HomeMy WebLinkAbout2018-12-18 City Council Regular MinutesMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
DECEMBER 18, 2018
7:00 P.M.
1. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:00 p.m.
II. ROLLCALL
Answering rollcall were Members Brindle, Fischer, Staunton, Stewart, and Mayor Hovland.
111. MEETING AGENDA AS PRESENTED
Member Staunton made a motion, seconded by Member Brindle, approving the meeting
agenda as presented.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
IV. COMMUNITY COMMENT
The Council recognized in attendance students from local government classes and Boy Scouts.
Madeline Fernards, 6905 Westshore Drive, encouraged the City to support progressive, climate -friendly
legislation.
Frank Lorenz, 7151 York Ave South, questioned the need for the recent purchase of five new fire engines
at a cost of $3 million.
Nora Davis, 6921 Southdale Road, asked the Council to institute a sunshine index to address the darkness
created through recent building construction.
IV.A. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS
Manager Neal responded to community comments from the previous Council meeting.
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 December 4, 2018, Work Session and December 4, 2018, Regular
Council meeting
V.B. Receive payment of the following claims as shown as per pre -list dated December 6,
2018, and consisting of 35 pages: General Fund $277,038.83, Police Special Revenue
$2,069.00, Pedestrian and Cyclist Safety $3,724.51, Conservation & Sustainability
$4,620.00, Working Capital Fund $22,I73.85, PIR Construction Fund $34,294.35,
Equipment Replacement Fund $3,946.84, Art Center Fund $4,746.30, Golf Dome
Fund $7,217.09, Aquatic Center Fund $ 118.70, Golf Course Fund $1 1,849.51, Ice
Arena Fund $ 17,894. 12, Sports Dome Fund $6,725.08, Edinborough Park Fund
$ 13,724.40, Centennial Lakes Park Fund $4,476.73, Liquor Fund $262,550.20, Utility
Fund $62,550.39, Storm Sewer Fund $22,091.78, PSTF Agency Fund $5,696.20, HRA
Administration $27,450.00, Centennial TIF District $19,280.59, Payroll Fund
$3,586.30: Total $817.824.77; and per pre -list dated December 13, 2018, and
consisting of 36 pages: General Fund $339,540.25, Police Special Revenue $894.50,
Conservation & Sustainability $1,550.00, General Debt Service Fund $450.00, PIR
Debt Service Fund $900.00, Working Capital Fund $I 1,924.82, PIR Construction Fund
$351.85, Equipment Replacement Fund $ I , I ,380. 14, Art Center Fund $ I ,865.27, Golf
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Minutes/Edina City Council/December 18. 2018
Dome Fund $442.99, Aquatic Center Fund $887.42, Golf Course Fund $7,598.85, Ice
Arena Fund $26,772.28, Sports Dome Fund $2,0I0.83, Edinborough Park Fund
$8, 192.92, Centennial Lakes Park Fund $796.44, Liquor Fund $21 1,143.10, Utility Fund
$486,685.36, Storm Sewer Fund $8,423.88, Risk Mgmt ISF $298,080.29, PSFT Agency
Fund $2,289.77, HRA Administration $22,I75.48, Centennial TIF District $I,241.31,
Southdale 2 District $6,501.00: Total $ I ,452,098.75; and per credit card transactions
August 28, 2018 through September 25, 2018, and consisting of 22 pages: General
Fund $30,263.73, Police Special Revenue $I,072.05, Working Capital Fund $790.00,
Art Center Fund $688.44, Aquatic Center Fund $10.74, Golf Course Fund $3, 114.47,
Ice Arena Fund $2,921.95, Sports Dome Fund $375.00, Edinborough Park Fund
$902.87, Centennial Lakes Park Fund $I,033.47, Liquor Fund $I,814.77, Utility Fund
$3, 164.63, PSTF Agency Fund $101.34, Mn Task Force 1 Fund $705.50, Centennial TIF
District $376.62: Total $47,335.58; and per credit card transactions September 26,
2018 through October 26, 2018, and consisting of 22 pages: General Fund $32,214.04,
