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Home My WebLink About2019-11-19 City Council Regular MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 19, 2019 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m. 11. ROLLCALL Answering rollcall were Members Anderson, Brindle, Fischer, Hovland. Absent: Member Staunton. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Brindle made a motion, seconded by Member Fischer, to approve the meeting agenda as presented. Ayes: Anderson, Brindle, Fischer, Hovland Motion carried. V.A. COMMUNITY COMMENT Rick Cousins, 5412 York Avenue South, addressed the Council. Janet Kitui, 7201 York Avenue South, #519, addressed the Council. Roberta Castellano, 4854 France Avenue South, addressed the Council. Keith Friede, 5041 William Avenue, addressed the Council. Frank Lorenz, 7151 York Avenue South, addressed the Council. V.B. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to past Community Comments. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Anderson made a motion, seconded by Member Fischer, approving the consent agenda as revised to remove Item VI.P, Resolution No. 2019-101; Cancelling Public Improvement Hearing for Melody Lake A and Grandview A Neighborhood Roadway Reconstruction, as follows: VI.A. Approve minutes of the October 29, 2019, Virtual Town Hall and November 6, 2019, Work Session and Regular Meeting VI.B. Approve payment claims for check register claims pre-list dated November 7-14, 2019 totaling $1,899,023.89 and electronic payment register dated November 7-14, 2019, totaling $251,058.03 VI.C. Adopt Ordinance No. 2019-15; Amending City Code Chapters 2 and 20 Fees and Organics Recycling VI.D. Approve Citywide Recycling Contract VI.E. Adopt Resolution No. 2019-102; Setting Polling Locations for Edina VI.F. Approve Change of Officers for Galleria Hotel LLC dba Westin Edina Galleria's Liquor License VI.G. Approve Easement and Maintenance Agreement with Edina Market Street, LLC Page 1 Minutes/Edina City Council/November 19, 2019 VI.H. Approve Joint Powers Agreement with the City of Richfield VI.I. Adopt Resolution No. 2019-103; Requesting Variance from State Aid Standards for West 58th Street from Wooddale Avenue to Xerxes Avenue VI.J. Approve Request for Purchase, awarding the bid to the recommended low bidder, ESRI GIS Enterprise License Agreement, Environmental Systems Research Institute, Inc., $124,671.00 VI.K. Approve Request for Purchase, awarding the bid to the recommended low bidder, Multi-Use Vehicle for Maintenance of 50th and France Area, Cushman Motors, $34,603 VI.L. Approve Request for Purchase, awarding the bid to the recommended low bidder, Four Water Tower Mixers, Medora Corporation, $34,320.00 VI.M. Approve Request for Purchase, awarding the bid to the recommended low bidder, Wells No. 13 and 16 Rehabilitation, Keys Well Drilling, $39,530 VI.N. Approve Request for Purchase, awarding the bid to the recommended low bidder, Audit Services, CliftonLarsonAllen LLP for a five-year term, $243,130 VI.O. Approve Memorandum of Understanding with Hennepin County for Maintenance of Donated Bench VI.Q. Approve Access Easement Agreement with Doran-KM2 Edina, LLC VI.R. Approve Revised Site Improvement Plan Agreement for 3650 Hazelton Road, Guitar Center Site VI.S. Adopt Resolution No. 2019-105; Rescheduling Public Hearing Date for Amundson Avenue Tax Increment Financing District Rollcall: Anderson, Anderson, Brindle, Fischer, Hovland Motion carried. VI.P. RESOLUTION NO. 2019-101; CANCELLING PUBLIC IMPROVEMENT HEARING FOR MELODY LAKE A AND GRANDVIEW A NEIGHBORHOOD ROADWAY RECONSTRUCTION — ADOPTED The Council asked staff to explain the public improvement hearing cancelation request. Engineering Director Millner said a petition had not been received but the project was on the agenda to hear resident concerns and request to delay the project until 2021 in order to merge it with another neighborhood project to the south and avoid construction impacts for two years. Member Brindle introduced and moved adoption of Resolution No. 2019-101, Cancelling Public Improvement Hearing for Melody Lake A and Grandview A Neighborhood Roadway Reconstruction. Member Fischer seconded the motion. Ayes: Anderson, Brindle, Fischer, Hovland Motion carried. VII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VII.A. RESOLUTION NO. 2019-91, PRELIMINARY AND FINAL PLAT FOR SOUTHDALE OFFICE CENTER, 6600 FRANCE AVENUE — ADOPTED Community Development Director Teague shared that Wildamere Capital Management, on behalf of the Southdale Office Partners, LLC, was requesting a subdivision to create a new lot for the recently constructed Bank of America, located at the north west corner of 69th Street and France Avenue. He stated there was no proposed development associated with this request and the purpose of the request was simply to create a separate lot for the existing Bank of America. Mr. Teague explained that because the property was never platted, the City had the authority to collect park dedication fees but in 1957, former owners of this property, Dayton's and the Southdale Realty Company, gifted the City 24.2 acres of land