HomeMy WebLinkAbout2012-09-19 Reg Mtng MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
SEPTEMBER 19, 2012
7:00 P.M.
1. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:06 p.m.
11. ROLLCALL
Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland.
111. MEETING AGENDA APPROVED
Member Brindle made a motion,seconded by Member Sprague,approving the meeting agenda.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA ADOPTED
Member Brindle made a motion, seconded by Member Bennett approving the consent agenda as
revised to remove Item W.A.,work session meeting minutes of September 4, 2012,as follows:
IV.A. Approve regular and wank-seaman meeting minutes of September 4,2012.
IV.B. Receive payment of the following claims as shown in detail on the Check Register dated
September 6, 2012, and consisting of 23 pages; General Fund $142,243.83; Police Special
Revenue $1,050.00; Working Capital Fund $35,181.06; Art Center Fund $4,110.57; Golf Dome
Fund $279.46; Aquatic Center Fund $2,949.23; Golf Course Fund $15,372.94; Ice Arena Fund
$93.00; Edinborough Park Fund $6,708.15; Centennial Lakes Park Fund $2,179.03; Liquor Fund
$145,853.53; Utility Fund$60,905.37; Storm Sewer Fund$9,548.54; PSTF Agency Fund $4,652.56;
Payroll Fund $3,457.89; TOTAL $434.585.16 and for approval of payment of claims dated
September 13, 2012, and consisting of 30 pages; General Fund $115,609.34; CDBG Fund
$15,509.00; Working Capital Fund $93,067.92; Equipment Replacement Fund $35,462.29; Art
Center Fund $3,095.90; Golf Dome Fund $3,000.00; Aquatic Center Fund $11,655.40; Golf Course
Fund $21,796.86; Ice Arena Fund $41,966.78; Edinborough Park Fund $5,424.50; Centennial
Lakes Park Fund $150.00; Liquor Fund $267,273.19; Utility Fund $437,651.02; Storm Sewer Fund
$21,519.25; Recycling Fund$39,973.03; PSTF Agency Fund $14,586.44;TOTAL$1,127,740.92.
IV.C. Adopt Resolution No. 2012-110 authorizing JPA for Minnesota Internet Crimes Against Children
Task Force.
IV.D. Request for Purchase — Hansen Road Retaining Wall Maintenance, Improvement No. A-245,
awarding the bid to the recommended low bidder,Sunram Construction Inc. at$59,999.00.
IV.E. Request for Purchase — Geographic Information System Software Upgrade, awarding the bid to
the recommended low bidder, Environmental Systems Research Institute, Inc. (ESRI) at
$36,337.50.
IV.F. Adopt Resolution No. 2012-112 authorizing grant applications—Hennepin Youth Sports Program
and execution of final agreements with Hennepin County for the Garden Park Baseball Field
Project.
IV.G. Approve 2013-2014 Labor Contracts for I.A.F.F. Local#1275; Paramedics/Firefighters.
W.H. Request to Purchase — 42 Tasers, awarding the bid to the recommended low bidder, Uniforms
Unlimited at$61,126.95.
Rollcall:
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
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Minutes/Edina City Council/September 19, 2012
W.A. WORK SESSION MEETING MINUTES OF SEPTEMBER 4,2012—APPROVED AS CORRECTED
Mayor Hovland made a motion, seconded by Member Swenson, to approve the work session meeting
minutes of September 4, 2012, revising Page 1, Hillcrest Development Pentagon Park Plans, to indicate
"...potential redevelopment...;" "...master developer and...;" change the word "need" to "needed;" and,
capitalize the words Small Area Plan.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
- None.
Vl. PUBLIC HEARINGS HELD—Affidavits of Notice presented and ordered placed on file.
VI.A. APPEAL OF VARIANCE,5000 SCHAEFER ROAD—DENIED—RESOLUTION NO. 2012-108—ADOPTED
Planning Director Presentation
Assistant Planner Aaker presented the appeal of Deena Allen Fruchtman, 6405 Interlachen Boulevard, of a
38.6-foot front yard setback variance to Daniel Wagner and Lindsey Gerrity, 5000 Schaefer Road, to
construct a garage stall and mud room onto the west side of the existing garage. The proposed garage and
mudroom addition was to be located approximately 84 feet from Interlachen Boulevard, or 7.8 feet
farther back from Interlachen than the existing garage. Ms. Aaker advised that on August 22, 2012, the
Planning Commission recommended, on a 6-1 vote, to approve the variance based on limited opportunity
for expansion on the property given the required setbacks. On September 4, 2012, Deena Allen Fruchtman
submitted an appeal of the variance approval.
The Council asked questions of Ms. Aaker relating to the buildable area of the subject site, noting it was
much smaller than usual for a lot of this size due to the setback requirements created by a corner location
and the placement of neighboring homes. Ms. Aaker advised that the subject house, when constructed,
conformed to setback requirements. The nonconformity occurred only upon construction of the house to
the west. The Council acknowledged that in a previous similar consideration the construction of an
addition was allowed because it had not exceeded the nonconformity of an existing screen porch. Ms.
