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HomeMy WebLinkAbout2019-06-18 City Council Regular MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 18, 2019 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m. II. ROLLCALL Answering rollcall were Members Anderson, Brindle, Fischer, Staunton, Hovland. Absent: None. III. MEETING AGENDA APPROVED AS PRESENTED Member Fischer made a motion, seconded by Member Brindle, to approve the meeting agenda as presented. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IV. COMMUNITY COMMENT No one appeared. ►V.A. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS Assistant Manager Schafer responded to past Community Comments. V. CONSENT AGENDA ADOPTED AS PRESENTED Member Anderson made a motion, seconded by Member Fischer, approving the consent agenda as presented: V.A. Approve minutes of the June 4, 2019, Work Session and Regular Meeting of June 4, 2019, and Special Work Session of July 12, 2019 V.B. Approve payment claims for Check Register Claims Pre-List Dated June 6-June 13, 2019 totaling $1,938,455.77, Electronic Payment Register Dated June 6-June 13, 2019 totaling $277,930.54 and Credit Card Transactions March 26-April 25, 2019 totaling $77,029.66 V.C. Approve Summary Publication for Ordinance No. 2019-10 Amending Chapter 20 of the Edina City Code Concerning Large Building Benchmarking V.D. Adopt Resolution No. 2019-46 Approving a Special Law Authorizing Tax Increment Financing Districts for Housing Purposes and Expenditures from the Southdale 2 Tax Increment Financing District V.E. Approve Collateral Assignment of Sub-Grant Agreement with Orion 4500 France, LLC V.F. Approve Encroachment Agreement for 3930-3944 Market Street V.G. Approve 2018 Community Development Block Grant Contract Amendment V.H. Approve Housing Strategy Task Force Appointments V.I. Approve Community Health Commission Appointment V.J. Approve Planning Commission Appointment V.K. Approve Request for Purchase, Change Order No. I for Contract ENG 19-6 for Gleason Stormwater Improvements, $61,200.00 V.L. Approve Request for Purchase, awarding the bid to the recommended low bidder, Contract ENG 19-15 2019 Watermain, Fer-Pal Construction, $142,903.50 V.M. Approve Request for Purchase, awarding the bid to the recommended low bidder, Flood Risk Reduction Strategy Support Services, Barr Engineering, $70,000.00 Page 1 Minutes/Edina City Council/June 18, 2019 V.N. Approve Small Cell Collocation Agreement with AT&T V.O. Approve Out-of-State Travel for Mayor Hovland Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VI. SPECIAL RECOGNITIONS AND PRESENTATIONS V.I.A. PARKS & RECREATION DIRECTOR PERRY VETTER — INTRODUCED Ms. Schaefer introduced Parks & Recreation Director Vetter to the Council and said they were excited to have him on board. She also introduced Assistant Director Fox and thanked her and staff for their work during the transition. Mr. Vetter thanked everyone for the warm welcome and echoed his thanks to the Parks and Recreation staff for their hard work and support as well as community members who welcomed him after working for 21 years in the City of Minnetonka. VI.B. EDINA CRIME PREVENTION FUND MIKE SIITARI OFFICERS OF THE YEAR — PRESENTED Police Chief Nelson presented the 8th annual Mike Siitari Officers of the Year awards to Sergeant Kevin Rofidal and Detective Joel Moore and thanked the Edina Crime Prevention Fund board for their support. He shared some background regarding Officer Siitari and how this award came to be. He introduced Sergeant Kevin Rofidal and shared about of his work which included the K-9 program, grant identification for funding the Bearcat armored vehicle, K-9 memorial, liaison to Cornerstone which that provides assistance for victims of domestic violence, and self-appointed police department historian. Chief Nelson stated Detective Joel Moore first received this award in 201 I for his work on a large-scale federal case and was dedicated to serving the residents of Edina. He spoke about a particular case of domestic violence murder and two homicide cases that involved drugs and said he was honored to have Detective Moore serve on the police force. Former Chief Siitari shared comments about how special Edina was, thanked staff and Council and the Edina Crime Prevention for their support, then presented the awards. A round of applause was offered by the audience. Officer Rofidal thanked his family, Chiefs Nelson and Siitari, and Managers Neal and Schafer for their support then highlighted the work and recognized Lt. Bongard. Detective Moore thanked the Edina Crime Prevention Fund, patrol and dispatch staff, and the Chiefs for their help and support as well as the BCA and FBI for their work on those very sad, difficult cases. VI.C. COMPREHENSIVE ANNUAL FINANICAL REPORT FOR YEAR ENDED DECEMBER 31, 2018 — ACCEPTED Assistant Finance Director Sawyer introduced James Eichten of Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (MMKR) who presented