HomeMy WebLinkAbout2003-07-01 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JULY 1,2003
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Masica and Mayor
Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh and seconded
by Member Hovland approving the Council Consent Agenda as presented with the
exception of Agenda Item IV. B., Sherwood Park Playground Equipment; Agenda Item IV.
C., City Hall/Police Department Security Access Control System and CCTV; Agenda Item
IV. E.,Four Monitor/Defibrillators - Fire Department, and Agenda Item IV.F.,Engineering
Survey Van.
Rollcall:
Ayes: Housh,Hovland,Masica, Maetzold
Motion carried.
EDINA POLICE DEPARTMENT RECIPIENT OF CORNERHOUSE PRESENTATION
Amy Russell, Executive Director of Cornerhouse, an interagency child abuse evaluation and
training center that conducts forensic interviews for children and developmentally delayed
adults appeared with a check for the Edina Police Association. Ms. Russell explained that a
fundraiser was been held recently, attended by Josh Hartnett, Actor and star of "Hollywood
Homicide" at the Southdale Cinema. The Edina Police Department provided security services
for the event. Ms. Russell thanked the Police Department for their help and presented her
check to Chief Siitari.
*MINUTES OF THE REGULAR MEETING OF Tune 17, 2003, APPROVED Motion made
by Member Housh and seconded by Member Hovland, approving the Minutes of the
Regular Meeting of the Edina City Council for June 17,2003.
Motion carried on rollcall vote-four ayes.
*HEARING DATE SET OF JULY 15, 2003, FOR PLANNING MATTERS Motion made by
Member Housh and seconded by Member Hovland setting July 15, 2003, for the following
planning matters:
1. Final Rezoning request from POD-1, Planned Office District to PCD-2, Planned
Commercial District for Madison-Marquette. Generally located east of York Avenue
and north of West 66th Street (3100 West 66th Street);
2. Final Development Plan request for Four Crown Inc., (Vulcan Properties/Wendy's).
Generally located in the northeast corner of Yorktown Shopping Mall, and
3. Preliminary Plat Approval of Gearen Hill. (James Gearen) Generally located east of
Highway 169, south of the Crosstown Highway, west of Gleason Road and north of
Valley View Road (6608 Dakota Trail).
Motion carried on rollcall vote-four ayes.
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Minutes/Edina City CounciViuly 1,2003
*RESOLUTION NO. 2003-45, LOT DIVISION APPROVED FOR 5600 AND 5604
HIGHLAND ROAD (ROBERT LOMICKA) Motion made by Member Housh and
seconded by Member Hovland approving the following resolution:
RESOLUTION NO. 2003-45
LOT DIVISION
5600 AND 5604 HIGHLAND ROAD
WHEREAS,the following described properties are at present two tracts of land:
Lot 6,COUNTRYSIDE,Hennepin County, Minnesota,
and
Lot 7,COUNTRYSIDE, Hennepin County, Minnesota
PARCEL 1:
Lot 6, Block 6 and that part of Lot 7, Block 6, COUNTRYSIDE, Hennepin
County, Minnesota lying southerly and westerly of the following described
line:
Commencing at the northwest corner of said Lot 7;thence southeasterly along
the west line of said Lot 7 a distance of 152.99 feet, thence northeasterly at
right angles a distance of 7.45 feet; thence southeasterly at right angles
parallel with the west line of said Lot 7 a distance of 120.00 feet to a point on
the south line of said Lot 7 distant 7.49 feet northeasterly from the southwest
corner of said Lot 7 as measured along the southerly line of said Lot 7 and
there terminating.
PARCEL 2:
Lot 7, Block 6, COUNTRYSIDE, Hennepin County, Minnesota except that
part lying southerly and westerly of the following described line:
Commencing at the northwest corner of said Lot 7,thence southeasterly along
the west line of said Lot 7 a distance of 152.99 feet to the point of beginning
of the line to be described, thence northeasterly at right angles a distance of
7.45 feet; thence southeasterly at right angles parallel with the west line of
said Lot 7 a distance of 120.00 feet to a point on the south line of said Lot 7
distant 7.49 feet northeasterly from the southwest corner of said Lot 7 as
measured along the southerly line of said Lot 7 and there terminating.
