HomeMy WebLinkAbout2003-01-21 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JANUARY 21,2003
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Masica and Mayor
Maetzold. Member Kelly entered the meeting at 7:20 P.M.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and
seconded by Member Housh approving the Council Consent Agenda as presented with
the exception of Agenda Item IV.B. Two Mid-Sized Unmarked Police Cars, and Agenda
Item V.J. Technical Correction of Minutes.
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF JANUARY 7, 2003, AND SPECIAL
MEETING OF DECEMBER 23, 2002, APPROVED Motion made by Member Hovland
and seconded by Member Housh, approving the Minutes of the Regular Meeting of the
Edina City Council for January 7,2003, and Special Meeting of December 23,2002.
Motion carried on rollcall vote -four ayes.
*PUBLIC HEARING DATE SET OF FEBRUARY 4, 2003, FOR DESIGNATION OF
HERITAGE LANDMARKS Motion made by Member Hovland and seconded by
Member Housh setting February 4, 2003, as hearing date for the Designation of Heritage
Landmarks.
Motion carried on rollcall vote -four ayes.
ORDINANCE NO. 2002-10 ADOPTED - AMENDMENTS TO SECTION 900 AND
SECTION 1230 OF CITY CODE Manager Hughes explained the modifications made to the
proposed ordinance amendment at Council's direction when they granted First Reading.
He said that "intoxicating malt liquor" was added to the definition of "temporary on-sale
intoxicating liquor licensee." Secondly, permits for use of City property include restrictions
with respect to signage. Applicants must submit scaled drawings showing proposed
signage and requiring City Council review of same when granting any permit for use of
City property. Mr. Hughes pointed out that the proposed ordinance would not regulate
signage of any license granted for use on private property.
Member Mascia said it should be remembered that the serving of alcohol will be secondary
to the Art Fair,not the primary focus.
Member Hovland commented that he was more comfortable with the proposed ordinance
amendment after having more time to digest it. He noted that the ordinance can always be
amended again if it proves necessary after monitoring events at which temporary licenses
have been granted.
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Minutes/Edina City Council/lanuary 21,2003
Mayor Maetzold said it should be remembered that responsible use of alcohol would not
constitute irresponsible behavior. When used responsibly, alcohol is not a demon. Mayor
Maetzold agreed with Member Hovland that the ordinance could be reviewed and
modified as deemed necessary.
Public Comment
Mayor Maetzold noted receipt of a letter from Paulette Hutton, 6316 Halifax Avenue South,
expressing her concern with granting a permit for temporary liquor license at the Edina Art
Fair because it has always been a family event. She stated she did not see the need to serve
beer in the middle of the event.
Kathy Iverson, 5410 York Avenue, Chair of Edina Chemical Health Partners, urged careful
consideration of any permit located on City property, especially rigid review of location of
proposed fencing. Ms. Iverson expressed concern that the entire parking area behind
D'Amico be taken for a beer garden since many young people from near by residential
areas have in the past ridden bikes to the Art Fairs and used that area to park and hang out.
Member Housh stated he felt the City should take control of the issue so they could monitor
and control how liquor was served.
Member Housh moved approval of Edina Ordinance No. 2002-10 as follows:
EDINA ORDINANCE NO. 2002-10
An Ordinance Amending Section 900 - Sale of Liquor and Wine;
Licensing, Section 1230- Conduct in Parks and Public Places
And Section 185- Fees and Charges
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Paragraph F. of Subsection 900.04 is amended as follows:
F. Temporary On-Sale Intoxicating Liquor License - permits the on-sale of 3.2
percent malt liquor, intoxicating malt liquor, wine and intoxicating liquor at events
sponsored by certain organizations. Not more than two such licenses shall be issued to
the same organization or corporation in a calendar year with at least 30 days between
issue dates. Each license shall be issued for not more than three consecutive days. The
City Council may restrict such licenses to the sale of 3.2 percent malt liquor, intoxicating
malt liquor or wine only."
Section 2. Paragraph G. of Subsection 900.04 is amended as follows:
"G. Temporary On-Sale 3.2 Percent Malt Liquor License - permits the on-sale of
3.2 percent malt liquor at events sponsored by certain organizations. Not more than two
such licenses shall be issued to the same organization or corporation in a calendar year
with at least 30 days between issue dates. Each license shall be issued for not more than
three consecutive days."
Section 3. Paragraph J. of Subsection 900.05 is amended to read as follows:
"J. In the case of an application for a Temporary On-Sale 3.2 Percent Malt Liquor
License or a Temporary On-Sale Intoxicating Liquor License. The applicant shall provide
evidence satisfactory to the Clerk that the applicant complies with the requirements of
Subsection 900.08 as to being a qualified corporation or organization."
Section 4. The second sentence of Subsection 900.06 is amended to read as
follows:
"The City Council shall conduct a public hearing on the application for a new On-
Sale Intoxicating Liquor License or a Temporary On-Sale Intoxicating Liquor License
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Minutes/Edina City CouncilAanuary 21, 2003
within a reasonable period following receipt of a complete application and completion
of the investigation required by Subsection 900.05."
