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HomeMy WebLinkAbout2003-04-15 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 15,2003 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Masica and Mayor Maetzold. Member Kelly entered the meeting at 7:10 P.M. CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh and seconded by Member Masica approving the Council Consent Agenda as presented. Rollcall: Ayes: Housh, Kelly, Masica, Maetzold Motion carried. RESOLUTION NO. 2003-37 PROCLAIMING ARBOR DAY IN EDINA Mayor Maetzold proclaimed April 25, 2003, as Arbor Day in the City of Edina and called upon the spirited and foresighted citizens of Edina to plant trees now for our pleasure and for that of future generations. Member Masica introduced the following proclamation and moved its adoption: PROCLAMATION ARBOR DAY April 25, 2003 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day,was first observed with the planting of more than a million trees in Nebraska,and WHEREAS, 2003 is the 131St anniversary of the holiday and Arbor Day is now observed throughout the nation and the world,and WHEREAS, trees are a most valuable resource, purifying our air, helping conserve our soil and energy, serving as a recreational setting, providing a habitat for wildlife of all kinds, and enriching our lives in other important ways;and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife,and WHEREAS, disease, insects and pollution have damaged and continue to threaten our trees, creating the need for tree care and tree planting programs and fostering greater public concern for the future of our urban forest;and WHEREAS, Edina is proud of the beautiful shade trees which grace our homes and public places; and WHEREAS, Edina has been recognized for the past ten years as a Tree City USA by The National Arbor Day Foundation and desires to continue the planting of trees for its future, NOW, THEREFORE, I, Dennis F. Maetzold, Mayor of Edina, do hereby proclaim April 25, 2003, to be Arbor Day and call upon the spirited and foresighted citizens of Edina to plant trees now for our pleasure and that of future generations. Dated this 151h day of April 2003. Member Housh seconded the motion. Page 1 Minutes/Edina City Council/April 15,2003 Ayes: Housh, Masica,Maetzold. Motion carried. *MINUTES OF THE REGULAR MEETING OF April 1, 2003, AND SPECIAL COUNCIL MEETING FOR APRIL 5, 2003, APPROVED Motion made by Member Housh and seconded by Member Masica, approving the Minutes of the Regular Meeting of the Edina City Council for April 1,2003,and Special Council Meeting for April 5,2003. Motion carried on rollcall vote -four ayes. RESOLUTION NO. 2003-34 APPROVING ROADWAY IMPROVEMENT A-194 FOR MAPLE ROAD TO WHITE OAKS Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Engineer Engineer Houle explained the proposed project was partially petitioned (residents of 4800 block of Maple Road in 2000 asking for curb and gutter) but mainly a staff initiated project. Mr. Houle said the project would consist of the reconstruction or reclamation of the following streets: West 48th and 49th Streets from Maple Road to France Avenue, Maple Road from West 481h to West 5011, Streets; Townes Road between 4811, & 49th Streets, and Meadow Road. In addition, concrete curb and gutter would be added along Maple Road with curb and gutter being improved throughout the entire neighborhood project. All trees adjacent to the project would be protected. Decorative style streetlights would be installed and all City utility concerns as well as drainage issues would be addressed. He estimated the project cost at $794,000, with funding coming from a special assessment of approximately $5,500 per residential equivalent unit. Mr. Houle explained that properties receiving new curb and gutter would incur an additional $2,400 assessment bringing their total to approximately $8,000 per residential equivalent unit. He concluded that staff had analyzed the project and felt it was feasible from an engineering standpoint. Public Comment Mike Stolee, 4824 Maple Road, stated he was totally in favor of the project. Mr. Stolee said he had three points: 1) he was strongly in favor of additional lighting since at his previous residence he was burglarized, partly because of inadequate lighting; 2) Maple Road carries a tremendous amount of cut-through traffic and for this reason the City should participate in the cost of the