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HomeMy WebLinkAbout19970616_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 16,1997 -- 7:OO P.M. ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, and Mayor Smith. CONSENT AGENDA ITEMS APPROVED Motion made by Member Kelly and seconded by Member Hovland to approve and adopt the Consent Agenda as presented except items: 1V.B. Park Ballfield Regrading at Braemar & Pamela Parks, Contract 97-6PK and 1V.C. Insurance Renewal, Workers Compensation, General Liability, Equipment, Liquor & Pollution. Rollcall: Ayes: Faust, Hovland, Kelly, Smith Motion carried. MINUTES OF THE REGULAR MEETING OF JUNE 2. 1997, APPROVED Motion made by Mayor Smith and seconded by Member Kelly approving the Minutes of the Regular Meeting of June 2, 1997, correcting page five paragraph eight to read "Ayes: Hovland, Kelly, Maetzold, Smith and Nay: Faust." Motion carried on rollcall vote - four ayes. SANiTARY SEWER EXTENSION IMPROVEMENT PROJECT NO. SS-389 ORDERED Engineer Hoffman explained the property owner of a new lot on Evanswood Lane petitioned the City requesting installation of a sanitary sewer line along Evanswood Lane, servicing the new home at 5311 Evanswood Lane. The estimated cost is $12,355.05 for the project. The cost would be specially assessed over a ten year period if the project is approved. The propetty owner, Charles Gits, requested the City proceed, but reserves the option to install the work privately if bids come in higher than the estimated cost. Engineer Hoffman stated staff concurs with Mr. Gits' request noting if Mr. Gits hires a private installer, the project still needs to be done to City specifications. Member Kelly introduced the following resolution and moved its adoption, seconded by Member Faust: RESOLUTION SANITARY SEWER INSTALLATION 5311 EVANSWOOD LANE ORDERING IMP. NO. SS-389 WHEREAS, a certain petition requesting the installation of sanitary sewer to WHEREAS, the City Engineer has determined the project is feasible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, 1. Sanitary sewer installation for service at 5311 Evanswood Lane Improvement No. SS-389 is hereby ordered; 2. The City Engineer is hereby ordered to prepare plans and specifications for said project; and 3. The City Engineer is authorized to advertise for bids. Adopted by the City Council this 16th day of June, 1997. serve 5311 Evanswood Lane was received by Council May 19,1997; and MINNESOTA: Rollcall: Ayes: Faust, Hovland, Kelly, Smith Motion carried. MinuteslEdina City CounciVJune 16.1997 WATERMAIN EXTENSION. COVENTRY FOURTH PHASE. PROJECT NO. WM-380 ORDERED I Engineer Hoffman noted that Laukka, Jarvis, Inc. petitioned the City requesting the extension of watermain to the Coventry Project Buildings 6 & 7. This watermain extension is the last public improvement necessary for the Coventry project. The estimated cost is $37,277.85. The development costs are recovered as each unit is closed between the Edina HRA and the developer. Staff recommended proceeding with the project as requested. Member Faust introduced the following resolution and moved its adoption, seconded by Member Kelly: RESOLUTION WATERMAIN EXTENSION COVENTRY FOURTH PHASE ORDERING IMP. NO. WM-380 WHEREAS, a certain petition requesting the extension of watermain to serve WHEREAS, the City Engineer has determined the project is feasible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, 1. Watermain extension for Coventry 4'h Phase, Improvement No. WM-380 is 2. The City Engineer is hereby ordered to prepare plans and specifications for 3. The City Engineer is authorized to advertise for bids. Adopted by the City Council this 16'h day of June, 1997. the Coventry Fourth Phase was received by Council June 2,1997; and MINNESOTA: hereby ordered; said project; and Rollcall: Ayes: Faust, Hovland, Kelly, Smith Motion carried. FINDINGS ADOPTED DENYING FINAL DEVELOPMENT PLAN AND PLAT APPROVAL (5229 EDEN AVENUE!. FOUR S PROPERTIES Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen explained and presented Findings of Fact and Conclusions of Law prepared by staff at the direction of the City Council, in the matter of the application of Four S Properties, Inc. for Final Development Plan and Preliminary Plat at 5229 Eden Avenue (P-97-3) and (S-97-5). He noted the Findings need to be amended to reflect the representatives present for Four S Properties. Planner Larsen reported the Findings had been sent to William Griffith, attorney for Four S Properties, Inc. A reply was received from Mr. Griffith Friday afternoon and included in the Council's background packet. Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd., 7900 Xerxes Avenue Bloomington, MN 55431 , representing Four S Properties, Inc. addressed the Council regarding the proposed findings and previous written submittals of William Griffith. Mr. Keane asked that all previous submittals of Mr. Griffith be made part of the written records in this matter. Mayor Smith acknowledged the request and directed the City Clerk to place all submittals on file in the Clerk's office. Mr. Keane responded to the proposed findings as follows: I. The subject property is designated and guided by Edina's Comprehensive Plan for Industrial Use. 2. The current Industrial Zoning of the subject property agrees with the Comprehensive Plan. Page 2 MinuteslEdina City CouncillJune 16.1997 3. It is the opinion of the proponent that their application for Final Development Plan complies in all respects with the Edina’s Code. 4. In response to City Finding #2, the proponent maintains City staff has made an erroneous interpretation of its Zoning Code. Mr. Keane cited Mr. Griffith’s May 31, 1997 submittal to the Edina City Council, “Attachment M”, Affidavit of Greg H. Ingraham, “Attachment N”, A Graphic Depiction of a mini-storage with ten foot landscaped easement, and “Attachment O”, Fifteen Photographs of locations in Edina not in compliance with the ten foot landscape setback, to support his position of an inappropriate interpretation of the Zoning Code. 5. The proponents believe their project is less intense, of a lower building profile, has more landscaping and is overall of a higher quality than any other proposals entertained for the subject property. 6. Finally, the submittals of the proponent support approval of the request and proponent urged the Council to approve his Final Development Plan and Preliminary Plat. I Mayor Smith noted Mr. Keane had the opportunity to present all the legal arguments this evening that Council had previously asked Mr. Griffith to hold when making his June 2, 1997 presentation on development issues. Mr. Keane responded stating that all submittals have been provided, and presentations have been made by the proponent and their representatives. Mr. Keane stated he believed when the chronologies of events are reviewed the proponents have been treated less than equitably. Public Comment Bob Thomale, 5400 Edenmoor Street, stated he had not yet seen the plan as proposed by Four S Properties. Planner Larsen briefly reviewed the proposal for the mini-storage facility proposed for the Lewis Engineering site. Dick Peterson, 5236 Edenmoor Street, asked where the entrances and exits are proposed for the mini-storage facility and what impact will these entrances and exits have on Kunz Oil. Planner Larsen explained the mini-storage facility will have an entrance/exit accessing Eden Avenue and nothing on Eden Circle. He added the Kunz Oil and proponent would have to work out their “easement issues.” Kunz Oil could use Eden Circle to access its property if necessary. I John Menke, 5301 Pinewood Trail, stated he just got notice of the hearing. He supports a mini- storage development over an office development. LeRoy Fish, 6017 St. John’s Avenue, asked if the subject property was close to Our Lady of Grace. Planner Larsen explained the property is on the other side of the railroad from Our Lady of Grace. No other public comment was heard. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, the Edina Planning Commission has recommended the City Council deny the final development plan and preliminary plat request of Four S Properties; and WHEREAS, the Edina City Council has listened to the developer’s presentation and taken public comments relative to said final development plan and plat application of Four S Properties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Edina, Minnesota hereby adopts the attached Findings of Fact and Conclusions of Law denying the application for final development plan and plat of Four S Properties. Member Hovland seconded the motion. Rollcall: I Page 3 MinuteslEdina City CouncillJune 16.1997 Ayes: Faust, Hovland, Kelly, Smith Motion carried. PUBLIC HEARING HELD: PRELIMINARY REZONING GRANTED FIRST READING PLANNED INDUSTRIAL DEVELOPMENT TO R-I SINGLE DWELLING DISTRICT. 5229 EDEN AVENUE, CITY OF EDINA Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen explained the City initiated the rezoning of the property located at 5229 Eden Avenue from Planned Industrial Development to R-I , Single Dwelling Unit District. Planner Larsen noted the R-I designation is used as a holding zone for property as well as used for residential property. Staff recommends changing the zoning to R-I at this time to ensure the site is properly redeveloped. Public Comment John Menke, 5301 Pinewood Trail asked what could be built in an R-I zone without holding another public hearing. He requested the Council not waive the second reading of the rezoning to allow the neighbors time to react to the rezoning. Planner Larsen explained the property could be developed with single family dwellings without an additional public hearing. Other uses such as churches or day cares would require a conditional use permit and subsequent public hearing. Tim Keane, representing Four S Properties, stated they have not been consulted on the proposed rezoning and have not had opportunity to review the rationale for the rezoning. Mr. Keane questioned the City’s motive in the rezoning because of concurrent eminent domain proceedings. Four S Properties bought the subject property because of the current industrial zoning. Mr. Keane stated Four S Properties strenuously objected to the proposed rezoning. Council briefly discussed the proposed rezoning of the property at 5229 Eden Avenue noting that granting only first reading would allow neighbors time to review the proposed rezoning. Member Hovland moved to grant first reading to Ordinance property located at 5229 Eden Avenue from Planned Industrial Unit District. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Smith Motion carried. No. 85OA-I1 rezoning the District to Single Dwelling PRELIMINARY PLAT APPROVED. HALLA DIVISION. 