HomeMy WebLinkAbout19961104_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
NOVEMBER 4,1996 - 7:OO P.M.
ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, and Mayor Richards.
Member Smith entered the meeting at 7:02 P.M. ,
CONSENT AGENDA ITEMS APPROVED Motion made by Member Paulus 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 21.1996. APPROVED Motion made by
Member Paulus and seconded by Member Maetzold approving the Minutes of the Regular
Meeting of October 21 , 1996.
Motion carried on rollcall vote - five ayes.
*PUBLIC HEARING FOR TREE TRIMMING PROJECT #IT87 CONTINUED TO NOVEMBER 18% - 1996 Motion of Member Paulus and seconded by Member Maetzold to continue the public
hearing for tree trimming project #TT-97 to November 18,1996.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING HELD: FINAL PLAT APPROVED -THE COVENTRY AT CENTENNIAL LAKES
(CENTENNIAL LAND LIMITED PARTNERSHIP) Affidavits of Notice were 6TH ADDITION
presented, approved and ordered placed on file. Member Maetzold stated he would be abstaining
from the discussion and vote on this matter.
Presentation by Planner
Planner Larsen informed Council the subject final plat is for a nine-unit building in the northwest
corner of the development. The proposed final plat is consistent with the approved overall
development plan. Staff recommended approval of the final plat.
Member Kelly introduced the following resolution and moved its approval:
RESOLUTION APPROVING FINAL PLAT
FOR THE COVENTRY AT CENTENNIAL LAKES 6TH ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, “THE COVENTRY AT CENTENNIAL LAKES 6th ADDITION’’, platted by Centennial
Land Limited Partnership, a Minnesota limited partnership, an undivided 91.43% interest, and
John W. Hedberg, an undivided 8.57% interest, and the Housing and Redevelopment Authority
of Edina, Minnesota, a public body corporate and politic under the laws of the State of
Minnesota, and presented at the regular meeting of the City Council on November 4,1996, be
and is hereby granted final plat approval. Member Smith seconded the motion.
Rollcal I :
Ayes: Kelly, Paulus, Smith and Richards
Maetzold abstaining
Resolution adopted.
*HEARING DATE SET FOR PLANNING MATTER Motion of Member Paulus and seconded by
Member Maetzold setting hearing date of November 18,1996, for planning matter as follows:
Preliminary Plat Approval -Warden Acres Hallgren Replat - 5809 Johnson Drive (Ernest
Hallgren).
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MinuteslEdina Citv CouncillNovember 4.1996
Motion carried on rollcall vote - five ayes.
VACATION OF UTILITY AND DRAINAGE EASEMENT DENIED - JYLAND DENNIS ADDITION
Affidavits of Notice were presented, approved and ordered placed on file. Member Smith stated he
would be abstaining from the discussion and vote on this matter.
Presentation bv Enaineer
Engineer Hoffman explained the City Council held the easement request over from the October 21 ,
1996 meeting to allow the requesting parties to meet with neighbors to the north of the site proposed
for vacation. The proponent John Dennis intends to use the vacated portion of the easement for
recreational purposes. Engineer Hoffman continued, the requested vacation is for a triangular piece
of the utility and drainage easement on the eastern portion of 14 Bello Drive. The part of the
easement requested to be vacated is directly south of 6920 Dakota Trail. Engineer Hoffman pointed
out on a 1974 topographical map the two low spots existing before the property was developed. Both
areas remain however, more hard surface area exists in the development so a higher volume of
water arrives more quickly in the low spots. The homeowner at 6920 Dakota Trail reports seepage
problems exist now that did not exist earlier. Engineer Hoffman therefore, recommended not
vacating any portion of the existing easement below an elevation of 881 .OO feet above sea level.
Engineer Hoffman explained normally staff position on utility and drainage vacation requests is to
allow landscaping to occur if no structure is built. Here, the homeowners at 6920 and 6916 Dakota
Trail have expressed concern regarding how the vacated area might appear from their backyards.
