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HomeMy WebLinkAbout2020-06-02 City Council_Regular_Minutes Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL VIRTUAL MEETING JUNE 2, 2020 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:05 p.m. and stated the meeting was being held remotely in compliance with Governor Walz’ Stay at Home Order then shared the procedure for public hearing and community comment. II. ROLLCALL Answering rollcall were Members Anderson, Brindle, Fischer, Staunton, Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Fischer made a motion, seconded by Member Anderson, to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT No one appeared. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal shared no Community Comments were made at the last meeting. VI. CONSENT AGENDA ADOPTED AS PRESENTED Member Brindle made a motion, seconded by Member Staunton, approving the consent agenda as presented: VI.A. Approve minutes of the Worksession and Regular Meetings of May 19, 2020 VI.B. Approve payment claims for Check Register Claims Pre-List Dated May 21-28, 2020 totaling $2,189,745.93 VI.C. Adopt Ordinance No. 2020-06; Amending Chapter 10 of the Edina City Code Concerning Rental Licensing VI.D. Approve Traffic Safety Report of April 28, 2020 VI.E. Request for Purchase; awarding the bid to the recommended low bidder, CloverRide Circulator Bus Service, DARTS $25,000 VI.F. Request for Purchase; awarding the bid to the recommended low bidder, Design Services for West 58th Street Roadway Reconstruction, WSB for $22,243 VI.G. Request for Purchase; awarding the bid to the recommended low bidder, Natural Areas Maintenance Construction Oversight, Applied Ecological Services for $27,730 VI.H. Approve Special Assessment Agreements and Adopt Resolution No. 2020-55 VI.I. Approve Conservation Easement Over Outlot A VI.J. Approve Site Improvement Plan Agreement with AEON for 4100 West 76th Street VI.K. Adopt Resolution No. 2020-56; Accepting Donations Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Minutes/Edina City Council/June 2, 2020 Page 2 VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. CENTERING EQUITY IN CITY’S RESPONSE TO THE COVID-19 PANDEMIC – PROCLAIMED Mayor Hovland read in full a proclamation to declare the affirmation of the City of Edina’s commitment to centering racial equity in its response to the COVID-19 pandemic. Race & Equity Coordinator Lee stated Richfield and Bloomington had also adopted this as sign of partnership and community to think about the racial disparities exposed due to COVID-19. She thanked the City for affirming this unified proclamation that highlighted the many impacted people both globally and in Minnesota and as the COVID-19 pandemic continued the awareness that Black, Indigenous, and People of Color (BIPOC) communities were disproportionately affected by the pandemic. Member Brindle made a motion, seconded by Member Anderson, approving the proclamation declaring affirmation of the City of Edina’s commitment to centering racial equity in its response to the COVID-19 pandemic. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII. PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2020-57; APPROVING STREET RIGHT-OF-WAY EASEMENT VACATION AT OAK LANE AND GARDEN AVENUE – CONTINUED TO JUNE 16, 2020 Director of Engineering Millner stated Richard and Lisa Bale and Steve and Kelly Housh had applied for a vacation of the street’s right-of-way easement at Oak Lane and Garden Avenue. Sidewalk, trail, drainage and utility right-of-way easements shall remain. He spoke about information discovered earlier in the day on two options that included vacating the entire right-of-way except for a certain portion or require new easement documents from each owner for a sidewalk, trailway, drainage, and utility purposes. He said staff would finalize recommendations by June 16 with the goal to retain the area for a future road. The Council asked about property ownership clarification, the two parcels all having access from Benton Street, and not removing access. The Council also asked if the family would subdivide and create lots north, if there was a house at 5420 that would need variances approved. Community Development Director Teague said the property owners could combine to make one lot that could meet the standards and retain access from Garden Avenue with 40-foot frontage with a vacation. Mr. Millner confirmed four properties on Benton Avenue signed the petition of vacation. Mayor Hovland opened the public hearing at 7:31 p.m. Public Testimony Steve Housh, addressed the Council. Melvin Songstad, 5424 Benton Avenue, addressed the Council. Rick Bale, 5805 Oak Lane, addressed the Council. Dennis Zuzek, 5524 Benton Avenue, addressed the Council. Member Brindle moved to extend public hearing to noon June 10, 2020 and continue final action on Resolution No. 2020-57; vacating portions of street right-of-way easement, Oak Lane and Garden Avenue, to the June 16, 2020 meeting. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Minutes/Edina City Council/June 2, 2020 Page 3 VIII.B. RESOLUTION NO. 2020-58; VARIANCE APPEAL FOR CELLULAR ANTENNA TOWER – CONTINUED TO JUNE 16, 2020 Assistant Planner Aaker stated Crown Castle USA was requesting a 170.1-foot setback variance from an east lot line of 5200 Doncaster Way/Highlands Park, for a mono-pole cellular telecommunications antenna tower and park light standard replacement to allow for an additional service provider co-location. The proposed project included replacement of the existing park light standard/monopole antenna and the addition of an equipment structure. She said the Planning Commission approved the variance request then spoke about the reason for the request in detail and shared a revised proposal that had fewer visual impacts to the area. The Council thanked the applicant for the design changes then asked about work that went into alternative locations. Tim Barnes, facilities supervisor, responded the tower was needed in the current location to retain power, expand and change the view of the shelter, and ensure the waterfront is enjoyed. He explained their work to preserve the giant oak and consultation with ice rink operations to make a clear path around the ice with no hinderance. He then shared the desire for a light standard on both sides of the rink that was changed due to its proximity to water and additional regulations with the power supply, noting the tennis court was also considered. Mayor Hovland opened the public hearing at 8:12 p.m. Public Testimony John Mertes, 5209 Doncaster Way, addressed the Council. Jenny Beamish, 5236 Lochloy Drive, addressed the Council. Cindy Anderson, 5201 Doncaster Way, addressed the Council. Sue Punch Hess, 5237 Lochloy Drive, addressed the Council. Howard Roston, Fredrickson and Bryon, thanked staff for their work over this two-year process in evaluating the existing structure and the best place for a new structure by Crown Castle. He reviewed the proposed pole of 75 feet would replace a 58-foot pole and double as a lighting standard for the ice rink. He spoke about the appropriate location for this pole both by them and City staff and the City policy of co-location that filled the need for connectivity for the public and first responders. He noted more than 50% of households in Minnesota relied solely on cell phones for connectivity and data, especially now as more people worked from home so connectivity was not merely a convenience. Mr. Roston spoke about public sentiment and an open process and explained that health concerns raised were not backed by reliable science. He noted that while there was preemption language in the federal telecommunications act about allowing such poles, it was also based on standards and the variance should be granted. Travis Shank, Crown Castle, thanked the City for the opportunity to speak about the need for a balance for RF needs and a structure that was the least intrusive. He said the location towards the rear of park by the lake would have been more impactful on the park and the community due to the requirement to have an access road and separation from the pole. The Council also asked for data on the percent of improvement based on a specific height. The Council spoke about the accessway and an alternative to place the tower by the existing equipment or other parks. Mr. Shank said if moved 200 feet, the pole would be close to the existing tree line and trees create barriers to RF. He said they started with an 80-foot tower but were able to decrease the height by 5 feet and still maintain reliability. Mr. Shank spoke about vegetation concerns if left in the current location and about the heaviness of equipment needed for construction and how the drive path was not as significant in this area. He said they did not explore other parks because the existing tower was already in place and in the middle of a significant gap in coverage. Minutes/Edina City Council/June 2, 2020 Page 4 The Council confirmed this was the optimal location but understood the concerns raised during the public testimony regarding health and safety for children and families. The Council referred to information from the European Commission, United Kingdom, Norway, and Sweden that explored the health effects with 5G technology and asked about health concerns balanced against the need for greater coverage. Mr. Shank