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Home My WebLink About2007-09-18 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 18,2007 7:00 P.M. ROLLCALL Answering rollcall were Members Bennett, Housh, Masica, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Swenson and seconded by Member Housh approving the Council Consent Agenda with the exception of Item VI. D. Traffic Safety Review September 6,2007. Rollcall: Ayes: Bennett, Housh,Masica,Swenson, Hovland Motion carried. *MINUTES OF THE REGULAR MEETING OF SEPTEMBER 4, 2007, APPROVED Motion made by Member Swenson and seconded by Member Housh approving as presented the minutes of the Regular Meeting of September 4, 2007. Motion carried on rollcall vote - five ayes PUBLIC HEARINGS ON SPECIAL ASSESSMENTS Affidavits of Notice were presented, approved and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as recorded on the following proposed special assessments. CRESTON HILLS NEIGHBORHOOD ROADWAY IMPROVEMENT NO. BA-332 Location: Creston Hills Neighborhood Roadway Improvement Analysis for Assessment for Roadway Improvement No. BA-332 for Creston Hills Neighborhood. Construction costs for the improvement were $1,988,300 with the City Utility Fund paying $735,500. Total special assessments were $1,293,864.51 against 136 assessable units at $9513.71 per lot for front yard assessments and$3,171.24 for side yards over a ten-year term with 5.99% interest. Public Comment Steve Cook, 6820 Oaklawn Avenue, asked questions about the ability to prepay a portion of the assessment and the method of calculating the annual payment. Staff explained the method was equal annual principal payments with decreasing interest and Mr. Cook was informed he could prepay a portion of at least twenty-five percent of his outstanding balance. Member Masica made a motion closing the public hearing seconded by Member Swenson for Roadway Improvement No. BA-332, Creston Hills Neighborhood Roadway Improvement. Ayes: Bennett, Housh,Masica,Swenson, Hovland Motion carried. Member Housh made a motion to adopt the assessment roll for Improvement No. BA-332, Creston Hills Neighborhood Roadway Improvement as presented. Member Masica seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica,Swenson, Hovland Motion carried. BEARD AVENUE AND ABBOTT AVENUE ALLEY IMPROVEMENT NO. A-223 Page 1 Minutes/Edina City Council/September 18 2007 Analysis for Assessment for Alley Improvement No. A-223 for Beard Avenue to Abbott Avenue. Construction costs for the improvement were $33,900 with the City Utility Fund paying $17,300. Total special assessments were $20,816.39 against 14 assessable units at$1,486.89 over a ten-year term with 5.99% interest. Public Comment Jeff Nicholson, 5617 Beard Avenue, stated he had a conversation with a staff member before the construction of the alley began. Mr. Nicholson said he informed the staff member of his intention to build a garage and that he would need a surmountable curb installed. Mr. Nicholson said the staff member said the city would take care of this. Mr. Nicholson reported he had to install the curb at his cost. Then, in August when the large storm came his new garage was flooded with water. Mr. Houle explained that staff members keep diaries of conversation from construction projects and he would go back and check the diary. He added the August rain event was a 100-year storm and could not be helped. It was suggested the assessment be continued until October 2, 2007 to allow staff to check on the curb issue. Member Masica made a motion closing the public hearing seconded by Member Housh for Alley Improvement No. A-223,Beard Avenue to Abbott Avenue. Ayes: Bennett,Housh,Masica,Swenson, Hovland Motion carried. Member Swenson made a motion, seconded by Member Bennett to continue action on the special assessment for Alley Improvement No. A-223 until October 2,2007. Ayes: Bennett,Housh,Masica,Swenson, Hovland Motion carried. WILLIAM AVENUE AND HANKERSON AVENUE ALLEY IMPROVEMENT NO. A-211 Location: Alley Improvement No. A-211 between William Avenue and Hankerson Avenue Analysis for Assessment for Alley Improvement No. A-211 between William