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HomeMy WebLinkAbout19990315_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 15,1999 - 200 P.M. - ROLLCALL Answering rollcall were Members Faust, Hovland, Maetzold, and Mayor Smith. CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzold and seconded by Member Faust approving the Council Consent Agenda as presented. Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Motion carried. PROCLAMATION OF MARCH 18,1999, AS "ABSOLUTELY INCREDIBLE KIDS DAY" AND PRESENTATION BY EDINA CAMP FIRE GIRLS AND BOYS Six Edina Camp Fire Boys and Girls presented a cake to the Mayor and City Council commemorating the 89th Birthday of Camp Fire Boys and Girls. Mayor Smith thanked the Camp Fire Boys and Girls and their leader, Connie Erickson. He commended the group for their efforts and contributions to the community. Member Hovland made a motion adopting a proclamation declaring March 18, 1999, "Absolutely Incredible Kids Day in Edina", encouraging all Edina adults to write a letter to a child encouraging and praising them, and commending Camp Fire for its commitment to youth. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Resolution adopted. 1999 GIRLS ALPINE SKI TEAM CHAMPIONS COMMENDED Mayor Smith commended the 1999 Edina Girls Alpine Ski Team who won the Classic Lake Conference, Section 6AA Champions and State Championship. Resolutions of commendation were presented to each team member as ambassadors of the City of Edina representing the highest standards of athletic proficiency and good sportsmanship. Member Maetzold made a motion adopting the resolution commending the 1999 Girls Alpine Ski Team Champions on their Classic Lake Conference, Section 6AA Championship, and State Championship. Member Hovland seconded the motion. Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Resolution adopted. 1999 BOYS ALPINE SKI TEAM CHAMPIONS COMMENDED Mayor Smith commended the 1999 Edina Boys Alpine Ski Team who won the Classic Lake Conference and State Championship. Resolutions of commendation were presented to each team member as ambassadors of the City of Edina representing the highest standards of athletic proficiency and good sportsmanship. Member Maetzold made a motion adopting the resolution commending the 1999 Boys Alpine Ski Team Champions on their Classic Lake Conference and State Championships. Member Faust seconded the motion. I Page 1 Minutesfidha Citv CounciVMarch 15,1999 Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Resolution adopted. *MINUTES OF THE REGULAR MEETING OF MARCH 1,1999, APPROVED Motion made by Member Maetzold and seconded by Member Faust approving the Minutes of the Regular Meeting of March 1,1999. Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Motion carried. CONDITIONAL USE PERMIT APPROVED - OUR LADY OF GRACE CHURCH (5071 EDEN AVENUE) Affidavits of Notice were presented, approved and ordered placed on file. Manager Hughes explained that an error had been discovered in the survey submitted by Our Lady of Grace necessitating Council consider the conditional use permit as it will exist with the corrected survey. Planner Larsen stated the error was originally pointed out by a resident expressing concern with the property line. The resident was concerned about landscaping and fencing. Planner Larsen added that correcting the property line error meant a ten-foot northerly adjustment of the property line; making the addition’s proposed setback, 46 feet of the 50 feet required by Edina’s code. Thus, a four-foot building setback variance is required. He noted letters received from Richard Brownlee, project architect and Jeffrey D. Smith, project manager addressing the error on the plans and their request for the setback variance. Their request is for approval of the permit with no changes from the original plan. Planner Larsen concluded, stating that notice of the hearing was published in the Edina Sun Current and notices mailed to all property owners within 500 feet of the property just the same as for the original hearing. Jeff Smith, Opus, representing Our Lady of Grace,requested Council consider granting the variance and approving the conditional use permit based upon the original plan. He explained the design optimizes the addition’s connection to the existing structure and would not