Section 5. Paragraph L. of Subsection 900.08 is amended to read as follows:
"L. If for a Temporary On-Sale Intoxicating Liquor License, any organization
other than the Edina Chamber of Commerce, the 50th and France Business and
Professional Association, the Edina Community Foundation or the City. A holder of a
Temporary On-Sale Intoxicating Liquor License shall not be eligible to hold a
Temporary On-Sale 3.2 Percent Malt Liquor License during all or part of the same license
term."
Section 6. Paragraph M. of Subsection 900.08 is amended to read as follows:
"M. If for a Temporary On-Sale 3.2 Percent Malt Liquor License, any person who
is not a non-profit corporation or organization that has been in existence for at least three
years where the serving of alcoholic beverages is incidental to and not the main purpose
of the organization and which is organized for i) charitable or religious purposes for
which gifts are deductible from the income of the donor under the Internal Revenue
Code of 1986, as now enacted or as supplemented or amended, ii) service to the nation,
state or community, iii) social purposes, iv) promotion of sports,v) promotion of persons
to elective office, or vi) promotion of business within the community. A holder of a
Temporary On-Sale 3.2 Percent Malt Liquor License shall not be eligible to hold a
Temporary On-Sale Intoxicating Liquor License during all or part of the same license
term."
Section 7. Subsection 900.09 is amended by providing a new Subd. 6 as follows:
"Subd. 6 Temporary Licenses. In addition to the requirements of Subd 1 of this
Subsection, not more than four Temporary On-Sale 3.2 Percent Malt Liquor licenses and
not more than two Temporary On-Sale Intoxicating Liquor Licenses shall be issued for
any one location in a calendar year with at least 30 days between issue dates. For
purposes of this paragraph, "location" shall mean a physical location within 1000 feet of
the perimeter of the premises first licensed in the calendar year.
Section 8. Section 900 is amended by adding a new Subsection 900.13 as follows:
"900.13 Special Requirements for Temporary Licenses. In addition to the
requirements of Subsection 900.10 and Subd 4, Subd 6 and Subd 8 of Subsection 900.12,
the following special requirements apply to the sale of 3.2 percent malt liquor, wine and
intoxicating liquor sold pursuant to a Temporary On-Sale 3.2 Percent Malt Liquor
License or a Temporary On-Sale Intoxicating Liquor License issued in accordance with
this Section:
Subd.1 Licensed Premises. The licensed premises must have a physical barrier
separating the licensed premises from other areas so as to prevent the passing of patrons
in locations other than through approved entrances and exits.
Subd. 2 Sales and Consumption. No sales or consumption of alcoholic beverages
shall be permitted beyond the licensed premises.
Subd. 3 Manager. The Council may require that the licensed premises be under
the direct supervision of a manager approved by the Police Chief. In approving the
qualifications of the manager, the Police Chief shall consider the manager's experience
in overseeing the operation of an establishment or event that serves alcoholic beverages.
Subd. 4 Police Protection. If required by the Council, the applicant shall provide,
at the applicant's expense, policing of the license premises by security personnel
approved by the Police Chief.
Subd.5 Age of Servers. For a Temporary On-Sale Intoxicating Liquor License, all
persons engaged in the service of alcoholic beverages must be not less than 21 years of
age.
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Minutes/Edina City CounciVf anuary 21,2003
Subd. 6 Hours of Sale and Consumption. In addition to the provisions of Subd. 7
and Subd. 8 of Subsection 900.10 of this Code, the Council may further restrict the sale
and consumption of alcoholic beverages pursuant to a temporary license to certain hours.
Subd. 7 Sale Prices. No licensee shall promote the consumption of alcoholic
beverages on the licensed premises by any means or methods which result in prices
which are less than those normally charged during the license term including, but not
limited to, two-for-one offers, happy hours, or other similar offers, prizes, coupons,
games or barters.
Subd. 8 Other Requirements. The City Council may impose other requirements
as it deems necessary to promote public safety.
Section 9. Subsections 900.13, 900.14, 900.15 and 900.16 are respectively
renumbered Subsections 900.14,900.15,900.16 and 900.17.
Section 10 Subparagraph 1b.of Paragraph O. of Subsection 1230.02 is amended to
read as follows:
"b. Inside the Edinborough Park building, the Centennial Lakes Park Centrum
building, the building at Arneson Acres Park, the Edina Art Center, the Edina Senior
Center and on decks, patios and other outdoor dining areas which are adjacent to such
buildings."
Section 11. Paragraph O. of Subsection 1230.02 is amended by adding a new
Subparagraph 5. as follows:
"5. Alcoholic beverages may be consumed on premises holding a Temporary On-
Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License
issued pursuant to Section 900 of this Code and which are authorized by a permit issued
pursuant to Subsection 1230.08 of this Code."
