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HomeMy WebLinkAbout2004-04-07 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 7,2004 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 and a PP r v'm the Council Consent Agenda as presented. Rollcall: Ayes: Housh,Hovland,Masica, Maetzold Motion carried. *MINUTES OF THE REGULAR MEETING OF MARCH 16, 2004, APPROVED Motion made by Member Housh seconded by Member Hovland approving the Minutes of the Regular Meeting of the Edina City Council for March 16,2004. Motion carried on rollcall vote-four ayes. RESOLUTION NO. 2004-26 APPROVING STREET IMPROVEMENTS - PROTECT A-205: WOODDALE AVENUE FROM VALLEY VIEW ROAD TO WEST 56TH STREET Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Engineer Engineer Houle explained the proposed improvement had been initiated by staff and would consist of reconstructing the entire roadway from Valley View Road to West 56th Street to MSA standards. He noted the existing roadway was in relatively poor condition. All of the pavements were brittle with major block and alligator cracking. In his opinion, Mr. Houle said overlaying or seal-coating the pavement would not solve the problem. He said the reconstructed roadway would be two lanes flanked by concrete curb and gutter, sodded boulevards and a sidewalk on the easterly side of Wooddale Avenue. Mr. Houle said for the stretch between 58th to 59th Streets a behind the curb style sidewalk was proposed due to topography. He noted that the location of the sidewalk has been somewhat controversial. Concluding, Mr. Houle stated the existing driveway aprons would be replaced with five-foot radii concrete aprons. He said the estimated total project cost would be $1,065,000. Of the total project cost, twenty percent was proposed to be assessed to the benefited property owners, as has been the policy with MSA streets. Special assessments of approximately$34 per assessable front foot were proposed. Mr. Houle said there would be a ten-year payback for the assessments and reminded Council that properties abutting the project area with their backyard or side yard would be assessed at one-third of the front footage rate,while commercial properties will be assessed at twice the assessable front foot rate. Mayor Maetzold stated he thought the policy when reconstructing streets was to also replace water and sanitary sewer. Mr. Houle explained that water and sewer mains were analyzed and it was determined that they were not in need of replacement at this time because there has not been enough breaks or repairs to warrant replacing them. Member Housh asked if the eighty percent MSA fund twenty percent special assessment split of the project costs was state mandated. Mr. Houle explained that this had been a City policy. Member Hovland asked about feedback from the neighbors relative to allowing parking on one side of the street and the boulevard vs. behind the curb style of sidewalk. Mr. Houle stated that currently Page 1 Minutes/Edina City Council/April 7,2004 parking was only allowed on one side of Wooddale Avenue and that response had been mixed regarding the chosen sidewalk style. Public Comment Clara Hastings, 4428 West 58th Street, stated she favored sidewalks behind the curb and not with a boulevard. Allen Beers,6045 Wooddale Avenue,supported sidewalk,but vehemently opposed to boulevard. Mimi Lam, 4428 Philbrook Avenue, opposed boulevard sidewalk and requested behind the curb sidewalk. She stated it would remove too much of her driveway and she was fearful of drainage problems. Rita Lederale, 6017 Wooddale Avenue, stated she was thankful for the sidewalk and asked if trees would be allowed to be planted in the boulevard. Mr. Houle said trees could be planted and a suggested list of varieties would be made available. David Cowan, 14 Woodland Road, supported behind the curb sidewalk,not boulevard sidewalk. Mr. Cowan said he would loose several thirty-year-old lilacs and a fence that have been a barrier between his yard and Wooddale if a boulevard were to be installed. He asked what will happen if lilacs need removal. Mayor Maetzold asked how the City would respond to a homeowner with this concern. Mr. Houle stated that the right-of-way extends between ten to fifteen feet from the curb, but they work with homeowners to minimize and loss of landscaping and attempt to restore disturbed plantings. They would also re-install his fence. Barry Carte,4208 Bransen, asked why sidewalks were being proposed at four to five feet. Mr. Houle explained this allowed maintenance of the sidewalks with City equipment since this was a State Aid street and the City would be doing snow removal. Laura Ericksen, 6037 Woodland Avenue, supported boulevard sidewalks because she felt they were safer. Gwendolyn O'Connor, 5813 Wooddale Avenue, supported curbside sidewalks because she has some mature crab trees about eleven feet from the curb that she did not want to loose. Bill Leske, 5900 Wooddale Avenue, stated he was pleased to hear that the project would allow homeowners to connect their sump pumps to the storm sewer, but wondered how that will be provided. Mr. Houle said the City will provide a service box point in the street and the homeowner will need to run the service line to their sump. Member Masica made a motion to close the public hearing. Member Housh seconded the motion. Ayes: Housh,Hovland,Masica,Maetzold Motion carried Council Action Member Hovland asked what were the daily traffic counts for Wooddale. Mr. Houle said approximately 4,300 cars per day. Member Housh stated he intended to support a curbside sidewalk and asked how the traffic would be diverted during construction. Mr. Houle replied traffic would likely be diverted to Cornelia and France during construction. Page 2 