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HomeMy WebLinkAbout2023-07-18 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL JULY 18, 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 Colleen Curran, 6301 Rose Court, requested an update on the ADA pedestrian bridge requested by her neighborhood. She said they met staff and Bolton and Menk on proposed designs in April and received an update in May but hadn’t heard an update since regarding possible designs and status of the process which included the potential of a lift. Danny Schulstad, 6303 Rose Court, thanked the Council for their work and said he lived on the current walking/bike path and said that based on how much it was used had concerns about the proposed length of an ADA walkway over the freeway that could result in safety concerns. He suggested speaking with all users for their input and suggested a stairway and lift be created instead. Ana Martinez, 6216 Lockmore Drive, shared as a former student commissioner on the Energy and Environment Commission her disappointment for not supporting their proposal for single-use bags and encouraged the Council to reconsider. Adam Miller, 7233 Menardo Lane, shared about their current deck project and the delay by the City for a permit because of the need for a new survey. He explained the survey would result in delays and an additional cost because the deck changed in size and encouraged the City to identify a better solution to avoid the need for this additional survey. Janey Westin, 6136 Brookview Avenue, requested the Council increase time allowed for Community Comment to five minutes then shared concerns about PCD sections of the zoning code that were included on a public agenda but postponed as she felt there were no concerns with those sections of code and were currently understandable and no amendments were necessary. She requested language be amended regarding conditional uses that included total buy-out instead of buy-in for developers who wish to opt out of providing affordable units then spoke about public hearing notifications how the Planning Commission should not have been allowed to vote on a recent item because the amendments were not included in the public hearing notice and were in violation of State law. She spoke about the Drooling Moose’s request for a variance to change zoning for a use change and how the public was never notified of the request and requested the City follow the processes and laws as outlined to ensure the retention of their recent AAA bond rating. Minutes/Edina City Council/July 18, 2023 Page 2 Director of Engineering Millner responded that staff and the consultant were working on the proposed ADA bridge/ramp through development of a matrix for review of 10 options that included cost analysis and would be presented to the neighborhood first for their input. He said staff met with MnDOT regarding funding possibilities as well for project construction in 2025. Manager Neal said he would follow up with Mr. Miller regarding questions on his deck this week. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal, Director of Engineering Millner 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.K., Traffic Safety Report of April 25, 2023, and VI.U., Out-of- State Travel for City Council: VI.A. Approve Minutes of the Worksession and Regular Meeting of June 20, 2023 VI.B. Approve Claims for Payment for Check Register Claims Pre-List dated June 23, 2023, totaling $ 572,829.87, Check Register Claims Pre-List dated June 30, 2023, totaling $ 1,890,920.63, Check Register Claims Pre-List dated July 7, 2023, totaling $ 2,642,430.02, and Check Register Claims Pre-List dated July 7, 2023, totaling $ 3,226,588.99 VI.C. Adopt Ordinance No. 2023-08: An Ordinance Approving Chapter 35 of the Edina City Code Concerning the Edina West Housing Improvement Area and Resolution No. 2023-36 Approving the Fee for the Edina West Housing Improvement Area VI.D. Approve Summary Publication for Ordinance No. 2023-08: An Ordinance Approving Chapter 35 of the Edina City Code Concerning the Edina West Housing Improvement Area VI.E. Request for Purchase; Agreement with Sigma Tactical Wellness, awarding the bid to the recommended low bidder, SIGMA Tactical Wellness Cardiac Screening, $47,940.00 VI.F. Adopt Ordinance No. 2023-11, Renewing the Grant of a 10-Year Franchise to Comcast Minnesota, Inc. VI.G. Approve Summary Publication for Ordinance No. 2023-11, Renewing the Grant of a 10- Year Franchise to Comcast Minnesota, Inc. VI.H. Request for Purchase; Edinborough Park Gym Floor Recoating, awarding the bid to the recommended low bidder, H2I Group, Inc., $49,105 VI.I. Request for Purchase; Fox Meadow Park Playground Equipment, awarding the bid to the recommended