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HomeMy WebLinkAbout2024-12-17 City Council Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 17, 2024 7:00 P.M. 1.0 CALL TO ORDER Mayor Hovland called the meeting to order at 7:03 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 Jackson made a motion, seconded by Member Agnew, approving the meeting agenda. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 5.0 COMMUNITY COMMENT Ralph Zickert, 4311 Cornelia Circle, discussed TIF and what it consists of as well as Edina's TIF districts. 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 Agnew, approving the consent agenda as revised to remove Item 6.3, Ordinance No. 2024-12, Amending Chapter 2 of the City Code, Setting Fees for 2025 and grant Second Reading, as follows: 6.1. Approve regular and work session meeting minutes of December 3, 2024 6.2. Approve Claims for Payment for Check Register Pre-List Dated November 27, 2024, totaling $1,246,445.71, Check Register Claims Pre-List Dated December 6, 2024, totaling $3,224,272.83 6.3. 6.4. Legal Services Agreement with Leach Law Office, LLC 6.5. Request for Purchase, Architectural and Engineering Services for Fred Richards Park Facility, awarding the bid to the recommended low bidder, OPN Architects at $281,740 6.6. Request for Purchase, Sonetics Portable Wireless System, awarding the bid to the recommended low bidder, Sonetics Corporation at $24,594 6.7. Encroachment Agreement with 4311 Kipling Avenue 6.8. Request for Purchase, Electric Vehicle Chargers for Fire Station 2, awarding the bid to the recommended low bidder, Carbon Day EV Charging at $38,832 6.9. Request for Purchase, Furniture for Fire Station 2, awarding the bid to the recommended low bidder, Fluid Interiors at $267,262 6.10. Request for Purchase, Physical Conditioning Equipment for Fire Station 2, awarding the bid to the recommended low bidder, Johnson Fitness & Wellness at $98,868 6.11. Request for Purchase, Professional Services for South Trunk Sanitary Sewer Improvements, awarding the bid to the recommended low bidder, Bolton Menk at $830,103 6.12. Adopt Resolution No. 2024-119, Setting Ambulance and Miscellaneous Fire Fees for 2025 Page 1 Minutes/Edina City Council/December 17, 2024 6.13. Request for Purchase, 2025 Mental Health and Resiliency Program Contract for Fire Department, awarding the bid to the recommended low bidder, Blue Peak Consulting at $26,250 6.14. Approve First Amendment of Antenna Lease Agreement 6.15. Approve Contract for Government Relations Services for the 2025 Legislative Session Representation 6.16. 2025 Board and Commission Reappointments 6.17. Approve Temporary Intoxicating On-Sale Liquor License for Northwest Tonka Lions Club 6.18. Approve New On-Sale Wine and 3.2 Percent Malt Liquor License for Fired up Pizzeria Inc., dba Fired Up Pizzeria 6.19. Summary Publications for Ordinance Nos. 2024-08 and 2024-09 Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 6.3. ORDINANCE NO. 2024-12, AMENDING CHAPTER 2 OF THE CITY CODE, SETTING FEES FOR 2025 AND GRANT SECOND READING — ADOPTED Executive Director Neal stated that it is consistent with past City Council practice to pull any matter that had a previous divided vote. Member Risser made a motion to grant Second Reading adopting Ordinance No. 2024-12, Amending Chapter 2 of the City Code, Setting Fees for 2025. Member Pierce seconded the motion. Ayes: Jackson, Pierce, Hovland Nays: Agnew, Risser Motion carried. 7.0 SPECIAL RECOGNITIONS AND PRESENTATIONS 7.1. TREE CAMPAIGN AWARDS — RECOGNIZED Energy and Environment Commission Vice Chair John Haugen presented the background information on the Tree Recognition Campaign and presented pictures of all the 2024 awards being given out. 8.0 PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. 8.1. APPEAL OF THE PLANNING COMMISSION'S DENIAL OFA VARIANCE REQUEST AT 5605 MCGUIRE ROAD — CONTINUED TO JANUARY 7, 2025 Assistant City Planner Kris Aaker presented background information on the project including the request, site location, landscape plan, existing and proposed coverage, landscape permit submittal/engineering, findings for denial, findings for approval, and the Planning Commission's recommendation. The Council asked questions regarding other houses on this street with the same driveway that can access and use it, who maintains the driveway, and calculating percentages of coverage. The Council asked if there are any issues around neck lots and the creation of driveways to serve neck lots that may influence their decision-making. City Attorney Kendall stated that variance standards for uniqueness should be applied to this property. Josh Koller, Southview Design, discussed the uniqueness of the property and the proposed improvements. Scott and Elizabeth Joing, homeowners at 5605 McGuire Road, stated that they were discouraged by the Planning Commission's denial and gave information regarding why they are requesting the variance. The Council asked questions regarding the proposed run-off basin. Mr. Koller stated that there would be landscaping surrounding the whole area to mitigate water. City Engineer Millner added that this project would require a stormwater permit. Page 2 Minutes/Edina City Council/December 17, 2024 Mayor Hovland opened the public hearing at 7:55 p.m. Public