Minutes/Edina City Council/April 7,2004 Member Masica asked why staff was recommending boulevard style sidewalks. Mr. Houle replied that staff felt boulevard sidewalks were safer and more aesthetically pleasing. Member Masica agreed that boulevard sidewalks were more pleasing aesthetically, but indicated her intention to support curbside sidewalks. Member Hovland stated he agreed that separating the traffic and pedestrians was better, but in this case he would agree with Members Housh and Masica that behind the curb may be a better alternative due to the topography of the area. Mayor Maetzold stated his agreement with his colleagues, adding he personally preferred the look of boulevard sidewalks and believed them to be safer, but he would support curbside sidewalks in this situation. Member Hovland made a motion introducing the following and moving its adoption: RESOLUTION NO. 2004-26 ORDERING IMPROVEMENT NO. A-205 WOODDALE AVENUE FROM VALLEY VIEW ROAD TO WEST 56TH STREET WHEREAS,the Edina City Council on the 16th day of March 2004,fixed a date for a Council hearing on the proposed street reconstruction,Improvement Nos. A-205,and; WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given,and the hearing was held thereon on the 7th day of April 2004,for Improvement Nos. A-205, reconstructing Wooddale Avenue from Valley View Road to West 56th Street to MSA standards, installing curbside sidewalks on the easterly side of Wooddale and making all necessary safety improvements at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights hereby designated and shall be referred to in all subsequent proceedings as for Improvement Nos. A-205, reconstructing Wooddale Avenue from Valley View Road to West 56th Street to MSA standards, installing curbside sidewalks on the easterly side of Wooddale and making all necessary safety improvements. BE IT FURTHER RESOLVED that Improvement Nos. for Improvement Nos. A-205, reconstructing Wooddale Avenue from Valley View Road to West 56th Street to MSA standards, installing curbside sidewalks on the easterly side of Wooddale making all necessary safety improvements are hereby ordered as proposed. BE IT FURTHER RESOLVED that the City Engineer is hereby designated as the engineer for this improvement. The engineer shall cause plans and specifications to be prepared for the making of such improvement. Passed and adopted this 7th day of April 2004. Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Masica, Maetzold Motion carried. Page 3 Minutes/Edina City Council/April 7,2004 RESOLUTION NO. 2004-27 APPROVING STREET IMPROVEMENTS BA-321 VALLEY VIEW ROAD FROM WEST 65TH STREET TO WOODDALE AVENUE Affidavits of Notice were presented,approved and ordered placed on file. Presentation by Engineer Mr. Houle explained the proposed improvement had been initiated by staff and would consist of reconstructing the entire roadway from West 64th Street to Wooddale Avenue to MSA standards. He noted the existing roadway was in relatively poor condition. All of the pavements were brittle with major block and alligator cracking. In his opinion, Mr. Houle said overlaying or seal-coating the pavement would not solve the problem. He said the reconstructed roadway would be three lanes with a continuous center turn lane flanked by concrete curb and gutter, sodded boulevards and sidewalks on both sides of Valley View Road. Mr. Houle said the road was proposed to be a 39-foot face curb to curb bituminous roadway, which will provide an eleven foot turn lane and two 14-foot through lanes. He stated the existing driveway aprons would be replaced with five-foot radii concrete aprons. Concluding, Mr. Houle said staff was also proposing to construct a cul-de-sac on West 62nd Street at Oaklawn Avenue to correct the safety issue at the intersection of West 62nd Oaklawn and Valley View. The section of West 62nd from Oaklawn to Brookview Avenue will need to be redesignated to Broom Avenue from Valley View Road to West 62nd Street. Mr. Houle said that in keeping with a 1999 Council-adopted policy, the parking bays located within City right-of-ways will be removed with this project. He stated the project was feasible from an engineering standpoint. Mr. Houle said the estimated total project cost would be $1,050,000. Of the total project cost, twenty percent was proposed to be assessed to the benefited property owners as has been the policy with MSA streets. Special assessments of approximately $50 per assessable front foot were proposed. Mr. Houle said there would be a ten-year payback for the assessments and reminded Council that properties abutting the project area with their backyard or side yard would be assessed at one-third of the front footage rate, while commercial properties will be assessed at twice the assessable front foot rate. Member Masica asked if the parking bays were currently located in right-of-way and why was a sidewalk proposed for both sides of the street. Mr. Houle replied the bays were in the City's right-of- way and that with 10,000 cars per day, sidewalks were warranted on both sides of the street. Member Hovland asked why a mixed style of sidewalk was being proposed and what had been the response to the proposed cul-de-sac. Mr. Houle said the sidewalk was being proposed in two styles because both commercial and residential properties exist along the road. He said the response to the cul-de-sac was mixed and that he was certain residents would speak to this issue. Public Comment Trudy Lundgren, 6104 Brookview, stated she supported sidewalks, but expressed concern about the location of the proposed cul-de-sac on West 62nd- fearing that it would force too much traffic up Brookview. Ms. Lundgren suggested installing the cul-de-sac on Oaklawn. She asked if traffic accidents