HomeMy WebLinkAbout2011-04-05 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
APRIL 5,2011
7:10 P.M.
ROLLCALL Answering rollcall were Members Bennett, Brindle, Sprague, and Mayor Hovland. Absent at
rollcall was Member Swenson.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Bennett and seconded by Member
Brindle approving the Council consent agenda with the exceptions of Item II.D., Contract ENG 11-5, Imp.
Nos. BA-334, SS-460, STS-375, WM-511 & BR-7; Minnehaha Woods Neighborhood Roadway
Improvements & West 56`h Street Bridge; and, Item II.F., Contract 11-01PK, Chowen Park Playground
Improvements.
Rollcall:
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
ARBOR DAY PROCLAIMED Mayor Hovland read a proclamation declaring April 29 as Arbor Day 2011 in the
City of Edina. Member Sprague made a motion, seconded by Member Bennett, approving the
proclamation declaring Arbor Day 2011.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
Park& Recreation Director Keprios advised of the upcoming Arbor Day project.
DAYS OF REMEMBRANCE PROCLAIMED—Jessica Kingston and John Cashmore, Human Rights & Relations
Commissioners, recommended that Edina observe Days of Remembrance, established by the US Congress,
to remember Holocaust victims and promote human dignity, beginning with an event at Edina City Hall
May 1, 2011. Mayor Hovland read a proclamation declaring the week of May 1-8, 2011, as Days of
Remembrance in the City of Edina. Member Bennett made a motion, seconded by Member Brindle,
approving the proclamation declaring Days of Remembrance, May 1-8, 2011, and authorizing the event
on May 1,2011.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
Mr. Cashmore advised of upcoming Days of Remembrance events and Ms. Kingston announced the
educational presentation and panel discussion on April 26, 2011, about bullying.
EARTH DAY PROCLAIMED Mayor Hovland read a proclamation declaring April 22, 2011, as Earth Day in the
City of Edina. Member Sprague made a motion, seconded by Member Bennett, approving the
proclamation declaring Earth Day,April 22,2011.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
Bob Gubrud, Energy & Environment Commissioner, introduced the Education and Outreach Working
Group and advised of their activities to promote energy and earth friendly practices.
*MINUTES APPROVED — REGULAR MEETING OF MARCH 15, 2011, AND WORK SESSION OF MARCH 15,
2011 Motion made by Member Bennett and seconded by Member Brindle approving the minutes of the
regular meeting of March 15,2011,and work session of March 15,2011.
Motion carried on rollcall vote—four ayes.
Page 1
Minutes/Edina City Council/April 5 2011
AWARD OF BID — EDINA FIRE DEPARTMENT — TRAINING CENTER 6TH FLOOR BURNER Manager Neal
recommended the Council table consideration of the training center 6 1 floor burner to allow time to
obtain a competitive bid. Member Brindle made a motion, seconded by Member Bennett, tabling
indefinitely consideration of Training Center sixth floor burner.
Ayes: Bennett, Brindle, Sprague, Hovland
Motion carried.
*AWARD OF BID — EDINA FIRE DEPARTMENT — REPAIR OF FIRE DEPARTMENT PUMPER E-81 Motion
made by Member Bennett and seconded by Member Brindle awarding the bid for repair of Fire
Department Pumper E-81 to the recommended low bidder, Premier Fleet Services at$33,200.68.
Motion carried on rollcall vote—four ayes.
*AWARD OF BID—2011 COMMODITIES PURCHASE—SAND. ROCK, BITUMINOUS MATERIALS CONCRETE
AND WATER TREATMENT CHEMICALS — CONTINUED TO APRIL 19, 2011 Motion made by Member
Bennett and seconded by Member Brindle continuing award of bid for the 2011 commodities purchase
to April 19,2011.
Motion carried on rollcall vote—four ayes.
