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Home My WebLink About2006-12-05 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 5, 2006 7:00 P.M. ROLLCALL Answering rollcall were Members Hulbert, Masica, Swenson and Mayor Hovland. Member Housh was absent CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by Member Hulbert approving the Council Consent Agenda as presented. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. ROGER GLANZER PRESENTED WITH MINNESOTA PUBLIC WORKS ASSOCIATION SUPERINTENDENT OF THE YEAR AWARD Public Works Director Houle stated Edina Utility Superintendent, Roger Glanzer had been awarded the Minnesota Public Works Association Superintendent of the Year Award. Mr. Houle noted the international organization was dedicated to providing high quality goods and services in municipalities. Dave Hutton, from the Minnesota Public Works Association Awards Committee presented Mr. Glanzer with the Superintendent of the Year Award. MINUTES OF THE REGULAR MEETING OF NOVEMBER 6 2006 NOVEMBER 21 2006 SPECIAL ELECTION CANVASS OF NOVEMBER 8 2006 AND WORK SESSION OF NOVEMBER 21, 2006, APPROVED Member Hulbert made a motion approving the Minutes of the Regular Meeting of November 6, 2006, November 21, 2006, Special Election Canvass of November 8, 2006, and Work Session of November 21, 2006. Member Swenson seconded the motion. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. *PUBLIC HEARING FOR VACATION OF SCENIC AND OPEN SPACE EASEMENT FOR 7140 MARK TERRACE DRIVE CONTINUED TO DECEMBER 19, 2006 Motion made by Member Masica and seconded by Member Hulbert approving the continuation of the public hearing for vacation of scenic and open space easement for 7140 Mark Terrace Drive until December 19, 2006. Motion carried on rollcall vote - four ayes. *HEARING DATE SET OF DECEMBER 19 2006 FOR PLANNING MATTERS Motion made by Member Masica and seconded by Member Hulbert setting December 19, 2006, as hearing date for planning matters: 1. Appeal of Edina Zoning Board Decision for TCF National Bank - 3330 West 66th Street; and Page 1 Minutes/Edina City Council/December 5,2006 2. Preliminary Plat - The Senior Addition Case No. S-06-8 for Norm Bjornnes - 5901 France Avenue,4 lot Subdivision Motion carried on rollcall vote - four ayes. CONCERN OF RESIDENTS Kitty O'Dea, 4610 Bruce Avenue, stated a home at 4608 Bruce was being built but the builder had not planned for a retaining wall until after construction began. Ms. O'Dea presented a petition requesting 1) a public hearing be held on the use of steel/metal retaining walls in residential areas; 2) staff and the Heritage Preservation Board develop rules/codes/ordinances to govern what materials would be acceptable and, 3) requiring detailed grade surveys to determine the need for retaining walls before issuing a permit and starting construction. No formal Council action was taken. ORDINANCE NO. 2006-06 ADOPTED - AN ORDINANCE AMENDING THE CITY CODE TO PERMIT CERTAIN ABOVE GROUND SWIMMING POOLS Manager Hughes said the Council had at their meeting October 17, 2006, granted first reading to an ordinance amendment that would allow residents to erect temporary above-ground swimming pools from April 15 to October 15 of each year. Mr. Hughes explained that beginning in April 2007; above-ground swimming pools would be allowed but would be limited to a maximum of four feet in depth with a water surface area of no more than 25 feet. He added pools would need to comply with water standard requirements and must be located in rear yards. No permit will be necessary to install a temporary above-ground pool. Member Masica made a motion adopting Ordinance No. 2006-06, Amending the City Code to Permit Certain Above Ground Swimming Pools. Member Hulbert seconded by motion. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. ORDINANCE NO. 2006-10 ADOPTED - AN ORDINANCE AMENDING SECTION 900 OF THE CITY CODE EXPANDING HOURS OF SUNDAY INTOXICATING LIQUOR SALES Mr. Hughes stated the Council had granted first reading November 21, 2006, to an ordinance amendment allowing the sale of intoxicating liquor to begin at 10:00 a.m. instead of 12:00 noon at the request of an Edina license holder. He added that staff after further research also increased the hours of sale on Sunday from 12:00 midnight to 1:00 a.m. Monday to be more consistent with Minnesota Statute. Member Swenson made a motion to adopt Ordinance No. 2006-10, an Ordinance Amending Section 900 of the City Code Expanding Hours of Sunday Intoxicating Liquor Sales. Member Hulbert seconded the motion. Rollcall: Ayes: Hulbert, Masica,Swenson, Hovland Motion carried. ORDINANCE NO. 2006-11 - AN ORDINANCE AMENDING SECTION 1341 OF THE CITY CODE LIFTING THE NUMBER OF THERAPEUTIC MASSAGE LICENSES Page 2 Minutes/Edina City Council/December 5,2006 ISSUED Mr. Hughes noted that