HomeMy WebLinkAbout2010-04-06 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
APRIL 6, 2010
7:05 P.M.
ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor
Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Swenson and seconded
by Member Brindle approving the Council Consent Agenda with the exceptions of Items
II.B., Contract PW-2010-1A: commodities purchase, and III.H., Resolution No. 2010-33
approving a Joint Powers Agreement with City of Minnetonka for Bren Road-Londonderry
Drive TH169 Interchange Project.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
*MINUTES APPROVED - REGULAR MEETING OF MARCH 16. 2010. AND WORK SESSIONS
1 AND 2 OF MARCH 16, 2010 Motion made by Member Swenson and seconded by Member
Brindle approving the minutes of the Regular Meeting of March 16, 2010, and Work
Sessions 1 and 2 of March 16, 2010.
Motion carried on rollcall vote-five ayes.
*AWARD OF BID - TWO FORD TRANSIT CONNECT VANS FOR ENGINEERING
DEPARTMENT Motion made by Member Swenson and seconded by Member Brindle
awarding the bid for two Ford transit connect vans for the Engineering Department to the
recommended low bidder, Elk River Ford Dodge Jeep at$41,370.56.
Motion carried on rollcall vote-five ayes.
AWARD OF BID - CONTRACT PW-2010-1A: COMMODITIES PURCHASE - SAND, ROCK,
BITUMINOUS MATERIALS, CONCRETE, AND WATER TREATMENT CHEMICALS The
Council clarified that the term for this bid was a period of one year from April 1, 2010, to March 31,
2011. Public Works Director Houle noted the Council had been provided with a corrected staff
report. Member Brindle made a motion, seconded by Member Swenson, awarding the bid
for Contract PW-2010-1A, for April 1, 2010 to March 31, 2011, commodities of sand, rock,
bituminous, materials, concrete, and water treatment chemicals to the recommended low
bidders as follows: coarse washed sand (delivered) to SA-AG at $7.00 per ton; coarse
washed sand (picked up) to SA-AG at $2.73 per ton; C1.2 limestone (delivered) to Kramer
Mining & Materials at $14.16 per ton; C1.2 limestone (picked up) to Kramer Mining &
Materials at $7.60 per ton; FA-2 seal coat chips (delivered) to Dresser Trap Rock, Inc. at
$39.40 per ton; FA-2 seal coat chips (picked up) to Dresser Trap Rock, Inc. at $26.90 per
ton; *asphalt 2350 Base Type 31 or 32 (picked up) to CS McCrossan at $40.00 per ton; or to
Commercial Asphalt (picked up) at $43.75 per ton, or to Bituminous Roadways (picked up)
at $46.00 per ton; or to Midwest Asphalt (picked up) at $51.95 per ton, or to Bituminous
Roadways (delivered) at$54.50 per ton, or to Midwest Asphalt(delivered) at$55.95 per ton;
*asphalt 2350 Base Type 41 or 42 to CS McCrossan (picked up) at $46.60 per ton, or to
Commercial Asphalt (picked up) at $47.10 per ton, or to Bituminous Roadways (picked up)
at $47.75 per ton, or to Midwest Asphalt (picked up) at $53.95 per ton, or to Bituminous
Roadways (delivered) at$56.25 per ton, or to Midwest Asphalt (delivered) at $57.95 per ton;
*asphalt 2350 Wear Type 41 or 42 to CS McCrossan (picked up) at $43.00 per ton, or to
Commercial Asphalt (picked up) at $43.25 per ton, or to Bituminous Roadways (picked up)
at $45.60 per ton, or to Midwest Asphalt (picked up) at $51.95 per ton, or to Bituminous
Roadway (delivered) at $54.10 per ton, or to Midwest Asphalt (delivered) at $55.95 per ton,
