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HomeMy WebLinkAbout2016-12-06 City Council Regular Meeting Minutes MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 6, 2016 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:08 p.m. I1. ROLLCALL Answering rollcall were Members Brindle, Staunton, Stewart, Swenson, and Mayor Hovland. III. MEETING AGENDA APPROVED Member Swenson made a motion, seconded by Member Stewart, approving the meeting agenda. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV. COMMUNITY COMMENT No one appeared. V. CONSENT AGENDA ADOPTED Member Brindle made a motion, seconded by Member Stewart, approving the consent agenda as follows: V.A. Approve regular and work session meeting minutes of November 15, 2016 V.B. Receive payment of the following claims as shown in detail on the Check Register dated November 10, 2016, and consisting of 31 pages; General Fund $171,718.19, Police Special Revenue $10,721.28, Pedestrian And Cyclist Safety $9,044.69, General Debt Service Fund $425.00, PIR Debt Service Fund $450.00, Working Capital Fund $83,311.85, PIR Construction Fund $118.58, Equipment Replacement Fund $21,985.80, Art Center Fund $1,568.55, Golf Dome Fund $766.12, Aquatic Center Fund $2,349.38, Golf Course Fund $4,531.81, Ice Arena Fund $44,611.15, Sports Dome Fund $5,661.22, Edinborough Park Fund $8,464.07, Centennial Lakes Park Fund $3,276.69, Liquor Fund $300,593.49, Utility Fund $465,405.66, Storm Sewer Fund $30,376.61, PSTF Agency Fund $17,046.45, Centennial TIF District $199.32; TOTAL $1,182,625.91 and for receipt of payment of the following claims as shown in detail on the Check Register dated November 17, 2016, and consisting of 27 pages; General Fund $125,835.37, Pedestrian And Cyclist Safety $56,193.02, PIR Debt Service Fund $2,170.00, Working Capital Fund $411,810.59, PIR Construction Fund $5,976.25, Equipment Replacement Fund $36,805.75, Art Center Fund $2,346.90, Golf Dome Fund $3,101.13, Aquatic Center Fund $103.52, Golf Course Fund $7,214.64, Ice Arena Fund $27,401.42, Sports Dome Fund $8,734.21, Edinborough Park Fund $5,608.79, Centennial Lakes Park Fund $225.07, Liquor Fund $128,375.00, Utility Fund $69,657.93, Storm Sewer Fund $12,797.89, Recycling Fund $37,184.67, Risk Mgmt ISF $288,088.04, PSTF Agency Fund $15,918.54, Payroll Fund $4,370.86; TOTAL $1,249,919.59 and for receipt of payment of the following claims as shown in detail on the Check Register dated November 23, 2016, and consisting of 31 pages General Fund $308,194.83, Police Special Revenue $1,675.73, Pedestrian And Cyclist Safety $561,819.30, PIR Debt Service Fund $2,585.00, Working Capital Fund $135,650.94 , PIR Construction Fund $26,491.95, Art Center Fund $126.08, Golf Dome Fund $3,566.98, Aquatic Center Fund $308.76, Golf Course Fund $433,317.10, Ice Arena Fund $17,602.81, Sports Dome Fund$278.53, Edinborough Park Fund $2,026.24, Centennial Lakes Park Fund $7,623.70, Liquor Fund $170,507.97, Utility Fund $128,110.16, Storm Sewer Fund $56,727.21, Risk Mgmt ISF $14,451.39, PSTF Agency Page 1 Minutes/Edina City Council/December 6, 2016 Fund $80,014.12, Centennial TIF District $784.00, Payroll Fund $8,997.90; TOTAL $1,960.860.70 V.C. Adopt Ordinance No. 2016-20 Amending Chapter 26 of Edina Code of Ordinances Concerning Bicycle Lanes V.D. Adopt Resolution No. 2016-119 Approving Ambulance and Miscellaneous Fire Fees for 2017 V.E. Approve Minnesota Task Force One Urban Search and Rescue Team Joint Powers Agreement V.F. Accept 2017 Board and Commission Work Plans V.G. Approve 2017 Human Services Funding V.H. Authorize Public Improvements and Special Assessment Agreements V.I. Adopt Resolution No. 2016-129 Approving Deferral of Special Assessments V.J. Approve Public Health Emergency Preparedness Contract Amendment V.K. Adopt Resolution No. 2016-120 Approving Park and Recreation Fees for 2017 V.L. Adopt Resolution No. 2016-130 Approving Amendment to Resolution 2014-84 Yorktown Continental Senior Living Apartments V.M. Approve Request for Purchase: Replacement Laptops for Police Department; awarding the bid to the recommended low bidder, CDWG at $122,209.80 V.N. Approve Easement Agreement 5029 and 5021 Oxford Avenue V.O. Adopt Resolution No. 2016-131 Levying Special Assessment for 51 13 Grove Street Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI. SPECIAL