a request had been received requesting an amendment to Section 1341 of the City Code lifting the number of therapeutic massage licenses that were issued in Edina. He stated the Council at its November 21, 2006 meeting had granted first reading to an amendment lifting the limit on the number of business massage licenses. Member Hulbert made a motion to adopt Ordinance No. 2006-11 - An Ordinance Amending Section 1341 of the City Code Lifting the Number of Therapeutic Massage Licenses Issued. Member Swenson seconded the motion. Rollcall: Ayes: Hulbert, Masica,Swenson, Hovland Motion carried. *AWARD OF BID FOR COLD STORGE BUILDING AT BRAEMAR - PUBLIC WORKS Motion made by Member Masica and seconded by Member Hulbert approving the award of bid for a cold storage building at Braemar for Public Works to recommended low bidder Wick Buildings at $33,255.00. Motion carried on rollcall vote - four ayes. UP-DATE PRESENTED ON EDINA DIAL-A-RIDE Mr. Hughes indicated that the Edina Dial-a-Ride program was a contracted service between the City and Senior Community Services. He said the Dial-A-Ride program was being operated with a grant received annually from the Metropolitan Council. Mr. Hughes introduced Ron Bloch from Senior Community Services who updated the Council on the program. Mr. Bloch stated an attempt was being made to begin a volunteer driver program. He also gave an update of the variety of services offered by Senior Community Services. Mr. Bloch said the main purpose of the organization was to help seniors maintain their independence as long as possible. No formal Council action was taken. RESOLUTION NO. 2006-107 ACCEPTING VARIOUS DONATIONS Mayor Hovland explained 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. 2006-107 accepting various donations. Member Masica seconded the motion. Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. *CORRECTION TO 2007 COUNCIL MEETING DATES AND HOLIDAYS APPROVED Motion made by Member Masica and seconded by Member Hulbert approving the correction to the 2007 Council meeting dates and holidays as previously approved on November 21, 2006. Motion carried on rollcall vote -four ayes. *HEARING DATE SET OF JANUARY 16, 2007, REQUEST FOR VACATION OF PUBLIC STREET - APPLE LANE Motion made by Member Masica and seconded by Member Page 3 Minutes/Edina City Council/December 5, 2006 Hulbert setting the hearing date of January 16, 2007, for the Request for Vacation of Public Street- Apple Lane. Motion carried on rollcall vote -four ayes. MUNICIPAL STATE AID STREET SPECIAL ASSESSMENT POLICY PRESENTED Engineer Houle explained Edina had 200 miles of roadways, of which 40 miles were designated as Municipal State Aid (MSA) roadways by the State. He said MSA roadways were typically classified as "collectors" or above, meaning the roadways carry more traffic than local roadways. Funds for the MSA roadways were appropriated by the State's gasoline tax. The State allocated the funds and administers requirements for reconstruction of roadways. Mr. Houle indicated the City received approximately $1.2 million dollars per year for reconstruction of the MSA roadways, which does not cover the entire cost of the necessary improvements. He said the Council in 2005, approved a new special assessment policy covering how improvement were funded to non-MSA roadways and that staff was directed to review the policy of special assessments for benefited property owners of MSA roadways. Mr. Houle said that policy assess 20% of the cost to the benefited properties calculated on a linear foot basis. Mr. Houle presented his recommendation for an updated MSA Special Assessment Policy: • Cost of Municipal State Aid (MSA) Street Curb and Gutter will be financed by either MSA funds or by the Storm Water Utility Fund. • Street Reconstruction Costs (excluding curb and gutter) on MSA streets should be assessed at 30 percent of the cost. • Assessable unit for Municipal State Aid street projects would be based on the residential equivalent unit (REU) per Lot rather than the front footage of the lot. REUs will be prorated to parcels based on trip generation for the land uses relative to the typical single-family residential land use. • Non-single family or other mixed-use developments would be evaluated for each project based on the following factors - trip generation of the site, access to the site, unique trip generation or other special circumstances. • If a corner lot was subject to multiple street reconstruction assessments over a period of years, the total assessable cost should be the equivalent to 1 residential equivalent unit. • Multiple Assessments would be treated differently than areas with one assessment being incurred. • Term of MSA roadway reconstruction assessments will be 10 years. • Special Assessment Interest Rate would be tied to the assessment bonds rate plus 2% • The City will accept both partial pre-payments (25%) and full pre-payments on assessments before going to the County for tax rolls. • Payment Schedule -assessments were calculated on a level principal payment schedule. • The new policy would not be retroactive to projects that have already been assessed and/or where project assessments were pending. Page 4 Minutes/Edina City Council/December 5, 2006 Following a Council discussion, Member Masica made a motion adopting the Municipal State Aid Street Special Assessment Policy with the as presented except the current 20% policy would remain. Member Hulbert seconded the motion. Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. *PUBLIC HEALTH MUTUAL AID AGREEMENT APPROVED Motion made by Member Masica and seconded by Member Hulbert approving the Public Health Mutual Aid Agreement as presented. Motion carried on rollcall vote - four ayes. *RESOLUTION NO. 2006-111 REQUESTING VARIANCE FROM STANDARDS FOR STATE AID OPERATIONS Member Masica introduced Resolution No. 2006-111 Requesting a Variance from Standards for State Aid Operations, seconded by Member Hulbert, and moved its adoption. Motion carried on rollcall vote - four ayes. *CONFIRMATION OF CLAIMS PAID Member Masica made a motion and Member Hulbert seconded the motion approving payment of the following claims as shown in detail on the Check Register dated November 21, 2006, and consisting of 54 pages: General Fund $270,606.41; Communications Fund $1,212.81; Working Capital Fund $34,565.20; Construction Fund $334,726.17; Art Center Fund $1,995.92; Golf Dome Fund $5,595.96; Aquatic Center Fund $38.39; Golf Course Fund $17,845.24; Ice Arena Fund $1,280.05; Edinborough/Centennial Lakes Fund $5,987.70; Liquor Fund $256,855.73; Utility Fund $638,460.24; Storm Sewer Fund $13,283.85; PSTF Agency Fund $35.00; TOTAL $1,582,488.67; and for approval of payment of claims dated November 29, 2006, and consisting of 25 pages: General Fund $345,520.18; CDBG Fund $14,971.51; Communications Fund $21,393.23; Working Capital Fund $88,464.10; Art Center Fund $17,079.32; Golf Dome Fund $10,865.83; Aquatic Center Fund $41.19; Golf Course Fund $8,866.88; Ice Arena Fund $384.40; Edinborough/Centennial Lakes Fund $14,672.54; Liquor Fund $120,018.08; Utility Fund $27,673.22; Recycling Fund $92.30; PSTF Agency Fund $564.75; TOTAL 670,607.53. Motion carried on rollcall vote - four ayes. ORDINANCE NO. 2006-12 ADOPTED AMENDING CODE SECTION 185 - INCREASING CERTAIN FEES Mr. Hughes reviewed the proposed ordinance amendment increasing certain fee. He noted the consideration of the proposed amendment included a public hearing on the 2007 proposed liquor fees which was required under statute. Mr. Hughes said the required 30 day notice had been sent to all liquor licensees. He gave a general overview of the proposed amendment to Code Section 185, focusing on the increases in some liquor license fees. No one appeared for public comment. Member Masica made a motion, seconded by Member Hulbert to close the public hearing. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. Page 5 Minutes/Edina City Council/December 5, 2006 Member Masica made a motion adopting Ordinance No. 2006-12, Amending Code Section 185, increasing Certain Fees including waiver of second reading. Member Hulbert seconded the motion. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. RESOLUTION NO. 2006-110 APPROVED - YEAR 2007 PARK AND RECREATION FEES AND CHARGES Director Keprios indicated fee increases for 2007 for the Park and Recreation Department were minimal with most fees not changing from 2006. He reminded the Council, following a question by Member Swenson, that the Edina Foundation has set up a 'grant in aid' or scholarship fund for financially challenged families. The Park Department has an application for this anonymous help as well as for help with transportation. Member Hulbert made a motion approving Resolution No. 2006-110, Year 2007 Park and Recreation Fees and Charges. Member Swenson seconded the motion. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. RESOLUTION NO. 2006-108 APPROVED - YEAR 2007 AMBULANCE FEES Member Masica introduced Resolution No. 2006-108, Year 2007 Ambulance Fees and moved adoption. Member Hulbert seconded the motion. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. RESOLUTION NO. 2006-109 APPROVED - YEAR 2007 MISCELLANEOUS FEES Mr. Hughes indicated that fees deemed as miscellaneous were mainly from the Fire Department and one from the Planning Department. Member Swenson introduced Resolution No. 2006-109 Year 2007 Miscellaneous Fees, and moved adoption. Member Hulbert seconded the motion. Rollcall: Ayes: Hulbert, Masica, Swenson, Hovland Motion carried. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 8:55 P.M. Respectfully submitted, 4 ity Clerk Page 6