HomeMy WebLinkAbout2003-03-18 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
MARCH 18, 2003
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor
Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh approving
the Council Consent Agenda as presented with the exception of Agenda Item I., Minutes
of the Special Work Session of March 4, 2003; Agenda Item IV.C. City Hall/Police Facility
Bid Awards; and Agenda Item V.D. Receive Feasibility Report and Set Hearing Date
(April 15, 2003) - Maple Road to White Oaks Roadway Improvement No. A-194. Member
Hovland seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
POLICE PERSONNEL COMMENDED FOR ACTIONS IN APARTMENT FIRES Chief
Siitari commended eight members of the Police force for their extraordinary efforts during
apartment fires at 5101 West 70th Street on October 31, 2002, and 3420 Heritage Drive, on
November 12, 2002. He commended Jason Behr, Mark Biermaier, Eric Carlson, Dave
Lindman, Nate Mendel, Kevin Rofidal, Jim Rygg and Tom Draper and awarded them Police
Department Commendations.
*MINUTES OF THE REGULAR MEETING OF MARCH 4, 2003 Motion made by Member
Housh and seconded by Member Hovland, approving the Minutes of the Regular Meeting
of the Edina City Council for March 4, 2003.
Motion carried on rollcall vote -five ayes.
MINUTES OF THE SPECIAL WORK SESSION MEETING OF MARCH 4, 2003,
APPROVED, AS AMENDED Member Hovland asked that the Special Work Session
Minutes of the March 4, 2003, Council meeting, be removed from the Consent Agenda for an
amendment.
Member Hovland made a motion approving the Minutes of the March 4, 2003, Special
Work Session, as amended. Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION NO. 2003- 32, FINAL DEVELOPMENT PLAN APPROVED - EDINA A &
P, LLC (4000 HAZELTON ROAD) Affidavits of Notice were presented, approved and
ordered placed on file.
Presentation by Planner:
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Minutes/Edina City Council/March 18,2003
Planner Larsen informed the Council the subject property was a multi-unit apartment
building zoned PRD-4, located west of France Avenue and south of West 70th Street at 4000
Hazelton Road. He stated the existing 15-unit building was a 2 1/2 story, walk-up, garden
apartment. Mr. Larsen reported the proponents were proposing to convert an unused party
room on the ground floor into a two-bedroom unit.
Mr. Larsen explained Edina's Zoning Ordinance requires 2,900 square feet of land area per
dwelling unit in the PRD-4 district. Density can be increased through a number of credits
including under building parking, proximity to a freeway interchange, construction type and
proximity to single-family property. He noted the subject property would not qualify for any
credits as defined by Code and would need a 9,040 square foot density variance.
Mr. Larsen stated normally staff would not recommend approval, primarily due to lack of
parking, however, the owner has offered to make one unit into affordable housing. The
proponents have offered to keep one unit available to a tenant at 50 percent of the area's
median income for seven years. Mr. Larson stated staff felt this offer deserved serious
consideration and therefore would recommend approval of the request if the time period for
reserving the affordable unit were increased to ten years.
Council comments:
Member Masica inquired whether the renovated apartment would be rented as the
affordable housing unit, what would be 50% of the area's median income, what was the
proposed rent for the affordable unit and could an Edina family be given rental preference.
Mr. Larsen said the affordable unit could be any two-bedroom unit in the building, that the
proposed rent was $800/month constituting about a $150 monthly reduction. He added he
believed the area median income to be approximately thirty thousand dollars. Mr. Larsen
indicated the building owner would be better able to respond to whether an Edina family
could be given rental preference.
Member Housh asked if there would be an application process for the affordable housing.
Mr. Larsen suggested allowing the building owner to answer apartment management
questions.
Member Hovland expressed the desire that persons renting the affordable unit be offered an
upgraded unit. Attorney Gilligan said that issue could be covered in the agreement and the
affordable unit would be rented comparably with the other two bedroom units in the
building and the agreement could be certified annually.
Mayor Maetzold asked if the agreement could include language stating that the rental would
be for an Edina family. Mr. Gilligan responded that language could be included to that
extent. Mayor Maetzold asked for clarification of the 'Explanation of Request' stating
...qualifying of a new resident would be at or below 37.7% of median household income of
Hennepin County. Mr. Larsen said standards were 30%, 50% and 80% with 50% the agreed
upon compromise.
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Minutes/Edina City Council/March 18,2003
Member Housh said he remembered mention of a waiting list for housing at Oak Glen when
they appeared before the Council. He asked if Oak Glen could be a resource. Member Masica
said she believed the Metropolitan Council has a list as well. Mr. Larsen concurred, but said
he did not know how access to the Met Council's list could be acquired.
