HomeMy WebLinkAbout19961021_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 21,1996 - 7:OO P.M.
ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Kelly and seconded by
Member Maetzold adopting the Council Consent Agenda as presented.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*MINUTES OF THE REGULAR MEETING OF OCTOBER 7.1996. APPROVED Motion made by
Member Kelly and seconded by Member Maetzold approving the Minutes of the Regular
Meeting of October 7,1996.
Motion carried on rollcall vote - five ayes.
BOY SCOUT PACK 46 WELCOMED Mayor Richards welcomed and introduced Webelos from Cub
Scout Pack 46 who are working on the citizenship portion of their Arrow of Light designation.
25YEARS OF SERVICE TO EDINA PROCLAIMED BY EDlNA CHAMBER OF COMMERCE Mayor
Richards presented a proclamation to Mark Rausch, President of the Edina Chamber of Commerce
proclaiming November 2, 1996, as the day to celebrate the 25th Anniversary of the Edina Chamber
of Commerce. The focus of the celebration will be to, “Reflect on the past. . . Celebrate the present, . . . and Look to the Future.
PUBLIC HEARING HELD: VARIANCE APPROVED FOR 5105 RICHMOND DRIVE Affidavits of
Notice were presented, approved and ordered placed on file.
Presentation bv Assistant Planner
Assistant Planner Aaker explained that on October 3,1996 the Zoning Board of Appeals, heard and
denied a request for a 11.75 foot frontyard setback variance and a .417 foot sideyard setback
variance to allow construction of a garage in the frontyard area of 5105 Richmond Drive. Rochelle
and Thomas Crowley, 5105 Richmond Drive submitted a letter to the City Clerk appealing the
Board’s decision on October 3, 1996.
Assistant Planner Aaker stated the subject property consists of a one story rambler with no garage.
Edina’s Zoning Ordinance requires a minimum two car garage per single dwelling unit. The home had
a single stall attached garage which former owners converted into a family room and storage shed
facing the front of the home sometime during the 1960’s. The conversion was completed without any
permit from the City of Edina. The Crowley’s purchased the home in April of 1996 and are proposing
to.build a garage 20 feet in width by 22 feet in depth. The new garage would have a gable front and
Wisconsin limestone exterior to match the existing home. The garage would protrude in front of
adjacent homes.
Assistant Planner Aaker informed Council the proponents have explored other options, such as
installing a twelve-foot wide driveway along the west side of the home to access a rearyard detached
garage. A twelve-foot wide driveway would occupy the distance between the west wall of the existing
house and the neighbor’s privacy fence along the side lot line.
Proponent Comment
Rochelle and Thomas Crowley, 51 05 Richmond Drive requested the Council grant the requested
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MinuteslEdina Citv CouncillOctober 21.1996
variance. Mr. Crowley stated the driveway would not allow egress windows on the west side of the
building and could potentially magnify water problems as snow melts from the driveway. He stated
. they bought the property in April of 1996 and believed building a garage in the front of the house was
not a problem. Mrs. Crowley added that if they built a garage in the rearyard, the frontyard would
have either two concrete driveways, or sod going up to the pseudo garage door. She added building
a garage in the rear is more expensive and any garage built in the rear yard would have a severe
angle in the driveway. Mrs. Crowley pointed out negotiating the driveway could be particularly
difficult in the winter. She concluded urging approval of the variance because it is their belief building
a garage as proposed on the front of their home offers the best solution to the problem.
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Member Smith asked if the City could require the Crowley’s to remove the existing drive. Assistant
Planner Aaker replied the Crowley’s would not need to remove the existing driveway.
Public Comment
Dick Rooney, 51 09 Richmond Drive, stated he was a twenty-two-year resident of Edina, and lives
next door to the Crowley’s. Mr. Rooney recalled the Crowley’s home has existed in its present
condition for approximately thirty years. He added the elevation of his property is higher than the
Crowley’s property, and putting a concrete driveway next to his property could cause drainage
problems. Mr. Rooney expressed concern that the existing problem is corrected in a way the
neighbors can support and it appears adding the garage to the front of the house is a workable
solution.
