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HomeMy WebLinkAbout2014-10-07 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL October 7, 2014 7:00 P.M. 1. CALL TO ORDER Mayor Pro Tern Swenson called the meeting to order at 7:08 p.m. 11. ROLLCALL Answering rollcall were Members Bennett, Brindle, Sprague, and Swenson. Absent at roll call was Mayor Hovland. 111. MEETING AGENDA APPROVED Member Sprague made a motion, seconded by Member Bennett, approving the meeting agenda as modified to add Item V.A. People's Choice Award. Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. IV. CONSENT AGENDA ADOPTED Member Bennett made a motion, seconded by Member Brindle, approving the consent agenda. IV.A. Approve regular and work session meeting minutes of September 16, 2014 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated September 18, 2014, and consisting of 22 pages; General Fund $311,132.34; Police Special Revenue $4,854.70; Working Capital Fund $692,742.48; Equipment Replacement Fund $3,836.40; Art Center Fund $47.34; Golf Dome Fund $305.34; Aquatic Center Fund $1,623.80; Golf Course Fund $19,222.52; Ice Arena Fund $779.94; Edinborough Park Fund $11,224.51; Centennial Lakes Park Fund $1,001.82; Liquor Fund $218,026.75; Utility Fund $95,584.21; Storm Sewer Fund $8,043.00; Recycling Fund $35,190.09; PSTF Agency Fund $1,134.65; TOTAL $1,404,749.89 and for receipt of payment of claims dated September 25, 2014, and consisting of 37 pages; General Fund $344,468.90; Pedestrian and Cyclist Safety $78,803.49; Arts and Culture Fund $29.42; Working Capital Fund $474,915.35; Art Center Fund $7,446.60; Golf Dome Fund $667.25; Aquatic Center Fund $895.53; Golf Course Fund $14,653.44; Ice Arena Fund $427,170.37; Sports Dome Fund $1,182,460.32; Edinborough Park Fund $3,297.36; Centennial Lakes Park Fund $16,122.71; Liquor Fund $186,494.64; Utility Fund $735,788.45; Storm Sewer Fund $430,048.69; PSTF Agency Fund $2,917.91; Centennial TIF District $593,043.00; Payroll Fund $3,021.70; TOTAL $4,502,245.12 and for receipt of payment of claims dated October 2, 2014, and consisting of 25 pages; General Fund $229,233.62; Police Special Revenue $615.48; Working Capital Fund $69,782.52; Art Center Fund $1,894.96; Golf Dome Fund $821.68; Aquatic Center Fund $2,364.00; Golf Course Fund $23,009.72; Ice Arena Fund $3,553.22; Edinborough Park Fund $26,813.57; Centennial Lakes Park Fund $837.65; Liquor Fund $172,193.47; Utility Fund $23,539.93; Storm Sewer Fund $44.83; PSTF Agency Fund $1,521.66; TOTAL $556,226.31 IV.C. Approve 2015 Council Meeting Dates and Board and Commission Meeting Dates IV.D. Approve Human Services Task Force Appointments IV.E. Adopt Resolution No. 2014-103, Receiving Engineering Study for the Valley View Road Reconstruction Project IV.F. Request for Purchase, Storage Area Network, awarding the bid to the recommended low bidder, CDWG - EMC at $96,783.42 IV.G. Request for Purchase, 2014 Sidewalk Snow Plow, awarding the bid to the recommended bidder, MacQueen Equipment at $104,790.00 Page 1 Minutes/Edina City Council/October 7. 2014 IV.H. Request for Purchase, Replacement Temporary Hockey Boards at Todd Park, awarding the bid to the recommended bidder, Becker Arena Products at $65,651.09 Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS V.A. 2014 PEOPLE'S CHOICE AWARD - PRESENTED Barbara La Valleur, Chair of Public Art Edina, announced that Nicholas Legeros won the 2014 People's Choice Award for his sculpture "Leaping Hare." She announced the other three wining sculptures and noted that"Leaping Hare" would remain at Grandview Square for an additional year. VI. PUBLIC HEARINGS HELD—Affidavits of Notice presented and ordered placed on file. VI.A. CONDITIONAL USE PERMIT AND VARIANCES, TED AND AMY CARLSON, SS I6 KNOLL DRIVE—RESOLUTION NO. 2014-104 -ADOPTED Community Development Director Presentation Community Development Director Teague presented the requested Conditional Use Permit to allow the first floor elevation of the new home to exceed the first floor elevation of the existing home by more than one foot. The applicant was proposing to raise the first floor elevation 1.97 feet above the existing first floor elevation to utilize the existing foundation of the home and raise the ceiling height of the basement from 7 feet 5 inches to 8 feet 10 inches. The proposed height of