HomeMy WebLinkAbout2016-10-05 City Council Regular Meeting Minutes MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
OCTOBER 5, 2016
7:00 P.M.
I. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:03 p.m.
11. ROLLCALL
Answering rollcall were Members Brindle, Staunton, Stewart, Swenson, and Mayor Hovland.
111. MEETING AGENDA APPROVED
Member Brindle made a motion, seconded by Member Swenson, approving the meeting
agenda.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
IV. COMMUNITY COMMENT
Bob Moore, Edina Historical Society, invited the public to attend the new exhibit at Southdale Mall
recognizing it as a cultural landmark as the first enclosed climate-controlled shopping center constructed in
1956.
V. CONSENT AGENDA ADOPTED
Member Staunton made a motion, seconded by Member Stewart, approving the consent
agenda as revised to remove Item V.J., Acceptance of Master License Agreement with
Horizon, as follows:
V.A. Approve Minutes of September 20, 2016 Work Session and September 20, 2016
Regular City Council Meetings
V.B. Receive Payment of Claims as Per: Pre-List Dated September 22, 2016 and consisting
of 26 pages; General Fund $349,354.77, Police Special Revenue $680.31, Pedestrian
And Cyclist Safety $153,895.08, Working Capital Fund $823,479.95, Equipment
Replacement Fund $180,904.00, Art Center Fund $10,980.49, Aquatic Center Fund
$41.75, Golf Course Fund $4,445.49, Ice Arena Fund $40,096.41, Sports Dome Fund
$121.48, Edinborough Park Fund $5,201.58, Centennial Lakes Park Fund $596.38,
Liquor Fund $209,826.70, Utility Fund $399,745.27, Storm Sewer Fund $211,969.64,
PSTF Agency Fund $145,920.62, Centennial TIF District $14,471.97; TOTAL:
$2,551,731.89 and per Pre-List Dated September 29, 2016 and consisting of 36 pages;
General Fund $286,868.12, Police Special Revenue $4,116.45, Pedestrian And Cyclist
Safety $46,459.18, Arts And Culture Fund $54.00, Working Capital Fund $838,798.36,
PIR Construction Fund $14,253.24, Equipment Replacement Fund $47,669.28, Cando
Fund $75.90, Art Center Fund $1,624.77, Golf Dome Fund $876.36, Aquatic Center
Fund $13,314.64, Golf Course Fund $27,724.26, Ice Arena Fund $21,220.12,
Edinborough Park Fund $18,074.98, Centennial Lakes Park Fund $3,051.63, Liquor
Fund $164,841.15, Utility Fund $408,640.88, Storm Sewer Fund $258,162.73, Risk
Mgmt ISF $26,348.1 1, PSTF Agency Fund $537.86, Centennial TIF District $4,153.50,
Southdale 2 District $680.00, Payroll Fund $2,590.30; TOTAL: $2,190,135.82 and
Credit Card Transactions June 27, 2016 —July 24, 2016 TOTAL: $31,079.27
V.C. Adopt Resolution No. 2016-100 Authorizing Grant Application to Minnesota
Department of Employment and Economic Development for New Medical Office
Building Located at 7700 France Avenue
V.D. Adopt Resolution No. 2016-101 Authorizing Hennepin County Grant Application for
New Medical Office Building Located at 7700 France Avenue
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Minutes/Edina City Council/October 5, 2016
V.E. Adopt Resolution No. 2016-102 Authorizing Grant Application for Metropolitan
Council's Tax Base Revitalization Account for New Medical Office Building Located at
7700 France Avenue
V.F. Approve Request for Purchase Cardiac Monitors for Fire Department, awarding the
bid to the recommended low bidder, Zoll Medical Corporation for $142,565.96
V.G. Adopt Resolution No. 2016-88 Appointing Election Judges for November 8, 2016
V.H. Adopt Resolution No. 2016-104 Setting Public Improvement Hearing for November
1, 2016, for Parklawn Avenue Reconstruction
V.I. Adopt Ordinance 2016-15 Amending Chapter 24 of Edina City Code
V.j. Acceptance of Master License Agreement with Verizon
V.K. Approve Authorization to Participate in 2017-2018 Fuel Consortium
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
V.J. ACCEPTANCE OF MASTER LICENSE AGREEMENT WITH VERIZON —APPROVED
Council thanked staff for their work on improving cell service in the area as well as additional revenue for
use of City right-of-way. Member Staunton made a motion, seconded by Member Swenson,
approving acceptance of Master License Agreement with Verizon.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Vt. SPECIAL RECOGNITIONS AND PRESENTATIONS