Proponent comments:
Mike Pagh, 7708 Stonewood Court, said he felt their proposal presented a unique
opportunity to aid Edina with affordable housing. He said Fair Housing Laws must be
followed when qualifying persons eligible for the affordable housing unit and the proposed
unit would be rented on a first come/first served basis. Mr. Pagh said if Mr. Gilligan could
find the way to house an Edina resident first, the proponents would be willing to do so. He
noted that anyone living in the unit would become an Edina resident. Mr. Pagh explained
that seven of the fifteen units have been remodeled, e.g. kitchen cabinets, window treatments,
etc. and each unit will be remodeled as they become available, adding one unit could be a
'set-aside' for an affordable housing rental, if that was a condition of approval.
Mayor Maetzold commended Mr. Pagh and his associates for filling a great need in the City
of Edina.
Member Hovland inquired about the timing of the completion of the unit. Mr. Pagh said as
quickly as possible and hopefully within 60 days.
Member Housh concurred with Mayor Maetzold's commendation of the proposal.
No public comments were received.
Member Masica made a motion closing the public hearing, seconded by Member Hovland.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
Member Hovland commented that this type of housing was very desirable in Edina.
Member Hovland introduced the following resolution approving the Final Development
Plan as presented and moved its adoption:
RESOLUTION NO. 2003-32
FINAL DEVELOPMENT PLAN APPROVED FOR EDINA A &P, LLC
4000 HAZELTON ROAD
BE IT RESOLVED, that the Final Development Plan, dated March 18, 2003, and
submitted by Edina A & P, LLC, at 4000 Hazelton Road, and presented at the regular
meeting of the Edina City Council on March 18, 2003, is hereby approved as presented.
Passed and adopted by the Edina City Council this 18th day of March 2003.
Member Housh seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
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Minutes/Edina City Council/March 18,2003
ORDINANCE NO. 2003-5 APPROVED, AMENDING SECTION 150 TO PROVIDE FOR A
HEALTH CARE SAVINGS PLAN, POLICY ADOPTED APPROVING HEALTH CARE
SAVING PLAN Manager Hughes explained recently there has been developed a new
savings program for public employees. The Health Care Savings Plan (HCSP) was made
possible through provisions in State Statutes and the Internal Revenue Codes. The program
would provide a means for employees to save pre-taxed money to use upon termination
from the City for payment of medical payments and insurance premiums. The earnings from
employee's investments of their contributions they have made to fund the plan would also be
tax-free.
Mr. Hughes said the Council would need to take two actions to implement the Health Care
Savings Plan: 1) adopt an ordinance amending the Personnel Section of the City Code
allowing a Health Care Savings Plan; and 2) adopt the Health Care Saving Plan policy which
would require eligible employees at termination to contribute the sick leave portion of their
severance pay into the HCSP instead of a cash payment to the employee. Mr. Hughes
reviewed the details of the policy and explained, if adopted, the plan would be administered
by Minnesota State Retirement System off-site. He explained that if the City chose to
participate in this plan it must be applied to all eligible employees equally. No employee
could elect to opt out of the program. Mr. Hughes elaborated that nearly all City employees
were supportive of this program. He added there would be no cost to the City and the
program ultimately would save the City money, as there was no obligation to pay the
employer portion of social security taxes on severance payouts. He said the funds going into
the program do not require employer withholding on social security.
Mr. Hughes said staff recommended the Council grant first and waive second reading of the
Ordinance amendment; and adoption of the policy allowing staff to enter into the Health
Care Savings Plan agreement with the Minnesota State Retirement System.
Member Masica questioned if the contribution by the employee was collected upon
retirement. Assistant to the City Manager Smith commented yes the funds were sent to the
Minnesota State Retirement System.
Member Hovland asked if the program ends up being a straight dollar for dollar usage. Ms.
Smith responded the funds accrue interest over time. Mr. Hughes added individual
employees could choose to have the funds in a number of plans.
Member Kelly made a motion approving Ordinance No. 2003-5, Amending Section 150 of
the City Code Providing for a Health Care Savings Plan with a waiver of second reading as
follows and adoption of the policy as presented:
EDINA ORDINANCE NO. 2003-5
AN ORDINANCE AMENDING SECTION 150
TO PROVIDE FOR A HEALTH CARE SAVINGS PLAN
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Subd. 7 of Subsection 150.10 is amended as follows:
"Subd. 7. Unused Sick Leave Upon Termination. All employees who accrue sick leave and
who leave employment with the City in good standing, as described in Subsection 150.16,
shall be compensated for accrued and unused sick leave at the date of separation as
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Minutes/Edina City Council/March 18,2003
provided in the Policy for the Payment of Unused Sick Leave adopted by the City Council
on September 7, 1999, as amended by the Policy for a Health Care Savings Plan adopted
by the City Council on March 18, 2003. Employees covered by a collective bargaining
agreement shall not be eligible for pay under this Subdivision unless the collective
bargaining agreement so provides."
