HomeMy WebLinkAbout2008-02-04 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
FEBRUARY 4, 2008
7:00 P.M.
ROLLCALL Answering rollcall were Members Bennett, Housh, Masica, Swenson and Mayor
Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Swenson and
seconded by Member Masica approving the Council Consent Agenda as presented with
the exception of Item V.D. Ratify Edina School Board Appointments to Human Rights and
Relations Commission and Item V.G. Resolution No. 2008-14 Affirming Support for
Active Living Hennepin County.
Rollcall:
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
"EDINA UNPLUGGED" PROCLAIMED FOR MARCH 10, 2008 Mayor Hovland read a
proclamation that proclaimed March 10, 2008, as "Edina Unplugged" day in Edina and
encouraged families to set aside that day that no homework, no meetings, no practices and
no organized activities be scheduled.
Member Bennett made a motion proclaiming March 10, 2008, as "Edina Unplugged" night
in Edina. Member Swenson seconded the motion.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*MINUTES OF THE REGULAR MEETING OF JANUARY 15, 2008, WORK SESSION OF
JANUARY 15, 2008, STUDY SESSION OF JANUARY 22, 2008, WORK SESSION OF
JANUARY 22, 2008, AND WORK SESSION OF JANUARY 29, 2008 APPROVED Motion
made by Member Swenson and seconded by Member Masica approving the Minutes of
the Regular Meeting of January 15, 2008, Work Session of January 15, 2008, Study Session of
January 22, 2008,Work Session of January 22,2008, and Work Session of January 29, 2008.
Motion carried on rollcall vote - four ayes.
RESOLUTION NO. 2008-18 ADOPTED UPHOLDING ZONING BOARD VARIANCE
CYPRESS EQUITIES SIGN Affidavits of Notice presented and ordered placed on file.
Planning Director Teague explained Cypress Equities received final development plan
approval to tear down the old 40,000 square foot AMC movie theatre, and build the
following:
• A 31,000 square foot single level retail building along France Avenue.
• A 22,000 square foot retail building with a five-level parking ramp above. Attached to
the south would be a 32,960 square foot two-level retail/restaurant building.
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Minutes/Edina City Council/February 4,2008
Mr. Teague stated the development has been designed to face Centennial Lakes Park. It was
also designed to encourage pedestrian movement to and from the site by providing
connections to Centennial Lakes Park. He added that during the final development approval
it had been acknowledged a sign variance would be necessary to allow signage facing the
park. Continuing, Mr. Teague said Edina Code Section 460.05 Subd. 7.1 stated wall signs
shall not be allowed to face a public park or residential uses. For that reason Cypress
requested a variance to allow signage above the store fronts that face the park. All other
signage within the development would meet the sign ordinance requirements.
The Board of Appeals, to reduce the impact on the park, required that the signage be reduced
from 15% to 10% of the front face of the building; required the signs must be front lit; signs
facing the park may not be illuminated between 10:00 pm and 7:00 am, however, signs would
be allowed to be illuminated at any time the use identified by the sign was open for business;
and signage would not be allowed on the walls of Buildings B and C that face east, as there
were no store entrances at that elevation.
Following the December 20, 2007 Zoning Board of Appeals meeting where the Cypress
variance request was approved, Mr. John Bohan appealed the Zoning Board of Appeals
approval of a variance to allow signage to face a public park.
Mr. Teague gave his recommendation that the Council uphold the Zoning Board of Appeals
decision to approve the requested variance to allow signage to face a public park at 7311
France Avenue for Cypress Equities based on the findings listed in the staff report dated
February 4, 2008, including the following:
• The hardship was caused by the design of the project, with its store fronts facing the
park. Approved plan encourages pedestrian movement between the park and the
commercial area.
• If variance were denied a hardship would be brought upon the applicant.
• The proposed signage was reasonable.
• The variance would not set a precedent.
Mr. Teague answered questions of the Council including which buildings and their
subsequent elevations' signs were in question, the times during which the signs would be lit,
what signs would be placed on the back of buildings along France Avenue, history of the
sign regulations, and illumination schematics.
John Bohan, 800 Coventry Place, described his appeal of the variance granted by the Zoning
Board of Appeals. Mr. Bohan displayed photographs demonstrating that in his opinion, the
signs would be very visible from his home and presented a graphic noting what he deemed
were deficiencies of the code and subsequent recommendations. He said he was appealing
the variance for two issues: 1) there was no notice or publication of the proposed variance;
and 2) any variance should be for specific signs at specific locations with specific lighting.
