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HomeMy WebLinkAbout2020-08-05 Minutes_Regular Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL VIRTUAL MEETING AUGUST 5, 2020 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:02 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 AMENDED Manager Neal stated staff recommended tabling Item VIII.E., Resolution 2020-80, Implementing the 2018 Comprehensive Plan Update, to the August 18, 2020, meeting. Member Fischer made a motion, seconded by Member Brindle, to approve the meeting agenda as amended. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT Andy Brown, 5512 Park Place, spoke about Arden Park field conditions and drainage concerns in his yard. Niles Bisping, 5100 Abercrombie Drive, stated his opposition to the park removal proposal at Duggan Plaza and Abercrombie Drive. Peter Tselepis, 5101 Abercrombie Drive, commented on the affordable housing proposal at Duggan Plaza. Wade Thommen, 5201 Danens Drive, commented on the affordable housing proposal at Duggan Plaza and how greenspace affected the Brookview Heights development and area values. Elwira Karwowski, 5101 Danens Drive, commented on the affordable housing proposal at Duggan Plaza and how the property belonged to the neighborhood. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to Community Comments made at the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Fischer made a motion, seconded by Member Anderson, approving the consent agenda as amended to remove Items VI.A., Minutes of the Work Session and Regular Meetings of July 21, 2020; VI.E., Traffic Safety Report of June 30, 2020; and, VI.G., Response to Petition for All-Way Stop Control at Beard Avenue and West 57th Street: VI.A. Minutes of the Work Session and Regular Meetings of July 21, 2020 VI.B. Approve payment claims for Check Register Claims Pre-List dated July 23-30, 2020 totaling $1,972,611.31 and Credit Card Transactions dated May 26-June 26, 2020, totaling $43,293.12 VI.C. Accept Property Easements at Pentagon Village Minutes/Edina City Council/August 5, 2020 Page 2 VI.D. Request for Purchase; awarding the bid to the recommended low bidder, Security Cameras for South Parking Ramp, Pro-Tec Design for $28,697 VI.E. Traffic Safety Report of June 30, 2020 VI.F. Approve Tracy Avenue Wetland Maintenance Agreement with Nine Mile Creek Watershed District VI.G. Response to Petition for All-Way Stop Control at Beard Avenue and West 57th Street VI.H. Approve Amendment and Memorandum to Lease Agreement for Communications Facility in Highlands Park at 5200 Doncaster Way VI.I. Adopt Resolution No. 2020-79; Accepting Sidewalk and Landscaping for The Avidor Residences VI.J. Request for Purchase; awarding the bid to the recommended low bidder, 2020 Chevy Bolt Electric Vehicle, Ranger Chevrolet $29,139.20 VI.K. Request for Purchase; awarding the bid to the recommended low bidder, Bredesen Parking Lot Replacement, Bituminous Roadways for $43,282.78 VI.L. Request for Purchase; awarding the bid to the recommended low bidder, Park Recycling Containers, Upbeat Site Furnishings for $52,929 Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. ITEMS REMOVED FROM CONSENT AGENDA: VI.A. MINUTES OF THE WORK SESSION AND REGULAR MEETINGS OF JULY 21, 2020 – APPROVED AS AMENDED The Council requested the July 21, 2020 regular meeting minutes reflect that Item VI.I., Rosland Park, was not approved but rather the memo was accepted and staff would meet with neighbors prior to any future meetings. Member Fischer made a motion, seconded by Member Brindle, to correct motion on Page 2, Item VI.I. to accept staff memo with Council approval of project to occur at a future Council meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Member Fischer made a motion, seconded by Member Brindle, to approve minutes of the July 21, 2020, Work Session as presented and Regular Meeting of July 21, 2020, as amended. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VI.E. TRAFFIC SAFETY REPORT OF JUNE 30, 2020 – APPROVED AS AMENDED The Council shared safety concerns that the proposed 8-foot trail not be striped to allow sufficient room for cyclists to pass pedestrians and include signage that pedestrians had priority in shared use of path and cyclists should announce approach. Member Brindle made a motion, seconded by Member Anderson, to amend Section A2 of Traffic Safety Report to delete centerline striping and include signage that cyclists yield to pedestrians and announce approach to indicate shared use of path. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Member Brindle made a motion, seconded by Member Fischer, to approve the Traffic Safety Report as amended. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Minutes/Edina City Council/August 5, 2020 Page 3 VI.G. RESPONSE TO PETITION FOR ALL-WAY STOP CONTROL AT BEARD AVENUE AND WEST 57TH STREET – ACCEPTED AS AMENDED The Council discussed the potential for accidents in the area due to the steep road grade and the creation of a park overlay in areas with a park and recommended installation of an all-way stop at Beard Avenue and West 57th Street. Member Brindle made a motion, seconded by Member Anderson, to approve installation of all-way stop control at Beard Avenue and West 57th Street. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII. PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. VII.A. RESOLUTION NO. 2020-81: SITE PLAN REVIEW FOR 3451 PARKLAWN AVENUE FOR YORK GARDENS SENIOR LIVING – CONTINUED TO AUGUST 18, 2020 Community Development Director Teague shared that in 2009, the Council approved a rezoning on this site to construct a 76-unit, 4-story addition to the northwest side of the existing 337-unit, 9-story senior housing development at 7500 York Avenue. The applicant, York Gardens Senior Living, was requesting site plan approval to convert existing therapy and office space into three apartments in the 76-unit building. There would be no increase in staffing to accommodate the new apartments and additional parking would not be needed. The applicant provided proof of parking to show parking could be accommodated on site if needed and no exterior modifications would be made to the building or site. Susan Farr, Ebenezer/Fairview, described their proposal to convert the therapy area to assisted living units to allow more residents to move to the area. Mayor Hovland opened the public hearing at 8:12 p.m. Public Testimony No one appeared. Member Fischer made a motion, seconded by Member Brindle, to extend the public hearing to noon August 12, 2020 and continue consideration of Resolution No. 2020-81 Approving Site Plan at 3451 Parklawn Avenue to the August 18, 2020 meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII.B. ORDINANCE NO. 2020-10: ZONING ORDINANCE AMENDMENT REGARDING SETBACKS IN THE GREATER SOUTHDALE AREA, BUILDING MATERIAL REQUIREMENTS, REQUIRING AFFORDABLE HOUSING IN COMMERCIAL ZONING DISTRICTS, DESIGN EXPERIENCE GUIDELINES, AND TOTAL GARAGE STAFFS REQUIRED – GRANTED FIRST READING Mr. Teague stated the Planning Commission had been considering a zoning ordinance amendment to strengthen the City’s position in acquiring affordable housing by requiring affordable housing on property zoned for commercial uses but allow multifamily housing as a conditionally permitted use. The Council suggested adding the affordable housing text only once for ease of updates, inquired about the role of the HRA versus Council with regard to the policy, and why it had to be included since an affordable housing policy was already in place. City Attorney Knutson advised the policy could not be enforced unless included in ordinance. Mr. Teague explained the policy was included to cover each zoning district and closed a gap for multi-family projects. He said the policy still applied to any zoning or Comprehensive Plan amendment and needed to be updated to reflect the new buy-in amount and escalator. Minutes/Edina City Council/August 5, 2020 Page 4 The Council discussed the proposed escalator and increasing the per door amount to $125,000 as part of second reading balanced against the importance of not deterring development. Mr. Neal suggested adoption of the ordinance regardless of the amount determined so as to not miss out on affordable housing opportunities during this time and secure rights to require affordable housing in the future. Affordable Housing Manager Hawkinson explained how the buy-in amount depended on whether the direction was including units or funds. Mayor Hovland opened the public hearing at 8:35 p.m. Public Testimony No one appeared. Member Fischer left the meeting due to technical difficulties. Member Staunton made a motion, seconded by Member Brindle, to extend the public hearing to noon August 12, 2020; grant First Reading to Ordinance No. 2020-10 Regarding Setbacks in the Southdale Area, Building Materials, Housing in Commercial Zoning Districts, and Number of Garage Stalls for Single Family Homes; and, continue final action to the August 18, 2020 meeting. Rollcall: Ayes: Anderson, Brindle, Staunton, Hovland Absent: Fischer Motion carried. Member Fischer returned to the meeting. VIII. REPORTS/RECOMMENDATIONS VIII.A. RESOLUTION NO. 2020-76: APPROVING DRAINAGE RIGHT-OF-WAY EASEMENT VACATION AT 6000 FOX MEADOW LANE – ADOPTED Mr. Millner stated Jennifer Cates of Cates Fine Homes applied for a vacation of the drainage easements of the right-of-way easement at 6000 Fox Meadow Lane and that vacation of easements would be contingent upon the creation of new drainage easements. Member Staunton introduced and moved adoption of Resolution No. 2020-76 Vacating Drainage and Utility Easement at 6000 Fox Meadow Lane. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland. Motion carried. VIII.B. RESOLUTION NO. 2020-78: APPROVING DRAINAGE RIGHT-OF-WAY EASEMENT VACATION AT 4805 SUNNYSLOPE ROAD – ADOPTED Mr. Millner stated David Berglund applied for a vacation of the drainage easements of the right-of- way easement at 4805 Sunnyslope Road and that vacation of easements would be contingent upon the creation of new drainage easements. Member Brindle introduced and moved adoption of Resolution No. 2020-78 vacating drainage and utility easement at 4805 Sunnyslope Road. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland. Motion carried. Minutes/Edina City Council/August 5, 2020 Page 5 VIII.C. ORDINANCE NO. 2020-09: ZONING ORDINANCE AMENDMENT ALLOWING TAPROOMS, WINERIES, DISTILLERIES AND COCKTAIL ROOMS IN THE POD-2, PLANNED OFFICE DISTRICT – ADOPTED Mr. Teague stated a request had been made by Eric Anderson of CREFIV-CCRP Metro Boulevard Edina LLC to permit distilleries in the POD-2 Zoning District to locate a distillery within the existing office building at 7201 Metro Boulevard. He said the City adopted an ordinance in 2015 to allow, breweries, taprooms, wineries, distilleries, cocktail rooms, and brewpubs in the PID, Planned Industrial District and this request would expand those uses to the POD-2 District including distilleries then said the properties were primarily located in the Cahill Industrial Park, 7550 France Avenue, and at 8050-8100 78th Street West. Member Fischer made a motion to grant Second Reading adopting Ordinance No. 2020-09 Amending Chapter 36 of the Edina City Code regarding distilleries in the POD-2, Planned Office District 2. Member Brindle seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.D. RESOLUTION NO. 2020-74: CONDITIONAL USE PERMIT WITH VARIANCES FOR 4425 VALLEY VIEW ROAD – ADOPTED Mr. Teague stated DJR Architects was proposing to tear down the existing one-story day-care building at 4425 Valley View Road 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 limits the density to 30 units per acre for this site. The request required a Conditional Use Permit to allow residential uses within a planned commercial zoning district (PCD-1), building height variance from 2 stories to 3 stories, 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; and drive aisle setback variances from 10 to 0 feet. He said the Planning Commission recommended approval of the request and that the Commission added a condition that there be physical protection to the bike lane from vehicles in Valley View Road which had been addressed by the traffic study consultant. Member Staunton introduced and moved adoption of Resolution No. 2020-74 Approving a Conditional Use Permit with Variances to build a 21-unit apartment at 4425 Valley View Road. Member Brindle seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.E. RESOLUTION 2020-80: IMPLEMENTING THE 2018 COMPREHENSIVE PLAN UPDATE – TABLED TO AUGUST 18, 2020 Member Brindle made a motion, seconded by Member Fischer, to table consideration of Resolution No. 2020-80 Adopting the 2040 City of Edina Comprehensive Plan Update, and the Comprehensive Sewer Plan, a Compilation of Policy Statements, Goals, Standards, and Maps for Guiding the Overall Development and Redevelopment of the Local Governmental Unit to the August 18, 2020 meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.F. ORDINANCE NO. 2020-11: AMENDMENT TO DIVIDE BUILDING PERMITS INTO TWO CLASSES AND REDUCE PERMISSIBLE HOURS OF CONSTRUCTION IN EACH CLASS – GRANTED FIRST READING Mr. Neal stated Ordinance No. 2020-11 would amend Chapter 10 of the City Code to divide building permits into two classes and establish reduced permissible hours of construction in each class when compared to the current permissible hours. The amendment would use the magnitude of construction as a proxy for the Minutes/Edina City Council/August 5, 2020 Page 6 magnitude of noise created by the project and that projects with smaller valuations were typically smaller in scale and created less disruption and noise than large-scale construction projects. He spoke about staff’s proposed amendment to include projects with a building permit and building values of above or below $50,000 to reduce the days and times in general for noise. The Council spoke about time being outside normal working hours and how to enforce and confirmed the amendment only related to projects with a building permit and would comply by the noise ordinance. The Council requested more information on enforcement and administrative fine protocols for second reading. Member Brindle made a motion, seconded by Member Fischer, to amend Section 1 of Ordinance No. 2020-11 amending Chapter 10 of the Edina City Code concerning hourly restrictions on certain operations adding building project value of $50,000 or less and building project value of $50,000 or more. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Member Staunton made a motion, seconded by Member Fischer, to grant First Reading of Ordinance No. 2020-11, as amended, amending Chapter 10 of the Edina City Code concerning hourly restrictions on certain operations and continue final action to the August 18, 2020 meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE - Received 1. Mayor Hovland acknowledged the Council’s receipt of various correspondence. IX.B. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) 1. MINUTES: PARKS AND RECREATION COMMISSION, MARCH 10, 2020 2. MINUTES: TRANSPORTATION COMMISSION, JUNE 18, 2020 3. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, JUNE 23, 2020 4. MINUTES: COMMUNITY HEALTH COMMISSION STATEMENT OF SUPPORT FOR EMERGENCY REGULATION 2020-02 X. AVIATION NOISE UPDATE – Received XI. MAYOR AND COUNCIL COMMENTS – Received The Council suggested a change in student commissioner appointments to include more students in the process and discussed how meetings could accommodate increased members especially during virtual meetings. Member Staunton made a motion, seconded by Member Brindle, to direct staff to bring forward an ordinance amendment to allow up to three students commissioners as determined by the commissions. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. XIII. MANAGER’S COMMENTS – Received XIII. CALENDAR OF CITY COUNCIL MEETINGS AND EVENTS – Received XIV. ADJOURNMENT Minutes/Edina City Council/August 5, 2020 Page 7 Member Brindle made a motion, seconded by Member Fischer, to adjourn the meeting at 10:00 p.m. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, August 18, 2020. James B. Hovland, Mayor Video Copy of the August 5, 2020, meeting available.