None
VII. PUBLIC HEARINGS HELD —Affidavits of Notice presented and ordered placed on file.
VII.A. WEED MOWING, IMPROVEMENT NO. WD-I6, RESOLUTION NO. 2016-91 —ADOPTED
Public Works Director Presentation
Public Works Director Olson stated the Parks and Recreation Maintenance Department cut weeds on 19
properties which involved costs associated with the use of a tractor and staff time. He described the
resident notification process and outlined costs that should now be assessed to the property owner for
payment to the City.
Mayor Hovland opened the public hearing at 7:09 p.m.
Public Testimony
None
Member Staunton made a motion, seconded by Member Stewart, to close the public
hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Brindle introduced and moved adoption of Resolution No. 2016-91, Levying Special
Assessments for Improvement No. WD-16 Weed Mowing. Member Swenson seconded the
motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.B. 50TH AND FRANCE MAINTENANCE IMPROVEMENT NO. M-I6, RESOLUTION NO.
2016-92 ADOPTED
Public Works Director Presentation
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Minutes/Edina City Council/October S. 2016
Mr. Olson presented an Analysis of Assessment, Final Assessment Roll, and Certificate of Mailing including
Notice of Public Hearing and other supporting documentation for each proposed assessment. Mr. Olson
shared the methodology for assessing the maintenance expenses for the 50th France business district,
stating there was a concerted effort from the Assessing Department on how to measure the area for each
of the businesses that were eligible to be assessed. This methodology change presented an increase of
square feet to be assessed. The results identified 416,768 square feet for assessment and since the project
was completed in 2015, there was only a slight increase of approximately $10,000. However, there may be
additional expenses in 2016 payable in 2017. The cost per square for Maintenance Improvement No. M-16
was $0.5990.
Mayor Hovland opened the public hearing at 7:13 p.m.
Public Testimony
None
Member Brindle made a motion, seconded by Member Swenson, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Swenson introduced and moved adoption of Resolution No. 2016-92, Levying
Special Assessments for Public Improvements, 50th and France Maintenance Improvement
No. M-16. Member Stewart seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.C. GRANDVIEW BUSINESS DISTRICT MAINTENANCE IMPROVEMENT NO. G-16,
RESOLUTION NO. 2016-93—ADOPTED
Public Works Director Presentation
Mr. Olson presented Analysis of Assessment, Final Assessment Roll, and Certificate of Mailing including the
Notice of Public Hearing, and other supporting documentation for each proposed assessment. He stated
the Grandview Business District maintenance assessment changed from $0.0119 per square foot in 2015
to $0.0227 per square foot in 2016, primarily due to the increased level of maintenance required in the
landscaping within the district.
Mayor Hovland opened the public hearing at 7:15 p.m.
Public Testimony
None
Member Swenson made a motion, seconded by Member Stewart, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Swenson introduced and moved adoption of Resolution No. 2016-93, Levying
Special Assessments for Public Improvements, Grandview Business District Maintenance
Improvement No. G-16. Member Stewart seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.D. AQUATIC VEGETATION, IMP. NO. AQ-I6, RESOLUTION NO. 2016-90—ADOPTED
City Engineer Presentation
City Engineer Millner described the City's Aquatic Vegetation Management Program that was administered
at the request of homeowners and not required by the City or Department of Natural Resources. He
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Minutes/Edina City Council/October 5, 2016
presented the assessments for Arrowhead Lake at $6,478.31 or $179.95 residential equivalent unit (REU);
Indianhead Lake at $5,321.62 or $161.26 per REU. He stated the Mill Pond had not been included in 2014
but could be, noting that following a review of service level and assessment boundary in 2015, a tiered
REU strategy was implemented. The assessment for Mill Pond was $15,056 or $299.92 per REU; $197.95
per .66 REU; and, $98.97 per .33 REU.