Section 2. Paragraph B of Subd. 2 of Subsection 150.17 is amended as follows:
"B. Special Rule. Regular full time employees hired prior to January 1, 2000, who leave
employment in good standing as described in Subsection 150.16 after 20 years of
continuous service to the City shall be eligible for severance pay but only as provided in
the Policy for the Payment of Unused Sick Leave adopted by the City Council on
September 7, 1999, as amended by the Policy for a Health Care Savings Plan adopted by
the City Council on March 18, 2003. Regular full time employees hired after January 1,
2000, shall not be eligible for severance payments as provided by this paragraph B."
Section 3. This Ordinance shall be in full force and effect upon passage.
Adopted this 18`' day of March 2003.
First Reading: March 18, 2003
Second Reading: Waived
Published:
Attest:
City Clerk c Mayor
Member Hovland seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Ordinance adopted.
*AWARD OF BID FOR ONE DODGE INTREPID UNMARKED POLICE CAR Motion
made by Member Housh and seconded by Member Hovland for award of bid for one
Dodge Intrepid unmarked police car, to recommended bidder, Nelson Dodge/GMC, at
$15,917.00, under State of Minnesota Cooperative Purchasing Agreement Contract No.
430323.
Motion carried on rollcall vote -five ayes.
*AWARD OF BID FOR PUMP STATION REHABILITATION (CONTRACT NO. 03-02
PW IMP. NO. WM-412) Motion made by Member Housh and seconded by Member
Hovland for pump station rehabilitation (motor replacement, electrical and mechanical
replacement) for Dublin Road Pumping Station, Contract No. 03-02 PW, Improvement No.
WM-412,to recommended low bidder, EnComm Midwest, Inc., at $185,231.00.
Motion carried on rollcall vote - five ayes.
AWARD OF BID - CITY HALL/POLICE FACILITY BID AWARDS Assistant Manager
Anderson explained he had removed the award of bid for the City Hall/Police Facility
painting and elevator from the consent agenda to share further information with the Council.
He elaborated that the Construction Manager's budget for the painting and the elevator for
the new City Hall/Police Facility was $186,808. The combined bids totaled $207,455. The total
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Minutes/Edina City CouncilfMarch 18,2003
budget for all bid categories was under budget by approximately $300,000 after all alternates
were selected.
Mr. Anderson stated that staff recommended the second lowest bid (Steinbrecher Painting)
for the painting. He added the low bidder (Wasche Commercial) worked on the Vernon
Avenue Liquor remodel and did not perform. Mr. Anderson stated that Kellington, the
general contractor removed Wasche Commercial from the job adding that based upon this
experience, our Construction Manager would not recommend Wasche.
Member Housh asked what process was followed when a low bid was rejected. Attorney
Gilligan said the bid could then be awarded to the 'lowest responsible bidder' because of
direct experience with the vendor.
Member Masica inquired whether reference checks were completed prior to the awarding of
the bid for the liquor store. Mr. Anderson explained that Wasche was a sub-contractor of
Kellington Construction Company. Kellington would have been awarded the bid and done
the reference checks. Member Masica asked if it was possible that Wasche had bid low to
make amends with the City. Mr. Anderson said upon contacting Wasche because of their
very low bid, that the problem was not the City's but Kellingtons. Mr. Anderson commented
that re-bidding was considered, however, the other bids were very close.
Mayor Maetzold called for public comments. None were forthcoming.
Member Hovland made a motion for award of bid for City Hall/Police Facility painting to
recommended second low bidder, Steinbrecher Painting at $155,900.00 and for award of
bid for the elevator for City Hall/Police Facility to recommended low bidder, Schindler
Elevator at$51,555.00. Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*NPDES PHASE II PERMIT UPDATE PRESENTED Member Housh made a motion,
seconded by Member Hovland approving submission of the application of the Industrial
Discharge Permit to the National Pollution Discharge Elimination System (NPDES) Phase
II Storm Water Pollution Prevention Program (SWPPP) as presented and on file in the
Office of the City Engineer.
Motion carried on rollcall vote-five ayes.
SKATE PARK AGREEMENTS APPROVED Director Keprios stated the Park Board at their
March 11, 2003, meeting, unanimously recommended approval of the Tri-City/YMCA Skate
Park Agreement and the Ground Lease Agreement. He explained two years ago, the Park
Board approved the concept of the Park as a joint undertaking between Edina, Bloomington,
Richfield and the YMCA of metropolitan Minneapolis, noting that Attorney Gilligan has
drawn up two agreements formalizing the agreement.
