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HomeMy WebLinkAbout19980803_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITB( COUNCIL HELD AT CITY WALE AUGUST 3,1998 - ZOO P.M. ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold, and Mayor Smith. CONSENT AGENDA ITEMS APPROVED Motion made by Member Faust and seconded by Member Hovland approving the Consent Agenda with the exception of Agenda Item I, Approval of Minutes of the Regular Meeting of July 20,1998, and HRA 11, Award of Bid, Contract 98-2 (HRA) - 50th & France Pedestrian Way. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. i MINUTES OF THE REGULAR MEETING OF TULY 20, 1998, APPROVED Member Hovland removed the Minutes of the Regular meeting of July 20,1998, for amendment of his comments regarding the Preliminary Rezoning (POD-1 to APD), Preliminary Plat Approval and final Development Plan for Room & Board/New Traditions (7010 and 7100 France Avenue South) and the Traffic Safety Report of July 7,1998. Member Maetzold made a motion approving the Minutes of the Regular Meeting of July 20,1998, as amended. Member Faust seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried, PRELIMINARY PLAT APPROVED FOR SMILEY 2"3 ADDITION - CHRIST PRESBYTERIAN CHURCH (EAST OF HIGHWAY 100 AND NORTH OF WEST 70TH STREET) Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Earsen reminded Council that at the July 20, 1998, meeting two actions occurred. First, action on the Smiley 2nd Addition preliminary plat was continued until August 3,1998, and secondly, it was referred back to the Planning Commission. Planner Larsen continued stating that submittals were received from the developer and the Planning Commission reviewed the plat request again on July 29,1998. Planner Larsen added that before the July 29 Planning Commission meeting all Commissioners received the recalculated neighborhood values from Hansen Thorp Pellienen Olson Inc., dated July 24,1998. He noted the new median values were: Lot Width -- 91 feet; Lot Depth -- 128 feet; and Lot Area -- 11,800 square feet. These values require Lots 6 & 7 to receive Lot Area variances of 400 feet and 100 feet respectively, and three of the four lots require width variances because they are 85.6 feet wide. The fourth lot is 95 feet wide. Page 1 Minutes/Edina City Council/August - 3,1998 Planner Larsen reported that the Planning Commission at their July 29,1998, meeting voted to recommend approval of the prelirniIiary plat of Smiley 2nd Addition with the following conditions: 1) combination of Lots 1 and 2 into one lot; 2) Recorded Deed Restrictions on each lot preventing resale of lots for church or other tax exempt use, 3) Development Agreement with HRA insuring sale of lots for residential use and 4) Subdivision Dedication. I Council Comment Member Maetzold asked clarification of the staff report dated July 1,1998, that the proposed lots were the same as lots on Wilford Way and Dunberry. Planner Larsen replied that in his opinion; the proposed lots should be compared to the Wilford Way and Dunberry lots. Member Kelly inquired what the hardship would be that necessitated granting a variance on the subdivision. Planner Larsen said the Subdivision Ordinance uses the word 'unusual hardship' not undue as in statute and staff believes it is important to use good judgement with granting variances. Member Kelly asked why larger lots are not all right. Planner Larsen stated that, in his opinion, smaller lots are more in keeping with the neighborhood. Proponent - Comment Peter Jarvis introduced Polly Bowles and spoke for Christ Presbyterian Church. He said Dean Kovack has requested three lots; two located on Normandale and one on 69th Street. Christ Presbyterian Church recommends two lots; one at the corner of 69th Street and Brittany and one on 69th Street and Normandale Boulevard. Mr. Jarvis responded to Member Kelly that there would be no net loss of housing in the neighborhood. In addition, with the church's proposal, the two homes would act to screen residences up the hill to the north. Mr. Jarvis said the church would follow the Planning Commission's recommendation. I Dean Kovack, 6817 Brittany Road, commented that he was requesting three lots and asked his request be given fair consideration. He further reminded the Council he had previously fled four feet of property to the church. Resident Comment Colleen Gallagher, 6812 Brittany Road, said a compromise should be reached with the number of lots allowed for the good of the neighborhood. Member Kelly inquired whether the developer was creating their own hardship. Attorney Gilligan explained the 'unusual ' hardship was a hardship caused by the section not by the applicant. If the variance is granted it could be viewed as creating an improved plat. He