HomeMy WebLinkAbout19990720_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
July 20,1999 - 200 P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland Kelly, and Mayor pro tem
Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and
seconded by Member Faust approving the Council Consent Agenda with the addition of
Item 111. D. Continued Appeal of Variance until August 3,1999, St. Stephen’s Church to
the Consent Agenda.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF JULY 6,1999, AND SPECIAL METING
MINUTES OF JULY 6, 1999, APPROVED Motion made by Member Hovland and
seconded by Member Faust approving the minutes of the July 6,1999, Regular Council
Meeting and Special Meeting Minutes of July 6,1999.
Motion carried on rollcall vote - four ayes.
*PUBLIC HEARING FOR WEST 76m STREET AND EDINBOROUGH WAY TRAFFIC
17,1999 Motion made by Member Hovland and seconded by Member Faust to continue
the Public Hearing for West 76th Street and Edinborough Way traffic signal control system
improvement No. TS-27 to August 17,1999.
Motion carried on rollcall vote - four ayes.
SIGNAL CONTROL SYSTEM IMPROVEMENT NO. TS-27 CONTINUED TO AUGUST
1-494 COMMISSION REPORT PRESENTED Lisa Raduenz, 1-494 Commission Consultant,
thanked the Council for the opportunity to update them on the 1-494 Corridor Commission’s
work. She noted that Member Hovland was the Commission’s Vice-Chair, with Craig Larsen,
and Fran Hoffman also serve from Edina. Ms. Raduenz reviewed the 1-494 Commission’s
activity during the past year. She explained that the Commission formed in 1986 as a joint
powers organization with members of Bloomington, Edina, Eden Prairie, Maple Grove,
Minnetonka, Plymouth and Richfield. The Commission’s membership includes: an elected
official, city engineer, and an additional staff member from each member city; MnDOT 1-494
project managers; Metropolitan Council planning staff; Hennepin County Engineers; local
transit providers (Opt-Outs, Metro); and Chamber of Commerce Executives. The mission of
the 1-494 Corridor Commission is to promote the improvement of 1-494 from the Minnesota
River to 1-94 in order to increase road capacity and to improve the productivity and
convenience of residents and businesses throughout the region.
Ms. Raduenz stated that congestion along the 1-494 corridor will become more of a problem
noting that Met Council estimates for the year 2020 indicate an 18.54% increase in residents, a
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Minutes/Edina Citv Council/Tulv 20,1999
27.75% increase in households and a 27.79% increase in vehicle trips. The solution to gridlock
will be to decrease the number of vehicles while at the same time increasing the number of
occupants per vehicle. She explained that two strategies will be used to accomplish this
objective. First, services will be explored, implemented and evaluated to increase vehicle
occupancies, (Rideshare, etc.). Secondly, the Commission is working with MnDOT, Hennepin
County and each member city to ensure that each scheduled infrastructure project
constructed along 1-494 will contribute to increasing vehicle occupancies.
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Ms. Raduenz noted that the Commission has formed two transportation management
associations, the Minnetonka Corporate Center (494/62) and Golden Triangle/Market Center
Area of Eden Prairie(169/212/494) to enlist corporate assistance in reducing congestion. The
Commission also has surveyed to assist the market identification for transit, carpools and
vanpools. In addition, some cities along the corridor now require new development to enter
into "Developer Transportation Management Plan (TMI?) Agreements". These agreements
contain goals, objectives and measurements for increasing vehicle occupancy rates at
individual sites along the 1-494 corridor. Ms. Raduenz said in some cases, a bid bond, or letter
of credit is required of developers to ensure their participation.
Ms. Raduenz outlined other Commission services relating to infrastructure: HOV Ramp
Meter Bypasses (newly identified at key 1-494 locations); Park-and-Ride Facilities; Parallel
Arterials (e.g. 76&/77& Street for short trip diversions off 1-494); Private investment (e.g.
Super Valu); and Right of Way Mapping of 1-494 (Cedar to 394). She continued noting that
the Commission is working with all pertinent jurisdictions to prioritize construction projects.
Ms. Raduenz added that in the future the Commission's work will include: integrating TDM
service/infrasiructe planning; identification and pursuit of funding for priority projects;
encouragement of private investment for transportation improvements; and reconstruction
scheduling.