Mr. Keprios said the Council had approved $80,000 in the Capital Improvement Plan (CIP)
for development of the Skate Park. Construction of the Park will be a joint effort between
Edina, Bloomington, Richfield, and the YMCA of metropolitan Minneapolis. He stated the in-
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Minutes/Edina City Council/March 18,2003
ground concrete bowl design was chosen to serve skateboarders, in-line skaters and trick
bike enthusiasts. Mr. Keprios added the Park would be jointly funded by the four
organizations, plus donations; however, the YMCA will be responsible for constructing and
operating the facility. He noted Mankato, Minn. has a similar concept park that has been very
successful. A professional skate park designer has been enlisted to design the Tri-
City/YMCA Skate Park.
Mr. Keprios shared with the Council the funding sources for the Skate Park as follows:
Donations $ 36,250
City of Bloomington 120,000
City of Edina 80,000
City of Richfield 80,000
YMCA 35,000
TOTAL FUNDS $ 351,250
Mr. Keprios reported that Bloomington voted to increase their contribution because the Cities
of Edina and Richfield were responsible for raising the donations. He said the City of Edina
owns the property, consisting of 25,000 square feet of Yorktown Park, generally located
behind the new Edina Fire Department on York Avenue next to the Southdale YMCA. He
explained the Ground Lease would lease the property from Edina to the YMCA for 15 years
for $1.00, however, the City of Edina would continue to own the property even if the Skate
Park was eliminated.
Member Housh commended Mr. Keprios for sticking with this project and buying into the
dream of a few youths who brought the idea up a few years ago.
Member Masica asked if the different bowl levels represent levels of expertise. Mr. Keprios
said yes all levels of expertise were represented and include a streetscape design theme.
Member Masica asked how levels were separated and the hours of operation. Mr. Keprios
said the park will be supervised but was mainly self-policed and patrons of the park will be
required to wear protective gear. The park was not lit so hours of operation would be during
mild weather during daylight hours. Member Masica asked who provided the estimated cost
of construction. Mr. Keprios responded both Kraus/Anderson and Architect Stefan Helgeson
and Associates have submitted estimates as well as the design/build firm from Colorado,
Grindline.
Member Hovland inquired whether this plan was smaller than the original plan. Mr. Keprios
said yes it was somewhat smaller but has three bowls. Member Hovland asked if the
building as pictured was included in the cost. Mr. Keprios said the "Y" was responsible for
the completion of the rental and ticket building. Member Hovland asked how we could be
assured we get what we paid for. Mr. Keprios again said it was a design/build contract
between the YMCA and the builder.
Member Kelly added the issue with design/build was that specifications were usually vague.
He asked if more detailed specifications would be coming. Mr. Keprios said the person who
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Minutes/Edina City Council/March 18,2003
did the design has skate parks all over the world. He said he would acquire more specific
plans as soon as possible.
Member Hovland commented that the "Y" would manage the park on a break-even basis. He
questioned if consideration had been given if the "Y" decided they didn't want to continue to
manage the park after a few years and wanted to get out of the agreement. Mr. Keprios said
if the "Y" walks away from the park and since the land was the City of Edina's, he believed
the City could operate the park. He stated his comfort with the agreement and commented
that a park similar to the one proposed has been well operated since 1996 in Mankato.
Member Kelly said he was familiar with the park in Mankato and it was very low
maintenance and seemed to operate very well. Mr. Keprios said this would be the very first
in-ground bowl type skate park in Minnesota.
Member Hovland asked about the release of funds to the "Y" for construction. Mr. Keprios
explained the "Y" would start construction when the funds were in place. The "Y" would be
responsible, if construction of the park would go over budget.
Member Masica asked if the park were to become the City's, would profits need to be shared
with the other cities. Mr. Gilligan explained the agreement stated that ...'three cities would
negotiate a cooperative operation skate park'.
Barbara Griffiths, 5844 Creek Valley Road, asked how the area would be secured at night and
how would the concrete be maintained. Mr. Keprios explained the park's perimeter would be
secured with a six-foot fence with berming and some soil corrections. He added his
confidence that the civil engineer for the project would ensure the concrete was able to
withstand Minnesota weather.
Member Hovland made a motion approving the final draft of the Tri-City YMCA Skate
Park Agreement and the Ground Lease Agreement as presented. Member Housh seconded
the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
FACILITY AT 7300 BUSH LAKE ROAD INDEPENDENT STUDY RESULTS
PRESENTED; PARK BOARD TO COMPLETE NEEDS ASSESSMENT Mr. Keprios
indicated the property at 7300 Bush Lake Road had deed restrictions that were put in place
by the Northwest Health Club. They imposed the restrictions to alleviate competition with
close proximity clubs. The restrictions would not allow any gymnasiums, fitness centers,
recreation centers, etc. The ability to market the facility was limited to revenue producing
activities. If relief cannot be received, going forward on the project would be extremely
difficult. Mr. Gilligan added the Restrictions run for ten years (2002-2012) and would prevent
use of the facility for gymnasiums. If the Restrictions could not be negotiated, the City, with
eminent domain power, could condemn the Restriction. He added this would be very
unusual.
