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HomeMy WebLinkAbout2023-08-15 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL AUGUST 15, 2023 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:02 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 Agnew made a motion, seconded by Member Jackson, to approve the meeting agenda as presented. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. V. COMMUNITY COMMENT Ralph Zickert, 4311 Cornelius Circle, shared his disappointment with the progress of the cleaning water strategy study which was supposed to be done in 2019 and was four years past due. He said the project was shameful due to lack of public input that included input from lake property owners which were issues of importance to the community and disagreed with the integration. Nora Davis, 6921 Southdale Road, shared concerns with the difficulties being adjacent to the 440 site over the past two years regarding traffic, congestion, noise, the fire station episode, and crime concerns. She said development with greenspace was going away and had concerns with continued increase taxes and how the City was giving funds to developers instead, including utility franchise fees. Jeff Golden, 6566 France Avenue South, shared concerns with the number of panhandlers in the City and how this was not safe for them as well as drivers as they were in the medians affecting traffic and while he recognized the activity was legal suggested that for safer intersections the individuals be directed to selected intersections even licensed or permitted. Janey Westin, 6136 Brookview Avenue, spoke about the recent fire in Hawaii and concerns with fireworks use in Pamela Park and the possibility of a large-scale fire here, especially with the current dry conditions, and asked about the City’s plan in the event of a fire. Joe Cavanaugh, Youth Frontiers, 4388 Brook Avenue, shared concerns with young people in crisis with regard to mental health and loneliness, anxiety and depression and concerns with the new cannabis law that would fuel and exacerbate these concerns and asked that the City restrict this drug to the fullest extent possible to youth. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to Community Comments at the last meeting. VI. CONSENT AGENDA ADOPTED AS PRESENTED Member Jackson made a motion, seconded by Member Pierce, approving the consent agenda as presented: Minutes/Edina City Council/August 15, 2023 Page 2 VI.A. Approve Minutes of the Worksession and Regular Meeting of August 2, 2023 VI.B. Approve Claims for Payment for Check Register Claims Pre-List dated July 28, 2023, totaling $1,942,609.48, Check Register Claims Pre-List dated July 28, 2023, totaling $5,401.67, and Check Register Claims Pre-List dated August 4, 2023, totaling $3,705,468.06 VI.C. Approve Agreement with Independent School District No. 273 for School Resources Officer Services VI.D. Adopt Resolution No. 2023-51; Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing Application for Grant Funds VI.E. Authorizing Public Health Emergency Preparedness Agreement VI.F. Request for Purchase, Contracted Service Agreement for Golf Cars 2024, awarding the bid to the recommended low bidder, De Lage Landen Financial Services Inc., DBA Club Car, LLC, for Braemar Golf Course fleet of golf cars and utility vehicles for $624,698 VI.G. Request for Purchase, Request for Purchase, Contracted Service Agreement for Golf Cars GPS 2024, awarding the bid to the recommended low bidder, Visage GPS equipment and service for 81 fleet golf cars and two utility vehicles at Braemar Golf Course with Club Car, LLC. for $285,120 VI.H. Request for Purchase, Electronic Scoreboard Replacement for Braemar Arena Backyard Rink and Braemar Field, awarding the bid to the recommended low bidder, AIM Electronics, Inc. for $39,405 VI.I. Approve Agreement with Youth Sports Plus/MN Hockey TV for Live Streaming Services at Braemar Arena VI.J. Approve Updated Assessment Policy for Shade Tree Diseases VI.K. Request for Purchase, Change Order #1 ENG 20-15 Melody Lake Shoreline Restoration, awarding the bid to the recommended low bidder, for repair of damaged areas and extension of maintenance activities through 2025 VI.L. Request for Purchase, Engineering Services for 2024 Neighborhood Roadway Reconstruction, awarding the bid to the recommended low bidder, Braun Intertec Corp. for $22,525 VI.M. Request for Purchase, City Hall Air Conditioning Compressors, awarding the bid to the recommended low bidder, Corporate Mechanical for $30,030 VI.N. Request for Purchase, 2024 Hyundai Kona EV, awarding the bid to the recommended low bidder, U.S. Fleet Source for $66,254 VI.O. Request for Purchase, 2024 Hyundai Kona EV, awarding the bid to the recommended low bidder, U.S. Fleet Source for $66,254 VI.P. Request for Purchase, 2024 Hyundai Kona EV, awarding the bid to the recommended low bidder, U.S. Fleet Source for $33,127 VI.Q. Request for Purchase, 2024 Western Star Tandem Axle Truck with Towmaster Plow Body, awarding