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HomeMy WebLinkAbout2008-07-01 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 1, 2008 7:00 P.M. ROLLCALL Answering rollcall were Members Bennett, Housh, Masica, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Swenson and seconded by Member Housh approving the Council Consent Agenda as presented with exceptions of: Item I. Minutes of the June 16, 2008, Work Session and June 17, 2008 Work Session, Item IV. D. Insurance Renewals, 1. Workers Compensation, 2. General Liability, 3. Property, and Item V. D. Republican National Convention Joint Power Agreement. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. *APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 17, 2008, AND JOINT SCHOOL BOARD MEETING OF JUNE 16, 2008 Motion made by Member Swenson and seconded by Member Housh approving the minutes of the Regular Meeting of June 17 2008, and Joint School Board Meeting of June 16, 2008. Motion carried on rollcall vote — five ayes. APPROVAL OF MINUTES - JUNE 16 2008 WORK SESSION AND JUNE 17, 2008, WORK SESSION Mayor Hovland pointed out corrections to the work session minutes of the Council held at the Community Center on June 16, 2008. Mayor Hovland moved to approve the corrected minutes of the June 16, 2008, Work Session. Member Swenson seconded the motion. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Mayor Hovland stated he believed there had been a conclusion missed in the discussion of the land use designations relative to the zoning of the areas called General Mixed Use (GMU) and Neighborhood Commercial (NC) in the June 17, 2008, Work Session minutes. Member Masica made a motion that was seconded by Member Swenson to approve the minutes of the June 17, 2008, Work Session as corrected. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. RESOLUTION NO. 2008-61 ADOPTED ORDERING IMPROVEMENT PROJECT BA-345 WOODLAND CIRCLE AND WOODLAND LANE AREA SEWER, WATER & STREET RECONSTRUCTION Affidavits of Notice presented and ordered placed on file. Engineer Presentation Assistant Engineer Sullivan reviewed the proposed project using PowerPoint. Mr. Sullivan said the two projects being heard before the City Council were very similar but were separated by Minnehaha Creek. He noted the project was initiated by the staff and would involve reconstructing the existing Woodland Circle and Woodland Lane roadway and included adding new concrete curb and gutters, improvements to the water main, sanitary Page 1 Minutes/Edina City Council/July 1, 2008 sewer and storm sewer. Mr. Sullivan noted that eighteen homes would be included in the neighborhood assessment. Mr. Sullivan said, the overall project cost would be $598,250, including City owned utility repairs. Funding would come from a special assessment of 100% for the roadway cost, while all City owned utility repairs would come from the respective utility funds. He concluded stating that after staff analyzed the project they felt it was feasible from an engineering standpoint. Issues included in the Council discussion were: when would the neighborhood have come up for street reconstruction if the utility repairs were not part of the project, a review of the pavement condition index a ranking system used to rank streets' need for reconstruction, if there was a way to do the infrastructure repair without reconstructing the roadway, was the area slated for seal coating, the length of time a skim coat would put off reconstructing the roadway, how to minimize resident inconvenience during neighborhood construction projects, the City's policy regarding special assessment for reconstruction of roadways, methodology of apportioning special assessments throughout neighborhoods, need for and style of curb (surmountable vs. bulkhead), street lighting, drainage issues to be corrected and methods of correction, ramifications of delaying project, and details about the infrastructure repair to be undertaken. Public Testimony Tracy Eichhorn-Hicks, 5708 Woodland Lane, objected to the street portion of the proposed project, did not want curb and gutter, and agreed the water main repairs should be completed. He also objected to being assessed for the roadway portion of the improvement. Nick Boosalis, 5704 Woodland Lane, objected to the street portion of the proposed project, did not want curb and utter, and agreed the water main repairs should be completed.g 9 p He p also objected to being assessed for the roadway portion of the improvement. Perry Mead, 80 Woodland Circle, expressed concern over inconvenience to residents during construction, asked for more citizen input when planning projects and suggested the proposed project be delayed. Debbie Stofer, 91 Woodland Circle, stated she would like to see the sewer and water improvements completed, but she did not want preferred no curb and gutter. Mary Morrison, 92 Woodland Circle, stated she was in favor of curbs and gutters and supported the project. Ed Noonan, 84 Woodland Circle, supported the project and suggested the curb be installed to match the north side of West 56th Street. Todd Kerin, 5705 Woodland Lane, opposed the curb and gutter, suggested seal coating instead of road reconstruction, wanted the water main should to be repaired. Scott Kelley, 96 Woodland Circle, opposed the curb and gutter, suggested seal coating instead of road reconstruction, wanted the water main should to be repaired. AA-s- Deborah Geiger-McCracken, 89 Woodland Circle, agreed the water main needed to be repaired, favored more street lighting and seal coating the :roadway and could go either way on the curb and gutter. Page 2 Minutes/Edina City Council/ July 1, 2008 Member Masica made a motion that was seconded by Member Swenson to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Member Swenson made a motion that was seconded by Member Housh to adopt Resolution No. 2008-61 ordering Improvement Project BA-345, Woodland Circle and Woodland Lane Area Sewer, Water and Street reconstruction, noting the curb to be installed shall be the surmountable style. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. RESOLUTION NO. 2008-62 ADOPTED ORDERING IMPROVEMENT PROJECT BA-352 WOODEND DRIVE AREA SEWER. WATER & STREET RECONSTRUCTION Affidavits of Notice presented and ordered placed on file. Engineer Presentation Mr. Sullivan reviewed the proposed project using PowerPoint. He noted the project was initiated by the staff and would involve reconstructing the existing Woodend Drive roadway and included adding new concrete curb and gutters, improvements to the water main, sanitary sewer and storm sewer. Mr. Sullivan noted that twelve homes would be included in the neighborhood assessment. Mr. Sullivan said the overall project cost would be $255,000 including City owned utility repairs. Funding would come from a special assessment of 100% of the roadway cost, while all City owned utility repairs would come from the respective utility funds. He concluded, stating that after staff analyzed the project they felt it was feasible from an engineering standpoint. Issues included in the Council discussion were: when the neighborhood would come up for street repair if the utility repairs were not part of the project, street lighting, would project alleviate France Avenue storm water, City policy on irrigation systems and pet containment systems damaged during neighborhood reconstruction, and details about the infrastructure to be redone. Public Testimony No one appeared to testify. Member Housh made a motion that was seconded by Member Swenson to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Member Housh made a motion that was seconded by Member Masica to adopt Resolution No. 2008-62 ordering Improvement Project BA-352, Woodend Circle Area Sewer, Water and Street reconstruction, noting the curb to be installed shall be the bulkhead style. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Page 3 Minutes/Edina City Council/July 1, 2008 GALLERIA HOTEL, LLC0_IQUOF&ICENSEc&RANTED Affidavits of publication were presented and placed on file. Mr. Hughes explained the Galleria Hotel dba as Westin Edina Galleria located at 321 Galleria applied for new on-sale intoxicating and Sunday Sale liquor licenses. They have filed all necessary paperwork and paid the applicable fees for the licenses. Mr. Hughes said the licenses have been reviewed by the City's Administration, Health, Planning and Police Departments and have been found to be in order. He reported the Police background check indicated no negative findings. Public Testimony Warren Beck, owner of the Westin Galleria Hotel, informed the Council that the projected opening date of the hotel was August 21, 2008. Member Swenson made a motion that was seconded by Member Housh to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Member Masica made a motion to grant an on-sale intoxicating license and Sunday Sale License to Galleria Hotel, LLC dba Westin Edina Galleria for the period beginning July 1, 2008 and ending March 31, 2009. Member Housh seconded the motion. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. PUBLIC COMMENT No one appeared for public comment. *AWARD OF BID CONTRACT NO. 08-5PK FLOOR REPLACEMENT AT EDINBOROUGH PARK GREAT HALL Motion made by Member Swenson and seconded by Member Housh awarding the bid for the floor replacement at Edinborough Park Great Hall to the recommended low bidder, Haldeman-Homme, Inc. dba Anderson Ladd at$46,537.00. Motion carried on rollcall vote —five ayes. *AWARD OF BID PARKING LOT RENOVATION AT WEBER PARK Motion made by Member Swenson and seconded by Member Housh awarding parking lot renovation at Weber Park to the recommended low bidder, T.A. Schifsky & Sons, Inc. at$38,400.00. Motion carried on rollcall vote —five ayes. *AWARD OF BID SIX REPLACEMENT 75-FOOT WOODEN POLES PAMELA PARK SOCCER/FOOTBALL FIELD Motion made by Member Swenson and seconded by Member Housh awarding six replacement 75-foot wooden poles at Pamela Park Soccer/Football Field to the recommended low bidder, Bell Lumber & Pole Company at $13,164.00. Motion carried on rollcall vote —five ayes. AWARD OF BID FOR WORKERS COMPENSATION INSURANCE GENERAL LIABILITY INSURANCE AND PROPER NSURANCE Motion made by Member Masica and seconded by Member Housh awarding the bid for: 1) the City's Worker's Compensation Insurance to the recommended low bidder St. Paul Traveler's in the amount of $426,905.00; 2) the City of Edina's General Liability Insurance Package to the recommended low bidder St. Paul Traveler's Company in the amount of $336,940.00; Page 4 Minutes/Edina City Council/July 1, 2008 and 3) the City of Edina Property/Boiler Machinery Insurance to the recommended low bidder St. Paul Traveler's Company in the amount of$71,743.00. Ayes: Bennett, Housh, Masica, Hovland Member Swenson was not in the Council Chambers for this vote. Motion carried. RESOLUTION NO. 2008-60 APPROVED 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 Bennett introduced Resolution No. 2008-60 accepting various donations. Member Housh seconded the motion. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. BIKE EDINA TASK FORCE UPDATE Alice Hulbert, 7221 Tara Road, representing the Bike Edina Task Force, gave an update on the work of the Task Force. She noted the Task Force had formed several sub-committees to allow them to cover more areas efficiently. Ms. Hulbert noted the Task Force's Bike Plan had been reviewed by the City Council but not formally adopted. She requested the Council adopt the Plan and include it in the updated Comprehensive Plan. Ms. Hulbert also requested a work session between the Council and the Bike Edina Task Force to set goals and potentially develop a budget. Mr. Hughes explained the Council had essentially included the City of Edina Comprehensive Bike Plan by reference in the Transportation Chapter of the updated Comprehensive Plan. However, he suggested it could be expanded for clarity to include perhaps the "Executive Summary" and a graphic, noting this would allow Comp Plan users in the future to avoid the need to seek out another document, and instead to view the desired information within the Comp Plan. Mr. Hughes stated that when the City Council adopted the Transportation Chapter of the Comprehensive Plan they would be also adopting the Comprehensive Bike Plan. No formal action necessary. MAYOR HOVLAND NOMINATED BY EDINA TO REPRESENT CITY ON THE GRANT EVALUATION AND RANKING (GEARS) COMMITTEE Mr. Hughes explained the 2008 legislature authorized the formation of a joint powers board and implementation of a quarter- cent sales tax for transit purposes in the seven county Metropolitan Area. He said five of the seven counties have entered into a joint powers board agreement and levied the tax. The five counties have formed the Counties Transit Improvement Board (CTIB). A Grant Evaluation and Ranking System (GEARS) Committee, consisting of eight elected city officials, five county commissioners and the chair of the Met Council Transportation Committee must be created for the purpose of ranking and evaluating eligible transit projects for submission to the CTIB. Mayor Hovland has indicated an interest in appointment to the GEARS Committee as one of the elected officials. The election will be handled by the Metro Cities Association of Metropolitan Municipalities. The election will be held on July 21, 2008, at the League of Minnesota Cities Building in St. Paul. Member Swenson made a motion that was seconded by Member Bennett to nominate Mayor Hovland to represent the City of Edina on the Grant Evaluation and Ranking (GEARS) Committee. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Page 5 Minutes/Edina City Council/July 1, 2008 REPUBLICAN NATIONAL CONVENTIONWOLICE JOINIMOWEREWGREEMENT AUTHORIZED Deputy Chief Long stated the Edina Police Department, along with local, county and statewide law enforcement agencies had been asked to assist the St. Paul Police Department with the Republican National Convention scheduled to be held September 1-4, 2008, in St. Paul. Mr. Long said the Republican National Convention was expecting approximately 45,000 registered guests. The St. Paul Police Department has agreed to undertake certain public safety and security measures related to the 2008 Republic National Convention, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Minneapolis/St. Paul Metropolitan area. They have also estimated they will see approximately 50,000 — 100,000 protesters, which has the potential of a significant public safety threat. Mr. Long said the Edina Police Department has been requested to provide two rapid response teams. One team will be based at the airport and the other team will remain fluid and respond to "hot spots" around the metro area. In addition to the two rapid response teams, Edina will be providing additional officers that will be assigned in St. Paul assisting with traffic direction and security. Any officers assigned to work at the Convention will receive specialized training regarding the responsibilities of handling a large scale event. The City of Edina will be reimbursed for all salaries relating to the Convention. The host committee has secured a ten million dollar liability insurance policy for the event. Mr. Long stated staffing for the Convention would not affect the staffing levels needed to handle Edina's daily call load. He added the Edina City Attorney had reviewed the Joint Powers Agreement and believed the risks were manageable. The Council discussed the proposed joint powers agreement. Concerns included potential liability risks to the City, limits to the reimbursement stated in the proposed joint powers agreement, the letter`from the L,eagqe .oU,Minneso,ta Cities Insurance Trust identifying and discussing considerations, and whether the exposure would be adequately covered under the terms of the proposed joint powers agreement. Member Housh made a motion that was seconded by Member Swenson