WHEREAS, the requested land transfer is authorized under Code Section 810 and it has
been determined that compliance with the Subdivision and Zoning Regulations of the
City of Edina will create an unnecessary hardship and said newly created Parcels as
separate tracts of land do not interfere with the Subdivision and Zoning Regulations as
contained in the Edina City Code Sections 810 and 850,
NOW,THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of the above described tracts of land (PARCEL 1 and PARCEL
2) as separate tracts of land are hereby approved and the requirements and provisions of
code Sections 850 and 810 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but only to the extent permitted under Code Sections 810
and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now
waived for any other purpose or as to any other provisions thereof, and further subject,
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Minutes/Edina City Council/Tuly 1,2003
however,to the provision that no further subdivision be made of said Parcels unless made
in compliance with the pertinent Ordinances of the City of Edina.
Adopted this 1St day of July,2003.
Motion carried on rollcall vote - four ayes.
'RESOLUTION NO. 2003-46 - LOT DIVISION APPROVED FOR 5120 WINDSOR
AVENUE AND 5117 RICHMOND DRIVE (STEVE STRONCEK AND STEVE HONG)
Motion made by Member Housh and seconded by Member Hovland approving the
following resolution:
RESOLUTION NO. 2003-46
LOT DIVISION
5120 WINDSOR AVENUE AND
5117 RICHMOND DRIVE
WHEREAS,the following described properties are at present two tracts of land:
Lot 1, Block 3, RICHMOND HILLS, Hennepin County, Minnesota
and
Lot 6, And Lot 7, Block 2,WESTCHESTER KNOLLS, Hennepin County, Minnesota.
WHEREAS,the owners have requested the following land transfer as follows:
PARCEL A:
Lot 1, Block 3, RICHMOND HILLS, Hennepin County, Minnesota and the
Northerly 20.00 feet of Lot 6 and Lot 7, Block 2, WESTCHESTER KNOLLS,
Hennepin County as measured at right angles to the North line of said Lots 6
and 7.
PARCEL B:
That part of Lot 6 and Lot 7, Block 2, WESTCHESTER KNOLLS, Hennepin
County lying southerly of the Northerly 20.00 feet of said Lot 6 and Lot 7 as
measured at right angles to the North line of said Lots 6 and 7.
WHEREAS, the requested land transfer is authorized under Code Section 810 and it has
been determined that compliance with the Subdivision and Zoning Regulations of the
City of Edina will create an unnecessary hardship and said newly created Parcels as
separate tracts of land do not interfere with the Subdivision and Zoning Regulations as
contained in the Edina City Code Sections 810 and 850;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of the above described tracts of land (PARCEL A and PARCEL
B) as separate tracts of land are hereby approved and the requirements and provisions of
code Sections 850 and 810 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but only to the extent permitted under Code Sections 810
and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now
waived for any other purpose or as to any other provisions thereof, and further subject,
however, to the provision that no further subdivision be made of said Parcels unless made
in compliance with the pertinent Ordinances of the City of Edina.
Adopted this 1St day of July, 2003.
Motion carried on rollcall vote - four ayes.
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Minutes/Edina City Council/Tuly 1,2003
ORDINANCE NO. 2003-8 APPROVED - ADDING NEW SECTION 640, LICENSING
FIREWORKS SALES AND AMENDING SECTION 185.01, SCHEDULE A, BY ADDING
A FEE FOR SALE OF FIREWORKS IN CITY OF EDINA Mr. Hughes stated the requested
clarifications had been made relating to the storage of fireworks to the proposed ordinance.
Member Masica made a motion to grant second reading to Ordinance No. 2003-8 as
follows:
EDINA ORDINANCE NO. 2003-8
An Ordinance Amending The City Code By
Adding A New Section 640- Sale Of Fireworks
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The City Code is hereby amended by adding a new Section 640 as follows:
"Section 640-Sale of Fireworks
640.01 License Required. No person shall store for later sale, offer for sale, expose
for sale, or sell at retail or wholesale any fireworks permitted for sale or use
by Minnesota Statutes 624.20 through 624.25 without obtaining a license in
accordance with this Section. The provisions of Section 160 of this Code
shall apply to all licenses required by this Section and to holders of such
licenses. The term of the license shall be April 1 to March 31.