Engineer Hoffman noted the October 30, 1996-letter of Gordon Knudsvig outlining his concerns
regarding the potential use of the requested vacated area and noted correspondence received from
the neighbors at 6916 Dakota Trail, Sid and Barbara Rebers opposing the vacation. Engineer
Hoffman concluded staff does not have a strong recommendation on the issue. The proponent has
altered the initial request after meeting with the neighbors. The new vacation request includes only
land that is 881.00 feet above sea level as denoted by the drawing, dated October 30, 1996,
prepared by Kevin Keenen.
Proponent Comment
John Dennis, 14 Bello Drive, stated he pays taxes for the entire area under the easement. Therefore,
he would like to use the land. Mr. Dennis believes he has tried to affect his neighbors to the north not
negatively. The Dennis’ are trying to develop a play area for their children. Mr. Dennis, introduced
Kevin Keenen, Landscape Architect.
Kevin Keenen, Landscape Architect, gave an overview of the easement vacation request. Mr.
Dennis hired Mr. Keenen to prepare a landscape design, adding landscaping and perhaps a
swimming pool to the property. He stated they looked at several options, one being using part of the
easement. Mr. Keenen checked with Dan Parks, an engineer with McCombs Knutson, and
determined that the entire easement was not necessary so a request for a partial vacation was
feasible. The vacation request was made and a number of meetings have taken place with City staff
and neighbors bringing the Dennis’ to their current request that is more conservative than the original
request.
Public Comment
Gordon and Judy Knudsvig, 6920 Dakota Trail, stated they are opposed to the vacation request. Mr.
Knudsvig said when they first learned of the Bello Drive development they supported it. Central to
the Knudsvig’s support was the protective limitation for existing drainage. Mr. Knudsvig stated the
Dennis home at 14 Bellow Drive was the last home built. The Knudsvig’s property now experiences I
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MinutedEdina Citv CouncillNovember 4.1996
moisture problems not exhibited before the Dennis house was built. Therefore Mr. Knudsvig urged
the Council deny the vacation request because of the potential negative effects for flooding on his
property. Mrs. Knudsvig added that 1996 has not been a particularly damp year but their sump pump
ran continuously until July.
Council briefly discussed various aspects of the issue including what hardship would exist if Council
denied the vacation. Concern was expressed over who would be responsible if a drainage problem
developed after the City vacated the easement. Council consensus was that the Dennis' bought the
Bello Drive property knowing about the existing easement and its importance.
Member Kelly introduced the following resolution and moved its adoption
RESOLUTION
WHEREAS, John Dennis, 14 Bello Drive, did on September 16,1996 request the vacation of
a portion of the drainage and utility easement on 14 Bello Drive; and
WHEREAS, the Edina City Council by resolution at the September 16, 1996 Council meeting
set a public hearing for October 21,1996; and
WHEREAS, two weeks published and posted notice of said hearing was given, and
WHEREAS, said duly called hearing was continued until November 4,1996 at which time all
persons desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, the Council deems it is the best interest of the City and of the public to leave said
drainage and utility easement in place as it currently exists.
NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the request for partial
vacation of the drainage and utility easement at 14 Bello Drive is hereby denied. Member
Maetzold seconded the motion.
Rollcall:
Ayes: Kelly, Paulus, Maetzold and Richards
Smith abstaining
Resolution adopted.
ORDINANCE I9963 CONTINUED -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 reminded Council on October 21, 1996, they reviewed a draft of the
proposed ordinance and directed staff to make several changes to the proposed ordinance.
Assistant Manager Hughes reviewed the changes made to the revised ordinance. He stated staff
sent a copy of the revised ordinance to the two residents who appeared at the October 21, 1996 and
to the Minnesota Film Board. Staff recommends First Reading of the revised ordinance.
Kelly Pratt-Raymond of the Minnesota Film Board said while the Board does not oppose the
proposed ordinance they would avoid filming in Edina if the ordinance put unreasonable constraints
on them. Vendors profit greatly from local filming and it is their wish that the ability to do so would
continue. Issuing a permit is a good idea but holding a public hearing would be too time consuming.
Ms. Pratt-Raymond suggested 1) formation of a task force acting as an intermediary with the Film
Board, and 2) all parties concerned receive copies of information and the final ordinance.
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MinuteslEdina City CouncillNovember 4.1996
Bill Horn, 451 I Browndale Avenue South reiterated filming in the neighborhood is just a nuisance and
added the five-day notice is not helpful to anyone.