6601 MOHAWK TRAIL. DON AND SANDY HALLA Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen explained the subject property is a developed single dwelling property containing 87,150 square feet in area. The existing home is located in the northerly portion of the lot. The property owners Don and Sandy Halla have requested subdividing the property, creating one new lot. The proposed lots both meet or exceed ordinance size and area requirement of Edina’s code. The proponents indicated the new lot would share the existing driveway. This would allow improved access to the new building site and reduce disturbance to the property from development. The subject property has relatively steep slopes. Recent subdivisions in the area have provided a 40 foot conservation restriction area adjacent to the street. Page 4 I - CITY OF EDINA In the Matter of the Application of Four S Properties, Inc. for Fhd Development Plan and Preliminary Plat at 5229 Eden Avenue (P-97-3) and (S-97-5) Findings, Decision, Reasons The above entitled matter was heard before the City Council, City of Edina, on June 2,1997, and June 16,1997. Pat Stotesbery, and Todd Jones of Four S Properties (the “Proponents”) were present. Also present representing Four S Properties, at the June 2, 1997, meeting were William Griffith, attorxy, Roger Anderson, engineer, and Greg Ingraham, planner and landscape arcktect. Pat Stotesbery and attorney Tim Kesne were present at the June 16,1997, hei?ring. The City Council, having heard all of the facts and arguments presented by the Proponents, their attorney, engineer, planner, City staff,and property owners in the vicinity of subject proposal, and having heard and reviewed the evidence and law adduced by the Proponents, their I representatives, City staff, and property owners, and being fully advised, after due consideration, hereby makes the following: - FINDTNGS OF FACT: 1. The Proponents, on February 27, 1997, submitted’an application for Final Development Plan and Preliminary Plat approval for a 6.1 acre tract iixsed at 5229 Eden Avenue. The property is zoned PID, Planned Industrial District, and is developed with a manufacturing facility which has been vacant for years. City staff reviewed the application for completeness, and accepted the application for processing on March 6, 1997. . 2. The proposed Final Development Plan illustrated a redevelopment of the property with a six building mini-storage warehouse facility. The six buildings would contain a total floor area of 134,421 square feet. The site plan also illustrated 71 parking stalls and driveways to serve each building. Edina City Code Section 850 (the “Zoning Ordinance”) requires that two-way drive aisles provide a minimum width of 24 feet. A portion of one of the drive aisles had a width of less than 24 feet. The Zoning Ordinance also requires that all parking and drive aisles provide a set- back of at least 10 feet from buildings. This area is required to be landscaped. None of the buildings illustrated the required setback or landscaping. 3. The Planning Commission first heard the Final Development Plan proposal at its April 2, 1997 meeting. At the request of City staff, the Planning Commission voted to continue the hearing to its April 30,1997, meeting. Tim Keane, attorney representing the Proponents, was present. 4. The Planning Commission again considered the proposal at its April 30, 1997, meeting. The Commission received the report of the Planning Department, considered testimony by the Proponents and their representatives, and considered testimony from David Kunz, owner of the adjacent Kunz Oil-Parts Plus property who testified as to a private, 16 foot wide easement in the central portion of the subject property which connects his property to Eden Avenue. He testified that the proposed development would compromise his use of the easement. The Planning Commission voted to recommend denial of the proposed Final Development Plan and Pre’iminary Plat based upon the variances requested, and because the proposed land :~se was inappropriate for the subject property. 5. On May 23,1997, the Proponents submitted a revised site plan and revised landscaping plan. The revised site plan eliminated the drive aisle width variance present on the earlier plan. The revised landscaping plan provided the required building setback and landscaping on the northerly side of four of the six buildings within the proposed project. The required setback variance remained throughout - the balance of the proposed development. 6. A public hearing on the proposed Final Development Plan and Preliminary Plat was held before the Edina City Council on June 2, 1997. The City Council received 7. both the original and revised devehpment plans. The City Council received the recommendation of the Planning Commission, heard presentations from the Proponents and their representatives, and testimony from Walter Kunz, owner of Kunz Oil- Parts Plus, the adjacent property. Mi. Kunz testified that the proposed security system intended to limit access to the site was in conflict with the easement through the subject property and was unacceptable. Mr. Kunz also testified that the layout of the buildings and parhg within the proposed project may make the easement unusable. The City Council, after receiving the report of the Planning Commission, and after hearing testimony from City staff, the Proponents and their representatives, and a property owner in the vicinity coTtinued the hearing to their June 16,1997 meeting. Section 810.11 of the Edina City Code says the City louncil may consider " The relationship of the design of the site, or the improvements proposed and the conflict of such design or improvements, with any easements of record or on the ground." 