RECOGNITIONS AND PRESENTATIONS VI.A. BLOOMINGTON PUBLIC HEALTH ANNUAL REPORT REVIEW— PRESENTED Community Health Administrator Brown introduced Bonnie Paulsen, Public Health Administrator, who presented a summary of the Bloomington Public Health 2015 Annual Report. Mr. Brown answered questions of the Council related to improvement opportunities, the community's senior population, goals the Public Health Commission was currently working towards, and the Commission's priorities. VI.B. MINNESOTA RECREATION & PARK ASSOCATION AWARD OF EXCELLENCE FOR BRAEMEAR FIELD— RECEIVED Parks & Recreation Director Ann Kattreh introduced Cindy Walsh, Minnesota Recreation and Park Association Awards Committee, who presented the City with the 2015 Award of Excellence for Braemar Field. She stated this award was in the Sponsorship and Partnership award category because of the unique partnership formed with the City of Edina, the Edina Baseball Association, Edina Football Association, Edina Soccer Club, and Edina Lacrosse Association. VI.C. EDINA LIQUOR STRATEGIC PLAN — POSTPONED TO DECEMBER 20, 2016 Motion by Member Stewart, seconded by Member Swenson, to postpone presentation of the Edina Liquor Strategic Plan to December 20, 2016. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VII.A. 2017 BUILDING AND LIQUOR LICENSE FEES, AMENDING CITY CODE CHAPTER 2, SECTION 2-724 SCHEDULE A, SETTING FEES FOR 2017 - ORDINANCE NO. 2016-18 ADOPTED Assistant Finance Director Presentation Assistant Finance Director Sawyer said the Council was asked to hold a public hearing on the proposed building and liquor license fees and charges. He reviewed the proposed fee schedule, stating utility fees were proposed as presented in the Water, Sanitary and Storm Sewer Utility Rate Study prepared by Ehlers & Associates and discussed at the July 7, 2015 work session. He noted 2017 water rates from the City of Page 2 Minutes/Edina City Council/December 6, 2016 Minneapolis have not yet been received and Morningside rates would be established at a later City Council meeting. Mayor Hovland opened the public hearing at 7:39 p.m. Public Testimony No one appeared. Member Swenson 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 second reading and adopt Ordinance No. 2016-18, Amending City Code Chapter 2, Section 2-724 Schedule A, Setting Fees For 2017. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.B. REVIEW OF 2017 OPERATING BUDGET, SETTING 2017 TAX LEVY, ADOPTING 2017 OPERATING BUDGET AND APPROVING THE 2017-2021 CAPTIAL IMPROVEMENT PLAN— RESOLUTION NO. 2016-118 ADOPTED City Manager Presentation City Manager Neal said the proposed 2017 budget would increase the total levy by 6.36% but due to significant growth in the City's tax capacity of 5.5%, the impact would actually be 3.3% for a median single- family home. Finance Director Presentation Finance Director Roggeman stated the City and HRA budget development process began early in 2015 and resulted in a two-year budget so more time could be spent on the Capital Improvement Plan (CIP) in the second year and less time making changes to the operating budget. He reviewed the CIP process and timeline, the 2017 preliminary budget and levies, and tax comparisons. Mr. Roggeman defined terms and proposed projects and compared Edina's tax rates to surrounding cities, noting the City's tax burden was increasing more slowly than other taxing districts in Edina. Council explained how residents who may have experienced a greater than 10% tax increase was typically due to an improvement and was not a static property. Council clarified that while the proposed budget included a 6.3% property tax increase, because property values increased overall by $500 million the average change in property taxes would be $42 per year. It was noted this growth resulted in total values close to $11 billion, placing Edina as the fourth highest in total market value in the State behind Minneapolis and Bloomington but 60% of residents would see no difference in their tax bill. Mayor Hovland opened the public hearing at 7:49 p.m. Public Testimony No one appeared. Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Stewart introduced and moved adoption of Resolution No. 2016-118, Setting 2017 Tax Levy and Adopting 2017 Operating Budget and approving the 2017-2021 Capital Improvement Plan as presented. Member Staunton seconded the motion. Page 3 Minutes/Edina City Council/December 6, 2016 Council complimented staff on the exemplary work provided in the 2017 operating budget and CIP. Council acknowledged it had modified some priorities such as street resurfacing and CIP projects were now reflected as either funded or unfunded, which was important. Council commended staff for listening to their comments and concerns throughout the process, including identification of the appropriate amount of repair and maintenance costs. Comments were shared on the Transportation Advisory Board spending of highway trust dollars and how 100% of funds were spent on preservation which addressed joint repairs in a timely manner. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.C. COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY REZONING AND PRELIMINARY DEVELOPMENT PLAN AND ROADWAY VACATION FOR DJR ARCHITECTS ON BEHALF OF DENNIS DOYLE — RESOLUTION NO. 2016-121, RESOLUTION 2016-122, AND RESOLUTION 2016-125 ADOPTED — ORDINANCE NO. 2016-19 FIRST READING GRANTED Community Development Director Presentation Community Development Director Teague said The Avenue on France redevelopment project would be the largest since Centennial Lakes and involved 22 acres of the Southdale Office Center just west of Southdale itself at 6600-6800 France Avenue. He said the applicant was asked to consider extending the sidewalk wherever possible along France Avenue, Valley View, and West 66th Street and include an art feature at the northeast corner of the site when the medical office phase was developed. Mr. Teague stated consideration of pedestrians was included in the overall development plan with a meandering sidewalk along the internal pedestrian spine between the proposed office and hotel as part of Phase 4. At full buildout, the site would include a new six-story medical building, six-story office building, four-story hotel, new eight-story 70-unit residential condominium, three new one- and two-story retail buildings, and a new single story Bank of America office. The existing buildings would remain including the seven-story office, six-story office, and the Tavern on France Restaurant throughout Phases 2A and 2B. Mr. Teague noted the parking study concluded the existing roadway project could support the project and there would be adequate parking through all phases. The entrance off Valley View Road would be reviewed specifically when the medical office was constructed, which could include a signal as the project was built out over time. He highlighted access points that would be eliminated, including the access off France Avenue by The Tavern. Council inquired about the proposed height of 85 feet and how the Comprehensive Plan said eight stories was 96 feet. Mr. Teague replied that detail would be considered during the site plan review process and could be adjusted in the future when the building was proposed. Staff reviewed building setbacks based on street width and found the setbacks were consistent with the Southdale Vision Plan and existing buildings on site. He noted the applicant was requesting doubling the density from .5 to 1.0 as well as changing the number of parking stalls from 2,600 to 1,900 accomplished through shared uses. Staff answered questions of the Council relating to sidewalk placement, existing trees that would be removed and replaced, water retention options to retain more green space, underground parking, and clarified the timing and placement of storm water cisterns. Mr. Teague stated the proposed project was unanimously approved by the Planning Commission and justification for the PUD included conformance with the Greater Southdale Area Planning Framework Vision, Comprehensive Plan consistency, conforming with PUD criteria, and roadways supporting the project. Proponent Presentation Dean Dovolis, DRJ Architecture, introduced members of the project team, outlined the proposed project, and addressed architectural comments including scale of site, proposed site plan, and location of the medical office building farther east to maintain connections. He outlined the second row of trees and response to density along France Avenue, sidewalk and tree concerns, and transition with green space through the center of the site. Mr. Dovolis said all new parking would be underground to increase the density of the project at 50% with a mix of retail/office and the creation of pedestrian mechanism with Page 4 Minutes/Edina City Council/December 6. 