HomeMy WebLinkAbout2008-11-03 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
NOVEMBER 3, 2008
7:07 P.M.
ROLLCALL Answering rollcall were Members Bennett, Housh, Masica, Swenson and Mayor Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Bennett and seconded by
Member Swenson approving the Council Consent Agenda with the exceptions of Item V.E.,
Metro Cities Legislative Policies — Voting Representative November 20, 2008 Policy Adoption
Meeting; and, Item V.H. Set Hearing Date (November 18, 2008) — Comprehensive Plan.
Rollcall:
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
MINUTES REGULAR MEETING OF OCTOBER 21, 2008, WORK SESSION OF OCTOBER 7,
2008, AND WORK SESSION OF OCTOBER 21, 2008 APPROVED Motion made by Member
Bennett and seconded by Member Swenson approving the minutes of the Regular Meeting of
October 21, 2008, Work Session of October 7, 2008, and Work Session of October 21, 2008.
Motion carried on rollcall vote —five ayes.
PUBLIC HEARING HELD ON SPECIAL ASSESSMENTS — RICHMOND HILLS 2"D ADDITION
ROADWAY IMPROVEMENTS IMP. NO. BA-343, RESOLUTION NO. 2008-112 APPROVED
Affidavits of Notice presented and ordered placed on file.
Assistant City Engineer Sullivan presented Improvement BA-343, Richmond Hills Neighborhood
Reconstruction. He displayed a map to identify the location of this neighborhood and 47 single family
residential homes, noting it was landlocked so the only access was Sherwood Road past Grandview
Square. Mr. Sullivan presented pictures of the pavement and drainage conditions before and after the
improvement. The project cost was $530,846.40, and the City utility fund would pay 44% or
$234,987.49 of the project cost. The amount to be assessed was $295,858.91, which equaled
$6,294.87 per residential equivalent unit. The payback was over ten years at 5.75% interest. Staff
recommended approval of the special assessment per the assessment roll as presented.
The Council discussed that savings were realized because the contractor was very efficient and some
of the built-in costs based on rising oil and labor were not realized. It was noted that the drainage
challenges in this neighborhood were addressed through curb and gutter, stormwater treatment
structure, additional catch basins, and sump drains. Mr. Sullivan advised that residents addressed
large low drainage areas located on interior private property.
Mayor Hovland opened the public hearing at 7:15 p.m.
Public Comment
Steve Ullom, 5229 Richwood Drive, stated he had talked with staff about the damage to the corner of
his driveway, and it was indicated that bonding material could be used to make the repair; however, it
had already come out. In addition, he felt the saw cut could have continued across the entire
driveway if done when the blocks were removed to place the concrete forms. Mr. Ullom would like his
driveway repaired properly.
John Menke, 5301 Pinewood Trail, thanked the City for a project that resulted in an assessment lower
than estimated. He indicated he would like to avoid the payment of interest and requested
clarification on when full payment was needed, noting the Thanksgiving holiday schedule.
Jacqueline Goepfrich, 5234 Richwood Drive, asked whether residents would receive a billing or only
the assessment letter, and whether it was possible to counter sink the catch basin. She expressed
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her concern for children who play in the reservoir area because the large catch basin was not
countersunk. Ms. Goepfrich stated a tree on her property was damaged during the project and while
she had received verbal assurances that a tree trimmer would look at the tree, it had not yet been
addressed.
Eric Hoegger, 5257 Richwood Drive, reported that the elevation of his driveway was changed by the
street improvement work and now the bottom of his wife's car scraped the pavement. He asked if his
driveway elevation could be modified
Member Housh made a motion, seconded by Member Bennett, to close the public hearing.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
Engineer/Public Works Director Houle stated staff would work to resolve the issues with Mr. Ullom's
driveway and the City Forester would inspect Ms. Goepfrich's tree; however, trimming the tree may
have to be done during winter months. Mr. Houle stated staff would double-check the Hoegger
driveway to determine whether the elevation needed to be changed to prevent their car from scraping.
With regard to the financing, it was explained the project was being certified to Hennepin County at
the end of November to avoid 7.5% capitalized interest costs in the amount of $40,000 to $50,000 if
delayed a year. To avoid interest, payment needed to be received by 4:30 p.m. on December 1,
2008. It was advised that the assessment could be paid in full, 25% of the assessment could be paid
and the remainder assessed, or the full assessment could be spread over ten years on the taxes. It
was noted that the assessment notice indicated an invoice would not be sent. Mr. Houle addressed
the concern expressed by Ms. Goepfrich and stated he was aware that the storm water treatment
structure to catch grit from the system could not be countersunk because access was needed to the
manhole covers. He stated staff would consider whether other methods could be used to blend in the
structure, such as artificial turf, which would still allow access for maintenance. The Council
discussed that the manhole covers weigh about 150 pounds, so equipment was needed to open the
covers. Member Masica introduced Resolution No. 2008-112 Levying Special Assessments for
Public Improvements. Member Swenson seconded the motion.
