HomeMy WebLinkAbout2011-11-01 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
NOVEMBER 1, 2011
7:00 P.M.
1. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:03 p.m.
II. ROLLCALL
Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland.
111. MEETING AGENDA APPROVED
Member Bennett made a motion, seconded by Member Brindle,approving the meeting agenda.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA ADOPTED
Mayor Hovland asked Mayor Pro Tern Swenson to chair Consent Agenda items since he intended to recuse
himself from consideration of from Item IV. C. and Item IV.G . Member Sprague made a motion,
seconded by Member Brindle, approving the consent agenda as revised to remove Items IV.C.
Resolution No. 2011-111 approving lot division 5023 and 5025 Nob Hill Drive, Eva May; IV.E. Engineering
Services for Tracy Avenue from Benton Avenue to Vernon Avenue; IV.G. Edina Community Foundation
designated fund agreement; IV.H. Covenant regarding maintenance of yard for 7100 Ohms Lane; and,
W.I.Traffic safety report of October 5, 2011, as follows:
IV.A. Approve regular and work session meeting minutes of October 18, 2011
IV.B. Receive payment of the following claims as shown in detail on the Check Register dated October
20, 2011, and consisting of 26 pages; General Fund $101,758.15; Communications Fund
$9,240.65; Police Special Revenue $23.90; PIR Debt Service Fund $1,975.00; Working Capital
Fund $123,888.42; Equipment Replacement Fund $51,677.38; Construction Fund $30,391.36; Art
Center Fund $694.95; Golf Dome Fund $64.13; Aquatic Center Fund $260.56; Golf Course Fund
$26,004.07; Ice Arena Fund $4,839.39; Edinborough/Centennial Lakes Fund $15,988.68; Liquor
Fund $201,207.69; Utility Fund $79,315.01; Storm Sewer Fund $28,351.82; Recycling Fund
$38,820.60; PSTF Agency Fund $2,236.14; Payroll Fund $5,101.39; TOTAL $721,839.29 and for
approval of payment of claims dated October 27, 2011, and consisting of 29 pages; General Fund
$426,923.84; Communications Fund $11,629.96; Police Special Revenue $3,900.00; Working
Capital Fund $1,648,979.19; Equipment Replacement Fund $9,089.80; Construction Fund
$261,006.42; Art Center Fund $1,627.26; Golf Dome Fund $158.39; Aquatic Center Fund $151.21;
Golf Course Fund $4,958.19; Ice Arena Fund $81,365.57; Edinborough/Centennial Lakes Fund
$57,586.73; Liquor Fund $166,871.55; Utility Fund $906,895.44; Storm Sewer Fund $685,395.70;
PSTF Agency Fund $694.74; TOTAL$4,267,233.99; and, Credit Card Transactions dated August 26
—September 26, 2011; TOTAL$7,363.90.
. .
IV.D. Approve engineering services for Richmond Hills Park neighborhood roadway reconstruction
IV.F. Adopt Resolution No. 2011-113, certifying special assessments for Galleria entrance
Rollcall:
Ayes: Bennett, Brindle, Sprague, Swenson
Nays: None
Abstain: Hovland
Page 1
Minutes/Edina City Council/November 1, 2011
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
IV.C. RESOLUTION NO. 2011-111 ADOPTED - APPROVING LOT DIVISION 5023 AND 5025 NOB HILL
DRIVE, EVA MAY
Planning Director Teague advised the median numbers were clearly met based on County data. Mayor Pro
Tern Swenson introduced and moved adoption of Resolution No. 2011-111 approving a lot division of
5023 and 5025 Nob Hill Drive. Member Brindle seconded the motion.
Ayes: Bennett, Brindle, Sprague, Swenson
Nays: None
Abstain: Hovland
Motion carried.
IV.E. ENGINEERING SERVICES APPROVED - TRACY AVENUE FROM BENTON AVENUE TO VERNON
AVENUE
Public Works Director/City Engineer Houle presented staff's recommendation to prepare a feasibility study
for the reconstruction of Tracy Avenue from Benton Avenue to Vernon Avenue.