Testimony No one appeared to comment. Member Pierce made a motion, seconded by Member Agnew, to close the in-person public hearing, keep public comment open until Sunday, December 29, 2024, and continue action to consider approval of the appeal of the Planning Commission's denial of a variance request at 5605 McGuire Road, to the January 7, 2025, City Council meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 8.2. RESOLUTION NO. 2024-117, VACATING RIGHT-OF-WAY EASEMENT AT 5805 MATT LANE — ADOPTED City Engineer Millner presented information on the project regarding existing easements, requests, and utilities. Mayor Hovland opened the public hearing at 7:59 p.m. Public Testimony No one appeared to comment. Member Agnew made a motion, seconded by Member Jackson, to close the public hearing. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Member Jackson introduced and moved adoption of Resolution No. 2024-117, Vacating Right- of-Way Easement at 5805 Mait Lane. Member Pierce seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 8.3. RESOLUTION 2024-116, VACATING RIGHT-OF-WAY EASEMENT AT 7250 FRANCE AVENUE — ADOPTED City Engineer Millner presented information regarding the existing easements on the property and utilities. Mayor Hovland opened the public hearing at 8:03 p.m. Public Testimony No one appeared to comment. Member Jackson introduced and moved adoption of Resolution No. 2024-116, Vacating Right- of-Way Easement at 7250 France Avenue. Member Pierce seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.0 REPORTS / RECOMMENDATIONS 9.1. RESOLUTION NO. 2024-118 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. 2024-118 accepting various grants and donations. Member Pierce seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Page 3 Minutes/Edina City Council/December 17. 2024 9.2. ORDINANCE NO. 2024-13, AMENDING EFFICIENT BUILDING BENCHMARKING — FIRST READING GRANTED AND SECOND READING WAIVED — ADOPTED Sustainability Manager Bayer presented information on the Efficient Buildings Ordinance update regarding the overview, background on Edina's current program, new Statewide Benchmarking Program, affected buildings, alignment with State program, peer cities with Benchmarking programs, Energy and Environment Commission perspective, and recommended Ordinance amendments. The Council asked how many Class 3 buildings in the City that are not in compliance. Bayer stated that 17% of the 95 buildings in Class 3 were not compliant with the benchmarking policy last year. The Council asked questions regarding the logistics of benchmarking and how data is reported. Member Jackson made a motion to grant First and waive Second Reading adopting Ordinance No. 2024-13, Amending Efficient Building Benchmarking. Member Risser seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.3. RESOLUTION NO. 2024-107, COMPREHENSIVE PLAN AMENDMENT — APPROVED, RESOLUTION NO. 2024-108, REZONING AND SITE PLAN WITH VARIANCES FOR 6016 VERNON AVENUE — DENIED Community Development Director Teague gave a brief overview of the project and the proposal of the applicant, and discussed the feedback received on BetterTogether. The Council asked what conditions of approval could be added to the project such as liquor licenses and noise ordinances. City Clerk Allison clarified that this project would not qualify for a liquor license because the City requirement is 30 seats in a restaurant and they are only proposing 22 seats. The Council asked if the City had grounds for denial, or if they would have a risk of being sued if they do deny this project or future projects. City Attorney Kendall advised that the Council has the discretion to deny the Comprehensive Plan Amendment and variance applications for this project. The Council asked questions regarding overflow parking, mitigation of smells, parking on Vernon Avenue, and variances required for a second-story addition. Jesse Hamer, Architect Momentum Design Group, stated that they will be looking at equipment that mitigates odors, such as filtration systems. The Council expressed concerns regarding safety, spot zoning, market, and adverse impact on the immediate neighborhood. The Council gave feedback regarding finding the right use for this site, other previous proposals for this site, and finding a balance to ensure the maximum benefit for the community. Member Agnew introduced and moved adoption of Resolution No. 2024-107, approving a Comprehensive Plan Amendment. Member Jackson seconded the motion. Ayes: Agnew, Jackson, Pierce Nay: Risser, Hovland Motion failed. Member Jackson introduced and moved denial of Resolution No. 2024-108, approving a Preliminary Rezoning and Site Plan with multiple variances. Member Pierce seconded the motion. Ayes: Jackson, Pierce, Risser, Hovland Nay: Agnew Motion carried. 