HomeMy WebLinkAbout2023-08-02 City Council Meeting MinutesPage 1
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
AUGUST 2, 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 Pierce, to approve the meeting agenda
as presented.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
V. COMMUNITY COMMENT
Kent Kramer, 5713 Parkwood Lane, shared concerns regarding current City policy of notifying property
owners within 1,000 feet of a proposed project as it was not adequate and encouraged the Council and HRA
to expand the notification area. He encouraged better consideration of constituents of the Parkwood Knolls
neighborhood regarding the proposed development and felt that developer-led planning was occurring and
not City-led.
Andy Brown, 5512 Park Place, referred to recent car thefts in the City, asked for an update on what crimes
actually occurred, and encouraged the Council and staff to consider supplemental resources or plan to best
address increased crime.
Janey Westin, 6136 Brookview Avenue, shared information regarding the recent variance granted at the
Drooling Moose and performance standards that regulated permitted use and principal uses. She stated the
Planned Industrial District referenced warehousing of nonperishable products and said she believed
chocolate as sold by the Drooling Moose was in fact perishable. She shared a visual from the League of
Minnesota Cities related to pyramid of discretion for variances and that they should not continue to be
discretionary, especially with regard to the Cahill District.
Daniel Eaton, 5712 Parkwood Lane, supported Mr. Kramer’s earlier comments and asked when and how
the community was allowed to comment on City agenda items then shared concerns with agenda schedules
that could prohibit the community to comment.
The Council explained the current comment and public hearing process regarding items before the City.
Manager Neal further explained the public process had changed over time to allow the most to be able to
speak and expand the venues for comment and noted the Council Chambers was just one method.
V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS
Manager Neal responded to Community Comments at the last meeting.
VI. CONSENT AGENDA ADOPTED AS AMENDED
Minutes/Edina City Council/August 2, 2023
Page 2
Member Jackson made a motion, seconded by Member Agnew, approving the consent agenda
as amended, removing Items VI.O., Transportation Commission Mid-Year Work Plan
Modification:
VI.A. Approve Minutes of the Worksession and Regular Meeting of July 18, 2023
VI.B. Approve Claims for Payment for Check Register Claims Pre-List dated July 14, 2023,
totaling $3,226,588.99 and Check Register Claims Pre-List dated July 21, 2023, totaling
$1,751,398.00
VI.C. Request for Purchase; Parks and Recreation Staff Development Training, awarding the
bid to the recommended low bidder, Davidson Consulting and Coaching, LLC for
$25,730
VI.D. Request for Purchase; Professional Services Proposal for Braemar Golf Course
Clubhouse, Maintenance Buildings Facility Assessment and Market Study, awarding the
bid to the recommended low bidder, I & S Group, Inc. (DBA as ISG, Inc.) for $64,300
VI.E. Request for Purchase, Professional Design Services Proposal for Braemar Golf Dome
Food and Beverage Expansion Analysis, awarding the bid to the recommended low
bidder, G & S Group, Inc. (DBA as ISG, Inc.) for $42,400
VI.F. Request for Purchase, Braemar Arena Zamboni Repairs, awarding the bid to the
recommended low bidder, R & R Specialties, Inc. for $24,217
VI.G. Request for Purchase, Edina Liquor Southdale Product Inventory, awarding the bid to
the recommended low bidder, Breakthru Beverage Minnesota Beer LLC for $23,392
VI.H. Request for Purchase, Edina Liquor Grandview Product Inventory, awarding the bid to
the recommended low bidder, Breakthru Beverage Minnesota Beer LLC for $26,432
VI.I. Request for Purchase, 2024 Kabota M4 Tractor and Attachments, awarding the bid to
the recommended low bidder, Lano Equipment for $88,768
VI.J. Request for Purchase, 2023 Chrysler Pacifica Hybrid, awarding the bid to the
recommended low bidder, Apple Chrysler Shakopee for $50,190
VI.K. Request for Purchase, 2023 Metal Pless Blade, awarding the bid to the recommended
low bidder, Lano Equipment for $36,900
VI.L. Request for Purchase, Well 10 Preliminary Study, awarding the bid to the
recommended low bidder, Bolton and Menk for $25,700
VI.M. Request for Purchase, Starchase Pursuit Invention, awarding the bid to the
recommended low bidder, Starchase LLC for $50,000
VI.N. Accept Staff Response; Lake Cornelia Traffic Safety Petition
VI.O. Transportation Commission Mid-Year Work Plan Modification
VI.P. Approve Traffic Safety Reports of May 30 and June 27, 2023
VI.Q. Adopt Ordinance No. 2023-10, Renewing the Grant of a 10-Year Franchise to
CenterPoint Energy Minnesota Gas
VI.R. Approve Summary Publication for Ordinance No. 2023-10, Renewing the Grant of a 10-
Year Franchise to CenterPoint Energy Minnesota Gas
VI.S. Request for Purchase, Painting South Ramp 50th and France, awarding the bid to the
recommended low bidder, Painting by Nakasone Inc. for $50,000
VI.T. Request for Purchase, Citywide Roof Assessment, awarding the bid to the
recommended low bidder, Garland/DBS for $81,600
VI.U. Request for Purchase, Salvage Interior Materials at New Fire Station #2, 4401 W. 76th
Street, awarding the bid to the recommended low bidder, Better Futures Minnesota
for $44,532.