an audit of the financial statements of the City. He stated they issued an unmodified opinion which meant the City's financial records and statements were fairly presented and in accordance with Generally Accepted Accounting Principles (GAAP). He reviewed their opinion on the financial statements, internal controls and compliance, State laws and regulations as well as the single audit of federal awards which was not required for 2018. Mr. Eichten stated no findings on internal controls were identified with regard to State laws with the exception of insufficient collateral on hand which had been corrected once understood and identified. He said the City's financial results were consistent and reviewed how 2018 market values increased, 7.1% increase in expenditures due to higher public safety spending with a full- time police force. He spoke about debt management and budget projections and how expenditures were less than budgeted, which showed very good fiscal management. Page 2 Minutes/Edina City Council/June 18, 2019 The Council asked questions regarding other government funding and fund balance policies and the goal of 42-47% cash balance on hand. Mr. Sawyer spoke of the policy's goal and the move to construction activities and how this could be a trend because of licenses and being slightly under budget in expenses. The Council commended City staff for their work and recognition in financial reporting and thanked Edina Liquor staff for their work despite increased competition in the market. Member Fischer made a motion, seconded by Member Brindle, to accept the 2018 Comprehensive Annual Financial Report. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VII.A. SMASHBURGER LIQUOR LICENSE SUSPENSION — APPROVED Clerk Allison stated on May 14, 2019, alcohol was sold to an under 2I-year-old police decoy during an alcohol compliance check by the Edina Police Department. This was Smashburger's second offense within 24 months and the presumptive civil penalty was a 3-day liquor license suspension and $1,000 fine. Pursuant to MN Statute 340A.415, the maximum suspension was 60 days and the maximum fine was $2,000. Per City Code, Chapter 4, Alcoholic Beverage, Sec. 4-14-2, and in accordance with MN Statute 340A.415, the licensee must be given the opportunity for a hearing. Staff recommended the 3-day suspension be imposed for Monday-Wednesday, June 24-26, 2019, and that notice of the suspension be determined by Smashburger by posting a notice on entrance and where alcohol was in plain sight of customers. Lt. Conboy outlined the alcohol compliance check process used twice per year for all liquor license holders. Mayor Hovland opened the public hearing at 7:55 p.m. Public Testimony No one appeared. Member Fischer made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Member Anderson made a motion, seconded by Member Staunton, to approve Smashburger's 3-day liquor license suspension and $1,000 fine for its second liquor license offense within 24 months. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. The Council inquired about additional alcohol compliance training that could be provided and the possibility of including it as a condition of license renewal in the future. VII.B. BUFFALO WILD WINGS LIQUOR LICENSE SUSPENSION — APPROVED Ms. Allison stated on May 14, 2019, alcohol was sold to an under 2 I -year-old police decoy during an alcohol compliance check by the Edina Police Department. This was Buffalo Wild Wings' second offense within 24 months and the presumptive civil penalty was a 3-day liquor license suspension and $1,000 fine. The Council inquired about the suspension dates selection. Ms. Allison replied it was to help make the suspension less impactful to the license holder. Mayor Hovland opened the public hearing at 8:02 p.m. Page 3 Minutes/Edina City Council/June 18, 2019 Public Testimony No one appeared. Member Fischer made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Member Brindle made a motion, seconded by Member Fischer, to approve Buffalo Wild Wings 3-day liquor license suspension and $1,000 fine for its second liquor license offense within 24 months. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII.C. EDINA MARKET & DELI LIQUOR LICENSE SUSPENSION — LICENSE REVOKED Ms. Allison stated on May 14, 2019, alcohol was sold to an under 2I -year-old police decoy during an alcohol compliance check by the Edina Police Department. This was Edina Market & Deli's third offense within 24 months and the presumptive civil penalty was a 7-day liquor license suspension and $2,000 fine. She stated Edina Market & Deli had appealed the fine and suspension which was proposed for license suspense Sunday-Saturday, June 23-29 for the 7-day suspension. Mayor Hovland opened the public hearing at 8:08 p.m. Public Testimony Asif Dawood, Edina Market & Deli, addressed the Council. Member Staunton made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. The Council spoke about Mr. Dawood's request to surrender the license rather than serve the suspension and pay the fine and said if the license was surrendered, compliance would be met and the goal of alcohol compliance would be accomplished. Member Anderson made a motion, seconded by Member Fischer, to revoke Edina Market & Deli's Liquor License effective immediately and to not impose the proposed suspension and $2,000 fine. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII. REPORTS/RECOMMENDATIONS VIII.A. RESIDENTIAL RENTAL HOUSING LICENSING ORDINANCE NO. 2019-06 — ADOPTED Community Health Administrator Brown recapped the timeline of City work plan items for creation of a residential rental housing licensing ordinance with first reading held on May 21, 2019. He said if adopted this evening, staff would begin the process of implementation with the program becoming effective November 2019. Member Anderson made a motion to grant Second Reading adopting Ordinance No. 2019-06, amending Chapter 10 of the Edina City Code concerning Rental Licensing. Member Brindle seconded the motion. The Council commented on how this proposal came from residents to ensure housing was safe and ready for occupation for both new tenants and landlords and how this would help address housing concerns. The Council thanked staff for bringing this forward, noting single-family rentals would be more difficult to identify and staff provided compelling examples relating to the need for this program. Roll call: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Page 4 Minutes/Edina City Council/June 18, 2019 Member Brindle made a motion, seconded to Member Fischer, to adopt summary publication of Ordinance No. 2019-06, amending Chapter 10 of the Edina City Code concerning Rental Licensing to June I 8, 2019. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. 2019-2020 STUDENT COMMISSION APPOINTMENTS — APPROVED The Council thanked Human Rights and Relations Student Commissioner Jasmine Brett Stringer Moore for her help in interviewing 26 students for appointments. The Council noted the group consisted of a variety of talents, interests, and backgrounds and that they recommended seating 18 students, two on each Commission, placed where students get the most out of the experience. The Council thanked Community Engagement Coordinator Lamon and Human Rights & Relations Commission Staff Liaison Lee for coordination of the process. Member Brindle made a motion, seconded to Member Fischer, to appoint the 2019-2020 student Commission as follows: Arts & Culture Commission - Atman Jahagirdar and Shreya Konkimilla; Community Health Commission - Madeline Olson and Amy Wang with alternate Gavin Richards; Energy & Environment Commission - Ana Martinez and Chloe Maynor with alternate Kathryn Kaiser; Heritage Preservation Commission - Arjun Maheshwari and Amelia Bowles; Human Rights & Relations Commission - Shin Bee Waldron and Mythili Iyer with alternate Simren Samba; Park & Recreation Commission - Bryn Osborne and Zoe Lelas with Alternate Zachary Slavitt; Planning Commission - Isabel Melton and Ananth Velavuli; Transportation Commission - Simon Venell and Tayden Erickson. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.C. SKETCH PLAN — 4404 VALLEY VIEW ROAD — REVIEWED Community Development Director Teague said the Council was asked to consider a sketch plan request to revise the approved site plan for 4404 Valley View Road, which was part of the Edina Flats project. The proposed change would be from the approved four-unit, two-story condo, to a two-story 6,400 square foot retail/office building. The applicant had shared the construction cost of a four-unit condominium with underground parking was not financially feasible to construct on the site and noted the small area plan for this site called for a maximum height to be 2 stories and 30 feet maximum. The proposal was for 2 stories and 38 feet and parking for the building would be on the first level with 21 parking stalls. Based on a 1,900 square foot of retail space and a 4,500 square foot office space, 36 stalls would be required. Mr. Teague said the proposal would require site plan review, parking stall variance from 36 to 21 stalls, building height variance from 30 feet to 38 feet, and building setback variances. He said the proposal was still short parked and staff was concerned about parking spilling out into the adjacent neighborhood so a parking and traffic study would be required. He said the retail portion of the building encroached into the right-of-way and the proposed height exceeded the small area plan and city code requirement. Though improved from the previous plan, staff was still concerned about the way the building transitioned to the single-family home to the north. Mr. Teague spoke about the improved sidewalks and an increase in greenspace from what existed on the site today and that the applicant would be required to respond to the City's Sustainability Questionnaire within their submitted