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HomeMy WebLinkAbout2017-04-18 City Council Regular Meeting Minutes MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 18, 2017 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m. 11. ROLLCALL Answering rollcall were Members Brindle, Fischer, Staunton, Stewart, and Mayor Hovland. 111. MEETING AGENDA APPROVED Member Brindle made a motion, seconded by Member Fischer, approving the meeting agenda as presented. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. IV. COMMUNITY COMMENT Colleen Miner, 7400 Edinborough Way, requested the Council declare Edina as a Freedom City and asked for a commitment to protect and ensure the safety of vulnerable immigrants within the community from being reported to Immigration and Customs Enforcement (ICE). She presented the City with information from the American Civil Liberties Union on the topic. The Council stated this topic would be referred to the Human Rights Commission for consideration. V. CONSENT AGENDA ADOPTED AS PRESENTED Member Fischer made a motion, seconded by Member Brindle, approving the consent agenda as presented: V.A. Approve minutes of April 4, 2017, Work Session, April 4, 2017, Regular Council meeting, and April 8, 2017, Town Hall meeting V.B. Receive payment of the following claims as shown in detail on pre-list dated March 30, 2017, and consisting of 31 pages; General Fund $191,238.01, Conservation & Sustainability $145.00, Working Capital Fund $4,658.69, Equipment Replacement Fund $3,110837, Art Center Fund $249.04, Golf Dome Fund$6,539.26, Aquatic Center Fund $2,797.11, Golf Course Fund $19,452.01, Ice Arena Fund $13,291.85, Sports Dome Fund$9,054.08, Edinborough Park Fund $17,112.13, Centennial Lakes Park Fund $1,048.75, Liquor Fund $156,303.26, Utility Fund $33,528.00, Storm Sewer Fund $4,680.76, Risk Mgmt ISF $280,715.03, PSTF Agency Fund $6,532.78, MN Task Force I Fund $2,321.46, Centennial TIF District $8,253.21, Southdale 2 District $40.00 TOTAL $761,069.00; pre-list dated April 6, 2017 consisting of 30 pages; General Fund $149,833.97, Police Special Revenue $136.23, Working Capital Fund $4,529.46, Equipment Replacement Fund $2,438.86, Art Center Fund $2,568.75, Golf Dome Fund $558.57, Golf Course Fund $2,719.93, Ice Arena Fund $29,280.48, Sports Dome Fund $35,147.01, Edinborough Park Fund $22,535.87, Centennial Lakes Park Fund $16,301.07, Liquor Fund $147,833.74, Utility Fund $32,292.89, Storm Sewer Fund $14,210.29, PSTF Agency Fund $3,539.53, Southdale 2 District $35.00; TOTAL $463,961.65. V.C. Approve Request for Purchase for 2017 Commodities Quotes, awarding the bid to the recommended low bidders, Ready Mix Bituminous Materials - Bituminous Roadways $36.185/ton - $37.70/ton; Concrete - Cemstone $108.00/c.y.; Hydrofluosilicic Acid — DPC $21.90/cwt; Liquid Chlorine — DPC $39.50/cwt; Polyphosphate Ortho-Phosphate Blend Water Treatment Chemical — DPC $5.16/gallon; Tonkazorb 3% - Hawkins Page 1 Minutes/Edina City Council/April 18, 2017 $12.96/gallon; Caustic Soda — Hawkins $27.85/cwt; Covers and Castings — ESS $$260.00 - $100.00 V.D. Approve Request for Purchase for SCADA PLC and Panel View Upgrades, awarding the bid to the recommended low bidder, Spring Lake Engineering at $77,247.00 V.E. Approve Request for Purchase: ENG 17-7 Presidents Area Sewer Rehabilitation Phase 2, awarding the bid to the recommended low bidder, Minger Construction Companies, Inc. at $235,289.46 V.F. Adopt Resolution No. 2017-41: Authorize Grant Agreement with Hennepin County for Aquatic Invasive Species (AIS) Prevention Project V.G. Adopt Resolution No. 2017-36: Authorizing the Removal of a Special Assessment Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VI. SPECIAL RECOGNITIONS AND PRESENTATIONS VI.A. EDINA CRIME PREVENTION FUND: MIKE SIITARI OFFICER OF THE YEAR — PRESENTED Police Chief Nelson presented the Mike Siitari Officer of the Year award to Detective Erik Amundson in recognition of his investigative work that resulted in prosecution of a homicide. The audience offered a round of applause. Detective Amundson shared his thanks with the Council and staff and provided an overview of changes throughout his years of service. He thanked the Edina Crime Prevention Fund that created this award and his fellow officers. The Council stated Edina had the best Police Department and congratulated Detective Amundson. VI.B. SPEAK UP, EDINA: TECHNOLOGY IN PUBLIC PLACES—PRESENTED Senior Communications Coordinator Eidsness outlined the public engagement process used to gather information on providing technology in public places. Ms. Eidsness presented a summary of comments, requests, and suggestions received and shared the