result in any further encroachment. Mayor Smith asked how close the existing structure comes to the property line. Jeff Smith replied the existing building comes within 33 feet of the property line at its closest point. Member Maetzold asked if the original church was granted a variance. Planner Larsen explained the current standards were not in existence when the original building was built, so no variance was needed at that time. Member Faust asked if the neighbors have been notified and if any complaints were received. Planner Larsen replied that all property owners within 500 feet have been notified and no complaints have been received. Page 2 MinutesDdina Citv CounciI/March 15,1999 Member Hovland asked if the church had indicated what the effect would be if the variance were not granted. Jeff Smith explained that it would be very difficult to redesign the addition to make the proper connection to the existing building without the variance. Mr. Smith added that the church hopes to have the addition completed in time for Fall I999 classes. He stated the structural steel has been ordered to meet the fall deadline. I Mayor Smith called for public comment. No one appeared. Jeff Smith introduced Father Robert Valit, Our Lady of Grace’s Pastor, and Paul Smith, Church Administrator. The gentlemen apologized for the error and requested approval of the variance and conditional use permit. Mayor Smith asked the church representatives to make sure they heard the previously stated neighbors’ concerns -- bus stacking adjacent to Richmond Drive. Mayor Smith introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the four-foot setback variance and Conditional Use Permit for Our Lady of Grace Church, 5071 Eden Avenue be and is hereby granted conditioned upon the Church obtaining the necessary watershed district permits. Member Hovland seconded the motion. Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Resolution adopted. CONDITIONAL USE PERMIT APPROVED - CORNELIA ELEMENTARY SCHOOL, 7000 CORNELIA DRIVE Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen informed the Council that the Edina School District has submitted plans requesting to add classroom space to Cornelia Elementary School. Four additional classrooms are proposed--three added to space within the inner courtyard area, and the fourth to the northwest corner of the building. Planner Larsen stated Cornelia School now provides parking for 149 vehicles. According to calculations, the school, including proposed new classrooms, requires 142 spaces based upon the seating capacity of the gymnasium. He explained that the proposed addition will provide needed classroom space with minimal impact on the existing school and grounds. The addition will not impact activities in Cornelia Park that is located adjacent to school grounds. Planner Larsen reported that the Planning Commission recommended approval of the I Conditional Use Permit. Page 3 Minutes/Edina Citv Council/March 15,1999 Member Faust asked how the parking demand is calculated. Planner Larsen explained that parking demand is calculated either by classrooms; or by the square footage of the ,gynmasium divided by three, whichever is higher. I Jay Peirsol, KKE Architects, informed the Council the School District hopes to have the addition open by August 15,1999. He added the School District has also already ordered structural steel because of the tight timeline for construction. Member Faust asked how many students the four additional classrooms will generate. Mi. Peirsol replied there will be 27 additional students. He explained that although four additional classrooms will be built they will be used to redistribute students currently housed in other building spaces. Mayor Smith asked what the average square footage will be of each proposed additional classroom. Mr. Peirsol replied they are each approximately 900 square feet. Council Action Member Maetzold introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Conditional Use Permit for Independent School District 273's Cornelia Elementary School, 7000 Cornelia Drive be and is hereby granted a conditional use permit upon the District obtaining the necessary watershed district permits. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Resolution adopted. FINAL DEVELOPMENT PLAN APPROVED - NORTHWEST ATHLETIC CLUB, 7300 BUSH LAKE ROAD Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen informed the Council the subject property is zoned Planned Industrial District (PID), and developed with a tennis facility providing seven indoor and three outdoor courts. The property is located near the northerly end of Bush Lake Road and is bounded on the west by railroad tracks. The proposed redevelopment would raze all existing improvements, including parking area and drive aisles. Planner Larsen stated the redevelopment proposes ten indoor tennis courts supported by a commons area that would contain a lounge, pro shop, and locker rooms. The plan would replace the existing metal structures with two air-supported domes. The commons would be finished with stucco. &-supported Teflon domes are not a permitted exterior material in the PID district; therefore, Northwest would need a variance to allow the proposed structures. Page 4 MinutesBdina CiW CounciVMarch 15,1999 Planner Larsen noted the redevelopment meets Edina's code requirement for parking. The site provides 83 spaces, and 79 would be required by code (1 space per 200 feet accessory area). The plan meets or exceeds required building setbacks for front, side and rear yard lot lines. Planner Larsen said the redevelopment would represent a sigruficant improvement over the present facility with little negative impact on adjoining properties. He reported the Planning Commission recommended Council approve Final Development Plans subject to watershed district permits. I Jerry Runk, KMR Architects, Jerry Noyce and David Cochin were present representing Northwest Athletic Clubs. Mayor Smith asked what view the neighbor to the west will see. Jerry Runk, KMR, Architects, replied that because of the site's slope they should see very little if anything of the finished domes. Member Faust asked if the redeveloped club would be the same size, if the climate control has improved, and when the club was proposed to be completed. Mr. Runk answered that the proposed redevelopment is smaller but a more efficient use of the space; and that in fact climate control has improved and that Northwest hopes to be finished with construction in late September. Member Hovland asked what would be the composition and color of the proposed bubbles. Mr. Runk replied they were a cream colored acrylic top coated vinyl polyester. Member Maetzold introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that that the Final Development plan dated February 10,1999 for Northwest Athletic Clubs on 7300 Bush Lalie Road presented at the regular meeting of the City Council on March 15, 1999, be and is hereby approved conditioned upon the Northwest Athletic Club obtaining the necessary watershed district permits. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Maetzold, Smith Resolution adopted. ORDINANCE NO. 1999-7 ADOPTED AMENDING SECTION 1230.07 SIDEWALK CAFES AND SECTION 900.09 SEATING CAPACITY OF INTOXICATING LIOUOR ESTABLISHMENTS IN PCD-2 DISTRICTS Manager Hughes explained that following adoption of the new liquor ordinance March 1,1999, two issues have arisen that may affect the license application of Tejas, a current wine licensee. The first issue relates to Subsection 1230.07 of the City Code that regulates sidewalk cafes. The subsection allows the consumption of alcoholic beverages at sidewalk cafes, but limits consumption to beer and wine. Manager Hughes stated that Subsection 1230.07 should be amended if Council wishes I Page 5 MinutesDdina Citv CounciVMarch 15,1999 to permit consumption of intoxicating liquor in sidewalk cafes. Tejas is the only Edina restaurant maintaining a sidewalk cafe Manager Hughes informed the Council the second issue relates to Tejas’ seating capacity. Staff recommended and the Council adopted a provision in the liquor ordinance limiting seating capacity in licensed premises in the PCD-2 district (i.e., 50th and France and Grandview) to 150 seats. The standard was recommended to prohibit large restaurants that could potentially adversely affect available parking capacities of these commercial districts. He added it was staff‘s intent to accommodate existing restaurants as to their eligibility for on-sale intoxicating liquor licenses. Staff‘s information at the time indicated the largest restaurant (Tejas) contained 