HomeMy WebLinkAbout2009-04-07 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
APRIL 7, 2009
7:00 P.M.
ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor
Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Brindle and seconded by
Member Bennett approving the Council Consent Agenda with the exception of Item V.F.,
Resolution No. 2009-37 setting hearing date for St. John's Park Neighborhood Street
Reconstruction Improvement Project.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
*MINUTES - REGULAR MEETING OF MARCH 17, 2009 APPROVED Motion made by Member
Brindle and seconded by Member Bennett approving the minutes of the Regular Meeting of
March 17, 2009.
Motion carried on rollcall vote —five ayes.
PUBLIC HEARING HELD ON SEWER BACKUP INSURANCE — RESOLUTION NO. 2009-42
APPROVED Affidavits of Notice presented and ordered placed on file.
Manager Hughes advised that Council scheduled a public hearing tonight related to the February
19, 2009, watermain fracture on Wooddale Avenue that surcharged the sanitary sewer and to
consider sewer backup insurance program. Staff contacted Christopher Gross Consulting to
prepare a general feasibility report on the viability of a long-term sewer backup insurance program
modeled after the League of Minnesota Cities policy. That analysis indicated such a program likely
would be feasible, and the annual cost would be $100,000 per year, which could be funded by an
upcharge of $6.50 per utility customer. To start the program, an initial pool would be created by a
$75,000 infusion from the City plus a charge of$13 per utility billing. Outstanding claims as of April
7, 2009, would have to be accommodated from a different source of money.
The Council asked questions of Mr. Hughes and discussed the feasibility of such a program.
Mayor Hovland opened the public hearing at 7:11 p.m.
Public Testimony
Meg Newell, 6008 Wooddale Avenue, addressed the Council on behalf of several of her neighbors
including Carl Shannon of 5945 Kellogg Avenue, Jan Rife of 6004 Wooddale, and Laura Ericksen
of 6037 Wooddale.
James Quinn, 6020 Wooddale Avenue, addressed the Council.
Heather Nelson, 6025 Wooddale Avenue, addressed the Council.
Member Swenson made a motion, seconded by Member Housh, to close the public hearing.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
The Council asked questions of Attorney Knutson and Mr. Hughes and discussed the feasibility of
creating a program for water and/or sewer backup insurance.
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Minutes/Edina City Council/April 7, 2009
Member Brindle made a motion, seconded by Member Bennett, to direct staff to examine in
greater detail the establishment of a self-insurance program as per page seven of the
consultant's analysis. Included in the coverage would be: Sewer backup structural damage
and cleanup costs caused by an obstruction or malfunction in city sewer system or
swamping of systems due to problems with city water systems. Excluded from coverage:
costs for which the property owner has been reimbursed or is eligible to be reimbursed by
any homeowner's or other property insurance; damage due to obstructions in the service
line on the homeowner's property; cleaning of rugs, furniture, and personal items; damage
caused as a result of natural flooding events such as excessive rainfall or snow melt
swamping sewer systems; or, claims from February 19th water main break.
Ayes: Bennett, Hovland
Nays: Housh, Swenson, Brindle
Motion failed.
The Council discussed the disposition of the Wooddale Avenue event and asked questions of
Engineer/Public Works Director Houle and Mr. Hughes.
Member Bennett introduced Resolution No. 2009-42 Providing for Reimbursement for
Damages to Residences as a Result of Backup of Sanitary Sewer System by a Surcharge
from Water Main Break. Member Swenson seconded the motion for discussion purposes.
Mr. Hughes read Resolution 2002-12 and the Council discussed the motion on the floor. Mr.
Hughes advised of the process that would be followed to process claims.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
PUBLIC COMMENT—COTES POND PETITION ACCEPTED
Bob Mockenhaupt, Long Brake Trail, addressed the Council regarding the poor water quality of
Cotes Pond due to slow stream navigation and high phosphorous loading, and presented a petition
in support of a restoration project.
The Council asked questions of Mr. Mockenhaupt and Mr. Houle.
John Retherford, 7606 Delaney Boulevard, addressed the Council.