The Council thanked Ms. Raduenz for the update and briefly discussed the challenge of
meeting the growth of traffic.
FINAL PLAT APPROVED FOR THE COVENTRY AT CENTENNIAL LAKES TENTH
ADDITION - LAUKKA TARVIS DEVELOPMENT Affidavits of Notice were presented,
approved and ordered placed on file. Mayor pro tem Maefzold noted that because of a
possible conflict of interest he was removing himself from the discussion and vote on this
item. He turned the hearing over to Member Kelly.
Presentation by Planner
Planner Larsen explained the plat proposed a nine unit final building in the Centennial Lakes
Tenth Addition for Laukka Jarvis, Inc. Approval would mean that 97 units of the original 98
unit development have been approved for construction. The proposed plan is consistent with
the approved overall development plan.
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Minutes/Edina Citv Council/Tulv 20,1999
Peter Jarvis thanked the Council for their cooperation during the construction of this joint
venture. Mr. Jarvis stated that he was excited to see this venture corning to its completion and
suggested that the community will be thrilled when they see the final park developed. The
Council complimented Mr. Jarvis for the quality development.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL PLAT
FOR THE COVENTRY AT CENTENNIAL LAKES 10" ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, "THE COVENTRY AT CENTENNIAL LAKES l0m ADDITION", platted by
Centennial Land Partnership, a Minnesota limited partnership, an undivided 91.43%
interest, and John W. Hedberg, an undivided 8.57% interest, and the Housing and
Redevelopment Authority of Edina, Minnesota, public body corporate and politic under
the laws of the State of Minnesota, and presented at the regular meeting of the City
Council on July 20,1999, be and is hereby granted final plat approval
Adopted this 20th day of July, 1999. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly
Abstaining: Maetzold
Resolution adopted.
VARIANCE DENIAL UPHELD - DOUGLAS AND PATRICIA VAYDA, 5601 OAKLAWN
AVENUE Affidavits of Notice were presented, approved and ordered placed on file. I
Presentation By Planner
Assistant Planner Aaker explained that the subject property is located in the southeast corner
of West 56th Street and Wooddale Avenue. She noted that in October of 1998, a building
permit application including plans was submitted to accomplish remodeling of the home's
interior and to add a second story. The planning staff reviewed the plans and found they met
with Edina ordinance requirements except for the location of the new air conditioning unit.
At that time planning staff informed the designer and contractor that the air conditioner
must be located a minimum of five feet from the side yard lot line. The plan had illustrated
the unit only two feet from the lot line.
Assistant Planner Aaker stated that the contractor applied for a variance from setback May 1,
1999, to allow the air conditioner unit to be placed as indicated on the original site plan. The
variance application was placed on the June 17,1999, Zoning Board of Appeals Agenda for
consideration. The air conditioner unit was installed June 3,1999, as per the plan, in violation
of city ordinances and before the Zoning Board hearing.
Ms. Aaker explained that the Zoning Board of Appeals heard the request and unanimously
denied the variance. Doug and Pat Vayda, the homeowners were not in attendance at the
meeting. They also did not have anyone representing them at the meeting. Ms. Aaker added
the Zoning Board expressed concern that the unit was installed before the hearing and also
concern about imposing the unit onto the neighboring property. She reported that the
Vaydas were present and a letter of explanation had been included in the Council's packets.
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MinutesBdina City CouncivTuly 20,1999
Ms. Aaker noted that the property owner most affected by the unit indicated in a letter their
full support of the present location.
Member Hovland asked what staff‘s recommendation would be regarding the appeal. Ms.
Aaker replied that she recommended the air conditioner unit be moved to a conforming
location.
Member Kelly stated that for once he could see hardship in locating the unit. He noted the
people most affected by the air conditioner fully support its location.
Member Faust said that during her ten years on the Plannjng Commission and Zoning Board
of Appeals a variance was never allowed to go below three feet. A lawn mower needs a
minimum of three feet clearance. In addition, the Council must support the Zoning Board of
Appeals.
Mayor pro tem Maetzold noted that it appeared from the plans that the chimney also
encroaches into the setback. Ms. Aaker replied that chimneys are allowed within the setback.