Brett Witzig, Cypress Equities, 15601 Dallas Parkway, Addison, TX 75001, used a PowerPoint
presentation, to depict examples of proposed signage on the buildings with elevations facing
Centennial Lakes Park. He noted Cypress had agreed to reduce their signage from the 15%
allowed by Edina sign regulations to 10%.
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Minutes/Edina City Council/February 4, 2008
The Council asked questions and discussed the proposed signage with Mr. Witzig. Their
questions included: minimal level of lighting necessary, why 10% signage was needed, was
Mr. Witzig aware of any communities with regulations allowing less than 10% signage, and
what would happen to the size of the signs if only two or three tenants were to lease the
space instead of the proposed six tenants.
Ed Khouri, Cypress Equities, 15601 Dallas Parkway, Addison, TX 75001, stated he was the
National Director of Leasing. He stated the retail leasing tenants dictate how their "brand"
signs look. Mr. Corey also answered the Council's questions regarding the requested
variance.
The Council continued their discussion with Mr. Witzig and Mr. Khouri. The discussion
covered clarification of what was meant by 10% of the store front, what type and size of signs
would be proposed on the west side of the buildings, time to allow lit signs and logistics of
the restaurant signs, would developers agree to height limitation and location above each
store front, noting that the developers have a self imposed limitation since choosing a
location next to a park, would signs be identification or advertising, whether or not the
decision would be precedential, goal of mixed use to integrate development with park,
limitation to no neon or fiber optic lighting, allowing one sign per store front as identification
at principal entrance to store, limiting hours of allowing signs to be lit, all signs to be front lit,
except that projecting signs could have channel lighting on their westerly face with a blank
face on their east facade, overall elevation should be limited to 14 feet with no more than 3
feet of signage, lights must be extinguished when business not in operation, and restaurants
must turn off lights when doors close even though patrons remain in establishment.
Public Comment
Cindy Jarvis, 1016 Coventry Place, stated her concern over the impact the proposed signs will
have on her home. She urged the Council to not allow signs along the park.
John Bohan, 800 Coventry Place, asked that the actual height of any proposed sign be
explicitly stated.
Member Swenson made a motion, seconded by Member Housh to close the public
hearing.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
Following a discussion, Member Swenson made a motion, seconded by Member Bennett
adopting Resolution No. 2008-18 upholding the variance granted to Cypress Equities for
their signs with the following conditions imposed on signs located on east elevations of
Building A and Building B, and the south and east elevations of Building C:
1. Wall signs shall not exceed 10% of the area of the store front.
2. No wall signs shall be allowed on the east elevations of Buildings B and C.
3. Signs shall not be illuminated between the hours of 10 P.M. and 7 A.M., provided
however, that no sign shall be illuminated for a business during any time that the
business is not open to the public.
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Minutes/Edina City Council/February 4,2008
4. Signs shall be illuminated only by indirect, up-lighting methods. No neon, fiber
optic or direct light sources shall be allowed, provided, however, that projecting
signs may be illuminated with reverse channel lighting.
5. No portion of a sign shall exceed 14 feet in elevation.
6. Signs shall only be placed at the principal entrance to a business.
7. Wall signs shall not exceed 36 inches in height.
8. Businesses with a principal entrance on the south elevation of Building C shall be
identified only with a single faced projecting sign with the sign panel facing west
and with a blank face on the east side.
Rollcall:
Ayes: Bennett, Housh,Swenson, Hovland
Nay: Masica
Motion carried.
PUBLIC COMMENT
Virginia Borgeson, 6216 Ewing Avenue, presented a petition requesting the Council hold a
recall election and expressing her displeasure with the Comprehensive Plan Draft as
proposed, and with recent development decisions.
Donald Dietz, 6405 Rolf Avenue, presented a petition requesting the Council hold a recall
election because of recent decisions of the City Council. He contended the Council intended
to make density higher contrary to the desires of the residents.
Cheryl Ouellette, 6215 France Avenue, stated she agreed with the previous two speakers and
suggested that any increases in density or height be kept to the York Avenue neighborhood
that already had some tall buildings.
Kim Montgomery, 5300 Evanswood Lane, requested the Council consider building a
Community Center on the existing Public Works site.
*AWARD OF BID TWO 2008 CHEVROLET SILVERADOS - POLICE DEPARTMENT
Motion made by Member Swenson and seconded by Member Masica approving the award
of bid for two 2008 Chevrolet Silverados for the Edina Police Department from the
recommended low bidder Thane Hawkins Polar Chevrolet (State Contract No. 433607) at
$48,571.88.