approving the Joint Powers Agreement regarding Public Safety related to the 2008 Republican National Convention. Ayes: Housh, Masica, Swenson, Hovland Nay: Bennett Motion carried. *CONFIRMATION OF CLAIMS PAID Motion made by Member Swenson and seconded by Member Housh approving payment of the following claims as shown in detail on the Check Register dated June 19, 2008, and consisting of 33 pages; General Fund $131,330.48; Communications Fund $11,023.25; Working Capital Fund $645,027.66; Art Center Fund $5,228.38; Golf Dome Fund $5,437.53; Aquatic Center Fund $5,085.60; Golf Course Fund $43,730.06; Ice Arena Fund $18,640.08; Edinborough/Centennial Lakes Fund $12,894.67; Liquor Fund $195,362.16; Utility Fund $758,944.95; Storm Sewer Fund $62,956.64; Recycling Fund $35,380.00; PSTF Agency Fund $239.43; TOTAL $1,931,280.89 and for approval of payment of claims dated June 26, 2008, and consisting of 34 pages: General Fund $325,199.29; Communications Fund $7,439.01; Working Capital Fund $596,879.43; Art Center Fund $18,670.97; Golf Dome Fund $582.04; Aquatic Center Fund $6,682.34; Golf Course Fund $29,192.30; Ice Arena Fund $7,501.17; Edinborough/Centennial Lakes Fund $11,016.41; Liquor Fund $172,621.43; Page 6 Minutes/Edina City Council/ July 1, 2008 Utility Fund $139,788.55; Storm Sewer $144,837.65; PSTF Agency Fund $3,926.75; TOTAL $1,464,337.34 Motion carried on rollcall vote — five ayes. DECEMBER 31 2007, COMPREHENSIVE ANNUAL FINANCIAL STATEMENT RECEIVED Finance Director Wallin introduced, James Eichten, CPA, from Malloy, Montague, Karnowski, Radosevich, & Co., P.A., the Principal in charge of the City of Edina's audit, to present the City's 2007 Comprehensive Annual Financial Report (CAFR). Using a PowerPoint presentation Mr. Eichten reviewed the Report that consisted of: • Independent Auditors' Management Report - a report by the auditors to communicate information relevant to city finances and to provide comments resulting from their audit process. • Independent Auditors' Special Purpose Audit Reports - the result of the extensive audit performed to assess the City's internal controls and to assure compliance with all of the State's and Federal Government's statutes, laws and regulations. The auditors this year did not find any occurrences where the City did not comply with State statutes and Federal laws and regulations; however the auditors did list two findings of what they consider to be weaknesses in internal control within the City. Finance staff has responded to both of these findings. • 2007 Comprehensive Annual Financial Report - the accumulation of all Finance functions compiled in a format prescribed by the Financial Accounting Standards Board, the Governmental Accounting Standards Board, The State of Minnesota, and The Federal Government. The Comprehensive Annual Financial Report consists of a number of sections: • The Introductory Section has a letter from the Finance Director, a listing of elected and appointed officials and an organization chart. • The Financial Section which included the Auditors' Opinion and Management's Discussion and Analysis letter. • The Basic Financial Statements which detailed the 2007 accounting for the City, as well as the notes to the financial statements. • The Required Supplementary Information which included the budgetary comparison schedule for the General Fund along with the related notes. • The Combining and Individual Fund Statements and Schedules containing the financial statements for the non-major funds. • The Supplementary Financial Information which included various schedules of debt and assessed valuation. • The Statistical Section containing a number of schedules required by the above mentioned boards and governments. Member Swenson made a motion, which was seconded by Member Masica, receiving the City of Edina December 31, 2007, Comprehensive Annual Financial Statement. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. LETTER TO BE SENT TO CALVIN CHRISTIAN SCHOOL Member Bennett presented photographs of the Calvin Christian School and expressed her concern over the School's potential violation of the August 2007 Conditional Use Permit. She stated that the artist's rendition and school's submittals indicated the exterior finish materials would be in earth tones, however, the school was being sided with bright blue materials as shown by the photos. The Council discussed concern about the actual construction vs. the artist's renditions submitted when the CUP was granted. They discussed possible remedies with Page 7 Minutes/Edina City Council/July 1 2008 staff. Member Swenson made a motion that was seconded by Member Bennett directing staff to write a letter to Calvin Christian School expressing concern that the color of exterior finish materials did not appear to match color parameters proposed at the time the School's Conditional Use Permit was obtained, that the City was requesting a meeting to see if concerns could be resolved, and that the School not continue to install the materials; and also directing the City Attorney to issue an opinion to the City of the resolution of the matter. Ayes: Bennett, Masica, Swenson, Hovland Nay: Housh Motion carried. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 10:45 p.m. Respectfully submitted, Debra- A. Mangen, ity Clerk Page 8