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HomeMy WebLinkAbout2024-02-06 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL FEBRUARY 6, 2024 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, Risser, Hovland. Absent: Member Pierce. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Jackson made a motion, seconded by Member Risser, to approve the meeting agenda as presented. Ayes: Agnew, Jackson, Risser, Hovland Motion carried. Manager Neal introduced Assistant City Manager Lenz who shared her background that included former fellow for the City of Edina. She outlined her scope of responsibility and said she looked forward to working in the community. V. COMMUNITY COMMENT David Frenkel, 4510 Lakeview Drive, shared about a recent home invasion and the lack of communication from the City regarding this crime. He said the community was upset about what had occurred and encouraged the City to implement a text alert system to nearby neighborhoods when an incident occurred. He spoke about the need for community policing and played audio from another city that had active community policing. Sarah Radermacher, 6200 block Concord Avenue, spoke about the negative impacts of the Concord B&C project to the neighborhoods. She shared concerns about the proposed sidewalk and shared-used path and how neighbors were not aware of changes and felt they would not work. She shared confusion about the impact to trees and high assessment amounts and encouraged a meeting be scheduled so the City could complete its due diligence and share new plans to support integrity of the new project. Rebecca Remick, 5027 Wooddale Lane, shared concerns about the City’s tree ordinance impacts and costs for tree removal held in escrow until a certificate of occupancy was received and then further held in escrow for three years. She said the amount of escrow was excessive then shared concerns with tree growth cycles and how to address trees that did not meet the requirements as property ownership changes. Margaret Klimish, 5828 Fairfax Avenue, said they were in the process of building with City Homes and were surprised about the new tree ordinance and costs resulting in $19,000 in escrow. She said they were lucky their front yard tree was only 35 feet tall and could be spade but to have it relocated was cost prohibitive and she hoped the City understood the burden this ordinance placed on property owners. Joe Grunnet, 6620 Dakota Trail, said he understood the spirit of the tree preservation ordinance but felt it had gone too far. He shared they had purchased a wooded lot and how the number of trees was not included in the scenario and was geared more towards tear down properties. Agenda Item VII.A Minutes/Edina City Council/February 6, 2024 Page 2 Andy Churnbill, 5437 Halifax Lane, shared comments regarding the tree ordinance and the need for a more intelligent program that rewarded saving or planting trees then punitive as the upfront fee to remove trees was excessive. Holly Gillis, 6630 Dakota Trail, shared concerns about the tree preservation ordinance and its impact on their wooded lot. She said the City was currently holding $100,000 in escrow as they constructed their home due to the ordinance then shared difficulties in meeting ordinance requirements as the tree sizes were not standard in nurseries and that procurement was not feasible. She said they cared about the environment and wanted to follow the ordinance but said the amount of stress the ordinance had created was substantial. Jim Evans, 6232 Concord Avenue, commented about the Concord B&C reconstruction plans and how they were not aware of the entire project and changes regarding a shared bike path and sidewalk in the area. He shared concerns about the oak tree damage as part of the construction and felt it was unnecessary as the area was infrequently traveled and safe already. Ryan Radermacher, 6200 block of Concord, spoke about the negative impacts from the Concord B&C reconstruction project that included aesthetics, safety of shared use path, ongoing maintenance costs and hardships not being equitable to all residents within the project area, inconsistencies with local guidelines, and not sufficient clearance project. He spoke about cost increases for maintenance and suggested it could be done with the snowplow route. He also described how an 8’ path was feasible along Wooddale based on current drawings, as shown to the council. Pam Allen, 6105 Eden Prairie Road, referred to recent interest for a pizza restaurant on the former Keys site and said if allowed to open and failed the neighborhood would have a vacant building. She spoke about justifying repeated proposals for this outdated zoning as it was not appropriate for the neighborhood and should be changed consistent with the comprehensive plan. Johnny McWhite, 16 Woodland Road, shared concerns with the tree preservation ordinance