AWARD OF BID — CONTRACT ENG 11-5. IMP. NOS. BA-334, SS-460, STS-375. WM-511 & BR-7:
MINNEHAHA WOODS NEIGHBORHOOD ROADWAY IMPROVEMENTS & WEST 56TH STREET BRIDGE In
response to the Council's inquiry, Public Works Director/City Engineer Houle stated the watermain costs
increased since the preparation of the CIP because when a project specification is prepared greater detail
is used which results in some areas increasing and some decreasing. He stated the 2011 CIP understated
the watermain work needed for the project and added that three competitive bids were received for
Alternate A. Mr. Houle explained the bids were under the estimate costs because of the economy and the
favorable bidding environment. Member Sprague made a motion, seconded by Member Brindle,
awarding the bid for Contract No. ENG 11-5, Imp. Nos. BA-334, SS-460, STS-375, WM-511, and BR-7;
Minnehaha Woods Neighborhood Roadway Improvements and West 56`h Street bridge to the
recommended low bidder, Palda&Sons at$4,259,438.35 for Base Bid and Alternate A.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
*AWARD OF BID—CONTRACT ENG 10-13, IMP. NO.WM-509 GLEASON ROAD WATER TOWER CLEANING.
REPAIRING AND PAINTING Motion made by Member Bennett and seconded by Member Brindle
awarding the bid for Contact No. ENG 10-13, Imp. No. WM-509, Gleason Road water tower cleaning,
repairing and painting to the recommended low bidder, M.K. Painting, Inc.at$449,000.00.
Motion carried on rollcall vote—four ayes.
AWARD OF BID — CONTRACT 11-01PK CHOWEN PARK PLAYGROUND IMPROVEMENTS The Council
indicated it was impressed with the new process used in the design for the Chowen Park Improvements.
Mr. Keprios described the process that was used to gather additional community input. Member Sprague
made a motion, seconded by Member Bennett, awarding the bid for Contract 11-01PK, Chowen Park
Playground Improvements,to the recommended low bidder, Fitol-Hintz Construction at$109,884.50.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
*AWARD OF BID — 2011 EVAPCO EVAPORATOR — CONDENSER — BRAEMAR ARENA Motion made by
Member Bennett and seconded by Member Brindle awarding the bid for 2011 EVAPCO evaporative
condenser,Braemar Arena,to the recommended low bidder,Cool Air Mechanical at$54,768.00.
Motion carried on rollcall vote—four ayes.
Page 2
Minutes/Edina City Council/April 5, 2011
GYPSY MOTH PRESENTATION MADE Lucia Hunt, Minnesota Department of Agriculture, updated the
Council regarding the Gypsy Moth infestation near Highways 169 and 62 comprising 136 acres (12 acres in
southwest Edina) and plans for multi-year BTK organic aerial treatment starting in May of 2011. Ms. Hunt
said notification has been mailed to residents in the affected area. She explained that since the Gypsy
Moth treatment program received federal funding, an Environmental Assessment was required which was
nearing completion. The Council asked questions of Ms. Hunt about trapping and monitoring moths to
verify the treatment's effectiveness as well as the safety of the product used on exposed residents. Ms.
Hunt reiterated the dates and time of day that treatment would occur, stated notification would include
local media, and information regarding the treatment would be posted in the affected area.
Member Brindle made a motion, seconded by Member Sprague, authorizing staff to send a letter to the
Federal Aviation Administration to approve spraying of Gypsy Moths in the southwest area of Edina.
Ayes: Bennett, Brindle, Sprague, Hovland
Motion carried.
CITY COUNCIL MEETING AGENDA MODIFIED Mr. Neal offered suggestions to modify the agenda to group
perfunctory administrative actions earlier on the agenda. The Council discussed when Community
Comment should be placed on the agenda, reiterating its desire for transparency. The Council supported
scheduling Community Comment on-camera,just prior to Public Hearings,with a limit of three minutes per
speaker but without an overall time limit. The Council indicated support for compiling Consent Agenda
items and discussed whether items removed from the Consent Agenda should be addressed immediately
following or when that item would have been considered if not on the Consent Agenda. Mr. Neal
recommended those items be considered immediately following since it was not uncommon to have staff
and residents in attendance concerning consent items. The Council supported reordering the Housing and
Redevelopment Authority(HRA)to follow the Council agenda unless an HRA public hearing was scheduled.
