HomeMy WebLinkAbout2012-03-20 Reg Mtng MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
MARCH 20,2012
7:00 P.M.
1. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:02 p.m.
IL ROLLCALL
Answering rollcall were Members Bennett, Brindle, Sprague,Swenson and Mayor Hovland.
111. MEETING AGENDA APPROVED
Member Swenson made a motion, seconded by Member Sprague, approving the meeting agenda as
amended to reschedule Item VILE,2012-2013 Labor Contracts for I.U.O.E. Local 49 Public Service Worker
Units and Teamster's Local 320 Police Officer Unit,to follow Item X. Manager's Comments.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA ADOPTED
Member Bennett made a motion, seconded by Member Brindle, approving the consent agenda as
revised to remove Item IV.C., Request to Purchase—Themed Surf Feature— Edina Aquatic Center, and
Item IV.L., Environmental Purchasing Policy,as follows:
IV.A. Approve regular and work session meeting minutes of March 6,2012
IV.B. Receive payment of the following claims as shown in detail on the Check Register dated March 8,
2012, and consisting of 31 pages; General Fund $202,180.13; Police Special Revenue $78.00;
General Debt Service Fund $5,833.75; PIR Debt Service Fund $1,202.50; Working Capital Fund
$117,269.65; Equipment Replacement Fund $3,710.70; Construction Fund $1,921.38; Art Center
Fund $3,284.10; Golf Dome Fund $6,529.20; Aquatic Center Fund $746.65; Golf Course Fund
$22,580.11; Ice Arena Fund $24,641.62; Edinborough/Centennial Lakes Fund $13,791.00;
Edinborough Park Fund $11,257.67; Centennial Lakes Park Fund $422.63; Liquor Fund
$166,150.95; Utility Fund $929,419.02; Storm Sewer Fund $24,098.08; PSTF Agency,Fund
$3,372.55; TOTAL $1.538.489.69 and for approval of payment of claims dated March 15, 2012,
and consisting of 23 pages; General Fund $321,259.01; Communications Fund $600.00; Police
Special Revenue $138.00; Working Capital Fund $9,044.69; Equipment Replacement Fund
$7,081.42;; Art Center Fund $979.25; Golf Course Fund $11,388.15; Ice Arena Fund $19,136.73;
Edinborough Park Fund $1,029.64; Centennial Lakes Park Fund $1,806.44; Liquor Fund
$139,850.52; Utility Fund $26,936.00; Storm Sewer Fund $2,461.29; Recycling Fund $39,958.20;
PSTF Agency Fund $6,247.75; TOTAL $587.917.09: and, Credit Card Transactions dated January
28—February 27,2012;TOTAL$10.811.48
IV.D. Adopt Resolution No. 2012-49,setting May 1, 2012, public hearing date for Nuisance Abatement
No. 18165
IV.E. Approve Request for Proposal for Residential Curbside Collection
IV.F. Adopt Resolution No.2012-50,authorizing removal of special assessments
IV.G. Approve registration to National Joint Power Alliance to purchase products
IV.H. Request to Purchase — Two Electric Generators — Public Works, awarding the bid to the
recommended low bidder,Ziegler Power Systems at$109,083.50
IV.I. Request to Purchase—Contract ENG12-2—Vikings Hills Neighborhood Reconstruction, awarding
the bid to the recommended low bidder, Northwest Asphalt,Inc. at$1,023,249.38
IV.J. Request to Purchase—Fiber Optic Network Expansion—Improvement No. FO-006, awarding the
bid to the recommended low bidder,Castrejon,Inc.at$35,104.00
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Minutes/Edina City Council/March 20, 2012
IV.K. Adopt Resolution No. 2012-51 setting public hearing date April 17, 2012, 501h & France Parking
Structure Improvement
IV.M. Request to Purchase — Commercial Meter Survey — Public Works, awarding the bid to the
recommended low bidder, Mid America Meter, Inc.at$26,718.75
IV.N. Adopt Resolution No. 2012-52, setting hearing date of April 17, 2012, modifying Southeast Edina
Redevelopment District and establishing Southdale 2 Tax Increment Financing District,
considering approval of Southdale Limited Partnership Business Subsidy and proposed Spending
Plan for Centennial Lakes TIF Finance District
Rollcall:
Ayes: Bennett, Brindle, Sprague,Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
IV.C. REQUEST TO PURCHASE—THEMED SURF FEATURE—EDINA AQUATIC CENTER—APPROVED
Park Director Keprios explained the pirate themed flow rider amenity was chosen to match the current
theme, noting the diving board was in the shape of a pirate ship. Mayor Hovland made a motion,
seconded by Member Swenson, to approve request to Purchase, Themed Surf Feature, Edina Aquatic
Center, awarding the bid to the recommended low bidder, Global Specialty Contractors, Inc. at
$98,770.00.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
IV.L. ENVIRONMENTAL PURCHASING POLICY—APPROVED
Assistant Manager Kurt described the creation of the Environmental Purchasing Policy, noting the Council
requested edits had been completed. Member Sprague made a motion, seconded by Member Bennett,
to approve Environmental Purchasing Policy.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
None.
