HomeMy WebLinkAbout2012-07-17 Reg Mtng MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JULY 17, 2012
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 Bennett, Brindle,Sprague, Swenson and Mayor Hovland.
111. MEETING AGENDA APPROVED
Member Brindle made a motion,seconded by Member Swenson,approving the meeting agenda.
Ayes: Bennett, Brindle, Sprague,Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA ADOPTED
Member Bennett made a motion, seconded by Member Swenson, approving the consent agenda as
revised to remove Items IV.E. Authorization to Participate in 2013 — 2014 Fuel Consortium; IV.F.
Resolution No. 2012-93, Lot Division (lot line adjustment) to shift the existing lot line that divides the
properties at 5100 Ridge Road and 5101 Green Farms Road for Margaret Scholz; IV.G. Resolution No.
2012-96, authorizing staff to apply for a grant from the Minnesota Department of Employment and
Economic Development to tear down the old Public Works Building at 5146 Eden Avenue; and, IV.J.
Resolution No. 2012-98, adopting Findings and Decision regarding Valley View Road and Sally Lane, as
follows:
IV.A. Approve regular,closed session,and work session meeting minutes of June 19,2012
IV.B. Receive payment of the following claims as shown in detail on the Check Register dated June 21,
2012, and consisting of 35 pages; General Fund $388,014.22; Police Special Revenue$104.93; PIR
Debt Service Fund $825.41; Working Capital Fund $485,872.18; Equipment Replacement Fund
$6,663.56; Art Center Fund $4,644.28; Golf Dome Fund $598.79;Aquatic Center Fund $55,585.00;
Golf Course Fund $32,932.72; Ice Arena Fund $8,994.77; Edinborough Park Fund $24,403.26;
Centennial Lakes Park Fund $4,926.22; Liquor Fund $182,352.57; Utility Fund $897,826.86; Storm
Sewer Fund $537,036.19; PSTF Agency Fund $5,575.36; Payroll Fund $5,344.55; TOTAL
2,641,700.87 and for approval of payment of claims dated June 28, 2012, and consisting of 31
pages; General Fund $300,871.35; Police Special Revenue $1,046.97; General Debt Service Fund
$1,000.00; PIR Debt Service Fund $3,585.00; Working Capital Fund $89,872.91; Art Center Fund
$15,857.62; Golf Dome Fund $49.28; Aquatic Center Fund $28,808.74; Golf Course Fund
$19,760.14; Ice Arena Fund $8,901.43; Edinborough Park Fund $12,025.22; Centennial Lakes Park
Fund$8,255.75; Liquor Fund $204,123.46; Utility Fund $98,972.15; Storm Sewer Fund $32,529.18;
Recycling Fund $32.95; PSTF Agency Fund $24,201.95; TOTAL $849,894.10; and for approval of
payment of claims dated July 5, 2012, and consisting of 27 pages; General Fund $255,429.82;
Police Special Revenue $561.00; Working Capital Fund $13,597.99; Equipment Replacement Fund
$9,195.53;Art Center Fund $4,023.23; Golf Dome Fund $365.01; Aquatic Center Fund $13,123.89;
Golf Course Fund $61,353.19; Ice Arena Fund $12,139.48; Edinborough Park Fund $3,323.83;
Centennial Lakes Park Fund $4,562.31; Liquor Fund $174,765.42; Utility Fund $14,450.39; Storm
Sewer Fund $927.71; PSTF Agency Fund $3,149.99; TOTAL $570.968.79: and for approval of
payment of claims dated July 12, 2012, and consisting of 33 pages; General Fund $123,894.08;
Police Special Revenue $410.17; Working Capital Fund $102,623.08; Equipment Replacement
Fund $15,610.30; Construction Fund $2,850.74; Art Center Fund $7,644.96; Golf Dome Fund
$28,800.00; Aquatic Center Fund $49,651.73; Golf Course Fund $19,543.97; Ice Arena Fund
$24,867.73; Edinborough Park Fund $646.03; Centennial Lakes Park Fund $9,504.86; Liquor Fund
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Minutes/Edina City Council/July 17, 2012
$245,860.06; Utility Fund $486,961.77; Storm Sewer Fund$18,578.39; Recycling Fund $39,958.20;
PSTF Agency Fund $2,526.31; Payroll Fund $3,453.84; TOTAL $1,183,386.22; and, Credit Card
Transactions dated April 28-May 25,2012;TOTAL$10,970.21.