Police Special Revenue $231.96, Conservation & Sustainability $210.00, Working
Capital Fund $187.74, Art Center Fund $10.20, Golf Dome Fund $19.68, Golf Course
Fund $5,337.75, Ice Arena Fund $4,468.77, Sports Dome Fund $486.71, Edinborough
Park Fund $2,282.87, Centennial Lakes Park Fund $373.94, Liquor Fund $ I, 140.60,
Utility Fund $794.67, Storm Sewer Fund $32.96, PSTF Agency Fund $ I ,144.05, Mn
Task Force 1 Fund $2,968.81, Centennial TIF District $I 18.99: Total $52.023.74
V.C. Adopt Resolution No. 2018-141; Setting Polling Place Locations for 2018
V.D. Adopt Ordinance No. 2018-17; Amending Chapters 2 and 28 of the City Code, Setting
Fees for 2019
V.E. Authorize the Advertisement for Bid for the Arden Park Shelter
V.F. Adopt Resolution No. 2018-136 Authorizing Public Health Services Contract with
City of Bloomington
V.G. Final Rezoning and Site Improvement Agreement: Adopt Resolution No. 2018-137
and Ordinance No. 2018-09; 4500 France Avenue for Orion Investments
V.H. Final Rezoning: Adopt Resolution No. 2018-138 and Ordinance No. 2018-10; Final
Rezoning for 4532 France Avenue
V.I. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Waste Management, Inc., City Facility Refuse and Recycling Collection for 2019-2021,
$35,522.50
V.J. Approve Request for Purchase, awarding the bid to the recommended low bidder,
National Research Center, 2019 Quality of Life Survey, $34,805
V.K. Approve Settlement Agreement for February 2018 CenterPoint Gas Leak
V.L. Approve Permanent Easement with LB 49th % Street, LLC
V.M. Approve the 2019-2020 Union Contract for IAFF Local 1275; Firefighters
V.N. Approve Traffic Safety Report of November 6, 2018
Rollcall:
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VI. SPECIAL RECOGNITIONS AND PRESENTATIONS
A round of applause was offered by all in attendance in recognition of Member Stewart's last meeting.
VII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file.
VII.A. RESOLUTION NO. 2018-135 APPROVING THE ISSUANCE OF REVENUE BONDS BY THE
CITY OF MILACA ON BEHALF OF A&E CARE PROPERTIES, LLC — ADOPTED
Finance Director Uram shared that A&E Care Properties, LLC ("A&E") had requested the City of Milaca
to issue revenue bonds on behalf of A&E in an amount not to exceed $7,000,000 under the Municipal
Industrial Development Act. The proceeds of the bonds would be used to finance the purchase and
renovation of an existing office building located at 7171 Ohms Lane in Edina, which would provide office
space for about 100 employees of A&E Care Services, the non-profit management company for both Elim
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Minutes/Edina City Council/December 18, 2018
Care, Inc. and Augustana Care, Mr. Uram noted that although Milaca would issue the bonds, IRS Code
required the consent of the City Council of Edina after a public hearing on the proposed financing. He
noted A&E would pay all expenses with respect to issuance of the bonds and would in no way impact
Edina's bond ratings or count against its bonding limits, including bank -qualified limits, or result in any
liability for Edina.
Kathy Youngquist, A&E Care Services, explained how the merger of two companies' non -profits served
senior adults and how the Edina location would work well. She stated they would have 130 employees at
the office and noted the building had been empty for a few years.
Mark Beese, Northland Securities, said he was proud to welcome A&E Care Services to the City and
reiterated how the bonds would be issued by Milaca but required host approval to allow the tax
exemption.
Mayor Hovland opened the public hearing at 7:20 p.m.
Public Testimony
No one appeared.