Staff answered questions of the Council related to frequency of milfoil removal and assessment costs. Mr.
Millner shared the schedule of removal and said staff would follow-up with residents to determine if the
timing was helpful.
Mayor Hovland opened the public hearing at 7:20 p.m.
Public Testimony
Ralph Zickert, 4311 Cornelia Circle, addressed the Council.
Member Swenson made a motion, seconded by Member Stewart, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Staff answered questions of Council regarding money spent for the Lakes and Ponds Policy and the
chemical treatment for algae.
The Council confirmed the Policy encouraged neighborhoods surrounding lakes to work together to
manage their lake through an association and mechanical harvesting versus chemical harvesting due to
being part of Minnehaha Creek. The Council noted the resolution would not avoid vegetation
maintenance but worked in response to the neighborhood in its entirety.
Member Swenson introduced and moved adoption of Resolution No. 2016-90, Levying
Special Assessments for Public Improvements, Aquatic Vegetation, Imp. No. AQ-16. Member
Brindle seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.E. VALLEY VIEW ROAD RECONSTRUCTION, RESOLUTION NO. 2016-94—ADOPTED
City Engineer Presentation
Mr. Millner summarized the 2015 Street Reconstruction survey results that included the following
neighborhoods: Arden Park D, Birchcrest B, Countryside H, Dewy Hill G, Prospect Knolls B, in addition
to Valley View Road and West 54th Street.
Mr. Millner summarized the Valley View Road improvements, Project BA-377, noting it was a State aid
route so 20% of the costs are assessed and 80% are paid from the gas tax. The costs were as follows:
street at $1,018,611.1 1; storm sewer at $847,288.84; sanitary sewer at $51,900.35; water main at
$187,021.40; and, sidewalks (PACS) at $185,496.82. The City Utility Fund would cover about 48% or
$1,086,210.59 of these costs. The assessment cost of $228,104.77 would be assessed at $7,523.24 per
REU, which was a 31% increase over the estimated assessment of$7,500. Staff recommended approval of
Resolution No. 2016-94.
The Council commented on how well this improvement project had been received.
Mayor Hovland opened the public hearing at 7:40 p.m.
Public Testimony
None
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Minutes/Edina City Council/October S. 2016
Member Brindle made a motion, seconded by Member Swenson, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Stewart introduced and moved adoption of Resolution No. 2016-94, Levying Special
Assessments for Public Improvements, Valley View Road Reconstruction. Member Swenson
seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.F. BIRCHCREST B NEIGHBORHOOD ROADWAY RECONSTRUCTION, RESOLUTION NO.
2016-95 —ADOPTED
City Engineer Presentation
Mr. Millner summarized the Birchcrest B Neighborhood Road improvements and identified the project
area. The costs were as follows: street at $1,702,119.84; storm sewer at $1,031,446.75; sanitary sewer at
$513,595.84; water main at $372,812.19; and, Sidewalks (PACS) at $165,287.81. The City Utility Fund
would cover about 54% or $1,917,854.78 of these costs. The assessment cost of $1,702,1 19.84 would be
assessed at $12,225.24 per REU, which was a 2% reduction over the estimated assessment of $12,500.
Staff recommended approval of Resolution No. 2016-95.
Staff answered questions of the Council related to same unit costs.
Mayor Hovland opened the public hearing at 7:43 p.m.
Public Testimony
Patrick Rounds, 5115 Valley View Road, addressed the Council.
Judd Rietkek, 6109 Tingdale Avenue, addressed the Council.
Al Kilian, 51 12 Roberts Place, addressed the Council.
Member Brindle made a motion, seconded by Member Swenson, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Mr. Millner answered questions of the Council regarding costs on bid results that were below estimated
engineer's assessments, reasons bituminous was the best alternative, sidewalk being part of the change
order, the extra fill costs still within the contingency, estimated assessment costs, and fairly allocating
savings between City and residents.
