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HomeMy WebLinkAbout19960701_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 1,1996 ROLLCALL Answering rollcall were Members Paulus, Smith and Mayor Richards. Member Kelly entered the meeting at 7:11 P.M. CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member Paulus adopting the Council Consent Agenda as presented. Rollcall: Ayes: Paulus, Smith, Richards Motion carried. EDINA WOMEN’S CLUB PRESENTED WITH RESOLUTION OF APPRECIATION Motion of Member Paulus, seconded by Member Smith adopting the following resolution of appreciation: RESOLUTION OF APPRECIATION WHEREAS, the Edina Federated Women’s Club has long been a leader and philanthropic supporter of providing playground equipment that is accessible for children of all ages and abilities, and especially for those who are physically challenged, and WHEREAS, since 1970, the Edina Federated Women’s Club has donated over $60,000 to the City of Edina for purchase and installation of handicapped accessible playground equipment at Lake Cornelia Park, and WHEREAS in 1996 the Edina Federated Women’s Club has donated an additional $1 0,000 to the City of Edina for purchase and installation of new replacement handicapped accessible playground equipment at Lake Cornelia Park. NOW, THEREFORE BE IT RESOLVED that on behalf of the thousands of children who will benefit from the new playground equipment at Lake Cornelia Park, the Edina City Council hereby extends our sincere thanks and appreciation to the Edina Federated Women’s Club for their outstanding philanthropic support of the City of Edina’s Park System and specifically the handicapped accessible playground equipment at Lake Cornelia Park. Passed and adopted by the City Council of the City of Edina, Minnesota this 1st day of July 1996. Rollcall: Ayes: Paulus, Smith, Richards Motion carried. Mayor Richards presented the Resolution of Appreciation to Rochelle Raming, a representative of the Edina Federated Women’s Club and thanked the Club for their philanthropic support since I970 in providing accessible playground equipment in the Edina Parks for children of all ages and abilities, especially those physically challenged. *MINUTES OF THE SPECIAL MEETING OF JUNE 17.1996. AND REGULAR MEETING OF JUNE 17. 1996. APPROVED Motion made by Member Smith and seconded by Member Paulus approving the Minutes of the Special Meeting of June 17, 1996, and Regular Meeting of June 17, 1996. Motion carried on rollcall vote - three ayes. PUBLIC HEARING ON PRELIMINARY REZONING 5120 & 5124 FRANCE AVENUE R-1 TO PRD- 3- HANS KUHLMAN CONTINUED TO JULY 17. 1996 AND EXTENSION FROM ACTION GRANTED UNTIL SEPTEMBER 16, 1996 Affidavits of Notice were presented, approved and ordered placed on file. MinutedEdina City CouncilNulv 1.1996 Presentation bv Planner Planner Larsen briefly reviewed the subject property containing two single family lots and on the westerly side of France Avenue, south of West 51st Street. Six homes exist between 51st Street south of the Regency Condominium Development and West 52nd Street. The proposal involves the middle two homes that have a combined area of 27,645 square feet leaving two lots to both the north and south. Mr. Kuhlman requested rezoning the property to PRD-3 allowing redevelopment with a seven-unit townhouse project. Proponent Presentation Hans Kuhlman, proponent apologized for his absence at the June 17th Council meeting and thanked the Council for continuing the hearing, allowing him to appear and personally present his proposal. Mr. Kuhlman began his presentation stating in March of 1995, the University of Minnesota published a report known as the Bus Amenity Corridor Study and funded by the Regional Transit Board. The report referred to the Fiftieth and France corridor as a “Suburban Downtown” meaning an area not a typical suburban area, but a highly densely developed area with a tremendous amount of population. It has a core downtown area that services the population. Mr. Kuhlman stated his opinion that the proposed development fits into the suburban downtown because it increases the density of the property from two to seven. He used an aerial photograph of the area to point out the various zoning districts in the surrounding property. Mr. Kuhlman presented the site plan, as amended to meet the Planning Commission’s recommendations, with seven units ranging from I8 to 20 feet in width. The proposal needs five foot sideyard setback variances on both the north and south property lines. Mr. Kuhlman has staggered the townhouses