Motion carried on rollcall vote - five ayes.
*AWARD OF BID SIX 2008 FORD CROWN VICTORIA POLICE INTERCEPTORS -
POLICE DEPARTMENT Motion made by Member Swenson and seconded by Member
Masica approving the award of bid for six 2008 Ford Crown Victoria Police Interceptors for
the Edina Police Department from Denny Hecker's Monticello Ford (State Contract No.
438386 Release @A-174 (5)) at$134,442.00.
Motion carried on rollcall vote -five ayes.
*AWARD OF BID TWO CHEVROLET TRAILBLAZERS - POLICE DEPARTMENT
Motion made by Member Swenson and seconded by Member Masica approving the award
of bid for two 2008 Chevrolet Trailblazers for the Edina Police Department from the
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Minutes/Edina City Council/February 4, 2008
recommended low bidder Denny Hecker's Car/Truck City (State Contract No. 43855
Release #A-175(5)) at$39,972.60.
Motion carried on rollcall vote -five ayes.
*AWARD OF BID ONE CHEVROLET IMPALA - POLICE DEPARTMENT Motion made
by Member Swenson and seconded by Member Masica approving the award of bid for
one 2008 Chevrolet Impala for the Edina Police Department from the recommended low
bidder Denny Hecker's Car/Truck City (State Contract No. 436817Release #A-215(5)) at
$18,453.07.
Motion carried on rollcall vote -five ayes.
*AWARD OF BID 2008 POND DREDGING PROJECT - CONTRACT NO. ENG 08-2,
IMPROVEMENT NO. STS-322 Motion made by Member Swenson and seconded by
Member Masica approving the award of bid for Contract No. ENG 08-2, Improvement No.
STS-322, 2008 Pond Dredging Project to the recommended low bidder, Fitzgerald
Excavating &Trucking, Inc. in the amount of$70,400.00.
Motion carried on rollcall vote - five ayes.
RESOLUTION NO. 2008-13 APPROVED ACCEPTING VARIOUS DONATIONS Mayor
Hovland explained 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 Bennett introduced Resolution No. 2008-13 accepting various donations. Member
Swenson seconded the motion.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*HEARING DATE SET (02/19/08) ORDINANCE AMENDMENT OF SECTION 815 TO
ALLOW CELL TOWERS IN CEMETERIES Motion made by Member Swenson and
seconded by Member Masica setting February 19, 2008, as the public hearing date for
consideration of an ordinance amendment of Edina Code Section 815 to allow Cell Towers
in Cemeteries.
Motion carried on rollcall vote -five ayes.
*DIAL-A-RIDE VAN CONVEYED TO SENIOR COMMUNITY SERVICES Motion made
by Member Swenson and seconded by Member Masica conveying the Dial-A-Ride van to
Senior Community Services.
Motion carried on rollcall vote - five ayes.
EDINA SCHOOL BOARD APPOINTMENTS TO EDINA HUMAN RIGHTS &
RELATIONS COMMISSION RATIFIED Following a brief discussion, motion made by
Member Swenson and seconded by Member Bennett ratifying the Edina School District's
appointment of Colleen Feige and reappointment of Mary Brindle to three year terms on
the Edina Human Rights and Relations Commission.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
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Minutes/Edina City Council/February 4,2008
APPOINTMENTS MADE TO CITY'S ADVISORY BOARD COMMISSIONS AND
COMMITTEES Mayor Hovland noted the City Council had met on two different Tuesdays
and interviewed the candidates for City Advisory Boards, Commissions and Committees.
Following a brief discussion, Member Bennett made a motion, seconded by Member
Swenson to appoint the following individuals to three year terms, unless otherwise noted,
on the City's Advisory Boards and Commissions:
Art Center Board Park Board
Richard Fesler Joseph Hulbert
John Swon Daniel Peterson
Michael Whitt Rob Presthus
Energy & Environment Commission Construction Board of Apepeals
Paul Thompson Edward Schwartzbauer
(will complete the remainder of Sean Wenham's term) (will leave ZBA to fill this
position)
Zoning Board of Appeals Human Rights & Relations Commission
Scott Davidson Russell Stanton
Bernadette Hornig
Helen Winder
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*RESOLUTION NO. 2008-15 ADOPTED APPROVING HENNEPIN COUNTY
ELECTRONIC PROPRIETARY DATA BASE (EPDB) CONDITIONAL USE LICENSE
AGREEMENT Motion made by Member Swenson and seconded by Member Masica
adopting Resolution No. 2008-15 approving the annual Hennepin County Electronic
Proprietary Data Base (EPDB) Conditional Use License Agreement.