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Minutes/Edina City Council/March 18, 2003
Member Kelly informed the Council he formerly was the attorney for Northwest Athletic
Clubs. He attempted to reach an accommodation on the deed restrictions with Northwest
and eventually the management of Northwest Athletic said they were unwilling to remove
any of the deed restrictions.
Member Housh asked for more information on the condemnation process. Mr. Gilligan said
trying to value a deed restriction would be problematic. He elaborated that three
commissioners would be appointed to hear the case. Since the building would be for public
use, it would be unlikely to get a public purpose challenge.
Member Kelly said Northwest removed the facility from their chain to make their other
updated facilities more successful.
Mr. Hughes explained Jay Pomeroy from Anderson-Johnson Associates and Gregory Dehler
of Wold Associates, has evaluated the building and completed some cost estimates and were
present to answer questions.
Mr. Dehler indicated two options were requested with the renovation; Option 1) two
basketball courts and a soccer turf area; Option 2) four basketball courts and a soccer turf
area. In both options, the basketball courts called for wood floors. Option #2 would require
the addition of more indoor building space to accommodate two more gymnasiums. The
soccer turf area would be for indoor soccer practice. One concern was the building has no
handicap accessibility. In order to enter the building, chair lifts would need to be installed, as
the field was lower than the entrance. He added no plans for renovation of the locker room
areas has been completed. On both scenarios the locker rooms would be eliminated and toilet
facilities provided on the main level. A request did come forward from the committee to
expand the building and re-orient the basketball court area. The indoor soccer area could
then be located towards the north. The primary use of the upper level would be for meeting
rooms and mechanical with elevator access. Costs would include air-conditioning and
insulation. Costs would be as follows:
Option 1: $2,260,000 (project cost)
Option 2: (expansion scenario) $3,670,000
Mr. Pomeroy said the building was located in the industrial park with 60-70 parking spaces.
If the building were enlarged, 100 spaces would be needed. Importantly, if the building were
expanded, the soccer field would be approximately 70 x 35 yards. In Option 1, the field
would be smaller and good for youth soccer but not for tournaments.
Member Masica asked if a full-sized soccer field could be economically added into the plan
along with basketball courts. Mr. Pomeroy said some land, owned by the railroad, and
adjacent to the site could be a possibility. To be able to create a full-sized soccer field, the
existing building would need to be razed. Member Masica asked if the land was short on
length or width. Mr. Pomeroy said both. A desirable length would be 100 yards by 70 yards.
Member Housh commented that the most expensive part of the proposal would be the
basketball courts. Could the deed restrictions be worked with if the facility were for soccer.
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Minutes/Edina City Council/March 18,2003
Mr. Pomeroy said if it became only a soccer facility, the roof, access and insulation would
need to still be completed. Member Housh said he continues to get feedback about the issues
the Blue Ribbon Committee noted a few years ago. He suggested gaining a collective energy
to see these needs were met.
Member Hovland said paying $1.7 million for a building, renovating it and paying for its
operation was ominous. He questioned what the bubble over Kuhlman Field was estimated
to cost. Mr. Keprios responded the total cost was approximately $2,000,000; turf costs at
$900,000 and $1,000,000 for the dome.
Member Kelly asked for information on privately owned soccer facilities. Assistant Park
Director MacHolda said facilities he was aware of that were both school/city owned and
private are, Holy Angels, Augsburg, Eden Prairie, Plymouth Creek, Maplewood Blast, and
Corner Kick. He responded to a question about the minimum width of a regulation soccer
field that was 50 yards and minimum length was 100 yards. Maximum size 130 yards in
length and 100 yards in width. In response to another question about the facility being
dedicated to soccer only, the cost for the Braemar Arena soccer site was $2.6 million for
artificial turf and the bubble and would not be of regulation size because of fire restrictions
requiring a fire lane around the surface.
Member Housh commented the public reacted negatively to the idea of a bubble at Kuhlman
Field while this location was in a commercial area. He said he believes a soccer use of the
building would honor the deed restriction. He said he was aware that Edina was very behind
in facilities like this compared to other communities.
Member Masica asked if the "L-shaped" structure could be reoriented and made into a
rectangle shaped building. Mr. Dehler said the building was constructed of concrete block
and every 25 feet there was a rigid frame and does not lend itself to expansion. Member
Masica asked it would be more economical to raze the structure. Mr. Dehler indicted if one
building were desired, that would be more economical.
Mayor Maetzold asked for more information about the deed restriction, as it pertains to field
sports. Attorney Gilligan stated that discussions would need to be held with Northwest to
clarify that field sports would be acceptable.
Member Kelly said if the structure were eliminated, would a bubble be cheaper. Mr. Dehler
said a bubble would cost $1.1 million plus $600,000 - $900,000 for turf, demolition costs and
acquisition costs.
