HomeMy WebLinkAbout2007-12-18 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
DECEMBER 18,2007
7:00 P.M.
ROLLCALL Answering rollcall were Members Bennett,Housh, Masica,Swenson and Mayor Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Bennett and seconded by
Member Swenson approving the Council Consent Agenda as presented.
Roll call:
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
*MINUTES OF THE REGULAR MEETING OF DECEMBER 4, 2007, AND WORK SESSION OF
DECEMBER 4,2007 APPROVED Motion made by Member Bennett and seconded by Member Swenson
approving the Minutes of the Regular Meeting of December 4, 2007, and Work Session of December 4,
2007.
Motion carried on a roll call vote- five ayes.
MINUTES OF THE DECEMBER 3 2007 TRUTH IN TAXATION MEETING APPROVED AS
CORRECTED Member Housh pointed out he had not attended the Monday, December 3, 2007, Truth In
Taxation hearing, but was listed as present and voting in the minutes. Member Housh made a motion,
seconded by Member Bennett to approved the December 3,200,7 Truth In Taxation Hearing Minutes as
corrected.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
RESOLUTION NO. 2007-134 ADOPTED GRANTING PRELIMINARY DEVELOPMENT PLAN AND
PRELIMINARY REZONING - 77TH & PARKLAWN AREA - WAYZATA PROPERTIES (GATEWAY)
Affidavits of Notice were presented, approved and ordered placed on file.
Planning Director Teague gave an overview of the proposed redevelopment for the Pentagon Tower and
Pentagon Quads site. He said the applicant was proposing to build 634 senior housing units, an 80,000
square foot hotel, three office towers that would total 737,000 square feet and two above ground parking
structures. He said the Pentagon Tower and Quad sites currently contained 660,500 square feet of office
space. Mr. Teague said included in the project area were Burgundy Place, Walsh Title and the office
building at 7600 Parklawn,which would remain. He reported the total site was 43.18 acres.
Mr. Teague said the current proposal before the Council was a Preliminary Development Plan Review,
and that eventually the request would require:
• Comprehensive guide plan amendment from Office to Mixed Use. The mixed use designation
would allow office,retail and residential uses;
• Rezoning from Planned Commercial District (PCD-2) and Planned Office District (POD) to Mixed
Development District 6 (MDD-6);
• Zoning Ordinance Amendment for the MDD-6 District to reduce the minimum acreage from 50
acres to 20 acres; and
• Final Development Plans for each site.
Mr. Teague explained in order to obtain the above mentioned approvals, the applicant would need to
complete a three step process consisting of:
1. Preliminary Development Plan - review by the Planning Commission and City Council,
in which approval simply would allow the applicant to prepare an Overall Development
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Minutes/Edina City Council/December 18,2007
Plan. Approval of the Preliminary Development Plan would not guarantee approval of the
next steps.
2. Overall Development Plan - Overall Development Plan would be the official
approval/denial state of the project. It would include official action on the comprehensive
guide plan amendment,and the rezoning.
3. Final Development Plan - Each phase of this proposed multiple phase development
would be subject to final site plan review by the planning commission and the city council.
Final development plan would follow the same process as the overall development plan.
Mr. Teague said the first phase of the development would be the hotel, followed by a portion of the senior
housing. The third phase would be more senior housing and a portion of the office towers; the 4th phase
would be more senior housing;and the last phase would finish the senior housing and office towers.
Mr. Teague reported the Planning Commission recommended approval of the Preliminary Development
Plan subject to the following conditions on an 8-1 vote.
1. The Overall Development Plan must be generally consistent with approved Preliminary
Development Plan dated September 28,2007,and revised October 4,2007.
2. Sustainable design. The design and construction of the entire project must be done with the
Sustainable Initiatives as outlined in the applicant's narrative.
3. Trail and sidewalk connections must be included as demonstrated and public easements must be
established over all public sidewalks.
4. Dedication of a right-of-way to straighten out the curve at 77th Street and Parklawn(this area of
easement would be subject to approval of the City Engineer).