the bid to the recommended low bidder, Boyer Ford for $318,183 VI.R Approve Out-of-State Travel for Mayor Hovland Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. EDINA CHAMBER OF COMMERCE EXPLORE EDINA ANNUAL REPORT – RECEIVED Manager Neal shared background with the Council stating the City was the primary funding for the Convention Visitors Bureau through lodging taxes which were directed to the Chamber/Explore Edina and were present to provide an annual report. Interim President Edina Chamber of Commerce/Explore Edina Loberg shared the Chamber's annual presentation to the City Council concerning the operations of the Chamber of Commerce, Explore Edina and the status of local lodging tax receipts and expenditures. She reviewed Explore Edina’s mission then reviewed their operational expenses, marketing programs and assets which included website and online Minutes/Edina City Council/August 15, 2023 Page 3 destination, social channels, event sponsorship, local venue advertising, print, digital, local media placements, signature events, and Datafy partnership who provided information on visitors including stays. She shared their website, destination guide, and social media channels then reviewed the budget further and thanked the City. The Council asked questions and provided feedback. VII.B. TRAFFIC SAFETY REQUEST PROCESS – REVIEWED Director of Engineering Millner said after a recent meeting with Members Risser and Pierce staff would like to share a report so the public could better understand the traffic safety request process. He reviewed the request process that was based on City practice, policy, code, and the MN Manual on Uniform Traffic Control Devices (MUTCD) as well as engineering judgement. He also shared how staff utilized industry research when needed including MnDOT, Hennepin County, and other cities. Transportation Planner Scipioni reviewed the request process in detail and philosophy that the City strived to use the most effective and least intrusive signs, signals, and markings to manage street traffic, with safety as a priority and strived for consistency in applications and recommendations as unwarranted actions could create more of an issue at times. The Council asked questions and provided feedback. VIII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2023-53 AND ORDINANCE NO. 2023-15, PRELIMINARY REZONING (ORDINANCE AMENDMENT), SITE PLAN, AND SUBDIVISION FOR 5100 EDEN AVENUE – CONTINUED TO SEPTEMBER 5, 2023 Community Development Director Teague shared the Opus Group was proposing to redevelop 5100 Eden Avenue. The specific proposal was to tear down the existing 38,000 square foot office building to build a seven story 136-unit apartment with retail on part of the first level. Ten percent of the units (14) would be provided for affordable housing of households making no more that 50% of the area median income. The project would also include 3,364 square feet of commercial/retail use including an out patio for the retail, a small public 3,500 s.f. park along Arcadia. The building would be constructed to meet the City’s Sustainable Buildings Policy. To accommodate the request, the applicant was requesting a rezoning from POD-1, Planned Office District to PUD, Planned Unit Development. The PUD would ensure that affordable housing was included within the project and that Sustainable Buildings Policy was met. In return for providing affordable housing and a building that met the Sustainable Buildings Policy, the applicant was requesting flexibility to the underlying POD standards including building height, building material, building transparency, first floor ceiling height, building setbacks on all sides, floor area ratio and building coverage and Preliminary Site Plan and Subdivision/Replat. The Council asked questions and provided feedback. Nick Murnane, Opus Development, thanked the Council for the opportunity to share further about the project. Theo Grothe, Opus Development, shared the changes suggested during sketch plan review that included added retail space, increased setbacks, reduced mass, added commercial space and Arcadia art walk, expanded sidewalk network with pedestrian and bike paths, buried parking, fitness center, outdoor patio areas, bike racks throughout, eliminated vehicular access off Eden Avenue and Arcadia, added building step backs, and enhanced landscaping all with the goal to make the Grandview neighborhood more inclusive and provide a neighborhood feel both on the north and south sides. Mayor Hovland opened the public hearing at 9:15 p.m. Public Testimony Minutes/Edina City Council/August 15, 2023 Page 4 Janey Westin, 6136 Brookview Avenue, addressed the Council. Steve Brown, 5528 Halifax Lane, addressed the Council. Member Pierce made a motion, seconded by Member Agnew, to close the public hearing at noon on August 21, 2023, grant First Reading, and continue action on Ordinance No. 2023-15 Amending the Zoning Ordinance to Add PUD-25, Planned Unit Development-25 and Resolution No. 2023-53 