Member Swenson introduced and moved adoption of Resolution No. 2016-95, Levying
Special Assessments for Public Improvements for Birchcrest B Neighborhood Roadway
Reconstruction. Member Brindle seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.G. ARDEN PARK D AND W. 54TH STREET NEIGHBORHOOD ROADWAY
RECONSTRUCTION, RESOLUTION NO. 2016-96—ADOPTED
City Engineer Presentation
Mr. Millner summarized the Arden Park D and W. 54th Street Neighborhood Road Improvements and
identified the project area. The costs were as follows: street at $2,276,686.96; storm sewer at
$1,290,050.91; sanitary sewer at $1,055,850.81; water main at $1,489,296.87; sidewalks (PACS) at
$110,080.48, and streetlight at $70,560.93. The City Utility Fund would cover about 49% or
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Minutes/Edina City Council/October 5, 2016
$3,835,198.59 (combined with W. 54th Street) of these costs. The assessment cost of $2,276,686.96
would be assessed at $9,549.06 per REU, which was a 15% reduction over the estimated assessment of
$1 1,300. He explained the street project was combined with W. 54th Street, which was a State aid road.
The W. 54th Street assessment cost of $164,444.12 would be assessed at $5,960.28 per REU, which was a
7% reduction over the estimated assessment of $6,400. Staff recommended approval of Resolution No.
2016-96.
Mayor Hovland opened the public hearing at 8:00 p.m.
Public Testimony
None
Member Brindle made a motion, seconded by Member Swenson, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Brindle introduced and moved adoption of Resolution No. 2016-96, Levying Special
Assessments for Public Improvements, Arden Park D and W. 541h Street Neighborhood
Roadway Reconstruction. Member Swenson seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VII.H. COUNTRYSIDE H NEIGHBORHOOD ROADWAY RECONSTRUCTION, RESOLUTION
NO. 2016-97 —ADOPTED
City Engineer Presentation
Mr. Millner summarized the Countryside H Neighborhood Road Improvements and identified the project
area. The costs were as follows: street at $1,564,092.79; storm sewer at $868,455.19; sanitary sewer at
$456,985.76; water main at $242,534.34; and, sidewalks (PACS) at $235,674.88. The City Utility Fund
would cover about 50% or $1,567,975.29 of these costs. The assessment cost of $1,564,092.79 would be
assessed at $9,537.73 per REU, which was a 19% reduction over the estimated assessment of $1 1,732.45.
Staff recommended approval of Resolution No. 2016-97.
Mayor Hovland opened the public hearing at 8:02 p.m.
Public Testimony
None
The Council acknowledged the City had partnered with the school district to provide connectability,
noting the cost of the sidewalk was not part of the proposed assessment.
Member Stewart made a motion, seconded by Member Brindle, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Swenson introduced and moved adoption of Resolution No. 2016-97, Levying
Special Assessments for Public Improvements, Countryside H Neighborhood Roadway
Reconstruction. Member Brindle seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
VILL PROSPECT KNOLLS B AND DEWEY HILL G NEIGHBORHOOD ROADWAY
RECONSTRUCTION, RESOLUTION NO. 2016-98—ADOPTED
City Engineer Presentation
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Minutes/Edina City Council/October 5, 2016
Mr. Millner summarized the Prospect Knolls B Neighborhood Road Improvements and identified the
project area. The costs were as follows: street at $316,003.89; storm sewer at $554,204.97; sanitary
sewer at $142,057.72; and water main at $222,000.16. The City Utility Fund would cover about 62% or
$908,262.85 (combined with Dewey Hill G) of these costs. The assessment cost of$316,003.89 would be
assessed at $8,652.89 per REU, which was a 30% reduction over the estimated assessment of$12,274.
Mr. Millner summarized the Dewy Hill G Neighborhood Road Improvement and identified the project
area. The street assessment cost of $338,563.19 would be assessed at $9,862.02 per REU, which was a
21% reduction over the estimated assessment of $12,507. Staff recommended approval of Resolution No.
2016-98.
Mr. Millner answered questions of the Council related to why the projects were combined, outstanding
issues regarding residents and landscaping, driveway width and fill concerns, hydroseeding progress, and
insurance claim status.