to give the appearance of almost being single family dwellings. An underground parking garage, with two stalls for each unit will serve the development, with five guest parking spots in the front drive. The exterior of the units will be a combination of brick and stucco. Mr. Kuhlman informed Council he held a neighborhood meeting for the area residents at Grace Church and he felt it was positively received lasting about 1 % hours. Mr. Kuhlman stated the meeting started with many questions and concerns being expressed and ended with area residents urging the development encompass all six lots, not only the two in the middle. Mr. Kuhlman said redeveloping all six lots at this time is not economically feasible for him. However, in the future if the original redevelopment is favorable, he would plan to continue redeveloping the remaining lots. Public Comment Beverly Durkee, 5125 Gorgas Avenue, expressed her satisfaction with the proposal stating she felt it was a fine transition to the single family homes west of the site. Andy Castellano, 51 08 Gorgas Avenue, noted the proposal has been compared with the townhouses at 4600 and 4620 France Avenue. Mr. Castellano checked on the density of these units and found at 4600 there is about 7,000 sq.ft. per unit and 4620 about 5,000 sq.ft. per unit while Mr. Kuhlman’s proposal will have about 4,000 sq.ft. per unit. Mr. Casetellano felt the smaller per unit square footage is an issue in this proposal. Coralyn Dahlstrom 51 16 France Avenue, stated her concern with the increased density and the transition to the single family homes surrounding the subject property. Ms. Dahlstrom felt the development should begin at the Regency and continue the rest of the block. Esther Eggen, 51 12 France Avenue South, objected to the proposed development because it will chop up the block and change the entire character of the neighborhood. Ms. Eggen has been looking at other town house developments and could not find one that began in the middle of a block. She I Page 2 MinuteslEdina Citv CouncillJulv I. 1996 does not believe this proposal should be allowed to leave the small lots at either end of the block. Char Kuhlman, 51 13 Gorgas Avenue, expressed concern that the redevelopment should encompass the entire block not just the middle two lots. Pat Bachman, 51 00 France Avenue, stated he would like to see the area retain its current “downtown suburban” look. Developing the entire block into townhouses would ruin the character of the neighborhood. Michaela Castellano, 4854 France Avenue South, expressed concern over the houses left on either side. If these lots are not deep enough to accommodate Mr. Kuhlman’s current proposal what is to happen in the future? Ms. Castellano is also concerned about parking. Council CommenVAction Member Smith moved approval of the Preliminary Rezoning with the fifteen foot sideyard setbacks on the north and south property lines. Member Paulus seconded the motion. Member Kelly voiced concern approving the rezoning with the variances. Member Kelly felt the density is too high and that the developer could develop six units on this property. Member Kelly asked about other townhouse developments in the City similar to the proposed. Mayor Richards observed the proposal is a good use of the land, but agreed the density is too high and should be reduced. He continued asking what type of development the City could expect utilizing a 25% variance factor on the remaining lots to the north and south of the proposed townhouses. Planner Larsen stated he believes the townhouses at 4600 France Avenue were the only other redevelopment in an R-I area in the City. The 4600 France Avenue property is deeper allowing a different configuration. Possible density for development of the remaining lots if a developer respectively combined the two northerly lots and southerly lots each would yield a limit of approximately 3.5 units. A townhouse development would need a different design because the depth is not sufficient to use the same design as proposed for 5120 and 5124 France. Mayor Richards clarified that Council would be willing to entertain a townhouse proposal with a smaller footprint and fewer units on this site. The site has been identified in the City’s Comprehensive Plan for redevelopment as single family attached. The City does not control the ability to sequential development, but instead reacts to development proposals presented to them. Mayor Richards suggested it appeared this current did not have sufficient support for approval and asked the