The Council considered whether to start the meeting with a unity statement. It was noted the Council had
adopted the U.S. Council of Mayors' Civility Accord and directed staff to post it, in some fashion, in its
Chambers; however, it was too lengthy to read at the start of each meeting. Council consensus was to
request language for a unity statement from staff to be further reviewed by the Council.
Council consensus was reached directing staff to draft a resolution reordering the agenda as follows:
Meeting Instructions, Call to Order, Roll Call, Unity Statement, Approval of the Meeting Agenda, Adoption
of Consent Agenda, Pulled Consent Agenda Items, Recognitions and Presentations, Community Comment
with three minutes/citizen, Public Hearings, Reports and Recommendations, Finance, Correspondence and
Petitions, Mayor and Council Comments, Manager's Comments, and Housing& Redevelopment Authority.
It was noted that more discussion on a unity statement would be held prior to any implementation.
BUSINESS SUBSIDY POLICY ADOPTED Mr. Neal presented the draft Business Subsidy Policy and advised
that State Statutes required cities to adopt such criteria prior to awarding business subsidies. He noted
the addition of a public hearing process in response to a request for public subsidy prior to approval of said
subsidy. The Council discussed its support to obtain public comment through a hearing process and
expressed concern with the language of item C indicating "In cases where the objective was the retention
of existing jobs, the recipient of the subsidy shall be required to provide reasonably demonstrable
evidence that the loss of those jobs is imminent," which may be too high a standard. City Attorney
Knutson offered revised language. Member Bennett made a motion, seconded by Member Sprague,
adopting Business Subsidy Policy revising Item C as follows: "In cases where the objective is the
retention of existing jobs,the recipient of the subsidy shall be required to provide evidence that the loss
of those jobs is probable."
Ayes: Bennett, Brindle, Sprague, Hovland
Motion carried.
Page 3
Minutes/Edina City Council/April 5 2011
TAX INCREMENT FINANCING POLICY TABLED Member Brindle made a motion, seconded by Member
Bennett, to table consideration of the Tax Increment Financing Policy to a date to be determined by the
City Manager
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
PROPOSED SPORTS DOME Mr. Neal advised of the activities by a group of Edina residents that wished to
develop an indoor sports facility, possibly through a partnership with the City and School District. The
School Board had received the proponent's presentation and requested additional information, which
could also be requested by the City Council. The Council discussed its support to request additional
information including proposed financing.
ORDINANCE NO. 2011-03 ADOPTED — AMENDING SECTION 100.11 REGARDING BACKGROUND CHECKS
Mr. Neal presented the recommendation of the Police Department to adopt an ordinance amending the
City Code concerning background checks and reviewed the clarifying revisions Member Bennett proposed.
Member Bennett made a motion,seconded by Member Brindle,to grant First and waive Second Reading
adopting Ordinance No. 2011-03, amending Chapter 1 of the Edina City Code concerning background
checks,as revised.
