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HomeMy WebLinkAbout2020-07-21 City Council MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL VIRTUAL MEETING JULY 21, 2020 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 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 requested postponement of Items VIII.B. and VIII.D. regarding Duggan Plaza to August 18. Member Brindle made a motion, seconded by Member Fischer, to table Items VIII.B. Resolution No. 2020-77, Approving Drainage Right-Of-Way Easement Vacation At Duggan Plaza; and, VIII.D. Resolution 2020-71 Authorizing the Sale of City-Owned Land to the Edina Housing Foundation, to the August 18, 2020, Council meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Member Anderson made a motion, seconded by Member Fischer, to approve the meeting agenda as amended. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT Peter Tselepis, 5101 Abercrombie Drive, addressed the Council Andy Brown, 5512 Park Place, addressed the Council. Marta Karwowski, 5101 Danen’s Drive, addressed the Council. Richard Strong, 6112 St. John’s Avenue, addressed the Council. 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 Staunton made a motion, seconded by Member Fischer, approving the consent agenda as amended to remove Items VI.I., VI.L., VI.M., and VI.N.: VI.A. Approve minutes of the Work Session and Regular Meetings June 16; Special Meetings June 29 and July 8, 2020 Minutes/Edina City Council/July 21, 2020 Page 2 VI.B. Approve payment claims for Check Register Claims Pre-List dated June 18-July 16, 2020, totaling $6,385,093.57, Credit Card Transactions dated March 26-April 27, 2020, totaling $37,731.58, and Credit Card Transactions dated April 28-May 25, 2020, totaling $40,881.39 VI.C. Adopt Resolution No. 2020-73; Extending Temporary Waiver of Utility Billing Late Fees VI.D. Request for Purchase; awarding the bid to the recommended low bidder, SCADA software and licensing with Wonderware for $68,863 VI.E. Request for Purchase; awarding the bid to the recommended low bidder, 2020 Pavement Rejuvenation project to Corrective Asphalt Materials, LLC, for $98,191.08 VI.F. Request for Purchase; awarding the bid to the recommended low bidder, Benton Avenue Bridge Rehabilitation to Global Specialty Contractors, Inc. for $778,660.85 VI.G. Request for Purchase; awarding the bid to the recommended low bidder, Benton Avenue Bridge Rehabilitation Construction Services for $47,000 and a Design Service Change Order of $25,000 for a total of $72,000 with Bolton & Menk VI.H. Request for Purchase; awarding the bid to the recommended low bidder, Engineering Services for Utility and Park Building Energy Management Plans with Oertel Architects for $31,500 VI.I. Rosland Park Stormwater Filtration Vault Project VI.J. Adopt Resolution No. 2020-72; Accepting Underground Utilities and Sidewalk for Lincoln Drive Residences VI.K. Approve Revised Conservation and Sustainability Fund Policy VI.L. Proposed Spending Plan for Federal CARES Act Local Funding VI.M. Additional Funding for Small Business Emergency Assistance Program VI.N. Additional Emergency Rental Assistance Funding for VEAP in Response to COVID-19 VI.O. Approving Closing Documents for Amundson Flats VI.P. Approve Site Improvement Plan Agreement and Easement Agreement for Amundson Flats VI.Q. Approve Change to Human Rights and Relations Commission Work Plan VI.R. Approve Council Meeting Date Change for October VI.N. Adopt Resolution No. 2020-75; Accepting Donations Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. ITEMS REMOVED FROM CONSENT AGENDA: VI.I. ROSLAND PARK STORMWATER FILTRATION VAULT PROJECT – APPROVED The Council shared concerns from residents of Lake Otto unable to speak at the watershed district meeting, technical issues of drawing water down, and the need for assurances the project did not have negative impacts upstream. Engineering Director Millner explained the drawdown of Lake Otto was three inches lower and used to treat more stormwater. He encouraged residents to contact staff to review technical questions further. Member Fischer made a motion, seconded by Member Brindle, to accept staff memo with Council approval to happen at a future Council meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VI.L. PROPOSED SPENDING PLAN FOR FEDERAL CARES ACT LOCAL FUNDING – APPROVED Mr. Neal explained CARES Act funding received that totaled $3.985 million and described plans to put it toward eligible expenses to provide benefit to the community. The Council spoke about M Health’s significant benefit to the community and their support of a community testing program then suggested possible funding allocation to the health care facility due to budget deficits from the lack of elective Minutes/Edina City Council/July 21, 2020 Page 3 procedures. The Council discussed the need for more information regarding M Health’s other funding sources prior to any delegation. VI.M. ADDITIONAL FUNDING FOR SMALL BUSINESS EMERGENCY ASSISTANCE PROGRAM - APPROVED VI.N. ADDITIONAL EMERGENCY RENTAL ASSISTANCE FUNDING FOR VEAP IN RESPONSE TO COVID-19 - APPROVED Member Anderson made a motion, seconded by Member Fischer, to approve proposed spending plan for Federal CARES Act Local Funding, additional funding for Small Business Emergency Assistance Program, and additional Emergency Rental Assistance funding for VEAP in response to COVID-19. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. HUMAN RIGHTS AND RELATIONS COMMISSION 50TH ANNIVERSARY – PROCLAIMED Mayor Hovland read in full a proclamation for the Human Rights & Relations Commission’s celebration of its 50th anniversary. Member Brindle made a motion, seconded by Member Fischer, approving the proclamation recognizing the Human Rights and Relations Commission’s 50th anniversary in the City of Edina. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. HRRC Vice Chair Epstein accepted the proclamation then thanked the Council and members over the past 50 years as well as the Race and Equity Taskforce. He noted this work was ahead of its time and needed more than ever. He then spoke about the amended work plan that included a community forum. VIII. PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2020-76; APPROVING DRAINAGE RIGHT-OF-WAY EASEMENT VACATION AT 6000 FOX MEADOW LANE – CONTINUED TO AUGUST 5, 2020 Mr. Millner stated Jennifer Cates of Cates Fine Homes had applied for a vacation of drainage easements of the right-of-way easement at 6000 Fox Meadow Lane and that vacation would be contingent upon creation of new drainage easements. Mayor Hovland opened the public hearing at 8:03 p.m. Public Testimony No one appeared. Member Brindle moved to extend the public hearing to noon on July 29, 2020 and continue final action on Resolution No. 2020-76 vacating drainage and utility easement, 6000 Fox Meadow Lane, to the August 5, 2020 meeting. Member Anderson seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.B. RESOLUTION NO. 2020-77; APPROVING DRAINAGE RIGHT-OF-WAY EASEMENT VACATION AT DUGGAN PLAZA – TABLED TO AUGUST 18, 2020 VIII.C. RESOLUTION NO. 2020-77; APPROVING DRAINAGE RIGHT-OF-WAY EASEMENT VACATION AT 4805 SUNNYSLOPE ROAD – CONTINUED TO AUGUST 5, 2020 Minutes/Edina City Council/July 21, 2020 Page 4 Mr. Millner stated David Berglund had applied for a vacation of the drainage easements of the right-of- way easement at 4805 Sunnyslope Road and that vacation would be contingent upon the creation of new drainage easements. Mayor Hovland opened the public hearing at 8:10 p.m. Public Testimony Stephen Snyder, 4804 East Sunnyslope Road, addressed the Council. Member Brindle moved to extend the public hearing to noon on July 29, 2020 and continue final action on Resolution No. 2020-78 vacating drainage and utility easement, 4805 Sunnyslope Road West, to the August 5, 2020 meeting. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.D. RESOLUTION 2020-71 AUTHORIZING THE SALE OF CITY-OWNED LAND TO THE EDINA HOUSING FOUNDATION – TABLED TO AUGUST 18, 2020 VIII.E. ORDINANCE NO. 2020-09 FIRST READING OF A ZONING ORDINANCE AMENDMENT ALLOWING TAPROOMS, WINERIES, DISTILLERIES AND COCKTAIL ROOMS IN THE POD-2, PLANNED OFFICE DISTRICT – FIRST READING GRANTED Community Development Director 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. The Council shared support for expansion of this use but noted concerns about parking spilling into the broader industrial area. Mr. Teague confirmed parking would be sufficient based on office use higher parking requirements. Eric Anderson, City Center Realty Partners, explained building renovations and plans for 10-12 tenants, how a distillery would be unique for both tenants and the community, and parking concerns were addressed through negotiations with the existing distillery. Mayor Hovland opened the public hearing at 8:25 p.m. Public Testimony No one appeared. Member Anderson made a motion to grant First Reading of Ordinance No. 2020-09 Amending Chapter 36 of the Edina City Code regarding distilleries in the POD-2, Planned Office District 2 and schedule final action on August 5, 2020. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.F. RESOLUTION 2020-74 CONDITIONAL USE PERMIT WITH VARIANCES – 4425 VALLEY VIEW ROAD – CONTINUED TO AUGUST 5, 2020 Mr. Teague stated the Planning Commission recommended approval of the request for a conditional use permit with variances with the added condition requiring physical protection to the bike lane from vehicles Minutes/Edina City Council/July 21, 2020 Page 5 in Valley View Road. He said the applicant 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 is consistent with the Comprehensive Plan/Small Area Plan and the request included a Conditional Use Permit to allow residential uses within a planned commercial zoning district, building height variance from 2 stories to 3 stories, front setback variance from 36 feet to 16 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. Mr. Teague spoke about the added condition for a physical barrier between the traffic and bike lane and staff concerns that a barrier was not possible. The Council shared concerns about the wetland proximity, if stormwater would be used for