IV.C. Adopt Resolution No. 2012-86, Findings of Fact denying a request for Vacation of Right-of-Way,
Natchez Avenue &41s'Street
IV.D. Adopt Resolution No. 2012-92, authorizing Public Health Emergency Preparedness Grant Project
Agreement
W r /lutheriaatian to PartiGipate in 2013-2014 F-al Canrnrti,.�.
RP-60-11-480M NO. 2-0-12-93, Wt DiViSiOR (lot line adjustment)tG shift the existiAg IGt lima that dillid
the PF-peF ti.e_.2t 61-0-0- Ridge Dead _. d- 5_10-1 Pr...... Fa . s Read Ma;b Q et�C h v.is
W G Racahqffian No 2012 96, autheFizing staff to apply f9F a grant from the MRnes0ta DepaFtMeAt Gf
C.d,+••cacrrAR-op n--e
IV.H. Accept Traffic Safety Committee Report of June 6,2012
IV.I. Approve engineering services for Gallagher Drive Street Improvements
gv.j. Resolution h1e. 2-012 99, adopting Findings and- FegaFd*ng Valley View Road and Stagy
La"
IV.K. Adopt Resolution No. 2012-99, designating no parking on Gallagher Drive from Parklawn Avenue
to France Avenue
Rollcall:
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
IV.E. PARTICIPATION IN 2013-2014 FUEL CONSORTIUM-AUTHORIZED
Public Works Director Olson indicated the primary reason for lower gas consumption was due to last
season's mild winter. Member Sprague made a motion, seconded by Member Swenson, authorizing
participation in the 2013-2014 Fuel Consortium.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
IV.F. RESOLUTION NO. 2012-93 ADOPTED - LOT DIVISION (LOT LINE ADJUSTMENT) TO SHIFT THE
EXISTING LOT LINE THAT DIVIDES THE PROPERTIES AT 5100 RIDGE ROAD AND 5101 GREEN FARMS
ROAD FOR MARGARET SCHOLZ
The Council discussed the requested lot line adjustment and acknowledged that as a result, the lot on
Green Farms Road would be proportionately larger, allowing the option for a larger home to be constructed
that might not be within the character of the neighborhood. It was noted the front and sideyard setback
requirements would remain so any addition into the rear property would not be visible from the front. In
addition, the lot was currently nonconforming, the lot line adjustment would bring it into conformity, and
the City would need to find a violation of the ordinance or Comprehensive Plan standard to consider denial.
Member Swenson introduced and moved adoption of Resolution No. 2012-93, Lot Division (lot line
adjustment) to shift the existing lot line that divides the properties at 5100 Ridge Road and 5101 Green
Farms Road for Margaret Scholz. Member Brindle seconded the motion.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
IV.G. RESOLUTION NO. 2012-96 ADOPTED -AUTHORIZING STAFF TO APPLY FOR A GRANT FROM THE
MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT TO TEAR DOWN
THE OLD PUBLIC WORKS BUILDING AT 5146 EDEN AVENUE
Manager Neal and Engineer Houle answered questions of the Council relating to the grant application and
costs to demolish the old Public Works building. Mr. Houle indicated that once the building was
demolished, the site would be restored to prevent erosion and might be used for temporary parking during
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Minutes/Edina City Council/July 17, 2012
the 50th and France road project. Mr. Neal explained the future use for this site had not yet been
determined but would be part of a greater redevelopment plan ultimately presented to the City Council.