2016 secondary retail. The service connections on the back side of project were removed so green space continued with no interruption and highlighted the nature walk within the development. Mr. Dovolis said they would add no new surface parking and all surface water would be treated, filtered, and delivered into three components. He shared building sample materials and noted two community meetings were held and many comments were incorporated into the plan. Mr. Dovolis answered Council questions regarding height of ramp walls, confirmed that Phase 2 does not build the core of moving people from the north to the south, and concerns that Phase I and 2 may never look as intended because of the length of phasing through Phase 6. He stated phases would be built to stand independently should the economy decline while still allowing for increased density, which helped the project financially. The level of detail for retail would be the level of the Wunerf component and add components that looked full and not underutilized. Comments were shared regarding two-sided retail with entrances on both the east and west, kiosks for outdoor dining, and display windows. Council expressed concern with the four buildings in the center blocking east/west movement and confirmed the low wall was not continuous but intended to screen parking. Council shared hesitation about granting easement until Phase 3 and the need to address lighting and sunset reflections off glass surfaces. Council asked if the applicant would consider including heating in the Wunerf and along the plaza and commented on green roofs and screening of mechanical equipment. Council noted Lake Cornelia was an impaired lake, this robust treatment for storm water could improve lake conditions, and the project would be designed to LEED standards but not certification. Council shared the importance of maintenance of the cisterns as green areas. Mayor Hovland opened the public hearing at 9:32 p.m. Public Testimony Lamar Boettner, 6566 France Avenue South, Unit 305, addressed the Council. Gene Persha, 6917 Cornelia Drive, addressed the Council. Krisztina Brooks, 6566 France Avenue South, Unit 810, 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. Staff responded to public hearing concerns regarding the traffic study and confirmed the proposal met the Comprehensive Plan for build out into 2040. Mike Spack, Spack Consulting, stated the vast majority of traffic was oriented to Valley View Road and they increased background traffic at 1.5% per year with 15% area growth overall in the study. Council shared concerns relating to the height of the medical building at 85 feet with a setback of 50 feet and the Point of France at 13 stories which was twice as tall. Staff noted that postponing consideration of the right-of-way vacation could be difficult for the applicant to meet storm water needs, adding the City does not intend to use the right-of-way area for future road construction. Council commented on the impact to the neighborhood to the west and favored waiting on the height determination of the residential building until that phase came forward to allow for more flexibility and comment in the future. Concerns were shared about more low-rise residential and how eight stories were not necessary as it would continue a precedent along France Avenue. Member Swenson introduced and moved adoption of Resolution No. 2016-121, approving a Comprehensive Plan Regarding Height. Member Brindle seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Page 5 Minutes/Edina City Council/December 6, 2016 Member Swenson introduced and moved adoption of Resolution No. 2016-122, Approving Preliminary Rezoning from POD-2, Planned Office District, to PUD-1 I, Planned Unit Development — 11, including an overall Development Plan and Preliminary Development Plan for 6600-6800 France Avenue, subject to the following conditions: I. The Final Development Plans must be generally consistent with the Preliminary Development Plans date stamped October 7, 2016, and the materials board as presented to the Planning Commission and City Council. 