HomeMy WebLinkAbout2014-03-18 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
MARCH 18,2014
7:00 P.M.
I. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:04 p.m.
U. ROLLCALL
Answering rollcall were Members Bennett, Brindle,Sprague, Swenson and Mayor Hovland.
111. MEETING AGENDA APPROVED
Member Swenson made a motion, seconded by Member Bennett, approving the meeting agenda as
revised to consider Item VIII.D., Pentagon Park Redevelopment — Authorizing Preparation of
Redevelopment Agreement, prior to Item VIII.A., Consideration of Citizens' Petition for Environmental
Assessment Worksheet (EAW) for Conversion of the Fred Richards Golf Course in Edina, Resolution No.
2014-30.
Ayes: Bennett, Brindle, Sprague,Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA ADOPTED
Member Swenson made a motion, seconded by Member Brindle, approving the consent agenda as
revised to remove Items IV.A., Regular and work session meeting minutes of March 4, 2014, and IVX
Resolution No. 2014-32, Resolution of Appreciation to Metropolitan Airport Commission for Recent
Work Regarding Airport Noise,as follows:
IV A Regular.2-nd- werk racreaR meeting minutes Gf MaFGh 4,2034
IV.B. Receive payment of the following claims as shown in detail on the Check Register dated March 6,
2014, and consisting of 28 pages; General Fund $413,135.80; Police Special Revenue $2,684.42;
Working Capital Fund $138,625.72; Art Center Fund $1,270.58; Golf Dome Fund $23,691.74;
Aquatic Center Fund $298.75; Golf Course Fund $31,885.57; Ice Arena Fund $2,423.10;
Edinborough Park Fund $35,898.43; Centennial Lakes Park Fund $4,348.52; Liquor Fund
$171,033.19; Utility Fund $76,229.69; Recycling Fund $1.70; PSTF Agency Fund $20,077.96;
TOTAL$921,605.17 and for receipt of payment of claims dated March 13,2014,and consisting of
26 pages;General Fund$224,486.85; Pedestrian and Cyclist Safety$906.25;General Debt Service
Fund$425.00; PIR Debt Service Fund$450.00;Working Capital Fund$13,707.75;Golf Dome Fund
$282.09;Aquatic Center Fund $109.64;Golf Course Fund $24,234.09; Ice Arena Fund $48,393.39;
Sports Dome Fund $113,477.26; Edinborough Park Fund $5,601.41; Centennial Lakes Park Fund
$530.00; Liquor Fund $277,895.88; Utility Fund $407,467.97; Storm Sewer Fund $5,128.88;
Recycling Fund $35,223.11; PSTF Agency Fund $3,834.84; Payroll Fund $1,313.70; TOTAL
$1,163.468.11; and, Credit Card Transactions dated December 26, 2013 — January 25, 2014;
TOTAL$39,980.58
IV.C. Approve Edina Community Health Commission Bylaws Amendment
IV.D. Request for Purchase—Award of Bid—Contract ENG 13-18 Bridge Repairs (West 78`h Street and
Gus Young Lane Bridges), awarding the bid to the recommended low bidder, PCiRoads, LLC at
$199,981.72
IV.E. Approve Supplement Assessment Agreement and Waiving of Public Hearing,4316 Eton Place
IV.F. Approve Release of Public Improvement and Special Assessment Agreement, 5017 West 56`h
Street
IV.G. Adopt Resolution No. 2014-24, Lot Division and Front Yard Setback Variance, 5617 and 5613
Wooddale Avenue, Chris and Anne Hill,subject to the following conditions:
1. The site must be developed and maintained in conformance with the following plans:
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Minutes/Edina City Council/March 18,2014
• Survey date stamped February 10,2014
• Landscape plans and elevation date stamped February 10,2014
• Building plans and elevations date stamped February 10,2014
W.H. Authorization to Utilize Metro ECSU Cooperative Purchasing Agency— Purchase of Artificial Turf
for the Sports Dome and Pamela Park Projects
IV.I. Receive Report from Community Advisory Team—Redevelopment Strategy for Grandview Public
Works Site
W.J. Adopt Resolution No.2014-28, Declaring Hazardous Building,4100 Parklawn Avenue
AAK. A e-s-a I uti-an Ale. 2014 &12, ResGIMUGA of AppFeGiatign to Me#GpGlitan A*FPGFt COMMIS-619A
Recent Work Regarding AiFPQFt NGise
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
IV.A. AMENDED REGULAR AND WORK SESSION MEETING MINUTES OF MARCH 4,2014—APPROVED
Mayor Hovland made a motion, seconded by Member Bennett, to approve regular meeting minutes of
March 4,2014,as amended on Page 5,to change "Ron Ousky"to"Daniel Ousky."
