HomeMy WebLinkAbout2016-11-01 City Council Regular Meeting Minutes MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
NOVEMBER I, 2016
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 Brindle, Staunton, Stewart, Swenson, and Mayor Hovland.
111. MEETING AGENDA APPROVED
Member Swenson made a motion, seconded by Member Stewart, approving the meeting
agenda.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
IV. COMMUNITY COMMENT
Sandy Williams, 5221 France Avenue S., Minneapolis, addressed the City Council regarding the October
12, 2016 police incident.
Bob Melander, 6025 Killarney Lane, addressed the City Council regarding the October 12, 2016 police
incident.
Greg McAndrews, 4401 Parklawn Avenue, #301, commended the Police Department and Director of
Engineering for their service.
Mary Melander, 6025 Killarney Lane, addressed the City Council regarding the October 12, 2016 police
incident.
Jeff Woodcock, 5117 Bedford Avenue, addressed the City Council regarding the October 12, 2016 police
incident.
Chadborne Whiting, 7161 France Avenue, #206, addressed the City Council regarding the October 12,
2016 police incident.
Janet Doudiet, 5701 Code Avenue, addressed the City Council regarding the October 12, 2016 police
incident.
David Sanchez, 6329 Millers Lane, addressed the City Council regarding the October 12, 2016 police
incident.
Tom Brower, 5400 Oaklawn Avenue, addressed the City Council regarding the October 12, 2016 police
incident.
Patrice Nelson, 41 1 Van Buren Avenue S., addressed the City Council regarding the October 12, 2016
police incident.
Chris Rofidal, 5037 W. 56th Street, addressed the City Council regarding the October 12, 2016 police
incident.
Kathy Christensen, 7205 Lanham Lane, addressed the City Council regarding the October 12, 2016 police
incident.
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Minutes/Edina City Council/November 1, 2016
Judy Heimkes, 5310 Malibu Drive, addressed the City Council regarding the October 12, 2016 police
incident.
Nancy Frykman, 6028 Schaefer Road, addressed the City Council regarding the October 12, 2016 police
incident.
Charlie Snyder, 5501 Wooddale Avenue, addressed the City Council regarding the October 12, 2016
police incident.
Franklin Heino, 303 Second Street S., Buffalo, addressed the City Council regarding the October 12, 2016
police incident.
Pat Teynor, 5525 Malibu Drive, addressed the City Council regarding the October 12, 2016 police
incident.
Mayor Hovland thanked all for their opinions, stating each was important and the Council will continue to
deal with this incident.
V. CONSENT AGENDA ADOPTED
Member Swenson made a motion, seconded by Member Stewart, approving the consent
agenda, as follows:
V.A. Approve regular meeting minutes of October 18, 2016
V.B. Receive payment of the following claims as shown in detail on the Check Register
dated October 20, 2016, and consisting of 32 pages; General Fund $189,509.59; Police
Special Revenue $18,543.81; Pedestrian and Cyclist Safety Fund $3,416.72; Arts and
Culture Fund $3,450.00; Working Capital Fund $241,402.48; Cando Fund $13,358.68;
Art Center Fund $3,129.48; Aquatic Center Fund $281.26; Golf Course Fund
$9,648.75; Ice Arena Fund $6,216.91; Sports Dome Fund $105.89; Edinborough Park
Fund $4,102.92; Centennial Lakes Park Fund $792.56; Liquor Fund $191,559.33; Utility
Fund $333,345.68; Storm Sewer Fund $249,373.50; Recycling Fund $37,184.67; Risk
Management $305,263.89; PSTF Agency Fund $5,792.59; Payroll Fund $10,616.40;
TOTAL $1,627,095.11 and for receipt of payment of claims dated October 27, 2016,
and consisting of 28 pages; Cash Company $24.94; General Fund $182,014.15; Police
Special Revenue $1,335.45; Pedestrian and Cyclist Safety Fund $42,227.80; Working
Capital Fund $581,294.03; PIR Construction Fund $41,897.48; Art Center Fund
$2,603.53; Golf Dome Fund $6,544.21; Aquatic Center Fund $130.43; Golf Course
Fund $6,807.55; Ice Arena Fund $89.59; Sports Dome Fund $13.12; Edinborough Park
Fund $822.13; Centennial Lakes Park Fund $4,917.09; Liquor Fund $146,925.43; Utility
Fund $317,166.98; Storm Sewer Fund $380,102.89; PSTF Agency Fund $2,308.35;
TOTAL $1,717,225.15; and, Credit Card Transactions dated July 25 —August 24, 2016;
TOTAL $51,759.40
V.C. Approve Temporary Intoxicating On-Sale Liquor License for Bethlehem Academy for
November 18, 2016 from 5:50-10 p.m.