Aaker concurred this was a similar consideration, noting one-half of the subject house was nonconforming
so the opportunity to design an addition was difficult.
Appellant Presentation
The appellant, Deena Allen Fruchtman,6405 Interlachen Boulevard, was not in attendance.
Proponent Presentation
Daniel Wagner, 5000 Schaefer Road, stated he appreciated the City Council's time in considering
information and documentation that supported their position. Mr. Wagner indicated the height of the
new garage was set back and intended to be smaller,tying into the existing garage structure.
Lindsey Gerrity, 5000 Schaefer Road, indicated other neighbors had submitted letters stating support of
the variance.
Mayor Hovland opened the public hearing at 7:18 p.m.
Public Testimony
No one appeared to comment.
Member Swenson made a motion,seconded by Member Brindle,to close the public hearing.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
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Minutes/Edina City Council/September 19, 2012
Member Swenson made a motion, seconded by Member Sprague, to deny the appeal of variance for
5000 Schaefer Road.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Member Swenson introduced and moved adoption of Resolution No. 2012-108, approving a Front Yard
Setback Variance at 5000 Schaefer Road, based on the following findings:
1. With the exception of the variance requested,the proposal would meet the required standards and
ordinances for the R-1,Single Dwelling Unit District.
2. The proposal would meet the required standards for a variance, because:
a. The proposed use of the property is reasonable; as it is consistent with surrounding properties is
deeper than the nonconforming setback that has historically been provided by the existing
garage.
3. The imposed setback limits design opportunity. The intent of the ordinance is to provide adequate
spacing between structures and the street. Spacing will not change from Interlachen. The unique
circumstance is the original placement of the home relative to the neighbor's home construction
that occurred at a later date than the subject home.
And,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:
• Survey date stamped March 30, 2012/revised July 27, 2012
• Building plans and elevations date stamped August 3, 2012
Member Brindle seconded the motion.
The Council acknowledged this expansion was modest and a classic example of hardship not created by the
property owners. In addition, the proposed addition would not be within sight lines of the-living quarters
of the adjacent house.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VI.B. VACATION REQUEST, PORTION OF NATCHEZ AVENUE, SAMUEL — RESOLUTION NO. 2012-115 —
ADOPTED
Engineer Presentation
Engineer Houle presented the revised request of Mathias and Jennifer Samuel, 4166 Monterey Avenue, to
vacate 22 feet of the southern portion of the unimproved public right-of-way of Natchez Avenue from
Monterey Avenue to approximately 216 feet to the west, referred to as Option Al in the proponent's
request and Option 1 in the mailed notice. Mr. Houle indicated the private utility companies and the City
of St. Louis Park do not have public utilities in this right-of-way and the Edina Comprehensive Plan does not
indicate future roadways, sidewalk, or trails within the proposed vacation area. Mr. Houle displayed an
aerial view of the subject property and described the location of the proposed 22-foot vacation.
The Council discussed the area to be vacated and asked questions of Attorney Mattick who explained that
once adopted, the vacation would be recorded and Hennepin County would determine ownership of the
underlying property. With regard to increased property value for taxation purposes, Attorney Mattick
advised the Assessor would make that determination, as lot width was usually associated with increased
value.
Proponent Presentation
Mathias Samuel, 4166 Monterey Avenue, presented the request for easement vacation between their lot
and the St. Louis Park Susan Lindgren Elementary School playground, noting it had been more narrowly
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Minutes/Edina City Council/September 19, 2012
tailored as previously recommended by the City Council. He described the topography of the subject site,
location of neighboring structures, and intent to construct a house with a tuck-under garage accessed from
the north. He clarified that he owned the property under discussion; however, the City had an easement
over that property. Mr. Samuel then presented slides depicting several options for easement vacation that
would accommodate the proposed house/garage structure including Option 3 (Option B in the
proponent's application) that involved vacation of only a corner wedge of the property.
Gabe Keller, Peterssen Keller Architectural, presented the proposed house and opined the vacation would
result in several benefits including a 10% reduction in the existing house/garage footprint, a reduction in
the overall mass with a tuck-under garage as opposed to an attached garage, elimination of a front-facing
garage, and opportunity to focus design/architecture/street presence with an open front-porch design. In
addition, a 22-foot vacation (Option Al) would minimize the need for retaining walls.
Mayor Hovland opened the public hearing at 7:40 p.m.
Public Testimony
Garfield Clark, representing the St. Louis Park School District,addressed the Council.
Lianne Beyerl,4109 Monterey Avenue,addressed the Council.
Member Brindle made a motion,seconded by Member Swenson,to close the public hearing.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
The Council reviewed the options provided and asked questions of Mr. Samuel and Mr. Keller relating to
house placement and retaining wall height. With regard to tree removal, Mr. Samuel stated and Mr. Keller
confirmed that the driveway would be tailored so only two trees would be removed. The Council
acknowledged the need to assure a balance between acting conservatively in a stewardship role to hold
easements for the public's interest and allowing rational redevelopment to accommodate modern needs.
It was noted that Option 1 would add 22 feet to the property, enough to allow subdivision. Attorney
Mattick advised that if the property had adequate width to subdivide, the City could not deny that request.