Member Fischer made a motion, seconded by Member Stewart, to close the public hearing.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
Member Fischer introduced and move adoption of Resolution No. 2018-135 approving the
issuance of bonds by the City of Milaca on behalf of A&E Care Properties, LLC under
Minnesota Statutes, Sections 469.152 to 469.165. Member Brindle seconded the motion.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VII.B. RESOLUTION NO. 2018-142; APPROVING THE GREATER SOUTHDALE DISTRICT PLAN
— ADOPTED
Michael Schroeder, Chair of Greater Southdale District Work Group, introduced members of the Greater
Southdale District Work Group then shared a presentation how the Plan provided a framework for
making choices based on a shared community vision for the District's evolution. The Greater Southdale
District Plan would manage change and guide growth over the next ten years, and beyond, to build a
strong and resilient community for present and future generations. Mr. Schroeder explained how the Plan
built on the District's assets while charting a more urban and connected vision to create a more livable,
prosperous, mixed -use district in which to live, work, shop, play, learn, and feel part of the community.
The District Plan recognized Greater Southdale's key geographical location as a first -ring suburb in the
Twin Cities metropolitan area and its regional importance as it is positioned to accommodate a
significantly greater share of Edina's future residential, employment, and commercial growth. He stated
that on December 12, 2018, the Planning Commission unanimously recommended approval of the Plan
with the proposed amendments and would be part of the 2019 Comprehensive Plan Update. Mr.
Schroeder reviewed their work that included initial dialogue and creation of working principles,
framework, small area plan and Comprehensive Plan basis for the 750 acres of the Greater Southdale
District, community input open houses to gather input on building heights for France Avenue, transitions,
transportation and walkability, building design, housing and people, infrastructure, and the process that was
brought forward to the Planning Commission and carried forward. He also reviewed key elements that
included economic vitality and competitiveness, urban design, land use, transportation and mobility, parks
and public life, district services and facilities, sustainability, and water resources and explained the vision,
policy plan, and design experience guidelines. Mr. Schroeder thanked the Council for the opportunity.
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Minutes/Edina City Council/December 18. 2018
Community Development Director Teague referred to specific pages not needed in the Comprehensive
Plan and how staff agreed with the Planning Commission's recommendations. Mr. Schroeder said the
Working Group welcomed the Commission's changes and any proposed changes from the Council.
The Council asked questions regarding reference to affordable housing in the policy instead of specifics as
it would evolve over time and make the Plan stronger. The Council discussed a few minor edits and
thanked the Group for their input on sketch plan changes and referred to Page 36 and the diagram of
building conditions. The Council cautioned about context surrounding quick drive-bys and not full
inspection for substandard buildings. The Council agreed the document was a remarkable piece of work
and thanked the volunteers for their devotion and quality of guidance.
Mayor Hovland opened the public hearing at 7:52 p.m.
Public Testimony
Arnie Bigbee, 7621 Edinborough Way, addressed the Council.
Nora Davis, 6921 Southdale Road, addressed the Council.
Frank Lorenz, 7151 York Avenue South, addressed the Council.
Member Brindle made a motion, seconded by Member Fischer, to close the public hearing.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
The Council responded to concerns raised during public testimony regarding potential stormwater and
traffic management. City Engineer Millner said the Plan aligned with models with densities as proposed and
staff was comfortable with the Plan.
The Council thanked the Working Group members, particularly the Chair and Co -Chair, and stated the
strategic objectives fostered an inclusion and engaged community and applauded the neighbors for their
engagement. The Council noted while the document outlined the next 10-20 years, the Plan would take
40-50 years to complete. The Council liked the Commission's additions and moving this towards the next
Comprehensive Plan. The Council extended their gratitude for the Group's comprehensive work that
provided a framework for all Boards and Commissions, noting the final stage was incorporating those
pieces together and thanking everyone for participating in the process.