Greg Mesna, 5701 Long Brake Trail, addressed the Council.
Fred Green, 5723 Long Brake Trail, addressed the Council.
Ben Steinberg, 5719 Long Brake Trail, addressed the Council.
Alice Kaiser, 7734 Lochmere Terrace, addressed the Council representing neighbors.
Janet Moberg, 5727 Long Brake Trail, addressed the Council.
Member Swenson made a motion, seconded by Member Housh, to accept the petition and
refer the matter to the Engineering Department for report by the first meeting in June, 2009.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
The Council agreed with the request of Mayor Hovland to next consider Item V.A., Nine Mile Creek
Regional Trail Presentation.
NINE MILE CREEK REGIONAL TRAIL— UPDATE INFORMATION PRESENTATION RECEIVED
Jonathan Vlaming, Planning Manager for Three Rivers Park District, described the trail history,
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Minutes/Edina City Council/April 7, 2009
past Council action to accept the trail corridor, trail projects within Edina and neighboring
communities, and Edina planning methods. Mr. Vlaming reported the input gathered from the open
houses. Over 250 people attended the March open house, providing 412 individual written
comments, of which 42% supported the proposed trail and 10% opposed it. Of the 96 formal
comment cards completed at the open house (approximately one per household), 51% supported
the proposed trail and 18% opposed it. He advised of the upcoming environmental assessment for
each segment and five choices open for the Council's determination.
Mayor Hovland was excused from the meeting at 9:00 p.m. Mayor Pro Tern Housh chaired the
remainder of the meeting.
John Borg, 6612 Limerick Drive, addressed the Council on behalf of the Nine Mile Creek Preserve
and Nine Mile Task Force. Mr. Borg expressed concern with environmental impacts and spending
priorities.
Kurt King, 6800 Brook Drive, addressed the Council.
Laurie Chapman, 6420 Aspen Road, addressed the Council.
James Moe, 6519 Creek Drive, addressed the Council.
Jerry Noyce, 6532 Creek Drive, addressed the Council.
Peter McCarthy, 6801 Brook Drive, addressed the Council.
AWARD OF BID — RECYCLING CONTRACT Recycling Coordinator Wilmot described the
curbside two-stream recycling program and advised of the activities of the Solid Waste Work Group
and Ad Hoc Committee to review the request for proposals. Ms. Wilmot presented the Committee's
recommendation to award the recycling contract to Allied Waste, the low bidder. She thanked all
who served on the Solid Waste Work Group and Ad Hoc Committee as well as the haulers who
allowed tours of their facilities and RFP submittals.
Dan Krivit, Foth Infrastructure and Environment LLC, commended Edina for its comparison process
and provided a summary of the economic analysis and three-year net contract cost.
The Council asked questions of Mr. Krivit and Ms. Wilmot about the analysis and contract
requirements.
Member Bennett made a motion, seconded by Member Swenson, awarding the bid for
residential recycling collection services to the recommended low bidder, Allied Waste at
$1,390,000.
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
*AWARD OF BID — PREPARE AND PAINT WATERSLIDE STRUCTURE — EDINA AQUATIC
CENTER Motion made by Member Brindle and seconded by Member Bennett awarding the
bid for preparation and painting waterslide structure, Edina Aquatic Center, to the
recommended low bidder, American Sandblasting, Inc. at$29,500.00.
Motion carried on rollcall vote—five ayes.
*AWARD OF BID — ICE RESURFACING MACHINE — BRAEMAR ARENA Motion made by
Member Brindle and seconded by Member Bennett awarding the bid for ice resurfacing
machine, Braemar Arena, to the recommended low bidder, Zamboni Company at
$109,186.75 plus sales tax.
Motion carried on rollcall vote —five ayes.
