HomeMy WebLinkAbout2002-02-05 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
FEBRUARY 5, 2002
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor
Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and
seconded by Member Housh approving the Council Consent Agenda as presented with
the exception of III. A. Well No. 18 Maintenance, Improvement No. WM-396; III.B. Well
No. 15 Maintenance, Improvement No. WM-397; III.C. Well No. 5 Maintenance,
Improvement No. WM-398; III.D. Lay Down Wine Rack - Vernon Avenue Liquor Store
Remodeling, IV.E. 2002 Labor Agreement- Local 320 (Police Dispatch).
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF JANUARY 15, 2002, APPROVED Motion
made by Member Hovland and seconded by Member Housh approving the Minutes of the
Regular Meeting of the Edina City Council for January 15, 2002.
Motion carried on rollcall vote - five ayes.
*FEBRUARY 19 2002 HEARING DATE SET FOR PLANNING MATTERS Motion made
by Member Hovland and seconded by Member Housh setting February 19, 2002, for
planning matters as follows:
1. Conditional Use Permit - City of Edina, 4701 West 501h Street - Remodel of
Library Building into Edina Police Facility
2. Conditional Use Permit - Edina Public Schools - Concord Elementary School,
5900 Concord Avenue - Building Expansion
Motion carried on rollcall vote -five ayes.
*RESOLUTION NO 2002-13 - LOT DIVISION FOR 7203 - 7205 BRISTOL CIRCLE (DAN
BRADYI Motion made by Member Hovland and seconded by Member Housh approving
the following resolution:
RESOLUTION NO. 2002-13
A RESOLUTION
APPROVING LOT DIVISION FOR
7203-7205 BRISTOL CIRCLE
WHEREAS,the following described property is at present a single tract of land:
Block 1, Lot 42, OSCAR ROBERTS FIRST ADDITION.
WHEREAS, the owner has requested the subdivision of said tract into separate parcels
(herein called "parcels") described as follows:
PARCEL A:
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Minutes/Edina City Council/February 5,2002
That part of Lot 42, Block 1, Oscar Roberts First Addition, lying Southerly of
a line drawn from a point on the East line of said Lot 42 a distance of 21.53
feet South of the Northeast corner thereof to a point on the Southwesterly
line of said Lot 42 a distance of 34.52 feet Southeasterly of the most Westerly
corner of said Lot 42.
PARCEL B:
That part of Lot 42, Block 1, Oscar Roberts First Addition, lying Northerly of
a line drawn from a point on the East line of said Lot 42 a distance of 21.53
feet South of the Northeast corner thereof to a point on the Southwesterly
line of said Lot 42 a distance of 34.52 feet Southeasterly of the most Westerly
corner of said Lot 42.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it has
been determined that compliance with the Subdivision and Zoning Regulations of the
City of Edina will create an unnecessary hardship and said newly crated Parcels as
separate tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the Edina City Code Sections 810 and 850;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of the above described tracts of land (PARCEL A and PARCEL
B) as separate tracts of land are herby approved and the requirements and provisions of
Code Sections 850 and 810 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but only to the extent permitted under Code Sections 810
and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now
waived for any other purpose or as to any other provisions thereof. and further subject,
however,to the provision that no further subdivision be made of said Parcels unless made
in compliance with the pertinent Ordinances of the City of Edina or with the prior
approval of this Council as may be provided for by those Ordinances.
Adopted this 5th day of February 2002.
Motion carried on rollcall vote -five ayes.
AWARD OF BID FOR WELL NO. 18 MAINTENANCE IMPROVEMENT NO. WM-396
APPROVED Member Housh removed the bid award for Well No. 18 for Maintenance
Improvement No. WM-396 questioning why the three well improvements were bid
separately. City Engineer Houle responded separate bids were taken so the work could be
completed simultaneously with three separate contractors, however, only two contractors
submitted bids. Mr. Houle added he believed that the two bidders were capable of
completing all three projects as desired.
Member Housh made a motion approving the award of bid for Well No. 18 Maintenance
Improvement No. WM-396, to recommended low bidder Keys Well Drilling Company at
$34,095.00. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
AWARD OF BID FOR WELL NO. 15 MAINTENANCE IMPROVEMENT NO. WM-397
APPROVED Member Housh made a motion approving the award of bid for Well No. 15
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Minutes/Edina City Council/February 5,2002
Maintenance Improvement No.WM-397 to recommended low bidder, Bergerson- Caswell
at$41,930.00. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
AWARD OF BID FOR WELL NO. 5 MAINTENANCE, IMPROVEMENT NO. WM-398
APPROVED Member Housh made a motion approving the award of bid for Well No.
