Loading...
HomeMy WebLinkAbout2020-10-07 City CouncilPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL VIRTUAL MEETING OCTOBER 7, 2020 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:05 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 PRESENTED Member Brindle made a motion, seconded by Member Fischer, to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT Lori Grotz, 5513 Park Place, spoke about the need for transparency for the Street Task Force and how their October 12 meeting appeared to be in violation of the Governor’s executive order for in-person meetings and should be live streamed. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal reviewed Community Comments made from the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Staunton made a motion, seconded by Member Brindle, approving the consent agenda as amended removing Items VI.G., Resolution 2020-94; Electing to Participate in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act; VI.H. Adopt Resolution No. 2020-92; Final Rezoning, Final Site Plan Approval and Site Improvement Plan Agreement, 5132 and 5136-48 Hankerson Avenue; and, VI.L., Request for Purchase; City Hall Security Construction Improvements, as follows: VI.A. Approve minutes of the Work Session and Regular Meetings of September 15, 2020 VI.B. Approve payment claims for Check Register Claims Pre-List dated September 17- October 2 totaling $5,008,213.46 and credit card transactions dated July 28-August 25, 2020, totaling $29,737.52 VI.C. Adopt Resolution No. 2020-95; Authorizing Agreement with Driving While Intoxicated Officer Grant Program VI.D. Adopt Resolution No. 2020-96; Accepting MN Department of Labor and Industry Building Official Training Grant VI.E. Approve CARES Act Sub-Recipient Grant Agreement VI.F. Approve Amendment to Redevelopment Agreement with Orion 4500 France, LLC VI.G. Resolution 2020-94; Electing to Participate in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act Minutes/Edina City Council/October 7, 2020 Page 2 VI.H. Resolution No. 2020-92; Final Rezoning, Final Site Plan Approval and Site Improvement Plan Agreement, 5132 and 5136-48 Hankerson Avenue VI.I. Adopt Resolution No. 2020-93; Authorizing Amendment to Residential Recycling Grant Agreement with Hennepin County VI.J. Approve Traffic Safety Report of September 1, 2020 VI.K. Adopt Resolution No. 2020-89; Withdrawing Application for Alley Right-of-Way Easement Vacation at 5012 Bedford Avenue VI.L. Request for Purchase; City Hall Security Construction Improvements VI.M. Request for Purchase; awarding the bid to the recommended low bidder, Edina Aquatic Center Stair Tower Painting, Zintl for $27,400 VI.N. Request for Purchase; awarding the bid to the recommended low bidder, software and services, Active Network/Maximum Solutions for $23,400 VI.O. Approve Program Fund Agreement between Three Rivers Park District and the City for “Save the Summer” Programs VI.P. Approve Agreement with Itasca Marketing for Live Streaming Services at Braemar Arena VI.Q. Approve Facility Use Agreement between the City and Edina Independent School District for Use of the Hornets’ Nest VI.R. Request for Purchase; awarding the bid to the recommended low bidder, Weber Park Tennis Court Replacement, Bituminous Roadways Inc. for $58,246 VI.S. Request for Purchase; awarding the bid to the recommended low bidder, Highlands Park Hockey Lighting Replacement, Musco Sports Lighting for $41,000 VI.T. Request for Purchase; awarding the bid to the recommended low bidder, Engineering Services for Phase II SCADA Replacement, AE2S, Inc. for $236,400 VI.U. Adopt Resolution No. 2020-108; Appointing Election Judges for the November 3, 2020, General Election VI.V. Adopt Resolution No. 2020-107; Accepting Donations Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: VI.G. RESOLUTION 2020-94; ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - ADOPTED The Council asked questions regarding goals, reasons for support of this item, and the costs involved to reach the required life cycle figures. Affordable Housing Manager Hawkinson shared information regarding the need to re-enroll every 10 years in order to receive funding and the need for 1,804 new affordable housing units as approved with the Comprehensive Plan. She explained how the number of units was different than the goal number based on forecasted growth in the City and said the units could be separate and included in multi-family developments, based on density in areas where increased density and height were planned. The Council noted this was also part of the Housing Strategy Task