HomeMy WebLinkAbout2007-07-17 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JULY 17,2007
7:00 P.M.
ROLLCALL Answering rollcall were Members Bennett, Housh, Masica, Swenson and Mayor
Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by
Member Swenson approving the Council Consent Agenda as presented.
Rollcall:
Ayes: Bennett, Housh,Masica,Swenson, Hovland
Motion carried.
2007 IMAGES OF EDINA PHOTO CONTEST WINNERS RECOGNIZED Communications
Director Bennerotte introduced the winners of the 2007 Images of Edina Photo Contest: "Good Hair
Day" by Polly Norman for the "Doing Business" category; "Puppy Love" by Libby Pastor for the
"Raising Families" category; "Fall at Cornelia" by Barbara Nichols for the "Living" category; "Spark"
by Diane Schroeder for the "Learning" category; and "Gracie the Shutterbug" taken by 5-year old
Grace Hendrickson, for the "Judges Choice Award." Mayor Hovland presented the awards to each
recipient while their photos were displayed.
*MINUTES OF THE REGULAR MEETING OF JULY 3, 2007 AND WORK SESSION OF TUNE 19,
2007 APPROVED Motion made by Member Masica and seconded by Member Swenson approving
as presented the minutes of the Regular Meeting Of July 3, 2007, and Work Session of June 19,
2007.
Motion carried on rollcall vote - five ayes.
RESOLUTION NO. 2007-78 ADOPTED APPROVING FINAL DEVELOPMENT PLAN,
SOUTHDALE MEDICAL BUILDING OPERATING CO., 6545125 FRANCE AVENUE, BUILDING
EXPANSION Affidavits of notice were presented approved and ordered placed on file.
Planner Teague explained the applicant,SMB Operating Company requested Final Development Plan
to allow the expansion of the Southdale Medical Building located at 6545/25 France Avenue. Mr.
Teague said the proponent was present and would address the proposal with the Council. He
reported the Planning Commission recommended the City Council consider approving the requested
final development plan based on the following findings:
• The proposal would meet the required standards and ordinances for a final development plan,
and
• The parking stalls would meet the city code with the proof of parking plan.
Further, Mr. Teague the Planning Commission recommended the final development plan be subject
to the following conditions:
1. Subject to staff approval, the site must be developed and maintained in substantial
conformance with the following plans, unless modified by the conditions below:
• Site plan date stamped June 6, 2007 date changed to July 11,2007.
• Grading plan dated June 6, 2007.
• Landscaping plan date stamped June 6, 2007.
• Building elevations date stamped June 6, 2007.
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Minutes&dina City Counci my 17,200
• Proof of Parking Plan date stamped June 6,2007.
2. The property owner will be responsible for replacing any required landscaping that
dies.
3. The applicant must enter into a proof of parking agreement with the City to ensure the
necessary parking space will be provided if needed. Should parking become a
significant problem, staff will require the proof of parking stalls be constructed by
adding the addition to the parking deck, and increasing the number of compact stalls.
4. Submit a copy of the Nine Mile Creek watershed district permit. The city may require
revisions to the approved plans to meet the district's requirements.
5. All mitigation measures required by the transportation commission and by the
transportation studies must be completed by the applicant.
6. All conditions required by the City Engineer in his June 15, and June 22, 2007
memorandum.
7. The realigned access on 66th Street will be subject to Hennepin County approval.
8. The property owner would be required to pay their fair share of the cost of a traffic
signal on 65th Street,per city policy if warrants were met for installation.
Dennis Zylla, 5353 Wayzata Boulevard, Developer, introduced the development team, of Todd
Young, KKE Architects, Tom Wenz Sr., Investors Real Estate Trust and John Crawford of URS
Corporation. Mr. Zylla reviewed the proposed addition to the Southdale Medical Building using
graphic displays and narrative. Issues discussed by Council included: location where existing
contract parking customers will be sent, methodology of determining parking adequacy of site,
concern about parking adequacy with aging community, how would signage be addressed, traffic
congestion concern, potential need for a signal, location of the proposed sidewalk, whether there was
a need for a bike rack, why the traffic consultant used the ITE trip generation manual instead of an
actual count, traffic circulation on the site, the curb cut on W 66th Street, proposed building materials,
review of the proposed addition, landscaping, islands proposed in the parking lot, West 65th Street
turn lane, signage and drainage issue. Various members of the development team and city staff
answered the questions.