640.02 Application for License. The application for a license shall be made on
forms provided by the Fire Chief. The application shall be accompanied by
the fee in the amount set forth in Section 185 of this Code.
640.03 Issuance of License. The Fire Chief shall issue a license upon finding that
all the requirements of the City Code and National Fire Protection
Association Standard 1124 (2003 Edition) have been met.
640.04 Compliance with Zoning Ordinance. No person shall store for later sale,
offer for sale, expose for sale, or sell at wholesale or retail any fireworks
unless in full compliance with Section 850 of this Code. Sales from motor
vehicles, trailers, tents or other temporary structures or shelters or from
temporary stands located outside of a permanent building are expressly
prohibited."
Section 2. Section 185 of the City Code is amended as follows:
"SECTION SUBSECTION PURPOSE OF FEE OR COST AMOUNT
640 640.02 Sale of Fireworks $100/year"
Section 3. This ordinance shall be in full force and effect upon passage and publication.
First Reading: June 17,2003
Second Reading: July 1,2003
Published: July 17,2003
Attest
City Clerk Mayor
Member Hovland seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
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Minutes/Edina City CounciOuly 1,2003
FIRST READING GRANTED - ORDINANCE NO. 2003-9, ADDING NEW SECTION
1225, ESTABLISHING A TRANSPORTATION COMMISSION Mr. Hughes noted the
Council at its June 17, 2003, meeting reviewed an initial draft of Ordinance No. 2003-9
establishing a Transportation Commission. He stated that based upon comments received at
that time, staff revised the ordinance. Mr. Hughes pointed out the revision to paragraph A of
Section 1225.02 Purpose and Duties, concerning the Commissions role in the operation and
management of Edina's local street system. Mr. Hughes said Section 1225.03 Membership,
had also been revised to include a student representative.
Mr. Hughes added that as directed, staff had prepared alternatives with respect to the
geographic distribution of Commission members:
1. No change to proposed language. The current language does not require geographic
distribution of Commission members. None of Edina's advisory boards and
commissions require geographic distribution of members and arguably, the
Transportation Commission would be no different than the other boards and
commissions.
2. Suggest geographic distribution. Under this alternative, relevant ordinance language
under Section 1225.03, would be as follows: The mayor shall endeavor to appoint
members such that the Commission is reflective for the different geographic areas of
the City." Under this language geographic distribution would be encouraged, but not
necessarily mandated.
3. Mandate geographic distribution. "The Mayor, with the consent of the Council shall
appoint members to the Commission such that each of the four quadrants of the City
as created by the Crosstown Highway and TH 100 would be equally represented on
the Commission. The Chair of the Commission shall be appointed by the Mayor
without regard to place their place of residence in the City". Based upon this
alternative, the size of the Commission would probably be expanded to nine members.
Member Masica stated that in her opinion geographic distribution should be mandated. She
said in order to truly understand unique traffic patterns in one locale, a person had to
experience it, not just make transitory visits.
Member Hovland said he did not favor mandating geographic distribution. He noted that all
current advisory boards serve at large. Member Hovland said the City Council serves at
large pointing out the City of Edina did not have wards. He said he wanted the most
qualified persons serving on the Commission. Member Hovland suggested following the
second alternative of suggesting geographic balance, noting that the Mayor would endeavor
to appoint persons representing all quadrants of the City.
Mayor Maetzold agreed with Member Hovland stating that from a practical standpoint it
might prove difficult to find persons willing and able to serve from all geographical areas.
Mayor Maetzold said he would not want to preclude a highly qualified individual from
serving because of a geographic mandate.
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Minutes/Edina City CounciVIuly 1,2003
Member Housh stated he felt diversity of viewpoint was very important to this Commission,
but agreed with a suggested, not mandated geographic representation.
