HomeMy WebLinkAbout2010-02-16 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
FEBRUARY 16, 2010
7:03 P.M.
ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor
Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Brindle and seconded by
Member Swenson approving the Council Consent Agenda with the exception of Item IV.F.
Request Commissioner of Transportation to Complete Speed Study of West 66th Street.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
*MINUTES APPROVED — REGULAR MEETING OF FEBRUARY 1. 2010 AND WORK SESSION
OF FEBRUARY 1. 2010 Motion made by Member Brindle and seconded by Member Swenson
approving the minutes of the Regular Meeting of February 1, 2010, and Work Session of
February 1, 2010.
Motion carried on rollcall vote—five ayes.
PUBLIC HEARING HELD ON 2010 COMMUNITY DEVELOPMENT BLOCK GRANT —
RESOLUTION NO. 2010-22 ADOPTED Affidavits of Notice presented and ordered placed on file.
Associate Planner Repya described the Community Development Block Grant Program, noting the
2010 CDBG budget allotment was $161,303. She presented the recommendation of the Human
Rights and Relations Commission for the following distribution: Senior Community Services
(Housing and Outdoor Maintenance for the Elderly) of $17,165, Community Action Partnership for
Suburban Hennepin (CAPSH) of$5,000, and HomeLine of$2,030. Ms. Repya explained that after
this $24,195 distribution for public services, staff recommended directing $55,108 to the
Rehabilitation of Private Property Program and $82,000 to West Hennepin Affordable Housing
Land Trust.
Member Swenson disclosed that she served on the board of CAPSH but received no remuneration
for her service.
Janet Lindbo, Executive Director for Homes Within Reach, described the program's requirement
with regard to payment of property taxes.
Beth Kodluboy, Executive Director of HomeLine, answered the Council's question about the calls
received from Edina households, mostly due to foreclosures, infestation, and repairs. The Council
requested the City's website include the telephone numbers that could be called should the need
arise.
Mayor Hovland opened the public hearing at 7:11 p.m.
Public Testimony
Kitty Engle, HOME Senior Community Services, reviewed the services they provided to Edina
seniors, points of referral, and thanked the Council for its support and long-term partnership.
Scott Zemke, Director of Program Operations for CAPSH, thanked the City for its support.
Member Housh made a motion, seconded by Member Brindle, to close the public hearing.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
Page 1
Minutes/Edina City Council/February 16, 2010
Member Housh introduced and moved adoption of Resolution No. 2010-22, approving
proposed use of 2010 Urban Hennepin County Community Development Block Grant
Program funds and authorizing execution of subrecipient agreement with Hennepin County
and any third party agreements. Member Swenson seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
PUBLIC HEARING HELD ON THE WATERS SENIOR LIVING OF EDINA — RESOLUTION NO.
2010-25 and 2010-26 ADOPTED APPROVING GUIDE PLAN AMENDMENT, REZONING
PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT, THE WATERS SENIOR
LIVING OF EDINA Affidavits of Notice presented and ordered placed on file.
Planning Director Presentation
Planning Director Teague presented the application of The Waters Senior Living of Edina, 6200
Colonial Way, for a four story 150-unit senior housing project. He stated the first consideration
would be the requested comprehensive guide plan amendment from public/semi-public to high
density residential, a rezoning from R-1 single family unit district to PRD-5 planned residential
district-5, preliminary development plan, and subdivision to create a new lot for the development.
This action would require a four-fifths vote of the Council. The second consideration would be the
preliminary rezoning, preliminary development plan and preliminary plat, which required a three-
fifths favorable vote of the Council. Mr. Teague presented details of the project and advised the
proponent desired to offer affordable housing if some assistance was offered by the City. He
stated the Planning Commission, on an eight aye and one nay vote, recommended approval
subject to the findings and conditions identified in the staff report.
Mr. Teague answered questions of the Council regarding zoning and parking requirements. Mr.
Teague advised that every unit within this development would receive care, meeting the definition
of assisted living residence. The Council noted a trail on Colonial Way was not proposed, which
could be addressed prior to final plat consideration.
Proponent Presentation
Jay Jensen, Covenire Care, presented their development philosophy of "residents first" that
allowed residents to age in place and goal for residents to live as independently as possible even
though all received services. He described the proposed project components, displayed visuals of
site features, and advised of market demand and derived public benefit.