Rollcall:
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
PUBLIC HEARING POSTPONED ON VACATION OF PORTION OF BELMORE LANE AND
CONDITIONAL USE PERMIT REQUEST — INTERLACHEN COUNTRY CLUB, 6200
INTERLACHEN BOULEVARD RESOLUTION NO. 2008-113 TABLED Affidavits of Notice presented
and ordered placed on file.
Mayor Hovland noted the request of the Interlachen Country Club that this matter be postponed and
returned to the Planning Commission to address a significant alteration. Member Swenson made a
motion, seconded by Member Housh, to table consideration of Resolution No. 2008-113 and
refer the Conditional Use Permit request to build new maintenance facilities at 6200
Interlachen Boulevard for the Interlachen Country Club to the Planning Commission.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
PUBLIC COMMENT
No one appeared to comment.
*AWARD OF BID — CHAISE LOUNGES FOR EDINA AQUATIC CENTER Motion made by Member
Bennett and seconded by Member Swenson awarding the bid for chaise lounges for the Edina
Aquatic Center to the recommended low bidder, Taylor & Associates, Inc., at$22,476.78.
Motion carried on rollcall vote—five ayes.
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*AWARD OF BID - 2-WHEEL DRIVE HEAVY-DUTY UTILITY VEHICLE — BRAEMAR GOLF
COURSE Motion made by Member Bennett and seconded by Member Swenson awarding the
bid for a 2-wheel drive Toro Workman, Model 3200, for Braemar Golf Course to the
recommended low bidder, MTI Distributing, at $16,555.87.
Motion carried on rollcall vote —five ayes.
AWARD OF BID — CHANGE ORDER — MORNINGSIDE WATER MAIN PROJECT Engineer/Public
Works Director Houle stated the original contract amount was $1,238,974 and Change Order #3
raised it by $200,468, exceeding more than ten percent and therefore requiring Council action. Mr.
Houle advised the change orders involved the non-standard residential service size in the
Morningside area and uniqueness of the corporation (valve connected to watermain) of a non-
standard residential service size. The other change order was for additional saddles to hold the
service corporations to re-establish the service. Mr. Houle stated he may negotiate a roadway
sealcoat next summer to address the patching that resulted from this project.
The Council discussed the age of the pipes (49 to 69 years old) and that the technology being
employed for this project had been used for sanitary sewers for 20-30 years; however, the technology
was relatively new less than five years old for watermains, approved this year for use in Minnesota.
Mr. Houle advised that staff and TKDA, Edina's consulting engineer, did a lot of research on this
technology, noting the pipes are NSF approved to assure safety and that the project was done
according to certification. Member Bennett raised questions about the suitability of this "untried"
technology in these very old pipes, asked whose responsibility it was to determine the suitability, and
whether the contract language contained protection for the City with regard to increasing costs. Mr.
Houle described the services in the Morningside area and explained the City did not have past
records on the size of these services, nor would a consulting engineer.
It was noted that the Council had been presented with several options and knew this was a new
technology, and the majority voted to select this approach because it would deal with the issue in the
most robust method available. Member Bennett noted that 140 people signed a petition requesting to
be heard before this method was selected. Mr. Houle stated the people who came forward last fall
said this was an issue they wanted addressed during the winter months. Because this type of project
cannot be done during the winter months, staff understood it had to be done quickly and they
recommended this technology. Mr. Houle stated this technology was a "tried and true" method, but
they have found the method did not work with 5/8-inch services or saddles. Member Swenson made
a motion, seconded by Member Housh, awarding the change orders, water service
connections for Morningside Neighborhood Watermain Lining Project, City Contract No. ENG
08-5, in the amount of$200,468.
Ayes: Housh, Masica, Swenson, Hovland
Nays: Bennett
Motion carried.