added the subdivision standard is a little different than a zoning hardship Member Faust noted if the plat were to receive preliminary plat approval, the hardship would be for the easterly lots. She believes the developer has created their own hardship with the middle lots. Member Faust said hoines on the other side of the freeway should not have been included in the 500 foot neighborhood equation and she believes this is unfair to the neighborhood. She suggested the three lots be made into two lots which would at least meet the City standards. She said she could not support the preliminary plat as presented. I Page 2 .. MinutesEdha City CounciVAugust - 3,1998 Member Kelly voiced disagreement with the preliminary plat as presented. He stated it is not a good practice to allow a developer to create a hardship in order to make a profit on the sale of lots. He disagreed with the refigured lot widths, depths and areas that were included in the packet. Member Kelly said he agreed with Member Faust that streets on the other side of the freeway should not be figured in the 500 foot equation as there is no benefit to the neighborhood . Member Maetzold moved approval of the Preliminary Plat, Smiley 2nd Addition for Christ Presbyterian Church at 6901 Normandale Road, conditioned upon: 1) combination of Lots 1 and 2 into one lot; 2) Recorded Deed Restrictions on each lot preventing resale of lots for church or other tax exempt use; 3) Development Agreement with HRA insuring sale of lots for residential use; and 4) Subdivision Dedication. Member Smith seconded the motion. Member Maetzold said he echoed Planner Larsen’s thoughts that the appropriate area for lot comparison should include the east. He believes a subjective approach should be followed and agrees that the Planning Commission recommendation is appropriate. Member Hovland said he is perplexed and feels the issue ends up being a judgement call. He pointed out he understands everyone’s concerns and can see both sides of this difficult issue and would therefore appreciate further discussion on the matter. Member Faust continued that the three middle lots should be developed as two lots. She stated her belief that the neighborhood has taken too many hits already. Peter Jarvis said he has never thought of the church as being a developer because two homes would be replaced with two homes. He believes. technically they have complied with all requirements of the code and asked the Council to look at the issue philosophically and do what is best for the City of Edina. Member Kelly said he spent numerous hours doing calculations and comparing lot dimensions with plat maps and said he found discrepancies in the data to the benefit of Christ Presbyterian Church. He emphasized that the Council should not be forced to think the data as presented is ok. Peter jarvis commented they may need to agree to disagree. Member Kelly elaborated that the neighborhood should not have to accept substandard lots and believed that homes would be built to screen the parking lot of the church. Granting this preliminary plat would be an exception to the rule and there should be a good reason for granting approval. Member Faust added when a new neighborhood is developed today, an 85.6 foot lot would be filled to capacity with a structure. Member Maetzold said he disagreed with Member Faust that a larger lot may create a larger home and could be considered too large for the area. He said he believes an 85.6 foot lot is all right. Page 3 ,’ Minutes/Edina Citv CounciVAugust - 3,1998 I A.W. Koulatfi, 6806 Normandale Road asked the Council to consider creating a circle drive much like developers did in the 1970's, beiiveen Brittany and Normandale allowing the residents facing Brittany with deep lots to benefit by splitting their lots. Mayor Smith stated the 500 foot limit should be reviewed and amended so that homes across major roadways would not be included when figuring median lot area. He said he would support the Planning Cornmission's recommendation. Member Hovland thanked Mr. Jarvis for his clarification and stated he understood the church does not care if it sells one or two lots, but that it may be best for the City to allow the church to sell two lots.. He felt the Pl-g Commission should be backed up and it is appropriate to have the lots platted as the Planning Commission and staff recommends as two lots rather than one large lot. Rollcall: Ayes: Hovland, Maetzold, Smith Nays: Faust, Kelly, Motion carried. Mayor Smith suggested staff should consider changing the definition of "neighborhood" in the Zoning Code. FIRST READING GRANTED TO ORDINANCE NO. 850-A15 PRELIMINARY REZONZNG (POD-1 TO APD): RESOLUTIONS ADOPTED GRANTING PRELIMINARY PLAT APPROVAL, FINAL DEVELOPMENT PLAN, AND VACATING THEN TRADITIONS, 7010 & 7100 FRANCE AVENUE SOUTH Affidavits of Notice were presented, approved and ordered placed on-file. REDEDICATING MAVELLE DRIVE RIGHT-OF-WAY; ROOM & BOARD/NEW Presentation by Planner Planner Larsen explained that while the variance request and redevelopment proposal before Council requires four separate actions the proposals would be addressed together. Planner Larsen reminded Council the redevelopment proposal includes two developed properties located at 7010 and 7100 France Avenue South. 