HomeMy WebLinkAbout2013-12-17 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
DECEMBER 17,2013
7:00 P.M.
I. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:12 p.m.
11. ROLLCALL
Answering rollcall were Members Bennett, Brindle,Sprague,Swenson and Mayor Hovland.
III. MEETING AGENDA APPROVED
Member Sprague made a motion,seconded by Member Bennett,approving the meeting agenda.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA ADOPTED
Member Brindle made a motion, seconded by Member Swenson, approving the consent agenda as
revised to remove Items IV.D., Resolution No. 2013-138 Authorizing the Removal of a Senior Citizen
Special Assessment Deferral by Hennepin County; IV.E.Request for Purchase, Contract for Construction
Management Services for the Sports Dome, Outdoor Refrigerated Ice Rink and Braemar Arena
Improvements, RJM Construction;and, IV.F.Traffic Safety Report,November 6,2013,as follows:
W.A. Approve regular and work session meeting minutes of December 3,2013
IV.B. Receive payment of the following claims as shown in detail on the Check Register dated
December 5,2013,and consisting of 21 pages;General Fund$262,977.74; Police Special Revenue
$7,993.31; General Debt Service Fund $425.00; PIR Debt Service Fund $543.72; Working Capital
Fund $46,634.29; Equipment Replacement Fund $18,382.50; Art Center Fund $11,761.87; Golf
Dome Fund $24,560.66; Aquatic Center Fund $45,300.00; Golf Course Fund $1,991.43; Ice Arena
Fund $3,227.92; Sports Dome Fund $7,800.00; Edinborough Park Fund $9,983.93; Centennial
Lakes Park Fund$1,171.71; Liquor Fund $209,891.45; Utility Fund$82,999.62;Storm Sewer Fund
$2,183.25; Recycling Fund $42.94; PSTF Agency Fund $25,722.70; Centennial TIF District $95.65;
Payroll Fund $3,555.23; TOTAL $767,244.92 and for receipt of payment of claims dated
December 12, 2013, and consisting of 31 pages; General Fund $198,853.15; Police Special
Revenue $217.56; Pedestrian and Cyclist Safety $21,167.14; Working Capital Fund $125,194.42;
Equipment Replacement Fund $24,386.73; Art Center Fund $44.71; Golf Dome Fund $658.08;
Aquatic Center Fund $1,227.35; Golf Course Fund $15,188.65; Ice Arena Fund $11,896.11;
Edinborough Park Fund $12,773.01; Centennial Lakes Park Fund $3,302.68; Liquor Fund
$261,457.48; Utility Fund $49,015.05;Storm Sewer Fund $14,708.42; PSTF Agency Fund $342.87;
Centennial TIF District$571.51;Grandview TIF District$32,451.25;TOTAL$773,456.17
IV.C. Adopt Resolution No.2013-137 Accepting Blue Card Training Grant
IV 5 Request faW Mur-ehase, GGR42-GA fer. Co-n-strumtean Management Sewise-S. far- the SpoFts Dom*
IV.G. Approve Stormwater Pollution Prevention Plan Application for Reauthorization
IV.H. Renew Community Health Services Agreement with Bloomington Public Health Division
IV.I. Renew Public Health Emergency Preparedness Services Agreement with Bloomington Public
Health Division
IV.J. Approve On-Sale 3.2 Beer and Wine Licenses, Makers Cafe I, LLC dba Makers Cafe, 4920 West
77th Street
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Minutes/Edina City Council/December 17,2013
IV.K. Request for Purchase, Edina Liquor Grandview Store Remodel, awarding the bid to the
recommended low bidder,Greystone Construction at$57,150
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
IV.D. RESOLUTION NO. 2013-138 AUTHORIZING THE REMOVAL OF A SENIOR CITIZEN SPECIAL
ASSESSMENT DEFERRAL BY HENNEPIN COUNTY—NOT ADOPTED
Assessor Wilson explained that Hennepin County missed the deferred senior assessment when the
property sold in 2012. At this time, he recommended the City release this assessment since the
benefitting property owner no longer owned the property. The Council indicated the street improvement
benefited the property, not the previous owner, and if missed it should be covered by the buyer's title
insurance company.