Force’s direction and would be part of the larger solution then reiterated the importance of being part of this program. Member Anderson introduced and moved adoption of Resolution No. 2020-94 Electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. Member Brindle seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VI.H. RESOLUTION NO. 2020-92; FINAL REZONING, FINAL SITE PLAN APPROVAL AND SITE IMPROVEMENT PLAN AGREEMENT, 5132 AND 5136-48 HANKERSON AVENUE – ADOPTED Minutes/Edina City Council/October 7, 2020 Page 3 Member Anderson recused himself from consideration of this item due to a conflict of interest. Member Staunton introduced and moved adoption of Resolution No. 2020-92 approving Final Rezoning, Final Site Plan Approval and Site Improvement Plan Agreement, 5132 and 5136-48 Hankerson Avenue. Member Fischer seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Hovland Motion carried. Member Anderson returned to the meeting. VI.L. REQUEST FOR PURCHASE: CITY HALL SECURITY CONSTRUCTION IMPROVEMENTS – APPROVED The Council asked for more information about ballistics protection at City Hall. Manager Neal responded staff had engaged security professionals to include ballistics as part of the reception area and the Council dais would be considered at a future date. Member Anderson made a motion, seconded by Member Staunton, approving the request for purchase; awarding the bid to the recommended low bidder, City Hall Security Construction Improvements, Schreiber Mullaney Construction for $186,890. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. GIRL SCOUTS IS A FORCE FOR GOOD – PROCLAIMED Mayor Hovland read in full a proclamation to declare September 14-18, 2020 as Girl Scouts a Force for Good Week and shared how Girl Scouts across the country celebrated 108 years of this American tradition and contributions to the community. Anabelle Wolfson, third-grader and Brownie with Troop No. 18424 in Edina, accepted the proclamation and shared about the benefits of being a Girl Scout. Member Brindle made a motion, seconded by Member Fischer, approving the proclamation declaring Girl Scouts as a Force for Good. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII.B. CHAD EISCHENS COMPLETING LEAD ACADEMY AND EARNING A PUBLIC SECTOR SUPERVISOR CERTIFICATE – RECOGNIZED Park and Recreation Director Vetter spoke about the need for ongoing learning then congratulated Chad Eischens, General Manager at Braemar Field and Arena, for completion of the LEAD Academy through the League of Minnesota Cities (LMC) and Public Sector Supervisor Certificate. He said only six other city/county individuals had earned this certificate then shared a video from the LMC that congratulated Mr. Eischens. The Council congratulated Mr. Eischens for his accomplishments. VIII. PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2020-100: AQUATIC VEGETATION SPECIAL ASSESSMENT – CONTINUED TO OCTOBER 20, 2020 Water Resources Coordinator Wilson stated the City managed contracts for aeration and aquatic vegetation management services in Arrowhead Lake, Indianhead Lake, Lake Nancy, and Minnehaha Creek Mill Pond as requested by groups eligible for the service who then agreed to pay for the services by special assessment. Minutes/Edina City Council/October 7, 2020 Page 4 She explained the change to assessments this year then reviewed the property addresses and price per REU in the assessment roll that included Arrowhead Lake of 36 properties at 1.0 REU for $165.16 each; Indianhead Lake of 33 at 1.0 REU for $862.12 each; Lake Nancy of 20 at 1.0 REU for $52.03 each; and Mill Pond for 37 at 1.0 REU for $166.08 each, 16 at 0.66 REU for $109.61 each, and 8 at 0.33 REU for $54.81 each, all one-year assessments. She said each of the waterbodies was assessed a $30 administrative fee shared among property owners and that each assessment included costs for staff time to coordinate the services. Ms. Wilson said staff proposed a one-year assessment period for each special assessment per the City’s Special Assessments Policy. Mayor Hovland opened the public hearing at 8:09 p.m. Public Testimony No one appeared. Member Staunton made a motion, seconded by Member Fischer, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-100, Levying Special Assessments for Public Improvements – Aquatic Vegetation Special Assessment, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.B. RESOLUTION NO. 2020-102: WEED MOWING SPECIAL ASSESSMENT, IMPROVEMENT NO. WD-20 – CONTINUED TO OCTOBER 20, 2020 Assistant Director Parks & Natural Resources Swenson stated in the fall of 2019 and summer of 2020, the