Member Kelly asked if the contractors had violated any City code by installing the air
conditioner unit in a non-conforming location before the Zoning Board’s meeting. Building
Official Steve Kirchan replied that the installation was not in violation of any building code
he was aware of, however, the location violated Code Section 850.
Member Kelly asked if the City had any right to go after the contractor. Attorney Gilligan
answered the City could make the homeowner move the unit. Then the issue would be
between the homeowner and their contractor.
Mayor pro tem Maetzold asked if the Council approved the location of ‘the air conditioner
could there be an argument in the future that could cause the unit to be moved.
Member Faust stated her opinion that no decision should be based on a future complaint.
However, she expressed her concern that granting the variance would set precedent for
future requests.
Member Hovland stated that he does not believe that granting this particular variance could
be construed as setting precedence. He noted that variances must be considered individually
on its own merits.
Member Kelly disagreed that there would be no precedent set by granting this variance. In
this case the Council would be sending a message to contractors that disregarding Edina’s
rules is okay. He added that as long as there is an alternative location he would not support
approving the variance.
Proponent - Comment
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MinutesBdina City CouncivTulv 20,1999
Douglas and Patricia Vayda, 5601 Oaklawn Avenue, introduced themselves as the
homeowners of the subject property. Mr. Vayda reviewed how and why the present location
of the air conditioner unit was decided. He explained that moving the air conditioner would
be fairly expensive and most likely end up being paid for by himself and his wife. The
reason is because the Vaydas are experiencing difficulty with their contractor.
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Member Faust asked if the air conditioner was installed upon a concrete pad. Mr. Vayda
replied that he believed it was not a poured pad, just a pre-formed pad that was brought in
and placed under the unit.
Member Hovland asked the Vaydas to respond to the fact the air conditioner was installed
on June 3,1999, before the Zoning Board of Appeals meeting when their variance would be
considered.
Mrs. Vayda explained that their contractor had informed them that the variance was really
just a technicality. Initially, the Vaydas thought the variance had been applied for in the fall
of 1998 and not until March of 1999 did they learn that the variance had not been granted.
Mrs. Vayda stated that even then the contractor assured them obtaining a variance was a
simple matter. Again, in May of 1999, when it was learned that no variance had been applied
for, the contractor assured the Vaydas he would take care of it.
Mike Lewis, Zoning Board of Appeals Member, stated that he believed granting this variance
would be a precedent and would be a big concern to Zoning Board Members. It would send a
message that would allow people to come in and make variance applications after the fact
routinely. Mr. Lewis urged the Council maintain the integrity of the Zoning Board's process.
Mrs. Vayda commented that neither she or her husband made out the application filed by
their contractor. In fact, the contractor signed their names. She added that the area between
the two homes is really more an alley than a sideyard and urged the Council to grant the
requested variance.
Public Comment
Karen Siebert, 5600 Blake Road, noted she had attended the meeting for another matter, but
felt compelled to comment. Ms. Siebert stated that she had experience dealing with an
unscrupulous contractor. She stated this can be an exhaustive process with less than
favorable outcomes for homeowners. Ms. Siebert asked that the Council review and judge the
request on its own merits.
Council Discussion/ Action
Member Hovland asked the City Attorney about the precedential value of granting this
particular variance. Attorney Gilligan replied that unless the same situation arose within the
same time-frame and with the same circumstances one would not affect the other.
Member Kelly said that while the fact should not be denied that the contractor acted
unscrupulously, the Council must act consistently. Looking at the drawing there seems to be
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MinutesEdha Citv CouncivTuly 20,1999
no hardship in locating the air conditioner unit within a conforming location instead of its
present location. While he could certainly understand the hardship involved moving the
unit, Member Kelly also believed the Council should support the Zoning Board of Appeals.
He suggested that the homeowners be allowed &I extended period of time to resolve and re-
locate the air conditioner unit.
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Mayor pro tem Maetzold asked what a typical time frame would be if the variance were
denied under other circumstances for the homeowner to correct the non-compliance.
Manager Hughes replied typically the City would notify the homeowner the condition must
be corrected within two weeks. However, in this situation, he suggested that a one year time
frame would be acceptable.
Member Faust complimented the Vaydas on the lovely outcome of their remodeling, and
agreed that one year should allow time to settle the dispute with the contractor and arrange
to move the air conditioner.