had been analyzed to find out what was the cause of the accidents. Dan Kapke, 6113 Oaklawn, stated he agreed with Ms. Lundgren and expressed his concern with traffic, adding that he believed his neighbors also agreed with his position. Laura Ericksen, 6037 Wooddale, suggested the location of the cul-de-sac be researched further before a decision was made. John Blooston, 6120 Oaklawn,also supported a cul-de-sac due to traffic and speeding. Page 4 Minutes/Edina City Council/April 7,2004 John Neve, 6117 Oaklawn, supported changing the intersection. He said he believed that Pamela Park made Oaklawn a busy street. Joseph Lawver, 6121 Brookview, supported sidewalks but expressed concern over closing off West 62nd Street and forcing all that traffic onto Brookview. Mr. Lawver agreed with the people from Oaklawn and concluded that he supported boulevard sidewalks. Jane Westin, 6145 Oaklawn,stated she lived at the intersection of Oaklawn and 61St. Ms. Westin stated she has seen multiple near-miss accidents. She said the intersection must be improved for safety reasons and that she would accept additional traffic on Brookview if the dangerous intersection could be improved. Josh Hockstra, 6121 Oaklawn, reiterated the concern for safety improvements in the area and agreed that traffic is a problem. Allen Beers, 6045 Wooddale, agreed that West 61St was a disaster and that speeding traffic was a huge problem. Jon Victorsen, 7213 Cornelia Drive, commended staff on the issues the project was addressing saving trees,power lines, etc. He also encouraged approval of new lighting for the area. Jackie Whitbeck, 6128 Brookview, asked if any traffic studies had been completed with models of Brookview traffic if West 62nd were closed. Member Hovland made a motion to close the public hearing. Member Housh seconded the motion. Ayes: Housh,Hovland, Masica,Maetzold Motion carried Council Action Member Masica asked if traffic into Pamela Park was a traffic issue, and if any additional egress could be found for the Park between 58th and 62nd. Mr. Houle explained the Park already had three access points. He pointed out the City did not have the right-of-way to install a cul-de-sac on Oaklawn. Mayor Maetzold suggested that the improvement project be approved, but the cul-de-sac issue be given further study. Member Housh agreed with the Mayor, stating he believed the project could be ordered without any decision made about the proposed cul-de-sac until further study has been done. Member Hovland agreed that he could approve ordering the project while deferring the cul-de-sac, but he cautioned people that the intersection needed to be addressed. Member Masica indicated she would also support ordering the project while conducting further study of the cul-de-sac. Member Hovland made a motion introducing the following and moving its adoption: RESOLUTION NO. 2004-27 ORDERING IMPROVEMENT NO. BA-321 VALLEY VIEW ROAD FROM WEST 64TH STREET TO WOODDALE AVENUE Page 5 Minutes/Edina City Council/April 7,2004 WHEREAS,the Edina City Council on the 161h day of March 2004,fixed a date for a Council hearing on the proposed street reconstruction,Improvement No. BA-321,and; WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 7th day of April 2004, for Improvement Nos. BA- 321, reconstructing Valley View Road from West 64th Street to Wooddale Avenue to MSA standards, installing curbside sidewalks and making all necessary safety improvements at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights hereby designated and shall be referred to in all subsequent proceedings as Improvement Nos. BA-321, reconstructing Valley View Road from West 64th Street to Wooddale Avenue to MSA standards, installing curbside sidewalks and making all necessary safety improvements. BE IT FURTHER RESOLVED that Improvement Nos. BA-321, reconstructing Valley View Road from West 64th Street to Wooddale Avenue to MSA standards, installing curbside sidewalks and making all necessary safety improvements are hereby ordered as proposed. BE IT FURTHER RESOLVED that the City Engineer is hereby designated as the engineer for this improvement. The engineer shall cause plans and specifications to be prepared for the making of such improvement. Passed and adopted this 7th day of April 2004. Member Masica seconded the motion. Rollcall: Ayes: Housh, Hovland,Masica,Maetzold Motion carried. *HEARING DATE SET FOR APRIL 20,2004, CONDITIONAL USE PERMIT APPROVAL EDINA SCHOOL DISTRICT 273, BOND REFERENDUM PROTECTS AND ADDITIONS TO EDINA HIGH SCHOOL, VALLEY VIEW AND SOUTHVIEW MIDDLE SCHOOLS EDINA COMMUNITY CENTER AND ATHLETIC FIELDS Motion made by Member Housh and seconded by Member Hovland setting April 20, 2004, for the following planning matter: Conditional Use Permit Approval, Edina School Districts 273, Bond Referendum Projects and additions To Edina High School, Valley View and Southview Middle Schools, Edina Community Center and Athletic Fields Motion carried on rollcall vote-four ayes. RESOLUTION NO. 2004-28 AND ORDINANCE 850-A25 APPROVING PRELIMINARY REZONING AND PRELIMINARY PLAT - WALLINGFORD PARTNERSHIP (5101 WEST 70TH STREET) Affidavits of Notice were presented,approved and ordered placed on file. Member Masica stated that her son was an employee of KKE, the architects for the proponents, but was not in any way connected with this parcel. She said that since he was not involved with the project, she intended to take part in the discussion and voting since that would not constitute any conflict. Attorney Gilligan confirmed that Member Masica would not have any conflict. Planner Larsen stated the proposal for redevelopment of the Wallingford Apartments at 5101 West 70th Street had been before the Council November 18, 2003, when the hearing was continued. Following