Section 12. Section 1230 of the Code is amended by adding a new Subsection
1230.08 as follows:
"1230.08 Special Permits for Temporary Liquor Licenses. The City Council may
issue a special permit to the holder of a Temporary On-Sale 3.2 Percent Malt Liquor
License or a Temporary On-Sale Intoxicating Liquor License issued pursuant to Section
900 of this Code for the purpose of occupying a park, street, sidewalk or publicly owned
property with a licensed premises. Applications for a special permit shall be made on
forms supplied by the Clerk and shall include a plan drawn to scale which illustrates the
exact location of the licensed premises and all proposed signs, including signs attached
to vehicles, that will be used to identify the licensed premises or to promote the sale of
alcoholic beverages. The application shall be accompanied by the fee set forth in Section
185 of this Code. In addition to the requirements of Section 160 of this Code, no permit
shall be issued pursuant to this Subsection unless the following requirements are met:
A. The City Council shall find that the issuance of the permit i.) will not be
detrimental to or endanger the public health, safety, morals and general
welfare, ii.) will not cause undue traffic hazards, congestion or parking
shortages and iii.) will not be injurious to the use and enjoyment, or decrease
the value of other property in the vicinity,and will not be a nuisance.
B. No signs or symbols of any kind shall be used to identify the licensed
premises or product dispensed therein other than those specifically approved
by the City Council.
C. The permit holder shall indemnify and hold the City harmless from any loss,
cost, damage and expense arising out of the holder's use, design, operation or
maintenance of the property. The indemnity shall be on forms provided by
the Clerk.
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Minutes/Edina City Council/Tanuary 21, 2003
D. The permit holder shall furnish to the Clerk evidence that public liability
insurance has been procured for any death or personal injury arising from the
ownership, use, operation or maintenance of the property in the amounts of
not less than $100,000 for injury to or death of one person, of $300,000 for any
one incident, and not less than $50,000 for damage to property arising from
any one incident. The permit holder shall maintain such insurance in effect at
all times during the term of the permit. The City shall be named as an
additional named insured in the policy providing such insurance.
E. The permit holder shall furnish a surety bond, letter of credit or cash deposit
in an amount determined by the City Council but not less than $5,000 to be
used by the City for the purpose of replacing or repairing any damage to
public property caused by the permit holder's use. A surety bond shall be
from a corporate surety authorized to do business in the State. The surety
bond, letter of credit or cash deposit shall be released by the City upon
completion of the repair or replacement of any damage to public property.
F. The City Council may impose other requirements and conditions necessary to
promote public safety.
Section 13. Subsection 1230.08 is renumbered 1230.09.
Section 14. Schedule A of Section 185 of the Code is amended as follows"
"Temporary On-Sale Intoxicating $200.00 Per Event
"1230.08 Temporary Liquor License Special Permit $300.00 Per Event
Section 15. Effective Date: This ordinance shall be in full force and effect upon
passage and publication.
First Reading: January 7,2003
Second Reading: January 21, 2003
Published: January 30, 2003
Attest t; 6,16D `1\,_ 6 �0 •� P
Debra A. Mangen, ity C erk Dennis F. Maetzo Mayor
Member Masica seconded the motion.
Rollcall:
Ayes: Hovland, Housh, Masica, Maetzold
Motion carried.
*BID AWARDED FOR FOUR FULL-SIZED MARKED POLICE SQUAD CARS Motion
made by Member Hovland and seconded by Member Housh for award of bid for four
full-sized marked police cars, (Police Interception model - Crown Victoria) to Superior
Ford, under State of Minnesota Cooperative Purchasing Agreement Contract No. 426133
at$85,700.00.
Motion carried on rollcall vote - four ayes.
AWARD OF BID FOR TWO MID-SIZED UNMARKED POLICE CARS Member
Hovland removed the award of bid for two mid-sized unmarked police cars from the
consent agenda for further information. He asked if one unmarked vehicle would be
adequate. Chief Siitari explained the City has at any given time thirty police personnel on
duty who could need a car. Member Housh asked when a car is taken out of use. Mr. Siitari
responded that cars are normally on a seven-year retention schedule but are evaluated on
an individual basis to get the maximum life from them.
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Minutes/Edina City Council/ianuary 21,2003
Member Hovland made a motion for award of bid for two mid-sized unmarked police
cars to Hinckley Chevrolet at $34,124.00, under State of Minnesota Cooperative
Purchasing Agreement Contract No.426228. Member Masica seconded the motion.
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
*BID AWARDED FOR ONE, ONE-TON FORD TRUCK - UTILITY DEPARTMENT
Motion made by Member Hovland and seconded by Member Housh for award of bid for
one, one-ton Ford truck for the Utility Department to Nelson Ford at $21,037.00 under
Hennepin County Contract#1109A2-232.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR 3/4 TON CHEVROLET PICK-UP- PUBLIC WORKS Motion made
by Member Hovland and seconded by Member Housh for award of bid for one 4 x 4
three-quarter ton Chevrolet pickup to Thane Hawkins Chevrolet at $20,228.00 under
Hennepin County Contract#1109A2.
Motion carried on rollcall vote-four ayes.
*BID AWARDED FOR ONE, ONE-TON GMC CARGO VAN - ENGINEERING Motion
made by Member Hovland and seconded by Member Housh for award of bid for one,
one-ton GMC Survey Cargo Van to Nelson GMC at $19,615.00 under Hennepin County
Contract #1109A2.
