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HomeMy WebLinkAbout2002-09-03 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 3,2002 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hovland, Masica and Mayor Pro Tern Kelly. Mayor Maetzold was absent. CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by Member Hovland approving the Council Consent Agenda as presented. Rollcall: Ayes: Housh, Hovland, Masica, Kelly Motion carried. "ALWAYS REMEMBER 9-11" DAY PROCLAIMED Mayor Pro Tern Kelly suggested the City of Edina dedicate September 11, as ALWAYS REMEMBER 9-11 DAY, and as citizens we dedicate our time, talents and energy to foster a new level of understanding and awareness. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-72 A PROCLAMATION. WHEREAS, in an unprovoked and senseless act of terrorism, four civilian aircraft were hijacked on September 11, 2001, and crashed in New York City, Pennsylvania and the Pentagon;and WHEREAS, innocent U.S. citizens of all heritages as well as visiting citizens of foreign nations were killed and injured as a result of these horrific acts;and WHEREAS, while we as a union still continue to recover from the unspeakable loss of so many innocent lives, the indomitable spirit of the United States has been revitalized and given way to numerous expressions of heroism and patriotism; and WHEREAS, the threat of terrorism, destruction and senseless violence must be banished for any free society to exist;and WHEREAS, the City of Edina shares in the grief and will commemorate the one-year anniversary of the September 11 tragedies; NOW THEREFORE, BE IT RESOLVED, by the City of Edina, that we extend our deepest condolences to the innocent victims of these unprovoked actions by terrorists, as well as to their families and their friends;and be it further RESOLVED, that we salute the heroism of public safety and rescue workers, volunteers, local officials, and those who responded to these tragic events with courage, selfless compassion, determination, and skill; and be it further RESOLVED, that we dedicate September 11, 2002, ALWAYS REMEMBER 9-11 DAY, a day to mourn,reflect, and rededicate ourselves to ending terrorism in commemoration of the anniversary of the terrorist attacks; and be it further RESOLVED, that we encourage all our citizens to honor the victims of September 11 by reaffirming their commitment to sustaining our newfound patriotism through volunteerism, community involvement, and service; and be it further Page 1 Minutes/Edina City Council/September 3,2002 RESOLVED, that we as citizens dedicate our time, talents, and energy to lift one another up and foster a new level of understanding and awareness. Let us honor the memory of all those who died by being of service to one another and by building the "stronger,more perfect union" our founding fathers called for. Member Masica seconded the motion. Ayes: Housh,Hovland,Masica,Kelly Motion carried. *MINUTES OF THE REGULAR MEETING OF AUGUST 6, 2002, AND AUGUST 20, 2002, APPROVED Motion made by Member Masica and seconded by Member Hovland approving the Minutes of the Regular Meeting of the Edina City Council for August 6, 2002, and August 20,2002. Motion carried on rollcall vote-four ayes. FINDINGS PRESENTED ON PRELIMINARY PLAT APPROVAL - CRESTWOOD DEVELOPMENT - THREE LOT SUBDIVISION (6725 IROQUOIS CIRCLE) Manager Hughes noted that at the last meeting, the Council directed staff to prepare written findings, decisions, and reasons with respect to a contemplated denial of the three-lot subdivision at 6725 Iroquois Circle. Planner Larsen and Attorney Gilligan completed the draft findings and copies were submitted to the proponent and representatives of the neighborhood. No comments have been received. Mayor Pro Tern Kelly opened the public hearing for comments. Proponent comments: Tom Feehan,Crestwood Development, inquired whether he might offer an alternate proposal for the site. Mr. Kelly stated procedurally, any new proposal must be noticed for a public hearing. If there were changes to the plan, the next step would be to meet with staff and then go back to the Planning Commission. No further comments were received from the public. Council comments: Member Hovland suggested some language changes and rearranging of points between the Findings of Fact and the Reasons. Member Masica voiced concurrence with Mr. Hovland's suggestions. Member Housh commented he believes the final result was characterized appropriately, however,if staff were to make the suggested changes, the developer would be delayed again. Manager Hughes noted if the Council concurred, the Findings, Decision and Reasons could be adopted as modified and changes could be completed creating the final document. Mr. Kelly said it must be discerned what was fact and what was testimony in the document. He stated his concern was that the Findings of Fact be sustainable. Mr. Kelly inquired from Mr. Gilligan whether this would be appropriate. Mr. Gilligan suggested that modified Findings of Fact be brought back at the next regular Council meeting. Page 2 Minutes/Edina City Council/September 3,2002 Member Hovland made a