Member Hovland noted that there was no question that the hardship was not self imposed.
He stated this was a difficult decision because there was no way to know the Zoning Board‘s
outcome if the variance had been considered before the air conditioner had been installed. He
would agree to uphold the Board’s denial of the variance request with the extended time for
correction.
Mayor pro tem Maetzold agreed with the other members in support of the variance denial.
Member Kelly introduced the following resolution and moved its adoption.
RESOLUTION
WHEREAS, the Edina Zoning Board of Appeals on the 17th of June did review and
unanimously deny the request for a variance from setback to allow an air conditioning
unit to encroach into the sidewalk setback at 5601 Oaklawn Avenue; and
WHEREAS, the property owners Patricia and Douglas Vayda did appeal the
aforementioned variance denial within the prescribed time to the Edina City Council; and
WHEREAS, the Edina City Council held a public hearing where the appellants were
allowed to state their request and public testimony was taken.
NOW, THEREFORE BE IT RESOLVED, that the Edina City Council upholds the Zoning
Board of Appeals’ denial of the requested variance to allow the location of an air
conditioner unit within the sideyard setback at 5601 Oaklawn Avenue.
BE IT FURTHER RESOLVED, that the home owners Patricia and Douglas Vayda are
hereby ordered and directed to have the non-conforming air conditioner unit moved to a
location conforming with Edina Code 850 by no later than July 20,2000.
Adopted this 20th day of July, 1999. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold
Resolution adopted.
*APPEAL OF VARIANCE CONTINUED UNTIL AUGUST 3, 1999 - ST. STEPHENS
CHURCH - 4439 WEST 50m STREET Motion made by Member Hovland and seconded by
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Minutesfidina City Council/Tulv 20,1999
Member Faust continuing the appeal of variance, St. Stephens Church, 4439 West 50th
Street until August 31,1999.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR SIDEWALKS - COUNTRYSIDE SCHOOL AREA AND
CORNELIA SCHOOL AREA, IMPROVEMENTS NOS. S-076, AND S-077, CONTRACT
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NO 99-5 (ENG) Motion made by Member Hovland and seconded by Member Faust for
award of bid for sidewalks in Countryside School Area and Cornelia School Area
Improvement Nos. S-076 and S-077, Contract No. 99-5 (ENG), to recommended low bidder,
Knish Construction Company, Inc., at $95,626.50.
Motion carried on rollcall vote - four ayes.
"BID AWARDED FOR TRACY AVENUE DROP-OFFPICK-UP BAY, IMPROVEMENT
NO. A-098, CONTRACT NO. 99-6 (ENG) Motion made by Member Hovland and seconded
by Member Faust for Tracy Avenue drop-off/pick-up bay, Improvement No. A-098,
Contract No. 99-6 (ENG), to recommended low bidder, Bituminous Roadways, Inc., at
$44,278.30.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR STORM SEWER IMPROVEMENTS STS-261- WEST 48m STREET
FROM MAPLE ROAD TO TUST EAST OF TOWNES ROAD & STS-263 - STAUDER
CIRCLE, CONTRACT NO 99-7 (ENG) Motion made by Member Hovland and seconded
by Member Faust for award of bid for storm sewer improvements STS-261, West 4Wh
Street from Maple Road to just East of Townes Road and STS-263, Stauder Circle Contract
No 99-7 (ENG), to recommended low bidder, Design Excavating, Inc., at $89,763.75.
Motion carried on rollcall vote - four ayes.
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TRAFFIC SAFETY REPORT OF JULY 6,1999 Traffic Coordinator Bongaarts explained that
several requests have been received to open Mackey Avenue between Sunnyside Road and
West 44th Skeet. He noted the skeet has been barricaded for at least thirty years and no one is
sure exactly how or why it came to be closed. Mr. Bongaarts stated that residents of
Sunnyside Road were surveyed. He reported that of the 38 residents 35 responded; 21 voting
yes to open the road, and 14 voting no regarding opening. Mi. Bongaarts said that staff
recommends opening Mackey Avenue because: 1) it would be difficult to put up a semi-
permanent barrier allowing only emergency vehicles and to maintain such a barrier; 2) a
second opening would be good for public safety due to the narrowness of Sunnyside Road
and the access to Mackey Avenue; and 3) it would enhance the traffic flow, especially for
those at the west end of Sunnyside Road.