Member Brindle introduced and moved adoption of Resolution No. 2012-96, authorizing staff to apply for
a grant from the Minnesota Department of Employment and Economic Development to tear down the
old Public Works Building at 5146 Eden Avenue. Member Bennett seconded the motion.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV.l. RESOLUTION NO. 2012-98— TABLED—FINDINGS AND DECISION REGARDING VALLEY VIEW ROAD
AND SALLY LANE
The Council discussed the WSB recommendation to remove the six spruce trees and 21 arborvitae trees
closest to the intersection and the determination made at the Council's December 20, 2011, meeting to
support delimbing (not removing) the trees closest to the intersection. Concern was expressed that
following the WSB recommendation would greatly impact the private property owner by completely
exposing this corner. The Council stated its support to protect the public with a level of safety to provide
clear view and also protect the private property owner to the extent possible. Member Sprague made a
motion, seconded by Member Brindle, tabling consideration of Resolution No. 2012-98, findings and
decision regarding Valley View Road and Sally Lane, for two weeks and directing the City Attorney to
amend Section 3 to reflect intent as determined on December 20, 2011.
Mr. Houle advised there were six spruce trees on the east side and the lilac bushes on the west side were
also an issue. Member Sprague made a substitute motion, seconded by Member Brindle, tabling
consideration of Resolution No. 2012-98, findings and decision regarding Valley View Road and Sally
Lane, for two weeks and directing the City Attorney to amend Section 3 to reflect intent as determined
on December 20, 2011, to delimb, up to a height of eight feet, the six spruce trees adjacent to the
intersection on the east side at 7025 Sally Lane and removal of the three lilac bushes on the west side of
the intersection at 7028 Sally Lane.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
None.
VI. PUBLIC HEARINGS HELD-Affidavits of Notice presented and ordered placed on file.
VI.A. NEW ON-SALE& SUNDAY SALE LIQUOR LICENSES P.F. CHANG'S CHINA BISTRO, 2700 SOUTHDALE
CENTER—APPROVED
City Clerk Mangen presented the request of P.F. Chang's China Bistro, Inc. dba P.F. Chang's China Bistro, for
a new On-Sale Intoxicating Liquor License and Sunday On-Sale Liquor License for the period beginning July
18, 2012, and ending March 31, 2013, Ms. Mangen indicated staff found the request complied with code
requirements and satisfactory background investigation, and recommended approval.
Mayor Hovland opened the public hearing at 7:27 p.m.
Public Testimony
Katherine Becker, legal counsel for P.F. Chang's, offered to answer questions.
Member Brindle made a motion,seconded by Member Swenson,to close the public hearing.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
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Minutes/Edina City Council/July 17, 2012
Member Swenson made a motion, seconded by Member Sprague, to approve a new On-Sale and Sunday
Sale Liquor Licenses for P.F. Chang's China Bistro, Inc. dba P.F. Chang's China Bistro, 2700 Southdale
Center,for the period beginning July 18,2012, and ending March 31, 2013.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
VI.B. COMPREHENSIVE PLAN AMENDMENT REGARDING BUILDING HEIGHT, PRELIMINARY REZONING
FROM POD-1 TO PUD AND PRELIMINARY DEVELOPMENT PLAN FOR 4005 WEST 65TH STREET AND
6500 FRANCE AVENUE FOR MOUNT PROPERTIES—DENIED
Assistant Planner Presentation
Assistant Planner Aaker presented the request of Mount Properties to tear down the existing office
buildings at 4005 West 65th Street and 6500 France Avenue to build a new six-story, 81-foot tall, 102,406
square foot medical office/retail building with a podium height of two stories and detached five-level
parking ramp. It was noted the project was proposed to be developed in two phases with the first phase
construction of a four-story, 69,456 square foot medical office with a three-level detached parking ramp
and the second phase construction of two levels to each structure. The site was located in a "Potential
Area of Change" within the Comprehensive Plan. Ms. Aaker described the approval process and indicated
the Council was being asked to determine if a Small Area Plan was needed prior to rezoning. She concluded
presentation of the application and enumerated the considerations before the Council. Ms. Aaker advised
the Planning Commission unanimously recommended that a Small Area Plan was not needed in this case
since the proposed use was consistent with the Comprehensive Plan and recommended approval subject to
conditions as detailed in the staff report.