Motion carried on rollcall vote -four ayes.
*BID AWARDED FOR THREE DUMP TRUCK BOXES - PUBLIC WORKS Motion made
by Member Hovland and seconded by Member Housh for award of bid for truck boxes
for three new snow plow trucks, including hydraulics and snow plow equipment to J
Craft, Inc.,at$190,186.64 under State of Minnesota Contract #429002.
Motion carried on rollcall vote-four ayes.
*TRAFFIC SAFETY STAFF REVIEW OF JANUARY 13, 2003, APPROVED Motion made
by Member Hovland and seconded by Member Housh approving the Traffic Safety Staff
Review of January 13, 2003, Section A, B, and C.
Motion carried on rollcall vote-four ayes.
METRO TRANSIT - SECTOR 5 PLAN PRESENTED Planner Larsen explained in 1998,
Metro Transit and the Metropolitan Council began a comprehensive study of all bus routes
within Metro Transit's service area. The study divided the region into nine sectors. Study of
Sector 5, which includes Edina, was begun a year ago. Sector 5 includes Minneapolis, St.
Paul, Richfield and all of Bloomington. He stated that the final draft of the study has been
completed and public comments were being sought between January 28 and February 4,
2003.
John Dillary, a representative of Metro Transit gave the Council a preview of its
comprehensive study of bus routes in the region. Mr. Dillary explained that as a result of
the study, several changes have been proposed, including the addition of a Park and Ride at
Garden Park. The Council briefly discussed what the ramifications would be of installing a
Park and Ride at the Garden Park location. The Metropolitan Council was not expected to
act on the recommendations until later this year. Any approved changes will not take affect
in Edina until the fall of 2004.
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Minutes/Edina City Council/January 21, 2003
No formal Council action was taken.
Member Kelly entered the meeting at 7:20 P.M.
RESOLUTION NO 2003-12 - ENVIRONMENTAL ASSESSMENT FOR I-494/TH 169
APPROVED Engineer Houle indicated the Minnesota Department of Transportation, along
with the cities of Edina, Bloomington and Eden Prairie, were proposing changes to the
interchanges along TH169 at Pioneer Trail, Anderson Lakes Parkway/Bloomington Ferry
Road, and I-494. He explained these changes include removal of traffic signals on TH169.
Mr. Houle noted that funding was currently available for the Pioneer Trail and Anderson
Lakes Parkway/ Bloomington Ferry Road improvements therefore; all three interchanges
were included in the Environmental Assessment. He added the proposed improvement
would maintain a westbound West 78th Street access to 1-494 at this interchange.
Mr. Houle stated staff felt these improvements would greatly improve safety and
operational movements of the aforementioned intersections and recommended that the
Council adopt a resolution supporting the improvements. Mr. Houle introduced Wayne
Norse and Tom O'Keefe of MNDOT who briefly reviewed the proposed interchanges
improvements.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION NO. 2003-12
ENVIRONMENTAL ASSESSMENT FOR I-494 &TH169
WHEREAS,the City Council of the City of Edina has reviewed the Environmental
Assessment for improvement to interchanges along TH169 at Pioneer Trail, Anderson
Lakes Parkway/Bloomington Ferry Road, and I-494 as prepared by the Minnesota
Department of Transportation;
WHEREAS, the City of Edina has reviewed the operational improvements to
TH169 and I-494 interchange;
WHEREAS, these improvements will improve the operation of TH169 along with
I-494.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina
that the City supports the Environmental Assessment.
ADOPTED this 21St day of January 2003.
Member Masica seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
PUBLIC SAFETY RADIO PROPOSAL PRESENTED Chief Siitari explained the Police and
Fire Departments presently operate a City owned VHF radio system which was nearing the
end of its life span. With the age of the system and move to the new building, a decision
point has been reached for replacing the system. Options that have been suggested include:
1. Improve/Upgrade the Existing VHF System
2. Join the Bloomington 800 MHz System
3. Join the 800 MHz Hennepin County Radio System
Staff feels the Hennepin County option to be the best choice. Mr. Siitari noted if the current
system were upgraded, or if the Bloomington system were joined, investing in a system that
will be quickly outdated would be a real possibility. The Hennepin County system was part
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Minutes/Edina City Council/Tanuary 21,2003
of a regional system, which would cover the entire metropolitan area. Funding of $1.65
million has been allocated in the Capital Improvement Plan.