project; and 3) request that some traffic calming be installed at the time of the project's construction. Roberta Castellano, 4854 France Avenue South, asked what were the final survey results regarding additional lighting. Mr. Houle replied 37 out of 63 supported decorative lighting. Ms. Castellano stated she supported the roadway improvement, but requested that any decision about lighting be delayed to allow time for further research. She expressed her concern about light spill and its negative effect on the neighborhood. Ms. Castellano showed pictures of lights throwing off glare along an entire roadway in Minneapolis. Mr. Houle said he was in the process of gathering more neighborhood feedback into the type of decorative lighting desired before installing the full cut off light style he had discussed with Ms. Castellano. Page 2 Minutes/Edina City Council/April 15,2003 Armond Halwig, 4012 West 481h Street, stated he supported the project as a whole, but expressed concern regarding the placement of the lights so they do not shine into his home. David Stein, 3938 West 491h Street, stated he was the owner of a homesteaded duplex. Mr. Stein agreed the streets were needed, but he questioned the proposed "area" assessment. He did not agree that his property should be assessed two full units, when apartments were calculated at a lesser rate. He asked why a linear foot formula was not being used. Barbara Halwig, 4012 West 48th Street, expressed her concern over the type of lighting being proposed. She wanted quality lighting that was effective,but not glaring into homes. David Nyvall, 3932 West 491h Street, asked if the improvement was really necessary and how long was the proposed term for payment of the special assessment. Mayor Maetzold explained that there was a program for deferment of special assessment for seniors. Manager Hughes added that information was available from the Assessing Department with the qualifications. Roberta Castellano, 4854 France Avenue South, asked if the Edina Police did security audits when citizens requested them. She also asked who would make the decision regarding installing new driveway aprons. Mr. Houle explained that after the bid for the project was awarded he planned on holding an informational meeting to explain all the procedures for things such as driveway aprons, etc. Member Housh made a motion seconded by Member Kelly to close the public hearing. Ayes: Housh, Kelly, Masica, Maetzold Motion carried. Member Housh stated he appreciated the request for the traffic calming measures to be installed at the same time the roadways were reconstructed. Mr. Houle noted it was intended to utilize any traffic calming authorized by the City for this project. Mayor Maetzold noted the utility work proposed for the project would be paid by the City's Utility Fund. Member Kelly introduced Resolution No. 2003-34 and moved its adoption: RESOLUTION NO. 2003-34 ORDERING NEIGHBORHOOD ROADWAY IMPROVEMENTS MAPLE ROAD TO WHITE OAKS IMPROVEMENT NO. A-194 WHEREAS, the Edina City Council on the 181h day of March 2003, fixed a date for a Council hearing on the proposed street reconstruction, Improvement Nos. A-194; and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 15th day of April 2003, for Improvement Nos. A-194 reconstructing or reclaiming neighborhood streets from Maple Road to White Oaks at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may Page 3 Minutes/Edina City Council/April 15,2003 be necessary in eminent domain for the acquisition of necessary easements and rights hereby designated and shall be referred to in all subsequent proceedings as Improvement Nos. A-194 reconstructing or reclaiming neighborhood streets from Maple Road to White Oaks BE IT FURTHER RESOLVED that Improvement Nos. A-194 reconstructing or reclaiming neighborhood streets from Maple Road to White Oaks is hereby ordered as proposed. BE IT FURTHER RESOLVED that the City Engineer is hereby designated as the engineer for this improvement. The engineer shall cause plans and specifications to be prepared for the making of such improvement. Passed and adopted this 15th day of April 2003. Member Masica seconded the motion. Rollcall: Ayes: Housh, Kelly, Masica, Maetzold Motion carried. ORDINANCE NO. 850-A24 GIVEN FIRST READING GRANTING PRELIMINARY APPROVAL TO REZONING PLANNED COMMERCIAL DISTRICT FROM PLANNED OFFICE DISTRICT FOR MADISON MARQUETTE (3100 