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HomeMy WebLinkAbout2008-10-21 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 21, 2008 7:05 P.M. ROLLCALL Answering rollcall were Members Bennett, Housh, Masica, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by Member Housh approving the Council Consent Agenda with the exceptions of Item I., Approval of Minutes — Regular Meeting of October 7, 2008, Item IV.B., Award of Bid, Change Order Edinborough Park Fire Alarm Replacement — Contract No. 08-9PK, and Item V.F., Resolution No. 2008-110, Petition to Nine Mile Creek Watershed District for Stream Bank Stabilization. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. BOY SCOUT TROOP #68 RECOGNIZED Mayor Hovland recognized Boy Scout Troop #68 and invited them to introduce themselves. It was noted the Scouts were working on a merit badge for Eagle Scout. RESOLUTION NO. 2008-109 APPROVED DECLARING OCTOBER KIDS VOTING MONTH Mayor Hovland read a resolution recognizing the unique Kids Voting Program and declaring October as Kids Voting Month in Edina. Member Bennett introduced Resolution No. 2008-109, Declaring October Kids Voting Month. Member Housh seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. MINUTES - REGULAR MEETING OF OCTOBER 7 2008 APPROVED Mayor Hovland noted the changes he made to the October 7, 2008, meeting minutes have been reviewed by Council Members. Member Housh made a motion, seconded by Member Swenson, to approve the minutes of the Regular Meeting of October 7, 2008, as corrected. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. PUBLIC HEARING HELD ON SPECIAL ASSESSMENTS AQUATIC WEEDS — IMP. NO. AQ-08 — RESOLUTION NO. 2008-104 APPROVED Affidavits of Notice presented and ordered placed on file. Director of Park & Recreation Keprios explained the aquatic weeds improvement was a City administered program requested by homeowners, not required by the City or DNR, and assessed to their properties. He displayed a map identifying the Indianhead Lake, location of the 33 assessable units, and presented the breakdown of total expenses of $14,015.31, which equals $424.71 per household. Mr. Keprios displayed a map identifying Arrowhead Lake and location of the 36 assessable units, and presented the breakdown of total expenses of $15,193.35, which equals $422.04 per household. Mr. Keprios then displayed a map identifying the Mill Pond and location of the 63 assessable units, one being Browndale Park, a City property. He explained there was a lack of aquatic weeds that resulted in no mechanical weed removal during 2008; however, the DNR permit was needed just in case. Mr. Keprios presented the breakdown of total expenses of $296.00, which equals $4.70 per household. Staff recommended the Council approve the three assessments, as presented, as one-year assessments. The Council discussed the reason for lack of vegetation growth not being weather dependent, and that last year there had been concern about the water quality of Arrowhead and Indianhead Lakes. It was noted that weed growth was monitored and Arrowhead Lake was treated. Page 1 Minutes/Edina City Council/October 21, 2008 Mayor Hovland opened the public hearing at 7:19 p.m. Public Testimony No one appeared to comment. Member Swenson made a motion, seconded by Member Housh, to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Member Swenson introduced Resolution No. 2008-104, Levying Special Assessment for Improvement No. AQ-08 Aquatic Weeds. Member Masica seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. PUBLIC HEARING HELD ON SPECIAL ASSESSMENTS WEED MOWING — IMP. NO. WD-08 — RESOLUTION NO. 2008-105 APPROVED Affidavits of Notice presented and ordered placed on file. Director of Park & Recreation Keprios advised of Edina's Code standards for weed control and the notification process used. He explained that most times the problem was resolved, but if not, the Park Maintenance Staff cut the weeds and the cost was assessed to the property. In 2008, 19 properties were cut by Park Maintenance Staff, as identified in the staff report, totaling $2,745.00 and recommended to be assessed for one year. The Council discussed that a common characteristic among the 19 properties was repeated weed complaints due to absentee landowners or foreclosed homes. Mayor Hovland opened the public hearing at 7:23 p.m. Public Testimony No one appeared to comment. Member Bennett made a motion, seconded by Member Housh, to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Member Masica introduced Resolution No. 2008-105, Levying Special Assessment for Improvement No. WD-08 Weed Mowing. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. PUBLIC HEARING HELD ON SPECIAL ASSESSMENTS TREE REMOVAL — IMP. NO. TR-08 — RESOLUTION NO. 2008-106 APPROVED Affidavits of Notice presented and ordered placed on file. Director of Park & Recreation Keprios explained the State mandate to prevent the spread of Dutch Elm and Oak Wilt, which was administered by the City Forester. He explained the notification process by registered mail and advised that in 2008, 11 properties decided to contract with the City to remove and dispose of their diseased Dutch Elm trees. Mr. Keprios explained the City's policy to determine the length of assessment based on the amount to be assessed, noting interest was charged beyond one year, and a $30 administrative fee was added to the cost. The Council discussed that this was a typical number of diseased trees to be assessed and that Dutch Elm disease remained prevalent and aggressive. Page 2 Minutes/Edina City Council/October 21, 2008 Mayor Hovland opened the public hearing at 7:27 p.m. Public Testimony No one appeared to comment. Member Swenson made a motion, seconded by Member Housh, to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Member Swenson introduced Resolution No. 2008-106, Levying Special Assessment for Improvement No. TR-08 Tree Removal. Member Housh seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. *PUBLIC HEARING CONTINUED (NOVEMBER 3, 2008) SPECIAL ASSESSMENTS RICHMOND HILLS 2r'W ADDITION NEIGHBORHOOD ROADWAY IMPROVEMENTS — IMP. NO. BA-343 Affidavits of Notice presented and ordered placed on file. Motion made by Member Masica and seconded by Member Housh continuing the public hearing to November 3, 2008, for the special assessments for Richmond Hills 2nd Addition Neighborhood Roadway Improvements — Imp. No. BA-343. Motion carried on rollcall vote —five ayes. PUBLIC HEARING HELD ON CERTIFICATION OF DELINQUENT UTILITIES — RESOLUTION NO. 2008-107 APPROVED Affidavits of Notice presented and ordered placed on file. Finance Director Wallin reviewed State Statute 444.075, which allowed the City to assess against the owner any unpaid charges to the County Auditor for collection through taxes. City Code allowed for the certification of water, sanitary sewer, storm sewer and recycling delinquent accounts to the County Auditor. He advised that utility accounts with balances over $100 and delinquent three months or longer were notified in writing of the pending certification and date of this hearing. Customers would continue to have the opportunity to pay the overdue balances up until November 21, with a $30 administrative fee. Assessments would have a 6.5% interest rate. Mr. Wallin advised that 644 properties were sent notices for a total of $344,037.29. There are four properties that receive St. Louis Park utility services but were located in Edina, pursuant to an agreement, and were also included in the delinquent list to be certified. Mr. Wallin reviewed the number of properties noticed in previous years, noting the number in 2008 was slightly less. Staff recommended adoption of the resolution to certify this year's delinquent utility accounts. The Council discussion included: the property delinquent over $27,000 was a commercial property and became unpaid since last spring when the City installed three different meters, each testing to be 100 percent accurate, and yet each recording a higher amount; the owner of that property had been paying on that amount and would continue to do so until certification; and, the 6.5 percent rate was incentive for residents to pay prior to certification. Mayor Hovland opened the public hearing at 7:34 p.m. Public Comment No one appeared to comment. Member Masica made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Page 3 Minutes/Edina City Council/October 21, 2008 Member Masica introduced Resolution No. 2008-107, authorizing the certification of delinquent utility charges to the Hennepin County Auditor. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. *PUBLIC HEARING CONTINUED (NOVEMBER 3, 2008) — VACATION OF PORTION OF BELMORE LANE Motion made by Member Masica and seconded by Member Housh continuing public hearing to November 3, 2008,for vacation of a portion of Belmore Lane. Motion carried on rollcall vote—five ayes. PUBLIC COMMENT Ron Rich, 7008 West Shore Drive, stated he hoped citizens would always have the ability to comment during any part of the hearing and meeting process, within the time limits allowed, so they were not excluded and unilateral decisions of City staff do not get imposed upon residents. *AWARD OF BID — PAVEMENT MATERIALS CRUSHER RENTAL Motion made by Member Masica and seconded by Member Housh awarding the bid for pavement materials crusher rental to the recommended low bidder, Theco, Inc. at$25,800. Motion carried on rollcall vote —five ayes. AWARD OF BID — CHANGE ORDER EDINBOROUGH PARK FIRE ALARM REPLACEMENT — CONTRACT NO. 08-8PK The Council questioned whether the contractor did not understand the full parameters of the job being bid. Director of Park & Recreation Keprios explained a conduit was too small for the needed wiring, an unforeseen condition not known until the contractor had started the project. Member Masica made a motion, seconded by Member Swenson, awarding Contract No. 08-OPK to the recommended low bidder, Master Technology, at$9,700.00. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. RESOLUTION NO. 2008-108 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. 