5,Maintenance Improvement No. WM-398 to recommended low bidder, Bergerson -
Caswell at$39,670.00. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
AWARD OF BID APPROVED FOR LAY-DOWN WINE RACK APPROVED FOR
VERNON AVENUE LI UOR STORE REMODELING Member Masica indicated she
removed the lay-down wine rack for further information about the wide disparity between
bids. Assistant Manager Anderson responded the six-week time frame limited the number of
bidders. He added the low bid did meet the architect's estimate.
Member Masica made a motion approving the lay-down wine rack for the Vernon Avenue
Liquor Store remodeling to recommended low bidder,Tonka Wood Works at$19,125.00.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*BID AWARDED FOR MILLWORK FOR VERNON AVENUE LIQUOR STORE
REMODELING Motion made by Member Hovland and seconded by Member Housh for
award of bid for millwork and fixtures for the Vernon Avenue Liquor Store remodeling to
recommended low bidder, Stan Morgan &Associates at$31,315.00.
Motion carried on rollcall vote -five ayes.
*BID AWARDED FOR FERTILIZER FOR BRAEMAR AND FRED RICHARDS GOLF
COURSES Motion made by Member Hovland and seconded by Member Housh for award
of bid for fertilizer for Braemar and Fred Richards Golf Courses to recommended low
bidder, Simplot Partners at$16,310.69 including tax.
Motion carried on rollcall vote-five ayes.
*BID AWARDED FOR 3-WHEEL DRIVE ROTARY MOWER FOR BRAEMAR GOLF
COURSE Motion made by Member Hovland and seconded by Member Housh for award
of bid for one three-wheel drive rotary mower for Braemar Golf Course to sole bidder,
MTI Distributing under State Contract #427944 at$25,747.44.
Motion carried on rollcall vote -five ayes.
*BID AWARDED FOR MOBILE TURF SWEEPER FOR PARK MAINTENANCE Motion
made by Member Hovland and seconded by Member Housh for award of bid for one
mobile turf sweeter for the Park Maintenance Department to recommended low bidder,
North Star Turf, at$19,796.00 plus sales tax.
Motion carried on rollcall vote - five ayes.
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Minutes/Edina City Council/February 5,2002
AWARD OF BID FOR LEWIS PARK SOCCER FIELD RENOVATIONS CONTINUED TO
FEBRUARY 19, 2002 Director Keprios explained bids were opened on January 15, 2002, for
the renovation of three soccer fields at Lewis Park. He briefly outline the project as follows:
Identified Need:
• Blue Ribbon Committee rated field renovation second priority out of 35 categories
• Park Board considers field renovations high on priority list (Capital Improvement
Plan)
• Fields are at times unplayable and unsafe
• Games/practices cancelled due to poor field conditions.
• Fields need proper sub-soils for drainage, deep root growth, elimination of debris and
to reduce weed growth
Specifications for Central and East Fields:
• Excavate and filter existing 30 inches of topsoil
• Introduce nine inches of engineered sand/peat topsoil on top of filtered topsoil
• Grade to one-percent slope
• Install drain tile
• Install underground irrigation system
• Seed new topsoil in early August
Advantages of Sand/peat Fields:
• Develops deep grass roots
• Drains nine inches per hour (playable after heavy rains)
• Reduces need for herbicides
• More resilient and controlled (fewer low areas)
• Creates more durable resilient turf to withstand more play
Other Sand/Peat Soccer Fields:
• Golden Valley Park and Recreation
• Minneapolis Park Board (Fort Snelling, North Commons Park)
• Bloomington Park and Recreation (Normandale Park)
• St. Paul Park parks (Arlington Park)
• Eden Prairie Schools
• Owatonna Park and Recreation
• Grand Rapids High School
Schedule:
• Nine-Mile Creek Watershed District has already approved plan
• Field construction/excavation begins May 15, 2002
• Excavation, grading, drain tile, and irrigation completed by July 28, 2002
• Seeding- August 1, 2002
• Fields playable by June 15, 2003
Recommendation:
• Award Excavating and Grading Bid to low bidder (Frattalone) including an
engineering change order adjusting the net cost
• $8,000 donation accepted from Edina Soccer Club and $6,928 accepted from Edina
Football Association
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Minutes/Edina City Council/February 5,2002
Following a brief Council discussion, Member Hovland made a motion to continue the
award of bid for Lewis Park Soccer Field Renovations to February 19, 2002, requesting a
turf specialist to be in attendance at the meeting.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
BID AWARDED FOR HVAC UNIT FOR 50TH STREET LIQUOR STORE Assistant
Manager Anderson explained this emergency bid was for the HVAC unit for the 50th Street
Liquor Store. The existing unit had a mechanical failed and was not repairable. The unit
provided heat for the store. As directed by the City's emergency purchasing guidelines, one
quote has authorized.
