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HomeMy WebLinkAbout2022-12-06 City Council Regular Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MEETING DECEMBER 6, 2022 7:00 PM 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 Anderson, Jackson, Pierce, Staunton, and Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Staunton made a motion, seconded by Member Anderson to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. V. COMMUNITY COMMENT Michael Sebek, 4401 Fondell Drive, shared positive comments about the proposed water utility rates, the need to value water as a resource, and thanked the Council for maintaining its infrastructure. Owen Michaelson, 4520 W. 56th Street, complimented hard-working Councilmembers, especially the outgoing members, and thanked them for being servants on behalf of the residents. Andy Biladeau, 6904 Wooddale Avenue South, shared concerns about speeding on West 70th Street and the need to address the matter then submitted a petition containing 375 signatures. Luke Andrie, 6924 Cornelia Drive, shared concerns regarding speeding on West 70th Street then shared examples of speeding while serving as a school crossing patrol and encouraged the Council to take action. Ralph Zickert, 4311 Cornelia Circle, said speeding on 66th Street was as much of a problem as West 70th Street and that 90% of the neighbors signed the petition, which showed this was a real concern that needed to be addressed. Nora Davis, 6921 Southdale Road, spoke about the need to address the speeding concerns on West 70th Street and the lack of consequences for poor driver behavior. David Frenkel, 4510 Lakeview Drive, suggested starting a program for community policing, similar to Brooklyn Park, and encouraged officers to patrol less on freeways and more on local streets. He suggested working with the National League of Cities when needing data to help make better decisions then suggested others be allowed to run for future Councils. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal shared an update from the Community Comments from the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Minutes/Edina City Council/December 6, 2022 Page 2 Member Jackson made a motion, seconded by Member Pierce approving the consent agenda as amended, removing Items VI.A, VI.C, and VI.D: V.A. Minutes of the Regular and Work Session Meetings of November 15, 2022 V.B. Approve Claims for Payment for Check Register Pre-List Dated November 10, 2022, totaling $1,156,144.74, Pre-List Dated November 18, 2022, totaling $1,138,381.53, and Pre-List Dated November 25, 2022, totaling $1,646,707.90 V.C. Tax Increment Financing Policy V.D. Ordinance No. 2020-04: Second Reading of an Ordinance Amendment for Hankerson Townhomes at 5132-5148 Hankerson Avenue V.E. Approve Joint Community Police Partnership Agreement V.F. Request for Purchase, City Hall Energy and Lighting Improvements, awarding the bid to the recommended low bidder, Humera Tech Inc., $1,066,321 V.G. Request for Purchase, Change Order #1 for City Hall Energy Lighting Improvements Professional Services, awarding the bid to the recommended low bidder, HGA Inc., $90,520 V.H. Approve Traffic Safety Report of October 25, 2022 V.I. Request for Purchase, Professional Services for Playground Design Services at Wooddale Park and Fox Meadow Park, awarding the bid to the recommended low bidder, WSB Engineering, $30,400 V.J. Request for Purchase, 2023 Western Star Tandem Axle Truck with JCraft Plow Body, awarding the bid to the recommended low bidder, Boyer Ford, $299,677.11 V.K. Request for Purchase, 2023 Western Star Single Axle Truck with JCraft Plow Body, awarding the bid to the recommended low bidder, Boyer Ford, $308,440.62 V.L. Request for Purchase, 2023 Freightliner Truck with Vac Con Body, awarding the bid to the recommended low bidder, $584,854.00 V.M. Approve Public Health Services Agreement with City of Bloomington Public Health V.N. Approve Metropolitan Minnesota Public & Environmental Health Mutual Aid Agreement V.O. Request for Purchase, Minnesota Task Force 1 Helmets, awarding the bid to the recommended low bidder, Municipal Emergency Services, Inc., $48,037.70 V.P. Ordinance No. 2022-20: Amending Chapter 2 of the City Code, Setting Fees for 2023 V.Q. Ordinance No. 2022-21: Amending Chapter 2 of the City Code, Concerning a Local Sales and Use Tax V.R. Resolution No. 2022-111: Approving Deferral of Special