and 10.4 acres of land was sold to the City for $50,000 for what became Rosland Park. He explained while this gift was not considered park dedication as part of any platting process, it was a significant contribution to the City's park system by the previous land owner. The proposal was simply to divide off a separate parcel for Bank of America and Statute required park dedication fees must bear a rough Page 2 Minutes/Edina City Council/November 19, 2019 proportionality to the need created by the proposed subdivision. Since the subdivision would not result in any new development, it would not create any additional need for parks and provided an argument for the Council to waive the park dedication fee. The Council asked for an estimate of the waived park dedication fee. Mr. Teague replied the fee would be $159,537.00 and any future development where a new lot or building would be created would require park dedication fees at that time. The Council spoke about the possibility of precedent for request to waive future park dedication fees. City Attorney Knutson advised Statutes and ordinances could change but noted the City would be applying the law as it was today and with no new development, it was not appropriate to charge park dedication fees at this time. Shawn Smith, Vice President Wildamere Capital Management, LLC, shared they were available for questions. Mayor Hovland opened the public hearing at 7:37 p.m. Public Testimony No one appeared. Member Brindle made a motion, seconded by Member Fischer, to close the public hearing. Ayes: Anderson, Brindle, Fischer, Hovland Motion carried. Member Fischer introduced and moved adoption of Resolution No. 2019-91 Approving a Preliminary & Final Plat at 6600 France Avenue subject to a condition that park dedication fee of $159,537 shall be paid at the time the City releases the final plat. Member Brindle seconded the motion. The Council asked about the motion subject to the condition of park dedication and suggested the action be taken in two motions, one to waive park dedication fees and the other to adopt the resolution. Mr. Teague clarified that the Council could remove the amount from the resolution and the applicant pay no park dedication fee at this time or the Council could delete the proposed condition. Manager Neal explained the reason an amount had been included was because staff felt a park dedication fee could be collected but upon additional research, discovered the City could not. He suggested amending the motion by deleting text after "plat" and removing the condition in its entirety. The Council confirmed the motion would not preclude future park dedication being paid and the motioner and seconder accepted the friendly amendment to delete the proposed condition. Rollcall: Ayes: Anderson, Brindle, Fischer, Hovland Motion carried. VIII. CORRESPONDENCE AND PETITIONS MELODY LAKES NEIGHBORHOOD STREET RECONSTRUCTION PETITION — RECEIVED Mr. Millner explained the Melody Lakes Neighborhood petition was submitted to Council at the November 6, 2019 Council meeting which requested that Council consider combining the Melody Lakes road construction project into one year starting in 2021. He noted that adoption of Resolution No. 2019- 101 cancelled the December 9, 2019, public hearing and scheduled the project for 2021. Member Fischer made a motion, seconded by Member Brindle, to receive the Melody Lakes Page 3 Minutes/Edina City Council/November 19, 2019 Neighborhood Street Reconstruction Petition and forward it to the Engineering Department for consideration. Ayes: Anderson, Brindle, Fischer, Hovland Motion carried. VIII.B. PROSPECT KNOLLS A NEIGHBORHOOD STREET RECONSTRUCTION PETITION — RECEIVED Mr. Millner stated petitioners were requesting that Prospect Knolls A be removed from the planned reconstruction effort scheduled for summer 2020 and instead be maintained through an effective mill and overlay procedure. Member Anderson made a motion, seconded by Member Fischer, to receive the Prospect Knolls A Neighborhood Street Reconstruction Petition and forward it to the Engineering Department for consideration. Ayes: Anderson, Brindle, Fischer, Hovland Motion carried. VIII.C. CORRESPONDENCE - Received Mayor Hovland acknowledged the Council's receipt of various correspondence. VIII.D. MINUTES — Received I. ARTS AND CULTURE COMMISSION, JUNE 28, 2018 — SEPTEMBER 26, 2019 2. COMMUNITY HEALTH COMMISSION, JULY 8, AUGUST 5, SEPTEMBER 9, 2019 3. PARKS AND RECREATION COMMISSION, OCTOBER 7, 2019 4. ENERGY AND ENVIRONMENT COMMISSION, OCTOBER 10, 2019 Informational; no action required. IX. AVIATION NOISE UPDATE — Received X MAYOR AND COUNCIL COMMENTS — Received XI. MANAGER'S COMMENTS — Received XI.A. VIRTUAL TOWN HALL DEBRIEF Mr. Neal shared a virtual town hall debrief with the Council. XII. CITY COUNCIL UPCOMING MEETINGS AND EVENTS — Received XIII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovlan2 at 7:59 p.m. Respectfully submitted, 1010, iharint111 rCity Clerk e meeting adjourned Minutes approved by Edina City Council, December 3, 2019. ames B. Hovland, Mayor Video Copy of the November 19, 2019, meeting available. Page 4