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HomeMy WebLinkAbout2022-09-07 City Council Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MEETING SEPTEMBER 7, 2022 7:00 PM 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m. then shared the procedure for public hearing and community comment. 11. ROLLCALL Answering rollcall were Members Anderson, Jackson, Pierce, Staunton, and Mayor Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Anderson made a motion, seconded by Member Pierce, to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. V. COMMUNITY COMMENT Roger Nunn, 5608 Code Avenue South, spoke about the Melody A/B/Birchcrest reconstruction project area and incomplete landscaping and asked when the project would be completed. He shared concerns about lack of backfill to contour and grade and lack of communication regarding the timeline. He spoke about how residents had to do their own irrigation repair because the City was not doing a sufficient job, requested reimbursement, then spoke about impacts on property values. Ruth Metzger, 5600 Dale Avenue, asked when the Melody A/B/Birchcrest reconstruction project area would be completed then outlined several specific areas of concern that included sidewalk completion and the railway, trucks navigating the area, damaged red bud tree, and assessments being due before the project was complete. Benett Guimo, 4845 Abbott Avenue South, thanked the Council for listening to the public's concerns this evening. Director of Engineering Millner responded to concerns raised regarding the Melody A/B/Birchcrest reconstruction project. He apologized for the contractor's performance to date and outlined work to complete the restoration, which included specific staff oversight until completion. V.A. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS Manager Neal shared an update from the Community Comments from the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Staunton made a motion, seconded by Member Jackson, approving the consent agenda as amended, removing Item VI.M, Water Bill Credit for Street Reconstruction Projects Melody Lake, Creek Knoll and 58th Street: VI.A. Approve Minutes of the Work Session and Regular Meeting of August 16, 2022 VI.B. Approve Claims for Payment for Check Register Pre-List Dated August 12, 2022, totaling $1,560,125.95; Pre-List Dated August 12, 2022, totaling $10,938.65; Pre-List Page 1 Minutes/Edina City Council/September 7. 2022 Dated August I 9, 2022, totaling $861,000.96; and Pre-List Dated August 26, 2022, totaling $2,310,592.00 VI.C. Approve Grant Agreement JSG Company, LLC VI.D. Approve Public Health Emergency Preparedness Agreement with City of Bloomington VI.E. Adopt Ordinance No. 2022-09; Amending Chapters 10 and 20 of the Edina City Code Concerning Swimming Pool and Food Establishment Licensing VI.F. Request for Purchase, Countryside Park Athletic Field Fence Mesh Replacement, awarding the bid to the recommended low bidder, Bituminous Roadways, $80,000 VI.G. Request for Purchase, Countryside Park Tennis Court Replacement, awarding the bid to the recommended low bidder, Sterling Fence, $34,442 VI.H. Approve Lease Agreement with General Sports Corporation for Tenant Space at Braemar Arena VI.I. Approve Amendment to Overlay Requirements in Sustainable Buildings Policy VI.J. Request for Purchase, 50th and France District Area Traffic Study Related to E-Line BRT, awarding the bid to the recommended low bidder, TKDA, $26,500 VI.K. Request for Purchase, Change Order for Additional Engineering Services for Lift Station #3, awarding the bid to the recommended low bidder, Bolton Menk, $40,000 VI.L. Request for Purchase, Professional Services for Centennial Lakes Park Conditions Assessment, awarding the bid to the recommended low bidder, Kimley-Horn, $81,400 th Street VI.N. Approve Traffic Safety Report of July 26, 2022 VI.O. Adopt Resolution No. 2022-78; Setting Public Hearing Date for Special Assessment and Delinquent Utilities VI.P. Approve Summary Publication for Ordinance 2021-07; Amending Off-Street Parking Regulations Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: VI.M. WATER BILL CREDIT FOR STREET RECONSTRUCTION PROJECTS MELODY LAKE, CREEK KNOLL AND 58TH STREET — APPROVED The Council shared how the proposed water bill credit was not sufficient as the contractor had failed, which led to property owners having to restore their lawns. The Council indicated the amount of credit should be increased. Member Anderson made a motion, seconded by Member Pierce, to approve a $200 water bill credit for Street Reconstruction Projects Melody Lake, Creek Knoll, and 58th Street as presented per residential property unit. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. Mr. Neal stated staff would work on communication for this adopted water bill credit for affected property owners. VII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VII.A. RESOLUTION NO. 2022-79; APPROVING RIGHT-OF-WAY EASEMENT VACATION AT 5304 WHITING AVENUE — CONTINUED TO SEPTEMBER 20, 2022 Director of Engineering Millner stated an application was received on August I , 2022, requesting a utility easement be vacated at 5304 Whiting Avenue. He said there were no concerns with the vacation with the City and that staff recommended approval. Mayor Hovland opened the public hearing at 7:42 p.m. Page 2 Minutes/Edina City Council/September 7. 2022 Public Testimony No one addressed the Council. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Pierce, to close the public hearing at noon on September 12, 2022, and continue action on Resolution No. 2022-79 vacating public right-of-way easement, 5304 Whiting Avenue, to the September 20, 2022, City Council meeting. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.B. RESOLUTION NO. 2022-77 AND ORDINANCE NO. 2022-1I; PRELIMINARY REZONING FROM PID PLANNED INDUSTRIAL DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT, AND SUBDIVISION AT 5146 EDEN AVENUE (FORMER PUBLIC WORKS SITE) — CONTINUED TO SEPTEMBER 20, 2022 Economic Development Manager Neuendorf shared past vision and planning for the Grandview District and stated United Properties and Jester Concepts were proposing to redevelop the 3.3-acre vacant old Public Works site at 5146 Eden Avenue. As proposed, at full build out, the site would include a 6-1/2-story, 86- unit senior cooperative project (owner occupied) with underground parking. He said the project would include ten percent of the units for affordable housing (9 units); a two-story, 13,500 square foot 347 seat restaurant with 3 I surface parking stalls, and additional parking would rely on the public Jerry's parking ramp to the west. He outlined the 31,643-square foot green space/public plaza area with pedestrian walkways to the pedestrian bridge, now under construction, that would connect the Jerry's parking ramp and that Phase 1 of the project would be the senior housing development, Phase 2 would be the restaurant site, followed by the park. Mr. Neuendorf said the Phase 2 portion of the project would require future site and building plan review and approval of the Planning Commission and City Council. Community Development Director Teague shared the proposed zoning and request for the project in detail zoned PI, guided as Mixed-Use Center, with density allowed up to 100 units per acre and anticipated public use of some type. He shared about the reduced number of parking stalls for senior housing, recessed and articulated faces, balconies, and other elements, then said the project would not exceed the height of the existing Jerry's tower. He said staff believed the project met the proposed zoning code, would meet the goals of affordable housing, recommended approval, then noted the Planning Commission opposed approval as they wanted more public buildings on the site. Terry Minarik, Confluence, said the phases would help create districts in the Grandview area which was at the heart of the community and provide space to gather, socialize, and hold events. He said they were fortunate to have the restaurant in place then outlined grade changes and park use that would include art, music, crafts, sledding, and movies. Brent Fredrick, Jester Concepts, shared the proposed restaurant plan for the site that would include an outdoor hearth area for food service that would help activate the space and other elements. Brian Larson, Pope Design, shared about the proposed senior co-op housing which was the first new senior housing project for many years and included parking level access from Eden, five levels of housing, smaller setbacks, indented stairs and terracing for articulation. He shared elevations then spoke about guest parking and