HomeMy WebLinkAbout2017-09-19 City Council Regular Meeting Minutes MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
SEPTEMBER 19, 2017
7:00 P.M.
I. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:05 p.m.
11. ROLLCALL
Answering rollcall were Members Brindle, Fischer, Staunton, Stewart, and Mayor Hovland.
III. MEETING AGENDA APPROVED
Member Brindle made a motion, seconded by Member Fischer, approving the meeting agenda
as presented.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
IV. COMMUNITY COMMENT
Dr. Hannelore Brucker, 5153 Abercrombie Drive, inquired about a recent meeting and vote for a railway in
the City and shared concerns about the proposal.
Manager Neal shared information about the consultant's process that gauged citizen input for the Edina
Transportation Commission to provide a recommendation to the Council regarding the feasibility of
passenger rail on the Dan Patch Line.
Frank Lorenz, 7 15 1 York Avenue South, commented on the proposed plan to rebuild Arden Park and the
difficulty of buckthorn removal. He suggested Council consider less expensive labor options for its removal
such as Hennepin County sentence-to-serve or Boy and Girl Scout programs.
V. CONSENT AGENDA ADOPTED AS REVISED
Member Stewart made a motion, seconded by Member Fischer,approving the consent agenda
as revised to remove V.H. Approve Agreement for Legal Services between the City of Edina
and Leach Law Office, as follows:
V.A. Approve minutes of September 6, 2017,Work Session meeting and September 6, 2017,
Regular Council meeting
V.B. Receive payment of the following claims as shown in detail on pre-list dated August 31,
2017, and consisting of 33 pages: General Fund $366,186.75, Police Special Revenue
$1,242.00, Pedestrian and Cyclist Safety $16,092.15, Conservation & Sustainability
$175.00, Working Capital Fund $764,470.72, PIR Construction Fund $76,215.42, Art
Center Fund $88.73,Golf Dome Fund $4,108.19,Aquatic Center Fund $135,200.77,Golf
Course Fund $9,485.38, Ice Arena Fund $8,526.55, Sports Dome Fund $209.54,
Edinborough Park Fund $14,598.99, Centennial Lakes Park Fund $3,717.64, Liquor
Fund $192,850.98, Utility Fund $23,824.70-, Storm Sewer Fund $48,565.62, Risk Mgmt
ISF $18,140.80, PSTF Agency Fund $1,219.29,Grandview TIF District$46.72,Southdale
2 District $3,278.88, Payroll Fund $2,888.95: Total $1,643,484.37; pre-list dated
September 7, 2017 consisting of 22 pages: General Fund $168,409.94, Police Special
Revenue $79.93, Working Capital Fund $1,228.27, Art Center Fund $441.50, Aquatic
Center Fund $2,011.4S, Golf Course Fund $16,155.76, Ice Arena Fund $25,190.88,
Sports Dome Fund $42.40, Edinborough Park Fund $12,168.04, Centennial Lakes Park
Fund $1,587.30, Liquor Fund $113,391.37, Utility Fund $12,446.86, Storm Sewer Fund
$29,207.12, PSTF Agency Fund $764.52, Centennial TIF District$40,552.82, Grandview
TIF District $341.78: Total $424,019.94: and credit card transactions dated June 26,
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Minutes/Edina City Council/September 19, 2017
2017 through July 25, 2017 and consisting of 14 Pages: General Fund $32,389.48, Art
Center Fund $145.68, Aquatic Center Fund $99.00, Golf Course Fund $2,831.41, Ice
Arena Fund $234.51, Edinborough Park Fund $141.90, Centennial Lakes Park Fund
$3,032.60, Liquor Fund $851.81, Utility Fund $1,015.93, PSTF Agency Fund $527.67, MN
Task Force I Fund $764.13: Total $42,034.12 and per pre-list dated September 14, 2017,
and consisting of 38 pages: General Fund $418,564.68, Working Capital Fund
$35,348.81, PIR Construction Fund $891.12, Equipment Replacement Fund
$125,226.00, Art Center Fund $7,304.87, Golf Dome Fund $1,026.63, Aquatic Center
Fund $12,607.62, Golf Course Fund $21,274.81, Ice Arena Fund $73,160.71, Sports
Dome Fund $4,069.43, Edinborough Park Fund $18,054.78, Centennial Lakes Park Fund
$2,098.43, Liquor Fund $262,193.81, Utility Fund $519,048.19, Storm Sewer Fund
$17,179.75, Recycling Fund $38,181.96, PSTF Agency Fund $4,682.21, Centennial TIF
District $14,795.09, Grandview TIF District $47.90: $1,575,756.80
V.C. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Parsons Electric, $64,975.00, City Hall Uninterrupted Power Supply (UPS)
Replacement
V.D. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Hager City Glass Company, $63,900.00, Park Entrance Doors at Edinborough Park
V.E. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Bituminous Roadways, $98,836.60, Paving 65th and Drew Road
V.F. Authorize Amendment to Access Agreement for Minnesota Pollution Control Agency
to Install Additional Groundwater Monitoring Well
V.G. Approve Traffic Safety Report of August 2, 2017
V.H. Agreement for Legal Services Between he City of Edina and Leach Law Office
V.1. Approve Memorandum of Understanding with Department of Defense/Firefighter
Program
V.J. Approve Amendment to Liquor License; Change of DBA Lou Nanne's Steakhouse to
Tavern 23
Rollcall:
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
V.H. AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF EDINA AND LEACH LAW
OFFICE -APPROVED
The Council referred to recent correspondence that outlined a negative encounter with Attorney Patrick
Leach in his representation of the City. Mr. Neal explained the proposed agreement for City prosecution
services and shared the number of complaints received was less than 1% of the firm's case load and, based
on staff and police input and positive fiscal impacts, asl<ed for approval.
