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Home My WebLink About2015-10-20 City Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 20, 2015 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:01 p.m. 11. ROLLCALL Answering rollcall were Members Brindle, Staunton, Stewart, Swenson, and Mayor Hovland. 111. MEETING AGENDA APPROVED Member Staunton made a motion, seconded by Member Swenson, approving the meeting agenda. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Member Staunton made a motion, seconded by Member Stewart, approving the consent agenda as revised to remove Items IV.E. Resolution No. 2015-108 Amending the 2015 Budget, and IV.L. Community Solar Garden -Letter of Intent, as follows: IV.A. Approve regular and work session meeting minutes of October 6, 2015 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated October 8, 2015, and consisting of 32 pages; General Fund $568,888.23; Police Special Revenue $635.10; Pedestrian and Cyclist Safety Fund $6,896.25; Arts and Culture Fund $239.40; Working Capital Fund $408,554.00; Equipment Replacement Fund $480.75; Cando Fund $111,087.30; Art Center Fund $4,445.14; Golf Dome Fund $1,471.36; Aquatic Center Fund $1,997.22; Golf Course Fund $5,697.42; Ice Arena Fund $35,568.67; Sports Dome Fund $1,067.30; Edinborough Park Fund $3,333.88; Centennial Lakes Park Fund $1,821.37; Liquor Fund $264,426.53; Utility Fund $461,839.35; Storm Sewer Fund $13,743.80; PSTF Agency Fund $13,762.26; Centennial TIF District$6,185.63; TOTAL $1.912,140.96 IV.C. Request for Purchase, Emergency Medical Services (EMS) Billing Contract, awarding the bid to the recommended bidder, Intermedix at 3.5%of net collections IV.D. Adopt Resolution No. 2015-107, Amending the 2015 Budget to Transfer 2014 General Fund Unassigned Fund Balance M.E. Resolution No. 2015 108, Amending the 2015 Budget IV.F. Adopt Resolution No. 2015-110, Setting Public Improvement Hearings for December 8, 2015 IV.G. Request for Purchase, Contract ENG 15-17NB - 2015 Street Parking Repairs, awarding the bid to the recommended low bidder, Northwest Asphalt at$31,375.00 IV.H. Adopt Resolution No. 2015-103, Approving Public Improvement and Special Assessment Agreement IV.1. Request for Purchase, Grandview District Transportation Study, awarding the bid to the recommended bidder, LHB Inc. at$185,120.00 IV.J. Approve the Traffic Safety Report of September 2, 2015 IV.K. Approve a Temporary Construction License Agreement ITL. Community Sell.Gayele _ L e fte e4 I....en IV.M. Request for Purchase, Police and City Hall Video Surveillance System Replacement, awarding the bid to the recommended bidder, Pro-Tec Design - MN State Contract #S-813(5) at$87,916.63 IV.N. Request for Purchase, Edinborough Park Boiler, awarding the bid to the recommended low bidder, Daikin at $21,485.00 Page 1 Minutes/Edina City Council/October 20, 2015 IV.O. Request for Purchase, Edinborough Park — North Sidewalk, awarding the bid to the recommended low bidder, Kali Concrete at $30,486.00 IV.P. Request for Purchase, Edinborough Park Exterior Doors, awarding the bid to the recommended low bidder, Brin Northwestern Glass Company at$78,813.00 Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA IV.E. RESOLUTION NO. 201S-108 AMENDING THE 201S BUDGET—ADOPTED Member Brindle requested to add the paragraph "Transfers from the Liquor Fund to the Arena Fund and the Construction Fund for $200,000.00 each will be made in 2015 as planned for in Resolution No. 2014- 162." to Resolution No. 2015-108 after the first paragraph under NOW THEREFORE BE IT RESOLVED. Member Brindle introduced and moved adoption of Resolution No. 2015-108, Amending the Budget for the City of Edina for the Year 2015, as revised. Member Swenson seconded the motion. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV.L. COMMUNITY SOLAR GARDEN, LETTER OF INTENT—AUTHORIZED Member Stewart noted that he had voted against this item previously because of his concern over staff time requirements, but that had been mitigated. Manager Neal explained that staff had hired a consulting legal expert, Jeffrey Paulson, to help write the proposal. Manager Neal also answered questions of the Council relating to details that would be dealt with in the lease agreement. Member Staunton made a motion, seconded by Member Brindle, authorizing the City Manager to sign Letter of Intent to negotiate lease for Community Solar Garden. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS V.A. BLOOMINGTON PUBLIC HEALTH UPDATE—PRESENTED Community Health Administrator Brown introduced Bonnie Paulsen, Bloomington Public Health Administrator. Ms. Paulsen discussed the communities that were served and the local Public Health Act. She then presented the annual report including the top ten health issues, areas of service, accreditation process, and current vaccination rates. Ms. Paulsen answered questions of the Council relating to vaccination rates and senior health promotion in Edina as compared to Bloomington. The Council thanked Ms. Paulsen for her work and expressed appreciation over the new format of the report that included people's stories. V.B. UPDATE ON PENTAGON PARK/ THE LINK—PRESENTED Scott Tankenoff, Hillcrest Development, presented a map of the project and photos of demolition at 4815 West 77th Street. Mr. Tankenoff explained that they were in the process of marketing the project and working on a solid mixed use. Currently, staff meetings were held twice per month and that would probably increase going forward. Mr. Tankenoff answered a question of the Council relating to development at Fred Richards Park explaining that it would spur development and be extremely beneficial if moved forward. V.C. WORLD POLIO DAY—PROCLAIMED Mayor Hovland read the World Polio Day Proclamation. Member Stewart made a motion, seconded by Member Brindle, approving proclamation declaring October 24, 2015, as World Polio Day in the City of Edina. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Page 2 Minutes/Edina City Council/October 20, 2015 Tim Mulcrone, Rotary member, accepted the Proclamation and thanked the Council. V.D. SEPTEMBER SPEAK UP EDINA REPORT PRESENTED — TOPIC. USE OF STYROFOAM CONTAINERS Communications Coordinator Gilgenbach presented a summary of September opinions, both pros and cons, collected through Speak Up, Edina relating to Styrofoam. The Council requested that the issue of banning Styrofoam be added to the Energy and Environment Commission's 2016 Work Plan. V.E. EXTRA MILE DAY—PROCLAIMED Mayor Hovland read the Extra Mile Day Proclamation. Member Brindle made a motion, seconded by Member Stewart, approving proclamation declaring November I, 2015, to be Extra Mile Day in the City of Edina. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI. PUBLIC HEARINGS HELD—Affidavits of Notice presented and ordered placed on file. VI.A. CERTIFICATION OF DELINQUENT UTILITIES IMPROVEMENT NO. DU-IS — RESOLUTION NO. 201 S-109 ADOPTED Finance Director Presentation Finance Director Roggeman explained that Minnesota Statute 444.075 allowed cities to "charge a charge against the owner, lessee, occupant or all of them and might provide and covenant for certifying unpaid charges to the County Auditor with taxes against the property served for collection as other taxes are collected." City of Edina City Code section 28-52 through 28-57 allowed for the certification of water, sanitary sewer, storm sewer, and recycling delinquent accounts. The City of Edina had certified unpaid utility bills to the County for collection for many years. Hennepin County required Council resolution prior to certification. Utility accounts with balances over$50 and delinquent one month or longer were notified in writing of the pending certification. Customers who had not paid as of October 20, 2015, would be charged a $30 administrative fee. Customers continued to have the opportunity to pay until November 13, 2015. Mayor Hovland opened the public hearing at 8:07 p.m. Public Testimony No one appeared to comment. Member Swenson made a motion, seconded by Member Stewart, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson introduced and moved adoption of Resolution No. 2015-109, Authorizing the Certification of Delinquent Utility Charges to the Hennepin County Auditor. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII. COMMUNITY COMMENT No one appeared to comment. Vlll. REPORTS/RECOMMENDATIONS VIII.A. ORDINANCE NO. 20IS-12 PROPOSED FRANCHISE AGREEMENT WITH XCEL ENERGY —FIRST READING GRANTED Page 3 Minutes/Edina City Council/October 20, 2015 Manager Neal explained that the final two unresolved issues, a substantial upgrade to LED lights and well maintained ground equipment, had been tentatively resolved and would be included in a Memorandum of Understanding to accompany the adoption of the Xcel Energy franchise renewal, Ordinance No. 2015-12 for First Reading. Member Swenson made a motion to grant First Reading to Ordinance No. 2015-12, Granting to Northern States Power Company, a Minnesota Corporation, D/B/A Xcel Energy, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Edina, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Grounds and Public Ways of the City for Such Purposes. Member Brindle seconded the motion. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.B. ORDINANCE NO. 2015-20 AMENDING CHAPTER 4 CONCERNING ALCOHOLIC BEVERAGES—ADOPTED Economic Development Manager Neuendorf presented the proposed modifications to Ordinance No. 2015-20 based on previous discussions with the Council. Mr. Neuendorf stated he had notified the restaurant associations and the Chamber of Commerce and noted the January 1, 2016 effective date. Mr. Neuendorf answered questions of the Council relating to over-service and 75% training requirement. The Council commended Mr. Neuendorf for capturing previous comments and concerns in this latest edition. Member Stewart made a motion to grant Second Reading adopting Ordinance No. 2015-20, Amending Chapter 4 of the Edina City Code Concerning Alcoholic Beverages. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.C. ORDINANCE NO. 2015-21 AMENDING CHAPTER 36 REGARDING BREWPUBS, TAPROOMS, WINERIES, AND DISTILLERIES—FIRST READING GRANTED Community Development Director Teague shared that the Planning Commission had been considering a Zoning Ordinance amendment to allow brewpubs, taprooms, wineries, and distilleries in the City of Edina. Current City Code allowed a brewery, distillery, and winery in the Planned Industrial District; however, would not allow a brewpub or taproom anywhere. Staff conducted a survey of other cities to find out how they were being regulated and took pictures of existing brewpubs and taprooms to look at function of their operations. Brewpubs were proposed to be allowed in the City's Commercial Zoning Districts. A brewery, distillery, cocktail room, taproom, and winery would be allowed in the Planned Industrial Zoning District. Food trucks would be allowed as an accessory use to a taproom, winery, distillery, or cocktail room only in the Industrial District, which would protect existing brick and mortar restaurants. Staff answered questions relating to food trucks and whether the Grandview area could be excluded due to future plans for the area. The Council directed staff to add a stipulation that would not allow food trucks if a restaurant existed within a 500-foot radius for consideration at Second Reading. Member Swenson made a motion to grant First Reading to Ordinance No. 2015-21, Amending Chapter 36 Regarding Breweries, Taprooms, Wineries, Cocktail Rooms, Distilleries and Brewpubs. Member Stewart seconded the motion. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Page 4 Minutes/Edina City Council/October 20, 2015 VIII.D. ORDINANCE NO. 2015-22 AMENDING CHAPTER 20 OF THE EDINA CITY CODE CONCERNING DOGS IN OUTDOOR FOOD AND LIQUOR ESTABLISHMENTS — ADOPTED Mr. Neuendorf explained that this proposal would allow restaurateurs to consider allowing dogs on outdoor patios and sidewalk cafes provided that applicable provisions of Minnesota State law were followed. Staff answered questions of the Council relating to banning dogs for bad behavior explaining that it was addresses in the State law. Member Swenson made a motion to grant First and waive Second Reading adopting Ordinance No. 2015-22, Amending Chapter 20 of the Edina City Code Concerning Dogs in Outdoor Food and Liquor Establishments. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII.E. RESOLUTION NO. 201 S-89 ADOPTED — ACCEPTING VARIOUS GRANTS AND 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 Swenson introduced and moved adoption of Resolution No. 2015-89 accepting various grants and donations. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.B. MINUTES. 1. PARK BOARD, SEPTEMBER 8, 201 S 2. ENERGY AND ENVIRONMENT COMMISSION, SEPTEMBER 10, 2015 3. HERITAGE PRESERVATION BOARD, SEPTEMBER 8, 2015 Informational; no action required. X. AVIATION NOISE UPDATE—Received XI. MAYOR AND COUNCIL COMMENTS—Received X11. MANAGER'S COMMENTS— Received XII.A. REPORT ON STATUS OF SCHOOL DISTRICT BOUNDARY REALIGNMENT FOR 71 FRANCE XII.B. VIDEOTAPING OF BOARDS AND COMMISSIONS MEETINGS X111. SCHEDULE OF MEETINGS DATES AND EVENTS AS OF OCTOBER 20, 2015—Received XIV, ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland,declared the meeting adjourned at 9:18 p.m. 1 Respectfully submitted, AtJ � Deb Mngen, d0ty C" IfWk Minutes approved by Edina City Council, November L3, 015. James B. Hovland, Mayo Video Copy of the October 20, 2015, meeting available. Page 5