2008-108 accepting various donations. Member Swenson seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. CDP DATA SUBMISSION PRESENTATION COMMISSIONER GERMANA PATERLINI Energy & Environment Commissioner Germana Paterlini, 5117 Duggan Plaza, thanked staff members who helped gather data. She informed the Council about the founding and activity of the Carbon Disclosure Project (CDP) and presented the City's response to the questionnaire regarding Greenhouse Gas Emissions. She stated they look forward to being helpful to the City and looking at baselines for next year. The Council discussion included: whether the report information regarding the change in demographics may identify the need for more multiple housing; whether those needs may be better addressed through increased mobility services or connections; that references to the Comprehensive Plan may need to be updated; a desire that the report inform the public and fit into a data base so points of comparison would be available; the Bike Plan should be adopted by the time this Report was submitted; and, a correction was needed to indicate the City's sprinkling ban was year long. The Council questioned whether they may have some reduction strategies in mind. Ms. Paterlini advised the State reduction goals were set for 15 percent by 2015, or a two to three percent reduction Page 4 Minutes/Edina City Council/October 21, 2008 for each of the next six years. She explained the first reductions may be energy savings from building maintenance and optimizing internal operations. The second point would be to look at investment in renewable energy solutions and how to pay for it. She noted the Legislature was discussing an appropriation to smaller cities that may provide a grant opportunity to invest in renewable energy options. The Council complimented the Energy & Environment Commission on their work with the Comprehensive Plan. Ms. Paterlini requested the opportunity to make another presentation in February after the Comprehensive Plan was adopted and prior to submission of the Report. The Council indicated that would be welcomed. ORDINANCE NO. 2008-09 APPROVED FIRST READING — AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING REFUSE Assistant City Manager Worthington presented the recommendation of the Energy & Environment Commission to amend the City Code, Section 705.01, concerning storage, collection, and disposal of refuse and compostable materials. The action tonight would bring the City's Code into conformance with the Legislative action passed earlier this year. The Council discussion included: how the types of waste could be sorted; the program was an optional, not mandated, collection; how the Morningside hauling program functions; and, that the compostable materials go to the Arboretum where they were ground up, placed in compost piles, and monitored. Ms. Worthington noted these materials would otherwise end up in the garbage, and the proposed ordinance would allow the materials to go into a stream that would be recycled. Member Swenson made a motion, seconded by Member Masica, to grant first reading of Ordinance No. 2008-09 Amending the Edina City Code Concerning Storage, Collection and Disposal of Refuse, and Compostable Materials. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. AMENDMENT TO PURCHASE AGREEMENT — 7450 METRO BOULEVARD City Manager Hughes explained the due diligence period for the purchase agreement with ConAgra ends on October 23, 2008. He reported the City was provided with Phase I and II Environmental Studies commissioned by ConAgra and scrutinized by Braun Intertech on the City's behalf. The City also asked its architect's consultant to tour the building and examine for structural deficiencies. With regard to the hazardous materials survey, the building contained some asbestos materials, primarily in the floor tile. The conservative estimate to abate the floor tile was $125,000; however, if some of the floor tiles remain in place, it would reduce the cost of abatement. With regard to ground water, Braun dug five additional testing wells and found one of the samples to contain vinyl chloride that exceeded Minnesota's Health Risk Limit (HRL), so a no-action letter would be pursued from the MPCA. Mr. Hughes reported it may take 6-12 months to secure a no-action letter, so if the City were to go forward with the property acquisition; it would not close for six to twelve months. He reported the architect's consultant did not find anything new with the interior structure of the building that would impact the City's use of the building. Mr. Hughes noted the letter from Ehlers & Associates addressing the current bond market and their position that today the market was still strong based on recent sales in similar cities. However, it does not make sense to issue bonds prior to the City's ability to close on the property, which could be six to twelve months away. Mr. Hughes noted the drafted amendment to the purchase agreement would: 1. Provide for anticipated time required to obtain the no-action letter; 2. Extend the due diligence period up to 60 days after the issuance of a no-action letter and extend the closing date for that purpose; and, 3. Permit the City to terminate the purchase agreement if it later was determined the no-action letter was not acceptable or financing feasible for bonding after the no-action letter was issued. He reported that ConAgra had reviewed the amendment to the purchase agreement and indicated they were ready to move forward. Mr. Hughes recommended the City pursue the no-action letter and direct staff to work with ConAgra and the MPCA during that process. Page 5 Minutes/Edina City Council/October 21, 2008 The Council discussion included: the depth of the monitoring wells were 15-17 feet deep; any purchaser of this property would request a no-action letter since the property issues needed to be resolved with ConAgra; the MPCA might require ConAgra to conduct additional investigations, perhaps to determine if this substance originated from this property or was the result of a flow from other properties; and that sale of bonds at this time