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
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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.
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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.
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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.
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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.
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