Avenue and Hankerson Avenue. Construction costs for the improvement were $31,458.00. Total special assessments were $31,458.00 against 22 assessable units at$1,770.43 per assessable unit over a ten-year term with 5.99% interest. No one appeared to comment. Member Housh made a motion closing the public hearing seconded by Member Swenson for Alley Improvement No. A-211 between William Avenue and Hankerson Avenue. Ayes: Bennett,Housh,Masica,Swenson, Hovland Motion carried. Member Masica made a motion to adopt the assessment roll for Alley Improvement No. A-211 between William Avenue and Hankerson Avenue as presented. Member Swenson seconded the motion. Rollcall: Ayes: Bennett,Housh,Masica,Swenson, Hovland Motion carried. JEFFERSON AVENUE AND MADISON AVENUE ALLEY IMPROVEMENT NO. A-210 Location: Alley Improvement No. A-210 between Jefferson Avenue and Madison Avenue Page 2 Minutes/Edina City Council/September 18,2007 Analysis for Assessment for Alley Improvement No. A-210 between Jefferson Avenue and Madison Avenue. Construction costs for the improvement were $39,600.00. Total special assessments were $29,929.85 against 16 assessable units at $1,870.62 per assessable unit over a ten-year term with 5.99% interest. Don Hanson, 323 Jefferson Avenue, stated he wanted some loose blacktop remedied. He stated he had talked to a couple of people, but it had been overlooked. Mr. Houle said he would make sure it was reviewed and rectified. Member Swenson made a motion closing the public hearing seconded by Member Housh for Alley Improvement No. A-210 between Jefferson Avenue and Madison Avenue. Ayes: Bennett, Housh,Masica,Swenson, Hovland Motion carried. Member Swenson made a motion to adopt the assessment roll for Alley Improvement No. A-210 between Jefferson Avenue and Madison Avenue as presented. Member Housh seconded the motion. Rollcall: Ayes: Bennett, Housh,Masica,Swenson, Hovland Motion carried. Member Swenson made a motion, seconded by Member Housh to adopt Resolution No. 2007-96 approving the Assessment Rolls for: Improvement No. BA-332, Creston Hills Neighborhood Roadway Improvement, Alley Improvement No. A-211 between William Avenue and Hankerson Avenue, and Alley Improvement No. A-210 between Jefferson Avenue and Madison Avenue. Rollcall: Ayes: Bennett,Housh, Masica,Swenson, Hovland Motion carried. *PUBLIC HEARING DATE CONTINUED TO OCTOBER 16, 2007 Motion made by Member Swenson and seconded by Member Housh to continue the Public Hearing for 50th and France maintenance improvement No. M-07- set to continue on October 16, 2007 Motion carried on rollcall vote -five ayes. * PUBLIC HEARING DATE CONTINUED TO OCTOBER 16, 2007 Motion made by Member Swenson and seconded by Member Housh to continue the Public Hearing for Grandview Square maintenance improvement No. G-07- set to continue on October 16,2007 Motion carried on rollcall vote-five ayes. PUBLIC HEARING: AMENDMENT TO THE COMPREHENSIVE PLAN REZONING AND FINAL DEVELOPMENT PLAN, Affidavits of Notice were presented, approved and ordered placed on file. Planner Teague stated the applicant was proposing to remodel the existing duplex from a medical office and residential use to a medical office. The south half of the duplex currently houses a chiropractic office, and the north half has been rented out residentially. The proposed remodel would turn the building entirely into a medical office for Dr. Paula Schwartz, an audiologist. There would be no exterior changes to the existing structure. Mr. Teague said the request would require three actions: 1) a Comprehensive Guide Plan amendment from multiple family residential to office; 2) rezoning from R-2, Double Dwelling Unit District to POD-1, Planned Office District; and 3) Final Development Plan. Page 3 Minutes/Edina City Council/September 18,2007 Mr. Teague reported the Planning Commission unanimously approved the requested amendment to the comprehensive plan,rezoning and final development plan with the following conditions: • The site must be developed and maintained in substantial conformance with the following plans,unless modified by the conditions below: • Site plan date stamped July 26, 