Loading...
HomeMy WebLinkAbout2019-10-15 City Council Regular MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 15, 2019 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE III. ROLLCALL Answering rollcall were Members Anderson, Brindle, Fischer, Staunton, Hovland. Absent: None. IV. MEETING AGENDA APPROVED AS PRESENTED Member Brindle made a motion, seconded by Member Fischer, to approve the meeting agenda as presented. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT Ralph Zickert, 4311 Cornelia Circle, addressed the Council. Don Williams, Minnesota, addressed the Council. Char Blanch, Richfield, addressed the Council. Sumaya Aden, California, addressed the Council. Badrudin Aden, Minnesota, addressed the Council. Aida Henry, Minneapolis, addressed the Council. Roberta Castellano, 4854 France Avenue South, addressed the Council. V.A. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to past Community Comments. VI. CONSENT AGENDA ADOPTED AS REVISED Member Brindle made a motion, seconded by Member Fischer, approving the consent agenda as revised to remove Item VI.0, Approve Street Realignment and Sidewalk at Creek Valley Road and Valley View Road, as follows: VI.A. Approve minutes of the October I, 2019, Work Session and Regular Meeting VI.B. Approve payment claims for Check Register Claims Pre-List dated October 3-10, 2019 Total $2,487,040.18, Electronic Payment Register dated October 3-10, 2019 Total $335,754.31, and Credit Card Transactions dated July 26-August 26, 2019, Total $50,675.25 VI.C. Approve Small Wireless Facility Collocation Agreement with Verizon VI.D. Approve Request for Purchase, awarding the bid to the recommended low bidder, Emergency Repair of Well No. 10, E.H. Renner, $74,605.00 Page 1 Minutes/Edina City Council/October 15. 2019 VI.F. Approve Request for Purchase, awarding the bid to the recommended low bidder, Custodial Cleaning Services for Public Works, City Wide Maintenance of Minnesota for $39,480 VI.G. Approve Modification to Trash Room Easement VI.H. Adopt Resolution No. 2019-88; Authorizing Master Grant Contract Between Edina Community Health Board and Minnesota Department of Health VII. Approve Request for Purchase, awarding the bid to the recommended low bidder, Tyler Technologies' Munis Enterprise Resource Planning Software System, Tyler Technologies, Inc. $943,547 VI.J. Approve Request for Purchase, awarding the bid to the recommended low bidder, Project Management Services for Enterprise Resource Planning System Implementation, BerryDunn $203,776.00 VI.K. Waive Building Permit Fees for Fred Richards Park Phase I Picnic Shelter VI.L. Approve Request for Purchase, awarding the bid to the recommended low bidder, Storage Network Area Replacement, LOGIS/Insight (contract pricing) $251,379.10 VI.M. Approve Request for Purchase, awarding the bid to the recommended low bidder, Lake Cornelia Buffer Improvements and Approve Cost Share Agreement with Nine Mile Creek Watershed District, Applied Ecological Services $49,874.67 VI.N. Approve Request for Purchase, awarding the bid to the recommended low bidder, Braemar Boulevard Shoulder Improvements, Pember Companies, Inc. for $61,389.40 VI.P. Adopt Resolution No. 2019-89; Setting Public Hearing Date for Amundson Avenue Tax Increment Financing District VI.Q. Adopt Resolution No. 2019-94; Authorizing Applications for Tax Base Revitalization and Environmental Response Fund for 7075-7079 Amundson Avenue VI.R. Adopt Resolution No. 2019-95; Accepting Donations Rollcall: Anderson, Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.O. STREET REALIGNMENT AND SIDEWALK AT CREEK VALLEY ROAD AND VALLEY VIEW ROAD — APPROVED The Council asked if staff was able to meet with property owners of 5708 Creek Valley Road to address their concerns as they were the most impacted by the project. City Engineer Millner said staff would meet with the property owners to address adjustments to the curb through either a turnaround or landscaping to benefit their property. Member Fischer made a motion, seconded by Member Staunton, to approve Street Realignment and Sidewalk at Creek Valley Road and Valley View Road. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. ANNUAL EDINA CHAMBER OF COMMERCE 2020 BUDGET — PRESENTED AND APPROVED Lori Syverson, President Explore Edina, and Shelly Loberg, Director Explore Edina, presented the annual Edina Chamber of Commerce 2020 budget. They shared guidelines for Explore Edina that set aside 1/12th of the previous year's operating budget to support local events. They explained specific use of funds would be in compliance with State Statute that required marketing the City and its tourism activities then reviewed the process on use of funds and descriptions of local events. Details of the proposed 2020 budget increase were described along with the addition of Hilton Homewood Suites that resulted in a projected $5,000 increase. Ms. Syverson and Ms. Loberg compared Explore Edina to peers with regard to personnel costs, which was lower as they shared staff. They spoke about the goal occupancy or office rent of 4.3% of budget with theirs at 5.1% then reviewed then spoke about shared hotels and revenue with three lodging properties in Edina and outlined revenue projections. Ms. Syverson and Ms. Loberg noted it Page 2 Minutes/Edina City Council/October 15. 