Mr. Keprios summarized the revenue/expense scenario for option #2 for the proposed
facility:
Revenue Summary:
Artificial Turf Field Area $100,000
Four Basketball Courts 55,000
TOTAL $155,000
Expense Summary
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Minutes/Edina City Council/March 18,2003
Labor $185,000
Maintenance, Insurance, etc. 44,000
Utilities (heat/light/power) 90,000
TOTAL $319,000
Approximately $5 per square foot, includes ALL expenses
Revenue vs. Expenses:
Revenues $155,000
Expenses 319 000
APPROXIMATE COST
PER YEAR SUBSIDY ($164,000)
Mr. Keprios showed graphic depictions of five gym facilities located at the Kennedy
Activities Center and the Jefferson Activities Center.
Member Hovland asked if Bloomington was subsidizing the Centers. Mr. Keprios said yes;
however their budget does not include heat, light, power, plowing, maintenance,
landscaping or routine janitorial services. The subsidy was significant.
Mr. Hughes explained the Legislative Session was half over and issues on city finances
change almost daily. Lease revenue bonds could be used for acquisition and renovation,
however, the key to that type of debt was the debt service on those bonds would have to be
repaid outside of normal levy limits. They would be levied against properties in the City.
Two bills in the Legislature currently would impact our ability to do that. Both bills do not
restrict the City's ability to issue bonds but both restrict the City's ability to re-pay the bonds.
Both bills would require the City to absorb the debt service for the bonds within its normal
City levy. Mr. Hughes noted that the budget loss at present was at $625,000 due to loss of
state aids. A risk would be great at this juncture in not knowing what the end result was with
the state. One bill has a window for debt issued before March 31St being exempt from
requirements and the other has an April 30th date meaning contracts must be in place to beat
the legislation. While contracts may be in place to acquire the facility to meet the dates, it
would be difficult to have contracts in place to renovate the facility. Mr. Hughes said the
operating costs were also an issue. Taking on another operating burden could result in
reductions in other areas.
Mayor Maetzold asked about the possibility of a referendum. Mr. Hughes said referendum
was always the possibility. He noted that as a part of the aforementioned bills, there was a
reverse referendum, whereby if 5% of the voters petition, another referendum question could
be back on the ballot that would either restrict or eliminate new levies to pay for debt. He
said voters could petition for another election annually until they got what they wanted. Mr.
Gilligan said with the degree of uncertainty there was a question with marketability of a lease
revenue bond. Mr. Hughes explained the lease revenue bonds were not general obligation
and were called annual appropriation bonds. The Council each year has to appropriate
monies to pay for the bond.
Mayor Maetzold stated the principle challenge was financing the acquisition and with
operating expenses.
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Minutes/Edina City Council/March 18,2003
Member Housh said that by the end of the session we would know better our future
financially. He stated it was clear to him that people wanted these facilities constructed
somewhere and the sooner the better. He suggested sending the issue back to the Park Board
for their immediate attention to prioritize the projects.
Member Kelly asked how long has it been since the basketball study was done. Mr.
MacHolda answered the study was done around 1996. Member Kelly called this a neglected
priority and suggested staff needs to either consider recommending a new referendum or
find a way to make this work.
Member Masica recollected during discussions about the soccer dome with the Blue Ribbon
Committee the recapture of investment and the ability to reach profitability was quick. Mr.
Keprios said what he recalled was in the first year the bubble would have been break-even
financially. Member Masica said if it would take a year to break even on the Kuhlman Field
bubble would the break even be three years on this proposal. Mr. Hughes responded that it
would take twenty years to pay off its bond debt.
Member Housh said priorities needed to be discussed and considered. He said things done in
the past should be re-examined. He asked if current facilities were being utilized and if
monies were being spent in the right way or should a venture like this be attempted even if it
does not cover the debt service and operating costs.
Member Hovland said all involved worked hard on the referendum. As a follow up to the
failed referendum, it was suggested the Park Board wait until 2004 to again review the
facility needs' issue. He was in favor of requesting the Park Board to look at this matter prior
to 2004 but advised cautiously going forward in light of the legislation that could affect the
City from a fiscal standpoint.
Mr. Hughes indicated that the issue should go back to the Park Board to proceed with an
evaluation of needs assessment for an indoor soccer facility and gymnasiums within the next
three or four months and to coincide with the end of the Legislative Session.
Correspondence was received from Charlie Gits, President of the Edina Soccer Club
supporting the purchase of the Midwest Tennis Facility. A petition with 120 names was
attached.
Mr. Dick Ward thanked the Council for their consideration and good discussion of the
proposal.
Member Housh made a motion to direct the Park Board to complete a needs assessment
for all recreation facilities for indoor field sports and gymnasiums and realistic options for
consideration and to come back before the Council in three to four months with the study.
