memorable way and the event met its goal of creating an atmosphere in the
community where kids feel more valued.
NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council, City staff and
all Edina residents hereby express their thanks and dedication to the
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MinutesEdha City CounciVSeptember 19,2001
2001 SCHOOL OPENER PLANNING COMMITTEE
made up of Chairman Doug Johnson, Chace Anderson, George Buchok, Marsha Buchok,
Travis Cross, Barb Galligher, Kathy Gray, Jan Michaletz, Susie Miller, Beth Mohs, Rachael
Pream, Alice Randall, Nancy Stenson, Sara Swenson, Donna Tilsner and Mo Warner for
their tireless efforts and sincere dedication in "Connecting With Kids".
Passed and adopted this 19th day of September, 2001.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*MINUTES OF REGULAR MEETING OF SEPTEMBER 4,2001, APPROVED Motion made
by Member Masica and seconded by Member Housh approving the Minutes of the
Regular Meeting of September 4,2001, as presented.
Motion carried on rollcall vote - five ayes.
*ACTION CONTINUED TO OCTOBER 2, 2001, FOR VACATION OF PORTION OF
SPRUCE ROAD (ADTACENT TO 300 ARTHUR STREET) Motion made by Member
Masica and seconded by Member Housh to continue the action to October 2,2001, for the
vacation of a portion of Spruce Road (adjacent to 300 Arthur Street).
Motion carried on rollcall vote - five ayes.
*EXTENSION FROM ACTION GRANTED AND PRELIMINARY PLAT APPROVAL
CONTINUED TO 11/20/01 FOR PARKWOOD KNOLLS 26m ADDITION, REPLAT OF
OUTLOT A PARKWOOD KNOLLS 25m ADDITION PARKWOOD KNOLLS
CONSTRUCTION COMPANY) Motion made by Member Masica and seconded by
Member Housh approving the extension from action until November 20, 2001 and the
Preliminary Plat approval be continued to October 2, 2001, for Parkwood Knolls 26th
Addition and replat of outlot A Parkwood Knolls 25th Addition (Parkwood Knolls
Construction Company) .
Motion carried on rollcall vote - five ayes.
RESOLUTION NO. 2001-65 - FINAL DEVELOPMENT PLAN FOR SOUTHDALE
MEDICAL CENTER (6545 FRANCE AVENUE SOUTH) Affidavits of Notice were
presented, approved and ordered placed on file.
Presentation bv Planner
Assistant Planner Aaker explained the City had received a request for Final Development
Plan approval to permit construction of a &tory, 65,595 square foot addition to the existing
Southdale Medical Center located at 6545 France Avenue South. Ms. Aaker stated the
existing facility was a 6-story medical office building containing a gross floor area of 191,063
square feet. Much of the ground floor contains retail uses as permitted in the Regional
Medical District. Surface parking areas are located on the west, south and north sides of the
building. A two level parking structure is located on the east side of the site. There are a total
of the 1,021 parking spaces currently on the site. The addition would include a 75-space
parking garage below the addition. There would also be another deck added over the
existing parking structure adding 154 spaces. Total parking after the addition would be at
1,274 spaces.
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Minuteskdina City CounciVSeptember 19,2001
The proponents, SMB Operating Company, LLC and Northco Real Estate Services would like
to complete the addition as soon as possible. Ms. Aaker added that the proposed addition
complies with Edina's code in all aspects: floor area ratio, building materials, setbacks, and
parking.
She noted that the engineers had, in an August 17, 2001 memo, offered the following
recommendations:
A. Add concrete sidewalk along W. 65th Street
B. Remove one curb cut on W. 65th Street. Combine easterly lot driveway with
ramp driveway. (Probably only a one way in at ramp driveway to enter surface
lot.) Also, able to pick-up a little more surface parking.
C. Show existing conditions on Drew Avenue for this project to include new street,
sidewalk, retaining walls and proposed landscaping.
D. Replace 66th Street curb cut that is being eliminated with new brick paver
sidewalk
E. Redesign storm sewer to create less disruption on brick paver sidewalk along
W. 66th Street or push under sidewalk.
F. Staff review special assessment district costs with'this new expansion.
Ms. Aaker reported that the Planning Commission heard the request for Final Development
Plan Approval at their August 29, 2001, meeting and recommend the Council approve the
request. Ms. Aaker introduced Mr. Bruce Carlson to give details on the proposal to Council.
Proponent - Presentation
Bruce Carlson, Southdale Medical Owner, outlined the proposed addition to the building
using a graphic depiction. Mr. Carlson stated that physicians housed in the Medical Center
meet the needs of many area residents, both adults and children.
B
Member Masica asked a question about the exterior materials. Mr. Carlson replied they were
chosen to make the addition look slightly different from the original building.
Member Housh asked if the Fire Department was satisfied with the ability to get emergency
vehicles through the parking lot with the expansion. Fire Chief Scheerer replied they were
satisfied. Member Housh also asked if the proponent would comply with the Engineering
Department recommendations per their August 17,2001, memo. Mr. Carlson answered they
would agree to comply with the August 17,2001 Engineering memo.
No public comment was heard.