or to*asphalt 2360 Wear Type 31 or 32 to Commercial Asphalt(picked up) at$51.15 per ton,
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Minutes/Edina City Council/April 6, 2010
or to CS McCrossan (picked up) for $53.00 per ton, or to Midwest Asphalt (picked up) at
$58.00 per ton, or to Bituminous Roadways (picked up) at $63.70 per ton, or to Midwest
Asphalt (delivered) at $62.00 per ton, or to Bituminous Roadways (delivered) at $72.20 per
ton; delivered concrete 3+ yards to AVR, Inc. at$96.00 per cubic yard; delivered concrete 1-
3 yards to AVR, Inc. at $109.00 per cubic yard; emulsified asphalt CRS-2 to Flint Hill
Resources at $440.00 per ton; emulsified asphalt CRS-2P to Henery G. Meigs, LLC at
$510.00 per ton; emulsified tack oil to Flint Hill Resources at $450 per ton; crack joint sealer
#3725 to BrockWhite at $0.60 per pound; hydrofluosilicic acid to DPC Industries at $42.52
per CWT; liquid chlorine to DPC Industries at $35.60 per CWT; water treatment chemical
jp9jyj to DPC Industries at $6.40 per gallon; Tonkazorb 3% to Hawkins, Inc. at $7.65 per
gallon; caustic soda to Hawkins, Inc. at $42.75 per CWT; sanitary sewer R1733 cover
complete to Northern Waterworks at $228.50 each; storm sewer rnd. R2548 to Northern
Waterworks at $235.10 each; storm sewer rect. 3067V to Northern Waterworks at $354.40
each; casting only-sanitary sewer R1733 to Ess Brothers & Sons, Inc. (Alt. Bid) at $112.00
each; casting only-storm sewer rnd. R2548 to Ess Brothers & Sons, Inc. (Alt. Bid) at
$134.00 each; casting only-storm sewer rect. 3067V to Ess Brothers & Sons, Inc. (Alt. Bid)
at $112.00 each; lid only-sanitary sewer R1733 to Ess Brothers & Sons, Inc. (Alt. Bid) at
$260.00 each; lid only-storm sewer rnd. R2548 to Ess Brothers & Sons, Inc. (Alt. Bid) at
$120.00 each; lid only-storm sewer rect. 3067V to Ess Brothers & Sons, Inc. (Alt. Bid) at
$138.00 each; Lannon stone wall repair to Blackstone Contractors at $25.00 SF; Waterous
pacer classics to Northern Waterworks at $2,491.00 each; Clow medallion to Northern
Waterworks at $2,491.00 each. (*These items are awarded on basis of total cost per ton
including trucking and labor, and past year's performance.)
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
*AWARD OF BID — PAMELA PARK NEIGHBORHOOD ROADWAY IMPROVEMENTS
CONTRACT NO. ENG 10-2: IMPROVEMENT NOS. BA-360, SS-449, STS-358, AND WM-492
Motion made by Member Swenson and seconded by Member Brindle awarding the bid for
Pamela Park neighborhood roadway Improvement Contract No. ENG 10-2; Improvement
Nos. BA-360, SS-449, STS-358, and WM-492 to the recommended low bidder, Midwest
Asphalt Corporation at$1,515,279.90.
Motion carried on rollcall vote—five ayes.
*AWARD OF BID — BRAEMAR HILLS NEIGHBORHOOD RECONSTRUCTION CONTRACT
NO. ENG 10-4: IMPROVEMENT NOS. BA-359, BA-375, BA-376, SS-447, SS-455, SS-456, STS-
354, STS-367, STS-368, WM-489, WM-497, WM-498, L-54, AND L-56 Motion made by Member
Swenson and seconded by Member Brindle awarding the bid for Braemar Hills
neighborhood reconstruction Contract No. Eng 10-4; Improvement Nos. BA-359, BA-375,
BA-376, SS-447, SS-455, SS-456, STS-354, STS-367, STS-368, WM-489, WM-497, WM-498, L-
54, and L-56 to the recommended low bidder, Midwest Asphalt Corporation at$990,976.05.
Motion carried on rollcall vote—five ayes.