Mayor Richards commented the City Manager should not be burdened with decisions regarding
whether to permit or prohibit filming in Edina. He suggested consideration of a longer notice period,
perhaps 45 days, and to include a provision that a public hearing could be requested.
I
Member Smith said the duty of the Council is to the residents and suggested staff fine-tune the
language and continue First Reading to a future meeting.
Member Maetzold suggested the notice period be IO - 14 days and that more information be given
to the neighbors. He recommended the proposed ordinance modification should include limitations
on lighting, in some form.
Member Paulus felt the focus is on large filming projects while commercials are more common. The
proposed ordinance needs tightening but she would not agree to further burdening the Manager.
Responding to Member Kelly’s inquiry, Assistant to the City Manager Smith replied 4 - 5 various
filmings take place each month in Edina. Member Kelly stated staff and residents should be
compensated for the work and inconvenience created.
Member Kelly made a motion directing staff to revise the proposed ordinance to include, I)
a 15-day notice provision, 2) public hearing provision, and 3) a comprehensive application
process. Member Paulus seconded the motion.
Kelly Heikkela, Minnesota Film Board, explained the ordinance in its final form should portray the
differentiation between levels of production. Still photo shoots might take one day while feature films
could take 20 days or more. The ordinance should also be explicit if the length of a shoot includes
only week days or consecutive days, etc. Mr. Heikkela asked whether the ordinance would cover
student films where two or three people participate and the City might not even be aware of them.
Member Paulus added the ordinance should require the need for disclosure but in general requires
further work.
Mayor Richards called for vote on the question.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
ORDINANCE NO. 1996-4 CABLE TELEVISION REGULATORY ORDINANCE AND ORDINANCE
WITH PARAGON CABLE ADOPTED Manager Rosland reminded a public hearing was held on July
1, 1996, and Council agreed, in concept, to major issues of the renewal ordinance for the Cable
Television Franchise Agreement. Necessary Ordinances were drafted, presented and granted first
reading at the October 21, 1996, Council meeting.
NO. 1996-5 ..AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE AGREEMENT
Member Smith introduced Ordinance No. 1996-4, Cable Television Regulatory Ordinance - and
Ordinance No. 1996-5 An Ordinance Renewing the Cable Television Franchise Agreement with
Paragon Cable and moved its approval, a copy of which is on file in the office of the City
Clerk.
Rollcall:
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MinuteslEdina City CounciVNovember 4.1996
Yes: Kelly, Maetzold, Paulus, Smith, Richards
Ordinance adopted.
*BID AWARDED FOR TREES FOR BRAEMAR & NORMANDALE GOLF COURSES Motion of
Member Paulus and seconded by Member Maetzold for award of bid for trees for Braemar and
Normandale Golf Courses to recommended low bidder, Minnesota Valley Tree at $7,540.20.
Motion carried on rollcall vote - five ayes.
"BID AWARDED FOR PAPER SUPPLY FOR ABOUT TOWN Motion made by Member Paulus
and seconded by Member Maetzold for award of bid for fall paper supply for About Town to
sole bidder, Unisource, at $6,413.1 0.
Motion carried on rollcall vote - five ayes.
"BID AWARDED FOR RE-ROOF WOODDALE FILTER PLANT Motion made by Member Paulus
and seconded by Member Maetzold for award of bid for re-roof Wooddale filter plant to
recommended low bidder, Granite City Roofing, Inc., at $14,785.00.
Motion carried on rollcall vote - five ayes.
"BID REJECTED FOR PARK FENCING CONTRACT 96-7PK Motion made by Member Paulus
and seconded by Member Maetzold to reject bid for park fencing contract 96-7PK and to
authorize rebid.
Motion carried on rollcall vote - five ayes.
"BID AWARDED FOR RENTAL OF TRACTOR BACKHOE WITH HYDRAULIC HAMMER Motion
made by Member Paulus and seconded by Member Maetzold for award of bid for rental of
tractor backhoe with a hydraulic hammer to recommended low bidder Ziegler, Inc., at
$12,764.01.
Motion carried on rollcall vote - five ayes.