Member Kelly made a motion to close the public hearing. Member Hovland seconded the
motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
Member Hovland introduced the following resolution and moved its approval subject to
the conditions previously stated from the Engineering Department August 17,2001, memo:
APPROVING FINAL DEVELOPMENT PLAN
Page 3
RESOLUTION NO. 2001-65
MinutesEdha City CounciVSeptember 19,2001
SOUTHDALE MEDICAL CENTER
BE IT RESOLVED, that the Final Development Plan dated August 15,2001, submitted by
SMB Operating Company, LLC and Northco Real Estate Services and presented to the
Edina City Council, September 19,2001, is hereby approved.
Passed and adopted this 19th day of September.
Member Kelly seconded the motion.
I
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
ORDINANCE NO. 2001-7 APPROVED - AN ORDINANCE MAKING TECHNICAL
CORRECTIONS TO THE EDINA CITY CODE City Manager Hughes explained that the
proposed ordinance reflected some technical changes needed to keep the City's Code of
Ordinances up to date. The most sigruficant change would be in Section 850. Recent
legislation changed the number of affirmative votes needs to approve a zoning change to a
simple majority. He added that a 4/5 affirmative vote would still be required when rezoning
from residential to commercial or industrial.
No public comment was heard.
Member Masica made a motion to close the hearing. Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold I Motion carried.
Member Kelly made a motion to grant First Reading and waive second reading to the
following ordinance:
EDINA ORDINANCE NO. 2000- 7
AN ORDINANCE PROVIDING TECHNICAL
CORRECTIONS TO THE EDINA CITY CODE
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Subsection 160.02 of the City Code is amended to read as follows:
""160.02 Application Form. Unless otherwise provided by this Code, the application
for license or renewal of license shall be filed with the Clerk on forms to be provided by
the Clerk. On such forms the Clerk may require the following information:''
Section 2. Subsection 460.05, subd. 2 para. A2 is amended to read as follows:
"1.
square feet."
Section 3.
Section 4.
"'3. Council Hearings and Decision; Preliminary Zoning Approval. Upon request of the
Planner, Manager or petitioner, and after review and recommendation by the Commission,
Page 4
MDD-3 and MDD-4. One sign per development for each frontage not to exceed 50
Subsection 605.08 subd. 7 is deleted in its entirety.
Subd. 2, para. C3 of Subsection 850.04 is amended to read as follows; I
MinutesBdina City CounciVSeptember 19,2001
the Council shall conduct a public hearing regarding the petition and Preliminary
Development Plan. The hearing shall be held not later than 60 days after the date of the
recommendation by the Commission. A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the City at least ten days prior to
the date of the hearing. A similar notice of hearing shall be mailed at least ten days before
the date of the hearing to each owner of property situated wholly or partly within 500 feet
of the tract to which the petition relates insofar as the names and addresses of such owners
can reasonably be determined by the Clerk from records maintained by the Assessor or
from other appropriate records. After hearing the oral or written views of all interested
persons, the Council shall make its decision at the same meeting or at a specified future
date. No new notice need be given for hearings which are continued by the Council to a
specified future date. An affirmative vote of three-fifths of all members of the Council
shall be required to grant preliminary rezoning approval. Provided, however, a rezoning
from any residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. If preliminary rezoning
approval is granted, the petitioner may prepare a Final Development Plan. In granting
preliminary rezoning approval, the Council may make modifications to the Preliminary
Development Plan and may impose conditions on its approval. The petitioner shall
include the modifications, and comply with the conditions, in the Final Development Plan,
or at another time and by other documents, as the Council may require or as shall be
appropriate.”
Section 5.
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the
recommendation on the Final Development Plan by the Commission, the Council shall
conduct a public hearing on the Final Development Plan in the same manner and with the
same notices as required for preliminary rezoning approval. After hearing the oral and
written views of all interested persons, the Council may accept or reject the findings of the
Commission and thereby approve or disapprove the Final Development Plan. An
affirmative vote of three-fifths of all members of the Council shall be required to grant
final rezoning approval. Provided, however, a rezoning from any residential zoning
district to any nonresidential zoning district shall require an affirmative vote of four-fifths
of all members of the Council. Approval may be made subject to modifications and
conditions which, together with the Council’s modifications and conditions at the time of
preliminary rezoning approval and not done and fulfilled by the Final Development Plan,
must be fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective. Approval of the Final Development Plan shall also constitute final
rezoning of the tract included in the plans, and the publication of the ordinance
amendment effecting the zoning change shall thereby be authorized, but no publication
shall be done until any modifications and conditions made by the Council have been met
and fulfilled to the satisfaction of the Planner.
Subd. 2, para. C6 of Subsection 850.04 is amended to read as follows: I
Section 6.
”3.
Subd. 2, para. D3 of Subsection 850.04 is amended to read as follows:
Council Hearing and Decision; Preliminary Zoning Approval. Upon request of the
Planner, Manager or petitioner, and after review and recommendation by the Commission,
the Council shall conduct a public hearing regarding the petition and Preliminary
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MinutesEdha Citv CounciVSeptember 19,2001
Development Plan. The hearing shall be held not later than 60 days after the date of the
recommendation by the Commission. A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the City at least ten days prior to
the date of the hearing. A similar notice of hearing shall be mailed at least ten days before
the date of the hearing to each owner of property situated wholly or partly within 500 feet
of the tract to which the petition relates insofar as the names and addresses of such owners
can reasonably be determined by the Clerk from records maintained by the Assessor. After
hearing the oral or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future date. No new notice need be given for
hearings which are continued by the Council to a specified future date. An affirmative
vote of three-fifths of all members of the Council shall be required to grant preliminary
rezoning approval. Provided, however, a rezoning from any residential zoning district to
any nonresidential zoning district shall require an affirmative vote of four-fifths of all
members of the Council. If preliminary rezoning approval is granted, the petitioner may
prepare an Overall Development Plan for final rezoning approval. In granting preliminary
rezoning approval, the Council may make modifications to the Preliminary Development
Plan and may impose conditions on its approval. The petitioner shall include such
modifications, and comply with such conditions, in the Overall Development Plan, or at
such other time and by such other documents, as the Council may require or as shall be
appropriate."