Mayor pro tern Maetzold asked if Mackey Avenue were opened would staff recorrunend "No
Parking" on both sides of the street. Mr. Bongaarts replied that he would suggest leaving the
"No Outlet" signs in place, and perhaps to install a "STOP" sign at the intersection of Mackey
and Sunnyside, but prohibiting parking totally might hurt the residents living on Mackey.
Member Hovland, stated he did not believe there was a conflict of interest although he does
live on Sunnyside.
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Minutesfidha Citv CounciI/Tulv 20,1999
I Public Comment
Tom Kenealy, 4800 Sunnyside Road, stated he was a 45 year resident. Mi. Kenealy asked if
the Police Department had been given input to this suggestion. He added he was interested
in security and expressed concern that opening Mackey would potentially allow easier get-
aways from persons performing wrong doing. Police Chief Siitari said he sits on the Traffic
Safety Committee and he does not see any major safety issue with opening Mackey.
Jan Buth, 4700 Sunnyside Road, said she agrees with the opening of Mackey for numerous
reasons.
Sue Seckinger, 4912 Sunnyside Road, read from a submitted letter that Mackey should be
opened with NO PARKING on either side of the road. She had a house fire a number of years
ago and fire vehicles had a difficult time reaching her home. She surveyed her neighborhood
and took a count of service vehicles on three occasions and found the numbers were
numerous.
Mayor pro tern Maetzold asked if anyone knew why the barricade was put up. Mike Lewis
explained it was to keep cut through traffic from 100 entering the neighborhood.
Member Hovland said Sunnyside Road is extremely narrow and the number of cars is
growing with a growing lack of parking space. He believes there are public safety issues
involved as well as construction congestion. He voiced favor with opening Mackey, but
believes NO PARKING on both sides should be reconsidered to be only NO PARKING on
one side of the street. He further does not favor a STOP sign at 4900 but would favor the NO
OUTLET sign being kept in place.
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Member Faust agreed with the neighbors.
Member Kelly stated his agreement with the neighbors that opening Mackey would make a
lot of sense.
Mayor pro tem Maetzold believes Mackey should be opened.
Member Hovland made a motion to approve the Traffic Safety Staff Review of July 6,
1999, Section A, as follows:
I. Open Mackey Avenue between Sunnyside Road and West 44th Street;
and Section B. and C. Member Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
I MAETZOLD APPOINTED MAYOR FOR UNEXPIRED TERM TO TANUARY 1, 2001
Mayor pro tern Maetzold explained there were two options to fill the unexpired term of
Mayor to January 1, 2001. First would be to appoint a person to fill the seat. The second
option is to hold a Special Eilection in the fall of 1999, to fill the vacancy. Between now and the
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MinutesEdina Citv Council/Tulv 20,1999
time of the Special Election, an appointment for Mayor would need to be made even with
anticipation of a Special Election. The term would be for an approximately fourteen month
term. In the fall of 2000 a General Election would be held for the office of Mayor, with the I term beginning January 1,2001.
Public comment
Mary Kay Covey, 6112 Jeffrey Lane, stated she is in favor of holding an election.
Mike Lewis, 4601 Drexel Avenue, said the Council was elected to serve the community and
he stated his faith in the judgement of tfie Council to keep the City running. In his opinion,
because of the short term remaining any one on the Council would be able to serve. He
added that holding an election would be very costly.
Ardis Wexler, 4913 Larkspur Lane, spoke in favor of not having an election. She based her
opinion on her 26 years as an election judge and knowing how much money and time is
expended to hold an election. She said she concurred with Mr. Lewis that the public would
have faith in the Council's decision.
Betsy Robinson, 5021 Ridge Road, said she values the expertise and judgement of the Council
However, she asked: 1) if a Mayor was appointed, would they be able to run in the 2000
election as an incumbent, and 2) what would happen in the case of a tie. Attorney Gilligan
responded that if a Mayor was appointed by the Council, they could run for election but
incumbent would not be noted on the ballot. Ms. Robinson said she favored an election. She
expressed concern that an appointed Mayor would benefit in any future election. That would
be an unfair democratic process. Member Kelly said the point is one that has been struggled
with by the Council. Historically appointed candidates run in future elections unopposed.