2007; • Building elevations/existing picture of building date stamped July 26, 2007; • The property owner is responsible for replacing any required landscaping that dies. The Council's questions included whether the property could acquire the lot to the south and then build up to a four-story office,if parking on the site was adequate,was a Metropolitan Council review required because of the needed amendment to the Guide Plan, and the traffic impact. Staff answered the questions and introduced the proponents. Dr. Joseph Costa, 6446 Xerxes Avenue, stated he had owned and operated the subject property since 1987. He added the site has been a chiropractic clinic since 1977. Dr. Costa said the audiologist clinic will be a state of the art facility that he did not think would be an overly intensive use. Dr. Paula Schwartz, 7450 France Avenue,explained she had been practicing for twenty-two years and owned her own practice for the past five years. She said she was very excited to be able to operate in a free standing medical facility of her own. Dr. Schwartz said she provided specialty audiology services to patients from all over the region. Public Comment Julie Neville, 6330 Xerxes Avenue South, expressed concern of the possible creep of office north into the neighborhood. Motion by Member Housh seconded by Member Bennett to close the public hearing. Ayes: Bennett,Housh,Masica,Swenson,Hovland Motion carried. The Council discussed memorializing their desire to maintain the residential neighborhood of the properties north of the subject property on Xerxes. They added the following language to the resolution: "The site functions more with the office uses to the south, than the duplexes to the north. The site gains access directly from Xerxes. All of the other duplexes gain access from a back alley. This site does not have access to the alley." The sense of the Council is that there shall be no more expansion of the POD, Office zoning to the north, and the driveway behind the duplexes should not be extended to serve this site. Following the discussion, Member Masica made a motion, seconded by Member Swenson to adopt Resolution No. 2007-97 approving the guide plan amendment and final development plan; and to adopt Ordinance No. 850-A-30 rezoning 6444 and 6446 Xerxes from R-2 Double Dwelling District to POD-1, Planned Office District, including waiving the second reading of Ordinance No.850-A-30 with the following conditions: • The site must be developed and maintained in substantial conformance with the following plans,unless modified by the conditions below: o Site plan date stamped July 26,2007; o Building elevations/existing picture of building date stamped July 26,2007; • The property owner is responsible for replacing any required landscaping that dies. Rollcall: Ayes: Bennett,Housh,Masica,Swenson, Hovland Motion carried. Page 4 Minutes/Edina City Council/September 18,2007 RESOLUTION NO. 2007-102 APPROVING FINAL PLAT-5000 FRANCE AVENUE-HAUGLAND PROPERTIES Mr. Teague stated the applicant was requesting final plat approval for 5000 France Avenue project approved by the City Council in May of 2003. He said a condition of the approval was to plat the property. Mr. Teague said the Council granted preliminary plat for the property February 20,2007 and that no changes were proposed from the original approved plans. Mr. Teague explained the plat will create tracts for the various uses and elevations within the project and will be similar to a townhouse plat. Member Masica on behalf of the Council thanked Gene Haugland, developer of 5000 France Avenue for the quality of the project and the fine addition to the City of Edina. Motion by Member Swenson and seconded by Member Masica to adopt Resolution No. 2007-102 approving the Final Plat for 5000 France Avenue-Haugland Properties. Ayes: Bennett,Housh,Masica,Swenson,Hovland Motion carried. RESOLUTION NO. 2007-98 ADOPTED RESCINDING FINAL PLAT TINGDALE BROOKSIDE 2ND ADDITION Motion made by Member Swenson and seconded by Member Housh to adopt Resolution No. 2007-98 rescinding the Final Plat for Tingdale Brookside 2nd addition as requested by the developer. Motion