HomeMy WebLinkAbout2004-11-01 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
NOVEMBER 1,2004
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Masica and Mayor
Maetzold. Member Kelly entered the meeting at 7:18 P.M.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and
seconded by Member Hovland approving the Council Consent Agenda as presented with
the exception of Agenda Item V.B. Spray Vehicle for Braemar Golf Course.
Rollcall:
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
'MINUTES OF THE SPECIAL MEETING OF OCTOBER 19 2004 APPROVED Motion
made by Member Masica and seconded by Member Hovland, approving the Minutes of
the Special Meeting of October 19,2004.
Motion carried on rollcall vote -four ayes.
'PUBLIC HEARING CONTINUED TO NOVEMBER 16, 2004, FOR SOUND WALL
IMPROVEMENT NO. SA-7, 10 AND 11 Motion made by Member Masica and seconded
by Member Hovland approving the continuation of the public hearing for Sound Wall
Improvement No. SA-7,10 and 11 to November 16,2004.
Motion carried on rollcall vote - four ayes.
*RESOLUTION NO. 2004-98, APPROVED, AUTHORIZING SPECIAL ASSESSMENT
LEVIES FOR POND EXPANSION AGREEMENT WITH PRINCIPAL LIFE INSURANCE
COMPANY AT 3100 WEST 66TH STREET (STS-286) Motion made by Member Masica and
seconded by Member Hovland introducing the following resolution and moving
adoption:
RESOLUTION NO. 2004-98
A RESOLUTION LEVYING SPECIAL ASSESSMENT
FOR POND EXPANSION AGREEMENT
3100 WEST 66TH STREET
WHEREAS, pursuant to proper notice duly given as required by law. The Edina City
Council has met and heard and passed upon all written and oral objections to the
proposed special assessments for improvement listed below:
Pond Expansion Agreement- 3100 West 66th Street No. STS-286
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. Each special assessment as set forth in the special assessments rolls on file in the
office of the City Clerk for each aforementioned improvement is hereby accepted
and shall constitute the special assessment against the lands named therein, and
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Minutes/Edina City Council/November 1, 2004
each tract of land therein included is herein found to be benefited by the
improvement in the amount of the assessment levied against it.
2. The special assessments shall be payable in one installment in 2005, together with interest
at a rate of six and one-half percent (6 %2%) per annum, on the entire special assessment
from the date hereof to December 31, 2005.
NO. OF
NAME OF IMPROVEMENT INSTALLMENTS
Pond Expansion Agreement 1
- No. STS-286, Levy No.16170
3. The owner of any property so assessed may, at any time prior to certification of
assessment to the County Auditor, pay the whole entire amount of the assessment
on such property,to the City Treasurer.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the County. Such
assessment shall be collected and paid over in the same manner as other municipal
taxes.
Adopted this 1St day of November. 2004.
Motion carried on rollcall vote -four ayes.
*PUBLIC HEARING FOR VACATION OF PUBLIC STREET - PUKWANA LANE
CONTINUED TO NOVEMBER 16, 2004 Motion made by Member Masica and seconded
by Member Hovland to continue the public hearing for vacation of public street on
Pukwana Lane to November 16,2004.
Motion carried on rollcall vote -four ayes.
*PUBLIC HEARING FOR FINAL PLAT/FINAL REZONING - MARK TONES ADDITION
(5125 WEST 49TH STREET) CONTINUED TO NOVEMBER 16, 2004 Motion made by
Member Masica and seconded by Member Hovland to continue the public hearing for
final plat/final rezoning for the Mark Jones Addition at 5125 West 49th Street to November
16,2004.
Motion carried on rollcall vote -four ayes.
RESOLUTION NO. 2004-99 APPROVING FINAL DEVELOPMENT PLAN FOR
NATIONAL BANK BUILDING, BUILDING EXPANSION (7101 WASHINGTON
AVENUE, LOT 1, BLOCK 1) Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation By Planner
Planner Larsen said the subject site was located in the southwesterly part of Edina,fronted on
Washington Avenue, and backed up to Highway 169 and north of the interchange at Valley
View Road and Highway 169. He said it was developed with a 6,800 square foot building
that had been originally used as a bank. Mr. Larsen noted some demolition has been done
and the appropriate permits have been granted for work to the parking lot and
interior/exterior building surfaces. He added no permits have been granted for the 2500
square foot building expansion. Mr. Larsen said the proponent plans to construct an addition
to the building, to reface the entire building in brick and to redo the parking lot. Mr. Larsen
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Minutes/Edina City Council/November 1,2004
stated staff recommended approval of the proposed Final Development Plan, conditioned
upon approval of a final landscaping plan and watershed district permits by staff.