Proponent Presentation
Luigi Bernardi, Aurora Investments, stated they were excited about this project and hoped it would be
approved by the Council.
Stephen Michals, Mount Development Company, commented on the review process and stated agreement
with the staff report and recommendation. He noted this was a gateway location to the Southdale area,
valuable land, and deserved a high profile building. Mr. Michals stated the adjacent land was purchased to
provide better circulation,created relatively small floor plates on the sixth level building, and noted the five
adjacent buildings were equal or greater in height as certified by Alliant Technologies.
Edward Farr, Farr Architects, presented features of the site and landscaping plans as well as exterior
building and parking structure elements. He advised that depending on the tenant mix,the fifth level of the
parking structure might not be constructed. Mr. Farr indicated that phase one would be 54 feet in height to
the cornice line. The phase two build out would have six stories and be about 1.5 floors above the tree line.
Mr. Farr displayed and described the exterior building materials board.
With regard to the height of Cornelia Place, Mr. Michals explained the view depicted in packet materials
dated July 6 were taken from the curb line on Valley.The Council discussed the proposed project and asked
questions of the proponents. Support was stated for the building design, drop off area, generous sidewalk
width, corner pavilion area, proposed lighting, and upscale landscaping. Suggestions were made to assure
the parking lot discouraged cut-through traffic, provide a public access off France Avenue leading to the
internal corridor system, enhanced stormwater retention strategies since it was an impaired water body,
and the option of a green roof. It was agreed that if approved, Metro Transit should be informed of the
need for a stop at this location.
Mayor Hovland opened the public hearing at 7:46 p.m.
Public Testimony
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Marilyn Kemme, 6566 France Avenue S., #1206, Point of France Association Board President, addressed the
Council.
John Windhorst, 6566 France Avenue S, #204, Point of France Association Board Member and Legal Chair,
addressed the Council
Stacy Gallup, speaking on behalf of the 6500 France building owners, addressed the Council.
Peter Pustorino,4005 West 56`h Street building owner, addressed the Council.
Member Swenson made a motion,seconded by Member Brindle,to close the public hearing.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Members Sprague, Swenson, and Bennett concurred that they would support a maximum building height
of four stories, or 62 feet. However, they were unwilling to consider a Comp Plan amendment to allow for
the proposed building height of six stories, or 81 feet in this caseSupport was also expressed to allow all
parking levels to be constructed above grade to lower redevelopment costs.
Member Brindle and Mayor Hovland advocated for the project as unanimously recommended for approval
by the Planning Commission. That recommendation found a Small Area Plan was not needed and
supported a Comprehensive Plan height amendment. It was noted adjacent buildings were taller than four
stories, the proposed use was consistent with PUD to allow more creativity and flexibility in site plan
design, and density was needed to accommodate high land costs.
Mr. Michals explained that additional tenants would be required to trigger Phase 2 and due to the high land
cost, the project was not feasible unless approved for six stories. Mr. Michals stated the project needed
102,000 feet floor to area ratio at 1.0 or else the high land costs could not be absorbed into the project. He
noted the proponent had been forthright on that perspective from the beginning.
Motion by Member Sprague,seconded by Member Swenson, directing staff to prepare a resolution,with
the City Attorney's assistance, with findings for denial of the Comprehensive Plan amendment requested
by Mount Properties.
Ayes: Bennett, Sprague,Swenson
Nays: Brindle, Hovland
Motion carried.
Motion by Member Sprague, seconded by Member Swenson,directing staff to prepare a resolution,with
the City Attorney's assistance, with findings for denial of the Preliminary Rezoning and Preliminary
Development Plan requested by Mount Properties.
Ayes: Bennett, Sprague,Swenson
Nays: Brindle, Hovland
Motion carried.
