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Home My WebLink About2009-11-02 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 2, 2009 7:20 P.M. ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Bennett and seconded by Member Housh approving the Council Consent Agenda. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *MINUTES APPROVED — REGULAR MEETING OF OCTOBER 20, 2009, AND WORK SESSION OF OCTOBER 24, 2009 Motion made by Member Brindle and seconded by Member Housh approving the minutes of the Regular Meeting of October 20, 2009, and Work Session of October 24, 2009. Motion carried on rollcall vote —five ayes. PUBLIC HEARING AND AMENDMENT TO OVERALL DEVELOPMENT PLAN AND FINAL SITE PLAN LITTLE SZECH UAISWESTAU RANT, 4820 WEST 77 TH STREET POSTPONED Planning Director Teague reported that Wayzata Properties, the applicant, had waived the 60/120 day rule and requested a postponement due to issues with its tenant. Member Housh made a motion, seconded by Member Swenson, to table indefinitely consideration of an overall development plan and final site plan for Little Szechuan Restaurant at 4820 West 77th Street. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. PUBLIC HEARING HELD — ORDINANCE NO. 2009-12 GRANTED FIRST READING — AMENDING SECTION 850 TO REQUIRE A CONDITIONAL USE PERMIT FOR ACCESSORY BUILDINGS OVER 1,000 SQUARE FEET Affidavits of Notice presented and ordered placed on file. Planning Director Presentation Mr. Teague presented the Planning Commission's recommendation to revise the zoning ordinance to require a conditional use permit (CUP) for all accessory buildings totaling 1,000 square feet or larger in the R-1 Zoning District. He described scenarios under which a CUP would be required and explained the recommended conditions. The Council discussed how the height limitation would be measured and whether the 75-foot setback was adequate given the potential for Industrial-type use. Mr. Teague answered questions of the Council and advised the amendment under consideration would apply going forward. He noted that under individual CUP review, the Council could increase the setback to 100 feet, if deemed appropriate. Mayor Hovland opened the public hearing at 7:32 p.m. Public Testimony Stephen Tinkham, 417 Kresse Circle, addressed the Council. Mary McDonald, 6216 Belmore Lane, addressed the Council. Member Brindle made a motion, seconded by Member Housh, to close the public hearing. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Page 1 Minutes/Edina City Council/November 2. 2009 Motion carried. The Council and staff addressed questions raised during public testimony. Attorney Knutson advised that with a CUP consideration, additional conditions beyond minimal standards could be imposed if factually based and needed to minimize impact. Member Housh made a motion, seconded by Member Brindle, to grant First Reading of Ordinance No. 2009-12, amending the City Code concerning regulation of accessory buildings in the R-1, single-dwelling unit district. During its discussion, the Council requested several revisions to the draft ordinance and rationale used to establish the 75-foot setback and to be provided examples of existing setbacks. Ayes:-Brindle, Housh, Swenson, Hovland Nay: Bennett Motion carried. PUBLIC HEARING ON ORDINANCE 2009-13 — AMENDING SECTION 850 TO ALLOW AUTOMOTIVE REPAIR AS AN ACCESSORY USE IN TH NDUSTRIAL DISTRICT — APPLICATION WITHDRAWN No action necessary. *AWARD OF BID — BRAEMAR ARENA 2010 IMPROVEMENTS Motion made by Member Brindle and seconded by Member Housh awarding the bid for Braemar Arena 2010 improvements to the recommended low bidder, Cool Air Mechanical at $2,180,540.00. Motion carried on rollcall vote —five ayes. *AWARD OF BID — ELECTRONIC SECURITY MONITORING SYSTEM — EDINBOROUGH PARK Motion made by Member Brindle and seconded by Member Housh awarding the bid for electronic security monitoring system to the recommended low bidder, Management Information Solutions at$14,083.00 plus sales tax. Motion carried on rollcall vote—five ayes. *AWARD OF BID — EDINA PUBLIC WORKS BUILDING: ACCORDION FOLDING DOORS Motion by Member Brindle and seconded by Member Housh awarding the bid for Edina Public Works Building: according folding doors Improvement No. PWA to the recommended low bidder, Hufcor at$23,691.00. Motion carried on rollcall vote —five ayes. PLANNING COMMISSION'S WORK PLAN UPDATING ZONING ORDINANCE PRESENTED Michael Fischer, Planning Commission Chair, addressed the Council regarding phase one, creation of the work plan updating the zoning ordinance. He described the highlights of public input meetings, issues of concern raised, and recommended content changes. The Council discussed the public input process with Mr. Fischer and extended appreciation to the Planning Commission for its extraordinary work. ORDINANCE NO. 2009-14 ADOPTED — AMENDING SUBSECTION 1105.02 REGARDING IRRIGATION BANS Mr. Hughes presented the request of the School District for a Code amendment to extend the same irrigation standards to the School District as the City. The Council discussed the water usage rate paid by the School District, noting it was the same as commercial properties. Member Swenson made a motion, seconded by Member Brindle, to grant First Reading and waive Second Reading adopting Ordinance No. 2009-14, amending the Edina City Code Section 1105.2 concerning irrigation bans. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Page 2 Minutes/Edina City Council/November 2, 2009 OFF-SALE 3.2 BEER LICENSE APPROVED — EDINA MARKET & DELI, 7102 AMUNDSON AVENUE Mr. Hughes advised this license was necessitated by a change in ownership and staff recommended approval. It was noted that all license holders in Edina were subject to license inspections and compliance checks. Member Housh made a motion, seconded by Member Bennett, approving the off-sale 3.2 beer license for Edina Market and Deli located at 7102 Amundson Avenue for the period beginning November 3, 2009, and ending March 31, 2010. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. RESOLUTION NO. 2009-95 ADOPTED 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 and moved adoption of Resolution No. 2009-95 accepting various donations. Member Swenson seconded the motion. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Mayor Hovland asked if the Council would consider allowing public testimony with respect to certification of interest rates in the Highland area. The Council indicated that was not necessary since a comprehensive letter had been received from the resident who was in attendance. RESOLUTION NO. 2009-91 RECONSIDERED AND ADOPTED — LOWERING CERTIFICATION INTEREST RATE FOR CERTAIN SPECIAL ASSESSMENTS Mr. Hughes advised of staff's analysis of the interest rate to be charged on assessments certified for collection in 2010. He stated the public hearing notice indicated an interest rate of 5.9%, which was based upon the 2007 bond issue rate used to finance the Highland project and other projects. Staff then looked at the second part of the policy referring to the ten-year AAA bond rate and consulted with Ehlers & Associates about that benchmark. Ehlers advised the benchmark typically used was municipal market data, published on a daily basis, averaged to establish a composite benchmark. Since no assessment bonds were issued during the previous twelve months, staff recommended basing the interest rate on the ten-year AAA bond rate plus two percent. Mr. Hughes explained that after calculating the average of the AAA market data rate from September 15 back 12 months, the resulting benchmark average was 2.68%. Staff recommended a reduced certification interest rate of 4.68%, the benchmark average plus two percent. The Council discussed the need to reword the policy. Mr. Hughes recommended if the AAA ten- year benchmark was used, that more exact language should describe that analysis. He advised that prior to the 2005 policy, staff would recommend a rate in July of each year for special assessments levied that fall. Mark Ruff, Ehlers & Associates, described how their client cities calculate certification interest rates for special assessment projects, noting residents had the opportunity to prepay the assessment and finance it themselves if they could find a lower rate. The Council indicated support for reconsideration and the method recommended by Ehlers & Associates to use the municipal market data to calculate an average benchmark, since the interest rate set at the last meeting did not conform to the 2005 policy. Member Swenson made a motion, seconded by Member Bennett, to reconsider. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Member Swenson introduced and moved adoption of Amended Resolution No. 2009-91, levying special assessments. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Page 3 Minutes/Edina City Council/November 2, 2009 Motion carried. *DEPARTMENT OF ENERGY, ENERGY ENVIRONEMENIWOMMUNITIM3LOC4 GRANT $220,000 GRANT ACCEPTED Motion made by Member Brindle and seconded by Member Housh accepting the $220,000 Department of Energy, Energy Environment Community Block Grant. Motion carried on rollcall vote—five ayes. RECEIVED ENERGY & ENVIRONMENT COMMISSION OUT OF STATE TRAVEL RECOMMENDATION Surya lyer, Energy & Environment Commission Chair, presented the logic and financial justification used in its split vote recommendation to allocate up to $1,000 to support Commissioner Paul Thompson's attendance at the Copenhagen U.N. Climate Conference. He stated