140 seats. However, following adoption of the liquor ordinance staff was advised that Tejas’ seating count did not include a lower level dining room reserved for private parties. If the downstairs space is included, Tejas’ total seating capacity would be approximately 218 seats. I Manager Hughes outlined potential alternatives the Council could utilize if they wished to accommodate Tejas’ situation: the 150 seat limit could be eliminated; the limit could be increased; the ordinance could distinguish private dining areas from public areas for the purpose of determining compliance with the seating limit; or existing restaurants could be grandfathered. I Manager Hughes noted that staff recommended amending the ordinance with a “grandfather” provision. He added that if the Council wished to limit Tejas’ use of their lower level dining room to private parties, special conditions could be added to their on-sale license. Suggested provisions would include: private party use only - no permanent table set up; no permanent bar allowed in the lower level; and seating capacity of the lower level cannot be included when Tejas’ calculates their 15% bar seating. Member Faust stated she thought there were other sidewalk cafes in Edina. Manager Hughes explained that according to the Code’s definition, the cafe must be on a city sidewalk, not just an outside dining area. Mayor Smith asked for clarification of who owns the ”sidewalk” where a cafe would be located. Manager Hughes said that the sidewalk would be considered a City right-of-way. Mayor Smith stated that with the ability to operate a sidewalk cafe, there must be some heightened rule to regulate the sale and service of liquor. He asked Tejas’ owner, Wayne Kostroslu, how he intended to regulate the service of intoxicating liquor in his sidewalk cafe. Mr. Kostroski replied that there is a fence that provides a barrier between diners and the general public. He added that Tejas has not experienced a problem in serving wine and beer in the outdoor location; and that he did not anticipate any difference with serving intoxicating liquor. Mr. Kostroski explained that his staff is trained to patrol the area, and to his knowledge they have not had any incidents resulting from wine or beer service in the cafe area. Page 6 MinutesBdina Citv Counciwarch 15,1999 Member Hovland stated he would favor amending the ordinance to deal with these issues. Member Maetzold agreed with Member Hovland. Mayor Smith asked if the amendments were approved, could other restaurants operate sidewalk cafes. Attorney Gilligan replied that other entities could apply for a "Sidewalk CafP perrnit under our Code. I Member Hovland moved first reading and waiver of second reading of Ordinance No. 1999-7 as follows: I ORDINANCE NO. 1999-7 AN ORDINANCE AMENDING EDINA CODE SECTIONS 1230.07 AND 900.09 THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Ordinances is hereby amended to read as follows: Section 1. Subsection 1230.07 Subd. 2 Paragraph B. 2. of the Edina Code of "2. Intoxicating liquors, beer or wine may be consumed only if the sidewalk caf6 is licensed pursuant to Section 900 of this Code." Section 2. Subd. 5 of Subsection 900.09 of the City Code is amended to read as "Subd. 5 On-sale Intoxicating Liquor Licenses. In addition to the requirements of Subd. 1 of this Subsection, no On-sale Intoxicating Liquor License shall be granted to i) any establishment other than a restaurant or hotel located in the PCD-2, PCD-3 Subdistricts or the Mixed Development District as established by Section 850 of this Code, ii) any amusement or recreation establishment including amusement arcades, bowling centers, pool halls or establishments offering amusement devices as defined by Section 215 of this Code, or iii) any establishment located in a building which also contains any dwelling units as defined by Section 850 of this Code. In addition, no On-sale Intoxicating Liquor License shall be granted to any establishment located in the PCD-2 Subdistrict which will contain more than 150 seats; provided, however, a premises in the PCD-2 Subdistrict holding a wine license issued by the City which was in effect on December 31, 1998, and which contains more that 150 seats may be issued an On-sale Intoxicating Liquor License but the licensed premises shall not be