VI.C. AGREEMENT OF UNDERSTANDING WITH DRIVE FOR THE HIVE, LLC—APPROVED
Director of Parks Presentation
Director of Parks and Recreation OKeprios presented the Hornets Nest Agreement creating a public-private
partnership for an estimated $3 million project. The Drive would donate $750,000 cash plus 25% of
additional costs above $3 million. The City would contribute$2,250,000 plus 75%of additional costs above
$3 million. The project would be a 26,450 sq. ft. addition to the north side of West Arena, lower level
locker rooms, with a training facility and retail on the upper level. He displayed concept drawings and
reviewed the terms of the agreement, noting it would be conditioned on the following: the City receiving
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Minutes/Edina City Council/July 17, 2012
the full amount of the donation promised from the Drive; finalization of a facilities use agreement with the
School District and a $20 per participant per year surcharge from the Edina Hockey Association and the
Braemar City of Lakes Figure Skating Club (BCLFSC) for the life of the bonds; securing two commercial
tenants, with lease agreements to be negotiated by the City Manager and approved by the City Council; the
City securing permits, licenses, survey, soil tests and other entitlements; the City reserving all naming rights;
the City controlling all vending machine rights; the City controlling all branding decisions with the Drive
selling some interior space naming rights; the City controlling interior and exterior signage; and, any non-
expended funds donated by the Drive would be returned to the Drive. Mr. Keprios stated the City would
reserve its right to cancel the project for any reason.
Mayor Hovland opened the public hearing at 9:25 p.m.
Public Testimony
Brian Hedberg, representing the BCLFSC, addressed the Council.
Dana Anderson, 6712 West Trail, addressed the Council.
Erik Anderson, 6501 Indian Hills Road, representing Drive for the Hive, indicated this nonprofit organization
had not set an active role beyond construction, but were open to helping in any way needed. He advised
that $800,000 in contributions had been pledged with $500,000 in the bank, an additional $150,000 would
be wired tomorrow, and remaining pledges would be contributed following Council approval.
Member Swenson made a motion,seconded by Member Sprague,to close the public hearing.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
i. AGREEMENT WITH DRIVE FOR THE HIVE, LLC-APPROVED
ii. FACILITIES USE AGREEMENT FOR BRAEMAR ARENA WITH EDINA SCHOOL DISTRICT —
APPROVED
iii. CONSTRUCTION CONTRACT WITH RJM FOR HORNETS NEST PROJECT—AWARDED
iv. TWO COMMERCIAL TENANT LEASES FOR HORNETS NEST—APPROVED
V. ARCHITECTURAL SERVICES AGREEMENT WITH SR ARCHITECTS—APPROVED
Vi. CONSTRUCTION AGREEMENT WITH ERIK ANDERSON—AUTHORIZED
Mr. Keprios presented the terms for each of the requested approvals and eight recommended conditions of
approval. The Council asked questions of Manager Neal, Director Keprios, and Mr. Anderson relating to the
proposed agreements and commercial tenant leases with General Sports and Velocity Hockey. With regard
to the option of a personal guarantee, Mr. Neal stated the debt was being secured via monetization of the
leases and it would be difficult to propose such a guarantee at this point.
Mr. Keprios advised that eight competitive bids were received for the construction project and the low bid
of RJM Construction at $3,647,000 was 14% higher than the estimate. He reviewed the value engineering
items equaling approximately $459,500 identified by the project architect and engineers to reduce project
construction costs. Mr. Keprios presented a financial summary of the project showing a total project cost
of$3,650,300, Drive for the Hive contribution of$795,707, leaving$2,854,593 to be bonded. It was noted
the estimated annual revenue of $181,475 would cover bond payments and provide a positive cash flow.
Mr. Keprios indicated the additional projects (ADA pathway, railing, lobby expansion) were not part of the
Hornets Nest project and needed to be bid; however, staff recommended those projects be included in this
bonding. Staff recommended approval of the agreements and to authorize the sale of bonds for the
Hornets Nest project and Braemar Arena project for$2,854,593 plus cost of bonds.