8. The City’s Comprehensive Plan contains the following policies: a. Consider the redevelopment of obsolete or underutilized commercial, industrial, or public properties for multiple residential housing. b. Undertake a detailed study of the Grandview Industrial/Commercial area to determine the feasibility of a public redevelopment project. ( The subject property is within the Grandview Area.) c. The Comprehensive Plan Land Use graphic, adopted December 21, 1981, illustrates the subject property as “Industrial.” The graphic was not updated to reflect subsequent land use plans for this property, or other properties within the Grandview Area. 9. The Grandview Area Redevelopment Plan was approved by the City’s Housing and Redevelopment Authority (the “HRA”) in 1984 following a detailed study of this Commercial/ Industrial area (the “ Grandview Area”). The subject property is included in the area subject to the Plan, and was identified as blighted in !he plan. 10. for the City Council and HRA. The study suggested redevelopment of the subject In January 1986, BRW,Inc. completed a planning study of the Grandview Area property as medium density residential housing, or with office/showroom use. The City Council and HRA adopted the recommendations of the study. - 11. Subdivision Ordinance”) says in part: The Purpose and Objectives subsection of Section 810 of the City Code (“the “ .... To support and further the City’s Comprehensive Plan by establishing uniform procedures and regulations for plats and subdivisions to preserve and enhance the value and viable economic use of property; to protect and further, and not frustrate, legitimate investment backed expectations of property owners.” 12. On October 30, 1995, the City retained Hoisington Koegler Group, land use planning consultants, to evaluate a redevelopment proposal for the subject property and the adjacent Kunz Oil-Parts property, and to study and make recommendations on possible larger redevelopment alternatives within the Grandview Area. The consultant presented recommendz kns to the City Council and HRA at their December 4, and December 19,1995, meethgs. Recommendations for the area south of Eden Avenue, which included the subject property, included combinations of office, retail and residential redevelopment. The recommended redevelopment plan placed office uses on the northerly portions, near Eden Avenue, and residential uses in the southerly area. A key element in all alternatives was the provision of direct access to Eden Avenue for .. properties located south of the subject property. The Proponents entered into a purchase agreement to acquire the subject property on January 9, 1997, which was subsequent to the planning studies and recommendations adopted by the City. - 13. The City Council granted preliminary approval to a redevelopment of the subject property and the adjacent property occupied by Kunz Oil-Parts Plus, a 25,000 square foot building housing an auto parts distribution center on February 5, 1996. The City Council to& its action after receiving the report of its planning consultant, the Hoisington Koegler Group. Fred Hoisington of Hoisington Koegler reported that the proposed redevelopment was consistent with the recommendations contained in the land use study of the area prepared by his firm. On June 15,1996, The City Council gave Final Rezoning and Final Plat approval to a redevelopment the subject property and an adjacent property. The approved plan illustrated a development containing approximately 85,000 square feet of office space on the northerly portion of the site, and an upgraded and expanded warehouse business. A condition of final approval was the relocation and enlargement of the existing easement which allows the Kunz Oil property direct access to Eden Avenue. The Proponents agreed to purchase the property after thg City had appved the foregoing redevelopment. I Therefore, based upon the foregoing findings the City Council does hereby make the following: DECISION The proposed Final Development Plan and Prelirn.inary Plat is hereby denied. The above decision is made for the following: REASONS 1. The proposed use is inconsistent with the intent of the Comprehensive Plan, the Grandview Area Redevelopment Plan, and planning studies by BRW,Inc. , and the Hoisington Koegler Group completed for this and other properties in the vicinity. 2. The proposed plan requires variances from the City’s Zoning Ordinance fc=.vhich a hardship has not been demonstrated. The plan could be redesigned to eli-ninate most, if not all requested variances. 3. The proposed development results in an arrangement of buildings and lots which are detrimental to the use, development and redevelopment of other properties in the vicinity. 