HomeMy WebLinkAbout2003-01-07 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JANUARY 7,2003
7:00 P.M.
OATHS OF OFFICE ADMINISTERED City Clerk Mangen administered the Oath of Office to
Council Members Scot A. Housh and James B. Hovland elected for terms of four years to
January 1, 2007.
ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor
Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded
by Member Hovland approving the Council Consent Agenda as presented.
Rollcall:
Ayes: Housh,Hovland, Kelly, Masica, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF DECEMBER 17, 2002, AND SPECIAL
MEETING OF DECEMBER 26, 2002, APPROVED Motion made by Member Masica and
seconded by Member Hovland, approving the Minutes of the Regular Meeting of the Edina
City Council for December 17,2002, and Special Meeting of December 26,2002.
Motion carried on rollcall vote-five ayes.
ORDINANCE NO. 2002-10 GRANTED FIRST READAING - AMENDING SECTION 900
AND SECTION 1230 OF CITY CODE TEMPORARY SALE OF LIQUOR Mr. Hughes
reviewed the modifications made to the proposed liquor code amendments section by section
as follows:
• Section 5: Clarified that an organization cannot possess both a temporary intoxicating
liquor license and a temporary 3.2 on-sale license at the same time
• Section 6: Based upon Council direction, the Ordinance retains more restrictive eligibility
requirements for a temporary on-sale 3.2 percent license. However, the section
was modified to include no-profits organized to promote business in the
community.
• Section 7: Defined "location" for the purpose of issuing temporary license.
• Section 8: Deleted requirement for alcohol awareness training but imposed a requirement
that all servers be at least 21 years of age.
• Section 12 Provides that a bond or letter of credit or cash deposit in the amount of$5,000
must be provided in connection with the use of City property for a temporary
on-sale intoxicating liquor license.
Member Masica noted that she believed Section 1 needed to have intoxicating malt liquor
license added to it. Mr. Hughes stated this would be done.
Public Comment
Kathy Iverson, 5410 York Avenue South, Chair of the Edina Chemical Health
Partners.explained that the Edina Chemical Health Partners at their December 19, 2002
meeting formally voted to oppose the proposed amendments to the City's Liquor Code. The
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Minutes/Edina City Council/Tanuary 7,2003
group opposes the ordinance amendment on principal. Ms. Iverson said they did not feel
passage of this ordinance was in keeping with the mission of Edina Chemical Health Partners.
She urged the Council to not change their ordinance which would send a strong message to
youth about alcohol use.
Gene Persha, 6917 Cornelia Drive, stated he was representing himself. Mr. Persha said he has
been a teacher and coach his entire life and recently has become involved in counseling of
inmates with chemical issues. He expressed concern with the proliferation of alcohol in
society. There are numerous sources of pressure on high school youth that urge alcohol in
order to have a good time. Mr. Persha said the City Council has the opportunity to continue a
fun event without alcohol. He pointed out that the Cities of Stillwater, Hopkins and Excelsior
all have summer time events without allowing the use of alcohol. Mr. Persha also objected to
the use of City property
Mark Peterson, 6604 Indian Hills Road expressed his concern about the present version of the
code amendment not prohibiting outside containers or preventing minors from being present
in the area where alcohol can be served. Mr. Hughes responded that it was felt that parents
may want to have a beer, but have children too young to be left alone.
Member Kelly stated that while he appreciated the concerns expressed he also believed that if
Edina did not permit the temporary licenses they would still happen,just in Minneapolis. He
said he would feel better with Edina regulating the licenses. Member Kelly expressed his
agreement with allowing the Police Chief the ability to impose management procedures to fit
the venue requesting the license.
The Council discussed the concerns expressed with signage and consensus was the proposed
amendment should be modified to allow Council review of signage when granting permits.
They agreed that alcohol should regulated and not demonized.
Member Kelly made a motion granting first reading to Ordinance No. 2002-10 amending
Section 900 - Sale of Liquor and Wine; License, Section 1230 - Conduct in Parks and Public
Places and Section 185 - Fees and Charges with two changes as follows: 1) add
"intoxicating malt liquor" to Section 1; Paragraph F of Subsection 900.04; and 2) add a new
paragraph to subsection 1230.08 Special Permits for Temporary Liquor Licenses requiring
Council review of signage for venues to be held on city owned property. Member Housh
seconded the motion.