the new home was 25 feet. The staff and Planning Commission recommended approval of the Conditional Use Permit and Variance. Engineer Bintner answered questions of the Council relating to the amount of hard space added to the driveway and storm water drainage. Attorney Knutson answered a question of the Council relating to the type of variance. Ted Carlson, 6324 Brookview Avenue, owner of 5516 Knoll Drive, offered to answer questions. The Council asked Mr. Carlson to explain the storm water plans. Mr. Carlson answered that the original plans called for retention and storm water catch basins, but after working with the City staff it was determined that gutters were adequate. He also shared that the increase in hard space coverage at the site went from 6.9% to 8% because a third stall was added to the driveway. The Council asked for the grade of the slope in the rear of the house and Mr. Carlson answered that there was a 50-foot height elevation change from the basement to the pond. Mayor Pro Tern Swenson opened the public hearing at 7:35 p.m. Public Testimony No one appeared to comment. Member Brindle made a motion, seconded by Member Sprague, to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. Mr. Bintner answered questions of the Council concerning the potential increased flow to the pond and the water quality of the pond. Mr. Bintner responded that future modeling was not conducted because staff referred to the modeling done in the Comprehensive Water Resource Management Plan. He also answered that staff looks at volume of flow and flood protection, but does not require private homes to utilize clean water practices. Clean water practices would be retrofitted into neighborhood street reconstruction programs. Member Brindle introduced and moved adoption of Resolution No. 2014-104, Approving a Conditional Use Permit and Variance at 5516 Knoll Drive for Ted and Amy Carlson, subject to the following conditions: 1. The site must be developed and maintained in conformance with the following plans: Page 2 Minutes/Edina City Council/October 7, 2014 • Survey date stamped August 8, 2014, • Building plans and elevations date stamped August 8, 2014, revised August 21, 2014, • Grading, drainage, and erosion control plan date stamped September 30, 2014. 2. Compliance with the conditions and comments listed in the Environmental Engineer's memo dated August 20, 2014. 3. Final grading and drainage, and storm water management plan shall be subject to review and approval of the City Engineer at the time of building permit application. Member Sprague seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. VI.B. FINAL REZONING AND FINAL SITE PLAN WITH VARIANCE, FRAUENSHUH COMMERCIAL REAL ESTATE GROUP, 5108 EDINA INDUSTRIAL BOULEVARD — ORDINANCE NO. 2014-I6 AND RESOLUTION NO. 2014-IOS—ADOPTED Community Development Director Presentation Mr. Teague presented the request from Frauenshuh Commercial Real Estate to tear down the existing 12,199 square foot office building and build a new 10,000 square foot retail building that would include a drive-through. The property was located at 5108 Edina Industrial Boulevard, just west of Highway 100, and across the street from retail uses that were zoned PCD-2, Planned Commercial District. Retail uses to the south include the Shell Gas Station, Burger King, Dairy Queen, and a small retail strip center. North and east of the site were office/light industrial uses. The applicant had revised the landscape plan to show trees in the boulevard as recommended by the Planning Commission. Mr. Teague answered questions of the Council relating to landscaping and parking. Proponent Presentation Dave Anderson, Frauenshuh Commercial Real Estate, addressed landscape issues mentioned and requested that the Council change the tree requirement from an equal number to three trees. Paul Kangas, Loucks Associates, further addressed the landscaping plan. The Council requested that smaller perennials be installed between the larger trees and the applicant agreed. Mr. Anderson answered question of the Council concerning signage for motorists and open parking. Mayor Pro Tern Swenson opened the public hearing at 8:11 p.m. Public Testimony No one appeared to comment. Member Brindle made a motion, seconded by Member Sprague, to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. Eric