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HomeMy WebLinkAbout2003-06-03 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 3,2003 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor Maetzold. CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by Member Kelly approving the Council Consent Agenda as presented with the exception of Agenda Item IV. A., Willson Road Sidewalk - Improvement No. 5-049 (Contract No. 03-2 Eng.) Rollcall: Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. PRESENTATION OF AUTOMATED EXTERNAL DEFIBRILLATORS (FAIRVIEW SOUTHDALE HOSPITAL) Chief Siitari explained that Fairview Southdale Hospital presented the Edina Police and Fire Departments with defibrillators in 1996 and at present they need replacing. Mark Enger, Vice President of the Fairview Corporation, said the partnership between the City and the hospital has had a huge impact on the mortality of patients who suffer cardiac arrest. He stated, on behalf of the Edina Community Foundation, the Board of Directors and employees of the hospital, he was happy to replace the old defibrillators and expand the coverage with the twelve units. RESOLUTION NO. 2003-40 - COMMENDING DR. DAVID PETERSON - PRINCIPAL AT SOUTHVIEW MIDDLE SCHOOL Mayor Maetzold commended Dr. David Peterson for his service to the education of students in School District 273 for thirty-four years. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION OF COMMENDATION WHEREAS, Dr. David Peterson has served Edina School District 273 and the Edina community as Principal since 1989; and WHEREAS, he has been in education for 34 years-14 years as Principal of South View Middle School and a shared year as Principal of Valley View Middle School; and WHEREAS, in the current school year, Dr. Peterson oversees more than 1000 students in grades six through nine and has created a motivational environment in which all are empowered to be successful; and WHEREAS, he manages 125 teachers and staff and provides programs to consciously teach respectful behavior; and Page 1 Minutes/Edina City Council/Tune 3,2003 WHEREAS, through his outstanding leadership and sincere dedication in promoting the Edina Public Schools, Dr. Peterson has demonstrated total commitment to the community. NOW, THEREFORE, BE IT RESOLVED that the Edina City Council, the City staff and the residents of Edina hereby express their thanks and appreciation to Dr. David Peterson for his dedicated service, and he is hereby commended for helping make Edina an outstanding community in which to learn,live and work. BE IT FURTHER RESOLVED that Wednesday, June 4, 2003, be declared Dr. David Peterson Day. Member Housh seconded the motion. ADOPTED this third day of June 2003. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. EMPLOYEE RECOGNITION - EDINA CHAMBER OF COMMERCE VOLUNTEER OF THE YEAR - JENNIFER WILKINSON Arrie Larsen Manti President of the Edina Chamber of Commerce, presented the Chamber of Commerce Volunteer of the Year Award to Jennifer Wilkinson, the Communications Director for the City of Edina. 'MINUTES OF THE REGULAR MEETING OF May 20,2003,APPROVED Motion made by Member Masica and seconded by Member Kelly, approving the Minutes of the Regular Meeting of the Edina City Council for May 20,2003. Motion carried on rollcall vote -five ayes. ORDINANCE NO. 2003-06 ADOPTED - AMENDING SECTION 850 - ALLOWING EXCEPTIONS TO RESIDENTIAL FRONT YARD SETBACKS Assistant City Manager Anderson stated the Council at its May 20, 2003 meeting had granted first reading to an ordinance amending Edina Code Section 850 that would allow covered front porches and entries that were supported by columns within the required front and side setbacks. He reported that no changes had been made to the proposed ordinance since it was granted first reading. Following a brief discussion, Member Kelly made a motion to grant second reading to Ordinance No.2003-6 as follows: EDINA ORDINANCE NO. 2003-6 AN ORDINANCE AMENDING SECTION 850 TO PROVIDE ADDITIONAL EXCEPTIONS FROM SETBACK REQUIREMENTS THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Subsection 850.07 Subd 6 of Section 850 of the Edina City Code is hereby amended by adding the following: O. Unenclosed overhanging eaves or porches supported by posts or columns not exceeding 80 square feet in