Member Masica stated that traffic was a very emotional issue and she wanted to make sure
all interested qualified candidates were considered. Member Housh agreed with Member
Masica but reiterated his belief that the composition should be suggested not mandated
geographically.
Member Hovland said that if it became apparent that there was no balance on the
Commission, the ordinance could be changed to mandate the Commissions composition in
the future. Mayor Maetzold assured everyone that the Commission would be balanced in
composition.
Member Hovland made a motion granting First Reading to Ordinance No. 2003-9 adding
new Section 1225 establishing a Transportation Commission using proposed Alternative 2
for Section 1225.03 Membership. Member Housh seconded the motion.
Ayes: Housh, Hovland, Maetzold
Nay: Masica
Motion carried.
PROPOSED ORDINANCE AMENDING SECTION 900.10, SUBD 7 - HOURS OF SALE
DISCUSSED; MOTION FAILED Affidavits of Notice were presented, approved and ordered
placed on file.
Member Housh asked why the Council would consider adopting an ordinance that would
establish a closing time different than State Law. He stated he felt the City should not retain the
1:00 a.m. closing,but rather be uniform to State Law.
Mayor Maetzold noted that Edina only issues liquor licenses to restaurant and the two country
clubs. The City's Code does not allow liquor licenses to be issued to bars and Mayor Maetzold
stated he supported retaining the 1:00 a.m. closing time.
Member Masica said she agreed with Member Housh that the City should follow state law and
keep the closing time uniform.
Member Hovland asked if there would be additional cost for enforcement in keeping
establishments open another hour; and could the Council at a later date choose to go back to the
1:00 a.m. closing time. Chief Siitari answered that due to the nature of the licensed
establishments in Edina, he did not believe allowing a 2:00 a.m. opening would increase
enforcement costs. Attorney Gilligan stated that there could be difficulties in attempting to
return to a 1:00 a.m. closing since businesses would have already had the 2:00 closing time.
Member Housh reiterated his desire to maintain a uniform closing time with the rest of the state.
Member Masica stated the City did not have clubs and most likely their establishments would
not stay open until 2:00 a.m.,but she agreed with Member Housh that the City should be uniform
with State law.
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Minutes/Edina City Council/Tuly 1,2003
Mayor Maetzold said it should be remembered that when the City held the election to allow the
intoxicating liquor it was only for restaurants, not for bars. He added that retaining the 1:00 a.m.
closing time would be more in line with the City's philosophy.
Member Hovland agreed with Mayor Maetzold and stated he was in favor of retaining the 1:00
a.m. closing time.
Nancy Kuphal, 5500 McGuire Road, stated she felt the City should be uniform with State law.
Member Masica made a motion to close the public hearing. Member Housh seconded the
motion.
Ayes: Housh, Hovland, Masica, Masica
Motion carried.
Member Hovland made a motion granting First Reading to Ordinance No. 2003-10
amending Section 900.10 Subd. 7 Hours of Sale to retain the 1:00 a.m. closing Monday
through Saturday evenings. Mayor Maetzold seconded the motion.
Ayes: Hovland, Maetzold
Nays: Housh, Masica
Motion failed due to lack of majority.
*AWARD OF BID FOR FIBEROPTIC CABLING FOR CITY HALL TO ECC WATER
TOWER Motion made by Member Housh and seconded by Member Hovland for award of
bid for fiber optic cabling for City Hall to Edina Community Center water tower to
recommended low bidder, T-Ray Construction Company at $18,244.00.
Motion carried on rollcall vote - four ayes.
BID AWARDED FOR SHERWOOD PARK PLAYGROUND EQUIPMENT Member
Hovland removed the award of bid for Sherwood Park Playground Equipment from the
consent agenda for further information. He inquired whether the neighborhood had input
into the plans for the park. Director Keprios said after a laborious attempt to involve the
public in the park plan, some suggestions were received.