However, he added his belief that the point could be taken care of with the Council seat. Ms.
Robinson said she knows there needs to be five Council Members, but she believed they
should be elected people, not appointed.
Nancy Atchison, 6512 Warren Avenue, asked for clarification of appointments; and then
urged appointment be made instead of holding a special election.
Betsy Robinson asked what is the law regarding appointment. Attorney Gilligan replied that
the statute requires Council to make an appointment to fill vacancies, but does not stipulate a
time frarne for such appointment. In Mr. Gilligan's best estimate, the time a council may take
to fill a vacancy would be 90 days.
Nathan Hause, 4500 Oxford Avenue asked where funds would come from for a Special
Election. Mayor pro tem Maetzold said this is a non-budgeted item add reserves would be
utilized to fund any Special Election.
Karen Siebert, 5600 Blake Road, asked why the Council had taken so long to bring this
process to the publics' attention. Mayor pro tem Maetzold replied the resignation was
received May 27,1999. He explained that properly posted meetings have been held as well
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Minutes/Edina City CounciVTu1.y 20,1999
articles have been in the paper. Member Kelly added at the last Council Meeting, ample time
was reserved at the July 20th meeting to adequately discuss the process and take public input.
Ms. Siebert stated she felt the office should be filled by election.
Council comment
Member Kelly said care needs to be taken that the rights of the public are not impinged upon
while the Council vacancies are filled. Points raised by Ms. Robinson have troubled him also
in that an incumbent has an advantage during any election. However, with respect to the
Mayor, Member Kelly stated he believed there is real value in continuity. If Council members
can reach a unanimous consensus on one candidate, and someone currently on the Council is
appointed, the community would be well served. The community has some weighty issues
pending and having someone appointed with experience would be an asset to moving
forward. He indicated a desire to reach agreement prior to any Mayoral appointment for a
process to handle the resulting Council vacancy. Member Kelly suggested the vacancy could
be filled by someone willing to be appointed to serve on a truly interim basis who would
agree to only serve till the next general election, and not run for re-election.
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Member Hovland said when this was discussed previously, he indicated his favor with the
appointment process on both positions. He has tempered his opinion of late. He believes the
Mayoral position should come from the existing Council and to serve to the General Election
in 2000. He does not have the same fears as Ms. Robinson with respect to the advantage issue.
Member Hovland further said he was in favor of appointing someone to the Council seat
with no caveats precluding that person from running in the 2000 General Election. However,
he could be persuaded by Member Kelly into leaving this as an open seat for the General
Election in 2000. Member Hovland stated he believed there is an abundance of qualified
Edina residents who possibly would agree not to rtu~ in the General Election. He further
believes a Special Election would not be necessary and an interim Council appointee would
serve well.
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Member Faust stated that the Mayor position has no more power than any of the Council
members unless the Mayor would need to break a tie in appointing a fifth Council member.
She added that Mayor pro tem Maetzold was already elected to the Council, so she would
consider him an "elected" official. Member Faust agreed with the concept of finding a
Council appointee who would agree to serve only until December 31,2000. Member Faust
voiced her belief that Member Maetzold should be appointed Mayor.
Mayor pro tem Maetzold said he has struggled with this process from a practical standpoint.
He stated he felt a decision must be made to allow the Council to give their attention to
important business that is pending. He agreed the Mayor's position should be filled by a
person now serving on the Council. He added there is a steep learning curve on the Council
and it is important to understand the issues at hand. With only seventeen months remaining
in the Mayor's term, the appointment should come from the Council. He agreed with
Member Kelly that Council interim appointment should be made from applicants who would
agree not to run in the 2000 General Election.
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I MinutesDdina CiW Council/Tulv 20,1999
Member Kelly stated that there have been strong disagreements within the current Council,
but that a mutual respect has always been maintained. He voiced strong support for the
appointment of Dennis Maetzold to serve as Mayor. Member Kelly said the public voice has
been heard. Mr. Maetzold is the right choice, he is the most senior member of the Council, he
has the history and experience and he has the right intentions of the City in hand.