2019 would be interesting to see how long-term apartments decreased lodging revenue as they were not subject to local City tax. Member Anderson made a motion, seconded by Member Fischer, to approve the Edina Chamber of Commerce 2020 budget as presented. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII. B. EXTRA MILE DAY 2019 — PROCLAIMED Mayor Hovland read the Proclamation into the record and stated each year the Extra Mile America Foundation asked cities to highlight this day to remind individuals and organizations that one person can make a difference in creating positive changes in America. Edina began participating in Extra Mile Day in 2015. Member Brindle made a motion, seconded by Member Fischer, to approve the Proclamation proclaiming Extra Mile Day 2019. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VIII.A. PRELIMINARY AND FINAL PLAT FOR SOUTHDALE OFFICE CENTER, 6600 FRANCE AVENUE — PUBLIC HEARING CONTINUED TO NOVEMBER 19, 2019 Member Brindle made a motion, seconded by Member Fischer, to continue the public hearing on Preliminary and Final Plat for Southdale Office Center, 6600 France Avenue, to November 19, 2019. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.B. PRELIMINARY AND FINAL PLAT; PLATTING AN EXISTING OUTLOT AND DEVELOPMENT CONTRACT AT OAK LANE — PUBLIC HEARING CONTINUED TO DECEMBER 3, 2019 Member Anderson made a motion, seconded by Member Brindle, to continue the public hearing on Preliminary and Final Plat; platting an existing outlot and development contract at Oak Lane to December 3, 2019. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.C. PUBLIC HEARING HELD — RESOLUTION NO. 2019-84, CERTIFICATION OF DELINQUENT UTILITIES IMPROVEMENT NO. DU-19 — ADOPTED Finance Director Uram stated Minnesota Statute 444.075 allowed cities to charge and certify unpaid charges with taxes against a property served for collection for water, sanitary sewer, storm sewer, and recycling delinquent accounts. He said in 2019, 1,092 properties were sent notices for a total of $542,875 which was an increase from 2018 when 731 properties were sent notices for a total of $354,047 with a final certification for 542 properties of $296,593. Mr. Uram said there were a total of 519 properties with a delinquent amount of $331,706 but staff expected the final total certified to the County on November 15 to be less. Mayor Hovland opened the public hearing at 8:35 p.m. Public Testimony No one appeared. Member Brindle made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Page 3 Minutes/Edina City Council/October 15. 2019 Member Brindle introduced and moved adoption of Resolution No. 2019-84 authorizing the certification of delinquent utility charges to the Hennepin County Auditor for collection with 2020 real estate taxes. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.D. PUBLIC HEARING HELD — RESOLUTION NO. 2019-90, PRELIMINARY AND FINAL PLAT FOR LIFETIME FITNESS, 200 SOUTHDALE CENTER — ADOPTED Community Development Director Teague said Southdale Center, LLC, was requesting a subdivision to create three lots from the JCPenney lot at 200 Southdale Center. The purpose of the request was simply to create separate lots for the Lifetime Fitness, the multi-tenant space and the outdoor plaza space at the former JCPenney site. He reviewed the existing and proposed registered land survey and said there was no new development proposed with this request and said the Planning Commission unanimously recommended approval of the preliminary and final plat. Mayor Hovland opened the public hearing at 8:38 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 introduced and moved adoption of Resolution No. 2019-90 approving preliminary and final plat at 200 Southdale Center subject to the following condition that park dedication fee of $17,253 shall be paid at the time of release of the final plat. Member Fischer seconded the motion. The Council referred to the proposed park dedication and agreed it was important to have a park in this area and the need for funds provided by the City and private development. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.C. PUBLIC HEARING HELD — RESOLUTION NO. 2019-92, APPEALING ADMINISTRATIVE DECISION FOR 5712 WOODLAND LANE — DENIED Assistant City Planner Aaker stated the applicant submitted building permit No. 163990 to construct a new home at 5712 Woodland Lane, adjacent to Minnehaha Creek. The owner purchased the 1952 multi- level property in October 2016 which was now demolished. Much of the lot was within the FEMA flood plain and there was a municipal sanitary sewer main bi-secting a large portion of the property limiting home placement and construction. She said the property owner intended to construct a two-story house with a full basement foundation on the property and believed the plan complied with all zoning ordinances. The maximum allowable building height for the lot is 21/2 stories or 40 feet, whichever is less. Staff interpreted the plan as a 3-story home with the basement counting as a story and contended the house plan did not comply with the zoning ordinance and returned the permit application to the applicant for revision. Ms. Aaker reviewed the lot dimensions, how the lot was limited for buildable area, and the applicant's building re-design from a previous application. She said grading could not be done in the floodway and the planter-type boxes filled with soil