The Council acknowledged the speed of traffic and lack of safe crossing locations and discussed installing
sidewalks, where missing, to provide connectivity with the park and schools. Mr. Houle stated these issues
would be discussed during the public hearing process when all components would be analyzed. WSB
information was referenced relating to the necessity of obtaining variances from Municipal State Aid
(MSA) standards so, perhaps, sidewalks could fit within the roadway. It was noted that since this was an
MSA roadway, sidewalks would not result in additional cost to residents. The Council agreed there would
be benefit to considering sidewalks from the beginning of the feasibility process and revised the Scope of
Work to include: "sidewalk installation and/or replacement." Member Sprague made a motion,
seconded by Member Bennett, authorizing the City Manager to approve the proposal for a feasibility
study and bid documents to reconstruct Tracy Avenue from Benton Avenue to Vernon Avenue, as
revised to add "sidewalk installation and/or replacement."
Ayes: Bennett, Brindle, Sprague, Swenson
Nays: None
Abstain: Hovland
Motion carried.
IV.G. EDINA COMMUNITY FOUNDATION DESIGNATED FUND AGREEMENT APPROVED
The Council discussed forgiving the $150/month rent paid by the Edina Community Foundation (ECF) in
recognition of its management of designated funds that supported City work. Manager Neal advised the
ECF described this one-year agreement as barter because this particular fund involved an extraordinary
amount of time to manage the individual transactions. The Council indicated it would hold a future
discussion related to rent charged to the ECF with the understanding there were restrictions on the City's
ability to donate and a need to assure transparency and accountability. Member Brindle made a motion,
seconded by Member Sprague, approving Edina Community Foundation agreement waving the
Foundation's office rent for one fiscal year in exchange for expenses to process Veterans Memorial
Committee fundraising contributions.
Ayes: Bennett, Brindle, Sprague, Swenson
Nays: None
Abstain: Hovland
Motion carried.
IV.H. COVENANT REGARDING MAINTENANCE OF YARD FOR 7100 OHMS LANE APPROVED
Chief Building Official Kirchman presented the building owner's request to establish an assembly
occupation (batting cages) within 7100 Ohms Lane and need for unlimited area building because the
required ratio could not be achieved in a building of this construction and size. He explained that an
Page 2
Minutes/Edina City Council/November 1, 2011
unlimited area building provision was permitted by code under two conditions: a 60-foot open side yard
and a fully sprinklered building. This property met both conditions.
Mr. Kirchman answered questions of the Council related to levels of occupancy, tenants, and compatibility
of uses within the building. Attorney Knutson advised that another allowable assembly use could move
into this building if it complied with the Zoning Ordinance. He indicated he sees no long-term implication
in considering this request because the Zoning Ordinance controlled how the building was used. Mr.
Teague stated several more parking spaces might be required. It was noted the closest residential use was
on the other side of the creek. Member Brindle made a motion, seconded by Mayor Pro Tern Swenson,
approving covenant agreeing to leave that part of Outlot A as indicated in Exhibit A open for as long as
the current building on 7100 Ohms Lane was required to be an unlimited area building.
Ayes: Bennett, Brindle, Sprague, Swenson
Nays: None
Abstain: Hovland
Motion carried.
IV.1. TRAFFIC SAFETY REPORT OF OCTOBER 5, 2011 ACCEPTED
The Council discussed whether the requested crosswalk at the intersections of Edinborough Way and West
76`h Street and for Edinborough Way and Parklawn Avenue could be wider or enhanced given its setting
and high number of seniors using this crossing. Mr. Houle described the two types of crosswalk markings
and benefits of each type. He indicated this location would not warrant the use of flashing lights, but staff
would analyze the pavement to determine whether duraprint could be used in this location. Mr. Houle
said they would determine options to make the crosswalk more visible. Following discussion, the Council
supported an educational effort to raise awareness of public safety and State law requiring vehicles to stop
for pedestrians whether or not within a designated crosswalk.
Mr. Houle responded to the Council's questions related to the Traffic Safety Report. It was noted the
Comprehensive Plan included sidewalks on the eastern segment of Benton Avenue. Mr. Houle explained
staff had not been directed to prepare a feasibility report on sidewalks in that location but would be
looking at bicycle routes. The Council indicated it would further address this issue during Mayor and
Council Comments. Member Bennett made a motion, seconded by Member Sprague, accepting traffic
safety report of October 5, 2011.
Ayes: Bennett, Brindle, Sprague, Swenson
Nays: None
Abstain: Hovland
Motion carried.