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 for 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 was responsible for replacing any required landscaping that dies after the project is built. 3. Provision of bike racks for each use near the building entrances. 4. The Final Lighting Plan must meet all minimum requirements per Section 36-1260 of the City Code. S. Roof-top mechanical equipment shall be screened per Section 36-1459 of the City Code. 6. 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. 7. Compliance with all of the conditions outlined in the director of engineering's memo dated November 2, 2016 and revised November 30, 2016. 8. Subject to the Zoning Ordinance Amendment creating the PUD-1 I, Planned Unit Development for this site. 9. Subsequent phases must be generally consistent with the Overall Development Plan, unless amended by City Council. 10. An art feature was to be located at the northeast corner of the site when the medical office phase was developed. 1 1. Consider the pedestrian experience, such as a meandering articulated sidewalk along the internal pedestrian spine between the proposed office and hotel, as part of Phase 4. 12. To be constructed during Phase 2A and 2B were the Boulevard sidewalks along France Avenue from Bank of America to Retail 2A France Avenue building frontage; the Retail 2B France Avenue frontage, and the wooded area chip path and lighting. During Phase 3, the Medical Office phase, the boulevard sidewalk would extend from Retail 2B to the Valley View Road free right at 66th Street. During Phase 4, the boulevard sidewalk would be connected between Phase 2A and 2B as well as from the Valley View Road free right at 66th Street to Bank of America's work in Phase I. Member Brindle seconded the motion. Ayes: Brindle, Stewart, Swenson, Hovland Nays: Staunton Motion carried. Member Swenson introduced and moved adoption of Resolution No. 2016-125, Vacating Public Right-of-Way Easement at West 66th Street and Valley View Road. Member Brindle seconded the motion. Ayes: Brindle, Stewart, Swenson, Hovland Motion carried. Member Brindle made a motion to grant first reading to Ordinance No. 2016-19 amending the Zoning Ordinance to Establish the PUD-1 1, Planned Unit Development-1 I, The Avenue on France District at 6600-6800 France Avenue, subject to the following conditions: 1. No building shall be taller than the tallest existing building at 6800 France Avenue South. 2. The Wunerf component shall be constructed as part of Phase 4. Member Swenson seconded the motion. Rollcall: Page 6 Minutes/Edina City Council/December 6, 2016 Ayes: Brindle, Stewart, Swenson, Hovland Nays: Staunton Motion carried. The Council declared a short recess at 10:13 and reconvened at 10:19 p.m. VII.D. BIRCHCREST A AND COUNTRYSIDE B NEIGHBORHOOD ROADWAY RECONSTRUCTION, IMPROVEMENT NO. BA-441 — RESOLUTION NO. 2016-126 ADOPTED Assistant City Engineer Presentation Assistant City Engineer Schulze said this project was staff initiated with 223 properties within 2.9 miles of roadway, and two neighborhoods. The project reconstructs 2.9 miles of roadway on Valley View Road, Colonial Court, Hansen Road, Wyman Avenue, Mildred Avenue, Porter Lane, Code Avenue, W. 60th Street, W. 61 st Street, W. 62nd Street, Birchcrest Drive, Maddox Lane, and Darcy Lane. Sidewalks were proposed for Hansen Road, Maddox Lane, Wyman Avenue, Mildred Avenue, and Valley View Road. Other improvements included narrowing roadway widths, new curb and gutter, traffic calming bump-outs, and utility improvements. The overall project cost was estimated at $8,569,082. Funding would be a combination of special assessments, City Utility, and Pedestrian and Cyclist Safety (PACS) funds. Mr. Schulze reviewed the project schedule with construction to begin spring of 2017 and be completed fall of 2017 with assessments in fall of 2018. Council confirmed that assessment payment options were shared with the residents and that narrowing of the road would result in the new 24-foot sections and not be accomplished through taking of lawns but by removing both curbs and readjusting. Council shared a resident concern about the tightness of the corner affecting turning for large emergency vehicles and plows. Staff confirmed the plan included lessening that corner for a more gradual turn. Mayor Hovland opened the public hearing