HomeMy WebLinkAbout2024-11-06 City Council Meeting MinutesMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
NOVEMBER 6, 2024
7:00 P.M.
1.0 CALL TO ORDER
Mayor Hovland called the meeting to order at 7:00 p.m.
2.0 ROLLCALL
Answering rollcall were Members Agnew, Jackson, Pierce, Risser, and Hovland.
3.0 PLEDGE OF ALLEGIANCE
4.0 MEETING AGENDA — APPROVED
Member Pierce made a motion, seconded by Member Jackson, approving the meeting agenda.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
5.0 COMMUNITY COMMENT
Janey Westin, 6136 Brookview Avenue, commented on the oak tree at 4404 W 58th Street that was cut
down and stated that she did not see any need for removal of the tree. She stated there has to be a better
way for the City to keep the old-growth oak trees.
Nora Davis, 6921 Southdale Road, commented on the City's weed ordinance for homeowners. She does
not understand how it is okay for the empty site at 70th and France to have weeds that are 5-6 feet high.
5.1. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS
City Manager Neal responded to Community Comments from current and past meetings.
6.0 CONSENT AGENDA — ADOPTED
Member Jackson made a motion, seconded by Member Pierce, approving the consent agenda
as follows:
6.1. Approve regular and work session meeting minutes of October 15, 2024
6.2. Approve Claims for Payment for Check Register Pre-List Dated October I I, 2024,
totaling $1,457,069.80, Check Register Claims Pre-List Dated October 18, 2024,
totaling $3,142„271.01, and Check Register Claims Pre-List Dated October 25, 2024,
totaling $1,424,179.30
6.3. Adopt Resolution No. 2024-95, Setting Public Hearing Date for Issuance of Bonds on
Behalf of Children's Health Care (Host Approval)
6.4. Request for Purchase, Audit Services, awarding the bid to the recommended low
bidder, BerganKDV Ltd at $368,755
6.5. Request for Purchase, Yancey Park Playground Equipment, awarding the bid to the
recommended low bidder, Playpower LT (Little Tikes Commercial) at $174,917.41
6.6. Request for Purchase, Birchcrest Park Playground Equipment, awarding the bid to the
recommended low bidder, Playpower LT (Little Tikes Commercial) at $149,952.56
6.7. Request for Purchase, Lewis Park Sport Lightings Electrical and Conduit, awarding the
bid to the recommended low bidders, Neo Electrical Solutions and Kilmer Electrical at
$86,450 and $46,500 respectively.
6.8. Waive Permit Fees for Lewis Park Sports Lighting Project
6.9. Request for Purchase, Highlands Park Playground Equipment, awarding the bid to the
recommended low bidder, Playpower LT (Little Tikes Commercial) at $174,649.63
6.10. Request for Purchase, Tree Removal Services, awarding the bid to the recommended
low bidder, Rainbow Treecare at $24,536
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Minutes/Edina City Council/November 6, 2024
6.11. Adopt Resolution No. 2024-96, Authorizing Intensive Comprehensive Peace Officer
Education and Training Program Grant Approval
6.12. Request for Purchase, Adobe Software subscription, awarding the bid to the
recommended low bidder, LOGIS (SHI) at $27,170.73
6.13. Request for Purchase, Card Access System Replacement, awarding the bid to the
recommended low bidder, Pro-Tec Design at $551,818.19
6.14. Request for Purchase, Cityworks Annual Contract, awarding the bid to the
recommended low bidder, Azteca System Holdings LLC at $37,080
6.15. Request for Purchase, Well 15 Rehabilitation, awarding the bid to the recommended
low bidder, EH Renner & Sons at $26,200
6.16. Request for Purchase, Aquatic Center Pump Room Construction Documents, awarding
the bid to the recommended low bidder, HGA at $279,080.00
6.17. Request for Purchase, Change Order #1: 50th Street and Grange Road Improvements,
awarding the bid to the recommended low bidder, S.M.Henges and Sons at $420,584.24
6.18. Adopt Resolution No. 2024-88, Submitting an Application for Noise Wall #62
Improvements by MnDOT
6.19. Adopt Resolution No. 2024-89, Submitting an Application for Noise Wall #68
Improvements by MnDOT
6.20. Adopt Resolution No. 2024-92, Setting Public Improvement Hearing Date for
Presidents A and B Neighborhood Roadway Reconstruction
6.21. Accept Traffic Safety Report of September 24, 2024
6.22. Adopt Resolution No. 2024-94, Approve Master Grant Agreement with the Minnesota
Department of Health
6.23. 2025 Meeting Calendar of Meeting and Religious Observance Dates
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
7.0 SPECIAL RECOGNITIONS AND PRESENTATIONS
7.1. 2024 "IMAGES OF EDINA" PHOTO CONTEST — RECOGNIZED
Dan Doar, Graphic Designer, presented the categories for "Images of Edina" and announced the winners of
the photo contest, as follows:
Activities & Events — "Dream Big Dreams" by Laura Heinmiller
Business — "Movie Night" by Stephanie Thomas
People — "Wheels" by Stephanie Thomas
Places in Edina — "Pamela Park Channel on a Snowy Day" by Deanne (Becker) Probst
Plants & Animals — "Hollyhock High-Stepper" by Judy Full(
Reader's Choice — "Watch Dogs" by Rebecca Peterson
Best in Show — "Movie Night" by Stephanie Thomas
The Council expressed its congratulations to all the winners.