Parks & Recreation Maintenance Department cut weeds on 12 properties. The properties and cost associated with the use of a tractor and staff time to cut the weeds was provided and each cost should be assessed to the property owner for the payment to the City. Mayor Hovland opened the public hearing at 8:15 p.m. Public Testimony No one appeared. Member Brindle made a motion, seconded by Member Fischer, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-102, Levying Special Assessments for Improvement No. WD-20 Weed Mowing, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.C. RESOLUTION NO. 2020-103: TREE REMOVAL SPECIAL ASSESSMENT, IMPROVEMENT NO. TR-20 – CONTINUED TO OCTOBER 20, 2020 Mr. Swenson shared the list of properties that collectively had diseased elms removed in accordance with City Code. All property owners were first given an opportunity to remove the diseased tree(s) within a three-week period of time and if not removed the City contracted the removal and assessed the property owner. He said the property owners listed had the City contract removal of their trees in 2019 and 2020 and had the cost of removal or trimming assessed to their property which prevented the spread of tree diseases or is completed for safety. He said the two properties who chose to have the City contract removal or trimming of their trees totaled 9 and noted staff did not remove diseased trees from private property. Mayor Hovland opened the public hearing at 8:17 p.m. Minutes/Edina City Council/October 7, 2020 Page 5 Public Testimony No one appeared. Member Staunton made a motion, seconded by Member Fischer, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-103, Levying Special Assessments for Improvement No. TR-20 Tree Removal, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.D. RESOLUTION NO. 2020-106: GRANDVIEW BUSINESS DISTRICT MAINTENANCE SPECIAL ASSESSMENT, IMPROVEMENT G-20 – CONTINUED TO OCTOBER 20, 2020 Mr. Swenson reviewed all supporting documentation for each proposed assessment and noted all properties were notified per Minnesota State Statute. He explained the Grandview Business District maintenance assessment changed from $0.0019 per square foot in 2019 to $0.00617 per square foot in 2020 for total assessable costs of $2,871.48. The Council asked how this year’s assessment compared to prior years. Mr. Swenson responded the assessment was similar to the last three years but had decreased over the last 10 years. Mayor Hovland opened the public hearing at 8:22 p.m. Public Testimony No one appeared. Member Staunton made a motion, seconded by Councilmember Fischer, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-106, Levying Special Assessments for Public Improvements – Grandview Business District Maintenance Special Assessment, Improvement G-20, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.E. RESOLUTION NO. 2020-101: 50TH AND FRANCE MAINTENANCE DISTRICT SPECIAL ASSESSMENT, IMPROVEMENT M-20 – CONTINUED TO OCTOBER 20, 2020 Facility Manager Otten shared assessable costs of $345,983.53 with assessable square footage of 424,504 and proposed assessment of $0.815/square foot then shared the properties to be assessed which included 170 retail spaces. Mayor Hovland opened the public hearing at 8:29 p.m. Public Testimony No one appeared. Member Brindle made a motion, seconded by Member Fischer, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-101, Levying Special Assessments for Public Improvements – 50th and France Maintenance District Special Assessment, Improvement M-20, to the October 20, 2020 meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Minutes/Edina City Council/October 7, 2020 Page 6 VIII.F. RESOLUTION NO. 2020-97: CHOWEN PARK A AND B NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASESSMENT, IMPROVEMENT NO. BA-451 – CONTINUED TO OCTOBER 20, 2020 Director of Engineering Millner shared the project area map for reconstructed streets and objection emails. He stated resident surveys had a low turnout this year with 35 out of 400 residents received and said staff would review how to conduct surveys for future projects. He shared the area of reconstruction between France and Xerxes and that two 2 objections were received then reviewed the $1.8 million project costs with $6,991.34 per REU and $1,212.93 REU which was a 22% and 65% decrease respectively. Mayor Hovland opened the public hearing at 8:45 p.m. Public Testimony No one appeared. Member Fischer made a motion, seconded by Member Brindle, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-97, Levying Special Assessments, Chowen Park A & B Neighborhood