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HomeMy WebLinkAbout2006-12-19 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 19,2006 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hulbert, Masica, Swenson and Chair Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh and seconded by Member Hulbert approving the Council Consent Agenda as presented. Rollcall: Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. *MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 2006, SPECIAL MEETING OF DECEMBER 4, 2006, AND DECEMBER 5, 2006, APPROVED Motion made by Member Housh and seconded by Member Hulbert approving the Minutes of the Regular Meeting of December 5,2006, Special Meetings of December 4,2006, and December 5, 2006. Rollcall: Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. PRESENTATION MADE TO MEMBER ALICE HULBERT Gene Persha, 6917 Cornelia Drive, thanked and shared noteworthy incidents that Member Hulbert was involved with in her two years of service to the citizens of Edina. Mayor Hovland read a Resolution of Appreciation commending Member Hulbert for her service on the Edina City Council and the Edina Park Board and expressed thanks and appreciation for her years of dedication to the community. Motion made en masse by the Edina City Council to approve the Resolution of Appreciation presented to Member Hulbert. Ayes: en masse Motion approved. RESOLUTION NO. 2006-116 APPROVING VACATION OF SCENIC AND OPEN SPACE EASEMENT GRANTED- 7140 MARK TERRACE DRIVE Affidavits of Notice were presented, approved and ordered placed on file. Planning Director Teague reviewed the requested vacation of the 28-foot wide scenic and open space easement along the back lot lines of 7030 Valley View Road, and 7140 and 7136 Mark Terrace Drive. He explained that the proponent, Richard Loyd wished to remove an existing shed and fence, and install a wrought iron fence along his lot line within the easement area. Mr. Teague stated the easement was put into place in the early 1970's to protect the trees in the area. The easement specifically prohibited building and structures, including fences, as well as prohibiting excavation, tree removal or alteration of the natural topography. Page 1 Minutes/Edina City Council/December 19,2006 Mr. Teague said that both of the two homes primarily impacted by the easement had in the past disregarded the easement and built a shed, installed retaining walls and put down mulch. He noted that the activities took place with no complaints of adjacent property owners and no significant tree removal. Mr. Teague said after his review he felt the vacation would be reasonable since the initial purpose of the easement had been achieved with the preservation of the large trees. Secondly, removal of the existing shed and fence will visually improve the area. Richard Loyd, 7140 Mark Terrace, explained his reasons for requesting the vacation of the scenic easement and answered Council's questions regarding the proposed vacation. He said when he purchased the house he had not realized his backyard was encumbered by the scenic easement. Mr. Loyd stated he did not intend to make radical changes, but instead to remove the existing shed and fence and install a nice looking wrought iron fence. He added that he had submitted written approval from his neighbors with his request. No one appeared to make comment. Motion of Member Housh seconded by Member Swenson to close the public hearing. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. Member Housh made a motion introducing Resolution No. 2006-116 granting the requested vacation of the scenic and open space easement. Motion Hulbert seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica,Swenson,Hovland Motion carried. RESOLUTION NO. 2006-117 GRANTING APPEAL OF EDINA ZONING BOARD DECISION TO TCF NATIONAL BANK - 3330 WEST 66TH STREET Affidavits of Notice were presented, approved and ordered placed on file. Assistant PlannerAaker explained the applicant was proposing to remove 27 parking stalls from their existing parking lot, and to replace them with a three-lane drive through for the bank. In order to accomplish this, TCF would need a parking area setback variance from 20 feet to 10 feet and a parking stall variance from 73 stalls to 28 stalls. Ms. Aaker stated TCF was appealing the November 16, 2006, Edina Zoning Board of Appeals action. She explained the Board's motion to approve TCF's requested variances failed on a 2-2 vote. Ms. Aaker explained that TCF was planning to reduce the usage of the bank building located at 3330 West 661h Street. The mezzanine level would be vacated and the lower level which had previously been used for training would also be closed off. Given the changes planned she said TCF would meet the City's code for required parking stalls. She noted TCF would provide a proof of parking agreement. Ms. Aaker responded to questions of the Council including their concern over the bank building truly not using their entire building, the potential of additional traffic and whether the remaining parking would be sufficient. Mike Kraft, representing TCF Bank reviewed the proposed changes to the TCF facility's usage, the proposed location of the drive through lanes and their overall parking plan. Mr. Kraft called Page 2 Minutes/Edina City Council/December 19, 2006 upon Mike Anderson, Alliant Engineering, Minneapolis, to review the survey conducted by his firm. The proponents answered Council's questions regarding facility usage, parking load, traffic and the proof of parking agreement offered. Motion of Member Swenson seconded by Member Hulbert to close the public hearing. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Member Hulbert made a motion introducing Resolution No. 2006-117 granting the requested appeal of TCF National Bank to allow the construction of a drive-through facility in the existing parking lot at 3330 West 66th Street with the following conditions: Watershed permit, proper signatures of civil engineer, architects, etc; curb cut permit; installation of boulevard sidewalk along Barrie Road; a recorded proof of parking agreement drawn up the City between the applicant and the City of Edina limiting use of the building to the proposed bank function, to include language controlling the upper and lower occupancies and requiring removal of the drive through and re-establishment of parking areas if other use(s) occupy the building, or if the demand for bank parking increases to an intolerable level. Member Housh seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. RESOLUTION NO. 2006-118 ADOPTED GRANTING PRELIMINARY PLAT - THE SENIOR ADDITION - CASE NO. S-06-8, NORM BTORNNES, 5901 FRANCE AVENUE, FOUR LOT SUBDIVISION Affidavits of Notice were presented, approved and ordered placed on file. Mr. Teague stated Mr. Norm Bjornnes has proposed to tear down the existing single family residence and detached garage to create four new lots for single family homes at 5901 France Avenue. Two lots would access Ewing Avenue and two lots would access France Avenue. Mr. Teague said that the proposed subdivision would require a preliminary plat and four variances including: lot width variances from 75 feet to 66 feet for each lot; lot depth variance from 135 feet to 133 feet for each lot; lot area variances from 9,269 square feet to 8,794 for Lots 1 and 2; and lot area variances from 9,269 square feet to 8,791 square feet for Lots 3 and 4. He said the Planning Commission reviewed the proposed plat at their November 29, 2006, meeting and recommended approval of the requested preliminary plat and subsequent variances with conditions as follows: • The City must approve the final plat within one year of preliminary approval or receive a written application for a time extension or the preliminary approval will be void. • The following items must be submitted to the City before the City releases the final plat: • Payment of a park dedication fee, • The existing home and garage must be removed, • Submit evidence of Minnehaha Creek Watershed District approval. The City may require revisions to the preliminary plat to meet the district's requirements. • The front setback line must be established by connecting a parallel line between the adjacent houses at their closest point to the street. • The mass and scale of the new houses must be consistent with the mass and scale of the houses in the immediate area. Mr. Teague stated Mr. Bjornnes has agreed to limit the building coverage for each lot to 2,000 square feet and also to the additional setback issues, and to limiting the homes to two stories; however he was not amenable to the height issue. Page 3 Minutes/Edina City Council/December 19, 2006 Mr. Teague gave his recommendation for approval with conditions as follows: recommend that the City Council give preliminary approval to the Senior Addition, date stamped November 8, 2006, with lot area variances from 9,269 square feet to 8,794 for two lots, from 9,269 to 8,791 square feet for two lots; lot width variances from 75 feet to 66 feet for each lot; and lot depth variances from 135 feet to 133 feet for all lots. Approval would be based on the following findings: 1. Except for the variances, the proposal meets the required standards and ordinance for a preliminary plat. 2. The proposal meets the required standards for a variance,because: a. There was a unique hardship to the property caused by the existing size of the property which has not been subdivided to a size similar to other lots in the neighborhood. b. The requested variances were reasonable in the context of the immediate neighborhood. The existing lot was both larger and wider than other properties in the immediate area. The proposed subdivision would result in four properties more characteristic of the neighborhood. c. The variance would meet the intent of the ordinance because the proposed lots were of similar size to others in the neighborhood. Approval would be subject to the following conditions: 1. The City must approve the final plat within one year of preliminary approval or receive a written application for a time extension or the preliminary approval will be void. 2. The following items must be submitted to the City before the City releases the final plat: a. Payment of the City a park dedication fee, b. The existing home and garage must be removed, c. Submit evidence of Minnehaha Creek Watershed District approval. The City may require revisions to the preliminary plat to meet the district's requirements. 