at 10:51 p.m. Public Testimony Barbara Maletta, 6237 Darcy Lane, addressed the Council. Patrick Rounds, 5115 Valley View Road, addressed the Council. Rick Weller, 6117 Code Avenue, addressed the Council. Dale Rasmussen, 51 12 Valley View Road, addressed the Council. Emily Boettge, 6816 Oaklawn Avenue, addressed the Council. Tom Sutliff, 6008 Hansen Road, addressed the Council. Karen Johnson, 5119 Valley View Road, addressed the Council. Bill McCabe, 6124 Hansen Road, addressed the Council. John Ward, 5916 Hansen Road, addressed the Council. Mike Nelson, 5329 West 61St Street, addressed the Council. Doug Johnson, 5119 Valley View Road, addressed the Council. Tony Jones, 6227 Westridge Boulevard, addressed the Council. Michelle Jones, 6227 Westridge Boulevard, addressed the Council. Page 7 Minutes/Edina City Council/December 6. 2016 Gregg Hess, 6205 Mildred 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 responded to questions raised during the public hearing relating to amending the assessment policy from lineal foot to one single-family home assessment policy, traffic volumes, residential unit equivalent (RUE), bump outs that slow traffic unless the street was narrowed and consistent with the Living Streets Policy by decreasing impervious pavement, and maintenance costs. Council noted unintended consequences of bikes being closer to cars and directed staff to include a sidewalk along Valley View Road. Council supported traffic calming strategies on Valley View Road. Staff indicated the street would be narrowed to 24 feet to help deter traffic to MSA routes as intended and staff would restudy the Valley View Road section after a year for possible decreasing of bump outs and curb adjustments. Staff responded to storm water management concerns at Code Avenue and Birchcrest, which were addressed by extending the storm sewer south towards Birchcrest, and explained the sidewalk placement on Hansen Road. Member Swenson introduced and moved adoption of Resolution No. 2016-126, ordering the Improvement for Birchcrest A and Countryside B Neighborhood Roadway Reconstruction, Improvement No. BA-441, without the sidewalk on the inside corner by the pond. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson made a motion, seconded by Member Staunton, to order the Valley View Road sidewalk as directed. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Vlll. REPORTS/RECOMMENDATIONS — (Favorable vote of majority of Council Members present to approve except where noted). VIIIA. HUMAN RIGHTS AND RELATIONS REPORT: COMMUNITY CONVERSATION INITIATIVE - PRESENTED The Community Conversations Initiative report was initially on the Human Rights and Relations (HRRC) approved work plan in 2014 with the listening sessions completed in 2015 and the final report provided to the HRRC in December of 2015. In 2016, the HRRC formed a committee to follow up on the report's conclusions and provide a formal report to City Council. Council stated the report would be included in a future work study and tied to their work plan. Council asked the HRRC to think about the role they would play in the upcoming Comprehensive Plan. VIII.B. STUDY AND REPORT. ENERGY AND ENVIRONMENT COMMISSION'S TO-GO PACKAGING BANS AND ORDINANCES—PRESENTED Over the past year, the Energy and Environment Commission listened to stakeholders and collected information on polystyrene bans and to-go packaging ordinances to fulfill the 2016 Work Plan item to 'Study and Report on Styrofoam Packaging Ban.' Council noted no one was present for this report and directed the Commission to discuss a perspective ordinance for consideration at a future work study. Page 8 Minutes/Edina City Council/December 6. 