Mayor Hovland opened the public hearing at 8:11 p.m.
Public Testimony
None
Member Swenson made a motion, seconded by Member Brindle, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Swenson introduced and moved adoption of Resolution No. 2016-98, Levying
Special Assessments for Public Improvements, Countryside H Neighborhood Roadway
Reconstruction. Member Stewart seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Council thanked Mr. Millner and staff for their project management.
VII.J. PRELIMINARY AND FINAL REZONING WITH VARIANCES AT 4500 VALLEY VIEW ROAD
FOR PETE— RESOLUTION NO. 2016-89 AND ORDINANCE NO. 2016-I6 ADOPTED
Community Development Director Presentation
Community Development Director Teague presented a proposal requesting approval of preliminary and
final rezoning with variances at 4500 Valley View Road to remodel and expand the existing gas station into
a restaurant. Mr. Teague said the Planning Commission recommended approval of the rezoning and all the
variances with an added condition to require a proof of parking agreement to re-stripe the parking lot for
more spaces, if necessary. The Commission also asked the Council to consider additional landscaping and
benches in the public space at the corner of Valley View and Wooddale.
Staff answered questions of the Council confirming the amount of property being rezoned was just the gas
station portion of the site.
Mayor Hovland opened the public hearing at 8:22 p.m.
Public Testimony
Krista Ramirez, 5917 Concord Avenue, addressed the Council.
Scott Nelson, 4505 Garrison Lane, addressed the Council.
Connie Carrino, 4509 Garrison Lane, addressed the Council.
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Minutes/Edina City Council/October S. 2016
Pete Rifakes, founder of Town Hall Brewery, addressed the Council.
James Westin 4501 Garrison Lane, addressed the Council.
Mary Kosters, 5813 Tingdale Avenue, addressed the Council.
Member Swenson made a motion, seconded by Member Stewart, to close the public hearing.
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Staff answered questions of the Council regarding hours of operation, concerns regarding signage and
setting a precedent for wall signage and image, keeping the existing structure while regenerating character,
adding a finding that the roof sign not be drilled into or obscured, option of a vestibule included heated fan
to keep cold air from coming into the entrance on the corner, creating entrance with more identity such
as a mural that included the sign of Town Hall Station, expanding the screening to behind the signage,
creating safe pedestrian crossing from shops to restaurant, including waste receptacles near the curved
stone wall as well as bike racks for 12 bikes, eliminating one entrance to keep cars away entrances into the
shopping center, soil cleanup responsibility, concerns about underage consumption, public improvements
and cost sharing for sidewalk ratio, and dedication of public gathering space.
Member Staunton introduced and moved adoption of Resolution No. 2016-89, approving
Preliminary and Final Rezoning from PCD-4, Planned Commercial District to PCD-I
Planned Commercial District — I and Site Plan Review with Variances for building setback,
rooftop and pylon signs and parking spaces; and denial of the wall sign variance for 4500
Valley View Road, subject to the following findings for denial of the wall sign variance and
conditions of approval for the above listed variance:
Findings for denial of the wall sign variance subject to the following:
I. Lack of a practical difficulty Denial of the variance would not cause a practical difficulty
for the applicant. Signage could still be applied to the building. The wall sign could be
reduced in size to 15% of the wall face.
2. The City has not granted variances to allow retail signs to exceed the 15% wall face
provision.
3. Approval of the variance could set a precedent for similar requests.
Conditions for approval:
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 July 22, 2016.
• Grading plan date stamped July 22, 2016.
• Landscaping plan date stamped July 22, 2016.
• Building elevations date stamped July 22, 2016.
2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter
36 of the Zoning Ordinance. A performance bond, letter-of-credit, or cash deposit must
be submitted to one and one-half times the cost amount for completing the required
landscaping, screening, or erosion control measures at the time of any building permit.
The property owner is responsible for replacing any required landscaping that dies after
the project is built.
3. Compliance with all of the conditions outlined in the City Engineer's memo dated
September 16, 2016.
4. Provision of code compliant bike racks (5 minimum) near the building entrances.
S. Submit a copy of the Minnehaha Creek Watershed District permit. The City may
require revisions to the approved plans to meet the District's requirements.