Present Situation
• Stand Alone VHF System
• One Channel
• 10-15 Year Replacement Schedule
• Leased Radios
• Repairs and Maintenance
Decision Point
• Viability of Current System
• FCC Regulations
• Hennepin County Support Withdrawn
Options
• Replace or Upgrade Present VHF System
• Join Adjacent Agency
• Hennepin County/Metro 800 MHz System
Recommendation-HENNEPIN COUNTY/METRO 800 MHz SYSTEM
• Interoperability
• Location of Radio Sites
• Costs
• Capabilities
Course of Action
• Adopt Metropolitan Radio Board (MRB) Participation Resolution
• Evaluate In-Building Coverage Enhancements
• Execute Appropriate Procurement Instruments
Mr. Siitari introduced Jeff Nelson, Consultant with PSC Alliance, Inc., who elaborated on
the technical facets of the Metro Radio System:
Radio Communications Systems:
• Fire (VHF)
• Police (VHF)
jommunications Public Works (UHF)
Radio > Dispatching_
• Dispatch Continues as Today
• Public Works Continues as Today
Traditional Model:
• Each Community Operates Stand Alone Radio System
Constraints:
1. Channels
2. Coverage
3. Mutual Aid Performance
4. Security
Current Environment(Fire/PoliceL
• Transmitters:
1. Community Center Water Tower
2. Monopole (tower) Located Behind City Hall
• Remote Receivers to Boost Portable Radio performance
1. VanValkenburg Park
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2. Southdale Center Minutes/Edina City Council/ianuary 21, 2003
3. Gleason, etc.
Existing;City Radio Systems Operate in"Conventional" Mode:
• Poor Frequency Utilization
• Inter-Agency Communications Limitations
• Interference
Contemporary Systems Use "Trunking":
• Trunking is Shared Use of Frequencies With Dynamic Allocation by Computer
Control
Alternative Systems":
• Eden Prairie (Trunked System in 800 MHz Band)
• Bloomington (Trunked System in 800 MHz Band)
• St. Louis Park (Conventional System in VHF Band)
Regional (Metro) 800 MHz Trunked Network:
Regional Trunked System Benefits:
• Shared Architecture
• Shared Radio Sites
• Shared Benefits:
1. More Talk Groups (Channels)
2. Wider Area Coverage
3. More Mutual Aid Capacity
4. Encryption (Security)
Some Regional Trunked System Participants:
• MnDOT
• Metro Council (MTC)
• Minnesota State Patrol
• Hennepin County
• Minneapolis
• North Memorial/HCMC/Allina/ Ridgeview
• Richfield
Regional Trunked System Permits:
• Dispatch Autonomy
•
95% In-Building Coverage
"Medium" Building Design in Edina Area (some building coverage
enhancements will be necessary)
• Roaming Across Nine Counties
• Shared Responsibility for System Improvements
• Edina to be a Participant
Policy Issues Relating to Shared System Participation:
• Cost- Capital Investment-$1.6 million
1. Included: Portables, Mobiles, Dispatching Consoles and Network
"Connectivity"
2. Avoided: Direct Cost of Towers, 800 MHz Licensing, System Computer
Controllers, Major Civil Improvements
3. Shared: Major Backbone Maintenance Costs
4. Subscription Cost for Participation Identified at$65/radio/year
Costs Issues Relating to Share System Participation:
• Dispatch Center and Connectivity Needs $875,000
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Minutes/Edina City Council/lanuary 21, 2003
• Subscriber Equipment(Mobiles/Portables) $450,000
• Coverage Enhancements $275,000
TOTAL $1,600,000
Other Policy Issues:
• Participation Agreement Language
1. Shared System Upgrades (formula) (Experience Basis for Administration)
2. Shared System Policies
3. Relationship with County
4. System Maintenance
5. Software Upgrades
6. Participation Plan:
Metro TOC Approval
Metro Radio Board Approval
The Council questioned Mr. Nelson and Mr. Siitari about the presentation and the necessity
of approving the public safety communications proposal.
Mr. Siitari reiterated the presentation was a review of the proposal to replace the existing
Public Safety Radio System by joining the Hennepin County 800 MHz radio system. He
added the formal request to enter into the agreement with the County would be on the
Agenda at the February 4, 2003,regular Council Meeting,for formal action.
No formal Council action was taken.
MAC LAW ENFORCEMENT PERSONNEL AGREEMENT APPROVED Mr. Siitari
explained the Metropolitan Airports Commission (MAC) was mandated to provide armed
law enforcement officers at passenger screening checkpoints under new FAA guidelines.
The MAC does not have adequate staff to provide round-the-clock coverage. The Airport
Police Department has requested mutual aid from surrounding law enforcement agencies
to perform these duties. Staff would like to provide assistance on an off-duty basis.
Personnel costs would be reimbursed by the MAC and all liability coverage provided by
MAC. The Federal Transportation Agency (FTA) is in the process of hiring and training law
enforcement officers to assume these duties on a permanent basis. This process is expected
to take approximately nine months. When sufficient FTA staff is available to monitor the
checkpoints, the agreement will be terminated.
Member Hovland questioned the City's liability with workers' compensation on this
agreement. Mr. Hughes noted that the gross cost of an employee is charged to MAC not the
net cost of what they are paid. Member Housh suggested considering a deductible be
written into the workers' compensation policy in the future for self-funding.
Member Masica inquired whether there is a limit on the number of hours a police officer
can work. Mr. Siitari said a policy has been established a long time ago regarding how
many hours an officer can work in a 24-hour period. The commitment to MAC would be
minimal or approximately 24 hours per week.
