HomeMy WebLinkAbout2009-06-16 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JUNE 16, 2009
7:00 P.M.
ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, and Mayor Hovland.
Absent at rollcall was Member Swenson.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh and seconded by
Member Brindle approving the Council Consent Agenda as submitted.
Rollcall:
Ayes: Bennett, Brindle, Housh, Hovland
Motion carried.
*MINUTES APPROVED — REGULAR MEETING OF JUNE 2. 2009 Motion made by Member
Roush and seconded by Member Brindle approving the minutes of the Regular Meeting of
June 2, 2009.
Motion carried on rollcall vote —four ayes.
PUBLIC HEARING HELD — FINAL DEVELOPMENT PLAN AND FINAL REZONING —
RESOLUTION NO. 2009-57 AND ORDINANC O. 850-A33 ADOPTED Affidavits of Notice
presented and ordered placed on file.
Planning Director Presentation
Planning Director Teague presented the request of Ebenezer Society, on behalf of the 7500 York
Cooperative, for Final Rezoning from Planned Residential District (PRD-4) to Planned Senior
Development District (PSR-4), Final Development Plan, Variance for maximum square footage (17
dwelling units), Setback Variance from Edinborough Way (three feet), and Final Plat approval. Mr.
Teague reported the recommendations for approval by the Zoning Board of Appeals and Planning
Commission. He indicated staff had found: the proposed use and rezoning were reasonable for
this site, senior housing was compatible with nearby uses, the PSR-4 zoning district was
appropriate, variances justified, and he recommended approval.
The Council asked questions of Mr. Teague and City Manager Hughes about the PRD-4 and PSR-
4 District standards, parking spaces, unit size, and density. The Council discussed Code language
and the possible need for an amendment to the zoning ordinance or a variance to allow the
proposed efficiency units.
Proponent Presentation
Mark Thomas, President and CEO of the Ebenezer Society and President of the Senior Services
Division of Fairview Health Services, presented the Society's application, reported the membership
overwhelmingly supported the project, and requested the Council's approval. Ward Isaacson,
Pope Architects, presented the project under consideration to build a 76-unit, four-story addition to
the northwest side of the existing 337-unit, nine-story senior housing development.
The Council asked questions of Mr. Isaacson about the project and sustainable features. Mr.
Thomas advised that Ebenezer received financing and could begin the project in September of
2009.
Mayor Hovland opened the public hearing at 7:47 p.m.
Public Testimony
Albert Mayer, President of 7500 York Cooperative, addressed the Council and spoke on behalf of
the project.
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Minutes/Edina City Council/June 16, 2009
Brad Beard, 6516 Waterman Avenue, addressed the Council and spoke on behalf of the project.
Member Brindle made a motion, seconded by Member Housh to close the public hearing.
Ayes: Bennett, Brindle, Housh, Hovland
Motion carried.
Attorney Knutson advised that a Code text amendment was needed to allow efficiency apartments.
He stated such an amendment could be considered by the Planning Commission on July 1, 2009,
and the City Council on July 7, 2009. The Council discussed the affirmative vote taken by a high
percentage of cooperative members and the need for a Code text amendment.
Member Bennett introduced and moved adoption of Resolution No. 2009-57, approving a
Final Development Plan with variances and Final Plat for 7500 York Avenue Cooperative
subject to the following findings for the Final Development Plan:
1. The proposed plans are consistent with the approved Preliminary Development
Plan.
2. The proposed addition is consistent with the multiple family housing
developments to the north, south, east, and west.
3. The proposed density is compatible with densities in the area.
4. Given the City of Edina's aging population, senior housing is a need in the City.
5. The existing roadways would support the proposed project.
6. On May 27, 2009, the Planning Commission unanimously recommended approval
of the Final Development Plan and Rezoning.
And findings for the variances:
1. There is a unique hardship to the property caused by the location of the existing
underground parking deck, which would not support the proposed addition. In addition,
the proposed building location avoids the large open space and garden area along York
Avenue. Therefore, the applicant is forced to develop a site plan by working around this
structure and the open space.
2. The proposed four-story addition is reasonably sized given the height of the existing
building and the height of buildings in the area. The density of the project allowed by
City Code would be 44 units per acre. The applicant is proposing a density of 36 units.
Therefore, the proposed building is reasonably sized and a reasonable request given the
practical difficulty of having to design a building around the underground parking ramp.