5. The easternmost entrance off of 77th Street into the senior housing development must be
designed as a shared entrance(with the golf course).
6. The four-story senior independent buildings that face 77th street must be designed so as not to
appear as the back side of buildings.
7. All traffic mitigation measures as required by the Transportation Commission and traffic study
must be followed.
8. The directional flows of the sanitary system must be resolved prior to any construction of the
project.
9. The developer/applicant would be responsible to pay their fair share of any mitigation
measures that would be required as part of an approval of the overall development plan for the
site.
10. All buildings must be built with sprinkler systems, subject to review and approval of the Fire
Marshall.
11. Buildings at 4970 West 77th Street shall be limited to 4 stories or 50 feet, whichever would be
less,and must maintain a 50 foot setback from the rear lot line.
12. Convenience gasoline stations and drive-through windows shall be prohibited on the north side
of 77th Street.
13. Compliance with all of the conditions outlined in the City Engineer's memo dated November 20,
2007.
The Council asked questions including: was the parking as proposed for the site adequate, with Barr
Engineering excluded from the re-development could the requested rezoning then be considered spot
zoning the Barr site; why were the existing Medical Office Building and Burgundy Place included in the
re-development proposal, what heights would be allowed in the various MDD zoning districts, why was
the MDD-6 district being suggested, how would the senior housing vs. market housing be preserved.
Following staff's answers to Council questions,the proponent was introduced.
Jim Nelson, Wayzata Properties, 7790 Lochmere Terrace, stated he was the developer and was excited
about the proposed project. Mr. Nelson said the first phase of the project would include the hotel which
would be a Starwood business traveler hotel. He also said senior housing would be a part of the first
phase, but at this time they were not sure which operator would be running the housing. Mr. Nelson
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Minutes/Edina City Council/December 18,2007
introduced Paul May and Dan Green of Miller Dunwiddie, Architects, who using a PowerPoint
presentation reviewed the proposed Preliminary Development Plan for the Gateway Project as follows:
• Proposed NW office building-230 GSF Office space(4-10 stories)with 100 parking stalls
• West parking ramp-proposed at 7 levels-1350 parking stalls
• East office building-260 GSF office space(4-10 stories)with 100 parking stalls
• East parking ramp-proposed at 5 levels-1050 parking stalls
• Hotel 80,000 GSF,150 proposed hotel rooms
• 62 townhouse units (11/2 stories)with 124 enclosed parking stalls
• 366 independent living units with 309 enclosed parking stalls
• 206 assisted living units with 105 parking stalls at grade and 300 enclosed parking stalls
Mr. May and Mr. Green showed graphic depictions of the proposed re-development, outlined proposed
access, egress and streets throughout the development, and displayed views of the site in its present
development plus future depictions from different vantage points in adjoining residential neighborhoods.
The development team answered Council's questions relative to the proposed re-development, phasing,
height of proposed buildings,traffic circulation,busing,and site development.
Public Comment
Dwaine Lindberg, 7200 York Avenue South, represented the Bike Edina Task Force and stated the Task
Force wanted to work with the developer in providing a connection to the promenade.
Ari Nelson Manti, Edina Chamber of Commerce President, 7701 Normandale Boulevard, spoke to the
Chamber's resolutions in support of the proposal.
Gene Persha, 6917 Cornelia Drive, expressed concern over the phasing and length of time until the project
would be complete. He asked about the completion of Burgundy Place, for a tree replacement policy and
that sufficient bike lanes be provided.
Tom Fletcher, 4445 West 77th Street, said he generally supported the proposed redevelopment, but
expressed concern that the project's length of time until completion was very long. Mr. Fletcher asked that
when demolition happened, the developer be required to either commence building or to landscape the
site. He also asked to be involved in any discussion of a median on West 77th Street.
Joellen Deever, 7405 Oaklawn Avenue, read a prepared statement expressing her concerns with the
proposed development.
Dave Born,4701 Hibiscus Avenue,expressed concern with height of the proposed development. He noted
the pedestrian and bike path would be a good addition,but would not be without issues due to proximity
to the golf course.