V.D. Adopt Resolution No. 2016-109; Blake Lane Final Plat and Development Contract
V.E. Adopt Resolution No. 2016-1 10; Setting Public Improvement Hearings for Birchcrest
A and Countryside B Neighborhood Roadway Reconstruction
V.F. Approve the Service Line Warranty Program
V.G. Request for Purchase for Contract ENG 16-1 1 NB — 2016 Street Patching Repairs,
awarding the bid to the recommended low bidder, Northwest Asphalt at $44,893.00
V.H. Request for Purchase for Rehabilitation of Wells 4 and 15, awarding the bid to the
recommended low bidder, Keys Well Drilling Co. at $13,240.00 for Well 4 and
$12,280.00 for Well 15
V.1. Request for Purchase for Fiber Connection to Creek Valley Water Tower, awarding
the bid to the recommended low bidder, C.I. Utilities at $41,227.00
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Minutes/Edina City Council/November 1, 2016
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VI. SPECIAL RECOGNITIONS AND PRESENTATIONS
Mayor Hovland recognized and thanked City employee Peter Saabye for 30 years of service to the City.
He then welcomed Hennepin County Commissioner Jan Callison.
VI.A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON UPDATE— RECEIVED
Hennepin County Commissioner Callison provided an update and rationale for a 4.49% increase in the
2017 tax levy. The impact of this levy increase would be $10 per year for a median valued Hennepin
County home of $256,000 and a decrease of $54 per year for a median valued Edina home of $458,000.
The Council thanked Commissioner Callison for her work on behalf of the City.
VII. PUBLIC HEARINGS HELD —Affidavits of Notice presented and ordered placed on file.
VII.A. PARKLAWN AVENUE ROADWAY RECONSTRUCTION IMPROVEMENT NO. BA-444 —
RESOLUTION NO. 2016-111 ADOPTED
Engineer Presentation
City Engineer Millner presented the City-initiated Parklawn Avenue Roadway Reconstruction Project from
France Avenue to W. 76th Street, noting it impacted 24 properties. Since Municipal State Aid (MSA) funds
would be used to cover a portion of the costs, the project needed to meet additional standards. Mr.
Millner pointed out the location of two curves that would not meet those minimum standards so variances
were requested and granted.
Mr. Millner described existing roadway conditions and proposed improvements. The overall project was
estimated at $1,949,000 compared to the CIP estimate of $1,700,000. The additional costs were
associated with the street portion of the project. He noted funding for the project would be a
combination of special assessments, MSA, Three Rivers Park District, City Utility Fund, and Pedestrian and
Cyclist Safety funds. There are 386.75 Residential Equivalent Units (REUs) so the preliminary Parklawn
Avenue assessment was estimated at $568 per REU. Mr. Millner indicated staff had analyzed the project
and found it was necessary, cost-effective, and feasible from an engineering standpoint.
Mr. Millner answered questions of the Council related to the project, REU calculation, and described
boulevard widths that accommodated available right-of-way. He explained Parklawn Court was not
included as it involved a different funding source and would be 100% assessed.
Mayor Hovland opened the public hearing at 8:04 p.m.
Public Testimony
Greg McAndrews, Parklawn Avenue Property Association Secretary, 4401 Parklawn Avenue, #301,
addressed the Council.
Dianne Kelley, 4401 Parklawn Avenue, #305-W, addressed the Council.
Member Swenson made a motion, seconded by Member Brindle, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Mr. Millner addressed issues raised during public testimony, indicating the design for reduced lane widths
would result in lower speeds and additional advisory signage of 25 mph would be posted at the curves.
The Council asked staff to address the opportunity for additional landscaping to create a residential
atmosphere.
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Minutes/Edina City Council/November I, 2016
Member Swenson introduced and moved adoption of Resolution No. 2016-11 1, Ordering
Improvement for Parklawn Avenue Roadway Reconstruction Improvement No. BA-444.