next Speak Up, Edina topic would be organic recycling. VII. PUBLIC HEARINGS VII.A. NEW INTOXICATING ON-SALE AND SUNDAY SALE LIQUOR LICENSE, TOWN HALL STATION, LLC-APPROVED Deputy Clerk Timm stated Town Hall Station, LLC had applied for new On-Sale Intoxicating and Sunday Sale Liquor Licenses for Town Hall Station. The proponent had filed all the necessary paperwork and paid applicable fees for the licenses and as required by Edina City Code, the necessary public hearing notice had been published for this requested liquor license. Ms. Timm said the City Council must conduct a public hearing for this license request and that staff recommended approval of the licenses. Mayor Hovland opened the public hearing at 7:20 p.m. Public Testimony Pete Rifakes, Town Hall Brewery and Station, addressed the Council. He shared the proposed food and brewery menu and anticipated opening of mid-May. Member Staunton made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Fischer, Staunton, Steward, Hovland. Motion carried. Page 2 Minutes/Edina City Council/April 18, 2017 Member Staunton made a motion, seconded by Member Brindle, to approve new intoxicating on-sale and Sunday sale liquor licenses, Town Hall Station, LLC for the period beginning April 19, 2017 and ending March 31, 2018 Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VII.B. COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY REZONING AND PRELIMINARY DEVELOPMENT PLAN FOR EDINA MARKET STREET LLC ON MARKET STREET - ORDINANCE NO. 2017-OS — FIRST READING GRANTED, RESOLUTION NO. 2017-38 - ADOPTED, RESOLUTION NO. 2017-39-ADOPTED Economic Development Manager Neuendorf reviewed the proposed project and request for a Comprehensive Plan amendment for height and density, preliminary rezoning from PCD-2, Planned Commercial District to PUD, Planned Unit Development, and a Preliminary Development Plan for Edina Market Street. At the request of the Council, Mr. Neuendorf provided an overview of the Housing and Redevelopment Authority's HRA role in the City. Community Development Director Presentation Community Development Director Teague stated Edina Market Street LLC had proposed a redevelopment of 2.9 acres of land on both sides of Market Street in the 50th and France Business District. He reviewed the RFP process, neighborhood meeting process, and sketch plan process that outlined a multiple two-phase development that included the 3930 site, the two public parking ramps, and the former Hooten Dry Cleaner site. At full build out, the site would include 110 residential apartments, 35,000 square feet of retail use, 34,000 square feet of public use space, and 844 parking stalls. Mr. Teague described changes from sketch plan and stated the Planning Commission included a reduced height on the corner of the building and reduced mass by elimination of the three-story connection between buildings. He outlined a slight addition to the retail spaces, reduced density from 131 units to 110, enhanced architecture, bike fix-it station, 175 bike parking spots, and screening of the ramp. Mr. Teague referred to the Edina Art Center's need for perpetual easements in the walls with the condition that they do not become billboards. He commented on the sustainability of the project with electric vehicle charging stations, sustainable building materials, LED lighting, placing mechanical equipment within the building for screening, and a shadow study that would provide more light on the buildings to the north. Mr. Teague reviewed the surrounding land uses, existing site features, parking, site circulation and access, landscaping, grading, drainage, utilities, and building materials. He also commented on screening trash enclosures, signage, density, and multi-modal aspects of the project. Matt Pacyna, SRF Consulting Group, provided a high-level review of the Edina Collaborative Transportation Study. He explained how the site would work from a traffic perspective and outlined study goals including assessment of current conditions, transportation impact, and recommendations for safe and efficient operations. He reviewed traffic impacts by land use type with regard to transit reduction, multi- use reduction for walking and biking, and the additional 2,400 vehicle trips due to this site. Mr. Pacyna shared information on intersection operation data, queuing impacts, the 49'/2 Street roadway cross-section sensitivity test, pedestrian crossing locations, and proposed signal modifications such as flashing yellow arrows. He said they focused on parking considerations for the north, center, and south ramps for both weekday and weekend conditions and referred to the 1,170 proposed parking stalls and identified