thereafter expanded to include more seats than existed on December 31,1998." Section 3. This ordinance shall be in full force and effect upon passage and follows: publication. First Reading: March 15,1999 Second Reading: Waived Published in the Edina Sun Current: March 24,1999 Attest Member Hovland seconded the motion. City Clerk Mayor Rollcall: Page 7 MinutesEdina Citv CounciVMarch 15,1999 Ayes: Faust, Hovland, Maetzold, Smith I Ordinance adopted. "BID AWARDED FOR FERTILIZER FOR BRAEMAR AND FRED RICHARDS GOLF COURSES Motion made by Member Maetzold and seconded by Member Faust for award of bid for fertilizer for Braemar and Fred Richards Golf Courses to recommended low bidder North Star Turf Supply under Hennepin County Cooperative Purchasing Contract #4623A8 at $21,943.26. Motion carried on rollcall vote - four ayes. *BID CONTINUED TO APRIL 5,1999, FOR PARK DEPARTMENT ARTICULATING LOADER Motion made by Member Maetzold and seconded by Member Faust continuing the bid for an articulating loader for the Park Department to April 5,1999. Motion carried on rollcall vote - four ayes. "BID RETECTED FOR 1999 4WHEEL DRIVE HYDRAULIC ROTARY MOWER, BRAEMAR GOLF COURSE Motion made by Member Maetzold and seconded by Member Faust rejecting the bid for a 1999 4-wheel drive hydraulic rotary mower for Braemar Golf Course. Motion carried on rollcall vote - four ayes. "AWARD OF BID FOR COMMODITIES PURCHASE (PUBLIC WORKS) Member Maetzold made a motion for award of bid for sand, rock, bituminous materials, concrete, propane and engine oil to recommended low bidders as follows: Concrete Sand (delivered) to SA-AG at $4.35 per ton; Course Sand (delivered) (Metro Seal) to SA-AG at $5.70 per ton; C1.2 Limestone (delivered) to Bryan Rock Products at $8.07 per ton; FA-3 Seal Coat Chips (delivered) to Dresser Trap Rock at $20.15 per ton; Asphalt 2331 (Base Type 31 or 32) (picked up at plant) to Bituminous Roadways" (vendor 1) at $18.00 per ton or C.S. McCrossan (alternate) at $17.90 per ton; Asphalt 2331 (Base Type 31 or 32) (delivered) to Bituminous Roadways at $22.00 per ton; Asphalt 2331 (Type 41A & 42) Wear (picked up) to Bituminous Roadways" at $18.75 per ton or C.S. McCrossan (alternate) at $19.75 per ton; Asphalt 2331 (type 41B and 42B) (delivered) to Bituminous Roadways at $22.25 per ton; Asphalt 2331 (Wear (type 31/32) (picked up) to Bituminous Roadways" (vendor 1) at $18.75 per ton or C.S. McCrossan (vendor 2) at $18.50 per ton; 2331 31/32 Asphalt Wear (delivered) to Bituminous Roadways at $22.75 per ton; Concrete 3+ yards (delivered) to CAMAS, Inc. - Model Ready Mix at $66.48 per cubic yard; Emulisified Asphalt CRS2 to Koch at $0.5734 per gallon; Emulisified Tack Oil*** to Koch Materials at $0.6702 per gallon; En~ne Oil 15/40 to Hallman Oil at $2.79 per gallon; Ennine Oil 5W30 to Hallman Oil at $2.79 per gallon; Rubberized Crack Filler to Construction Materials at $0.279 per gallon; Red Ball Aggregate to Byran Rock at $11.32 per ton; Lannon Stone Wall Repair to Bjork Stone at $8.00 at S.F.; Manhole Covers to Ess Brothers at $73.80 each; Hvdrofluosilic Acid & Liquid Chlorine to Dixie Petro Chemical at $41.03 per CWT; Caustic Soda to Hawkins Chemical at $25.00 per CWT. ("These bids are awarded on basis of total cost per ton including trucking and labor).Member Faust seconded the motion. Motion carried on rollcall vote - four ayes. I Page 8 MinutesBdina CiW Council/March 15,1999 *BID AWARDED FOR FAIRWAY MOWER FOR BRAEMAR GOLF COURSE Motion made by Member Maetzold and seconded by Member Faust for award of bid for 3-Wheel Drive 90" Fairway Mower for Braemar Golf Course to recommended low bidder MTI Distributing Company at $15,630.00. Motion carried on rollcall vote - four ayes. I *INFORMATION RECEIVED FROM GREATER MINNEAPOLIS DAY CARE ASSOCIATION REGARDING THE 1999 COMMUNITY DEVELOPMENT BLOCK GRANT Motion made by Member Maetzold and seconded by Member Faust to receive the Laurie Possin's letter from the Greater Minneapolis Day Care Association addressing Council's questions raised regarding the numbers of Edina Families served by Community Development Block Grant Funds. Motion carried on rollcall vote - four ayes. "VINCENT COCKRIEL APPOINTED ASSISTANT WEED INSPECTOR Motion made by Member Maetzold and seconded by Member Faust appointing Vincent Cockriel the City's Assistant We e d