Roadway Reconstruction – Improvement No. Ba-451 & A-279 for Public Improvements, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.G. RESOLUTION NO. 2020-98: INDIAN HILLS C NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-455 – CONTINUED TO OCTOBER 20, 2020 Mr. Millner shared the project cost of $293,200 which was a 22% decrease from the engineer’s estimate and totaled $11,484.25 per REU or 14% decrease from the estimate. He noted no written objections were filed. Mayor Hovland opened the public hearing at 8:41 p.m. Public Testimony No one appeared. Member Staunton made a motion, seconded by Member Brindle, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-98, Levying Special Assessments for Public Improvements, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.H. RESOLUTION NO. 2020-99: INDIAN HILLS B AND C NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-452 – CONTINUED TO AUGUST 20, 2020 Mr. Millner shared the project along Sally Lane and that three objections were received from 7009, 7020, and 7024 Sally Lane. He said 46% of project costs was $1,853,300 which was a 37% decrease from the engineer’s estimate and $885,173.07 assessment cost for a $10,057.64 per REU which was a 19% decrease from the estimated assessment then added Member Brindle had recused herself from the preliminary assessment as she lived within the project area. Mayor Hovland opened the public hearing at 7:45 p.m. Public Testimony No one appeared. Minutes/Edina City Council/October 7, 2020 Page 7 Member Brindle made a motion, seconded by Member Fischer, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-99, Levying Special Assessments for Public Improvements - Indian Hills B and C Neighborhood Roadway Reconstruction Special Assessment, Improvement No. BA-452, to the October 20 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.I. RESOLUTION NO. 2020-104: TODD PARK NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-454 – CONTINUED TO OCTOBER 20, 2020 Mr. Millner shared the project in the Todd Park E neighborhood totaled $320,700 or a 34% decrease from the engineer’s estimate and that assessment costs of $59,160.56 or $11,832.11 per REU were proposed which was a 1% decrease from the original estimate. Mayor Hovland opened the public hearing at 7:47 p.m. Public Testimony No one appeared. Member Fischer made a motion, seconded by Member Brindle, to extend public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-104, Levying Special Assessments for Public Improvements, Todd Park E Neighborhood Roadway Reconstruction – Improvement No. BA-454, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. The Council thanked staff for their good work on the infrastructure. VIII.J. RESOLUTION NO. 2020-105: APPEAL OF THE PLANNING COMMISSION’S APPROVAL FOR FIRST FLOOR HEIGHT AND FRONT YARD SETBACK VARIANCE, 4209 CROCKER AVENUE – CONTINUED TO OCTOBER 20, 2020 Assistant Planner Aaker stated this item was an appeal by a neighboring property owner of Planning Commission approval for variances to build a new home at 4209 Crocker Avenue. The application was for front yard and first-floor height variances as unanimously approved by the Planning Commission on March 11, 2020 and reaffirmed August 26, 2020. The hearing on August 26 was conducted given a change to the approved storm water management plan. The appellant was appealing the Planning Commission's August 26, 2020, application approval to the City Council and all plans for project remained the same, shared setbacks and no need for variances. Ms. Aaker explained the variance in detail and said the new requirements for an average setback was 56.9 feet then asked for a former 37-foot front yard setback. She noted some neighborhood homes were closer in setbacks then reviewed the March 2020 SWMP which included the underground storm water storage and impacts to allow for 8-foot ceilings and an elevated basement. Ms. Aaker said the applicants revised the plan that removed the underground storage in the back which was addressed through mitigation then shared the basement floor plan for a total of 2,143 square feet and 5,333 square feet overall. She explained the building height was within requirements then shared elevations and street views to show impacts then added the plan fit the Planning Commission findings and was appropriate for the size and scale of the lot and could even be larger. The Council spoke about how this area had been a gathering point for water and the underground storage containers would be removed and perform slightly better than the original plan. Mr. Bintner referred to the