parking deficits during October and December during construction phasing, and suggested addressing this concern by expanding the north ramp first. Mr. Pacyna summarized points that included reallocation of roadway space along 49'/2 Street to improve pedestrian crossings, maintain a minimum of 175 feet for the eastbound left-turn lane along 49'/2 Street at France Avenue, consideration of phasing to reduce parking impacts, limiting sight distance impacts from future structures, and installation of crosswalk and push button rapid flashing beacons. Page 3 Minutes/Edina City Council/April 18, 2017 The Council inquired about the parking peak demand at noon and how the traffic peak was during the evening. Mr. Pacyna said this was a result of employees and visitors and pass-through traffic. The Council questioned pass through volume changes. Mr. Pacyna said eastbound afternoon traffic was slow, which would result in more of a rolling queue but would not make the delay significantly worse than others. The Council referred to daily traffic volumes on 501h Street/France Avenue, 4911 Street, 50th Street west of Halifax Avenue and others. Mr. Pacyna said the data was not new and ranged from 10,000 to 16,000 vehicles on 50th Street west of Halifax Avenue and increased further west to 20,000 vehicles. The Council inquired if tests were conducted on impacts of an access from 50th Street north and south to Highway 100 as the 2,400 additional trips would leave and go in a variety of directions. Mr. Pacyna replied those additional vehicles would access Maple Road and other streets and was centrally located so 50th Street and France Avenue traffic should disperse fairly evenly. The Council asked if any additional studies were conducted on 49th Street, 48th Street, and Maple Road. Mr. Pacyna said they did conduct additional studies from a traffic perspective for volume but not speed. The Council asked questions regarding phasing, parking capacity, adding an additional floor to the existing north ramp, and creating surface parking on either side. Mr. Pacyna said that is what was proposed now and they were reflecting Scenario II would be construction of the north ramp including Hooten and a fourth floor. The Council asked if study included tools to address cut-through traffic. Mr. Pacyna said they only reviewed volume and intersection operations but could review speed humps, diverters and other tools. The Council inquired about impacts of cut-through traffic. Mr. Pacyna said that traffic would be measured by how it would affect operations today and would expect alternate routes but believed the status quo would prevail. The Council noted an increase of traffic during construction that should normalize. Mr. Pacyna said they did not review lane configuration but agreed the lane would remain open during construction. The Council referred to the ring-road for eastbound traffic as being heavier because of the divide and westbound would funnel through 50th Street. Mr. Pacyna said PM traffic peaks would have more queuing issues than AM traffic peaks. The Council referred to the sense of magnitude of the parking impact with the full north ramp. Mr. Pacyna said they would like to review this in more detail but believed there would be a workable solution. Mr. Teague said this study was a result of discussions with the Planning Commission and existing businesses functioning but since then, the developer had proposed construction the fourth level of the north ramp and would work through these scenarios. The Council inquired about the perspective of 2,400 additional trips compared to today and the need to manage this two-year impact in an already-congested area. They stated the center turn lane was crucial for Walgreens and should stay. Mr. Pacyna said the center turn lane was 175 feet and well beyond Walgreens. The Council asked whether 175 feet of vehicle storage on Market Street was consistent with what was currently available. Mr. Pacyna shared the left turn lane could be added to or raised to change the situation but would meet the demand today. He said the order of magnitude of France Avenue and 50th Street would see the majority of traffic and some would utilize the retail/restaurant components but not expect development to contribute additional traffic to that neighborhood of Maple Road and 49th Street. Page 4 Minutes/Edina City Council/April 18, 2017 The Council commented on impacts from 2006 to 2007 compared to now. Mr. Teague said historical traffic counts were done regionally only and staff could use growth estimates from the Metropolitan Council to obtain a general idea of traffic impacts on SOth Street and France Avenue. The Council