3. The building layout of the area where the variance is requested was driven by the
Alzheimer's floor. The rooms are very small. To take three feet off any of the rooms
would not be practical given the needs within the facility, including room windows.
Eliminating the variance would create obstacles and safety issues for the memory care
residents.
4. The setback variance is for a minor three-foot intrusion into the required setback.
5. The requested setback variance for the building is adjacent to a parking lot to the west.
6. The majority of existing units within the existing building do not conform to the
maximum standard of 850 square feet for two-bedroom units and 700 square feet for
one-bedroom units.
7. It would be reasonable to allow housing units within the addition to be consistent with
the existing units.
8. The intent of the maximum square footage standards was to ensure some affordable
housing for the Planned Senior Residential Districts. Of the total 76 units, 59 proposed
units conform to the maximum requirement(78%).
9. The average unit size is 601 square feet, well below the maximum size requirement.
10. The Zoning Ordinance requirement for maximum unit sizes for senior housing should be
reconsidered for its appropriateness by the Planning Commission and City Council.
And subject to the following conditions:
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Minutes/Edina City Council/June 16, 2009
1. The site must be developed and maintained in conformance with the following plans,
unless modified by the conditions below:
• Site plan date stamped April 24, 2009,
• Grading plan date stamped April 24, 2009,
• Landscaping plan date stamped April 24, 2009,
• Building elevations date stamped April 24, 2009, and
• Building materials board as presented at the Planning Commission and City
Council meeting.
2. The following must be submitted to the City before a building permit is issued:
a. 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.
b. Per Section 850.10, Subd. 3.6 of the City's Zoning Ordinance, a letter of credit,
performance bond, or cash deposit must be submitted in the amount equal to 150%
of the proposed landscaping.
3. The property owner is responsible for replacing any required landscaping that dies.
4. Compliance with the conditions required by the City Engineer in his memo dated May
21, 2009.
5. The design and construction of the project must be done with the sustainable initiatives
as outlined in the applicant's narrative within the staff report.
6. All buildings must be built with sprinkler systems, subject to review and approval of the
Fire Marshal.
7. The Final Plat submitted by Seventy-Five Hundred York Cooperative, fee owner, entitled
Seventy-Five Hundred York Campus, is hereby approved.
And to adopt Ordinance No. 850-A33 including waiver of second reading, rezoning 7500
York Avenue from PRD-4, Planned Residential District to PSR-4, Planned Senior
Development District.
Member Housh seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Hovland
Motion carried.
Member Brindle made a motion, seconded by Member Housh, to set a public hearing for
July 7, 2009, to consider an amendment to Edina Code Section 850.13 subd. 7C Planned
Senior Development District (PSR) to allow for efficiency units.
Ayes: Bennett, Brindle, Housh, Hovland
Motion carried.
*AWARD OF BID — INSURANCE RENEWALS: WORKERS COMPENSATION, GENERAL
LIABILITY AND PROPERTY Motion made by Member Housh and seconded by Member
Brindle awarding the bid for worker's compensation at $446,915.00; general liability
insurance at $338,105; and property insurance at $75,966.00 to the recommended low
bidder, Travelers.
Motion carried on rollcall vote —four ayes.
*AWARD OF BID— CONTRACT NO. ENG 09-11 ST. JOHN'S PARK NEIGHBORHOOD STREET
Motion made by Member Housh and seconded by Member Brindle awarding the bid for St.
John's Park neighborhood reconstruction: Contract No. ENG 09-11 Improvement Nos. BA-
357, SS-445, STS-352 and WM-487 to the recommended low bidder, Midwest Asphalt at
$1,586,586.38.
Motion carried on rollcall vote —four ayes.
*AWARD OF BID — CONTRACT NO. PK09-2PK PARK PARKING LOT AND PATHWAY
IMPROVEMENT MAINTENANCE Motion made by Member Housh and seconded by Member
Brindle awarding the bid for Bredesen Park pathway, Braemar Golf Course parking lot,
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Minutes/Edina City Council/June 16 2009
Highlands Park parking lot, and Edinborough Park entryway and sidewalk renovations to
the recommended low bidder, Bituminous Roadways at$319,421.00.
Motion carried on rollcall vote—four ayes.
RESOLUTION NO. 2009-56 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. 2009-56 accepting various
donations. Member Housh seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Hovland
Motion carried.