AWARD OF BID — 2008-2009 FIBER OPTIC CABLE INSTALLATION Assistant City Manager
Worthington presented the project to continue installation of fiber optic cable and the low bid from
Castrejon, Inc., which had previously done work in Edina. Ms. Worthington reviewed the bid process
and identified the route that fiber optic cable would be installed to complete the City's fiber
"backbone." It was noted the route most feasible closely aligned with 70th Street, providing a
straighter alignment to streamline connections, and would not interfere with residential or privately
owned property. Ms. Worthington advised the bids came in about $60,000 over budget. Because
part of the project would be completed in 2008 and part in 2009, staff was seeking approval to utilize
$275,000 allocated in the 2008 CIP and part of the $75,000 allocated in 2009. Ms. Worthington
advised of the $21,000 per year cost savings to the City because lines for connectivity would no
longer need to be purchased. In addition, there would be savings for voice-over internet protocol,
since toll lines would not be needed. Ms. Worthington stated additional information about voice-over
internet protocol would be provided to the Council in the future.
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Minutes/Edina City Council/November 3, 2008
The Council discussion included: benefit of running an alarm system over the network (instead of
telephone lines) to connect all facilities to provide a redundant and more reliable system; the ability to
run surveillance cameras over the network; future option to run a cellular telephone network with
additional equipment; the project would build a network allowing future expansion; and, operating
expenses would be saved each year. Ms. Worthington responded to Council's inquiries by explaining
staff believed this was a competitive bid when compared to other bids received, and rebidding would
not result in a cost savings. The Council discussed that this was an ongoing investment in the City's
technology. Ms. Worthington stated the CIP allowed $75,000 per year for network facilities, plus
enterprise funds could be used, (as the system goes on line) to pay the cost of equipment installed in
the building.
Ms. Worthington responded to Council's questions by explaining there was generally very little
maintenance with the current system because it was in buried conduit and considered to be long-
lasting; should there be a cut, it would have to be repaired, but such an event would rare; and,
network maintenance was handled by the City's IT staff. It was noted this project was part of the
City's five-year CIP. Member Swenson made a motion, seconded by Member Bennett, awarding
the bid for 2008-2009 fiber optic cable installation to the recommended low bidder, Castrejon,
Inc., at$333,846.20.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*AWARD OF BID — ADDITION TO MICROSOFT ENTERPRISE AGREEMENT Motion made by
Member Bennett and seconded by Member Swenson awarding the bid for additions to the
Microsoft Enterprise Agreement to the recommended low bidder, Software House
International, at$21,954.45.
Motion carried on rollcall vote—five ayes.
*AWARD OF BID — NETWORK DATA EQUIPMENT Motion made by Member Bennett and
seconded by Member Swenson awarding the bid for network data equipment to the
recommended low bidder, LOGIS at$23,738.90.
Motion carried on rollcall vote —five ayes.
RESOLUTION NO. 2008-110 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
Masica introduced Resolution No. 2008-110 Accepting Various Donations. Member Bennett
seconded the motion.
Rollcall:
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
ORDINANCE NO. 2008-09 ADOPTED ON SECOND READING — AN ORDINANCE AMENDING
THE EDINA CITY CODE CONCERNING REFUSE Assistant City Manager Worthington explained
that legislative changes may require a change in the ordinance language. Member Bennett supported
language corrections to the proposed ordinance to address clerical errors; adding language for source
separated compostable materials; correctly defining refuse, municipal solid waste, compostable
materials, and the containers used for yard waste; and, clarifying the timing change addressed first
reading.
Ms. Dianne Plunkett Latham, 7013 Comanche Court, Energy and Environment Commissioner, agreed
with the need for additional clarification and requested a revision to change the pick-up to every other
week starting December 1, 2008. She stated the ordinance, as given first reading, contained
adequate language to get the program started and suggested the language corrections be referred to
the Commission for study. She noted the current ordinance required weekly pick-up if over 60
gallons. The residents are using 64-gallon containers for source separated compostable materials, so
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if the container was filled, the hauler was out of compliance. Ordinance implementation by December
1 was therefore important.
The Council discussion included: the difficulty of considering language changes without the benefit of
staff and City Attorney review; timing of consideration should the revisions be referred to the Energy
and Environment Commission; and, whether second reading should be acted on as presented with
the understanding that an amendment would be considered once a recommendation was received
from the Commission. City Manager Hughes advised that this ordinance required publication so if
considered on November 18, 2008, it would be effective upon publication on November 27, 2008. It
was noted that the schedule would not allow the Energy and Environment Commission or the
Recycling Solid Waste Committee an opportunity to look at the suggested changes.
The Council indicated a desire to rely on the expertise of the Energy and Environment Commission.