VI.V. Approve Release of Development Agreement with Millennium Edina, LLC, and
Approve Declaration of Restrictive Covenants
VI.W. Approve Special Permit to Use City Property with Service of Alcohol for Mr. Paul’s
Supper Club
Rollcall:
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
Minutes/Edina City Council/August 2, 2023
Page 3
ITEMS REMOVED FROM THE CONSENT AGENDA
VI.O. TRANSPORTATION COMMISSION MID-YEAR WORK PLAN MODIFICATION –
APPROVED
The Council thanked the Transportation Commission and Chair Lewis for their work and focus on valued
community engagement and applauded their work.
Member Jackson made a motion, seconded by Member Agnew, to approve Transportation
Commission mid-year work plan modification.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
VII. SPECIAL RECOGNITIONS AND PRESENTATIONS
VII.A. MINNESOTA RECREATION AND PARK ASSOCIATION AWARDS OF EXCELLENCE –
RECEIVED
Recreation Supervisor Fulton stated each year the Minnesota Recreation and Park Association (MRPA)
recognized agencies or organizations in Minnesota for outstanding achievements. She said a major goal of
the Awards of Excellence program was to increase public awareness and appreciation of the excellent parks,
trails, and recreation services available in Minnesota and stated the City had been selected by the Minnesota
Recreation and Park Association for the Art Together for an Award of Excellence in the Programming and
Events category. She explained how Art Together, in conjunction with Officer Jeppson, used art as a gateway
for conversation between youth and public safety professionals to promote connection and understanding
in a fun and safe environment.
Chelsea Swenhaugen, Minnesota Recreation and Parks Association, shared background of the award of
excellence and outlined the seven categories of focus then presented the award of excellence to the Edina
Parks and Recreation for their Art Together program and thanked Edina for all the work they do that
impacted the State.
The Council congratulated both for their work on behalf of the community.
REPORTS/RECOMMENDATIONS
VIII.A. RESOLUTION NO. 2023-50; ACCEPTING DONATIONS – ADOPTED
Member Jackson introduced and moved adoption of Resolution No. 2023-50, accepting
donations. Member Agnew seconded the motion.
Rollcall:
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
VIII.B. PROPOSAL TO INCREASE FRANCHISE FEES WITH CENTERPOINT ENERGY AND XCEL
ENERGY – RECEIVED
Director of Engineering Millner shared at the May 4 City Council retreat, staff received support to develop
a proposal to increase franchise fees on both CenterPoint Energy and Xcel Energy customers. The additional
fees would increase the pace of implementation for the Pedestrian and Bicycle Master Plan funded from the
Pedestrian and Cyclist Safety Fund (PACS) (request from ETC), sustainability initiatives funded by the
Conservation and Sustainability Fund (CAS) and to start to address the funding shortfall to maintain our
street light systems. He presented a plan to increase fees incrementally in 2024, 2026, and 2028 then shared
a history of franchise fees since 2012 and how they worked to get things done. He said ETC workplan in
2022 would double the revenue to complete proposed improvements in half the time then outlined the high
priority areas and proposed franchise fee increase by 2028 of 22%. He outlined the increased amounts from
$5.80 up to $10.80 per month by 2028 for all property classes that would result in $750,000 for street
lighting by 2028.
Minutes/Edina City Council/August 2, 2023
Page 4
Mr. Neal stated the benefits would result in more sidewalks, infrastructure for bikes, safety features for the
community, and increased sustainability such as conservation which would relieve some pressure from the
general fund.
The Council asked questions and provided feedback.