Rollcall:
Ayes: Housh,Hovland, Kelly, Masica, Maetzold
Motion carried.
*BID AWARDED FOR METER READING VAN FOR UTILITY DEPARTMENT Motion
made by Member Masica and seconded by Member Hovland for award of bid for Meter-
reading van for the Utility Department to recommended bidder, Thane Hawkins Polar
Chevrolet under Hennepin County Contract#1109A2-232 at$18,647.00.
Motion carried on rollcall vote -five ayes.
*BID AWARDED FOR 2003 CHEVROLET S-10 BLAZER FOR UTILITY DEPARTMENT
Motion made by Member Masica and seconded by Member Hovland for award of bid for
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Minutes/Edina City Council/Tanuary 7,2003
2003 Chevrolet S-10 Blazer for the Utility Department to recommended bidder, Hinckley
Chevrolet under State of Minnesota Purchasing Contract#430023,at$20,560.16.
Motion carried on rollcall vote - five ayes.
APRIL 14, 2003, DATE SET FOR BOARD OF APPEALS AND EQUALIZATION Mr.
Hughes indicated that each year, on or before February 15th, the County Assessor must give
written notice to the City Clerk of the day and time when the Board of Appeals and
Equalization shall meet. He explained that a date must be chosen between April 1 and May
31, of each year and the Board has twenty days from the date of the initial hearing to complete
their business.
Following a brief discussion, Council consensus was that April 14, 2003, at 5:00 P.M. would be
set for the Board of Appeals and Equalization.
Member Housh made a motion setting April 14, 2003, as date for Board of Appeals and
Equalization at 5:00 P.M. Member Masica seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
'RESOLUTION NO. 2003-07 - RENEWAL OF 2003 AGREEMENT WITH HENNEPIN
COUNTY FOR ASSESSING COMPUTERIZATION Member Masica introduced the
following resolution seconded by Member Hovland and moved its adoption:
RESOLUTION NO. 2003-7
A RESOLUTION AUTHORIZING
EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY
FOR ACCESS BY THE CITY OF COMPUTERIZED DATA FILES
WHEREAS, Hennepin County has submitted an Agreement (Contract No. A021021) to the
City of Edina requesting execution by the Mayor and City Manager, allowing the City of
Edina access to the Hennepin County computerized data files;and
WHEREAS, the Agreement (Contract No. A021021) rates went into effect on January 1, 2003,
and will remain in effect until December 31,2003.
NOW,THEREFORE, the Edina City Council has authorized the Mayor and City Manager to
sign the Agreement and return a certified copy to Hennepin County.
ADOPTED this 7th day of January 2003.
Motion carried on rollcall vote -five ayes.
CAPITAL IMPROVEMENT PLAN 2003-2007 ADOPTED Mr. Hughes stated the Council at
their 5:30 work session had reviewed in detail the 2003-2007 Capital Improvement Plan.
Member Hovland asked if the Edina Community Foundation had been approached to aid the
Edina Art Center with the purchase of a kiln. Park Director Keprios said that he would look
into this item. Member Housh said that he thought the plan as presented was well thought
out and was excellent. He stated he appreciated the conservative approach taken in
developing the plan. Member Hovland and Mayor Maetzold agreed. Member Kelly
complimented staff on the process followed in developing the five-year capital plan. Mr.
Hughes complimented Assistant Finance Director Peggy Gibbs for her work in pulling the
information from the various departments into the comprehensive document presented to the
Council.
Member Housh made a motion, seconded by Member Kelly to adopt the 2003-2007
Comprehensive Plan as presented.
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Minutes/Edina City Council/ianuary 7,2003
Ayes: Housh,Hovland, Kelly,Masica,Maetzold
Motion carried.
*RESOLUTION NO. 2003-03, DESIGNATION OF DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN RATE AUTHORITY Member Masica introduced the
following resolution seconded by Member Hovland and moved its adoption:
RESOLUTION NO.2003-03
DESIGNATING DIRECTOR
AND ALTERNATE DIRECTOR TO
SUBURBAN RATE AUTHORITY
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: John C.