Member Brindle made a motion, seconded by Member Fischer, to approve the agreement for
legal services between the City of Edina and Leach Law Office.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VI. SPECIAL RECOGNITIONS AND PRESENTATIONS
VI.A. PROCLAMATION DECLARING SEPTEMBER 17 THORUGH SEPTEMBER 23
CONSTITUTION WEEK— PROCLAIMED
Member Brindle made a motion, seconded by Member Staunton, to proclaim September 17
through September 23 as Constitution Week in the City of Edina.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
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Minutes/Edina Cid Council/September 19, 2017
Sara Patzloff, Daughters of the American Revolution, commented on the importance of the Constitution and
thanked those who had stood to maintain its liberties and freedoms.
VI.B. 2017 IMAGES OF EDINA PHOTO CONTEST PRESENTATION—RECOGNIZED
Communications Assistant Wills presented the 2017 Images of Edina winners in each category and Readers'
Choice as follows: Business—"Centennial Lakes Office Park" by Matt Long, People—"Watching Softball" by
Molly Andresen, Community Events—"Marching Band by Moonlight" by Suzanne Magnuson, Places in Edina
—"Go Instead Where There is No Path, and Leave a Trail - Emerson" by Lisa Rose, Plants & Animals —"A
Lake Edina Cardinal Amongst Colorful Fall Foliage" by William Webb, Readers' Choice—"Great Blue Heron
Near Lake Cornelia" by Russell Stanton, and announced William Webb as the Best in Show winner.
Mayor Hovland presented awards to all and the audience offered rounds of applause for each winner.
The Council agreed to reorder the agenda and next consider Item VI.D.
VI.D. AUGUST 2017 SPEAK UP, EDINA: BRAEMAR PARK MASTER PLAN—PRESENTED
Senior Communications Coordinator Eidsness outlined the public engagement process used to gather
information on the proposed Braemar Park Master Plan. Ms. Eidsness presented a summary of comments,
requests, and suggestions received and shared the next Speak Up, Edina topic would be building heights.
VI.C. SUPERINTENDENT OF RICHFIELD SCHOOLS, STEVE UNOWSKY. 2017 RICHFIELD
PUBLIC SCHOOLS LEVY REFERENDUM —PRESENTED
Richfield Public Schools Superintendent Steve Unowsky and School Board Member Dr. Peter Toensing spoke
about the upcoming referendum and highlighted graduation rates, student achievements, and outlined the
operational levy. They shared how the funds would be used if the referendum was approved and asked for
a resolution of support.
The Council commented on the overlap of school districts in the City, thanked District representatives for
the information, and requested a copy of the City of Richfield's Resolution of Support be forwarded to
Manager Neal. Mr. Neal outlined the school district boundaries for Council.
VI.D. AUGUST 2017 SPEAK UP, EDINA: BRAEMAR PARK MASTER PLAN
This item was considered prior to Agenda Item VI.C.
