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HomeMy WebLinkAbout2021-07-21 City Council Regular MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MEETING JULY 21, 2021 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m., shared the procedure for public hearing and community comment in the hybrid meeting format, and thanked staff for their work that provided virtual public meeting opportunities during the COVID-19 pandemic. II. ROLLCALL Answering rollcall were Members Anderson, Jackson, Pierce, Staunton, Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Staunton made a motion, seconded by Member Anderson, to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT Julia Risser, 6112 Ashcroft Avenue, spoke about trends to reduce street setbacks in the Southdale area and how this approach was potentially dangerous for pedestrians in residential areas and the City’s responsibilities to maintain these areas for safety. Sue Nissen, 4408 West 58th Street, shared comments about proposed smart salting legislation to reduce oversalting in the private sector and encouraged the City to implement best practices for ice and snow management. Louann Waddick, 5304 Blake Road, acknowledged the need for some level of deicing salts but encouraged less be used throughout the City as excess salt ended up in the City’s water system and resulted in infrastructure damage as well. Randy Holst, 4408 West 58th Street, spoke about how deicing salts ran into lake water and the need for better policies regarding ice management that included a comprehensive plan with a deicing policy with a statement of due care, no deicers on sidewalks and trails, a public outreach campaign, and the creation of a dry pavement policy similar to other Minnesota cities. Janie Westin, 6136 Brookview Avenue, requested that members of the audience continue to use masks while indoors then shared comments about the Wooddale Valley View area small area plan, how no buildings would be more than two stories due to the nearby residential housing, and the importance of following setback standards for safety reasons. Bob Kojetin, 5016 William Avenue, shared his work to organize the Edina Historical Society and requested use of a portion of the American Rescue Plan funds to provide staffing at the museum to deter its potential closing. Minutes/Edina City Council/July 21, 2021 Page 2 Brian Lambert, 4007 West 49th Street, shared frustrations about a recent power line upgrade by Xcel Energy and suggested the City consider a change to the permitting process that included a completion date and penalties to avoid extended projects such as this. Frank Thomas, 505 Johns Street, Hopkins, supported Mr. Kojetin’s comments regarding the historical museum. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal said there were no Community Comments at the last meeting. VI. CONSENT AGENDA ADOPTED AS PRESENTED Member Jackson made a motion, seconded by Member Pierce approving the consent agenda as presented: VI.A. Approve minutes of the Work Session and Regular Meetings of June 15, 2021 VI.B. Approve Claims for Payment for Check Register Claims Pre-List Dated June 18, 2021, totaling $834,344.57, Check Register Claims Pre-List Dated June 25, 2021, totaling $945,667.29, Check Register Claims Pre-List Dated July 2, 2021, totaling $1,699,995.47, Check Register Claims Pre-List Dated July 9, 2021, totaling $1,492,986.68, Check Register Claims Pre-List Dated July 9, 2021, totaling $22,332.91(REFUNDS), and Check Register Claims Pre-List Dated July 16, 2021, totaling $2,331,853.68 VI.C. Request for Purchase; awarding the bid to the recommended low bidder, 2021 Pavement Rejuvenation, Corrective Asphalt Materials, LLC for $172,136.60 VI.D. Request for Purchase; awarding the bid to the recommended low bidder, Hansen Road Railroad Crossing Improvements, Canadian Pacific for $56,104.17, and Railroad Right of Way Maintenance Agreement with Canadian Pacific VI.E. Request for Purchase; awarding the bid to the recommended low bidder, Grandview East Transportation Study, SEH for $49,800 VI.F. Request for Purchase; awarding the bid to the recommended low bidder, Braemar ice Arena West Rink Replacement Condenser, Total Mechanical Systems, Inc. for $35,900 VI.G. Request for Purchase; awarding the bid to the recommended low bidder, 50th and France District Improvements, Pember Construction for $108,111 VI.H. Approve Minnehaha Creek Utility Crossing License Agreement with the State of Minnesota VI.I. Approve Encroachment Agreement with 5616 Parkwood Lane VI.J. Approve Traffic Safety Report of May 21, 2021 VI.K. Request for Purchase; awarding the bid to the recommended low bidder, Manhole Lining on West 60th Street, Total Coating Solutions for $26,800 VI.L. Approve Amended Service Line Warranty Program Agreement VI.M. Request for Purchase; awarding the bid to the recommended low bidder, Network Infrastructure Replacements, LOGIS/CDWG for $89,839 VI.N. Request for Purchase; awarding the bid to the recommended low bidder, Braemar Field Sports Dome Lighting Replacement, Service Lighting for $108,458 VI.O. Adopt Resolution No. 2021-55; Rescinding Resolution 2009-19 Approval of a Final Site Plan and Variance for an Aloft Hotel That Was Never Built VI.P. Adopt Resolution No. 2021-56; Rescinding Resolution No. 2014-49 Approval of a Preliminary Rezoning for Pentagon Park VI.Q. Adopt Resolution No. 2021-57; Authorizing Emergency Preparedness Grant Agreement VI.R. Approve Arts & Culture Commission Appointment VI.S. Approve 2021-2022 City