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HomeMy WebLinkAbout2021-12-07 City Council Regular MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MEETING DECEMBER 7, 2021 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:01 p.m. then shared the procedure for public hearing and community comment in the hybrid meeting format. II. ROLLCALL Answering rollcall were Members Anderson, Jackson, Pierce, Staunton, Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Staunton made a motion, seconded by Member Anderson, to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. V. COMMUNITY COMMENT The Council shared comments on the recent public safety challenges. Lieutenant White shared strategies to help combat the increase in crime in Edina that included assistance from the community by locking doors and vehicles, partnerships with community members, and building community trust. He spoke about increased patrols and data analysis that was focused on where the trends were occurring. David Frenkel, 4510 Lakeview Drive, shared that MnDOT had stated the two pedestrian bridges over Highway 100 between Benton and Eden Avenues were not ADA-compliant and needed to be address as part of Edina’s reconnecting the City discussion. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to Community Comments from the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Staunton made a motion, seconded by Member Jackson approving the consent agenda as amended, removing Items VI.D., Ordinance No. 2021-16; Amending Chapter 2 of the City Code, Setting Fees for 2022, and VI.L, Request for Purchase; Public Safety Software from Tyler Technologies: VI.A. Approve minutes of the Work Session and Regular Meetings of November 16, 2021 VI.B. Approve Claims for Payment for Check Register Claims Pre-List Dated November 19, 2021, totaling $ 1,378,752.15, Pre-List Dated November 24, 2021, totaling $ 420,996.93, Pre-List Dated November 16, 2021, totaling $ 1,074,422.59, and Pre-List Dated December 3, 2021, totaling $ 1,620,641.03 VI.C. Request for Purchase; Well Nos. 2 and 12 Rehabilitation, awarding the bid to the recommended low bidder, E.H. Renner for $86,021 VI.D. Ordinance No. 2021-16; Amending Chapter 2 of the City Code, Setting Fees for 2022 VI.E. Adopt Ordinance No. 2021-15; Amending Chapter 26 of the City Code Concerning Bicycle Lanes VI.F. Adopt Resolution No. 2021-112; Removal of a Condition from Resolution No. 2019-64 for Our Lady of Grace Church Minutes/Edina City Council/December 7, 2021 Page 2 VI.G. Adopt Resolution No. 2021-113; Approving Parking Restrictions VI.H. Adopt Resolution No. 2021-119; Authorizing Participation in the National Prescription Opioid Settlement VI.I. Request for Purchase; Public Stormwater Best Management Practices Inspection and Maintenance, awarding the bid to the recommended low bidder, Barr Engineering for $150,000 VI.J. Approve Traffic Safety Report of October 26, 2021 VI.K. Approve E911 Call Handling System Agreement Amendment VI.L. Request for Purchase; Public Safety Software from Tyler Technologies VI.M. Adopt Resolution No. 2021-117; Approving 2022-2025 Residential Waste Reduction and Recycling Grant Agreement with Hennepin County VI.N. Adopt Resolution No. 2021-120; Setting 2022 Ambulance and Miscellaneous Fire Fees VI.O. Approve 2022 City Observances/Days of Significance VI.P. Approve 2022 Commission Work Plans VI.Q. Approve 2022 Legislative Affairs Contract with Messerli & Kramer VI.R. Adopt Resolution No. 2021-114; Setting Polling Locations for 2022 Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.D. ORDINANCE NO. 2021-16; AMENDING CHAPTER 2 OF THE CITY CODE, SETTING FEES FOR 2022 – FIRST READING GRANTED The Council spoke about the increases in recycling and composting fees and the need to better align incentives for waste disposal with costs. Member Staunton made a motion to grant First Reading of Ordinance 2021-16 amending Chapter 2 of the Edina City Code. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. VI.L. REQUEST FOR PURCHASE; PUBLIC SAFETY SOFTWARE FROM TYLER TECHNOLOGIES – APPROVED The Council asked how this software would be more effective in law enforcement and that it was a great example of how the department was working to improve. Lieutenant White explained the evolution of the current software which was 15 years old and how crime analysis and data compilation was used to help address crime trends and response. Member Staunton made a motion, seconded by Member Anderson, to approve request for purchase; Public Safety Software from Tyler Technologies, awarding the bid to the recommended low bidder, Tyler Technologies, Inc. for $962,619. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. 