Member Hovland made a motion approving the Use of Law Enforcement Personnel
Agreement between the Metropolitan Airports Commission (MAC) and the City of Edina
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Minutes/Edina City Council/lanuary 21, 2003
for Edina Police Officers to provide necessary law enforcement services at airport
checkpoints. Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
METROPOLITAN COUNCIL REPRESENTATIVE PRESENTATION Mayor Maetzold
explained that our Metropolitan Council Representative, Mary Hill Smith, has requested
endorsement of her re-appointment to the Council from District 3. A list of finalists for the
position for all the Districts was provided in the Council packet. There were six District 3
finalists with only Ms. Smith requesting endorsement.
Mr. Hughes noted working with Ms. Smith has been a positive experience in at least two
circumstances, 1) approval of the City's Comprehensive Plan and 2) establishing the Edina
Dial-a-Ride Program.
No blanket endorsement of Mary Hill Smith was received. Individual Council
endorsements were encouraged.
No formal Council action was taken.
PUBLIC SAFETY TRAINING FACILITY GRANT APPROVED Mr. Hughes explained the
South Metro Public Safety Training Facility will be the recipient of a$500,000 grant from the
State of Minnesota to be used for construction costs. Pursuant to State law, a political
subdivision rather than a joint powers agreement must be the recipient of the grant.
Therefore, the State has requested the grant flow to the City of Edina, which serves as the
fiscal agent for the South Metro Joint Powers Association.
As a result of the grant flowing directly to the City, staff recommends an amendment to the
joint powers agreement to provide: 1) that each partner in the Joint powers Association
comply with the requirements of the State grant; and 2) that each partner in the Association
remain liable for its proportionate share of the State grant were it ever required to be repaid
by the State.
Staff recommends authorization to execute the grant agreement and approval of the
amendment to the joint powers agreement.
Member Kelly made a motion authorizing execution of the Public Safety Training
Facility Grant, contingent upon approval of Amendment to Joint Powers Agreement as
presented. Member Masica seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*TERMINATION OF AGREEMENTS FOR ADAPTIVE RECREATION FOR PARK
DEPARTMENT APPROVED Motion made by Member Hovland and seconded by
Member Housh for termination of the 1988 Joint and Cooperative Agreement between
the Cities of Bloomington, Edina, Eden Prairie, and Richfield as well as the 1988
Adaptive Recreation Services Agreement between the Cities of Richfield, Edina and
Eden Prairie.
Motion carried on rollcall vote -four ayes.
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Minutes/Edina City Council/Tanuary 21,2003
REAPPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS APPROVED
Mayor Maetzold requested endorsement of his recommendations for re-appointments to
various boards, commissions and committees, as follows:
ame Boar Coinmissio Committee Term;Ex i in
Sandra Clark Art Center Committee 2/1/2006
Mike Kelly Art Center Committee 2/1/2006
Ruth Valgemae Art Center Committee 2/1/2006
Tames VanValkenburg Art Center Committee 2/l/2006
Idelle Longman Community Health Committee 2/1/2005
Bruce Bermel Construction Board of Appeals 2/1/2006
Ronald Clark Construction Board of Appeals 2/1/2006
Herman Ratelle Heritage Preservation Board 2/1/2005
Donald W. Wray Heritage Preservation Board 2/1/2005
Idelle Longman Human Relations Commission 2/1/2006
Michael Damman Park Board 2/1/2006
Floyd Grabiel Park Board 2/1/2006
George Klus Park Board 2/1/2006
Helen McClelland Planning Commission 2/1/2006
David Runyan Planning Commission 2/1/2006
Anne Cronin Recycling and Solid Waste Commission 2/1/2005
Kathryn Frey Recycling and Solid Waste Commission 2/1/2005
Inna Hays Recycling and Solid Waste Commission 2/1/2005
Rodney Hardy Zoning Board of Appeals 2/1/2006
Michael Lewis Zoning Board of Appeals 2/1/2006
Member Masica made a motion approving the reappointments to the various boards,
committees and commissions as presented. Member Kelly seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*RESOLUTION NO. 2003-10, TECHNICAL CORRECTION TO MINUTES OF
TANUARY 15, 2002 Member Housh stated he removed this item from the Consent Agenda
to clarify that there would be no modification of the original vacation approved in 2002.
