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HomeMy WebLinkAbout2023-09-05 City Council Meeting Minutes Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL SEPTEMBER 5, 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 Pierce, to approve the meeting agenda as presented. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. V. COMMUNITY COMMENT Steve Brown, 5528 Halifax Lane and Edina Neighbors for Affordable Housing, shared their goal to educate the public regarding affordable housing and the professions of potential residents who made less than $74,500 which included teachers, nutritionists, and others who would pay rents of $1,938 per month similar to a home purchase of $234,000. Daniel Eaton, 5712 Parkwood Lane, spoke about the need to have neighborhoods get what they want and how the Council worked for the residents who should have a say in their location neighborhoods. He requested a Small Area Plan (SAP) be created for the 19.2 acres from 5780 Lincoln North in the Bredesen neighborhood to create a development that was mindful and transparent with neighborhood input and not developer-led. Jeff Anderson, 6205 Parkwood Road, shared he had lived in Edina for over 30 years and had concerns about the proposed development and rezoning for affordable housing. He said rezonings should not be allowed to occur and if that was the case, he would request a rezoning to redevelop his home to a twin home to allow his daughter to live onsite. Joanne Anderson, 6236 Knoll Drive, shared she was not against affordable housing but the density needed for affordable housing and that this project was far denser than others that had created too much traffic. She said the Council needed to understand the residents who lived in the area came for a reason and that rezoning should not occur. Anne Doughty, 5737 Duncan Lane, requested a SAP be created for the 19 acres similar to the SAP created for the 44th and France neighborhood. She said the purpose was to provide a vantage point for reviewing and evaluating future development proposals that contributed rather than detracted to the unique character of the area. She said their neighborhood was important, the resident’s voices are valuable, and should be heard to help shape our area. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to Community Comments at the last meeting. Minutes/Edina City Council/September 5, 2023 Page 2 VI. CONSENT AGENDA ADOPTED AS AMENDED Member Jackson made a motion, seconded by Member Agnew, approving the consent agenda as amended, removing Item VI.J., Ordinances Nos. 2023-16 and 2023-17, Approve Increase in Utility Franchise Fees for CenterPoint Energy and Xcel Energy, as follows: VI.A. Approve Minutes of the Worksession and Regular Meeting of August 15, 2023 VI.B. Approve Claims for Payment for Check Register Claims Pre-List Dated August 11, 2023 totaling $1,725,846.25; Check Register Claims Pre-List Dated August 14, 2023 totaling $50,190.00; Check Register Claims Pre-List Dated August 17, 2023, totaling $209,271.70; Check Register Claims Pre-List Dated August 18, 2023, totaling1,232,716.73; and Check Register Claims Pre-List Dated August 25, 2023 totaling $2,779,574.30 VI.C. Adopt Ordinance No. 2013-14; Amending City Fee Schedule and Code VI.D. Approve Summary Publication for Ordinance No. 2023-14; Amending City Fee Schedule and Code VI.E. Traffic Safety Report of July 25, 2023 VI.F. Request for Purchase, ENG 23-10 7121 Schey Drive Retaining Wall Improvements, awarding the bid to the recommended low bidder, Blackstone Contractors LLC, $150,848 VI.G. Request for Purchase, Change Order No. 1 for Fire State No. 1 Renovation and HVAC Upgrades, awarding the bid to the recommended low bidder, $42,650 VI.H. Adopt Resolution No. 2023-55; Safe Routes to School Grant Agreement VI.I. Request for Purchase, ENG 23-8 Cornelia Elementary Safe Routes to school Improvements, awarding the bid to the recommended low bidder, McNamara Contracting, $427,078 VI.J. Ordinances Nos. 2023-16 and 2023-17, Approve Increase in Utility Franchise Fees for CenterPoint Energy and Xcel Energy VI.K. Request for Purchase, Professional Services for Braemar Field Sport Dome Installation and Takedown, awarding the bid to the recommended low bidder, Joseph E. Johnson & Sons Consulting, LLC, $67,750 VI.L. Request for Purchase, Fox Meadow Park Playground Site Improvements, awarding the bid to the recommended low bidder, Odesa II, LLC, $26,680 VI.M. Request for Purchase, Design Services for Arneson Acres ADA Accessible Trail, awarding the bid to the recommended low bidder, WSB, $35,568 VI.N. Adopt Resolution No. 2023-57; Setting Public Hearing Date for Special Assessment and Delinquent Utilities VI.O. Approve Temporary Intoxicating On-Sale Liquor License for Church of St. Patrick- Edina Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.J. ORDINANCES NOS. 2023-16 AND 2023-17, APPROVE INCREASE IN UTILITY FRANCHISE FEES FOR CENTERPOINT ENERGY AND XCEL ENERGY – ADOPTED The Council spoke about the need for fees to be equitable and based on energy usage and update. Mr. Neal said staff was still learning about fee programs in Minneapolis and other cities and the process for basing fees that were not flat but based on the amount of energy consumed per unit and said potential rate structure changes would be presented to Council in the future. Member Jackson moved to grant Second Reading adopting Ordinance No. 2023-16 Amending Ordinance No. 2012-15 A Gas Energy Franchise Fee On Centerpoint Energy Minnesota Gas ("Centerpoint Energy") For Providing Gas Energy Service Within The City Of Edina and Ordinance No. 2023-17 Ordinance Amending Ordinance No. 2012-16 Implementing An Minutes/Edina City Council/September 5, 2023 Page 3 Electric Service Franchise Fee On Northern States Power Company, A Minnesota Corporation, D/B/A Xcel Energy, Its Successors And Assigns, For Providing Electric Service Within The City Of Edina. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Hovland Nay: Risser Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. WELCOMING WEEK – PROCLAIMED Member Jackson made a motion, seconded by Member Agnew, to proclaim the week of September 8-17, as Welcoming Week in Edina. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. The Council shared that Welcoming Week was an annual campaign that celebrated the work in communities to become welcoming places for all, including immigrants. The Council indicated the work provided individuals and organizations the opportunity to showcase their values through events and initiatives that fostered connections and collaboration between immigrants and non-immigrants, as well as belonging for all. The Council spoke about the importance of making Edina a welcoming city which included the importance of protecting non-English speaking residents from potential wage theft and workers compensation loss as a result of projects in the City. VIII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VIII.A. ZONING ORDINANCE AMENDMENT MULTI-FAMILY HOUSING IN THE CITY’S PCD-1 AND PCD-2 ZONING DISTRICTS – CONTINUED TO SEPTEMBER 19, 2023 Community Development Director Teague shared the ordinance would clarify the City’s regulations regarding multi-residential land uses in the PCD-1 and PCD-2, Planned Commercial Zoning Districts as there were two separate sections of the Zoning Ordinance that were in conflict. He outlined that City Code Section 36-612 (Conditionally Permitted Uses in the PCD, Planned Commercial District) allowed “multiresidential uses” as a conditionally permitted use and that multiresidential use meant a residential use permitted in the Planned Residence District (PRD) and the Mixed Development District. Permitted uses in the PRD included double dwelling unit buildings, residential townhouses, residential buildings containing six or fewer dwelling units, and residential buildings and these types of structures did not have commercial uses on the first floor or basement. Under this provision of the City Code, the City of Edina had approved multiresidential projects, including the Edina Flats, and View 44. He said City Code Section 36-618 (18) stated that no part of any dwelling unit shall be located in a basement or on the first story of a building in the PCD-1 or PCD-2 subdistrict and the proposed amendments clarified the ambiguity between these two Sections of City Code and offered two options for consideration to address the conflict then spoke about the guiding principles of the Valley View Wooddale SAP that allowed flexible evolution of land uses in response to the market. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 7:42 p.m. Public Testimony Janey Westin, 6136 Brookview Avenue, addressed the Council. Nancy Stenson, 6629 Parkwood Road, addressed the Council. Daniel Eaton, 5712 Parkwood Lane, addressed the Council. Minutes/Edina City Council/September 5, 2023 Page 4 Jason Kaufman, 5231 Green Farms Road, addressed the Council. Member Jackson made a motion, seconded by Member Pierce, to close the public hearing at noon on September 11, 2023, and continue action on granting First Reading of Ordinance No. 2023-09 Regarding Multiresidential Land Uses in the PCD-1 and PCD-2, Planned Commercial Districts, to the September 19, 2023 meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. RESOLUTION NO. 2023-56; ACCEPTING DONATIONS – ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2023-56, accepting donations. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX.B. RESOLUTION 2023-53 AND ORDINANCE NO. 2023-15; PRELIMINARY REZONING (ORDINANCE AMENDMENT), SITE PLAN AND SUBDIVISION FOR 5100 EDEN AVENUE – ADOPTED Mr. Teague said The Opus Group was proposing to redevelop 5100 Eden Avenue. The specific proposal was to tear down the existing 38,000 square foot office building to build a seven story 136-unit apartment with retail on part of the first level. Ten percent of the units (14) would be provided for affordable housing of households making no more that 50% of the area median income. The project would also include 3,364 square feet of commercial/retail use including an out patio for the retail, a small public 3,500 s.f. park along Arcadia. The building would be constructed to meet the City’s Sustainable Buildings Policy. To accommodate the request, the applicant was requesting a Preliminary Site Plan and Subdivision/Replat and rezoning from POD-1, Planned Office District to PUD, Planned Unit Development. The PUD would ensure that the affordable housing was included within the project, and that the Sustainable Buildings Policy was met. In return for providing affordable housing and a building that met the Sustainable Buildings Policy, the applicant was requesting flexibility to the underlying POD standards including building height, building material, building transparency, first floor ceiling height, building setbacks on all sides, floor area ratio and building coverage. The PUD rezoning was the tool used by the City to ensure compliance with the sustainable building policy and ensure affordable housing. The Council asked questions and provided feedback. Jay Forniea, Opus Group, said the current retaining wall would be removed and the lobby created at grade of the sidewalk. He noted the lot line was close and the setback would be approximately 10 feet. Director of Engineering Millner shared that the removed retaining wall could be used in another location. City Attorney Kendall commented on how cities allowed for changes to site plan approval as a policy decision and how this request was not unusual. Member Agnew introduced and moved adoption of Resolution No. 2023-53 approving preliminary rezoning (zoning ordinance amendment), preliminary site plan and subdivision/replat for 5100 Eden Avenue and grant first reading of Ordinance No. 2023-15 Amending the Zoning Ordinance to Add Pud-25, Planned Unit Development-25, At 5146 Eden Avenue. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Hovland Nay: Risser Motion carried. Minutes/Edina City Council/September 5, 2023 Page 5 X. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received X.A. MINUTES: TRANSPORTATION COMMISSION, JUNE 15 AND JULY 20, 2023 MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, JULY 25, 2023 XI. MANAGER’S COMMENTS – Received XI.A. PREP MEMO SEPTEMBER 5, 2023 XII. MAYOR AND COUNCIL COMMENTS – Received XIII. ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 8:49 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, September 19, 2023. James B. Hovland, Mayor Video Copy of the September 5, 2023, meeting available.