Insurance Renewals VI.T. Approve Liability Coverage Statutory Limits VI.U. Approve Out-of-State Travel for Mayor Hovland VI.V. Adopt No. 2021-58; Accepting Donations Rollcall: Minutes/Edina City Council/July 21, 2021 Page 3 Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. INTRODUCTION OF FIRE CHIEF ANDREW SLAMA – RECEIVED Manager Neal introduced Fire Chief Slama and shared details regarding his background. Chief Slama thanked the Council for the opportunity to lead Edina’s Fire Department. A round of applause was offered by the audience. VII.B. EDINA HIGH SCHOOL STATE CHAMPIONSHIP TEAMS FROM 2020-2021 – RECOGNIZED The Council invited coaches and captains from state championship teams from Edina High School forward to be recognized for their accomplishments. A round of applause was offered by the audience. VIII. PUBLIC HEARINGS - Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2021-54, CONDITIONAL USE PERMIT FOR INTERLACHEN COUNTRY CLUB, 6200 INTERLACHEN BOULEAVARD ORDINANCE NO. 2021-06; PRELIMINARY REZONING AND PRELIMINARY DEVELOPMENT PLAN FOR SOLHEM COMPANIES AT 4660 77TH STREET WEST – CONTINUED TO AUGUST 4, 2021 Member Pierce stated his conflict of interest regarding this item then recused himself from discussion and left the dais. Community Development Director Teague said Interlachen Country Club was requesting a Conditional Use Permit to expand the boundaries of the Country Club and add a new parking lot and expanded practice area off Waterman Avenue. There were two single-family homes, owned by the Country Club, that would continue as single-family homes and serve as a buffer to the single-family homes to the west. A gate would be constructed at the end of Waterman Avenue, just past the single-family homes owned by the Country Club. The gate would be closed for access to the Club from Waterman for the purpose of employees, members, guests, and delivery trucks to use the main entrance off Interlachen Boulevard. The Country Club would be constructing the new cul-de-sac and roadway improvements at their expense. He shared comments posted on Better Together Edina that included impacts of parking, noise, and others, and said the Planning Commission made two motions on the project, both of which failed to receive a majority approval. The Council asked questions regarding including the forester’s report as a condition of approval, typical traffic flow along Waterman Avenue, the effect of the gate on traffic, and concerns from the neighborhood when the maintenance facility was constructed, and how staff concluded that this request did not affect public health, safety, and welfare. Mr. Teague responded there were parking lots are all over the City that met setbacks, how landscaping would minimize the impact to the neighborhood, and that the request was consistent with the Comprehensive Plan because in both areas these uses were allowed under the R-1 zoning district. The Council inquired about water management and tree management and if staff had discussed the proposal the watershed district. Director of Engineering Millner responded this project would benefit clean water efforts and confirmed that stormwater staff had been involved throughout the process. Joel Livingood, General Manager of Interlachen Country Club, thanked the Council for their work in the City then highlighted questions and concerns regarding the project that included the desire to be a good neighbor. He shared background of the Club over the past 110 years which was recognized as a top golf course since 1967 then shared their mission and values and desire to be good stewards of the environment and community. He shared about current membership that included golf, athletic, and social impacts then spoke about potential parking concerns and alternative transportation options and highlighted the need for expanded parking due to insufficient parking, employee safety, and general security. Mr. Livingood spoke about screening, lighting, security and other elements and said stormwater management had been a collaborative effort throughout then shared the plan to direct all traffic to the main entrance with the Minutes/Edina City Council/July 21, 2021 Page 4 exclusion of some to the loading dock and how the gate would match the aesthetics of the Club and improve the standards. Mr. Livingood described the proposed landscaping and highlighted the changes based on collaborative public input. He spoke about alternatives such as a smaller parking lot and other potential locations with more permeable surfaces then addressed concerns about public transit and the ability to continue to park at the church. He shared more about stormwater management and other benefits that included reduced traffic on Waterman Avenue, improved stormwater management, and improved safety and security for employees then addressed parking lot concerns in detail. The Council asked questions regarding plans to remove 35 trees and replant 32 trees and how trees on the west side would include bushes instead and the desire to have full-size tree replacement instead. The Council also asked how filtration would occur. Brian Boland, Director of Golf Course and Grounds, outlined proposed tree replacement plantings and noted Waterman Street drained onto Interlachen property and outlined how they could capture water from the site that would result in a net zero impact. The Council confirmed lighting would be downward directed, requested the expansion of permeable surface of the project, and asked how deliveries would continue