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HomeMy WebLinkAbout2019-12-03 City Council Regular MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 3, 2019 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m. II. ROLLCALL Answering rollcall were Members Anderson, Brindle, Fischer, Staunton and Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE III.A. MOMENT OF SILENCE FOR EMPLOYEE RON TSCHOSICK Manager Neal shared about the work and dedication of Braemar Golf Course employee Ron Tschosick, who passed away October 31, 2019. A moment of silence was presented in his honor. IV. MEETING AGENDA APPROVED AS PRESENTED Member Staunton made a motion, seconded by Member Anderson, to approve the meeting agenda as presented. Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. V.A. COMMUNITY COMMENT Susan Peterson, 4060 Sunnyside Road, addressed the Council. Kelly Workinger, 5224 Kellogg Ave., addressed the Council. Andy Brown, 5512 Park Place, addressed the Council. V.B. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS Engineering Director Millner responded to the petition presented for the parking pilot on Sunnyside Road. Manager Neal responded to past Community Comments. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Fischer made a motion, seconded by Member Brindle, approving the consent agenda as revised to remove Item Vl.l, Request for Purchase: Glengarry Parkway Sump Drain Improvements, as follows: VI.A. Approve minutes of the Town Hall meeting November 16, 2019, and the November 19, 2019, Work Session and Regular Meeting VI.B. Approve payment claims for Check Register Claims pre-list dated November 21 through November 27, 2019 totaling $2,332,933.73, Electronic Payment Register dated November 21 through November 27, 2019 totaling $184,397.28, and Credit Card Transactions August 27 through September 25, 2019, totaling $63,749.68 VI.C. Adopt Resolution No. 2019-107; Approving Deferral of Special Assessments VI.D. Adopt Resolution No. 2019-109; Setting 2020 Ambulance and Miscellaneous Fire Fees VI.E. Approve Request for Purchase, awarding the bid to the recommended low bidder, Public Safety Communication Radios, Motorola Solutions, $25,720.00 VI.F. Adopt Ordinance No. 2019-18; Amending Chapter 22 Concerning Access to Multi- Unit Structures by U.S. Census Bureau Employees Page 1 Minutes/Edina City Council/December 3, 2019 VI.G. Approve Termination of Metropolitan Livable Communities Demonstration Account Grant VI.H. Approve 50th and France Shared Trash Facility Master License Agreements VI.I. VI.J. Approve 2020 Calendar of Meeting Dates VI.K. Approve Proposed 2020 Commission Work Plans VI.L. Adopt Resolution No. 2019-110; Accepting Donations Rol!call: Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. VI.I. REQUEST FOR PURCHASE: GLENGARRY PARKWAY SUMP DRAIN IMPROVEMENTS — APPROVED The Council asked about reasons for and cost to address drainage issues in this area that included a storm water drainage system. Mr. Millner explained the new home constructed in this neighborhood resulted in drainage issues, which had included sump pumps and an extensive infiltration system above building requirements but to date was not successful. He said staff suggested a solution that included neighboring property owners to fund the sump drain improvements through the street reconstruction project as it had a public benefit to reduce water in the summer and ice management in the winter. The Council clarified this would address storm water management overall and used this as example of a solution because there was no obligation from the builder for storm water management except to the right-of-way, after which the City was responsible to manage. Mr. Millner said the builder tried to address the concern on the property with infiltration basins, which were still in place and operational but not sufficient. Member Staunton made a motion, seconded by Member Brindle, to approve the request for purchase, awarding the bid to the recommended low bidder, Glengarry Parkway Sump Drain Improvements, Downrite Boring & Metro General Services, $24,560. Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. HUMAN RIGHTS & RELATIONS COMMISSION: TOM OYE AWARDS — PRESENTED Human Rights & Relations Commissioner Ellen Kennedy recognized the 2019 Tom Oye Award recipients and introduced Caitlin Ellingen Abram, daughter of the first Tom Oye Award recipient, 2006 winner Mary Ellingen, to present the awards. Ms. Ellingen Abram shared comments about her beloved mother's achievements then presented the Tom Oye Awards to Olivia Pierce and Sanford Berman for their work and dedication to human rights. A round of applause was offered by all in attendance. VII.B. BODY-WORN CAMERA POLICY— PRESENTED Sgt. White shared a presentation on the process used to develop the proposed Body-Worn Camera Policy as outlined by State Statute and based on the League of Minnesota Cities model policy. He reviewed the policy that included data retention, public access, technical specifications and purchasing process. Community Engagement Coordinator Lamon explained the process for gathering public input on the policy that included online through Better Together Edina and the public meeting opportunity at the December 17, 2019 Council meeting. VIII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2019-108, AUTHORIZING SUBMITTAL OF THE 2018 COMPREHENSIVE PLAN TO METROPOLITAN COUNCIL — ADOPTED Mayor Hovland shared comments about how the Comprehensive Plan was a work product from over 100 residents that included the Task Force, Work Group and Advisory Commissions and spanned two years and over 180 public meetings. He thanked the Planning Commission for its leadership in this effort and thanked staff and consultants for their work. He outlined the areas of proposed change and process as Page 2 Minutes/Edina City Council/December 3. 2019 required by Statute and said the public hearing was to gather input for consideration for authorization to staff to submit the 2018 Comprehensive Plan to Metropolitan Council. He noted the Plan provided a vision for the City and framework for shaping future growth and change and contained information about current conditions, trends, goals and policies for land use, community design, housing, transportation, parks, recreation, and natural resources, water resources, heritage preservation, and community services and facilities. Bill Smith, Biko Associates, reviewed the planning process and purpose of the Comprehensive Plan, public meetings and schedule, revisions since the March 2019 draft plan presentation, and next steps. He said the Plan allowed the opportunity to respond to development and prepare for local non-regional concerns and issues such as arts and culture, community health, and other topics. Dan Cornejo, Cornejo Consulting, explained how the Small Area Planning was a large portion of the planning process that identified proposed areas of change for increased density and the need for urban design guidelines into smaller blocks, building setbacks, more walkable areas, central parks in the northwestern area, promenade extension, expansion of library services connected to the plaza, stormwater management enhancements, and amenity. He spoke about goals of the Small Area Plans (SAPS) that included preserving the integrity of single-family and low-density neighborhoods, focused redevelopment, enhanced mobility, and others. Mr. Smith highlighted the planning process and role the community played led by the Planning Commission and how 93 percent of proposed City development would not change. Haila Maze, Bolton & Menk, presented proposed revisions and described how public input was solicited throughout the process. She reviewed clarification on growth forecasts, benefits of new growth, updates to land use calculations, revisions to affordable housing allocation consistent with land use, and next steps for submission by year end. Community Development Director Teague shared responses to public input from resident Roberta Castellano that included falsely reported housing unit density ranges for medium density residential areas, backdating of portions of the Plan, and others. Mayor Hovland opened the public hearing at 8:22 p.m. The Council confirmed no comments were received from the Edina School District when requested. Public Testimony JoAnn Olsen, 4379 Mackey Avenue, Planning Commission Chair, addressed the Council. Carolyn Jackson, 5716 Continental Drive, Energy & Environment Commission Chair, addressed the Council. Russ Rubin, 6601 Biscayne Boulevard, Arts & Culture Commission Chair, addressed the Council. James Nelson, 6001 Killarney Lane, Human Rights & Relations Chair, addressed the Council. Lori Richman, 5828 Ewing Avenue, Transportation Commission Chair, addressed the Council. Mindy Ahler, 4244 Crocker, Transportation Commissioner, addressed the Council. Greg Good, 7028 Shannon Drive, Parks & Recreation Commission Chair, addressed the Council. Roberta Castellano, 4854 France Ave. S., addressed the Council. Page 3 Minutes/Edina City Council/December 3, 2019 Sheila Berube, 4606 Sunnyside Road, Planning Commissioner, addressed the Council. Martha Moffett, 4929 Maple Road, addressed the Council. Hope Melton, 4825 Valley View Road, addressed the Council. Member Staunton made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. The Council responded to questions raised during public testimony regarding transportation concerns, changes