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
Member Bennett made a motion, seconded by Member Swenson, to approve the amended work
session meeting minutes of March 4,2014,correcting the spelling of"Jay Abdo."
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
IV.K. RESOLUTION NO. 2014-32, RESOLUTION OF APPRECIATION TO METROPOLITAN AIRPORT
COMMISSION FOR RECENT WORK REGARDING AIRPORT NOISE—ADOPTED
At the request of Member Sprague, Mayor Hovland read Resolution No. 2014-32 into the record. Member
Swenson introduced and moved adoption of Resolution No. 2014-32, Resolution of Appreciation to
Metropolitan Airport Commission for Recent Work Regarding Airport Noise. Member Sprague seconded
the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
V.A. SPEAK UP EDINA MONTHLY REPORT—RECEIVED
Communications Coordinator Gilgenbach presented a summary of February opinions, both pros and cons,
collected through Speak Up, Edina relating to intoxicating liquor license sales ratios of liquor to food. Mr.
Gilgenbach answered questions of the Council relating to an infraction clause. The Council indicated it
found no problem with the current food to liquor ratio and suggested an April discussion on Sunday liquor
sales.
VI. PUBLIC HEARINGS HELD—.Affidavits of Notice presented and ordered placed on file.
VI.A. PRELIMINARY REZONING FROM MDD-6 TO PUD AND OVERALL DEVELOPMENT PLAN, PENTAGON
REVIVAL,RESOLUTION 2014-29 ADOPTED
Community Development Director Presentation
Community Development Director Teague presented the proposal of Pentagon Revival to redevelop
Pentagon Park along 77th Street, a 43-acre site, over the next 2 to 15 years. The first phase would be the
Pentagon Tower site and include office buildings, a hotel, limited retail, and parking structures. Future
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Minutes/Edina City Council/March 18,2014
redevelopment phases of the Pentagon Quad site north of 77th Street would likely occur from the west to
the east with possible housing on the east end of the Quad sites. Mr. Teague explained that to
accommodate this request, preliminary rezoning from MDD-6, Mixed Development District, to PUD,
Planned Unit Development, and an overall Development Plan were needed. He presented project
components and nine PUD goals as contained within the draft resolution. The unanimous
recommendation of staff and the Planning Commission was for approval of the preliminary rezoning and
overall development plan.
The Council acknowledged the high level of sustainability proposed with this project. Mr. Teague stated
the plan indicates 12+ stories but anything over 12 stories would require a Comprehensive Plan
amendment as well as rezoning. The Council supported a revision to the graphic to emphasize that no
building shall exceed 12 stories in height and a revision to conditions of approval to require bicycle racks
within each phase of the project. It was noted that Condition 10 should be corrected to reflect"pedestrian
crossings."
Mr. Teague answered questions of the Council relating to the process for rezoning of the entire site and
incorporation of conditions to assure each phase of the project must abide by these conditions. The
Council asked about the balance of power between the City as the regulating agency and the developer as
the property owner should the property be sold. Attorney Knutson advised that the new property owner
would enjoy the same ability as the original property owner because rezoning runs with the property.
Mr. Teague stated the Council could add a condition to require sketch plan approval for each phase of the
development. The Council indicated support for this additional condition. Mr. Teague indicated the
preliminary rezoning was consistent with the City's Comprehensive Plan and the revision from the
previously approved plans exchange residential square footage with non-residential square footage. He
reviewed the assurances provided to the City with a rezoning to PUD compared to the current zoning of
MDD-6.
Proponent Presentation
Scott Tankenoff, Pentagon Revival President, described the proponent's work over the past year to
develop project plans and requested the Council's approval of the Pentagon Park preliminary PUD and
plan. He indicated this proposal resulted in $500 million of private improvements and public infrastructure
to unlock the potential of Pentagon Park, noting it was consistent with the City's Comprehensive Plan. Mr.
Tankenoff thanked the Council for its consideration and trust placed in the proponent.
Mayor Hovland opened the public hearing at 7:54 p.m.
Public Testimony
Jane Prince, Weinblatt &Associates, 5874 Blackshire Path, Inver Grove Heights, representing the Save the
Fred Organization, addressed the Council.
Laura Schleck,7408 Kellogg Avenue, addressed the Council.
