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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.