Attorney Knutson stated he was not familiar with the nature of the error and while the deferral ended, it
was the Council's decision whether to release the lien. It was noted the amount owed was about $5,000
when considering the assessment principle plus interest. Member Sprague made a motion, seconded by
Member Swenson,to not release the special assessment lien on parcel PID 29-117-21-31-0009.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
IV.E. REQUEST FOR PURCHASE, CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
SPORTS DOME, OUTDOOR REFRIGERATED ICE RINK AND BRAEMAR ARENA IMPROVEMENTS —
APPROVED
Member Swenson made a motion, seconded by Member Sprague to approve Request for Purchase,
Contract for Construction Management Services for the Sports Dome,Outdoor Refrigerated Ice Rink and
Braemar Arena Improvements, awarding the bid to the recommended low bidder, RJM Construction at
$242,000.
Ayes: Brindle,Sprague,Swenson, Hovland
Nays: Bennett
Motion carried.
I V.F. TRAFFIC SAFETY REPORT, NOVEMBER 6,2013—ACCEPTED,SECTION Al REFERRED
The Council discussed the request for traffic control or a painted crosswalk at the intersection of Creek
Valley Road and Nordic Circle, adjacent to Creek Valley School soccer fields. Interim Engineer Millner
described the parking and operational issues with practice activities that could be addressed on an area-
wide basis. Member Brindle made a motion, seconded by Mayor Hovland, to accept the November 6,
2013 Traffic Safety Report with the exception of Section Al, which will be referred to the Edina
Transportation Commission, Parks and Recreation Commission, and Engineering for further study of
appropriate traffic control measures for the intersection of Creek Valley Road and Nordic Circle.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
V.A. NATE BEHLEN—2013 OPERATOR OF THE YEAR—SEWER& WATER OPERATION ASSOCIATION
Engineer Olson and Mayor Hovland presented Nate Behlen with the Sewer & Water Operation
Association's 2013 Operator of the Year Award. The Council and audience responded with a round of
applause. Public Service Worker Behlen thanked the City for this special recognition.
V.B. MEMORIAL BLOOD CENTERS A WARD—EDINA POLICE DEPARTMENT BATTLE OF THE BADGES
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Minutes/Edina City Council/December 17,2013
Jennifer Lyons, Memorial Blood Center, announced that the Edina Police Department had received its
Battle of the Badges Award, noting this was the second year in a row the Department had received this
recognition.
Mike Blood, a retired police officer, presented the Battle of the Badges Award to Police Sergeant Rofidal
and extended his deepest thanks to the Police Department, Fire Department, and Memorial Blood Center.
Police Sergeant Rofidal described the work of Terri Wilson that ensured the success of this program.
V.C. FOUNDERS DAY LETTERS AND RESOLUTION READ
Member Bennett read in full the joint resolution of the Legislature honoring the City of Edina for its
Quasquicentennial Celebration.
Mayor Hovland read in full the letters received from U.S. Senators Franken and Klobuchar congratulating
Edina on the December 12th event. He noted Senator Franken had given the City a Flag flown over the
nation's capital in honor of the 125th year since the vote to form the Village of Edina. Mayor Hovland
thanked Member Bennett for her work to organize Founders Day.
VI. PUBLIC HEARINGS HELD—Affidavits of Notice presented and ordered placed on file.
VI.A. 2014 BUILDING FEES, ORDINANCE NO. 2013-11 AMENDING SCHEDULE 185A SETTING FEES FOR
2014—ADOPTED
Manager Neal indicated the proposed 2014 building inspection fee schedule had been presented at the
previous Council meeting and was available for consideration of Second Reading.