landlocked basin that collected from nearby properties including 4213 Crocker and explained how the plan met the requirements through the rain garden option instead with no net increase in impact and how while Minutes/Edina City Council/October 7, 2020 Page 8 the parcel proved additional challenges water impact did not have to be retained on one property but just could not increase the risk. Appellants Tim and Susan Gruidl, 4213 Crocker, shared an overview of the project to date, their review process, water issues in the Morningside neighborhood, and potential water impacts should this home construction occur as proposed. They stated the home was elevated and much larger, then shared photos of past water drainage events and voiced concerns about the setback not maintaining the essential character of the neighborhood as provided for in the Comprehensive Plan. They shared simulations of the proposed home and felt the design modifications could have been made. They then spoke about a recent gas leak, the building process during demolition, and how only a demolition permit had been issued but the applicants were doing grading and other work instead. They requested the City follow the established process. Applicants Brett and Sarah Brohl, 4209 Crocker, thanked the Council for its time then outlined their plan and shared that it seemed the first iteration of the plan purchased in 2019 had many design changes to meet the requirements including removal of the walkout. Mr. Brohl responded the change in stormwater management tubing was because he wanted a flat backyard, which did not change the storage capacity and the cost was significant. Mayor Hovland opened the public hearing at 9:34 p.m. Public Testimony Rod Scholl, 4217 West 42nd Street, addressed the Council. Member Fischer made a motion, seconded by Member Brindle, to extend the public hearing to noon on October 14, 2020, and continue final action on Resolution No. 2020-105, Approving a 2.6 Foot 1st Floor Height Variance and an 18.2 Foot Front Yard Setback Variance at 4209 Crocker Avenue, to the October 20, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. PARKS AND RECREATION COMMISSION’S RECOMMENDATION ON RENAMING GARDEN PARK – ACCEPTED Mr. Vetter shared the Council was asked to approve renaming of Garden Park to Yancey Park as part of the Race & Equity Work Plan. It was delegated to the Human Rights & Relations and Parks & Recreation Commissions to make a recommendation for Council consideration and the HRRC provided a recommendation memo to the PARC for the commission’s review. The memo requested PARC consider naming either Wooddale Park or Garden Park after the Yancey Family. The Commission found that Wooddale Park had a visible history being named after the Wooddale School, of which remnants were incorporated into the park design and there were many memorials, donations, and plaques throughout the park. The Commission found that Garden Park had a great naming ability because it currently is named after a subdivision and was a public park that would draw greater visibility. The Council noted the property was located in the Grandview area and asked if it was more appropriate to rename a site there instead due to the strong geographical tie to the area. The Council spoke about how to best educate the public on who the family was as well as renaming future streets or any future community center. Mr. Vetter said they reviewed other areas such as the senior center, library, and others, and while development potential could provide future opportunities, the Commission felt the park would bring the greatest visibility. Member Staunton made a motion, seconded by Member Brindle, to rename Garden Park to Yancey Park. Rollcall: Minutes/Edina City Council/October 7, 2020 Page 9 Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. X. CORRESPONDENCE - Received X.A. Mayor Hovland acknowledged the Council’s receipt of various correspondence. X.B. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) 1. MINUTES: HERITAGE PRESERVATION COMMISSION, AUGUST 17, 2020 2. MINUTES: TRANSPORTATION COMMISSION, AUGUST 20, 2020 3. MINUTES: PLANNING COMMISSION, SEPTEMBER 9, 2020 4. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, AUGUST 13, 2020 5. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, AUGUST 25, 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 Fischer made a motion, seconded by Member Staunton, to adjourn the meeting at 10:25 p.m. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, October 20, 2020. James B. Hovland, Mayor Video Copy of the October 7, 2020, meeting available.