Ms. Plunkett Latham stated she saw no downside in the Council taking action on the ordinance, as
presented, because it allowed the program to get started and be in compliance. Then the changes
could be taken up at subsequent Commission meetings so the Commission would be better able to
understand the changes being recommended, which would not be substantive but allow better
readability of the ordinance for the public. Member Swenson made a motion to granting Second
Reading to Ordinance No. 2008-09, amending the Edina City Code Concerning Storage,
Collection and Disposal of Refuse, and Compostable Materials. Mayor Hovland seconded the
motion.
Rollcall:
Ayes: Bennett, Masica, Swenson, Hovland
Nays: Housh
Motion carried.
Member Bennett stated she voted in support with the qualifier that the language being adopted was
accurate but parts of the existing ordinance were inaccurate and obsolete.
Member Housh stated he voted against the motion because he preferred to consider the ordinance
after the language had been corrected.
RESOLUTION NO. 2008-111 APPROVED TAX FORFEIT PROPERTY City Manager Hughes
advised a single-family property in Edina had gone tax forfeit. The City determined there was no
public purpose, so it was recommended the County be allowed to offer the property for public sale.
The Council discussed that it was a rare occurrence for a single-family home to go tax forfeit and
proceed to public sale. It was noted that the State of Minnesota would conduct the sale and proceeds
would first cover liens by the State, then Hennepin County, and then the City. Member Housh
introduced Resolution No. 2008-111 Tax Forfeit Property. Member Swenson seconded the
motion.
Rollcall:
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*2009 COUNCIL MEETING DATES AND HOLIDAYS APPROVED Motion made by Member
Bennett and seconded by Member Swenson to approve the 2009 Council meeting dates and
holiday schedule, as submitted.
Motion carried on rollcall vote —five ayes.
METRO CITIES LEGISLATIVE POLICIES—VOTING REPRESENTATIVE APPOINTED NOVEMBER
20, 2008 POLICY ADOPTION MEETING Member Masica stated her appreciation for being
designated the voting member to represent Edina, encouraged attendance at this joint meeting
between Metro Cities and the Minnesota League of Cities, and provided a brief overview of the
policies that Metro Cities was and was not supporting. The Council discussed that Edina does not
receive Local Government Aid (LGA); however, Metro Cities supported LGA since many of its
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member cities do receive LGA. The issue of eminent domain was discussed, and the position of
Metro Cities was read, noting it softened that language. Member Masica advised that at a regional
level, Metro Cities had to take a stance for the majority of its member cities. Mayor Hovland made a
motion, seconded by Member Bennett, to appoint Council Member Masica as Edina's voting
representative at the Metro Cities Policy Adoption Meeting.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*HEARING DATE (NOVEMBER 18, 2008) SET—APPEAL ZONING BOARD OF APPEALS DENIAL
OF VARIANCE — SIGNAGE SOUTHDALE MEDICAL CENTER Motion made by Member Bennett
and seconded by Member Swenson to approve setting the hearing date for an appeal of a
denial of a variance by the Zoning Board of Appeals for signage at the Southdale Medical
Building, 6545 France Avenue, for the November 18, 2008, Council meeting.
Motion carried on rollcall vote —five ayes.
HEARING DATES SET: 1. FINAL DEVELOPMENT PLAN AND VARIANCE APPEAL EDINA
REALTY, 3930 49'/2 STREET WEST (DECEMBER 16, 2008); 2. PRELIMINARY AND FINAL PLAT
— GALLERIA SHOPPING CENTER (NOVEMBER 16, 2008) City Manager Hughes explained the
applicant submitted a letter indicating the Edina Realty project, approved at the last meeting, also
required a variance that was to be heard on November 6, 2008. However, due to the applicant's
schedule, the Board of Appeals cannot consider the application until November 20, 2008, so the
applicant had requested the hearing be set for a December meeting date. Member Masica made a
motion, seconded by Member Bennett, to approve setting the hearing date for the final
development plan and variance appeal of Edina Realty, 2920 49% Street West, for the
December 16, 2008, Council meeting.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
Member Swenson made a motion, seconded by Member Bennett, to approve setting the
hearing date for the preliminary and final plat for the Galleria Shopping Center for the
November 18, 2008, Council meeting.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
HEARING DATE (DECEMBER 2. 2008) SET — COMPREHENSIVE PLAN Mayor Hovland advised
that additional work remained on the Comprehensive Plan, so it was recommended the public hearing
be rescheduled. Member Swenson made a motion, seconded by Member Housh, to schedule a
public hearing on the Comprehensive Plan for the December 2, Council meeting.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
REPORT ON CITY MANAGER PERFORMANCE EVALUATION Mayor Hovland reported the
Council held three meetings to review nine categories of general performance for the City Manager.