area,that are not closer than 20 feet to a front property line,3 feet to a side property line or 10 feet to a side street. Page 2 Minutes/Edina City Council/iune 3,2003 Section 2. Effective Date. This ordinance shall be in full force and effect upon passage. Passed and adopted this 3rd day of June 2003. First Reading: May 20, 2003 Second Reading: June 3, 2003 Published: June 12, 2003 Attest Debra A. Mangen, City Clerk Dennis F. Maetzold,Mayor Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. ORDINANCE NO. 2003-07 ADOPTED - AMENDING SECTION 185.01, SCHEDULE A - ADDING A FEE FOR A BODY ART ESTABLISHMENT LICENSE Sanitarian Velde stated that the Council in March of 2003 enacted an ordinance regulating Body Art Establishments. Mr. Velde noted the ordinance would take effect July 1, 2003. He said he was ready to recommend a license fee of$250.00 for establishments needing to be licensed. Mr. Velde said to the best of his knowledge three establishments would need to be licensed in order to continue their operation. He reported that Claire's Boutique would not be obtaining a license because they intended to pierce only ear lobes at their Southdale location. Member Housh asked how the proposed $250.00 fee compared to fees of neighboring jurisdictions. Mr. Velde replied he believed Hennepin County was charging $110 per license, which in his opinion would not cover the cost of an annual inspection, plus the administrative cost of licensing an establishment. He added the fee for a massage business license was $250.00 and he felt the two businesses could be considered comparable. Member Hovland commented he thought perhaps $250.00 was a little low and asked the criteria for establishing the fee. Mr. Velde replied the body art establishments would be inspected annually. He said the burden rate for his department was currently $48.00 per hour and one inspection would take approximately one and one half hours, plus the time to handle the administrative portion of the license. Motion of Member Hovland, seconded by Member Housh introducing the following ordinance and moving its adoption including waiver of second reading: EDINA ORDINANCE NO. 2003-7 AN ORDINANCE AMENDING SECTION 185 -FEES AND CHARGES THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Section 185.01 - Schedule A is amended by adding the following fee: Page 3 Minutes/Edina City Council/June 3,2003 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 745 745.04 Subd. 2 Body Art Establishment License $250.00 Section 2. Effective Date. This ordinance shall be in full force and effect upon its passage and publication. Passed and adopted this 3rd day of June 2003. First Reading. June 3,2003 Second Reading: Waived Published: June 12,2003 Attest Debra A. Mangen, City Clerk Dennis F. Maetzold, Mayor Rollcall: Ayes: Housh,Hovland, Kelly, Masica, Maetzold Motion carried. AWARD OF BID FOR WILLSON ROAD SIDEWALK - IMPROVEMENT NO. S-049 (CONTRACT NO. 03-2 ENG.) Member Masica asked to have the Willson Road Sidewalk Improvement bid award removed from the consent agenda to briefly discuss the project funding. She asked if any of the funding would be coming from special assessments, noting the staff report stated the funds would come from the "Revolving Fund". Engineer Houle explained the City had experienced difficulty in attempting to devise an equitable special assessment formula due to the unique nature of the properties along Willson Road. Since the installation of the sidewalk was deemed necessary for safety, the project was placed into the City's Capital Improvement Program to be funded out of the "Revolving Fund". There were no special assessments planned for financing the cost of the improvement. Member Masica made a motion to award the bid for the Willson Road Sidewalk Improvement No. 5-049, Contract No. 03-2(ENG) to the recommended low bidder Midwest Asphalt Corporation at$58,955.75. Member Housh seconded the motion. Ayes: Housh,Hovland, Kelly, Masica, Maetzold Motion carried. *AWARD OF BID FOR LOW VOLTAGE WIRING FOR CITY HALLROLICE DEPARTMENT Motion made by Member Masica and seconded by Member Kelly approving the award of bid for low voltage wiring for City Hall/Police Department to recommended low bidder,Parsons Electric at$114,845.00. Motion carried on rollcall vote-five ayes. PUBLIC