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HomeMy WebLinkAbout2017-03-07 City Council Regular Meeting Minutes MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 7, 2017 7:00 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:06 p.m. II. ROLLCALL Answering rollcall were Members Brindle, Fischer, Staunton, Stewart, and Mayor Hovland. III. MEETING AGENDA APPROVED AS AMENDED Member Brindle made a motion, seconded by Member Fischer, approving the meeting agenda as amended to add Item XI.A., Resolution 2017-28 Reaffirming City Authority to Manage Public Rights-of-Way. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. IV. COMMUNITY COMMENT No one appeared. V. CONSENT AGENDA ADOPTED Member Brindle made a motion, seconded by Member Fischer, approving the consent agenda as presented: V.A. Approve minutes of February 22, 2017, work session and February 22, 2017, regular meeting minutes V.B. Receive payment of the following claims as shown in detail on pre-list dated February 16, 2017, and consisting of 29 pages; General Fund $234,541.22; Police Special Revenue $28,693.57; Pedestrian and Cyclist Safety $274.00; Working Capital Fund $36,650.03; PIR Construction Fund $11,913.74; Equipment Replacement Fund $20,691.26; Art Center Fund $2,247.01; Golf Dome Fund $552.87; Aquatic Center Fund $970.87; Golf Course Fund $12,537.75; Ice Arena Fund $20,019.25; Sports Dome Fund $784.87; Edinborough Park Fund $2,197.56; Centennial Lakes Park Fund $4,098.67; Liquor Fund $214,827.78; Utility Fund $44,821.56; Storm Sewer Fund $2,794.88; Recycling Fund $38,181.96; Risk Mgmt ISF $5,861.91; PSTF Agency Fund $226,475.47; MN Task Force I Fund $154,030.36; Centennial TIF District $5,446.79; TOTAL $1,068,613.38; pre-list dated February 23, 2017 consisting of 27 pages; General Fund $140,256.77; Police Special Revenue $4,883.81; Arts and Culture Fund $49.35; Working Capital Fund $2,669.80; Art Center Fund $8,996.69; Golf Dome Fund $3,768.25; Aquatic Center Fund $2,935.20; Golf Course Fund $2,396.54; Ice Arena Fund $8597.14; Sports Dome Fund $1,477.00; Edinborough Park Fund $17,197.89; Centennial Lakes Park Fund $8,934.64; Liquor Fund $183,076.49; Utility Fund $78,376.79; Storm Sewer Fund $2,663.17; Risk Mgmt ISF $356,315.69; PSTF Agency Fund $32,646.51; Centennial TIF District $35,404.92; TOTAL $903,355.02. V.C. Approve Request for Purchase: 2017 Western Star Plow Truck at Public Works, awarding the bid to the recommended low bidder, Boyer Truck (State Contract #77960) at $98,000.00 and TBEI (State Contract#100779) at $121,876.00 V.D. Approve Request for Purchase: 2016 Spaulding Asphalt Trailer at Public Works, awarding the bid to the recommended low bidder, ABM Equipment (State Contract #116249) at $26,474.00 Page 1 Minutes/Edina City Council/March 7. 2017 V.E. Approve Request for Purchase: Advertising and Marketing Plan for Parks and Recreation Programming, awarding the bid to the recommended low bidder, Hot Dish Advertising at $26,000.00 V.F. Approve Master Services Agreement for Professional Engineering Services with AE2S V.G. Approve Request for Purchase: Engineering Services for Water Treatment Plant 5, awarding the bid to the recommended low bidder, AE2S at $75,000 V.H. Approve On-Sale Intoxicating, Club on-Sale, Sunday Sale, Wine and Beer Liquor License Renewals V.I. Adopt Ordinance No. 2017-01: Amending Edina City Code Concerning Boards and Commissions V.J. Adopt Resolution No. 2017-20: Approving MN Bureau of Criminal Apprehension Joint Powers Agreements V.K. Adopt Resolution No. 2017-21: Approving No-Rise Certificate for Nine Mile Creek Edina Streambank Stabilization Project V.L. Adopt Resolution No. 2017-23: Support for GreenCorps Host Site Application V.M. Adopt Resolution No. 2017-25: MnDOT Limited Use Permit for Valley View Road Sidewalk V.N. Adopt Resolution No. 2017-26: Authorizing Use of Facsimile Signatures by Public Officials V.O. Adopt Resolution No. 2017-27: Authorizing Investment Agreement V.P. Appoint Council Member Brindle Edina's Representative to the Metropolitan Airports Commission's Noise Oversight Committee (NOC) V.Q. Approve Purchase Policy