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HomeMy WebLinkAbout2017-02-22 City Council Regular Meeting Minutes MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 22, 2017 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:04 p.m. 11. ROLLCALL Answering rollcall were Members Brindle, Fischer, Staunton, Stewart, and Mayor Hovland. III. MEETING AGENDA APPROVED Member Stewart made a motion, seconded by Member Fischer, approving the meeting agenda as presented. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. IV. COMMUNITY COMMENT No one appeared. V. CONSENT AGENDA ADOPTED AS AMENDED Member Fischer made a motion, seconded by Member Brindle, approving the consent agenda as revised to remove Item V.E., Ordinance No. 2017-01; Amending City Code Concerning Boards and Commissions. V.A. Approve minutes of February 6, 2017, work session, February 7, 2017 and February 7, 2017, regular meeting minutes V.B. Receive payment of the following claims as shown in detail on pre-list dated February 2, 2017, and consisting of 26 pages; General Fund $258,080.40; Police Special Revenue $136.23; Working Capital Fund $2,022.84; Equipment Replacement Fund $2,635.80; Art Center Fund $1,060.71; Golf Dome Fund $10,965.15; Aquatic Center Fund $1,654.85; Golf Course Fund $12,405.59; Ice Arena Fund $8,551.80; Sports Dome Fund $2,017.00; Edinborough Park Fund $16,623.54; Centennial Lakes Park Fund $1,281.65; Liquor Fund $216,416.57; Utility Fund $78,130.32; Storm Sewer Fund $1,553.00; Risk Mgmt Fund $228.27; PSTF Agency Fund $5,095.31; Centennial TIF District $1,275.52; Grandview TIF District $18,357.08; Payroll Fund $62,883.85; TOTAL $641,375.48; credit card transactions dated October 25, 2016 —November 25, 2016 consisting of 8 pages; TOTAL $50,676.24; pre-list dated February 9, 2017 consisting of 31 pages; General Fund $221,193.31; Police Special Revenue $3,729.70; Pedestrian and Cyclist Safety $306.24; Arts and Culture Fund $796.95; General Debt Service Fund $1,000.00; Working Capital Fund $98,911.98; Art Center Fund $3,1181134; Golf Dome Fund $3,310.92; Aquatic Center Fund $3,525.00; Golf Course Fund $3,724.39; Ice Arena Fund $47,683.84; Sports Dome Fund $17,993.03; Edinborough Park Fund $7,678.83; Centennial Lakes Park Fund $566.52; Liquor Fund $180,146.41; Utility Fund $500,976.63; Storm Sewer Fund $57,558.09; Risk Mgmt ISF $64.90; PSTF Agency Fund $8,1 1 1.37; MN Task Force I Fund $66,994.73; Payroll Fund $11,216.13; TOTAL $1.238,670.51.43; and credit card transactions dated November 26, 2016 — December 25, 2016 consisting of 23 pages; General Fund $409,007.68; Police Special Revenue $1,335.45; Pedestrian And Cyclist Safety $116.25; Working Capital Fund $128,706.54; PIR Construction Fund $4,164.14; Equipment Replacement Fund $6,949.20; Art Center Fund $6,1 1 1.34; Golf Dome Fund $1,095.20; Aquatic Center Fund $800.00; Golf Course Fund $4,132.56; Ice Arena Fund $5,783.80; Sports Dome Fund $180.73; Edinborough Park Fund $38,149.19; Centennial Lakes Park Fund $2,692.94; Liquor Fund $167,393.55; Utility Fund $98,801.86; Storm Sewer Fund Page 1 Minutes/Edina City Council/February 222017 $17,915.13; Risk Mgmt ISF $288,986.74; PSTF Agency Fund $403.40; MN Task Force I Fund; $1 1,695.13; TOTAL $73.318.18. V.C. Set Saturday, April 8, 2017, at 10:00 a.m. to Noon for Town Hall Meeting V.D. Set March 21, 2017, Public Hearing Date for Street Name Change V.E. Ordinance 20 17 0 1, Amending Gity Cede Concerning Boards and Gommi -i V.F. Approve Request for Purchase: Minnesota Task Force I Administrator Vehicle; Ranger GM $36,254.20 V.G. Adopt Resolution No. 2017-18: Supporting Application for Hennepin County 2017 Sidewalk Participation Program V.H. Approve Request for Purchase: 2017 GMC Sierra WT; Nelson Auto Center Fleet Department $25,041.77 V.I. Approve Traffic Safety Report of January 4, 2017 V.J. Approve FCC Request for Comments on Small Cell Installations Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA V.E. ORDINANCE NO. 2017-01; AMENDING CITY CODE CONCERNING BOARDS AND COMMISSIONS—FIRST READING GRANTED The Council requested review of the proposed ordinance, stating the school district and park staff work together on a variety of tasks and were requesting to no longer have a liaison to the Park Board. The Council referred to some minor amendments for Second Reading and noted this version was in agreement from what was discussed prior to First Reading. Manager Scott Neal noted while some Park Board members wished to have the liaison removed, the Council had shared concerns as it wanted some level of Board connection. He said discussions on this topic were held in January and this ordinance was part of the omnibus changes in the entire ordinance. The Council agreed there were valid reasons to have a liaison on the Park Board but an elected official does not need to be on the Park Board and suggested a staff level representative instead. The Council