*AWARD OF BID — PARKWOOD KNOLLS NEIGHBORHOOD ROADWAY IMPROVEMENTS
CONTRACT NO. ENG 10-5: IMPROVEMENT NOS. BA-362, SS-451, STS-360, AND WM-494
Motion made by Member Swenson and seconded by Member Brindle awarding the bid for
Parkwood Knolls neighborhood roadway improvements Contract No. ENG 10-5;
Improvement Nos. BA-362, SS-451, STS-360, and WM-494 to the recommended low bidder,
Northwest Asphalt, Inc. at$946,661.10.
Motion carried on rollcall vote—five ayes.
*AWARD OF BID — INTERLACHEN CIRCLE AND BLUFF NEIGHBORHOOD ROADWAY
IMPROVEMENTS, CONTRACT NO. ENG 10-6: IMPROVEMENT NOS. BA-361, BA-374, SS-
450, SS-458, STS-359, STS-371, WM-486, AND WM-493 Motion made by Member Swenson
and seconded by Member Brindle awarding the bid for Interlachen Circle and Bluff
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Minutes/Edina City Council/April 6, 2010
neighborhood roadway improvements, Contract No. ENG 10-6; Improvement Nos. BA-361,
BA-374, SS-450, SS-458, STS-359, STS-371, WM-486, and WM-493 to the recommended low
bidder, Omann Brother's Paving, Inc. at $233,518.15.
Motion carried on rollcall vote —five ayes.
With regard to the neighborhood roadway improvement and reconstruction projects, Manager
Hughes advised the bids received were 15-20% below the engineer's cost estimate at the time of
the public hearings. The Council expressed their pleasure with the low bids.
*AWARD OF BID — MULTI-PURPOSE ROOM FURNITURE FOR PUBLIC WORKS BUILDING
Motion made by Member Swenson and seconded by Member Brindle awarding the bid for
multi-purpose room furniture for Public Works Building to the recommended low bidder,
Alternative Business Furniture, Inc. at$43,818.42.
Motion carried on rollcall vote—five ayes.
*AWARD OF BID—OFFICE FURNITURE FOR NEW PUBLIC WORKS BUILDING Motion made
by Member Swenson and seconded by Member Brindle awarding the bid for office furniture
for new Public Works Building to the recommended low bidder, S&T Office Interiors at
$87,984.55.
Motion carried on rollcall vote—five ayes.
ORDINANCE NO. 2010-05 ADOPTED — AMENDING SECTION 850 FRONT STREET
SETBACKS Planning Director Teague stated the action before the Council was second reading of
an ordinance amendment to Section 850, front street setbacks. He reviewed the revisions
requested by the Council that were reflected in the ordinance. The Council and Mr. Teague
discussed examples for determining the front setback under different scenarios. City Attorney
Knutson explained how the front setback would be determined for the JMS lot under the
amendment language. The Council requested changes: to i nd icate:"dwelling units" at the end of
subdivision 7A1; to use consistent language with reference to cul-de-sacs, intersections and dead
ends; and, just before Section 4 to add an "s" to the word "dwelling unit." Member Brindle made
a motion, seconded by Member Bennett, to waive Second Reading adopting Ordinance No.
2010-05, amending the City Code concerning the regulation of front street setbacks in the
R-1, Single-Dwelling Unit District with noted changes.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
ORDINANCE NO. 2010-07 ADOPTED — AMENDING SECTION 460 SIGN ORDINANCE
CONCERNING NONCOMMERCIAL SIGNS Mr. Hughes recommended adoption of the
amendment to the Sign Ordinance, Section 460, concerning noncommercial signs to be consistent
with the newly-enacted State law moving the State Primary to the second Tuesday in August of
General Election years to allow military and overseas voters 46 days in which to cast absentee
ballots. The Council and City Attorney discussed how the signs would be defined and restricted
during this 46-day time period noncommercial signs would be allowed during General Election
years.. Member Swenson made a motion, seconded by Member Brindle, to grant First and
waive Second Reading adopting Ordinance No. 2010-07, amending the Edina City Code
concerning noncommercial signs.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
EDINA FILM FESTIVAL SUPPORTED Park and Recreation Director Keprios presented the
recommendation of the Edina Art Center Board that the Edina Art Center sponsor an Edina Film
Festival in October of 2010 at the Landmark Edina Theater. He applauded the Board's work and
for making this recommendation.