BID AWARDED FOR EDINA AQUATIC CENTER RENOVATION Park Director Keprios noted bids
were opened October 16, 1996, for the renovation of the Edina Aquatic Center. Plans included
replacement of the worn filtration system, replacement of the bath house and expansion of the
wading pool. Council was informed at the October 21, 1996 meeting that the bids were approximately
,35% higher than anticipated and that staff would be working on details and reporting their results.
Director Keprios explained the engineering consultant and contractors believe re-bidding the project
at a later date would not result in lower bids. The contractor, Meisinger Construction has agreed to
reduce his original bid by $1 08,305.00 by accepting a variety of pre-construction change order
reductions as follows: reduction in quantity of plastic lockers, changing fiberglass doors to galvanized
steel doors, elimination of cabinets and small wall lockers, etc. Most of the reductions could be added
back when additional funding becomes available.
Member Maetzold recommended rather than putting the wading pool renovation on hold until funds
are available, it should be done now to complete the complex during one major disruption. A
renovated and enlarged wading pool would, 1) attract many more users, 2) become competitive with
surrounding cities, and 3) generate more revenue.
Following a brief Council discussion, Member Smith made a motion for award of bid for the Edina
Aquatic Center renovation to Meisinger Construction at $1,403,395.00, for
architectlengineering fees to Woodward-Clyde Inc. at $1 03,000.00 for a total package of
$1,506,395.00.
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MinutesIEdina City CouncilINovember 4.1996
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*BID AWARDED FOR LEWIS PARK AND NORMANDALE PARK HOCKEY RINKS FENCING
Motion of Member Paulus and seconded by Member Maetzold for award of bid for Lewis Park
and Normandale Park hockey rinks fencing to recommended low bidder, Finley Brothers, lnc.,
at $13,114.76.
Motion carried on rollcall vote - five ayes.
REQUEST FOR 1997 4TH OF JULY PARADE APPROVED Manager Rosland noted Mary Beth
Carpenter, Chair of the 1996 4th of July Parade expressed a desire to continue the tradition in 1997.
A slight cost for police protection was the main 1996 City expenditure but he suggested setting a
budget amount for the 4 997 Parade of $2,000.00.
Member Kelly made a motion supporting City participation in the 1997 4th of July parade and
to include a budget not to exceed $2,000.00. Member Smith seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*HEARING DATE SET OF DECEMBER 2.1996. TO CONSIDER INCREASE IN WINE AND BEER
LICENSE FEES Motion of Member Paulus and seconded by Member Maetzold setting
December 2,1996, to consider an increase in wine and beer license fees.
Motion carried on rollcall vote - five ayes.
*NINE MILE CREEK WATERSHED DISTRICT MANAGEMENT PLAN APPROVED Motion of
Member Paulus and seconded by Member Maetzold to approve the Nine Mile Creek Watershed
District Plan as presented and on file in the office of the City Clerk.
Motion carried on rollcall vote - five ayes.
*HEARING DATE SET OF NOVEMBER 18.1996, FOR IMPROVEMENT NO. L-39. STREET
LIGHTING (SHAUGHNESSY ROAD) Motion of Member Paulus and seconded by Member
Maetzold setting hearing date of November 18,1996, for street lighting improvement No. L-39
for Shaughnessy Road between 5808 W. 78th Street and 7732 Shaughnessy Road.
Motion carried on rollcall vote - five ayes.
*RENEWAL OF REFUSElRECYCLlNG COLLECTION SERVICES CONTRACT APPROVED
Motion of Member Paulus and seconded by Member Maetzold renewing the 1997
refuse/recycling collection services contract for City properties to Quality Waste Control for
1997.
Motion carried on rollcall vote - five ayes.
ASSOCIATION OF METROPOLITAN MUNICIPALITIES POLICY ADOPTION MEETING NOTED
Manager Rosland noted the Association of Metropolitan Municipalities Policy Adoption Meeting will
be held Thursday, November 14, 1996. He stated he would attend and encouraged Members
interested in attending to make their wishes known to staff.