8.0 PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file.
8.1. ORDINANCES NO. 2024-08 AND 2024-09 AMENDING CHAPTER 36 AND CHAPTER 12
REGARDING RECREATIONAL ADULT-USE CANNABIS ZONING AND REGISTRATION —
CONTINUED TO NOVEMBER 19, 2024
Management Fellow Zoe Johnson and Community Development Coordinator Addison Lewis presented
information including an overview of cannabis law in Minnesota, timeline, State OCM responsibilities, local
control considerations, cannabis local control registration, zoning districts, buffers, retail, zoning standards,
and additional State requirements. Community Development Coordinator Lewis also gave information on
the recommendation from the Planning Commission.
The Council asked questions regarding cannabis being smoked near daycares on sidewalks, special zoning
designation for daycares and treatment facilities, compliance checks, regulation of hours, what is being
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Minutes/Edina City Council/November 6, 2024
protected against by the ordinance, the cost to the City around managing compliance, regulations for
temporary cannabis events, on-site vs. off-site consumption, and fees charged for cannabis licenses.
The Council expressed concerns regarding how to ensure safety with the use of cannabis products.
Community Health Administrator Brown stated it would be hard to enforce stopping people from smoking
in public areas. He also stated that it is a very similar process of managing cannabis compliance compared to
tobacco and alcohol. He presented information about what is included in the State licensing fees.
Community Development Coordinator Lewis stated that there are a lot of safety regulations in State law.
City Attorney Kendall reviewed information from the OCM regarding temporary cannabis events and the
controls the City would have.
Mayor Hovland opened the public hearing at 8:06 p.m.
Public Testimony
Janey Westin, 6136 Brookview Avenue, addressed the Council.
Krisanthy Sommerstad, 7204 Glouchester Drive, addressed the Council.
Nora Davis, 6921 Southdale Road, addressed the Council.
Member Jackson made a motion, seconded by Member Pierce, to close the in-person public
hearing, keep public comment open until Sunday, November 10, at noon, and continue action
to consider approval Ordinances No. 2024-08 and 2024-09 Amending Chapter 36 and Chapter
12 Regarding Recreational Adult-Use Cannabis Zoning and Registration, to the November 19,
2024, City Council meeting.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
9.0 REPORTS / RECOMMENDATIONS
9.1. RESOLUTION NO. 2024-93 ACCEPTING DONATIONS — ADOPTED
Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be
adopted by Resolution and approved by four favorable votes of the Council accepting the donations.
Member Jackson introduced and moved adoption of Resolution No. 2024-93 accepting various
grants and donations. Member Agnew seconded the motion.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
9.2. RESOLUTION NO. 2024-86, CONDITIONAL USE PERMIT WITH VARIANCES FOR A NEW
HOME AT 4208 PHILBROOK LANE — ADOPTED
Assistant City Planner Aaker reintroduced the project and gave an overview of the background history.
The Council commented on the innovation used in this project.
Member Jackson introduced and moved adoption of Resolution No. 2024-86, Conditional Use
Permit with Variances for a New Home at 4208 Philbrook Lane. Member Pierce seconded the
motion.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
9.3. RESOLUTION NO. 2024-90, APPROVING THE ACQUISITION OF REAL PROPERTY AND
DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY THE PLANNING
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COMMISSION, VACANT LAND PURCHASE AGREEMENT, AND RESOLUTION NO. 2024-
91, APPROVING AND ADOPTING SPECIAL ASSESSMENT AGREEMENTS AND
CONSERVATION EASEMENT — ADOPTED
City Engineer Millner presented the 4 actions being asked of the Council tonight, background information
on the requested consideration, and the land purchase price.
Community Development Director Teague stated that the next step would include creating an outlot, where
platting is required, and the lot lines would be shifted.
The Council expressed concerns regarding creating a parcel that does not meet zoning standards, the
expenditure of purchasing the land, and setting a precedent for other vacant lots.
The Council expressed a desire to explore other options for creating a conservation easement and asked
questions regarding how conservation easements work.
City Attorney Kendall stated if there is platting done, then it does not violate City Code, the platting is a
subdivision.
Andy Carter, 6012 Pine Grove Road, gave a brief overview of the history of the property and the surrounding
properties. He discussed the idea of maintaining this property as a green space.
The Council asked if other options were considered.
City Attorney Kendall noted that some agreements may have to be modified, if the platting application is
approved, to reflect the new legal descriptions.