developer if he would like to revise his plan? Mr. Kuhlman requested the Council continue the issue until the July 15, 1996 Council meeting allowing him to revise his plans reducing the number of the units and eliminating the requested variances. Member Paulus stated the reason Comprehensive Plan exists is to look at future development. The City defined the subject property in the Comprehensive Plan as an area slated for redevelopment. Developers look at Comprehensive Plans to see areas where “redevelopment” is welcomed. Residents may and are encouraged to come into City Hall and look at the Comprehensive Plan any time. Member Paulus pointed out that typical France Avenue single family homes only provide for two parking spaces, and cautioned defining all empty nesters as not wanting a home with steps. Page 3 MinutedEdina Citv CounciVJuIv I. 1996 Member Smith withdrew his previous motion and Member Paulus withdrew her second. Member Kelly moved to continue the public hearing to July 15,1996 allowing the developer to revise his plans for 5120 and 5124 France Avenue. Member Paulus seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried. Member Kelly moved granting a sixty-day extension for action from July 14, 1996 until September 14, 1996 in the request for rezoning from R-I Single Dwelling District to PRD-3 Planned Residence District, allowing the developer to revise the plan and have it considered before Council July 15, 1996. Member Paulus seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried. Mayor Richards urged Mr. Kuhlman to go back to the neighbors and communicate his new designs so all concerns may be addressed. *HEARING DATES SET FOR PLANNING MATTERS Motion made by Member Smith and seconded by Member Paulus setting July 15,1996, as hearing date for: Final Rezoning - 5229 Eden Avenue (LaurenUParks) Final Plat Approval - 5229 Eden Avenue and 5200 Eden Circle (Kunz Lewis Addition) Final Development Plan - 3456 Heritage Drive (Heritage of Edina, Inc.) I. 2. 3. Motion carried on rollcall vote - three ayes. PUBLIC HEARING HELD: CABLE TELEVISION FRANCHISE RENEWAL DOCUMENTATION AUTHORIZED Affidavits of Notice were presented, approved and ordered placed on file. Manager Rosland informed the Council that the Southwest Suburban Cable Commission (SWSCC) about six months ago began working with Paragon Cable to look at a refranchise allowing the Cable Company to update their system technically. The SWSCC at its June 26, 1996 meeting agreed upon the following major issues: Public Access - Paragon will continue to provide four public, educational and government (PEG) access channels. The City may request a State-of-the Art review anytime between the sixth year and twelfth year anniversaries of the granting of this Franchise. Paragon will provide one large public access studio facility in Eden Prairie. Paragon shall provide a total of $200,128 for PEG access annually for the five member cities of the SWSCC. Customer Focus - Grantee agrees to upgrade its system to a 750 MHZ system. Social contract between Time Warner & the FCC is part of the renewal for information only. The contract is enforceable exclusively by the FCC. When requesting a State- of-the-Art Review cities shall take into account existing system characteristics, what additional benefit customers will derive from State-of-the-Art, market demand for State-of-the-Art, and financial feasibility. Cities shall also hold two public hearings to enable the public and grantee to give evidence. The grantee shall periodically conduct customer surveys. The grantee shall comply with customer service standards of the FCC. Line extensions shall be completed by the Grantee within 12 months to residences served by city sewer and water. City Government - Franchise fees tentatively to be 5% when a “level playing field exists” otherwise to be 2% only for affected area . Paragon will maintain the current government access channel. Paragon agrees to provide cities with override of the 1. 2. 3. Page 4 MinutedEdina City Council/Julv 1,1996 government access channel. Paragon shall notify cities 60 days prior to construction of system upgrades. Educational Needs - Paragon shall retain two current educational access channels. Paragon shall continue to provide service to public school and public buildings as currently is provided. Grantee will locate its “node” near schools where possible without comprising system design. Technolouv - Grantees agrees to upgrade its system to 750 MHZ, however, Paragon will initially use the 54 MHZ - 550 MHZ section. Grantee and the Commission agreed upon a definition of “level playing field provision”. 