HomeMy WebLinkAbout2014-06-03 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JUNE 3, 2014
7:00 P.M.
1. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:03 p.m.
11. ROLLCALL
Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland.
111. MEETING AGENDA—APPROVED
Member Bennett made a motion, seconded by Member Swenson, approving the meeting
agenda.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA IV.1—ADOPTED
Member Swenson made a motion, seconded by Member Sprague approving the consent
agenda as revised to remove Item IV.I.C., Request for Purchase, 2014-2015 Salt Purchase;
Item IV.I.I., Amendment Lunds Byerly's 71 France Addition Development Contract; and,
Item M.I.J., Ordinance No. 2014-07 Amending Chapter 8 Concerning Dogs, as follows:
IV.I.A. Approve regular and work session meeting minutes of May 20, 2014
IV.I.B. Receive payment of the following claims as shown in detail on the Check Register
dated May 22, 2014, and consisting of 35 pages; General Fund $149,261.40; Police
Special Revenue $2,541.79; General Debt Service Fund $450.00; Working Capital
Fund $223,100.95; Equipment Replacement Fund $8,848.70; Art Center Fund
$2,227.84; Golf Dome Fund $162,191.87; Aquatic Center Fund $6,113.64; Golf Course
Fund $19,669.01; Ice Arena Fund $7,246.58; Edinborough Park Fund $2,794.93;
Centennial Lakes Park Fund $10,530.89; Liquor Fund $228,425.88; Utility Fund
$80,887.36; Storm Sewer Fund $3,845.48; PSTF Agency Fund $1,195.95; Centennial
TIF District $58,655.88; Grandview TIF District $1,716.50; Southdale 2 District
$43,104.23; TOTAL $1,012,808.88 and for receipt of payment of claims dated May 29,
2014, and consisting of 29 pages; General Fund $165,025.63; Police Special Revenue
$455.95; Pedestrian and Cyclist Safety $3,871.40; Working Capital Fund $847,980.95;
Equipment Replacement Fund $110,054.00; Art Center Fund $695.63; Golf Dome
Fund $670.14; Aquatic Center Fund $10,105.04; Golf Course Fund $28,698.15; Ice
Arena Fund $10,446.85; Edinborough Park Fund $5,848.07; Centennial Lakes Park
Fund $13,450.38; Liquor Fund $145,674.70; Utility Fund $275,812.71; Storm Sewer
Fund $4,564.52; PSTF Agency Fund $4,936.00; Centennial TIF District $30,855.01;
Southdale 2 District $963.50; TOTAL $1,660,108.63; and, Credit Card Transactions
dated March 26, 2014—April 25, 2014; TOTAL$40,284.41
M.I.C. Request for Purchase, 2014 2015 Salt P
IV.I.D. Request for Purchase, 2014 Elgin Crosswind Street Sweeper, Public Works— Utilities,
awarding the bid to the recommended low bidder, Mac Queen Equipment, Inc., State
Contract#70741, at $182,148.00
IV.I.E. Request for Purchase, Award of Bid — Improvement P-23 50th and France Parking and
Wayfinding Improvements (Contracts I, 2, 4 and 5), awarding the bid for Package I to
the recommended low bidder, Blackstone Contractors, at $447,000.00; and awarding
the bid for Package 2 to the recommended low bidder, Restoration Systems, at
$863,000.00; awarding the bid for Package 4 to the recommended low bidder,
Blackstone Contractors, at $1,089,045.00; and, awarding the bid for Package 5 to the
recommended low bidder, Superior Painting, at$204,397.00
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Minutes/Edina City Council/June 3, 2014
IV.I.F. Reject Bid-Contract ENG 14-6 West 54th Street
IV.I.G.Authorize Cost Share Agreement and Maintenance Plan with Nine Mile Creek
Watershed District
IV.I.H.Approve Change Order - Contract ENG 14-3 Bredesen Park D and Countryside F
Neighborhood Roadway Improvements, Palda & Sons, Inc. at $424,819.49 for
watermain replacement
!V.I.!. Amendment; Lunds Byerly's 71 France Addition Development Centract
■lV.l+ Ordinan ee No. 2014 07 Amending Chapter Concerning Dogs
IV.I.K. Approve Request for Information for Consultant Services for Small Area Planning
Process, Wooddale Avenue and Valley View Road
Rollcall:
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA IV.1
IV.I.C. REQUEST FOR PURCHASE, 2014-2015 SALT PURCHASE—APPROVED
Member Bennett recused herself from the vote as her husband was a pensioner of Cargill. Member
Swenson made a motion, seconded by Member Sprague, approving Request for Purchase,
2014-2015 Salt Purchase, awarding the bid to the recommended low bidder, Cargill, Inc.,
State Contract #77774, regular road salt at $65.97 per ton; and, Contract #77778, treated
road salt at$81.39 per ton.
