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HomeMy WebLinkAbout2023-06-20 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL JUNE 20, 2023 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m. then shared the procedure for public hearing and community comment. II. ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Jackson made a motion, seconded by Member Agnew, to approve the meeting agenda as presented. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. V. COMMUNITY COMMENT Janey Weston, 6136 Brookview Avenue, shared concerns about neighborhood oak trees remaining viable during construction work by TJB Builders at 6129 Oaklawn. She spoke about storing dirt near their trees and the resulting lack of water due to the current drought then shared photos of the construction and comments made by the builder when they were approached with the concerns. Andy Brown, 5512 Park Place, shared concerns about costs and purchase of the F150 Lightning and the need for discussion regarding former Fire Station 2 as a secondary police station to address crime in the area. He commented about the lack of condolences shown by the City to the families and Somali community regarding the recent incident on Lake Street that resulted in the deaths of two Edina High School graduates and shared his belief that the City lacked empathy and cared more about developers in Edina than residents. The Council responded members had attended the funeral on behalf of the City and shared the City’s sorrow for the loss of these extraordinary young women. The Council also shared work with Simon Development regarding options for the former Fire Station 2 site. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal, Director of Engineering Millner, and Public Works Director Olson responded to Community Comments at 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.E., Cooperative Agreement with City of Bloomington for Maintenance of W. 78th Street, VI.H., Request for Purchase; CloverRide Circular Bus, and VI.N, Request for Purchase; Design Services for Fred Richards Park: VI.A. Approve Minutes of the Worksession and Regular Meeting of June 6, 2023 VI.B. Approve Claims for Payment for Check Register Claims Pre-List dated June 9, 2023, totaling $948,236.63 and Check Register Claims Pre-List dated June 16 19, 2023, totaling $1,459,976.04 VI.C. Adopt Resolution No. 2023-45 Authorizing Interfund Loan in Connection with the Eden/Willson Tax Increment Financing District Minutes/Edina City Council/June 20, 2023 Page 2 VI.D. Request for Purchase; 2024 Paint Striper EZ Liner A1-220 Truck, awarding the bid to the recommended low bidder, Vogel Traffic Services, $462,997 VI.E. Cooperative Agreement with City of Bloomington for Maintenance of W. 78th Street VI.F. Request for Purchase; Public Works Audio Visual System Replacement, awarding the bid to the recommended low bidder, Bluum of Minnesota, $107,681 VI.G. Request for Purchase; Change Order #1 Edinborough Park Building Automation System Controls, awarding the bid to the recommended low bidder, NAC Mechanical, $14,030 VI.H. Request for Purchase; CloverRide Circular Bus VI.I. Request for Purchase; 2023 Pavement Rejuvenation, awarding the bid to the recommended low bidder, Corrective Asphalt Materials, $150,563 VI.J. Request for Purchase; France Avenue Sidewalk, W. 68th to W. 60th Streets, awarding the bid to the recommended low bidder, Ti-Zak Concrete, Inc., $618,330 VI.K. Request for Purchase; Design Services for York Avenue Trunk Sanitary Sewer Expansion, awarding the bid to the recommended low bidder, SEH, Inc., $183,168 VI.L. Adopt Resolution No. 2023-43; Approving Parking Restrictions on Claremore Drive VI.M. Request for Purchase; Edinborough Park Rooftop Cooling Units Repair, awarding the bid to the recommended low bidder, Daikin Applied, $34,010 VI.N. Request for Purchase; Design Services for Fred Richards Park VI.O. Approve Liability Coverage Statutory Limits VI.P. Approve 2023-2024 City Insurance Renewal VI.Q. Approve Transportation Commission Appointment VI.R. Accept Petitions for Equitable Assessment for Morningside C Neighborhood Roadway Reconstruction and No Parking at 5120 France Avenue South Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.E. COOPERATIVE AGREEMENT WITH CITY OF BLOOMINGTON FOR MAINTENANCE OF W. 78TH STREET – TABLED TO JULY 18, 2023 Mr. Neal requested Council table consideration of the cooperative agreement to allow both cities to complete agreement review. Member Jackson made a motion, seconded by Member Pierce, to table consideration of the Cooperative Agreement with City of Bloomington for Maintenance of W. 78th Street until July 18, 2023. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VI.H. REQUEST FOR PURCHASE; CLOVERRIDE CIRCULAR BUS – AWARDED The Council inquired about ways to socialize CloverRide to increase ridership and how hours were established and the possibility of expansion. Mr. Neal responded the contract was necessary for action to avoid lapse in service then spoke about the goal to connect senior housing residents to retail areas and shared restrictions based on Statutory limitations. Mr. Neal said while there were some expansion opportunities, they would need to be weighed against the costs. Mr. Millner added correspondence regarding CloverRide was shared with residents in the Southdale district as well with all development projects then noted word of mouth was best. He shared an advisory committee existed and would work to adjust stops as needed. The Council requested further information on CloverRide be shared at a future worksession. Minutes/Edina City Council/June 20, 2023 Page 3 Member Agnew made a motion, seconded by Member Pierce, to approve request for purchase; CloverRide Circular Bus, awarding the bid to the recommended low bidder, DARTS, $25,000. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VI.N. REQUEST FOR PURCHASE; DESIGN SERVICES FOR FRED RICHARDS PARK – AWARDED The Council inquired about the Three Rivers Park District regional trail and confirmed they were aware of this purchase and its effect on the trail opening as the community wished to see the trail remain open. Mr. Neal explained standard practice included creation of a park master plan that included public engagement. Parks and Recreation Director Vetter confirmed staff had engaged both Three Rivers Park District and 9- Mile Creek as regulators and approvers as well as potential partners for this project then referred to their greater presence in the area from the nature bank, central green, great loop, and trail function overall. Member Risser made a motion, seconded by Member Agnew, to approve request for purchase; design services for Fred Richards Park, awarding the bid to the recommended low bidder, Confluence, Inc., $1,220,527. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. ORDINANCE NO. 2023-11; RENEWING THE GRANT OF A 10-YEAR FRANCHISE TO COMCAST MINNESOTA, INC. – FIRST READING GRANTED Mr. Neal said the Southwest Suburban Cable Commission was comprised of five cities that included Eden Prairie, Minnetonka, Richfield, Hopkins and Edina and that each member city adopted a cable franchise in 2012, that granted Comcast a 10-year franchise with an effective date of August 1, 2012. The Commission had been engaged in franchise renewal activities and discussions throughout most of 2022 and that due to delays finalizing the Needs Assessment Report and related matters, negotiations to renew the franchise were extended beyond the deadline. The franchise negotiations had been completed and a new 10-year franchise agreement was reviewed and endorsed by the Southwest Suburban Cable Commission on May 24, 2023 and the commission recommended approval of the new franchise. Mr. Brian Grogan, Southwest Suburban Cable Commission administrator and legal counsel, briefed the Council on the content of the new franchise. He shared about the changing industry of cable, background of the renewal process, and key provisions of the new franchise and said the purpose was to regulate Comcast as the cable operator. He spoke about how the industry would address declining revenue as residents continue to move towards streaming then shared the approved agreement included a 10-year term with 5% franchise fee on Comcast’s gross revenues. He spoke about the strong customer service standards and right-of-way management to allow for infrastructure then shared about the three PEG channels and fees of 1.5% designated for capital purchases. The Council asked questions and provided feedback. Member Jackson moved to grant First Reading to Ordinance No. 2023-11, Renewing the Grant of a Franchise to Comcast of Minnesota, Inc. To Operate and Maintain A Cable System in The City of Edina, Minnesota; Setting Forth Conditions Accompanying the Grant of The Franchise; Providing for City Regulation and Administration of The Cable System; And Terminating Ordinance No. 2012-14. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII.B. 2023 QUALITY OF LIFE SURVEY – RECEIVED Minutes/Edina City Council/June 20, 2023 Page 4 Mr. Neal stated the City conducted a quality of life survey every other year that provided powerful data that was integrated as part of the biennial budget preparation. Kim Danne, Polco, provided results of the 2023 Quality of Life Survey and thanked Communications Director Bennerotte for her input and feedback throughout the process. She discussed survey methodology and benchmark comparisons nationally and in Minnesota then shared the probability-based sample used of 2,000 households with 475 total responses received or a 25% overall response rate. She reviewed key findings of the survey that showed Edina residents enjoyed an exceptional quality of life and while residents generally felt safe the feeling of safety had declined in some areas of the city and the perception of some types of crime had increased. She said City services continued to be highly rated and residents identified opportunities for improvements with housing and