Mr. Hughes assured him the geometric of the vacation did not change. The Hennepin
County Examiner of Titles requested that the legal description be modified because he felt it
needed clarification. Member Housh introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2003-10
VACATING CIRCLE WEST
PUBLIC RIGHT-OF-WAY
ADJACENT TO 20 CIRCLE WEST
WHEREAS,a motion of the City Council, on the 18th day of December,2001,fixed
a date for a public hearing on a proposed vacation of the portion of Circle West public
right-of-way adjacent to 20 Circle West;and
WHEREAS, two weeks published and posted notice of said hearing was given
and the hearing was held on January 15, 2002, at which time all persons desiring to be
heard were given an opportunity to be heard thereon;and
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Minutes/Edina City Council/ianuary 21, 2003
given an opportunity to be heard thereon; and
WHEREAS, the Council deemed it to be in the best interest of the City and of the
public that said public street right-of-way vacation be made;and
i
WHEREAS, the Council considered the extent the vacation affected existing
easements within the area of the vacation and the extent to which the vacation affected
the authority of any person, corporation, or municipality owning or controlling electric,
telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains,
and hydrants on or under the area of the proposed vacation to continue maintaining the
same, or to enter upon such easement area or portion thereof vacated to maintain, repair,
replace, remove or otherwise attend thereto; and
WHEREAS, the City Council of the City of Edina, Hennepin County, Minnesota,
granted a vacation to the property adjacent to 20 Circle West effective January 15, 2002 for
the following described property:
Circle West Vacation
That part of Circle West as dedicated on the plat of Hilldale according to the
recorded plat thereof, Hennepin County, Minnesota, lying Easterly of the following
described line:
Beginning at the Westerly corner of Lot 1, Block 4, Hilldale, thence Northeasterly
along a tangential curve, said tangent has an assumed bearing of North 42 degrees
35 minutes 06 seconds West, concave to the East having a radius of 160.00 feet, a
distance of 134.06 feet and a central angle of 48 degrees 00 minutes 23 seconds to a
point on the Northerly line of Circle West as platted in Hilldale; thence
Southeasterly a distance of 36.05 feet more or less to a point along the Northerly
line of Circle West according to the Recorded Plat of Hilldale, said point being the
Southwest corner of Lot 6, Block 1, Meadowbrook Oaks according to the recorded
plat thereof, situated in Hennepin County, Minnesota; thence Southerly to the
point of beginning and there terminating. And;
WHEREAS, the proponent has requested a clarification to the legal description of
the previously granted vacation at the direction of the Hennepin County Examiner of
Titles.
NOW, THEREFORE, BE IT RESOLVED that the following legal description shall
be used for the previously granted vacation of public right-of-way adjacent to 20 Circle
West:
That part of vacated Circle West dedicated in "HILLDALE, HENNEPIN COUNTY,
MINNESOTA" described as follows:
Beginning at the most Westerly corner of Lot 1, Block 4, said plat; thence
Northwesterly along a curve which is tangential to that part of the Southwesterly line of
said Lot 1 shown on said plat as having a length of 53.7 feet and which has an assumed
bearing of North 42 degrees 35 minutes 06 seconds West, which curve is concave to the
East and has a radius of 160.0 feet, a length of 134.06 feet and a central angle of 48 degrees
00 minutes 23 seconds, to the Northerly line of said plat; thence Southeasterly along the
Northerly line of said plat 36.05 feet, more or less, to the Southwest corner of Lot 6, Block
1, Meadowbrook Oaks;thence Southerly to the point of beginning.
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to
cause an amended notice of completion of proceedings to be prepared, entered in the
transfer record of the County Auditor, and filed with the County Recorder, in accordance
with Minnesota Statutes, Section 412.851.
ADOPTED this 21St day of January 2003. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
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Minutes/Edina City Counci anuary 21,2003
*CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member
Housh seconded the motion approving payment of the following claims as shown in
detail on the Check Register dated January 9, 2003, and consisting of 22 pages: General
Fund $152,893.44; Communications Fund $4,929.62; Working Capital Fund $27,830.83;
Golf Dome Fund $5,150.00; Golf Course Fund $11,217.25; Ice Arena Fund $827.70;
Edinborough/Centennial Lakes Fund $5,212.24; Liquor Fund $174,626.48; Utility Fund
$33,195.68; Storm Sewer Fund $1,161.60; Payroll Fund $535,000.00; TOTAL $952,044.84;
and for approval of payment of claims dated January 16,2003, and consisting of 38 pages:
General Fund $372,047.50; Communications Fund $4,017.91; Working Capital Fund
$64,766.39; Construction Fund $63,517.75; Art Center Fund $13,659.57, Golf Dome Fund
$8,081.96; Aquatic Center Fund $214.16; Golf Course Fund $10,267.95; Ice Arena Fund
$24,432.14; Edinborough/Centennial Lakes Fund $15,141.19; Liquor Fund $183,940.78;
Utility Fund $367,197.05; Storm Sewer Fund $27,504.50; Recycling Fund $30,418.60;
TOTAL $1,185,207.45.
Motion carried on rollcall vote -four ayes.
RESOLUTION 2003-11, CALLING FOR SALE OF BONDS - GENERAL OBLIGATION
REFUNDING, GENERAL OBLIGATION UTILITY AND GENERAL OBLIGATION
EQUIPMENT CERTIFICATE BONDS Mr. Hughes indicated staff is recommending the
Council call for sale of three bond issues for February 18, 2003. The first issue is $1,540,000
general obligation equipment certificates. The proceeds will be used to, 1) fund larger
equipment (15 year life expectancy and $15,000 minimum value) that previously was in the
equipment replacement plan, and 2) fund furniture and fixtures for the new City
Hall/Police Department. The second issue is $3,200,000 general obligation utility bonds
used to fund a number of capital improvements to the water and sewer system over the
next two years. Rates approved at the previous Council meeting reflected this anticipated
debt. The third issue is $6,640,000 general obligation tax increment refunding bonds that
will refund the outstanding maturities of a 1993 tax increment bond issue. The refunding
issue reflects approximately $200,000 in present value savings for the 2004 through 2006
maturities. The 501h & France and Edinborough tax increment districts will receive the
interest savings of this refunding.