that retained a foot of soil did not qualify for finished grade for basement area calculations. Ms. Aaker then noted that on August 28, 2019, the Planning Commission unanimously upheld staffs decision to deny the permit. The Council asked how lot arrangement would affect height and confirmed the plan was 40% below grade, not including the planter boxes and spoke about how the flood plain abutted the lot so no grading could occur. Ms. Aaker said lot arrangement would be under 40 feet measured from existing grade. Page 4 Minutes/Edina City Council/October 15, 2019 Henry Helgen, Kutak Rock LLP, clarified the request involved the space between the retaining wall and foundation near the planter boxes and the issue of whether the home was a two-story or three-story and reasons why part of the plan was, acceptable, and others were not. He spoke about staff's interpretation of planter boxes which was an I I -inch concrete retaining wall and why four feet was acceptable in some areas and two feet was not in other areas. He summarized if there was no definition as to how far back a retaining wall had to be to establish the grade then it had to be adjoining, which the wall was. Mr. Helgen spoke about land use law and the ability to use it as they would like and said the City was adding an undescribed term that was more restrictive. He then spoke about equal protection, how the applicant had been singled out regarding ground level elevation, and how the City had interpreted other applications differently and not followed City Code equally. The Council asked for more information on the planter boxes. Chad Holder, property owner, said this was a term given by staff and explained the 4-5-foot walls would contain dirt into the ground. He shared reasons for the request that contradicted similar applications and examples of other properties' house plans that had been approved. Mayor Hovland opened the public hearing at 9:15 p.m. Public Testimony Nick Boosalis, 5704 Woodland Lane, addressed the Council. Todd Kerin, 5705 Woodland Lane, addressed the Council. Tracy Eichhorn-Hicks, 5708 Woodland Lane, addressed the Council. Member Brindle made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. The Council inquired about other structures identified during public testimony and agreed with the neighborhood characterization of less than 50%. Ms. Aaker explained the Tamerick property received a variance due to flood zone elevations and was not aware of the definition portion of the Code presented by the applicant. The Council confirmed the proposed height was permitted under Code and that the home met all other zoning requirements. The Council spoke about the retaining wall determination being artificial but shared concerns about comparison to the 5-6 other structures shared by the applicant during public testimony. The Council indicated it did not believe the proposed home fit the neighborhood. City Attorney Knutson noted if Code interpretations were missed by staff in other instances it did not nullify enforcement of the Code going forward. He advised he did not believe the Code was ambiguous. Member Brindle introduced and moved adoption of Resolution No. 2019-92 upholding staff's administrative decision to deny Building Permit No. 163990 for a new home plan at 5712 Woodland Lane based on the following findings: I. The maximum height to the highest point on a roof of a single or double dwelling unit shall be 30 feet. For lots that exceed 75 feet in width, the maximum height to the ridge line shall be 35 feet, and the maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. In no event shall the maximum height exceed 40 feet or 21/4-stories whichever is less. 2. A basement with more than 50 percent of its exterior wall area located entirely below the proposed ground elevation adjoining the basement shall not be counted as a story. 3. The house plan has two full stories above the basement floor. The basement has less than 50% of the exterior wall area below grade. Page 5 Minutes/Edina City Council/October 15, 2019 4. The proposed home is 3 stories including the basement and does not comply with the maximum allowable height of 2%2-stories. 5. The two "planter boxes" holding a thin area of soil adjacent to the south west basement walls, do not establish the filled soil area as the proposed ground elevation adjoining the basement. 6. "Ground" is the surface of the earth. Placing a small amount of dirt between the concrete walls and the basement does not change the ground elevation. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE - Received Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.B. MINUTES — Received I. HUMAN RIGHTS AND RELATIONS COMMISSION, AUGUST 27, 2019 2. PARKS & RECREATION COMMISSION, SEPTEMBER 10, 2019 Informational; no action required. X. AVIATION NOISE UPDATE — Received XI. MAYOR AND COUNCIL COMMENTS — Received XII. MANAGER'S COMMENTS — Received XII.A. VIRTUAL TOWN HALL Mr. Neal provided a summary of preparation for the first Virtual Town Hall on October 29. XIII. CITY COUNCIL UPCOMING MEETINGS AND EVENTS — Receive XIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland =cla ed the meeting adjourned at 9:57 p.m. L. ames ovland, Mayo Video Copy of the October 15, 2019, meeting available. Respectfully submitted, Minutes approved by Edina City Council, November 6, 2019. Page 6