Public Comment
Kathryn Friedell, 6566 France Avenue, President of Point of France Homeowners, expressed concern
regarding traffic congestion,signage,landscaping and drainage.
Linda Schmitz, 6583 Barrie Road, expressed concern with traffic on Barrie Road and requested
adequate signage.
Dr. Anthony Shibley, Ob Gyn Specialists, PA, 3625 France Avenue, urged approval of the proposed
addition, stating it was needed. He indicated that during his ten years of tenancy he had not seen a
parking problem.
Member Swenson made a motion, seconded by Member Housh to close the public hearing.
Ayes: Bennett,Housh,Masica,Swenson, Hovland
Motion carried.
Member Swenson made a motion introducing and adopting Resolution No. 2007-78 approving the
Final Development Plan for Southdale Medical Operating Company for the building expansion at
6545/25 France Avenue with the following conditions:
1. Subject to staff approval,the site must be developed and maintained in substantial
conformance with the following plans,unless modified by the conditions below:
• Site plan date stamped June 6,2007 date changed to July 11,2007.
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• Grading plan dated June 6, 2007.
• Landscaping plan date stamped June 6,2007.
• Building elevations date stamped June 6,2007.
• Proof of Parking Plan date stamped June 6,2007.
2. The property owner will be responsible for replacing any required landscaping that
dies.
3. The applicant must enter into a proof of parking agreement with the City to ensure
the necessary parking space will be provided if needed. Should parking become a
significant problem, staff will require the proof of parking stalls be constructed by
adding the addition to the parking deck, and increasing the number of compact
stalls.
4. Submit a copy of the Nine Mile Creek watershed district permit. The city may
require revisions to the approved plans to meet the district's requirements.
5. All mitigation measures required by the Transportation Commission and by the
Transportation Studies must be completed by the applicant.
6. All conditions required by the City Engineer in his June 15, and June 22, 2007
memorandums.
7. The realigned access on 66th Street will be subject to Hennepin County approval.
8. Install traffic signal per city policy if warrants were met.
Member Housh seconded the motion.
Rollcall:
Ayes: Bennett, Housh,Masica,Swenson, Hovland
Motion carried.
PUBLIC HEARING FOR REQUESTED CONDITIONAL USE PERMIT & VARIANCE, CALVIN
CHRISTIAN SCHOOL 4015 INGLEWOOD AVENUE BUILDING EXPANSION CONTINUED
TO AUGUST 7, 2007 Mr. Teague explained that due to a deficiency in the mailed notices staff
recommended the Calvin Christian School public hearing be continued until August 7,2007.
Member Swenson moved to continue the hearing for the requested conditional use permit by
Calvin Christian School, 4015 Inglewood Avenue allowing a proposed building expansion until
August 7, 2007. Member Housh seconded the motion.
Ayes: Bennett, Housh,Masica,Swenson, Hovland
Motion carried.
ADOPT RESOLUTION NO. 2007-79 GRANTING VARIANCE 4548 OXFORD AVENUE Affidavits
of notice were presented approved and ordered placed on file.
Assistant Planner Aaker explained the Zoning Board of Appeals had granted a variance to the
property owners at 4548 Oxford Avenue, to allow the homeowners to construct an addition to their
home. She noted the Zoning Board approved the request on a majority vote of 2 members to 1
member. Mr. Richard Miller, 5340 Hollywood Avenue, had requested the City Council consider his
appeal of the Zoning Board's decision. Ms. Aaker explained the property currently accessed the
home from Hollywood,but after the proposed addition the property would have access from Oxford.
She added the property was a corner lot and therefore subject to two front yard setbacks. Ms. Aaker
stated the homeowners originally submitted plans that would have placed the proposed addition
much closer to Hollywood. She noted the revised plan kept the garage in-line and at the same setback
as the existing non-conforming setback of the home from Oxford Avenue and also increased the
proposed setback of the new side wall of the garage to 15 feet from Hollywood.
Dick Miller, 5340 Hollywood Road, presented his appeal of the granted variance. He pointed out the
entire home located at 4548 Oxford was built outside of the buildable area. Mr. Miller said granting
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the addition would exacerbate the existing problem. He requested the Council deny the variance. Mr.
