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HomeMy WebLinkAbout2020-10-20 City CouncilPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL VIRTUAL MEETING OCTOBER 20, 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 AMENDED Member Anderson made a motion, seconded by Member Fischer, to approve the meeting agenda as amended to include Item VII.D. Recognition of City Attorney Knutson. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT Andy Brown 5512 Park Place, spoke about the upcoming demolition of the home at 5508 Park Place by LDK Builders and requested the Council consider a supreme court case and not allow drainage from this lot to go south onto his property. He then spoke about lot coverage concerns. 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 Fischer made a motion, seconded by Member Brindle, approving the consent agenda as amended removing Item VI.G, Resolution 2020-110; Approving Hennepin County Healthy Tree Canopy Grant Agreement, as follows: VI.A. Approve minutes of the Work Session and Regular Meetings of October 7, 2020 VI.B. Approve payment claims for Check Register Claims Pre-List dated October 8, 2020, totaling $984,667.50 and Check Register Claims dated October 16, 2020, totaling $1,687,913.33 VI.C. Adopt Ordinance No. 2020-13; Amending Chapter 18 of the City Code Fire Prevention and Protection VI.D. Approve First Amendment to Third Party Agreement with West Hennepin Affordable Housing Land Trust VI.E. Approve Updates to 50th and France Permit Parking Policy VI.F. Adopt Resolution No. 2020-109; Authorizing Amendment to the Budget Stabilization Fund VI.G. Resolution 2020-110; Approving Hennepin County Healthy Tree Canopy Grant Agreement VI.H. Request for Purchase; awarding the bid to the recommended low bidder, Emergency Heat Pump Repair, SVL Service Corporation for Emergency Heat Pump Repairs for $24,405 Minutes/Edina City Council/October 20, 2020 Page 2 VI.I. Approve Amendment to the Amended and Restated Declaration Nine Mile Village Townhouse Association VI.J. Set November 13, 2020, as Special Meeting Date to Canvass Election Returns VI.K. Adopt Resolution No. 2020-112; Accepting Donations Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: VI.G. RESOLUTION 2020-110; APPROVING HENNEPIN COUNTY HEALTHY TREE CANOPY GRANT AGREEMENT – ADOPTED The Council inquired about the two clauses included in the agreement that required establishment of a recycling program and confirmation of officers’ personal property tax payments. Attorney Knutson outlined officers included the City Council and City Manager. Attorney Swenson noted this was the fifth grant agreement adopted with no concerns. Forester Overholt provided a history of past grant requests that included ash tree inventories and how this $50,000 grant would complete inventory of all trees on City property and outline species, size, and condition rating for maintenance. Member Brindle 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 Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. COMMISSIONER JAN CALLISON UPDATE – RECEIVED District 6 Hennepin County Commissioner Callison updated the Council on COVID-19 statistics and the disproportionate number of cases and deaths based on population, race, homeless, and seniors then outlined the response and reported no large outbreaks had occurred in any public buildings. She reviewed the County’s $220 million CARES Act funding distribution to businesses, housing assistance, and Hennepin County Medical Center that included deferred property tax payments, masks, and testing then acknowledged the recent civil unrest as a result of the death of George Floyd and shared photos of destruction from the riots that totaled $5 million in county property damages and spoke about the need to reduce racial disparities. Commissioner Callison reviewed the 2021 budget that included a zero percent levy increase and unknowns about upcoming expenses in relation to COVID-19 then spoke about the upcoming 2020 general election. She thanked the Council and said it had been a pleasure to serve the residents of Edina for the past 12 years. The Council and Mr. Neal shared their thanks for Commissioner Callison’s service to Edina. VII.B. RUTH SCHMOLL DAY IN EDINA – PROCLAIMED Mayor Hovland read in full a proclamation to recognize longtime Edina Fire Department staff member Ruth Schmoll who would retire on October 30, 2020. Fire Chief Schmitz thanked Ms. Schmoll for her 45 years of service to the City. Member Fischer made a motion, seconded by Member Brindle, approving the proclamation declaring Ruth Schmoll Day in Edina. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Minutes/Edina City Council/October 20, 2020 Page 3 VII.C. EXTRA MILE DAY 2020 – PROCLAIMED Mayor Hovland read in full a proclamation to declare Extra Mile Day in Edina that highlighted how one person could make a difference in creating positive changes in America. Member Brindle made a motion, seconded by Member Staunton, approving the proclamation declaring Extra Mile Day 2020. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VII.D. RECOGNITION OF CITY ATTORNEY ROGER KNUTSON – PRESENTED The Council recognized City Attorney Knutson for his service to Edina and congratulated him on his upcoming retirement. Due to connection issues Mayor Hovland left the meeting at 8:02 p.m. and returned at 8:07 p.m. Member Brindle made a motion, seconded by Member Staunton, approving the proclamation recognizing City Attorney Roger Knutson. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII. PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2020-111: CERTIFICATION OF DELINQUENT UTILITIES, IMPROVEMENT NO. DU-20 – CONTINUED TO NOVEMBER 4, 2020 Financial Analyst Rich shared the proposed certification of delinquent utility bills of balances over $50 and delinquent 30 days or more. She said the certification would include an administrative fee and payments would be accepted through November 20 after which would be assessed at 6.5% interest for one year. Ms. Rich compared past assessments with this year of 432 properties that totaled $302,000. Mayor Hovland opened the public hearing at 8:11 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 28, 2020, and take final action on Resolution No. 2020-111 Certification of Delinquent Utilities, Improvement No. DU-20 at the November 4, 2020, meeting. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. The Council inquired about reasons residents left water bills unpaid. Finance Director Uram responded reasons varied year to year and that while late fees were waived this year already reasons were possibly due to COVID-19 impacts. IX. REPORTS/RECOMMENDATIONS IX.A. RESOLUTION NO. 2020-105: APPEAL OF THE PLANNING COMMISSION’S APPROVAL FOR FIRST FLOOR HEIGHT AND FRONT YARD SETBACK VARIANCE, 4209 CROCKER AVENUE – ADOPTED 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 Minutes/Edina City Council/October 20, 2020 Page 4 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 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 underground storm water storage and impacts. Ms. Aaker shared the revised plan that removed the underground storage which was instead addressed through mitigation then explained the building height was within requirements. She noted a public hearing was held at the last Council meeting with public input from the property owners and appellants. The Council confirmed that other than the front yard encroachment and elevation, the proposed home met all other aspects of the zoning code, would not exceed lot coverage, drainage changes to ponding met performance standards, and the proposed height of 32.6 feet was under the required 36.25 feet. The Council noted no practicable difficulty had been created by the property owner and while the proposed house was large, the lot was large enough to accommodate the home and the setback would not be different than the previous home and would retain the established neighborhood character. Member Anderson introduced and moved adoption of 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. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. IX.B. RESOLUTION NO. 2020-102: WEED MOWING SPECIAL ASSESSMENT, IMPROVEMENT NO. WD-20 – ADOPTED Assistant Director Parks & Natural Resources Swenson stated a public hearing was held on October 7 and closed October 14 for weed mowing special assessments and requested the Council adopt the proposed resolution. Member Staunton introduced and moved adoption of Resolution No. 2020-102 Levying Special Assessments for Improvement No. WD-20 Weed Mowing. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.C. RESOLUTION NO. 2020-103: TREE REMOVAL SPECIAL ASSESSMENT, IMPROVEMENT NO. TR-20 – ADOPTED Mr. Swenson stated a public hearing was held on October 7 and closed October 14 for tree removal special assessments and requested the Council adopt the proposed resolution. Member Brindle introduced and moved adoption of Resolution No. 2020-103 Levying Special Assessments for Improvement No. TR-20 Tree Removal. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.D. RESOLUTION NO. 2020-106: GRANDVIEW BUSINESS DISTRICT MAINTENANCE SPECIAL ASSESSMENT, IMPROVEMENT G-20 – ADOPTED Mr. Swenson stated a public hearing was held on October 7 and closed October 14 for Grandview Business District maintenance special assessments and requested the Council adopt the proposed resolution. Member Brindle introduced and moved adoption of Resolution No. 2020-106 Levying Special Assessments for Public Improvements - Grandview Business District Maintenance Special Assessment, Improvement G-20. Member Staunton seconded the motion. Minutes/Edina City Council/October 20, 2020 Page 5 Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.E. RESOLUTION NO. 2020-100: AQUATIC VEGETATION SPECIAL ASSESSMENT – ADOPTED Director of Engineering Millner stated a public hearing was held on October 7 and closed October 14 for aquatic vegetation special assessments and requested the Council adopt the proposed resolution. Member Brindle introduced and moved adoption of Resolution No. 2020-100 Levying Special Assessments for Public Improvements - Aquatic Vegetation Special Assessment. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.F. RESOLUTION NO. 2020-101: 50TH AND FRANCE MAINTENANCE DISTRICT SPECIAL ASSESSMENT, IMPROVEMENT M-20 – ADOPTED Mr. Millner stated a public hearing was held on October 7 and closed October 14 for 50th and France Maintenance District special assessments and requested the Council adopt the proposed resolution. Member Fischer introduced and moved adoption of Resolution No. 2020-101 Levying Special Assessments for Public Improvements - 50th and France Maintenance District Special Assessment, Improvement M-20. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.G. RESOLUTION NO. 2020-97: CHOWEN PARK A AND B NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASESSMENT, IMPROVEMENT NO. BA-451 – ADOPTED Mr. Millner stated a public hearing was held on October 7 and closed October 14 for Chowen Park A & B Neighborhood roadway reconstruction special assessments and requested the Council adopt the proposed resolution and confirmed the fence issue at 58th and Chowen would be addressed as part of this year’s project. Member Staunton introduced and moved adoption of Resolution No. 2020-97 Levying Special Assessments, Chowen Park A & B Neighborhood Roadway Reconstruction – Improvement No. BA-451 & A-279 for Public Improvements. Member Fischer seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.H. RESOLUTION NO. 2020-98: INDIAN HILLS C NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-455 – ADOPTED Mr. Millner stated a public hearing was held on October 7 and closed October 14 for the Indian Hills C Neighborhood roadway reconstruction special assessments and requested the Council adopt the proposed resolution. Member Staunton introduced and moved adoption of Resolution No. 2020-98 Levying Special Assessments for Public Improvements. Member Brindle seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Minutes/Edina City Council/October 20, 2020 Page 6 VIII.I. RESOLUTION NO. 2020-104: TODD PARK NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-454 – ADOPTED Mr. Millner stated a public hearing was held on October 7 and closed October 14 for the Todd Park E Neighborhood roadway reconstruction special assessments and requested the Council adopt the proposed resolution. Member Brindle introduced and moved adoption of Resolution No. 2020-104 Levying Special Assessments for Public Improvements, Todd Park E Neighborhood Roadway Reconstruction – Improvement No. BA-454. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.J. RESOLUTION NO. 2020-99: INDIAN HILLS B AND C NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-452 – ADOPTED Mr. Millner stated a public hearing was held on October 7 and closed October 14 for the Indian Hills B and C Neighborhood roadway reconstruction special assessments and requested the Council adopt the proposed resolution. Member Brindle introduced and moved adoption of Resolution No. 2020-99 Levying Special Assessments for Public Improvements - Indian Hills B and C Neighborhood Roadway Reconstruction Special Assessment, Improvement No. BA-452. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. VIII.K. RECONSIDERATION OF CARES ACT SPENDING PLAN – APPROVED Mr. Neal shared an update on the federal CARES Act local funding expenditures and programs and discussed M Health Fairview Southdale's request for $191,917 of the City's CARES Act appropriation. He reviewed the City’s federal CARES Act local funding received and implemented for Emergency Rental Assistance, Emergency Small Business Assistance, Community Testing Program, and Internal General Government Cost Reimbursement. He explained how the community testing program partnership with M Health Fairview Southdale Hospital had not occurred and how the $250,000 would be dedicated instead to Internal General Government Cost Reimbursement for items such as Personal Protective Equipment then referred to M Health Fairview’s request for $191,917 from the City’s CARES Act appropriation to help offset their extraordinary costs incurred due to the pandemic. Mr. Neal noted that despite receiving $14.8 million in CARES Act funds themselves, M Health estimated their lost revenue due to the pandemic to be well over $37 million then reviewed the City’s estimated revenue losses and Mayor Hovland’s request to review their request via a motion reconsider the matter. Mr. Neal shared concerns about changing the spending plan based on several reasons including covering the City’s own eligible expenses that benefited all taxpayers in the City and therefore did not recommend the Council reconsider the plan. The Council spoke about other cities who contributed to M Health as they saw the value of the hospital within their communities and said it was fortunate to have a regional hospital in the City as the largest employer and benefits of the resulting medical campus as well as other contributions such as the annual fireworks displays. They referred to M Health’s $153 million and while they received CARES funding had to lay off 900 employees from a use that was critical to the community. Mayor Hovland made a motion, seconded by Member Fischer, to reconsider the allocation of CARES Act Fund to Fairview Southdale in the amount of $250,000 for their operation. The Council spoke about the need for funding for the City as well and the importance of putting the dollars to good use, then commented on the differences with the other program aspects which provided funding Minutes/Edina City Council/October 20, 2020 Page 7 for small businesses and rental assistance for people who would not receive timely financial relief. The Council acknowledged that M Health already received $14 million. Discussion was held on the agreement for funding for testing only but how testing occurred through other avenues and the importance of supporting the hospital as the City’s front line against COVID-19. Rollcall: Ayes: Anderson, Fischer, Hovland Nays: Brindle, Staunton Motion carried. VIII.L. APPOINTMENT OF MR. DAVID KENDALL OF THE CAMPBELL KNUSTON LAW FIRM AS CITY ATTORNEY – CONFIRMED Mr. Neal shared Attorney Knutson would retire on October 30 after serving since 2007 and that as City Manager recommended the appointment of David Kendall of the Campbell Knutson law firm to the position. He shared Mr. Kendall’s favorable work with the City over the past three years and the benefits of continuity advantages with the well-known and respected firm. He shared the City last reviewed options for legal representation 13 years ago and said a formal examination and competitive Request for Proposal selection process for this service would be held during the first quarter of 2021. The Council shared their confidence in Mr. Kendall and supported the recommendation. Member Brindle made a motion, seconded by Member Staunton, to confirm the appointment of Mr. David Kendall to the position of Edina City Attorney effective October 31, 2020. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. X. CORRESPONDENCE AND PETITIONS - Received X.A. PETITION FOR IMPROVEMENTS TO BRAEMAR ARENA – ACCEPTED The Council spoke about the quasi-committee formed to address Braemar Arena’s deferred maintenance issues, the extended use of the facility, and how the arena branded the City. Mr. Vetter spoke about the need to address both short-term and long-term maintenance items and concurred with the petition. Member Anderson made a motion, seconded by Member Fischer, to accept the petition for improvements to Braemar Arena. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. X.B. CORRESPONDENCE Mayor Hovland acknowledged the Council’s receipt of various correspondence. X.C. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) 1. MINUTES: COMMUNITY HEALTH COMMISSION, JULY AND AUGUST 2020 2. MINUTES: PARKS & RECREATION COMMISSION, SEPTEMBER 8, 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 Minutes/Edina City Council/October 20, 2020 Page 8 XV. ADJOURNMENT Member Brindle made a motion, seconded by Member Fischer, to adjourn the meeting at 9:17 p.m. Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, November 4, 2020. James B. Hovland, Mayor Video Copy of the October 20, 2020, meeting available.