materials of precast stone in varying colors. Mayor Hovland opened the public hearing at 8:30 p.m. Public Testimony Marilyn Listvan, 5509 Highland Road, addressed the Council. Page 3 Minutes/Edina City Council/September 7, 2022 The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Pierce, to close the public hearing at noon on September 12, 2022, and continue action on Resolution No. 2022-77 Approving Preliminary Development Plan and Preliminary Rezoning from PID, Planned Industrial District to PUD-24 Planned Unit Development — 24 and Subdivision/Replat at 5146 Eden Avenue and hold first reading Ordinance No. 2022-11 Amending the Zoning Ordinance to add PUD-24 Planned Unit Development-24 at 5146 Eden Avenue, to the September 20, 2022, City Council meeting. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII. REPORTS AND RECOMMENDATIONS VIII.A. RESOLUTION NO. 2022-80 ACCEPTING DONATIONS - ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2022-80 accepting donations. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.B. RESOLUTION 2022-74; APPROVING RIGHT-OF-WAY EASEMENT VACATION AT 7001 FRANCE AVENUE — ADOPTED Mr. Millner said an application was received on July 12, 2022, requesting that a portion of the right-of-way easement of 7001 France Avenue be vacated and no public comments were received in relation to the easement vacation. The Council asked questions and provided feedback. Member Staunton introduced and moved adoption of Resolution No. 2022-74; vacating public right-of-way easement, 7001 France Avenue. Member Jackson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.C. ORDINANCE NO. 2022-08 — FIRST READING GRANTED — AND RESOLUTION 2022-73; APPROVING PRELIMINARY REZONING AND PRELIMINARY DEVELOPMENT PLAN FOR SOLHEM COMPANIES AT 4600 AND 4620 77TH STREET WEST — ADOPTED Mr. Teague said Council was asked to consider a proposal to redevelop 4600 77th Street West, which was part of the Pentagon Park office development. Solhem Development was proposing to tear down one of the existing office buildings at 4600 and 4620 77th Street and construct a 7-story, 276-unit apartment with a small main level cafe (1,500 square feet). Twenty-eight (28) units would be included in the project to meet the City's affordable housing policy. The plan featured a new entrance to Fred Richards Park from 77th Street and would be an expansion of the residential development project under construction to the west, which was a 408-unit Housing Development zoned PUD-23. Mr. Teague noted no comments were received on Better Together and that staff recommended approval. Jason Lord, Solheim Companies, spoke about improving flood storage areas and how they pulled the building back from the wetland boundary and created a covered amenity area. The Council asked questions and provided feedback. Page 4 Minutes/Edina City Council/September 7. 2022 Member Pierce made a motion to grant First Reading to Ordinance No. 2022-08 amending PUD-23, Planned Unit Development-23, to Expand the District adding 4600 77th Street West and to introduce and adopt Resolution No. 2022-73 Approving Preliminary Development Plan and Preliminary Rezoning From Mdd-6, Mixed Development District-6 to PUD-23, Planned Unit Development — 23, at 4600 & 4620 77th Street West. Member Jackson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.D. ORDINANCE NO. 2022-10 AMENDING CHAPTERS 10 AND 24 CONCERNING RESIDENTIAL TREE PROTECTION — FIRST READING GRANTED John Haugen, Energy and Environment Commissioner, shared the proposed amendments to the tree protection ordinance in detail that included the revision proposal process and how the Commission consulted with the Transportation and Planning Commissions, staff, and seven other cities. He reviewed the current state of the ordinance from 2014 that did not protect the tree canopy very well and lacked numerous provisions that included enforcement. He said the goal was to maintain a canopy of healthy, mature trees and that the amendments added a Heritage status, removed exemptions, and retained flexibility with developers. He said staff recommended approval of the proposed ordinance without Sec 24-4, Boulevard Tree Removal. Sustainability Manager Hancock spoke about the annual redevelopment training offered for residential developers where the ordinance would be incorporated into the curriculum. The Council asked questions and provided feedback. Member Pierce made a motion to grant First Reading to Ordinance No. 2022-10 amending Chapters 10 and 24 of the Edina City Code as amended in Section 24-4, Boulevard Tree Removal. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.E. SUMMARY PUBLICATION FOR ORDINANCE NO. 2022-10 AMENDING CHAPTERS 10 AND 24 CONCERNING RESIDENTIAL TREE PROTECTION — TABLED TO SEPTEMBER 20, 2022 Member Jackson made a motion, seconded by Member Pierce, to table consideration of summary publication for Ordinance 2022-10 amending Chapters 10 and 24 of the Edina City Code concerning tree protection to the September 20, 2022, City Council meeting. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.F. ORDINANCE NO. 2022-12 ESTABLISHING LICENSING AND REGULATORY SYSTEM FOR THC-INFUSED EDIBLES AND DRINKS — FIRST READING GRANTED Mr. Neal said if adopted by the City Council, Ordinance 2022-12 would establish a municipal licensing and regulatory system for THC-infused edibles and drinks. Ordinance 2022-12 was prepared by the City Attorney and vetted by the City's licensing, public safety and public health compliance staffs. The ordinance was modeled after the City's regulatory enforcement code provisions and practices already used to regulate tobacco. He said the approach to use tobacco control as the model for these new licensed products was becoming the most common approach among comparable cities and that staff recommended approval of the ordinance on first reading. The Council asked questions and provided feedback. Page 5 Minutes/Edina City Council/September 7, 2022 Member Staunton made a motion to grant First Reading to Ordinance No. 2022-12 establishing a municipal licensing and regulatory system for THC-infused edibles and drinks as amended in Section 12-558, Penalties. Member Anderson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.G. RESOLUTION NO. 2022-72; SITE PLAN REVIEW WITH MULTIPLE VARIANCES FOR 4404 VALLEY VIEW ROAD — ADOPTED Mr. Teague said City Homes was requesting a site plan review with multiple variances to develop the vacant site at 4404 Valley View Road. This site was part of the Edina Flats project and was to have a two-story, four (4) unit condominium built on it. Multiple variances were approved as part of that project and the applicant was proposing to revise the original plans and develop the site with two (2) two-unit row houses. He said the request would require a revised site plan and variances that included structure setback variance from 35 feet to 20 feet on Oaklawn; structure setback variance from 25 to I 0 feet on Valley View Road; structure setback variances from 25 to 7 and 5 feet from the side lot lines; and building materials variance to allow hardi-board siding rather than brick on the street facing elevations and not have 75% transparency at ground level. The Council asked questions and provided feedback. Rebecca Remick, City Homes, spoke about the financial viability of this project if it were to be changed from three units instead of four. Member Jackson introduced and moved adoption of Resolution No. 2022-72 approving a site plan with multiple variances at 4404 Valley View Road. Member Pierce seconded the motion. Rol!call: Ayes: Jackson, Pierce, Staunton, and Hovland. Nays: Anderson Motion carried. IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received IX.A. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, JULY 14, 2022 IX.B. MINUTES: TRANSPORTATION COMMISSION, JUNE 16 AND JULY 21, 2022 IX.C. MINUTES: COMMUNITY HEALTH COMMISSION, APRIL II AND JUNE 13, 2022 IX.D. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION JUNE 28 AND JULY 26, 2022 IX.E. ADVISORY COMMUNICATION; ROSLAND PARK PEDESTRIAN BRIDGE IX.F. ADVISORY COMMUNICAITON; TRANSIT AVAILABILITY X. MANAGER'S COMMENTS — Received XI. MAYOR AND COUNCIL COMMENTS — Received XI.A. EDINA ART CENTER STATUS UPDATE XII. ADJOURNMENT Member Staunton made a motion, seconded by Member Pierce, to adjourn the meeting at 10:08 p.m. Ayes: Anderson, Pierce, Staunton, and Hovland. Motion carried. Page 6 Minutes/Edina City Council/September 7, 2022 Respectfully submitted, Noll Mills, Deputy City Clerk Minutes approved by Edina City Council, September 20, 2022. Kevin Staunton, Acting Mayor Video Copy of the September 7, 2022, meeting available. Page 7