the November meeting, the proponents decided to raze the underground garage and Page 6 Minutes/Edina City Council/April 7,2004 redesign the buildings. Mr. Larsen said the revised plans have reduced the number of units from 119 to 117 apartments, but were similar to the November 2003 plans. He said the number of units had been reduced due to potential encroachment onto a sewer easement. Mr. Larsen explained the property's current zoning, PR D-3, would limit building height to three stories, therefore, the proponents have requested rezoning to PRD-4. Density for the site has been determined on a basis of lot area per dwelling unit. The PRD-4 district requires 2,900 square feet of lot area per unit, which may be reduced by certain credits. In this case, the proposal received credits for under building parking, lot size and proximity to a freeway resulting in a net required lot area of 1,900 square feet per unit if zoned PRD-4. Therefore, the maximum density allowed on this site would be 132 units. The 117 units proposed for the site would comply with code for a PRD-4 District. Mr. Larsen said there would actually be two buildings and the property re-platted into two separate lots with each owner holding one lot and their portion of the building on that lot independent of the other. Mr. Larsen reviewed the plans for the proposed redevelopment, stating that the proponents have agreed to provide three affordable housing units as requested by the Mayor at the November meeting. He said no public assistance would be required for the affordable units. Mr. Larsen said the Planning Commission recommended the project be granted preliminary rezoning and preliminary plat approval with conditions: final rezoning, final plat, Watershed District Permits, agreement to provide three affordable units,and proof of parking agreement. Member Masica asked if the buildings were to be physically connected with a common wall and what would be visible at grade. Vasco Bernardi,5346 Poplar Circle,Bloomington,stated there would be plantings between the two buildings and they will be physically separate. Member Housh asked if any variances were required for the project. Mr. Larsen said they would need a setback variance to avoid encroaching onto the sewer line. He added that there would not be a height variance because the rezoning would allow the building to be as high as proposed. Mr. Larsen said that although the proposed building would be one story higher than the razed building,it would have a more residential look. Member Hovland expressed concern that the site be adequately landscaped and bermed to offer as much screening as possible to the residential neighbors. He also asked if proof of parking would be required due to allowing the proponent to not build all the parking required by code since experience had shown it to be not necessary. Mr. Larsen replied affirmatively. Public Comment Alan Hohenstein, 5104 West 70th Street, stated he lived north of the proposed complex and said he wanted a lower slope to the roof. He stated he had meet with the proponents' architects and proposed some changes to the plan which had not been acted upon. Mr. Hohenstein expressed concern about potential encroachment into the flood plain. Roy Earl,5161 Abercrombie, said he did not agree with the proposed increase in density. He stated he did not care for the growing trend in redevelopment to overbuild sites. He thought the trend should be to retain green space. Mr. Larsen explained this was a high-density site in the City's Comprehensive Plan because of its unique location with commercial and residential properties in close proximity. Member Masica made a motion to close the public hearing. Member Hovland seconded the motion. Page 7 Minutes/Edina City Council/April 7,2004 Member Masica asked that the proponent consider continuing the berm and landscaping along West . 70th Street. Mr. Bernardi indicated his willingness to comply with this request. Mr. Larsen reminded the Council that the landscaping was not a component of preliminary approval. Member Housh stated he felt the Council should look at the height issue of the redevelopment since it was dramatically increased. Mr. Hughes pointed out that this parcel was unique in its location in proximity with commercial,single family and high density residential properties. Member Masica commented that she believed the building would be an improvement and make the site look less industrial. She added that she believes the Council should review the issue of affordable housing. Member Masica stated she felt developers should be given clear instructions at the time of application if affordable units will be desired. Members Housh,Hovland and Mayor Maetzold agreed with Member Masica. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO 2004-28 APPROVING PRELIMINARY PLAT FOR WALLINGFORD APARTMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that plat for the redeveloped Wallingford Apartments presented by Vasco and Anthony Bernardi at the regular meeting of the City Council on April 7, 2004 be and is hereby granted preliminary plat approval subject to the following five conditions: final rezoning, final plat, Watershed District Permits, agreement to provide three affordable units;and proof of parking agreement. Passed and adopted by the Edina City Council this 7th day of April,2004 Member Masica seconded the motion. Rollcall: Ayes: Housh, Hovland,Masica, Maetzold Motion carried. Member Hovland made a motion to grant first reading to Ordinance No. 850-A25 granting preliminary rezoning to the property at 5701 West 70th Street from PRD-3 to PRD-4. Member Masica seconded the motion. Rollcall: Ayes: Housh, Hovland,Masica, Maetzold Motion carried. *RESOLUTION NO. 2004-29 APPROVING LOT