Lori Syverson, Edina Chamber of Commerce President, addressed the Council.
Wade Heirigs,4529 Gilford Drive, addressed the Council.
John Stang,4525 Sedum Lane, addressed the Council.
Peter Fitzgerald, 5217 Kellogg Avenue, addressed the Council.
Felicity Hanson,7457 West Shore Drive, addressed the Council.
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Minutes/Edina City Council/March 18,2014
Nickolis Hunzelman, 7461 West Shore Drive,addressed the Council.
Tom Terwilliger,7421 Kellogg Avenue, 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.
Mr.Teague addressed issues raised during public testimony relating to level of detail submitted during this
preliminary stage and during the first development phase. It was noted that all submittals have to meet
the conditions contained in the draft resolution. With regard to building height and need to screen
rooftop mechanicals, Mr. Teague advised of requirements for rooftop screening and that building height
was measured from existing grade. It was acknowledged that the developer was requesting a building
height of five stories in an area where the Comprehensive Plan would allow a building height of 12 stories,
resulting in a lesser impact than would be allowed by the Comprehensive Plan.
Member Sprague read a prepared statement in response to allegations made in a letter dated March 17,
2014, from Jane Prince and accompanying affidavits. Attorney Knutson indicated he had reviewed the
affidavits and allegations and, in his legal opinion, there was no conflict of interest to prevent Member
Sprague from participating in either the discussion and/or decision.
The Council again reviewed the site plan, noting that no part of Fred Richards Golf Course was included.
The Council discussed the conditions of the draft resolution. The Council agreed the proposed project
would result in a legacy project that, over time, would benefit the community overall and enhance the
neighborhood Member Swenson introduced and moved adoption of Resolution No. 2014-29,Approving
Preliminary Rezoning from MDD-6, Mixed Development District to PUD, Planned Unit Development,and
Overall Development Plan for Pentagon Park, revising Exhibit 15 (building heights diagram) to indicate
"12 stories" rather than "12+stories,"and subject to the following conditions:
1. Final Development Plans must be generally consistent with the Preliminary/Overall Development
Plans dated January 22,2014;Option 1 is the Overall Development Plan. Exhibit 14(Option 2)is not
approved. Exhibit 15 is approved but shall not include the"12+Story"category.
2. The Final Landscape Plan must meet all minimum landscaping requirements per Section 850.04 of
the Zoning Ordinance.
3. The Final Lighting Plan must meet all minimum landscaping requirements per Section 850.04 of the
Zoning Ordinance.
4. Submittal of a sign plan with Final Development Plan application for each phase of the overall
development. Each signage plan submittal should include monument sign locations and size, way
finding signage,and wall signage. Signage shall be consistent throughout the PUD.
5. The 77th Street Improvements must be completed by the applicant/landowner when 100,000 square
feet of development has been constructed. The 77th Street improvements must be consistent with
the plans date stamped January 22,2014,and are subject to review and approval of City staff before
construction.
6. The Parkway and Living Streets, as shown on the Preliminary/Overall Development Plan, date
stamped January 22,2014, must be built.
7. Final Development Plans must create a recreational system that promotes walking, health and
wellness.
8. Connections shall be made from the property south of 77th Street to the property north of 77th Street
through or adjacent to the"Walsh Title"site and Fred Richards Golf Course.
9. Pedestrian connections must also be made between buildings, along 77th Street, to Burgundy Place,
to the anticipated Regional Trail,and to the new Living Streets,the design of which is conditioned on
factors,including without limitation,the future use of Fred Richards.
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Minutes/Edina City Council/March 18, 2014
10. All crosswalks shall be marked with "duraprint" type stamping, or whatever is the City standard at
the time of installation,to clearly identify the pedestrian crossings.
11. Where applicable and required pursuant to the Final Development Plan, all public utility, public
roadway and public sidewalk easements shall be granted or dedicated to the City upon Final
Development Plan approval for each phase.
12. Bike storage and bike shower facilities shall be provided within the development. Bike racks shall be
provided within each phase of the development.
13. A majority of the storm water retention shall be developed as an amenity and integrated into the
overall development.
14. Overall, the development must include at least 20% of green space/storm water retention in the
aggregate.
15. Any Park Dedication fees due under Section 32 of the City Code shall be collected at the time of the
issuance of a building permit for any portion of the property that is re-platted.
16. New buildings shall utilize the podium height concept, as defined in the Edina Comprehensive Plan,
where appropriate.