Section 7.
"6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the
recommendation on the Overall Development Plan by the Commission, the Council shall
conduct a public hearing on the Overall Development Plan in the same manner and with
the same notices as required for preliminary rezoning approval. After hearing the oral and
written views of all interested persons, the Council may accept or reject the findings of the
Commission and thereby approve or disapprove the Overall Development Plan. An
affirmative vote of three-fifths of all members of the Council shall be required to grant
final rezoning approval. Provided, however, a rezoning from any residential zoning
district to any nonresidential zoning district shall require an affirmative vote of four-fifths
of all members of the Council. Approval may be made subject to modifications and
conditions which, together with the Council's modifications and conditions at the time of
preliminary rezoning approval and not done and fulfilled by the Overall Development
Plan, must be fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective."
Subd. 2, para. D6 of Subsection 850.04 is amended to read as follows:
Section 8. Subd. 2, para. E2 of Subsection 850.04 is amended to read as follows:
"2. Council Hearing and Decision; Preliminary Rezoning Approval. Upon request of
the Planner, Manager or petitioner, and after review and recommendation by the
Commission, the Council shall conduct a public hearing regarding the petition. The
hearing shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall be
published in the official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of the tract to
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MinutesEdina City CounciVSeptember 19,2001
which the petition relates, insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the Assessor. After
hearing the oral and written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future date. No new notice need be given for
hearings which are continued to a specified future date. An affirmative vote of three-fifths
of all members of the Council shall be required to grant preliminary rezoning approval.
Provided, however, a rezoning from any residential zoning district to any nonresidential
zoning district shall require an affirmative vote of four-fifths of all members of the
Council. In granting preliminary rezoning approval, the Council may make modifications
to, and impose conditions on, the proposed rezoning..”
Section 9. Subd. 2, para. E3 of Subsection 850.04 is amended to read as follows:
”2. Final Rezoning Approval. Upon request of the Planner, Manager or petitioner, after
preliminary rezoning approval has been granted and after the modifications and
conditions made and imposed by the Council have been met and fulfilled to the
satisfaction of the Planner, the Council shall place the petition on its agenda and shall
consider final rezoning approval. An affirmative vote of three-fifths of all members of the
Council shall be required to grant final rezoning approval. Provided, however, a rezoning
from any residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. Final rezoning approval
shall include authorization to publish the amendment effecting the zoning change.
Approval may be made subject to modifications and conditions which must be fulfilled
and met, to the satisfaction of the Planner, before the final approval becomes effective and
before the amendment is published.”
Sectionlo.
follows:
Paragraph F of Subsection 1230.03 of the City Code is amended to read as
”F. Be in or remain in any vehicle, or park or leave unattended any vehicle, between the
hours of 12 midnight and 6A.M., except when the vehicle is moving upon a street or when
permitted by the Park Director.”
Section 11.
N as follows:
Subsection 1230.03 of the City Code is amended by adding a new paragraph
”N. Be in or remain within the park before or after posted hours of operation without the
written permission of the Park Director.”
Section 12.
and publication according to law.
Effective Date: This ordinance shall be in full force and effect upon adoption
Passed and adopted this 19th day
First Reading:
Second Reading:
Published in Edina Sun Current:
of September 2001.
September 19,2001
Waived
October 3,2001
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MinutesBdina City CounciVSeptember 19,2001
Attest
City Clerk Mayor
Member Housh seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Ordinance No. 2001-07 adopted.
“BID RETECTED FOR CONTRACT NO. 01-2 (ENG): TRAFFIC SIGNALS AND
MISCELLANEOUS CONSTRUCTION WEST 76m STREET AND YORK AVENUE
SOUTH (CSAH 31); WEST 77TH STREET AND COMPUTER AVENUE: WEST 77”H
STREET AND PARKLAWN AVENUE: WEST 76m STREET AND EDINBOROUGH WAY
Motion made by Member Masica and seconded by Member Housh approving the
rejecting of the bid for Contract No. 01-2 (Eng) traffic signals and miscellaneous
construction: West 76th Street and York Avenue South (CSAH 31); West 77th Street and
Computer Avenue; West 77th Street and ParkIawn Avenue; and West 76th Street and
Edinborough Way and acknowledging the bid will be re-bid at a later date.
Motion carried on rollcall vote - five ayes.
“AWARD OF BID CONTINUED TO OCTOBER 2, 2001, FOR PAMELA LAKE
DREDGING - STS-271 Motion made by Member Masica and seconded by Member Housh
continuing the award of bid to October 2,2001, for Pamela Lake dredging, to allow the
Minnehaha Creek Watershed District to submit an evaluation. I Motion carried on rollcall vote - five ayes.