The Council commented on the comprehensive piece of work that provided a framework to respond to
future proposals and supported applying the new sketch plan review process soon in order to provide
public participation before too much time was invested. The Council commented on Centennial Lakes not
having enough parks and the goal to create more parkland and not as much parking area.
The Council formally recognized the Working Group and offered a round of applause.
Member Staunton introduced and move adoption of Resolution No. 2018-142 approving the
Greater Southdale District Plan for the 2019 Comprehensive Plan Update with the
amendments to remove pages 77 (existing zoning) and 78 (height overlay district); edit page
86 to explain how the building condition survey was done; forward the implementation
strategies recommended by the Planning Commission to the Transportation Commission
and the Energy and Environment Commission for consideration; and edit page 19 to refer to
the City's Affordable Housing Policy and not list specifics of the policy. Member Stewart
seconded the motion.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
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Minutes/Edina City Council/December 18. 2018
VII.C. COMPREHENSIVE PLAN AMENDMENT: RESOLUTION NO. 2018-140 DENYING A
COMPREHENSIVE PLAN AMENDMENT FOR 7399, 7401, AND 7505 METRO
BOULEVARD — ADOPTED
Mr. Teague stated Lakewest Development LLC was requesting an amendment to the Edina
Comprehensive Plan to reguide 7399, 7401, and 7505 Metro Boulevard from 0, Office District to OR,
Office Residential District, with an overall density of 50 units per acre. The purpose of the request was to
allow multifamily residential land uses on these sites with the first phase to include the existing building at
7505 Metro Boulevard to remodel the existing building and create 136 units of affordable housing
apartments. Phase I would also include the construction of a new 150-unit building to the north with
future phases to include remodeling the existing office building into 135 units and construction of two
additional 110- and I 57-unit buildings (320 units total); ten to twenty percent of the future phases would
be for affordable housing to meet the city's affordable housing policy. Mr. Teague stated overall density
would be 50 units per acre with 606 units on the 12.12-acre site; 27-33 percent of the units would be
dedicated as affordable housing beyond the City's Affordable Housing Policy of between 10-20 percent.
Mr. Teague explained why the sewer capacity discussion had not been reviewed to -date as the intent was
to study the entire industrial area and otherwise seemed premature. He noted a decision on the land use
was needed this evening in order to meet the Comprehensive Plan submittal deadline to Metropolitan
Council by year-end.
Mr. Millner commented on potential sanitary sewer concerns raised and identified trunk pipes under
Highway 100. He noted should the project happen it would not cause immediate basement back-ups as
some had indicated but that staff had not yet reviewed this area for increased sanitary or transportation
impacts. He shared how additional flow could affect current safety factors and indicated a study would be
needed in 2019 in order to identify ways to mitigate potential concerns. Mr. Millner explained how the
change of land use could affect future requests and should the Council want to move forward, approval
could be conditioned on no increase of risk to the system as well as a transportation study in 2020 to fully
understand those affects.
Mr. Teague said while a significant number of affordable housing units would be included in this project, the
area was targeted for future planning and would need further study on potential impacts.
Applicant Presentation
Curt Fretham, Lake West Development, LLC shared the background of their firm and how they worked
to create infill developments and address opposition. He introduced his development team to answer
questions.
Perry Ryan, Lake West Development, LLC, shared comments about the proposed project that would
provide 151 affordable housing units in Phase I . He noted other project merits included an opportunity to
redevelop and create a live/work opportunity node, brewery/restaurant, 150 market -rate apartments, 20-
foot pedestrian boardwalk attached to a future greenway, tot lot, and environmental positives that
removed hard space and replaced with green area. Mr. Ryan said the project would provide housing
opportunities for many, noting the 2008 Comprehensive Plan referred to this area for future residential.
Jeff Shopek, Loucks and Associates, shared comments on sewer flow peaks in the morning and evening and
explained their proposal to minimize flow by utilizing a holding tank that was released over time during the
day.
Mr. Ryan concluded that densities were consistent with the contemplated area in Office Residential and
that higher densities achieved affordable housing goals and would generate less traffic than office uses.