low bidder, Landscape Structures, $66,750, and Installation with Flagship Recreation, $23,238 VI.J. Request for Purchase; Wooddale Park Playground Equipment, awarding the bid to the recommended low bidder, Minnesota Playground, Inc., $180,000 VI.K. Traffic Safety Report of April 25, 2023 VI.L. Adopt Ordinance No. 2023-10, Renewing the Grant of a 10-Year Franchise to CenterPoint Energy Minnesota Gas VI.M. Approve Construction Cooperative Agreement with Hennepin County and City of Bloomington VI.N. Approve Master Services Agreement with Garland/DBS, Inc. for Roofing Inspection and Design Services VI.O. Adopt Resolution 2023-47; Approving Parking Restrictions on France Avenue VI.P. Request for Purchase; City Hall Workspace Reconfiguration, awarding the bid to the recommended low bidder, Christianson’s Business Furniture, $28,524 VI.Q. Request for Purchase; ENG 23-9 McCauley Trail Phase 2 2023 Improvements, awarding the bid to the recommended low bidder, Max Steininger, Inc., $406,397 VI.R. Request for Purchase; Change Order No. 1 for 50th and France Parking Ramp Repairs, awarding the bid to the recommended low bidder, Ram Construction, $405,998 VI.S. Request for Purchase; Network Infrastructure Replacements, awarding the bid to the recommended low bidder, LOGIS, $59,413 Minutes/Edina City Council/July 18, 2023 Page 3 VI.T. Approve Cooperative Agreement with City of Bloomington for Maintenance of W. 78th Street VI.U. Out-of-State Travel for City Council Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.K. TRAFFIC SAFETY REPORT OF APRIL 25, 2023 – TABLED TO AUGUST 2, 2023 The Council spoke about residents questioning the validity of the data included in the traffic report and requested the item be tabled to include standards and mechanisms used for the recommendations then requested updates on the plans for sidewalks in the 49th Street area. Mr. Neal shared the item was incorrectly scheduled for this agenda as the traffic safety report had already been approved however the comments of Council were relevant and would be included at the next meeting for Council feedback. Member Pierce made a motion, seconded by Member Agnew Pierce, to remove consideration of the Traffic Safety Report of April 25, 2023 and direct staff to include a report on the data included in the report at the August 2, 2023, Council meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VI.U. OUT-OF-STATE TRAVEL FOR CITY COUNCIL – APPROVED The Council thanked the City for designating funds for training and learning and the importance of attending the summit instead and asked for an overview of Council budget for travel and training. Mr. Neal outlined the budget designated for Council training and travel of approximately $30,000 Member Pierce made a motion, seconded by Member Jackson, to approve out-of-state travel for City Council as presented. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VII.A. RESOLUTION NO. 2023-46; AUTHORIZING STAFF SUBMITTAL OF A COMPREHENSIVE PLAN AMENDMENT TO THE METROPOLITAN COUNCIL FOR THE CAHILL DISTRICT AREA PLAN – CONTINUED TO AUGUST 2, 2023 Community Development Coordinator Lewis shared The Cahill District was generally bounded by West 70th Street to the north, Cahill Road to the west, Highway 100 to the east, and the municipal boundary to the City of Bloomington directly south and was roughly 380 acres in size. Existing land uses were primarily light industrial and offices uses as well as some multi-family residential and community serving uses, such as neighborhood retail, post office, brewery, schools, and religious institutions. The area was developed in the 60s, 70s, and 80s and the nature of business and industrial parks had changed since this time and as a result, the Cahill District was identified in the previous two Comprehensive Plans as needing further study. He shared limits of the study area important area economically to the City that included 4,000-7,000 employees from many industrial areas. He spoke about the two-year time for the study and outlined the public engagement work conducted that included community workshops, focus groups, business surveys, developer panel sessions, and Better Together. He shared the agencies they interacted with that included Nine Mile Creek Watershed, CP Railway, Xcel Energy, Metro Transit, City of Bloomington, and Edina Public Schools and said staff was seeking authorization to submit the Comprehensive Plan amendment to the Metropolitan Council for review. Prior to submission to the Metropolitan Council, staff proposed making the changes noted in the response column of the "Jurisdictional Review Comments" table and following approval by the Metropolitan Council, the Cahill District Area Plan would be brought back to City Council