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Minutes/Edina City Council/October S. 2016
6. Roof-top mechanical equipment shall be screened from adjacent residential property, per
Section 36-1459 of the City Code.
7. Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of the
Zoning Ordinance. Lighting shall be down lit.
8. Proof of Parking Agreement to re-stripe the parking lot if necessary.
9. City Council approval of a Cost Sharing Agreement for construction of the public
improvements.
Member Swenson seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Member Swenson made a motion to grant First and waive Second Reading adopting
Ordinance No. 2016-I6, Rezoning 4500 Valley View Road from PCD-4 to PCD-I, Planned
Commercial District. Member Staunton seconded the motion.
Rollcall:
Ayes: Brindle, Staunton, Stewart, Swenson, Hovland
Motion carried.
Vlll. REPORTS / RECOMMENDATIONS
VIIIA. SKETCH PLAN: 5109-5125 WEST 49TH STREET. ED BRIESEMEISTER, GREAT OAKS —
REVIEWED
Community Development Director Teague asked Council to provide non-binding comments and
suggestions of a proposal to redevelop three lots into a for-sale condominium project.
Council shared comments about the importance of obtaining the input of neighboring property owners,
increase in elevation of Vernon Avenue/49th Street, the potential for bicycle access in addition to
pedestrian access, screening options including more than trees, discussions that resulted in inclusionary
housing versus affordable housing options, need to mitigate transition to greenspace, and suggested a 96-
foot versus 76-foot difference between buildings. The Council was pleased with the variety of two-
bedroom units and options of more moderate rent amounts in order to encourage residents to remain in
Edina.
Edward Briesemeister, representing Great Oaks, said they would work to make adjacent neighborhood
happy and resolve adjacency issue.
VIII.B. FINAL REZONING, FINAL SITE PLAN WITH VARIANCES, FINAL PLAT AND
DEVELOPMENT CONTRACT FOR OPUS LLC AT 5901 LINCOLN DRIVE, RESOLUTION
NO. 2016-81 AND ORDINANCE NO. 2016-12 —ADOPTED
Community Development Director Teague said that on August 16, 2016, the City Council granted
preliminary approval of this project. The applicant had satisfied the conditions that were required with the
preliminary approval and the proposed plans are consistent with that approval. It was noted the City
Attorney had drafted the development contract.
Member Staunton recused himself from this item, stating his spouse was a member of the leadership team
of Children's Hospital and Clinics of Minnesota, a major tenant of other half of this parcel that was part of
this proposal. Member Staunton stated he shared this conflict at the last meeting, was making the
statement again, and recusing himself from any discussion of this item.
The Council and Mr. Teague discussed the condition of approval on the crosswalk across Lincoln Drive,
lighting issues, sight line, and landscape plans.
Phil Cattanach, representing Opus Development, described berm and other landscape enhancements along
the southern property line, noting that berming plan had been shared with the property owners.
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Minutes/Edina City Council/October S. 2016
Member Swenson introduced and moved adoption of Resolution No. 2016-81 Final Rezoning,
Final Site Plan with Variances, Final Plat and Development Contract for Opus LLC at 5901
Lincoln Drive, conditioned on the following:
I. Subject to staff approval, the site must be developed and maintained in substantial
conformance with the following plans, unless modified by a condition below:
• Site plan date stamped August 26, 2016.
• Grading plan date stamped August 26, 2016.
• Lighting plan date stamped August 26, 2016.
• Landscaping plan date stamped August 26, 2016.
• Building elevations date stamped August 26, 2016.
• Building materials board as presented at the Planning Commission and City
Council meeting.
2. No ground level mechanical equipment shall be located in front of the building on a
public street.
3. The Final Landscape and Irrigation Plan must meet all minimum landscaping
requirements per Chapter 36 of the Zoning Ordinance.
4. The Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of
the Zoning Ordinance.
5. Compliance with all of the conditions outlined in the Director of Engineering's memo
dated June 13, 2016, including the requirement for a development agreement.