7010 is occupied by Room and Board, and zoned PCD-2, Planned Commercial District. 7100 is occupied by New Traditions and zoned POD-1, Planned Off ice District. In 1988 the owner of Room and Board was forced to relocate west of France by the Galleria's expansion. They acquired the property at 7100 and attempted to move Room and Board to this location. However, since furniture sales are not permitted in the office district, the owners petitioned the City to amend the Zoning Ordinance to allow furniture sales in the POD-1 District. The owners withdrew their request after several hearings before the Planning Commission and City Council. Room and Board was moved to 7010 France and an interior design studio was moved to 7100 France. A determination was made that interior design studios were allowed in the office district based upon the assumption that design services I Page 4 Minutesfidina City Council/August - 3,1998 were offered, but no retail sales took place. The actual use, however, resembles a retail furniture store more than an office use. Planner Larsen added there were no changes to the plans as outlined at the previous meeting. Plan A4.1 is the plan preferred by the proponent and recommended by the Planning Commission. Plan A1.Alternate Plan 3 incorporated the staff‘s suggestion to rededicate right- of-way for Mavelle Drive. I Assistant Engineer Houle explained the Engineering Department believes maintaining Mavelle Drive provides a bypass for the West 70th and France intersection during busy times. Staff was concerned that loss of the street would put more pressure on West 70th or Hazleton Road. Public Comment Mary Charnberlin, 7004 Bristol Boulevard, stated she did not receive a notice because she was not in the area to which notices were sent. However, Ms. Chamberlin expressed concern with closing Mavelle because of the impact on other neighborhood streets. Ms. Chamberlin added the New Traditions building scheduled for demolition has provided the neighbors with a nice buffer to France Avenue. She asked what provisions have been made for landscaping that could act as a sound barrier for the neighborhood. Mark Sullivan, 7128 Lynmar Lane, noted Edina’s long term land use plan restricts retail land use on the west side of France. Mr. Sullivan added this restriction was because of concern over traffic and to act as a buffer to the residential neighborhoods. He stated the neighborhood has already experienced a marked increase in traffic and on street parking on Lynmar and Hazleton because of the new funeral home. Mr. Sullivan suggested a way to placate the neighborhood is to suggest the two parking lots be linked together to potentially eliminate on street parking. Ed Peterson, 7000 Sandell, stated he was speaking on behalf the residents’ association at 7000 Sandell and they would like to see traffic on Sandell reduced, but also want Mavelle maintained as a way to get to France. Richard Stein, 7016 Bristol, stated he objected to any increase in neighborhood traffic. Mr. Stein referred to his July 24,1998, letter signed by himself and Marianne Rother. Their letter objected to the changes to the Room and Board property because: Additional parking directly adjacent to their neighborhood will add more traffic auto exhausts and noise through the neighborhood. 0 Lack of sound barriers between the parking lot and the neighborhood. The current building does act as a sound barrier between the neighborhood and France Avenue. If approved the redevelopment will allow more noise from France Avenue into the neighborhood . Lack of a visual barrier between the proposed parking lot and the residential neighborhood. The present building is visually appealing and promotes a neighborhood look. Additional noise in the parking lot for its maintenance, Businesses in the area use cleaning services that use noisy sweepers in the middle of the night. 