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Minutes/Edina City Council/April 6, 2010
John Swon, 7700 Cahill Road, Apt. 209, Art Center Board Member, presented the Board's
recommendation to hold its first Edina Film Festival. He stated this would be a partnership
between the Art Center Board and Edina's business community and advised that the 50th and
France Business Association had graciously committed to underwrite any fundraising gap in the
rental of the Edina Cinema. Mr. Swon stressed that the Film Festival would only be held if private
donations and sponsorships assumed all financial risk associated with this event.
The Council and Mr. Swon discussed that this local festival would be held in the Fall when there
were no competing art festivals. The Council congratulated the Art Center Board for its work to
assure the Film Festival was self sustaining, noting it would expand the reach of the Edina Art
Center. Mr. Swon explained that should funds raised exceed expenses, a fund would be
established through the Edina Community Foundation and used the following year. He reviewed
the items that could be scaled back should adequate funds not be raised. The Council discussed
that the Art Center Board operated under the auspices of the City of Edina so funds raised by the
public should remain in the public sphere. Member Housh made a motion, seconded by
Member Swenson, supporting the Edina Film Festival proposal subject to submission of
adequate financial documentation, and that funds raised in excess of budgeted amounts
would go back to the Edina Art Center Board.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
RESOLUTION NO. 2010-32 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. 2010-32 accepting various
donations. Member Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
EDINA PURCHASING POLICY UPDATE APPROVED Assistant Finance Director Roggeman
reviewed the previously suggested changes to the proposed Purchasing Policy which included:
changing the level of purchase that would require Council approval from $15,000 to $20,000;
changing the competitive bidding level from either $25,000 or $35,000 (depending on the project
type) to $100,000 for all projects; and changing the level that requires quotes from $2,500 to
$10,000 while encouraging quotes for purchases at levels below that threshold. He also
addressed questions raised by the Council and reviewed the City Attorney's recommendation to
delete the sentence referencing personal liability of Council Members. Mr. Roggeman stated the
justification for the recommended amendments was to provide flexibility and efficiency, not just
because of inflation. He reviewed the pros and cons of each purchasing process: competitive
bidding, quotation, and cooperative purchasing. It was noted that the existing internal controls
would remain in place.
The Council thanked staff for providing additional information and making changes to improve the
proposed Purchasing Policy. The Council discussed whether State Statute language should be
included to provide clarity and specificity. City Attorney Knutson stated it was the Council's
decision, but he felt the proposed policy would not conflict with State Statute. Staff stated any
purchase must be approved by the Finance Director and City Manager, and purchases over
$20,000 required Council approval.
Member Bennett stated her preference for tighter language that was consistent with State
Statutes. The majority of the Council indicated a comfort level with the recommended revision
based on the recommendation of the City Attorney and since the Finance Director and department
heads looked aggressively at their budgets. It was noted the recommended language was more
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Minutes/Edina City Council/April 6, 2010
restrictive than State Law. The Council and City Attorney Knutson compared the policy language
with State Statutes.
Mr. Hughes advised that due to the restrictive requirements for sealed bids, the city was possibly
not soliciting as wide a vendor response as desired. He said staff felt the recommended language
would expand the arena of vendors. Following discussion, Council pointed out corrections to the
proposed policy: page 3, subsection C.i., change the word "received" to "obtained," page 5,
second to last line, to indicate City Manager or Finance Director, and Appendix A, vendor,
the second "e" should be an "o." Member Housh made a motion, seconded by Member
Swenson, approving the updated Edina Purchasing Policy, with noted corrections.