Mr. Hughes introduced Mark Ruff of Ehlers and Associates, Inc.
Mayor Maetzold questioned whether the City would keep their rating. Mr. Ruff elaborated
that the tone of the rating body changed dramatically after the election of the new governor
and his pledge of'no new taxes'. He predicted staff will get grilled by the rating agencies as
to what the contingency plans are for Edina but he does not believe there will be any
dramatic change.
Member Masica exited the Council Chambers.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION 2003-11
RESOLUTION CALLING FOR THE SALE OF GENERAL
OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2003A,
GENERAL OBLIGATION TAX INCREMENT REFUNDING
BONDS, SERIES 2003B AND GENERAL OBLIGATION WATER
AND SEWER REVENUE BONDS, SERIES 2003C
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Minutes/Edina City Council/Tanuary 21,2003
BE IT RESOLVED by the City of Edina, Minnesota (the City),as follows:
Section 1. General Obligation Equipment Certificates, Series 2003A. It is
hereby determined to be in the best interests of the City to issue its General Obligation
Equipment Certificates, Series 2003A (the Certificates), pursuant to Minnesota Statutes,
Chapter 475 and Section 412.301, in the principal amount of $1,540,000, to purchase
capital equipment having an expected life at least as long as the terms of the Certificates.
The principal amount of the Certificates does not exceed 0.25 percent of the market value
of taxable property in the City.
Section 2. General Obligation Tax Increment Refunding Bonds, Series
2003B. The City presently has outstanding its General Obligation Tax Increment
Refunding Bonds, Series 1993A, dated as of May 1, 1993, which bonds are subject to
redemption and prepayment at the option of the City on any date upon 30 day prior
notice to the holders of such bonds. To refund such bonds it is hereby determined to be
in the best interests of the City to issue its General Obligation Tax Increment Refunding
Bonds, Series 2003B (the Series 2003B Bonds), pursuant to Minnesota Statues, Chapter
475.
Section 3. Purpose. The City owns and operates a storm sewer utility and a
sanitary sewer and water utility (together, the Utilities) pursuant to Minnesota Statutes,
Section 444.075. It is hereby determined to be in the best interests of the City to issue its
General Obligation Water and Sewer Revenue Bonds, Series 2003C (the 2003C Bonds),
pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 444.075, in
the principal amount of$3,200,000,to finance the cost of improvements to the Utilities.
Section 4. Proposals. Ehlers & Associates, Inc., as independent financial
advisors, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), is
hereby authorized to solicit separate proposals for the purchase of the Certificates, the
2003B Bonds and the 2003C Bonds on behalf of the City on a negotiated basis.
Section 5. Sale Meeting. This Council shall meet at the City Hall on
Monday, February 18, 2003, at 7:00 o'clock P.M.,for the purpose of considering proposals
for the purchase of the Certificates, the 2003B Bonds and the 2003C Bonds and of taking
such action thereon as may be in the best interests of the City.
Section 6. Reimbursement of Costs from Proceeds of the Certificates or
Series 2003C Bonds. All or a portion of the costs of the improvements to the Utilities to
be financed from the proceeds of the Series 2003C Bonds and of the equipment to be
financed with the proceeds of the Certificates may be paid by the City prior to the
issuance of the Series 2003C Bonds and the Certificates, and to the extent such costs are
paid by the City prior to the issuance of the Bonds and the Certificates it is the
reasonable intent of the City to reimburse all or a portion of the costs of the
improvements to the Utilities paid by the City prior to the issuance of the Series 2003
Bonds from the proceeds of the 2003C Bonds and to reimburse all or a portion of the
costs of such equipment paid by the City prior to the issuance of the Certificates from the
proceeds of the Certificates.
Section 7. Official Statement. In connection with the sale of the
Certificates, Series 2003B Bonds and Series 2003C Bonds,the officers or employees of the
City are hereby authorized to cooperate with Ehlers & Associates, Inc. and participate in
the preparation of an official statement for the Certificates,the Series 2003 Bonds and the
Series 2003C Bonds and to execute and deliver it on behalf of the City upon its
completion.
ADOPTED this 21St day of January 2003.
Ayes: Housh, Hovland, Kelly, Maetzold
Motion carried.
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Minutes/Edina City Council/Tanuary 21,2003
Member Masica re-entered the Council Chambers.
*PETITION RECEIVED FOR SIDEWALK - DONCASTER BETWEEN
VERNON/TRACY AND AYRSHIRE Motion made by Member Hovland and seconded
by Member Housh acknowledging receipt of a petition for sidewalk at Doncaster
between Vernon/Tracy and Ayrshire, and submission to the Engineering Department for
processing as to feasibility.
Motion carried on rollcall vote -four ayes.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 10:15 P.M.
ity Clerk
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