motion to modify the Findings of Fact and to present the final document at the September 17,2002,meeting. Member Masica seconded the motion. Ayes: Housh, Hovland, Masica, Kelly Motion carried. *HEARING DATE SET OF SEPTEMBER 17, 2002, FOR PLANNING MATTERS Motion made by Member Masica and seconded by Member Hovland setting September 17, 2002, as hearing date for the following planning matters: 1. Zoning Ordinance Amendment - Seasonal Sale of Evergreen Products - Conditional Use in R-1 District 2. Conditional Use Permit- Edina City Hall and Police Station Motion carried on rollcall vote - four ayes. *BID AWARDED FOR FURNITURE FOR SENIOR CENTER Motion made by Member Masica and seconded by Member Hovland for award of bid for furniture for the Edina Senior Center to recommended low bidder,Commercial Furniture Service at$15,750.00 plus sales tax. Motion carried on rollcall vote -four ayes. *BID REJECTED FOR WELL HOUSE ELECTRICAL AND MECHANICAL REPLACEMENT (CONTRACT 02-09PW) AND (IMP. NO. WM-406) - WELL NO. 5, NO. 15 AND WELL NO. 18 Motion made by Member Masica and seconded by Member Hovland rejecting the bid for well house electrical and mechanical replacement (Contract 02-09PW) and (IMP. No. WM-406) for Well No. 5,Well No.15, and Well No. 18. Motion carried on rollcall vote -four ayes. WEBSITE EXTERNAL LINKS POLICY APPROVED Communications Director Wilkinson explained in the past several months, as popularity of the newly redesigned website has increased, the City has received requests to add links to several outside organizations. Seeing to limit those types of request, a policy was drafted. The City, under the policy, would not provide links to websites for businesses; churches, synagogues, or other religious or spiritual organizations; candidates for local, state or federal office; political organizations; individual homepages; or adult materials. In order for a link to be included on the website, a formal request must be completed. A final determination as to whether or not the proposed link fits the criteria would be made by City staff. The City would reserve the right to remove any link at its sole discretion and would review websites with links from the City's site at least once a year to ensure compliance. Following a brief Council discussion, Member Masica made a motion approving the Website External Links Policy for the City's website, ci.edina.mn.us as presented. Member Housh seconded the motion. Ayes: Housh, Hovland, Masica, Kelly Motion carried. Page 3 Minutes/Edina City Council/September 3,2002 *PETITION RECEIVED FOR STORM SEWER - OAK DRIVE BETWEEN 4507 LAKEVIEW DRIVE AND BETWEEN LAKEVIEW DRIVE AND 4508 OAK DRIVE Motion made by Member Masica and seconded by Member Hovland acknowledging receipt of a petition for storm sewer for Oak Drive between 4507 Lakeview Drive and between Lakeview Drive and 4508 Oak Drive and submission to the Engineering Department for processing. Motion carried on rollcall vote-four ayes. CONCERN OF RESIDENT Addie and Robert Fitzsimmons, 29 year residents at 5025 Yvonne Terrace, explained historically they have not had concerns with water in their basement until their neighbors built an addition on the terrace at 5021 Yvonne Terrace. The neighbor's contractor has destroyed their side yard, including removal of their trees and removal of their swale. Ms. Fitzsimmons sent a registered letter to the contractor requesting them to repair the damage they had done. After numerous meetings with the homeowners, the contractor, and Chief Building Official Kirchman, she thought repairs would be made. In June, the neighbor's backyard was re- graded sending all of the neighbors surface water into their backyard. The crucial part was what the contractor did on the lot line near the fence. Ms. Fitzsimmons displayed picture before and after the neighbor's construction project depicting earth displacement. She concluded with an inquiry why the City would allow this to happen. She added the City said re-grading their front yard and removing another tree root in the rear yard would help but she was suspicious of the contractor that has offered to do the work since they messed up the grading to begin with. Mayor Pro Tern Kelly noted if things happen on private property that were not in violation of the City Code, there was nothing the City can do about it. However, the homeowner can bring an action. Building Official Kirchman explained that clearly the contractor trespassed on the Fitzsimmori s property. He said he believes the property at 5021 Yvonne Terrace has been re-graded and has caused additional water to come on to the Fitzsimmons property. The swale does work, but removal of the tree root would improve the swale's ability to handle the water flow. The contractor has agreed to pay for the tree root removal, re-grade the swale, and patch the asphalt swale, all on the Fitzsimmori s property. Mr. Kirchman told the Fitzsimmori s that if they did not allow the contractor to do repairs on their property, his hands were tied. He did tell them there was a mediation service available. Mr. Kelly said there were two issues of concern, 1) the contractor has trespassed