Member Stewart seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.B. ZONING ORDINANCE AMENDMENT, SITE PLAN REVIEW, AND PRELIMINARY PLAT
FOR FRAUENSHUH COMPANIES AT 7700 FRANCE AVENUE — APPROVED —
RESOLUTION NO. 2016-112 & ORDINANCE NO. 2016-17 ADOPTED
Community Development Director Presentation
Community Development Director Teague presented the request of Frauenshuh Companies to redevelop
a 17.1-acre parcel at 7700 France Avenue with a multi-phase development. The first phase would be a
68,000 square foot medical office and construction of freestanding parking ramp. The second phase would
include construction of a 10-story 190,000 square foot addition to the Twin City Orthopedic building and
three additional levels to the parking ramp. The third phase would include a restaurant in the northeast
corner of the site.
Mr. Teague stated the request was for a Zoning Ordinance Amendment to the existing PUD-8, Planned
Unit Development for 7700 France to allow a doubling of the density; Site Plan Review for the Twin Cities
Orthopedic building; and, Preliminary Plat approval to divide off a lot for Twin Cities Orthopedic. In
addition, the proponent was requesting setback flexibility to pull the building slightly up to Minnesota Drive
and 77th Street and for parking lot height.
Mr. Teague indicated the Planning Commission recommended denial on a 4-3-1 split vote, as it found this
proposal to be more traditional residential rather than campus with the size and massing of the parking
ramp; preferred the ramp to be pulled to the street; was concerned with spacing between the parking
ramp and building; and, the proposal would not follow the principles of the Greater Southdale Area.
Mr. Teague described enhancements made by the proponent to address the Commission's concerns. He
presented the primary issues related to this consideration and justification for staffs recommendation of
approval and that the proponent construct the sidewalk as part of Phase 1.
Mr. Teague answered questions of the Council related to the plat request, dedication of easement along
the northern border to accommodate utilities, and significant improvements made to the site plan along
77th Street and Minnesota Drive. The Council indicated support to maintain the north south connection
for future development of the site.
Proponent Presentation
Dr. David Holte, Twin Cities Orthopedics, 4010 West 56th Street, described the company, its growth, and
significant commitment to Edina. He stated they would like to expand in Edina, noting this project would
create about 100 new jobs.
Dave Anderson, Frauenshuh Companies, 7101 West 78th Street, provided a project overview, and vision
to grow a local company.
Nick Sperides, Sperides Reiners Architect, Inc., described challenges with the site and how the principles
of the Southdale Area Planning Framework were overlaid. He addressed the building and ramp
positioning, north south and east west vehicular points of access, pedestrian ways, additional greenspace
and landscape buffers, site infrastructure, enhanced lighting, and architectural vision.
Mr. Sperides answered questions of the Council and indicated an updated landscaping plan addressing the
area between the ramp and existing building and an enhanced lighting plan would be submitted. The
Council expressed interest in creating a point of entrance off Minnesota Drive and enhancements on the
northern parking lot elevation after Phase 2. Mr. Sperides explained that while an option, an exterior
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Minutes/Edina City Council/November 1. 2016
ramp screen would require a heavier foundation and it would greatly increase costs to shrink the parking
ramp footprint and build higher.
Mr. Anderson described the north property line pedestrian easement, a dedication of 18,000 sq. ft., to
create a link and framework for a boulevard-style sidewalk. He suggested allowing adequate time to
develop the pedestrian easement and gain neighborhood input as it would be a regional element. Mr.
Anderson listed the contributions proposed by Twin City Orthopedics and Frauenshuh Companies. If
approved by the Council tonight, they would return on November 15, 2016 for consideration of the Final
Site Plan and Plat.
Mayor Hovland opened the public hearing at 9:21 p.m.
Public Testimony
Jim Grotz, 5513 Park Place, addressed the Council.
Lori Grotz, 5513 Park Place, addressed the Council.
Member Swenson made a motion, seconded by Member Brindle, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Addressing an issue raised during public testimony, Mr. Sperides stated the survey was conducted by a
licensed professional and surveyor monuments were identified on the corners. He displayed the survey
and pointed out the monuments, noting since a lot subdivision was involved, the County would also
conduct a review. Attorney Knutson indicated the City relied on a registered land surveyor to complete
proper work and case law and statutes were not ignored. Manager Neal confirmed the City had the same
survey requirements as other cities.
The Council discussed the perpetual non-exclusive pedestrian easement. Mr. Anderson indicated
proposed Condition 5 related only to the contribution of land and not to the improvement. The Council
determined to address Phase 2 after additional detail had been submitted. Mr. Teague recommended, if
the Council supported the PUD, it should be conditioned on the proponent constructing the sidewalk.