Assessments V.S. Approve 2023 City Observances/Days of Significance V.T. Approve 2023 Commission Work Plans V.U. Resolution No. 2022-108: Setting Polling Locations for 2023 V.V. Approve Out-of-State Travel for Mayor Hovland V.W. Approve Summary Publication for Ordinance No. 2022-21 Concerning a Local Sales and Use Tax Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA V.A. MINUTES OF THE REGULAR AND WORK SESSION MEETINGS OF NOVEMBER 15, 2022 – APPROVED Member Staunton said he needed to abstain from approval of meeting minutes from November 15, 2022, as he was absent. Member Staunton made a motion, seconded by Member Jackson, to approve the minutes of the Regular and Work Session Meetings of November 15, 2022, to reflect Member Staunton’s abstention. Rollcall: Minutes/Edina City Council/December 6, 2022 Page 3 Ayes: Anderson, Jackson, Pierce, and Hovland. Abstain: Staunton Motion carried. V.C. TAX INCREMENT FINANCING POLICY – POSTPONED TO DECEMBER 20, 2022 Member Anderson requested the item be postponed to the next Council meeting for further discussion. Member Staunton made a motion, seconded by Member Anderson, to postpone consideration of the Tax Increment Financing Policy to December 20, 2022. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. V.D. ORDINANCE NO. 2020-04: SECOND READING OF AN ORDINANCE AMENDMENT FOR HANKERSON TOWNHOMES AT 5132-5148 HANKERSON AVENUE – ADOPTED Member Anderson stated he needed to recuse himself from approval of the item and left the dais at 7:27 p.m. Member Staunton introduced and moved adoption of Resolution Nos. 2022-97 and 2022-98 and to grant second reading adopting Ordinance No. 2022-17, Comprehensive Plan Amendment, Rezoning and Site Plan review with Multiple Variances for 6016 Vernon Avenue. Seconded by Member Pierce. Rollcall: Ayes: Jackson, Pierce, Staunton, and Hovland. Abstain: Anderson Motion carried. Member Anderson returned to the dais at 7:28 p.m. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS: VII.A. 2022 TOM OYE AWARD – PRESENTED Chair Michael Epstein presented the Human Rights & Relations Commission (HRRC) 2022 Tom Oye Award to Sally Sudo, second generation Japanese American who lived through World War II. He said Ms. Sudo worked to share her experiences through presentations to schools, community groups, teacher workshops, and educational conferences and that her work was critical and impacted Edina. Sally Sudo thanked the HRRC for the award and shared her message that whenever injustice was seen people must be willing to speak out. VIII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VIII.A. RESOLUTION NO. 2022-97 AND 2022-98 AND ORDINANCE NO. 2022-17, COMPREHENSIVE PLAN AMENDMENT, REZONING AND SITE PLAN REVIEW WITH MULTIPLE VARIANCES FOR 6016 VERNON AVENUE – CONTINUED TO DECEMBER 20, 2022 Community Development Director Cary Teague said Special X Properties LLC was proposing to remodel and expand the existing Kee’s auto repair shop at 6016 Vernon Avenue into a 2,300 square foot, 54-indoor seat restaurant. The existing site was zoned PCD-4, Planned Commercial District, which allowed only automobile service centers, gas stations and car washes. Restaurants were allowed uses in the PCD-1, Planned Commercial Zoning District and the site was guided in the Comprehensive Plan for medium density residential use. The applicant submitted a revised site plan on November 30, 2022, that eliminated the second story office, reduced the number of indoor seats from 68 to 59, and eliminated the patio with the desire for rooftop dining but would be considered at a later date if approved. He spoke about the parking study then reviewed the changes submitted last week for the necessary variances which would not change staff recommendations but were with regard to trash enclosure location, 12-foot building setback but change Minutes/Edina City Council/December 6, 2022 Page 4 on west side from 5-foot to 8-foot. He shared comments received on Better Together that included noise and street parking concerns and a need for restaurant and destination to walk to then reviewed the variances in detail. Chris Davis, property owner and applicant, shared their plan for a community-focused restaurant use on a unique parcel and stated the existing building exceeds setbacks on two sides and the existing parking already had a variance then noted any housing project would require variances as well. He said they proposed