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HomeMy WebLinkAbout2015-11-04 City Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 4, 2015 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:06 p.m. 11. ROLLCALL Answering rollcall were Members Brindle, Staunton, Stewart, Swenson, and Mayor Hovland. 111. MEETING AGENDA APPROVED Member Stewart made a motion, seconded by Member Brindle, approving the meeting agenda. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Member Swenson made a motion, seconded by Member Stewart, approving the consent agenda as follows: IV.A. Approve regular and work session meeting minutes of October 20, 2015 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated October 15, 2015, and consisting of 32 pages; General Fund $494,210.74; Police Special Revenue $8,841.22; Working Capital Fund $20,819.50; Equipment Replacement Fund $12,103.37; Cando Fund $18,286.37; Art Center Fund $266.79; Aquatic Center Fund $147.26; Golf Course Fund $65,217.70; Ice Arena Fund $13,383.12; Sports Dome Fund $36,055.70; Edinborough Park Fund $10,123.66; Centennial Lakes Park Fund $10,582.11; Liquor Fund $218,288.63; Utility Fund $73,423.17; Storm Sewer Fund $8,289.07; Recycling Fund $36,187.38; PSTF Agency Fund $1,316.38; Payroll Fund $10,727.26; TOTAL $1,038,269.42 and for receipt of payment of claims dated October 22, 2015, and consisting of 33 pages; General Fund $249,823.22; Police Special Revenue $20,900.26; Pedestrian and Cyclist Safety Fund $5,349.00; Arts and Culture Fund $2,350.00; Working Capital Fund $97,424.59; Equipment Replacement Fund $88,927.00; Art Center Fund $1,245.31; Golf Dome Fund $9,319.53; Aquatic Center Fund $69.74; Golf Course Fund $625,080.15; Ice Arena Fund $8,000.60; Edinborough Park Fund $7,546.58; Centennial Lakes Park Fund $714.22; Liquor Fund $161,950.99; Utility Fund $139,023.06; Storm Sewer Fund $11,20330; PSTF Agency Fund $9,217.75; Centennial TIF District $19,526.32; Grandview TIF District $71,752.63; TOTAL $1519,284.97; and, Credit Card Transactions dated June 25 —July 26, 2015; TOTAL $53,020.54 IV.C. Request for Purchase,Well #10 Rehabilitation, awarding the bid to the recommended low bidder, E.H. Renner & Sons at $20,314.00 IV.D. Authorize Participation in 2016-2017 Fuel Consortium IV.E. Approve Human Rights and Relations Bias Offense Response and Prevention Plan IV.F. Request for Purchase, Braemar Arena Surveillance Cameras, awarding the bid to the recommended bidder, Pro-Tec Design at $23,549.87 IV.G. Adopt Ordinance No. 2015-23, Amending Chapter 10 of the City Code Regarding Demolition Permits IV.H. Adopt Resolution No. 2015-1 12, Authorizing Public Health Emergency Preparedness Agreement between Edina and Bloomington Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Page 1 Minutes/Edina City Council/November 4. 2015 V. SPECIAL RECOGNITIONS AND PRESENTATIONS None. VI. PUBLIC HEARINGS HELD—Affidavits of Notice presented and ordered placed on file. VI.A. AMENDING CHAPTER 36 REGARDING BREWERIES, TAPROOMS, WINERIES, COCKTAIL ROOMS, DISTILLERIES, AND BREWPUBS — ORDINANCE NO. 201 S-21 ADOPTED Community Development Director Teague shared that the Council was being asked to hold a public hearing and consider second reading of Ordinance No. 2015-21 regarding the regulation of breweries, taprooms, wineries, cocktail rooms, distilleries, and brewpubs. The Ordinance would allow brewpubs in all Planned Commercial Zoning Districts and Mixed Development Districts. Breweries, taprooms, wineries, cocktail rooms, and distilleries would be allowed in the Planned Industrial Zoning Districts. The Ordinance included language recommended by the Council at first reading regarding food trucks. Mr. Teague answered questions of the Council relating to food truck regulations. Mayor Hovland opened the public hearing at 7:13 p.m. Public Testimony No one appeared to comment. Member Brindle made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson made a motion to grant Second Reading adopting Ordinance No. 201 S-21, Amending Chapter 36 Regarding Breweries, Taprooms, Wineries, Cocktail Rooms, Distilleries, and Brewpubs. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI.B. SITE PLAN REVIEW WITH VARIANCES FOR BANK OF AMERICA, 6868 FRANCE AVENUE — RESOLUTION NO. 2015-113 NOT ADOPTED — STAFF DIRECTED TO PREPARE FINDINGS FOR DENIAL Community Development Director Presentation Mr. Teague presented the request from Bank of America to tear down the existing 3,098 square foot Think Bank and construct a new Leadership in Energy & Environmental Design (LEED) Certified 7,190 square foot Bank of America with a drive through ATM at 6868 France Avenue. Merrill Lynch would also be a tenant in the building. The request required a Site Plan approval with a front setback variance from 35 feet to 22 feet for the building, a parking stall variance from 1,738 