Member Swenson introduced and moved adoption of Resolution No. 2016-112, Approving a
Zoning Ordinance Amendment subject to the 14 conditions detailed in the Resolution and
revising Condition 5 to require the applicant to construct the sidewalk during Phase 2; Site
Plan Review for Phase I; Preliminary Plat at 7700 France Avenue; and, grant First Reading of
Ordinance No. 2016-17, An Ordinance Amending the Zoning Ordinance to Revise the PUD-
8, Planned Unit Development-8 District at 7700 France Avenue. Member Brindle seconded the
motion.
The Council discussed timing of Phase 2, noting this motion would require dedication of the easement at
this time but delay sidewalk construction to Phase 2. Mr. Millner estimated this sidewalk construction
would cost $100,000 to $240,000. Member Staunton stated support for the project but indicated he could
not support the motion as he wanted sidewalk construction included with Phase I. Member Swenson
stated she also supported the project and her rationale was that the extended density was part of Phase 2.
Member Brindle stated support for the project and the proponent constructing the sidewalk. Member
Stewart mentioned the challenges with developing this site and indicated he supported a smaller parking
ramp footprint. Member Stewart stated, like Member Staunton, he could not support this motion as he
would like the developer to construct the sidewalk with Phase 1.
Member Swenson withdrew her motion and Member Brindle withdrew her second to that motion.
Member Swenson introduced and moved adoption of Resolution No. 2016-112, Approving a
Zoning Ordinance Amendment; Site Plan Review for Phase I and Preliminary Plat at 7700
France Avenue, subject to the following:
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Minutes/Edina City Council/November 1, 2016
1. The site must be developed and maintained in substantial conformance with the
following plans, unless modified by the conditions below:
• Site plan dated September 26, 2016
• Grading plan date stamped September 13, 2016
• Submittal of a revised Landscape Plan based on the plan discussed at the City Council
meeting on November 1,2016.
• Utility plans date stamped September 26, 2016
• Building elevations date stamped September 13 and 26, 2016
• Building materials board as presented at the Planning Commission and City Council
meeting.
2. The property owner is responsible for replacing any required landscaping that dies.
3. The applicant shall construct a boulevard style sidewalk along 77th Street and Minnesota
Drive.
4. When the restaurant on France Avenue is built, the property owner shall reconstruct the
sidewalk on France Avenue into a boulevard style sidewalk from Minnesota Drive to the
north lot line.
S. The applicant shall construct the east-west sidewalk along the north lot line within the
trail easement area during Phase 1. Final construction plans for a sidewalk are subject to
review and approval of the City Engineer. This sidewalk shall be completed prior to
issuance of occupancy for the new medical building.
6. Provision of code compliant bike racks (14 spaces minimum) near the building entrances.
7. The final lighting plan must meet all minimum requirements per Section 36-1260 of the
City Code.
8. Roof-top mechanical equipment shall be screened per Section 36-1459 of the City Code.
9. 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.
10. Compliance with all of the conditions outlined in the Director of Engineering's memo
dated October 6, 2016.
1 1. A shared parking arrangement for use of all parking spaces by both parcels.
12. Subject to the Zoning Ordinance Amendment revising the PUD-8, Planned Unit
Development for this site.
13. The Final Plat must be considered within one year after approval of the Preliminary Plat,
or the Preliminary Plat shall be deemed null and void.
14. Public trail and sidewalk easement shall be established along the north property line from
the west property line to France Avenue.
And to grant First and waive Second Reading adopting Ordinance No. 2016-17, An
Ordinance Amending the Zoning Ordinance to Revise the PUD-8, Planned Unit
Development-8 District at 7700 France Avenue. Member Brindle seconded the motion.
The Council applauded the Planning Commission for its consideration that resulted in additional
enhancements. The Council acknowledged this was an incremental consideration and supported
contemplating parking ramp facade screening concepts during Phase 2. The Council thanked Twin Cities
Orthopedics for expanding its practice in Edina and commended Frauenshuh Companies for its response
to the City's concerns.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.C. SUBDIVISION WITH VARIANCES FOR KYLE LITWIN ON BEHALF OF YOUNG KIM AT
5845 KELLOGG AVENUE— DENIED— RESOLUTION NO. 2016-106 ADOPTED
Community Development Director Presentation
Community Development Director Teague presented the request of Young Kim for a Subdivision; Lot
Width Variances from 75 feet to 50 feet for each lot; Lot Area Variances from 9,000 square feet to 6,709
square feet for each lot; and, a Side Yard Setback Variance from 5 feet to 4.7 feet for the existing structure
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Minutes/Edina City Council/November 1. 2016
at 5845 Kellogg Avenue. Mr. Teague noted to the west, lots were plated in 50-foot widths and over time,
some have been combined. This application was to subdivide a 100-foot lot back to the original 50-foot
lots; however, the existing house would then not meet the setback requirement. Since this area was
mostly comprised of 50-foot lots, the median calculation of lots was essentially the same as proposed with
lot area being slightly over.