Ayes: Brindle, Housh, Swenson, Hovland
Nays: Bennett
Motion carried.
*HEARING DATE SET (APRIL 20, 2010) ORDINANCE NO. 2010-08 BUILDING HEIGHT
OVERLAY DISTRICT Motion made by Member Swenson and seconded by Member Brindle
setting public hearing date of April 20, 2010, for Ordinance No. 2010-08, amending Section
850 to add building height overlay district.
Motion carried on rollcall vote—five ayes.
*PORTION OF WEST 69 .. STREET MOVED TO 2010 IN CAPITAL IMPROVEMENT PROGRAM
Motion made by Member Swenson and seconded by Member Brindle authorizing that the
northerly portion of West 69th Street from France Avenue to York Avenue to be moved up
within the Capital Improvement Program from 2011 to summer of 2010.
Motion carried on rollcall vote—five ayes.
RESOLUTION NO. 2010-33 ADOPTED — APPROVING JOINT POWERS AGREEMENT WITH
CITY OF MINNETONKA FOR BREN ROAD — LONDONDERRY DRIVE TH169 INTERCHANGE
PROJECT Mr. Houle presented staff's recommendation to approve a Joint Powers Agreement
(JPA) with the City of Minnetonka to remove and replace the bridge over TH169 at Londonderry
Drive and Bren Road. He advised there would be no cost to Edina and traffic would not increase
into the Parkwood Knolls development as a result of this project.
Lee Gustafsen, Minnetonka City Engineer, stated his appreciation to Edina's staff for working with
Minnetonka to create this project and assure minimal impacts to both cities. Following discussion,
Council consensus was reached to amend the JPA, Item 7, to indicate: "...subsequent to the
completion of the interchange project." Member Swenson introduced and moved adoption of
Resolution No. 2010-33, approving a Joint Powers Agreement with the City of Minnetonka
for the Bren Road— Londonderry Drive and TH169 Interchange Project, as amended.
Member Bennett seconded the motion.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
COMMUNITY COMMENT
No one appeared to comment.
*CONFIRMATION OF CLAIMS PAID Motion made by Member Swenson and seconded by
Member Brindle approving payment of the following claims as shown in detail on the
Check Register dated March 18, 2010, and consisting of 30 pages: General Fund
$156,183.79; Communications Fund $7,848.68; Police Special Revenue $400.00; Working
Capital Fund $11,119.23; Construction Fund $15,609.48; Art Center Fund $16,611.51; Golf
Dome Fund $21,797.27; Aquatic Center Fund $39.23; Golf Course Fund $62,722.19; Ice
Arena Fund $52,217.13; Edinborough/Centennial Lakes Fund $15,634.90; Liquor Fund
$162,400.26; Utility Fund $56,791.92; Storm Sewer Fund $1,542.17; Recycling Fund
$38,318.60; PSTF Agency Fund $16,848.99; TOTAL $636,085.35 and for approval of
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Minutes/Edina City Council/April 6, 2010
payment of claims dated March 25, 2010, and consisting of 24 pages: General Fund
$269,901.26; Communications Fund $1,336.14; Working Capital Fund $729,057.34; Art
Center Fund $852.06; Golf Dome Fund $198.23; Aquatic Center Fund $80.85; Golf Course
Fund $36,090.08; Ice Arena Fund $108,175.04; Edinborough/Centennial Lakes Fund
$10,536.84; Liquor Fund $135,092.24; Utility Fund $33,482.09; Storm Sewer Fund
$16,202.73; Recycling Fund $32.44; PSTF Agency Fund $1,302.99; TOTAL $1,342,340.33;
and, for approval of payment of claims dated April 1, 2010, and consisting of 29 pages:
General Fund $107,960.62; Communications Fund $7,311.39; Working Capital Fund
$7,557.28; Art Center Fund $29,803.40; Golf Dome Fund $1,781.04; Golf Course Fund
$79,648.47; Ice Arena Fund $689.47; Edinborough/Centennial Lakes Fund $2,608.04; Liquor
Fund $150,196.48; Utility Fund $10,339.67; PSTF Agency Fund $5,761.53; TOTAL
$403,657.39; and, Credit Card Transactions dated February 26, 2010 — March 25, 2010;
TOTAL $4,564.40.