4. The proposed Preliminary Plat does not provide a public easement allowing properties south of the subject property direct access to Eden Avenue. Rather it would force this commercial traffic to use Eden Circle causing conflicts with residential traffic of the Richmond Hills neighborhood, and would not allow for adequate access by public safety vehicles. MinuteslEdina City CouncilNune 16.1997 Planner Larsen noted the receipt of statements from approximately nine neighbors showing no opposition to the subdivision. Some of the neighbors requested the property have a forty-foot conservation restriction from Mohawk Trail. Planner Larsen concluded stating the Planning Commission recommended approval of the proposed preliminary plat subject to: 1. Final Plat Approval; 2. Subdivision Dedication Fees; 3. Utility Connection Charges; and 4. Forty Foot Conservation Restriction Along Mohawk Trail. The proponents, Don and Sandy Halla, indicated their willingness to answer any questions of either the Council or the public. Council briefly discussed the proposed subdivision. No public comment was offered. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO HALLA DIVISION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, “HALLA DIVISION”, platted by Don and Sandy Halla, and presented at the regular meeting of the City Council on June 16, 1997, be and is hereby granted preliminary plat approval with four conditions: Final Plat approval, Subdivision Dedication, Utility Connection Charges, and Forty-foot Conservation Restriction along Mohawk Trail. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Smith Motion carried. I Passed this 16th day of June, 1997. *BASKETBALL COURTS AT LEWIS. UTLEY & WEBER PARKS. CONTRACT 97-2PK BID AWARD CONTINUED TO JULY 7, 1997 Motion made by Member Kelly and seconded by Member Hovland to continue the award of bid for the Basketball Courts at Lewis, Utley & Weber Parks, Contract 97-2PM to the meeting of July 7,1997. Motion carried on rollcall vote - four ayes. BID AWARDED FOR BALLFIELD REGRADING AT PAMELA PARK Member Hovland asked for a description of what work is planned to be done with the regrading of the Pamela Park ballfields. Park Director Keprios explained the fields have settled over the years and they will be regraded to make them level and improve the safety. Member Hovland moved, seconded by Member Kelly to award the bid for regrading of the ballfields at Pamela Park to recommended low bidder Friedges Landscaping, Inc. at $1 I 1,000.00. Ayes: Faust, Hovland, Kelly, Smith Motion carried. I Page 5 MinuteslEdina City CouncillJune 16.1997 BID AWARDED FOR 1997-98 WORKERS COMPENSATION. GENERAL LIABILITY, EQUIPMENT. LIQUOR AND POLLUTION INSURANCE Member Hovland complimented the City staff on the excellent safety records demonstrated by the reduction in insurance premium of over $100,000. Member Hovland moved, seconded by Member Faust to award the bid for the 1997-98 Workers Compensation, General Liability, Equipment, Liquor and Pollution Insurance to recommended low bidder, St. Paul Fire & Marine Company at $397,963. Ayes: Faust, Hovland, Kelly, Smith Motion carried. *BID AWARDED FOR 1997-98 PROPERTY INSURANCE Motion made by Member Kelly and seconded by Member Hovland to award the bid for the 1997 Property Insurance to the recommended low bidder, Travelers at $41,750. Motion carried on rollcall vote - four ayes. *TRAFFIC SAFETY REPORT OF JUNE 2. 1997 APPROVED Motion of Member Kelly, seconded by Member Hovland approving the following actions recommended in Section A of the June 2,1997 Traffic Safety Report: I. Add a “Winding Road” sign (Wl-5) with an addition of an Advisory Speed plate (W13- I) of “20 MPH” to the “Dead End” sign at the beginning of Timber Ridge Road; 2. Install 2-hour parking signs at 6304 York Avenue; 3. Install “Reverse Curve” sign (Wl-4) with a “15 MPH” advisory speed plat (W13-I) at the entrance to Woodland Road at Wooddale and also at the entrance to Woodland Road at the intersection of Brookview and Woodcrest Drive. 4. Leave “NO Parking Anytime” sign in place on the west side of the 7100 block of Lynmar Lane; and to acknowledge Sections B and C. I Motion carried on rollcall vote - four ayes. LOCAL INITIATIVE PROJECT WITH MNlDOT AUTHORIZED Engineer Hoffman reminded Council that a month ago he presented two potential projects intended to be sent to Mn/DOT for the Municipal Agreement Program. This is a program which allows cities to submit projects for State participation. Engineer Hoffman submitted the following two projects in which the State expressed interest: I. An interchange improvement at W. 77” Street and TH 100. The project would provide five lanes over TH I00 between the Pentagon Park Drive (on the east) and Metro Boulevard (on the west). This would be the first leg of a traffic managemenVcapacity improvement for the 772h Street corridor from Parklawn to East Bush Lake Road. Preliminary estimated cost is $640,000. Approximately $160,000 would come from Mn/DOT with the remaining cost being funded through State Aid Funds. 