DIVISION 04-01 -5528 WEST 70TH STREET AND 6920 HILLSIDE LANE (MAREN SANDERSON/BRIDGET MITCHELLETTE) Motion made by Member Housh and seconded by Member Hovland introducing the following resolution and moving approval: RESOLUTION NO. 2004-29 APPROVING A LOT DIVISION FOR 5528 WEST 70TH STREET AND 6920 HILLSIDE LANE WHEREAS,the following described tracts of land constitute various separate parcels: Lot 19, Block 6, LA BUENA VISTA, HENNEPIN COUNTY, MINNESOTA,according to the recorded plat thereof,Hennepin County,Minnesota. AND Page 8 Minutes/Edina City Council/April 7,2004 Lot 17, Block 6, LA BUENA VISTA,HENNEPIN COUNTY, MINNESOTA, according to the recorded plat thereof,Hennepin County,Minnesota. WHEREAS, the owners of the above described of land desire to subdivide and combine said tracts in to the following described new and separate parcels (herein called "parcels") described as follows: PARCEL A: Lot 19, Block 6, LA BUENA VISTA, HENNEPIN COUNTY, MINNESOTA,according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT that part of the southerly 5.00 feet of said Lot 19 lying westerly of the northerly extension of the east line of Lot 17,said Block 6. PARCEL B: Lot 17, Block 6, LA BUENA VISTA,HENNEPIN COUNTY, MINNESOTA, according to the recorded plat thereof,Hennepin County,Minnesota. Together with the southerly 5.00 feet of Lot 19, said Block 6, lying westerly of the northerly extension of the east line of said Lot 17. WHEREAS, the requested subdivision 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 7th day of April,2004. Motion carried on rollcall vote-four ayes. *RESOLUTION NO. 2004-30 APPROVING LOT DIVISION 04-2 - 6310-12 XERXES AVENUE SOUTH (EDWIN AND DOROTHY SISAM) Motion made by Member Housh and seconded by Member Hovland introducing the following resolution and moving approval: RESOLUTION NO. 2004-30 APPROVING A LOT DIVISION FOR 6310-6312 XERXES AVENUE SOUTH WHEREAS,the following described properties are at present one tract of land: Lot 1, Block 1, Xerxes Avenue Addition, Hennepin County, State Of Minnesota, except alley. WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called"parcels") described as follows: PARCEL A: Lot 1, Block 1, Xerxes Avenue Addition described as lying North of a line described as running from a point on the East line of said Lot 1, a distance of 41.35 feet South of the Northeast corner; thence West parallel to the North line Page 9 Minutes/Edina City Council/April 7,2004 75.0 feet; thence North parallel with the East line of said Lot 1, a distance of 1.35 feet;thence West parallel with said North line to appoint on the West line a distance of 40.00 feet more or less South of the Northwest corner thereof. PARCEL B: Lot 1, Block 1, Xerxes Avenue Addition described as lying South of a line described as running from a point on the East line of said Lot 1, a distance of 41.35 feet South of the Northeast corner;thence West parallel to the North line 75.0 feet; thence North parallel with the East line of said Lot 1, a distance of 1.35 feet;thence West parallel with said North line to appoint on the West line a distance of 40.00 feet more or less South of the Northwest corner thereof. WHEREAS, the requested subdivision 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 7th day of April,2004. Motion carried on rollcall vote-four ayes. FIRST READING GRANTED TO ORDINANCE NO. 2004-04 - AMENDING SECTIONS 100,185, 400,AND 410- ADOPTING CURRENT MINNESOTA STATE BUILDING CODE Building Official Kirchman reviewed technical changes needed to the City's Code to bring it into compliance with the latest Minnesota State Building Code (MSBC) which has been adopted by the State. He noted the new MSBC adopted the 2000 International Building Code (IBC) and 2000 International Residential Code (IRC) by reference, adding that the Uniform Building Code referred to in Edina's Code was no longer published. Mr. Kirchman stated adoption of the current MSBC was mandated by State law. He added he was recommending first reading of the ordinance, which would allow him to refine the fee section where he had noticed an error. Mayor Maetzold made a motion to grant first reading to Ordinance No 2004-03 amending Sections 100, 105, 185, 400, 410, 430, 435, 440, 815 and 830 of Edina Code. Member Housh seconded the motion Rollcall was taken: Ayes: Housh,Hovland,Masica,Maetzold. Motion carried. FIRST READING GRANTED TO ORDINANCE NO. 2004-05- ESTABLISHING A DISORDERLY HOUSE ORDINANCE Police Chief Siitari said resident complaints and Council concerns about rental properties resulted in a discussion at the March 1, 2004, City Council meeting. It was noted that rental housing could present a different set of problems than owner occupied housing relative to enforcement and maintenance issues. Mr. Siitari stated that since the complaints focused on behavior rather than maintenance issues, staff was directed to draft an ordinance that would define a Page 10 Minutes/Edina City Council/April 7,2004 disorderly house and provide remedies for violators. He explained the ordinance presented to the Council was drafted from the template provided in MS 609.33 Disorderly House. Mr. Siitari said the Edina s proposed ordinance would cover a broader range of violations than the state statute because it would allow the city to take action against the property owner,in addition to the tenants. He stated this would be an additional enforcement tool when problems occur reiterating the ordinance would apply to both tenants and owners. He noted this would give the Police some more tools by allowing them to notify owners when problems were encountered with a particular tenant. Public Comment Karin Rutter, 4812 West 62nd Street expressed her concern that the proposed ordinance did not delineate clearly enough the