Member Hovland noted that the Council is all saying the same thing. He explained the
discussion would not have been so difficult if legislation, effective August 1, 1999, now
would allow a special election for vacancies on Council of less than two years. Member
Hovland added that every part of him supports Dennis Maetzold for Mayor. He said it
would be a disservice to the City of Edina not to have him serve as Mayor on a full-time
basis. Member Maetzold is the consummate public servant and will do an outstanding job as
Mayor.
Member Faust noted that four persons will be up for election in 2000 and if the public is not
happy, they can 'throw the burns out'.
Member Kelly summed up the discussion with, 1) there will be unanimity in the appointment
of the interim Council Member if Mayor pro tem Maetzold is appointed, 2) candidates will be
sought as willing to only serve the 17 month term till December 31,2000.
Mayor pro-tem Maetzold asked the City Attorney if an appointee could be asked to commit
to not stand for election in November 2000. Attorney Gilligan commented a statement of
intent could certainly be sought, however, he did not believe it would be legally binding.
Members Faust, Hovland and Kelly unanimously moved and seconded the appointment
of Dennis Maetzold to the unexpired term of Mayor until December 31,2000.
Roll call:
Ayes: Faust, Hovland, Kelly
Abstain: Maetzold
Motion carried.
Member Maetzold stated that his appointment as Mayor is a great honor. He added it has
been a trying time for Edina. Serving as Mayor was not something he ever envisioned or
sought, but he would do his best in the position. When appointed Mayor pro tem he
envisioned filling in occasionally when the Mayor was unavailable. When the Mayor's office
was vacated, he stepped in and served willingly. He has lived in Edina for over 27 years and
has served in many capacities in the City. He voiced his excitement with working with the
staff and Council in his new capacity.
Manager Hughes noted the process followed previously when appointing a Council Member
had been to publish the intent in the Edina Sun-Current with a time period stated.
Applications were received and perused by the full Council for appointment. Mayor
Maetzold asked how the interim person would be approached about the term limit. Attorney
Gilligan said this could be a question during the interview process. Manager Hughes noted
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Minutes/Edina Citv Councivjulv 20,1999
the reverse had been true with the last two appointments in that the candidates were
encouraged to seek the seat they were filling in the interim.
Attorney Gilligan suggested a Mayor pro tem be appointed.
Mayor Maetzold made a motion to appoint Member Kelly as Mayor pro tem. Member
Hovland seconded the motion.
Roll call:
Ayes: Faust, Hovland, Maetzold
Abstain: Kelly
Motion carried.
The Council directed staff to place a notice in the paper that applications for appointment to
Mayor Maetzold's Council seat would be taken untiI August 10,1999. A special meeting was
scheduled at 5:OO p.m. on August 17,1999.
*REPORT RECEIVED BOARD OF WATER & SOIL RESOURCES MINNEHAHA CREEK
Motion made by Member Hovland and seconded by Member Faust for award of bid for
storm sewer improvements STS-261, West 48". Street from Maple Road to just East of
Townes Road and STS-263, Stauder Circle Contract No 99-7 (ENG), to recommended low
bidder, Design Excavating, Inc., at $89,763.75.
Motion carried on rollcall vote - four ayes.
BLAKE ROAD TRAFFIC DISCUSSED Mary Kay Covey, 6112 Jeffrey Lane, stated she came
to speak to the Council regarding the dangerous traffic on Blake Road. Ms. Covey said her
home is located at the corner of Jeffrey Lane and Blake Road. She stated that she had
distributed flyers to her neighbors urging them to call and write to the Council if they were
not able to come in person. Ms. Covey stated there are many small children on Blake Road
and that .traffic is dangerous. Cars travel at unsafe speeds, especially coming from Opus
down Blake Road.
Karen Siebert, 5600 Blake Road, agreed with Ms. Covey adding that traffic does not stop. She
urged installing some kind of speed bumps or a STOP sign.
Mayor Maetzold thanked the residents for bringing their concerns to the City Council. He
explained that the City has a Traffic Safety Committee with which residents can address
traffic concerns. Mayor Maetzold asked the City Manager to outline a course of action.
Manager Hughes suggested that speed enforcement be utilized and that Traffic Safety
Coordinator Bongaarts meet with the residents. The City is looking at traffic issues in
Parkwood Knolls and perhaps should look at including Blake Road in their study. The
Council directed staff to review the issue with the neighbors and report their findings to the
council.