Ayes: Brindle, Sprague, Swenson, Hovland
Nays: None
Abstain: Bennett
Motion carried.
IV.1.1. LUNDS BYERLrS 71 FRANCE ADDITION DEVELOPMENT CONTRACT AMENDMENT—
APPROVED
Member Brindle made a motion, seconded by Member Swenson, approving Lunds Byerly's
71 France Addition Development Contract Amendment.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV.I.J. ORDINANCE NO. 2014-07 AMENDING CHAPTER 8 CONCERNING DOGS— TABLED
The Council expressed concern with the ordinance wording relating to damage and consent. Manager
Neal suggested staff solicit the Council's comments prior to the July I, 2014, Council meeting. Member
Brindle made a motion, seconded by Member Bennett, tabling consideration of Ordinance
No. 2014-07 Amending Chapter 8 Concerning Dogs, to the July 1, 2014, Council meeting.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA IV.11—ADOPTED
Member Swenson made a motion, seconded by Member Brindle, approving the consent
agenda as follows:
IV.II.A. Request for Purchase, Pamela Park Field Artificial Turf, Field Turf Synthetic Turf
Sports Fields, awarding the bid to the recommended low bidder, Field Turf at
$379,540.71
IV.11.6. Request for Purchase, Award of Bid — Contract #13-6PK, Sports Dome, Arena
Outdoor Refrigerated Rink Bid Package Two, awarding the bid to multiple vendors in
multiple bid and quote categories at$3,399,318.00 total quotes and bids
IV.II.C. Request for Purchase, Award of Bid — Contract #13-7Pk, Pamela Park Site Work,
awarding the bid to multiple vendors in multiple bid and quote categories at
$1,622,858.00 total quotes and bids
Ayes: Brindle, Sprague, Swenson, Hovland
Nays: Bennett
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Minutes/Edina City Council/June 3. 2014
Motion carried.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
V.A. LEGACY DESTINATION AWARD—CONSERVATION MINNESOTA—RECEIVED
Sheila Smith, Executive Director of Minnesota Citizens for the Arts, and Paul Austin, Director of
Conservation Minnesota, congratulated the City for its use of Legacy Amendment opportunities and
declared Edina to be a Legacy Destination. The Council thanked Ms. Smith and Mr. Austin for recognizing
Edina in this way.
V.B. BICYCLE FRIENDLY COMMUNITY AWARD — LEAGUE OF AMERICAN BICYCLISTS —
RECEIVED
Steve Clark, League of American Bicyclists, described the mission of the League to help cities become bike
friendly and congratulated Edina for receiving this recognition. Nick Mason, Bicycle Alliance of Minnesota,
presented details on bicycle ridership and stated Edina had been awarded the Bicycle Friendly Community
Bronze Award. He congratulated the City's leadership and the Bike Edina Task Force for their success in
this regard.
The Council thanked Mr. Clark and Mr. Mason for their positive comments about Edina.