circumstances that would make a property a "Disorderly House'. She expressed frustration with a current neighbor and asked the Council to take whatever action was necessary to give she and her neighbors' relief. Mary Carte, 4208 Branson, gave a hypothetical situation and asked what the Council suggested the resident do in that circumstance. Ms. Carte expressed concern about the difficulty of the situation in their neighborhood. Following a brief discussion Member Masica made a motion to grant First Reading to Ordinance No. 2004-05 adding a new Section 1080 to the City Code - Disorderly House. Member Housh seconded the motion. Rollcall was taken: Ayes: Housh,Hovland, Masica, Maetzold. Motion carried. ORDINANCE NO. 2004-06 - APPROVING AMENDING SECTIONS 185, 605, 620 AND 625 ADOPTING CURRENT MINNESOTA FIRE CODE Fire Inspector Jensen gave a brief overview of the technical changes necessitated in the City's Fire Code Chapters with the implementation of the latest version of the Minnesota State Fire Code which has been adopted and enforced by the State of Minnesota statewide since March 31,2003. Mr. Jenson noted that the Uniform Fire Code referred to in Edina Code Chapter Six has ceased use. He reviewed the individual sections and their implications for the City. Following a brief discussion Member Hovland made a motion granting First Reading and waiving second reading of Ordinance No.2004-06 as follows: EDINA ORDINANCE NO.2004-06 AN ORDINANCE AMENDING SECTIONS OF THE CITY CODE TO PROVIDE UPDATES TO THE MINNESOTA STATE FIRE CODE AND REMOVING ALL REFERENCES THE UNIFORM FIRE CODE THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Section 605 of the City Code shall hereby be amended to read as follows: "Section 605-Adopting Fire Codes,Establishing beau of Fire Prevention the Fire n,.,,.,^,..fie Bureau and Fire-Lenes 605.01 Adoption of Codes. The following are adopted and incorporated by reference as a section of this Code: Subd. 1 Minnesota Unifenn State Fire Code. The 1998 2003 Minnesota Unger State Fire Code " the MSFC), promulgated by the State Department of Public Safety as published June 29,' 998 March 31, 2003 in Minnesota Rules, Page 11 Minutes/Edina City Council/April 7,2004 Statutes 4998 (229F.011 Parts 7-540.3340 th&eugh 3360,3440 threuo 3440,3460 through , _7510.3510 through 7510.3675 with the changes and omissions as set for in this Section. Subd. 2. Uniform International Fire Code. The 19W 2000 Edition of the Unger- International Fire Code fMCJ promulgated by the International Of€ieials ffind f-he 1Azestern live tie€s Asseeia#1en (the "UP Code Council, Inc., with the changes and omissions as set forth in this Section and in the MBE MSFC. Subd. 3 Appendices. The following appendix of the TFC Minnesota Rules 7510.3710, Amendments to Appendices of International Fire Code, is adopted as part of this Code: 1- A,1 T�T11 K, 116 nZ u,an ;'!-A H (Fires or Barbecues on Balconies or Patios). 605.02 Amendments to the M FC and MSFC and IFC. , I- _A Ftiele--1. " Subd.21 "moo Chapter 9. A144E!e 40 Chapter 9"Fire Protection Systems",Section 901.3 Permits,of UTC the IFC as adopted by MUFC the MSFC is amended as follows: Section 4001-General 901.3 Permits. is amended ea b adadi. new b t 40013 r adding �s�see�� reading as fol-l-evix-s. '4001.3 Permits for the installation of fire protection systems shall be obtained as provided for in Section 625 of this Code." Subd.-32 -A—A-iesle-11. Article 11, Section 307 " " "Open Burning' of LLFC- the IFC as adopted by MUPC the MSFC is amended by adding to it new sections as follows: Seetien4402.30peaBu nded by adding to it new seetions as fellews: Section 1102.3.1 307.1 Open Fires Prohibited. No person shall ignite, cause to be ignited,or maintain an open fire except as permitted in Section 307. Section 1102.3.2 307.2 Certain Open Fires Permitted. An open burning permit in ,,,.a.n.e, 1101.3 may be issued for the following purposes: 1. Instruction and training of firefighting personnel. 2. Abatement of hazards that, in the opinion of the Fire Chief, cannot be abated by other reasonable means. 3. Management of vegetation by the jurisdiction, other governmental agencies, or other individuals that, in the opinion of the Fire chief, show a valid need, and under the direction of the Fire Department. 4. Special events or ceremonies by recognized organizations, not eenfer-Bling to Appendix 11 K and under the direct supervision of the Fire Department. B. The r-ema--nder of the sections shall be r-e numbefed 1102.3.3 through 4402.3-.9 r-espeetively. 605.03 Codes on File. One Eapy of eaEh of the following, eaEh mar-ked "Offieial CepylL,-is en file in the effiee ef the Cler-u -And ;:h;411 remain on file and available for-use and exaff4aati by the 1241hlic-. A. N4U Page 12 Minutes/Edina City CounciVApril 7,2004 B. UTE. 605.04 Definitions sul"7. 1jurisdiction. Wherever the a,,,..,.. "jur-:..diet;.-.n" is used in the MUFC, it shall ,v,..a the City. Subd. 2 Chief. Wherever the term II 11 is used in the MUFC, it shall mean the Fire 605.05 605.03 Establishment of the Fire Prevention Bureau. The R„« R-F Rir^ Pr-eyenfi Fire Prevention Bureau is continued as part of the Fire Department. It shall be operated under the supervision of the Fire Chief. The members of the Bureau ei Fire n"^"^~''^~ Fire Prevention Bureau shall be the Fire Chief, Fire Marshal, an assistant and all inspeeters Fire Inspectors. of the Fire Department. The Fire Chief from time to time may appoint inspeeter other personnel of the Fire Department to positions in the Fire Prevention Bureau. 605.06 605.04 Enforcement & Appeals. The provisions of this Section shall be enforced by the Building Official and the Bureau of Fire n"^"^~ti Fire Prevention Bureau in accordance with Subsections 470.03 through 470.10 of this Code. Appeals from any order issued under this Section by the Building Official or the u,,,.