Motion carried on rollcall vote—five ayes.
2009 YEAR-END TRANSFERS APPROVED Mr. Roggeman stated the 2009 audit was currently
underway. He explained that based upon the preliminary 2009 year end financials, Edina finished
2009 with a surplus. He gave staff's recommendation to transfer $700,000 to the Construction
Fund per the Fund Balance Policy.k In addition, Mr. Roggeman stated staff recommended dividing
$300,372 (in excess TIF collections received during 2009) evenly between the Braemar Arena, Art
Center, and Braemar Golf Enterprise Funds. The Council discussed the 2009 surplus noting it
resulted from: tight management of the 2009 Budget, voluntary staff furloughs, deferred
maintenance and delaying of equipment purchases. Mr. Hughes addressed the issue of recession
sensitive enterprises such as the golf and arena businesses and the Art Center.
The Council commended staff for its work to monitor the budget. Discussion ensued regarding
operating costs and loss of revenues for the Braemar Golf Course, Braemar Arena, and the Art
Center. It was noted that liquor funds had been historically transferred to assisting in covering the
operating losses. Mr. Roggeman stated staff recommended the TIF excess revenue be divided
evenly to show bond rating agencies that the City was addressing all three facilities. Finance
Director Wallin advised the last debt service payment for Braemar Golf Course would be the first
day of business, 2013.
The Council discussed allocation of surplus funds. Member Bennett stated that her analysis of the
transfer request had benefited from a review of the operating budget of the three enterprise
facilities. She asked that enterprise facility budgets be included in annual budget presentations
and review to comply with Minnesota Statutes and to help residents understand the City's financial
needs, challenges and decision-making. Mr. Hughes indicated that enterprise financial statements
are audited and reported in the Comprehensive Annual Financial Statement of the City. He added
enterprise funds business plans were reviewed bi-annually with the Council. The Council agreed
that staffs recommendations clearly related to maintenance of the City's AAA bond rating.
Member Housh made a motion, seconded by Member Brindle, authorizing transfer of
$700,000 to the Construction Fund and $300,372 as revenue evenly split between Braemar
Arena, the Art Center, and Braemar Golf Enterprise Funds.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
REQUEST OF CYPRESS EQUITIES TO AMEND LIQUOR ORDINANCE REFERRED TO
STAFF Mr. Hughes presented the request of Cypress Equities to amend the Liquor Ordinance to
permit issuance of an intoxicating liquor license to a full-service restaurant that features bowling
and bocce ball. He advised that it had been the practice of the Council to hold a public hearing to
entertain such a request, though it was not a State Statute requirement. The Council discussed
the request and agreed with the need to assure a balance between an amenity for the broader
community and potential impacts to nearby residents. Member Brindle made a motion,
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Minutes/Edina City Council/April 6, 2010
seconded by Member Swenson, referring the request of Cypress Equities to the City
Attorney and to discuss the matter further at the May 4, 2010, Council meeting.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried,
PERSONNEL DECISIONS INTERNATIONAL HIRED AS CONSULTANT FOR CITY MANAGER
SEARCH Member Housh made a motion, seconded by Member Swenson, directing the City
Attorney to draft a contract for services aid in hiring a new City Manager to the Personnel
Decisions International, per proposal.
Ayes: Bennett, Brindle, Housh, Swenson, Hovland
Motion carried.
There being no further business on the Council Agenda, Mayor Hovland declared the meeting
adjourned at 9:13 p.m.
Respectfully submitted,
JJ2 � a f F I
ebr A. ange ity CI k
Minutes approved by Edina City Council, April 20, 2010.
JamA 8. Hovland, Mayor
Video Copy of the April 6, 2010, meeting available.
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