Reiners, Sperides Reiners Architects, presented the materials board. Member Sprague made a motion to Move First Reading and waive Second Reading adopting Ordinance No. 2014-16, Rezoning 5108 Edina Industrial Boulevard from POD-1, Planned office District, to PCD-2, Planned Commercial District, and introduced and moved adoption of Resolution No. 2014-105, Approving Final Rezoning from POD-1, Planned Office District to PCD-2, Planned Commercial District and Final Development Plan with Variances for 5108 Edina Industrial Boulevard, 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 August 20, 2014. • Grading plan date stamped August 20, 2014. Page 3 Minutes/Edina City Council/October 7, 2014 • Utility plan date stamped August 20, 2014. • Landscaping plan date stamped September 19, 2014. • Building elevations date stamped August 20, 2014. • Building materials board as presented at the Planning Commission and City Council meeting. 2. Prior the issuance of a building permit, a final landscape plan must be submitted, 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. 3. Additional landscaping, including three deciduous trees shall be planted within the boulevard, subject to review and approval of the city forester and engineer. 4. The property owner is responsible for replacing any required landscaping that dies. S. 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. 6. Compliance with all of the conditions outlined in the city engineer memo dated July IS, 2014, including entering into a developer's agreement for construction of utilities and sidewalks. 7. The Final Lighting Plan must meet all minimum landscape requirements per Section 36 of the Zoning Ordinance. 8. Dedication of an easement over the proposed sidewalk, subject to approval of the city engineer. 9. Signage shall conform to all Ordinance requirements. 10. Utilities/transformers shall be located on the west side of the building. There shall be no mechanical equipment visible on the south side of the building. 11. Boulevard trees and landscaping shall be required subject to review and approval of city staff. The landscaping density shall create continuous planting zones, with an emphasis on plants rather than mulch. 12. Directional signage shall be included to direct traffic from the drive-through to use Metro Boulevard as an exit. 13. The end cap south side doors shall remain open during business hours. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. VII. COMMUNITY COMMENT Lori Grom 5513 Park Place, expressed concern that the builder at 5509 Park Place was removing the retaining wall, which might cause water drainage issues. Andrew Brown, 5512 Park Place, requested a follow up to the e-mail he sent to staff concerning 5513 Brookview Avenue and a water drainage issue. Vlll. REPORTS/ RECOMMENDATIONS VIII.A. TURF ESTABLISHMENT IN RECONSTRUCTION PROJECTS UPDATE—RECEIVED Engineer Millner reported that on March 5, 2013 staff presented the findings of research concerning turf establishment in reconstruction project areas. On October 1, 2013, staff presented a summary of seeding operations for the 2013 construction season and planned to do the same for 2014. This would allow turf establishment to be monitored through a variety of weather conditions over multiple years. A major goal defined by both the Comprehensive Plan and Edina's Vision was a sound public infrastructure. Mr. Millner indicated that neighborhood reconstruction projects were the City's primary way to update infrastructure. He presented the three components of turf establishment identified that affect the outcome: goals, technique, and delivery. A list of goals was developed for turf establishment from both the City and resident's point of view. Examples of these goals included healthy, weed free, drought resistant, color matching, cost effective, and long lasting turf. Two techniques were used to establish turf; sodding or Page 4 Minutes/Edina City Council/October 7. 