V.C. HENNEPIN COUNTY SHERIFF RICHARD STANEK—RESCHEDULED
This item to be rescheduled.
VI. PUBLIC HEARINGS HELD—Affidavits of Notice presented and ordered placed on file.
VI.A. CONSIDER VACATION OF PUBLIC RIGHT-OF-WAY, PORTION OF WEST 67TH STREET—
RESOLUTION NO. 2014-61 ADOPTED
Engineer Presentation
Engineer Millner presented the request of Xerxes Investors, LLC, for vacation of public right-of-way for a
portion of West 67th Street to allow Hennepin County to resolve a gap in the property title. Attorney
Knutson answered questions of the Council related to preservation of transportation rights-of-way.
Mayor Hovland opened the public hearing at 7:25 p.m.
Public Testimony
Jim Halvorsen, 6700 Xerxes Avenue, addressed the Council
Member Swenson made a motion, seconded by Member Sprague, to close the public
hearing.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Mr. Knutson clarified that the consideration was to complete the vacation of the easement, and if someone
thought they had an ownership interest, that person should seek advice from a private real estate attorney.
The City was not determining ownership or transferring title with this action. Member Sprague
introduced and moved adoption of Resolution No. 2014-61, Vacating a Portion of West 67th
Street. Member Swenson seconded the motion.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VII. COMMUNITY COMMENT
Frank Lorenz, 7501 York Avenue South, Unit 720, presented concerns relating to traffic congestion on
France and Penn Avenues due to road construction and the need for additional parking at 50th and France.
Vlll. REPORTS/RECOMMENDATIONS
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Minutes/Edina City Council/June 3, 2014
VIII.A. ORDINANCE NO. 2014-10 ZONING ORDINANCE AMENDMENT, ALLOWING R-1, R-2,
AND PRD-1 PROPERTY TO BE CONSIDERED AS PART OF A PLANNED UNIT
DEVELOPMENT—ADOPTED
Community Development Director Teague indicated Ordinance No. 2014-10, was introduced on May 20,
2014 on a vote of 4-1 and if granted Second Reading, would amend the Zoning Ordinance to allow
consideration of R-1, R-2, and PRD-I property within a Planned Unit Development. He explained that the
Planning Commission recommended adoption on a 4-1 vote.
The Council discussed the ordinance language and asked questions of Mr. Teague relating to examples of
'thresholds' and 'triggers' for different base zoning when applying PUD to residential properties. Mr.
Teague explained 'triggers' might be considerations such as affordable housing, use of sustainable design
principles, and pedestrian friendly design. 'Threshold' could be an acreage minimum. It was noted that this
ordinance amendment will require neither triggers nor a threshold. Member Swenson made a motion
to grant Second Reading adopting Ordinance No. 2014-10, Amendment Regarding Planned
Unit Development Applicability in the R-1, R-2, and PRD-I District. Member Sprague
seconded the motion.
Rollcall:
Ayes: Brindle, Sprague, Swenson, Hovland
Nays: Bennett
Motion carried.
VIII.B. ORDINANCE NO. 2014-9 AMENDING CHAPTERS 24 AND 26 CONCERNING
OPERATION OF BICYCLES ON SIDEWALKS—ADOPTED
Mr. Neal indicated the Council would be presented with two viewpoints: Edina Transportation
Commission's (ETC's) recommendation to allow bicycles to operate on sidewalks; and, the Police
Department's recommendation to not consider such an ordinance amendment.
Transportation Planner Nolan presented the consideration of the ETC relating to Active (Safe) Routes to
School and recommendation to amend Ordinance Chapters 24 and 26 to allow the operation of bicycles
on sidewalks subject to several conditions. Mr. Nolan referenced the Engineering Department's Advisory
Communication finding this ordinance modification was in line with the City's Living Streets Policy.
Jennifer Janovy, Bike Edina Chair, answered questions of the Council relating to operation of a motorized
wheelchair, indicating such a vehicle would not be excluded from operation on sidewalks.