Ted Yoch, Colonial Church Development Task Force Chairman, reviewed their RFP process
Colonial Church had followed to find a qualified developer for this project and asked for the
Council's favorable approval.
Senior Pastor Jack Fortin, Colonial Church, extended support for The Waters Senior Living project
and affordable housing component.
Pastor David Holm, Director of Spiritual Services for The Waters Senior Living, described their
extended spiritual program.
The Council asked questions of Mr. Yoch and Mr. Jensen about the project and opportunities given
to the neighborhood for input. Mr. Jensen explained that affordable units would be available
through the Hennepin County Elderly Waiver Program and their intent to offer affordable units even
if State funding for that program was withdrawn. He advised that sidewalks would be incorporated
to provide access between buildings and to the park. Mr. Jensen responded to the Council's
concern with building mass on the north elevation, design materials, and traffic.
Page 2
Minutes/Edina City Council/February 16, 2010
Frank Nevis, HGA Architects, answered questions of the Council and presented an exterior
materials sample board.
Vernon Swing, RLK, Inc. answered questions of the Council regarding the traffic service level at
the Crosstown ramps and Tracy Avenue. RLK had determined the amount of traffic generated by
the development would be negligible and non-perceptible when compared to the existing traffic and
would not impact the level of service. Mr. Jensen described the landscaping plan and downcast
box lighting that would be used. Mr. Jensen stated staff would have overlapping schedules that
would avoid a.m. and p.m. rush hours.
Mayor Hovland opened the public hearing at 7:35 p.m.
Public Testimony
Maria Field, representing Heritage of Edina, addressed the Council.
Lawrence Kerzner, 5828 Jeff Place, addressed the Council.
Patricia Mohr, 5440 Vernon Avenue, addressed the Council.
Chase Lindberger, representing Edina Park Plaza, addressed the Council.
Dorothy Kerzner, 5828 Jeff Place, addressed the Council.
Bill Johnson, 5816 Olinger Boulevard, addressed the Council.
Gene Holderness, 6807 Dovre Drive, addressed the Council.
Sarah Jones, 4701 Aspasia Circle, addressed the Council.
Kevin Smith, 5125 Schaefer Road, addressed the Council.
Liz Beer, 5804 Jeff Place, addressed the Council.
Jeff Pope, 6621 Mohawk Trail, addressed the Council.
Jennifer Myers, 4208 Oakdale Avenue, addressed the Council.
Elgin Manhard, 5529 Village Drive, addressed the Council.
Nancy Frykman, 6028 Schaefer Road, addressed the Council.
Michael Hime, 5300 Chantrey Road, addressed the Council.
Bill Rodgers, 6100 Arbour Lane, addressed the Council.
Steven Anderson, 7008 Mark Terrace Drive, addressed the Council.
Judith Rodgers, 6100 Arbour Lane, addressed the Council.
Ted Yoch, 6224 Braeburn Circle, addressed the Council.
Jennifer Kemp, Property Manager of Vernon Terrace, addressed the Council.
Member Swenson made a motion, seconded by Member Housh, to close the public hearing.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
Page 3
Minutes/Edina City Council/February 16, 2010
The Council stressed its goal was always community benefit. At the request of the Council, Mr.
Teague and the proponents addressed questions raised during the public hearing. Following
discussion of the project, the Council stated the need for enhanced exterior treatment of the
memory care building and requested additional analysis of the affordability component.
Member Housh introduced and moved adoption of Resolution No. 2010-26, approving a
guide plan amendment from quasi-public to high density residential for Colonial Church at
6200 Colonial Way subject to the following findings:
1. The guide plan change is consistent with the adjacent land uses.
2. The senior housing development is consistent with the multiple family housing
development to the west.
3. The guide plan change would be consistent with the public health, safety, and welfare.
4. If affordable housing is included, it would assist in meeting the City's goal of 212
affordable housing units by 2030.