to 1,581 spaces, a front setback variance from 35 feet to 20 feet for the drive through ATM, and a variance to allow a drive through ATM to be located on a side of a building that faces property zoned R-I Single Dwelling Unit District. Mr. Teague presented the Site Plan and photos of the proposed building. Staff and the Planning Commission recommended approval of the project. Proponent Presentation Anita Thomas,Jones Lang LaSalle, introduced Aaron Green and Nathan Owen from Gensler Architecture and stated that they were available to answer questions from the Council. Mr. Green answered questions of the Council relating to the new design of the Merrill Lynch entrance, the design plan for the Merrill Lynch side of the building, the additional conditions from the Planning Commission,the sidewalk study,the process for LEED certification, and the materials board. Page 2 Minutes/Edina City Council/November 4, 2015 Mr. Teague answered a question of the Council relating to discussions with Hennepin County concerning eliminating the free right turn in order to square up the corner, noting it was cost prohibitive. Mayor Hovland opened the public hearing at 7:53 p.m. Public Testimony No one appeared to comment. Member Stewart made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Brindle introduced and moved adoption of Resolution No. 2015-113, Approving a Site Plan with Variances at 6868 France Avenue to Build 7,190 Square Foot LEED Certified Bank of America, subject to the following conditions: I. Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below: • Site plan date stamped October 1, 2015. • Grading plan date stamped October 1, 2015. • Landscaping plan date stamped October 1, 2015. • Building elevations date stamped September 28 and October 1, 2015. • Building materials board as presented at the Planning Commission and City Council meeting. 2. Prior the issuance of a building permit, a final landscape plan must be submitted, subject to staff approval. Landscape plan must meet all minimum Zoning Ordinance requirements. Additionally, a performance bond, letter-of-credit, or cash deposit must be submitted for one and a one-half times the cost amount for completing the required landscaping, screening, or erosion control measures. 3. The property owner is responsible for replacing any required landscaping that dies. 4. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the district's requirements. S. Compliance with the conditions required by the city engineer in his memo dated November 4, 2013. 6. Building plans are subject to review and approval of the fire marshal at the time of building permit. 7. Bike racks must be provided to meet minimum Zoning Ordinance requirements. 8. The Merrill Lynch entrance on 69th Street shall be enhanced to resemble a storefront entry as recommended in the Comprehensive Plan. This could be accomplished with an awning or signage at the entry. 9. The three existing islands in the parking lot north of the proposed building shall be landscaped including over-story trees. 10. Landscaping shall be added to the south side of the new parking lot that is to be west of the new building. This landscaping shall provide screening of the parking lot. 11. Boulevard trees must be included on the final landscape plan subject to review and approval of the city forester. 12. The sidewalk on the east side of Wooddale/69th Street shall be continued to the north within the limits of the proposed project. This sidewalk would eventually be continued to 66th Street upon further development on this site. Mayor Hovland seconded the motion. The Council discussed the proposal and each shared their opinions of the project. Member Staunton mentioned that he had an issue with the drive through ATM and did not believe the variances were warranted. Member Stewart indicated his dislike for the architecture. Member Swenson discussed her Page 3 Minutes/Edina City Council/November 4, 2015 concern for the drive through ATM and pedestrian access and safety. Mr. Teague noted that a rejection would need to center around the requested variances. Ayes: Brindle, Hovland Nays: Staunton, Stewart, Swenson Motion failed. Member Staunton made a motion, seconded by Member Stewart, directing staff to prepare findings for denial. Ayes: Staunton, Stewart, Swenson, Nays: Brindle, Hovland Motion carried. VII. COMMUNITY COMMENT No one appeared to comment. VIII. REPORTS I RECOMMENDATIONS VIII.A. RESOLUTION NO. 20IS-111 AMENDED CONDITION OF APPROVAL OF A LOT DIVISION WITH VARIANCES AT 3621 AND 3625 S4TH STREET WEST—ADOPTED Community Development Director Presentation Mr. Teague explained that a condition of approval of a Lot Division with variances at 3621 and 3625 54th Street for Donnay Homes needed to be amended. Condition No. 6 stated, "The applicant shall maintain the existing shrubs per the proposed