4. 5. Manager Rosland reported that if the Council agrees with the major issues as outlined by SWSCC the staff will draft the necessary ordinance for review by Council in August. Wayne Knighton, Division President Paragon Cable, introduced Kim Roden, Vice President of Public Affairs, and Theresa Harris, Attorney with Fredrikson & Byron, representing the Southwest Cable Commission. Mr. Knighton offered to answer any questions from Council or the public. Mayor Richards invited public comment. No one was present to speak. Member Smith introduced the following resolution and moved approval: RESOLUTION WHEREAS, the Southwest Suburban Cable Commission and Paragon Cable Company have agreed to a major issues outline, and WHEREAS, the Edina City Council has reviewed the major issues outline at a public hearing. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina that the City Manager is hereby authorized to prepare the necessary refranchising ordinance for Council review and action in August. Member Paulus seconded the motion. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Motion carried. *BID AWARDED FOR FENCING FOR NORMANDALE PARK BALLFIELD Motion made by Member Smith and seconded by Member Paulus for award of bid for fencing for Normandale Park Ballfield to recommended low bidder, Sterling Fence, Inc. at $6,157.00. Motion carried on rollcall vote -three ayes. *BID AWARDED FOR TWO HEAVY DUTY TRUCK CHASSIS Motion made by Member Smith and seconded by Member Paulus for award of bid for two heavy duty truck chassis to Boyer Ford Trucks, at $1 02,802.32 through State Contract #C-02307-54937-0. Motion carried on rollcall vote - three ayes. *BID AWARDED FOR AERATION SYSTEM FOR MELODY LAKE Motion made by Member Smith and seconded by Member Paulus for award of bid for an aeration system for Melody Lake to sole bidder, Clean-Flo Laboratories at $8,613.00. Motion carried on rollcall vote -three ayes. *BID AWARDED FOR WORKERS, COMPENSATION. GENERAL LIABILITY AND AUTO LIABILITY INSURANCE Motion made by Member Smith and seconded by Member Paulus for award of bid for Workers’ Compensation, General Liability and Auto Liability insurance to sole bidder, St. Paul Companies, at $496,233.00. Page 5 Minutes/Edina City CouncillJulv I. 1996 Motion carried on rollcall vote - three ayes. *BID AWARDED FOR PROPERN INSURANCE Motion made by Member Smith and seconded by Member Paulus for award of bid for Property Insurance to recommended low bidder, Traveler’s Insurance at $43,960.00. Motion carried on rollcall vote - three ayes. *BID AWARDED FOR BOILER AND MACHINERY INSURANCE Motion made by Member Smith and seconded by Member Paulus for award of bid for Boiler and Machinery Insurance to sole bidder Traveler’s Insurance at $7,940.00. Motion carried on rollcall vote - three ayes. *BID AWARDED FOR INLAND MARINE INSURANCE Motion made by Member Smith and seconded by Member Paulus for award of bid for Inland Marine Insurance to sole bidder, Fireman’s Fund, at $9,736.00. Motion carried on rollcall vote -three ayes. APPOINTMENT MADE TO COMMUNIN EDUCATION SERVICES BOARD Mayor Richards informed Council that a letter was received from Jeannine M. Nayes stating she would accept appointment to the at-large position of the Community Education Services Board. Member Kelly made a motion approving the at-large appointment of Jeannine M. Nayes to the Community Education Services Board for term to June 30,1997. Member Smith seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried. VACANCY NOTED ON HUMAN RELATIONS COMMISSION Mayor Richards informed the Council that a letter of resignation had been received from John Crist of the Human Relations Commission. He asked the Council to submit names of persons interested in serving on the Commission to him for possible appointment. CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as shown in detail on the Check Register dated June 26, 1996, and consisting of 35 pages: General Fund $199,545.98; C.D.B.G. $54.50; Communications $902.80; Working Capital $13,980.88; Art Center $10,559.11; Swimming Pool Fund $9,546.07; Golf Course Fund $47,489.61; Ice Arena Fund $4,503.55; Gun Range Fund $1,015.39; Edinboroughl Centennial Lakes $1 1,702.39; Utility Fund $332,443.17; Storm Sewer Utility Fund $4,513.94; Liquor Dispensary Fund $1 67,405.05; Construction Fund $30,010.18; Park Bond Fund $683.15; TOTAL $834,355.77. Member Smith seconded the motion. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:41 P.M. Page 6