Vl. COMMUNITY COMMENT
Shirley Rerat, 4913 Payton Court, requested a bicycle path on Normandale Road from 66th to 70th Streets
to assure safe passage for the 32 neighborhood children to park locations, and a 25 mph speed limit.
VII. REPORTS/RECOMMENDATIONS
VII.A. RESOLUTION NO.2012-47 ADOPTED—OPPOSING THE MARRIAGE AMENDMENT
Jessi Kingston, 5801 Brookview Avenue, Human Rights and Relations Commission Chair, advised that in
2011, the Edina Human Rights and Relations Commission endorsed a resolution of the League of
Minnesota Human Rights Commission that publicly opposed changing the Minnesota Constitution to ban
the legal recognition of same sex relations and unions. She presented the Commission's recommendation
to consider a resolution that opposed the marriage amendment.
The Council thanked the Human Rights and Relations Commission for its work on the City's behalf. Chair
Kingston advised that the cities of St. Paul, Minneapolis, St. Louis Park, and Duluth, as well as several
religious institutions had adopted similar resolutions. At the request of the Council, Chair Kingston read
the resolution in full. Member Swenson introduced and moved adoption of Resolution No.2012-47,
Expressing Opposition to the Proposed Marriage Amendment as follows:
RESOLUTION NO.2012-47
A RESOLUTION EXPRESSING OPPOSITION
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Minutes/Edina City Council/March 20, 2012
TO THE PROPOSED MARRIAGE AMENDMENT
WHEREAS, in 2011 the Minnesota State Legislature voted to include the following question on the
election ballot in November 2012: "Shall the Minnesota Constitution be amended to
provide that only a union of one man and one woman shall be valid or recognized as a
marriage in Minnesota?;"and
WHEREAS, the proposed amendment would add a new Section 13 to the Minnesota Constitution
stating:"Only a union of one man and one woman shall be valid or recognized as a
marriage in Minnesota;"and
WHEREAS, constitutions historically have been designed and interpreted to protect minorities from the
arbitrary imposition of unjust barriers by the majority; and
WHEREAS, the proposed amendment would be contrary to the purpose of our State Constitution to
protect the rights, privileges and freedom of conscience of all citizens by withholding
from some individuals and families important legal rights and obligations;and
WHEREAS, Edina's commitment to equality for all residents and citizens is shown,in part,by its
adoption and implementation of the City of Edina Domestic Partnership Ordinance in
June 2010;and
WHEREAS, a broad coalition of organizations,community and business leaders,faith,labor, progressive
and nonpartisan organizations,communities of color;and current and former elected
officials have all joined to defeat this amendment.
NOW THEREFORE, BE IT RESOLVED,that the Edina City Council joins the broad coalition of individuals
and organizations stated above in opposing the proposed constitutional amendment
entitled, "Recognition of Marriage Solely Between One Man and One Woman,"and urges
Edina and Minnesota citizens to vote"NO"on Tuesday, November 6,2012.
Dated: March 20, 2012
. Member Bennett seconded the motion.
The Council acknowledged the economic as well as ethical dimensions relating to this consideration and
positive message of tolerance it fostered. It was noted Edina was most often one of the forerunner
municipalities when considering human rights and relations issues.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VII.B. REZONING FROM PCD4, TO PUD, 6996 FRANCE AVENUE, FE70, LLC, ORDINANCE NO. 2012-09-
ADOPTED—RESOLUTION NO. 2012-39—ADOPTED
Community Development Director Presentation
Community Development Director Teague indicated the City Council, at its March 6, 2012, meeting,
continued consideration of the request for final rezoning from PCD-4, Planned Commercial District, to
PUD, Planned Unit Development, a zoning ordinance amendment that established the PUD Zoning District;
and Final Development Plan approval, to allow the applicant time to submit revised building
renderings/elevations per Council instruction. He presented revised elevations, date stamped March 14,
2012, depicting additional areas of glass and a smaller sized sign. Mr. Teague reviewed the requirements
detailed within the proposed ordinance, advising it would require construction of the building depicted in
the revised plan.