Mr. Teague provided a history of similar subdivision requests over the past ten years, noting two had been
denied in an area of mixed lot widths, similar to the property under consideration. He then reviewed the
primary issues of consideration, noting the Planning Commission recommended denial on a 7-1 vote based
on the rationale that a reasonable use of the property existed today, there were a variety of lot sizes on
this block, and there was not a hardship to support the variance. He explained staff recommended
approval based on past approval of a similar lot subdivision on Concord. Mr. Teague noted a previous
property owner made a similar request in 1994 that was denied by the Zoning Board of Appeals.
Mr. Teague answered questions of the Council relating to construction of a second story on a non-
conforming structure. Mr. Millner described the topography of the lot and requirement for a drainage
Swale directed towards 59th Street.
Public Testimony
Drew Beson, 5844 Oaklawn Avenue, addressed the Council.
Jim Grotz, 5513 Park Place, addressed the Council.
Josie Fisher, 5901 Kellogg Avenue, addressed the Council.
Susan Aura, 4015 West 56th Street, #308, addressed the Council.
Lori Grotz, 5513 Park Place, addressed the Council.
Member Swenson made a motion, seconded by Member Stewart, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
The Council acknowledged that while there were mixed lot sizes in the immediate vicinity, it was
concerned with the requested lot subdivision as it involved a corner lot, created a nonconforming building,
there were drainage concerns, and lack of a hardship with the property. Member Swenson introduced
and moved adoption of Resolution No. 2016-106, Denying a Preliminary Plat with Variances
at 5845 Kellogg Avenue. Member Brindle seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VIII. REPORTS / RECOMMENDATIONS
VIII.A. NEW ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES, BARNS & NOBLE CAFE, LLC -
APPROVED
Clerk Mangen presented the On-Sale Wine and 3.2 Malt Liquor Licenses request of Barns & Noble Cafe,
noting all requirements had been met. Member Brindle made a motion, seconded by Member
Swenson, approving a new On-Sale Wine and 3.2 Malt Liquor Licenses for Barns & Noble
Cafe, LLC, 3230 Galleria Shopping Center, for a period beginning November 2, 2016 and
ending March 31, 2017.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
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Minutes/Edina City Council/November 1. 2016
Representatives of Barns & Noble Cafe stated they were excited about this opportunity in Edina, described
offerings at this full-service restaurant, and thanked the Council for its unanimous approval and show of
support.
Member Brindle left the dais at 10:40 p.m.
VIII.B. RESOLUTION NO. 2016-128 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 Stewart introduced and moved adoption of Resolution No. 2016-113 accepting
various grants and donations. Member Staunton seconded the motion.
Rollcall:
Ayes: Staunton, Stewart, Swenson, Hovland
Absent: Brindle
Motion carried.
Member Brindle returned to the dais at 10:43 p.m.
IX. CORRESPONDENCE AND PETITIONS
IX.A. CORRESPONDENCE
Mayor Hovland acknowledged the Council's receipt of various correspondence.
IX.B. MINUTES:
1. ARTS& CULTURE COMMISSION,JUNE 23, 2016
2. ARTS& CULTURE COMMISSION,JULY 28, 2016
3. ARTS & CULTURE COMMISSION, AUGUST 25, 2016
4. ENERGY& ENVIRONMENT COMMISSION, SEPTEMBER 8, 2016
Informational; no action required.
X. AVIATION NOISE UPDATE– Received
X1. MAYOR AND COUNCIL COMMENTS–Received
XII. MANAGER'S COMMENTS– Received
Member Swenson made a motion, seconded by Member Brindle, authorizing Manager Neal
and Mayor Hovland to draft a letter on behalf of the Edina Housing Foundation relating to
concerns about the Minnesota Finance Housing Association's potential changes to affordable
housing and tax credit policies.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
XIII. SCHEDULE OF MEETINGS AND DATES AS OF NOVEMBER 1, 2016– Received
XIV. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned
at 1 1:10 p.m.
Respectfully submitted,
ADe a gen, Cit Clerk
Minutes approved by Edina City Council, November IS, 201
—Tames B. Hovlan , Mayor
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