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HomeMy WebLinkAbout2023-03-07 City Council Meeting MinutesPage 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MARCH 7, 2023 7:00 P.M. I. 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. II. ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS CORRECTED Member Jackson made a motion, seconded by Member Pierce, to approve the meeting agenda as presented. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. V. COMMUNITY COMMENT Andy Brown, 5512 Park Place, shared concerns surrounding the recent Ohio trail derailment and requested the City focus on the Dan Patch Freight Rail Line in Edina to avoid a similar situation. He shared history of the line and the need for crossing arms at the grade intersections. The Council asked questions and provided feedback. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to Community Comments at the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Risser made a motion, seconded by Member Jackson, approving the consent agenda as amended, removing Items VI.E. Encroachment Agreement with 6604 Indian Hills Road, and VI.F. Traffic Safety Report of January 31, 2023: VI.A. Approve Minutes of the Work Session and Regular Meetings of February 21, 2023 VI.B. Approve Claims for Payment for Check Register Claims Pre-List dated February 17, 2023, totaling $2,156,046.41 and Pre-List dated February 24, 2023, totaling $529,461.60 VI.C. Request for Purchase; Professional Services for Brook Drive Culvert Replacement, Barr Engineering, $145,300 VI.D. Request for Purchase; Natural Areas Long-Term Maintenance, 2023-2025 Construction Oversight, Resource Environmental Solutions (RES), $35,095 VI.E. Encroachment Agreement with 6604 Indian Hills Road VI.F. Traffic Safety Report of January 31, 2023 VI.G. Request for Purchase; I-494 Corridor Commission Annual Member Dues for 2023, $30,000 VI.H. Approve Out-of-State Travel for City Council VI.I. Approve New On-Sale Wine and On-Sale 3.2 Percent Malt Liquor Licenses for Munson Potato Shack, LLC, dba Munson’s Potato Shack VI.J. Approve 2023 Liquor License Renewals Minutes/Edina City Council/March 7, 2023 Page 2 Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM CONSENT AGENDA VI.E. ENCROACHMENT AGREEMENT WITH 6604 INDIAN HILLS ROAD – APPROVED The Council shared concerns about City code in place that instructed no encroachment into an easement area and asked why the City would grant this encroachment along such an extensive area on a road with a curve and asked if approval would result in other resident requests. Director of Engineering Millner shared the proposed encroachment followed an existing fence and while not allowed was not uncommon. He said staff reviewed the public utilities in the areas and had no concerns with sightlines or anticipated a need for utilities in the future. He noted the City owned the adjacent lot and had no concerns with the improvements already in place but could request them to be removed in the future if needed. Now or in the future, but if is in the way can be removed. He confirmed nothing new would be added and that the encroachment was discovered during the property sale and the buyers wanted the encroachment documented. Member Agnew made a motion, seconded by Member Pierce, to approve the encroachment agreement with 6604 Indian Hills Road. Rollcall: Ayes: Agnew, Jackson, Pierce, Hovland Nays: Risser Motion carried. VI.F. TRAFFIC SAFETY REPORT OF JANUARY 31, 2023 – APPROVED The Council inquired about Area B3 that included a gravel road in Brookside Terrace and how the report noted traffic could not be measured and that residents were requesting signage to reduce speeding, especially because the road led to the minimally marked railroad crossing, as well. Mr. Millner responded traffic in this area was measured with cameras and resulted in very low volumes with no erratic actions of vehicles or speeding that would warrant additional signage for those six homes. Member Pierce made a motion, seconded by Member Jackson, to approve the Arts and Culture Commission Advisory Communication; amending 2023 Work Plan to establish a microgrant process. Rollcall: Ayes: Agnew, Jackson, Pierce, Hovland Nays: Risser Motion carried. VII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VII.A. PUBLIC HEARING TO MARCH 21, 2023 - RESOLUTION NO. 2023-22; CONDITIONAL USE PERMIT AND VARIANCE FOR US INTERNET AT 6444 XERXES AVENUE – CONTINUED TO MARCH 21, 2023 Community Development Director Teague stated US Internet (USI) Corp. was requesting a Conditional Use Permit and Variance to construct a 1,900 square foot utility building at 6444 Xerxes Avenue. The variance requested was to construct a building with no windows due to security concerns and built with cultured stone and EIFS instead of brick or stone entirely. The existing structure would be removed from the site and the new building constructed. The facility would provide improved internet services to Edina residents. USI currently served the north/northeastern portions of Edina. The building on Xerxes would cover central and southern Edina. He said this item was scheduled for consideration by the Planning Commission on February 22, 2023; however, due to a snowstorm that evening the meeting was cancelled. The item was rescheduled for Planning Commission consideration on March 15; therefore, the City Council Minutes/Edina City Council/March 7, 2023 Page 3 was asked to continue the public hearing to March 21, 2023, to allow the extra time needed for Planning Commission review and recommendation. Member Agnew made a motion, seconded by Member Jackson, to continue the public hearing for consideration of Resolution No. 2023-22, Conditional Use Permit and Variance for US Internet at 6444 Xerxes Avenue, until March 21, 2023. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII.B. RESOLUTION NO. 2023-20; CERTIFICATE OF APPROPRIATENESS APPEAL, 4630 DREXEL AVENUE – CONTINUED TO APRIL 4, 2023 Mr. Teague stated the applicant was unable to attend the meeting this evening and had requested continuance of the item to April 4, 2023, and had extended the 60-day time period. Member Agnew made a motion, seconded by Member Jackson, to continue the public hearing for consideration of Resolution No. 2023-20, Certificate of Appropriateness Appeal, 4630 Drexel Avenue, until April 4, 2023. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII. REPORTS/RECOMMENDATIONS VIII.A. RESOLUTION NO. 2023-21; ACCEPTING DONATIONS - ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2023-21, accepting donations. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.B. TRANSPORTATION COMMISSION REPORT AND RECOMMENDATION; PACS FUND INCREASE PROPOSAL – APPROVED Transportation Planner Scipioni said as part of their 2022 work plan, the Transportation Commission reviewed the Pedestrian and Cyclist Safety (PACS) Fund policy. The Commission estimated it would take approximately 44 years to complete the multi-modal improvements recommended by the Pedestrian and Bicycle Master Plan, and believed this pace of buildout was unacceptable due to the urgency of climate change and the City could increase the speed of project construction and achieve its transportation-specific climate goals to better fund those improvements. He said Commission recommended the City increase the monthly fees for all users, doubling the annual PACS Fund revenue and reducing the estimated build-out period to approximately 21 years then outlined the proposed fee increase by $1.08/month for residential users and $5.48 - $65.32/month for commercial users. He shared current franchise fee rates and revenue that totaled $2.18 million for 2022 and said the proposed increase met many strategic objectives that included climate action plan recommendation, pedestrian and bicycle master plan, and comprehensive plan. He spoke about the procedural requirements for any proposed increase and said fees were previously increased in 2015, 2018, and 2019. Chris Brown, Transportation Commission, shared more about the work plan chosen to pursue an increased based on resident input to help increase safety then outlined the suggested tiered options increase or hold the residential rate the same and raise the three commercial rates instead. He said this proposed increase would reduce the increase burden on residential users with the goal to double annual PACS Fund revenue. The Council asked questions and provided feedback. Minutes/Edina City Council/March 7, 2023 Page 4 Member Jackson made a motion, seconded by Member Pierce, to direct staff to schedule a worksession with the City Council or in a Council retreat in 2023 to discuss the desired uses of franchise fee revenue and potential increases. Roll call: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.C. RESOLUTION NO. 2023-16; SUBDIVISION FOR 4404 VALLEY VIEW ROAD – CONTINUED TO APRIL 4, 2023 Mr. Teague said City Homes was requesting a subdivision of 4404 Valley View Road to establish individual lots for their four-unit townhome project that was approved for this site in 2022. The proposal simply created the lot for each unit so that they may be sold off individually. He said there had been some issues raised during the last meeting to cause some time to review first prior to formal consideration. The applicant was agreeable to address concerns regarding future commercial use on the site and City code provision that required no residential use on the first floor or basement on PC-1 property through a potential residential PUD rezoning process and commercial use not allowed. He said in order to address these issues staff was recommending a public hearing be held at the March 29 Planning Commission meeting with a Council public hearing on April 4 which would be accomplished within the required 60-day rule. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Piece, to continue action of Resolution No. 2023-16 to the April 4, 2023, Council meeting in order to address issues raised since the public hearing regarding future commercial use and City code provision of residential use on the first floor of a PC-1 property to consider approving the preliminary and final plat for 4404 Valley View Road. Rollcall: Ayes: Agnew, Jackson, Pierce, Hovland Nays: Risser Motion carried. VIII.D. RESOLUTION NO 2023-17; PRELIMINARY DEVELOPMENT SITE PLAN REVIEW FOR 5146 EDEN AVENUE (FORMER PUBLIC WORKS SITE) – ADOPTED Mr. Teague said Jester Concepts was requesting Preliminary Site Plan approval to construct a 13,500-square- foot restaurant with an outdoor dining area, outdoor bar and pizza oven at the former Public Works site located at 5146 Eden Avenue. The plans included public restrooms attached to the restaurant but available for users of the public park. This would be Phase 2 of the redevelopment of the site and Phase 1 would be an 86-unit senior cooperative housing project. The property was zoned PUD, Planned Unit Development and the proposed plans were consistent with the approved overall development for this Planned Unit Development. This project and senior project would come back to Council for final design approval but staff and the Planning Commission recommended approval. He shared how the alcohol service issues would be addressed through approval and issuance of the liquor license. Brent Frederick, Jester Concepts, said the snow removal questions had not yet been addressed but would be prior to final approval. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-17, approving preliminary development site plan for the construction of a restaurant within PUD-24 at 5146 Eden Avenue. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Minutes/Edina City Council/March 7, 2023 Page 5 IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received IX.A. MINUTES: TRANSPORTATION COMMISSION, JANUARY 19, 2023 IX.B. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION, JANUARY 24, 2023 X. MANAGER’S COMMENTS – Received X.A. REPORT ON STATUS OF TOBACCO ORDINANCE LITIGATION X.B. REPORT ON CORNELIA VIEW APARTMENT PROJECT X.C. REPORT ON BONDING BILL FOR SOUTH METRO PUBLIC SAFETY TRAINING FACILITY XI. MAYOR AND COUNCIL COMMENTS – Received XII. ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 8:33 p.m. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, March 21, 2023. James B. Hovland, Mayor Video Copy of the March 7, 2023, meeting available.