for adoption. Minutes/Edina City Council/July 18, 2023 Page 4 David Alkire, Cahill District Area Plan Working Group Chair, thanked the members of the Working Group then reviewed the proposed plan for Cahill that included preservation of the industrial core, creation of a new neighborhood mixed use area in the northeast corner, new connections throughout, affirmed the 70th and Cahill Small Area Plan, advancement of numerous Climate Action Plan goals, and others. Haila Maze, Bolton & Menk, thanked the work group for their efforts and outlined their considerations that included protecting existing businesses, especially industrial, creation of a strong public realm, impacts of allowing new housing, anticipated benefits, and creating something unique to the region and a new employment-based destination. She spoke about development principles that anchored the plan’s development and highlighted the current infrastructure’s constraints such as gaining buildings, internal circulation, sewer capacity, lack of public realm, flooding and stormwater concerns. She outlined the selected organizing framework of open to business defined by industrial services and office use while introducing high employment offices along the east and south edges of the district. She reviewed the proposed land use plan in detail that included the business node, industrial node, high employment area, and neighborhood mixed use then reviewed the public realm plan that included enhanced streetscapes, pedestrian-oriented activity areas, regional stormwater opportunities, street network typology, CP trail, Dewey Hill intersection, and transit. She spoke about the multimodal connection plans and outlined next steps with the goal for Metropolitan Council submission on August 3 and final Council adoption October 17. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 8:47 p.m. Public Testimony Janey Westin, 6136 Brookview Avenue, addressed the Council. Ralph Zicktur, 4311 Cornelia Circle, addressed the Council. Steve Brown, 5528 Halifax Lane, addressed the Council. Dan Eaton, 5712 Parkwood Lane, addressed the Council. Barbara Hoganson, 6724 Duncan, addressed the Council. Member Jackson made a motion, seconded by Member Agnew, to close the public hearing at noon on July 24, 2023, and continue action on consideration of Resolution No. 2023-46, authorizing staff submittal of a Comprehensive Plan Amendment to the Metropolitan Council for the Cahill District Area Plan, to the August 2, 2023 meeting. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII. REPORTS/RECOMMENDATIONS VIII.A. RESOLUTION NO. 2023-48; ACCEPTING DONATIONS – ADOPTED Member Pierce introduced and moved adoption of Resolution No. 2023-48, accepting donations. Seconded by Member Jackson. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.B. DEVELOPMENT AGREEMENT WITH EDINA WEST CONDOMINIUM ASSOCIATION – APPROVED Affordable Housing Development Manager Hawkinson shared this item pertained to the use of General Obligation Bonds to repay a short-term construction loan related to the creation of a Housing Improvement Minutes/Edina City Council/July 18, 2023 Page 5 Area (HIA) for Edina West Condominium Association. She shared the development was in need of repair due to age of the buildings and the Association would oversee common area improvements financed with a loan from the City. Repayment of the loan would be through a fee placed on the members’ individual property tax statements. She stated the redevelopment agreement was based on Ordinance 2023-08 approving Chapter 35 of the Edina City Code and Resolution 2023-36 approving the fees for the Edina West Housing Improvement Area. A public hearing pertaining to the ordinance and resolution was held June 6 and closed July 10 and noted over 70% of members signed the petition and agreed to the fee then outlined the estimated request of $3.9 million and work that included siding, insulation, concrete work, grading, roof, and electrical work. She reviewed the development agreement in detail and repayment process and said staff recommended the development agreement be approved. The Council asked questions and provided feedback. Grant Turpin, Dorsey and Whitney, said City did good job with the petitioning process that required more than State law requires because from a security standpoint it placed the City in the best position for financial protection. Member Jackson made a motion, seconded by Member Agnew, to approve the development agreement with Edina West Condominium Association as presented. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.C. STRACHAUER PARK MASTER PLAN – APPROVED Parks and Recreation Director Vetter stated The Strachauer Park master plan process was initiated to create a larger vision for the park. Capital funding for playground equipment was identified, however, the parks current and future needs were yet to be identified. Staff wanted to ensure the investment into playground equipment would complement the future needs of the park. A master plan allowed the City to enact the vision through phases with overarching goals and themes. He said Confluence was hired as a design team to provide professional services and assist staff with public engagement utilizing the newly created Values Viewfinder process. Feedback was used to prepare concept plans for the master planning process, including the playground replacement improvements. Staff followed a public participation plan that involved public at numerous points throughout the process and on April 11, 2023 the Parks & Recreation Commission (PARC) provided positive feedback in support of the preferred concept and recommended master plan. Terry Minarik, Confluence, shared their work in providing four proposed concept plans then stated this was a greatly valued park but was wearing out and outlined considerations such as athletic fields, impacts of freeway, and use of the park for more diversified programming. He outlined how they collected feedback and identified flexible space that included courts, fields, and dog park, as well as landscaping and building needs. He outlined the proposed phases and proposed funding. The Council asked questions and provided feedback. Member Agnew made a motion, seconded by Member Pierce, to approve the Strachauer Park Master Plan as presented. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.D. FRED RICHARDS PARK WETLAND BANKING RECOMMENDATION – APPROVED Park Planner Finberg stated the Fred Richards Park master plan approved in 2017 included the major themes to restore natures role, create pathways to play and health, and invite the whole community. These goals were incorporated and reflected in the creation of a Central Green, Nature Bank, and Great Lawn and Loop. The Nature Bank aspect of the project specifically enforced the goal to restore natures role and said this was accomplished by restoration of wetlands and enhancement for wildlife and user experience and provided educational components. She said the site was 17 acres then outlined the proposed restoration work in Minutes/Edina City Council/July 18, 2023 Page 6 detail and said staff recommendation was to pursue the wetland banking process based off information evaluated included in the staff report. She said if approved the next step was to approve the request for purchase for the wetland banking design contract with Confluence which followed on the agenda. Jason Naber, EOR, explained more about the proposed mitigation bank that included restrictions on use and performance standards, credit potential, and onsite mitigation. He spoke about the proposed phasing plan that included construction in 2026 and the potential realized credit value over five years of $1.3 million. He shared work completed to date. Mr. Minarik shared how the design included boardwalks, play areas and educational areas as well as potential for outdoor classroom space and programming opportunities that could be conducted on the peripheral of the bank only but would be designed to accommodate those activities. The Council asked questions and provided feedback. Member Agnew made a motion, seconded by Member Pierce, to approve staff recommendation to establish and implement a permanent wetland banking at Fred Richards Park as laid out in the approved master plan. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.E. REQUEST FOR PURCHASE; FRED RICHARDS PARK WETLAND BANKING DESIGN SERVICES – APPROVED Mr. Vetter stated since the Council approved the Fred Richards Park wetland banking recommendation, they were asked to approve the request for purchase for design services to implement the banking phase of the overall project. The Fred Richards Park master plan included 17 acres of wetland restoration and wetland banking as a component of the Nature Bank area. The process included formal applications and approvals of regulatory agencies and the banking process would create quality wetlands and was an environmental stewardship commitment from City of Edina. Member Risser made a motion, seconded by Member Jackson, to approve request for purchase for Fred Richards Park wetland banking design services with Confluence for $164,400. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Main motion carried. VIII.F. PETITION RESPONSE; MORNINGSIDE C PETITION FOR EQUITABLE ASSESSMENT - APPROVED Director of Engineering Millner stated at the June 6, 2023 City Council meeting, the City Council received community comments from residents of the Morningside C Neighborhood. The Council officially received their petition at the June 20 City Council meeting. He outlined the assessment differences and how the properties were wider lots at 57 feet compared to 41 feet as well as inflation increases that resulted in a 17% increase from 2022 then reviewed work from the 2020 Street Funding Task Force. He said based on the data analysis staff recommended no further action was required as the Special Assessment Policy had been applied consistently for approximately 20 years on street reconstruction projects. Member Agnew made a motion, seconded by Member Pierce, to direct staff to take no further action on the Morningside C Petition for Equitable Assessment as the Special Assessment Policy has been applied consistently for approximately 20-years on street reconstruction projects. The Council asked questions and provided feedback. Rollcall: Minutes/Edina City Council/July 18, 2023 Page 7 Ayes: Agnew, Jackson, Pierce, Hovland Nays: Risser Motion carried. VIII.G. 2023-2024 STUDENT COMMISSION APPOINTMENTS – APPROVED Member Jackson provided a summary of the student commission appointment process and commented how impressive all 33 applicants were and thanked them for applying. Member Jackson made a motion, seconded by Member Agnew, to approve student commissioners with terms starting September 1, 2023, and ending September 1, 2024 as presented: Arts & Culture Commission - Kawthar Benarouch - Alexandria Li Community Health Commission - Anoushka Jha - Jay Shapiro Energy & Environment Commission - Griffith Pugh - Angela Langsweirdt Heritage Preservation Commission - Kathleen Kiely - Sanjana Varadhan Human Rights & Relations Commission - Devarsh Borah - Muna Mohamud-Karie Parks & Recreation Commission - Alessandra DiLorenzo - Sonja Holtey Planning Commission - Alexander Schultze - Sarah Hu Transportation Commission - Evangelia Karoussos - Samuel Donnelly. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.H. RESOLUTION NO. 2023-49; APPROVING PROPOSED LOCAL SALES TAX QUESTION ON SPENDING PLAN AMENDMENT AND AUTHORIZING ELECTION THEREON DURING THE 2023 GENERAL ELECTION – ADOPTED Mr. Neal stated Resolution No. 2023-49 approved ballot language for the City’s local option sales tax referendum question for the 2023 election. The City was authorized to pose this ballot question to Edina voters by an act of the Minnesota State Legislature in 2023. The resolution also authorized the referendum question to be on the ballot in November 2023. If approved by the City Council, the resolution and ballot language would be forwarded to Hennepin County for inclusion on City ballots for the 2023 General Election with early voting to begin in September 2023. He noted that based on review of two months of sales tax receipts experience if passed the local sales tax would average over $6 million per year. He noted the ballot question could not be included on a special election but needs to be done within the next two years and noted the upcoming general election was scheduled for a date and time when residents were expecting a vote for all school districts in the City and that staff was comfortable including it on this year’s ballot. Mr. Neal shared more about the proposed ballot question and how it was drafted. City Attorney Kendall spoke about the requirement for any question approval occurring at a general election and while the upcoming school board election was a general election there were no City offices on the ballot but that staff felt this action met the definition to include on the 2023 election. He said staff did not believe it was the intent of the legislation to force a city to wait until 2024 then spoke about the desire for meaningful participation and how the legislature did not include language that stated inclusion of City offices. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-49, approving proposed local sales tax question on spending plan amendment and authorizing election thereon during the 2023 General Election. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received Minutes/Edina City Council/July 18, 2023 Page 8 IX.A. MINUTES: COMMUNITY HEALTH COMMISSION, FEBRUARY 13, MARCH 13, APRIL 10, 2023 X.B. MINUTES: ARTS AND CULTURE COMMISSION, APRIL 27, 2023 X.C. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, MAY 11, 2023 X.D. MINUTES: TRANSPORTATION COMMISSION, MAY 18, 2023 X.E. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, MAY 23, 2023 X. MANAGER’S COMMENTS – Received X.A. PREP MEMO JULY 18, 2023 XI. MAYOR AND COUNCIL COMMENTS – Received XII. ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 10:51 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, August 2, 2023. James B. Hovland, Mayor Video Copy of the July 18, 2023, meeting available.