3. The following items must be submitted prior to issuance of a building permit: a. Lots 1 and 3 must share a driveway off France Avenue for access. b. Submit a copy of the access permits from Hennepin County to relocate the access point onto France Avenue. c. A curb-cut permit must be obtained from the Edina Engineering Department for the two lots accessing Ewing Avenue. d. A sump pump drain must be incorporated to accommodate sump pump discharges for all four lots and must be tied into the existing catch basins on France Avenue. e. Utility hook-ups were subject to review of the City Engineer. f. The front setbacks for the new homes on Ewing Avenue were established by a line drawn from the forward most portions of the two adjacent homes. g. The building footprints of the new homes may not exceed 2,000 square feet. h. The mass and scale of the new houses must be consistent with homes in the immediate neighborhood. Norman Bjornnes Jr., 5628 Chowen Avenue, stated he was the applicant for The Senior Addition. He outlined what he had done to communicate with the neighborhood. He gave his reasons for proposing the four-lot subdivision. Mr. Bjornnes explained that he would not be building on the proposed lot, but planned to sell them to a builder. He said that he had an issue with the Planning Commission's recommendation to control the front setbacks of the homes on Ewing Page 4 Minutes/Edina City Council/December 19, 2006 Avenue, limiting the building footprints to 2,000 square feet and limiting the mass and scale of the new houses. Public Comment: John Jesperson, 5912 Ewing Avenue South, referred to his December 18, 2006,letter and asked the Council to impose the conditions suggested by the Planning Commission. Craig Ostrem, 5837 Ewing Avenue South, also urged the Council to impose the recommended conditions on any development of the subject property. Tyler Nelson, 5836 Ewing Avenue South, added his support of the Planning Commission's conditions and expressed fear of houses being too large for the area. Susan Mendiola, 901 Ewing Avenue South, expressed concern over homes being built that were too large and urged the Council to impose conditions such as those recommended by the Planning Commission, Jeff Schoenwelter, 4503 Edina Boulevard, explained the difficulties of building new homes and keeping their height around 25 or 27 feet. Motion of Member Masica seconded by Member Hulbert to close the public hearing. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. The Council discussed the proposed subdivision, questioned staff and the proponent, and stated their concerns with setbacks, roof height, and the scale and mass of new homes in relation to the surrounding neighborhood. It was determined that the conditions outlined by Mr. Teague should be imposed and put into an agreement with the added condition that the houses fronting on Ewing Avenue would be limited in height to 25 feet and the France Avenue houses shall be governed by Edina's Code relative to height. Member Housh made a motion introducing Resolution No. 2006-118 granting Preliminary Plat for The Senior Addition with the aforementioned conditions. Member Hulbert seconded the motion. Rollcall: Ayes: Housh, Hulbert,Hovland Nays: Masica,Swenson Motion carried. CONCERN OF RESIDENTS Chris Rofidal, 5037 West 56th Street, commented that when he was before the Council in November for a street name change for West 56th Street, he observed that the public hearing process was flawed. He made suggestions to the process. AWARD OF BID - PUBLIC SAFETY COMPUTER SYSTEM Chief Siitari explained the Police Department issued a Request for Proposal in December 2005 to select a replacement computer system for the 1991 outdated model. Three bids were received and SunGard was the low bidder and was the current system provider. Page 5 Minutes/Edina City Council/December 19, 2006 Member Masica made a motion for award of bid for a Public Safety Computer System to recommended low bidder, SunGard HTE at$724,328.00. Member Hulbert seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *BID AWARDED - 2 TANDEM AXLE TRUCKS - STREET DEPARTMENT Motion made by Member Housh and seconded by Member Hulbert approving the award of bid for 2 tandem axle dump trucks to recommended bidder, Boyer Trucks, Inc., at $145,557.81, under State Contract#435523. Motion carried on rollcall vote -five ayes. RESOLUTION NO. 2006-115 ADOPTED GRANTING MUNICIPAL CONSENT-TH 169/1494 INTERCHANGE PROTECT Affidavits of Notice were presented, approved and ordered placed on file. Engineer Houle explained that State Statutes required the Minnesota Department of Transportation (MnDOT) to submit a Municipal Consent Package for any MnDOT project that was proposed within a municipality. He said the TH169/I-494 project would include removal of traffic signals at TH-169 and I-494, a bridge over I-494 at Washington Avenue, an underpass at TH-169 and the south frontage road and existing bridge at West Bush Lake Road. The interchange at TH-169 and Valley View Road would be improved with installation of "round about" geometrics. Mr. Houle said the project would cost (in 2006 dollars) approximately $124,000,000 and the City of Edina cost share would be approximately$2,300,000. Wayne Norris, MnDOT Area Engineer presented the final layout of the proposed interchange project and responded to Council concerns. Steve Anderson, 6720 West Trail, voiced concern with noise pollution and requested abatement by means of a sound wall. Mr. Norris said presently no noise mitigation was planned because highway capacity was not being added. Member Housh made a motion closing the public hearing seconded by Member Swenson. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. Member Housh introduced Resolution No. 2006-115 Approving Municipal Consent for Improvement of TH-169/1 494 Interchange Project. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. CITY EXTRA E-MAIL NOTIFICATION SERVICE AUTHORIZED Director Bennerotte noted that the "City Extra" e-mail notification service would allow residents and businesses to sign up to receive e-mail messages from the City on a variety of topics. Cost to establish a system would be $4,375 for up to 25 lists. The approximate annual expense would be $2,650 for licensing and hosting and would be funded with collected cable franchise fees. The service would be available in early 2007, if approved by the Council. Page 6 Minutes/Edina City Council/December 19, 2006 Member Housh made a motion authorizing "City Extra" a subscription-driven e-mail notification system for use by residents and business owners. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. UPDATE FROM BIKE EDINA TASK FORCE Steve Rusk, Chair of the Bike Edina Task Force, 5040 Hankerson Avenue, reminded the Council the Bike Edina Task Force was formed in August of 2006. He presented the mission and vision of the Task Force as well as explained the activities that have ensued since its formation. Mr. Rusk suggested that a resolution be approved encouraging the Three Rivers Park District to develop a north/south corridor, that an RFP go forward for consulting services, that the City appoint a staff liaison to the Task Force and that funding for signage and infrastructure be secured. He reiterated that biking was "big" in Edina and stated that Edina needs bike ways. Dale Woodbeck, from Three Rivers Park District, encouraged approving a resolution that would be the basis for achieving coordination of the bike way plan. Member Swenson suggested holding the Council hold a work session in the near future due to the lateness of the hour. No formal Council action was taken. *RESOLUTION NO. 2006-113 COUNCIL AGENDA REVISED Member Housh introduced Resolution No. 2006-113 revising the Council Agenda, seconded by Member Hulbert and moved approval. Motion carried on rollcall vote -five ayes. *RESOLUTION NO. 2006-116 HEARING DATE SET OF JANUARY, 2007, REQUEST FOR VACATION OF DRAINAGE AND UTILITY EASEMENT - HILLS OF BRAEMAR Member Housh introduced Resolution No. 2006-116, seconded by Member Hulbert setting a hearing date of January 16, 2007, Request for Vacation of Drainage and Utility Easement for Hills of Braemar. Motion carried on rollcall vote - five ayes. RESOLUTION NO. 2006-112 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 four favorable votes of the Council accepting the donations. Member Housh introduced Resolution No. 2006-112 and moved its adoption. Member Hulbert seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried *RATIFY EDINA SCHOOL BOARD APPOINTMENTS TO EDINA HUMAN RIGHTS AND RELATIONS COMMISSION Member Housh made a motion seconded by Member Hulbert approving the ratification of appointments to the Edina Human Relations Commission of Luis Bartolomei and Lindah Mhando for terms to 2009. Motion carried on rollcall vote - five ayes. Page 7 Minutes/Edina City Council/December 19,2006 STUDENT APPOINTMENTS MADE TO BOARDS, COMMISSIONS AND COMMITTEES Mayor Hovland indicated his intention to fill student positions on the City's Boards, Commissions and Committees. He read a list and asked for confirmation of the appointments. Member Masica made a motion approving student appointments to Boards, Commissions and Committees as presented. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. *CHANGE ORDERS APPROVED FOR GYMNASIUM CONSTRUCTION PROTECT Member Housh made a motion approving change orders to the Gymnasium project as recommended by the Joint Powers Oversight Committee and seconded by Member Hulbert as follows: 1) Arnt Construction $1,772.62, 2) Donlar Construction $15,941.00, 3) Lund Martin Construction $1,403.00, 4) Atomic Architectural Sheet Metal $2,160.00; 5) Lund Martin Construction $319.00; 6) St. Paul Linoleum $3,797.00; 7) Electrical Resource Contractors $1,626.00; 8) Electrical Resource Contractors ($823.00); 9: Lund Martin Construction $2,004.00; 10) Minuti-Ogle Company$303.00;11) Minuti-Ogle Company$795.00);TOTAL$33,466.62. Motion carried on rollcall vote -five ayes. *TRAFFIC SAFETY STAFF REVIEW OF DECEMBER 6, 2006, APPROVED Member Housh made a motion seconded by Member Hulbert approving the Traffic Safety Staff Review of December 6,2006, Section A: 1. Installation of STOP signs for both north and southbound traffic on Gleason Road at Indian Hills Pass making this an ALL-WAY STOP intersection;and Section B and C. Motion carried on rollcall vote-five ayes. *CONFIRMATION OF CLAIMS PAID Member Housh made a motion and Member Hulbert seconded the