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MINUTES <br /> OF THE EXECUTIVE SESSION OF THE <br /> EDINA CITY COUNCIL HELD AT CITY HALL <br /> AUGUST 3, 2009 <br /> 6:00 P.M. <br /> Mayor Hovland called the meeting to order at 6:00 p.m. in the Community Room of Edina City <br /> Hall. Answering rollcall were: Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. <br /> Staff present included: Gordon Hughes, City Manager; Heather Worthington, Assistant City <br /> Manager; Ceil Smith, Assistant to City Manager; Roger Knutson, City Attorney; Carey <br /> Teague, Planning Director; and Debra Mangen, City Clerk. <br /> Mayor Hovland stated the purpose of the meeting was to discuss the court's decision from <br /> the litigation between City of Edina and JMS Home Builders, builder of the house at 6120 <br /> Brookview Avenue. At the direction of the City Attorney, the meeting was not tape recorded. <br /> The Council discussed the court's decision and whether it should appeal the decision. They <br /> adjourned the closed session at 6:50 to be reconvened at the end of the regular meeting. <br /> At 8:45 Mayor Hovland reconvened the executive session in the Community Room of Edina <br /> City Hall. Answering rollcall were: Members Bennett, Brindle, Housh, Swenson and Mayor <br /> Hovland. Staff present included: Gordon Hughes, City Manager; Heather Worthington, <br /> Assistant City Manager; Ceil Smith, Assistant to City Manager; Roger Knutson, City <br /> Attorney; Carey Teague, Planning Director; and Debra Mangen, City Clerk. <br /> The Council discussed whether to accept the court's decision or to appeal the decision to a <br /> higher court. After a lengthy discussion, the City Council unanimously decided not to <br /> appeal the District Court's decision in the matter of JMS v City of Edina. Even though the <br /> Council disagreed with the Court's decision, the Council concluded that an appeal, if <br /> successful, would not result in the relocation of the existing home to a location that is <br /> materially better than its present location. <br /> This decision does not prejudice the City's close scrutiny of any subdivision or variance <br /> proposal or other improvements to the property that may be pursued in the future by the <br /> property owner. <br /> Mayor Hovland declared the meeting adjourned at 9:40 p.m. <br /> Respectfully submitted, <br /> Debra A. Mangen, CO Cle <br /> Minutes approved by Edina City Council, August 18, 2009. <br /> James B. Hovland, Mayor <br />