2014 seeding. Mr. Millner explained that according to the research and discussions with both landscaping firms working in the metro area and a researcher in turf studies from the University of Minnesota, the technique that met the most goals, as stated above, when done properly was seeding. Staff was also utilizing seeding operations on restoration associated with maintenance operations on streets, utilities, and parks completed by in-house staff. Restoration was approximately 0.5% - 8.0% of the overall project cost but in the opinion of residents, it was one of the most important things residents consider in determining whether or not the project brought value to their neighborhood. Mr. Millner explained that whether it was sod or seed, residents were a key part to its success as both take two to three years to fully establish a strong root system necessary for a healthy plant. This means that after the City's 90-day maintenance period, residents need to take over caring for the turf. It was noted that with assistance from the Communication Department, a "hydroseeding lawn care tips" flyer had been developed. Mr. Millner answered questions of the Council concerning different types of soil in different areas and options other than turf along busier streets. VIII.B. SANITARY SEWER INFILTRATION AND INFLOW SURCHARGE — TABLED TO OCTOBER 21, 2014 Mr. Bintner reported that following heavy rain events in July 2013 and June 2014, the City received notices from Metropolitan Council Environmental Services of metered exceedances of groundwater infiltration and surface storm waters runoff inflow. During these two rain events, infiltration and inflow of non- sanitary water into Edina's aging sanitary sewer network caused discharge to exceed peak-hour capacity of downstream interceptors and was classified as excessive. Notification of this determination of excessive flow leaves the City with two choices; to accept a surcharge to be added to monthly MCES sanitary treatment bills, or commit to a infiltration and inflow mitigation work plan that essentially invests an equivalent amount over four years in system maintenance and capital improvement targeted to reduce infiltration and inflow. Mr. Bintner stated that notification was received that the amount had been significantly reduced due to the meter being misread. This issue would come back before the Council on October 21, 2014. Manager Neal commended staff for its efforts that resulted in the reduction of the amount owed. Member Bennett made a motion, seconded by Member Sprague, tabling consideration of Sanitary Sewer Infiltration and Inflow Surcharge until October 21, 2014. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII.C. RESIDENTIAL REDEVELOPMENT UPDATE—RECEIVED Mr. Bintner reported that a near doubling of permit applications and residential redevelopment activity between 2009 and 2014, consistent staffing levels, and specific concerns for the impact of construction activities and associated drainage issues on nearby residents and property had led to an evolving community consensus that raised the expectation of service for permitting redevelopment. Because of this, residential redevelopment permit review, inspection, and enforcement processes had undergone significant changes in the last two years. Mr. Bintner indicated that staff met to propose an initial list of perceived problems and associated process improvements for the next steps in this multi-departmental effort to more effectively deliver core services to the public, while still meeting a standard level of customer service to builders and neighboring homeowners. Input from the Council and Planning Commission was sought on service level definitions, perceived problems, and next-step process improvements. The Council requested staff schedule a work session so this topic could be discussed at length with staff and the Planning Commission. Page 5 Minutes/Edina City Council/October 7, 2014 Communications Coordinator Bennerotte answered a question of the Council concerning the Digital Plan. VIII.D. RESOLUTION N. 2014-107 FINAL PLAT 7151 YORK AVENUE, MESABA CAPITAL — ADOPTED Mr. Teague reported that on March 4, 2014, the Council approved the Preliminary Plat at 7151 York Avenue and the Final Plat was the same as the approved Preliminary Plat. He noted the Preliminary Plat included a condition of approval that required park dedication fees to be collected at the time of release of the final plat. The applicant was requesting that the park dedication fees be collected at the time of building permit application. The Council asked Attorney Knutson if he was familiar with the park dedication fees being collected after the Final Plat was approved and whether the