Finance Director Wallin explained the basis for the modest fee increases, noting the rate of fee related to
the service provided.
Mayor Hovland opened the public hearing at 7:57 p.m.
Public Testimony
No one appeared to comment.
Member Brindle made a motion,seconded by Member Bennett,to close the public hearing.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
Member Swenson made a motion to grant Second Reading adopting Ordinance No. 2013-11,Amending
Schedule 185A Setting Fees for 2014. Member Sprague seconded the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VII. COMMUNITY COMMENT
No one appeared to comment.
VIII. REPORTS/RECOMMENDATIONS
VIII.A. RESOLUTION NO 2013-135 SETTING 2014 TAX LEVY AND ADOPTING 2014 OPERATING BUDGET—
ADOPTED
Mr. Neal reviewed the budget process and indicated the 2014 budget reflected an increase of 2.7%. Staff
recommended approval.
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Minutes/Edina City Council/December 17,2013
Finance Director Wallin recommended eliminating part of the Park and Recreation bonds, which was a
referendum (market value based) issued with a 105% levy, as statute no longer required that excess
percentage.
The Council recognized and thanked staff for its work on the budget and new format to increase
transparency and provide additional information. Member Swenson introduced and moved adoption of
Resolution No. 2013-135, adopting the budget for the City of Edina for the year 2014, and establishing
tax levy for the year 2014, payable in 2014. Member Bennett seconded the motion.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.B. RESOLUTION NO.2013-136 ADOPTED—ACCEPTING VARIOUS DONATIONS
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 Brindle introduced and moved adoption of Resolution No. 2013-136 accepting various
donations. Member Sprague seconded the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.C. ORDINANCE NO. 2013-13 TEMPORARILY PROHIBITING SMOKING LOUNGES AND VAPOR
LOUNGES—ADOPTED
The Council acknowledged a submittal by an audience member.
Manager Neal presented the draft land use ordinance to prohibit smoking and vapor lounges temporarily
(one year) to allow time to study the issue and consider the need for local regulations. He indicated this
issue was impacting municipalities across the country and it was the expectation that the State Legislature
might address unregulated e-cigarette issues.
Attorney Knutson advised that interim moratoriums were authorized under Chapter 462 of the Statutes to
allow a period to study land use issues (location of smoking lounges/vapor lounges) and what regulations
should be considered. The Council discussed the prohibition and agreed the moratorium should last until
December 18, 2014, to allow time for further study and input from the health community. Member
Sprague made a motion to grant First and waive Second Reading adopting Ordinance No. 2013-13 an
Interim Ordinance Temporarily Prohibiting Smoking and Vapor Lounges. Member Swenson seconded
the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.D. ORDINANCE NO.2013-14 ENACTING NEW CODE FOR CITY OF EDINA—ADOPTED
Clerk Mangen described the process for codification of the City's ordinances into a new Code and indicated
that an enacting ordinance was necessary to put the new Code into use. She stated if acted upon
favorably, it would become effective and posted to the City's website on December 26, 2013. Clerk
Mangen explained how the Code would be updated and format under which the Code was written.
Member Swenson made a motion to grant First and waive Second Reading adopting Ordinance No.
2013-14 Adopting and Enacting a New Code for City of Edina, Minnesota; Providing for the Repeal of
Certain Ordinances not included Therein; Providing a Penalty for the Violation Thereof, Providing for the
Manner of Amending such Code; and, Providing when such Code and this Ordinance shall become
effective. Member Sprague seconded the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
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Minutes/Edina City Council/December 17,2013
Motion carried.
WILE. ORDINANCE NO. 2013-15 AMENDING THE EDINA CITY CODE CONCERNING THE COMMUNITY
HEALTH COMMITTEE—ADOPTED
Community Health Committee Chair Matt Doscotch described the proposed changes to broaden the
mission of the Community Health Committee (CHC) to include community-wide health/wellness issues as
well as a name change to Community Health Commission. He noted the proposed changes complied with
Statute and resulted in the CHC being proactive rather than reactive.