the three votes against this recommendation were because of questions whether there would be a return on this investment. The City Council discussed the Energy & Environment Commission's budget. Mr. Hughes advised that staff does not travel out of state except to conferences where committed to a leadership role or part of the conference program. Following discussion, Council consensus was reached that while it supported the intention, it did not support this expenditure due to the City's tight budget and current travel policy. APPOINTMENT TO COMMUNITY HEALTH COMMITTEE TABLED Mayor Hovland explained that he had not yet had the opportunity to speak with the appointee. Member Hovland made a motion, seconded by Member Swenson, to table consideration of the appointment to the Community Health Committee to the November 17, 2009, Council meeting. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. COMMUNITY COMMENT No one appeared to comment. *CONFIRMATION OF CLAIMS PAID Motion made by Member Brindle and seconded by Member Housh approving payment of the following claims as shown in detail on the Check Register dated October 22, 2009, and consisting of 34 pages: General Fund $363,209.55; Communications Fund $5,432.81; Police Special Revenue $8,685.67; Working Capital Fund $72,852.43; Construction Fund $2,957.11; Art Center Fund $7,452.06; Golf Dome Fund $961.68; Aquatic Center Fund $566.20; Golf Course Fund $16,468.13; Ice Arena Fund $7,573.33; Edinborough/Centennial Lakes Fund $15,440.16; Liquor Fund $185,825.91; Utility Fund $100,039.02; Storm Sewer Fund $12,540.23; PSTF Agency Fund $3,887.37; TOTAL $803,891.66 and for approval of payment of claims dated October 29, 2009, and consisting of 30 pages: General Fund $126,704.41; CDBG Funds $7,494.00; Communications Fund $8,800.57; Police Special Revenue $21,541.99; Working Capital Fund $1,265,227.68; Construction Fund $104,411.56; Art Center Fund $17,957.71; Golf Dome Fund $1,616.55; Aquatic Center Fund $103.88; Golf Course Fund $11,026.71; Ice Arena Fund $2,532.82; Edinborough/Centennial Lakes Fund $9,058.41; Liquor Fund $131,992.65; Utility Fund $209,110.48; Storm Sewer Fund $244,094.81; Recycling Fund $32.33; PSTF Agency Fund $24,779.99; TOTAL $2,186,486.55. Motion carried on rollcall vote —five ayes. RESOLUTION NO. 2009-93 ADOPTED — BOND SALE: $2,440,000 G.O. RECREATIONAL FACILITY BONDS, SERIES 2009C Mr. Ruff presented an analysis of Series 2009C, $2,440,000 general obligation recreational facility bonds, which received AAA rating from Moody's and Standard and Poors. He advised that seven bids were received and the winning bid was from UBS Financial Services of New York at an interest rate of 3.7086%. Member Brindle introduced and moved adoption of Resolution No. 2009-93, authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $2,440,000 general obligation recreational facility bonds, series 2009C. Member Swenson seconded the motion. Page 4 Minutes/Edina City Council/November 2, 2009 Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. RESOLUTION NO. 2009-94 ADOPTED — AUTHORIZING EXECUTION OF A GROUND LEASE & LEASE AGREEMENT — PUBLIC WORKS FACILITY Mr. Hughes explained that because it involved HRA revenue bonds, a ground lease and lease agreement were needed. In this case, the leasehold area was identified as the office area in the new Public Works building. Member Bennett introduced and moved adoption of Resolution No. 2009-94, authorizing the execution of a ground lease and lease agreement providing for the construction of a Public Works Facility and the lease thereof by the City, and approving the form of a resolution and an official statement. Member Housh seconded the motion. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *RECEIVED PETITION FROM RESIDENT REQUESTING CHANGES TO MTC BUS ROUTE #6 Motion made by Member Brindle and seconded by Member Housh receiving the petition. Motion carried on rollcall vote —five ayes. Mr. Hughes informed the Council that the main decision maker on bus routes, the Metropolitan Transit Commission, along with Metropolitan Council District Five Member Bowles was attempting to set up a meeting with a couple of the residents. He said an Edina staff member would be included in the meeting. Mr. Hughes said following the meeting, the outcome would be reported to the Edina Transportation Commission for review and possible consideration by the City Council. The Council asked that the petition circulator be advised of the meetings. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 9:23 p.m. Respectfully submitted, Heather Worthington, s t.l City Manager Vy Minutes approved by Edina City Council, November 17, 2009. u James B. Hovland, Mayor Video Copy of the November 2, 2009, meeting available. Page 5