Member Hovland made a motion approving the award of bid for the Sherwood Park
Playground Equipment to recommended low bidder, Koolmo Construction, Inc., at
$94,191.00 plus tax.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
BID AWARDED FOR CITY HALL/POLICE DEPARTMENT SECURITY ACCESS
CONTROL SYSTEM AND CCTV Member Hovland removed the award of bid for City
Hall/Police Department the security access control system and closed circuit television for
further information. He inquired whether there was a line item on the budget for City Hall.
Assistant Manager Anderson responded this item was a part of the technology portion of the
City Hall/Police Department budget. He explained that ultimately the amount budgeted for
the system and CCTV would be over budget because the security system for City Hall was
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Minutes/Edina City Council/f my 1,2003
added after the technology budget was approved. Member Hovland asked if only one bid
was received for this system. Mr. Anderson said the bid was under state contract.
Member Hovland made a motion for award of bid for the City Hall/Police Department
Security Access Control System and Closed Circuit Television to recommended sole
bidder, Pro-Tec Design, Inc., in the amount of $173,438.00 under State of Minnesota
Contract. Member Housh seconded the motion.
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
*AWARD OF BID FOR 4 X 4 COMPACT PICKUP TRUCK FOR PARK MAINTENANCE
DEPARTMENT Motion made by Member Housh and seconded by Member Hovland for
award of bid for 4 x 4 compact pickup truck for the park maintenance department to sole
bidder, Thane Hawkins Chevrolet, under Hennepin County Contract #1109A2, at
$15,688.00 plus tax.
Motion carried on rollcall vote-four ayes.
AWARD OF BID FOR FOUR MONITOR/DEFIBRILLATORS - FIRE DEPARTMENT
Member Hovland removed the bid for four monitor/defibrillators for the Fire Department
from the consent agenda for additional information. He asked how these four defibrillators
fit into the mix with the units received from Fairview Southdale Hospital. Chief Scheerer
noted that the Fire Department used more extensive, advance life support units. The other
units were basic,automatic, external defibrillators but were made by the same manufacturer.
Member Hovland made a motion for award of bid for four monitor/defibrillators for the
Fire Department to sole bidder, Medtronic Physio-control monitor defibrillators,
purchased through the North Central EMS Cooperative, at $84,646.20. Member Masica
seconded the motion.
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
AWARD OF BID FOR ENGINEERING SURVEY VAN Member Masica said she removed
the award of bid for an engineering survey van for more information. She inquired why a 3/4
ton cargo van would be more desirable than a 1 ton. Engineer Houle explained the extra four
feet of length of the 1-ton van was more of a safety issue on construction sites. The 1-ton van
would be a 'gutted' van and would require the same amount of money for headliners and
installation.
Member Masica made a motion for award of bid for the difference between a 1-ton and a
3/4 ton cargo van for the engineering survey van replacement to recommended sole bidder,
Nelson GMC under Hennepin County Contract #1109A2 at $2,373.66. Member Hovland
seconded the motion.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
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Minutes/Edina City Council/iuly 1, 2003
NEW WINE AND ON-SALE 3.2 BEER LICENSES FOR NEW DELHI INDIAN BISTRO
17078 AMUNDSON AVENUE) Manager Hughes explained New Delhi Indian Bistro applied
for a new on-sale wine and 3.2 beer license at 7078 Amundson Avenue. Necessary paperwork
had been filed and applicable fees paid. He noted that the Administrative, Health, Planning
and Police Departments have all reviewed the application with no negative findings and staff
recommended the Council grant the requested licenses.
Member Masica made a motion approving on-sale wine and 3.2 beer licenses for the New
Delhi Indian Bistro at 7078 Amundson Avenue for the period of, July 1, 2003, through
March 31, 2004. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
*RESOLUTION NO. 2003-44, APPROVING COOPERATIVE AGREEMENT WITH
MnDOT - SOIL CORRECTION OF CROSSTOWN RAMP Motion made by Member
Housh and seconded by Member Hovland introducing the following resolution and
moving its adoption:
RESOLUTION No. 2003-44
COOPERATIVE AGREEMENT WITH MnDOT
FOR SOIL CORRECTION OF CROSSTOWN RAMP
BE IT RESOLVED that the City of Edina, enter into Mn/DOT Agreement No. 77640
with the State of Minnesota,Department of Transportation for the following purposes:
To provide for payment by the State to the City of the State's share of the costs of
the ramp soil correction construction and other associated construction to be performed
upon, along and adjacent to Trunk Highway No. 62 at the Valley View exit ramp and on
Valley View Road within the corporate City limits under State Project No. 2774-13
(T.H.62=384), State Aid Project No. 120-010-09 and State Aid Project No. 120-150-06.