TRAFFIC SAFETY COMMITTEE STAFF REPORT OF AUGUST 28,2001, APPROVED
Engineer Hoffman explained the traffic layout plan from the City of Minneapolis which was
a key element in the Country Club area traffic discussion. He recommended approval of the
report as presented.
Member Hovland made a motion approving the Traffic Safety Committee Staff Report of
August 28, 2001, Section A subject to acquiring a decision from the Minneapolis City
Council regarding metered parking, and
1. Installation of a ’Deaf Child’ sign on East Normandale service road just south
of 6617 Normandale Drive;
2. Approving the Traffic Layout from City of Minneapolis; and
3. Addition of a sidewalk on the west side of Antrim from Chapel Drive to
Valley View Road and a south bound morning turn prohibition on Chapel
Drive, similar to the current northbound turn prohibition.
Section B and C. Member Masica seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
I APPEAL OF TOBACCO ADMINISTRATIVE PENALTY DENIED - E.CENTIALS 7601
FRANCE AVENUE - SALE TO MINOR Sanitarian Velde explained that Edina has been
performing tobacco compliance checks on its licensed tobacco retailers since 1993. In 1999,
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MinutesEdina Citv CounciVSeptember 19,2001
tobacco compliance checks became one part of a statewide and nationwide effort to reduce
youth access to tobacco products.
Mr. Velde continued stating that Minnesota Statutes provide for administrative penalties for
those who sell tobacco products to minors, including the licensee. Each community was
required to establish a penalty structure that met or exceeded the statewide standard.
Penalties may not be less than $50.00 for the clerk who sells to a minor and no less than
$75.00 for the licensee. Mr. Velde presented a graduated chart showing the penalties for the
licensee from the first offense at $75.00 to the fourth offense within a 24-month period at
$500.00, plus revocation of license.
Mr. Velde reported that a letter of appeal, dated August 30,2001, was received from Pamela
K. Ree, President of E.Centials as well as a copy of a letter her company had received after a
positive compliance check from the City of Minneapolis. However, Mr. Velde said staff
recommended denying the1 appeal of the administrative penalty citation for selling tobacco
products to a minor at E.Centials, 7601 France Avenue South, Edina, MN.
Pamela Ree, 5375 Shady Hill Circle, Shorewood, MN, said she realized her employee did sell
tobacco to an underage person and the employee has paid her fine.
Member Masica stated she disagreed that a businessperson would also need to be a
policeman. In addition, she also disagreed with using "trickery" to catch someone making a
sale to an underage person.
Member Hovland inquired how long the employee who made the sale had worked for Ms.
Ree. Ms. Ree answered three to four years.
Member Housh asked if Ms. Ree had been cited at any time previously. Ms. Ree answered
three years ago they were cited for the same offense.
Member Hovland asked an opinion of the situation from Chief Siitari. Chief Siitari noted that
reports are not written on tobacco sales unlike the gross misdemeanor reports generated
from liquor sale, non-compliance. The underage decoy is instructed to attempt to purchase
tobacco and to present an ID if asked. Mr. Hovland asked if a situation has occurred before
where an employee has mis-read an ID. Mr. Siitari said yes that has happened with both
tobacco and alcohol sales.
Member Kelly made a motion upholding the denial of the appeal of the administrative
penalty citation for selling a tobacco product to a minor at E.Centials, 7601 France Avenue
South, Edina.
Mr. Velde noted that State Statutes require licensees who make underage sales of tobacco to
require administrative penalty. Mr. Velde added that Minnesota Law also requires the local
licensing authority to make compliance checks twice yearly of all establishments within their
jurisdiction. He then quoted the enabling language from Edina Code Section 132.08:
"1326.08 Penalties. The following administrative penalties will be applied as set forth
below.
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Minutesfidina City CounciVSeptember 19,2001
Subd. 1. Licensees. Any licensee found to have violated this Section, or whose
employee shall have violated this Section, shall be charged an administrative fine of
$75.00 for the first violation of this Section; $200.00 for the second offense at the same
licensed premises within a twenty-four month period; $400.00 for a third offense at the
same location within a twenty-four month period and the license shall be suspended
for not less than seven days; and $500.00 for a fourth offense at the same location
within a twenty-four month period. In addition, after the fourth offense, the license
shall be revoked.”
Following further discussion Member Kelly withdrew his motion and made a motion to
uphold the administrative penalty and deny the licensee‘s appeal. Member Hovland
seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION NO. 2001-66 APPROVED - COMMUNITY HEALTH SERVICES PLAN
UPDATE Sanitarian Velde explained that the current Community Health Plan covers the
year 2000-2004. This update is intended to bring about a review of our activities and make
corrections or changes to the existing plan as deemed necessary. State law requires this plan
update.
Key changes impact on the joint efforts of Edina, Bloomington and Richfield through our
contract with Bloomington for some of the Public Health Services. Examples include:
Increased educational activities in alcohol, tobacco and other drug usage. The
three communities through Bloomington Division of Public Health are
participating in a State Incentive Grant (SIC) for the prevention of underage
alcohol use and for marijuana use.