Member Housh made a motion to close the public hearing. Member Swenson seconded the motion.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
During the Council discussion, concern was expressed regarding the requested change in zoning, the
proposed heights of the office buildings, the expansiveness of the proposed rezoning to MDD-6, traffic
circulation,the view from West 77th Street and the phasing of the development.
Member Swenson made a motion introducing Resolution No. 2007-134 and moving its adoption
granting preliminary development plan and preliminary rezoning for the proposed re-development of
the 77th &Parklawn Area for Wayzata Properties (Gateway)with the following conditions:
1. The Overall Development Plan must be generally consistent with approved Preliminary
Development Plan dated September 28,2007,and revised October 4,2007.
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Minutes/Edina City Council/December 18,2007
2. Sustainable design. The design and construction of the entire project must be done with the
Sustainable Initiatives as outlined in the applicant's narrative.
3. Trail and sidewalk connections must be included as demonstrated and public easements must
be established over all public sidewalks.
4. Dedication of a right-of-way to straighten out the curve at 77th Street and Parklawn (this area
of easement would be subject to approval of the City Engineer).
5. The easternmost entrance off of 77th Street into the senior housing development must be
designed as a shared entrance (with the golf course)
6. The four-story senior independent buildings that face 77th street must be designed so as not
to appear as the back side of buildings.
7. All traffic mitigation measures as required by the Transportation Commission and traffic
study must be followed.
8. The directional flows of the sanitary system must be resolved prior to any construction of the
project.
9. The developer/applicant would be responsible to pay their fair share of any mitigation
measures that would be required as part of an approval of the overall development plan for
the site.
10. All buildings must be built with sprinkler systems,subject to review and approval of the Fire
Marshall.
11. Buildings at 4970 West 77th Street shall be limited to 4 stories or 50 feet,whichever would be
less,and must maintain a 50-foot setback from the rear lot line.
12. Convenience gasoline stations and drive-through windows shall be prohibited on the north
side of 77th Street,
13. Compliance with all of the conditions outlined in the City Engineer's memo dated November
20,2007,
14. The housing within this development must be senior housing;
15. Following completion of the proposed hotel, a large percentage of senior housing must be
built prior to or along with non-residential uses;
16. Bike and bus traffic circulation be carefully considered throughout the development,and
17. With the exception of the buildings at 4930 77th Street West, future buildings North of West
77th Street development will be limited to four stories or 58 feet in height,
Member Housh seconded the motion
Ayes: Housh,Masica,Swenson,Hovland
Nay: Bennett
Motion carried
PUBLIC COMMENT
No one appeared to offer public comment.
FIRST READING GRANTED TO ORDINANCE NO. 2007-21 AMENDING SECTION 180 OF THE
CITY CODE TO REQUIRE REMOVAL OF MEMBERS FROM BOARDS AND COMMISSIONS WHO
FAIL TO COMPLY WITH ATTENDANCE REQUIREMENTS Mr. Hughes reviewed Ordinance No.
2007-21, which had been prepared at the direction of the City Council. The ordinance would amend
Section 180 of the City Code with respect to the attendance requirements of board and commission
members. Mr. Hughes explained the proposed amendment provided that a board, commission or
committee member would be deemed to have resigned if they miss three consecutive meetings or failed to
attend at least 75 percent of the regular or special meetings during a calendar year. The amendment
would take effect for meetings January 2,2008,and later.
Member Masica made a motion granting first reading to Ordinance No. 2007-21 amending Section 180
of the City Code to require removal of members from boards,commissions and committees who fail to
comply with attendance requirements. Member Housh seconded the motion.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
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Minutes/Edina Cif Council/December 18,2007
*SPECIAL ASSESSMENT HEARING DATE SET (1/1510 FOR GARBAGE AND REFUSE REMOVAL
NO. REF-07 Motion made by Member Bennett and seconded by Member Swenson a special assessment
hearing date of January 15,2008,for Garbage and Refuse Removal Project No. REF-07.
Motion carried on a roll call vote-five ayes.