suggested removing the height requirement from the Comprehensive Plan. Mr. Teague said staff contemplated that, having height included in sketch plan review, and increase that building to six stories for rezoning property to PUD. The Council commented on costs and a budget outline. Mr. Teague said the Council was being asked to approve the Comprehensive Plan amendment this evening with regard to height and density and the preliminary rezoning from PCS to PUD and then come back for final approval if the proponent had met all conditions. He noted approval does not allow any commitment from the City on any funding requests. Proponent Presentation Peter Deanovic, Buhl Investors, 5100 Eden Avenue, thanked staff and Council for their time and presented information on their proposal. Brent Rogers, Saturday Properties, introduced their team which included Todd Novak from Mohegan Hanson. They commented that this was an exciting project with 440 new parking stalls, a large public plaza important for family events for residents, and an extended walkway system to the north. They described how they intend to connect to the surrounding area and community and presented a 3D video of the proposed project. The team reviewed flexible space, technology that hosts a variety of activities, and sample art inspiration. They also reviewed retail history and how brick and mortar was not risky if in the right location and their intent to create inviting four-sided architecture. Mr. Rogers presented the housing element for 24/7 vibrancy and economic interest for the development and the unique non-traditional architecture. He stated I I units were offered at 60% AMI with parking ratios of 1,000/unit and longer lease terms of five years to create homes. There were smaller but more abundant common areas that offered a diverse product for empty nesters, which would open homes for new purchasers. Mr. Rogers highlighted green project elements through reuse of the north parking facility and adding sustainable multi-family housing for walkability which consumed one-third to one-half energy of other housing counterparts. He commented on fa4ade articulation that made a more approachable structure with density in the center and created space for public areas. Mr. Rogers touched on height adjustments of a 61-foot tall average, the large skyway for improved pedestrian experience, and reduced maximum heights from 91 to 73 feet. The Council asked questions regarding demographics and impacts of adding 110 units to schools. Mr. Rogers replied 75% of the units would be two-bedroom or larger, which would be attractive to empty nesters and likely not families with young children. Mr. Deanovic answered the Council's questions regarding community outreach through neighborhood meetings and door-to-door notification. The Council asked about construction details, phasing, and parking. Mr. Deanovic said they intended to shuttle contractors into the construction area to ensure adequate parking was available during construction. The Council noted a similar residential development was occurring in Hopkins and inquired about scale comparisons. Mr. Rogers said that project contained roughly twice the number of units as this proposed project. Mayor Hovland opened the public hearing at 9:05 p.m. Public Testimony Sandy Radeke, 6620 Naomi Drive, addressed the Council. Barbara La Valleur, 7621 Edinborough Way #2110 and past Chair of the Public Arts Commission, addressed the Council. Page 5 Minutes/Edina City Council/April 18, 2017 Betsy Hiniker, 5015 Arden Avenue, addressed the Council. Rachel Thelemann, 5011 and France Avenue Association, addressed the Council. Betsy Robinson, 5021 Ridge Road, addressed the Council. Ann Swenson, 6021 Concord Avenue, addressed the Council. Heather Wallace, 4701 Townes Road and President of White Oaks Improvement Association, addressed the Council. Aaron Thompson, 3948 West 50th Street, addressed the Council. John Bean, 5000 Halifax Avenue South #207, addressed the Council. Ted Carlson, 5516 Knoll Drive, addressed the Council. Heidi Brandenburg, 7329 Oaklawn Drive, addressed the Council. Erik Schmitt, 5537 Park Place, addressed the Council. Katherine Winston, 4634 France Avenue South, addressed the Council. Daniel Van Dyk, 3512 West Fuller, Edina, addressed the Council. Jane Lonnquist, 4510 Drexel Avenue, addressed the Council. Tim Olson, 5103 Blasdon Court, addressed the Council. Dan Dulas, 4609 Bruce Avenue, addressed the Council. Patrick McGlynn, 5428 Brookview Avenue, addressed the Council. Jan Monson, 3945 W. 49th Street, addressed the Council. Peter Kostroski, 20 Circle West, addressed the Council. Babette Bean, 5000 Halifax Avenue South #207, addressed the Council. Jim Stromberg, 3930 West 49th Street, addressed the Council. Lori Grotz, 5513 Park Place, addressed the Council. Scott Loving, 451 1 West 56th Street, addressed the Council. Debra Rasmussen, 4928 East Sunnyslope Road, addressed the Council. Suzie Hauglund, 5229 West Highwood Drive, addressed the Council. Jim Deanovic, 5116 Mirror Lakes Drive, addressed the Council. Page 6 Minutes/Edina City Council/April 18. 