Motion carried on rollcall vote -five ayes.
RESOLUTION NO. 2008-14 ADOPTED AFFIRMING SUPPORT FOR ACTIVE LIVING
HENNEPIN COUNTY Member Bennett asked this item be removed from the Consent
Agenda to make a modification to the resolution. She requested that subparagraph c. under
the second Be It Further Resolved, be modified to read: "c. A variety of transportation choices
that link roads, transit, bicycling and walking". Motion made by Member Bennett and
seconded by Member Swenson adopting Resolution No. 2008-14 affirming support for
Active Living Hennepin County.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*RESOLUTION 2008-16 ADOPTED AMENDING CITY'S HEALTH REIMBURSEMENT
AGREEMENT PLAN Motion made by Member Swenson and seconded by Member
Masica adopting Resolution No. 2008-16 amending the City's Health Reimbursement
Agreement Plan.
Motion carried on rollcall vote -five ayes.
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Minutes/Edina City Council/February 4, 2008
*RESOLUTION NO. 2008-17 ADOPTED AMENDING CITY'S FLEXIBLE BENEFIT PLAN
Motion made by Member Swenson and seconded by Member Masica adopting Resolution
No. 2008-17 amending the City's Flexible Benefit Plan.
Motion carried on rollcall vote - five ayes.
*2008-2009 LABOR CONTRACT WITH LOCAL 320 PATROL OFFICERS APPROVED
Motion made by Member Swenson and seconded by Member Masica approving the 2008-
2009 Labor Contract with Local 320 Patrol Officers.
Motion carried on rollcall vote - five ayes.
*TANE TIMM APPOINTED DEPUTY CITY CLERK Motion made by Member Swenson
and seconded by Member Masica appointing Jane Timm, Deputy City Clerk.
Motion carried on rollcall vote - five ayes.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Swenson and seconded
by Member Masica approving payment of the following claims as shown in detail on the
Check Register dated January 16, 2008, and consisting of 35 pages; General Fund
$220,489.10; Communications Fund $19,072.08; Working Capital Fund $509,654.22; Art
Center Fund $6,050.46; Golf Dome Fund $16,882.80; Golf Course Fund $16,375.86; Ice Arena
Fund $15,370.21; Edinborough/Centennial Lakes Fund $22,421.74; Liquor Fund $241,995.93;
Utility Fund $405,924.85; Storm Sewer Fund $57.67; Recycling Fund $33,958.00; PSTF
Agency Fund $6,843.35; TOTAL $1,515,096.27; and for approval of payment of claims dated
January 23, 2008, and consisting of 27 pages: General Fund $1,166,638.51; CDBG Fund
$48.00; Communications Fund $20,578.98; Working Capital Fund $109,762.81; Art Center
Fund $4,453.56; Aquatic Center Fund $37.28; Golf Course Fund $6,411.04; Ice Arena Fund
$721.63; Edinborough/Centennial Lakes Fund $17,150.89; Liquor Fund $148,881.94; Utility
Fund $61,849.98; PSTF Agency Fund $5,106.53; TOTAL $1,541,641.15; and for approval of
payment of claims dated January 30, 2008, and consisting of 22 pages: General Fund
$422,524.28; CDBG Fund $2,726.40; Communications Fund $372.75; Working Capital Fund
$5,524.32; Construction Fund $244.00; Art Center Fund $14,363.50; Golf Dome Fund $178.50;
Aquatic Center Fund $25.00; Golf Course Fund $8,348.80; Ice Arena Fund $14,952.72;
Edinborough/Centennial Lakes Fund $6,475.06; Liquor Fund $138,023.94; Utility Fund
$17,313.78; PSTF Agency Fund $1,261.66; TOTAL $632,334.71
Motion carried on rollcall vote - five ayes.
*HEARING DATE SET (02,/19/08) - AMENDMENT TO 2008-2012 CAPITAL
IMPROVEMENT PLAN - PUBLIC WORKS FACILITY Motion made by Member
Swenson and seconded by Member Masica setting February 19, 2008, as the public hearing
date for an amendment to the 2008-2012 Capital Improvement Plan regarding the proposed
Public Works Facility.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Hovland declared the
meeting adjourned at 8:40 p.m.
Respectfully submitted,
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Minutes/Edina City Council/February 4,2008
Debra A. Mangen, City Clerk
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