and timing of the Plan, and confirmed that the development framework from 2012 and the transportation study from 2016 were included in the Plan but not as Small Area Plan. Chair Richmond addressed transportation on 50th & France in the proposed Comprehensive Plan and Mr. Smith shared comments how transportation was not due to development but to trip geography and how traffic impact studies looked broadly, not just at immediate intersections. He explained mitigation measures were not extreme and could be done through signal time adjustments and right turn lanes additions that provided quicker results. He spoke about previous Councils' work to create growth along transit corridors, which encouraged a change in how we travel. Ms. Maze explained the backdating that occurred was in error and the version going forward would be corrected. She then referenced the assurance that the Grandview and The Lid was not called out in the Plan and confirmed the developed framework would be part of the adopted Small Area Plan but not in the more recent work. The Council inquired about the Met Council's input on the proposed four-story limitation and comments received based on a resident-led website about why the Plan should not be supported that included concerns about increased population. Mr. Teague said the Met Council's role did not include direction on height but noted the proposed language was based on allowable variances and not a cap. He explained the Plan prepared for population change that was already coming and the 33 percent population increase figure provided by the residents was high and projections showed only a 16 percent increase. He said residential densities would increase outside the Southdale area but within the SAP areas, no density increases were projected in either medium- or low-density areas. Mr. Teague explained the statement regarding the addition of 7,491 high-density units was correct, but all would be constructed within commercial and high- density areas in the Greater Southdale Area's commercial nodes. The Council spoke about the claim that the City had a vision for high growth and urbanization that was not shared by most of City but referred to the extensive public process used to create the Plan. The Council shared comments about the biggest impact in low-density residential areas with the current tear- down/rebuilds, which made Edina seem like an emerging suburb. The Council noted the Plan would not result in every property developing to that density and did not outline extensive change with the exception of rezoning on three properties in the 70th and Cahill area. The Council commented on how the Plan provided a vision and guide to upcoming development based on the City's direction. The Council discussed population impacts occurring in other cities along transit lines and the Southwest corridor light rail, which would occur in Edina as well and how a city wants population to thrive to increase property values, especially when there was little space left to develop. The Council said it liked the economic competitiveness already occurring in Southdale and spoke about how big box stores were going away and the Plan enticed local businesses to come. The Council then referred to the importance of broadband infrastructure as well as arts and culture and the need for an arts center in the future. The Council spoke about how the Plan could be changed along the way, if needed, and the City's leadership role in offsetting homelessness through creation of workforce housing. The Council spoke about how change in growth was not new in the community and referred to the creation of Southdale as a town center and Edinborough. The Council understood concerns about high-density housing but encouraged the Page 4 Minutes/Edina City Council/December 3, 2019 public to embrace the goal of retaining current residents through housing alternatives so new families could move in. The Council spoke about the importance of climate change, sustainability, air quality and ensuring water was safe along with the transportation grid and smart growth to address an aging population. The Council stated it was important to repopulate the City and provide for open space, walking paths and housing options to age in the community instead of in place. The Council acknowledged the City would be better off because of the Plan and thanked everyone for their extensive work. Member Fischer introduced and moved adoption of Resolution No. 2019-108 authorizing staff to submit the 2018 Comprehensive Plan Update to the Metropolitan Council. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Hovland Nay: Anderson Motion carried. VIII.B. RESOLUTION NO. 2019-66, PRELIMINARY AND FINAL PLAT, LOT DEPTH VARIANCE; PLATTING AN EXISTING OUTLOT, AND DEVELOPMENT CONTRACT FOR OAK LANE — POSTPONED Mr. Teague shared the applicant was proposing to build a new single-family home on property currently platted as an Outlot. This lot was originally created in 1975 as part of Warden Acres Austin Replat and Warden Acres Austin 2nd Replat. In the 1975 Plat, 25 feet of right-of-way was dedicated to the City with the intention of building a street to the east from Oak Lane to Garden Avenue. An additional 25 feet right- of-way was expected to be taken from the property to the south when it was ready to be developed. On August 14, 2019, the Planning Commission recommended approval of the Preliminary Plat and variances of 151 feet to 138 feet. He reviewed the wetland edge and need for Watershed District approval, proposed lot size, which was larger than surrounding lots, and commented on the need for park dedication with the added condition along the west lot line of a 25-foot setback for construction of any home and the required 30-foot wide right-of-way adjacent to the property. The Council asked questions regarding the City using the lot for stormwater management or access for a future street, if soil tests had been completed and interest in potential development if an alleyway was created. Mr. Teague said staff determined use of the lot for stormwater management would make no real impact and could not justify the cost of the project and said it would remain an outlot until the property to the south was developed where additional right-of-way could be added and a full street constructed. The Council asked if the lot could be divided to provide adequate right-of-way. City Attorney Knutson spoke about how Council decisions were classified quasi-judicial and if the applicant met ordinance requirements, it should be approved as this was not a subdivision but a platting of an outlot to a buildable lot. Lance Elliott, applicant, shared background as residents of the City and their desire to downsize and remain in Edina. He spoke about their work to explain and address neighborhood concerns and said soil borings revealed good compactable soil. He stated the house plan would not include a full basement and outlined their work to retain as many trees as possible, then noted his offer to allow the neighborhood to purchase his property in order to have it remain an outlot. Mr. Elliott shared the proposed site plan and requested variance request, which otherwise met City requirements then spoke about stormwater, trees, wildlife and the natural setting. It was noted his conditional Watershed District approval included a 150- foot by I2-foot wide raingarden, which captured all run-off from the lot and exceeded the buffer requirements. He addressed tree removal concerns and how they shifted the driveway alley to reduce tree loss and outlined the intent to plant 40 more higher-quality trees and create a butterfly- and bee-friendly environment with wood duck boxes. Mr. Elliott explained the driveway would be permeanable pavers then spoke about the alley example that served four homes in another area and was being proposed here. Mayor Hovland opened the public hearing at I0:50 p.m. Page 5 Minutes/Edina City Council/December 3. 2019 Public Testimony Rick Bale, 5805 Oak Lane, addressed the Council. Scott Hughes, 5509 Grove St., addressed the Council. Lisa Bale, 5805 Oak Lane, addressed the Council. Carolyn Carlin, 545 I Grove St., addressed the Council. John Glieden, 5515 Grove St., addressed the Council. Scott Forsberg, 5501 Grove St., addressed the Council. Cindy Forsberg, 5501 Grove St., addressed the Council. Ron Fraboni, 5505 Grove St., addressed the Council. Kelly Housh, 5808 Garden Ave., addressed the Council. Steve Housh, 5808 Garden Ave., addressed the Council. Lenny Hughes, 5509 Grove St., addressed the Council. Roberta Castellano, 4854 France Ave., addressed the Council. Lynn Lettow, 5425 Grove St., addressed the Council. Member Fischer made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. The Council inquired about questions raised during public testimony relating previous proposals, public right-of-way for private use, and if the slab home was being proposed due to water concerns. The Council asked about the roadway around the Bales' home, why it could not come from Garden Street, and if the outlot was buildable. Mr. Teague shared staff reviewed proposals with surrounding property owners but no applications were submitted and any road would be constructed as a public road. The Council asked about lots on Benton, property owners' rights to create a public road to access their lots, the 500-foot requirement, and the potential for right-of-way vacation. Mr. Teague responded