development. She reviewed overall community characteristics that included health and wellness opportunities, overall economic health, education and enrichment, established “built environment”, and overall image or reputation of Edina. Ms. Danne outlined specific characteristics including shopping, fitness, recreational, and adult education opportunities, quality of business and service, cleanliness of the City, and education then shared specific data input on crime, quality of drinking water and garbage collection, parks and recreation use including parks and spoke about the need for more opportunities for housing and development improvement. The Council asked questions and provided feedback. VII.C. RACE & EQUITY ANNUAL REPORT – RECEIVED Race & Equity Manager Lee stated in 2016, the Edina City Council approved a Race & Equity Task Force, which was resident led, to provide recommendations on how the City can advance race and equity work in local government. Every year since 2018, staff members had engaged in creating and implementing work plan items which a race and equity lens was needed. She shared history of work since 2018 that included creation of the task force, renaming of Garden Park to Yancey Park, hosted conversations on race, justice and policing, participation in Just Deeds Program, renouncement of discriminatory covenants on City-owned parcels, and the City’s first Juneteenth community celebration. She shared how the quality of life survey showed the increasing importance for residents that Edina focused on creating a diverse and inclusive city then shared racial and ethnic demographics since 1980. Ms. Lee reviewed the themes and outcomes of the report and focus on accountability and data collection as well as proposed changes to City facilities and services such as scholarship program options, wayfinding signage, and snowplow route review and design to ensure a race and equity lens was included in all services to community members. She shared continued community engagement and communications work that included process development for perceived bias or discriminatory incidents, boards and commissions recruitment, and use of LanguageLine tool for City guests, zoning and land use regulations review that could create barriers to affordability and inclusion and enhancement of affordable housing to prevent displacement of community members and employee training and diversity. The Council asked questions and provided feedback. VII.D. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR YEAR ENDED DECEMBER 31, 2022 – RECEIVED Assistance Finance Director Thao introduced CliftonLarsonAllen LLP (CLA) who audited the financial statements of the City. Michelle Hoffman, CLA, presented the audit results that included an unqualified or clean opinion that stated in their judgement the City's financial records and statements were fairly presented and in accordance with Generally Accepted Accounting Principles (GAAP). She reviewed the required communications that provided reasonable but not absolute assurance, reviewed significant accounting estimates and policies, and noted they received full cooperation from management during the audit. She said the unmodified opinion for fiscal year 2022 was the best opinion that could be issued with no findings noted for Minnesota legal compliance then reviewed revenues were 6% over budget with expenditures of 1% over budget. She outlined fund balances as a percentage of expenditures then reviewed utilities, aquatic center, golf course, Minutes/Edina City Council/June 20, 2023 Page 5 arena, and liquor fund operations and emerging issues that included subscription-based technology arrangement and compensated absences new requirements. The Council asked questions and provided feedback. VIII. REPORTS/RECOMMENDATIONS VIII.A. RESOLUTION NO. 2023-41; ACCEPTING DONATIONS – ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2023-41, accepting donations. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.B. COMMUNITY HEALTH AND SAFETY CENTER (FIRE STATION 2) PROJECT BUDGET AMENDMENT – APPROVED Fire Chief Slama stated staff had worked through preliminary design on the Community Health and Safety Center (Fire Station 2) with costing estimates for the proposed project being higher than estimated when bonding for the project was completed. He reviewed design options and costing estimates for each option for consideration then shared the overall budget progression since June 2022 and stated at the 30% design phase the total construction costs were estimated at $23,177,615 with an owner contingency of $1,800,000 that included a potential overage of $3,742,325 that did not include the $1.55 million in state grant and tax refund. He spoke more about design changes that had been incorporated that included square footage reductions as well as reductions in sustainability, walkability, glazing, and architectural features and the recommendation that allowed for the character of the station to remain based on a three-station model, allowances for sustainability to continue to be pursued and avoidance of additional space a programming reductions. Trace Jaques, BKV, reviewed the three options in further detail and requested Council input based on the staff-recommended better option that included stone, functional areas, living quarters, public health space, and other elements. The Council asked questions and provided feedback. Member Pierce made a motion, seconded by Member Jackson, to approve the proposed budget increase for the Community Health and Safety Center (Fire Station #2) based on the staff-recommended better choice preliminary design as presented. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.C. ORDINANCE NO. 2023-08; AN ORDINANCE APPROVING CHAPTER 35 OF THE EDINA CITY CODE CONCERNING THE EDINA WEST HOUSING IMPROVMEENT AREA – FIRST READING GRANTED Affordable Housing Development Manager Hawkinson stated a public hearing was held on June 6 and closed June 12 regarding the establishment of the Edina West Housing Improvement Area. She said this if approved this would be a financing mechanism where the Edina West Condominium Association could borrow money from the City to pay off a construction loan for common area improvements. The loan would be repaid through an assessment or fee placed on the owners' property taxes and that second reading was scheduled for July 18. The Council asked questions and provided feedback. Member Pierce moved to grant First Reading to Ordinance No. 2023-08, enacting Chapter 35 of the Edina City Code concerning the Edina West Housing Improvement Area. Seconded by Member Jackson. Minutes/Edina City Council/June 20, 2023 Page 6 Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.D. RESOLUTION NO. 2023-42; AWARDING THE SALE OF $11,445,000 GENERAL OBLIGATION BONDS, SERIES 2023A – ADOPTED Mr. Neal stated the issuance of the City's General Obligation Bonds, Series 2023A had two purposes: provide $1,270,000 for the Morningside C road reconstruction project and paid from special assessments levied on the properties benefitting from the project and $10,175,000 for sanitary sewer lift stations #6 and #3 projects and utility work on Brook Drive. Nick Anhut, Ehlers & Associates, presented the results of the bond sale. He spoke about the City requested bond ratings from both Moody's and S&P as "AAA" rating to this issuance that showed the City’s credit strengths as very strong based on economy, budgetary performance and flexibility, management, financial policies and practices, and liquidity. He shared about the credit challenge mentioned by S&P as the increasing debt burden over the next several years that included a significant increase if the local option sales tax referendum was approved by voters this fall. He said six bids were received with a spread of 0.0786% with Piper Sandler & Company as the lowest bidder. He said the amount would be lowered to $10,270,000 based on the net premium of $1.1 million paid by the underwriter upfront that delivered $11.135 million in net bond proceeds for projects for a true interest cost of 3.0124%. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-42, Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $10,270,000 General Obligation Bonds, Series 2023A. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.E. ORDINANCE NO. 2023-06; AMENDING CHAPTER 36 OF THE EDINA CITY CODE CONCERNING SOLAR ENERGY SYSTEMS AND ELECTRIC VEHICLE SUPPLY INFRASTRUCTURE – ADOPTED Sustainability Manager Hancock stated this proposed City zoning code amendment sought to clarify and simplify existing code related to renewable energy installations and add electric vehicle language, to better guide projects voluntarily adding on-site solar or electric vehicle charging infrastructure and ensure progress on Edina Climate Action Plan goals. She reviewed examples of the ordinance if adopted that would allow residents to install solar energy systems on carports, ground mounted systems via variances, and the proposed cap for EVSE chargers which would be unique in Edina but addressed potential fire safety concerns until more direction was received from the National Fire Protection Association. She also spoke about potential parking reduction incentives in correlation of installation of EVSE should Council wish to consider. Member Jackson moved to grant Second Reading adopting Ordinance No. 2023-06, Amending Chapter 36 Concerning Solar Energy Systems and Electric Vehicle Supply Infrastructure. Seconded by Member Pierce. The Council asked questions and provided feedback. Bridget Rathsack, WSB Engineering, commented how EV infrastructure required more space in parking and resulted in loss of parking spaces and ADA requirements and parking potential. Member Agnew made a motion, seconded by Member Jackson, to amend Section 36-1324, Parking Space Requirements, (4), a five percent reduction in parking will be allowed if ten percent or more parking stalls are served by EVSE. Five percent of the parking stalls will be calculated before the reduction, rounded to the nearest whole number. Minutes/Edina City Council/June 20, 2023 Page 7 Rollcall: Ayes: Agnew Nays: Jackson, Pierce, Risser, Hovland Amended motion failed. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Main motion carried. VIII.F. SUMMARY PUBLICATION FOR ORDINANCE NO. 2023-06; AMENDING CHAPTER 36 OF THE EDINA CITY CODE CONCERNING SOLAR ENERGY SYSTEMS AND ELECTRIC VEHICLE SUPPLY INFRASTRUCTURE – APPROVED Member Agnew made a motion, seconded by Member Pierce, to approve summary publication for Ordinance No. 2023-06, Amending Chapter 36 Concerning Solar Energy Systems and Electric Vehicle Supply Infrastructure. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.G. RESOLUTION NO. 2023-44; APPROVING LAWS 2023 SESSION, CHAPTER 64, ARTICLE 10, SECTION 17, TO REVISE SPENDING PLAN FOR SALES AND USE TAXES – ADOPTED Mr. Neal stated at the request of the City Council, the Minnesota State Legislature adopted an amendment during the 2023 legislative session to the sales and use tax that was approved by Edina voters on November 8, 2022. The amendment would allow the City to revise the approved spending plan for sales and use taxes that was dedicated to an arena expansion and improvement plan for Braemar Arena. The revision increased the amount of approved spending on the project from $21.6 million to $53.3 million, an increase of $31.7 million. For this legislation to become effective, the City Council must take two actions, one of which included approval of a resolution acknowledging and approving the Minnesota Session Laws For 2023, Chapter 64, Article 10, Section 17. If approved, staff would process through the appropriate legal channels in State government and following that process Council could take the second action to make this legislation effective which would be to approve the referendum question and direct staff to contact Hennepin County to schedule the required public referendum at a future general election. Member Agnew introduced and moved adoption of Resolution No. 2023-44, approving Minnesota Session Laws for 2023, Chapter 64, Article 10, Section 17, allowing the City to revise its spending plan for the sales and use taxes authorized by Edina voters on November 8, 2022, subject to a majority of Edina voters approving the proposed revised spending plan in a public referendum to be scheduled at a future general election. Seconded by Member Jackson. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.H. RESOLUTION NO. 2023-39; APPROVING RIGHT-OF-WAY EASEMENT VACATION AT 4660 WEST 77TH STREET – ADOPTED Mr. Millner stated no comments were received on the BetterTogetherEdina.org website related to this item. As a condition of development projects, the Engineering Department required developers to review and vacate easements that were no longer needed. This application was associated with the project hearing completion by Solhem Companies that requested easements be vacated at 4660 West 77th Street. The easements were an unneeded drainage easement and ingress and egress easement and staff recommended approval. Member Jackson introduced and moved adoption of Resolution No. 2023-39, vacating right-of- way easement at 4660 West 77th Street. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Minutes/Edina City Council/June 20, 2023 Page 8 Motion carried. VIII.I. SUBMISSION OF PROPOSED PROJECT TO STATE OF MINNESOTA’S CAPITAL BONDING BILL PROCESS – AUTHORIZED Mr. Neal stated the Minnesota Department of Management and Budget (MMB) managed the State’s capital budget and bonding process. The department had initiated the 2024 bonding bill process and the deadline for first submission for potential 2024 projects from local governments was June 16. Given the deadline, staff moved forward and submitted a project to MMB as a placeholder and requested Council formally authorize that submission. Mr. Millner shared an update on the project for replacement of the TH100 Bridge at Vernon Avenue and 50th Street with a Tight Diamond Interchange. He reviewed the background and project goals for the project for 2025 construction as a combined City/County project that totaled $10,590,000 with the alternative for a wider bridge design and recommended Council approve the 2024 capital funding request. The Council asked questions and provided feedback. Member Risser made a motion, seconded by Member Jackson, to authorize submission of the TH100 at Vernon Ave / 50th Street Interchange Improvements to the State Legislature’s 2024 Capital Funding Request Process. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received IX.A. MINUTES: PARKS AND RECREATION COMMISSION, MAY 9, 2023 IX.B. MINUTES: HUMAN RIGHTS AND RELATIONS ADVISORY COMMUNICATION RESUBMISSION X. MANAGER’S COMMENTS – Received XI. MAYOR AND COUNCIL COMMENTS – Received XII. ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 11:15 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, July 18, 2023. James B. Hovland, Mayor Video Copy of the June 20, 2023, meeting available.