2021 TOM OYE AWARD – PRESENTED Chair Epstein said the Human Rights and Relations Commission would recognize the 2021 Tom Oye Award recipient. He explained the award paid tribute to the late Tom Oye and other members of the Edina community whose good works promoted human relations and advance human rights then announced this year’s winner, Sayali Amarapurkar. He shared her work that encouraged the South Asian community to think about systemic racism and make the world a better place through AshaUSA. Minutes/Edina City Council/December 7, 2021 Page 3 Ms. Amarapurkar thanked the Council and nominator then shared more about their organization. VII.B. AMERICAN RESCUE PLAN ACT SPENDING PLAN – UPDATE RECEIVED Municipal Consultant Annie Coyle provided an update on the status of the implementation process for the City’s approved American Rescue Plan Act (ARPA) Spending Plan. Ms. Coyle shared that Edina was allocated $4.9 million, half received in 2021 and the second half expected mid-2022. She spoke about the City’s vision to serve populations most impacted by the pandemic that used a race and equity lens, short and long-term impacts, and focused the majority of funding to directly benefit the community. She outlined the areas of focus that included food, rent, internet, and mental health assistance, direct assistance to businesses, improvements to City facilities/technology, and climate change mitigation. She shared more about each area of implementation that included Comcast internet essentials program, Edina Chamber of Commerce, 50th and France Business Association, small business technical assistance program, and direct support for the Edina Theater. Ms. Coyle spoke about the community support through VEAP, NextGen Tree program that would include 1,000 new tree plantings, City investment of utility broadband connections as part of water and sewer projects, then spoke about how unique Edina was by engaging school districts throughout this process. She shared the federal report requirements and ongoing tracking of progress and impacts and that staff would continue to review and make recommendations for Council consideration for Round 2 in March 2022. The Council asked questions and provided feedback. VIII. PUBLIC HEARINGS - Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2021-116; APPROVING FINAL LAYOUT FOR PROJECT 1 OF THE I-494 CORRIDOR VISION IMPLEMENTATION PLAN – CONTINUED TO DECEMBER 21, 2021 Amber Blanchard, MnDOT Project Manager, said Minnesota Department of Transportation (MnDOT) was in process of developing Project 1 of the I-494 Corridor Vision Implementation Plan. She said this project was the first of four phases that would construct managed lanes from Highway 169 to the Minneapolis/St. Paul International Airport and required the City to approve the proposed final layout. She outlined the process intended to allow municipalities an additional opportunity to provide formal input on the project design and that by law, the City was required to conduct a public hearing on the proposed final layout as part of this process. She shared a video of the proposed plan and outlined the municipal consent from Edina with the addition of EZ-PASS lanes as part of the I-494 corridor vision. She shared the process to date that included virtual public open houses then outlined the project cost of total $417 million and funding sources that included Corridors of Commerce, local, state and federal funds. Ms. Blanchard said they would continue outreach efforts for this project and shared the construction timeline to would begin late summer 2023. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 8:01 p.m. Public Testimony No one addressed the Council. Member Jackson made a motion, seconded b Member Pierce, to close the public hearing at noon on December 13, 2021, and continue action on Resolution No. 2021-116 approving final layout for Project 1 of the I-494 Corridor Vision Implementation Plan, to the December 21, 2021, City Council meeting. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. VII.B. REQUEST TO KEEP MORE THAN THREE PETS – APPROVED Animal Control Officer Tim Hunter shared that Jessica Moody, 5225 Kelsey Terrace, had requested the ability to keep four dogs at her home. He said she currently had three dogs and wished to adopt another, Minutes/Edina City Council/December 7, 2021 Page 4 which required City approval. He said staff followed the ordinance requirement that included neighbor notification within a 200-foot radius of the home to inform them of the public hearing and that staff received two comments in response, both in favor of approving the permit. Officer Hunter said staff had no concerns with the care or diligence of Ms. Moody’s current dogs and saw no reason to deny the request. Mayor Hovland opened the public hearing at 8:08 p.m. Public Testimony Jessica Moody, 5225 Kelsey Terrace, addressed the Council. Member Jackson made a motion, seconded by Member Anderson, to close the public hearing and approve the request to keep more than three pets for Jessica Moody, 5225 Kelsey Terrace. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. VIII.C. RESOLUTION NO. 2021-115; SETTING 2022 TAX LEVY AND ADOPTING 2022 OPERATING BUDGET - ADOPTED Manager Neal shared the action regarding the proposed 2022 tax levy and adoption of the 2022 operating budget. He said the City started the 2022-2023 Budget development process early in 2021 and noted the biennial budget process allowed more time to be spent in the second year on the Capital Improvement Plan (CIP) and less time making changes to the operating budget. He said on September 23, 2021, staff recommended a preliminary levy for taxes payable in 2022 based on the proposed budget which would increase the total of all levies by $3,349,065 or 8.98%. Since the preliminary levy was approved, staff had worked with the City's financial advisor, Ehlers, to identify and execute bond refinancing opportunity that resulted in debt service expense savings for