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HomeMy WebLinkAbout2011-11-15 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 15, 2011 7:09 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:09 p.m. II. ROLLCALL Answering rollcall were Members Bennett, Brindle, Swenson and Mayor Hovland. Absent and excused was Member Sprague. III. MEETING AGENDA APPROVED Member Brindle made a motion, seconded by Member Bennett, approving the meeting agenda. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Member Swenson, made a motion, seconded by Member Bennett, approving the consent agenda as follows: IV.A. Approve regular and work session meeting minutes of November 1, 2011 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated November 3, 2011, and consisting of 30 pages; General Fund $61,965.59; Communications Fund $8,746.58; Police Special Revenue $576.90; Working Capital Fund $20,188.15; Equipment Replacement Fund $17,826.75; Construction Fund $6,028.55; Art Center Fund $24,570.06; Golf Dome fund $1,197.22; Aquatic Center Fund $650.00; Golf Course Fund $4,144.53; Ice Arena Fund $305.27; Edinborough/Centennial Lakes Fund $59,199.74; Liquor Fund $142,421.85; Utility Fund $156,733.07; Storm Sewer Fund $13.72; Recycling Fund $32.72; PSTF Agency Fund $7,132.04; TOTAL $511,732.74 and for approval of payment of claims dated November 10, 2011, and consisting of 36 pages; General Fund $426,284.50; Communications Fund $7,362.02; Working Capital Fund $43,176.36; Equipment Replacement fund $8,049.11; Construction Fund $28,486.17; Art Center Fund $3,026.13; Golf Dome Fund $2,964.68; Aquatic Center Fund $1,482.66; Golf Course Fund $15,981.65; Ice Arena Fund $26,832.87; Edinborough/Centennial Lakes Fund $20,261.70; Liquor Fund $271,698.05; Utility Fund $1,054,972.51; Storm Sewer Fund $25,107.02; PSTF Agency Fund $2,203.45; TOTAL$1,937,888.88. IV.C. Adopt Resolution No. 2011-114, appointing Cheryl Engelman and Scott Neal as Agents of Community Health Board IV.D. Approve Public Health and Environmental Health Mutual Aid Agreement Amendment IV.E. Approve Intersection Improvement— Parkwood Road and Londonderry Road IV.F. Request to Purchase, Edina Water Treatment Plant 6: Access and Security System, awarding the bid to the recommended low bidder, Pro-Tec Design at $49,917.20 IV.G. Adopt Resolution No. 2011-117, Cable TV Franchise Extension II IV.H. Approve Edina Transportation Commission Request to form a Living Streets Policy Review Working Group IV.I. Adopt Resolution No. 2011-118 approving use of Hennepin County Affordable Housing Incentive Funds from Fiscal Years 2010 and 2011 by West Hennepin Affordable Housing Land Trust for Homes Within Reach Program Page 1 Minutes/Edina City Council/November 15, 2011 Rollcall: Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS V.A. RESOLUTION OF APPRECIATION ADOPTED RECOGNIZING CEIL SMITH AND DECLARING CEIL SMITH DAY Mayor Hovland read in full and presented resolution of appreciation to Cell Smith for 34 years of dedicated service and declared November 16, 2011 as Ceil Smith Day in the City of Edina. Moved by acclamation the City Council adopted a Resolution of Appreciation declaring November 16, 2011 Ceil Smith Day in Edina. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. Assistant to the City Manager Smith thanked all for this recognition, saying Edina had been the best place in the world to work, and she was proud to have had the opportunity. VI. PUBLIC HEARINGS HELD VI.A. LOCATION, DESIGN, AND DEVELOPMENT OF PROPOSED EDINA VETERANS MEMORIAL APPROVED Affidavits of Notice presented and ordered placed on file. Park Director Keprios presented the recommendation of the Edina Veterans Memorial Committee to create a Veterans Memorial. He reviewed the rationale for selecting Utley Park and described the process used by the Committee in making its recommendation. Mr. Keprios reviewed past Council action to further this project and indicated that three informational meetings had been scheduled. He noted the Park Board approved artist Robert Eccleston to design the sculpture. Bob Kost, Landscape Architect with SEH, Inc., provided an overview of the key attributes of Utley Park and recommended location of the memorial that preserved existing park elements. The project elements would include three illuminated flag poles, "Eagle with Wreath" figurative sculpture as the focal point, a gathering space with area for 150-120 people and podium, accessible hard surfaces, area for contemplation benches, display pylon feature, seasonal plantings, and potential to recognize major donors. Mr. Kost stated the rationale for creating a plaza in the shape of a "V" signifying victory. He presented the site and cross-section plans and described each element. The next steps were for Council approval, fund raising, refining the project elements through final design, bid, and award of the project. Mr. Keprios stated volunteers would conduct all fundraising and he would continue to facilitate the Committee. Construction would not begin until all funds were raised and deposited with the Edina Community Foundation. Mr. Keprios extended his appreciation to the Committee: Chairman Mike Goergen, Members Barbara Bender, Bob Benson, Frank Cardarelle, Jason Christiaansen, Justin Kieffer, Bob Kojetin, Herbert Lefler, John Lonsbury, Robert Reed, and Marshall Schwartz. Mayor Hovland opened the public hearing at 7:27 p.m. Public Testimony Marshall Schwartz, 5528 Dundee Road, stated his support for this Veterans Memorial. Page 2 Minutes/Edina City Council/November 15, 2011 Member Brindle made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. Member Swenson made a motion, seconded by Member Bennett, approving preliminary design, location, and development of proposed Edina Veterans Memorial. The Council stated its support for the Veterans Memorial and asked staff to assure lighting would not impact residential properties, night sky, or wildlife. Mr. Keprios answered the Council's questions relating to the City's donation policy. The Council raised the option of designing the Veterans Memorial so it could be constructed in phases as funding levels were reached. Mr. Keprios stated this option would be taken under advisement. The Council extended its appreciation to Mr. Schwartz and all who had become involved in furthering this effort. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIB. TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE APPROVED—ST. PATRICK'S CATHOLIC CHURCH—DECEMBER 3, 2011 Affidavits of Notice presented and ordered placed on file. Police Chief Long presented the request of St. Patrick's Catholic Church for a Temporary On-Sale Intoxicating Liquor License on December 3, 2011, for its Evening for a Brighter Tomorrow event and recommended approval. Mayor Hovland opened the public hearing at 7:42 p.m. Public Testimony No one appeared to comment. Member Brindle made a motion, seconded by Member Bennett,to close the public hearing. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. Member Swenson made a motion, seconded by Member Brindle, to approve a Temporary On-Sale Intoxicating Liquor License to St. Patrick's Catholic Church on December 3, 2011. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VII. COMMUNITY COMMENT Sarah Patzloff, 5508 Chantrey Road, stated her objection to converting the Centennial Lakes fire places from wood-burning to gas. She was also concerned this might be the first step in restricting residents' rights to have wood-burning fireplaces or recreational wood fires. Ms. Patzloff expressed her concern about restriction of residents' right stating she was sorry for people's health conditions, but we all have our crosses to bear. Wayne Carlson, 523 Coventry Lane, requested an update on his appeal for a variance for four dogs. Manager Neal stated at this point unanswered questions remained about the advisability of granting this request. Mr. Neal explained staff was researching the medical condition rationale. Page 3 Minutes/Edina City Council/November 15, 2011 VIII. REPORTS/RECOMMENDATIONS VIII.A. CAPITAL IMPROVEMENT PLAN 2012-2016 APPROVED Finance Director Wallin presented the 2012-2016 Capital Improvement Plan (CIP) and advised of updates made in response to Council's direction of November 1, 2011. He answered questions of the Council relating to the $100,000 removed from the Parks Department natural resources inventory and TIF funding for a pedestrian bridge and enhanced crossings. Member Brindle made a motion, seconded by Member Bennett, approving the 2012-2016 Capital Improvement Plan. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIII.B. ORDINANCE NO. 2011-17 GRANTED FIRST READING—AMENDING SECTION 185, SCHEDULE A, INCREASING UTILITY FEES Mr. Wallin presented the ordinance amendment to increase utility fees starting in 2012, based on the rate study. He reviewed minor changes made to the rate study and recommended first reading. A correction was requested to indicate Morningside customers do pay a City of Edina administrative charge. The Council discussed whether to include the Morningside rate in this ordinance amendment since the area was served by the City of Minneapolis and the Minneapolis rate for 2012 had not yet been set. Mr. Wallin explained the Morningside rate included in the amendment was an estimate