Mayor Hovland resumed chairing the meeting.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
None.
VI. COMMUNITY COMMENT
Doug Benner, 7025 Sally Lane, stated he received a letter from the City advising he had 30 days to remove
trees from his property. He asked the Council to rescind the letter of October 14, 2011, review the
information he had provided that included background as well as legal and traffic engineering analysis, and
consider the two recommended actions. See Mayor and Council Comments.
VII. REPORTS/RECOMMENDATIONS
VILA. RESOLUTION NO. 2011-112 ADOPTED—ACCEPTING VARIOUS 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.
Page 3
Minutes/Edina City Council/November 1, 2011
Member Bennett introduced and moved adoption of Resolution No. 2011-112 accepting various
donations. Member Swenson seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VII.B. NEIGHBORHOOD IDENTIFICATION PUBLIC ENGAGEMENT PROCESS
Assistant Manager Kurt presented the proposed framework for supporting neighborhood associations and
outlined a two-tier engagement process that would ensure the inclusion of many stakeholders.
The Council discussed how this process would be structured. Consideration was given to a first tier
neighborhood identification oversight group of eight to ten individuals selected to design the engagement
process to educate residents on the potential of neighborhood associations. The second tier would be
citizen teams organized by geographic quadrants to catalogue current neighborhood groups and work
towards consensus on neighborhood boundaries and names. The Council also discussed options for
selection of the oversight group and quadrant teams, noting the model used during the Comprehensive
Plan was excellent and resulted in high attendance. The Council considered allowing self-selection for
quadrant teams.
It was noted that staff's request had not included direction on how to start neighborhood associations or
the City's role in that process, but whether the Council supported a two-tier public engagement process
and how to select citizens for the oversight group. The desired outcome was to receive recommendations
on neighborhood boundaries and names formulated by the quadrant teams, vetted by the oversight
group, and presented for Council consideration.
Mr. Neal commented on the need to carefully engage citizens from the beginning in establishing
neighborhood geography and names and not being too prescriptive so there was room for creativity.
Support was expressed for Ms. Kurt to vet applications for the oversight group with membership
confirmed by the Council. With regard to quadrant team selection and participation, support was
expressed to assure adequate citizen participation on a broad geographic basis without micromanagement
by the City. It was suggested that an early survey/educational orientation within the quadrants might be
beneficial to inform citizens that this process was underway. Communications Director Bennerotte
advised the new website content management system allowed an online polling option. Member Sprague
made a motion, seconded by Member Swenson, approving a two-tier public engagement process for
determining neighborhood boundaries and names, as discussed, with City staff interviewing and
selecting an oversight advisory group that would be confirmed by the City Council. This group would
determine its initial name.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VII.C. GRANT APPLICATION APPROVED—HENNEPIN COUNTY FOR "OPEN TO BUSINESS"PROGRAM
Mr. Neal advised that due to the submittal deadline, a letter of interest had been completed. If approved
by the Council, the application was in good standing. If not approved by the Council, the application would
be withdrawn. Mr. Neal answered questions of the Council and described the advantages of services
offered by this program at no cost to assist in developing a business plan and seek financing. The City's
contribution of $5,000 would be matched by Hennepin County. Mr. Neal stated it was understood that
while this was a two-year program, the City would annually consider whether to budget the expense. The
Council noted the Chamber of Commerce would be a key ally in promoting this service. Mr. Neal described
the types of incentives that could be offered to attract businesses to Edina under this program. Member
Swenson made a motion, seconded by Member Sprague, approving the grant application to Hennepin
County for the Open to Business Program.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Page 4
Minutes/Edina City Council/November 1, 2011
VIII. CORRESPONDENCE AND PETITIONS
VIII.A. PETITION RECEIVED AGAINST VALLEY ESTATES NEIGHBORHOOD STREET RECONSTRUCTION
PROJECT ACKNOWLEDGED
The Council acknowledged receipt of petition against Valley Estates neighborhood street reconstruction
project and referred the petition to Engineering.
VIII.B. CORRESPONDENCE RECEIVED FROM THE MINNESOTA RESTAURANT ASSOCIATION
Dan McElroy, Minnesota Restaurant Association, asked the Council to reconsider the existing City Code
provision prohibiting offering happy hour and discount liquor. Mr. McElroy noted competitors in
surrounding communities do not have those prohibitions. He stated he had offered potential modification
to the ordinance that would maintain the restaurant style and not change the 60% food sales/40% liquor
sales provision.