WEST 66TH STREETS Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen stated the City has received a request for rezoning and redevelopment of 3100 West 66th Street. Mr. Larsen explained Madison Marquette owns the Southdale Square Shopping Center and has a purchase agreement to acquire the former M&I Bank Building. Madison Marquette has requested a vacation of right-of-way of all entities with jurisdiction over the street, (Edina, Hennepin County and Richfield). Upon receiving the necessary approval, Madison Marquette intends to construct a new 17,900 square foot retail building oriented so that it could share parking with the existing Southdale Square Shopping Center. Mr. Larsen said the only variance needed by the proposed redevelopment would be for a 6.5-foot set back variance from West 66a'Street. He noted the proposal provided the necessary parking spaces for a building of that size. Mr. Larsen reviewed the proposed site plan for the new building and showed the layout for ingress and egress, noting the southerly curb cut had been converted from two-way to one-way outbound. He reported the Planning Commission recommended Council consider granting Preliminary Rezoning subject to: Final Rezoning; Street Vacation by Edina, Hennepin County and Richfield;Watershed District Permits; and Hennepin County Curb Cuts. Member Kelly asked if Richfield was in support of the project. Mr. Larsen replied to his knowledge there were in support of the project. Member Masica asked what portion of the project was in Richfield, what the preliminary rezoning approval would enable the proponent to do; and was using this parcel for another strip mall the highest and best use of the property. Mr. Larsen showed, using a map, the portion of the roadway to be vacated located within Edina. He explained that the preliminary approval would allow the owner to move forward and finalize their design. Finally, Mr. Larsen stated the subject property was a very difficult site and having the owner of the adjacent property as the developer Page 4 Minutes/Edina City Council/April 15,2003 in his opinion was very good. Incorporating the use of the property together improved the overall operation and was a very good way to redevelop the property. Owner Comment Lee Hoffman, Madison Marquette, said the proposed new building and redesign of the existing shopping center was the result of a group design to address many issues including traffic and parking at Southdale Square. Mr. Hoffman said the center was currently 100 per cent leased. He noted that there will be design modifications between now and final rezoning approval. Member Masica asked what type of tenancy was proposed for the new retail space and also what exterior materials were proposed. Mr. Hoffman said that probably six larger upscale tenants not currently housed in Southdale such as a jewelry store and clothing stores. Member Kelly asked if it was the intent to maintain the two outlots and Member Housh asked about the exterior of the proposed new retail building. Mr. Ted David, Architectural Alliance, replied it was the intent to maintain the outlots. He said the building facade would be broken into individual masses using a variety of materials to add interest such as brick with stone accents on the ends. The middle of the building would be stucco and each store would have individual metal awnings. Member Housh made a motion, seconded by Member Masica closing the public hearing. Ayes: Housh, Kelly, Masica, Maetzold Motion carried. Member Housh made a motion granting First Reading to Ordinance No. 850-A24 rezoning the property located at 3100 West 66th Street from Planned Office (POD) to Planned Commercial (PCD-2) adoption subject to: 1) Final Rezoning;2) Street Vacation;3) Richfield City Approvals; 4) Watershed District Permits; and 4) Hennepin County Curb Cuts. Member Kelly seconded the motion. Ayes: Housh, Kelly, Masica, Maetzold Motion carried. RESOLUTION NO. 2003-36 APPROVING PRELIMINARY PLAT FOR SALVADOR MENDOZA (5117 RIDGE ROAD) Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen stated the subject property was 340 feet wide and 334 feet deep with a total lot area of 2.61 acres. He said the property was developed with a single family dwelling on the northerly portion of the lot. Primary lot features include steep slopes and wetlands. Mr. Larsen explained there were large areas of wetlands in the northeasterly