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Minutes/Edina City Council/April 7, 2009
*AWARD OF BID - COMMODITIES PURCHASE - SAND, ROCK, BITUMINOUS MATERIALS,
CONCRETE AND ENGINE OIL, AND WATER TREATMENT CHEMICALS Motion made by
Member Brindle and seconded by Member Bennett awarding the bid for April 1, 2009 to
March 31, 2010 commodities of sand, rock, bituminous materials, concrete, engine oil and
water treatment chemicals to the recommended low bidders as follows: Coarse Washed
Sand Delivered to SA-AG at $7.00 per ton; C1.2 Limestone Delivered to Bryan Rock at$14.37
per ton; FA-2 Seal Coat Chips Delivered to Kramer Mining & Materials at $27.40 per ton or
to alternate bidder Dresser Trap Rock Inc. at $38.10 per ton; *Asphalt 2350 Base Type 31 or
32 Delivered to Midwest Asphalt at $55.25 per ton; or to alternate bidder Bituminous
Roadways at $56.00 per ton; *Asphalt 2350 Base Type 31 or 32 Picked Up at Plant to CS
McCrossen at $39.00 per ton or to alternate bidder Bituminous Roadways at $47.50 per ton;
*Asphalt 2350 Base Type 41 or 42 Delivered to Midwest Asphalt at $59.25 per ton or to
alternate bidder Bituminous Roadways at $58.00 per ton; *Asphalt 2350 Base Type 41 or 42
Picked Up At Plant to CS McCrossen at $45.00 per ton or to alternate bidder Bituminous
Roadways at$49.75 per ton; *Asphalt 2350 Wear Type 41 or 42 Delivered to Midwest Asphalt
at $55.25 per ton or to alternate bidder Bituminous Roadways at $56.35 per ton; *Asphalt
2350 Wear Type 41 or 42 Picked Up At Plant to CS McCrossen at $44.00 per ton or to
alternate bidder Bituminous Roadways at $47.85 per ton; *Asphalt 2360 Wear Type 31 or 32
Delivered to Midwest Asphalt at $59.25 per ton or to alternate bidder Bituminous Roadways
at $71.75 per ton; *Asphalt 2360 Wear Type 41 or 42 Picked Up At Plant to CS McCrossen at
$45.00 per ton or to alternate bidder Bituminous Roadways at $55.50 per ton; Concrete 3 +
vards (delivered) to AVR at $118.00 per CY; Emulsified Asphalt CRS2 Picked Up At Plant to
Flint Hill Resources at $1.73 per gallon; Emulsified Asphalt CRS2-P Delivered to Flint Hill
Resources at $2.09 per gallon; Emulsified Tack Oil Picked Up At Plant to Flint Hill
Resources at $1.84 per gallon; Crack Joint Sealer #3725 Delivered to Brock White at $.56
per pound; **Hydrofluosilicic Acid to Hawkins, Inc., at $38.57 per CWT; **Liquid Chlorine to
Hawkins, Inc., at $36.00 per CWT; **Water Treatment Chemical (Poly) to Hawkins, Inc., at
$6.83 per gallon; Tonkazorb 3% to Hawkins Inc., at $7.25 per gallon; Caustic Soda to DPC
Industries at$33.99 per CWT; Manhole Covers - Complete Casting to Ess Brothers & Sons,
Inc., at $964.00 each; Red Ball Aggregate to Bryan Rock at $18.45 per ton; Lannon Stone
Wall Repair to Blackstone Contractors at $24.00 per square foot. (*These items are awarded
on basis of total cost per ton including trucking and labor, and past year's performance.
**These items are awarded together as a tied bid.)
Motion carried on rollcall vote -five ayes.
ORDINANCE NO. 2009-2 ADOPTED - AMENDING SECTION 140 HUMAN RIGHTS AND
RELATIONS COMMISSION Mr. Hughes stated the Council requested amendments had been
made to the proposed ordinance since first reading was granted. The Council discussed the
membership size and determined to have nine instead of seven and struck language related to the
commission appointing an ex-officio student to maintain consistency. Member Swenson made a
motion, seconded by Member Bennett, to waive Second Reading adopting Ordinance No.
2009-2, Amending the City Code Concerning the Human Rights and Relations Commission
as amended to have nine members and strike wording on Page 2, Section 140.04
Membership, indicating, "The Commission may appoint an ex-officio youth member to the
Commission to participate in all discussions."