Wallin is hereby designated to serve as a Director of the Suburban Rate Authority, and
Margaret (Peggy) Gibbs is hereby designated to serve as Alternate Director of the Suburban
Rate Authority for the year 2003 and until their successors are appointed.
ADOPTED this 7th day of January,2003.
Motion carried on rollcall vote-five ayes.
*RESOLUTION NO. 2003-04, DESIGNATION OF DIRECTOR/ALTERNATE DIRECTOR
TO LOGIS Member Masica introduced the following resolution seconded by Member
Hovland and moved its adoption:
RESOLUTION NO. 2003-04
DESIGNATING DIRECTOR
AND ALTERNATE DIRECTOR
TO LOGIS
BE IT RESOLVED by the City Council of the City of Edina Minnesota, as follows: John C.
Wallin is hereby designated as a Director of LOGIS and Eric R. Anderson is hereby
designated as Alternate Director of LOGIS for the year 2003, and until their successors are
appointed.
ADOPTED this 7th day of January,2003.
Motion carried on rollcall vote-five ayes.
*RESOLUTION NO. 2003-01, DESIGNATION OF OFFICIAL NEWSPAPER Member
Masica introduced the following resolution seconded by Member Hovland and moved its
adoption:
RESOLUTION NO.2003-01
RESOLUTION DESIGNATING
THE EDINA SUN-CURRENT AS
OFFICIAL NEWSPAPER
BE IT RESOLVED by the City Council of the City of Edina,Minnesota, that the Edina Sun-
Current be and is hereby designated as the Official Newspaper for the City of Edina for the
year 2003.
ADOPTED this 7th day of January,2003.
Motion carried on rollcall vote-five ayes.
*RESOLUTION NO. 2003-02, SIGNATORY RESOLUTION Member Masica introduced the
following resolution seconded by Member Hovland and moved its adoption:
RESOLUTION NO.2003-02
SIGNATORY RESOLUTION
BE IT RESOLVED that persons holding office as Mayor, Manager and Treasurer of the City
of Edina,be,and they hereby are authorized to act for this municipality in the transaction of
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Minutes/Edina City Council/Tanuary 7,2003
any banking business with Crown Bank, Excel Bank, Fidelity Bank, Firstar Bank, Marshall
& Ilsley Bank (formerly known as National City Bank/Southdale Office), TCF National
Bank, U.S. Bank, Wells Fargo Bank, and Western Bank, (hereinafter referred to as the
"Bank") from time to time and until written notice to any Bank to the contrary, to sign
checks against said accounts, which checks will be signed by the Mayor, Manager and City
Treasurer. Each Bank is hereby authorized and directed to honor and pay any checks
against such account if signed as above described, whether or not said check is payable to
the order of, or deposited to the credit of, any officer or officers of the City, including the
signers of the check.
ADOPTED this 7th day of January,2003.
Motion carried on rollcall vote -five ayes.
*RESOLUTION NO. 2003-05, FACSIMILE SIGNATURE RESOLUTION Member Masica
introduced the following resolution, seconded by Member Hovland and moved its
adoption:
RESOLUTION NO. 2003-05
AUTHORIZING USE OF
FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
RESOLVED that the use of facsimile signatures by the following named persons:
DENNIS F. MAETZOLD - Mayor
GORDON L. HUGHES - City Manager
JOHN WALLIN -Treasurer
on checks, drafts, warrants, warrant-checks, vouchers or other orders of public funds
deposited in Crown Bank, Excel Bank, Fidelity Bank, Firstar Bank, Marshall & Ilsley Bank
(formerly known as National City Bank/Southdale Office), TCF National Bank, U.S. Bank,
Wells Fargo Bank and Western Bank, be and hereby are approved, and that each of said
persons may authorize said depository banks to honor any such instrument bearing his
facsimile signature in such form as he may designate and to charge the same to the account
in said depository bank upon which drawn as fully as though it bore his manually written
signature and that instruments so honored shall be wholly operative and binding in favor
of said depository bank although such facsimile signature shall have been affixed without
his authority.