Mayor Maetzold asked why this project was before the Council when normally this type of
project was not reviewed by Council. Mr. Larsen agreed that typically remodeling of the
bank and reconfiguration of the parking lot would not require a final development plan.
However, he added that when a building was expanded in this manner, the project needed to
be reviewed by the Planning Commission and Council to assure that City Codes were being
met.
Member Masica asked what the square footage would be of the expansion and how much
would be on the first floor. Mr. Larsen noted it would be approximately 7,600 square feet,
which was the calculation used for parking calculations and that the addition was all on the
first floor with no additional basement.
Member Hovland asked if the addition posed parking concerns and if any variances were
required. Mr. Larsen said after the addition parking would be in conformance with no
variances necessary.
Paul Dahlberg, BKV Architects, 222 North 2nd Street, Minneapolis, showed a landscape
exhibit of the site. He said three trees would be removed for the addition, foundation
plantings redone and new monument plantings added.
No audience comments were heard.
Member Hovland made a motion to close the public hearing seconded by Member Housh.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
Member Housh introduced Resolution No. 2004-99 approving the Final Development Plan
for the National Bankshares, Inc. at 7101 Washington Avenue as follows:
RESOLUTION NO. 2004-99
APPROVING FINAL DEVELOPMENT PLAN
NATIONAL BANK,EDINA, MINNESOTA
BE IT RESOLVED, that the Final Development Plan for the National Bank, 7101
Washington Avenue, dated October 14, 2004, submitted by National Bancshares, Inc. and
presented to the Edina City Council, November 1,2004,is hereby approved conditioned up
staff approval of a final landscaping plan and watershed district permits after final review
of the existing conditions on the site.
Passed and adopted this 1st day of November 2004.
Member Hovland seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
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Minutes/Edina City Council/November 1,2004
'RESOLUTION NO. 2004-100 APPROVING LOT DIVISION FOR 4412 AND 4416
BROOKSIDE AVENUE (CHARLES FREEBURG) Motion made by Member Masica and
seconded by Member Hovland approving the following resolution:
RESOLUTION NO. 2004-100
A RESOLUTION APPROVING
THE LOT DIVISION FOR
4412 AND 4416 BROOKSIDE AVENUE
WHEREAS,the following described properties are at present two tracts of land:
Lots 14 and Lot 15, "BROOKSIDE TERRACE" according to the recorded plat thereof
together with the westerly 3.00 feet of Brookside Avenue,formerly Main Avenue,vacated,
as dedicated in said "BROOKSIDE TERRACE" lying between extensions easterly of the
north line of said Lot 14 and the south line of said Lot 15, Hennepin County, Minnesota.
WHEREAS,the owners have requested the following land transfer as follows:
PARCEL A:
That part of Lot 14, "BROOKSIDE TERRACE" according to the recorded plat
thereof and situate in Hennepin County, Minnesota lying north of the south
3.00 feet thereof, together with the westerly 3.00 feet of Brookside Avenue,
formerly Main Avenue, vacated, as dedicated in said "BROOKSIDE
TERRACE",lying between extensions easterly of the north line of said Lot 14
and the north line of said south 3.00 feet.
PARCEL B:
Lot 15 and the south 3.00 feet of Lot 14, "BROOKSIDE TERRACE" according
to the recorded plat thereof and situate in Hennepin County, Minnesota,
together with the westerly 3.00 feet of Brookside Avenue, formerly Main
Avenue, vacated, as dedicated in said "BROOKSIDE TERRACE", lying
between extensions easterly of the south line of said Lot 15 and the north line
of said south 3.00 feet.
WHEREAS, the requested land transfer is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations of the
City of Edina will create an unnecessary hardship and said newly created Parcels as
separate tracts of land do not interfere with the Subdivision and Zoning Regulations as
contained in the Edina City Code Sections 810 and 850.
NOW, THEREFORE, it is herby resolved by the City Council of the City of Edina
that the conveyance and ownership of the above described tracts of land (PARCEL A and
PARCEL B) as separate tracts of land are hereby approved and the requirements and
provisions of Code Sections 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land but only to the extent permitted under Code
Sections 810 and 850 subject to the limitations set out in Code Section 850 and said
Ordinances are now waived for any other purpose or as to any other provisions thereof,
and further subject, however, to the provision that no further subdivision be made of said
Parcels unless made in compliance with the pertinent Ordinances of the City of Edina.
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Minutes/Edina City Council/November 1,2004
Adopted this 1St day of November.