2016 VIII.C. FINAL REZONING, FINAL DEVELOPMENT PLAN, AND DEVELOPMENT CONTRACT FOR KM2 DEVELOPMENT, 2101 W. 66TH STREET AND 6612 XERXES AVENUE - RESOLUTION NO. 2016-124 AND ORDINANCE NO. 2016-21 ADOPTED Community Development Director Presentation Mr. Teague presented the request stating the proposed plans were generally consistent with the approved preliminary plans. Staff reviewed the proposed changes as enhancements to the project as detailed in the staff report. Proponent Presentation Kelly Doran, Doran Companies, presented a video and highlighted differences in the current proposed project such as: two-story instead of single-level townhomes; 13 units instead of 14 all with balconies; elimination of access from Xerxes Street that had positive impact in traffic study; more masonry, stone, and brick; opened podium level; increased amenity area with pool, bocce court, putting green, and eating areas; and, the former commercial area now a larger lobby and portico. Mr. Doran said the development agreement was complete and they hoped to start construction in spring 2017. Council commented on the height, 5% affordable units, and confirmed no tandem parking for some residents. Staff said WSB reviewed the traffic study and determined parking was positive not exiting on Xerxes Street. Council commented on the pedestrian path that skirts the south side of the building and understood all mechanicals would be within the units so no need for rooftop screening. Council said they would like to engage the street more so the building was not so fortress-like and while most liked the C- shape better than the E-shape, would like to see more stone versus metal panels. Member Staunton introduced and moved adoption of Resolution No. 2016-124 approving final rezoning from PCD-3, Planned Commercial District and R-1, Single Dwelling Unit District to PUD, Planned Unit Development, Final Development Plan and Development Contract, for 6612 Xerxes Avenue and 3101 66th Street West, subject to the following conditions: I. 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 dated November 7, 2016. ➢ Grading plan date stamped November 7, 2016. ➢ Landscaping plan dated November 7, 2016. ➢ Utility Plans date stamped November 7, 2016. ➢ Building elevations date stamped November 7, 2016. ➢ Building materials board as presented at the City Council meeting. 2. The property owner was responsible for replacing any required landscaping that dies. 3. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. 4. The Final Lighting Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. S. Five percent (5%) of the housing units shall be designated for affordable housing. Specific detail would be determined at the time of final approval. Explore increasing the affordable housing units to 10%with the Edina Housing Foundation. 6. Final Rezoning was subject to a Zoning Ordinance Amendment creating the PUD, Planned Unit Development for this site. 7. Proposed boulevard trees shall be subject to review and approval of Hennepin County. 8. The applicant must cooperate and partner with the City to secure future funding sources for public roadway and improvements and pedestrian crossings. 9. Submittal of a Construction Management Plan, subject to staff approval, prior to issuance of a building permit. 10. Council approval and execution of the development contract drafted by the city attorney. And to grant second reading and adopt Ordinance No. 2016-21 amending the Zoning Ordinance to establish the PUD-9, Planned Unit Development-9 District at 3101 West 66th Street and 6612 Xerxes Avenue. Page 9 Minutes/Edina City Council/December 6, 2016 Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.D. AFFORDALE HOUSING POLICY—ADOPTED Mr. Teague said as a result of the Lincoln Drive residential project, the Edina Housing Foundation was recommending a revision to the City's Affordable Housing Policy. He explained the applicant for the Lincoln Drive project requested a rezoning that was not a PUD and since the current policy states, "This policy applies to all new multi-family developments of 20 or more units that require a rezoning to PUD or a Comprehensive Plan Amendment." the applicant believed the policy would not apply to them. Mr. Teague said the proposed revision stated specifically that all new multi-family developments requiring a rezoning shall be required to be rezoned to PUD, Planned Unit Development. Staff and the Housing Foundation believed this revision would provide the City with an improved negotiation tool and close the loop-hole. Council inquired if this policy change would have affected the Avenue on France PUD. Mr. Teague said language would be included specifically in the ordinance regarding all affordable units by providing 10% affordable at 50%AMI. Council asked whether the City should constrain as outlined that all new multi-family developments requiring a rezoning shall be required to be rezoned to PUD and referred to the OPUS Project. City Attorney Knutson advised if the ordinance does not require affordable housing, then the Council cannot require affordable units so the sentence was necessary. Member Swenson made a motion, seconded by Member Brindle, to adopt the Affordable Housing Policy. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.E. CITY'S PARTICIPATION IN LEAGUE OF MINNESOTA CITIES' GOVERNMENT ALLIANCE ON RACE AND EQUITY(GARE) PROGRAM —APPROVED Mr. Neal said the Government Alliance on Race and Equity (GARE), in partnership with the League of Minnesota Cities (LMC), had organized two new Minnesota cohorts of governmental jurisdictions intended to systemically advance racial equity in 2017 as a result of comments shared at the October 18, 2016, Council meeting. He outlined the cohorts include beginning work on racial equity while the other would be an "advanced implementation" series. Mr. Neal explained participants would be teams from government jurisdictions in Minnesota that make a one-year commitment and while designed primarily for staff, it would include elected and appointed individuals. He noted there would be a considerable time commitment necessary as well as costs of$6,000-$12,000 depending on the level of participation. Member Stewart made a motion, seconded by Member Brindle, to approve the City's participation in the League of Minnesota Cities' Government Alliance on Race and Equity (GARE) Program. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Mr. Neal said he would share the Council's decision with the LMC and bring back information to solicit Board and Commission members as well as staff for representatives. Council noted the LMC was holding a two-day conference in late January on race equity as another opportunity for interested persons. VIII.F. PROPOSAL TO ESTABLISH THE EDINA RACE AND EQUITY TASK FORCE—APPROVED Mr. Neal said at the October 18, 2016 meeting, the Council expressed interest in creating an organizational initiative around the challenge of eliminating disparate impact of City policies and operations that was caused by race. He outlined the purpose of the task force and said he was open to suggestions Page 10 Minutes/Edina City Council/December 6, 2016 on the outline. Mr. Neal noted while establishment would take substantial staff time and budget costs, he recommended establishment of the Edina Race & Equity Task Force. Council indicated it was impressed with the thoughtful plan and while there was no perfect way to start, it was important to start. Council commented that the process would take on its own life but would not be constraining. It was noted that a number of volunteers from the community would be needed and candidates interested in participating either in the task force or as a facilitator should contact the City. Member Staunton made a motion, seconded by Member Brindle, to establish the Edina Race and Equity Task Force. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.G. RESOLUTION 2016-123 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. 2016-123 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. IX.B. MINUTES I. HUMAN RIGHTS AND RELATIONS COMMISSION OCTOBER 25, 2016 2. COMMUNITY HEALTH COMMISSION, SEPTEMBER 12, 2016 AND OCTOBER 10, 2016 3. EDINA TRANSPORTATION COMMISSION, OCTOBER 27, 2016 Informational; no action required. IXC. ADVISORY COMMUNICATION 1. ENERGY AND ENVIRONMENT COMMISSION'S COMMUNICATION ON IMATTER REPORT CARD AND DETAILED REPORT 2. TRANSPORTATION COMMISSION'S COMMUNICATION ON BIRCHCREST A NEIGHBORHOOD ROADWAY RECONSTRUCTION X. AVIATION NOISE UPDATE — Received Member Staunton made a motion, seconded by Member Swenson, to forward letter of support for Katie Clark Sieben for Metropolitan Airports Commission Noise Oversight Committee. Ayes: Brindle, Staunton, Swenson, Hovland Nays: None Abstained: Stewart Motion carried. XI. MAYOR AND COUNCIL COMMENTS— Received X11. MANAGER'S COMMENTS— Received X111. SCHEDULE OF MEETINGS AND DATES AS OF DECEMBER 6, 2016 — Received XIV. ADJOURNMENT Page II Minutes/Edina City Council/December 6, 2016 There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 12:36 a.m. Respectfully submitted, Debr I M�angen, City Cler Minutes approved by Edina City Council, December 20, 2016. James B. Hovland, Mayor Video Copy of the December 6, 2016, meeting available. Page 12