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.