Motion carried on rollcall vote -four ayes.
*RESOLUTION NO. 2004-101 APPROVING LOT DIVISION FOR 4575 AND 4625 WEST
77m STREET (SEAGATE TECHNOLOGY) Member Masica introduced the following
resolution, seconded by Member Hovland and moved its approval:
RESOLUTION NO. 2004-101
APPROVING LOT DIVISION
FOR 4625 AND 4575 WEST 77rH STREET
WHEREAS,the following described properties are at present two tracts of land:
PARCEL A - TRACT A, REGISTERED LAND SURVEY NO. 1682, Hennepin
County,Minnesota; and
PARCEL B - TRACT L, M, N, and the WEST ONE-HALF OF TRACT O,
REGISTERED LAND SURVEY NO. 1050, Hennepin County, Minnesota,
INTO TRACT A AND B, RLS NO. ,Hennepin County,Minnesota
WHEREAS, the requested land transfer is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations of the
City of Edina will create an unnecessary hardship and said newly created Parcels as
separate tracts of land do not interfere with the Subdivision and Zoning Regulations as
contained in the Edina City Code Sections 810 and 850.
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the above described tracts of land (PARCEL A and
PARCEL B) as separate tracts of land are hereby approved and the requirements and
provisions of Code Sections 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land but only to the extent permitted under Code
Sections 810 and 850 subject to the limitations set out in Code Section 850 and said
Ordinances are now waived for any other purpose or as to any other provisions thereof,
and further subject, however, to the provision that no further subdivision be made of said
Parcels unless made in compliance with the pertinent Ordinances of the City of Edina.
Adopted this 1St day of November.
Motion carried on rollcall vote -four ayes.
*BID AWARDED FOR TORO REELMASTER FAIRWAY MOWER - BRAEMAR GOLF
COURSE Motion made by Member Masica and seconded by Member Hovland for award
of bid for a Toro Reelmaster Fairway Mower for Braemar Golf Course to MTI Distributing
under State Contract No.432120 at$27,321.51,including sales tax.
Motion carried on rollcall vote - four ayes.
BID REJECTED FOR GOLF COURSE SPRAY VEHICLE - BRAEMAR GOLF COURSE
Member Masica removed the award of bid for a Spray Vehicle for Braemar Golf Course from
the Consent Agenda for further information. She questioned when the bid originally went
out, were funds available for the purchase of the spray vehicle or was there anticipation
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Minutes/Edina City Council/November 1,2004
about receiving a significant portion of the vehicle donated. Mr. Keprios said a donation was
anticipated but there was no firm commitment. He said the equipment replacement budget
would not have covered the purchase and the bid may need to be rejected. Member Masica
asked why a donation was anticipated. Mr. Keprios noted that the Community Foundation
had been in contact with the Toro Company who had expressed a desire to contribute
something at the City of Edina. In actuality the Toro Company chose another project.
Member Masica made a motion rejecting the award of bid for a golf course spray vehicle
for Braemar Golf Course. Member Housh seconded the motion.
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
PET PERMIT APPLICATION DENIED - 7427 SHANNON DRIVE Chief Siitari indicated
that pursuant to Edina City Code 300.15, Subd. 1, Ms. J. Paige Harmon-Pittel, 7427 Shannon
Drive,was requesting permission to keep four dogs at her address. City Code allows no more
than three dogs at a private residence without a permit. A Notice of Public Hearing was
mailed to the 15 residences within 200 feet of the applicant's property. In order to grant Ms.
Harmon-Pittel permission to keep an extra dog, the Council must find that:
1. Keeping the extra animal will not create a nuisance,
2. Keeping the extra animal will not be detrimental to the public health and safety of
the applicant of other persons in the vicinity, and
3. The Council may impose additional conditions or restrictions on this permit, as it
deems necessary for the protection of the public interest.
Mr. Siitari noted he was recommending denial of the request because of neighborhood
response and a dog bite call received by the Police Department in August 2003. Two barking
dog complaints have been received from a neighbor in the last fourteen months. Three
written responses have been received from neighbors all against approving the keeping of
the extra dog.
Ms. Harmon-Pittel, 7427 Shannon Drive, voiced her surprise with the negative responses
received from the neighbors and respectfully asked for approval to allow a fourth dog to live
at 7427 Shannon Drive. She said her disabled sister may need to come and live with her and
she would like to bring her dog. She did not want to live in the shadow of not being in
compliance with the City Code.
Member Housh inquired whether the yard was fenced. Ms. Harmon-Pittel said the yard has
invisible fence around the whole yard and both types of fence in the back yard.