Member Kelly made a motion for award of bid for the HVAC unit for the 50th Street
Liquor Store to Northland Mechanical Contractors, Inc., at$15,475.00.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
WATERMAIN BREAK DAMAGE REPORT PRESENTED Manager Hughes recalled the
Council, on January 16, 2002, received a report and took testimony concerning damages
sustained by homeowners from a January 6, 2002, watermain break in the vicinity of
Interlachen Boulevard and Cooper Avenue. Seven residences were affected. In most cases,
damage was caused by the backup of the sanitary sewer system due to "surcharging' caused
by the watermain break. St. Paul Companies, the City's insurer was notified of the
occurrence. The St. Paul Companies denied all claims based upon their evaluation, that the
City was not negligent. The Council after some discussion directed staff to research some
methodology of providing aid to the affected homeowners.
Mr. Hughes said staff agreed with the Council that some level of reimbursement was
advisable notwithstanding the fact that there was no evidence of negligence on the City's
part. He added staff felt it would be prudent to structure any reimbursement program
similarly to industry standards, such as the LMCIT's supplemental "no fault" coverage. Mr.
Hughes concluded staff recommended the following with respect to the Interlachen/Cooper
incident:
• Maximum Reimbursement - $10,000 per dwelling
• Reimbursement not provided for losses covered by homeowner's property insurance,
however, deductible would be reimbursable
Mr. Hughes suggested the City hire an independent adjuster to evaluate the claims and
determine losses using the same standards employed by our insurance carrier. He explained
the standards were based upon the depreciated value of assets lost.
Mr. Hughes also recommended the City redouble its efforts to urge all homeowners in Edina
to seek private coverage for sewer backup. Such coverage has been available but not always
included in the basic homeowners insurance policy. He advised using Articles in About
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Minutes/Edina City Council/February 5,2002
Town, on our web site and including mailers with our utility bills as means of alerting
homeowners to the need for this coverage.
Mayor Maetzold noted correspondence had been received from Lee Ann Gustafson and Ted
Roberts, 1 Cooper Avenue.
Member Masica stated this was an exceedingly difficult problem. She suggested that a long-
term policy be identified separately from the Interlachen issue currently under consideration.
Member Kelly expressed concern with setting a long-term policy. He suggested a
communication blitz to notify residents of their need for coverage. He asked staff how the
City would fund payments for the Interlachen claims if some reimbursement plan were
adopted. Mr. Hughes said the payments would come exclusively from the City Utility Fund.
He added that at the present time the fund held adequate reserves. However, an ongoing
claim policy would require a review of the City's rates to ensure adequate reserves.
Member Kelly asked what the Utility Fund reserves have been used for historically. Mr.
Hughes explained the Water and Sewer Utility was a very large asset of the City with huge
operating costs. Reserves in the fund have been used to cover the costs of capital
improvements to maintain the system in working order.
Member Housh commented there might be areas where the system needs improvements in
light of the heightened concern for homeland security.
Member Kelly stated his concern with offering any type of dollar-for-dollar reimbursement
in the Interlachen event. He said he did not want any incentive in place to allow denial of
coverage or keep homeowners from pursuing their claims in the courts if they felt the need.
Member Masica suggested that one way to structure the reimbursement would be to cover
only structural or sanitization costs of the affected homes. She asked if this would satisfy the
legal issues pointed out by staff. Mr. Gilligan replied there was a fine line in what the
Council could do, but assisting with issues concerning public health, safety and welfare
seemed appropriate.
Member Hovland commented that he discovered the City of Bloomington uses some type of
emergency response team that works with homeowners when some kind of incident
happens. He suggested Edina investigate whether this would be appropriate to implement.
Member Hovland stated he was concerned that there could be some linkage between the
Interlachen event of January 6th and some future events. He urged care in the way any plan
was structured and funded.
Member Kelly agreed stating he thought some linkage would be almost inevitable, adding
that the Council must have some idea of how to move forward in this area.
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Minutes/Edina City Council/February 5,2002
Mayor Maetzold acknowledged the difficulty of the issue, but stated that there were several
homeowners who were in need and could not wait for all the details to be decided in the
future. Action was needed as soon as possible.