ADOPTED this 7th day of January,2003.
Motion carried on rollcall vote -five ayes.
*RESOLUTION NO. 2003-06, DESIGNATING OFFICIAL DEPOSITORIES Motion made
by Member Masica and seconded by Member Hovland and moved its adoption:
RESOLUTION NO. 2003-06
DESIGNATING DEPOSITORIES
BE IT RESOLVED that the Crown Bank, Excel Bank, Fidelity Bank, Firstar Bank, TCF
National Bank, U.S. Bank, Wells Fargo Bank and Western Bank, are authorized to do
banking business in Minnesota, be and are hereby designated as Official Depositories for
the Public Funds of the City of Edina, County of Hennepin, Minnesota, until January 1,
2004.
ADOPTED this 7th day of January,2003.
Motion carried on rollcall vote - five ayes.
RESOLUTION NO 2003-08, OFFICIAL DEPOSITORY - MARSHALL & ILSLEY BANK (M
& I BANK) Mayor Maetzold explained he would abstain from any discussion or final
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Minutes/Edina City Council/Tanuary 7,2003
approval of the resolution as he was an officer of Marshall and Ilsley Bank (M&I). Mayor pro-
tem Kelly conducted the business associated with this agenda item.
Motion made by Member Masica approving the following resolution:
RESOLUTION NO. 2003-08
DESIGNATING DEPOSITORY
BE IT RESOLVED that the M & I (Marshall & Ilsley Bank) Edina, MN, authorized to do
banking business in Minnesota, be and hereby is designated as an Official Depository for
the Public Funds of the City of Edina, County of Hennepin, Minnesota, until January 1,
2004.
ADOPTED this 7th day of January,2003. Member Hovland seconded the motion.
Ayes: Housh. Hovland, Kelly, Masica
Abstaining: Maetzold
Motion carried.
REQUEST RECEIVED FROM HUMAN RELATIONS COMMISSION TO REMOVE
PRESENTATION FROM AGENDA Mr. Hughes explained the Human Relations
Commission contacted staff and requested their presentation be removed from the January 7,
2003,Council Agenda.
RESOLUTION NO. 2003-9 - ORDER OF BUSINESS - COUNCIL MEETINGS Mr. Hughes
stated that at the conclusion of the December 7, 2002, Council Meeting, Council Members
mentioned their desire to relocate the "Finance" category to an earlier spot on the Agenda. Mr.
Hughes reported that City Code, Section 115 requires that "Council business will be
conducted in such an order as the Council shall determine from time to time by resolution".
Mr. Hughes recommended the Council adopt a resolution changing the order of the Agenda if
they want the order changed.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION NO. 2003-9
A RESOLUTION CHANGING THE
ORDER OF BUSINESS FOR THE
EDINA CITY COUNCIL MEETINGS
BE IT RESOLVED that the Order of Business for the Edina City Council Meetings shall be
changed as follows:
Rollcall
I. Approval of Minutes
II. Public Hearings
III. Ordinances
IV. Award of Bid
V. Reports/Recommendations
VI. Finance
VII. Communications and Petitions
VIII. Concerns of Residents
IX. Intergovernmental Activities
X. Special Concerns of Mayor and Council
XI. Manager's Miscellaneous Items
XII. Adjourn of Meeting
ADOPTED this 7th day of January,2003.
Member Housh seconded the motion.
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Minutes/Edina City Council/Tanuary 7,2003
Ayes: Housh, Hovland,Kelly, Masica, Maetzold
Motion carried.