17. Attempts shall be made to meet an energy savings goal of 15% over State energy code guidelines.
Building designs shall be similar to and reasonably consistent with LEED standards.
18. All buildings must be constructed of high quality materials and architecture. Building materials shall
be of, but not limited to high quality brick, stone, precast concrete, and glass building. No building
shall contain aluminum or metal siding as the primary finish material.
19. All parking structures shall be designed to be integrated into and complement the architecture of
newly constructed buildings. Shared parking strategies shall be employed,where applicable.
20. Public art shall be incorporated within each phase of development.
21. Final Rezoning is subject to a Zoning Ordinance Amendment creating the PUD, Planned Unit
Development,for this site. Final PUD Zoning must meet the criteria required for a PUD.
22. Compliance with the issues/conditions outlined in the Director of Engineering's memo dated January
22,2014.
23. Sketch plan review shall be required for each phase of the development.
Member Bennett seconded the motion.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
Vll. COMMUNITY COMMENT
No one appeared to comment.
VIII. REPORTS/RECOMMENDATIONS
VIII.D. PENTAGON PARK REDEVELOPMENT — PREPARATION OF REDEVELOPMENT AGREEMENT —
AUTHORIZED
Economic Development Manager Neuendorf explained that the owner of Pentagon Park approached the
City to request financial assistance to achieve its long-term redevelopment goals and to remediate poor
soils and hazardous abatement, resulting in extraordinary costs. Mr. Neuendorf presented the structure of
the proposed assistance, noting the greatest risk would be borne by the developer and his investors with
very little risk/exposure to the City. The proposed terms anticipated that a Tax Increment Financing (TIF)
note would be pledged to the developer upon initiation of each phase of the project. Upon successful
completion of each phase,the City would make payments on the TIF note from incremental property taxes
generated by the new buildings.
Nick Anhut, Ehlers & Associates, advised that the proposed interest rate of 5-6% was the same as being
seen for comparable projects within the metro area.
Mr. Neuendorf explained the public improvements would meet City development standards; however,the
City would not issue debt for those improvements, as the developer would be responsible for those costs.
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Minutes/Edina City Council/March 18,2014
He described safeguards and default provisions within the Term Sheet as well as the three-year look-back
period whereby the City would only reimburse for reasonable costs.
Jay Lindgren, Dorsey & Whitney, addressed the variety of ways TIF could be used to encourage
redevelopment and advised that the lowest-risk method was a pay-as-you-go note since it created a very
low/no risk to the City. He explained the "but for"test required prior to consideration of TIF assistance.
Mr. Neuendorf answered questions of the Council related to stormwater runoff, parking, and eligible costs.
The Council directed staff to assure the language of the Redevelopment Agreement and supporting
documentation unhinge Fred Richards Golf Course from Pentagon Park. Member Brindle made a motion,
seconded by Member Bennett, authorizing the preparation of a Redevelopment Agreement for the
Pentagon Park Redevelopment for future consideration by the City Council and Edina Housing and
Redevelopment Authority.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.A. CONSIDERATION OF CITIZENS'PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET(EAW)
FOR CONVERSION OF THE FRED RICHARDS GOLF COURSE IN EDINA — RESOLUTION 2014-30
ADOPTED
Mr. Teague reviewed that the Minnesota Environmental Quality Board (EQB) received a petition
requesting preparation of an Environmental Assessment Worksheet (EAW) for the conversion of the Fred
Richards Golf Course. He advised that the EQB determined that the City was the appropriate
governmental unit to determine the need for an EAW. Mr.Teague indicated staff believed the closing of a
golf course was not a "project" as defined in Minnesota Rules 4410.0200, Subd. 65, because the closure
would not "result in the physical manipulation of the environment, directly, or indirectly." Staff
recommended adoption of the draft resolution denying the request for an EAW. Attorney Knutson
indicated he had reviewed all documentation submitted, worked with staff to draft this resolution, and
also supported adoption. Member Swenson introduced and moved adoption of Resolution No. 2014-30,
Concerning a Petition for an Environmental Assessment Worksheet for the Fred Richards Golf Course.
Member Bennett seconded the motion.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.B. GOLF COURSE OPERATIONS STUDY ACCEPTED — FRED RICHARDS GOLF COURSE CLOSING
APPROVED — FRED RICHARDS GOLF COURSE & BRAEMAR GOLF COURSE MASTER PLANS
APPROVED—DRIVING RANGE AND EXECUTIVE COURSE PROJECTS APPROVED
Mr. Neal stated this discussion started at the Council's March 4, 2014, meeting during which a public
hearing was also held. He referenced the staff report that consolidated and addressed public testimony.