Dick Stresnak, 5400 Richmond Lane mentioned his main concerns are property values and the look
of the neighborhood. Mr. Stresnak stated former owners had converted the garage on the Crowley’s
home before he moved into his home in 1964. Mr. Stresnak reported the area has water problems.
When he put in his swimming pool, it needed a special bottom because of the water. In addition, Mr.
Stresnak, added approximately 14 tons of landscape rock on his property last year to control the
water problems. He expressed concern adding hard surfaces at the Crowley’s will exacerbate the
water drainage problems, especially when snow melts. Mr. Stresnak urged Council to allow the
variance allowing the garage in the front of the home as the best solution to the problem for all
concerned.
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Council Discussion/Action
Member Smith stated he looked over the property and believes the garage as proposed would fit into
the neighborhood. He thinks a hardship exists that was not created by the Crowley’s. Member Smith
added the request has the support of the neighbors as a solution to a long standing problem and
therefore he would also support the variance.
Member Kelly agreed a hardship appears to exist in this case and granting this variance would not
adversely affect the neighborhood. She believes the house will look better with a garage.
Member Maetzold stated his support of granting the variance because of the hardship. Allowing the
garage addition will correct a long standing problem and he supports the request for this reason.
Member Paulus agreed a hardship exists in this situation and would support granting a variance,
however, the Zoning Board of Appeals should be informed of Council’s rationale for the decision.
Member Paulus believes the Zoning Board was trying to keep their decisions within the confines of
the Zoning Code.
Mayor Richards stated the configuration of the house or lot cannot be changed. Granting the
variance, however, in his opinion will change the character of the neighborhood and make the
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MinutedEdina City Council/October 21.1996
problem worse. Therefore, he will not support the requested variance.
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION
WHEREAS, the Zoning Board of Appeals heard and denied a request for a 11.75 foot frontyard
setback variance and a .417 foot sideyard setback variance to allow a garage in the frontyard
area of 5105 Richmond Drive; and
WHEREAS, said variance denial was appealed by Thomas and Rochelle Crowley, 5105
Richmond Drive to the Edina City Council.
BE IT RESOLVED by the Edina City Council that the requested I I .75 foot frontyard setback
variance and a .417 foot sideyard setback variance to allow construction of a garage in the
frontyard area of 5105 Richmond Drive is hereby granted. Member Paulus seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith
Nay: Richards
Resolution adopted.
*VACATION OF UTILITY AND DRAINAGE EASEMENT FOR JYLAND DENNIS ADDITION
CONTINUED TO NOVEMBER 4.1996 Motion made by Member Kelly and seconded by Member
Maetzold continuing the vacation of utility and drainage easement for Jyland Dennis Addition
to November 4,1996.
Motion carried on rollcall vote - five ayes.
ORDINANCE NO 19963, AN ORDINANCE REQUIRING THE ISSUANCE OF PERMITS FOR USE
OF PUBLIC OR PRIVATE PROPERTY FOR FILMING OF MOTION PICTURES. COMMERCIALS
OR OTHER VIDEO PRODUCTIONS OR COMMERCIAL PHOTOGRAPHY Assistant Manager
Hughes explained staff prepared a draft ordinance authorizing a permit process to regulate
commercial photography in the City. The proposed ordinance defines commercial photography as
motion and still photography for which a fee is charged for the use, reproduction or showing of the
product of the photography. This includes such things as motion pictures, commercials,
advertisements and videos. Wedding photography or photography of a private nature would not be
considered "commercial" under the ordinance.
The draft ordinance would require a permit be obtained via two processes depending upon the
proposed photography. Smaller scale productions could obtain permits from the City Manager while
the Council would issue permits for the larger scale productions. In both cases, permit fees would
be charged and a deposit required to reimburse the City for any costs and expenses incurred by the
City. Before granting any permit, findings would be required that the photography would not endanger
the public health, safety, morals or general welfare; will not cause undue traffic hazards, congestion
or a parking shortage, will not create an excessive burden or result in damage to parks, streets, rights
of way or other public property; and that the City has issued no commercial photography permit
during the preceding 180 days within 500 feet of the location requesting the permit.