^..,, of Fire n,.^.,^,.,ti Fire Prevention Bureau shall be made in accordance with Subsections 470.03 through 470.10 of this Code. 605.E 605.05 Permit Fee. The fee for each permit required by this Section and for each annual renewal of a permit shall be in the amount set forth in Section 185 of this Code. Unless otherwise noted,all permits shall expire one year from the date of issuance. 605.08 605.06 Fire Lanes. Subd. 1 Establishment. The Bureau of Fire Preen fi Fire Prevention Bureau may shall establish fire lanes on public or private property as may be necessary to comply with the MUPC MSFC and in order that the travel of fire equipment may not be interfered with and that access to fire hydrants or buildings may not be obstructed. Subd. 2 Existing Fire Lane Signs. Fire lanes in existence prior to the effective date of this Section shall be permitted to remain using existing signs so long as such signs are maintained in good repair and condition. If the Bureau of Fire n"^"^~ti Fire Prevention Bureau determines that such signs are not maintained as required in this Section, it may shall require signing as provided in Subd.3 of this Subsection. Subd. 3 New Fire Lanes and Sign Specifications. Fire lanes established after the effective date of this Code, or existing fire lanes changed after the effective date of this Code, shall be marked by signs, not more than 400 75 feet apart, bearing the words, "No Parking, Fire Lane, By Order- of the Fire Chief", with the first and last sign marking the limits of the fire lane. The signs shall have red letters and a red border on a white background, shall be at least 12 inches by 18 inches in size and shall otherwise comply with the standards from time to time established by the Fire Chief for such signs. The symbol for "No Parking' may also be used with the words "Fire Lane" below it. The Fire Chief may approve other styles of Fire Lane signs. Subd.4 Maintenance of Signs. When the fire lane is on public property or public right- of-way, the sign or signs shall be erected and maintained by the City, and when on private property, they shall be erected by the owner at the owners expense within 30 days after the Page 13 Minutes/Edina City Council/April 7,2004 owner has been notified of the order. After these signs are erected they shall be maintained by the owner at the owners owner's expense. After the signs are erected, no person shall park a vehicle in or otherwise occupy or obstruct the fire lane. Subd.5 Towing Authorization. Whenever any member of the Bureau ef Fire Pr-eventie Fire Prevention Bureau or a police officer finds a vehicle unattended and occupying or obstructing a fire lane, such member of the Bureau of Fire Prevents ,. Fire Prevention Bureau or police officer is authorized to provide for removal and impoundment of the vehicle at the expense of the owner of the vehicle. Subd. 6 Violation and Citation Exemption. Violations of this subsection are exempted from the provisions of Subsection 605.09 and instead shall be governed and enforced by Subsection 100.09 and Subsection 175.01 of this Code. Citations shall be issued to vehicles parked in fire lanes defined by this Code section. 605.09-605 Violation. No person shall be convicted of violating this Section unless such person shall have been given notice of the violation in writing and have had a reasonable time to comply. 605.10 605.08 Interpretation. In the event of a conflict between the provisions of the MUFG MSFC and UfC IFC as adopted by this Section, the most stringent provision shall apply. Provided, however, that no provision of this Section shall be interpreted to exceed the provisions of the Building Code." Section 2. Subsection 620.01 Definition of Commercial Cooking Ventilation System is hereby amended to read as follows: "620.01 Definition of Commercial Cooking Ventilation System. Hoods, filters, grease removal devices, and ducts located within or accessory to a food establishment as defined in Section 7-20 721 of this Code. A commercial cooking ventilation system includes commercial food heat-processing equipment as defined by the Uniform Meehanigal Code Minnesota State Building Code." Section 3. Subsection 625.02 Codes and Standards shall be amended to read as follows: "625.02 Codes and Standards. All fire protection systems shall be installed in full compliance with applicable provisions of this Code including the Building Code, and Fire Code and other national standards." Section 4. Subsection 625.03 Permit Required shall be amended to read as follows: "625.03 Permit Required; Exemption. Each person, before installing, reinstalling, extending, altering or modifying any fire protection system, shall make application to the Building Qgieial Fire Prevention Bureau for a permit for that purpose and shall furnish a full description of the work together with such plans and specifications as may be required by the Building Offieia Fire Prevention Bureau or any entber of ahe-Bur-eau of Fire n"even The application shall be on forms provided by the Buj4ding Offieial Fire Prevention Bureau. The appheation shall be -ae-c--empanied by t1he fee i-:n the amount set- fefdh i-4; Seetien 485 of Code. — . .. ihall be required for- the installation-, reinstailation, extension-, alteration, or- medifieatie-n of a fire pr-etectien system in a single divelling unit or &Uble divelliRg Unit Page 14 Minutes/Edina City Council/April 7,2004 Section 5. Subsection 625.04 Fees and Surcharges shall be added: "625.04 Fees and Surcharges. Subd. 1 Fees. Permit fees authorized by the MSFC and Chapter 6 of this code shall be in the amounts set forth in Section 185 of this Code. Subd.2 Other Permit Related