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HomeMy WebLinkAbout2023-04-04 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL APRIL 4, 2023 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:03 p.m. then shared the procedure for public hearing and community comment. II. ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Jackson made a motion, seconded by Member Agnew, to approve the meeting agenda as presented. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. V. COMMUNITY COMMENT Arnie Bigbee, 7621 Edinborough Way, spoke about his disadvantages growing up and how those disadvantages were hard for people of different color or ethnicity. He suggested Edina help by providing affordable housing opportunities, end discriminatory zoning practices and that Juneteenth was a way to act on those outdated zoning rules and encourage all people to be welcome without exception. Robert Cundy, 4521 Drexel Avenue, shared concerns about the 4633 Arden Avenue construction project with design appeal by the developer and rejected by the Council. He said this was all new construction from the ground up and that the design was no longer historic and how no new construction should be allowed. Christina Brooks, 6566 France Avenue South #810, shared her appreciation to the Council for their work then shared concerns about the possibility of eliminating public hearings at Council meetings on proposed new developments. She said public discourse allowed residents to express opinions directly to their elected officials in an open and transparent setting and created a public record not just through letters, emails, and public posting boards. Janey Weston, 6136 Brookview Avenue, shared the importance of commenting in person with the Council and said she elected the Council not the Planning Commission and that public comment beyond Planning Commission included cameras which the public watches and was important element of the process to present to the Council and citizens of the City. Andy Brown, 5512 Park Place, shared concerns about additional TIF financing and as there were revenue/expense needs now and deferring income for 20 years into the future was not appropriate. He said there were serious public safety issues that required funding now and not in the future. Richard Stein, 7016 Bristol Boulevard, said he objected to the proposed Planning Commission process regarding public hearing changes and shared that while this would be more in line with other cities the Council was the elected body and public comment should not filtered by non-elected members such as Planning Commissioners. Minutes/Edina City Council/April 4, 2023 Page 2 V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Assistant Manager Schaefer responded to Community Comments at the last meeting. VI. CONSENT AGENDA ADOPTED AS PRESENTED Member Pierce made a motion, seconded by Member Jackson, approving the consent agenda as presented: VI.A. Approve Minutes of the Worksession and Regular Meeting of March 21, 2023 VI.B. Approve Claims for Payment for Check Register Claims Pre-List dated March 17, 2023, totaling $1,025,408.74 and Pre-List dated March 24, 2023, totaling $513,019.19 VI.C. Request for Purchase; Parks & Recreation Software Annual Service Fee, awarding the bid to the recommended low bidder, CivicPlus, $43,763 VI.D. Request for Purchase; Aquatic Center Pump Room Design, awarding the bid to the recommended low bidder, HGA, $169,390 VI.E. Request for Purchase; Aquatic Center Changing and Concessions House Concept Design Services, awarding the bid to the recommended low bidder, HGA, $39,900 VI.F. Request for Purchase; ENG 23-1 Morningside C Neighborhood Roadway Reconstruction Project, awarding the bid to the recommended low bidder, GMH Asphalt Corporation, $5,533,534 VI.G. Request for Purchase; ENG 23-1 Morningside C Reconstruction Materials Testing, awarding the bid to the recommended low bidder, Braun Interec, $30,544 VI.H. Request for Purchase; 2023 Construction Observation and Administration Services, awarding the bid to the recommended low bidder, Short Elliott Hendrickson, Inc., $542,264 VI.I. Request for Purchase; Change Order for Fire Station #1 Building Automation System Update, awarding the bid to the recommended low bidder, UHL, $38,200 VI.J. Receive Staff Response to Lake Cornelia Traffic Petition VI.K. Approve Traffic Safety Report of February 28, 2023 VI.L. Adopt Resolution No. 2023-28; Accepting Donation of Automated External Defibrillators VI.M. Adopt Resolution No. 2023-29; Accepting Donation from the Edina Crime Prevention Fund for License Plate Readers VI.N. Approve Heritage Commission Appointment; Theresa Farrell-Strauss Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK – PROCLAIMED Member Risser made a motion, seconded by Member Pierce, to proclaim the week of April 9- 15, 2023, National Public Safety Telecommunicator Week. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Dispatch Supervisor Harris accepted the proclamation on behalf of the dispatchers and thanked the Council for the recognition. A round of applause was offered by all. The Council thanked the dispatchers for their work and high level of professionalism of all dispatchers. VIII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VIII.A. NEW ON-SALE INTOXICATING AND SUNDAY SALE LIQUOR LICENSES FOR THE LYNHALL EDINA, LLC, DBA THE LYNHALL NO. 3945 – CONTINUED TO APRIL 18, 2023 Minutes/Edina City Council/April 4, 2023 Page 3 Clerk Allision stated The Lynhall No. 3945 was located at 3945 Market Street and was currently licensed for on-sale wine and 3.2 percent malt liquor. The applicant had applied for an on-sale intoxicating and Sunday liquor licenses which allowed for the sale and service of all liquor types unlike their current licenses. The Lynhall was also recently approved for a sidewalk café permit. Staff reviewed the application and found it complied with Code requirements. A background investigation was completed by the Police Department and was successful and the applicant had completed the required employee alcohol awareness training. Mayor Hovland opened the public hearing at 7:31 p.m. Public Testimony No one appeared. Member Jackson made a motion, seconded by member Pierce, to close the public hearing at noon on April 10, 2023, and continue consideration of the new on-sale intoxicating and Sunday sale liquor licenses for The Lynhall Edina, LLC, dba The Lynhall No. 3945, to the April 18, 2023, meeting. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.B. RESOLUTION NO. 2023-25; ESTABLISHING THE 72ND AND FRANCE 2 TAX INCREMENT FINANCING DISTRICT – CONTINUED TO APRIL 18, 2023 Economic Development Manager Neuendorf stated this item pertained to the future use of Tax Increment Financing (TIF) to support redevelopment of 5-acres of vacant land located along the France Avenue commercial corridor. The resolution would establish the TIF district and adopt the TIF Plan for spending new property taxes collected within the boundaries of the district. A private developer proposed to redevelop the site at 7200-7250 France Avenue with two new buildings and reconstruct the property in accordance with the Planned Unit Development (PUD) zoning and in a manner that delivered many benefits to the general public. The public benefits would not be possible without the use of tax increment financing. He shared background regarding the substandard buildings that had existed prior to demolition and shared about the stormwater conditions of the site. The TIF plan was prepared by the City’s financial advisors with review by the City’s special counsel for TIF redevelopment matters. The Edina Housing and Redevelopment Authority approved this TIF Plan on March 23, 2023 and a public hearing should be held to collect additional input before the City Council makes a final decision. He shared more about the proposed TIF plan’s location and duration of two parcels, five acres, and creation of a new redevelopment district for 25 years with a projected tax capacity of $2,048,974 then shared the resulting of a new public realm that would include sidewalks, plaza, roadway, sidewalks and trail with stormwater ponding with maintenance being done by the developer. Mayor Hovland opened the public hearing at 8:05 p.m. Public Testimony Lori Syverson, Edina Chamber of Commerce, addressed the Council. Shelly Loberg, Edina Chamber of Commerce, addressed the Council. Richard Stein, 7016 Bristol Boulevard, addressed the Council. Lori Grotz, 5513 Park Place, addressed the Council. Jim Grotz, 5513 Park Place, addressed the Council. The Council asked questions and provided feedback. Minutes/Edina City Council/April 4, 2023 Page 4 Member Jackson made a motion, seconded by Member Agnew, to close the public hearing at noon on April 10, 2023, and continue consideration of Resolution No. 2023-25, establishing the 72nd and France 2 Tax Increment Financing District to the April 18, 2023, meeting. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.C. RESOLUTION NO. 2023-26 APPROVING PRELIMINARY AND FINAL REZONING OF 4404 VALLEY VIEW ROAD FROM PCD-1, PLANNED COMMERCIAL DISTRICT TO PUD-25, PLANNED UNIT DEVELOPMENT 25; ORDINANCE NO. 2023-05, REZONING 4404 VALLEY VIEW ROAD – GRANTED FIRST READING - DENIED Community Development Director Teague stated City Homes and the City of Edina were requesting a rezoning from PCD-1, Planned Commercial District to PUD, Planned Unit Development for the property at 4404 Valley View Road. This site received a Conditional Use Permit to allow the multi-residential land use. This property also was approved for a four-unit townhome/rowhome project in 2022. The purpose of this request was to rezone the property to the intended long-term use of the site, residential, and not allow commercial uses in the future. The City Attorney had advised that a rezoning to PUD would be the proper method to ensure no commercial uses. The Planning Commission recommended denial of the rezoning request and the Commission further recommended approval of the subdivision request to allow the individual homes to be sold separately. The Commission believed the approved project conformed to the Comprehensive Plan, Small Area Plan and the existing PCD-1 zoning through the approved conditional use permit, site plan and variances. Council was asked to take action on the request on April 4, as this action was recommended by the City Attorney during the March 7 consideration of the subdivision request. The approved development plans for this project were not impacted by this decision and noted this will be the sixth public hearing on this project. He stated while both the Planning Commission and staff wanted to see this development occur the difference was the Commission felt existing zoning could support that but City Attorney’s opinion to address concerns led staff to recommend the rezoning. Rebecca Remik, City Homes, shared positives comments she received about investing in the City and said she lived and worked in Edina and her goal was to move her business to Edina. She said she wanted to build and renovate homes in Edina for current and new residents then shared their work to provide what the City had required throughout the process as it would have a positive impact in the community. She stated they had never changed or asked for changes to the project except the recent change regarding the rezoning as it was conditioned upon development of the parcel. Sara Bennet, Fredrickson & Byron, shared the rezoning was for the purpose of resolving ambiguity and the site plan approval for Edina Flats. She said this was not added to the community but transferred to row townhomes and that they had an approved project for townhomes. She said rather than City Homes coming before Council with this ambiguity they worked to follow the recommendation to rezone from PC-1 to PUD that was solely for a residential purpose to resolve the ambiguity. She said the public hearing did not have to do with the subdivision but were interrelated and that they wanted the project to work in Edina. Ms. Bennet said in the spirit of cooperation and support of the application to rezone and resolve the ambiguity they raised the topic to operate a commercial use out of a residential townhome. She stated she drafted the articles of incorporation and provided a draft to the City Attorney which would be recorded against the property and restrict owners’ use to a residential use which should help address any concerns. She spoke about the vacant parcel of land now and encouraged the Council to help City Homes create something here otherwise the process would start over with someone else and not provide the missing middle housing opportunity for this area as well as a nice transition to single family. Mayor Hovland opened the public hearing at 8:53 p.m. Public Testimony Janey Weston, 6136, Brookview Avenue, addressed the Council. Minutes/Edina City Council/April 4, 2023 Page 5 Susan Lee, 6708 Pointe Drive, addressed the Council. Patrick McGlynn, 4622 Casco Avenue, addressed the Council. Maggie Auguston Bookey, 5845 Ashcroft Avenue, addressed the Council. Britta Hovey, 5617 Zenith Avenue South, addressed the Council. Chris Fitzpatrick, 6020 Oaklawn, addressed the Council. Jim Grotz, 5513 Park Place, addressed the Council. Member Jackson moved, seconded by Member Pierce to close the public hearing. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. The Council asked questions and provided feedback. Member Pierce introduced and moved denial of Resolution No. 2023-26 approving preliminary and final rezoning of 4404 Valley View Road from PCD-1, Planned Commercial District to PUD-25, Planned Unit Development 25 and to grant First Reading of Ordinance No. 2023-05 an Ordinance amending the Zoning Ordinance to add PUD-25, Planned Unit Development- 25, at 4404 Valley View Road. Member Agnew seconded the motion. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.D. RESOLUTION NO. 2023-20; CERTIFICATE OF APPROPRIATENESS APPEAL, 4630 DREXEL AVENUE – CONTINUED TO APRIL 18, 2023 Assistant City Planner Bodeker stated Scott Busyn, applicant, was appealing the denial of an amended Certificate of Appropriateness (COA) by the Heritage Preservation Commission. The proposed COA amendment was for approval of the rebuilt chimney (as the chimney was built today) without the previously approved stone detailing. The Heritage Preservation Commission heard the amendment request at their January 9, 2023, meeting, and the certificate of appropriateness amendment approving the rebuilt chimney on June 14, 2022. She shared the existing chimney structure was unsafe and needed to be removed and plans for a new chimney with stucco and stone fireplace surround to match the original structure was approved without the exterior gas insert present. The request for an amendment was being sought by the applicant and the HPC discussed submitted detail that included distinctive features should be preserved and new additions and related new construction done in such a manner that if removed in the future the essential form and integrity would be unimpaired. She said the HPC denied the request based on the uniqueness to the home and relation to other projects in the area. HPC Chair Lonnquist shared history of the Edina Heritage Landmark Country Club District that included 555 homes not as landmarks on their own but as a whole and how the HPC was tasked with review of changes over time and their ability to achieve a high degree of compliance. She spoke about the importance of setting precedent of forgiveness rather than permission for approving changes after construction then spoke about three other COA amendment considerations and how this corner lot consideration included more alternations to primary facades were approved. Chair Lonnquist shared about the fireplace rebuild proposal in detail that included whenever replacement of a deteriorated building feature was necessary new construction should match the architectural characteristics of the feature being built. She spoke about arguments by the applicant that were not relevant including screening by landscaping or fencing. Minutes/Edina City Council/April 4, 2023 Page 6 Scott Busyn, applicant and Great Neighborhood Homes, thanked the Council for their consideration and thanked Chair Lonnquist and the HPC for their work preserving neighborhoods. He said he did not believe this was a significant change and shared how the homeowner did not like the stone detail once completed and felt the project met the Secretary of Interior Standards as it was not a substantial renovation. He said he felt the other amendments cited were not in line with appropriate approvals and said they felt singled out selectively over other projects and tha the HPC had a biased opinion on this project and asked for Council approval. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 10:00 p.m. Public Testimony Janey Weston, 6136 Brookview Avenue, addressed the Council. Bob Cundy, 4521 Drexel Avenue, addressed the Council. Member Pierce made a motion, seconded by Member Jackson, to close the public hearing at noon on April 10, 2023, and continue consideration of Resolution No. 2023-20, denying an amended COA request to approve the rebuilt chimney without the previously approved stone detailing at 4630 Drexel Avenue, to the April 18, 2023, meeting. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. RESOLUTION NO. 2023-27; ACCEPTING DONATIONS – ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2023-27, accepting donations. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX.B. RESOLUTION NO. 2023-22; RESOLUTION NO. 2023-22; CONDITIONAL USE PERMIT AND VARIANCE FOR US INTERNET AT 6444 XERXES AVENUE – ADOPTED Community Development Director Teague stated US Internet (USI) was requesting a Conditional Use Permit and Variance to construct a 1,900 square foot utility building at 6444 Xerxes Avenue. The variance requested was to construct a building with no windows due to security concerns and built with cultured stone and EIFS instead of brick or stone entirely. The existing structure would be removed from the site and the new building constructed. The facility would provide improved internet services to Edina residents. USI currently served the north/northeastern portions of Edina. The building on Xerxes would cover central and southern Edina. Member Jackson introduced and moved adoption of Resolution No. 2023-22, approving a Conditional Use Permit and Variance for US Internet at 6444 Xerxes Avenue. Member Pierce seconded the motion. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Curt Lange, 5301 Mirror Lakes Drive, shared their plan to provide internet cover for a significant portion of the City. Minutes/Edina City Council/April 4, 2023 Page 7 IX.C. RESOLUTION NO. 2023-16; SUBDIVISION AND DEVELOPMENT CONTRACT FOR 4404 VALLEY VIEW ROAD – ADOPTED Community Development Director Teague stated City Homes was requesting a subdivision of 4404 Valley View Road to establish individual lots for their four-unit townhome project that was approved for this site in 2022. The proposal simply creates the lot for each unit so that they would be sold off individually. The development contract had been drafted by the City Attorney and agreed upon by the applicant. No public improvements were being proposed with the exception of irons set to mark the property lines prior to any certificate of occupancy for the first unit. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-16, approving preliminary and final plat and development contract for 4404 Valley View Road. Member Pierce seconded the motion. Roll call: Ayes: Agnew, Jackson, Pierce, Hovland Nay: Risser Motion carried. IX.D. SKETCH PLAN FOR 7200 FRANCE AVENUE, PHASE 2 HOTEL – REVIEWED Mr. Teague said the City Council was asked to consider a sketch plan review of Phase 2 of the 7200/7250 France Avenue redevelopment site. The approved overall development plan for this site included a 150-unit apartment building and 10,000 square feet of retail. Hospitality uses were discussed with the overall development plan and one of the permitted uses allowed was a hotel. The applicant was now proposing a 150-room hotel and a restaurant on the main level at the corner of France and 72nd Street with the general mass and scale of the building would be the same. Ted Carlson, Orion Investments, said they spent a lot of time on 7250 France Avenue and now were seeking input on the 7200 building. He said after review they felt hospitality would fit the community and guidelines for a new and fresh use that would be unique and fill a niche market. He noted nothing had changed on the site plan or site layout as part of this proposed use. Nate Enger, ESG Architects, shared their proposal of 150-room boutique hotel, destination bar and restaurant component with a north/south connector to tie the project together. He spoke about connections to open greenspace and stormwater management area and how the building would be six stories above grade with pedestrian access and rooftop food and beverage terrace open to the public. He said there would be no surface parking and the site would provide an additional entry and connectivity with the Danila area and a portion of the underground ramp would be used for back of house activities with deliveries moved off any neighborhood-facing entrances. He shared proposed floor plans and explained the building would be stepped back for less massing and adjoining areas as much as possible. The Council asked questions and provided feedback. IX.E. COUNCIL MEMBER RISSER TO REPRESENT THE CITY ON THE NOISE OVERSIGHT COMMITTEE – APPOINTED Ms. Schaefer said the Metropolitan Airports Commission (MAC) Noise Oversight Committee (NOC) served an important accountability and liaison function among the MAC, airlines, FAA and the public around the subject of aviation noise and that the City’s current representative was former Council Member Mary Brindle and that Council Member Risser had expressed an interest in serving as the City’s NOC representative. Member Agnew made a motion, seconded by Member Pierce, to appoint Council Member Risser to the Metropolitan Airports Commission (MAC) Noise Oversight Committee (NOC). Rollcall: Minutes/Edina City Council/April 4, 2023 Page 8 Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. X. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received X.A. MINUTES: HERITAGE PRESERVATION COMMISSION, JANUARY 9 AND FEBRUARY 13, 2023 X.B. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, FEBRUARY 9, 2023 X.C. MINUTES: TRANSPORTATION COMMISSION; FEBRUARY 16, 2023 XI. MANAGER’S COMMENTS – Received XI.A. PREP MEMO APRIL 4, 2023 XII. MAYOR AND COUNCIL COMMENTS – Received XIII. ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 11:42 p.m. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, April 18, 2023. James B. Hovland, Mayor Video Copy of the April 4, 2023, meeting available.