Miller offered some renditions of what he deemed would be an acceptable addition.
David Lagerstrom, 4548 Oxford Avenue, stated as the homeowner he wanted to remodel his home
and that he had worked with the City to achieve a balance of what was reasonable. He stated his
family had been Edina residents for 14 years and they wished to update their home and stay in the
neighborhood. He urged the Council to grant the requested variance and noted he was somewhat
offended that Mr. Miller attempted to re-design his home.
Public Comment
Bob Scott, 5309 Hollywood Road, stated he had no objection to the proposed addition. Mr. Scott said
he could see the home from both Hollywood and Oxford and that he favored the plan.
Mike Carney,4544 Oxford Avenue, stated he had no objection to the proposed addition.
Elizabeth Ryan MacDonagh, 5301 Hollywood Avenue, stated she also owned a corner lot, and added
she felt the proposed addition was reasonable and in scale with the rest of the house. Ms. Ryan stated
she had no objection to the proposed addition.
Joan Donahue,4508 Oxford,state she supported the proposed addition.
Mark Thiede, 5319 Hollywood Avenue, stated he had mixed feelings and suggested that perhaps not
all options had been explored.
Member Masica made a motion, seconded by Member Housh to close the public hearing.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
Member Swenson made a motion introducing and moving approval of Resolution No. 2007-79
based upon the findings of facts presented,granting the requested setback variances of a 26.65 foot
front yard setback from Oxford Avenue and a 21.66 foot front yard/sideyard setback variance from
Hollywood Avenue. Member Housh seconded the motion.
Rollcall:
Ayes: Bennett,Housh,Masica,Swenson, Hovland
Motion carried.
RESOLUTION NO. 2007-77 APPROVING FINAL PLAT FOR PARKWOOD KNOLLS 27TH
ADDITION Mr. Teague explained the requested Final Plat was for the last portion of the Parkwood
Knolls Additions. He said they had been granted the preliminary plat of the Parkwood Knolls 26th
Additions, June 4, 2002; however, the developer had only completed a final plat for half of that
preliminary plat. Mr. Teague said the current request would create 23 lots and was the last of the
entire Parkwood Knolls development. He noted there had been no changes from the approved
preliminary plat. Mr. Teague recommended approval of Parkwood Knolls 27th Addition Final Plat
subject to: Watershed District Permits and review and approval of the grading and drainage plans by
the City Engineer prior to any building permits being issued.
Following a brief discussion, Member Masica made a motion to adopt Resolution No. 2007-77
approving the Final Plat for Parkwood Knolls 27th Addition conditioned upon Watershed District
Permits and review and approval of the grading and drainage plans by the City Engineer prior to
any building permits being issued. Member Housh seconded the motion.
Ayes: Bennett,Housh,Masica,Swenson, Hovland
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Minutes/Edina City CounciVIuly 17,2007
Motion carried.
ORDINANCE NO, 2007-14 ADOPTED AMENDING SECTION 410 THE STATE BUILDING
CODE Chief Building Official Kirchman stated the latest Minnesota State Building Code (2007 MSBC)
was adopted and became effective by the State July 10, 2007. He said local units of government were
required to adopt the MSBC by Statute. Mr. Kirchman explained the new 2007 MSBC adopted the
2006 "I-Codes" (International Building Code - IBC, International Residential Code - IRC,
International Mechanical Code -IMC and International Fuel Gas Code - IFGC) by reference. He gave
details of the revisions necessary to Edina Code Section 410 and 435.
Following discussion, Member Masica moved to adopt Ordinance No. 2007-14, amending Edina
Code Sections 410 and 435 including waiver of second reading. Member Swenson seconded the
motion.
Rollcall:
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
ORDINANCE NO 2007-15 ADOPTED AMENDING SECTIONS 185 SCHEDULE A 605,620 AND
625 REGARDING THE STATE FIRE CODE Fire Marshall Jenson stated the latest Minnesota State
Fire Code (MSFC) has been adopted by the State and became effective July 10, 2007. He added the
new MSFC adopted the 2006 International Fire Code (IFC) by reference. Mr. Jenson explained the
City's fee scheduled must be revised due to the MSFC adoption. He said construction permits would
follow the same fee schedule as building permits. Mr. Jenson said annual operational permits will
have an hourly rate with a one-hour minimum. He outlined the proposed changes to Sections 185
Schedule A, 605, 620 and 625.