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
TOWN HALL MEETING SCHEDULED The Council discussed available dates and format for the
next Town Hall meeting. Member Bennett made a motion, seconded by Member Brindle, to
schedule the Town Hall meeting for Tuesday, July 28, 2009, from 7:00 p.m. to 8:30 p.m. at a
location to be researched by Mr. Hughes.
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
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Minutes/Edina City Council/April 7, 2009
ENERGY & ENVIRONMENT COMMISSION MEMBERS APPOINTED Mayor Pro Tern Housh
presented the recommendation of Mayor Hovland for appointments to the Energy & Environment
Commission. Member Swenson made a motion, seconded by Member Brindle, to endorse
Mayor Hovland's appointments of Michael Platterer, Steve Christianson, and Jeannie
Hanson to the Energy & Environment Commission with terms to expire February 1, 2012.
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
RESOLUTION NO. 2009-36 APPROVED ACCEPTING VARIOUS DONATIONS Mayor Pro Tern
Housh 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 Swenson introduced Resolution No. 2009-36 accepting various
donations. Member Bennett seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
RESOLUTION NO. 2009-37 APPROVED SETTING MAY 5, 2009, HEARING DATE FOR ST.
JOHN'S PARK NEIGHBORHOOD STREET RECONSTRUCTION IMPROVEMENT PROJECT
The Council discussed the importance of having a full Council present when the street
reconstruction projects are considered. Member Swenson introduced Resolution No. 2009-37
Set Public Hearing of May 5, 2009 and Receive Feasibility Study for St. Johns Park
Neighborhood Street Reconstruction Improvement No. BA-357. Member Bennett seconded
the motion.
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
ORDINANCE NO. 2009-06 GRANTED FIRST READING — AMENDING SECTION 460 SIGN
ORDINANCE REGARDING SIGNS IN THENREGIONAL MEDICAL AND PLANNED OFFICE
DISTRICT Planner Teague advised of staff's research on way-finding signage for Regional Medical
and Office districts and presented the proposed ordinance amendments to increase allowable
address signage and allow both free standing and wall signage. Additional tenant signage was not
recommended for multi-use buildings. Mr. Teague reviewed the signage variances that had been
approved in the past and recommended granting First Reading.
The Council asked questions of Mr. Teague and asked staff to provide visual samples prior to
consideration of Second Reading.
Member Swenson made a motion to grant First Reading of Ordinance No. 2009-06 amending
the City Code concerning signs. Member Bennett seconded the motion
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
*RESOLUTION NO. 2009-38 APPROVED "NO PARKING" NORMANDALE ROAD & BENTON
AVENUE Motion made by Member Brindle and seconded by Member Bennett to adopt
Resolution No. 2009-38 Relating to Parking Restrictions on S.A.P. No. 120-010-011,
Normandale Road and S.A.P. No. 120-146-05, Benton Avenue.
Motion carried on rollcall vote—five ayes.
*RESOLUTION NO. 2009-39 APPROVED MNDOT LIMITED USE PERMIT FOR WEST
FRONTAGE ROAD PATHWAY AT BENTON AVENUE Motion made by Member Brindle and
seconded by Member Bennett to adopt Resolution No. 2009-39, City of Edina Limited Use
Permit with the State of Minnesota Department of Transportation for a Pedestrian Trail in
the Right-of-Way of TH 100 At Benton Avenue, S.A.P. Nos. 120-010-011 and 120-146-005.