and southeasterly portions of the lot. The proposed subdivision would create one new lot having an area of 45,420 square feet and leaving the existing home on a lot of 68,495 square feet. Mr. Larsen reviewed the 500-Foot Neighborhood lot dimension data as follows: 500-FOOT NEIGHBORHOOD Lot Width Lot Depth Lot Area 134 feet 178 feet 21,252 SF Page 5 Minutes/Edina City Council/April 15,2003 PROPOSED LOTS Lot Width Lot Depth Lot Area Lot One 204 feet 334 feet 68,495 SF Lot Two 136 feet 334 feet 45,420 SF Mr. Larsen noted that both proposed lots exceed ordinance standards for lot dimensions and size. The new lot can be developed without impacting the wetland areas, and with minor disturbance to the site. He concluded that the Planning Commission recommended the Council consider granting preliminary plat approval of the proposed subdivision subject to Final Plat approval and subdivision dedication. Member Housh asked if the proposed lot were compared to other lots in the area would there be enough buildable area to adequately build a home matching the character of the neighborhood. Mr. Larsen replied there would be plenty of room for an appropriate home on the proposed new lot. Owner Comment Dr. Robert Haselow, 6408 Interlachen Boulevard, stated he owned the subject property and it was intended for his daughter who would be moving into Edina in the near future. He said that he and his wife lived about six blocks from the property and they were very excited about being able to complete the project and have their daughter and her family in Edina. No public comment was heard. Member Masica made a motion to close the public hearing,seconded by Member Housh. Ayes: Housh, Kelly,Masica, Maetzold Motion carried. Member Masica introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-36 GRANTING PRELIMINARY PLAT APPROVAL TO MENDOZA ESTATES 5117 RIDGE ROAD BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, "MENDOZA ESTATES", platted by Salvador Mendoza, and presented at the regular meeting of the City Council on April 15, 2003, be and is hereby granted preliminary plat approval conditioned upon Subdivision Dedication and Final Plat approval. Member Housh seconded the motion Rollcall: Ayes: Housh, Kelly,Masica, Maetzold Motion carried. AWARD OF BID FOR CONTRACT 034 PUBLIC WORKS kW 400 PORTABLE GENERATOR Engineer Houle explained the purchase of a 400 kW portable generator for use by the Utility Department would typically be used at water treatment plant No. 4 for emergency power. The Engineer's estimate for the generator in the Capital Improvement Plan had been $75,000. The Page 6 Minutes/Edina City Council/April 15,2003 increase in cost was due to an increase in required generator size, addition of electric brakes for the trailer and a sound attenuating kit. Mr. Houle said he believed re-bidding the generator would not reduce the cost. Member Masica asked if the generator would sit outside and if the trailer was part of the cost. Mr. Houle said yes, that the generator would sit outside and the trailer was included. Ms. Masica asked how many days the generator would be used during peak demand periods. Mr. Houle said it would be used on days when the temperature reaches 90 degrees or above. Ms. Masica asked if the attenuating kit was important. Mr. Houle said yes, there were residences near treatment plant No. 4 necessitating the kit. Member Masica made a motion for award of bid for Contract 03-4, Public Works kW 400 Portable Generator to recommended low bidder,Ziegler Power Systems, at$83,930.00. Member Housh seconded the motion. Ayes: Housh, Kelly, Masica, Maetzold Motion carried. *BID AWARDED FOR CONTRACT NO. 03-3 (ENGINEERING) WILLSON ROAD COMMUNICATION CONDUIT IMPROVEMENT NO. FO-01 Motion made by Member Housh and seconded by Member Masica for award of bid for Willson Road Communication Conduit, Improvement No. FO-001, Contract No. 03-3 (Engineering) to recommended low bidder, Castrejon, Inc., at$55,480.00. Motion carried on rollcall vote -four ayes. *BID AWARDED FOR EPDXY FLOORING FOR GARAGE FOR CITY HALL/ POLICE FACILITY Motion made by Member Housh and seconded by Member Masica for award of bid for epoxy flooring for the garage for City Hall/Police Facility to recommended low bidder, Pro Maintenance, Inc., at $47,495.00, and for award of bid for site concrete to recommended low bidder, Curb Masters at$70,068.00. Motion carried on rollcall vote -four