agreed with the suggestion of Mr. Neal to include language indicating: "an ex-officio, non-voting member who shall not be an elected member of the school board" prior to Second Reading. Member Stewart made a motion to grant First Reading of Ordinance No. 2017-01 Amending City Code Concerning Boards and Commissions and direct staff to make the language revisions as discussed prior to Second Reading. Member Staunton seconded the motion. Rollcall: Ayes: Fischer, Staunton, Stewart, Hovland Nays: Brindle Motion carried. VI. SPECIAL RECOGNITIONS AND PRESENTATIONS VI.A. SPEAK UP, EDINA: NEIGHBORHOOD PARKS—PRESENTED Senior Communications Coordinator Kaylin Eidsness outlined the public engagement process used to gather information on neighborhood parks. Ms. Eidsness presented a summary of comments, requests, and suggestions received regarding neighborhood parks. The Council indicated it was pleased with this lively discussion and agreed parks and trails were a top priority for residents so finding a way to fund park maintenance needed to be taken seriously. VII. PUBLIC HEARINGS Page 2 Minutes/Edina City Council/February 22. 2017 VII.A. PROPOSED USE OF 2017 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS — APPROVED, RESOLUTION 2017-IS—ADOPTED Senior Planner Joyce Repya said the CDBG program was a federal entitlement program administered by HUD who in turn, charges Hennepin County to oversee the distribution of the funds to its communities. As a recipient of HUD funds, each community must affirmatively further fair housing by being proactive in addressing impediments to fair housing choices. Mayor Hovland opened the public hearing at 7:29 p.m. Public Testimony Benjamin Fribley, Grant Manager for Community Action Partnership for Suburban Hennepin (CAPSH), addressed the Council. Jon Burkhow, Senior Community Services HOME Program, addressed the Council. Janet Lindbo, West Hennepin Affordable Housing Land Trust (WHAHLT), addressed the Council. Mike Vraa, Managing Attorney for HOME Line, addressed the Council. Member Brindle made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. Member Brindle introduced and moved adoption of Resolution 2017-15, Approving Proposed Use of 2017 Urban Hennepin County Community Development Block Grant (CDBG) Funds and Authorizing Execution of Sub-Recipient Agreement with Hennepin County and any Third Party Agreements. Member Fischer seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VII.B. PRELIMINARY AND FINAL PLAT WITH VARIANCES AT 6124 EWING AVENUE — APPROVED, RESOLUTION NO. 2017-I6—ADOPTED Community Development Director Cary Teague said the applicant,Jacob Steen, on behalf of the property owner of 6124 Ewing, LLC, proposed to subdivide the property at 6124 Ewing Avenue into two lots. The existing home and detached garage on the lot would be torn down and two new homes built on the new parcels with both lots gaining access directly off Ewing. The Council requested clarification on lot widths being more than the typical 75 feet. Mr. Teague said minimum lot widths were 75 feet and 9,000 square feet but in larger neighborhoods, lot width was determined by the median. Proponent Presentation Jacob Steen, Larkin Hoffman and representing the property owner, shared additional information regarding the proposed plat, stating the lot was wider and deeper than the standard lot by 12 feet. The house was 18 feet from the rear property line, non-conforming and inconsistent with the other homes on the block. Mr. Steen stated run-off from the site would be handled completely on site and the buildings would be moved to comply with current zoning codes. Page 3 Minutes/Edina City Council/February 22. 2017 The Council inquired about dimensions of surrounding properties and the effect on immediate neighborhood. Mr. Steen said he believed the lots were more in line with the 75-foot requirement. The Council noted the property needed redevelopment as it no longer fit the neighborhood and there appeared to be no intent to subdivide in the past. Attorney Roger Knutson referred to a legal case Myron vs. City of Plymouth that determined the hardship requirement for variances does not apply if it was a self- created hardship. Lance Elliot, Elliot Design, outlined plans to address run-off and stormwater management for this property. The Council inquired how they would prevent stormwater going north and south and instead direct it to the street. Mr. Elliott said they intend to utilize a rainwater garden to properly direct stormwater. The Council inquired about soils and the amount of clay and if the rainwater gardens would work well. They also inquired about possible alternatives if the new property owner elects to not utilize rainwater gardens. Mr. Elliott said the locations have enough sand to allow for proper stormwater management and clarified other management alternatives were available if necessary. Todd Fronek, 5408 Dundee Road and property owner, described his plans for the property. Mayor Hovland opened the public hearing at 8:16 p.m. Public TestimonX No one appeared. Member Brindle made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. Member Brindle introduced and moved adoption of Resolution No. 2017-16; Approving a Preliminary and Final Plat with Variances at 6124 Ewing Avenue. Member Fischer seconded the motion. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. Vlll. REPORTS/RECOMMENDATIONS — (Favorable vote of majority of Council Members present to approve except where noted). VIII.A. AUTHORITY TO ENTER INTO OUTLOT A PURCHASE NEGOTIATIONS- GRANTED Engineer Chad Millner explained that staff was requesting authorization to begin negotiations with property owner to purchase Outlot A, which was adjacent to W. 77th Street between Parklawn Avenue and Minnesota Drive. It was noted that good faith discussions with the property owner had been unsuccessful in acquiring sidewalk and utility easements. Mr. Neal noted at this stage staff does not have much information but as negotiations continue, they would meet with the Council in closed session if necessary. Member Staunton made a motion, seconded by Member Brindle, to grant staff authority to enter into Outlot A purchase negotiations. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VIII.B. HIGHWAY 169 PROJECT—LOCAL IMPACT UPDATE-PRESENTED Engineer Chad Millner provided an update on what had occurred thus far and the options available going forward regarding local impact from the Highway 169 project. He reviewed traffic counts, traffic calming measures used, and effects on neighboring areas. Mr. Millner shared videos of traffic impacts and concerns Page 4 Minutes/Edina City Council/February 22. 2017 surrounding the morning and evening rush hours. He also presented proposed future traffic calming options and shared a letter from a neighboring assisted living facility whose employees have been unable to exit their facility since the construction as well as other neighborhood concerns and outlined options. The Council commented on poor driver behavior and shared safety concerns for school-aged children trying to access buses. Mr. Millner explained some action should help cut activity in half. Beginning Monday, February 27, drivers on the north end would only be allowed out from 7-9 a.m. and on the south end, Lincoln Drive drivers cannot enter that neighborhood from 4-6 p.m. with the exception of buses. The Council inquired if the route could be removed from Google maps to help alleviate traffic. Mr. Millner replied MnDOT was attempting to accomplish this request. The Council suggested permanent closure of Dovre Drive until construction was complete as a better alternative since it might be less confusing and create better safety measures. Mr. Millner noted that might be difficult to enforce and asked if the proposed incremental steps could be considered first. The Council suggested lowering the speed limit to 25 mph. Mr. Millner said the City Attorney's opinion was that this need does not meet Statute as speed was not the issue due to the number of cars but the number of cars was the concern. Police Chief Dave Nelson noted citations issued in this area were primarily for stop sign violations. The Council inquired about traffic counts and the need for better signage. Mr. Millner said if we could decrease the volume to 2,000-3000 cars and reduce aggressive driving, the situation should improve. The Council discussed other options, including closing Dovre Drive permanently on the south end in the morning and allowing exit only on the north end and removing all choke-out devices. The Council expressed concerns about residents having to deal with this construction project, the need to balance safety with function of the neighborhood, and suggested incremental changes that would be defensible if additional changes were necessary. Mr. Neal noted 90-100 households were impacted now but many more would be impacted with a hard closure on both ends. He said it was important to recognize these as temporary counter measures that could be removed by the City, if necessary. Mr. Millner estimated the exit only option would result in a reduction of 2,600 cars while complete closure would result in 2,000 cars. Member Brindle made a motion, seconded by Mayor Hovland, to close Dovre Drive and allow exit only at Malibu Drive on the north end. Motion and second were withdrawn. The Council directed staff to proceed as planned and update the Council within one week of the results of the exit only strategy and go to the closure if necessary within one week. Mr. Millner shared comments regarding the demolition and noise concerns. He stated staff was trying to get construction activities more in alignment with hours; however, MnDOT construction activities were exempt. VIII.C. RESOLUTION 2017-19-ACCEPTING VARIOUS GRANTS AND DONATIONS-ADOPTED 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. 