irrigation, and the possibility of zoning amendments to eliminate need for variances if Small Area Plan criteria were met. Mr. Miller said water quality would be better and staff had no concerns with the wetland because of the emergency overflow nearby. Michael Margulies, applicant, spoke about the project and the neighbor’s support and adherence to the SAP and Planning Commission concern addressed through the traffic report. Dean Dovolis, applicant, explained the project’s amenities, lower-level units’ street access, enclosed and sufficient parking achieved through tandem spaces, then confirmed they would review recirculating stormwater for irrigation. The Council reviewed delivery drop off and possibility of changing lobby location to the driveway side, guest parking, and vent noise. Mr. Dovolis responded their goal was to bring pedestrians closer to the center of the neighborhood and described how deliveries had access to rear of building. He then explained the ventilation systems would face east against other buildings and directed away to reduce noise impacts. Mayor Hovland opened the public hearing at 8:51 p.m. Public Testimony No one appeared. Member Fischer moved to extend the public hearing to noon on July 29, 2020 and continue final action on Resolution No. 2020-74, approving a conditional use permit with variances to build a 21-unit apartment at 4425 Valley View Road, to the August 5, 2020 meeting. Member Brindle seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. RESOLUTION NO. 2020-60; VARIANCE APPEAL FOR 4248 ALDEN DRIVE - ADOPTED Assistant Planner Aaker stated an appeal had been received to the 18.6-foot front yard setback variance to the required front yard setback along Morningside Road at 4248 Alden Drive to construct a new home. She explained the appeal process with the opportunity for comment that concluded July 15, 2020. The Council spoke about public input received and how it would not support the variance because the garage faced Alden Drive and was too big of a character change for the neighborhood. The Council also spoke about the dominance of the home that did not fit in keeping with the Morningside neighborhood and while a variance would be needed for any home, there were other designs that fit better. Member Brindle introduced and moved adoption of Resolution No. 2020-60 denying the 18.6- foot front yard setback variance to the required front yard setback along Morningside Road at 4248 Alden Drive. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland. Motion carried. Minutes/Edina City Council/July 21, 2020 Page 6 IX.B. ORDINANCE NO. 2020-04; ESTABLISHING THE PUD ZONING DISTRICT – GRANTED FIRST READING – RESOLUTION NOS. 2020-62 AND 2020-64; COMPREHENSIVE PLAN AMENDMENT AND PRELIMINARY REZONING FOR 5132 AND 5136-48 HANKERSON AVENUE FOR DONNAY HOMES – ADOPTED Member Anderson recused himself from consideration of this item. Mr. Teague stated Donnay Homes, Inc., was proposing to redevelop the property at the corner of Hankerson Avenue and 52nd Street West. The proposal was to tear down the existing two-story four-unit apartment at 5136-48 Hankerson and the single-family home at 5132 Hankerson, and build two four unit, two and a half-story townhomes. The applicant had revised their original plans by eliminating two units out of the project and proposed two separate 4-unit buildings to create more green space and preserve trees on the south side of the property. The revisions changed the previous request from a high-density designation to medium density. The Council confirmed no changes had occurred since the previous presentation then spoke about density as single family attached and the need for this housing type in the community. The Council spoke about marginal increases in density and infrastructure throughout the City and how everyone shared the cost based on the number of units. The Council stated this project was a middle ground and noted the need to be respectful to neighborhood. The Council commented on connectivity to Vernon, height concerns early on, and the good price point of the units. Member Brindle made a motion to Grant First reading of Ordinance No. 2020-04 amending the Zoning Ordinance to establish the PUD-20, Planned Unit Development-20 Zoning District; introduced and moved adoption of Resolution No. 2020-63 approving a Comprehensive Plan Amendment to re-guide 5132 and 5136-48 Hankerson Avenue from Low Density Attached to Medium Density Attached; and, introduced and moved adoption of Resolution No. 2020-64 approving Preliminary Rezoning from R-1, Single Dwelling Unit District to PUD, Planned Residential District and Preliminary Site Plan Approval at 5132 and 5136-48 Hankerson Avenue. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Hovland Motion carried. Member Anderson returned to the meeting. IX.C. RESOLUTION NO. 2020-65; PARKING STALL VARIANCE AND SITE PLAN FOR M HEALTH AT 6401 FRANCE AVENUE – ADOPTED Mr. Teague stated M Health Fairview was requesting a parking stall variance to construct a two-story addition above the existing 2nd floor of the Fairview Southdale Hospital. The new construction would add approximately 38,206 square feet at the north side of the hospital facing the Crosstown Highway. The addition would be 52 additional inpatient rooms on the new 3rd and 4th floors and with future renovation focused on the hospital’s movement from semi-private patient rooms (doubles) toward single patient rooms. He said there were no anticipated increase in staffing or number of beds to the hospital and no modifications to the footprint of the existing building or to the site plan. Member Fischer introduced and moved adoption of Resolution No. 2020-65 approving a parking stall variance and site plan amendment at 6401 France Avenue for M Health. Member Brindle seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX.D. RESOLUTION NO. 2020-66; SUBDIVISION WITH VARIANCES AT 5928 ABBOT AVENUE SOUTH FOR SECOND STORY BUILD – ADOPTED Minutes/Edina City Council/July 21, 2020 Page 7 Mr. Teague stated Second Story Build was requesting a subdivision with variances at 5928 Abbott Avenue. The existing home on the lot would be torn down and two new homes built on the new parcels. Both lots would gain access off Abbott Avenue and this lot was originally platted as two lots. The applicants were proposing to restore the original plat and would require a subdivision, lot width variances from 75 feet to 49.8 feet for both lots, lot area variances from 9,000 square feet to 6,391 and 6,331 square feet, and lot depth from 135 feet to 127 feet for both lots. Member Staunton introduced and moved adoption of Resolution No. 2020-66 approving Preliminary and Final Plat with variances at 5928 Abbott. Member Anderson seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX.E. REQUEST FOR PURCHASE; 2020 PEDESTRIAN AND BICYCLE IMPROVEMENTS – APPROVED Mr. Millner outlined the request for purchase for 2020 Pedestrian, Bicycle and Intersection Improvements with Pember Companies, Inc., for $358,408.85. He outlined the sidewalk, shared use path and intersection improvements proposed at Tracy Avenue near Highway 62, Valley View Road at Creek Valley Road, and Gleason Road at McCauley Trail and the need to try one solution to address concerns and recommended award of all four project locations. The Council spoke about the Creek Valley proposed realignment and how northbound Valley View Road was tight but southbound being dangerous for turning onto Creek Valley Road. The Council discussed concerns with snow and refreeze in the area because of the grade, school bus stop at Creek Valley Road, congestion, and how this would not address speed concerns overall. Mr. Millner spoke about resident concerns related to property impacts such as driveways, grass, the public walking in their front yards, and that removal of the sidewalk would result in no access for pedestrians on the west side of Valley View Road. It was suggested to award the sidewalk portion only of the project if the Council had concerns with the realignment. Member Anderson made a motion, seconded by Member Fischer, to approve Request for Purchase; awarding the bid to the recommended low bidder, 2020 Pedestrian, Bicycle and Intersection Improvements with Pember Companies, Inc., for $358,408.85 without the realignment of Creek Valley Road. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. X. CORRESPONDENCE AND PETITIONS X.A. CORRESPONDENCE – Received Mayor Hovland acknowledged the Council’s receipt of various correspondence. X.B. PETITION FOR ALL-WAY STOP AT WEST 57TH STREET AND BEARD AVENUE - Received Mr. Millner requested the Council receive the resident petition for an all-way stop at the intersection of West 57th Street and Beard Avenue and forward to the Engineering Department for consideration. Member Staunton made a motion, seconded by Member Brindle, to accept and forward a petition for an all-way stop at West 57th Street and Beard Avenue to the Engineering Department. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. X.C. PETITION TO PRESERVE CREEK VALLEY/VALLEY VIEW ROAD INTERSECTION – Received Minutes/Edina City Council/July 21, 2020 Page 8 Mr. Millner requested the Council receive the resident petition to preserve and not modify entrance to Creek Valley Road, as previously petitioned and planned, but extend sidewalk to Creek Valley Road. Member Brindle made a motion, seconded by Member Fischer, to accept a petition to preserve and not modify entrance to Creek Valley Road and extend sidewalk to Creek Valley Road. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. X.D. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) 1. MINUTES: TRANSPORTATION COMMISSION, FEBRUARY 20, 2020 2. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, FEBRUARY 24, 2020 3. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, MARCH 12, 2020 4. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, JUNE 11, 2020 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 Brindle, to adjourn the meeting at 10:33 p.m. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, August 5, 2020. James B. Hovland, Mayor Video Copy of the July 21, 2020, meeting available.