ayes. *TRAFFIC SAFETY STAFF REVIEW OF APRIL 7, 2003, APPROVED Motion made by Member Housh and seconded by Member Masica approving the Traffic Safety Staff Review for April 7, 2003, Section A as follows: • Request Hennepin County to install NO PARKING ANYTIME signs for southbound France Avenue from the southwest corner of West 51St Street to the presently installed signs 90 feet south at 5100 France Avenue; Section B., and C. Motion carried on rollcall vote - four ayes. 50TH & FRANCE BUSINESS ASSOCIATION SPECIAL PERMIT FOR USE OF CITY PROPERTY (CONTINUED FROM APRIL 1, 2003) Chief Siitari reminded the Council that the 501h & France Association had been granted a temporary on-sale intoxicating liquor license to sell beer and wine at the 501h & France Art Fair on May 30 - June 1, 2003. In conjunction with the request, the Association also applied for a Special Permit to use the Edina 5-0 Municipal Parking Lot as the location for the licensed premises. Signage, barricade materials, security and capacity of the planned site were concerns the Council had requested addressed before the Special Permit would be granted. Page 7 Minutes/Edina City CounciVARril 15,2003 Mr. Siitari explained that according to the Associations submittals private security would be checking ID's at the entrance and stamping the patrons' hands for verification at the point of sale. Additionally, two licensed Edina Police Officers will monitor the beer garden for compliance. He noted the original estimated capacity of the planned site was 250 persons, however, the Edina Fire Marshal reduced the capacity of the site after reviewing the proposed site. Mr. Siitari said the Association has proposed three types of fencing used for barricading the site to separate the beer garden from other vendors, to control access, and to limit the passing of alcohol outside the sales area. Mr. Siitari stated that the Association preferred the three-foot high picket fence. He reported that he did not see a problem with the preferred choice of fencing since the control area would be relatively small, two officers should be able to maintain the perimeter,and the typical clientele of the Art Fair was pretty stable. Mr. Siitari noted the Association has removed their request for advertising pennants for the beer garden and they will be replaced with table cards. Advertising signs would be on the beer tent and the beer truck. He recommended the Special Permit for use of City property be approved. Member Masica inquired how fencing would be secured. Colleen Jones, 501h & France Association, explained the fencing was a white, stand-alone fence. Member Masica asked if the Association presently has a beer sponsor. Ms. Jones answered no, not at this time. She explained the distributor the Association thought would be involved backed out because of the stringent criteria for licensing however, she believed there were a couple of other distributors still interested. Member Housh asked if the tent would typically have signage. Ms. Jones said typically signage included beer prices and responsible drinking language. Member Housh made a motion approving the 50th & France Business Association's application for a Special Permit for the use of City property in conjunction with a Temporary Liquor License,as presented. Member Masica seconded the motion. Ayes: Housh, Kelly, Masica,Maetzold Motion carried. APPOINTMENT MADE TO COMMUNITY HEALTH COMMITTEE, HUMAN RELATIONS COMMISSION, RECYCLING & SOLID WASTE COMMISSION AND ZONING BOARD OF APPEALS Mayor Maetzold informed the Council of his intention to fill vacancies on Boards, Commissions and Committees as follows: Edina Community Health Committee Debbie Cook- two year term ending February 1, 2005 Edina Human Relations Commission Melvin Ogurak- two year term filling unexpired term to February 1, 2005 Recycling and Sold Waste Commission Tim Brownell- one year term filling unexpired term to February 1,2004 Zoning Board of Appeals Michael Fischer- two year term filling unexpired term to February 1, 2005 Member Housh made a motion approving Mayor Maetzold's Board, Commission and Committee recommendations. Member Kelly seconded the motion. Page 8 Minutes/Edina City Council/April 15,2003 Ayes: Housh, Kelly, Masica, Maetzold Motion carried. *AUTHORIZE CONTRACT TRANSFERRING EMS DATA FROM HENNEPIN COUNTY COMMUNITY HEALTH TO THE EMS REGIONAL BOARD (EMSRB) Motion made by Member Housh and