VIII.C. ORDINANCE NO. 2023-12; CONCERNING THE USE OF CANNABIS AND HEMP IN
PUBLIC – FIRST READING GRANTED
Mr. Neal stated Ordinance No. 2023-12 was being presented to City Council for adoption to prohibit the
use of cannabis and hemp products in public places in Edina. Similar ordinances were being adopted by many
Minnesota cities to clarify the City’s position that it did not want to allow the use of cannabis and hemp
products in public places such as parks, trails, golf courses, etc. It could be argued that the City’s current
ordinances prohibited smoking was sufficient to cover the use of cannabis and hemp products but this
ordinance made the City’s prohibition on the use of these products in public places exceptionally clear and
unambiguous.
The Council asked questions and provided feedback.
City Attorney Brooksbank stated this was the broadest prohibition allowed under Statute, then commented
on how there would be no equivalent to a cigar lounge for cannabis or hemp products that would need to
be addressed.
Member Jackson moved to grant First Reading to Ordinance 2023-12 amending Chapter 24 of
the Edina City Code concerning the use of cannabis and hemp products in public. Member
Pierce seconded the motion.
Rollcall:
Ayes: Jackson, Pierce, Risser, Hovland
Nay: Agnew
Motion carried.
VIII.D. ORDINANCE NO. 2023-13; INTERIM ORDINANCE PROHIBITING THE OPERATION OF
CANNABIS BUSINESSES – FIRST READING GRANTED, PUBLIC HEARING SCHEDULED
FOR AUGUST 15, 2023
Mr. Neal stated it was the intent of this ordinance to allow the City time to complete an in-depth study
concerning adoption of revisions of the City’s official controls for the manufacturing, testing, distributing,
and selling of cannabis flower and cannabis products, and the operation of cannabis businesses. In order to
pass a moratorium ordinance, the City must study the issue with the intent of creating a set of controls to
manage the new legalized environment around cannabis. The study would likely be conducted by staff and
would include it on the work plan to discuss where to allow high-dose retailers to operate beginning in
2025. He outlined the requirement to hold a public hearing on this ordinance and said staff was requesting
that Council approve a variance from our standard public hearing process by holding the public hearing on
August 15 and adopting the second reading of the ordinance at that same meeting in order to minimize the
time in which the City’s position on this subject was unsettled.
The Council asked questions and provided feedback.
Member Pierce moved to grant First Reading to Ordinance 2023-13 an interim ordinance
prohibiting the operation of cannabis businesses and designate the public hearing to be held
on August 15, 2023. Member Jackson seconded the motion.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
VIII.E. LOCAL ELECTIONS MANAGEMENT – AFFIRMED
Minutes/Edina City Council/August 2, 2023
Page 5
Mr. Neal stated at the City Council’s July 18, 2023, work session, the Council received a presentation from
staff on issues related to the general management of local elections and specific issues related to the City’s
past and future management of School District elections for Edina Public Schools (District 273). Staff asked
for Council support of a set of principles to be included in a new elections management agreement with
District 273.
Member Jackson made a motion, seconded by Member Pierce, to affirm the City Council’s July
18, 2023, consensus on a proposed agreement with Independent School District 273 for local
elections management.
Rollcall:
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Main motion carried.
VIII.F. 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 15, 2023
Mr. Neal requested the Council consider postponing submittal of the Cahill District Area Plan to the
Metropolitan Council until August 18 to allow additional time to review zoning definition and stormwater
management.
The Council asked questions and provided feedback.
Community Development Coordinator Lewis commented on the traffic concerns raised and densities
proposed in the plan was not a concern and referred to the two other corridors that would approach by
2040 but were not Ohms.
Member Agnew made a motion, seconded by Member Jackson, to continue action on
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 15, 2023, meeting.
Rollcall:
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) -
Received
IX.A. MINUTES: ARTS AND CULTURE COMMISSION, MAY 25, 2023
X.B. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, JUNE 8, 2023
X.C. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, JUNE 27, 2023
X. MANAGER’S COMMENTS – Received
X.A. PREP MEMO AUGUST 2, 2023
XI. MAYOR AND COUNCIL COMMENTS – Received
XII. ADJOURNMENT
Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 8:57
p.m.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
Respectfully submitted,
Sharon Allison, City Clerk
Minutes/Edina City Council/August 2, 2023
Page 6
Minutes approved by Edina City Council, August 15, 2023.
James B. Hovland, Mayor
Video Copy of the August 2, 2023, meeting available.