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HomeMy WebLinkAbout2022-08-03 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MEETING AUGUST 3, 2022 7:00 PM I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:04 p.m. then shared the procedure for public hearing and community comment. II. ROLLCALL Answering rollcall were Members Anderson, Jackson, Pierce, Staunton, and Mayor Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRSENTED Member Staunton made a motion, seconded by Member Pierce, to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. V. COMMUNITY COMMENT Ruth Ann Metzger, 5600 Dale Avenue, shared concerns regarding the lack of grass from last year’s street reconstruction project and the need to water the new areas. She requested a reduction in their utility bill be considered then spoke about safety concerns relating to the turning movement from Dale Street to 56th Street. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal and Engineering Director Millner shared an update from the Community Comments from the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Jackson made a motion, seconded by Member Pierce, approving the consent agenda as amended, removing Items VI.N., Traffic Safety Report of June 28, 2022, and VI.O, Resolution No. 2022-66; Approving the Fencing Consortium Joint Powers Agreement: V.A. Approve minutes of the Work Session and Regular Meeting of July 19, 2022 V.B. Approve Claims for Payment for Check Register Pre-List Dated July 22, 2022, totaling $1,465,910.81 V.C. Request for Purchase, 2022 Pavement Rejuvenation, awarding the bid to the recommended low bidder, Corrective Asphalt Materials, LLC, $137,357 V.D. Request for Purchase, Sanitary Sewer Lift Station No. 6 Construction Phase Services, awarding the bid to the recommended low bidder, Barr Engineering, $416,000 V.E. Request for Purchase, Sanitary Sewer Lift Station No. 3 Construction Phase Services, awarding the bid to the recommended low bidder, Bolton & Menk, $80,480 V.F. Request for Purchase, Sanitary Sewer Lift Station No. 6 Replacement, awarding the bid to the recommended low bidder, Mangey Construction, Inc., $7,558,400 V.G. Request for Purchase, Sanitary Sewer Lift Station No. 3 Replacement, awarding the bid to the recommended low bidder, Geislinger and Sons, $1,607,000 V.H. Request for Purchase, 60th Street Well House No. 5 Exterior Improvements, awarding the bid to the recommended low bidder, JPMI Construction Co., $298,500 Minutes/Edina City Council/August 3, 2022 Page 2 V.I. Request for Purchase, Traffic Control Cabinet for 76th and Edinborough Way, awarding the bid to the recommended low bidder, Traffic Control Corporation, $36,295 V.J. Request for Purchase, Bury Overhead Power Lines on the Blake Road Project, awarding the bid to the recommended low bidder, Northern States Power (Xcel Energy), $366,728 V.K. Approve Access and Construction License Agreement with Nine Mile Creek Watershed District for the Lynmar Basin Stormwater Retrofit Project V.L. Request for Purchase, McCauley Road Private Fence Replacement, awarding the bid to the recommended low bidder, All Phase Contracting, $145,612 V.M. Request for Purchase, Braemar Parking Lot Resurfacing and Lighting, awarding the bid to the recommended low bidder, FPI Paving Contractors, $664,926 V.N. Traffic Safety Report of June 28, 2022 V.O. Resolution No. 2022-66; Approving the Fencing Consortium Joint Powers Agreement V.P. Adopt Resolution No. 2022-69; Authorizing MN Department of Employment and Economic Development Grant Application for 4620 W. 77th Street. V.Q. Adopt Ordinance No. 2022-07; Extending Term of the Franchise Held by Comcast V.R. Receive Petition for Construction of Walkways in Arneson Acres Park Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: V.N. TRAFFIC SAFETY REPORT OF JUNE 28, 2022 – APPROVED The Council inquired about the parking needs on Dale Street. Mr. Millner spoke about the traffic safety request for parking on 56th Street, adding they intended to place a no parking sign in response and while not part of this action, staff would review the concerns regarding Dale Street and respond. Member Staunton made a motion, seconded by Member Jackson, approving the traffic safety report of June 28, 2022, as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. V.O. RESOLUTION NO. 2022-66; APPROVING THE FENCING CONSORTIUM JOINT POWERS AGREEMENT – ADOPTED The Council asked questions regarding the proposal and lack of desire for fencing then requested the policy include that Council make the decision to deploy any fencing. The Council indicated while they understood the need to prepare, the request should come from the Council. Mr. Neal said staff would call a special meeting of the Council in the event that fencing was being recommended and noted staff would likely have some prior notice that rioters could be a concern and now would have a process and policy that would allow for a request for this fencing. Police Chief Milburn said he supported the Council’s policy amendment then explained the definition of an event, commitment to request any fencing as well as extending the length of fencing, then spoke about the potential purchase of fencing in the future Member Staunton introduced and moved adoption of Resolution No. 2022-66 approving the fencing consortium joint powers agreement. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII. PUBLIC HEARINGS - Affidavits of Notice presented and ordered placed on file. Minutes/Edina City Council/August 3, 2022 Page 3 VII.A. PEOPLE’S ORGANIC LIQUOR LICENSE SUSPENSION – APPROVED Clerk Allison stated on June 14, 2022, alcohol was sold to an under 21-year-old police decoy during an alcohol compliance check by the Edina Police Department. She stated this was People's Organic's second offense within 24 months and the presumptive civil penalty was a three-day liquor license suspension and $1,000 fine. She outlined the maximum suspension per Statute and that the licensee must be given the opportunity for a hearing. Ms. Allison stated staff recommended Monday-Wednesday, August 8-10, for the three-day suspension and that People's Organic decide how to notify their customers of the suspension, for example, by posting a notice on entry door(s) and also where alcohol was in plain sight of customers. The Council confirmed the server’s email was part of the record that outlined her responsibility in the transaction and lack of attention to detail. Lt. Dan Conboy answered questions regarding the process regarding compliance checks. Juell Roberts, People’s Organic, spoke about staff training and the work they do to avoid this potential. She described how upset the server was about her error, how they take training very seriously, and would continue to work to ID all customers in their establishment. Mayor Hovland opened the public hearing at 7:49 p.m. Public Testimony No one addressed the Council. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Pierce, to close the public hearing. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. Member Staunton made a motion, seconded by Member Anderson, to approve People Organic’s three-day liquor license suspension and a $1,000 fine for their second liquor license offense within 24 months. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII. REPORTS AND RECOMMENDATIONS VII.A. RESOLUTION NO. 2022-71 ACCEPTING DONATIONS – ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2022-71 accepting donations. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.B. RESOLUTION NO. 2022-67 ACCEPTING DONATION FROM DENNIS W. SCHULSTAD – ADOPTED Centennial Lakes Park General Manager Bushland shared about a $25,000 donation from Dennis W. Schulstad for a bronze statute and landscaping to honor his late wife. Mr. Schulstad described how much his wife Pam and their dog enjoyed walking in Centennial Lakes Park as it was a jewel of the City and thanked the City for allowing him to honor his wife in this manner. A round of applause was offered by all in attendance. Minutes/Edina City Council/August 3, 2022 Page 4 Member Anderson introduced and moved adoption of Resolution No. 2022-67 accepting a donation from Dennis W. Schulstad for a bronze statue and upgraded landscaping at Centennial Lakes Park with a value of $25,000. Member Jackson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.C. ORDINANCE NO. 2022-06; AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING AND DISTRIBUTION OF THC PRODUCTS – ADOPTED Mr. Neal said staff recommended adoption of Ordinance No. 2022-06, an interim ordinance prohibiting the sale, testing, manufacturing, and distribution of THC products. He said the ordinance would impose a one- year moratorium on the retail sales of THC-infused edibles and drinks within the City of Edina. The purpose of the moratorium was to provide sufficient time for staff to study the issues related to the development of a municipal system of regulation and licensure of the retail sales of these materials. He noted a number of Minnesota cities were adopting similar moratoriums for the same or similar purposes and that this ordinance was drafted by the City Attorney and met the standards for municipal moratorium ordinances and would allow staff time to research and recommend an approach for how to address. City Attorney Kendall shared their work to create a possible licensing ordinance for Council’s future consideration. The Council asked questions and provided feedback. Member Staunton moved to grant Second Reading adopting Ordinance No. 2022-06 implementing an interim ordinance prohibiting the sale, testing, manufacturing, and distribution of THC products. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.D. SUMMARY PUBLICATION FOR ORDINANCE NO. 2022-06 PROHIBITING THE SALE, TESTING, MANUFACTURING AND DISTRIBUTION OF THC PRODUCTS – APPROVED Member Jackson made a motion, seconded by Member Anderson, to approve summary publication of Ordinance No. 2022-06 implementing an interim ordinance prohibiting the sale, testing, manufacturing, and distribution of THC products. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.E. RESOLUTION NO. 2022-70; AWARDING THE SALE OF $17 MILLION GENERAL OBLIGATION TEMPORARY CIP BONDS; SERIES 2022B – ADOPTED Nick Anhut, Ehlers Public Finance Advisors, said this request was for the issuance of general obligation temporary bonds, series 2022B, that included temporary financing for site acquisition and initial design of First Station #2 project as adopted within the Capital Improvement Bond Plan on June 21, 2022. He said the bond’s debt service would be paid with a combination of capitalized interested included the issuance and the balance would be refinanced with up to $39 million of bonds that would provide long-term financing payable from a dedicated tax levy for the full project. He stated no tax levy was anticipated during this temporary period. He said the bonds would