based on past increases. He stated the Council could consider first reading and delay second reading until that rate was known, remove the Morningside rate from the ordinance amendment, or delay consideration until the City of Minneapolis set the rate for Morningside. The Council continued its discussion, noting it might be premature to consider the Morningside rates. The Council acknowledged the need for budget transparency in what facilities cost to operate and asked whether all City entities pay for water usage. Mr. Wallin stated some entities might not have water meters or pay for water usage. He explained that once a meter was installed, it would take three months to determine water usage. In addition, should park facilities be billed for water, such as irrigation, it would result in a budget increase for those departments. The Council noted the City's largest potential water users would be Braemar Golf Course, which had a separate irrigation well, the executive clubhouse, dome, and arena. It was pointed out that the issue of how to handle water/sewer at enterprises was a separate issue and should be scheduled early in 2012 for discussion at a work session. Member Swenson made a motion, seconded by Member Brindle, to grant First Reading of Ordinance No. 20111-17, amending Section 185, Schedule A, Increasing Utility Fees, as amended to exclude the Morningside rate. The Council discussed the motion and proposed increase to the utility fees. Mr. Wallin explained the cost increases relate to the capital improvement projects underway such as the water treatment facilities and replacing the City's 50-year-old utility infrastructure when roads were reconstructed. In addition, the increased fee allowed the City to pay upfront for some projects and reduce debt in the long term. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIII.C. ORDINANCE NO. 2011-15 ADOPTED—REGULATION OF COAL TAR BASED SEALER PRODUCTS Utility Engineer Struve presented the recommendation of the Energy and Environment Commission (EEC) to amend the ordinance to ban the use of coal tar-based sealer products within the City of Edina. He answered the Council's questions relating to the lessening availability of coal tar-based Page 4 Minutes/Edina City Council/November 15, 2011 driveway sealants and indicated the ban would be enforced on a residential complaint basis. Member Swenson made a motion, seconded by Member Brindle, to grant First and waive Second Reading adopting Ordinance No. 2011-15 amending the Edina City Code regulating the use of coal tar-based sealer products. Rollcall: Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIII.D. ORDINANCE NO. 2011-16 ADOPTED—RECYCLING&SOLID WASTE Mr. Struve presented the recommendation of the Energy and Environmental Commission (EEC) to amend the ordinance to: require haulers to increase insurance in order to properly indemnify the City, require the hauler to have carts available (if requested) for source separated organics, exempt source separated compostable material from the requirement of a volume based fee schedule, and require haulers to submit quarterly reports of the amount of refuse removed from the City. The Council asked about the concerns of waster haulers. Mr. Struve stated haulers claimed the number of accounts being served was proprietary data, so the amendment was revised to require reports on tonnage, information that the haulers already provided to other agencies. Mr. Struve explained PCA regulations relating to requirements for source separated materials and compostables. The Council indicated its support to reduce the amount of solid waste. Mr. Struve stated the Green Step Program best management practices encouraged waste reduction, and the report on tonnage would provide a method for the City to create a baseline so implementation strategies could be developed to meet program goals for reduction. Member Brindle made a motion, seconded by Member Bennett, to grant First and waive Second Reading adopting Ordinance No. 2011-16 amending Chapter 13 of the Edina City Code concerning collection and disposal of refuse and recyclables. Rollcall: Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIII.E. CENTENNIAL LAKES FIRE PLACE CONVERSION OF TWO INTERIOR FIRE PLACES APPROVED Manager Neal presented the recommendation of the Energy and Environmental Commission (EEC) to convert three wood burning fireplaces to natural gas at Centennial Lakes Park. He advised the three fireplaces, 2 interior and 1 exterior, have already been plumbed with natural gas starters so the cost to convert would be modest. Member Brindle stated she had heard from only five or six