Council concern was expressed that State Statute permits the operation of a bicycle on a sidewalk and
that the ETC recommendation included business districts such as 50th and France. Mr. Nolan explained
that busy districts and locations where doors open onto sidewalks could be posted to prohibit operation
of bicycles on sidewalks. The Council considered whether that would add a layer of complication and
necessitate a higher level of public education.
Police Chief Nelson presented the outlook of the Police Department not supporting this ordinance
amendment as the current ordinance provided a better atmosphere for enforcement. In addition, the
Department was concerned that the amendment would result in more personal injury bicycling accidents,
particularly to pedestrians. Chief Nelson indicated the Police Department does not have the resources to
enforce the proposed ordinance amendment and preferred to keep the ordinance unchanged.
The Council acknowledged the safest facility for a bicyclist was on a dedicated bicycle path; however, the
City did not have the resources to create such paths throughout the City. The Council discussed the use
of bicycles on sidewalks and asked questions of Chief Nelson relating to enforcement and safety.
Member Swenson made a motion to grant First and waive Second Reading adopting
Ordinance No. 2014-9, Amending Chapters 24 and 26 of the Edina City Code Concerning
Operation of Bicycles on Sidewalks. Member Sprague seconded the motion.
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Minutes/Edina City Council/June 3, 2014
Mr. Nolan stated the ETC does not disagree with the safety issues raised by Chief Nelson; however, it was
currently not legal to ride a bicycle on a sidewalk so bicyclists, motorists, and pedestrians have not yet
been educated about how to do so safely. Mr. Millner indicated discussion had been held about the age of
bicyclists and it was found that as age increases, bicyclists would move to the street because it was a faster
route. Those who were not comfortable with using the street would prefer to remain on the sidewalk
where the pace was slower.
The Council found that bicycling on sidewalks was already occurring and because Edina did not have an off-
road bicycle system or regional trail, support was expressed for the amendment as it allowed the City to
develop a system of routes based on ability. The correspondences submitted by Bicycling and Walking
Program Manager Steve Clark and Dr. Paul Moritz were referenced that detailed the higher incident of
accidents between cyclist and vehicles when cyclists unexpectedly enter traffic from a sidewalk or side
path. Concern was expressed relating to allowing bicycling in congested business districts, confusion that
might result about which business districts were and were not posted, and complication of enforcement.
Rollcall:
Ayes: Bennett, Brindle, Sprague, Swenson
Nay: Hovland
Motion carried.
VIII.C. ORDINANCE NO. 2014-8 AMENDING CHAPTERS 4 AND 6 CONCERNING ON-SALE
LIQUOR LICENSES WITH AMUSEMENT DEVICES—FIRST READING GRANTED
Economic Development Manager Presentation
Economic Development Manager Neuendorf reviewed the proposal of Simon Properties to reoccupy the
mostly vacant third floor space at Southdale Center by extensively remodeling much of that level to
accommodate a new destination restaurant, Dave and Busters. However, the City's code prohibited
issuing an on-sale intoxicating liquor license to this type of business. He presented the basis of staffs
recommendation to amend City Code to allow the issuance of full-service liquor licenses with restaurants
that also offer amusement games of skill.
Proponent Presentation
John Phipps, Simon Properties, described the difficulty in leasing this space, alternatives that have not been
successful, and belief that a destination retailer such as Dave and Busters would be a good fit. He stated
their support for the ordinance amendment and asked for the Council's favorable consideration. Mr.
Phipps explained Dave and Busters were located in a variety of Simon malls and while the layout might be
different, the format remained the same. This location would be unique in not having an outdoor
entrance.