Member Kelly seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
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Minutes/Edina City Council/March 18,2003
FEASIBILITY REPORT RECEIVED - HEARING DATE SET OF APRIL 15, 2003 - MAPLE
ROAD TO WHITE OAKS - ROADWAY IMPROVEMENT NO. A-194 Member Hovland
removed the Feasibility Report for Maple Road to White Oaks Roadway Improvement No.
A-194 from the Consent Agenda for further information. He asked clarification regarding the
estimated special assessment for the improvement. In one part of the information it was
stated that the assessment would be approximately $4,500 to $7,000 per residential unit or
assessable lot. In another section of the information the proposed assessment were ± $4,500
per unit and include only the pavement reconstruction portion. Proposed curb and gutter
assessment areas were ± $6,900 per unit. Engineer Houle noted if curb and gutter were being
assessed on a lot, the total assessment would be approximately $6,900. If the parcel would not
have curb and gutter, the assessment would be approximately $4,500.
Member Housh was absent from the Council Chambers during the action on this issue.
Member Hovland moved acceptance of the Feasibility Report and setting hearing date of
April 15, 2003, for Roadway Improvement No. A-194 for Maple Road to White Oaks.
Member Masica seconded the motion.
Ayes: Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION 2003-31 ADOPTED OPPOSING ISSUANCE OF PERMITS TO CARRY
CONCEALED WEAPONS IN PUBLIC Mayor Maetzold explained that normally he would
ask the Council if the issue opposing the issuance of permits to carry concealed weapons in
public should be a agenda item for formal discussion. The timing of the issue in the
Legislature warrants this being placed on the Agenda at this time.
Mr. Hughes said the Resolution has been modeled after a resolution considered and adopted
by the City of Bloomington.
Mr. Siitari said one of his duties, as Chief was to grant or deny permits to carry handguns in
public. He said he had not heard from residents wanting to change the law. He stated he did
not know what specific crime problem the authors of the bill wished to address. He said he
personally has chosen not to carry a gun and believed the liability was greater than the
benefit.
Member Hovland asked if the Police Association has any position on the restrictive bills. Mr.
Siitari said the Sheriffs and Chiefs Association were against the initial proposal. Another
proposal was brought forward recently that was not as liberal and restricted locations that
guns could be carried. He stated he felt the current statute had room for improvement
because a discrepancy existed between the number of metro area and out-state carry permits
approved. Mr. Siitari stated that in his opinion, a uniform guideline for carrying weapons
needed to be clarified so everyone was operating on the same basis.
Member Masica asked how this uniform guideline would be carried out. Mr. Siitari
responded that two criteria exist, 1) an occupational requirement or 2) a public safety hazard.
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Minutes/Edina City Council/March 18,2003
He stated he felt the criteria should be tightened up. Member Masica asked if this would
happen. Mr. Siitari said he believes the criteria will change but he did not know to what
degree. Member Masica asked if a person has a gun at their home and one at their business,
how were the guns transported without a permit. Mr. Siitari stated that was a main issue -
carrying a gun in a motor vehicle. If a person walks to work you can carry a gun but it must
be cased, unloaded and securely tied if it was in a car.
Mr. Hughes commented that under current law, a gun could be transported cased in a motor
vehicle without a permit.
Member Housh re-entered the Council Chambers at 8:54 P.M.
Resident comments:
Barb Hodne, 4532 Tower Street, Special Education Teacher, passed out information about the
regulation of firearms by local governments and stated her position which opposed
legislation modifying current requirements for carrying concealed weapons. Ms. Hodne
voiced concern that newly elected Senator Geoff Michel was considered a swing vote on the
issue and encouraged contacting him to represent the concerns of the residents. She stated
her support of the proposed Resolution.
Roland Wardell, 5917 Bernard Place, asked for local discretion and control of issuing gun
permits. He voiced support of the Resolution as well as the comments by Mr. Siitari.
Lynn Westphal, 5704 Kemrich Drive, indicated she has been the president of the League of
Women Voters, served three terms on the Human Relations Commission and served on the
Edina Schools Strategic Planning Committee, which worked on the Mission Statement.
People in Edina care and do not want loaded guns out in the community. She encouraged
voicing concern to Senator Michel to say 'NO' to putting more handguns on the streets. Ms.
Westphal concluded that public safety was more important than an individual's rights.
Steve Timmer, 5348 Oaklawn Avenue, spoke in favor of the Resolution. He encouraged
contacting newly elected Senator Michel to vote 'NO' on the proposed legislation. He
concluded that the bill was madness and cannot become law.
Mayor Maetzold asked if there was anyone in the audience with opposing comments. No
comments in opposition to the Resolution were heard.
Member Hovland explained that the health, safety and welfare of the public was not
enhanced with the liberalization of the conceal and carry law. He believed there was nothing
evolutionary about this proposal and it was regressive in nature. He voiced support with the
Resolution as presented and urged staff to contact Senator Michel and Representatives
Seagren and Erhardt and encourage them to vote against the bill.
