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HomeMy WebLinkAbout2023-11-21 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL NOVEMBER 21, 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 Janey Westin, 6136 Brookview Avenue, shared information regarding 4404 Valley View Road and Xcel Energy’s information about sideyard setbacks from power lines, which was in fact 10 feet and not 6 feet as originally stated. She shared a photo of a construction worker too close to the power lines and suggested future setback decisions regarding proximity of power lines should always be considered. Ralph Zickert, 4311 Cornelius Circle, shared concerns with the City’s lack of transparency regarding water usage reports and 2023 utility rates and stated almost 40% of residential users and 100% of multi-family users saw the water portion of their bill increase by double digits, many by over 20%. He said the residents deserve more equity on rate setting and increased transparency regarding accountability. WH Needer, 4236 Valley View Road, requested Councilmember addresses as they were not posted on the City’s website. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to past Community Comments. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Jackson made a motion, seconded by Member Agnew, approving the consent agenda as VI.K., 2024 Calendar of Meeting and Religious Observance Dates, as follows: VI.A. Approve Minutes of the Worksession and Regular Meeting of November 8, 2023 VI.B. Approve Claims for Payment for Check Register Claims Pre-List Dated November 3, 2023 totaling $1,527,012.76; Check Register Claims Pre-List Dated November 3, 2023 totaling $115,275.67, Check Register Claims Pre-List Dated November 10, 2023, totaling $1,318,626.52 VI.C. Approve Third Amendment to Lease Agreement with Lancer Food and Beverage, LLC at Braemar Golf Course VI.D. Adopt Resolution No. 2023-83; Setting Parks & Recreation Fees for 2024 VI.E. Request for Purchase; Edina Art Center Schematic Design Services, awarding the bid to the recommended low bidder, HGA, $97,700 Minutes/Edina City Council/November 21, 2023 Page 2 VI.F. Request for Purchase; Professional Services for Zoning Code Audit, awarding the bid to the recommended low bidder, HKGi, $30,000 VI.G. Request for Purchase; Change Order No. 1 for ENG 21-9NB Nine Mile Creek Vegetation Management Oversight, awarding the bid to the recommended low bidder, $12,303 VI.H. Request for Purchase; 50th and France Security Camera Infrastructure, awarding the bid to the recommended low bidder, LOGIS, $106,274 VI.I. Request for Purchase; 50th and France Security Cameras and Storage, awarding the bid to the recommended low bidder, Pro-Tec, $209,650 VI.J. Approve 2024 City Observance/Days of Significance VI.K. 2024 Calendar of Meeting and Religious Observance Dates VI.L. Approve Summary Publication for Ordinance No. 2023-18; Concerning Merchant Carryout Bag Reduction Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.K. 2024 CALENDAR OF MEETING AND RELIGIOUS OBSERVANCE DATES – POSTPONED TO DECEMBER 5, 2023 The Council inquired about two Jewish holidays included in the 2024 calendar that had City meetings scheduled and suggested postponing consideration of the calendar for further review. Member Jackson made a motion, seconded by Member Agnew, to postpone consideration of the 2024 Calendar of Meeting and Religious Observance Dates to the December 5, 2023, Council meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. NOVEMBER 25, 2023, AS SMALL BUSINESS SATURDAY IN EDINA – PROCLAIMED Member Jackson made a motion, seconded by Member Agnew, to proclaim November 25, 2023 as Small Business Day in the City of Edina. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Shelly Loberg, Edina Chamber of Commerce, thanked the Council for the Proclamation and encouraged the community to support small businesses year-round. She then shared about the tree lighting ceremony at 50th and France and other events and encouraged the community to attend. VIII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2023-85; VACATING TRANSIT EASEMENT AT 3501 GALLERIA – ADOPTED Director of Engineering Millner shared an application was received on October 25, 2023, from 70th Street Properties, LLC to vacate and reestablish transit easements located between 69th and 70th Streets. He said staff supported the vacation contingent on the property owner reestablishing the easement slightly east then outlined the existing transit easement and the Planning Commission’s variance for the access road and patio on the east side of the building not in the existing transit easement. He said staff had no issues with the action and said vacation would be contingent on obtaining new easements then noted no public comments were submitted online and recommended approval. Mayor Hovland opened the public hearing at 7:28 p.m. Public Testimony Minutes/Edina City Council/November 21, 2023 Page 3 Sgt Johnson, 2120 Webber Hills Road/Hines Property Management, said they would cooperate with the request to grant other easements slightly to the east as outlined. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Agnew, to close the public hearing. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Member Pierce introduced and moved adoption of Resolution No. 2023-85, Vacating Transit Easement, 3501 Galleria. Seconded by Member Jackson. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. RESOLUTION NO. 2023-87; ACCEPTING DONATIONS – ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2023-87, accepting donations. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX.B. RESOLUTION NO. 2023-80; 4917 EDEN AVENUE, MAISON GREEN, SIGN VARIANCE APPEAL – ADOPTED Assistant City Planner Boedecker shared the applicant, Bjorn Bowman, was requesting a sign variance for an additional 39.9 square foot wall sign on the south elevation of 4917 Eden Avenue, Maison Green. The subject property, 4917 Eden Avenue, was located on the east side of Highway 100, south of Eden Avenue and west of Wilson Road. The subject property was currently under construction. The Maison Green building was a seven-story apartment building with a restaurant on the first floor. The site was zoned PUD-21. Signs in the PUD-21 zoning were regulated by the PCD-1, Planned Commercial District, for the commercial use, and PRD, Planned Residential District, for the residential use. The allowed residential signage under the PRD zoning was one wall sign with a maximum size of 12 square feet. The applicant was requesting to add an additional wall sign on the south side of the building that was 39.9 square feet. The applicant was request one variance, a variance to allow the additional wall sign for the residential portion of the building on the south elevation. The Planning Commission approved the variance and noted Edina resident Tom Tessman appealed the Planning Commission decision to the City Council. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-80, overturning the Planning Commission’s decision to approve a sign variance to allow a 39.9 square-foot sign on the south elevation of 4917 Eden Avenue. Member Pierce seconded the motion. Ayes: Jackson, Pierce, Risser, Hovland Nay: Agnew Motion carried. IX.C. DESIGN OPTION 1A FOR ROSLAND PARK PEDESTRIAN BRIDGE – POSTPONED TO DECEMBER 2023 Mr. Millner shared the current pedestrian bridge was owned and managed by the Minnesota Department of Transportation (MnDOT) and was built in the 1960s. The bridge did not meet Americans with Disabilities Act (ADA) standards and was substantially damaged when it was struck twice in 2022 by vehicles traveling on Minnesota Highway 62. The damage resulted in the closure of the bridge for most of 2022, until expensive temporary repairs were made in January 2023. There had been extensive discussions between City and MnDOT staff about a plan to replace the bridge. Funding for the project had been secured between a Minutes/Edina City Council/November 21, 2023 Page 4 successful capital bonding request in 2023 and MnDOT Funds. MnDOT was also discussing adding a permanent third westbound travel lane on Highway 62 along with a 20-ft tall noise wall. The City had engaged the engineering firm of Bolton-Menk to start the design process for the new bridge. 12 options were reviewed and staff was seeking confirmation of design option 1A which was a switchback so this project could be potentially built in 2025. He shared the Highway 62 auxiliary lane and noise wall and how MnDOT wanted a permanent westbound third lane from Valley View Road to Highway 100 and if added would be included in their capital plan for 2027-2028 construction season then reviewed the criteria considered and future public engagement regarding aesthetics and screening once an option was selected. The Council asked questions and provided feedback. Council consensus was to schedule a meeting to review potential design options for the Council and public and consider the topic again in December. IX.D. NEXT STEPS FOR ORGANIZED TRASH COLLECTION FOR SINGLE FAMILY DWELLINGS – CONSENSUS TO REMAIN STATUS QUO Mr. Millner shared this discussion was a summary of the analysis on organized trash collection (OTC) for single family dwellings only and did not review apartments, condominiums, or other property classes. This analysis included research from staff and Commissioners and input from garbage haulers, including residents and legal professionals. Staff’s role on this topic was to synthesize input from these different stakeholders and provide information to City Council to make an informed decision on next steps. Staff was presenting the City Council with two possible options: 1. Status Quo – stay as an open collection system or 2. Begin the legal process to organize trash collection. He outlined the procedural requirements and legal process to consider OTC that was based on the 2013 Waste Management Act that was extremely structured and defined in statute and included public hearings. He shared the ETC’s work plan initiative of 2021 that said to investigate the impacts of organized trash collection while considering travel demand management objectives, environmental goals and reducing wear and tear on City streets. He reviewed the ETC’s goals and objectives and work to analyze the quality of life survey, meetings with Richfield and City staff and relevant literature review and said the ETC believed there was sufficient evidence to move forward with OTC and recommended that Council direct staff to create a plan to establish OTC including staffing, administrative costs, and communication plans. He noted the EEC also voted in support of the ETC report and while OTC was not mentioned in the Comprehensive Plan or Living Streets Plan it was briefly mentioned in the Climate Action Plan. He outlined the goals that included sustainability, equity, quality of life, economic development, impacts to roads, and staffing and reviewed potential impacts in detail including potential fuel use reduction, less noise impacts, increased traffic safety, more transparency in pricing, and others. He shared feedback from haulers that included how generally OTC supported larger haulers and the suggestion of consolidating the number of haulers instead and how small haulers would lose the ability to provide unique services as well as the difficulty to detail and enforce customer service standards. He reviewed procedural requirements that included notice to the public and haulers, negotiation period for possible proposal, and how organized collection could not begin sooner than six months after final decision. The Council asked questions and provided feedback. Council consensus