landscape plan." The landscape plans showed "shrubs;" however, the hedge along the east lot line consisted primarily of buckthorn so the City Forester requested the hedge be removed. The applicant wished to replant the area with Rocky Mountain junipers and a 6-foot tall cedar fence. The City did not require screening from one duplex to another, but because it was a condition of approval the plans required an amendment. Staff believed the proposed junipers and fence would be an improvement. Mr. Teague answered questions of the Council concerning the drainage plan. The Council discussed whether or not it should mandate the buckthorn be replaced with a similar type of shrub. Member Staunton introduced and moved adoption of Resolution No. 2015-111, Approving a Lot Division with Variances at 3621 and 3625 54th Street West, subject to the following conditions: I. The new double dwelling shall be built per the submitted plans date stamped December 24, 2014, and January 9, 2015. 2. The 24-inch Locust and 22-inch Locust on the site shall be maintained and protected during construction. 3. The applicant shall plant an additional 4-inch Maple on each new lot to replace the 12- inch Maple that is to be removed. 4. Each unit shall have separate utility hook-ups. S. The units will be separated by a fire-wall; and be verified by the City's building official. 6. The Buckhorn that was removed from the east lot line shall be replaced with similar plant material not noxious in nature. Member Swenson seconded the motion. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.B. ORDINANCE NO. 2015-12 PROPOSED FRANCHISE AGREEMENT WITH XCEL ENERGY —ADOPTED Manager Neal shared that the Council approved the first reading of the proposed franchise renewal Ordinance on October 20, 2015. The Council was requested to approve second reading of Ordinance No. 2015-12, accept the October 20, 2015, letter from Mr. Patrick Cline of Xcel Energy, and direct staff to include the Xcel letter as an official addendum to the Ordinance. Page 4 Minutes/Edina City Council/November 4. 2015 The Council thanked staff and Xcel Energy for working together on the agreement. Member Swenson made a motion to grant Second Reading adopting Ordinance No. 2015-12, Granting to Northern States Power Company, a Minnesota Corporation, D/S/A Xcel Energy, its Successors and Assigns, Permission to Construct, Operate, Repair, and Maintain in the City of Edina, Minnesota, and Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures, and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Grounds and Public Ways of the City for Such Purposes. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.C. ORDINANCE NO. 2015-IS CENTERPOINT ENERGY FRANCHISE FEE INCREASE — ADOPTED Manager Neal shared that on September I, 2015, the Council approved the first reading of two ordinances that would increase utility franchise fees for Edina customers of Xcel Energy and CenterPoint Energy that were first established in 2012. The ordinances would increase the existing franchise fees for all classes of customers by $0.50 per meter per month for each utility. The new revenue would allow the City to pursue the City environmental protection and sustainability goals. Member Stewart made a motion to grant Second Reading adopting Ordinance No. 2015-15, Amending Ordinance No. 2012-15 A Gas Energy Franchise Fee on CenterPoint Energy Minnesota Gas ("CenterPoint Energy") for Providing Gas Energy Service within the City of Edina. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.D. ORDINANCE NO. 20IS-16 XCEL ENERGY FRANCHISE FEE INCREASE—ADOPTED Member Stewart made a motion to grant Second Reading adopting Ordinance No. 2015-16, Amending Ordinance No. 2015-16 Implementing an Electric Service Franchise Fee on Northern States Power Company, a Minnesota Corporation, D/B/A Xcel Energy, its Successors and Assigns, for Providing Electric Service within the City of Edina. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE IX.B. OPEN TO BUSINESS—2015 UPDATE Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.C. MINUTES: 1. COMMUNITY HEALTH COMMISSION, SEPTEMBER 1, 201 S 2. TRANSPORTATION COMMISSION, SEPTEMBER 17, 201 S 3. HUMAN RIGHTS AND RELATIONS COMMISSION, SEPTEMBER 29, 201 S Informational; no action required. X. AVIATION NOISE UPDATE—Received XI. MAYOR AND COUNCIL COMMENTS—Received X11. MANAGER'S COMMENTS—Received XII.A. BOARD AND COMMISSION PROTOCOL Page 5 Minutes/Edina City Council/November 4. 2015 XII.B. DRONE REGULATION XII.C. BRAEMAR GOLF REBRANDING XIII. SCHEDULE OF MEETING AND DATES AND EVENTS AS OF NOVEMBER 4, 201 S—Received XIV, ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 9:26 p.m. Respectfully submitted, A. MCI Minutes approved by Edina City Council, November 17,:2LL James B. Hovland, Mayor Video Copy of the November 4, 2015, meeting available. Page 6