No public comments were heard.
Member Hovland made a motion to close the public hearing, seconded by Member Housh.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
Member Kelly entered the meeting at 7:18 P.M.
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Minutes/Edina City Council/November 1,2004
Member Hovland thanked Ms. Harmon-Pittel for doing this the proper way but he
recommended denial of the request.
Member Masica and Member Housh recommended denial of the request.
Member Hovland made a motion denying the application from Ms.J. Paige Harmon-Pittel
at 7427 Shannon Drive, for an additional dog because of the health/safety concerns.
Member Masica seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
COMMUNITY CENTER CAMPUS GYMNASIUMS APPROVED Member Hovland
indicated that pursuant to the Council's request, Member Housh, Manager Hughes, Park
Director Keprios, and he met October 8, 2004, with representatives of the Edina School
District for the purpose of discussing the possibility of constructing additional gymnasiums
on the Edina Community Center property. Members of the School Board in attendance were
Tim Walsh,Jeff Johnson, Doug Johnson, Ken Dragseth.
As a follow-up to the October 8t" meeting, the City drafted a memo dated October 19, 2004,
directed to the District. Summarizing the memo of issues/ideas discussed at the meeting the
City outlined preliminary thoughts concerning gyms:
• Two additional gyms would be considered - one on the south side of the Community
Center building and one on the south side of Southview Middle School.
• The preliminary cost estimate for the project would be $4.12 million.
• The City would finance the construction of the gymnasium including design,
engineering and soft costs through the issuance of lease revenue bonds. These bonds
would be repaid by way of a City tax levy.
• The District's architects would design the gyms with the City's input.
• The City would bear the costs of operating the gyms, which are estimated to be
$40,000 annually less the cost attributable to the use of the gyms by the District or
Community Education. It would be the City's intention to cover all or most of the
operating costs through user fees that would be collected through an increased rental
rate imposed by the District for all gyms.
• The City and the District would enter into a facility use agreement that would cover
community use of the new gyms and the obligation to reimburse the District for
operating costs.
Presently, the School District was considering the memo.
Member Hovland indicated the issue was before the Council as to whether to move forward.
The next step would be for Mr. Hughes to meet with the District's architects and contractors.
A conditional use permit would be required and a normal due process would need to be
followed.
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Minutes/Edina City Council/November 1,2004
Member Housh thanked the Edina School Board for meeting and being open to the proposed
project.
Mr. Hughes said a Conditional Use Permit would be heard by the Planning Commission and
the City Council would have it on their Agenda at the December 21, 2004, meeting. Financing
would parallel the Conditional Use hearing and would be financed through lease revenue
bonds. The Council would need to order a sale, receive bids and award the bids.
Attorney Gilligan said the HRA would be the issuer of the lease revenue bonds, similarly to
what was done to construct City Hall. The subject property would be under ground lease
with the School District and the HRA would lease the property to the City who would make
lease payments on the debt service to the bonds. There would also be a public call for the
bonds and a rating process. Agreements with the School District would need to be
negotiated.
Member Housh noted that a window of opportunity existed as the School District was in a
construction phase at present.
Member Masica questioned who would be in charge of the rental of the facility. Mr. Hughes
responded that the District would own and manage the facility, subject to a lease and a use
agreement with the City. They would make decisions on rentals and secure the revenues.
Member Masica asked if Community Education Services would be charged rent for the
facility. Mr. Hughes said the concept was that the School District would absorb that portion
of the operating cost that was attributable to their use. Member Masica asked if the gyms
could be self-sustaining or profitable at some point. Mr. Hughes noted that it was unlikely
that the use fees for the gyms would cover the operating costs unless fees were increased.
Member Masica asked if the joint arrangement would remain in perpetuity or have a sunset
provision. Mr. Hughes said the lease on the property would be the same length as the term of
the bonds. The use agreement would extend for a longer period. Member Masica said this
project meets a common need for the community.
Colleen Feige, Edina School Board Member, said the suggested joint venture was received
favorably by the Board. Ms. Feige stated the School Board suggested a joint public hearing of
the City and School District.
Dick Ward, 6809 Galway Drive, President of the Edina Basketball Association, serving grades
one through nine, stated his support of the project and the willingness of his group to
contribute to the operating costs of the proposed project.
Marcia Friedman, 6613 Sally Lane, President of the Edina Girls Athletic Association (EGAA),
said the Association operates three sports - volleyball, basketball, and flag football. She said
their programs were totally accessible and voiced concern that fees remain low.