The Council questioned whether an ordinance change would result in licensed establishments being
unable to comply with the requirement for their revenue streams to derive no more than 40 percent from
the sale of alcohol with food being a minimum of sixty percent. City Clerk Mangen answered the Council's
questions relating to the ordinance prohibition of offering discount liquor and explained that restaurants
could offer liquor specials if offered at all times and stated on its menu. Mr. Neal stated staff realized the
sensitivities in how liquor had matured in its use in the community and asked the Council whether there
was interest in continuing that maturation and directing staff to discuss a potential change in the
ordinance. Member Sprague made a motion, seconded by Mayor Hovland, directing staff to review the
issue of discounting the sale of alcohol during certain times of the day and to come forward with a
recommendation.
Member Swenson noted the 60% food sales/40% liquor sales provision had not stopped restaurants from
opening in Edina. She stated her concern with the implications should this provision be changed and
indicated she would vote against the motion.
The Council indicated it did not want to put the City's restaurants at a competitive disadvantage, especially
in the location of 50`h Street and France Avenue. It was acknowledged that by maintaining the 60% food
sales/40% liquor sales provision, Edina was known as a restaurant town that served alcohol as an adjunct
to food.
Member Bennett stated she shared the thoughts of Member Swenson, noting a parking study conducted
this year indicated a shortage of 200+ spaces at 50`h Street and France Avenue so there was success,
however it was defined. She stated she had read StarTribune articles indicating a similar ratio rule applied
to certain Minneapolis business districts when in proximity to residential areas.
Mayor Hovland indicated the discussion would be data driven and would address public safety to
determine if there were an increase of risk to the public by allowing "happy hour". Mr. McElroy agreed
that Edina was a great place to do businesses; however, there were competitive challenges from the St.
Louis Park West End and recently opened areas in Minneapolis. He clarified the Minnesota Restaurant
Association was not arguing that the 60% food sales/40% liquor sales provision should change but were
asking for flexibility on beverage pricing. Member Sprague called the question.
Ayes: Brindle, Sprague, Hovland
Nays: Bennett, Swenson
Motion carried.
VIII.C. CORRESPONDENCE RECEIVED SINCE LAST MEETING
Mayor Hovland acknowledged the Council's receipt of various correspondence.
IX. MAYOR AND COUNCIL COMMENTS—Received
Page 5
Minutes/Edina City Council/November 1, 2011
IX.A. SIDEWALK PRIORITIZATION SCHEDULE REQUESTED
Member Bennett made a motion, seconded by Member Swenson, directing staff to prepare feasibility to
connect the existing Benton Avenue sidewalk west of TH100 to Hanson Road.
The Council discussed the reconstruction schedule for Benton Boulevard and the benefit of prioritizing
sidewalks so those projects could move forward when funding became available or reconstruction projects
provided opportunity. It was noted that this area could serve as a safe route to school. Mayor Hovland
reported the School District had requested the City work in cooperation to assure the District had funding
for crossing guards. Members Bennett and Swenson withdrew the motion. Member Bennett made a
motion, seconded by Member Swenson, directing staff to work with the Edina Transportation
Commission (ETC)to analyze sidewalks and develop recommendation for a prioritization schedule.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IX.B. EDINA PUBLIC SCHOOLS LEVY REFERENDUM SUPPORTED
Mr. Knutson advised that while the Council could not spend money lobbying or advertising for or against a
school referendum, it could make a motion. The Edina City Council unanimously moved its support of the
Edina Public School District's levy referendum on Tuesday, November 8, 2011.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IX.C. DOUG BENNER, 7025 SALLY LANE—LETTER SUSPENDED TO DECEMBER 6, 2011
The Council discussed the request of Mr. Benner during Community Comment to rescind the October 14,
2011, letter requiring removal of trees from his property within 30 days. Mayor Hovland made a motion,
seconded by Member Brindle, rescinding the October 14, 2011, City notice directing Doug Benner of
7025 Sally Lane to remove approximately 30 trees from the Valley View Road right of way and referring
information and the RLK study submitted by Mr. Benner to staff for further consideration and
recommendation to Council.