The Council used a summary performance rating scale and confirmed that Mr. Gordon was ranked in
the "very good" to "outstanding" categories in all areas. It was noted that the City Manager did not
receive a pay increase in 2008. Member Housh made a motion, seconded by Member Swenson,
to adjust the City Manager salary for 2008 by a 3.5% increase, retroactive to January 1, 2008.
Rollcall:
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*FEASIBILITY REPORT RECEIVED AND PUBLIC HEARING SET DECEMBER 2 2008 —
RESOLUTION NO. 2008-114 APPROVECWRANCEWVENUENSIDEWALK Motion made by
Member Bennett and seconded by Member Swenson to adopt Resolution No. 2008-114
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Minutes/Edina City Council/November 3, 2008
receiving the feasibility study and setting December 2, 2008 for the public hearing for France
Avenue Sidewalk, Improvement No. S-101.
Motion carried on rollcall vote —five ayes.
FEASIBILITY REPORT RECEIVED — SOUND WALL — T.H. 62 AND MILLERS LANE
Engineer/Public Works Director Houle presented the survey and petition results and indicated that
given the response and requirement to prove direct benefit in order to specially assess a project's
cost, staff recommended the project not move forward. The Council noted there was some resident
confusion that MnDOT would build the sound wall for them. It was clarified that MnDOT had offered
to do project design and administration, which does not mean they would construct the sound wall.
The Council discussed MnDOT's system to rate highways without sound walls and that MnDOT was
doing fewer projects each year. Mr. Houle advised that MnDOT only goes by their sound wall report,
not by petition, so a new sound wall would only be considered if new funding was introduced at the
State level or a roadway was expanded and met MnDOT's criteria. The Council noted the high rate of
return on the survey, indicating 70% of the survey respondents were opposed to this project.
Member Masica made a motion, seconded by Member Swenson, to receive feasibility report,
Sound Wall T.H. 62 between Ryan Avenue and Millers Lane (north side) Improvement No. SA-
18, indicating the project was not feasible and to not order a public hearing.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
FEASIBILITY REPORT RECEIVED — SOUND WALL — 50TH STREET AND MINNEHAHA CREEK
Engineer/Public Works Director Houle presented the survey and petition results and indicated that
given the response and requirement to prove direct benefit in order to specially assess a project's
cost, staff recommended the project not move forward. He advised that residents were invited to
submit comments, which were included in the meeting packet. Member Swenson made a motion,
seconded by Member Housh, to receive feasibility report, Sound Wall, 50th Street and
Minnehaha Creek (west side) Improvement No. SA-17, indicating the project was not feasible
and to not order a public hearing.
Ayes: Bennett, Housh, Masica, Swenson, Hovland
Motion carried.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Bennett and seconded by
Member Swenson approving payment of the following claims as shown in detail on the Check
Register dated October 23, 2008, and consisting of 24 pages; General Fund $334,265.22;
Communications Fund $6,284.18; Working Capital Fund $3,547.81; Art Center Fund $2,773.35;
Aquatic Center Fund $1,810.15; Golf Course Fund $10,117.02; Ice Arena Fund $4,745.20;
Edinborough/Centennial Lakes Fund $10,545.18; Liquor Fund $187,360.39; Utility Fund
$99,691.14; Storm Sewer Fund $192.45; PSTF Agency Fund $1,678.90; TOTAL $663,010.99 and
for approval of payment of claims dated October 30, 2008, and consisting of 36 pages: General
Fund $136,891.05; Communications Fund $5,854.70; Working Capital Fund $1,927,922.02;
Construction Fund $38,285.87; Art Center Fund $23,294.02; Golf Dome Fund $130.74; Aquatic
Center Fund $3,703.53; Golf Course Fund $10,483.23; Ice Arena Fund $774.26;
Edinborough/Centennial Lakes Fund $22,004.47; Liquor Fund $188,146.47; Utility Fund
$1,711.891.07; Storm Sewer$379,358.83; PSTF Agency Fund $8,190.68; TOTAL $4,456,931.02.
Motion carried on rollcall vote —five ayes.
There being no further business on the Council Agenda, Mayor Hovland declared the meeting
adjourned at 9:47 p.m.
Respectfully submitted,
Debra A. Manben, ity Clerk
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