Inspector. Motion carried on rollcall vote - four ayes. APRIL 5, 1999 HEARING DATE SET FOR ON-SALE INTOXICATING LIQ,UOR LICENSES CONSIDERATION Following a brief discussion Member Hovland made a motion setting a date of April 5,1999 for the public hearing to consider the applications of the on-sale liquor license applicants. Member Maetzold seconded the motion. Ayes: Faust, Hovland, Maetzold, Smith Motion carried *RESOLUTION ADOPTED AMENDING SOUTHWEST MUTUAL AID AGREEMENT Member Maetzold made a motion that was seconded by Member Faust introducing the following resolution: RESOLUTION AMENDING SOUTHWEST SUBURBAN MUTUAL AID ASSOCIATION WHEREAS, the City of Edina has previously approved and participated in a mutual aid agreement between the southwest suburban governmental agencies to provide cooperative use of fire personnel and equipment; and WHEREAS, the agencies participating in this agreement have been designated the Southwest Mutual Aid Association; and WHEREAS, the existing agreement requires the parties of the agreement to approve by resolution a new "Exhibit A" adding new members or deleting existing members; and WHEREAS, the City of Maple Grove would like to join the Association and would add to the overall effectiveness; and WHEREAS, the Veterans Administration Medical Center has disbanded their fire department and has requested removal from the Association. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina, Minnesota, that: I Page 9 MinutesEdha Citv CounciVMarch 15,1999 the revised ”Exhibit A” dated 2/1/99, which included the City of Maple Grove and deletes the Veterans Administration Medical Center is hereby approved as the official list of parties to the agreement establishing the Southwest Suburban Mutual Aid Association. BE, IT FURTHER RESOLVED that the City Clerk is directed to transmit a certified copy of this resolution to the secretary of the Southwest Mutual Aid Association. Adopted this 15th day of March, 1999. Motion carried on rollcall vote - four ayes. TEMPORARY ON-SALE LIQUOR LICENSE AWARDED FOR APRIL IN PARIS (EDINA FOUNDATION BALL), APRIL 17,1999 Manager Hughes reminded Council that Minnesota Statute 340A allows charitable organizations to obtain a temporary on-sale intoxicating liquor license. City Code 900 further restricts issuance of temporary on-sale licenses to the Edina Foundation for the purpose of their EDINAMITE fund raising event. Beginning in 1983 and continuing through 1990, annually the Edina Foundation obtained a temporary on-sale liquor license. The temporary license allowed the Foundation to serve intoxicating liquor under the license of Interlachen Country Club at the EDINAMITE. The City waived any fee for this temporary license. The Foundation resumed their annual fundraising tradition last year. This year’s event ”April in Paris” is scheduled April 1999, at Edinborough Park Member Faust made a motion approving the temporary On-sale Liquor License to the Edina Foundation for the April in Paris event scheduled April 17,1999, at Edinborough Park. Mayor Smith seconded the motion. Ayes: Faust, Hovland, Maetzold, Smith Motion carried. I CLAIMS PAID Motion made by Member Faust approving payment of the following claims as shown in detail on the Check Register dated March 10,1999, and consisting of 32 pages: General Fund $244,070.87; Communications $1,505.00; Working Capital $12,403.76; Art Center $10,676.62; Golf Dome Fund $7,178.55; Swimming Pool Fund $1,016.24; Golf Course Fund $74,850.18; Ice Arena Fund $60,573.93; Edinborough/Centennial Lakes $31,185.54; Utility Fund $46,500.91; Storm Sewer Utility Fund $4,950.39; Recycling Program $35,151.44; Liquor Dispensary Fund $218,577.65; Construction Fund $27,117.19; Park Bond Fund $220.00; TOTAL $775,978.27 and for confirmation of payment of the following claims as shown in detail on the check Register dated March 4,1999 and consisting of four pages: General Fund $253,866.20; Communications $4,572.71; Art Center $462.52; Golf Course Fund $207.26; Edinborough/Centennial Lakes $300.00; Utility Fund $223.56; Liquor Dispensary Funds $59,64387; TOTAL $319,276.12. Member Maetzold seconded the motion. Rollcall: Ayes: Faust, Hovland, Maetzold, Smitli Motion carried. There being no further business on the Council Agenda, Mayor Smith adjourned the Council Meeting at 9:35 P.M. I U Page 10