would be premature since it could be six months before the no-action letter would be issued. Mr. Hughes advised that the budget included a debt service levy in anticipation of selling these bonds later this fall or during 2009. In December, the Council will make the decision whether or not to have a debt service levy start in 2009 in anticipation of selling the bonds. The Council noted the market in six months cannot be predicted at this time and the amendment would give the unilateral decision whether or not to sell bonds. The Council questioned whether the seller would be willing to issue an environmental assurance for unknown conditions. Mr. Hughes advised it was too early for such a negotiation with ConAgra, but there were different kinds of no- action letters and, based on the type issued, it was possible the City may negotiate additional assurances from ConAgra. The Council discussed the potential need for and cost of ground water remediation and noted that once the no-action letter was issued, the MPCA would still have the ability to require action under certain circumstances. The Council noted the amendment: would provide an additional 60 days of due diligence after the no- action letter comes forward, would provide the City with flexibility in deciding what to do about environmental issues, and the $100,000 would be returned if the City determined to not proceed to closing. Staff was directed to provide the Council with additional bond levy information to assist with that decision, noting it had until December 16, 2008, to make that decision. It was noted there were substantial savings in capitalized interest costs when this was considered previously. Member Bennett made a motion, seconded by Member Housh, to approve an amendment to the purchase agreement for 7450 Metro Boulevard to extend the closing date; extend the due diligence period until 60 days after the issuance of the no-action letter for the City to evaluate its sufficiency and to arrange financing for the acquisition; and, permit the City to terminate the agreement if it determined that the no-action letter was not acceptable or financing feasible prior to the end of the extended due diligence period. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. UPDATE OF COMPREHENSIVE PLAN ROADWAY FUNCTIONAL CLASS SYSTEM Engineer/Public Works Director Houle advised that the Functional Class System in the Transportation Chapter of the Comprehensive Plan does not match the Metropolitan Council's mapping, which became apparent during the Metropolitan Council's pre-review. At that time, staff explained the functional class map was identical with the 1999 Comprehensive Plan and staff did not know Metropolitan Council's mapping had changed when redone three years ago. Mr. Houle stated staff and Peter Langworthy of WSB met with Metropolitan Council staff and it was determined that Edina either needed to replicate in its Plan the Metropolitan Council map and functional classifications or request approval for map changes from the Metropolitan Council and its Technical Advisory Board. Mr. Houle displayed the Metropolitan Council's current mapping, explained how it differed from Edina's mapping, and presented staff's recommendations for agreements with Metropolitan Council classifications and requests for change. He also explained the hierarchy of road classifications and how they were categorized, noting the advantage of funding tied to A-minor arterial roadways. The Council discussion included: the number of vehicles per day carried by collector (1,000 to 15,000) and B-minor arterial roadways (5,000 to 30,000); funding advantage for A-minor arterial roadways; impact of land use concentrations of residential or commercial/retail developments on road classifications; the importance of connectivity and standard consistency; concern about function of the roadway going forward; and, risks to residents who live on those roadways. The Council noted that when Edina was built, it was the outer suburb so future construction of the roadway system to outer areas had not been envisioned. Page 6 Minutes/Edina City Council/October 21, 2008 Peter Langworthy, WSB, explained the classification was based on the amount of traffic the roadway carried. He advised there were not clear-cut mandates that an arterial must have certain design criteria. Rather, there were guiding principals, and if a roadway was designated as a collector as opposed to a B-minor arterial, it would not have a major change on how that roadway would be designed moving forward. He noted Edina was a mature City with a mature roadway system. Mr. Langworthy said certain roadways, due to basic features and development had regional significance. For example, a road that had an interchange at one end and major commercial enterprise at the other end, would be of regional significance. The Council noted that twenty percent of the City's mileage of roadways was designated as Municipal State Aid (MSA) roadways. Additionally, all of the road segments being discussed, with the exception of 58th Street, were on the MSA system. The Council expressed concern that changing a designation from collector to another status expanded the potential for future developmental capability. Mr. Houle suggested the future land use had been identified in the Comprehensive Plan. The Council discussed that the Comprehensive Plan required the City to adequately