The three communities receive Youth Risk Behavior Endowment funds to
support healthy youth development programs with a focus on: 1) lack of
physical activity, 2) poor nutrition, and 3) violence reduction. Edina is using
their fund to support the Asset Building activity initiated by the school district.
Increased staff costs resulting from changes in the payment systems for Home
Care agencies.
Providing Hepatitis A shots for restaurant staff on request.
Development of the Health Alert Network for quick response to health related
emergencies or disasters.
Increased need for Spanish speaking Family Resource specialist to help bridge
the language barrier for health services.
Mr. Velde stated the Edina Community Health Comrnittee reviewed and unanimously
approved the Plan update on August 28,2001.
Member Hovland introduced the following resolution and moved its adoption: I RESOLUTION NO. 2001-66
APPROVING THE PLAN FOR PROVISION
OF COMMUNITY HEALTH SERVICES
IN THE CITY OF EDINA AND THE
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MinutesEdina Citv CounciVSeptember 19,2001
SUBMISSION OF AN APPLICATION
FOR THE COMMUNITY HEALTH
SERVICES ACT SUBSIDY
WHEREAS, the City Council of the City of Edina is the official governing body of
the City of Edina and functions as the official Board of Health in the City of Edina; and
WHEREAS, the City Council is committed to promote, support and maintain the
health of the entire community at the highest level; and
WHEREAS, the Community Health Services Act provides for subsidies in support
of public health services on the local level throughout the State of Minnesota; and
WHEREAS, a public meeting was held relative to the needs and priorities of the
community for Community Health Services; and
WHEREAS, the Community Health Committee of the City of Edina has reviewed
the plan update for the provision of public health services in the City of Edina and
recommends its approval to the City Council; and
WHEREAS, the City Council has reviewed this self-same plan update and finds it
consistent with the needs and priorities of the community as determined by the
Community Health Committee and as expressed by the citizens of Edina;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Edina
that the Community Health Services Plan update for the City of Edina is approved and
authorization is hereby given to submit an application for the Community Health Services
Act subsidy for the years 2002-2003.
Member Housh seconded the motion.
ADOPTED this 19th day of September, 2001.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
"RESOLUTION NO. 2001-67 - AUTHORIZING ASSURED CARE PROVIDER
CONTRACT Member Masica introduced the following resolution seconded by Member
Housh and moved its adoption:
RESOLUTION NO. 2001-67
AUTHORIZING ASSURED CARE PROVIDER
CONTRACT NO. A00471 HENNEPIN
COUNTY 2001-2003
WHEREAS, Hennepin County, on behalf of the City of Edina Fire Department
wishes to include the Edina Fire Department Ambulance as a member of the Hennepin
County Assured Care Provider Network; and
WHEREAS, the Edina Fire Department Ambulance wishes to provide services to
participants in the Hennepin County Assured Care program.
NOW, THEREFORE BE IT RESOLVED, by the Edina City Council, that the City
Manager and Assistant Finance Director are hereby authorized and directed to execute
Hennepin County Contract No. A00471, on behalf of the City of Edina Fire Department.
Motion carried on rollcall vote - five ayes.
Adopted this 19th day of September, 2001.
"RESOLUTION NO. 2001-68 - AUTHORIZING PUBLIC SAFETY TRAINING CENTER
AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY Motion made
by Member Masica and seconded by Member Housh introducing the following resolution
and moving its adoption:
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MinutesEdina City CounciVSeptember 19,2001
RESOLUTION NO. 2001-68
A RESOLUTION AUTHORIZING
EXECUTION OF AGREEMENT
BE IT RESOLVED that the City of Edina Fire Department enter Ao a cooperative
agreement with the Office of Drug Policy and Violence Prevention in the Minnesota
Department of Public Safety; and
BE IT FURTHER RESOLVED that Gordon L. Hughes, City Manager, is hereby
authorized to execute such agreement and amendments, as are necessary to implement the
project on behalf of the City of Edina Fire Department.
ADOPTED this 19th day of September, 2001.
Motion carried on rollcall vote - five ayes.
TRAFFIC CALMING PRESENTATION Engineer Hoffman introduced Mike Monahan from
the SRF Consulting Group, Inc., to discuss traffic issues in the City of Minneapolis where he
worked as Traffic Engineer for many years. He told the Council that traffic can be calmed,
but that it is necessary to try different options, knowing in advance that some will fail. Not
all options work in all areas. Sometimes the cost is too great to implement the option. Mr.
Monahan stated that traffic calming should concentrate on reducing speed. His rationale for
this was because any attempt to reduce volumes always results in a negative impact on
another area. However, there are means of reducing speeds so that quality of life in
neighborhood improves. In addition, he noted that sometimes cut through traffic decides to
abandon neighborhoods when they discover the average speed has been reduced. This
should not be counted on to help calm traffic.
Mr. Monahan said that in order to have any traffic calming be effective all parties: the
neighbors, the maintenance workers and the public safety departments must be committed to
a sincere attempt to implement the option. Then after a reasonable time the effectiveness
should be evaluated and either kept or discarded based on that evaluation.