which he felt was too overreaching and negatively impacted residents due to the costs. Matthew Pepper, 6004 Eden Prairie Road, said he felt residential zoning was the right solution for the former Keys site and encouraged the Council to rezone the property. He spoke about the proposal for Green Drop which did not meet Council requirements but took up staff resources to review and that the site should be rezoned to residential. Dave Remick, 5027 Wooddale Lane, spoke against the tree ordinance and the requirements for cash or a letter of credit but noted that was not really an option as staff only accepted cash in escrow. He asked where the interest goes for these funds and if they were comingled which could be a concern. Ben Ganje, 5424 Oaklawn Avenue, spoke against the tree ordinance that needs better framework to navigate and said the compliance portion needs to be much easier and include a cap. He spoke about impacts to long-term resale value and impacts to future growth. Nate Wissink, 4235 Grimes Avenue, said his firm has built many homes in the City and currently had several projects in progress and when buyers discover the cost burden of the tree ordinance it was not welcoming or foster community. Molly Evans, 6232 Concord Avenue, noted the irony of tearing trees down for a shared use path that residents did not want against the purpose of the City’s tree ordinance. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS City Manager Neal said there were no Community Comments from the last meeting. Minutes/Edina City Council/February 6, 2024 Page 3 Communications Director Bennerotte shared staff’s plan to better create areas of opportunity around frustrations to response time from Community Comments by posting responses online no later than the Friday after the meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Jackson made a motion, seconded by Member Agnew, approving the consent agenda as amended removing VI.G., Cooperative Agreement for Fred Richards Park Access Road Stormwater, as follows: VI.A. Approve Minutes of the Regular Meeting of January 16, 2024 VI.B. Approve Claims for Payment for Check Register Pre-List Dated January 1, 2024, totaling $1,738,780.64, Check Register Claims Pre-List Dated January 19, 2024, totaling $902,104.62, and Check Register Claims Pre-List Dated January 26, 2024 totaling $1,317,702.13 VI.C. Adopt Ordinance No. 2024-01; Setting Morningside Water Rates VI.D. Request for Purchase; Design Services for 2024 Retaining Wall Replacement, awarding the bid to the recommended low bidder, Gale-Tec Engineering, Inc., $22,300 VI.E. Approve Energy and Environment Commission Work Plan Modification VI.F. Approve Encroachment Agreement with 4917 E. Sunnyslope Road VI.G. Cooperative Agreement for Fred Richards Park Access Road Stormwater VI.H. Request for Purchase; Change Order for ENG 22-5 Morningside Flood Infrastructure, Phase 2, awarding the bid to the recommended low bidder, Rachel Contracting, LLC, $720,176.34 VI.I. Request for Purchase; Radar Vehicle Detection System, awarding the bid to the recommended low bidder, Mid-American Signal, $25,669 VI.J. Adopt Resolution No. 2024-11; Approving Memorandum of Understanding Between Internet Crimes Against Children Task Force and the City VI.K. Request for Purchase; Change Order for Well No. 10 Preliminary Study, awarding the bid to the recommended low bidder, Bolton and Menk Inc., $79,600 VI.L. Request for Purchase; 2024 Residential Tree Sale, awarding the bid to the recommended low bidder, Tree Trust, $87,759 VI.M. Request for Purchase; Placer Subscription, awarding the bid to the recommended low bidder, Placer Labs, $20,948 VI.N. Request for Purchase; SeeClickFix Annual Software Renewal, awarding the bid to the recommended low bidder, CivicPlus LLC, $23,289 VI.O. Request for Purchase; Edina Liquor Professional Services for Leadership Development Training, awarding the bid to the recommended low bidder, Distruptify LLC, $45,000 VI.P. Approve Bia Event Response Plan VI.Q. Request for Purchase; I-494 Corridor Commission Annual Membership Dues for 2024, awarding the bid to the recommended low bidder, $31,347,84 VI.R. Approve Out-of-State Travel for Mayor Hovland VI.S. Adopt Resolution No. 2024-12; Appointing Election Judges for the March 5 Presidential Nomination Primary Election VI.T. Adopt Resolution No. 2024-14; Signatory Resolution Authorizing Assistant City Manager VI.U. Adopt Resolution No. 2024-15; Authorizing Facsimile Signatures by Public Officials Rollcall: Ayes: Agnew, Jackson, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.G. COOPERATIVE AGREEMENT FOR FRED RICHARDS PARK ACCESS ROAD STORMWATER – APPROVED Agenda Item VII.A Minutes/Edina City Council/February 6, 2024 Page 4 The Council shared concerns in the agreement regarding right-of-way owned by a different property owner than Solhem Companies and the resulting concerns that could cause. Director