REVIEW AND APPROVE TRAFFIC SAFETY REPORT OF DECEMBER 5,2007 Member Bennett asked a
question regarding parking changes between 4930 and 4948 France Avenue. Mr. Houle explained the
parking changes were an interim measure until the full implementation of the Northeast Edina
Transportation Study recommendations. Following a brief discussion, motion made by Member Bennett
and seconded by Member Masica adopting the Traffic Safety Report of December 5,2007.
Motion carried on a roll call vote-five ayes.
*APPROVAL OF THE 2008-2009 LABOR CONTRACT LOCAL 320 UNION - PUBLIC SAFETY
DISPATCHERS Motion made by Member Bennett and seconded by Member Swenson approving the
2008-2009 Labor Contract for Local 320 Union-Public Safety Dispatchers.
Motion carried on a roll call vote-five ayes.
RESOLUTION NO. 2007-131 ACCEPTING VARIOUS DONATIONS Mayor Hovland explained in
order to comply with State Statutes; all donations to the City must be adopted by resolution and approved
by a majority of favorable votes of the Council accepting the donations.
Member Bennett introduced Resolution 2007-131, accepting various donations, and moved approval.
Member Swenson seconded the motion.
Ayes: Bennett, Housh, Masica,Swenson, Hovland
Motion carried.
ANNUAL REAPPOINTMENTS MADE TO BOARDS COMMISSIONS AND COMMITTEES Mayor
Hovland said staff had provided a list of those persons who had submitted their reappointment
applications. Member Bennett made a motion, seconded by Member Housh reappointing those persons
who completed applications requesting reappointment as follows:
Name Committee Term Exp.
Heather Randall King Art Center Board 2/1/2011
John Helling Board of Appeal&Equalization 2/1/2009
Craig Johnson Board of Appeal&Equalization 2/1/2009
Jeffrey Johnson Board of Appeal&Equalization 2/1/2009
Gordon Tuchenhagen Board of Appeal &Equalization 2/1/2009
John Glover Construction Board of Appeals 2/1/2011
Douglas Mayo East Edina Housing Foundation 2/1/2011
Janet Johnson Edina Community Health Committee 2/1/2011
Mark E Johnson Edina Community Health Committee 2/1/2011
Mary Jo Kingston Edina Community Health Committee 2/1/2011
Idelle Longman Edina Community Health Committee 2/1/2011
Mary Brindle Human Rights & Relations Commission 2/1/2011
Wayne Prochniak Human Rights & Relations Commission 2/1/2011
Stephen Brown Planning Commission 2/1/2011
Floyd Grabiel Planning Commission 2/1/2011
Geoffrey Workinger Transportation Commission 2/1/2011
Edward Schwartzbauer Zoning Board of Appeals 2/1/2011
Ayes: Bennett, Housh,Masica,Swenson,Hovland
Motion carried
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Minutes/Edina City Council/December 18,2007
Member Swenson stated she believed the Council needed to consider the reappointment of John Lonsbury
to the Planning Commission for an additional year even though he had reached term limits due to his
leadership of the Comprehensive Plan Task Force. She referred to correspondence received from members
of the Planning Commission relating their concern of losing his leadership during the final phase of the
update to the Comp Plan. The Council discussed the issue with concern expressed over a reappointment
that would not be in line with the term limits policy the Council enacted last year. Consensus was to make
a one year re-appointment due to the special circumstances relating to the completion of the Comp Plan
update. Following the discussion, Member Housh made a motion, seconded by Member Swenson
appointing John Lonsbury to a one year term until February 1, 2009, on the Edina Planning
Commission.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
INDEMNITY AGREEMENT- OPUS NORTHWEST APPROVED Mr. Hughes said the City had entered
into negotiations with Opus Northwest ("Opus') concerning the proposed redevelopment of the Edina
Public Works property and the relocation of the Public Works facility to the Conagra building. He said the
process associated with the City's consideration the projects will be extensive and will continue through
the first half of 2008. This would mean the City would not take possession of the Conagra building until
mid-summer of 2008.