if property owners of lots to the south requested subdivision and met Code requirements, the City would have to approve the plat. Mr. Millner explained the petition process and need to reconcile the outlot. The Council spoke about need to preserve single-family neighborhoods balanced against the request of the property owner who would do a good job developing the lot. The Council noted this lot would eventually be built upon and encouraged continued connecting with property owners regarding a possible purchase. The Council spoke about the intention of previous Councils for a street to develop these lots, not having a path for one lot behind another lot, and the need to address stormwater. The Council also spoke about the importance of evaluating runoff impacts and mitigation issues and while probably buildable, any construction would create a less permeable surface. Mr. Elliott stated that based on discussions, he believed there was still an opportunity for a solution and would provide written agreement to postpone consideration of the item until December 17, 2019. Page 6 Minutes/Edina City Council/December 3, 2019 Member Staunton moved to postpone consideration to Resolution No. 2019-91, approving a Preliminary and Final Plat at 6600 France Ave., to the December 17, 2019, Council meeting based on the applicant's written request. Member Anderson seconded the motion. Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. VIII.C. ORDINANCE NO. 2019-16, AMENDING CHAPTER 2 OF THE CITY CODE, SETTING FEES FOR 2020 — ADOPTED Assistant Finance Director Sawyer shared the schedule of fees and charges proposed for 2020 and highlighted changes to Chapter 18 - Fire Prevention to increase approximately 1.5 percent to better align with the cost of service and Chapter 28 — Utilities based on an update to the 2015 Utility Rate Study, which recommended an increase of 5 percent for water and sanitary sewer charges and 8 percent for storm sewer charges for 2020. He explained the increase to water and sanitary sewer charges was consistent with previous annual increases and the storm sewer charge was being increased 8 percent for 2020, compared to the 2015 rate study projection of 6.5 percent to offset increased proposed capital spending. Mr. Sawyer explained rates in the Morningside district would be set once the 2020 water rates from the City of Minneapolis were received. Mayor Hovland opened the public hearing at 11:55 p.m. Public Testimony No one appeared. Member Brindle made a motion, seconded by Member Anderson, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. Member Brindle made a motion to grant First Reading and waive Second Reading adopting Ordinance No. 2019-16 amending City Code Chapter 2, Section 2-724 Schedule A, setting fees for 2020. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer and Hovland Motion carried. VIII.D. RESOLUTION NO. 2019-106, SETTING THE 2020 TAX LEVY AND ADOPTING THE 2020 OPERATING BUDGET— ADOPTED Mr. Neal shared that following an extensive process that included several departmental meetings, the preliminary 2020-2021 Budget was presented to Council for review at two work sessions during August, followed by approval in September of a preliminary levy for taxes payable in 2020 of $39,467,543, which was an increase of $2,228,522 or 5.9 percent over 2019. He reviewed the goals, objectives and strategies the budget was based on, reviewed the general fiscal system, total outstanding debt, past levy increases and drivers, the 2019 property tax distribution and proposed 2020 property tax distribution as well as property tax impacts. Mayor Hovland opened the public hearing at 12:10 a.m. Public Testimony No one appeared. Member Brindle made a motion, seconded by Member Staunton, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. Page 7 Minutes/Edina City Council/December 3, 2019 Member Anderson introduced and moved adoption of Resolution No. 2019-106 setting the 2020 Tax Levy and adopting the 2020 Operating Budget and approving the proposed 2020-21 Budget Work Plan. Member Brindle seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton and 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. TRANSPORTATION COMMISSION, OCTOBER 24, 2019 Informational; no action required. X. AVIATION NOISE UPDATE — Received XI. MAYOR AND COUNCIL COMMENTS — Received XII. MANAGER'S COMMENTS — Received XIII. CITY COUNCIL UPCOMING MEETINGS AND EVENTS — Received XIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovl d declared the meeting adjourned at 12:14 a.m. Respectfully submitted, Minutes approved by Edina City Council, December 17, 2019. ames B. Hovland, Mayor Video Copy of the December 3, 2019, meeting available. lhit/ 11,7 r Sh A so , City Clerk Page 8