The Council asked questions regarding the number of holding tanks proposed. Mr. Shopek said they
proposed one tank in the middle of the project for all buildings as the first phase would have minimal
impact.
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Minutes/Edina City Council/December 18. 2018
Mayor Hovland opened the public hearing at 9:02 p.m.
Public Testimony
Bill Griffin, 8300 Norman Center Drive, Bloomington, addressed the Council.
Nora Davis, 6921 Southdale Road, addressed the Council.
Member Brindle made a motion, seconded by Member Staunton, to close the public hearing.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
The Council offered comments regarding perceived excessive office space in Edina and why affordable
housing was dedicated to only one building as well as the enormous amount of surface parking proposed.
The Council commented on the potential areas of change and that this should be further explored for
consideration of Class A office space. The Council shared comments about the General Mixed -Use
category and need to study it over the next decade. While the Council liked the proposed site plan, it was
noted the use was removed 10 years ago and needed to be reviewed again. The Council indicated it was
important to prepare and review where parks and pedestrian connections should be and pay attention to
recommendations on commercial/industrial office uses in the future. The Council commented on the
importance of balance of co -existence, complimented the applicant on their team, and thanked them for
the proposal to introduce a new opportunity for people to live in Edina.
Member Brindle introduced and move adoption of Resolution No. 2018-140 denying a
Comprehensive Plan Amendment to reguide 7399, 7401 and 7505 Metro Boulevard from 0
Office to OR Office Residential based on the following findings:
1. The existing sanitary sewer system that would serve this site is at capacity, and may not
adequately support turning this site into a residential use. Residential units generate
more wastewater leading to the need for more sanitary sewer capacity compared to
office uses.
2. The area has not been considered for residential development. Because this site has
never been considered for residential uses in any recent comprehensive planning efforts,
the need to upgrade the sewer system to support residential land use has never been
identified.
3. The City will study the sewer capacity issue that serves this site in 2019.
4. The proposal is premature given the city's plan to study the area in further detail. As
identified in the Big Idea's workshop; this area is part of the future study area that would
examine the future of the City's office/industrial park. This area extends from 77th Street
on the south to 70th Street on the north; and from Highway 100 on the east to Cahill
Drive on the west. During that study, the engineering study could determine the
feasibility and cost to adequately serve a change in land use in the area.
5. The Applicant's desire to construct and remodel a building that cannot be constructed
without a Comprehensive Plan Amendment is not a sufficient reason to amend the
Comprehensive Plan.
6. The Subject Property currently has reasonable uses and can be reasonably redeveloped
without the Comprehensive Plan Amendment. Member Brindle seconded the motion.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VIII. REPORTS/RECOMMENDATIONS
VIII.A. REDEVELOPMENT AGREEMENT WITH ORION 4500 FRANCE, LLC — APPROVED
Economic Development Manager Neuendorf said this item pertained to the redevelopment of the one -
acre site at the southwestern corner of Sunnyside Road and France Avenue. He stated with assistance of
legal and financial advisors, staff negotiated general terms and conditions which were approved by the
Edina Housing and Redevelopment Authority (HRA) on October II, 2018 and the Edina City Council on
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Minutes/Edina City Council/December 18, 2018
October 16, 2018. The Agreement outlined the qualified expenses for which the developer would be
reimbursed after successful completion of the project and delivery of the public improvements and that
the developer was agreeable to the terms in the Agreement and prepared to begin work immediately. Mr.
Neuendorf confirmed typo corrections that properly reflected the amount of $2.295 million.
The Council referred to Ms. Appledorn's comments regarding the need for the porkchop on Sunnyside
and France Avenue to function better. Ted Carlson, applicant, said they explored options with Hennepin
County but none were available at this time. Mr. Millner confirmed that staff reviewed turning templates
with buses and other vehicles and changes to the porkchop would make the area less safe but that after
removal of the power poles in the porkchop, staff would work with the County to provide better
crossings.