2017 Jerry O'Brien, Edina, addressed the Council. Carol Hancock, 4503 Arden Avenue, addressed the Council. Amanda Johnson, 5136 Gorgas Avenue, addressed the Council. David Daly, 4601 Meadow Road, addressed the Council. Mike Marinovich, 5317 Halifax Avenue, addressed the Council. Eric Simmons, 6600 Gleason Road, addressed the Council. Patricia Dill, 4610 Edina Boulevard, addressed the Council. Teddy Hobbins, 5605 Beard Avenue South, addressed the Council. Member Brindle made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Brindle, Fischer, Staunton, Steward, Hovland. Motion carried. Mr. Neuendorf addressed the issues raised during public testimony and answered the Council's questions related to additional parking in the middle ramp with one level dedicated for public use and each resident having more than one parking stall Mr. Rogers said they intended for a 1.3:1 or more parking ratio for apartments which was in excess to the average. Mr. Pacyna answered questions regarding average delays per vehicle and explained the grading system levels of service. Mr. Teague addressed issues regarding the Comprehensive Plan and role in planning, height, and function of zoning, and reviewed existing density within the community. Mr. Neuendorf addressed concerns regarding business disruption and outlined how strategies, which included minimizing the construction time from 2.5 years build out to a single holiday season, temporary construction walkways to access ramps, and designated stalls for professional businesses. Mr. Teague said this direction was reflected as a condition by the Planning Commission as well as shrubbery and landscaping on the north side of the ramp and total development costs. He said the entire project was valued at $82 million and public investment discussion would occur at the HRA meeting but the northern ramp expansion would be $1 1 million intended to be paid for by two sources; sale proceeds and existing funds from the Centennial Lakes TIF District. The Council addressed the two-track process. It was noted a decision had not yet been made and Statutes allowed for open and closed meetings for negotiation purposes. The Council inquired about notice concerns and size of the notification area. Mr. Teague said staff noticed 1,000 feet from the perimeter of the entire development, which was much farther than the State requirement of 350 feet. He referred to potential tax increases and imposed parking ramp costs onto the property owner but no other residents. The Council asked for strategies to address cut-through traffic. Engineer Millner referred to bump-outs, concerns with pedestrian crosswalks, and creation of a hybrid option with few additional lead ins that retained a majority of the left-turn lane. Page 7 Minutes/Edina City Council/April 18, 2017 The Council commented on parking, traffic, the neighborhood relationship, density versus height, and positive outcomes. The Council indicated they were convinced the benefit trade off with height was good because of the location and the handicap access for the north ramp would be improved with 25 additional surface stalls. The Council said this area was not static, needed to be competitive and minimize negative impacts as much as possible. They referred to noise concerns and buffer between properties that would open short-term parking on 501h Avenue and include vegetation to soften buildings. The Council requested work on traffic patterns and thoughtful and purposeful ways to address ti affic, parking, noise, and density, and that a larger building footprint made the area nicer. The Council found the investment was more than worthwhile, additional review was needed, and there was a changing atmosphere in this area that would bring vibrancy to the 50th Street/France Avenue district. Member Staunton introduced and moved adoption of Resolution No. 2017-38 approving a Comprehensive Plan Amendment regarding density in the MXC, Mixed Use Center District, and height confined to the project area in terms of height of 6 stories and 73 feet based on the following additional findings: I. Proposed Height is appropriate given the distance from low density residential uses. 2. Particular design features of structures limit visual impact. 