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HomeMy WebLinkAbout2024-04-16 City Council Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL APRIL 16, 2024 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:03 p.m. then shared the procedure for public hearing and community comment. 11. ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, and Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Jackson made a motion, seconded by Member Agnew, to approve the meeting agenda as published. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. V. COMMUNITY COMMENT Harry McLenighan, 7200 York, shared ideas about City government and dual roles as Council and HRA members regarding topics such as affordable housing then asked the Council to remind themselves who they represented. He said this was not a democracy but a republic and the Council did not represent state, county, regional, or aspiring Edina residents and said current resident input should take priority. He spoke about Edina's at-large system and how members were elected to represent the entire City at-large and said the same direction should apply to City staff. Janey Westin, 6130 Brookview Avenue, shared concerns about the current City tree ordinance which was not limited to just residential properties because it included subdivision, with parkland as the only exception. She said she's heard in meetings that it does not include commercial properties, but the language did not specify that commercial properties were excluded. She shared about a recent tree removal and how nothing in the ordinance address if a tree was removed due to the power company. She said the ordinance should address if a homeowner was obligated to replace a tree if Xcel Energy deemed the tree should be removed then commented about other potential tree diseases and providing necessary guidance for property owners. VI.A. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS City Manager Neal responded to Community Comments from current and past meetings. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Jackson made a motion, seconded by Member Pierce, approving the consent agenda as amended removing Item VI.E., Request for Purchase; 2024 Asphalt and Concrete Recycling, as follows: VI.A. Approve Minutes of the Work Session and Regular Meeting of April 2, 2024 VI.B. Approve Claims for Payment for Check Register Pre-List Dated March 29, 2024, totaling $1,837,054.65 and Check Register Claims Pre-List Dated April 5, 2024, totaling $1,243,832.74 VI.C. Request for Purchase; Parks and Recreation Annual Software Renewal, awarding the bid to the recommended low bidder, CivicPlus, LLC, $45,075.94 VI.D. Approve Embedded Social Worker Joint Powers Agreement Page 1 Minutes/Edina City Council/April 16, 2024 - : - VI.F. Request for Purchase; 2024 Commodities, awarding the bid to the recommended low bidders as presented VI.G. Request for Purchase; ENG 24-2 Concord B&C Reconstruction Materials Testing, awarding the bid to the recommended low bidder, Braun Interec, $43,878 VI.H. Request for Purchase; Three-Year Home Energy Squad Contract, awarding the bid to the recommended low bidder, Center for Energy and Environment, $30,000 VI.I. Approve Clean Water Strategy Vision (Values and Goals) VI.J. Traffic Safety Report of February 27, 2024 VI.K. Approve Joint Powers Agreement for Construction of Metro E-Line Bus Rapid Transit VI.L. Approve Encroachment Agreement with 5020 Blake Road VI.M. Receive Petition for White Oaks Sidewalk and Road Construction Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.E. REQUEST FOR PURCHASE; 2024 ASPHALT AND CONCRETE RECYCLING — AWARDED The Council asked for more information regarding this item. Director of Engineering Millner explained how materials were used from water main breaks and ground up and excavated and used for backfill in other projects. Member Risser made a motion, seconded by Member Agnew, to approve request for purchase; 2024 asphalt and concrete recycling, awarding the bid to the recommended low bidder, Intext $62,700.00. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. EDINA HIGH SCHOOL BOYS SWIMMING AND DIVING TEAM — RECOGNIZED The Council recognized the Edina High School Boys Swimming and Diving Team for winning the state championship in the 2023-2024 school year. Head Swimming Coach Scott Johnson and Diving Coach John Dailey thanked the Council for being recognized for their state championship win. A round of applause was offered by all in attendance. VII.B. 2023 EDINA CRIME PREVENTION FUND FIREFIGHTER OF THE YEAR — RECOGNIZED Fire Chief Slama said the Edina Crime Prevention Fund sponsored the 2023 Firefighter of the Year award and that Allie Adie was selected as the 2023 Firefighter of the Year for her accomplishments and work for the Edina Fire Department and community. He shared her background and how she led by example by being practiced and prepared and complimented her work with the community. He said she promoted the family- oriented values of the Fire Department and complimented her ability to remain positive and provide a voice of encouragement and asked the Council to recognize Paramedic Firefighter Adie. Firefighter Adie thanked the Council and said this was an incredible honor for her and the entire shift and department. A round of applause was offered by all in attendance. VII.C. SMALL BUSINESS WEEK— PROCLAIMED Page 2 Minutes/Edina City Council/April 16, 2024 Member Jackson made a motion, seconded by Member Pierce, to proclaim April 28-May 4, 2024, as Small Business Week in the City of Edina. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Economic Development Manager Neuendorf said the U.S. Small Business Administration recognized the vital role of small businesses in the national economy and said there were more than 2,400 businesses located in Edina and each of these small businesses contributed to the regional economy and the local community. Shelly Loberg, Edina Chamber of Commerce, shared how the Chamber worked to connect people and businesses and showcase all the amazing small businesses in Edina. Annette Wildenauer, Edina Innovation Lab, spoke about the opportunity to offer executive education to businesses and said it was exciting to see small businesses grow and thrive as they were the backbone of the community. Rebecca Sorenson, 50th and France Business and Professional Association, shared how it was always small businesses who stepped up to support the community and were the lifeblood of the community then encouraged the community to visit and shop small businesses. A round of applause was offered by those in attendance. VII.D. EARTH DAY APRIL 22, 2024 — PROCLAIMED Member Jackson made a motion, seconded by Member Agnew, to proclaim April 22, 2024, as Earth Day in the City of Edina. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Mr. Millner said Earth Day was commemorated annually April 22 to demonstrate support for environmental protection, advance sustainability initiatives, and raise awareness about climate change around the world. He said the proclamation highlighted Earth Day and the City's Climate Action Plan then shared about work in Weber Park as well as tax credits and rebates for e-bikes and HVAC systems then shared about the upcoming event at Public Works on May 15 where residents could learn more about electrifying their homes. Paul Thompson, Edina, thanked the high school students from 2007 who challenged the City to create an Energy Commission and said much had happened in 20 years. He said every day was Earth Day then shared about the tree planting event on April 26 and the clothing swap event on May 9 then spoke about the Earth Day event activities that would be held April 20. VII.E. ARBOR DAY APRIL 26, 2024 — PROCLAIMED Member Jackson made a motion, seconded by Member Pierce, to proclaim April 26, 2024, as Arbor Day in the City of Edina. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. City Forester Overholt said Arbor Day was a holiday that originated in Nebraska City, Nebraska by J. Sterling Morton, to encourage the planting and caring for trees. The first Arbor Day was held on April 10, 1872, and an estimated one million trees were planted that day. Many countries now observe a similar holiday and that this would be Edina's 26th year as a Tree City USA city and the 4th year as a Tree City of the World. Recognition was received annually as a Tree City for meeting their four core standards: maintaining a tree board or department, having a community tree ordinance, spending at least $2 per capita on urban Page 3 Minutes/Edina City Council/April 16. 2024 forestry, and celebrating Arbor Day. He outlined the criteria for Tree Cities of the World that included five core standards and said Edina and Minneapolis were the only two cities in the state of Minnesota to hold this designation. He said the increased benefits included clean water, clean air, stormwater management, lower urban temperatures, better mental health, and crime reduction. He spoke about the Edina Arbor Day celebration on April 26, 2024, at Centennial Lakes Park where staff would help plant over 90 new trees throughout the park and have free tree seedlings available. VII.F. DAYS OF REMEMBRANCE MAY 6, 2024 — PROCLAIMED Member Jackson made a motion, seconded by Member Agnew, to proclaim Days of Remembrance in the City of Edina. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Human Rights and Relations Commissioner Nelson said the national annual commemoration of the Days of Remembrance will take place on May 6, 2024. The City adds its voice to this commemoration through the adoption of this proclamation. In 2011, the City was among the first local governments to adopt such a proclamation and host a community education event. That tradition continues with this proclamation and the Human Rights & Relations Commission's May 15, 2024, Days of Remembrance event. He said the HRC recommended some terms to be modernized and that genocide continues and shared more about the upcoming event. VII.G. BUILDING SAFETY MONTH MAY 2024 — PROCLAIMED Member Jackson made a motion, seconded by Member Agnew, to proclaim May 2024 as Building Safety Month in the City of Edina. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Chief Building Official Borwege said this proclamation for May of 2024 was Building Safety Month demonstrated our commitment to building safety and fire prevention in our community then outlined the theme of Mission Possible 2024. He said Building Safety Month was a public awareness campaign to help individuals, families and businesses understand what it took to create safe and sustainable structures. The campaign reinforced the need for adoption of modern, model building codes, a strong and efficient system of code enforcement and a well-trained, professional workforce to maintain the system. The campaign was presented by the ICC and its 64,000 members worldwide along with a diverse partnership of professionals from the building construction, design and safety community. Corporations, government agencies, professional associations, nonprofits and more came together to support Building Safety Month because they understood the need for safe and sustainable structures where the community lived, worked and played. He outlined the department's work to educate the community and increase public awareness of the role building safety and fire prevention officials, local and state building departments and federal agencies play to protect lives and property. A round of applause was offered by those in attendance. VIII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VIII.A. PUBLIC HEARING RESOLUTION NO. 2024-24; PRELIMINARY REZONING AND SITE PLAN, VARIANCES AND SUBDIVISION FOR 6600-6800 FRANCE AVENUE — CONTINUED TO MAY 7, 2024 Mr. Neal shared the process outlined in Statute and how as long as continuance was provided during a public hearing but noted current meets state Statue. The Council asked questions and provided feedback. Page 4 Minutes/Edina City Council/April 16. 2024 City Attorney Kendall said the City could always provide additional public notice but as long as the City noted the new public hearing date the statute requirements were met. Member Jackson made a motion, seconded by Member Pierce, to continue the public hearing and consideration of Resolution No. 2024-24, Preliminary Rezoning and Site Plan, Variances and subdivision for 6600-6800 France Avenue, to the May 7, 2024, meeting. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ►X. REPORTS/RECOMMENDATIONS IX.A. VIII.A. RESOLUTION NO. 2024-29; ACCEPTING DONATIONS - ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2024-29, accepting donations. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Risser, Hovland Motion carried. IX.B. CONSERVATION EASEMENT AND PURCHASE OF VACANT LAND AT 5235 HIGH WOOD DRIVE — INITIATED Community Development Director Teague said Andy Carter, on behalf of his neighbors, was requesting consideration of the City to purchase the vacant parcel at 5235 Highwood Drive and agree to hold for public purpose. The neighbors agreed to special assessments to reimburse the City and to obtain a conservation easement on the parcel so that it remained in its natural conditions and protects the trees. If the Council was agreeable with the request, staff would have the City Attorney draft a purchase agreement that would be subject to future Council approval. The neighbors have agreed to reimburse the City for the assessed value in the amount of $150,000 using the MN Chapter 429 Special Assessment process. He said Parcel C was the result of lot line adjustments to the adjacent parcels to add property to their existing lots and the resulting parcel was just 9,453 square feet and would not meet minimum lots requirements. Andy Carter, 6012 Pinegrove Road, introduced his neighbors and detailed their request then noted this would be a powerful action to take on Earth Day. He outlined ownership of the property to the south and the parcel and said the family's wish was to retain the property as green space in conjunction with the Climate Action Plan so it was beneficial to all. He shared about the current wildlife on the property and the full mature tree canopy coverage and said they were asking the City to finance the purchase and utilize the assessment process to recoup the purchase costs. He spoke about the manner in which they split the lots which made it difficult to construct a home and how this action would guarantee green space in the heart of one of the largest urban canopies in Edina. He shared about the neighborhood group participation to voluntarily finance the purchase and asked the City to finance 48% of Parcel C in exchange for ownership. Andy Bennett, thanked staff for their assistance in this project and shared background of the previous property owner and how the City worked to improve tree canopy years ago in Morningside. He shared how the neighborhood would like to see this lot remain undeveloped but the previous owner's estate wouldn't allow for its purchase then said the parcel had 32-foot rise from front to back of property which made it difficult to build because of the high cost. Mr. Neal explained the special assessment process and if approved the necessary agreements that would be signed by the property owners. Leonard Blum, 5240 Highwood Drive, shared he would like to commit financially to see the land preserved and recognized the tradeoff for environmental protection and affordable housing and supported the initiative because affordable housing was not an option here. He said this action would preserve the environment and give it to the City rather than the neighborhood as the City would preserve the parcel in perpetuity. Page 5 Minutes/Edina City Council/April 16, 2024 The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Agnew, to initiate the MN Chapter 429 Special Assessment process to create financing to purchase the property and approve the conservation easement for Parcel C vacant land at 5235 Highwood Drive. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. IX.C. SIDEWALK LAYOUT FOR CONCORD AVENUE IN THE CONCORD B & C STREET RECONSTRUCTION PROJECT — APPROVED Mr. Millner said staff and the Council had a discussion about the installation of a pedestrian facility along Concord Avenue between Valley View Road and 64th Street at the last meeting where Council directed staff to install a 5-ft wide sidewalk. He said whether the sidewalk could have a boulevard or not was not decided based on questions related to the fire code. Staff met with the fire department and legal counsel and while the fire department supported the living street plan recommendations as it related to Fire Department Operations and Fire Code the sidewalk location was at the discretion of the Council and not related to the fire code. He said after review staff recommended a 5-ft wide sidewalk with a 5-ft wide boulevard along the west side of Concord Avenue. Chief Slama shared interpretation of Fire Code and sidewalk width and modifications for fire apparatus access road and width and the ability to allow variances by the Edina Fire Department. He said they had no concerns with the living streets design proposal and that this would be the only road they would use that would require specific training so they did not recommend using the sidewalk for apparatus access. He said the current space was suitable and considered the pedestrian safety and traffic flow and recommend a buffer notification instead. The Council asked questions and provided feedback. Member Pierce made a motion, seconded by Member Hovland, to approve a sidewalk along the west side of Concord Avenue from Valley View Road to 64th Street as a 5-ft wide sidewalk with a 5-ft wide boulevard. Rollcall: Ayes: Agnew, Pierce, Risser, Hovland Abstain: Jackson Motion carried. ►X.D. FIRST READING OF ORDINANCE NO. 2024-02 REGARDING ACCESSORY DWELLING UNITS — APPROVED Mr. Lewis shared a report stating accessory dwelling units (ADUs) had been identified in several of Edina's guiding documents, including the Comprehensive Plan, Climate Action Plan and the Affordable Housing Strategy Task Force Report as a potential tool to further housing and sustainability goals. As such, the Edina Planning Commission's 2022 and 2023 work plans included the directive to "review and recommend changes to city ordinances regulating Accessory Dwelling Units". Staff and a sub-committee of the Planning Commission met numerous times in 2022 to research ADUs and how other cities regulate them. The ordinances of more than 20 other communities were reviewed. The information was presented to the full Planning Commission at their November 16, 2022, work session and at their January I I, 2023, meeting, the Planning Commission approved an Advisory Communication recommending that the City Council direct staff and the Planning Commission to draft an ordinance allowing ADUs. The Planning Commission's recommendation was presented to the City Council on February 7, 2023, meeting. He said at the May 16, 2023, City Council work session, Council provided feedback to staff and the Planning Commission to continue with developing recommended zoning changes for ADUs and to collect community input. Feedback was gathered from the community using an online survey. Two resident focus group sessions were also held to have deeper conversations regarding ADUs in Edina. The Planning Commission held four work sessions Page 6 Minutes/Edina City Council/April 16, 2024 in 2023 and 2024 to review the survey results and develop the framework for the proposed ordinance and based on the research completed and feedback received, a draft ordinance was prepared for consideration. At the Mar. 13, 2024, Planning Commission meeting, the Planning Commission voted unanimously to recommend approval of the proposed ordinance with the deletion of provision 36-439, 2, g. which stated "accessory dwelling units shall be constructed on a frost protected foundation." Staff was comfortable with the deletion from the zoning code as frost protection was addressed in the building code. He shared the City's building coverage requirements and an example of maximum ADU size and how it would not be any more than what was currently allowed in code. The Council asked questions and provided feedback. Member Agnew moved to grant First and waive Second Reading adopting Ordinance No. 2024-02 regarding accessory dwelling units with the Planning Commission's recommendation to delete provision 36-439, 2, g. regarding accessory dwelling units shall be constructed on a frost protected foundation. Seconded by Member Jackson. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. X. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) — Received X.A. MINUTES: TRANSPORTATION COMMISSION, FEBRUARY 15, 2024 X.B. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, FEBRUARY 27, 2024 X.C. MINUTES: PARKS AND RECREATION COMMISSION MARCH 12, 2024 X.D. ADVISORY COMMUNICATION: CONCORD BIC ROADWAY RECONSTRUCTION PROJECT PEDESTRIAN AND BICYCLE FACILITIES XI. MANAGER'S COMMENTS — Received XI.A. PREP MEMO APRIL 16, 2024 XI.B. QUARTERLY FINANCIAL REPORT XII. MAYOR AND COUNCIL COMMENTS — Received XIII. ADJOURNMENT Mayor Hovland adjourned the meeting at 9:44 p.m. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Minutes approved by Edina City Council, May 7, 2024. Video Copy of the April 16, 2024, meeting available. 1611,00 Sham-1114'u Slat 'Clerk .1A "IL am- ovland, Mayor Page 7