VII. PUBLIC HEARINGS HELD —Affidavits of Notice presented and ordered placed on file.
VII.A. NUISANCE ABATEMENT, 5754 WOODDALE AVENUE, RESOLUTION NO. 2017-87 —
ADOPTED
Community Health Administrator Presentation
Community Health Administrator Brown stated staff had received multiple resident complaints for the
property at 5754 Wooddale Avenue for exterior storage which included lumber, appliances, pipe, fencing,
tools, tires, hardware, landscaping material, and other miscellaneous abandoned items. He said the property
was declared a Public Health Nuisance and the cost for abatement must be certified against the property for
payment and the Council must conduct a public hearing for this request in the amount of$3,200.00.
The Council confirmed the estimate, if passed, would be the maximum amount set for abatement and asked
for basis of this action. City Attorney Knutson stated the Council had rights to abate a nuisance property
and confirmed that the property owner had been notified.
Mayor Hovland opened the public hearing at 7:57 p.m.
Public Testimony
No one appeared.
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Minutes/Edina City Council/September 19, 2017
Member Fischer made a motion, seconded by Member Staunton, to close the public hearing.
Ayes: Brindle, Fischer, Staunton, Steward, Hovland.
Motion carried.
Member Brindle introduced and moved and adoption of Resolution 2017-87 ordering nuisance
abatement— NA-18 at 5754 Wooddale Avenue. Member Fischer seconded the motion.
Rollcall:
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VII.B. NEW INTOXICATING ON-SALE AND SUNDAY SALE LIQUOR LICENSE; AMERICAN
MULTI-CINEMA, INC. DBA: AMC THEATRES SOUTHDALE CENTER 16 —APPROVED
Manager Presentation
Mr. Neal introduced representatives from AMC Theaters and outlined their request for an on-sale and
Sunday liquor license at Southdale Center 16. He said staff confirmed that the applicant had met the
restaurant criteria with regard to food, passed the background investigation, and would be eligible for a
liquor license.
Proponent Presentation
Frank Lewis, Director of Alcohol Operations, 11500 Ash Street, Leawood, Kansas, and Attorney Kate
Becker, 80 South 8th Street, Minneapolis, thanked the Council for the opportunity. They explained the
proposed restaurant and food service with alcohol offerings and noted any sales made would be to ticketed
guests only. Mr. Lewis commented on their strict alcohol training and carding policy of all customers with
zero tolerance for failure, video monitoring, and the importance of law enforcement partnership.
The Council asked questions on alcohol service and underage consumption in a dark theater. Mr. Lewis
noted lighting was sufficient for staff to adequately monitor guests and explained how staff would be trained
to monitor signs of intoxication based on disturbances and that experience at other locations had shown
that minors typically would not consume alcohol in a theater. Ms. Becker commented on successful
compliance checks in their other Minnesota locations and how the remodeling trend had increased the
average age of movie-goers, resulting in fewer younger people on site.
Mayor Hovland opened the public hearing at 8:21 p.m.
Public Testimony
Steve Timmer, 5348 Oaklawn Avenue, addressed the Council.
Frank Lorenz, 7151 York Avenue South, addressed the Council.
The Council confirmed that the theater had met the restaurant standard through controlled space and
successful background investigation and that there was no public safety concern.
Member Brindle made a motion, seconded by Member Staunton, to close the public hearing.
Ayes: Brindle, Fischer, Staunton, Steward, Hovland.
Motion carried.
The Council asked questions regarding sanitation, restaurant inspection, alcohol compliance, and
consequences for failure. Mr. Neal said staff would develop an additional inspection protocol and outlined
compliance failure consequences that included an increased penalty schedule with potential license
revocation.
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Minutes/Edina Cid Council/September 19. 2017
Member Stewart made a motion, seconded by Member Staunton, to approve on-sale
intoxicating and Sunday sale liquor licenses for American Multi-Cinema, Inc. DBA: AMC
Theatres Southdale for the period beginning Sept. 19, 2017 and ending April I, 2018.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
The Council commented on the level of plan detail and success in other locations and confirmed monitoring
would occur. Mr. Lewis said based on the average 1.1 drinks per guest and stringent monitoring, they
anticipated no concerns.
Vlll. REPORTS/RECOMMENDATIONS— (Favorable vote of majority of Council Members present to
approve except where noted).
VIII.A. CONCEPT PLAN FOR ARDEN PARK AND MAYOR AND CITY MANAGER TO SIGN
AGREEMENT WITH MINNEHAHA CREEK WATERSHED DISTRICT — APPROVED AND
AUTHORIZED
Member Fischer recused himself from consideration of the concept plan for Arden Park based on his
employer's open contracts with the Minnehaha Creek Watershed District(MCWD) and left the dais at 8:43
p.m.