Mr. Neal stated since the March 4, 2014, Council meeting, additional meetings and discussions were held;
however,staffs position had not changed from its recommendation to close Fred Richards.
Parks & Recreation Director Kattreh presented the staff report, staffs additional research, and answers to
the 18 questions raised during the March 4, 2014, Council meeting. Ms. Kattreh described proposed golf
course updates to make it easier and more fun, customer service improvements, and additional
programming for all ages. She indicated staffs proforma was very conservative and explained how golfers
and leagues would be accommodated and engaged during the update of Braemar Golf Course. Ms.
Kattreh answered questions of the Council.
The Council considered whether to use 2014 for Master Planning golfing operations and soft close Fred
Richards in 2015. In that way, golfers could use the Fred Richards while Braemar was undergoing
improvements. Member Swenson made a motion, seconded by Member Bennett, accepting the
recommendation of staff and the Park Board to close Fred Richards at the end of the 2014 season.
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Minutes/Edina City Council/March 18,2014
The Council discussed the motion, including what cost recovery level enterprise facilities should be held to,
alternative marketing efforts for Fred Richards, allocation of city resources based on significant changes in
demand for golf, operational benefit of consolidating uses to increase cost recovery, importance of budget
transparency, survey results indicating public non-support for additional tax dollars to fund Braemar
capital improvements, and issues related to the timing of the closure of Fred Richards.
Ayes: Bennett, Sprague,Swenson
Nays: Hovland, Brindle
Motion carried.
Member Swenson made a motion, seconded by Member Bennett, to start the Master Plan for
redevelopment of Fred Richards Golf Course with funding from 2013 undesignated funds and with
involvement by residents,the Park Board,and City officials.
The Council discussed the motion. Mr. Neal stated if the motion carried, staff would present a description
of that process within 30 days.
Ayes: Bennett, Brindle,Sprague,Swenson
Abstain: Hovland
Motion carried.
Member Swenson made a motion, seconded by Member Brindle, to immediately start the Master Plan
for Braemar Golf Course with funding from the Braemar Memorial Fund.
The Council discussed the motion and use of Braemar Memorial Funds.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
Mayor Hovland made a motion, seconded by Member Swenson, to immediately begin work on
extending the driving range and executive course projects,consistent with the existing concept plan.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
The Council encouraged staff to take advantage of offers from local golf course contractors and
professionals to assist developing the Master Plan and RFP but to allow the selected architect to work
independently based on the Master Plan.
VIII.C. RESOLUTION NO.2014-31 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. 2014-31 accepting various
donations. Member Swenson seconded the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.D. PENTAGON PARK REDEVELOPMENT — PREPARATION OF REDEVELOPMENT AGREEMENT —
AUTHORIZED
This item was consider prior to Item VIII.A.
IX. CORRESPONDENCE AND PETITIONS
IX.A. CORRESPONDENCE
Mayor Hovland acknowledged the Council's receipt of various correspondence.
W.B. MINUTES:
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Minutes/Edina City Council/March 18, 2014
1. PARK BOARD, FEBRUARY 11, 2014
2. ARTS& CULTURE COMMISSION,JANUARY 23,2014
3. HERITAGE PRESERVATION BOARD, FEBRUARY 11, 2014
Informational; no action required.
X. AVIATION NOISE UPDATE—Received
X.A. MOTION SUPPORTING NOISE OVERSIGHT COMMISSION(NOC) RESOLUTION REGARDING RECENT
FAA ACTION ON RNAV AT MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT
Member Bennett presented the Noise Oversight Commission (NOC) resolution supporting recent FAA
action on RNAV at Minneapolis-St. Paul International Airport. Member Bennett made a motion stating
the City of Edina's support of the NOC regarding future FAA Performance-Based Navigation (PBN)/Area
Navigation (RNAV) Standard Departure Procedure Design and Implementation Efforts at Minneapolis-St.
Paul International Airport(MSP). Mayor Hovland seconded the motion.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
XL MAYOR AND COUNCIL COMMENTS—Received
X11. MANAGER'S COMMENTS—Received
X111. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
11:13 p.m.
Respectfully submitted,
jAnifer Eernerotte, Community& IT Services
Director
Minutes approved by Edina City Council, April 1, 2014.
James B. Hovland, Mayor
Video Copy of the March 18, 2014, meeting available.
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