The Council acknowledged that Simon Properties had made a transformative investment into common
areas of over $15 million in addition to a $5 million loan from the City. Ben Martin, Southdale Shopping
Center Manager, stated that investment had significantly impacted occupancy of the main wing for the
better, reaching nearly full occupancy. However, the second wing had been more challenging. It was
believed that Dave and Busters would result in a positive impact to lease the second wing and bring
Southdale Center to nearly full occupancy.
Lisa Warren, Vice President of Development with Dave and Busters, presented the company's history,
business concept, flexible format that adapted to the market, customer and sales profile. She stated Dave
and Busters was excited about the offering in Edina at Southdale Center, finding it an attractive market.
Ms.Warren presented a preliminary floor plan.
Jill Valachovic, Dave and Busters, described Dave and Busters' amusement offerings and stated no game
paid out more than $10 worth of redeemable tickets in a single play. Dave and Busters anticipated hiring
140 to 160 employees. Ms. Valachovic reviewed Dave and Busters' community partnerships, daily
operations, house policies, and high level/robust training and certification required of employees, floor
captains, and managers.
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Minutes/Edina City Council/June 3, 2014
Ms. Warren stated this plan provided more booth seating than a prototypical plan and peak hours were 5
p.m. to 9 p.m. on weekends. The national food-to-beverage ratio was 70% food to 30% beverage. Mr.
Martin explained when Southdale Center was not open, that wing of the mall would be cordoned off with
stanchions to direct Dave and Busters' customers to the exit.
Mr. Neal stated the issue before the Council was the ordinance amendment and the questions relating to
security, and exiting Southdale Center had not yet been reviewed by Police Chief Nelson or the Fire
Department. Chief Nelson answered questions of the Council relating to public safety and indicated that
in 2014, there were 40 calls for service at the Maple Grove Dave and Busters, two being medical related.
In 2013, Southdale Center had 714 calls for service. The Council considered the distance of Southdale
Center from residential property due to the lateness of hour Dave and Busters would be open. Chief
Nelson stated he found Dave and Busters' house policies to be more restrictive than the norm and Maple
Grove had indicated Dave and Busters was a good corporate citizen and friendly/cooperative with the
Police Department.
The Council asked questions of Mr. Neuendorf and Mr. Teague about the ordinance language. Ms.
Warren explained how Dave and Busters' house policies were developed through 30 years of practice and
70 successful locations. At the request of Council, Ms. Valachovic described a 'tower of beer' that was a
50 oz. pitcher served to three customers, noting each customer was asked for identification.
Mr. Phipps stated Simon Properties had a positive experience with Dave and Busters, which started in
1996, and Simon Properties intended to continue to invest in this concept. Ms. Valachovic stated in most
locations, the minor policy does not allow for anyone under the age of 18 without a parent or guardian;
however, in some locations the minor policy does not allow for anyone under the age of 21 without a
parent or guardian. Member Sprague made a motion to grant First Reading to Ordinance No.
2014-8, Amending Chapters 4 and 6 of the Edina City Code Concerning Alcoholic Beverages
and Amusement Devices. Member Brindle seconded the motion.
The Council indicated it was impressed with the management of Southdale Center by Simon Properties.
Support was expressed for the ordinance amendment based on Simon Properties' positive experience and
track record with Dave and Busters. It was acknowledged that Maple Grove also had a positive
experience with Dave and Busters and there was benefit from 30 years of experience in developing a good
business plan and effective house policies.
Concern was expressed relating to this particular model and promotion of liquor, which was not a good
match for Edina, as well as the imbalance between private profit and public expense (Police Department).
The options were raised to require a minor policy for 21 years of age rather than 18 years of age and to
restrict this type of use to certain properties. The Council reviewed the properties where this use could
be requested. Attorney Knutson advised that if the amendment was approved, any business meeting these
criteria could proceed. Council support was expressed to consider, prior to second reading, language
requiring the leased space be at least 30,000 square feet in gross floor area and in a building similar to
Southdale Center.
Ayes: Brindle, Sprague, Hovland
Nays: Bennett, Swenson
Motion carried.