Mr. Hughes stated based on the proposed schedule it would be inadvisable for the City to incur significant
architect fees for possible renovation of a building that the City did not control and there was concern that
delaying the start of architectural drawings for the renovation of the Conagra building would significantly
delay the relocation of Public Works by several months.
Mr. Hughes explained that to resolve the situation,Opus would indemnify the City respect to architectural
fees for schematic design. He said the schematic design process was estimated to take about sixty days
and that it would be complete about the same time Opus would appear before the Council for preliminary
consideration of the redevelopment plan for the existing Public Works site. Mr. Hughes said it was
anticipated that an agreement would be negotiated if preliminary approval was granted that would
address the balance of design services for the renovation. Concluding, Mr. Hughes explained the City
Attorney had drafted an indemnity agreement to cover the schematic design stage of the project.
Member Masica stated that her son was an architect and was employed by Opus. She asked the City
Attorney if this would constitute a conflict. Attorney Knutson asked Member Masica questions to
ascertain whether on not she depended upon her son for any financial support. Based upon Member
Masica's answers Mr. Knutson state he did not believe there was any conflict that would preclude Member
Masica from discussing or voting on the issue.
Following a brief discussion, Member Housh made a motion, seconded by Member Bennett to approve
an indemnity agreement with Opus Northwest,L.L.C.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Bennett and seconded by Member
Swenson approving payment of the following claims as shown in detail on the check register dated
December 6, 2007 and consisting of 27 pages: General Fund $229,668.72; Communications Fund
$6,206.61; Working Capital Fund $202,239.87; Art Center Fund $19,355.07, Golf Dome Fund $2,785.28;
Aquatic Center Fund $382.35; Golf Course Fund $5,031.66; Ice Arena Fund $6,714.67, Edinborough
Centennial Lakes Fund $2,310.97; Liquor Fund $131,809.92; Utility Fund $4,969.28; PSTF Agency Fund
$8,901.09; Total $620,375.49 and for approval of payment of claims dated December 13, 2007 and
consisting of 29 pages: General Fund $124,925.03; Communications Fund $1,149.53, Working Capital
Fund $63,060.64; Construction Fund $2,087.37; Art Center Fund $4,071.84; Golf Dome Fund $215.99;
Aquatic Center Fund $365.00; Golf Course Fund $13,179.92; Ice Arena Fund $29,647.08;
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Minutes/Edina City Council/December 18,2007
Edinborough/Centennial Lakes Fund $10,226.41; Liquor Fund $308,891.25; Utility Fund $461,489.48;
Storm Sewer Fund $753.15; Recycling Fund $34,033.00; PSTF Agency Fund $1,359.99;Total $1,055,455.68
and for October 26, 2007 - November 26, 2007 Credit Card Transactions consisting of one page: Total
$2,281.56.
Motion carried on a roll call vote-five ayes.
RESOLUTION NO. 2007-133 ADOPTED APPROVING THE 2008 OPERATING BUDGET AND
SETTING THE 2008 TAX LEVY, Affidavits of Notice were presented, approved and ordered placed on
file.
Mr. Hughes said adoption of the 2008 Operating Budget and setting the 2008 Tax Levy was the final step
in the process that had begun last summer. He said the Council had been through several reviews and
meetings on the proposed budget culminating in the Truth In Taxation hearing on December 3, 2007. Mr.
Hughes presented the General Fund Budget and tax capacity debt levies. He noted the twenty years of the
referendum levy were set in 1996 when the GO Park and Recreation Bonds Series 1996B were issued and
reset when those bonds were refunded by GO Park and Recreation Bonds Series 1005A. For both issues, all
levies were set by law at 105% of the corresponding annual debt service payments. The debt service fund
was now sufficient to cover any foreseeable tax shortages and a portion of the 2008 levy in excess of the
annual debt service payment could be canceled. Future referendum levies remain at the 105% level and
would require canceling a portion of the levy on an annual basis depending on the amount needed to
maintain a sufficient debt service fund.