plans. Dave Remick, City Homes, reviewed the proposed project of Edina Flats and described how it would enhance the neighborhood consistent with the surrounding retail and commercial buildings. Ken Piper, Tanek Architects, thanked the Planning Commission for its input and shared how the proposal would provide ingress of Valley View Road, allow ground level elevation tied with the sidewalk, and how they propose to drop the parking four feet to be sensitive to the adjacent single-family homes. He presented relocation of existing utility boxes and massing the structure to engage Valley View Road and transitions going north to the residential area. Mr. Piper shared the proposed landscaping plan and their request for vacation of right-of-way and explained how the design could lend itself very well commercially to what was going on with Building 2 and help engage the street concept. He said they understood the Page 5 Minutes/Edina City Council/June 18, 2019 existing zoning would require a 35-foot setback in the front yard, which had been granted in other projects, and no deck was proposed that would limit activity of the neighbors to the north. The Council confirmed the proposed project was slightly shorter by 3 feet and loaded towards Valley View Road then spoke about a green roof possibility and reasons for the stair/elevator roof access. Mr. Remick said the roof was to provide an amenity for the tenants and would just be adding an elevator stop for the boutique office space. The Council shared concerns about under parking and access to the full parking lot and how overflow would be managed. The Council voiced reluctance to depart from the small area plan and cautioned about the small node neighborhood feel against screened parking. Mr. Remick spoke about how prior commercial uses were more amendable to the neighborhood and their desire to avoid an underground parking structure. He said the proposal was not identical to what was approved earlier as it was a larger footprint but they were trying to balance workable retail space on the upper level and minimize variances for parking. The Council spoke about how the site was small, the need for green space and managing storm water, and how it was a busy space during the day. The Council commented on the landscape plan, need for more screening on the north side to protect the neighbors' privacy and the area served by transit, and how they wanted to have a project that protected greenspace and created an atmosphere for Wooddale and Valley View. The Council shared concerns about transitions to the north side and nighttime events that would impact the neighborhood, then spoke about the three variances and how the site might be too small for the proposal. This property was a gateway to the Wooddale and Valley View area and important. Mr. Remick said that Building 2 was proposed for 38 feet or 3 levels. He spoke about ADA requirements for roof accessibility via the elevator and parking and activated street level to accommodate parking and buffering the indoor parking in accordance with the small area plan. VIII.D. RESOLUTION 2019-44 — 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 Brindle introduced and moved adoption of Resolution No. 2019-44 accepting various grants and donations. Member Fischer seconded the motion. Rollcall: Ayes; Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. METRO TRANSIT E-LINE BUS RAPID TRANSIT PROJECT - Received Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.B. CORRESPONDENCE - Received Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.C. MINUTES — Received I. COMMUNITY HEALTH COMMISSION, FEBRUARY I I AND APRIL 8, 2019 2. HUMAN RIGHTS AND RELATIONS COMMISSION, APRIL 23, 2019 3. PARKS & RECREATION COMMISSION MAY 14, 2019 Informational; no action required. X. AVIATION NOISE UPDATE — Received XI. MAYOR AND COUNCIL COMMENTS — Received XII. MANAGER'S COMMENTS — Received Page 6 aures':. ovland, Mayo Minutes/Edina City Council/June 18, 2019 The Council spoke about the water treatment plant expansion studies at the Southdale site and Option I E for the plant to remain at the original site. The Council also spoke about architectural options on the exterior and its desire to no longer consider expansion at the Dublin Circle site but consider storage and management as proposed and the need to give staff that clear direction. Member Staunton made a motion, seconded by Member Fischer, to direct staff to pursue the water treatment plant expansion possibilities at the Southdale site and to no longer pursue the proposed Dublin Circle site. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. XII.A. 2019 LEGISLATIVE PRIORITIES REPORT— Received XIII. CITY COUNCIL UPCOMING MEETINGS AND EVENTS — Received XIIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovla at 9:33 p.m. d the meeting adjourned Respectfully submitted, Minutes approved by Edina City Council, July 16, 2019. Video Copy of the June 18, 2019, meeting available. Page 7