Mr. Carlson commented on the telecom providers with nine power lines to be identified and removed
with the goal to remove as many as far north from 44th Street as possible. Mr. Carlson shared their
support of a greater plan for parking in the business district as well.
Mr. Millner noted transformers on the north pole would make its removal more difficult. Mr. Neal said
staff would continue to work with Excel Energy on options.
Jay Lindgren, Dorsey & Whitney, confirmed no changes had occurred from previous consideration and the
agreement was consistent with the term sheet. Nick Anhut, Ehlers and Associates, concurred and
recommended approval.
Mr. Neuendorf explained this action would provide a strong proposal for the corner that had been vacant
for a year, bring action quickly before vandalism occurred, and result in a new project and investment.
The Council expressed concern about the overall public benefit that was to be provided by burying
overhead lines throughout the majority of neighborhood and said while they understood it would be
difficult to do, it was agreed to in the term sheet. Mr. Neuendorf responded how the estimated $450,000
cost to bury the lines could change based on actual costs and would be acceptable from a TIF standpoint
but require further planning and development review.
The Council indicated it understood power pole removal would occur to the Derr building and was a large
part of the approval. The Council stressed the importance of burying these power lines as part of the
overall public improvement. Mr. Neuendorf noted the agreement provided some flexibility regarding
specific poles but would review other financing options subject to Excel Energy's approval. Member
Brindle made a motion, seconded by Member Staunton, to approve the Redevelopment
Agreement with Orion 4500 France, LLC and authorize staff to implement the terms of the
agreement.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VIII.B. ORDINANCE NO. 2018-18 AMENDING SOLAR ZONING — ADOPTED
Management Fellow Casella stated the proposed Ordinance would amend Chapter 36 of the Edina City
Code to remove barriers to solar development. She stated the Council granted first reading on December
4, 2018 meeting and outlined the goal to ensure residents and businesses utilize renewal technologies in
Edina and reduce greenhouse emissions by 30% by 2025. Ms. Casella highlighted the definition of solar
energy system and how the recommendation regarding height limitations on solar energy systems not
exceeding four feet from the roof had been included.
The Council asked why the Ordinance included City permission to sell excess generation back to the
public utility. Ms. Casella stated the language was meant to explain options to residents.
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Minutes/Edina City Council/December 18. 2018
Member Brindle made a motion, seconded by Member Staunton, to grant Second Reading
adopting Ordinance No. 2018-18 amending the zoning City Code regarding solar energy
systems as amended: Solar energy systems may generate energy in excess of the energy
requirements of a property '
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VIII.C. RESOLUTION 2018-124 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 Stewart introduced and moved adoption of Resolution No. 2018-124 accepting
various grants and donations. Member Brindle seconded the motion.
Rollcall:
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
IX. CORRESPONDENCE AND PETITIONS
IX.A. CORRESPONDENCE - Received
Mayor Hovland acknowledged the Council's receipt of various correspondence.
IX.B. MINUTES — Received
I. PARKS AND RECREATION COMMISSION, NOVEMBER 13, 2018
Informational; no action required.
X. AVIATION NOISE UPDATE — Received
XI. MAYOR AND COUNCIL COMMENTS — Received
Member Stewart shared parting comments about his years on the Council and thanked everyone for the
privilege of serving the City. The Council extended its thanks and presented Member Stewart with a
plaque of recognition. A round of applause was offered by all.
XII. MANAGER'S COMMENTS — Received
XIII. SCHEDULE OF MEETINGS, EVENTS AND DATES AS OF DECEMBER 18, 2018 — Received
XIV. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Ho and d 1c .red-t '-eting adjourned
at 10:35 p.m.
Respectfully submitted,
Minutes approved by Edina City Council, January 8, 2019.
Video Copy of the December 18, 2018, meeting available.
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on, City Clerk
Jame B. Hovland, ayar-