Mr. Hughes recommended adoption of Resolution No. 2007-133 approving the budget for 2008
expenditures at $30,536,263.00, the Total Tax Capacity Levy at$22,010,231.00 and the Total Market Value
based Referendum Budget and Levy of$595,438.00. He also requested approval of the transfer of$185,794
surplus gymnasium construction funds to the Series 2005A debt service fund and $650,000 of the General
Fund un-appropriated surplus to the construction fund.
Member Swenson made a motion closing the public hearing.Member Housh seconded the motion.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
Member Masica introduced and moved approval of Resolution No. 2007-133 approving the budget for
2008 expenditures at $30,536,263.00, the Total Tax Capacity Levy at $22,010,231.00 and the Total Market
Value based Referendum Budget and Levy of $595,438.00, and authorizing the transfer of $185,794
surplus gymnasium construction funds to the Series 2005A debt service fund and $650,000 of the
General Fund un-appropriated surplus to the construction fund.Member Swenson seconded the motion
Roll call:
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
RESOLUTION NO. 2007-132 APPROVED - YEAR 2008 PARK AND RECREATION FEES AND
CHARGES Member Swenson asked questions about the fees proposed for the Edinborough Play Park.
Staff said the fees were structured as proposed in order to encourage season passes. Following the
discussion, Member Housh made a motion to adopt Resolution No. 2007-132 setting the 2008
Edinborough Park Admission fees. Member Swenson seconded the motion.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
SECOND READING GRANTED REGARDING ORDINANCE NO. 2007-19 AMENDING CODE
SECTION 185 - INCREASING CERTAIN FEES Mr. Hughes stated there had been no changes to the
proposed 2008 fees set forth in Ordinance No. 2007-19 since it was first presented and granted first
reading.
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Minutes/Edina City Council/December 18,2007
Member Swenson made a motion to grant second reading to Ordinance No.2007-19 amending Schedule
A of Edina Code Section 185,adopting the 2008 fees as presented.Member Housh seconded the motion.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
FIRST READING GRANTED REGARDING ORDINANCE NO. 2007-20 AMENDING UTILITY
RATES FOR 2008 Finance Director Wallin introduced Mark Ruff of Ehlers and Associates to review the
rate study recently updated for the City of Edina. Mr. Ruff used a PowerPoint Presentation and reviewed
the rate study outlining the goals of the utility systems; the fund operations, fund capacities, use of debt,
proposed capital improvements,proposed rates and rate structure.
Council questions included: why were commercial clients billed at Tier 2, what has been constituent
feedback since the three-tier system has been instituted,were the projected increases great enough to make
the funds self sustaining including capital projects, a request for a projection of a third tier for commercial
rates, what effect would that have on all rates throughout the community, residential and commercial,
connection rates study for multiple-unit housing being presented. Following the discussion, Member
Housh made a motion to grant first reading to Ordinance No. 2007-20 amending the utility rates for
2008. Member Swenson seconded the motion.
Ayes: Bennett,Housh,Masica,Swenson,Hovland
Motion carried.
2008-2012 CAPITAL IMPROVEMENT PROGRAM APPROVED Mr. Hughes stated the Capital
Improvement(CIP) program had been presented at a work session. He reminded that the CIP was a one-
year budget and four year plan. Mr. Hughes suggested the two areas that would need additional work
were the Edinborough future plans for improvements in 2010 and the Art Center Project which was shown
also in 2010. He said both projects need greater refinement. Mr. Hughes said that the enterprise business
plans will be presented over the winter months. Mr. Hughes noted that there was $10,000,000 provided
for the Public Works Building project, but added staff would be back within the next month to hold a
public hearing on the potential bond sale for the project and would present greater detail at that time.
Member Bennett requested that a study session be scheduled to review the policy relative to the financing
of traffic calming. Following the discussion, Member Housh made a motion, seconded by Member
Swenson approving the 2008-2012 Capital Improvement Program as presented.
Ayes: Bennett,Housh,Masica,Swenson,Hovland.
Motion carried.
There being no further business on the Council agenda,Mayor Hovland declared the meeting adjourned at
10:20 p.m.
Respectfully submitted,
JJ
Debra A. Mangen,Cii&lerk
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