VIII.D. METROPOLITAN COUNCIL LIVABLE COMMUNITY GRANT AWARD — 66 WEST
APARTMENTS BY BEACON
Mr. Neal explained that Beacon Interfaith Housing Collaborative had a limited number of days to apply for
grant funding and the City had not yet taken steps to approve that project. He noted the proposed
language was written in a speculative fashion that would allow Beacon to move forward without binding
the City in a regulatory or legislative standpoint or to accommodate that type of housing. Member
Swenson made a motion, seconded by Member Bennett, indicating the City was receptive
and willing to accept LCA grant funds if the Beacon application was successful.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
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Minutes/Edina City Council/June 3, 2014
Motion carried.
VIII.E. SPECIAL ASSESSMENT POLICY SOTH AND FRANCE COMMERCIAL DISTRICT —
APPROVED
Mr. Neuendorf presented staffs recommendation to clarify the method used to distribute special
assessments for the $5.8 million restoration and improvement project for the 50th and France commercial
area. If approved, this policy would supplement the City's existing policy that governed all types of special
assessment projects. Member Brindle made a motion, seconded by Member Bennett,
approving Special Assessment Policy to clarify the method to distribute special assessments
in the 50th and France commercial area.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Member Brindle left the Chambers.
VIII.F. RESOLUTION NO. 2014-62 ADOPTED — ACCEPTING VARIOUS GRANTS AND
DONATIONS
Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be
adopted by Resolution and approved by four favorable votes of the Council accepting the donations.
Member Swenson introduced and moved adoption of Resolution No. 2014-62 accepting
various grants and donations. Member Bennett seconded the motion.
Rollcall:
Ayes: Bennett, Sprague, Swenson, Hovland
Member Brindle was out of the Council Chambers for this vote.
Motion carried.
VIII.G. CITYWIDE MARKED CROSSWALK STANDARD—APPROVED
Mr. Nolan presented the recommendation of staff and the ETC for standardized crosswalk markings based
on Council direction at its February 3, 2014, meeting.
Member Brindle returned to the Chambers.
The Council discussed crosswalk marking options and visibility and durability of each method. Mr. Nolan
answered questions of the Council relating to long-term staff costs. Mr. Millner advised that Public Works
was at the limit of what could be marked each year without impacting level of service. Member Sprague
made a motion, seconded by Member Bennett approving the Citywide marked crosswalk
standard.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IX. CORRESPONDENCE AND PETITIONS
IX.A. CORRESPONDENCE
IX.B. ENERGY& ENVIRONMENT COMMISSION ADVISORY COMMUNICATION. EEEP/PACE
IX.C. ENERGY & ENVIRONMENT COMMISSION ADVISORY COMMUNICATION. PLASTIC
WATER BOTTLES
IX.D. MINUTES.
1. ART& CULTURE COMMISSION MINUTES,APRIL 24, 2014
2. EDINA TRANSPORTATION COMMISSION, APRIL 17, 2014
Mayor Hovland acknowledged the Council's receipt of various correspondence.
X. AVIATION NOISE UPDATE—Received
XI. MAYOR AND COUNCIL COMMENTS—Received
X11. MANAGER'S COMMENTS
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Minutes/Edina City Council/June 3, 2014
XII.A. SOUTHDALE 2 AFFORDABLE HOUSING— Received
XII.B. COMPREHENSIVE PLAN AMENDMENT RE: RESIDENTIAL DENSITY IN MIXED USE
AREA — Received
X11.C. NEW SALES TAX CHANGES—To be presented June 17, 2014
XII.D. FOURTH OF JULY CELEBRATION— Received
Informational; no action required.
XIII. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned
at 10:45 p.m.
Respectfully submitted,
Debra A� Mangen, Cit 'CI
Minutes approved by Edina City Council,June 17, 2014.
J ames B. 14o v Mayor
and,
Video Copy of the June 3, 2014, meeting available.
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