motion approving payment of the following claims as shown in detail on the Check Register dated December 6, 2006, and consisting of 32 pages: General Fund $152,512.74, CDBG Fund $4,800.00, Communications Fund$6,961.25;Working Capital Fund$74,876.59; Art Center Fund $679.40; Golf Dome Fund $1,510.49; Aquatic Center Fund $420.73; Golf Course Fund $10,600.69; Ice Arena Fund $282.43; Edinborough/Centennial Lakes Fund $19,119.91; Liquor Fund $128,845.87, Utility Fund $31,185.13; Storm Sewer Fund $5,788.24; Recycling Fund $30.08; PSTF Agency Fund $4,146.65; TOTAL $441,760.20; and for approval of payment of claims dated December 13, 2006, and consisting of 32 pages: General Fund $146,381.78; Communications Fund $4,660.85;Working Capital Fund $89,557.68; Art Center Fund $6,365.29; Golf Dome Fund $20.03; Aquatic Center Fund $184.70; Golf Course Fund $10,914.12; Ice Arena Fund $38,580.40; Edinborough/Centennial Lakes Fund $36,363.09; Liquor Fund $257,445.31; Utility Fund$25,863.02; Storm Sewer Fund$14,126.70;Recycling Fund$33,958.00; PSTF Agency Fund$10,797.31; TOTAL$675,218.28. Motion carried on rollcall vote -five ayes. RESOLUTION NO. 2006-114 - ADOPTING THE 2007 CITY OF EDINA OPERATING BUDGET AND SETTING THE 2007 TAX LEVY Mr. Hughes presented the General Fund Budget and tax capacity debt levies. The twenty years of referendum levy were set in 1996 when the GO Park and Recreation Bonds Series 1996B were issued and reset when those bonds were refunded by GO Park and Recreation Bonds Series 1005A. For both issues all levies were set by Page 8 Minutes/Edina City Council/December 19,2006 law at 105% of the corresponding annual debt service payments. The debt service fund was now sufficient to cover any foreseeable tax shortages and a portion of the 2007 levy in excess of the annual debt service payment could be canceled. Future referendum levies remain at the 105% level and would require canceling a portion of the levy on an annual basis depending on the amount needed to maintain a sufficient debt service fund. Mr. Hughes recommended adoption of Resolution No. 2006-114 approving the budget for 2007 expenditures at $28,888,666.00, the Total Tax Capacity Levy at $20,925,390.00 and the Total Market Value based Referendum Budget and Levy of$605,138.00. Member Masica made a motion to close the public hearing,seconded by member Swenson. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Member Swenson introduced Resolution No. 2006-114 adopting the 2007 City of Edina Operating Budget and Setting the 2007 Tax Levy. Member Masica seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. PUBLIC HEARING HELD CAPITAL IMPROVEMENT BONDS FINANCING RECONSTRUCTION OF TRACY AVENUE FIRE STATION Affidavits of Notice were presented, approved and ordered placed on file. Mr. Hughes indicated the Minnesota State Legislature adopted Statute 475.521 that generally exempts municipal bonds issued under a capital improvement plan from referendum requirements for general obligation bonds usually required for city halls, public works, and public safety facilities. For a municipality to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the City Council must adopt a 5-year capital improvement plan that meets certain statutory requirements, after holding a hearing on the plan and the proposed bond issue after a published notice at least 14 days but no more than 28 days prior to the date of the public hearing. The City published a notice of public hearing for capital improvement bonds in the Edina Sun Current on November 30, 2006. The bonds must be approved by the voters only if the conditions for a reverse referendum were met. If a petition signed by voters equal to at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds was received by the municipal clerk within 30 days after the public hearing, the bonds may not be issued unless approved by the voters at an election. Mr. Hughes elaborated that the modification to the five year capital improvement plan, relating to the reconstruction of the City's Fire Station #1 and detailing the statutory requirements of Section 475.521. The Capital Improvement Program process will continue with a proposed workshop focusing on the utility portion of the program in conjunction with a utility rate study from Ehlers and Associates. It was expected that the entire Capital Improvement Program will be presented for approval at the January 16, Council meeting. Following a Council exchange, Member Housh made a motion to close the public hearing, seconded by Member Swenson. Page 9 Minutes/Edina City Council/December 19, 2006 Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. HEARING DATE SET OF JANUARY 2, 2007, APPEAL OF DECISION OF EDINA HERITAGE PRESERVATION BOARD OF DECEMBER 7, 2006 Mr. Hughes noted correspondence dated December 15, 2006, was received from residents appealing the decision of the Edina Heritage Preservation Board at their meeting of December 7, 2006. Following a brief Council dialog, Member Housh made a motion setting January 2, 2007, as hearing date for the appeal of decision of the Edina Heritage Preservation Board from December 7, 2006. Member Masica seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 12:30 P.M. Respectfully submitted, G� City-Clerk Page 10