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Minutes/Edina City Council/April 7, 2009
Motion carried on rollcall vote —five ayes.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Brindle and seconded by
Member Bennett approving payment of the following claims as shown in detail on the Check
Register dated March 19, 2009, and consisting of 33 pages: General Fund $402,680.36;
Communications Fund $8,616.21; Working Capital Fund $18,922.71; Art Center Fund
$3,123.40; Golf Dome Fund $28,513.43; Aquatic Center Fund $847.93; Golf Course Fund
$30,036.36; Ice Arena Fund $34,434.41; Edinborough/Centennial Lakes Fund $11,315.58;
Liquor Fund $261,199.45; Utility Fund $49,389.90; Storm Sewer Fund $32,033.05; PSTF
Agency Fund $317.40; TOTAL $881,430.19 and for approval of payment of claims dated
March 26, 2009, and consisting of 29 pages: General Fund $129,981.67; Communications
Fund $1,744.24; Working Capital Fund $36,953.91; Art Center Fund $3,886.13; Golf Dome
Fund $549.59; Aquatic Center Fund $3,411.51; Golf Course Fund $53,441.01; Ice Arena Fund
$1,445.02; Edinborough/Centennial Lakes Fund $14,526.29; Liquor Fund $139,536.24; Utility
Fund $48,499.02; Storm Sewer Fund $9,900.00; Recycling Fund $37,077.90; PSTF Agency
Fund $23,164.01; TOTAL $504,116.54 and for approval of payment of claims dated April 2,
2009, and consisting of 30 pages: General Fund $71,913.73; Communications Fund
$22,693.08; Working Capital Fund $113,561.13; Art Center Fund $25,142.55; Golf Dome Fund
$867.75; Aquatic Center .Fund $1,855.19; Golf Course Fund $49,626.27; Ice Arena Fund
$24,418.33; Edinborough/Centennial Lakes Fund $33,403.47; Liquor Fund $126,383.58;
Utility Fund $21,046.60; PSTF Agency Fund $4,185.44; TOTAL $495,097.12 and Credit Card
Transactions dated January 26, 2009 to February 25, 2009; TOTAL $6,385.31.
Motion carried on rollcall vote -five ayes.
AMENDMENT TO CONAGRA PURCHASE AGREEMENT APPROVED Mr. Hughes explained the
amendments to the Purchase Agreement to reduce the purchase price from $8 million to $7.6
million, extending the finance contingency through April 8, 2009, to acknowledge receipt of the
PCA No-Action letter and that no further investigation was required. It also indicated a closing date
on the transaction of May 7, 2009.
The Council asked questions of Mr. Hughes and acknowledged staff's vision of the City's future.
Member Swenson made a motion, seconded by Member Bennett, to approve the second
amendment to the ConAgra Purchase Agreement.
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
BOND SALE APPROVED RESOLUTION NO. 2009-40 SERIES 2009A $14,000,000 G.O.
BONDS APPROVED AND RESOLUTION NO. 2009-41 SERIES 2009B $2,240,000 G.O. BONDS
APPROVED Mark Ruff, Ehlers & Associates, explained the process involved with the sale of
bonds. He presented the eight favorable bids that were received for Series 2009A and
recommended the Council approve the draft resolution awarding the sale to RBC Capital Markets
at a true interest cost of 3.7867%. Mr. Ruff then presented the eight favorable bids received for
Series 20098, noting the issue size was reduced to $2,240,000, and recommended the Council
approve the draft resolution awarding the sale to Cronin & Company, Inc. at a true interest cost of
1.7929%.
Member Swenson introduced Resolution No. 2009-40 Authorizing Issuance, Awarding Sale,
Prescribing the Form and Details and Providing for the Payment of $14,000,000 General
Obligation Capital Improvement Bonds, Series 2009A. Member Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
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Minutes/Edina City Council/April 7, 2009
Member Swenson introduced Resolution No. 2009-41 Authorizing Issuance, Awarding Sale,
Prescribing the Form and Details and Providing for the Payment of $2,240,000 General
Obligation Bonds, Series 2009B. Member Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson
Motion carried.
STAFF DIRECTED TO STUDY FEASIBILITY OF STOP SIGNS The Council directed staff to study
the feasibility of stop signs on the west side of the Benton Avenue bridge to provide for increased
safety.
There being no further business on the Council Agenda, Acting Mayor Housh declared the meeting
adjourned at 10:25 p.m.
Respectfully submitted,
ra,A. Mangen, Co Clerk
Minutes approved by Edina City Council, April 21, 2009.
'James C. Hovland, Mayor
Video Copy of the April 7, 2009, meeting available.
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