mature in 2025 then reviewed the City’s credit ratings history, bond sale details, and final principal amount of $17 million at a calculated interest of 2.129%. The Council asked questions and provided feedback. Member Pierce introduced and moved adoption of Resolution No. 2022-070 authorizing the issuance, awarding sale, prescribing the form and details and providing for the payment of Minutes/Edina City Council/August 3, 2022 Page 5 $17,000,000 General Obligation Temporary Capital Improvement Plan Bonds, Series 2022B. Member Jackson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.F. ORDINANCE NO. 2022-07 OFF STREET PARKING REGULATIONS – FIRST READING GRANTED Planning Commission Chair Agnew shared comments regarding the proposed off-street parking regulations then spoke about sustainability, equity and affordability of housing, the local economy, and families. She also spoke about the proposed strategy and the need to find right sizing as part of the regulations. Planning Commissioner Miranda spoke about the need to collaborate, plans for off-street parking ordinances, and how the City was a leader. He shared scale-of-change examples that would be undertaken in a phased rollout over time. Community Development Director Teague commented on current parking standards, those from the Institute of Transportation Engineers, then reviewed project examples, noting none would have required a variance outside of the ITE manual. Member Jackson moved to grant First Reading to Ordinance No. 2021-07 an amendment regarding off street parking regulations. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.G. RESOLUTION NO. 2022-62; CONDITIONAL USE PERMIT FOR CONCORD ELEMENTARY SCHOOL, 5900 CONCORD AVENUE – ADOPTED Mr. Teague said Edina Public Schools has requested a conditional use permit for a small building addition to add a classroom at Concord Elementary School at 5900 Concord Avenue. He said no changes to parking or ponding would occur, no additional public input had been received, and that staff recommended approval. Member Jackson introduced and moved adoption of Resolution No. 2022-62 approving a conditional use permit Concord School at 5900 Concord Avenue subject to the following conditions: 1. The site must be developed and maintained in conformance with the following plans: • Site plan date stamped May 22, 2022. • Grading and drainage plan date stamped May 22, 2022. • Landscaping plan date stamped May 22, 2022. • Geometric plan date stamped May 22, 2022. • Utility and erosion control plan date stamped May 22, 2022. 2. A building and grading permit is required for the improvements. Compliance with the engineer’ memorandum dated June 13, 2022. 3. Submit a copy of the Nine Mile Creek Watershed District permit. The city may require revisions to the approved plans to meet the district’s requirements. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.H. RESOLUTION NO. 2022-61; CONDITIONAL USE PERMIT FOR COUNTRYSIDE ELEMENTARY SCHOOL, 5701 BENTON STREET – ADOPTED Minutes/Edina City Council/August 3, 2022 Page 6 Mr. Teague said Edina Public Schools had requested a conditional use permit for building additions and expanded parking lot at Countryside Elementary School located at 5701 Benton Avenue. He said the goal of the expanded parking lot was to make the site safer by separating parent and bus drop off areas. He outlined the six classroom additions and parking lot areas and noted the school district had agreed to the added condition for electric vehicle charging stations, no additional public input had been received, and that staff recommended approval. Member Jackson introduced and moved adoption of Resolution No. 2022-61 approving a conditional use permit for Countryside School at 57-1 Benton Avenue based on the following conditions: 1. The site must be developed and maintained in conformance with the following plans: • Site plan date stamped May 22, 2022. • Plan modifications dated May 22, 2022. • Lighting photometric dated May 22, 2022. • Grading and drainage plan date stamped May 22, 2022. • Landscaping plan date stamped May 22, 2022. • Geometric plan date stamped May 22, 2022. • Utility and erosion control plan date stamped May 22, 2022. 2. A building and grading permit is required for the improvements. 3. A lighting plan, landscape plan and grading plan must be submitted and meet all minimum zoning ordinance requirements. 4. Submit a copy of the Nine Mile Creek Watershed District permit. The city may require revisions to the approved plans to meet the district’s requirements. 5. Additional evergreens along Benton and Tracy must be planted to fill in the gaps of existing and proposed landscaping to provide better screening of the parking lots for residents across the street from the school. Final landscape Plan and additional screening is subject to review and approval of the city forester prior to issuance of a building permit. 6. The School District shall consider adding EV charging stations within the parking lot. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX. MANAGER’S COMMENTS – Received IX.A. QUARTERLY BUSINESS REPORTS X. MAYOR AND COUNCIL COMMENTS – Received XI. ADJOURNMENT Member Jackson made a motion, seconded by Member Pierce, to adjourn the meeting at 9:46 p.m. Ayes: Anderson, Pierce, Staunton, and Hovland. Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, August 16, 2022. James B. Hovland, Mayor Video Copy of the August 3, 2022, meeting available.