Member Hovland introduced the following Resolution opposing the conceal and carry
legislation taking place in both the House of Representatives and Senate and move that
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Minutes/Edina City Council/March 18, 2003
we request the retention of the current law concerning the issuance of permits to carry
concealed handguns in public:
RESOLUTION 2003-31
CITY OF EDINA OPPOSES CONCEAL AND CARRY
RESOLUTION ON ISSUANCE OF
PERMITS TO CARRY PISTOLS IN PUBLIC
WHEREAS, the City Council of the City of Edina is the official governing body of the City
of Edina;
WHEREAS, House File 261 and Senate File 222 which seeks to amend Minnesota Statute
Section 624.713 dealing with permits to carry concealed pistols in public are currently under
consideration before the Minnesota Legislature;and
WHEREAS, the City Council has reviewed House File 261 and Senate File 222 and
discussed the implications of the proposed changes they make upon the process of issuing permits
to carry concealed pistols in public.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA
IN REGULAR MEETING ASSEMBLED,that the City Council supports the retention of the current
law concerning the issuance of permits to carry concealed pistols in public;
BE IT FURTHER RESOLVED that the City Council opposes the passage of House File 261
and Senate File 222,based upon the following concerns:
• The shift in presumption from "may" to "will' that occurs from the elimination
of conditions for issuance of a permit to carry a pistol in public, the burden of
proof imposed upon the issuing authority to sustain the denial of a permit to
carry a pistol in public, the potential liability for costs and disbursements
associated with legal challenges to denials of permits to carry a pistol in public
and the limits upon information which may be considered upon any denial of a
permit to carry a pistol in public;
• The change from the chief of police to the county sheriff as the issuing authority;
• The limited information required with an application for a permit to carry a
pistol in public and the reduction from twenty one (21) days to fifteen (15) days
to conduct an investigation prior to the issuance or non-issuance of a permit to
carry a pistol in public;
• The too lenient penalty of a petty misdemeanor for carrying a firearm on school
property;
• The too lenient penalty of a petty misdemeanor for carrying a pistol with an
alcohol concentration of less than .10 but more than .04;
• The issuance of permits to carry pistols in public to non-residents; and
• The lack of provision for public and/or private entities to regulate the carrying of
pistols in certain locations.
Passed and adopted this 18th day of March 2003.
Member Kelly concurred with the points in the resolution and said they were particularly
compelling.
Member Housh said the issue was public interest vs. private rights and he favors public
interest. He indicated how lucky we were to have Mr. Siitari.
Member Masica seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Page 15
Minutes/Edina City Council/March 18,2003
Motion carried.
FOLLOW-UP GOAL SETTING RETREAT DATE SET - MAY 17 2003 Mr. Hughes
commented that Mayor Maetzold, Council Member Masica and he met recently and
interviewed and selected Rusty Fifield of the Hoisington/Koegler Group to serve as the
facilitator for the Goal Setting Retreat on April 5, 2003, at the Edina Senior Center. During the
course of the interviews, it became apparent that two sessions would be more beneficial. The
hours of the Saturday, April 5, 2003, session will be 8:00 A.M. to Noon.
Following a brief Council discussion, Saturday, May 17, 2003, from 8:00 A.M. to Noon was
the date set for the follow-up session. The location of the session will be announced at a later
date.
*CONFIRMATION OF CLAIMS PAID Member Housh made a motion and Member
Hovland seconded the motion approving payment of the following claims as shown in
detail on the Check Register dated March 5,2003, and consisting of 29 pages: General Fund
$70,753.67, CDBG Fund $4,150.00, Communications Fund $7,605.87, Working Capital Fund
$254,729.10; Construction Fund $547.43, Art Center Fund $7,958.09; Golf Dome Fund
$600.00; Aquatic Center Fund $84.00, Golf Course Fund $9,668.65; Ice Arena Fund
$24,233.22; Edinborough/Centennial Lakes Fund $2,771.48; Liquor Fund $111,693.87;Utility
Fund $16,669.73, Payroll Fund $500,000.00; TOTAL $1,011,465.11; and for approval of
payment of claims dated March 13, 2003, and consisting of 32 pages: General Fund
$230,163.93, Communications Fund $1,607.50;Working Capital Fund $18,837.11; Art Center
Fund $6,118.31; Golf Dome Fund $9,520.14; Golf Course Fund $25,579.27; Ice Arena Fund
$10,148.02 Edinborough/Centennial Lakes Fund $6,453.96, Liquor Fund $98,268.94; Utility
Fund $37,903.39, Storm Sewer Fund $1,161.60, Recycling Fund $31,218.70, PSTF Agency
Fund$22,876.56;TOTAL: $499,857.43.
Motion carried on rollcall vote -five ayes.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 9:35 p.m.
City Clerk
Page 16