Approving Preliminary Rezoning (Zoning Ordinance Amendment), Preliminary Site Plan and Subdivision for 5100 Eden Avenue, to the September 5, 2023, meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.B. ORDINANCE NO. 2023-13; INTERIM ORDINANCE PROHIBITING THE OPERATION OF CANNABIS BUSINESSES – ADOPTED Mr. Neal shared action being taken by many cities the need to review aspects of zoning ordinances, law enforcement, and public health to prepare for full legalization of cannabis in the State. He said the ordinance would be in effect until recommendations prior to expiration of moratorium and then end the moratorium at that time. The City was required to hold a public hearing on this ordinance which was included in the new law. He said staff was requesting that Council approve a deviation from our standard public hearing process by holding the public hearing on August 15 and adopt the second reading of the ordinance at that same meeting. Staff was recommending this action in order to minimize the time in which the City’s position on this subject was unsettled. If the Council did not approve this process deviation the next available date the Council could act on the ordinance for final approval would be September 5. The ordinance was posted on Better Together Edina for public feedback, and that report was shared. No comments were received. Mr. Neal said 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. Mayor Hovland opened the public hearing at 9:27 p.m. Public Testimony No one appeared. Member Jackson made a motion to grant Second Reading adopting Ordinance 2023-13 approving an interim ordinance prohibiting the operation of cannabis business and grant second reading. Member Agnew seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX. REPORTS/RECOMMENDATIONS IX.A. RESOLUTION NO. 2023-52; ACCEPTING DONATIONS - ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2023-52, accepting donations. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX.B. SUMMARY PUBLICATION FOR ORDINANCE NO. 2023-13; AN INTERIM ORDINANCE PROHIBITING THE OPERATION OF CANNABIS BUSINESSES – APPROVED Minutes/Edina City Council/August 15, 2023 Page 5 Mr. Neal said State Statute required that the City publish all approved ordinances within 45 days of approval in its official newspaper. State Statute allows cities to choose to publish a summary of a complete public notice. This is a cost-effective option for lengthy ordinances. Member Jackson made a motion, seconded by Member Agnew, to approve summary publication for Ordinance No. 2023-13 an interim ordinance prohibiting the operation of cannabis businesses. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX.C. RESOLUTION NO. 2023-46; AUTHORIZING STAFF SUBMITTAL OF A COMPREHENSIVE PLAN AMENDMENT TO THE METROPOLITAN COUNCIL FOR THE CAHILL DISTRICT AREA PLAN – FAILED Community Development Coordinator Lewis stated 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 office 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 developed in the 60s, 70s, and 80s. 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 an area needing further study. The Planning Commission was assigned the task of completing a small area plan for the Cahill District as part of their work plan in 2021. A 12-member Working Group, chaired by two Planning Commissioners, was appointed to lead this initiative. Bolton & Menk was hired as a consultant to assist the Working Group in developing the plan. City staff obtained a grant from Hennepin County to partially fund this project. This draft plan was the result of a year and a half long process that included numerous meetings and engagement with the public, businesses, property owners, and other agency stakeholders. The plan proposed maintaining and enhancing the area primarily as an employment district, placing special emphasis on the public realm, specifically enhanced streetscapes, green infrastructure, and multi-modal improvements. In order to be incorporated as part of the Comprehensive Plan, some minor revisions to the Land Use Chapter were necessary and the Cahill District Area Plan would be added to the appendix of the Comprehensive Plan. 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. Following approval by the Metropolitan Council, the Cahill District Area Plan would be brought back to City Council for adoption. He reviewed the proposed concepts that included high employment, neighborhood mixed use, industrial core, and alternative mixed use and balance considered that resulted in high employment concept, stormwater review and implications of traffic and noted the Met Council had 60 days to review and approve before final adoption by Council. Haila Maze, Bolton & Menk, referred to housekeeping items in the jurisdictional review and the Met Council processes, most of which were clarifying comments. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution 2023-46 Authorizing Staff Submittal of a Comprehensive Plan Amendment to The Metropolitan Council for The Cahill District Area Plan. Seconded by Member Pierce. Rollcall: Ayes: Jackson, Hovland Nay: Agnew, Pierce, Risser Motion failed. Minutes/Edina City Council/August 15, 2023 Page 6 IX.D. ORDINANCE NO. 2023-12; CONCERNING THE USE OF CANNABIS AND HEMP IN PUBLIC – ADOPTED 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 prohibiting smoking were 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. Member Jackson made a motion to grant Second Reading adopting Ordinance 2023-12 concerning the use of cannabis and hemp products in public spaces. Seconded by Member Pierce. Ayes: Jackson, Pierce, Risser, Hovland Nay: Agnew Motion carried. IX.E. RESOLUTION NO. 2023-54; NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE MACY’S SITE AT 7235 FRANCE AVENUE – ADOPTED Andi Moffat, WSB, shared they were hired by the City of Edina at the expense of the developer to do an Environmental Assessment Worksheet (EAW) for a potential development proposal at 7235 France Avenue. The project considered in the EAW was the project reviewed by the City Council as a sketch plan in April 2023, (Macy's Furniture Store Site). The development plans were included in the EAW and the worksheet concluded that an environment impact statement was not necessary for the future project. She said adoption of this resolution did not approve or deny a future project for the site and that formal land use application for this project was anticipated later this year. She reviewed the EAW summary that spoke to land use and the need to meet the guidelines of the Comprehensive Plan and Greater Southdale District Plan. She stated the municipal system had capacity to accommodate development and would need to relocate sewer through the site then noted the stormwater treatment was primarily via underground systems. She spoke about the transportation generation of 5,300 daily trips which was not significant and the enhanced bike/peds activity. Ms. Moffat stated that based on the findings of fact and conclusions recommended the project did not have the potential for significant environmental effects and that an EIS was not needed. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-54 Negative Declaration on the need for an Environmental Impact Statement for the Macy's Site at 7235 France Avenue. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX F. ORDINANCE NOS. 2023-16 AND 2023-17; APPROVE INCREASE IN UTILITY FRANCHISE FEES FOR CENTERPOINT ENERGY AND XCEL ENERGY – FIRST READING GRANTED Mr. Millner said staff was seeking approval of Ordinance Nos. 2023-16 and 2023-17 with CenterPoint Energy and Xcel Energy to increase the franchise fees in 2024 by approximately 22% on all property classes. This increase would generate approximately an additional $540,000. This revenue would be split between the Pedestrian and Cyclist Safety (PACS) and Conservation and Sustainability (CAS) Funds along with street lighting and would increase the total monthly rate on a residential property from $5.80 to $7.10 or approximate 22%. He reviewed history of the PACS fund and the ETC workplan that included street light Minutes/Edina City Council/August 15, 2023 Page 7 analysis over a 25-year transition, adding the City of Hopkins had no changes at this time but were currently soliciting feedback for future consideration in September that included changes to the annual contribution between residential and other property classes. He said they had received similar comments from the ETC regarding a flat fee over all residential properties, decreased implementation rate from 40 years to 33 years for the bike/ped plan, increased rate of implementation of actions from the Climate Action Plan and increased reliability of the street lighting system for better safety, visibility, current rate of light replacements. He said at the end of 25 years the budget could be reduced by 50% and funds directed to other initiatives. The Council asked questions and provided feedback. Member Jackson made a motion to grant First Reading to Ordinance 2023-16 Amending Ordinance No. 2012-15 A Gas Energy Franchise Fee On Centerpoint Energy Minnesota Gas ("Centerpoint Energy") for Providing Gas Energy Service Within the City of Edina and Amending Ordinance No. 2012-16 Implementing an Electric Service Franchise Fee on Northern States Power Company, a Minnesota Corporation, dba Xcel Energy, its Successors and Assigns, for Providing Electric Service within the City of Edina. Seconded by Member Pierce. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. X. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received X.A. MINUTES: PARKS AND RECREATION COMMISSION, JUNE 13, 2023 XI. MANAGER’S COMMENTS – Received XI.A. QUARTERLY FINANCIAL REPORT AND PROGRESS PORTAL UPDATES XI.B. PREP MEMO AUGUST 15, 2023 XII. MAYOR AND COUNCIL COMMENTS – Received XIII. ADJOURNMENT Member Jackson made a motion, seconded by Member Pierce, 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, September 5, 2023. James B. Hovland, Mayor Video Copy of the August 15, 2023, meeting available.