was to remain status quo and make what we have better. Member Pierce made a motion, seconded by Mayor Hovland, to remain status quo and stay as an open collection system but work on refinements to the existing system and direct staff to explore other options cities were doing such as textile collection and other opportunities for purposeful action to reduce garbage. Ayes: Jackson, Pierce, Risser, Hovland Nays: Agnew Motion carried. IX.E. SKETCH PLAN FOR 4600 WEST 77TH STREET – REVIEWED Minutes/Edina City Council/November 21, 2023 Page 5 Community Development Director Teague shared the applicants, Seven Hills Academy on behalf of the property owner, Hillcrest Development, was requesting consideration of a sketch plan proposal to remodel and expand the existing office building at 4600 77th Street into a Kindergarten through 5th Grade Charter School (550 students). The expansion of the building would be for a gymnasium. This site was located within PUD-23, which included The Fred apartment building (408 units), and the Finch apartments (276 units to be built) and this existing office building. The PUD Plan had contemplated retail uses within the first level of the 4600 building, with the idea that the retail uses would activate the area and woonerf between The Finch apartment and this office/retail building. The PUD-23 Ordinance was specifically written to allow “Retail uses allowed within the PCD-1 Zoning District.” The request would require an ordinance amendment to allow schools within this PUD-23 Zoning District, a revised overall development plan for PUD-23, a site plan and setback variance for the gymnasium from 45 feet to 37 feet and a drive aisle separation requirement from 10 feet to 0 feet for the parent drop-off drive aisle, and likely variances would be requested for building material and building transparency for the gymnasium addition. Carolyn Farrell, Executive Director Seven Hills Preparatory Academy, shared more about Seven Hills which was a successful public independent school district in place for 17 years with 550 students at the Bloomington campus and 600 students at the Richfield campus. She said the goal was to move to Edina which would benefit the students and families and bring an energy to the area by frequenting businesses in the area. Brent Peterson, Principal Seven Hills Preparatory Academy – Bloomington Campus, spoke about engaging the school near the Fred Richards Park area and the benefits of civic engagement and community partnerships which were important to engage and build new civic leaders. He said the primary reason for the request was the park as it would work well with the elementary students who currently provide civic work through clean-up opportunities and help create stewards for the community. He spoke about the proposed yoga deck for class performances in the park and how they would help showcase the array of functions in the park students could activate and bring in new energy and said they hoped they would be considered. Elizabeth McCollugh, Collaborative Design Group, spoke about the concerns of the proposed site that included the PUD 23 zoning and the goal to have the amendment to return it to the area. She said the current owner of the Hillcrest and Solheim buildings were in agreement with the proposed change of use then outlined the TIF master agreement and RDA exclusion that said both the Fred Richards Park and Finch Apartments were excluded but understood that was incorrect and that the school would be a taxpaying entity. She outlined staff’s concern regarding bus traffic in the woonerf and how the woonerf would remain with modifications made and their work to keep good neighbor relationships and felt these changes would benefit both properties. Ms. McCollugh added their conservation with staff on circulation and how they would work to simply pick up on the west side and have parent drop off on other side to help ensure safety and work within the 10-foot setback as well as using staff to help with pick up and drop off times and implement drop down bars to help direct parent traffic. She said they would work with the seller of the 4600 building to provide opportunities for stacking if needed then noted the living walls would accentuate the park and lessen building impact. She spoke about traffic and the parking study already underway and the sustainability policy and their intent to not request a waiver but request some items based on the existing building’s construction while using best practices for the highest efficiency HVAC, light sensors, low flush toilets, while using a similar approach on the gymnasium. Mr. Peterson explained morning drop off that would result in no stacking but how the afternoon would have some stacking between pick-up and drop off times then added 60% of students were bussed while 40% were dropped off resulting in 125 cars per day. The Council asked questions and provided feedback. X. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) – Received Minutes/Edina City Council/November 21, 2023 Page 6 X.A. ADVISORY COMMUNICATION; ORGANIZED TRASH COLLECTION X.B. ADVISORY COMMUNICATION; ORGANIZED TRASH COLLECTION X.C. MINUTES: COMMUNITY HEALTH COMMISSION, JUNE 12, JULY 10, AUGUST 14, 2023 X.D. MINUTES: PARKS AND RECREATION COMMISSION, SEPTEMBER 12, 2023 X.E. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, OCTOBER 12, 2023 XI. MANAGER’S COMMENTS – Received XI.A. QUARTERLY FINANICAL REPORT AND PROGRESS PORTAL UPDATES XI.B. FUTURE OF OPERATOR-ASSISTED CALLS FOR PUBLIC MEETINGS XII. MAYOR AND COUNCIL COMMENTS – Received XIII. ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 10:17 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, December 5, 2023. James B. Hovland, Mayor Video Copy of the November 21, 2023, meeting available. Sharon Allison (Dec 6, 2023 13:34 CST)