The Council and Mr. Doscotch discussed the ordinance language in comparison to Statute and appropriate
name for this group. The Council thanked the Chair Doscotch and the CHC for its work in this regard.
Member Brindle made a motion to grant First and waive Second Reading adopting Ordinance No. 2013-
1S Amending the Edina City Code Concerning the Community Health Committee. Member Bennett
seconded the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
VIII.F. REPORT ACCEPTED AND PROFESSIONAL SERVICES AUTHORIZED — TRUCK SANITARY SEWER
LINING
Marcus Thomas, Senior Project Manager with Bolton & Menk, presented findings from the Trunk Sanitary
Sewer Infiltration Study Report that detailed risk factors to clear water infiltration and inflow (1/1) and
recommendation for trunk lining and manhole rehabilitation projects that addressed the oldest and most
degraded and leaking pipes in the system as well as further investigation where risk factors point to high 1/1
potential,and continued periodic review for lines in good condition.
Interim Engineer Millner displayed a map depicting the first project area and recognized the assistance of
Environmental Engineer Bintner in compiling this data. Member Swenson made a motion, seconded by
Member Bennett, to accept the Trunk Sanitary Sewer Infiltration Study Report and authorize
professional services,truck sanitary sewer lining.
Ayes: Bennett, Brindle,Sprague, Swenson, Hovland
Motion carried.
IX. CORRESPONDENCE AND PETITIONS
IX.A. CORRESPONDENCE
Mayor Hovland acknowledged the Council's receipt of various correspondence.
IX.B. MINUTES:
1. HERITAGE PRESERVATION BOARD, DECEMBER 9,2013
2. PLANNING COMMISSION,NOVEMBER 13,2013
Informational; no action required.
X. AVIATION NOISE UPDATE—Received
Xl. MAYOR AND COUNCIL COMMENTS—Received
M.A. HOOTEN'S CLEANER EMINENT DOMAIN PROCEEDINGS—EXTENDED
Economic Development Manager Neuendorf provided an update on negotiations with the owners of
Hooten's Cleaners to find a resolution other than condemnation. He advised the owners continue to
pursue an alternative of their preference and staff recommended extending the negotiating period to
allow the additional time requested by the owners. Member Swenson made a motion, seconded by
Member Sprague, directing staff to draft language to extend the negotiating period as requested by the
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Minutes/Edina City Council/December 17, 2013
owners of Hooten's Cleaners property and a resolution to end the City's use of eminent domain to
acquire Hooten's Cleaner property,for consideration at the January 7,2014,Council meeting.
Ayes: Bennett, Brindle,Sprague,Swenson, Hovland
Motion carried.
Xll. MANAGER'S COMMENTS—Received
XII.A. SOUTHDALE TIF DISTRICT—REQUEST TO EXPAND APPROVED
At the suggestion of Mr. Neal and following discussion, Council consensus was reached for staff to pursue
special legislation to expand the Southdale TIF District.
XII.B. GOLF ENTERPRISE PLANNING—APPROVED
Mr. Neal advised there would be a $1.2 million operating deficit in the Golf Enterprise Fund and
recommended a public engagement process relating to issues such as whether the City should contract
operations, move operations of Fred Richards Golf Course to Braemar Golf Course, how to operate
ancillary services, how to charge for and/or discount golf course prices, and how to increase the number of
rounds sold.
Council consensus was reached to authorize staff to begin a golf community and greater community
engagement process about the "big picture" that needed to be addressed, what it would take to make a
transition from Fred Richards Golf Course to Braemar Golf Course, and should that be approved in the
future, the potential future public use of that 42 acres.
XIII. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
9:22 p.m.
Respectfully submitted,
Debra A. M 6Wg A, '6' y C k
Minutes approved by Edina City Council,January 7, 2014. i
James B. Hovland, Mayor
Video Copy of the December 17, 2013, meeting available.
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