control access points to the regional roadway system, and the Comprehensive Plan would establish and more clearly define the connection between land use and transportation. Member Swenson made a motion, seconded by Member Bennett, to recommend the following functional classifications to the Metropolitan Council: • That A-1 CSAH 158 (Vernon Avenue South/Gleason Road) from TH 62 (Crosstown) to TH 100 be upgraded to an A-Minor Arterial Roadway; • That B-1 York Avenue So./Xerxes Avenue from TH62 to South City Limit and B-7 Valley View Road/West 69th Street from West 66th Street to CSAH 31 (York Avenue South) be upgraded to B-Minor Arterial Roadways • That 11-2 Blake Road/Interlachen Road from the north City limits/Spruce Road to Vernon Avenue, B-3 Londonderry Road/Lincoln Drive/Vernon Avenue South from TH169 to Gleason Road, B-4 Cahill Road from West 78th Street to West 70th Street, B-5 West 70th Street from Cahill Road to CSAH 17 (France Avenue), B-6 Normandale Road/Valley View Road from Benton Avenue to TH 62 (Crosstown) be designated Collector Streets Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. RESOLUTION POSTPONED - PETITION TO NINE MILE CREEK WATERSHED DISTRICT FOR STREAM BANK STABILIZATION The Council questioned whether submission of a petition to the Nine Mile Creek Watershed District (NMCWD) would be in conflict with work of Bike Edina Task Force to establish a bike trail in this area. Engineer/Public Works Director Houle explained that for the last two years, the NMCWD had asked Edina staff to submit a petition, which would open funding for CIP projects. He explained the NMCWD's project was to stabilize the banks from erosion, to realign the Creek in some areas, and to add a trail where it would match the Three Rivers trails. The Council expressed concern that the two projects may not be compatible. Mr. Houle noted that a project had not yet been identified and while Three Rivers had not committed funding to a trail, they had started a preliminary review of the feasibility and potential location for a trail. City Manager Hughes advised that the Manager of the NMCWD had encouraged Edina to submit this petition, which would provide another source of funds into the corridor that did not exist today. This was the mechanism that cities used, a petition process to access the levy authority of the watershed district. He noted that Edina was one of the last communities to take advantage of this process. The Council discussed that residents have not indicated support for a bank stabilization project but have asked why there was not a bike trail in Edina or park land to bike between, as identified formally in the community survey. The Council noted the City's budget constraints and past discussion to cut $25,000 from trail maintenance, even though construction of more trails and maintaining current trails was identified as a top priority by Edina residents. It was also noted that Edina taxpayers contribute Page 7 Minutes/Edina City Council/October 21, 2008 $3.5 million to Three Rivers, yet Edina lacks a Three Rivers facility. Mr. Houle pointed out that if NMCWD was not included in the project discussion, it could delay obtaining permits without this analysis. The Council considered the best process to follow to assure momentum was not lost with Edina's bike trail plan. Mr. Houle stated it appeared the Council was not yet ready to consider this petition and would prefer to delay consideration until more information was known about the Three Rivers projects and if the projects can be merged together. The Council indicated it would be more comfortable if the bike trail was first identified since it was a priority of residents. Council consensus was reached to postpone consideration of Resolution No. 2008-110, Petition to Nine Mile Creek Watershed District for Improvement Funding, to allow time for staff to meet with Nine Mile Creek Watershed District and Three Rivers Park District to discuss the petition process, funding, and bike trail project. *CONFIRMATION OF CLAIMS PAID Motion made by Member Masica and seconded by Member Housh approving payment of the following claims as shown in detail on the Check Register dated October 9, 2008, and consisting of 34 pages: General Fund $561,375.27; CDBG Fund $8,518.50; Communications Fund $841.81; Working Capital Fund $311,073.72; Art Center Fund $2,507.45; Golf Dome Fund $130.13; Aquatic Center Fund $2,687.19; Golf Course Fund $17,846.80; Ice Arena Fund $39,958.20; Edinborough/Centennial Lakes Fund $51,665.03; Liquor Fund $159,442.45; Utility Fund $410,909.75; Storm Sewer Fund $21,048.88; PSTF Agency Fund $3,838.30; TOTAL $1,591,843.48 and for approval of payment of claims dated October 16, 2008, and consisting of 35 pages: General Fund $329,067.20; Communications Fund $25,916.95; Working Capital Fund $114,157.08; Art Center Fund $2,853.36; Golf Dome Fund $901.24; Aquatic Center Fund $318.89; Golf Course Fund $23,712.41; Ice Arena Fund $15,383.51; Edinborough/Centennial Lakes Fund $13,390.32; Liquor Fund $278,897.35; Utility Fund $26,564.25; Storm Sewer $13,193.85; Recycling Fund $35,380.00; PSTF Agency Fund $22,037.53; TOTAL $901,773.94; and credit card transactions dated August 26, 2008,to September 25, 2008,TOTAL $4,935.02. Motion carried on rollcall vote —five ayes. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 9:33 p.m. Respectfully submitted, Debra A. Mangen, City Clerk i Page 8