Member Jackson introduced and moved adoption of Resolution No. 2024-90, approving the
Acquisition of Real Property and Dispensing with Statutory Requirements for review by the
Planning Commission, Vacant Land Purchase Agreement, and Resolution No. 2024-91,
approving and adopting Special Assessment Agreements and Conservation Easement, subject
to the modifications potentially created by the platting of the property. Member Pierce seconded
the motion.
Ayes: Agnew, Jackson, Pierce, Hovland
Nay: Risser
Motion carried.
9.4. RESOLUTION NO. 2024-50 AND ORDINANCE NO. 2024-05, PRELIMINARY SITE PLAN
REVIEW AND ZONING ORDINANCE AMENDMENT, 7200 FRANCE AVENUE —
RESOLUTION ADOPTED AND ORDINANCE FIRST READING GRANTED
Community Development Director Teague presented the pyramid of discretion in regard to the Site Plan
Review and Ordinance Amendment to reduce the first-floor ceiling height from 16 feet to 14 feet. He also
presented the approved Overall Development Plan, pedestrian access, project site history, and traffic
comparison.
City Engineer Millner presented information regarding neighborhood maps, improvement details, and future
improvements
The Council discussed the work done on the reconstruction sewer lift station, to help figure out ways to
calm traffic.
The Council asked about the process when working with the neighborhood to calm traffic and eliminate
left-hand turns out of any potential developments at 7200 France Avenue. City Engineer Millner stated they
are scoping out the sewer project, and then will engage with the public to hear their concerns and provide
opportunities for residents to provide feedback.
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Minutes/Edina City Council/November 6, 2024
Member Agnew made a motion, seconded by Member Pierce, to authorize a letter from
Council to U.S. Senators and Representatives regarding the American Broadband
Deployment Act.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
11.2 AUTHORIZE LETTER FROM COUNCIL TO HENNEPIN COUNTY REGARDING ELECTION
SECURITY
Assistant City Manager Lenz gave information on the letter and what it contained.
Member Agnew made a motion, seconded by Member Pierce to authorize a letter from
Council to Hennepin County regarding election security.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
12.0 MAYOR AND COUNCIL COMMENTS — Received
13.0 ADJOURNMENT
Member Pierce made a motion, seconded by Member Agnew, to adjourn the meeting at 10:21
p.m.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
Respectfully submitted,
Minutes approved by Edina City Council, November 19, 2024.
James B. Hovland, Mayor
Video Copy of the November 6, 2024, meeting available.
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The Council asked to revisit the discretion they have in respect to the proposed Zoning Amendment and
Preliminary Site Plan. Community Development Director Teague stated they are reviewing this against the
PUD-16 Zoning Ordinance, and stated this project conforms to the requirements established in the Zoning
Ordinance in terms of the traffic generated.
City Engineer Millner stated that the Council has the discretion to change the Zoning Ordinance from 16
feet to 14 feet.
The Council asked questions regarding the exact square footage of the Phase I and Phase 2 buildings, traffic
data, and tree removals.
Community Development Director Teague gave information regarding parking standards for the project.
The Council directed staff to restrict left turns out onto W 72nd Street by installing a median barrier.
The Council addressed feedback from residents regarding changing rules, transition, parking, and vehicle
entrance on France Avenue.
Ted Carlson, Orion Investments, stated the trees on the west lot line will remain in place.
The Council expressed concerns regarding whether this is the best project for the area and if there is a need
for more rentals in the area.
The Council discussed whether the Site Plan was compliant with the existing PUD- I 6 and overall zoning
code. Community Development Director stated the finished square footage numbers for the Phase I and
Phase 2 buildings.
The Council discussed the prominent issues and what can be done to ameliorate some of the concerns.
Member Jackson introduced and moved adoption of Resolution No. 2024-50, approving the
Preliminary Site Plan and grant First Reading of Ordinance No. 2024-05. Member Agnew
seconded the motion.
Ayes: Agnew, Jackson, Hovland
Nay: Risser
Abstain: Pierce
Motion carried.
Member Jackson made a motion, seconded by Member Agnew, to direct staff to install a
median barrier on W 72nd Street to prevent left-turns on the Northbound access road prior
to opening of the project.
Ayes: Agnew, Jackson, Pierce, Risser, Hovland
Motion carried.
10.0 COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) —
Received
10.1. MINUTES: PARKS AND RECREATION COMMISSION, SEPTEMBER 10, 2024
10.2. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, SEPTEMBER 18, 2024
10.3. MINUTES: TRANSPORTATION COMMISSION, SEPTEMBER 19, 2024
11.0 MANAGER'S COMMENTS — Received
11.1 AUTHORIZE LETTER FROM COUNCIL TO U.S. SENATORS AND REPRESENTATIVES
REGARDING THE AMERICAN BROADBAND DEPLOYMENT ACT
Member Agnew gave information on the letter and its purpose.
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