9.4. RESOLUTION NO. 2024-115, PRESIDENTS A & B NEIGHBORHOOD ROADWAY AND ALLEY RECONSTRUCTION, IMPROVEMENT NOS. BA-466 AND A-293 — ADOPTED Page 4 Minutes/Edina City Council/December 17, 2024 City Engineer Millner presented a summary of the public engagement received, Living Street Plan, snow maintenance, Alden Park events, UNFI truck routes, Washington Avenue parking, adjacent area map, multi- modal streets, and changes made to Belmore Lane and 3rd Street to address public concerns. The Council expressed concerns regarding snow clearing on the 8-foot sidewalks on Washington Avenue. City Engineer Millner clarified that the City maintains 5 feet on the sidewalks for snow plowing. The Council asked questions regarding driveways on Washington Avenue and centering Belmore Lane. Member Jackson introduced and moved adoption of Resolution No. 2024-115, Presidents A & B Neighborhood Roadway and Alley Reconstruction, Improvement Nos. BA-466 and A-293. Member Agnew seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.5. AMERICAN RESCUE PLAN ACT SPENDING PLAN UPDATE — APPROVED City Manager Neal presented the background information regarding the transfer to the City's General Fund. The Council asked for an update in January on the final amount. The Council also asked if there were any restrictions on how this money could be spent. City Manager Neal stated their intent is to use it for lost revenues to benefit the General Fund. Don Uram, Project Manager, stated that whatever remains will be expensed back against Police and Fire expenditures. Mr. Uram stated they will not know the final dollar amount until the year ends. Member Jackson made a motion, seconded by Member Agnew, approving an updated spending plan to transfer about $300,000 to the City's general fund as previously recommended in the Phase I spending plan. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.6. RESOLUTION NO. 2024-110, SETTING 2025 TAX LEVY AND ADOPTING OPERATING BUDGET, APPROVE 2025-2030 CAPITAL IMPROVEMENT PLAN — ADOPTED Assistant City Manager Lenz presented information regarding the timeline, 2025 Tax Levy, possible reductions, and levy impacts of possible reductions. Don Uram stated that that any decertified TIF money would be sent back to the County, they would then distribute it based on their tax percentage. The Council expressed concerns about deferring Lewis Park and the $60 million of deferred maintenance, 2026 projection of 17%, and tax increase. The Council asked questions regarding unspent TIF, dropping the Centennial Lakes underpass off the Capital Improvement Plan, alternatives to the Lewis Park shelter to save money, and decertifying the SPARC funds. The Council discussed creating a task force of residents to find ways to bring the budget down. City Manager Neal stated that he has referred to this budget as an investment budget because it includes hiring I 0 public safety employees and building a $40 million fire station, which distinguishes their tax levy from that of their peers. City Manager Neal added that they do not save money by deferring Park projects, it will just get pushed to another year. Parks & Recreation Director Perry Vetter gave information regarding the Lewis Park shelter and the potential new building. Page 5 Minutes/Edina City Council/December I7. 2024 The Council stated that they will be working to solve the challenges before 2026, and they are not attempting to confuse any residents. The Council discussed making a 1.5% General Fund service cut rather than a I% cut. The Council also discussed the value of all the recommended reductions and an obligation to care for what they have. Assistant City Manager Lenz stated that applying all the possible deferrals except for putting aside $450,000 for Lewis Park brings the levy to 9.26%. The Council expressed concern regarding deferring the cost of hiring more firefighters. Member Pierce introduced and moved adoption of Resolution No. 2024-110, setting the 2025 Tax Levy at 8.44% and adopting 2025 Operating Budget with total tax capacity levy of $58,750,854. Member Agnew seconded the motion. Ayes: Agnew, Jackson, Pierce, Hovland Nay: Risser Motion carried. The Council expressed concerns about including the France Avenue crossing at Gallagher and 72nd in the CIP without any public input and an underpass being LHB's only solution. Member Jackson made a motion, seconded by Member Pierce, approving the 2025-2030 Capital Improvement Plan and removing Lewis Park from 2025. Ayes: Agnew, Jackson, Pierce, Hovland Nay: Risser Motion carried. 9.7. 2025 EDINA HISTORICAL SOCIETY SERVICE AGREEMENT — TABLED TO JANUARY 7, 2025 Parks & Recreation Director Vetter presented information on the Edina Historical Society and their relationship with the City, reviewed options, and 2025 updates. The Council asked questions regarding the cost to the City to take on the load of maintaining records compliant with data requirements, if the $100,000 could be funded from the ARPA dollars. Parks & Recreation Director Vetter stated that they do not have adequate storage and there would be other things that would need to be figured out. Don Uram, Project Manager, stated he does not believe this would be an allowable use for ARPA dollars. 10.0 COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) — Received 10.1. HUMAN RIGHTS AND RELATIONS COMMISSION, OCTOBER 16, 2024 11.0 MANAGER'S COMMENTS — Received 12.0 MAYOR AND COUNCIL COMMENTS — Received 12.1 CITY MANAGER'S PERFORMANCE REVIEW 13.0 ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 11:51 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Page 6 Minutes/Edina City Co il/December 17. 2024 Sharon Allis. Clerk Minutes approved by Edina City Council, January 7, 2025. amen B. Hovland, Mayor Video Copy of the December 17, 2024, meeting available. Page 7