IT IS FURTHER RESOLVED that the Mayor and City Manager are authorized to
execute the Agreement and any amendments to the Agreement.
Passed and adopted this 1st day of July,2003
Motion carried on rollcall vote -four ayes.
VISION 20/20 UPDATE PRESENTED Manager Hughes presented a redlined copy of
Edina's Vision 20/20 with minor changes portrayed. He said staff recommended adoption of
the update.
Following a brief Council discussion, Member Masica made a motion adopting Edina's
Vision 20/20 update with the Council's recommended changes. Member Housh seconded
the motion.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
APPOINTMENTS MADE TO BOARDS, COMMISSIONS, COMMITTEES Mayor
Maetzold suggested appointing Spencer Anderson, Edina High School student, to the
Community Health Committee for a term of one year.
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Minutes/Edina City Council/Tuly 1,2003
Mayor Maetzold made a motion appointing Spencer Anderson, an Edina High School
student to the Community Health Committee for a term of one year. Member Hovland
seconded the motion.
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
Mayor Maetzold informed the Council George Kuebler had recently resigned from the Art
Center Board. An application has been received from a former Art Center Board Member,
Heather Randall King,seeking to fill the vacancy left by Mr. Kuebler.
Mayor Maetzold made a motion appointing Heather Randall King to the Art Center Board
to fill the unexpired term of George Kuebler to February 1, 2005. Member Masica seconded
the motion.
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
Mayor Maetzold informed the Council of his intent to appoint Member Masica as the Council
Representative to the Community Education Services Board for term to June 30,2004.
Mayor Maetzold made a motion appointing Linda Masica as Council Representative on
the Community Education Services Board for term to June 30, 2004. Member Hovland
seconded the motion.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
*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 June 19, 2003, and consisting of 41 pages: General Fund
$167,186.42; CDBG Fund $37.00; Communications Fund $2,800.00; Working Capital Fund
$709,815.80; Construction Fund $380,691.01; Art Center Fund $2,653.58; Golf Dome Fund
$743.22; Aquatic Center Fund $5,199.62, Golf Course Fund $13,587.19, Ice Arena Fund
$27,961.41; Edinborough/Centennial Lakes Fund $17,817.10, Liquor Fund $182,650.75;
Utility Fund $428,951.62; Storm Sewer Fund $30,660.07; Recycling Fund $31,234.41; PSTF
Agency Fund $27,551.03, TOTAL $2,029,540.23; and for approval of payment of claims
dated June 25, 2003, and consisting of 45 pages: General Fund $333,479.15;
Communications Fund $15,560.33; Working Capital Fund $209,036.89; Construction Fund
$251,799.45; Art Center Fund $21,918.24; Aquatic Center Fund $40,276.76; Golf Course Fund
$42,765.81; Ice Arena Fund $4,218.04, Edinborough/Centennial Lakes Fund $10,199.76;
Liquor Fund $130,186.81; Utility Fund $22,990.73; Storm Sewer Fund $8,684.87; PSTF
Agency Fund$712,481.00; TOTAL $1,803,597.84.
Motion carried on rollcall vote-four ayes.
COMPREHENSIVE ANNUAL FINANCIAL STATEMENT (CAFR) FOR 2002 RECEIVED
Director Wallin presented Edina's Comprehensive Annual Financial Statement (CAFR) for
2002 and commented that again this year, no management letter had been received from the
Auditors noting concerns or suggested changes to the City of Edina's financial system.