It was also noted that Option 3, vacation of the wedge piece, would accommodate the proponent's desire
for a driveway to access a tuck-under garage with the city still retaining the remainder of the right-of-way
should there be a future need. Member Sprague introduced and moved adoption of Resolution No.
2012-115, granting the vacation of public right-of-way of a portion of Natchez Avenue, conforming to
Option 3.
Member Swenson seconded the motion.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
VII. COMMUNITY COMMENT
Betsy Wolff, 6221 Creek Valley Road, voiced her objection that the Council would not accept verbal
comment relating to the proposed voter ID amendment. Based on long-standing, published protocol, the
Council invited Ms. Wolff to submit written comment which she did and which was then distributed to the
Council.
Vlll. REPORTS/RECOMMENDATIONS
VIII.A. RESOLUTION NO. 2012-111 ADOPTED—ACCEPTING VARIOUS DONATIONS
Mayor Hovland explained that 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.
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Minutes/Edina City Council/September 19, 2012
Member Bennett introduced and moved adoption of Resolution No. 2012-111 accepting various
donations. Member Sprague seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VIII.B. RESOLUTION 2012-113—EXPRESSING OPPOSITION TO THE PROPOSED VOTER ID AMENDMENT-
ADOPTED
Jessica Kingston, Chair of the Human Rights and Relations Commission (HRRC), presented its
recommendation to endorse a statement of opposition to the proposed voter ID Amendment to the
Minnesota State Constitution.
The Council compared the language of the HRRC adopted resolution and the resolution that had been
submitted by Member Bennett and reviewed by Chair Kingston, HRRC Member Stanton, HRRC Liaison &
Human Resources Director Schaefer and City Clerk Mangen. Ms. Mangen advised of possible additional
City costs that may be incurred and work tasks required to implement Voter Identification and provisional
balloting if the amendment passes. The Council discussed the current documentation requirements and
process used for Election Day voter registration and the impact to Edina's residents. The Council
expressed concern that should the amendment be approved, it would end Election Day voter registration
as it presently exists because it would require provisional voting subject to eligibility verification. It was
noted that Ms. Wolff had submitted written comment relating to the validity of Brennan Center for Justice
data; however, that language previously had been removed from the resolution to make the final
resolution more Edina-specific. Member Sprague introduced and moved adoption of Resolution No.
2012-113, expressing opposition to the proposed Voter ID amendment, as revised incorporating the first
and third WHEREAS from the HRRC adopted resolution,with Council amendments.
Member Bennett seconded the motion.
In response to questions regarding the timing for adoption of the resolution, Chair Kingston explained if
the revised resolution was referred to the HRRC for action and re-presentation before the Council, it would
not leave enough time for voter education prior to the November election. Member Sprague made a
motion to amend, seconded by Member Bennett, to delete the second-to-last and third-to-last
WHEREAS made redundant by incorporation of the first and third WHEREAS from the HRRC resolution.
Ayes: Bennett, Brindle, Sprague,Swenson, Hovland
Motion to amend carried.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried as amended.
VIII.C. RESOLUTION 2012-114 — EXPRESSING SUPPORT FOR A UNITED STATES CONSTITUTIONAL
AMENDMENT TO REGULATE CORPORATE POLITICAL SPENDING AND CAMPAIGN FINANCING —
TABLED INDEFINITELY
Ms. Kingston presented the recommendation of the HRRC to endorse a statement of support for a US
Constitutional amendment to regulate corporate political spending and campaign financing. The Council
indicated it found there was not a direct nexus with this federal question or a direct implication to Edina's
residents as with the voter ID amendment. Member Swenson made a motion, seconded by Member
Bennett, to table indefinitely consideration of a United States Constitutional amendment to regulate
corporate political spending and campaign financing.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
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Minutes/Edina City Council/September 19, 2012
IX. CORRESPONDENCE AND PETITIONS
IX.A. CORRESPONDENCE
Mayor Hovland acknowledged the Council's receipt of various correspondence.
IX.B. PETITIONS DO.TOWN REGARDING COMMUNITY GARDENS—RECEIVED
Member Bennett made a motion, seconded by Member Brindle, to receive petitions from do.town
regarding community gardens.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IX.C. ADVISORY BOARDS& COMMISSION CORRESPONDENCE.
1. MINUTES—HERITAGE PRESERVATION BOARD,AUGUST 13,2012
2. MINUTES—PARK BOARD,AUGUST 13,2012
3. MINUTES—EDINA COMMUNITY HEALTH COMMITTEE,JULY 17,2012
Informational; no action required.
X. MAYOR AND COUNCIL COMMENTS—Received
XI. MANAGER'S COMMENTS—Received
MI. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting recessed to
closed session at 9:37 p.m. Following the closed session the Mayor reconvened the meeting at 10:30 p.m.
and continued taking Council Comments. The meeting was adjourned at 10:47 p.m.
Respectfully submitted,
Debra A.Wlingen, City derk
Minutes approved by Edina City Council, October 2, 2012.
James B. Hovland, Mayor
Video Copy of the September 19, 2012, meeting available.
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