Rollcall:
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
PARK BOARD SUBCOMMITTEES AUTHORIZED Mr. Keprios presented the Park Board Chairman's request
to form subcommittees that would include non-Park Board member residents. He indicated the Park
Board had not yet established bylaws that would allow them to form subcommittee. The bylaws were
drafted and would be considered at its upcoming meeting. In absence of bylaws,the Park Board requested
specific approval of the Council to form subcommittee. The Council and City Clerk Mangen discussed how
open meeting requirements would be met by posting the meeting or assuring the subcommittee was
comprised of less than a quorum number of the Park Board. Mr. Keprios acknowledged staffs support of
the Board's request. Member Bennett made a motion, seconded by Member Sprague, authorizing the
Park Board to establish subcommittees to study: 1) association fees and fee-related matters; 2)
donations policy and establish a naming of parks and facilities policy; 3) review responses to the golf
course request for proposals; and, allowing residents (non-Park Board members) to serve on the
subcommittees.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
ART CENTER BOARD AND HERITAGE PRESERVATION BOARD APPOINTMENTS ENDORSED Mayor Hovland
made a motion, seconded by Member Sprague, endorsing the Mayor's appointment of Alfreda Terry to
the Art Center Board for a term ending February 1, 2013, and Terry Ahlstrom to the Heritage
Preservation Board for a term ending February 1,2012.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
RESOLUTION NO. 2011-41 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. 2011-41 accepting various donations. Member Brindle seconded
the motion.
Rollcall:
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
Page 4
Minutes/Edina City Council/April 5, 2011
*AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON & EDINA FOR PUBLIC HEALTH EMERGENCY
RESPONSES (PHER I, II, III) AMENDED Motion made by Member Bennett and seconded by Member
Brindle approving the amended agreement between the cities of Bloomington and Edina for Public
Health Emergency Responses(PHER I, II, III).
Motion carried on rollcall vote—four ayes.
*RESOLUTION NO. 2011-40 ADOPTED — FINDINGS OF FACT — REQUEST TO KEEP MORE THAN THREE
ANIMALS DENIED Motion made by Member Bennett and seconded by Member Brindle to adopt
Resolution No. 2011-40,denying permit for more than three cats or dogs in a home.
Motion carried on rollcall vote—four ayes.
*RESOLUTION 2011-44 ADOPTED— HEARING DATE SET (MAY 3, 2011)— DELINQUENT UTILITIES Motion
made by Member Bennett and seconded by Member Brindle to adopt Resolution No. 2011-44, calling a
public hearing for consideration of certain delinquent utilities DU-11, May 3,2011.
Motion carried on rollcall vote—four ayes.
*WATER SHUTOFF AUTHORIZED Motion made by Member Bennett and seconded by Member Brindle
authorizing water shutoff at 2906 66th Street West for nonpayment.
Motion carried on rollcall vote—four ayes.
*RESOLUTION NO. 2011-42 ADOPTED — COOPERATIVE AGREEMENT BETWEEN THE CITY OF
MINNEAPOLIS AND THE CITY OF EDINA REGARDING BICYCLE PARKING PROJECT APPROVED Motion
made by Member Bennett and seconded by Member Brindle to adopt Resolution No. 2011-42,
approving cooperative agreement between the City of Minneapolis and the City of Edina regarding
bicycle parking project.
Motion carried on rollcall vote—four ayes.
*RESOLUTION NO. 2011-45 ADOPTED — UTILITY EASEMENT ALONG OLINGER BOULEVARD APPROVED
Motion made by Member Bennett and seconded by Member Brindle to adopt Resolution No. 2011-45,
approving utility easement for Excel Energy along Olinger Boulevard.
Motion carried on rollcall vote—four ayes.
*CONSTRUCTION ENGINEERING SERVICES FOR MINNEHAHA WOODS NEIGHBORHOOD ROADWAY
RECONSTRUCTION PROJECT APPROVED Motion made by Member Bennett and seconded by Member
Brindle approving construction engineering services for Minnehaha Woods' neighborhood roadway
reconstruction project.
Motion carried on rollcall vote—four ayes.
*RESOLUTION NO. 2011-43 ADOPTED—CONSTRUCTION GRANT AGREEMENT BETWEEN METROPOLITAN
COUNCIL AND CITY OF EDINA FOR INFLOW AND INFILTRATION ABATEMENT PROJECTS APPROVED
Motion made by Member Bennett and seconded by Member Brindle to adopt Resolution No. 2011-43,
approving Construction Grant Agreement No. SG2011-002 between Metropolitan Council and City of
Edina for inflow and infiltration abatement projects.