Mr. Neal indicated it was proposed for the City to pay 75%of costs over$3 million and the Drive to pay 25%
because the City was paying 75% of the project cost; it mirrored the same ratio. The Council reviewed the
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Minutes/Edina City Council/July 17, 2012
construction bid and value engineering that could be realized by making several changes including the type
of HVAC unit to a rooftop system. Erik Anderson stated he was comfortable with the value engineering
items and advised that all contractors that bid were reputable and experienced. Mr. Neal reviewed his
experience with RJM and indicated he would give them a high recommendation.
The Council concurred there would have been benefit with a personal guarantee to lower the City's risk;
however, agreed it should have been negotiated at the start of the process. Erik Anderson noted the Edina
Hockey Association had committed to rent the training facility, which was 77%of the second floor, but was
unable to enter into a long-term contract due to the nature of its organization. He stated the Drive was
deliberate in its selection of the training facility operators to assure a long and successful operating history.
The Council asked questions of Braemar Arena General Manager Susie Miller relating to the BCLFSC lease
and suggested it be worded to identify the spaces intended. Mr. Keprios displayed a slide that identified
revenue sources and advised that General Manager Miller had indicated the Arena would be able to sell an
estimated $30,000 in additional ice time. That figure had not been included in projections. Mr. Neal stated
staff met with financial advisors and put together a debt service schedule in sync with the lease agreements
and mirrored in the debt service agreement. He explained that should there be a shortfall, the City had the
benefit of Edina law that allowed pooling revenues of recreation enterprises so it need not be a direct
charge on the taxpayers. Member Brindle made a motion, seconded by Member Swenson, approving the
following: agreement with Drive for The Hive, LLC;facilities use agreement for Braemar Arena with Edina
School District;award of bid to RJM Construction at$3,647,000;two commercial tenant leases; authorize
City Manager to negotiate architect/engineering contract with SR Architects; authorize owners
representative agreement with Erik Anderson as construction advisor; and, authorize the sale of bonds
for the Hornets Nest project and Braemar Arena project(including ADA pathway, railing, lobby expansion
projects) for$2,854,593 plus cost of bonds, contingent upon receipt of$795,707 from Drive for the Hive
before agreements were signed and bid awarded.
In response to Council's questions, Mr. Keprios indicated the proposed placement of the Hornets Nest
would not interfere with the location of a sports dome based on staff's recommendation. The Council
agreed that a level of comfort would have been gained by negotiating a personal guarantee of long-term
leases to secure the debt; however, the $750,000 in contributions would defray costs for this $3 million
project and cushion the risk. In addition, both commercial lease tenants were known quantities. Member
Bennett asked Erik Anderson to provide to the Council a copy of the National Parks Association policy he
had cited on operation of private businesses in national parks
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VII. COMMUNITY COMMENT
Katherine Bergren, 3501 Normandy Hills Circle, Greensborough, North Carolina, addressed the Council and
requested City assistance related to a sewer back up at her mother's home at 5844 Brookview Avenue.
V111. REPORTS/RECOMMENDATIONS
VIII.A. ORDINANCE NO.2012-13 REPEALING CABLE TELEVISION REGULATOR ORDINANCE—ADOPTED
Brian Grogan, Moss & Barnett, representing the Southwest Cable Commission, reviewed the history of the
cable franchise process, findings of the consultant's report, and key provisions of the 10-year franchise
document. Mr. Grogan stated it was the recommendation of the Southwest Cable Commission to approve
the new cable franchise, granting a 10-year nonexclusive franchise to Comcast, and repeal the existing
regulator ordinance since those provisions were now incorporated into the new cable franchise.
The Council expressed its concern with the impact of Comcast closing its Eden Prairie studio and loss of the
public's ability to create programming in a non-government owned facility. Mr. Grogan explained the law
had changed since the last franchise agreement and the City could no longer require Comcast to staff a
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Minutes/Edina City Council/July 17, 2012
studio. Under the terms of the proposed agreement, a Comcast studio would not be provided. However,
the five member cities (Edina, Hopkins, Richfield, Minnetonka and Eden Prairie) would receive a pool of
capital, two and one half times the amount previously collected, and each could make a determination
whether or not to use those funds to construct/provide a studio. Mr. Grogan advised that in 2009, about
1,000 programs were put on the public access channel and of those, about 800 were produced outside the
Comcast studio. Out of 205,000 residents and 57,500 cable subscribers in the five member cities, there
were only 13 users. He noted that programming could still be submitted for playback. It was noted that
lower use might be a result of the antiquated studio facility/equipment and it was not possible to
determine how many viewed the programming provided by those 13 users.