stated according to published research, there were no health concerns from the tower. He referred to the submitted health data for Council consideration. The Council said they liked the co-location and pulling part of the array closer to the tower. The Council noted the fence around the tower base, then requested further information on alternative tower and equipment locations. The Council asked questions about tree coverage, noting the T-Mobile portion of the tower would be no higher than it currently was, trees would continue to grow, and steps needed to ensure continued good service. Mr. Shank said the fence was not standard but with the compounded equipment located in a separate spot, the fence would protect the ground equipment. He noted the tower would significantly improve coverage for residents, first responders, and the school district and confirmed that as the trees grew, the equipment could be moved along the tower to continue coverage. Member Brindle moved to extend public hearing to noon June 10, 2020 and continue final action on Resolution No. 2020-58; approving a 170.1-foot setback variance at 5200 Doncaster Way, to the June 16, 2020 meeting. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. RESOLUTION NO. 2020-59; AWARDING THE SALE OF $5,220,000 GENERAL OBLIGATION BONDS SERIES 2020A – ADOPTED Finance Director Uram shared issuance of the City's General Obligation Bonds, Series 2020A had three purposes including $390,000 - local street improvements paid from special assessments over 15 yrs., $3,930,000 - for water/sewer utility improvements paid from utility system revenues over 10 yrs., and $900,000 - storm utility improvements paid from storm sewer system revenues over 10 yrs. He said bids were received and tabulated by the City's financial advisor, Ehlers & Associates, Inc. earlier in the day and the results were excellent. Mr. Uram explained how the City’s bond ratings from both Moody's and S&P of AAA ratings helped with those results. Nick Anhut, Ehlers and Associates, provided the favorable bids based on City’s excellent credit rating and said of the eight bids received, Piper Sandler & Company from Minneapolis was the low bid at 1.0208% with a high bid of 1.3441% which resulted in an interest difference of $133,555. He stated closing would occur on June 25, 2020. Member Brindle introduced and moved adoption of Resolution No. 2020-59; authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $5,220,000 General Obligation Bonds, Series 2020A. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland. Motion carried. IX.B. ORDINANCE 2020-08; AMENDING CHAPTER 12 OF THE EDINA CITY CODE CONCERNING TOBACCO – FIRST READING HELD Community Health Administrator Brown stated the Edina Community Health Commission submitted an advisory communication and staff report recommending action to ban the sale of flavored tobacco related products in the City of Edina to City Council on December 17, 2019. The ordinance would accept this recommendation and amend City code to ban the sale of flavored tobacco products in the City of Edina, would include traditional tobacco and vaping products definitions of cigarettes, cigars, chewing tobacco, and vaping products, and prohibit the sale effective September 1, 2020. Minutes/Edina City Council/June 2, 2020 Page 5 The Council spoke about how the Tobacco 21 process included a public hearing and whether this topic should include a hearing as well to provide more opportunity for a dialogue for a good decision. The Council asked about discussions with retailers who did not have a chance to present their argument and how information was presented to them. Mr. Neal said staff generally does not schedule public hearings for items that do not require a public hearing by Code or Statute, but certainly staff could arrange for a hearing. He said tobacco topics involved many interest groups and lobbyists and communication is monitored by groups early on at the Commission level. Member Brindle made a motion to grant First Reading to Ordinance No. 2020-52 Amending Chapter 12 of the Edina City Code Concerning Tobacco. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Staunton, Hovland. Absent for vote: Fischer Motion carried. IX.C. RESOLUTION NO. 2020-52; PRELIMINARY PLAT WITH VARIANCES AT 7413 AND 7425 YORK TERRACE FOR BLAZ RAZUL Mr. Teague said Blaz Razul was proposing to subdivide his properties at 7413 and 7425 York Terrace into three lots. The existing homes on both lots would remain, and a new home would be constructed on the new lot created in between the two existing homes. He outlined the steps needed for this request included a subdivision; lot width variances from 75 feet to 59 and 73 for Lots 1 and 2; lot depth variances from 135 feet to 132 for Lot 1 and to 107 for lots 2 and 3; and lot area variances from 9,962 square feet to 8,909 s.f. for Lot 1, to 8,328 s.f. for Lot 2 and 8,859 s.f. for Lot 3. He said the Planning Commission considered this item at its April 29, 2020 meeting and recommended approval, noting the applicant was agreeable to the condition that would include paving of the current driveway Mr. Teague stated the applicant lived in the house to the south and hoped to live in the home in-between and rent the home to the north. Member Anderson moved adoption of Resolution No. 2020-52 approving Preliminary Plat with Variances at 7413 And 7425 York Terrace for Blaz Razul. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX.D. SKETCH PLAN FOR 4525 VALLEY VIEW ROAD – REVIEWED Mr. Teague stated the Council was asked to provide the applicant non-binding feedback on a potential future redevelopment application for the former New Horizon Day Care site at 4425 Valley View Road. The applicant would tear down the existing one-story day-care building and construct a new three-story, 21-unit market rate apartment with 32 underground parking stalls. The density proposed was consistent with the Comprehensive Plan/Small Area Plan which limited the density to 30 units per acre for this site. The site was currently zoned PCD-1, Planned Commercial District. Multi-family residential uses are conditionally permitted. The request would require a Conditional Use Permit, building height variance from 2 stories to 3 stories, and a front setback variance from 36 feet to 16 feet (patio 2 feet); Side and rear setback variances from 36 to 20 feet; floor area ratio variance from 1.0 to 1.08. Mr. Teague spoke about the proposed height (3 stories) was consistent with the small area plan that suggests a 4-story maximum for this site, the front sidewalk should be revised to a boulevard style sidewalk, how a traffic study would be required, and that the applicant would be required to respond to the city’s Sustainability Questionnaire. He spoke about how the project would be subject to the City’s affordable housing policy and how the applicant would meet the policy either by the buy in provision of $210,000 or including units within the project. Minutes/Edina City Council/June 2, 2020 Page 6 Michael Marguiles, DJR Architectures, outlined further details for the 21-unit apartment building project and said this would be a good addition to the neighborhood that adhered to the Small Area Plan (SAP). He said they were proud to provide parking underneath and noted they already held a virtual community meeting with good attendance and input. Dean Dovolis, DJR Architects, shared an overview of the project that included preserving the tower of trees through the requested variance that allowed the building to be closer to Valley View Road. He then highlighted the front porches that provided a more residential townhome look and neighborhood feel. He spoke about the 2:1 parking ratio, 3-story building, and about including proposed long-term rentals or legacy units of 5-10-year leases. He shared proposed elevations and noted for consistency, the sidewalk was directly attached to the curb with no boulevard because of the two existing buildings. The Council spoke about the great aesthetics and how the building was not too much for the area then spoke about the setback requests, missing the boulevard, and additional guest parking. The Council agreed this was a good use of the property and it liked the balcony design that made the balconies appear to be more part of the building. The Council encouraged the applicants to consider trash pick-up, bicycle use and storage, and the view of mechanical ventilation. The Council indicated it liked the scale and how it addressed the street with the townhouse style and patios for a neighborhood feel. The Council said it was not concerned about the front yard setback and variance requests and noted the need to include affordable housing units. The Council cautioned about the need to respond to neighborhood input during upcoming public hearings. X. CORRESPONDENCE AND PETITIONS X.A. CORRESPONDENCE - Received 1. Mayor Hovland acknowledged the Council’s receipt of various correspondence. XI. AVIATION NOISE UPDATE – Received XII. MAYOR AND COUNCIL COMMENTS – Received XIII. MANAGER’S COMMENTS – Received XIV. CALENDAR OF CITY COUNCIL MEETINGS AND EVENTS – Received XV. ADJOURNMENT Member Staunton made a motion, seconded by Member Fischer, to adjourn the meeting at 10:50 p.m. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, June 16, 2020. James B. Hovland, Mayor Video Copy of the June 2, 2020, meeting available.