6. The applicant is providing fee-in-lieu of affordable housing in the amount of two million
dollars to allow the City to build affordable housing units elsewhere. Payment shall be
due at the time of building permit application.
7. A shared parking arrangement to allow residents and guests to use the parking ramp on
evenings and weekends.
8. The residential site shall be held to the high density residential sign requirements and the
office site the planned office district regulations.
9. A construction management plan shall be submitted at the time of building permit
application; including hours of construction, construction staging, traffic control, parking,
restrictions on parking on Lincoln Drive, and pedestrian access. Construction
management plan shall be subject to approval by City staff.
10. The Park Dedication fee of $1,250,000 shall be paid prior to release of the mylars
approving the Final Plat.
1 1. 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.
12. Additional trail connection shall be made at the southwest corner of the site to connect
the sidewalk along Lincoln Drive to the internal trail on the south and east side of the
building.
13. The boulevard style sidewalk north of the Children's entrance shall meander similar to
the sidewalk south of Children's.
14. Create traffic calming on the south drive entrance to the underground parking.
Member Brindle seconded the motion.
Member Stewart commented that he would be voting against this proposal consistent with his earlier vote.
Ayes: Brindle, Swenson, Hovland
Nays: Stewart
Recused: Staunton
Motion carried.
Member Swenson made a motion to grant Second Reading adopting Ordinance No. 2016-12
Rezoning 5901 Lincoln Drive from PID, Planned Industrial District to MDD-5, Mixed
Development District. Member Brindle seconded the motion.
Roll call:
Ayes: Brindle, Swenson, Hovland
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Minutes/Edina City Council/October 5, 2016
Nays: Stewart
Recused: Staunton
Motion carried.
VIII.C. HUMAN RIGHTS AND RELATIONS COMMISSION (HRRC): INDIGENOUS PEOPLES
DAY DESIGNATION, RESOLUTION NO. 2016-105 —ADOPTED
Human Rights and Relations Commissioner Ellen Kennedy presented the recommendation of the Human
Rights and Relations Commission (HRRC) to recognize the second Monday of October as Indigenous
Peoples Day.
The Council shared comments about displacing Columbus Day, this being a sideways swipe at Italian
Americans and should not displace Columbus Day. The Council agreed the City should celebrate Native
American culture and referred to May as Indian Month and November as federally recognized Native
American Heritage Month.
Ms. Kennedy noted Columbus Day was currently not recognized in the City of Edina and the HRRC was
suggesting adding this as a designation and following the path of other cities such as Minneapolis and St.
Paul. The Council indicated it was not in its purview to create national holidays. Ms. Kennedy said this
was the date chosen by some other native peoples, confirmed no cost would apply, and explained this
action would not nullify the existence of Columbus Day.
Member Brindle introduced and moved adoption of Resolution No. 2016-105 Relating to
Indigenous Peoples Day; Declaring the Second Monday in October as Indigenous Peoples
Day in the City of Edina; Encouraging Other Institutions to Recognize the Day; and
Reaffirming the City's Commitment to Promote the Well-Being and Growth of Edina's and
Minnesota's American Indian and Indigenous Community. Member Staunton seconded the
motion.
Ayes: Brindle, Staunton
Nays: Swenson, Hovland
Abstain: Stewart
Motion failed.
Council directed the HRRC to research designation of May or November as Native American Heritage
Month.
VIII.D. RESOLUTION NO. 2016-103 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. 2016-103 accepting
various grants and donations. Member Brindle seconded the motion.
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, noting the Council had
commented on the algae issue and potentially planting buffer foliage near Lake Cornelius.
IX.B. MINUTES— None
X. AVIATION NOISE UPDATE—Received
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Minutes/Edina City Council/October S. 2016
XI. MAYOR AND COUNCIL COMMENTS— Received
X11. MANAGER'S COMMENTS— Received
XIII. SCHEDULE OF MEETINGS AND DATES AS OF OCTOBER S, 2016— Received
XIV. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned
at 10:46 p.m.
Respectfully submitted,
Debr angen, City CIA
Minutes approved by Edina City Council, October 18, 2016.
James B. Hovland, Mayor
Video Copy of the October 5, 2016, meeting available.
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