Assistant Manager Hughes informed the Council a draft of the proposed ordinance had been sent
to the Minnesota Film Board for its review. The Film Board questioned section 1350.07 that limits
permits to one each 180 days and expressed concern that fees are fair. Assistant Manager Hughes
stated staff would develop a fee schedule, to be presented at the second reading of the ordinance,
if Council decides to grant first reading.
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MinuteslEdina City CouncillOctober 21.1996
Public Comment
Bill Horn, 451 1 Browndale Avenue, informed Council he has endured two major films and several
commercial endeavors. He thinks 500 feet is minimal. Mr. Horn questioned why commercial
photography is even allowed. He stated it is a hardship for neighbors and suggested adding clauses
to the proposed ordinance about screening high level lighting. I
Bill Smith, 451 8 Browndale Avenue, stated he lives next to 4520 Browndale, a property that has been
the subject of filming about twenty times since 1976. Each time it was very inconvenient and almost
prevented use of his own property. Sometimes Mr. Smith could not get in or out of his driveway.
Filming restricts the proper and safe flow of traffic through the neighborhood and can be personally
very upsetting to the neighbors.
After a brief discussion of various potential additions and changes to the proposed ordinance, Council
directed staff to redraft the ordinance and bring it back to the November 4, 1996 Council meeting.
FIRST READING GRANTED FOR ORDINANCE NO 1996-4 (CABLE TELEVISION REGULATORY
TELEVISION FRANCHISE AGREEMENT WITH PARAGON CABLEI Manager Rosland explained
the ordinances before Council had been approved as to concept when the Council held the public
hearing July I , 1996. The Cable Commission has reviewed the Ordinances and is recommending
all member cities adopt the ordinances. The City Attorney has also reviewed the ordinances and
recommends adoption.
ORDINANCE). AND ORDINANCE NO. 1996-5 (AN ORDINANCE RENEWING THE CABLE
Member Smith explained the proposed renewal is early as the current franchise agreement expires
December 31 , 1999. The proposed ordinances are the result of a year-long precess and the Cable
Commission believes everything is in order that will allow Paragon to begin the upgrade of their cable
system. I
Council briefly discussed the early renewal and the proposed ordinances.
Member Smith moved First Reading of Ordinance No. 1996-4, an ordinance to regulate the
granting of franchises to operate and maintain a cable system in the City; setting forth
conditions accompanying the granting of said franchise; providing for regulation and use of
the system; and prescribing penalties for the violation of its provision. Member Kelly seconded
the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
Member Smith moved First Reading of Ordinance No. 1996-5, an Ordinance including
addendums with exhibits, granting a franchise to KBL Cable Systems of the Southwest, Inc.,
repealing Ordinance Number 1120 (the original franchise ordinance), and stating the terms
and conditions of this franchise ordinance. Member Kelly seconded the motion
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*AWARD OF BID FOR SOD FOR BRAEMAR SOCCER FIELD Motion made by Member Kelly
and seconded by Member Maetzold for award of bid for sod for the Braemar soccer field to
recommended low bidder, Fricke and Sons Sod Farm at $6,400.00.
Motion carried on rollcall vote - five ayes. .
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MinutedEdina City CouncWOctober 21.1996
*AWARD OF BID FOR ROOF REPLACEMENT AND DECKING REPAIR AT CREEK VALLEY
SCHOOL PARK WARMING HOUSEMlELL HOUSE Motion made by Member Kelly and
seconded by Member Maetzold for award of bid for roof replacement and decking repair at
Creek Valley School Park warming house/well house to recommended low bidder, Nieman
Roofing Company, Inc., at $32,000 for the roof and $3.50 per square foot for decking.
Motion carried on rollcall vote - five ayes.
*AWARD OF BID FOR PLAYGROUND EQUIPMENT FOR STRACHAUER PARK Motion made
by Member Kelly and seconded by Member Maetzold for award of bid for playground
equipment for Strachauer Park to recommended low bidder, Flanagan Sales, Inc. at
$34,433.28.
