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Home My WebLink About2015-12-01 City Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER I, 2015 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:07 p.m. 11. ROLLCALL Answering rollcall were Members Brindle, Staunton, Stewart, Swenson, and Mayor Hovland. 111. MEETING AGENDA APPROVED Member Staunton made a motion, seconded by Member Brindle, approving the meeting agenda, as amended to consider Item VI.C. Comprehensive Plan Amendment and Preliminary Development Plan and Rezoning at 6612 Xerxes and 3101 66th Street West for Bull Moose Construction - Resolution No. 2015-119 and Resolution No. 2015-120 prior to Item VI.A. Amending City Code Chapter 2 Section 2-724 Schedule A, Setting Fees for 2016- Ordinance No. 2015-25. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Member Swenson made a motion, seconded by Member Stewart, approving the consent agenda as follows: M.A. Approve regular and work session meeting minutes of November 17, 2015 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated November 12, 2015, and consisting of 37 pages; General Fund $211,347.83; CDBG Fund $43,845.00; Police Special Revenue $740.00; Pedestrian and Cyclist Safety Fund $482.00; PIR Debt Service Fund $875.00; Working Capital Fund $135,091.29; Equipment Replacement Fund $38,701.76; Cando Fund $1,152.76; Art Center Fund $294.19; Golf Dome Fund $4,040.98; Aquatic Center Fund $2,640.00; Golf Course Fund $48,844.91; Ice Arena Fund $39,561.69; Sports Dome Fund $1,115.58; Edinborough Park Fund $13,035.86; Centennial Lakes Park Fund $5,439.26; Liquor Fund $119,742.35; Utility Fund $443,852.76; Storm Sewer Fund $7,542.68; Risk Management ISF $7,637.44; PSTF Agency Fund $5,300.52; Centennial TIF District $18,301.45; Payroll Fund $10,340.94; TOTAL$1,159,926.25 and for receipt of payment of claims dated November 19, 2015, and consisting of 35 pages; General Fund $366,623.10; Police Special Revenue $1,191.16; Pedestrian and Cyclist Safety Fund $84.00; Arts and Culture Fund $500.00; Working Capital Fund $6,006.03; Cando Fund $18,306.90; Art Center Fund $2,434.55; Golf Dome Fund $167.24; Aquatic Center Fund $59.65; Golf Course Fund $432,261.98; Ice Arena Fund $7,824.39; Sports Dome Fund $6,969.11; Edinborough Park Fund $9,008.79; Centennial Lakes Park Fund $1,268.88; Liquor Fund $291,494.49; Utility Fund $39,372.55; Storm Sewer Fund $1,004.47; Recycling Fund $36,187.38; Risk Management ISF $252.95; PSTF Agency Fund $4,839.40; TOTAL$1,225,857.02 IV.C. Adopt Ordinance No. 2015-24, Amending Chapter 2 Concerning Boards and Commissions IV.D. Approve 2016 Calendar of Meetings with Revisions IV.E. Adopt Resolution No. 2015-117, Approving Ambulance and Miscellaneous Fire Fees for 2016 IV.F. Adopt Resolution No. 2015-118, Approving Park and Recreation Fees for 2016 IV.G. Approve 2016 Human Services Funding Recommendation Page 1 Minutes/Edina City Council/December 1, 2015 IV.H. Request for Purchase, Finance Department Utility Billing Electronic Bill Pay and Presentment, awarding the bid to the recommended bidder, Paymentus at $1.90 per transaction IV.I. Adopt Resolution No. 2001-122, Approving Deferral of Special Assessments IV.J. Approve 2016 Board/Commission Applicant Interview Dates IV.K. Approve Local 44 2016-2017 Bargaining Unit Contract IV.L. Approve Cooperative Agreement between Edina and the Nine Mile Creek Watershed District for the Nine Mile Creek Restoration Project Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS None. VI. PUBLIC HEARINGS HELD—Affidavits of Notice presented and ordered placed on file. VI.C. COMPREHENSIVE PLAN AMENDMENT AND PRELIMINARY DEVELOPMENT PLAN AND REZONING AT 6612 XERXES AND 3101 66TH STREET WEST FOR BULL MOOSE CONSTRUCTION — RESOLUTION NO. 20I S-119 AND RESOLUTION NO. 20I S-120 ADOPTED Community Development Director Presentation Community Development Director Teague shared that Bull Moose Construction was proposing to tear down the old Best Buy retail building at 3101 666 Street W and the single family home at 6612 Xerxes Avenue and build a six-story, 210 unit apartment with an attached 1,760 square foot coffee shop with outdoor seating on York Avenue. To accommodate the request, three amendments to the Comprehensive Plan were requested: height increase from 70 feet to 75 feet, housing density increase from 75 units to 105 units per acre, and re-guiding the single-family home from Low Density Residential to Community Activity Center. The following land use applications were also requested: preliminary rezoning from Planned Commercial District and Single Dwelling Unit District to Planned Unit Development and preliminary development plan. Mr. Teague presented maps of the area and revisions from the original sketch plan. The Planning Commission and staff recommended approval. Proponent Presentation Kurt Krumenauer, Bull Moose Construction, introduced Pete Keely, Collage Architects. Mr. Keely discussed the pedestrian connection on the northwest corner, talked about underground parking, and presented the materials board. Mr. Keely answered questions of the Council relating to wheelchair accessibility, shadow effect, and the Southdale principles. Mayor Hovland opened the public hearing at 7:51 p.m. Public Testimony Nancy Bahr, 6620 Xerxes Avenue, addressed the Council. Todor Braianova, 6616 Xerxes Avenue, addressed the Council. George Griffiths,4444 Dunham Dive, addressed the Council. Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Mr. Teague addressed issues raised during public testimony, describing City code requirements for parking and how the applicant was meeting or exceeding requirements. Page 2 Minutes/Edina City Council/December 1, 2015 Mr. Keely answered questions relating to parking, privacy screening to the South, and emergency vehicle access to the site. Chuck Ricket, WSB and Associates, answered questions concerning parking and trips generated. Member Swenson introduced and moved adoption of Resolution No. 2015-1 19, Approving a Comprehensive Plan Amendment Regarding Density, Height, and Land Use, subject to Metropolitan Council approval. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. The Council continued to discuss the project and possible future development in this area. Manager Neal discussed the possibility of creating a redevelopment district or tax abatement district. The Council decided to add language to Condition of Approval No. 7. stating, "...and City staff and the developer will explore expanding affordable housing units to ten percent (10%) with potential funding from the Edina Housing Foundation. The Council also added Condition of Approval No. 12. stating, "Applicant agrees to cooperate in efforts by the City to capture future value to fund infrastructure.' and Condition of Approval No. 13. stating, "Submittal of a Construction Management Plan." Member Brindle introduced and moved adoption of Resolution No. 2015-120, Approving Preliminary Rezoning from PCD-3, Planned Commercial District and R-1, Single Dwelling Unit District to PUD, Planned Unit Development and Preliminary Development Plan for 6612 Xerxes Avenue and 3101 66th Street West, subject to the following conditions: I. The Final Development Plans must be generally consistent with the Preliminary Development Plans dated October 12 and 30, 2015. Final plans must show all mechanical equipment and the means to screen it. No ground level mechanical equipment shall be located in front of the building on a public street. 2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. 3. The Final Lighting Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. 4. Submittal of a complete sign plan for the site as part of the Final Development Plan application. Signage should include monument sign locations and size, way finding signage, and wall signage. S. Compliance with all of the conditions outlined in the director of engineering's memo dated November 5, 2015. 6. As part of a Developer's Agreement, the property owner would be required to participate in appropriate cost sharing improvements to the 66th and York intersection, which may include elimination of the right turn lane, providing green space and improving pedestrian crossings. 7. Five percent (5%) of the housing units shall be designed for affordable housing. Specific detail would be determined at the time of final approval. Explore increasing the affordable housing units to ten percent(10%) with the Edina Housing Foundation. 8. Sustainable design principles must be used per the application narrative. The building shall be designed to be 15% more energy efficient than the current state energy code guidelines. A plan of how standards are intended to be met must be submitted prior to issuance of a building permit. 9. Final Rezoning is subject to a Zoning Ordinance Amendment creating the PUD, Planned Unit Development for this site. 10.Trash removal and deliveries shall take place off the Southdale Circle entrance. 11. Proposed boulevard trees shall be subject to review and approval of Hennepin County. 12. The Applicant must cooperate and partner with the City to secure to future funding sources for public roadway and improvements and pedestrian crossings. Page 3 Minutes/Edina Cita►Council/December 12015 13. Submittal of a Construction Management Plan, subject to staff approval, prior to issuance of a building permit. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI.A. AMENDING CITY CODE CHAPTER 2 SECTION 2-724, SCHEDULE A, SETTING FEES FOR 2016—ORDINANCE NO. 201S-2S ADOPTED Assistant Finance Director Roggeman shared that each year staff completed a review of fees and charges and recommended those that should be updated. A public hearing was required and staff recommended waiving second reading. Mayor Hovland opened the public hearing at 8:46 p.m. Public Testimony No one appeared to comment. Member Stewart made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Brindle made a motion to grant First and waive Second Reading adopting Ordinance No. 2015-2S, Amending City Code Chapter 2, Section 2-724, Schedule A, Setting Fees for 2016. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI.B. SETTING 2016 TAX LEVY AND ADOPTING 2016 OPERATING BUDGET— RESOLUTION NO. 2015-121 POSTPONED TO DECEMBER IS, 2015, CITY COUNCIL MEETING Manager Neal explained this process involved a lot of input from staff and Council and tonight Mr. Roggeman would present the 2016 Tax Levy and Operating Budget for the Council's consideration. Mr. Roggeman presented a definition of terms, the biennial budget process and timeline, 2016-2017 budget challenges and work plan themes, 2016 budget options, and tax comparisons. Staff recommended the preliminary levy be approved as final as shown in Resolution No. 2015-121. It was noted that, the Council would be required by statute adopt an operating budget no later than the December 15, 2015, City Council meeting. Mr. Roggeman answered a question of the Council relating to tax capacity. Mayor Hovland opened the public hearing at 9:20 p.m. Public Testimony Chris Johnson, 5308 Highwood Drive W, addressed the Council. Chris Dorsey, 5513 Meritt Circle, addressed the Council. Russell Fystrom, 3329 55th Street W, addressed the Council. Bethany Michaelson,4520 56th Street W, addressed the Council. Roberta Rand, 6924 Cornelia Drive, addressed the Council. Page 4 Minutes/Edina City Council/December 1. 2015 Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. At the Council's request, Bob Wilson, City Assessor, described the process of notification, Board of Appeals process, and opportunities for relief. Mr. Neal explained the City's use of liquor profits to first cover recreation enterprises and with any surplus going to the operating budget. The Council decided to postpone action on the levy and budget until the December 15, 2015, City Council meeting in order to continue consideration all of options. Member Swenson made a motion, seconded by Member Stewart, to postpone action on the 2016 Tax Levy and Operating Budget to the December 15, 2015, City Council meeting. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI.C. COMPREHENSIVE PLAN AMENDMENT AND PRELIMINARY DEVELOPMENT PLAN AND REZONING AT 6612 XERXES AND 3101 66TH STREET WEST FOR BULL MOOSE CONSTRUCTION—RESOLUTION NO. 201 S-119 AND RESOLUTION NO. 201 S-120 This item was considered prior to Agenda Item VI.A. VII. COMMUNITY COMMENT Yolanda Petre, 6932 Cornelia Drive, stated she represented a group from Cornelia Drive that had three requests: a meeting with the project team; continued open channel for communication; and, a project delay until all details were examined. Grace Nimmons, 6217 Belmore Lane, expressed concern for Edina residents who received their mail through the Hopkins postal system. She felt she was missing important mail from the City of Edina. Ms. Nimmons also expressed concerned over the six-hour parking statute stating it was not widely advertised or known. Roberta Rand, 6924 Cornelia Drive, expressed concern over the possible loss of 60-year-old trees due to the sidewalk construction planned for Cornelia Drive V111. REPORTS/RECOMMENDATIONS VIII.A. APPROVE LEASE AGREEMENT WITH COOPERATIVE ENERGY FUTURES FOR COMMUNITY SOLAR GARDEN ON PUBLIC WORKS BUILDING— REFERRED TO LEGAL COUNSEL AND POSTPONED TO DECEMBER 15, 201 S, CITY COUNCIL MEETING Engineer Bintner explained that in August 2015 the Council directed staff to develop a request for proposal from solar developers for a Community Solar Garden. On October 20, 2015, the Council authorized staff to sign a letter of intent to negotiate a lease agreement with Cooperative Energy Futures partnered with Innovative Power Systems. Mr. Bintner discussed lease terms, benefits, risks, and next steps. Mr. Bintner answered questions of the Council relating to risks for the City and the ability to advertise. The Council pointed out several areas of concern with the proposed lease as written. Mr. Neal recommended the Council not take action of the lease and have staff work with its legal counsel to make revisions. The matter will be brought back for consideration at the December 15, 2015 meeting for consideration. VIII.B. RESOLUTION NO. 20IS-113 ADOPTED — ACCEPTING VARIOUS GRANTS AND 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 Swenson introduced and moved adoption of Resolution No. 2015-113 accepting various grants and donations. Member Stewart seconded the motion. Page 5 Minutes/Edina City Council/December I, 2015 Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.B. DISBANDING OF BIKE EDINA WORKING GROUP—Received IX.C. MINUTES. 1. ENERGY AND ENVIRONMENT COMMISSION, OCTOBER 8, 201S 2. ARTS AND CULTURE COMMISSION, AUGUST 27, 201 S 3. EDINA TRANSPORTATION COMMISSION, OCTOBER 22, 2015 4. PLANNING COMMISSION, OCTOBER 28, 2015 S. HUMAN RIGHTS AND RELATIONS COMMISSION, OCTOBER 27, 201 S Informational; no action required. X. AVIATION NOISE UPDATE—Received XI. MAYOR AND COUNCIL COMMENTS—Received XII. MANAGER'S COMMENTS— Received X111. SCHEDULE OF MEETINGS, EVENTS AND DATES AS OF OCTOBER 1, 201 S—Received XIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 11:20 p.m. Respectfully submitted, ebrM. ngen, City Cle Minutes approved by Edina City Council, December 15, 2015. James B. Hovland, Mayor Video Copy of the December I, 2015, meeting available. Page 6