a 54- seat restaurant with 24 parking spaces for a YUM-kitchen type concept and had polled the community who overwhelming wanted a restaurant to walk or bike to. He said while some believed a restaurant would change the character of the neighborhood this would be a much-needed amenity for Edina. Mr. Davis said the Comprehensive Plan was outdated and not appropriate for multi-tenant housing and requested support of the amendment. Christian Dean, Christian Dean Architects, said they worked on a similar restaurant on 70th and Penn Avenue and said this small-scale restaurant would revitalize an existing structure honoring Kevin Keys and would fit the urban fabric. He said this was a great project and responded medium-density housing would require more variances than this project and that because of the uniqueness of the site any project would require variances. Marty Collins, Special X Properties, said he liked to create experiences through restaurants to provide opportunities for people to meet with friends and family and wanted to do the same for residents on the west side of Edina. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 8:16 p.m. Public Testimony Peter Glerum, 5717 Continental Drive, addressed the Council. Matthew Pepper, 6004 Eden Prairie Road, addressed the Council. John Prosser, 6881 Langford Drive, addressed the Council. Kristin Horvath, 5601 Highwood Drive, addressed the Council. Julie Hansen, 5909 Walnut Drive, addressed the Council. Sarah Irwin, 6025 Kaymar Drive, addressed the Council. Lisa Juran, 5513 Highwood Drive, addressed the Council. Samuel Reid, 6012 Eden Prairie Road, addressed the Council. Tom Nevers, 6012 Kaymar Drive, addressed the Council. Tracy Pepper, 6004 Eden Prairie Road, addressed the Council. Patrick McGovern, 5101 William Avenue, addressed the Council. David Irwin, 6025 Kaymar Drive, addressed the Council. Christin Peterson, 6020 Leslee Lane, addressed the Council. Minutes/Edina City Council/December 6, 2022 Page 5 Scott Forbes, 6101 Saxony Road, addressed the Council. Michael Cashman, 5820 Vernon Lane, addressed the Council. Barbara Bender, 6105 Eden Prairie Road #A-36, addressed the Council. Lee Azar, 5608 Highwood Drive, addressed the Council. Pamela Allen, 6105 Eden Prairie Road #A-15, addressed the Council. Chris Cooper, 7008 Weston Circle, addressed the Council. Susan Larson, 6105 Eden Prairie Road #A-17, addressed the Council. Daniel Peterson, 6020 Leslee Lane, addressed the Council. Maureen Lannan, 6105 Eden Prairie Road #A-14, addressed the Council. Heidi Moon, 6009 Leslee Lane, addressed the Council. Krin Reid, 6012 Eden Prairie Road, addressed the Council. Adam Sonnenfeld, 6112 Kaymar Drive, addressed the Council. Mary Melander, 6105 Eden Prairie Road #A-35, addressed the Council. Dan Arom, 6016 Eden Prairie Road, addressed the Council. Nancy Scherer, 6105 Eden Prairie Road #A-32, addressed the Council. Etienne Laubignat, 6028 Kaymar Drive, addressed the Council. Sedona Timm, 6000 Eden Prairie Road, addressed the Council. Blaine Andersen, 5721 Blake Road, addressed the Council. Jeremie Kass, 6016 Kaymar Drive, addressed the Council. Karen Rulifson, 5604 Heather Lane, addressed the Council. Mary Kenealy-Bredice, 6020 Kaymar Drive, addressed the Council. Rick Stone, 6008 Kaymar Drive, addressed the Council. John Wellborn, 6008 Eden Prairie Road, addressed the Council. Brittney Fox, 6101 Kaymar Drive, addressed the Council. Rick Cabalka, 6108 Habitat Court, addressed the Council. David Rulifson, 5604 Heather Lane, addressed the Council. Marcia Miller, 6105 Eden Prairie Road #A-16, addressed the Council. Minutes/Edina City Council/December 6, 2022 Page 6 Megan Stone, 6008 Kaymar Drive, addressed the Council. Karen Van Dyke, 5425 Highwood Drive, addressed the Council. Tom Kohlbry, 6004 Kaymar Drive, addressed the Council. Lucy Peterson, 5600 Highwood Drive, addressed the Council. Cara Andersen, 5721 Blake Road, addressed the Council. Member Pierce made a motion, seconded by Member Jackson, to close the public hearing at noon on December 12, 2022, and continue consideration of Resolution No. 2022-97 and 2022- 98 and Ordinance No. 2022-17, Comprehensive Plan Amendment, Rezoning and Site Plan review with Multiple Variances for 6016 Vernon Avenue until December 20, 2022. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. The Council recessed at 10:00 p.m. and reconvened at 10:06 p.m. VIII.B. RESOLUTION NO. 2022-110, MORNINGSIDE C NEIGHBORHOOD ROADWAY RECONSTRUCTION, IMPROVEMENT NO. BA-462 – CONTINUED TO DECEMBER 20, 2022 Director of Engineering Millner said this staff-initiated project proposed to reconstruct Grimes Avenue, Inglewood Avenue, Kipling Avenue, Lynn Avenue and Monterey Avenue and included West 40th Street within the cities of Edina and St. Louis Park. The overall project cost was estimated at $8,407,200 and funding would be a combination of special assessments, City Utility and Pedestrian and Cyclists Safety (PACS) funds, and property taxes. Staff analyzed the project and believed the project was necessary, cost-effective, and feasible from an engineering standpoint. Project Engineer Gerk shared further details of the project that would involve 128 properties and 1.4 miles of road and noted Natchez was not in the project area. He said the project included replaced lined watermain and water services, verify hydrant space and added where needed and would be paid for under watermain fund. He reviewed proposed storm sewer improvements that included replacement of curb and gutter and install sump drain pipe where feasible and proposed roadway improvements that included sidewalks and bicycle improvements. Assistant City Engineer Ditzler further reviewed the proposed project costs, funding, and assessments for $8,407,200, assigned benefitting properties of public improvements and the transition of assessments in 2021 to be through taxes over 16 years. He said the proposed assessment would be $13,800 per residential assessment unit then reviewed payment options and project schedule with the final assessment hearing in October 2024. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 10:35 p.m. Public Testimony Ed Mathie, 4011 Kipling Avenue, addressed the Council. Joni Bennett, 4003 Lynn Avenue, addressed the Council. Paul Domholt, 4025 Kipling Avenue, addressed the Council. Minutes/Edina City Council/December 6, 2022 Page 7 Member Staunton made a motion, seconded by Member Jackson, to close the public hearing at noon on December 14, 2022, and continue consideration of Resolution No. 2022-110, Ordering Improvement for Morningside C Neighborhood Roadway Reconstruction, Improvement No. BA-462 until December 20, 2022. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.C. RESOLUTION NO. 2022-109, SETTING 2023 TAX LEVY AND ADOPTING OPERATING BUDGET, APPROVE 2023-2028 CIP – CONTINUED TO DECEMBER 20, 2022 Manager Neal said the City started the 2022-2023 budget development process early in 2021 and on December 7, 2021, Council adopted the 2022-2023 budget. The rationale behind a two-year budget was to spend more time in the second year on the Capital Improvement Plan (CIP) and less time making changes to the operating budget. During 2022, inflationary pressures that were unknown in 2021 had led to changes to the 2023 operating budget and levy and those changes were incorporated into the budget documents. The City Council reviewed the proposed 2023 budget and adopted the preliminary levy for taxes payable in 2023 on September 20, 2022. The levy for 2023 was $4,4,87,664 or 9.89% more than the 2022 levy. Council also reviewed the 2023-2028 CIP at the August 16, 2022, work session and he shared the list of the projects funded in the 2023-2028 CIP by funding source. Mr. Neal said staff recommended Council take action at the December 20, 2022, meeting to approve the preliminary levy as the final resolution was shared. He noted approval of the CIP did not have a statutory deadline but staff recommends approval of the CIP on December 6, 2022. The Council asked questions and provided feedback. Mayor Hovland opened the public hearing at 11:15 p.m. Public Testimony No one appeared. Member Staunton made a motion, seconded by Member Pierce, to continue the public hearing until December 12, 2022, and continue consideration of Resolution No. 2022-109, Setting 2023 Tax Levy and Adopting Operating Budget and to approve the 2023-2028 CIP until December 20, 2022. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX. REPORTS AND RECOMMENDATIONS IX.A. RESOLUTION NO. 2022-104 AND ORDINANCE NO. 2022-19, SITE PLAN REVIEW AND ORDINANCE AMENDMENT – 4901 WEST 77TH STREET – ADOPTED AS AMENDED Mr. Teague said First Bank and Trust was proposing to build a 15,000 square foot office and bank with an interior drive-through at the vacant site at 4901 77th St. W. within Pentagon Village. The request required site plan review and ordinance amendment to allow an interior facing sign. Pentagon Village was a 12.5-acre site zoned PUD-17. The subject property was Lot 4 within the overall master plan that called for a future 19,000 square foot office/retail building. The proposed building was generally within the same building pad and the action required site plan review and an ordinance amendment to allow interior facing signage. The Council asked questions and provided feedback. Jay Scott, Salmon Real Estate Group, responded to questions by the Council for a sidewalk connection stating it would be a challenge to have as concrete/steps but that mulch would be feasible. He shared the Minutes/Edina City Council/December 6, 2022 Page 8 drive-through location was considered and concluded due to existing conditions of topography and water table which dictated the finished floor elevation. Member Jackson introduced and moved adoption of Resolution No. 2022-104 approving a site plan review and ordinance amendment for signage at 4901 West 77th street for First Bank and Trust as amended with the addition of Condition 7 that if determined by City staff to be feasible an unpaved sidewalk connection would be added to the northwest corner of site to connect the public sidewalk to the bank and waive second reading and adopt Ordinance No. 2022-19 amending the Zoning Ordinance to revise the PUD-17, Planned Unit Development- 17 Zoning District. Member Anderson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. IX.B. RESOLUTION NO. 2022-105 SUBDIVISION WITH LOT AREA, WIDTH AND DEPTH VARIANCES FOR 6416 MCCAULEY CIRCLE – ADOPTED Mr. Teague said Dipendra Mahaseth had requested a subdivision with multiple variances to tear down the existing home at 6416 McCauley Circle and build two new homes. One home would gain access off McCauley Circle and the other off McCauley Terrace. Within this neighborhood, the minimum lot size was established by the median width, depth and area of all lots within 500 feet of the property therefore the minimum required lot area was18,731 square foot lot width 102 feet and lot depth 181 feet. To accommodate the request a subdivision and Lot Area, Width and Depth Variances for Lot 1; and Lot Depth Variance for Lot 2 was required. The Council asked questions and provided feedback. Member Pierce introduced and moved adoption of Resolution No. 2022-105 approving preliminary plat with variances at 6416 McCauley Circle. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Pierce, Staunton, and Hovland. Abstain: Jackson Motion carried. IX.C. PHASE 2 OF THE AMERICAN RESCUE PLAN ACT SPENDING PLAN – APPROVED AS AMENDED Mr. Neal said City of Edina received $4.9 million in federal funds through the American Rescue Plan Act (ARPA). The City Council approved a Phase 1 spending plan for $2.6 million of these funds July 21, 2021. The Council’s approval of the Phase 1 spending plan also directed City staff to come back to the Council with a Phase 2 spending plan before the end of 2022. He reviewed the proposed plan in detail and said a final memo of recommendations being approved would be provided. The Council asked questions and provided feedback. Member Staunton made a motion, seconded by Member Anderson, to approve Phase 2 of the American Rescue Plan Act Spending Plan as recommended by staff and amended. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. X. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received X.A. HERITAGE PRESERVATION COMMISSION ADVISORY COMMUNICATION, 2022 WORK PLAN ITEM – CENTURY HOMES PROGRAM X.B. MINUTES: HUMAN RIGHTS & RELATIONS COMMISSION, OCTOBER 25, 2022 Minutes/Edina City Council/December 6, 2022 Page 9 X.C. MINUTES: TRANSPORTATION COMMISSION, OCTOBER 27, 2022 X.D. MINUTES: ENERGY & ENVIRONMENT COMMISSION, OCTOBER 13, 2022 XI. MANAGER’S COMMENTS – Received XI.A. BOARD & COMMISSION SELECTION PROCESS XI.B. LOCAL SALES AND USE TAX UPDATE XI.C. LEGISLATIVE PLATFORM XI.D. 2023 HUMAN SERVICES TASK FORCE STAFF REPORT XI.E. 2022 BODY-WORN CAMERA AUDIT EXECUTIVE SUMMARY REPORT XI.F. PREP MEMO FOR DECEMBER 6, 2022 XII. MAYOR AND COUNCIL COMMENTS – Received XIII. ADJOURNMENT Member Staunton made a motion, seconded by Member Jackson, to adjourn the meeting at 11:51 p.m. Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, December 20, 2022. James B. Hovland, Mayor Video Copy of the December 6, 2022, meeting available.