Update Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VI. SPECIAL RECOGNITIONS AND PRESENTATIONS None. VII. REPORTS/RECOMMENDATIONS — (Favorable vote of majority of Council Members present to approve except where noted). VII.A. ADVISORY COMMUNICATION: COMMUNITY HEALTH COMMISSION, TOBACCO REGULATION—PRESENTED Community Health Administrator Jeff Brown introduced Dr. Caleb Schultz of the Community Health Commission. Dr. Caleb Schultz, 5308 West 64,h Street, presented the Community Health Commission's (CHC) Advisory Communication Tobacco 21, a program 21 aimed to create a smoke-free generation by raising the age to purchase tobacco products to 21. Dr. Schultz shared youth smoking statistics and stated how they could lower youth and overall smoking statistics if youth do not start before the age of 21. He said Edina would be the first in the State to have such an ordinance in place and requested the Council direct staff to draft a Tobacco 21 ordinance for future Council consideration. The Council asked if the proposal would include e-cigarettes and vaping. Dr. Schultz confirmed the intent to include e-cigarettes and vaping and shared a sample ordinance change by the Public Health Law Center that described a broad definition of tobacco and tobacco products. The Council commented how this legislation would be better served if done across the entire State rather than city-to-city. Dr. Schultz shared how a similar program began in Needham Massachusetts in 2004 with the hope that neighboring communities would follow and while that did not happen, Needham was successful in reducing youth smoking by a factor of three prior to enactment. The Council commented on Page 2 Minutes/Edina City Council/March 7, 2017 the comprehensive tobacco products list, asked questions regarding lobelia, and confirmed vaping is not allowed in the City. The Council asked questions regarding why other states have not enacted such legislation and commented that while typically councils do not act on such global-type issues, there were indisputable facts regarding youth smoking and such legislation would result in healthier youth in the community with a potential cascading effect and other benefits such as clean air and a healthier environment. Manager Scott Neal shared how Eden Prairie worked in 2002 to ban smoking in their city restaurants and how that legislative strategy created intentional patchwork that eventually resulted in the ban of smoking in restaurants throughout the State. City Attorney Roger Knutson confirmed cities could be more restrictive and could elect to enact such ordinance language. The Council asked if any outreach had occurred with tobacco retailers. Dr. Schultz said outreach had not begun but would be included in any plan to move forward. Member Staunton made a motion, seconded by Member Brindle, move forward with the process to consider all dimensions of the proposed Tobacco 21 policy. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. Council commented on the importance of improving the health of youth in the City and suggested the Community Health Commission draft a Tobacco 21 ordinance for consideration. Mr. Neal noted statutory requirements that would be involved such as public hearings and suggested the City Attorney draft the ordinance for Council consideration. VII.B. RESOLUTION NO. 2017-22 — ACCEPTING VARIOUS GRANTS AND DONATIONS — ADOPTED 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 Brindle introduced and moved adoption of Resolution No. 2017-22 accepting various grants and donations. Member Fischer seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VII.C. RESOLUTION NO. 2017-24 — APPROVING TEMPORARY ON-SALE DISPENSARY — ADOPTED Mr. Neal explained the proposed resolution would allow Edina Liquor to sell beer and wine during the Edina Art Fair on an annual basis. He outlined how alcohol would be contained and sold and confirmed those details would be addressed administratively. Member Brindle introduced and moved adoption of Resolution No. 2017-24 establishing temporary on-sale municipal dispensary for Edina Liquor during the Edina Art Fair in the City of Edina. Member Stewart seconded the motion. Council confirmed all streets would be closed during any dispensary. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. Vlll. CORRESPONDENCE AND PETITIONS VIII.A. CORRESPONDENCE Mayor Hovland acknowledged the Council's receipt of various correspondence. Page 3 Minutes/Edina City Council/March 7, 2017 VIII.B. MINUTES None. VIII.C. ADVISORY COMMUNICATION 1. HUMAN RIGHTS AND RELATIONS COMMISSION FEBRUARY 2017 Informational; no action required. IX AVIATION NOISE UPDATE —Received X. MAYOR AND COUNCIL COMMENTS—Received XA. PARKWOOD KNOLL TRAFFIC The Council reviewed the City's efforts to assist the Parkwood Knoll neighborhood's traffic concerns due to the Highway 169 improvement project. The Council commented not traffic volume, but driver behavior was a concern and noted Google Maps has been directing drivers to the Parkwood Knoll neighborhood instead of the designated Shady Oak Road/494 detour. They discussed potentially closing Dovre Drive until the project has been completed along with the current a.m./p.m. peak strategy at Malibu Drive to address safety.concerns. Engineering Director Millner updated the Council on areas of concerns, discussions with Edina Public Schools Transportation Manager, and compliance issues with busing. Mr. Millner noted since the current traffic calming measures were implemented, there have been no reports of non-compliance with regard to buses and the number of cars has been reduced from 3,800 to 2,500 per day. He stated 30 m.p.h. was still within traffic guidelines and was the posted speed while acknowledging that 30 m.p.h. is fast to the person walking on the roadway. Mr. Millner stated speed humps could be installed in April. He suggested closing the south end of Dovre Drive would be a possible next step. The Council shared comments on the proposal and thanked staff for their extensive work on this concern. They commented that 2.3 cars per minute were still high. Mr. Millner indicated if the Council directed, Dovre Drive would be completely closed with concrete barriers and no access. The Council inquired about traffic concerns in the Presidents Streets area. Mr. Millner confirmed no concerns were reported yet but suggested southbound Washington Street had been closed from 3rd Avenue to Lincoln Street. Mr. Millner said if Dovre Drive was closed, it would solve the situation but add traffic to Blake and Interlachen as well as other areas. Member Brindle made a motion, seconded by Member Stewart, to close Dovre Drive for the duration of the Highway 169 improvement project to begin on Monday, March 13, 2017, and to install No Outlet/Road Closed Ahead signage at north end of Dovre Drive. Council confirmed additional changes required Council action and acknowledged upcoming daylight savings time and lack of sidewalks in the neighborhood made this a necessary step. Ayes: Brindle, Fischer, Staunton, Hovland Nays: Stewart Motion carried. Xl. MANAGER'S COMMENTS — Received XI.A. RESOLUTION 2017-28, A RESOLUTION REAFFIRMING CITY AUTHORITY TO MANAGE PUBLIC RIGHTS-OF-WAY—ADOPTED Mr. Neal requested action on proposed legislation by a mobility antennae provider that could affect cities' ability to restrict what could be placed in rights-of-way. He said the proposed resolution was presented to councils throughout the State and would preserve the City's ability to regulate what goes in its rights-of- way. Page 4 Minutes/Edina City Council/March 7. 2017 The Council commented that staff had worked closely with the League of Minnesota Cities regarding the proposed legislation and voiced support for the resolution. Member Stewart introduced and moved adoption of Resolution No. 2017-28 Reaffirming City Authority to Manage Public Rights-of- Way. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. X11. SCHEDULE OF MEETINGS, EVENTS AND DATES AS OF MARCH 7, 2017— Received XIII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 8:34 p.m. Respectfully submitted, Deb 'angen, Cit Clerk Minutes approved by Edina City Council, March 21, 2017. James B. Hovland, Mayor Video Copy of the March 7, 2017, meeting available. Page 5