HEARING HELD -AMENDMENT TO RUBY TUESDAY'S LIQUOR LICENSE APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Mr. Anderson explained RT Enterprises, Inc. d/b/a Ruby Tuesday's submitted plans for an outdoor patio and sidewalk seating at their Ruby Tuesday's Southdale Restaurant. Page 4 Minutes/Edina City Council/Tune 3,2003 Edina code requires that any change in the seating capacity of a restaurant be an amendment to the entity's liquor license. Mr. Anderson stated that the Administration, Fire, Health, Planning and Police Departments have all reviewed proposed plans and believe it will conform to Edina's ordinances. Staff recommended the Council approve the amendment to Ruby Tuesday's liquor license allowing the increased capacity. Member Masica asked who owned the sidewalk where Ruby Tuesday's outdoor seating would be placed. Mr. Anderson explained the sidewalk was privately owned by Southdale and would be leased the same as the rest of the restaurant. Mayor Maetzold called for public comment. No one appeared. Member Hovland made a motion, seconded by Member Masica to close the public hearing. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. Member Hovland made a motion to approve the amendment to the liquor license of RT Enterprises, Inc., d/b/a Ruby Tuesday's allowing the increase in capacity of 28 in the proposed outdoor seating area. Member Masica seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. PUBLIC HEARING HELD - LIQUOR LICENSE OWNERSHIP APPROVED - D'AMICO'S Affidavits of Notice were presented, approved and ordered placed on file. Mr. Anderson explained that D'Amico and Sons, Inc. holders of an Edina liquor license notified the City they would be changing the structure of their corporate ownership. Their current non-management shareholders who owned approximately 42 percent of the corporate stock would be redeemed and cease to be shareholders. D'Amico and Sons, Inc.'s assets would be transferred to a newly formed limited liability company, D'Amico and Sons, LLC. Mr. Anderson stated Edina Code Section 900 requires a new liquor license be obtained when more than ten percent of the corporate structure changes. He added that D'Amico's has completed the application process for the new limited liability company. The Administration, Health, Planning and Police Departments have all completed their reviews. Mr. Anderson said staff recommended approval of the new liquor license. Mayor Maetzold called for public comment. No one was heard. Member Masica made a motion, seconded by Member Kelly to close the public hearing. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. Page 5 Minutes/Edina City Council/lune 3,2003 Member Masica made a motion approving on-sale wine and 3.2 beer licenses to D'Amico and Sons, LLC d/b/a. D'Amico and Sons, 3948 West 50th Street for the period beginning June 4, 2003, and ending March 31, 2004. Member Hovland seconded the motion. Ayes: Housh,Hovland, Kelly, Masica, Maetzold Motion carried. 'CONFIRMATION OF CLAIMS PAID Member Masica made a motion and Member Kelly seconded the motion approving payment of the following claims as shown in detail on the Check Register dated May 22, 2003, and consisting of 42 pages: General Fund $123,688.57, CDBG Fund $7,150.70; Communications Fund $3,181.07; Working Capital Fund $9,597.08; Art Center Fund $16,900.36; Golf Dome Fund $6,910.20, Aquatic Center Fund $8,454.82; Golf Course Fund $41,702.16; Ice Arena Fund $22,429.02; Edinborough/Centennial Lakes Fund $34,443.76; Liquor Fund $219,568.64; Utility Fund $59,613.55; Storm Sewer Fund $3,045.70, Recycling Fund $65.00; PSTF Agency Fund $717,640.99, TOTAL $1,274,391.62; and for approval of payment of claims dated May 29, 2003, and consisting of 32 pages: General Fund $262,387.98; CDBG Fund $26,540.09; Communications Fund $1,250.44; Working Capital Fund $7,681.00; Construction Fund $28,889.54; Art Center Fund $3,176.67; Aquatic Center Fund $10,827.81; Golf Course Fund $11,210.51; Ice Arena Fund $5,606.64; Edinborough/Centennial Lakes Fund $9,695.43; Liquor Fund $94,892.14, Utility Fund $34,860.99, Storm Sewer Fund $10,152.27; TOTAL $507,171.51. Motion carried on rollcall vote-five ayes. There being no further business on the Council Agenda, Mayor Maetzold,declared the meeting adjourned at 7:45 P.M. Cil@ Clerk Page 6