Parks and Recreation Director Kattreh and Renee Clark, MCWD, recapped the project,timeline,and shared
goals identified along with the proposed budget for Arden Park. The MCWD Board of Managers would
consider the project October 12 with bid award in December 2018 and construction in 2019. The overall
project estimate was just over $4 million with the City's portion being $2,147,500.
The Council asked questions regarding costs and consequences of not partnering with the Watershed
District, which would include design of an alternative stormwater solution and regulatory approvals to
mitigate wetlands elsewhere. Engineering Services Manager Bintner said it was difficult to compare costs on
an alternative project that had not been designed but noted the project addressed partnership and
efficiencies of scale in the budget, that service levels would be reduced to meet regulatory requirements,
and result in more capital investment.
The Council outlined next steps that included design, data, engineering, ground data, and creek alignment to
maximize greenspace and inquired about the creation of a public involvement review. The Council
commented on the use of riprap and need to understand the characteristics of the creek, equipment use
and storage, and how to ensure no damage occurred to infrastructure. Comments were shared about being
good environmental stewards of the Creek, how it made sense to collaborate with the District in those
efforts, and requested the creation of a stakeholder committee for a public process. The Council cautioned
on the use of lights and the desire to have more pervious trail elements and requested staff outline a process
that allowed public input on key issues such as trails, configuration, meander, and trees.
Member Staunton made a motion, seconded by Member Brindle, approving the concept plan
for Arden Park, authorizing the Mayor and City Manager to sign agreement with Minnehaha
Creek Watershed District, and creating a public engagement process during design process
such as an advisory committee.
Ayes: Brindle, Staunton, Stewart, Hovland
Motion carried.
Member Fischer returned to the dais at 9:59 p.m.
VIII.B. POLICY GUIDANCE FOR REDEVELOPMENT OF FORMER PUBLIC WORKS
MAINTENANCE FACILITY SITE—APPROVED
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Minutes/Edina City Council/September 19, 2017
Mr. Neal stated the City had received significant development interest in the former Public Works
Maintenance Facility site in the Grandview District and asked for Council direction about future plans for
this site.
The Council commented on the need for public space as part of any project and how Grand View Green
would augment what occurred at this site. The Council also commented on The Lid to connect over a
highway, alternate locations for a civic plaza with mixed commercial area, and the desire to develop
something as this had become an eyesore. The Council suggested staff work with Frauenshuh on a sketch
consistent with the framework and transportation study and commented on the need to do this soon.
Mr. Neal said Frauenshuh had a strong interest before in the site and said they would bring a sketch plan
forward for Council review before year-end.
VIII.C. K9 MEMORIAL—APPROVED
Member Brindle stated the Edina Crime Prevention Fund board of directors was requesting the City Council
allow the construction of a memorial to honor K-9s who have served the Edina Police Department. She
explained the memorial would consist of a full-size bronze sculpture of a K-9, paver walk,and granite markers
with the names of previous K-9s and shared the request that the location be allowed to have K-9 cremains
interred.
Mr. Knutson noted nothing was outlined in City Code that addressed cremains locations. The Council
suggested other potential sites. Police Chief David Nelson shared concerns with potential relocation and
suggested the creation of a memorial marker instead.
Member Brindle made a motion, seconded by Member Stewart, to approve the proposed K-
9 memorial site without inclusion of cremains.
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. COMMUNITY HEALTH COMMISSION, MAY 8, 2017 AND JUNE 12, 2017
2. PARKS AND RECREATION COMMISSION, AUGUST 8, 2017
Informational; no action required.
X. AVIATION NOISE UPDATE— Received
X1. MAYOR AND COUNCIL COMMENTS— Received
XI.A. CITY MANAGER EMPLOYMENT AGREEMENT
Mayor Hovland would lead discussion of the City Manager's employment agreement and there would be a
Closed Session for that performance review.
X11. MANAGER'S COMMENTS— Received
XII.A. RECORDING OF PARKS & RECREATION COMMISSION
The Council consensus was to continue recording these meetings.
XII.B. ON-SALE LIQUOR LICENSE EXTENDED HOURS PERMITS: 2018 SUPER BOWL — No
decision
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Minutes/Edina City Council/September 19, 2017
X111. SCHEDULE OF MEETINGS, EVENTS AND DATES AS OF SEPTEMBER 19, 2017—Received
XIV. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
11:20 p.m.
Respectfully submitted, LA
Deb ngen, City Jerk
Minutes approved by Edina City Council, October 3, 2017.
James B. Hovland, Mayor
Video Copy of the September 19, 2017, meeting available.
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