carried on rollcall vote-five ayes PUBLIC COMMENT-No one appeared for public comment. *BID AWARDED FOR THE RENOVATION OF ASPHALT PATHWAYS AT BRAEMAR GOLF COURSE-Motion made by Member Swenson and seconded by Member Housh awarding contract to the recommended low bidder Southwest Paving, Inc. in the amount of $16,099.00 for the installation and renovation of the cart path from the #11 green to the #12 and#13 golf tees. Motion carried on rollcall vote-five ayes *BID AWARDED FOR THE RENOVATION OF THE PICNIC SHELTER AT CHOWEN PARK Motion made by Member Swenson and seconded by Member Housh awarding contract to the recommended low bidder Blue Valley Builders,Inc. in the amount of$35,620.00 for the purchase of material and labor to refurbish and modify the existing Chowen Park picnic shelter in accordance with specifications. Motion carried on rollcall vote-five ayes *SPECIAL ASSESMENTS HEARING DATE SET FOR OCTOBER 16, 2007 Motion made by Member Swenson and seconded by Member Housh setting special assessments hearing date for October 16, 2007 regarding Aquatic Weed Improvement No. AQ-07, Weed Mowing Improvement WD-07,Tree Removal Improvement TR-07 and Fencing Repair Improvement FR-07. Motion carried on rollcall vote-five ayes RESOLUTION NO. 2007-100 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 Bennett introduced Resolution No. 2007-100, accepting various donations, and moved approval. Member Swenson seconded the motion. Ayes: Bennett,Housh,Masica,Swenson, Hovland Motion carried. Page 5 Minutes/Edina City Council/September 18,2007 *HEARING DATE SET FOR OCTOBER 2, 2007 FOR A TEMPORARY LIQOUR LICENSE Motion made by Member Swenson and seconded by Member Housh requesting a temporary liquor license for the Edina Foundation on November 3,2007. Motion carried on rollcall vote-five ayes TRAFFIC SAFETY STAFF REVIEW SEPTEMBER 6 2007 Member Swenson asked about the improvements that triggered the staff request for the STOP sign planned at Benton Avenue and Normandale Road (east side of the Benton Bridge). Mr. Houle used a graphic to demonstrate the proposed striping intended to better manage travel over the bridge and through the intersection. Member Swenson made a motion, seconded by Member Bennett to adopt the Traffic Safety Staff Review of September 6,2007 as presented. Ayes: Bennett, Housh, Masica,Swenson, Hovland Motion carried. * HEARING DATE SET FOR OCTOBER 16, 2007-CERTIFICATION OF DELINQUENT UTILITY BILLS Motion made by Member Swenson and seconded by Member Housh to adopt Resolution No. 2007-101 setting a hearing date of October 16, 2007 for consideration of the certification of delinquent utilities. Motion carried on rollcall vote -five ayes *CONFIRMATION OF CLAIMS PAID Motion made by Member Swenson and seconded by Member Housh approving payment of the following claims as shown in detail on the check register dated September 5, 2007, and consisting of 30 pages: General Fund $126,177.76; CDBG Fund $27,674.00; Communications Fund $8,497.37, City Hall Debt Service $1,000.00; Working Capital Fund$25,645.78; Art Center Fund$7,526.95; Golf Dome Fund$869.73; Aquatic Center Fund $6,631.09; Golf Course Fund $18,115.84; Ice Arena Fund $3,655.97; Edinborough/Centennial Lakes Fund $11,211.23; Liquor Fund $111,413.16; Utility Fund $22,909.71; Storm Sewer Fund $9,321.00; PSTF Fund $2,647.44;Total $383,297.03; and for approval of payment of claims dated September 12, 2007, and consisting of 29 pages: General Fund $144,636.46; CDBG Fund $48.00, Communications Fund $142.69; Working Capital Fund $77,893.94; Art Center Fund $75.93; Aquatic Center Fund $3,739.92; Golf Course Fund $18,294.02; Ice Arena Fund $24,135.23; Edinborough/Centennial Lakes Fund $5,754.57; Liquor Fund $164,061.17; Utility Fund $413,108.57; Storm Sewer Fund $2,295.68; Recycling Fund $33,958.00; PSTF Agency Fund $1,119.10; Total $889,263.28; and for August 2007 Credit Card Transactions consisting of one page: Total$3,303.09. Motion carried on rollcall vote-five ayes There being no further business on the Council agenda, Mayor Hovland declared the meeting adjourned at 8:30 P.M. Respectfully submitted, J, Nn 4��4 Debra A. Mangen, Uty Clerk Page 6