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Minutes/Edina City Council/iuly 1,2003
Following positive Council acclamations, of the Financial/Audit process, Member Hovland
made a motion approving receipt of the Comprehensive Annual Financial Statement
(CAFR) for 2002, as presented. Member Housh seconded the motion.
Ayes: Housh,Hovland, Masica, Maetzold
Motion carried.
*RESOLUTION NO. 200343 APPROVED - AUTHORIZING INVESTMENT
AGREEMENT Motion made by Member Housh and seconded by Member Hovland
approving Resolution No. 2003-43 as presented:
RESOLUTION NO. 200343
A RESOLUTION AUTHORIZING
INVESTMENT AGREEMENT
BE IT RESOLVED, that Gordon Hughes and/or John Wallin who is/are Officer's of
the City of Edina, is/are authorized to enter into agreements or commitments to open,
maintain and close accounts with banks,brokers and other financial institutions with which
it does business,and are authorized to sign on individual bank and broker accounts and such
Officers are further authorized to cancel such authority,and
BE IT FURTHER RESOLVED,that John Wallin and/or Peggy Gibbs is/are authorized
to purchase or sell any and all securities as authorized by the City of Edina's Investment
Policy (as attached), and that the Officer is authorized on behalf of the City of Edina to sign
any necessary documentation: to give written or oral instructions with respect to said
transactions: to obligate the City for the carrying out of any contract, agreement, or
transaction; to pay by check or wire; and to take any and all such actions in the name of and
on behalf of said City that would be considered desirable and necessary with respect to said
transaction;and
BE IT FURTHER RESOLVED that the bank,broker or other financial institution may
rely upon the actions of the Officer as the City of Edina representative that any and all
securities purchased are legal and authorized investments under the City's applicable
policies and/or statutory requirements. The city of Edina represents that it will provide these
applicable policies and/or statutory requirements, and that it will notify the bank, broker or
other financial institution of any changes made;and
BE IT FURTHER RESOLVED that the Clerk of the City of Edina is authorized and
directed to certify,under the seal of the City of Edina,to you a true copy of these resolutions
and specimen signatures of each and every person empowered by these resolutions;and
I FURTHER CERTIFY that said resolutions shall continue in full force and effect,
until revoked or modified by the Edina City Council and written notice is received by the
bank, broker or other financial institution, such notice setting forth a resolution adopted to
effect said revocation or modification and authorizing the new signatory and/or person
authorized to obligate the City of Edina securities transaction.
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed the seal of
the City of Edina this first day of July 2003,by order of the Edina City Council.
Motion carried on rollcall vote -four ayes.
CONCERNS OF RESIDENTS
Alan Goltzman, 5720 Abbott Avenue, voiced concern with the City's Code of Ordinances
pertaining to the height of residential fences. He said his neighbor at 5716 Abbott Avenue
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Minutes/Edina City Council/Tuly 1,2003
recently built an eight-foot fence abutting his property. After contacting the City, Mr.
Goltzman was told the maximum height of a fence was eight-feet. Upon checking the fence,
he found only one fence post measured eight-feet. The installer of the fence said many times
dirt was used to make the fence comply with the eight-foot limit. Mr. Goltzman asked if the
fence owner was back filling dirt on the posts, if both sides of the fence should be backfilled.
Mr. Goltzman asked what the purpose was of an Ordinance that cannot be enforced. He
stated that his second issue was an eight-foot fence with a five-foot setback did not enhance
the neighborhood.
Member Housh asked if he knew what type of fence was going to be installed before it went
up. Mr. Goltzman said no.
Mr. Hughes explained that fence height was deliberated extensively when the Zoning
Ordinance was codified.
Member Masica inquired what the hardship was being suffered by Mr. Goltzman. Mr.
Golztman responded there was a view of the fence from their windows where it was over
eight-feet in height.
Member Hovland said upon examination, the fence appears out of scale for the area. He
suggested staff look at the Ordinance to see if it could be more explicit.
Planner Larsen said he believed the Ordinance has worked well. He stated that some
parameters must be established and eight feet has been workable, but added staff could
certainly review the issue of maximum heights of fences relative to the surrounding
neighborhood.