0 I Page 5 Minutes/Edina City CounciVAugust - 3,1998 Mr. Stein requested that if the proposal is approved the proponent be required to include barriers such as large trees, earth berms and so-and walls. Mayor Smith asked Planner Larsen to explain what controls the City has relative to land use. Planner Larsen explained the City may control land use though its zoning of property. He continued adding the redevelopment proposal before the Council is a negotiated proposal. By rezoning the Planned Office District to Automobile Parking District the City will have the most control over this property. The redevelopinent is not an attempt to expand retail, rather it is an attempt to bring a marginally zoned property into compliance with our regulations and also to limit any further retail use. Mayor Smith asked about a parking agreeinent between Room and Board and the First Memorial Funeral Chapel. Planner Larsen replied that any such agreement would be purely a private matter. Member Maetzold stated he could support eitlier plan, however, he expressed concern over the safety issue of having a City street through a parking lot. Assistant Manager Houle pointed out that the Lunds on 50Ul has a City street running past it into the parking ramp. Martha Gabbert, 312 West Ferndale, Wayzata, the proponent, thanked the neighbors for their input. She said she is very concerned with the impact on the neighborhood. Ms. Gabbert stated her belief that the proposed redevelopment will limit the retail impact on the neighborhood. She added that her firm has always been very interested in excellent landscaping and perhaps could look at moving some of the interior landscaping to the western edge of the property. I Mayor Smith asked Ms. Gabbert if she would agree to upgrading the green area and plantings on the west side of the property. Ms. Gabbert stated she would agree to both. Mark Waterston, 7416 Kellogg, commented hat he has lived in Edina for seven years and is the owner of the First Memorial Funeral Chapel. Mr. Waterston agrees with the neighbors regarding the parking. Mr. Waterston stated lie supported Ms. Gabberts preferred plan, that still preserves a cut through for traffic, but is more circuitous. Mayor Smith stated he was in favor of Plan AI: Alternate 3, with upgraded planting all along the westerly edge of the property to its north boundary. Mayor Smith asked that the proponent’s sign on Sandell be reviewed to minimize its impact on the neighborhood. Member Kelly stated he had talked to the neighbors and he agreed that leaving the Mavelle right-of-way intact makes sense, with a proof of parking agreement in place. I, Motion by Mayor Smith introduced the following resolution and moved its adoption, seconded by Member Kelly RESOLUTION VACATING A PORTION OF MAVELE DRIVE BETWEEN SANDELL AND FRANCE AVENUES Page 6 . I, MinutesEdina City CounciVAugust 3,1998 WHEREAS, a motion of the City Council, on the 7th day of July 1998, fixed a date for a public hearing on a proposed street vacation; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on the 3rd day of August, 1998, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following portion of West 69th Street public right- of-way is hereby vacated effective as of August 3,1998: That part of Mavelle Drive lying east of Sandell Avenue right-or-way and west of France Avenue right-of-way. BE IT FURTHER RESOVLED that said Mavelle Drive Right-of-way shall be rededicated as depicted on Plan Al: Alternate Plan 3 presented at Edina City Council, August 3,1998; and BE IT FURTHER RESOLVED that said vacation does not affect, and there are continued, reserved, and retained, by the said resolution ordering the vacation, the following existing easements and authority in, on and under the above vacated area: The authority of Northern States Power Company, US West Communications, Paragon Cable Minnesota, or Minnegasco to enter upon the above vacated area for the maintenance, replacement, repair and removal of and for otherwise attending to, underground conduit, manholes, cables, wires and poles required for utility service now in, on or under the above vacated area. I BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Passed and adopted this 3rd day of August, 1998. Roll call was taken. Ayes: Faust, Hovland, Kelly, Maetzold, Smith Resolution adopted. Mayor Smith made a motion to grant first reading to Ordinance No. 850-A14 rezoning the property at 7100 France from Planned Office District (POD) to Automobile Parking District (APD). Member Kelly seconded the motion. Member Maetzold stated he would support the motion, however, he still was not enthusiastic about a street through the parking lot. I Page 7 Minutes/Edina Citv CounciVAugust 3,1998 Member Hovland asked if turning movements could be restricted into and out of the 7100 France location. Staff replied that turning movements could not be restricted at this location. Roll call was taken. Ayes: Faust, Hovland, Kelly, Maetzold, Sniitli First reading granted. Mayor Smith introduced the following resolution and moved its approvak RESOLUTION PRELIMINARY PLAT APPROVAL BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, "Echo