of Engineering Millner explained the ownership and stormwater management of the access road and said the easement had been signed and the property owners were filing the document today. He spoke about how the developer tried to permit the two sites together which was not successful and how they will address stormwater access issues. He said the City will address stormwater once construction begins which was the purpose of the agreement then added the developer will construct the road while the City mitigates the stormwater permits in the future. City Attorney Kendall explained why Hillcrest was not a party to the cooperative agreement because it was for stormwater mitigation only. He said the separate easement was executed but not recorded but was currently in process and that this agreement was not for access but stormwater only and that he was comfortable with the document as proposed. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Agnew to approve cooperative agreement with 4620 LLC, for Fred Richards Park access road stormwater. Ayes: Agnew, Jackson, Risser, Hovland Motion carried. VII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VII.A. RESOLUTION NO. 2024-10 APPROVING PROPOSED APPLICATION FOR 2024 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBGRANTEE AGREEMENT – CONTINUED TO FEBRUARY 20, 2024 Affordable Housing Development Manager Hawkinson shared a staff report stating the Community Development Block Grant (CDBG) Program was a federal entitlement program administered by the U.S. Department of Housing and Urban Development (HUD) and managed by Hennepin County to oversee the distribution of funds to cities. The funds were to be used for improvements of housing and provide a suitable living environment for persons with low and moderate incomes. She said Edina’s estimated 2024 CDBG budget allotment was $153,828, which was the same as 2023. The amount allocated was based on the 2023 Appropriations Act and the American Community Survey. When HUD established the 2024 CDBG budget later this spring, Edina would be notified of any changes to its allotment. If a change in the budget occurred, the amount would be adjusted accordingly. Of the $153,828 total allocation, 15% ($23,074) was set aside for Public Services, which was administered by Hennepin County, and $130,754 was available for the Community Development portion of the CDBG allocation, which was approved by the Council. Brendo Lano-Wolke, Homes Within Reach, said they appreciated the partnership with the City and had a long list of people who wished to live in Edina then shared more about how funds were obtained and requirements for use and standards of rehab. She said they always reviewed health, safety and energy efficiency that included lead base paint and asbestos review as well as an energy efficiency study that included a HERZ rating. She spoke more about community line trust model that took title of the land then reviewed their requirements as residents had to obtain their own mortgages then lease the land to the homeowners, then noted all had the rights and responsibilities of home ownership and how Homes Within Reach retained right of first refusal in the event of a concern. She said without this program people would rent instead of own which was very important. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 8:26 p.m. Minutes/Edina City Council/February 6, 2024 Page 5 Public Testimony None. Member Jackson made a motion, seconded by Member Agnew, to close the public hearing on February 11, 2024 and continue consideration of Resolution 2023-10 approving the proposed allocation of 2024 Urban Hennepin County Community Development Block Grant (CDBG) Program Funds and authorizing execution of Subgrantee Agreement, to the February 20, 2024 City Council Meeting. Ayes: Agnew, Jackson, Risser, Hovland Motion carried. VIII. REPORTS/RECOMMENDATIONS VIII.A. RESOLUTION NO. 2024-13; ACCEPTING DONATIONS – ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2024-13, accepting donations. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Risser, Hovland Motion carried. VIII.B. REQUEST FOR PURCHASE: FIRE STATION 2 CONSTRUCTION -– APPROVED Project Manager Marquez shared staff requested approval of $24,143,126 worth of contracts to construct the new Fire Station 2 at 4401 76th St W. She said this action constituted a net $1,268,815 or 5.5% construction budget increase from the June 2023 approval and that while staff would work to manage soft costs down towards the 2023 budget a bond authorization increase, and thus, levy increase was expected. She shared the project background based on the June 2023 budget increase for preliminary design for the “better” option then shared schedule milestones and the need to award contracts this evening to retain that schedule and CIP bond public hearing for construction in spring 2024 and completion in August 2025. Ms. Marquez outlined the project budget progression in detail that totaled $47.3 million then outlined the budget shortfall and ways to address then reviewed the potential cost reduction ideas reviewed but not recommended at this time. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Agnew, to approve the request for purchase for Fire Station 2 construction, awarding approval of contracts to construction the new Fire Station 2 at 4401 76th Street W in the amount of $24,143,126, grant the budget increase as outlined to cover the $1,268,815 budget shortfall, and allow staff to manage soft costs down towards the 2023 budget. Ayes: Agnew, Jackson, Risser, Hovland Motion carried. VIII.C. SKETCH PLAN FOR 7235 FRANCE AVENUE – REVIEWED Community Development Director Teague shared Enclave Companies had submitted a revised sketch plan proposal for redevelopment of the Macy’s Furniture store site at 7235 France Avenue. The plan layout and proposed uses were generally consistent with the original sketch plan. The plans divide the site into four parcels as recommended in the Southdale Design Experience Guidelines. Revisions had been made to incorporate feedback from the Planning Commission and City Council during last year’s sketch plan review and accommodate either a bridge over France Avenue or an underpass to connect this development to the redevelopment project at 7200 & 7250 France Avenue. The width of the public space on the south side of the site had also been increased. These sketch plans were not as detailed as the previous sketch plan but it was worth noting the applicant did plan to step the buildings back from the promenade as shown originally and would follow the street room typologies in the Southdale Design Experience Guidelines. Agenda Item VII.A Minutes/Edina City Council/February 6, 2024 Page 6 Economic Development Manager Neuendorf reviewed the proposal further and staff’s work to ensure the public interest that resulted in contracting with Mike Fischer from LHB to work with the design team on behalf of the City with the goal of making a dramatic impact for the community. Mike Fischer, LHB, said this was a great opportunity for development to occur on two sides of the street and the importance of identifying ways to cross France Avenue and have this work in conjunction with private development. He outlined work to accomplish these goals which were occurring in different timelines and said he appreciated the collaboration to date. Patrick Brama, Enclave Development, shared the updated site plan that included expanded width of the regional trail and acknowledged the developer’s plans to expand the width to 15 feet or as directed by City. He shared plans to incorporate a restaurant pad and how they would work with the market to understand and make this successful for a mixed-use component. He spoke about their work to create inviting pedestrian spaces and said the northwest building with the required 900-foot setback and potential changes which included dropping the building to 8-9 stories then reviewed the adjusted site plan to accommodate multiple future France Avenue pedestrian connection strategies. Nate, Enger, ESG, spoke about adjacencies and connectivity and how the changes aligned the west side with the properties across the street and the importance of encouraging active use, walk up porches and balconies, and development landscaping. He shared about the confluence and activity happening at the promenade and how this would be a great activation node. He spoke about the lobby and amenity spaces for campus buildings and how all parking would occur at the first level and below grade. Mr. Enger shared about the medical office space planned which would have an office lobby and some retail use and their commitment to the internal promenade for the vitality of the overall community then shared about the parking demand ratios with residential versus other uses and how they could discuss height more if needed. He noted the parking podium could possibly decrease in the number of stories but highly depended on metrics. The Council asked questions and provided feedback. IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) – Received IX.A. MINUTES: COMMUNITY HEALTH COMMISSION, SEPTEMBER 11, OCTOBER 9, AND NOVEMBER 13, 2023 IX.B. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, DECEMBER 14, 2023 IX.C. MINUTES: TRANSPORTATION COMMISSION, DECEMBER 21, 2023 X. MANAGER’S COMMENTS – Received X.A. PREP MEMO FEBRUARY 6, 2024 XI. MAYOR AND COUNCIL COMMENTS – Received XII. ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 10:19 p.m. Ayes: Agnew, Jackson, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Sharon Allison (Feb 22, 2024 14:14 CST) Minutes/Edina City Council/February 6, 2024 Page 7 Minutes approved by Edina City Council, February 20, 2024. James B. Hovland, Mayor Video Copy of the February 6, 2024, meeting available.