Resident comment
LeeAnn Gustafson, 1 Cooper Avenue, noted that her family had adequate coverage and
would not need the entire $10,000. Ms. Gustafson asked if her excess dollars could be
distributed to her neighbors if their coverage left them with un-reimbursed costs over
$10,000.
Terrie Rose, 5001 Interlachen Bluff, said it seems there is a question about the St. Paul
Companies review of the liability and denial of the residents' claim after only a very brief
review.
Carl Gulbronson, 5 Cooper Avenue, expressed his displeasure at being informed it would
cost him $200.00 for a City permit to proceed with the repairs to his home. He suggested the
Council waive the permit fees.
Karen Wermager, 3 Cooper Avenue, stated her home was totally uninsured for this loss. Ms.
Wermager said $10,000 would help, but it would not be nearly enough to complete the
repairs and her family would continue living in unsanitary conditions indefinitely.
Member Kelly made a motion directing staff to prepare a resolution authorizing up to
$10,000 in reimbursement to the homeowners affected by the January 6, 2002, watermain
break and sanitary sewer surcharge. The reimbursement should be used to cover expenses
associated with structural and or sanitization costs. Funding of the reimbursement should
come from the City's Utility Fund. Member Hovland seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
Member Kelly made a motion setting a Special Council meeting for Monday, February 11,
2002, at 6:00 p.m. to consider the aforementioned resolution and reimbursement program.
Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
ACQUISITION OF 4416 VALLEY VIEW ROAD APPROVED Manager Hughes indicated
that staff and City Attorneys have concluded negotiations with representatives of Robert M.
Roster with respect to the acquisition of the Roster Service Station located at 4416 Valley
View Road. Rosters have agreed upon the proposed Settlement Agreement. Pursuant to the
Settlement Agreement, the City would acquire the property for $440,000.00. Roster would
continue operations of the service station for thirteen months following closing. Prior to
closing, the City would be allowed sixty days to conduct investigations to determine the
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Minutes/Edina City Council/February 5,2002
environmental condition of the property. If the City was not satisfied with the environmental
condition, it could elect not to close and the agreement would be cancelled.
Member Kelly stated that the dollar amount being paid for the Roster's property seemed
inordinately high and asked if any recovery would be possible. Mr. Hughes said that was
not likely.
Following a brief Council discussion, Member Hovland made a motion to authorize the City
Manager and Mayor to execute the Settlement Agreement for the acquisition of the
property at 4416 Valley View Road. Member Masica seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Nay: Kelly
Motion carried.
2002 LABOR AGREEMENTS FOR LOCAL IAFF 1275 (FIRE), LOCAL 320 (ANIMAL
CONTROL & CSO'S) AND LOCAL 320 (POLICE DISPATCH) APPROVED Member
Hovland said he removed the labor agreements from the consent agenda to ask if there were
any changes from what was presented at the last meeting. Mr. Hughes replied that the
agreements were all for one year in light of the state budget shortfall and potential cut in aids
to cities. It was also noted that the Fire Department agreement was not presented at the last
meeting and the Public Works agreement had been presented. However, since that time the
Fire Department have come to agreement and the Public Works have not yet voted whether
or not to accept a one year contract.
Member Hovland made a motion approving the 2002 Labor Agreement Local IAFF 1275
(Fire). Member Housh seconded the motion.
Ayes: Housh,Hovland, Kelly, Masica, Maetzold
Motion carried.
Member Hovland made a motion approving the 2002 Labor Agreement for Local 320,
Animal Control and CSO's. Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
Member Hovland made a motion approving the 2002 Labor Agreement for Local 320,
Police Dispatch. Member Housh seconded the motion.
Ayes: Housh,Hovland, Kelly, Masica, Maetzold
Motion carried.
*RESOLUTION NO. 2002-14 APPROVED - AUTHORIZING RECYCLING GRANT
AGREEMENT WITH HENNEPIN COUNTY Motion made by Member Hovland and
seconded by Member Housh introducing the following resolution and moving approval:
RESOLUTION NO. 2002-14
AUTHORIZING THE CITY OF EDINA
TO ENTER INTO A 2002
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Minutes/Edina City Council/February 5,2002
MUNICIPAL RECYCLING GRANT
AGREEMENT WITH HENNEPIN COUNTY
WHEREAS, the City of Edina operates a recycling program consistent with
Minnesota Statutes 115A.02 and 115A.03, as amended by the Laws of Minnesota 1992,
Chapter, 685, and Minnesota Statutes,473.8011; and
WHEREAS, the Edina Recycling Program is consistent with the Office of
Environmental Assistance Solid Waste Management Development Guide/Policy Plan, the
Hennepin County Solid Waste Master Plan; and the Hennepin County's Residential
Recycling Funding Policy; and
WHEREAS, the Hennepin County Board has adopted a Resolution authorizing
funding for Municipal Recycling Programs.