With regard to control of content, Mr. Grogan noted Comcast was not a non-profit entity and also had an
interest in not broadcasting controversial content. Communications Director Bennerotte stated Edina had
operated a successful government channel without a studio and she had never received a call of complaint
from the public about the Comcast studio's equipment. She noted there might be an option to partner
with Edina Public Schools for use of the high school's Bloom Studio; however, it was not conducive for
public access during normal business hours.
The Council noted there might also be opportunity to partner with the Minneapolis Media Institute.
Questions were asked of Mr. Grogan relating to contract provisions for enforcement to assure customer
service and desire to assure customers received technology upgrades from Comcast. Mr. Neal, one of
Edina's two members on the SWCC, stated his support for the recommendation of the Southwest Cable
Commission.
Mr. Grogan recommended the Council act on the cable television franchise prior to considering repeal of
the cable television regulator ordinance.
VIII.B. ORDINANCE NO.2012—14 GRANTING A CABLE TELEVISION FRANCHISE TO COMCAST—ADOPTED
Member Swenson made a motion to grant First and waive Second Reading adopting Ordinance No. 2012-
14 granting a franchise to Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi /
Tennessee, Inc. (Grantee" or"Comcast")to construct,operate, and maintain a cable system in the City of
Edina; Minnesota, setting forth conditions accompanying the grant of the franchise; providing for
regulation and use of the system and the public rights-of-way; and prescribing penalties for the violation
of the provisions herein. Member Sprague seconded the motion.
Member Bennett stated she would support the motion with the intention the City would follow up on
options for a public access studio and would advocate for resident customers by employing enforcement
options in the franchise agreement to prevent or address poor customer service
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
Member Sprague made a motion to grant First and waive Second Reading adopting Ordinance No. 2012-
13 renewing the grant of a franchise to Comcast of Arkansas / Florida / Louisiana / Minnesota /
Mississippi /Tennessee, Inc. (Grantee" or"Comcast")to operate and maintain a cable system in the City
of Edina; setting forth conditions accompanying the grant of the franchise; providing for City regulation
and administration of the cable system; and terminating Ordinance No. 1996-5. Member Swenson
seconded the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.C. EDINBOROUGH PARK STUDY RECOMMENDATIONS—APPROVED
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Minutes/Edina City Council/July 17, 2012
Mr. Neal introduced the item and indicated a consultant report of Edinborough Park had been conducted
and a proposal with direction created for the Council's consideration.
Assistant Park and Recreation Director Ann Kattreh presented the history of the Edinborough Park Study
and findings prepared by ATS&R and Ballard King. She described components of Option A, Option B
recommended by the consultant, and Option C. Ms. Kattreh indicated that legal staff reviewed the
Edinborough Association contracts and advised the City had the ability to make changes to the facility
without losing association fees; however, there was a 30-year limit on the public-private contract relating
to fees. The 30-year contract would not renew upon expiration and the City would then lose those
association fees. Ms. Kattreh explained legal staff drafted a contract addendum that would renew
townhomes for an additional seven years. Staff met with association representatives and received a
favorable response from all four.
Assistant Finance Director Roggeman explained that it was difficult to determine financial projections
because assumptions had to be made but was still a useful exercise to show trajectory and provide a
comparison with each option using the same assumptions with each. Mr. Roggeman presented the
baseline scenario and financial projections for Options A, B, and C.
The Council discussed the financial projections and asked questions of staff. With regard to rentals for
weddings or other receptions, Ms. Kattreh indicated those functions were dropped because it required the
great hall to be closed from noon on Friday until noon on Sunday; however, that revenue was made up
from the six birthday party sites.