Proponent Presentation
Dean Dovolis, 5009 Ridge Road, DJR Architects, gave credit to the proposed tenant for its willingness to
work with the Council to address expressed concerns. He displayed a colored rendering of the building
exterior, noting the corner elevation had been revised to the original concept with windows on the second
story and stone color. He displayed the sample board depicting the color palette of the building.
The Council thanked Mr. Dovolis for not letting tenancy drive design and for resubmitting the initial design,
depicting a handsome and award worthy building. With regard to the proposed Vitamin Shop sign, Mr.
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Minutes/Edina City Council/March 20, 2012
Dovolis stated the tenant had already compromised a lot and downsized the sign but he would not want to
ask for further changes to the sign. Member Swenson made a motion to grant First and waive Second
Reading adopting Ordinance No. 2012-09 Amending the Zoning Ordinance to establish a PUD, Planned
Unit Development District at 6996 France Avenue, and adopting Resolution No. 2012-39, approving a
Final Rezoning and Final Development Plan for FE 70 LLC at 6996 France Avenue, based on the following
findings:
1. The proposed land uses are consistent with the Comprehensive Plan.
2. The proposal is consistent with the approved Preliminary Rezoning and Preliminary Development
Plan.
3. The site layout would be an improvement over a site layout required by standard zoning; the
building is brought up to the street, provides front door entries toward the street, includes
sidewalks to encourage a more pedestrian friendly environment along the street.
4. The design of the building is of a high quality stone with large windows. The building is consistent
with the small scale buildings on this block.
S. The development would incorporate improved landscaping and green space, a decrease in
impervious coverage,and an infiltration area.
6. The contaminated soils on the site would be cleaned up.
7. Traffic would be improved in the area with a right-in only access on France Avenue, the elimination
of the curb cut nearest the intersection and narrowing the curb cut farther to the west.
8. The proposed project would meet the following goals and policies of the Comprehensive Plan:
a. Building Placement and Design. Where appropriate, building facades should form a consistent
street wall that helps to define the street and enhance the pedestrian environment. On existing
auto-oriented development sites, encourage placement of liner buildings close to the street to
encourage pedestrian movement.
• Locate prominent buildings to visually define corners and screen parking lots.
• Locate building entries and storefronts to face the primary street, in addition to any entries
oriented towards parking areas.
• Encourage storefront design of mixed-use buildings at ground floor level, with windows and
doors along at least 50%of the front fa;ade.
• Encourage or require placement of surface parking to the rear or side of buildings, rather
than between buildings and the street.
b. Movement Patterns.
• Provide sidewalks along primary streets and connections to adjacent neighborhoods along
secondary streets or walkways.
• Limit driveway access from primary streets while encouraging access from secondary streets.
• Provide pedestrian amenities, such as wide sidewalks, street trees, pedestrian-scale lighting,
and street furnishings(benches,trash receptacles,etc.).
• A Pedestrian-Friendly Environment. Improving the auto-oriented design pattern discussed
above under "Issues" will call for guidelines that change the relationship between parking,
pedestrian movement,and building placement.
c. Appropriate Parking Standards. Mixed use developments often produce an internal capture
rate. This refers to residents and workers who obtain goods and services from within the
development without making additional vehicle trips. Parking ratios for mixed use development
should reflect the internal capture rate and the shared parking opportunities this type of
development offers.
d. Encourage infill/redevelopment opportunities that optimize use of city infrastructure and that
complement area, neighborhood,and/or corridor context and character.
And subject to the following conditions:
1. Subject to staff approval, the site must be developed and maintained in substantial conformance
with the following plans,unless modified by the conditions below:
• Site plan date stamped March 2,2012.
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Minutes/Edina City Council/March 20, 2012
• Grading plan date stamped March 2,2012.
• Landscaping plan date stamped March 2, 2012.
• Lighting plan date stamped February 24,2012.
• Utility plan date stamped March 2, 2012.
• Bicycle storage plan date stamped March 2,2012.
• Building elevations date stamped March 14,2012.