Mr. Hughes indicated that in smaller lot neighborhoods with a five-foot setback requirement,
the fence standard might need to be six feet rather than eight feet, to track more with the
scale of the neighborhood.
No formal Council action was taken.
Christine Bishop, 5716 Abbott Avenue South, indicated she was the owner of the fence in
question and said she has tried to comply with all Edina Ordinances - 1) the lot was
surveyed, 2) permit acquired from the City, and 3) fence posts were measured by the City
and found in compliance. Ms. Bishop explained the need for privacy at her home has grown
with the Goltzmans many additions. The eight-foot fence does create some privacy for her
family.
Hugh Bishop, Attorney for the Bishops, stated that 'anytime the City wanted to regulate
something and take away one or more rights of the owner, it was for something that cannot
be measured.' Mr. Bishop presented pictures of the two lots, pointing out the un-level ground
and the close proximity of the Goltzman s home to the lot line. He said with this close
proximity, the fence's scale seemed appropriate. He said the question was whether it was
appropriate to bring in soil to even out the land. If the purpose of the Ordinance was to bring
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Minutes/Edina City Council/f my 1,2003
out the quality of appropriateness of scale, there could be a difference of two inches and yet
reach the desired result. He stated the homeowner did nothing wrong and had not attempted
to be malicious,just wished for more privacy. He concluded that the Ordinance should be left
alone.
Dave Kuso, Landmark Fence, explained he has been building fences for eighteen years and
the subject fence as installed in his opinion, met all Ordinance requirements.
Member Housh commented he has seen statistic sheets of measurements on both sides of the
fence. He questioned which statistics must meet the requirement in order for the City to sign
off on the permit. Building Official Kirchman explained that fences were usually only
measured on the property that has a permit.
Member Hovland asked what a 'fence issue' would be. Mr. Kirchman said much depends on
the inspector's perception of grade, etc.
Member Masica suggested language stating a fence height measurement of eight feet should
be taken from the 'original grade'.
Mr. Hughes said staff would examine the Ordinance pertaining to height of fences and bring
the issue before the Planning Commission.
Herman Baines, 6101 Tracy Avenue, said he has been a gardener for a number of years and
every year his garden was destroyed by the deer. He contended that being able to grow a
garden on his property was a reasonable use for his property and he was seeking help with
eliminating this destructive nuisance. He further inquired what he, as a resident of Edina
who wants to grow a garden, could do. Mr. Hughes said the City has had a deer program for
10-12 years and progress has been made. Park Superintendent Cockriel noted that the
program has forced the herd to the northwest portion of Edina. He stated that Bredeson Park
might be a harvesting spot for next fall.
Nancy Kuphal, 5500 McGuire Road suggested the ideal number of deer for Edina should be
30. She stated the reason for her attendance was for help with the removal of her 40 year-old
maple tree that was lost in the storm. She stated she did not live in the designated area and
had been told to take her tree debris to one of two drop off sites. She had been told she could
not hire someone to pick up her debris and dump it as no commercial haulers were allowed
in the dumpsites. Mr. Cockriel said commercial haulers have abused the dumpsites in the
past and that was why the policy was established, however, in this case Ms. Kuphal could
accompany her contractor to either dumpsite.
Mayor Maetzold explained historically property clean up was the responsibility of the
homeowner. Tree debris that falls in the street would be the City's responsibility.
Mr. Hughes said the estimated cost of storm clean up was currently at $250,000.00. Federal
funds paperwork has been received for funds from FEMA. Full-time staff was working 10-14
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Minutes/Edina City Council/iuly 1,2003
hours day and the City has rented equipment to help with the clean up. The contingency
budget will used to cover the expenses of this storm's clean up.
Member Housh inquired how FEMA funds were acquired and whether a 'disaster area'
needed to be declared. Mr. Cockriel said there possibly might be a collaborative effort with
Hennepin County showing the impact the storm had on the community.
Member Masica said she had visited with residents in the storm area and was told that there
was extreme gouging happening from tree service companies.
The Council reviewed the City's policy regarding clean up from the storm.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 10:10 P.M.
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Cityderk
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