DURR LTD PLAN DISCUSSED Owen Husney, 3920 West 44th
Council regarding the demolition and expansion of Durr Ltd. Mr
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Street, appeared before
Husney said he did not
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Minuteskdina City Council/Tuly 20,1999
know when he purchased his home that the property next door was zoned commercial. He
added that he believed that his home has lost about $40,000 value due to the demolition of
the houses and the trees. He urged the Council to,do something to stop what he believed to
be the devastation of the Morningside area. k. Husney informed the Council he has
retained an attorney and intended to take action to protect himself. He asked the Council to:
1) put the Durr project on hold; 2) require Durr to install a fence; 3) complete an
environmental study; and 4) complete a traffic study. Mr. Husney stated he has been
appalled by the action of Durr Ltd.
Michael Rock, 3924 West 44th Street, explained that he is an emergency room physician so he
is home during the daytime. He stated that during the demolition his home shook. He asked
that the parking ordinance be enforced in front of his home. Dr. Rock expressed concern
about the dangerous construction site, especially since the demolition had left appliances on
the site. Dr. Rock also asked that the City make sure the landscaping and lighting plans
approved are completed as approved.
The Council briefly discussed the issue noting that it can be a hardship when a long period of
time elapses between approval and actual construction of a project. They consulted the City
Attorney regarding the legality of the project. The Attorney stated that the Durr project could
not be stopped because it had received all the necessary approvals and permits. Staff was
directed to research a policy that would limit the time developers have between Council
approval and the beginning of construction, to make sure that no dangerous appliances were
left on the site, and to enforce all City ordinances relative to parking and construction
activity.
2000 BUDGET ASSUMPTION APPROVED City Manager Hughes explained that as
directed by the Council at the last budget meeting, Staff has made some changes to the
budget assumptions for the year 2000 budget. These changes would allow the City’s budget
to comply with the levy limit that have put a sigruficant restriction on the City’s ability to
provide any new service or make improvements to our existing service delivery. Mr. Hughes
reviewed the following sigmficant changes to the assumptions:
REVENUES
Increase Liquor Store Contribution for MDT Project-Left out 1st draft
Reinstatement of Fairview Contribution-Fund Medical Director
Rental of Property-Additional Antenna Leases
Building/Mechanical/Plumbing Permit-Increased Activity
Total Adjustments to Revenues
EXPENDITURES
Health Insurance Contribution Increase-Higher Rates Expected in 2000
Police Department Professional Services-Data Processing Assistance
$33,000
$17,000
$80,000
$140,000
$10,000
$60,000
$10,000
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MinutesEdha Citv CounciVTuly 20,1999
Assessing Department Changes-Software, Part-time help, Addl. Vehicle $15,500
Total Adjustments to Expenditures $85,000
Mr. Hughes explained that the changes to the budget assumption should allow the City’s
2000 Annual Budget to meet the levy limits set by the State and still provide the quality of
service that Edina has provided in past years.
Following the review of the assumptions Mr. Hughes asked that Council approve the revised
assumptions. He explained that this would allow staff to prepare a formal budget for
hearings in mid-September and would also require the Council to cerhfy the maximum
property tax levy (+2,2%) to Hennepin County at the first September meeting.
Member Hovland made a motion adopting the revised budget assumptions. Member
Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
CLAIMS PAID Motion made by Member Faust approving payment of the following
claims as shown in detail on the Check Register dated July 15,1999, and consisting of 40
pages: General Fund $284,934.67; C.D.B.G. $175.00; Communications $18,152.35; Working
Capital $16,288.35; Art Center $7,140.29; Golf Dome Fund $3,743.26; Swimming Pool Fund
$11,232.42; Golf Course Fund $39,647.34; Ice Arena Fund $21,220.23;
Edinborough/Centennial Lakes $26,017.13; Utility Fund $73,632.62; Storm Sewer Utility
Fund $17,346.91; Recycling Program $35,092.44; Liquor Dispensary Fund $303,870.21;
Construction Fund $81,691.31; TOTAL $940,184.53. Member Kelly seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
There being no further business on the Council Agenda, Mayor Maetzold adjourned the
Council Meeting at 11:OO p.m.
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