people who were interested in converting the fireplaces and because of the special atmosphere created by these wood burning fireplaces, she would not favor conversion. The Council acknowledged that wood burning fireplaces create a special ambiance, but the Council needed to work for balance in the community, and concern had been voiced about health impacts for some residents. It was noted that Centennial Lakes Park was public property that should be accessible to all, and this consideration in no way impacted the rights of private property owners. Member Bennett stated her goal to assure there was not a barrier within the City's power to remove and conversion to gas fire places would be a good statement for the City to make. Member Swenson offered a compromise to convert only the two indoor fireplaces since that space was rented for events. Mayor Hovland noted the City had required Pinstripes to have gas fireplaces, which had worked out well for that business. He believed the message important to understand was that Page 5 Minutes/Edina City Council/November 15, 2011 Centennial Lakes Park was public property and the conversion would be in the best interest of public health, similar to the City's early decision to ban smoking within its parks. Member Bennett stated while she preferred to convert all three fire places, she would support the compromise offered by Member Swenson as being a step in the right direction. Member Swenson made a motion, seconded by Member Bennett, approving the conversion of two inside fireplaces at Centennial Lakes. Ayes: Bennett, Swenson, Hovland Nays: Brindle Motion carried. VIII.F. EDINA EMERALD ENERGY PROGRAM (EEEP) PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM APPROVED Manager Neal stated the Edina Emerald Energy Program (EEEP) was a Property Assessed Clean Energy (PACE) program adapted from an effective program in Sonoma County, California, and if adopted would be the first in Minnesota. He explained the program would special assess private improvements to private properties, considered on a project-by-project basis with the applicant waiving its rights to appeal a special assessment. Mr. Neal noted the proposed program would not contain several components of the Sonoma County, California, program such as the substantial water conservation aspect and residential component. He advised the PACE debt incurred does not impact the City's debt capacity. The intent was to create a financing mechanism to foster more development in solar and energy efficiencies on private commercial property through the use of special assessments. Mr. Neal explained this item was being expedited because a property owner in the Grandview District wished to take advantage of this program this calendar year. That property owner had been working with EEC and desires to be a demonstration project. Member Brindle made a motion, seconded by Member Swenson, approving the Edina Emerald Energy Program and authorizing staff to complete a demonstration project for the Program in 2011. The Council discussed the EEEP and questioned the size of the assessment that would be allowed, noting there was currently a property with delinquent utilities in an amount that might be close to or exceed the value of the property. Mr. Neal advised that the proposed assessment, unlike delinquent utility bills, could not exceed 10% of the assessed value as determined by the City Assessor. Staff was asked about the liability and order of priority should a property with a PACE assessment enter foreclosure. Mr. Neal indicated, and Attorney Knutson confirmed, that the PACE assessment would be considered a lien against the property and be placed before private mortgages for collection when the property was sold. Mr. Neal reported the Sonoma County, California program had processed 2,300 applications, approved 1,700 applications, and funded contracts worth $53.4 million as of October 31, 2011. PACE had been authorized in Minnesota law since 2010. The Council expressed concern about pioneering this program since no other Minnesota communities had approved such a program. Mr. Neal explained the program would not loan public money to private people to make improvements. Rather, the applicant would be required to bring their private financing to the table to finance the assessment, find the contractor, get the project on line, and arrange the agreed upon special assessment bond financing aspect. The City would receive 2% of the bonds, based on existing Council policy for conduit financing. Mr. Neal recommended a limit of$1 million a year to provide an element of control. All legal, underwriting, and financing costs would be included in the special assessments. It was noted this program was similar to the situation when the City provided conduit financing for a hospital. The Council asked whether there was a parallel comparison between this program and the Housing Improvement Area Program. Mr. Neal agreed that was good comparison because that program allowed the City to provide public conduit funding to help a private party accomplish a large Page 6 Minutes/Edina City Council/November 15, 2011 collective project in a privately owned housing complex. Member Swenson made a motion, seconded by Member Brindle, calling the question. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. Vote on main motion: Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIII.G. PACE GRANT WITH STATE OF MINNESOTA APPROVED Manager Neal explained this was a $10,000 special purpose grant from the Minnesota Department of Commerce to defray the City's internal costs to set up the PACE program. Member Swenson made a motion, seconded by Member Bennett, approving PACE Grant with the State of Minnesota. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIII.H. RESOLUTION NO. 2011-115 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. 2011-115 accepting various donations. Member Brindle seconded the motion. Rollcall: Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS — Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.A. PETITION REQUESTING SOUND MITIGATION WEST SIDE OF TH 100 RECEIVED — Acknowledged and referred to Engineering. X. MAYOR AND COUNCIL COMMENTS—Received XI. MANAGER'S COMMENTS— Received XI.A. LEAN PROJECT PRESENTATION Manager Neal explained that in response to concerns expressed about the time taken for the building inspection plan review process, Anoka Ramsey Community College, which had a LEAN program, was asked to review the City's systems. Assistant Manager Kurt explained the LEAN concept had been originated by Toyota to preserve value with less work, value being defined in the eyes of the customer. The LEAN program used a customer focused grass roots approach by involving employees and external stakeholders in continual improvement and problem-solving activities. It reduced the complexity of processes and the variation in process outputs; used performance metrics and visual controls to provide rapid feedback, improved real-time decision-making and problem-solving; and approached improvement activities using systems thinking. Ms. Kurt described the process used by the building inspections team to apply LEAN standards to the plan review of commercial remodel projects. She presented the resulting action items and outcomes that were determined to expedite that plan review process. Page 7 Minutes/Edina City Council/November 15, 2011 The Council stated its support for this process, noting it also provided transparency, and raised the option of applying it to residential plan review. Ms. Kurt stated it might be possible to apply some of the outcomes but commercial remodel projects were the most complicated. XI.B. PROPOSED NOVEMBER 29, 2011 WORK SESSION-Acknowledged. XI.C. EDINA SWIM TEAM-APPEAL OF PARK BOARD DECISION Mr. Neal advised the Edina Swim Team wished to appeal a decision of the Park Board relating to the allocation of swim time to competing swim clubs. During the Park Board meeting, it was made clear that the Edina Swim Team had the option to appeal the decision to the City Council, which had been done in writing. Attorney Knutson advised there was no legal requirement for a public hearing. The Council considered whether the appeal deliberation should be based on written material or include oral arguments. Following discussion, consensus was reached that the appeal would be based on written submittals. The Council requested copies of the Park Board packet materials and that all documentation be provided to the Council one week in advance of consideration. The Council members agreed to set the matter for discussion on December 20, 2012. XI.D. BOARDS AND COMMISSIONS SURVEY AND REAPPOINTMENT UPDATE Mr. Neal reported that Ms. Kurt had been working on a survey of Boards and Commissions that would be extended to staff liaisons and the Council. Clerk Mangen reported on the anticipated Board and Commission appointment process and asked the Council to advise of availability for interviews. XII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 10:10 p.m. Respectfully submitted, 1_,`' J Debra A. Mangen, City Clerk ' Minutes approved by Edina City Council, December 6, 2011. , /1111111114.1.—....,\ .....=:_t_-_---- Ja es B. Hovland, Mayor Video Copy of the November 15, 2011, meeting available. Page 8