seconded by Member Masica authorizing execution of the agreement between the City of Edina Fire Department and Hennepin County Community Health Department to transfer EMS data from Hennepin County Community Health to the EMS Regional Board (EMSRB). Motion carried on rollcall vote - four ayes. *CONFIRMATION OF CLAIMS PAID Member Housh made a motion and Member Masica seconded the motion approving payment of the following claims as shown in detail on the Check Register dated April 3, 2003, and consisting of 32 pages: General Fund $354,349.09; CDBG Fund $40.00; Communications Fund $7,184.45; Working Capital Fund $103,190.68; Construction Fund $22,000.00 Art Center Fund $909.47; Golf Dome Fund $1,187.46; Aquatic Center Fund $1,064.00; Golf Course Fund $36,668.57; Ice Arena Fund $743.44; Edinborough/Centennial Lakes Fund $2,622.93; Liquor Fund $147,057.05; Utility Fund $67,230.79; Storm Sewer Fund $1,409.25; Payroll Fund $465,000.00; TOTAL $1,210,657.18; and for approval of payment of claims dated April 10, 2003, and consisting of 32 pages: General Fund $103,295.69; Communications Fund $5,119.26; Working Capital Fund $13,371.47; Art Center Fund $9,625.12; Golf Dome Fund $8,590.74; Aquatic Center Fund $136.00; Golf Course Fund $42,358.47; Ice Arena Fund $9,615.33; Edinborough/Centennial Lakes Fund $10,893.60; Liquor Fund $153,669.51; Utility Fund $31,512.14; Storm Sewer Fund$9,477.21; Recycling Fund $31,218.70;TOTAL $428,883.24. Motion carried on rollcall vote -four ayes. DESIGNATION AND RESERVE OF FUND BALANCE REPORT PRESENTED Mr. Hughes presented a report of the reserved and designated fund balances for year ending December 31, 2002. He explained all of the reserved or designated balances previously set-up by the City Council can be eliminated, added to, or moved. Council consensus was to approve Mr. Hughes' recommendations for designations and reserves of the fund balance for the fiscal year ended December 21, 2002, as follows: • Reserve for Commitments - $68,000 reduction to fund the General Election, $900,000 reduction for reserve for City Hall/Police building and $595,551 for unspent equipment replacement budget • Reserve for General Fund Operations - $109,068. This was recommended in anticipation of state aid reductions in 2003-2004. • Liquor Fund Transfer - recommendation that budgeted liquor contribution of$525,000 not be transferred to the General Fund rather transfer the amount to the Revolving Fund to support the CIP program. The City's budgeted revenues for 2003 were $21.1 million. Actual revenue exceeded the budget by approximately $1.0 million. The additional revenue primarily came from taxes, building permits, intergovernmental, fees and charges and other revenues. Page 9 Minutes/Edina City Council/April 15,2003 Budgeted expenditures for 2002 were $21.7 million. The 2002 budget included personal services including salaries, overtime and benefits were under-budget by $133,000. Contractual services ended under-budget by $339,000 due to decreased heat, light and power costs. Mr. Hughes noted that commodities also were $17,000 under-budget for 2002 for lumber and fixtures. The only budgeted expenditure that ended over-budget was central services public general at $138,000 which was due to a large workers compensation adjustment. Member Masica made a motion approving the designation and reserve of fund balance as outlined in the memorandum and presented. Member Maetzold seconded the motion. Ayes: Housh, Kelly,Masica, Maetzold Motion carried. COMMUNICATIONS AND PETITIONS Mr. Hughes informed the Council he received a letter from Robert Roster, with respect to the property at 4416 Valley View Road, which the City acquired last May. In the terms of the agreement, the property has been leased back to Mr. Roster for a period of twelve months allowing him to operate the station. An additional month was allowed at the end of the twelve months for Mr. Roster to move personal property from 4416 Valley View Road. Mr. Roster's letter requested a four-month extension for him to secure another site from which to operate. Mr. Hughes said he believed this request should be denied because ample time has been allowed for this to happen and terms of the lease should be enforced. Council consensus was to deny the request. Mr. Hughes was directed to respond appropriately. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 9:15 P.M. '`&J,uA" GO Clerk Page 10