on Waterman Avenue and traffic impacts be addressed. The Council spoke about the rain garden at the north end of the site that would run 68 feet short of the lot line. Mr. Livingood referred to current spruce trees that would not be affected by the parking lot expansion and how they would work to retain other mature trees where available then referred to the importance of access off Waterman Avenue. Mayor Hovland opened the public hearing at 8:37 p.m. Public Testimony Jeff Coleman, 6313 Waterman Avenue, addressed the Council. Britta Sortland Ryan, 513 John Street, addressed the Council. Christine Lamson, 509 John Street, addressed the Council. Constance Brockway, 6301 Maloney Avenue, addressed the Council. Robert Frimerman, 6229 Maloney Avenue, addressed the Council. Debra Frimerman, 6229 Maloney Avenue, addressed the Council. Tamzen Miller, 6321 Waterman Avenue, addressed the Council. David Brockway, 6301 Maloney Avenue, addressed the Council. Eric Ryan, 513 John Street, addressed the Council. Frank Thomas, 505 John Street, addressed the Council. David Oxford, Bywood and Interlachen Boulevard, addressed the Council. The Council responded to questions raised during public testimony regarding if a Comprehensive Plan amendment was needed for this request and how stormwater management would be addressed. Mr. Teague confirmed the site was guided low density residential and a golf course was a permitted use in this area with parking areas as conditional permitted uses then responded to how public/semi-public parking lots were guided and varied. Mr. Millner confirmed the project would direct water into the rain garden through proper grading and would continue to be treated appropriately. Minutes/Edina City Council/July 21, 2021 Page 5 The Council asked questions regarding deliveries, the ability to control times, and concerns about golf club members driving in yards and accessing the course via Waterman Avenue. The Council confirmed that after the gate was constructed, members could no longer access the club through Waterman Avenue, and the applicant’s intention is to keep the gate closed with the exception of deliveries and emergency vehicles or the 4th of July event, and trees for screening would be taller than six feet. Member Jackson moved to extend public hearing to noon on July 26, 2021, and take final action on Resolution No. 2021- 54 Approving a Conditional Use Permit to Expand the Boundaries and Add a New Parking Lot at the Interlachen Country Club at 6200 Interlachen Boulevard, at the August 4, 2021, meeting. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Jackson, Staunton, Hovland Motion carried. Member Pierce returned to the dais following a short recess. IX. REPORTS/RECOMMENDATIONS IX.A. 2021-2022 STUDENT COMMISSION – APPOINTED Member Jackson stated the City received 32 applications for student commission positions for 16 available commission seats and interviews were held on July 15, 16, and 17 in conjunction with community volunteer Jan Seidman. She thanked all who applied and was pleased to have these students involved in City commissions. Member Jackson made a motion, seconded by Member Pierce, to appoint the following individuals with terms ending September 1, 2022: Arts & Culture Commission - Reeya Anand - Tiffany Shen; Community Health Commission - Elizabeth Mullen - Ben Hykes; Energy & Environment Commission - Suryash Rawat - Ava Shumway; Heritage Preservation Commission - Ashwin Maheshwari - Sadie Roy; Human Rights & Relations Commission - Francesca Lichtenberger - Sabeehudeen Mirza; Parks & Recreation Commission - Sammy Prestus - Urva Jha; Planning Commission - William Hayward - Kenley Barberot; Transportation Commission - Stephen Kanti Mahanty - Anna Clark. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.B. RESOLUTION NO. 2021-52, ORDINANCE 2021-06, PRELIMINARY REZONING AND PRELIMINARY DEVELOPMENT PLAN FOR SOLHEM COMPANIES AT 4660 77TH STREET WEST – ADOPTED Community Development Director Teague shared the City Council was asked to consider a redevelopment proposal to redevelop 4660 W. 77th Street, which was part of the Pentagon Park office development. The applicant was proposing to tear down the existing two office buildings on the site and construct a 5-7 story, 408-unit apartment and the Planning Commission and staff recommended this approval. Member Anderson introduced and moved adoption of Resolution No. 2021-52 Approving Preliminary Development Plan and Preliminary Rezoning From MDD-6, Mixed Development District-6 To PUD-23, Planned Unit Development – 23, at 4660 77th Street West and to hold First Reading of Ordinance No. 2021-06 an Ordinance Amending the Zoning Ordinance to Add PUD-23, Planned Unit Development-23, at 4660 77th Street West. Member Staunton seconded the motion. The Council inquired about the 73-74% AMI sought and its impacts to the City’s affordable housing goals and how this was a much-needed housing option in the community that would help fill a need. The Council indicated this housing option reflected the values outlined in the Comprehensive Plan of affordability, Minutes/Edina City Council/July 21, 2021 Page 6 walkability, stormwater management, sustainability, and design innovation. Mr. Teague explained the project would not meet the policy in terms of units but would instead meet the policy through a buy-in. Curt Gunsbury, applicant, explained the 73-74% AMI was household income and not single income and noted they would be targeting market rents. He said while there were not committing to a percentage of affordable units the proposed AMI and $4.1 million buy-in met the affordability requirement and were inline of the goals of the City’s policy. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.C. ORDINANCE NO. 2021-07; OFF-STREET PARKING REGULATIONS – TABLED Mr. Teague said in 2020, the Edina City Council requested the Planning Commission evaluate the appropriateness of the City’s Off-Street Parking Regulations. The City’s current regulations had not been revised since 1992 and many of the current standards had not been amended since 1970. Over the past nine months, the Planning Commission considered revisions to the off-street parking regulations and made edits to clarify the draft ordinance to include the number of parking spaces proposed and the number of stalls to be built. He noted the draft was tested with recent project requests and when the proposed parking standards were applied variances would not have been required in most instances, which demonstrated the ordinance was in line with what developers were doing within their projects. Mr. Teague reviewed comments received from Better Together which included the importance of parking for businesses and others and how the ordinance would address those concerns but be balanced with parking in the streets. The Council thanked Chair Nemerov and the Planning Commission for their work then asked more about where the proposed changes came from and why they differed from the earlier drafts. The Council noted parking changes were needed partly because of changing demographics within senior housing and how the proposed ordinance may not be sufficient for this demographic. The Council commented how the market was correcting itself and cautioned about competition for business with other cities and how Better Together input was overwhelmingly against the proposed ordinance because of included potential negative consequences to development. The Council spoke about the need for reasons to amend the ordinance that included incentivizing for fewer cars on the road, more transit options, more electric vehicles, or other goals for the community and then align those goals with the ordinance. The Council shared concerns of restricting senior housing to two cars and how the cap forced the market and not public transit and the need to tie any cap to a specific theory. The Council asked about the objectives of the Commission that resulted in this proposed ordinance, such as creating incentives to use district parking. Chair Nemerov responded the ordinance was a result of the Council’s direction to compare to neighboring cities then highlighted some of the considerations that included parking trends, usage of lots, project quantities and availability of mass transit, the creation of incentives, and reduction in car emissions overall. Member Anderson, seconded by Member Pierce, to table consideration of First Reading of Ordinance No. 2021-07 an amendment regarding off street parking regulations to a future date after a joint worksession with the Planning Commission. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.D. ASSESSMENT POLICY AND STREET FUNDING REVISIONS – ADOPTED Mr. Millner shared that on April 6, 2021, the City Council revised the assessment policy to align with the recommendations of the Street Funding Task Force. Those revisions removed subcuts and public retaining walls immediately from street reconstruction assessments for 2021 projects. At the June 1, 2021 City Council Work Session, staff heard Council support for street reconstruction funded from 100% taxes with Minutes/Edina City Council/July 21, 2021 Page 7 a transition over 16 years. Staff reinforced that a decision was required on a permanent funding solution this summer or else we would be accepting a lower level of service, more risk, and higher future cost of replacement. He reviewed proposed options and outlined estimated impacts to assessments, the tax levy and taxes on the median value house, including a communication plan that included a press release, town talk style event, and other avenues. The Council asked how assessments affected MSA streets and how this proposal would address the increased costs. The Council noted the plan was transparent and while it would affect property owners who had already been assessed, it created a system that was as fair as possible, and sustainable over time. The Council spoke about how assessments were based on State Statute and the costs involved when litigation occurred over an assessment that could not be supported. The Council thanked the Task Force for their work. Member Staunton made a motion, seconded by Member Anderson, to Approve Assessment Policy and Street Funding Revisions from 100% Special Assessment to 100% Property Taxes with a 16-year Transition Period. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.E. RESOLUTION NO. 2021-59; AFFIRMING AND AUTHORIZING THE SUBMISSION OF A REQUEST FOR STATE BONDING BILL FUNDING – ADOPTED Mr. Neal explained this resolution would affirm the submission of a request for state bonding bill assistance to the State Legislature. A request for bonding bill funding for additional capital improvements and expansion to Braemar Ice Arena was submitted to state officials Monday, June 21, 2021. The submission was suggested by State Sen. Melisa Franzen and resulted in a proposed set of improvements that had been under discussion by a group of local hockey advocates. The proposed local match for the project would be generated by local option sales tax, if that funding stream was approved by voters at the referendum in November 2022. He explained Council’s adoption would be a statement that the City supports the proposed project and for the project to remain in the state bonding bill queue. Mr. Neal noted that adoption of the resolution did not legally obligate the Council to construct the project should the terms of the proposed funding stream change or some other aspect changed but merely placed the request in the queue and obligated staff to continue to provide information to the State to answer questions from legislators. The Council asked questions regarding matching funds and if this plan was approved by the Parks and Recreation Commission. The Council discussed the importance of Braemar Ice Arena to the community and noted the facility was functionally obsolete, not ADA compliant, and included parking lot safety issues among others and requested an overview of the plan that included the Parks and Recreation Commission to provide guidance on the design process. Mr. Neal said staff would arrange for the advocacy group to present the proposal to the Council and Commission in detail with the direction to obtain their support for moving forward. Member Anderson introduced and moved adoption of Resolution No. 2021-59 Affirming and Authorizing the Submission of a Request for State Bonding Bill Funding. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.F. PROPOSED SPENDING PLAN FOR EDINA’S AMERICAN RESCUE ACT PLAN FUNDS - REVIEWED Mr. Neal shared that at the Council’s June 15 meeting staff shared the proposed spending plan for the City’s allocation of American Rescue Plan Act (ARPA) funds, which were just over $4.9 million. The City had received the first half of the total funding with the second half expected mid-2022. The City has until 2024 Minutes/Edina City Council/July 21, 2021 Page 8 to spend the funds on seven broad federal government priorities that included supporting public health response, addressing the negative economic impacts caused by the public health emergency, serving the hardest-hit communities and families, replacing lost public sector revenue, providing premium pay for essential workers, investing in water and sewer infrastructure, and investing in broadband infrastructure. He explained the two broad categories of spending that were ineligible for ARPA funds which included direct or indirect tax reductions, rebates, credits, etc. and deposits into pension funds. He summarized the proposed spending plan in detail that included a community engagement plan on spending priorities and said staff was proposing one amendment to the June 15 recommendation to include software improvement the Community Health Division that would create a significant process improvement for residents and businesses when they seek various permits from the City. The budget for this proposed addition was $300,000 and would include a modest cost for ongoing annual support and licensing that would be carried in our future annual operating budgets. He said if approved staff would create specific plans for each spending category and advance to the Council for final approval at the September 9 meeting. The Council asked about community broadband expansion in the Fred Richards Park area to increase the level of service and requested that benefits from these funds go directly to residents who had experienced disparity due to COVID-19. The Council supported the amendment regarding the community health software upgrade but requested evaluation of the tradeoff and asked about the intention to use VEEP again for food aid options. The Council requested more information on broadband expansion in general then spoke about the ongoing impacts of the proposed additional staff member of a social worker and those tradeoffs. The Council stressed the need to include funding for healthcare workers and schools for continued collaboration then confirmed that tree plantings were still included in the plan. Discussion was held on how greater broadband expansion actions could occur now, how the City should prepare for the next time a situation like the pandemic occurred, whether the request for funding for the historical museum, theater, or other possibilities could occur, and the need create a reserve for other possibilities such as rental assistance or mental health concerns. Mr. Neal agreed but noted the sooner the funding plan was approved and spent the sooner the community would benefit from the funding. He noted greater broadband improvements could occur at a higher level in the future but the need for access was now. The Council provided further guidance on how to spend the allocated 2021 funds and directed staff to return for approval for the 2022 funds. X. CORRESPONDENCE AND PETITIONS - Received X.A. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) 1. MINUTES: COMMUNITY HEALTH COMMISSION, APRIL 12 AND MAY 10, 2021 2. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, MAY 6, 2021 3. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, MAY 25, 2021 4. MINUTES: TRANSPORTATION COMMISSION, MAY 20, 201 5. MINUTES: ARTS AND CULTURE COMMISSION, MAY 27, 2021 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 Pierce, to adjourn the meeting at 11:42 p.m. Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. Minutes/Edina City Council/July 21, 2021 Page 9 Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, August 4, 2021. James B. Hovland, Mayor Video Copy of the July 21, 2021, meeting available.