*CONFIRMATION OF CLAIMS PAID Member Masica made a motion and Member
Hovland seconded the motion approving payment of the following claims as shown in
detail on the Check Register dated December 19, 2002, and consisting of 28 pages: General
Fund $104,265.38; Communications Fund $11,155.87; Working Capital Fund $283,238.32;
Construction Fund $72,701.87; Art Center Fund $1,742.88; Golf Dome Fund $8,229.50;
Aquatic Center Fund $830.80; Golf Course Fund $7,032.28; Ice Arena Fund $37,031.14;
Edinborough/Centennial Lakes Fund $27,758.66; Liquor Fund $136,915.24; Utility Fund
$458,569.42; Storm Sewer Fund $25,398.10; $; TOTAL $1,174,869.46; and for approval of
payment of claims dated December 26, 2002, and consisting of 36 pages: General Fund
$260,101.29; CDBG Fund $1,203.00; Communications Fund $2,364.81;Working Capital Fund
$8,484.32; Construction Fund $529,696.79; Art Center Fund $17,755.36; Golf Dome Fund
$3,886.30; Golf Course Fund $4,842.30; Ice Arena Fund $1,033.95; Edinborough/Centennial
Lakes Fund $6,801.00; Liquor Fund $233,714.30; Utility Fund $31,976.19; Storm Sewer Fund
$5,595.10; Payroll Fund $400,000.00; TOTAL $1,507,454.71; and for approval of payment of
claims dated January 2, 2003, and consisting of 26 pages: General Fund $90,694.34; CDBG
Fund $10,500.00; Communications Fund $7,660.28; Working Capital Fund $6,867.34; Aquatic
Center Fund $1,681.96; Golf Course Fund $8,101.22; Ice Arena Fund $4,321.81;
Edinborough/Centennial Lakes Fund $50.00; Liquor Fund $146,508.00; Utility Fund
$61,496.73; Storm Sewer Fund$11,515.13;TOTAL: $349,396.81.
Motion carried on rollcall vote -five ayes.
ORDINANCE NO. 2003-01 - UTILITY FEES AND CHARGES Mr. Hughes said that the
City's consultant, Progressive Consulting Engineers (PCE) have found the bonds proposed to
finance the projects on the City's Capital Improvement Plan can be funded with a 4% increase
in the City's water and sewer rates. Mr. Hughes added that staff has recommendation as
presented was differently that the PCE suggested. Staff recommended a simple 4% increase
for all meter sizes while PCE's suggestions was a sliding increase that depended upon the
meter size.
Mr. Hughes noted that the higher tiered water charge in the proposed ordinance was for the
portion of Edina using Minneapolis water. He said the City received notification from
Minneapolis they will be charging $2.36 per 100 cubic feet of water or a 13.4% from the 2002
rate. Mr. Hughes said staff recommended passing this increase on to the affected residents.
Member Housh made a motion approving Ordinance No. 2003-1, Utility Fees and Charges
for 2003:
SCHEDULE 2
ORDINANCE NO. 2003-1
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The following described fees of Schedule A to Code Section 185 are amended to
read as follows:
PURPOSE OF
SECTION SUBSECTION FEE/CHARGE AMOUNT
1100 1100.03 Subd. 2 Sewer Service:
- Single Family, To and including 1600
Town Houses, Two- cubic feet $31.45/quarter
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Minutes/Edina City Councilfianuaa 7,2003
Family Dwellings, from 1601 c.f. & over
Apartment building $1.97/100 c.f
with four or less
dwelling units
- Apartment building
with more than four $27.00 per quarter or
dwelling units. $1.97 per 100 c.f.
- Commercial and
industrial buildings, $35.50 per meter or $1.97
including schools and per 100 c.f.
churches
1100 1100.03 Subdivision 2 Water Service: 1. $0.73/100 c.f. for areas
of City, except areas
described below.
2. $2.36/100 c.f. for
Morningside area and
for east side of Beard
Av. from W. 54th St. to
Fuller St. and both sides
of Abbott Pl. from W
54th St. to Beard Av.
3. Excessive use charge
$0.24/100 c.f.
Up to 3/4 inch meter$8.91
qtr
1 inch meter-$12.12 qtr
1 1/4 inch meter - $13.83
qtr
1 1/2 inch meter - $15.56
qtr
2 inch meter-$25.06 qtr
3 inch meter-$95.14 qtr
4 inch meter-$121.10 qtr
Section 2.The effective date of this Ordinance shall be January 7,2003.
ATTEST:
City Clerk Mayor
Rollcall:
Ayes: Housh,Hovland, Kelly, Masica, Maetzold
Motion carried.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 8:20 P.M. 1
}
ity Clerk
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