5. The existing roadways would support the proposed project.
6. The proposed project would meet the following goals of the Comprehensive Plan:
a. Promote increased housing opportunities and a diversity of housing types by
promoting the creative and innovative use of land designated for residential/
commercial mixed-use while complementing the character of existing development
and promoting transit use and other mobility alternatives.
b. Seek to accommodate the total projected 1,500 new households projected to locate
in the City by the year 2030.
c. Promote a vision of community that is inclusive of a wide range of ages, incomes,
and abilities and offers a wide range of housing options for Edina's residents. This
broad vision of community is a cornerstone to promoting workforce housing that
includes a wide range of housing prices and options, based on the principle that
those who contribute to the community should have the opportunity to live here.
Also, this housing vision strengthens and reinvigorates community institutions and
makes the City an attractive destination for young families.
d. Increase the appeal of Edina's housing stock in order to attract new residents and
retain current residents.
e. Promote lifecycle housing to support a range of housing options that meet people's
preferences and circumstances at all stages of life.
f. Acknowledge the interrelationship between land use and transportation, and support
the expansion of existing transportation infrastructure capacity through wise land
use.
and subject to the following conditions:
1. Rezoning and preliminary development plan approval for a senior assisted-living
project.
Member Swenson seconded the motion.
The Council indicated the City's demographics had evolved, this project met a community need,
and created an opportunity to bring a new offering of quality senior housing by a provider with a
proven track record. It also met initiatives within the Comprehensive Plan. The need to balance
competing interests was addressed and concern discussed about the size, scope, and scale of the
project. The Council indicated that due diligence had been completed in consideration of the
requested guide plan amendment.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
Member Bennett requested that the previous motion be reconsidered allowing her to change her
vote, stating while she supported the guide plan amendment and preliminary concept, she would
not support the project as designed.
Page 4
Minutes/Edina City Council/February 16, 2010
Member Bennett made a motion, seconded by Member Swenson, to reconsider.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
Member Housh introduced and moved adoption of Resolution 2010-26, approving a guide
plan amendment from quasi-public to high density residential for Colonial Church at 6200
Colonial Way, subject to the findings and conditions as stated above. Member Swenson
seconded the motion.
Rollcall:
Ayes: Brindle, Housh, Swenson, Hovland
Nays: Bennett
Motion carried.
Member Swenson introduced and moved adoption of Resolution No. 2010-25, approving a
preliminary rezoning, preliminary plat and preliminary development plan for The Colonial
Church site at 6200 Colonial Way subject to the following findings:
1. The guide plan change is consistent with the adjacent land uses.
2. The senior housing development is consistent with the multiple family housing
development to the west.
3. The guide plan change would be consistent with the public health, safety, and welfare.
4. If affordable housing is included, it would assist in meeting the City's goal of 212
affordable housing units by 2030.
5. The existing roadways would support the proposed project.
6. The proposed project would meet the following goals of the Comprehensive Plan.
a. Promote increased housing opportunities and a diversity of housing types by
promoting the creative and innovative use of land designated for residential/
commercial mixed-use while complementing the character of existing development
and promoting transit use and a other mobility alternatives.
b. Seek to accommodate the total projected 1,500 new households projected to locate
in the City by the year 2030.
c. Promote a vision of community that is inclusive of a wide range of ages, incomes,
and abilities and offers a wide range of housing options for Edina's residents. This
broad vision of community is a cornerstone to promoting workforce housing that
includes a wide range of housing prices and options, based on the principle that
those who contribute to the community should have the opportunity to live here.
Also, this housing vision strengthens and reinvigorates community institutions and
makes the City an attractive destination for young families.
d. Increase the appeal of Edina's housing stock in order to attract new residents and
retain current residents.
e. Promote lifecycle housing to support a range of housing options that meet people's
preferences and circumstances at all stages of life.
f. Acknowledge the interrelationship between land use and transportation, and support
the expansion of existing transportation infrastructure capacity through wise land
use.
and subject to the following conditions:
1. The final development plan must be generally consistent with approved preliminary
development plans date-stamped December 29, 2009.
2. All traffic mitigation measures as required by the Transportation Commission and traffic
study must be followed.
3. Final park dedication requirement would be determined at final development plan
approval.
4. Final development plans must be reviewed and approved by the Nine Mile Creek,
Watershed District. Plans must be revised per conditions of the Watershed District.
5. Final development plans shall comply with all the conditions outlined in the city
engineer's memo dated January 21, 2010; the building official's memo dated January 7,
2010, and the fire marshal's memo dated January 11, 2010.