2. France Avenue/Crosstown Highway 62 Interchange. This project involves Hennepin County, MnlDOT and Edina. The preliminary estimate is $400,000. The cost split would be approximately 50% Mn/DOT, 25% Hennepin County and 25% City of Edina. Engineer Hoffman explained he recommends Council authorize preparation of preliminary plans for the two projects, and proceeding with submittals to the County and State. I Member Hovland made a motion directing staff to proceed with developing plans for the two previously described projects and proceeding with procuring necessary approvals from the County and State. Member Kelly seconded the motion. Ayes: Faust, Hovland, Kelly, Smith Motion carried. Page 6 MinuteslEdina City CouncillJune 16, 1997 1-494/TH 169 INTERCt GE STAT1 S UPD, ;TE Manager Rosland updated the Council regarding the 1-494 and TH 169 Interchange. Mn/Dot is reconstructing the interchange and the project involved purchasing some land from Edina. Concurrently, the Cities of Bloomington and Edina were doing the W. 78*h Street traffic corridor study. The study indicated that a frontage road should be built along TH 169 to Valley View Road. The Mn/DOT interchange project did not encompass this City project. The State had initiated condemnation proceedings for quick take of Edina property needed for the interchange. However, City staff proposed that Mn/DOT and the City exchange land. The City could build the frontage road on Mn/DOT property and Mn/DOT could build a water storage pond on City property leaving the City with a building site of about 116,000 square feet. This solution would end the condemnation proceedings. Manager Rosland reported Mn/DOT appears willing to move forward with the land exchange. Member Faust made a motion directing staff to prepare the proper design and agreement documents for the concept as presented for the 1-494/T’H 169 interchange land exchange with MnJDOT. Member Kelly seconded the motion. Ayes: Faust, Hovland, Kelly, Smith Motion carried. MINNEHAHA WATERSHED DISTRICT REGIONAL PONDING Engineer Hoffman explained that during the review of the Minnehaha Creek Watershed District Water Resources Management Plan, the capital improvements program identified regional water detention basins needed to be constructed within sub-basins of the District for water quality enhancement. The plan also identified projects’ needed along Minnehaha Creek for erosion control and stabilization. The City will be required to develop a stormwater management plan since both Nine Mile and Minnehaha Creek Watershed Districts have approved plans by the Board of Soil and Water Resources. Engineer Hoffman noted staff met with representatives of the Minnehaha Creek Board to discuss a cooperative project. The cooperative agreement would in effect have a water quality pond program established with the District that could be used to serve as mitigation for City requirements in other parts of the watershed where, due to a lack of available space, ponding is not possible. City staff identified a location along Minnehaha Creek in Pamela Park along W. 58th Street on the northerly end for a potential pond. Engineer Hoffman noted a Pamela Park water quality pond would also serve to reduce flood potential. He added staff is currently conducting a feasibility study on the Pamela Park area to determine if it meets water quality requirements. If the project is determined to be feasible and Council concurs then staff would recommend entering into a cooperative agreement with the Minnehaha Creek Watershed District. Council briefly discussed the proposed pond area. Concern was expressed over the use of “firm” land area as opposed to “soft” area, the notification and reaction of area residents, location of the proposed pond, and safety issues’with neighborhood children in the proximity of such a pond. Mayor Smith directed staff to pursue the development of a water quality pond, researching the various issues and report findings to Council at a later date. MORATORIUM ORDINANCE REQUESTED REGARDING RIGHT-OF-WAY ENCROACHMENT Assistant Manager Hughes stated KMC Telecom, Inc., a privately-held company specializing in the development of local telecommunication networks approached the City with a proposal. KMC provides alternative local telecommunication networks offering state-of-the-art fiberoptic systems, primarily for businesses. KMC is seeking permission to install fiberoptic cable within various street Page 7 I MinuteslEdina City CouncillJune q6.1997 rights-of-way in Bloomington and Edina. The cable would be located primarily in rights-of-way adjoining businesses. The cable would be installed within conduits within the boulevard via directional boring machinery, thereby limiting the necessity for open trenching. Assistant Manager Hughes noted that shortly after the City received KMC‘s request, Governor Carlson signed into law Chapter 123, clarifying the rights and obligations of cities regarding management and regulation of telecommunication carriers using public rights-of-way. The new law clearly provides that telecommunications carriers are entitled to use public right-or-way for their system. Cities may regulate installations through the issuance of permits and may charge fees for actual costs associated with permit applications, inspections and restoration. Cities’ fees must be competitively neutral and must be proportionately allocated among all the users of the right-of-way. The law specifically prohibits cities from demanding in-kind services as a condition of permit issuance. Assistant Manager Hughes stated an important point of the proposed agreement with KMC is they would be required to comply with any and all terms of an ordinance the City enacts, governing use of their rights-of-way and they would reimburse the City for any fees set by such an ordinance. Attorney Gilligan added the new law provides telecommunication carriers the right to use the City’s right-of-way to install fiberoptic