Jack Field, 5418 Creek View Lane, President of the Girls' Traveling Basketball Association,
voiced one hundred percent support for the project going forward.
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Minutes/Edina City Council/November 1,2004
Rick Kruger, 6116 Ryan Avenue, said he has coached many Edina children and Edina has
great kids and this project would help keep them that way.
Mr. Hughes said the next step would be to set a public hearing, whether it was jointly held
with the School District or separately. A special meeting could be scheduled where staff
could present a pre-sale report on a pro forma for bonds and a draft facility use agreement.
Following the hearing, the next step on the bond sale could be ordered and start the CUP
process. Mr. Hughes cautioned the Council that this would not be a legal hearing as far as
zoning rules, however November 10th would be the earliest it could be published.
Member Masica asked if the neighborhood would be noticed. Mr. Hughes said they would be
noticed as part of the conditional use permit hearing.
Member Housh said timing was everything and he suggested setting the public hearing for
November 16, 2004, at 6:30, previous to the regularly scheduled Council meeting.
Member Kelly said the closer a meeting was set to the holidays, the less chance this would
work.
Following a brief discussion, Member Kelly made a motion setting November 16, 2004, at
6:30 P.M. for a joint hearing date with mailed notice to neighbors, legal notice in the Edina
Sun on November 10, 2004, information on the City's website and information on Channel
16. Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
'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 October 20, 2004, and consisting of 29 pages: General
Fund $93,090.19; CDBG Fund $6,500.00; Communications Fund $2,186.41; Working Capital
Fund $328,173.39; Construction Fund $665,197.15; Art Center Fund $7,686.59; Golf Dome
Fund $2,355.50; Aquatic Center Fund ($22.55); Golf Course Fund $15,990.05; Ice Arena Fund
$239.29; Edinborough/Centennial Lakes Fund $7,410.75; Liquor Fund $106,084.58; Utility
Fund $617,155.65; Storm Sewer Fund $110,171.95; Recycling Fund $240.00; PSTF Fund
$45.32, TOTAL $1,962,504.27; and for approval of payment of claims dated October 26,
2004, and consisting of 28 pages: General Fund $302,924.58; Communications Fund
$17,656.53; Working Capital Fund $910.62; Construction Fund $551.51; Art Center Fund
$19,527.91; Golf Dome Fund $90.00; Golf Course Fund $2,927.11; Ice Arena Fund $2,292.61;
Edinborough/Centennial Lakes Fund $1,278.26; Liquor Fund $173,049.13; Utility Fund
$17,413.74, Storm Sewer Fund$257.56; PSTF Fund $2,435.12;TOTAL $541,314.68.
Motion carried on rollcall vote -four ayes.
COMMUNICATIONS Mr. Hughes noted that the City received a letter from Sara and Chad
Krietlow, 5908 West 78th Street, requesting an exception to the moratorium on subdivisions
allowing them to subdivide their property to build two single family homes. He said the law
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Minutes/Edina City Council/November 1,2004
provides that the Council can grant exceptions but staff agrees it was not a good practice. A
task force and a consultant are in place with the goal to have the moratorium end prior to the
maximum it could run. Mr. Hughes suggested that staff write back to Mr. and Mrs. Krietlow
explaining the ongoing process.
Mr. Hughes said a letter was received from Sandra Vargas, Hennepin County
Administration, regarding the offer of dispatch services from Hennepin County. He
suggested he would respond to her and the response could be included in the next packet.
CONCERN OF RESIDENT Mark Kuck, 6609 Nordic Drive, voiced concern with what has
occurred behind his home during the renovation projects of the Edina Senior High School
and Valley View Middle School. He explained he worked in Switzerland for a time; he
bought a home in April and closed on the home in July. During the interim period, a road
was built behind his home. He phoned Chace Anderson, Assistant Superintendent of Edina
Public Schools who visited him at his home as required by the Council at their April 20, 2004,
meeting. He elaborated that the road has significant visual and audible impact on his
property.
Mr. Kuck presented the Council with a copy of a letter he sent to Chace Anderson outlining
his concerns. He asked for the City's help with remediation with landscaping or a natural
barrier to minimize the impact on his quality of life.
Mr. Hughes indicated he would pursue the matter with the School District and he further
suggested that Mr. Kuck attend the Board of Education meeting on November 15, 2004.
CANVASS OF ELECTION RESULTS MEETING SCHEDULED Mr. Hughes reminded the
Council that the canvass of election results has been scheduled for November 3, 2004, at 5:00
P.M. in the Council Chambers.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 8:15 P.M.
City Clerk
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