Motion carried on rollcall vote - five ayes.
EDINA AQUATIC CENTER IMPROVEMENTS REPORT Park Director Keprios informed Council that
the City received five bids for improvements to the Edina Aquatic Center. These bids remain good
for thirty days. Director Keprios noted the engineer’s estimate for the improvements at the Center
was one million dollars. Bids received were between $1,600,000 and $2,200,000. Answering Council
concern, Director Keprios said improvements to the Center would possibly encroach into the 1997
season, and if necessary, it was conceivable the City could limp through the season, completing the
improvements after the season.
OCTOBER 14.1996 TRAFFIC SAFETY STAFF REVIEW FOR SECTIONS A, B AND SECTION
C 13) APPROVED: SECTION C (1) AND (2) CONTINUED TO NOVEMBER 18.1996 COUNCIL
MEETING Member Smith made a motion approving the following actions as recommended
in Section A of the Traffic Safety Staff Report of October 14, 1996:
Installation of “Playground” signs on McGuire Road, Brook Drive and W. 69th Street
in the area of McGuire Park;
Installation of “Playground” signs on W. 62nd Street near the south entrance to
Pamela Park;
Installation of multiple cross walks in the intersection of Benton Avenue and Stuart
Street with accompanying warning signs. School administration should be contacted
with the suggestion that school patrols be present at the crosswalks;
Recommendation the Police Department visit Code Avenue between Grove Street and
Richmond Drive area during certain high profile times such as afternoons or weekends
conducting an enforcement effort;
Installation of crosswalk crossing at W. 66th Street and West Shore Drive during the
W. 66th Street reconstruction project;
Installation of a yellow centerline stripe at the northerly curve of W. Highwood Drive
west of the cul-de-sac; and
all of Section By and Section C (3), and to continue Section C (I) request for traffic control (a
semaphore or multi-way “STOP”) at the intersection of Vernon Avenue and Gleason Road,
and (2) request for traffic diversion and traffic calming on Arden Avenue between W. 50th
Street and W 52nd Street to November 18, 1996, with the recommendation that a traffic
engineering consultant be retained to study the greater Country Club area. Member Kelly
seconded the motion.
I)
2)
3)
4)
5)
6)
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*RESOLUTION ADOPTED AUTHORIZING PARTICIPATION IN THE LOCAL HOUSING
INCENTIVE ACCOUNT PROGRAM Member Kelly introduced the following resolution and
moved its adoption:
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MinuteslEdina City CouncillOctober 21.1996
RESOLUTION
ELECTING TO CONTINUE PARTICIPATING IN THE
LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
FOR CALENDAR YEAR 1997
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section
473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended
to address housing and other development issues facing the metropolitan area defined by
Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account and the local
Housing Incentive Account, is intended to provide certain funding and other assistant to
metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans
under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Trade and Economic Development unless
the municipality is participating in the Local Housing Incentives Account Program under the
Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to establish affordable and life-cycle housing
goals for that municipality that are consistent with and promote the policies of the
Metropolitan Council as provided in the adopted Metropolitan Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the actions the
municipality plans to take to meet the established housing goals through preparation of the
Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing,
negotiated affordable and life cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year; and
WHEREAS, for calendar year 1997, a metropolitan area municipality that did not
participate in the Local Housing Incentive Account Program during the calendar year 1996,
can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects
to participate in the Local Housing Incentives Account Program by November 15, 1996; and
(b) the Metropolitan Council and the municipality have successfully negotiated affordable and
life-cycle housing goals for the municipality:
NOW, THEREFORE, BE IT RESOLVED THAT the City of Edina hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during the calendar year 1997. Member Maetzold seconded the motion.
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Resolution adopted on rollcall vote - five ayes.