cable. The City can regulate the carriers similarly to other users of the right-of-way and can charge a fee. The fee should be based on the City’s costs and the same fee must be charged to all carriers. He added the City could install a conduit, but could not force carriers to use the City’s conduit. Council discussed the proposed agreement, new law Chapter 123, methods of regulating carriers’ installations in public rights-of-way. Council expressed concern that standards are needed for regulating the installations in public rights-of-way. Consensus was that a moratorium ordinance is needed while a study is completed and an appropriate ordinance drafted for adoption by Council. Mayor Smith directed staff to bring a moratorium ordinance to the next Council meeting for consideration. SENIOR CENTER PRESENTATION City Manager Rosland noted there has been concern with the location and senior parking of the present Edina Senior Citizen Center located in the Community Center on Normandale Road. Council had directed staff to review options. During the review, the potential of working with the Southdale YMCA became known. The Southdale Y is expanding and the City could piggyback a new Senior Center onto their expansion. A portion of York Park could be used for this facility. An architect has designed a senior center and the City has obtained a cost estimate from Amcon of $1,500,000 for construction. If the City proceeds building a new Senior Center in conjunction with the Southdale YMCA, each would be responsible for constructing their respective portions of the building. The City would own the Senior Center and 20% of the parking lot (designated senior parking). The YMCA would provide for maintenance of the facility at the Y’s expense. The YMCA would be allowed use of the senior facility when not needed or scheduled by Senior Programs. Joint use agreements would also govern memberships to both the YMCA and the Senior Center. Manager Rosland said to finance building the Senior Center, the City would need to sell bonds. The cost of the bonds could be paid back annually at about $135,000 out of the City’s Enterprise Funds over a twenty year period. The Enterprise Funds are financed first by the enterprise, then backed by Liquor Store revenues and finally the General Fund, if necessary. Page 8 MinutedEdina Citv CouncilNune 16,1997 Manager Rosland stated the potential expansion of the Senior Center with the YMCA has been presented to the Park Board for review. Recently, the Edina School District staff contacted the City and asked if the schools could look at a similar venture as proposed with the YMCA and the City. Manager Rosland will meet with Edina School staff to determine the feasibility of a collaborative effort. Manager Rosland indicated the YMCA is not in a hurry to proceed, so staff can investigate options, obtain and review proposals with the Park Board, and then come back to the Council with the results. The Council discussed the future of the Edina Senior Center. Issues included: timing of reviewing the various options, the need for transportation, concern that the “Edina Senior Center” identity be maintained if a facility is co-owned with the Southdale YMCA, submittal of any written data regarding the Senior Center to the Council, investigating with other entities a possible joint facility, the potential location of a City/School District facility, time constraints on use of existing facility, limitations of the existing facility, potential of looking for a “Senior Center” benefactor, possibility of remodeling the existing facility, and methods of funding the annual operating needs. Public Comment Jane Michaels, 410 Coventry Lane, thanked Council and staff for its consideration of the Senior Center issue. Virginia Bodine, 6525 Gleason Road, explained she has been on and off crutches since 1980. Ms. Bodine noted she previously had an office in the Community Center for a number of years, and for the last four years has been a member of the Senior Center. In her experience, parking is abysmal and a new center is desperately needed, hopefully, as soon as possible. Charles Feige, 661 6 Field Way, Community Education Advisory Council Chair, stated the District wants to improve service to seniors. He is investigating collaborative options with the School and noted that intergenerational needs of our community could possibly be addressed in this way. I Jean Fish, 6017 St. Johns Avenue, stated she is a member of the Senior Board urged that renting the Senior Facility when it’s not programmed by the Seniors not be overlooked. She added a two- story facility is not out of the question, if it has an elevator. The present Center does not even identify itself with a sign. Ms. Fish also noted, the sidewalks are not adequately shoveled in the winter to make them accessible for citizens in wheelchairs or electric vehicles. Edina’s current Senior Center also lacks an auditorium and kitchen facilities. Sue Weigle, 4140 Utica, St. Louis Park, noted she is the current Senior Center Director. Ms. Weigle stated a big issue with the Center is identity. Ms. Weigle added the current Center offers a cold feeling environment, but the relationship with Community Education is terrific and if the Center moves, it would be wonderful to take Community Education with the Seniors. An expanded facility could be made to feel more welcoming, allowing members to identify with the Center. Seniors who can identify with the Center develop a sense of ownership. Ms. Weigle stated it is through ownership that endowments might be obtained. Ms. Weigle offered to work with the Senior Council and submit their findings to the City Council. Lila Larson, 4800 School Road, observed the present Community Center does not present a friendly environment. Ms. Larson continued especially the senior men need a gathering place to visit over a cup of coffee. This would benefit both their physical and mental health. Page 9 MinuteslEdina City CouncillJune 16.1997 I. 2. 