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HomeMy WebLinkAbout2022-10-18 City Council Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MEETING OCTOBER 18, 2022 7:00 PM I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:03 p.m. then shared the procedure for public hearing and community comment. 11. 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 Pierce to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland. Motion carried. V. COMMUNITY COMMENT No one appeared. V.A. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS Manager Neal shared an update from the Community Comments from the last meeting. VI. CONSENT AGENDA ADOPTED AS PRESENTED Member Anderson made a motion, seconded by Member Jackson approving the consent agenda as presented: V.A. Approve Minutes of the Work Session and Regular Meeting of October 6, 2022 V.B. Approve Claims for Payment for Check Register Pre-List Dated September 30, 2022, totaling $2,042,192.67 and Pre-List Dated October 7, 2022, totaling $2,717,691.18 V.C. Request for Purchase, ESRI GIS Enterprise License Agreement, awarding the bid to the recommended low bidder, ESRI, $136,750 V.D. Adopt Resolution No. 2022-96; Approve and Adopt Special Assessments for McCauley Trail Private Fence V.E. Request for Purchase, Aquatic Center Pump Room Replacement Concept Design, awarding the bid to the recommended low bidder, HGA, $33,600 V.F. Request for Purchase, 50th & France Parking Ramp Repairs, awarding the bid to the recommended low bidder, RAM Construction, $220,969 V.G. Request for Purchase, 4-Ton Asphalt Trailer, awarding the bid to the recommended low bidder, Stepp Manufacturing Co., $58,061 V.H. Request for Purchase, Emergency Gate Value Repair for Lift Station No. 22, awarding the bid to the recommended low bidder, Valley Rich Co., Inc., 427,258.70 Page 1 Minutes/Edina City Council/October 18, 2022 V.I. Adopt Ordinance No. 2022-15; Amending City Code Chapter 12 Regarding Tobacco Compliance Penalties V.J. Adopt Ordinance No. 2022-14; Amending Chapter 2 of the City Code Setting License Fee for THC Products V.K. Approve Summary Publication for Ordinance No. 2022-10 Concerning Residential Tree Protection V.L. Approve Summary Publication for Ordinance No. 2022-12 Establishing a Municipal Licensing and Regulatory System for the THC-Infused Edibles and Drinks V.M. Adopt Resolution No. 2022-100, Nominating Richard Miller to the Minnehaha Creek Watershed District Board of Managers Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland. Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS: VII.A. HOMETOWN HEROES RECOGNITION - RECEIVED Communications Director Bennerotte said that for more than a decade, the City had recognized exceptional residents and others as "Hometown Heroes." Recognition had been in the form of stories on the City's website and featured on the City's social media accounts then shared the story of Fartun Ismail who founded the Somalian American Women Action Center for immigrant refugee women and Russ Stanton for winning the sustainability blue ribbon at the State Fair by growing a 2.74-pound German giant tomato as a result of Edina's organic compost program. Russell Stanton thanked the Council for the recognition and a round of applause was offered by all in attendance. Farun Ismail said she was honored to be in attendance and thanked the community who supported her through donations and other resources and thanked the Council for the recognition and a round of applause was offered by all in attendance. VIII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VIII.A. PUBLIC HEARING - RESOLUTION NO. 2022-97, RESOLUTION NO. 2022-98 AND ORDINANCE NO. 2022-17; COMPREHENSIVE PLAN AMENDMENT, REZONING AND SITE PLAN WITH MULTIPLE VARIANCES — CONTINUED TO NOVEMBER 15, 2022 The Council confirmed the applicant had requested a continuance of the public hearing in order to meet with the adjacent residents to discuss and attempt to resolve some of the concerns with the proposed project. They spoke about the applicant's request to attend the meeting but how that would be inconsistent with the open meeting law and therefore would not be attending but looked forward to the upcoming public hearing. Member Staunton moved to continue the public hearing until November 15, 2022, for consideration of Resolution No. 2022-97, Resolution No. 2022-98 and Ordinance No. 2022-17; Comprehensive Plan Amendment, Rezoning and Site Plan with Multiple Variances. Seconded by Member Pierce. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, Hovland. Motion carried. Page 2 Minutes/Edina City Council/October 18, 2022 IX. REPORTS AND RECOMMENDATIONS IX.A. ADOPT RESOLUTION NO. 2022-95 ACCEPTING DONATIONS - ADOPTED Member Pierce introduced and moved adoption of Resolution No. 2022-99 accepting donations. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.B. RESOLUTION NO. 2022-89 WEED MOWING SPECIAL ASSESSMENT — ADOPTED Assistant Director Parks & Natural Resources Swenson stated in the summer of 2022, the Parks & Recreation Maintenance division cut the weeds on five properties. He shared the properties and costs associated with the use of a tractor and staff time to cut the weeds and said each cost should be assessed to the property owner for the payment to the City. Member Jackson introduced and moved adoption of Resolution No. 2022-89 levying special assessments for Improvement No. WD-22 weed mowing. Seconded by Member Anderson. Rollcall: • Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.C. RESOLUTION NO. 2022-91 TREE REMOVAL SPECIAL ASSESSMENT — ADOPTED Mr. Swenson stated a list of properties collectively had diseased trees that were removed in accordance with City Code and that all property owners were first given an opportunity to remove the diseased tree(s) within a three-week (21 days) period of time. He said the property owners chose to have the City contract the removal of their tree(s) in 2022 and have the cost of the removal or trimming assessed to their property and that this practice prevented the spread of tree diseases or was completed for safety. Member Anderson introduced and moved adoption of Resolution No. 2022-91 levying special assessments for Improvement No. TR-22 tree removal. Seconded by Member Pierce. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.D. RESOLUTION NO. 2022-85 AQUATIC VEGETATION SPECIAL ASSESSMENT, IMPROVEMENT NO. AQ-22 — ADOPTED Engineering Director Millner 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 that were eligible for the service according to section 15.2.2.4 Lake and Pond Management of the 2018 Comprehensive Water Resources Management Plan. These groups agreed to pay for the services by special assessment. He outlined the 2022 assessment period and covered services for each aquatic area and said all waterbodies were eligible for City- funded algae treatments and had been credited accordingly then shared the properties and price per REU outlined in the assessment roll and the corresponding administrative fee and said staff proposed a one-year assessment period for each special assessment per the City's Special Assessments Policy. Page 3 Minutes/Edina City Council/October 18, 2022 Member Jackson introduced and moved adoption of Resolution No. 2022-85 levying special assessments for public improvements. Seconded by Member Pierce. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.E. RESOLUTION NO. 2022-86 CREEK KNOLL A & B NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-459 — ADOPTED Mr. Millner shared the project area map for the proposed roadway reconstruction special assessment. He outlined the proposed assessments of $9,083.42 per residential equivalent unit then shared the preliminary assessment from 2020 was $15,300 and revised in 2021 to $12,100 with the $200 water bill credit and said staff received two additional public comments regarding funding policy and turf and recommended approval as presented. Member Staunton introduced and moved adoption of Resolution No. 2022-86 levying special assessments for public improvements. Seconded by Member Jackson. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.F. RESOLUTION NO. 2022-87 MELODY LAKE A & B, BIRCHCREST C, GRANDVIEW A NEIGHBORHOOD ROADWAY RECONSTRUCTION SPECIAL ASSESSMENT, IMPROVEMENT NO. BA-457 — ADOPTED Mr. Millner shared the project area map for the proposed roadway reconstruction special assessment and the four filed objections. He outlined project funding then shared the proposed assessment of $11,711.51 per residential equivalent unit which was originally $24,200 in 2020 and revised to $13,600 in July 2021 with a $200 water bill credit. He said staff received two additional comments regarding the funding policy and project size and said staff recommended approval as presented. Member Pierce introduced and moved adoption of Resolution No. 2022-87 levying special assessments for public improvements. Seconded by Member Anderson. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.G. RESOLUTION NO. 2022-88 50TH AND FRANCE SPECIAL ASSESSMENTS, IMPROVEMENT NO. M-22 - ADOPTED Mr. Millner stated the City provided service to the 50th & France Business District. These services included general maintenance and upkeep performed by City employees and management of contracts for other repairs as needed and services included waste and litter removal, snow and ice management, and upkeep to City-owned spaces throughout the district. He stated the 50th & France Business District maintenance assessment changed from $0.91 per square foot in 2021 to $0.95 per square foot in 2022 and said the increase could be attributed to additional maintenance requirements of the Nolan Mains Complex, COVID precautions, tree replacement and structural repairs to the South Parking Ramp due to vehicular damage then noted no additional public comments had been submitted. Page 4 Minutes/Edina City Council/October 18, 2022 Member Pierce introduced and moved adoption of Resolution No. 2022-88 levying special assessment for public improvements. Seconded by Member Staunton. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.H. RESOLUTION NO. 2022-90 CERTIFICATION OF DELINQUENT UTILITIES NO. DU-22 - ADOPTED Finance Director McAndrews stated no additional public comments were received and that staff recommended adoption of Resolution No. 2022-90 to certify the delinquent utility accounts for collection with 2023 real estate taxes. Member Jackson introduced and moved adoption of Resolution No. 2022-90 authorizing the certification of delinquent utility charges to the Hennepin County Auditor. Seconded by Member Pierce. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.I. RESOLUTION 2022-81 AND ZONING ORDINANCE NO. 2022-13; TO REVISE THE PUD-I6 ZONING DISTRICT TO INCLUDE A NEW OVERALL DEVELOPMENT PLAN AND SITE PLAN REVIEW FOR 7200 AND 7250 FRANCE AVENUE — RESOLUTION ADOPTED AND FIRST READING GRANTED Community Development Director Teague stated Orion Investment was requesting a zoning ordinance amendment for a completely new redevelopment project for the subject property. This site received a rezoning approval to Planned Unit Development- I 6 in 2019; however, the project was never constructed. The underlying, or previous zoning on the site was POD, Planned Office District. The existing PUD would allow two six-story buildings with 299 unit of housing and 30,000 square feet of retail/restaurants and 10 owner occupied townhomes. He said the existing office buildings and parking ramp on the sites would be removed and noted the existing parking ramp was in a poor state of repair. The project would be developed in two phases with the first phase the construction of a five-story 124,620-square foot office building and coffee shop with underground parking at the 7250 France Site and the 7200 site to include a ponding area, sidewalks, green space, landscaping and surface parking where the future building pad would be. Mr. Teague • said Phase 2 would include a similar sized building in height and square footage, with the future use of housing with retail (150 units). Permanent parking for Phase I would be required to be included in the Phase 2 development. This request would require a Rezoning/Ordinance Amendment to revise the PUD- I 6, Planned Unit Development District to establish a new Overall Development Plan and Site Plan review for Phase I. The Council asked questions and provided feedback. Ted Carlson, Orion Investments, spoke about the potential of housing, hospitality, and retail in Phase II. Member Jackson introduced and moved adoption of Resolution No. 2022-81 approving a Zoning Ordinance amendment and revised overall development plan and site plan review for 7250 and 7200 France Avenue with restrictions 20 (the building height to the roofline for Phase 2 shall be limited to five stories and 72 feet in height with a 16 Page 5 Minutes/Edina City Council/October 18, 2022 foot height requirement on the first floor) 21 ( and 22 (landscape screening of the parking lot on the west side of the project in Phase I sufficient in height to block the view of the cars, retaining wall vegetation that screens the retaining wall, and rain garden vegetation sufficient in nature and quality to satisfy the City Manager or his designee) as created and grant First Reading of Ordinance 2022-13 amending the Zoning Ordinance to revise the PUD-16, Planned Unit Development-I6 zoning district. Mayor Hovland seconded the motion. Rollcall: Ayes: Jackson, Pierce, Staunton, and Hovland. Abstain: Anderson Motion carried. IX.J. RESOLUTION NO. 2022-93 CERTIFICATE OF APPROPRIATENESS APPEAL, 4633 ARDEN AVENUE - ADOPTED Assistant City Planner- Bodeker stated property owner Scott Busyn was appealing the denial of an amended Certificate of Appropriateness (COA) by the Heritage Preservation Commission (HPC). The proposed COA amendment was for changes to the building materials and changes to the front facing facade, which included windows and the dormer. She shared the proposed materials and said the HPC denied the proposed facade changes as to the larger dormer that was not appropriate as to scale as well as the proposed brick replacement then outlined the standards of rehabilitation used in their consideration. The Council asked questions and provided feedback. Member Anderson introduced and moved adoption of Resolution No. 2022-93 denying an amended (COA) request for building materials and changes to the front facade of 4633 Arden Avenue. Seconded by Member Staunton. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. X. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received X.A. MINUTES: HUMAN RIGHTS & RELATIONS COMMISSION, AUGUST 23, 2022 IX.B. MINUTES: ENERGY & ENVIRONMENT COMMISSION, SEPTEMBER 8, 2022 IX.C. MINUTES: PARKS & RECREATION COMMISSION, SEPTEMBER 13, 2022 XI. MANAGER'S COMMENTS — Received XI.A. QUARTERLY BUSINESS REPORTS XII. MAYOR AND COUNCIL COMMENTS — Received XIII. ADJOURNMENT Member Staunton made a motion, seconded by Member meeting at 8:37 p.m. Ayes: Anderson, Jackson, Pierce, Staunton, and Hovla Motion carried. Respectfully submitted, ackson, to adjourn the haron Allison, City Clerk Page 6 Minutes/E . i . City Council/October 18 2022 Minutes approved by Edina City Council, November I, 2022. a es B. ov an., Video Copy of the October 18, 2022, meeting available. Page 7