PREDESIGN STUDY AND CONCEPT PLAN FOR CITY HALL APPROVED Following a brief
Council discussion, Member Smith made a motion appointing Boarman and Associates
Architects and directing they prepare a predesign study and concept plan for City Hall for a
fee of $1 0,500.00. Member Maetzold seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
REPORT PRESENTED ON TRAFFIC TRAILER Chief Bemhjelm explained at the October 7, 1996,
meeting, the Council requested additional information about the traffic trailer proposed by the Police
Department during the budget process. He stated the trailer is self-contained, and provides a digital
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* MinutedEdina Citv CouncillOctober 21.1996
readout of the speed of passing traffic. The trailer can be deployed for two or three days at a time
without recharging and is used primarily as an educational tool to remind motorists of their speed and
allow residents to more accurately gauge the speed of passing traffic. The current estimated cost
of the trailer, including the traffic statistics computer is $14,255.00. Chief Bernhjelm pointed out if
the trailer receives Council approval, formal price quotations would be acquired and presented at a
future meeting.
Following a brief Council discussion, Member Maetzold made a motion to purchase the traffic
trailer and to initiate the bidding process. Member Paulus seconded the motion.
Rollcall:
Ayes: Maetzold, Paulus
Nays: Kelly, Smith, Richards
Motion failed.
*PETITION RECEIVED FOR SIDEWALK - SOUTH SIDE OF DEWEY HILL ROAD BETWEEN
CAHILL AND DELANEY REFERRED TO ENGINEERING FOR FEASIBILITY Motion made by
Member Kelly and seconded by Member Maetzold to refer the sidewalk petition for the south
side of Dewey Hill Road between Cahill and Delaney to engineering for processing as to
feasibility.
Motion carried on rollcall vote - five ayes.
CONCERN OF RESIDENT REPORTED Ron Elmquist, 6100 Kellogg Avenue, stated he asked to
address the Council regarding three concerns: parking on the 61 00 block of Kellogg Avenue, traffic
in the same area, and excessive placement of signs on the block. Mr. Elmquist contacted Craig
Swanson, Traffic Safety Coordinator after the installation of signs restricting parking on his block. He
was informed since the Council took action at its September 16, 1996 meeting, the signs must be
installed. Mr. Elmquist voiced his frustration with the procedure leading up to the sign installation.
He felt the businesses contributing to the parking problem were never drawn into the process of
devising a solution. Mr. Elmquist also believes the City should have informed the residents before
the Council made the final decision. He asked the city look at the parking situation of his block and
the business area nearby, and please remove the two no parking signs at the north est of the block
where parking has not been a problem.
Another concern is the large amount of traffic using Kellogg Avenue. Mr. Elmquist stated he was
aware of plans looked at several years ago concerning the redevelopment of the Kellogg Avenue and
Valley View intersection. Mr. Elmquist requested the Council again look at a redevelopment plan for
the intersection of Kellogg Avenue and Valley View Road.
The Council thanked Mr. Elmquist for bringing his concerns to their attention. A copy of Mr.
Elmquist's letter will be forwarded to Traffic Safety Coordinator Swanson and receipt of the October
21, 1996-letter will be noted in the Council minutes.
CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as
shown in detail on the Check Register dated October 16,1996, and consisting of 29 pages:
General Fund $207,273.52; C.D.B.G. $6,298.95; Communications $22,286.21 ; Working Capital
$21 0,720.60; Art Center $4,342.12; Swimming Pool Fund $4,585.50; Golf Course Fund
$41,852.1 I; Ice Arena Fund $8,649.65; Gun Range Fund $864.31; Edinborough/ Centennial
Lakes $1 1,627.47; Utility Fund $209,867.59; Storm Sewer Utility Fund $4,957.43; Recycling
Program $39,966.57; Liquor Dispensary Fund $144,127.01; Construction Fund $327,543.35;
Park Bond Fund $131,102.81; TOTAL $1,376,065.20; and for confirmation of the following
claims as shown in detail on the Check Register dated October 9,1996, and consisting of two
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MinutedEdina City CouncillOctober 21.1996
pages: General Fund $120,913.1 6; Art Center $300.95; Golf Course Fund $1,271 .OO; Liquor
Dispensary Fund $46,276.08; TOTAL $1 68,761.19. Member Maetzold seconded the motion. I Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared the meeting
adjourned at 9:04 P.M.
P
0 City Clerk
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