Members Swenson and Sprague spoke against rescinding the order because it was based on the ordinance
that gave clear authority to remove encumbrances within the boulevard. Mr. Knutson advised the City had
the right to order the removal of anything from the right-of-way that interfered with travel or if
determined to be safety hazard. Member Brindle asked if staff should study whether Sally Lane could be
realigned to create a more direct approach and eliminate the sight line issue. The Council discussed
whether the submittal raised new issues and was compelling enough to warrant consideration by legal
staff to determine whether the submittal was factual. The alternative of suspending action was
considered since the 30-day deadline might not allow time for legal review and consideration by a full
Council. Mayor Hovland and Member Brindle withdrew the motion. Mayor Hovland made a motion,
seconded by Member Brindle, to suspend the October 14, 2011, 30-day notice to December 6, 2011,
when a legal opinion would be received for review by the Council.
Ayes: Bennett, Brindle,Swenson, Hovland
Nays: Sprague
Motion carried.
X. MANAGER'S COMMENTS—Received
X.A. CITY COUNCIL MEMBER E-MAIL PROTOCOL RECEIVED
Mr. Neal requested Council direction related to e-mail protocol. During discussion, Mayor Hovland and
Members Swenson and Brindle indicated a preference to use Edina e-mail, and Members Bennett and
Sprague indicated a preference to use a personal e-mail. Staff was asked to determine whether an option
could be offered to send an e-mail to all Council Members.
X.B. PROPOSED FRANCE AVENUE PEDESTRIAN BRIDGE—CHANGE OF SCOPE AUTHORIZED
Page 6
Minutes/Edina City Council/November 1, 2011
Mr. Neal indicated staff had been directed, in 2007, to seek funding to advance a potential pedestrian
bridge over France Avenue at 72nd Street. In that effort, a matching grant had been awarded. Mr. Neal
noted the ETC was on record as not supporting the project and asked for Council direction whether it
affirmed this project and staff should seek an extension on the grant.
Member Swenson stated her reasoning to support both a pedestrian bridge over France Avenue as well as
enhanced at-grade crossings. The Council discussed the changes that had occurred in this general area
since its 2007 decision to seek funding for a pedestrian bridge including: Living Streets Policy developed by
the ETC, Hennepin County Complete Streets Policy, alignment determination for the Three Rivers trail, and
creation of the Promenade.
It was indicated that a Texas study found 70% of pedestrians would use an overpass bridge if it was
roughly equal in distance to an at-grade crossing. However, if the distance was 50% or greater, the
number of pedestrians that would use the overpass bridge fell to 5%. The Council acknowledged a survey
had found pedestrians were currently crossing France Avenue at numerous locations, some considered to
be dangerous points.
Given the City's design philosophy change, the Council indicated a pedestrian bridge over France Avenue
was no longer the best approach to provide pedestrian crossing or use of public funds. Rather, it
supported a change in scope to create as many enhanced at-grade crossings as feasible, designed to assure
pedestrian safety through inclusion of adequate timing and perhaps an all-stop vehicle option that allowed
pedestrians to cross in any direction (including diagonal). Support was also expressed to coordinate a
broad based public/private coalition in cooperation with other municipalities, Hennepin County, and
private businesses to develop a prioritized implementation plan for the entire Southdale area and gateway
locations using the Hennepin County France Avenue Corridor Study as a catalyst. This plan would include
connectivity features for Richfield and the Hennepin County library. The Council acknowledged that such a
change in scope required the project to be rescored based on its original standards and accepted the
possibility of the loss of the grant. Member Sprague made a motion, seconded by Member Bennett,
requesting staff to pursue a change in scope for the grant from a pedestrian bridge over France Avenue
to multiple enhanced at-grade crossings as reflected in the Hennepin County France Avenue Crossing
Study and to pursue an extension of the grant sunset date. Member Bennett requested clarification that
the motion and vote meant that the City would no longer pursue the pedestrian bridge over France
Avenue. Consensus was expressed
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
XI. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
9:52 p.m.
Respectfully submitted, (
De .1i Mangen, City Clerk
Minutes approved by Edina City Council, November 15, 2011.
\
I`
.....401114
James B. Ho land, Mayor
Video Copy of the November 1, 2011, meeting available.
Page 7