Mr. Monahan reviewed the following calming options and noted their effectiveness or
ineffectiveness
1. Traffic Cifcles - Ineffective
2. Speed Humps - Effective
3. Converging/diverging one way streets - Effective
4. Rumble Strips - Ineffective
5. Traffic Diverters - Effective
6. Angle Parking - Effective in certain areas
7. Raised Crosswalks - Effective
8. Painted Islands (Channelization) - Effective
9. Painting of Parking Lanes - Effective
10. Throating of Intersections - Effective
11. Traffic Signs Master Plans - Effective
12. Chicanes - Experimental at this time - Outcome not known
I
The Council discussed the various options. They thanked Mr. Monahan for his time and
expertise in sharing his traffic calming experience.
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MinutesFdina City Council/September 19,2001
No Council action was taken.
*REQUEST FOR VACATION FOR SPRUCE ROAD WITHDRAWN BY APPLICANT
Motion made by Member Masica and seconded by Member Housh approving the
withdrawal of the request for vacation for Spruce Road by the applicant.
Motion carried on rollcall vote - five ayes.
*RESOLUTION 2001-72, SETTING HEARING DATE SET OF OCTOBER 16, 2001, FOR
SPECIAL ASSESSMENTS Motion made by Member Masica and seconded by Member
Housh setting October 16,2001, as the public hearing for Special Assessments.
RESOLUTION NO. 2001-72
RESOLUTION SETTING
PUBLIC HEARING DATE OF
OCTOBER 16,2001 FOR SPECIAL ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA,
MINNESOTA
1. A public hearing shall be held on the 16th of October, 2001, in the Council
Chambers at City Hall at EO0 P.M. to pass upon the proposed special
assessments for the 2000-2001 construction season. All persons owning
property affected by such improvements at such time and place will be given
an opportunity to be heard with reference to such assessments.
2. The City Clerk is hereby directed to cause a notice of hearing on the
proposed assessments to be published in the Edina Sun-Current at least two
weeks before the hearing and shall in the notice state the total cost of the
improvements. The Clerk shall also cause mailed notice to be given to the
owner of each parcel described in the assessment rolls not less than two
weeks before the hearings.
Adopted this 19th day of September 2001.
Motion carried on rollcall vote - five ayes.
APPOINTMENT MADE TO PLANNING COMMISSION Mayor Maetzold recomended
the appointment of Stephen H. Brown of 6624 Southcrest Drive to fill the unexpired term to
February 1,2002, on the Planning Commission.
Member Maetzold made a motion appointing Stephen H. Brown of 6624 Southcrest Drive
to fill the unexpired term to February 1,2002, on the Planning Commission. Member Kelly
seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
VERNON LIQUOR STORE REMODELING REPORT PRESENTED Assistant Manager
Anderson explained as part of the review of Edina Liquor’s business plan in early summer,
staff presented a proposal to do a sigruficant remodeling of the Vernon Avenue Liquor Store.
Since that time, staff has worked with Tushie Montgomery Architects to prepare interior and
exterior plans for the store. Mr. Anderson presented plans that would work within the
existing footprint of the building as well as the possibility of extending the east wall
approximately 10 feet out from the existing structure. The estimated cost of the remodel
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MinutesBdina City CounciVSeptember 19,2001
within the existing footprint proposal is $742,000 including architectural and engineering
fees. An estimate for the remodel including the enlarged footprint has not been completed.
The funds are included in the Capital Improvement Program and will be paid for from the
Liquor Fund. Construction indoors could begin in January and completed by March. The
exterior design could be completed in May. The store would be closed for four weeks in
February allowing demolition and new cooler install without customers and staff present.
Existing staff would be temporarily assigned to the other two liquor stores until Vernon
Avenue is re-opened.
I
Mr. Anderson indicated the advantages of the remodeling would include:
Improved Store Layout - cooler in the back of the store with excellent traffic
flow
Increased Cooler and Shelf Footage - same square footage but 28% greater shelf
space and 75% more cooler space
Improved Checkout - three lanes as opposed to current single counter
Brighter, Newer Atmosphere - much greater daylight exposure and new
lighting
More Appealing Exterior
Better Security/Surveillance for Shoplifting
Staff believes that even if "wine in grocery stores" were to prevail through the legislature, a
more competitive and more appealing place to shop would be imperative to get the
customers into the store. The current store does not allow the ability to provide
interior/ exterior appeal.
Mr. Anderson introduced Gary Tushie, of Tushie Montgomery who gave a brief overview of
the proposed remodel.
No Council action was taken.