on the Fitzsimmori s property, and 2) the Building Official has negotiated with the contractor for repair of the property. He stated again that if the building addition on the adjoining property was approved under the City Code, there was little the City can do. He urged Ms. Fitzsimmori s to allow the contractor to repair their yard, to work with the Building Department and learn to live with the addition. No formal action was taken. *CONFIRMATION OF CLAIMS PAID Member Masica made a motion and Member Hovland seconded the motion approving payment of the following claims as shown in detail on the Check Register dated August 22, 2002, and consisting of 37pages: General Fund $615,593.74; Page 4 Minutes/Edina City Council/September 3,2002 CDBG Fund $5,760.00; Communications Fund $360.00; Working Capital Fund $24,400.23; Construction Fund $355,466.19; Art Center Fund $9,200.29; Golf Dome Fund ($27.56); Aquatic Center Fund $2,424.78; Golf Course Fund $23,272.71; Ice Arena Fund $5,781.19; Edinborough/Centennial Lakes Fund $5,638.08 Liquor Fund $225,821.44; Utility Fund $48,839.24; Storm Sewer Fund $941.18; Payroll Fund $355,000.00; TOTAL $1,678,471.51; and for approval of payment of claims dated August 28, 2002, and consisting of 34 pages: General Fund $325,667.44; CDBG Fund $5,220.00; Communications Fund $217.19; Working Capital Fund $72,508.37; Construction Fund $15,219.03 Art Center Fund $3,973.86; Golf Dome Fund $718.80; Aquatic Center Fund $109,726.65; Golf Course Fund $23,503.08; Ice Arena Fund $273.86; Edinborough/Centennial Lakes Fund $3,857.39; Liquor Fund $124,860.76; Utility Fund $20,134.09; Storm Sewer Fund $2,752.07;TOTAL: $708,632.59. Motion carried on rollcall vote -four ayes. RESOLUTION NO. 2002-73 APPROVED, SETTING MAXIMUM TAX LEVY Director Wallin explained the proposed tax levy of$16,171,875 if approved, becomes the maximum allowed levy and cannot be increased beyond this amount. The levy would be 1.13% higher than the 2002 levy. The expenditure budget of $22,245,119 could be increased or decreased in the budget process as long as the tax levy was not increased. The special levy for debt service of the Housing and Redevelopment Authority Public Project Revenue Bonds also becomes the maximum allowed levy for 2003 for the payment of bonds for the City Hall and Police Station projects. The special levy for debt service of equipment certificates of indebtedness becomes the maximum allowed levy for 2003 for payment of the certificates to finance $700,000 of city hall equipment over a five-year period and to finance $794,000 of general rolling stock over a two-year period. The two-year certificates would finance equipment budgeted in the past by the general fund's equipment replacement program budget. Following a brief Council discussion, Member Masica introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-73 A RESOLUTION ADOPTING PROPOSED BUDGET FOR THE CITY OF EDINA FOR YEAR 2003, AND ESTABLISHING THE PROPOSED TAX LEVY PAYABLE IN 2003 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS: Section 1: The Budget for the City of Edina for calendar year 2003, is hereby proposed as follows: TOTAL GENERAL FUND $ 22,245,119 Section 2: Estimated receipts other than General Tax Levy are hereby proposed as follows: TOTAL ESTIMATED RECEIPTS $ 6,073,244 Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount as follows: FOR GENERAL FUND $ 16,171,875 Page 5 Minutes/Edina City Council/September 3,2002 Section 4. That there is proposed to be levied upon all taxable real and personal property in the City of Edina,a tax rate sufficient to produce the amount as follows: FOR DEBT SERVICE OF THE HOUSING AND REDEVELOPMENT AUTHORITY PUBLIC PROJECT REVENUE BONDS $ 1,026,437 Section 5. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount as follows: FOR DEBT SERVICE OF CERTIFICATES OF INDEBTEDNESS $ 586,163 Approved this 3rd day of September,2002.Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Masica, Kelly Motion carried. RESOLUTION NO. 2002-74, SETTING TRUTH IN TAXATION HEARING DATES Director Wallin presented a calendar of dates available to hold the City's Truth in Taxation hearings. He recommended the Council set Monday, December 2, 2002, at 5:00 P.M. for the Truth in Taxation initial hearing and Monday, December 9, 2002, at 5:00 P.M. for the continuation hearing; and Tuesday, December 17, 2002,for the budget adoption hearing. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-74 A RESOLUTION SETTING HEARING DATES FOR TRUTH IN TAXATION HEARINGS AND BUDGET ADOPTION WHEREAS, the City of Edina is required to inform Hennepin County of its Truth in Taxation Hearing dates as well as the Budget Adoption Hearing date: NOW,THEREFORE,the City Council sets: TRUTH IN TAXATION HEARING DATES: Monday- December 2,2002 5:00 P.M. Monday- December 9,2002 5:00 P.M. BUDGET ADOPTION HEARING DATE: Tuesday- December 17,2002 7:00 P.M. Passed this 3rd day of September,2002. Member Housh seconded the motion. Ayes: Housh,Hovland, Masica, Kelly Motion carried. There being no further business on the Council Agenda, Mayor Pro Tem Kelly declared the meeting adjourned at 8:30 P.M. City Clerk Page 6