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
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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.
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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:
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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.
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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.
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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
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