the City which resulted in a final 2022 levy recommendation of $45,130,036, or 7.97% increase over 2021. He spoke about what this budget proposal would accomplish in the community that included themes of investment in public safety, preparation for climate change, investments in capital improvements, preservation and enhancement of a strong local economy, greater emphasis and maintenance of current assets, and investments in employees. He outlined investments and benefits in technology such as replacement public safety 911 dispatch and records systems, increased IT staff to support services and provide additional cyber security and expand City fiber optics, continued investment in well-maintained public facilities and infrastructure, work to implement the City’s climate action plan and sustainable building policy, then spoke about the service-based organization and the great team of staff that was led to action. Assistant Manager Schaefer shared the work plan, budget, strategic policy and implementation levels and how the City’s 20-year vision, Comprehensive Plan, Capital Improvement Plan, and two-year budget work plan and operating budget worked together. She outlined the goals and values of the community, budget pillars, and strategies that included a strong foundation, reliable service, livable city, and better together government. She outlined the budget values that included stewardship, equity, health, and sustainability. Ms. Schaefer outlined the proposed budget of $140 million overall, outlined the proposed levy for 2022-2023, excluding the special street levy, with a proposed increase of 5.71% and 5.30%. She outlined investments and benefits that included improved response and outcomes for mental health-related calls for emergency services and response, increased resources for responding to public data requests and managing secure elections, proposed 2% overall market wage increases, ARAP funding, improved transparency tools and performance dashboards, completion of a quality-of-life survey, and continued investment in equity initiatives and Boards and Commissions. Finance Director McAndrews spoke about the City’s AAA bond rating, 2022 estimated market value of $13.8 billion, Southdale II TIF District decertification, stable City tax levy with growing tax capacity, estimated levy impacts, and the 2022 change in City tax by property types. The Council asked questions and provided feedback. Minutes/Edina City Council/December 7, 2021 Page 5 Mayor Hovland opened the public hearing at 8:52 p.m. Public Testimony Russel Fystrom, 5250 Grandview Square, Unit 2103, addressed the Council. Member Staunton moved to close the public hearing, introduce, and adopt Resolution No. 2021-115 adopting the budget for the City of Edina for Year 2021, and establishing the proposed tax levy payable in 2022. Member Anderson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. EDINA CLIMATE ACTION PLAN – APPROVED Sustainability Manager Hancock shared that Council charged staff to develop a Climate Action Plan in 2021. Staff contracted a consultant and convened a group of 24 community members that represented residents, business owners, institutions and technical City staff to develop the plan. She said the plan outlined new greenhouse gas emission reduction goals for the community - a 45% reduction by 2030 based on 2019 GHG inventory, and to become a net zero community by 2050 and that the plan identified more than 200 actions to be completed by 2030 order to achieve these goals. She said the Energy and Environment Commission approved the plan at their October 14, 2021 meeting, with one additional action that the City Manager would work with staff to develop a year 1 implementation plan that specified a work sequence and timeline for implementation tasks, estimated necessary funding and staffing resources, and outlined an accountability process, and recommended the Council approve the plan for implementation beginning in 2022. Energy and Energy Commission Chair Martinez shared reduction and emission goals developed in collaboration with the planning team of community, business, and commission members and staff’s work to engage the community. She spoke about addressing sectors and actions that provided a roadmap for the next nine years that focused on economic growth, social equity, and environmental well-being then thanked members of the Climate Action Plan Team and those who helped throughout the process. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Staunton, to approve the Edina Climate Action Plan as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.B. RESOLUTION 2021-109; APPROVING RIGHT-OF-WAY EASEMENT VACATION AT PENTAGON VILLAGE – ADOPTED Director of Engineering Millner shared that Pentagon Village, LLC had applied for a vacation of a drainage and utility easement at Pentagon Village. He said no comments were received during the public hearing and that staff recommended approval. Member Jackson introduced and moved adoption of Resolution No. 2021-109 vacating drainage and utility easement, Pentagon Village. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.C. AMERICAN RESCUE PLAN ACT STATE AND LOCAL FISCAL RECOVERY FUNDS GRANT AGREEMENT WITH EDINA CHAMBER OF COMMERCE – APPROVED Minutes/Edina City Council/December 7, 2021 Page 6 Economic Development Manager Neuendorf explained on September 9, 2021, the City Council approved a Spending Plan for its American Rescue Plan Act (ARPA) funds and pledged to support two well-established and long serving not-for-profit associations that promoted businesses and economic prosperity in Edina. The Edina Chamber of Commerce suffered significant economic declines due to the COVID-19 pandemic that resulted in decreased membership and cancelled fund-raising events that threatened the stability and future of this organization. He said the City established the American Rescue Plan Act State and Local Fiscal Recovery Funds Program to provide financial support to this entity and that staff had prepared a Grant Agreement to provide $100,000 to this organization. Staff had reviewed the financial return of the organization and confirmed the negative economic impact and said it was intended that the grant fund would allow the organization to reinvigorate their membership activities and retool as needed so they could continue to support the Edina business community for years to come. Lori Syverson, Edina Chamber of Commerce, thanked the Council then shared comments about businesses and employees still suffering the impacts of pandemic. Member Jackson made a motion, seconded by Member Pierce, to approve ARPA State and Local Fiscal Recovery Funds Grant Agreement with Edina Chamber of Commerce. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.D. AMERICAN RESCUE PLAN ACT STATE AND LOCAL FISCAL RECOVERY FUNDS GRANT AGREEMENT WITH 50TH AND FRANCE BUSINESS ASSOCIAITON – APPROVED Mr. Neuendorf explained this similar action would assist the 50th and France Business Association address impacts from the pandemic. Judy Johnson said if not for ARPA funding, the 50th and France Business Association would no longer exist and they look forward to hosting the Art Fair again as well as many other activities and thanked staff for their support throughout process. Member Anderson made a motion, seconded by Member Pierce, to approve ARPA State and Local Fiscal Recovery Funds Grant Agreement with 50th and France Business Association. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. IX.E. AMERICAN RESCUE PLAN ACT AGREEMENT WITH COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC – APPROVED Mr. Neal explained the COVID-19 pandemic highlighted the disparity of access to fast and affordable internet service and caused disproportionate economic harm to low- and moderate-income households across the nation. He said the City had committed to providing assistance to residents most impacted by the pandemic with funding received through the American Rescue Plan Act (ARPA) and providing internet access to eligible households was identified in the U.S. Treasury guidance as an appropriate use of the funding. Ms. Coyle said the Internet Essentials by Comcast Program had been in effect for over 10 years and provided low-cost, high speed Xfinity internet service to households. She said the proposal was for the City to sponsor the full monthly cost of this internet service for eligible Edina households through December 2022 and outlined program eligibility based on household income. She said funding for this initiative was approved as part of the ARPA Implementation Plan (Round 1 - 2021) Priority Area 5: Community Broadband Expansion and the goal to enroll as many as possible to support those enrolled, especially students. The Council asked questions and provided feedback. Minutes/Edina City Council/December 7, 2021 Page 7 Member Jackson made a motion, seconded by Member Staunton, to approve agreement with Comcast Cable Communications Management, LLC to sponsor monthly internet service to eligible residents as part of the ARPA Funding Plan. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. Andrea Kayer, Comcast, noted they are excited for the partnership with local governments and help connect those that need service. IX.F. SKETCH PLAN FOR 4701 77TH STREET WEST – REVIEWED Community Development Director Teague said the Council was asked to consider a sketch plan request to redevelop 4701 77th Street West. The applicant was proposing to tear down the existing office building on the site and construct a seven-story 189-unit apartment complex. He said the applicant proposed to provide 17 units within the development for affordable housing. He said when the application was received the applicant intended to conform to the Comprehensive Plan for density but staff was informed they wanted to be compliant but still needed units to proceed and would need require a Comprehensive Plan amendment, which staff would not support. He said the site was currently zoned Planned Industrial District and guided Office Residential which allowed density up to 75 units per acre. The request would require a Comprehensive Plan Amendment to increase density on the site, a rezoning and flexibility would be requested through the PUD Ordinance to vary from parking, setback and floor area ratio (FAR) requirements. Sheldon Berg, DJR Architecture, shared the proposed plan that included townhomes and parallel parking as part of the project which would be ready-made for visitors. He shared about the five-story residential above with 90 parking stalls on the south side and other parking then outlined the storm water elements. He said each of the townhomes for