3. 4. 5. 6. 7. Andy Herring, noted he is a Park Board member and past chair of the Community Education Service Committee, but comments are expressed on behalf of himself. He stated he is not against moving the Senior Center. Mr. Herring expressed several concerns: I Selling another $1,500,000 in bonds while still spending the referendum money; Financing all current and planned projects, Le. City Hall remodeling; Currently spend $90,000 annually on the Senior Center; Moving to a different center will cost between $21 5,000 and $235,000; Concern over spending money in the southeast quadrant of Edina for other communities’ seniors; Believe there is a good history with Edina School, the City does not have the same history with the Y; and Do not believe there is any reason to hurry, think the time should be spent to pursue various options. LeRoy Fish, 6017 St. Johns Avenue, urged Council to move ahead with the Senior Center. He stated the current seniors are getting older and reminded that young people will eventually be seniors. Seniors need a place where they can gather and socialize. Virginia Bodine added that if the cost of the Senior Center membership is too high then the very people who need the center will be excluded. She added the proposed collaboration with the YMCA does have the advantage of being served by bus transportation in eastern Edina. Mayor Smith noted his concerns with a joint City/School District Center. He polled the Council and consensus was to direct staff to continue working with the various agencies that have come forward to investigate the best option for the City. Staff will work with the seniors and the Park Board to bring forward information on use, advantages and shortcomings of the existing Senior Center. A report will be brought back to Council in the near future. I PETITIONS RECEIVED FOR TOWNES & MAPLE ROADS SIDEWALK AND STORM SEWER, 52ND STREET Motion of Member Kelly, seconded by Member Hovland to receive the petition from Patti Eastman for sidewalk on the north side of Townes and west side of Maple Road, and the petition from Jane Ladky requesting storm sewer at 4429 West 52”d Street and to refer the petitions to engineering for processing as to feasibility. Motion carried on rollcall vote - four ayes. VENDOR QUESTIONS ANSWERED RE: GOLF DOME BID AWARD John McCray and Cory Linsmeyer, 2620 County Road D, White Bear Lake, Minnesota Air Structures, expressed concerns regarding the process followed by the City in advertising for bids for the Golf Dome replacement. Mr. McCray stated he does not subscribe to the Edina Sun-Current or the Construction Bulletin, the two publications where the City advertised. Consequently, Mr. McCray stated he did not have an opportunity to submit a bid because he did not know of the project. Mayor Smith informed the men Edina had followed Minnesota Statutes and the City’s policy in advertising and receiving bids for the dome replacement. He advised the men to discuss their concerns with Manager Rosland. 1996 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND MANAGEMENT LElTER RECEIVED Manager Rosland presented the City’s 1996 Comprehensive Annual Financial Report and the Management Letter from the City’s Auditor, KPMG Peat Marwick LLP. He noted KPMG Peat Marwick noted three areas which the City will review. Council briefiy discussed the CAFR, the areas noted for review, and whether or nor the Auditor should attend a meeting to review the Comprehensive Annual Financial Report with the Council. Page 10 MinuteslEdina City CouncillJune 16.1997 CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as shown in detail on the Check Register dated June 11, 1997 and consisting of 33 pages: General Fund $298,429.36; CDBG $9,901 .OO; Communications $1 9.70; Working Capital $1 1,028.82; Art Center $6,930.60; Swimming Pool Fund $2,209.54; Golf Course Fund $49,054.32; Ice Arena Fund $1 1,230.24; Gun Range Fund $282.33; EdinboroughlCentennial Lakes $16,271.51 ; Utility Fund $241,581.08; Storm Sewer Utility Fund $2,767.35; Recycling $42,082.89; Liquor Dispensary Fund $21 7,605.26; Construction Fund $1 38,849.50; Park Bond Fund $202,173.34; TOTAL $1,250,416.84 and for confirmation of payment of the following claims as shown in detail on the check register dated June 13, 1997 and consisting of 3 Pages: General Fund $347,081.03; Working Capital $2,638.18; Golf Course Fund $81 I .82; EdinboroughKentenniaI Lake $87.45; Utility Fund $740.18; Liquor Dispensary Fund $67,523.08, 1-494 Commission $6,583.27; TOTAL $425,465.01 Member Faust seconded the motion. Rollcal I : Ayes: Faust, Hovland, Kelly, Smith Motion carried. There being no further business on the Council Agenda, Mayor Smith declared the meeting adjourned at 10:40 P.M. -. . d City Clerk Page I1