Page 5
Minutes/Edina City Council/February 16, 2010
6. Implementation of the applicant's Travel Demand Management Plan (TDM), as
submitted.
7. Thirty units or twenty percent (20%) of the project may contain affordable housing. How
the affordable housing would be accomplished would be determined at the time of final
development plan and final rezoning.
8. On-site sidewalks must be incorporated into the Final Development Plan, and have
connections.
9. Provide a ten-foot trail easement as part of the park dedication requirement.
10. Cross-easements must be established over the exterior parking lot of the senior housing
project, to allow the church access to those spaces.
11. The exterior of the memory care units (north facing east end of the building) must be
revised and enhanced, subject to review and approval at the time of final development
plan.
12. Building elevations or perspectives from Olinger Boulevard showing the proposed
building and landscaping as planted, must be submitted as part of the Final
Development Plan Application.
13.Additional landscaping should be provided along the north side of the property.
Member Housh seconded the motion.
Mr. Nevis presented the exterior materials sample board and answered questions of the Council.
The Council noted the renderings identified the view from the Church property and requested
renderings as viewed from residential homes with and without vegetation. The Council indicated
that while it supported the concept of this project, concern remained with the four-story height and
mass as currently designed.
Rollcall:
Ayes: Brindle, Housh, Swenson, Hovland
Nays: Bennett
Motion carried.
PUBLIC HEARING HELD ON INTENT TO ISSUE CAPITAL IMPROVEMENT PLAN BONDS —
CAPITAL IMPROVEMENT PLAN AMENDED — RESOLUTION NO. 2010-24 ADOPTED Affidavits
of Notice presented and ordered placed on file.
Mr. Hughes presented the recommendation to refund bonds to garner significant savings either
through reissuing lease revenue bonds or a more advantageous savings to refund through
issuance of general obligation bonds. He advised that the second alternative required holding a
public hearing and amendment to the capital improvement plan. It was noted this would not
involve new spending, but reduction of existing debt.
Mayor Hovland opened the public hearing at 10:45 p.m.
Public Testimony
No one appeared to comment.
Member Bennett made a motion, seconded by Member Housh, to close the public hearing.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
Member Swenson introduced and moved adoption of Resolution No. 2010-24, giving
preliminary approval for the issuance of general obligation capital improvement plan bonds
in an amount not to exceed $9,500,000 and adopting the City of Edina, Minnesota, capital
improvement plan for 2010 through 2014 under Minnesota statutes, section 475.521. Member
Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Page 6
Minutes/Edina City Council/February 16, 2010
Motion carried.
*AWARD OF BID — 2010 FIBER OPTIC LOCATION CONTRACT RENEWED Motion made by
Member Brindle and seconded by Member Swenson awarding the bid for 2010 fiber optic
location service contract renewal to the recommended low bidder, Access
Communications, Inc. at$22,727.71.
Motion carried on rollcall vote—five ayes.
*AWARD OF BID — PURCHASE OF GREENS MOWER Motion made by Member Brindle and
seconded by Member Swenson awarding the bid for Toro greens mower for Braemar Golf
Course to the recommended low bidder, MTI Distributing at$22,088.02.
Motion carried on rollcall vote—five ayes.
RESOLUTION NO. 2010-23 ADOPTED ACCEPTING VARIOUS 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
Bennett introduced and moved adoption of Resolution No. 2010-23 accepting various
donations. Member Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
ORDINANCE NO. 2010-03 ADOPTED — SPECIAL PERMIT ORDINANCE AMENDED TO
INCLUDE FARMERS MARKETS Park & Recreation Director Keprios presented the
recommendation of the Park Board to offer a farmers market at Centennial Lakes Park, which
required an amendment to City Code 1230.07, and requested the Council waive second reading.