2017-19 accepting various grants and donations. Member Fischer seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VIII.D. BOARD AND COMMISSION APPOINTMENTS-APPROVED Page 5 Minutes/Edina City Council/February 22, 2017 Mr. Neal reported the City accepted applications for candidates to fill vacancies to advisory boards and commissions through January 31, 2017. The Council conducted interviews on January 30, February 8, and February 9, new member orientation would be held on February 27, and all appointments would start March I, 2017. Member Stewart made a motion, seconded by Member Brindle, to approve Board and Commission appointments as follows: Arts and Culture: Anne Miller, Douglas Hegley, Susan Chandler, Alternates Heather Isaacs, Alison Kane; Board of Appeal and Equalization: Andrew Ayers, Phillip Buckvold, Alternates Wayne Wenger, Tim Braun; Community Health Commission: Steve Sarles, Andrew Johnson-Cowley, Greg Wright, Alternates Christine Tompkins, Bradley Sundick; Construction Board of Appeals: Alternate Mike Guimond; Energy and Environment: Howard Hoffman, Ramesh Shanmugavel, Alternates Jeff Lundgren, Sunil Rajpurohit; Heritage Preservation Board: Peter Sussman, Karen Kelly, John Ellingson, Laurie Blake, Alternates Rachel Mondry, Eric Gustafson; Human Rights and Relations: Kristina Martin; Robert Rivera, Alternates Janet Kitui, Deborah Chadwick; Park Board: Alternates Patrick Willette, Jack Mennan; Planning Commission None; Transportation Commission: Mindy Ahler, Bocar Kane, Erik Ruthruff, Alternates Sara Kaufman, Marcella McIntyre,Josh Ahlberg. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.B. MINUTES 1. ENERGY AND ENVIRONMENT COMMISSION,JANUARY 12, 2017 2. PARK BOARD,JANUARY 10, 2017 Informational; no action required. X. AVIATION NOISE UPDATE—Received XI. MAYOR AND COUNCIL COMMENTS—Received X11. MANAGER'S COMMENTS—Received Mr. Neal referred to last evening's meeting regarding the Nine Mile Creek Bike Trail project. He said 16 residents, 3 Councilmembers, and 7 staff members attended that meeting and shared a history of the project. Mr. Neal reviewed resident concerns relating to aesthetics surrounding the materials and height of the boardwalk, procedure as they were unaware of the project, financial impact that the trail would reduce property values, and politics due to the lack of an advocate. He outlined boardwalk elevation concerns and asked if the Council would support the process required to obtain a variance to lower the boardwalk below the floodplain. He discussed the consequences surrounding such a variance request from the Nine Mile Creek Watershed District, stating the Three Rivers Park District would likely request the City bear the cost of delay, storage of materials, and preparation of a variance application. Mr. Neal noted the probability of receiving a variance was very low. The Council recognized the neighborhood's frustrations with how different the project was from originally planned and asked if there was a way to build the boardwalk lower than planned. The Council commented on the Watershed District's process, the possibility of compensatory storage, potential dredging, rerouting the boardwalk, and need for easements. Mr. Neal reviewed history of the current boardwalk location and how the Council had reached the decision. The Council commented on how the original elevation was lower than shown today. Page 6 Minutes/Edina City Council/February 22, 2017 Jonathan Vleming, Three Rivers Park District, said there was not an original location and height was a product of regulatory requirements to get it as low as possible within Watershed District regulations. He said if the Council wished to pursue a variance, the District would work with the City to do so but noted it could delay construction and jeopardize funding. He said he respected the partnership with the City and noted the potential cost of delay could range between $60,000 and $100,000. Mr. Vleming outlined the variance request would include the sketch plan, construction documents with the boardwalk four feet lower, and how compensatory storage would be addressed. Mr. Millner outlined necessary requirements from the Wetland Conservation Act and other agencies to review and determine new grade and design. Mr. Vleming outlined the current construction schedule. The Council consensus was to continue with the Nine Mile Creek Trail as proposed, not begin any variance process, and direct staff to contact the Watershed District for further possible alternatives. X111. SCHEDULE OF MEETINGS, EVENTS AND DATES AS OF FEBRUARY 22, 2017— Received XIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 11:06 p.m. Respectfully submitted, Debr a gen, City lerk Minutes approved by Edina City Council, March 7, 2017. Jam . Hov and, Mayor Video Copy of the February 22, 2017, meeting available. Page 7