NOW, THEREFORE, BE IT RESOLVED, by the Edina City Council that the Mayor
and the City Manager to enter into an Agreement with Hennepin County to accept funding
for the Edina Recycling Programs.
Adopted this 5th day of February 2002.
Motion carried on rollcall vote - five ayes.
RE-APPOINTMENTS MADE TO BOARDS/COMMISSIONS/COMMITTEES Mayor
Maetzold requested endorsement of his recommendations for re-appointments to various
boards, commissions and committees as follows:
NAME COMMITTEE NAME TERM EXPIRING
Imogene Anderson Art Center Committee 2/1/2005
Dolores Dege Art Center Committee 2/1/2005
Elizabeth Eisenbrey Art Center Committee 2/1/2005
George Kuebler Art Center Committee 2/1/2005
Bruce Burnett Community Health Committee 2/1/2004
David Fisher Construction Board of Appeals 2/1/2005
William Crawford Heritage Preservation Board 2/1/2004
Peggy Jennings Heritage Preservation Board 2/1/2004
Garold R Nyberg_ Heritage Preservation Board 2/1/2004
Gregory Winter Human Relations Commission 2/1/2005
Andrew Finsness Park Board 2/1/2005
Linda Presthus Park Board 2/1/2005
Karla Sitek Park Board 2/1/2005
Stephen Brown Planning Commision 2/1/2005
John Lonsbury Planning Commision 2/1/2005
Ann Swenson Planning Commision 2/1/2005
Robert Reid Recycling and Solid Waste Commision 2/1/2004
William Skallerud Zoning Board of Appeals 2/1/2005
Rose-Mary Utne Zoning Board of Appeals 2/1/2005
Tom Erickson East Edina Housing Foundation 2/1/2005
William Greer East Edina Housing Foundation 2/1/2005
Mayor Maetzold made a motion approving the re-appointments to the various boards,
commissions and committees as previously noted. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
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Minutes/Edina City Council/February 5,2002
Motion carried.
2001 YEAR-END FORECAST PRESENTED Manager Hughes reviewed the 2001 year-end
budget forecast for the City's General Fund revenues and expenditures. When numbers are
audited, staff will return with fund balance, reserves and designations for the Council to
approve. Following a brief Council review and discussion, Council consensus was to accept
the forecast as presented.
No formal Council action was taken.
*CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member
Housh seconded the motion approving payment of the following claims as shown in detail
on the Check Register dated January 17, 2002, and consisting of 44 pages: General Fund
$458,757.42, Communications Fund $14,348.26; Working Capital Fund $50,474.88;
Construction Fund $57,936.60, Art Center Fund $4,991.68, Golf Dome Fund $14,535.61;
Aquatic Center Fund $246,262.34, Golf Course Fund $2,593.70, Ice Arena Fund $9,268.73;
Edinborough/Centennial Lakes Fund $10,195.32; Liquor Fund $166,942.75; Utility Fund
$282,775.70; Storm Sewer Fund $14,250.00, TOTAL $1,333,332.99; and for approval of
payment of claims dated January 24, 2002, and consisting of 30 pages: General Fund
$218,930.98; Communications Fund $5,735.72; Working Capital Fund $4,897.10;
Construction Fund $14,087.78; Art Center Fund $1,275.78; Golf Dome Fund $1,242.08;
Aquatic Center Fund $256.57; Golf Course Fund $5,888.30; Ice Arena Fund $17,488.03;
Edinborough/Centennial Lakes $16,070.15; Liquor Fund $99,285.75; Utility Fund $48,569.57,
Storm Sewer Fund $1,255.95; Payroll Fund $475,000.00; TOTAL $909,983.76; and for
approval of payment of claims dated January 30, 2002, and consisting of 28 pages: General
Fund $596,544.62; CDBG Fund $3,098.00, Communications Fund $2,653.34; Working
Capital Fund $24,235.96; Construction Fund $15,536.39; Art Center Fund $17,894.09; Golf
Dome Fund $127.80; Aquatic Center Fund $248,304.79; Golf Course Fund $78,194.03; Ice
Arena Fund $1,096.94, Edinborough/Centennial Lakes Fund $5,096.62; Liquor Fund
$72,080.79,Utility Fund$10,777.81;TOTAL: $1,075,641.18.
Motion carried on rollcall vote-five ayes.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 9:00 P.M.
L,City Clerk
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