• Building materials board, including colors, presented at the City Council meeting on March 20,
2012.
2. Prior to issuance of a building permit,the following must be submitted:
a. A final landscape plan, subject to staff approval. Additionally, a performance bond, letter-of-
credit, or cash deposit must be submitted for one and one-half times the cost amount for
completing the required landscaping,screening,or erosion control measures.
b. A construction management plan.
3. The property owner is responsible for replacing any required landscaping that dies.
4. 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.
5. Compliance with the conditions required by the Chief Building Official in his memo dated January 10,
2012.
6. Compliance with the conditions required by the City Engineer in his memo dated February 3,2012.
7. Compliance with the conditions required by the Fire Marshal in his memo dated January 28,2012.
S. The contaminated soils must be cleaned up per the requirements of the Minnesota Pollution Control
Agency.
9. Adoption and compliance with the PUD Ordinance for the site.
10. Submit a photometric lighting plan that details illumination levels sufficient to support an active
pedestrian movement along France Avenue and West 70`h Street.
11. Snow will be removed from the site at the point where stored snow consumes one parking space.
12. Submit a revised site plan to indicate the location of the bicycle storage area that complies with City
Code.
13. Submit an internal truck movement circulation plan. That plan would be subject to review by the
City Engineer.
Member Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Sprague,Swenson, Hovland
Motion carried.
VII.C. RESOLUTION NO. 2012-48 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.
Member Bennett introduced and moved adoption of Resolution No. 2012-48 accepting various
donations. Member Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
VII.D. PUBLIC MEETINGS AND RELIGIOUS OBSERVANCES POLICY—APPROVED
Ms. Kurt explained that the Edina League of Women Voters had approached City administration to
consider public meetings and days of religious observances. She described the challenges of drafting the
proposed Public Meeting and Religious Observances Policy, and indicated it reflected input from the
Human Rights and Relations Commission (HRRC) and was offered for approval. Ms. Kurt answered
questions of the Council relating to other nights when meetings were not scheduled, such as caucus night
and National Night Out/Night to Unite. Member Brindle made a motion,seconded by Member Swenson,
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Minutes/Edina City Council/March 20, 2012
approving the Public Meetings and Religious Observances Policy incorporating the days of religious
observances and holidays depicted in the staff report.
The Council acknowledged that Edina was becoming more diverse and as its population changed, citizens
would observe different holidays and practice different faiths. It was noted the Edina League of Women
Voters and HRRC had recommended inclusion of the most common significant days of religious observance
for the major faiths within Edina. The Council discussed the need to assure the scheduling of public
meetings would not create a barrier to public participation while accommodating the need for efficient
government process. This would be accomplished by language exempting the scheduling of emergency
meetings, if required, to assure orderly processes. Ms. Kurt indicated staff would prepare a list at the
beginning of each year identifying the dates and boards/commissions would then make the appropriate
schedule changes. Mr. Neal stated staff would also work with a master calendar for public meetings
scheduled outside the board and commission realm.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
VII.E. 2012-2013 LABOR CONTRACTS FOR I.U.O.E. LOCAL 49 PUBLIC SERVICE WORKER UNITS AND
TEAMSTERS LOCAL 320 POLICE OFFICER UNIT—APPROVED
City Attorney Knutson advised of circumstances under which the Council could meet in closed session
including consideration of strategy for labor negotiations and proposal. Member Sprague made a motion,
seconded by Member Brindle, to recess open session and move to closed session to discuss 2012-2013
labor contracts for I.U.O.E. Local 49 Public Service Worker Units and Teamsters Local 320 Police Officer
Unit.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
Mayor Hovland recessed the open session at 7:45 p.m. and moved to closed session to consider labor
negotiations. The regular meeting was reconvened at 8:07 p.m. Member Bennett made a motion,
seconded by Member Sprague, approving I.U.O.E. Local 49 Public Service Work Units and Teamsters
Local 320 Police Officer Unit.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
IX. CORRESPONDENCE AND PETITIONS — Mayor Hovland acknowledged the Council's receipt of
various correspondence.
X. MAYOR AND COUNCIL COMMENTS—Received
Xl. MANAGER'S COMMENTS—Received
Xll. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
8:19 p.m.
Respectfully submitted, �l
Debra A. Mangen City rk
Minutes approved by Edina City Council,April 3, 2012.
James B. Hovland, Mayor
Video Copy of the March 20, 2012, meeting available.
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