Motion carried on rollcall vote—four ayes.
COMMUNITY COMMENT
No one appeared to comment.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Bennett and seconded by Member Brindle
approving payment of the following claims as shown in detail on the Check Register dated March 17,
2011, and consisting of 29 pages: General Fund $103,913.73; Communications Fund $5,256.50; Police
Page 5
Minutes/Edina City Council/April 5 2011
Special Revenue $1,152.27; General Debt Service Fund $833.75; PIR Debt Service Fund $1,202.50;
Working Capital Fund $15,008.47; Equipment Replacement Fund $222,378.93; Art Center Fund
$3,445.52; Golf Dome Fund $568.76; Golf Course Fund $30,646.47; Ice Arena Fund $1,547.83;
Edinborough/Centennial lakes Fund $25,965.63; Liquor Fund $170,636.38; Utility Fund $430,929.04;
Storm Sewer Fund $1,68030; Recycling Fund $38,820.60; PSTF Agency Fund $10,295.83; TOTAL
$1,064,282.71: and for approval of payment of claims dated March 24, 2011,and consisting of 25 pages:
General Fund $566,344.76; Communications Fund $3,322.85; Police Special Revenue $960.00; Working
Capital Fund $2,549.74; Equipment Replacement Fund $1,557.65; Art Center Fund $2,319.64; Golf Dome
Fund $31,576.15; Aquatic Center Fund $45.96; Golf Course Fund $33,531.17; Ice Arena Fund $54,093.76;
Edinborough/Centennial Lakes Fund $19,279.17; Liquor Fund $122,978.87; Utility Fund $25,509.97;
Recycling Fund $7,518.66; PSTF Agency Fund $9,576.50; Payroll Fund $5,325.18;TOTAL$886.490.03: and
for approval of payment of claims dated March 31, 2011, and consisting of 29 pages: General Fund
$68,031.43; Communications Fund $10,123.29; Police Special Revenue $1,001.28; Working Capital Fund
$19,048.24; Equipment Replacement Fund $56,988.94; Construction Fund $27,258.75; Art Center Fund
$18,946.12; Golf Dome Fund $1,238.43; Golf Course Fund $34,888.87; Ice Arena Fund $139.40;
Edinborough/Centennial Lakes Fund $20,395.01; Liquor Fund $142,388.35; Utility Fund $104,717.11;
Storm Sewer Fund $37,50231; Recycling Fund $107.73; PSTF Agency Fund $5,807.24; Payroll Fund
$14,643.48; TOTAL $573,226.18: and, Credit Card Transactions dated January 26, 2011, to February 25,
2011:TOTAL 58,469.47.
Motion carried on rollcall vote—four ayes.
LETTER RECEIVED FROM GOLF TERRACE/LAKE HARVEY NEIGHBORHOOD ASSOCIATION The Council
acknowledged receipt of a letter with several signatures from the Golf Terrace/Lake Harvey Neighborhood
Association regarding a parking restriction on Lakeview Drive. Mr. Houle stated the no parking issue could
be addressed via the Traffic Safety Report. The Council indicated its desire to address this matter because
it was creating neighborhood anxiety. Following discussion, Member Bennett made a motion, seconded
by Member Brindle, modifying the Council's previous decision by retaining parking on the residential
(north) side of the northern portion of Lakeview Drive while continuing to eliminate parking on the
south (lake) side of the northern portion of Lakeview Drive to accommodate construction of
stormwater-filtering swales to help improve Lake Harvey water quality.
Ayes: Bennett, Brindle,Sprague, Hovland
Motion carried.
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
9:17 p.m.
Respectfully submitted,
Debra A. ngen, Cit Cle
Minutes approved by Edina City Council,April 19, 2011.
I
James B. Hovland, Mayor
Video Copy of the April 5, 2011, meeting available.
Page 6