Following discussion, Member Masica moved to adopt Ordinance No. 2007-15, amending Code
Sections 185 Schedule A, 605, 620 and 625 and waiving second reading. Member Bennett seconded
the motion.
Rollcall:
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion Carried.
PUBLIC COMMENT Steve Truman, 6842 Merrimac Lane, representing Sprint/Nextel, stated they
had attempted to work with City staff to install a tower to increase their coverage in the City's Kojetin
Park
Jon Carlson, 4202 Sunnyside Road, stated that he understood the majority of the neighbors opposed
the tower requested by Sprint for installation in Kojetin Park.
*BID AWARDED FOR CONTRACT NO. ENG 07-2 CONCORD AVENUE RECONSTRUCTION
AND SOUTH VIEW LANE MILL AND OVERLAY Motion made by Member Masica and
seconded by Member Swenson awarding the bid for Contract No. ENG 07-2 Concord Avenue
Reconstruction and South View Lane Mill and Overlay, Improvements Numbers BA-331, A-229,
STS-314, SS426, WM455 and L48 to recommended low bidder, Northwest Asphalt at
$1,278,422.16.
Motion carried on rollcall vote-five ayes.
*RESOLUTION NO. 2007-75 AUTHORIZING HENNEPIN COUNTY TUSTICE INTEGRATION
SUBSCRIBER AGREEMENT Motion Made by Member Masica and seconded by Member
Swenson adopting Resolution No. 2007-75 authorizing execution of an agreement with Hennepin
County allowing the City of Edina access to the Hennepin County Justice Integration System.
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Motion carried on rollcall vote -five ayes.
RESOLUTION NO. 2007-74- ACCEPTING VARIOUS DONATIONS Mayor Hovland explained in
order to comply with State Statutes, all donations to the City must be adopted by resolution and
approved by a majority of favorable votes of the Council accepting the donations.
Member Swenson introduced Resolution No. 2007-74, accepting various donations, and moved
approval. Member Housh seconded the motion.
Ayes: Bennett, Housh, Masica,Swenson, Hovland
Motion carried.
*RESOLUTION NO. 2007-76 SETTING A FEE FOR LICENSED DAY CARE INSPECTIONS
Motion Made by Member Masica and seconded by Member Swenson adopting Resolution No.
2007-76 setting a miscellaneous fee for Fire Department Inspections of licensed Day Cares at$47.00
as allowed by Minnesota Statute 245A.151.
Motion carried on rollcall vote-five ayes.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Masica and seconded by
Member Swenson approving payment of the following claims as shown in detail on the check
register dated July 2, 2007, and consisting of 35 pages: General Fund $190,550.82; CDBG Fund
$2,319.00; Communications Fund $7,311.82; Working Capital Fund $10,067.36; Construction Fund
$616.90; Art Center Fund $7,266.54; Golf Dome Fund $1,121.02; Aquatic Center Fund $16,911.91;
Golf Course Fund $58,842.05; Ice Arena Fund $11,907.14; Edinborough/Centennial Lakes Fund
$23,178.12; Liquor Fund $192,029.41; Utility Fund $55,138.10; Storm Sewer Fund $2,223.75; PSTF
Fund $12,161.64; Total $591,645.58; and for approval of payment of claims dated July 11, 2007, and
consisting of 27 pages: General Fund $125,580.68; Communications Fund $4,500.70; Working
Capital Fund $101,567.00; Construction Fund $5,664.89; Art Center Fund $441.94; Golf Dome Fund
$195.00; Aquatic Center Fund $4,577.56; Golf Course Fund $28,131.00; Ice Arena Fund $23,499.23;
Edinborough/Centennial Lakes Fund $14,741.16; Liquor Fund $152,056.12; Utility Fund $224,325.11;
Storm Sewer Fund $10,785.35 Total $696,065.74; and for June 2007 Credit Card Transactions
consisting of one page: Total $4,096.02.
Motion carried on rollcall vote -five ayes.
There being no further business on the Council agenda, Mayor Hovland declared the meeting
adjourned at 11:00 P.M.
Respectfully submitted, ff
P�
Debra A. Mangen,Oty Clerk
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