"RESOLUTION NO. 2001-71, A RESOLUTION CALLING FOR PUBLIC HEARING ON
GRANDVIEW TAX INCREMENT FINANCING PLAN HAZARDOUS SUBSTANCE
SUBDISTRICT #1 Motion made by Member Masica and seconded by Member Housh
approving of following resolution as presented
RESOLUTION NO. 2001- 7l
A RESOLUTION CALLING FOR PUBLIC HEARING ON
GRANDVIEWTAX INCREMENT FINANCING PLAN
BE IT RESOLVED, by the City Council of the City of Edina, Minnesota (the "City"),
as follows:
1. Proposed Amendment. The Housing and Redevelopment Authority in and for
the City of Edina, Minnesota (the "HRA") and the City have approved a redevelopment
plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as the
Grandview Area Redevelopment Plan (the "Redevelopment Plan"), and a redevelopment
project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section
469.002, subdivision 14 designated as Grandview Redevelopment Project No. 1 (the
"Redevelopment Project"), and that in order to finance the public redevelopment costs to
be incurred by the HRA and City in connection with the Redevelopment Plan and the
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MinutesEdina City CounciVSeptember 19,2001
Redevelopment Project, the HRA and City have approved a tax increment financing plan,
pursuant to the provisions of Minnesota Statutes, Section 469.175, designated as
Grandview Tax Increment Financing Plan (the "Financing Plan"), which establishes a tax
increment financing district, as defined in Minnesota Statutes, Section 469.174,
subdivision 9, designated by the HRA as Grandview Tax Increment. Financing District
(Hennepin County No. 1202) (the "District"). On April 17,1997, December 7, 1999 and
August15, 2000 the HRA and City approved amendments to the Redevelopment Plan,
Redevelopment Project and Financing Plan (the "Amendments"). The Amendments
approved on August 15, 2000 establishes Hazardous Substance Subdistrict No. 1 (the
"HSS") within the District and authorizes the use of tax increment from the HSS to pay or
reimburse costs of removal and remediation actions with respect to hazardous substances
or pollutants or containments or petroleum releases affecting or which may affect property
in the HSS and other related costs and expenses of such removal or remediation actions. It
has been proposed that the HRA approve amendments to the Financing Plan, as amended
by the Amendments, which is entitled "Modification #1 of Tax Increment Financing Plan
for Hazardous Substance Subdistrict No. 1" (the "2001 Amendment"). The 2001
Amendment increases the authorized amount of tax increment revenue from the HSS to
pay costs of removal and remediation actions within the HSS and increases the authorized
principal amount of bonds to be issued to finance remediation and removal actions within
the HSS.
2. Public Hearing. A public hearing on the 2001 Amendment is hereby called and
shall be held on October 16, 2001, at 200 o'clock p.m. in the City Council Chambers at
Edina City Hall. The City Clerk shall cause notice of the public hearing to be published in
the Edina Sun Current, the official newspaper of the City and a newspaper of general
circulation in the City at least once not less than ten (10) days or more than thirty (30) days
prior to the date fixed for the public hearing.
Motion carried on rollcall vote - five ayes.
Passed by the Council this 19th day of September, 2001.
I
*CHANGE ORDER ON PUMP REPAIR AND INSTALL - WELL #9 (5908 HANSON
ROAD) Motion made by Member Masica and seconded by Member Housh approving a
change order for Keys Well Drilling for a new bowl assembly at Well #9, 5908 Hanson
Road in the amount of $2,465.00.
Motion carried on rollcall vote - five ayes.
TEMPORARY 3.2 ON-SALE BEER LICENSE FOR OUR LADY OF GRACE CHURCH Mi.
Hughes stated that the City received a request for a temporary 3.2 beer on-sale license from
Our Lady of Grace Church for their Octoberfest celebration September 29,2001.
Following a brief Council discussion, Member Kelly made a motion approving the
temporary 3.2 beer license for Our Lady of Grace Church for their September 29, 2001,
Octoberfest. Member Masica seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION NO. 2001-7 - CALLING FOR OCTOBER 16, 2001, RECREATIONAL
FACILITY BOND SERIES 2001A; AND RESOLUTION NO. 2001-73, REIMBURSING
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MinutesEdha Citv CounciVSeptember 19,2001
GOLF COURSE BONDS Assistant Manager Anderson explained the G.O. Recreational
Facility Bonds, Series 2001 A were being issued to finance current refunding of G.O.
Recreational Facility Refunding Bonds, Series 1992C and additionally to finance
improvements to the golf course and aquatic center. Ehlers and Associates, Inc., the City's
bond consultant, has prepared the Bond Sale Report providing for the sale of $4,620,000 in
the G.O. Recreational Facility Bonds. Of the total proceeds of the bonds, $3,090,000 will be
issued to refund the City's G.O. Recreational Facility Refunding Bonds, Series 1992C. The
refunding can be expected to result in a total savings of $200,265 and a present value savings
of $170,391. The $500,000 in proceeds for the golf course, along with $10,000 in issuance costs,
will finance the Clubhouse improvements recently approved by the Council as well as
improvements to the Executive Course ball storage area and Braemar Golf dome restroom
renovations.
Mi Anderson indicated the $1,000,000 in proceeds for the Aquatic Center, along with $20,000
in issuance costs will finance capital projects including the replacement of the waterslide with
a new separate plunge pool, a dry play area and cable ride.
Following a Council discussion, Member Kelly introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2001-70
A RESOLUTION PROVIDING FOR THE SALE OF
$4,620,000 IN GENERAL OBLIGATION
RECREATIONAL FACILITY BONDS, SERIES 2001A
WHEREAS, the City Council of the City of Edina, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $4,620,000 G.O.
Recreational Facility Bonds, Series 2001A (the "Bonds"), to finance a current refunding of
G.O. Recreational Facility Refunding Bonds, Series 1992C and finance improvements to
municipal golf and swimming facilities; and
WHEREAS, the City has designated Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor and is therefore authorized to
solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
and
I
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
Authorization; Findings. - The City hereby authorizes Ehlers to solicit
proposals for the sale of the Bonds.
Meeting; Proposal Opening. The City Council shall meet at the time and
place to be specified in the Terms of Proposal for the purpose of considering
sealed proposals for, and awarding the sale of the Bonds. Ehlers shall receive
proposals at the time and place to be specified in such Terms of Proposal.