subdivision would still run with the property. Mr. Knutson answered that he had seen this done before and advised that the subdivision would stay with the property, but the building permit would not be issued. Member Brindle introduced and moved adoption of Resolution No. 2014-107, approving a Final Plat at 7151 York Avenue, subject to the following condition: 1. Park dedication fee of$500,000 must be paid prior to issuance of a building permit. Member Sprague seconded the motion. Ayes: Brindle, Sprague, Swenson Nay: Bennett Motion carried. VIII.E. HUMAN RIGHTS AND RELATION COMMISSION BIAS OFFENSE RESPONSE PLAN — APPROVED Manager Neal reported that the Council adopted the first Bias Hate Response Plan on May 5, 1997. The Council had directed the Human Rights and Relations Commission to review the Plan at least once per year and provide recommended amendments as needed. The Council updated the Plan in 2003, 2008, and most recently in 2011. Mr. Neal explained the purposes of the Plan were to establish a procedure for appropriate and timely local response to bias offenses thus showing strong community support for the victim and zero community tolerance for bias offenses that occur within the boundaries of the City; to raise awareness of bias offense responses within the community; and, to establish a network of community resources that could be activated as needed. The Human Rights and Relations Commission discussed a draft version of the Plan at its August 4, 2014 work session with Council. The Human Rights and Relations Commission approved the Plan at its August 26, 2014 regular meeting. The Council discussed the language of the Plan and agreed to change Item 1) as follows: Subject to the limitations in the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, the Edina Police Department would notify the City Manager and the HRRC Chair upon receipt from the Edina Police Department or other law enforcement investigatory agency of notice of a substantiated event or incident which may constitute a bias offense under Minnesota Statutes. Together, the Edina Police Chief, City Manager, and HRRC Chair would determine the appropriate level of response, including any necessary public statements. Member Sprague made a motion, seconded by Member Bennett, approving the amendment to the Bias Offense Response and Prevention Plan, as amended above. Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. VIII.F. RESOLUTION NO. 2014-106 ACCEPTING VARIOUS GRANTS AND DONATIONS - ADOPTED Mayor Pro Tern Swenson 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. 2014-106 accepting various grants and donations. Member Brindle seconded the motion. Rollcall: Page 6 Minutes/Edina City Council/October 7, 2014 Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. IX CORRESPONDENCE AND PETITIONS IXA. CORRESPONDENCE Mayor Pro Tern Swenson acknowledged the Council's receipt of various correspondence. IX B. HERITAGE PRESERVATION BOARD RESIGNATION—Received IXC. ADVISORY COMMUNICATIONS FROM HRRC 1. NFL RESOLUTION—REFERRED TO OCTOBER 21, 2014 Member Sprague made a motion, seconded by Member Bennett, adding consideration of an NFL Resolution to the October 21, 2014 City Council meeting consent agenda. Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. 2. COLUMBUS DAY RENAMING RESOLUTION — REFERRED TO OCTOBER 21, 2014 Member Brindle made a motion, seconded by Member Bennett, adding consideration of a resolution renaming Columbus Day to the October 21, 2014 City Council consent agenda. Ayes: Bennett, Brindle, Sprague, Swenson Motion carried. IX.D. MINUTES: 1. ENERGY AND ENVIRONMENT COMMISSION, AUGUST 14, 2014 2, EDINA COMMUNITY HEALTH COMMISSION, JUNE 3, JULY 1, AND AUGUST 4, 2014 3. EDINA TRANSPORTATION COMMISSION, AUGUST 21, 2014 4. ARTS AND CULTURE COMMISSION, MAY 22, JUNE 26, JULY 15, AND AUGUST 28, 2014 S. HUMAN RIGHTS AND RELATIONS COMMISSION, AUGUST 26, 2014 Informational; no action required. X AVIATION NOISE UPDATE— Received XI. MAYOR AND COUNCIL COMMENTS— Received X11. MANAGER'S COMMENTS— Received XIII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Pro Tern Swenson declared the meeting adjourned at 9:50 p.m. Respectfully submitted, Debra A. Mangen, Eity CI k Minutes approved by Edina City Council, October 21, 2014. Ann Swenson, Mayor Pro Tern Video Copy of the October 7, 2014, meeting available. Page 7