RESOLUTION SETTING HEARING DATE OF DECEMBER 2.1996. FOR REVENUE/ REFUNDING
BONDS FOR FAIRVIEW HOSPITAL Attorney Gilligan indicated the City received a request from I
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MinutedEdina Citv CouncWNovember 4.1996
Fairview Hospital and Healthcare Services that the City consent to the issuance by the City of
Minneapolis of tax-exempt revenue bonds under Minnesota Statutes, Section 469.152 to 469.165,
to finance the replacement of a cooling tower and chillers at Fairview Southdale Hospital and refund
bonds issued by the City in 1989 to finance Fairview Southdale improvements. The City previously
consented to Minneapolis issuing revenue bonds under this authority on behalf of Fairview to finance
improvements to the Hospital. State and federal law requires that the City hold a public hearing on
the proposed financing.
The bonds would be issued as part of a larger issue by Minneapolis to finance Fairview’s acquisition
of the University of Minnesota Hospital and costs related to the consolidation of the University
Hospital with Fairview Riverside Medical Center. Approximately $20,000,000 of the principal amount
of the bonds would be used to finance the Fairview Southdale improvements and refund the 1989
City of Edina bonds.
The debt service on the bonds will be payable solely from payments to be made by Fairview, and the
City will not have any liability with respect to the bonds. Fairview will pay all City expenses with
respect to the bonds, and upon issuance of the bonds will pay the City a fee in accordance with the
City’s guidelines for issuance of revenue bonds.
Attorney Gilligan said if the Council wishes to proceed with the issuance of the bonds, a resolution
should be adopted setting a public hearing on the bonds for the December 2, 1996, Council meeting.
Attorney Gilligan introduced Dave Finn, representative from Fairview Hospitals, who was in
attendance to answer Council’s questions and concerns.
Member Paulus introduced the following resolution and moved its approval:
RESOLUTION CALLING FOR A PUBLIC HEARING ON
AN ISSUE OF REVENUE BONDS ON BEHALF OF
FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as
follows:
I. Fairview Hospital and Healthcare Services, a Minnesota nonprofit corporation
(Fairview), has advised this Council of its desire to (i) finance the construction and
improvement of certain facilities of Fairview located in the City (the Project), and (ii) refund
the outstanding Hospital System Revenue Bonds, 1989 Series A (Fairview Hospital and
Healthcare Services) (the 1989 Bonds), previously issued by the City on behalf of Fairview,
the proceeds of which were issued to finance the construction and improvement of certain
facilities of Fairview located in the City.
Fairview has advised the City that it has requested Minneapolis to issue revenue
bonds (the Revenue Bonds) under the authority of Minnesota Statutes, Sections 469.152
through 469.165, to among other things, finance the Project and refund the 1989 Bonds.
Since the Project and the facilities financed by the 1989 Bonds are located in
the City, Section 147(f) of the Internal Revenue Code of 1986, as amended and regulations
promulgated thereunder, require that prior to the issuance of the Revenue Bonds, this Council
approve the Bonds and the refunding, after conducting a public hearing thereon. A public
hearing on the proposal to issue the Revenue Bonds to finance the Project and refund the
1989 Bonds is hereby called and shall be held on December 2,1996, at 7:OO o’clock P.M., at
the City Hall.
’ The City Clerk shall cause notice of the public hearing, in substantially the form
attached hereto as Exhibit A, to be published in the Edina Sun Current, the official newspaper
2.
3.
4.
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MinuteslEdina City CouncillNovember 4.1996
of the City and a newspaper of general circulation in the City, once not less than 14 days prior
to the date fixed for the public hearing.
Adopted by the City Council of the City of Edina on this 4th day of November, 1996.
Motion seconded by Member Maetzold. I
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
CLAIMS PAID Member Smith made a motion to approve payment of the following claims as
shown in detail on the Check Register dated October 30,1996, and consisting of 30 pages:
General Fund $431,975.98; C.D.B.G. $1 0,077.00; Communications $955.56; Working Capital
$1541 I .95; Art Center $10,536.85; Swimming Pool Fund $47.21; Golf Course Fund $32,419.16;
Ice Arena Fund $9,895.20; Gun Range Fund $702.65; EdinboroughlCentennial Lakes
$1 8,295.82; Utility Fund $335,695.1 6; Storm Sewer Utility Fund $496.63; Liquor Dispensary
Fund $21 0,812.26; Construction Fund $3,148.74; Park Bond Fund $102,300.54; TOTAL
$1,182,770.71. Member Kelly seconded the motion.
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 850 P.M.
f I eity Clerk
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