sale would be 10% of the total units then shared materials of brick, stucco, and metal. Mr. Berg said they were receptive to comments offered by the traffic consultant and shared location of the project had good adjacencies to bike paths and others elements that would add character to the project. Dean Devolis, DJR Architecture, spoke about the flexibility of density, the affordability elements, main street concept, and the chance to upgrade hierarchy and create a development pattern that would lead to richness of the project in alignment with the Southdale study. He spoke about the creation of an affordable rental project and ownership which would result in increased housing options for the community. The Council asked questions and provided feedback. IX.G. SKETCH PLAN FOR 5780 LINCOLN DRIVE, LONDONDERRY APARTMENTS – REVIEWED Mr. Teague shared the Council was asked to consider a sketch plan request to redevelop 5780 Lincoln Drive by tearing down the existing office building on the site and constructing a 4-5 story 195-unit apartment. He said the site was currently zoned Planned Industrial District and guided Office Residential in the City’s Comprehensive Plan which allowed residential density up to 75 units per acre. This site was 2.6 acres in size therefore, the applicant was proposing to max out the density on the site at 75 units per acre. He said the applicant proposed to provide 10% of the units within the development for affordable housing to meet the City’s affordable housing policy and the request would require a rezoning to PUD and flexibility to vary from parking, height, setback and floor area ratio (FAR) requirements. Curt Gunsbury, Solhem Companies, shared the proposed project would allow a continuum of housing opportunities for Edina and would follow all guidelines. He shared more about the proposed 195 units, 10% of which would be at 50% AMI for affordable housing, and thanked the Council for their guidance. Jason Lord, Solhem Companies, explained the design philosophies and topography and referred to the important intersection by Nine Mile Creek. He said there were many constraints on site that could be Minutes/Edina City Council/December 7, 2021 Page 8 opportunities then spoke about investments in commercial opportunity, common area activation, and public realm. Craig Hartman, Momentum Design Group, said the site was ideal for high density residential and provided a buffer to 169. He said adjacency helped then spoke about the topography challenges and the importance for presence on Londonderry and how they intended to pull the building up to obtain a front door feel. He said the project would provide connection to regional and amenities in the area then commented about managing bulk and FAR and how shifting the building to the west would address the concern. He spoke about providing a larger natural buffer, reviewed the east/west wings, and how the concept focused on homes that had air, light, and unobstructed views. He shared how people interacted with the buildings and the shared amenities outside the common area through use of a trail then spoke about proposed exterior design elements that included a natural palette that embraced the topography with stone accents. The Council asked questions and provided feedback. IX.H. JUNETEENTH HOLIDAY - APPROVED Mr. Neal explained the proposed action to establish Juneteenth, June 19, as a paid holiday for City employees based on an act of President Biden in May 2021. He said the holiday had also been approved as a new paid holiday by the city councils in Minneapolis and St. Paul and by the County Commissioners in Hennepin and Ramsey Counties but that most other suburban communities in the Twin Cities had not yet taken the same step. He outlined options for Council that included taking action now, taking action contingent upon similar action by the State during the 2022 legislative session, or take no action. He recommended Council approve this holiday as it was consistent with the City’s collective work around race and equity and was very likely to be approved by the State and the importance that Edina be a leader among suburban municipalities on this issue. The Council asked questions and provided feedback. Member Staunton made a motion, seconded by Member Pierce, to approve Juneteenth, June 19, as an official paid City holiday starting in 2022. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. X. CORRESPONDENCE AND PETITIONS - Received X.A. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, OCTOBER 14, 2021 X.B. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, OCTOBER 26, 2021 X.C. MINUTES: TRANSPORTATION COMMISSION, OCTOBER 28, 2021 X.D. MINUTES: ARTS AND CULTURE COMMISSION, OCTOBER 28, 2021 XI. AVIATION NOISE UPDATE – Received XII. MAYOR AND COUNCIL COMMENTS – Received XIII. MANAGER’S COMMENTS – Received XII.A. AMENDMENT TO THE 2022 CALENDAR OF MEETING AND RELIGIOUS OBSERVANCE DATES XIV. CALENDAR OF CITY COUNCIL MEETINGS AND EVENTS – Received XV. ADJOURNMENT Member Jackson made a motion, seconded by Member Anderson, to adjourn the meeting at 11:46 p.m. Minutes/Edina City Council/December 7, 2021 Page 9 Ayes: Anderson, Jackson, Pierce, Staunton, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, December 21, 2021. James B. Hovland, Mayor Video Copy of the December 7, 2021, meeting available.