*TRAFFIC SAFETY REPORT OF JUNE 3 2009 ACCEPTED Motion made by Member Housh
and seconded by Member Brindle to accept the June 3, 2009, Traffic Safety Report.
Motion carried on rollcall vote —four ayes.
*CHOWEN PARK GARDEN CONTINUED Motion made by Member Housh and seconded by
Member Brindle to continue consideration of Chowen Park Garden to July 21, 2009.
Motion carried on rollcall vote —four ayes.
*RESOLUTION NO. 2009-58 ADOPTED GRANT AGREEMENT WITH MINNESOTA
HISTORICAL SOCIETY Motion made by Member Housh and seconded by Member Brindle to
adopt Resolution No. 2009-58 authorizing acceptance of a certified local government grant
from the Minnesota Historical Society.
Motion carried on rollcall vote —four ayes.
*RESOLUTION NO. 2009-53 ADOPTED APPROVING LOT DIVISION 4306 GRIMES AVENUE
4201 MORNINGSIDE ROAD Motion made by Member Housh and seconded by Member
Brindle to adopt Resolution No. 2009-53 approving a Lot Division of 4201 Morningside Road
and 4306 Grimes Avenue.
Motion carried on rollcall vote—four ayes.
COMMUNITY COMMENT
No one appeared to comment.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Housh and seconded by
Member Brindle approving payment of the following claims as shown in detail on the Check
Register dated June 4, 2009, and consisting of 30 pages: General Fund $99,935.39;
Communications Fund $33,670.55; Police Special Revenue $2,798.85; Working Capital Fund
$118,370.10; Art Center Fund $19,063.61; Aquatic Center Fund $6,815.70; Golf Course Fund
$25,326.88; Ice Arena Fund $1,217.14; Edinborough/Centennial Lakes Fund $15,853.55;
Liquor Fund $69,146.83; Utility Fund $59,362.17; Storm Sewer Fund $1,873.24; PSTF Agency
Fund $23,014.68; TOTAL $476,448.69 and for approval of payment of claims dated June 11,
2009, and consisting of 36 pages: General Fund $115,147.03; Communications Fund
$382.70; Police Special Revenue $141.79; Working Capital Fund $22,906.08; Construction
Fund $1,992.14; Art Center Fund $6,292.21; Golf Dome Fund $1,417.53; Aquatic Center Fund
$13,029.17; Golf Course Fund $35,585.67; Ice Arena Fund $24,906.65;
Edinborough/Centennial Lakes Fund $15,920.62; Liquor Fund $275,664.85; Utility Fund
$409,797.48; Storm Sewer Fund $3,406.66; PSTF Agency Fund $4,128.48; TOTAL
$930,719.06; and Credit Card Transactions dated April 28— May 25, 2009; TOTAL $6,124.73.
Motion carried on rollcall vote —four ayes.
PETITION DENIED — COUNTRY CLUB ROADWAY RECONSTRUCTION PROJECT
Engineer/Public Works Director Houle presented the petition to redesign the intersection of Drexel
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Minutes/Edina City Council/June 16, 2009
Avenue and Country Club Road and rationale for staff's recommendation of denial. The Council
asked questions of Mr. Houle and determined the matter had been thoroughly deliberated and the
public process was adequate.
Member Brindle made a motion, seconded by Member Housh, to deny the petition for
Country Club roadway reconstruction based on the rationale that adequate public process
had taken place regarding the design and incorporation of traffic calming modifications
prior to award of bids for the Country Club area sewer, water, and street reconstruction
project.
Ayes: Bennett, Brindle, Housh, Hovland
Motion carried.
*PETITION RECEIVED — REQUESTING SIDEWALK WEST FRONTAGE ROAD, BENTON
AVENUE TO VALLEY VIEW ROAD Motion made by Member Housh and seconded by
Member Brindle to receive the petition requesting sidewalk along West TH100 frontage road
from Benton Avenue to Valley View Road and refer it to the Engineering Department for
processing as to feasibility.
Motion carried on rollcall vote —four ayes.
There being no further business on the Council Agenda, Mayor Hovland declared the meeting
adjourned at 8:23 p.m.
Respectfully submitted,
De A M n en, C' Clerk
Minutes approved by Edina City Council, July 7, 2009.
Jam s . Hovland, Mayor
Video Copy of the June 16, 2009, meeting available.
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