Ms. Kattreh advised of her research on lighting options that were more efficient and still provided lighting
levels necessary to sustain plant life. She then displayed slides of the grotto area and architectural
diagrams of how it would appear if filled. Ms. Kattreh completed presentation of options for covering the
operating losses through the Liquor Fund, CIP through the Construction Fund, or to raise taxes. She agreed
there were no easy choices and it could impact funding for other enterprise facilities.
Senior Recreational Facility Manager Susan Faus presented marketing plan goals for the pool and playpark
and described how awareness could be increased through marketing and promotion.
The Council discussed the potential partnership with the Edina Swim Club (ESC) that would result in
revenues of$53,000 for a 43-week season. Member Bennett asked that if the ESC were granted exclusive
use of the pool from 3:30 to 8:30 p.m. Monday through Friday, consideration be given to keeping the pool
open later than 9 p.m. to lessen the reduction of public access. Ms. Kattreh indicated there had been some
past issues relating to scheduling that were resolved following a meeting between the two groups.
Brad Gray, 6005 Girard Avenue South, representing the ESC, indicated the ESC was pleased to be the official
swim club of Edina. He reviewed the terms of their proposal to use the Edinborough pool as the primary
practice pool with the exception of elite swimmers that use the University of Minnesota pool. He noted
that since ESC had an extensive coaching program, it might be able to offer programs through the City's
park program that were not currently available. In addition, its 300+ member club was focused on being
good community members. Mr. Gray stated the ESC had the financial ability to offer a long-term
commitment with a guaranteed amount and hoped it was approved so the ESC could grow its program with
Edina residents.
The Council and Ms. Kattreh reviewed the history of Centennial Lakes properties not paying for use of
Edinborough Park facilities. Following discussion, the Council agreed with the need to review all association
arrangements in terms of current costs and negotiate agreement with the Centennial Lakes
residents/properties to provide financial input to use the facilities. It was clarified that Centennial Lakes
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Minutes/Edina City Council/July 17. 2012
residents do pay an association fee that was directed towards Centennial Lakes Park instead of
Edinborough Park.
The Council concurred with the need to eliminate cost centers to stabilize financial losses and support was
expressed to consider Edinborough Park projects that would not require large capital investment such as
renovating the lighting, removal of overgrown trees, filling the grotto, and keeping the pool and fitness
facility so the City could enter into a contract with the ESC. Ms. Kattreh agreed the largest cost was
renovation of the locker rooms and that was scheduled for 2014. The pool resurfacing project was moved
out a year or two in the CIP and would not preclude entering a contract with the ESC. She presented cost
estimates for the proposed projects. It was acknowledged that the City currently had less money to fund
this facility and it was a reality there might be a need to consider the Liquor Fund, Construction Fund, or to
increase taxes. The Council and Ms. Kattreh reviewed the history of association fees paid by Centennial
Lakes residents. It was clarified that those fees are directed toward Centennial Lakes Park, but entitled
residents to use Edinborough Park because Centennial Lakes Park had not been built when the fee
agreements were made. The Council agreed there is need to review all association agreements,
considering current costs, user fees, and amount of free public access.
Member Swenson made a motion, seconded by Member Bennett, accepting the Edinborough Park Study
recommendations as revised to keep the pool and fitness facility;remove approximately 38 large trees in
the Park; renovate the lighting system to significantly improve energy efficiency and reduce energy costs;
reduce staffing levels needed for horticultural maintenance; fill in the lower level of the grotto; increase
the pool/track and playpark daily admission rate by $1.07/person and increase the ten admissions pass
by$10.73; increase the weekend Adventure Package birthday party rate from$139.46 to$151.19 and the
weekday Peak Package birthday rate from $85.82 to$96.55; and, directing staff to negotiate association
fees.
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
XI. MANAGER'S COMMENTS—Received
X11. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
1:20 am.
Respectfully submitted,
De a angen,City Clerk
Minutes approved by Edina City Council,August 6, 2012.
James B. Hovland, Mayor
Video Copy of the July 17, 2012,meeting available.
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