3. Public space exists at ground level justifies some increased height in area 4. Height in middle of the district is more consistent with separation of low density residential. Member Brindle seconded the motion. The Council considered a friendly amendment, since the 50,h Street/France Avenue Business Association provided financing for maintenance around the areas, that agreement with them should be included. Manager Neal explained that direction was not necessary as it was already included in the sketch plan. The Council commented on the fact that the public art not contain outdoor advertising or billboards. Mr. Teague said that direction was included in the ordinance and the development agreement should be included in the rezoning as the document would be forwarded to the Metropolitan Council and having to wait until the agreement was signed would delay the process. He noted if the plan was not approved, the Council could change the land use back. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. Member Staunton introduced and moved adoption of Resolution No. 2017-39 approving Preliminary Rezoning from PCD-2, Planned Commercial District, to PUD-12, Planned Unit Development — 12, including preliminary development plan for Edina Market Street, subject to the following conditions: I. The Final Development Plans must be consistent with the Preliminary Development Plans dated March 31, 2017, and the materials board as presented to the Planning Commission. 2. The Final Landscape plan must meet exceed all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance, especially on the rear side of the parking ramp to screen neighboring properties to the north. 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. 3. Provision of code compliant 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 and that lighting of the top floor of the parking ramp on the north side of Page 8 Minutes/Edina City Council/April 18, 2017 Market Street be built into the sides of the wall and directed downward to screen neighborhood to the north. S. Roof-top mechanical equipment shall be screened per Section 36-1459 of the City Code. 6. 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. 7. A Developer's Agreement is required at the time of Final Approval. 8. Affordable housing must be provided per the City's Affordable Housing Policy, the specifics to be determined at the time of Final Approval. Ten percent 10% of the units shall be affordable. 9. Compliance with all of the conditions outlined in the director of engineering's memo dated March 31, 2017. 10. Compliance with the sustainability standards outlined in the director of engineering's memo dated March 31, 2017. 11. Compliance with the SRF Traffic and Parking Study recommendations. 12. Subject to the Zoning Ordinance Amendment creating the PUD-12, Planned unit Development for this site. 13. Metropolitan Council approval of the Comprehensive Plan Amendment regarding height and density. 14. Prior to final approval, establishment of a plan that minimizes impact on professional businesses regarding client and customer access during construction of the project. The plan shall be subject to review and approval of city staff. 15. An additional traffic study must be conducted prior to final approval with a focus on the impacts to adjacent local streets including Maple, Townes, Bruce (north and south of 50th), 48th, 49th and 50th; study should suggest recommendations that can be made to minimize impacts from traffic and improve pedestrian safety at France Avenue and 48th Street, 49th Street and Market Street. 16. Detailed construction and phasing plan provided before final plan. 17. Approval of the rezoning is contingent on approval of the purchase contract with the Edina HRA, and redevelopment agreement. 17. Work with Hennepin County to address right hand southbound traffic north of Market Street. Member Fischer seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. Member Staunton made a motion, seconded by Member Brindle, to grant first reading to Ordinance No. 2017-05 amending the Zoning Ordinance to establish the PUD-12, Planned Unit Development-12, Edina Market Street. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. The Council called a short recess and reconvened at 11:37 p.m. VII.C. ORDINANCE TO AMEND CITY CODE CHAPTER 12, ARTICLE VI: SALE OF TOBACCO — ORDINANCE NO. 2017-03 - FIRST READING GRANTED Community Health Administrator Brown stated the 2017 Community Health Commission work plan included an item to examine current tobacco regulations in the City and provide recommendations or ordinance language to reduce tobacco use. The Commission submitted its recommendations via a brief presentation and advisory communication at the March 7, 2017, City Council meeting, and the Council moved to continue the process with development of ordinance language. Ordinance language was Page 9 Minutes/Edina City Council/April 18, 2017 developed by the City Attorney and staff mailed notices of the public hearing on March 10, 2017, to all licensed tobacco establishments in the City to meet the 30-day notification requirement of Minnesota Statute 461.19. Dr. Caleb Schultz, Edina Community Health Commission, thanked City staff for creation of the comprehensive ordinance and stated this had been a thorough process that would serve the City well and provide a model for other cities. He stated Edina would be the first but hopefully not last city to adopt such an ordinance and shared statistics from Needham Massachusetts that resulted in a 50% reduction in high school tobacco smoking prevalence and stated this ordinance would be a commitment to the health of Edina's children. Nina Soko, Student Health Commissioner, stated this issue was personal as her grandmother died of lung cancer in her mid-50s. She commented on the ease to obtain tobacco for youth and how, if the purchase age was raised to 21 years old, tobacco could no longer reach younger students in high school. She thanked Dr. Schultz for his leadership and guidance. Mayor Hovland opened the public hearing at 11:48 p.m. Public Testimony Maria Kilstofte, 6504 Irving Avenue South, Richfield, addressed the Council. Heather Edelson, 4600 Drexel Avenue and Health Commissioner, addressed the Council. Ann Deshler, 6621 Galway Drive, addressed the Council. Dr.John Berge, France Avenue Family Physicians, 6713 Samuel Road, addressed the Council. Dr. Sandeep Kalola, Fairview Hiawatha Clinic, addressed the Council. Anne Hinrichs, 41 12 West 44th Street, addressed the Council. Tom Bryant, Executive Director/Legal Counsel for National Association for Tobacco Outlets, addressed the Council. Mark Olson, representative from BP Station at 5209 Vernon Avenue, addressed the Council. Steve Rush, Director of Government Relations for Holiday Stations, addressed the Council. Member Staunton made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Brindle, Fischer, Staunton, Steward, Hovland. Motion carried. Manager Neal addressed issues raised during public testimony and answered Council's questions related to the public notice process. He stated the same mailing addresses for notification were used as for license renewal applications that were received by license holders. He said the Council could delay the effective date of any ordinance adoption to allow for necessary training and point-of-sale software updates. The Council inquired how much notice was required. Mr. Brown said the required 30-day notification was sent on March 10, 2017, and Mr. Neal received no contact from any license holders regarding the proposed ordinance. The Council asked whether first reading implied second reading would be held. City Attorney Roger Knutson advised first reading does not adopt an ordinance but second reading could be waived for immediate adoption with no further public hearing process. Page 10 Minutes/Edina City Council/April 18. 2017 The Council thanked Mr. Brown, Dr. Schultz, and the Health Commission for their work. They stated this topic had brought a broad range of perspectives and the Council had been persuaded by the Commission to improve the health of youth in the community. They applauded the retailers for doing well with compliance but indicated the accomplishment of not selling to youth over 18 did not address the concern of providing tobacco to youth under 18. The Council indicated stated the proposed ordinance addressed sales, not consumption and use, and focused on the chain of distribution. The Council said they understood the logistics necessary to implement such an ordinance and would allow a delay in adoption to accommodate the retailers. Member Staunton made a motion, seconded by Member Stewart, to grant first reading to Ordinance 2017-03, Amending Chapter 12 of the Edina City Code, with second reading scheduled for May 2, 2017, and an effective date 30 days after adoption. The Council indicated some things needed to start locally and this ordinance would make a difference for the youth. It was noted this was not an issue of commerce but an issue of health and this ordinance was one way to make a difference. The Council offered a friendly amendment to allow implementation to be 60 days from the date of adoption to allow enough time for retailers. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. The Council called a short recess and reconvened at 12:31 a.m. VIII. REPORTS/RECOMMENDATIONS — (Favorable vote of majority of Council Members present to approve except where noted). VIII.A. AUTHORIZING GRANT APPLICATION FOR METROPOLITAN COUNCIL'S TAX BASE REVITALIZATION ACCOUNT FOR MIXED USE APARTMENT BUILDNG AT 3925, 3930 AND 3944 W. 49% STREET—RESOLUTION NO. 2017-42 ADOPTED Economic Development Manager Neuendorf stated this resolution would authorize the Housing and Redevelopment Authority's Development partner to prepare an application for grant funding. He said grants would be sought to clean up the soils from environmental contamination on site so a new mixed- use apartment building, public plaza, and public parking could be constructed on the site. The Council confirmed grant application authorization would not change the project and there was no contingency with respect to development. Mr. Neuendorf stated while there was no guarantee this was a highly-qualified project for the grant. He said the City would be notified later this summer about grant acceptance. Member Staunton introduced and moved adoption of Resolution 2017-42 authorizing a grant application for the Metropolitan Council's Tax Base Revitalization Account for mixed use apartment building at 3925, 3930 and 3044 W. 49 Y2 Street. Member Fischer seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VIII.B. CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE SOUTEAST EDINA REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE SOTH AND FRANCE 2 TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN UPDATE —RESOLUTION 2017-37 ADOPTED Page 11 Minutes/Edina City Council/April 18, 2017 Economic Development Manager Neuendorf stated this item related to redevelopment finance at portions of the 50th and France Commercial District. A Public Hearing would be scheduled to consider the possible creation of a new Tax Increment Financing District. New taxes generated from this District would support construction of a new mixed-use project that included a large public plaza and over 100 stalls of public parking. Member Staunton made a motion, seconded by Member Brindle, to adopt Resolution 2017- 37 calling for a public hearing by the City Council on the proposed adoption of a modification to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area and the proposed establishment of the 50th and France 2 Tax Increment Financing District Therein and the adoption of the Tax Increment Financing Plan Update. The Council confirmed this action only set the public hearing for plan consideration on June 20, 2017, and not project approval. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VII.C. ACCEPTING VARIOUS GRANTS AND DONATIONS—RESOLUTION 2017-40 ADOPTED 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 Brindle introduced and moved adoption of Resolution No. 2017-40 accepting various grants and donations. Member Fischer seconded the motion. Rollca►I: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VIII.D. AUTHORIZING GRANT APPLICATION TO MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR MIXED USE APARTMENT BUILDNG AT 3925, 3930 AND 3944 W. 49 % STREET — RESOLUTION NO. 2017-43 ADOPTED Member Brindle introduced and moved adoption of Resolution 2017-43 authorizing grant application to Minnesota Department of Employment and Economic Development for new mixed use apartment building at 3925, 3930 and 3044 W. 49 V2 Street. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VII.E. COUNCIL MEMBER MARY BRINDLE TO THE SOUTHWEST SUBURBAN CABLE COMMISSION BOARD OF DIRECTORS-APPOINTED Mr. Neal requested Council appoint Member Brindle to the Southwest Suburban Cable Commission in order for Member Brindle to represent the City at their meeting on April 19. Member Stewart made a motion, seconded by Member Fischer, to appoint Council Member Brindle to the Southwest Suburban Cable Commission Board of Directors. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE Page 12 Minutes/Edina City Council/April 18, 2017 Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.B. MINUTES 1. ARTS AND CULTURE COMMISSION,JANUARY 26, 2017 2. PARKS AND RECREATION COMMISSION, MARCH 14, 2017 3. PLANNING COMMISSION, MARCH 22, 2017 4. ENERGY AND ENVIRONMENT COMMISSION, MARCH 9, 2017 Informational; no action required. X. AVIATION NOISE UPDATE— Received XI. MAYOR AND COUNCIL COMMENTS—Received X11. MANAGER'S COMMENTS— Received X111. SCHEDULE OF MEETINGS, EVENTS AND DATES AS OF APRIL 18, 2017— Received XIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 12:51 a.m. Respectfully submitted, Der Angen, Cit Clerk Minutes approved by Edina City Council, May 2, 2017. James B. Hovland, Mayor Video Copy of the April 18, 2017, meeting available. Page 13