The Council questioned the suggested ordinance language that allowed consignment for retail
sale. Centennial Lakes Park Manager Shirley stated the farmers market would be held on
Thursdays, 3:00 p.m. to 7:00 p.m., from July 1 to September 30, 2010. Sales would be of items
grown or produced by the vendor and other items considered on a case-by-case basis. The
Council asked questions of staff, discussed the recommendation, and requested that organic items
be signed as such. Member Swenson made a motion, seconded by Member Bennett, to grant
First and waive Second Reading adopting Ordinance No. 2010-03, amending the Edina city
code concerning farmers markets, revising the title of Section 2010.07, to indicate: "Special
Permits for Pushcarts, Sidewalk Cafes and Farmers Markets" and the terms "farmer and
farmer's" to "farmers" throughout.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
ART CENTER BOARD APPOINTMENT CONFIRMED Mayor Hovland nominated Jini Washburn
for appointment to the Art Center Board to fill the remainder of Michael Whitt's term. Mayor
Hovland made a motion, seconded by Member Brindle, confirming the appointment of Jini
Washburn to the Art Center Board with a term ending February 1, 2011.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
*DEBT COMPLIANCE POLICY APPROVED Motion made by Member Brindle and seconded
by Member Swenson approving the post-issuance Debt Compliance Policy.
Motion carried on rollcall vote—five ayes.
RIDGE ROAD FEASIBILITY STUDY ORDERED City Engineer Houle presented the request of
Betsy Robinson, 5021 Ridge Road, and neighbors that the City reconsider Ridge Road for
reconstruction. The Council could either request the Ridge Road residents submit a petition for the
project or direct the engineering department to prepare a feasibility study for the 2011
reconstruction season. He advised the pavement management system rated Ridge Road at 40
Page 7
Minutes/Edina City Council/February 16, 2010
and scheduled reconstruction for 2017. Mr. Hughes stated staff would recommend the same cost
split for this project as other projects; the City would pay utility improvement costs and residents
assessed for the street surface. This project did not move forward in 2004 because residents
would not support the assessment or curb and gutter. The Council discussed the pavement
condition. Member Housh introduced and moved adoption of Resolution No. 2010-28,
ordering feasibility report. Member Brindle seconded the motion.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
SPEED STUDY REFERRED TO EDINA TRANSPORTATION COMMISISON Following
discussion, Member Bennett made a motion, seconded by Member Swenson, to refer the
request for a speed study on West 66th Street from TH100 to Valley View Road to the Edina
Transportation Commission.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
*METROPOLITAN COUNCIL HOUSING AGREEMENT AMENDED Motion made by Member
Brindle and seconded by Member Swenson to authorize signature and execution of a
revised amendment to the Cooperation Agreement for the Metropolitan Council Family
Affordable Housing Program.
Motion carried on rollcall vote—five ayes.
COMMUNITY COMMENT
No one appeared to comment.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Brindle and seconded by
Member Swenson approving payment of the following claims as shown in detail on the
Check Register dated February 4, 2010, and consisting of 29 pages: General Fund
$475,838.29; Communications Fund $2,542.25; Working Capital Fund $21,715.43; Art Center
Fund $10,780.15; Golf Dome Fund $733.76; Golf Course Fund $11,726.99; Ice Arena Fund
$2,963.12; Edinborough/Centennial Lakes Fund $20,253.44; Liquor Fund $135,668.87; Utility
Fund $14,585.87; Recycling Fund $32.44; PSTF Agency Fund $14,540.42; TOTAL
$711,381.01 and for approval of payment of claims dated February 11, 2010, and consisting
of 30 pages: General Fund $887,746.08; Communications Fund $1,325.28; Police Special
Revenue $3,006.28; Working Capital Fund $4,861.71; Art Center Fund $3,072.99; Golf Dome
Fund $4,534.90; Aquatic Center Fund $1,467.97; Golf Course Fund $6,373.45; Ice Arena
Fund $53,375.71; Edinborough/Centennial Lakes Fund $19,007.97; Liquor Fund $250,580.34;
Utility Fund $385,892.63; Storm Sewer Fund $1,956.10; PSTF Agency Fund $5,035.31;
TOTAL $1,629,236.71 and Credit Card Transactions dated December 28, 2009 to January 25,
2010: TOTAL $3,364.67.
Motion carried on rollcall vote—five ayes.
There being no further business on the Council Agenda, Mayor Hovland declared the meeting
adjourned at 11:22 p.m.
Respectfully submitted,
Debr A angen, Oity rk
Minutes approved by Edina City Council, March 2, 2010.
James B. Hovland, Mayor
Video Copy of the February 16, 2010, meeting available.
Page 8