Terms of Proposal. The terms and conditions of the Bonds and the sale
thereof are fully set forth in the Bond Sale Report and are hereby approved
and made a part hereof.
Official Statement. In connection with said sale, the officers or employees of
the City are hereby authorized to cooperate with Ehlers and participated in
the preparation of an official statement for the Bonds and to execute and
deliver it on behalf of the City upon its completion.
I
Adopted this 19th day of September, 2001.
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MinutesBdina Citv Council/September 19,2001
Motion seconded by Member Hovland.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried. I
Member Kelly made a motion introducing the following resolution and moved its
approval:
RESOLUTION NO. 2001-73
RESOLUTION RELATING TO FINANCING OF IMPROVEMENTS TO BRAEMAR
CLUBHOUSE; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the
1. Recitals.
(a) The United States Department of Treasury has promulgated final
regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which
are to be used to reimburse the City for project expenditures paid by the City prior to the
date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2)
(the "Regulations") require that the City adopt a statement of official intent to reimburse
an original expenditure not later than 60 days after payment of the original expenditure.
The Regulations also generally require that the bonds be issued and the reimbursement
allocation made from the proceeds of the bonds within 18 months (or three years, if the
reimbursement bond issue qualifies for the "small issuer" exception from the arbitrage
rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the
project is placed in service or abandoned, but (unless the issue qualifies for the "small
issuer" exception from the arbitrage rebate requirement) in no event more than three years
after the date the expenditure is paid. The Regulations generally permit reimbursement of
capital expenditures and costs of issuance of the bonds.
(b) The City desires to comply with requirements of the Regulations with
respect to a project hereinafter identified.
2. Official Intent Declaration.
(a) The City is undertaking a project (the "Project"), consisting of
improvements to the clubhouse for the Braemar golf course at a total estimated cost of
$500,000.
(b) Other than (i) expenditures to be paid or reimbursed from sources other
than the Bonds (as hereinafter defined), (ii) expenditures permitted to be reimbursed
under the transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii)
expenditures constituting preliminary expenditures within the meaning of Section 1.150-
2(f)(2) of the Regulations, or (iv) expenditures in a "deminimus" amount (as defined in
Section 1.150-2(f)(l) of the Regulations), no expenditures for the Projects have heretofore
been paid by the City and no expenditures will be paid by the City until after the date of
this Resolution.
(c) The City reasonably expects to reimburse the expenditures made for costs
of the Project out of the proceeds of the City's General Obligation Recreation Facility
Bonds, Series 2001A to be issued in an estimated aggregate principal amount of $4,020,000
(the "Bonds") after the date of payment of all or a portion of the costs of the Project.
Proceeds of the Bonds are to be used to finance the Project and improvements to other
recreational facilities of the City and to refund outstanding bonds of the City. All
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"City"), as follows:
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MinutesBdina Citv CounciVSeptember 19,2001
reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or
other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Regulations.
3. Budgetarv - Matters. As of the date hereof, there are no City funds reserved,
allocated on a long-term basis or otherwise set aside (or reasonably expected to be
reserved, allocated on a long-term basis or otherwise set aside) to provide permanent
financing for the expenditures related to the Project, other than pursuant to the issuance of
the Bonds. The statement of intent contained in this resolution, therefore, is determined to
be consistent with the City's budgetary and financial circumstances as they exist or are
reasonably foreseeable on the date hereof.
4. Reimbursement Allocations. The City's financial officer shall be
responsible for making the "'reimbursement allocations" described in the Regulations,
being generally the transfer of the appropriate amount of proceeds of the Bonds to
reimburse the source of temporary financing used by the City to make prior payment of
the costs of the Project. Each allocation shall be evidenced by an entry on the official
books and records of the City maintained for the Bonds or the Project and shall
specifically identify the actual original expenditure being reimbursed.
Motion seconded by Member Masica.
Adopted this 19th day of September, 2001.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
I *CLAIMS PAID Member Masica made a motion and Member Housh seconded the motion
approving payment of the following claims as shown in detail on the Check Register dated
September 6, 2001, and consisting of 28 pages: General Fund $298,003.01; CDBG Fund
$37.00; Communications Fund $1,303.07; Working Capital Fund $3,606.94; Construction
Fund $27,088.00; Art Center Fund $1,700.11; Aquatic Center Fund $413.06; Golf Course
Fund $11,786.70; Ice Arena Fund $2,570.54; Edinborough/Centennial Lakes Fund $5,330.68;
Liquor Fund $147,413.51; Utility Fund $15,756.94; Storm Sewer Fund $4,169.56; Payroll
Fund $370,000.00; TOTAL $889,179.12; and the following claims as shown in detail on the
Check Register dated September 13, 2001, and consisting of 36 pages: General Fund
$88,084.43; Communications Fund $6,355.55; Working Capital Fund $11,164.13;
Construction Fund $142,494.92; Art Center Fund $3,488.30; Golf Dome Fund $986.90;
Aquatic Center Fund $187.32; Golf Course Fund $20,247.48; Ice Arena Fund $4,625.35;
Edinborough/Centennial Lakes Fund $6,427.98; Liquor Fund $117,510.80; Utility Fund
$4,502.69; Storm Sewer Fund $6,681.39; Recycling Fund $29,618.50; TOTAL: $442,375.74.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 10:15 P.M.
City Clerk I
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