Addition", platted by John D. Gabbert and Martha W. Gabbert is hereby granted preliminary plat approval with four conditions: 1) Final rezoning, 2) Final Plat, 3)Proof of Parking agreement for parallel spaces west of building, and 4) Completion of vacation and rededication of Mavelle Drive. Member Kelly seconded the motion. Roll call was taken. Ayes: Faust, Hovland, Kelly, Maetzold, Smith Preliminary Plat granted Mayor Smith introduced the following resohtion and moved its approval: RESOLUTION FINAL DEVELOPMENT PLAN BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that final development plan based upon Plan Al: Alternate Plan 3 conditioned upon: 1) Final rezoning; 2) Final plat; 3) Proof of Parking Agreement for the western portion of the site designated on the proposed plan A4.1 as employee parking; and 4) Relocation of right-of- way for Mavelle Drive. Member Kelly seconded the motion. I Roll call was taken. Ayes: Faust, Hovland, Kelly, Maetzold, Smitli Resolution adopted. *HEARING DATE OF AUGUST 17,1998, SET FOR PLANNING MATTER Motion made by Member Faust and seconded by Member Hovland setting August 17,1998, as hearing date for Final Development Plan, Parklawn Partners, LLC, 7450 France Avenue South. Motion carried on rollcall vote - five ayes. "BID AWARDED FOR CONTRACT PW98-3, REFURBISH WOODDALE WATER TREATMENT FACILITY Motion made by Member Faust and seconded by Member Hovland for award of bid for Contract PW98-3, Refurbish Wooddale Water Treatment Facility to recommended low bidder, Magney Construction, Inc. at $279,900.00. Motion carried on rollcall vote - five ayes. *SIDEWALK STUDY CONTINUED TO AUGUST 17, 1998 Motion made by Member Faust and seconded by Member Hovland acknowledging receipt of the sidewalk study/policy/program recommending continuing the issue to the August 17,1998, meeting. I Motion carried on rollcall vote - five ayes. Page 8 , MinutesEdina Citv CounciVAugust 3,1998 *RESOLUTION SUPPORTING THE MINNEHAHA CREEK WATERSHED DISTRICT TASK FORCE’S RECOMMENDATION OF THE STORMWATER TASK FORCE Member Faust introduced the following resolution, seconded by Member Hovland RESOLUTION SUPPORTING THE MINNEHAHA CREEK WATERSHED DISTRICT TASK FORCE’S REVISION TO RULE B - STORMWATER MANAGEMENT WHEREAS, the City of Edina has participated in the revision and Rule B Stormwater Management; and WHEREAS, the revised Rule B now appears to more clearly define several water management issues; and WHEREAS, the many agencies and individuals involved provided a wide scope viewpoint to develop a more user friendly document or Rule; and WHEREAS, the City of Edina is aware of the hearings requirements of instituting a rule change in terms of time; NOW, THEREFORE, BE IT RESOLVED, that the City of Edina supports the Minnehaha Creek Watershed District Task Force’s recommendation for revision to Rule B as received from the Minnehaha Creek Watershed District letter to the City dated July 7, 1998. Motion carried on rollcall vote - five ayes. CONTRACT APPROVED FOR NEW CITY MANAGER Mayor Smith explained Attorney Gilligan drafted an Employment Agreement for newly appointed City Manager, Gordon Hughes. After Council review, the Contract was presented to Mr. Hughes for approval and signature. Mayor Smith made a motion adopting the Employment Agreement approving Gordon L. Hughes as City Manager for the City of Edina commencing on or before October 31,1998. Member Maetzold seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. COUNCIL REMINDED OF FACILITIES TOUR Mayor Smith reminded the Council of the tour of community center facilities at Hopkins, Plymouth and Chaska scheduled for Wednesday August 5,1998, at 5:OO P.M. The tour was suggested following a presentation for use of the Kunz/Lewis property by the Edina Community Organization at the July 6,1998 meeting for a multi-purpose building. CLAIMS PAID Member Faust made a motion to approve payment of the following claims as shown in detail on the Check Register dated July 29,1998, and consisting of 32 pages: General Fund $239,969.13; C.D.B.G. $33,250.00; Working Capital $17,336.97; Art Center $24,278.76; Golf Dome Fund $1,551.75; Swimming Pool Fund $21,418.24; Golf Course Fund $76,233.44; Ice Arena Fund $2,285.97; Edinborough/Centennial Lakes $11,629.31; Utility Fund $363,909.35; Storm Sewer Utility Fund $1,505.92; Recycling Program $18.97; Liquor Dispensary Fund $187,847.82; Construction Fund $5,844.18; Park Bond Fund $298,369.19; I- 494 Commission $3,286.66; TOTAL $1,288,735.66. Motion seconded by Member Hovland. I Rollcall: Page 9 Minutes/Edina Citv CouncWAugust 3,1998 Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. I There being no further business on the Council Agenda, Mayor Smith declared the meeting adjourned at 9:35 P.M. &y Clerk L Page 10