Fees. Re-inspection fees, inspections outside normal business hours, inspections for which no fee is specifically indicated and fees for additional plan review required by loss, changes, additions or revisions to plans shall be in the amounts set forth in Section 185 of this Code. Subd. 3 Investigation Fee. If work for which a permit is required by the code has been commenced without first obtaining_a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee shall be collected and is in addition to the required permit fees.The investigation fee shall be equal to the permit fee. Subd. 4 Outside Consultant Fees. Plan review, inspections and/or consultation fees for outside consultants may be collected and shall comprise the actual costs to the City. Subd. 5 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the CitX in the amount set forth in M.S. 16B.70 to be remitted to the State Department of Administration pursuant to M.S. 16B.70. Section 6 Subsection 185.01,Schedule A is hereby amended by adding the following fees: $47.0 625 625.04 Other Permit Related Fees 0 Per hour or the total hourly cost to City, Subd 2 whichever is greatest includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved) Section 7.Subsection 625.04 Inspection. is hereby amended as follows: "625.04 625.05 Inspection. All fire protection systems installed under permit shall be inspected by Fire Prevention Bureau personnel or by a special inspector designated by the Building Official. Inspection shall be made during installation and before closure or concealment. A final inspection and full operating test,with test results satisfactory to the Building Official and Fire Prevention Bureau personnel, shall be made before approval of the system will be given by the City." Section 8. Effective Date. This ordinance shall be in full force and effect after it adoption and publication according to law. Passed and adopted 7f day of April 2004. First Reading: April 7,2004 Second Reading: Waived Published: April 15, 2004 Attest Debra A. angen, City Ulerk Dennis F. Maetzold,Mayor Member Masica seconded the motion. Page 15 Minutes/Edina City Council/April 7,2004 Rollcall was taken: Ayes: Housh,Hovland,Masica,Maetzold. Ordinance adopted. *BID AWARDED FOR COMMODITIES PURCHASE Motion made by Member Housh and seconded by Member Hovland approving the award of bid for sand, rock, bituminous materials, concrete, engine oil and water treatment chemicals for period April 1, 2004 to March 31, 2005, to recommended bidders as follows: Course Sand (delivered) to SA-AG at $5.42 per ton; CL.2 Limestone (delivered) to Bryan Rock at $10.97 per ton; FA-2 Seal Coat Chips (delivered) to Dresser Trap Rock at$25.70 per ton; *Asphalt 2331 Base Type 31 or 32 (picked up at plant) at$23.50 per ton to Bituminous Roadways (alternate) to Midwest Asphalt at $27.35 per ton or C.S. McCrossan at $24.00 per ton; *Asphalt 2331 Base Type 31 or 32 (delivered) to Bituminous Roadways at$30.50 per ton or (alternate) to Midwest Asphalt (delivered) at $31.35 per ton; *Asphalt 2331 Base Type 41 or 42 (picked up at plant) at $24.50 per ton or (alternate) to Midwest Asphalt at $28.50 per ton; *Asphalt 2331 Base Type 41 or 42 (delivered) to Bituminous Roadways at $32.00 per ton or (alternate) Midwest Asphalt at $32.50 per ton; *Asphalt 2331 Wear Type 41 or 42 (picked up at plant) to Bituminous Roadways at $23.50 per ton or (alternate) Midwest Asphalt at $27.50 per ton; *Asphalt 2331 Wear Type 31 or 32 (delivered) to Bituminous Roadways at $31.00 per ton or (alternate) to Midwest Asphalt at $31.50 per ton, Asphalt 2331 Wear type 31 or 32 (picked up at plant) at $24.50 per ton to Bituminous Roadways (alternate) Midwest Asphalt at $28.25 per ton; Asphalt 2331 Wear Type 31 or 32 (delivered) at$32.00 per ton to Bituminous Roadways (alternate) Midwest at $32.25; Concrete (3+ yards) (delivered) at $78.65 per cubic yard to Agg. IndAagan; Emulsified Asphalt CRS2 at $0.7500 per gallon to Marathon Ashland, Rubberized Crack Filler at $7.350 per pound to Brock White; Manhole Covers (complete casting) at $705.00 each to Ess Brothers & Sons, Inc.; Red Ball Aggrregate at $14.87 per ton to Bryan Rock; Lannon Stone Wall Repair at $16.25 per square foot to Bjork Stone; Water Treatment Additives (combined) at $47.13 per gallon to D.P.C. Industries,Inc.;Caustic Soda at$53.00 per CWT to Hawkins,Inc. (*These items are awarded on basis of total cost per ton including trucking and labor, and past year's performance.) Motion carried on rollcall vote-four ayes. *BID AWARDED FOR UTILITY TRACTOR - PARK MAINTENANCE DEPARTMENT Motion made by Member Housh and seconded by Member Hovland for award of bid for a Park Maintenance Department Utility Tractor to recommended sole bidder, Scharber & Sons, Inc., under Minnesota State Contract#432213,at$33,459.15 plus tax and including trade-in allowance. Motion carried on rollcall vote-four ayes. *BID AWARDED FOR POSI-TRACK ALL SURFACE LOADER - BRAEMAR GOLF COURSE Motion made by Member Housh and seconded by Member Hovland for award of bid for a Braemar Golf Course Posi-Track all surface loader to recommended sole bidder, St. Joseph Equipment under State Contract #432222,at$31,920.18,including sales tax. Motion carried on rollcall vote-four ayes. *BID AWARDED FOR ONE-TON PICKUP TRUCK - PARK MAINTENANCE DEPARTMENT Motion made by Member Housh and seconded by Member Hovland for award of bid for Park Maintenance Department one-ton pickup truck to recommended sole bidder, Thane Hawkins Chevrolet,at$19,479.00,plus sales tax. Motion carried on rollcall vote-four ayes. *BID AWARDED FOR FERTILIZER FOR BRAEMAR AND FRED RICHARDS GOLF COURSES Motion made by Member Housh and seconded by Member Hovland for award of bid for fertilizer for Braemar and Fred Richards golf courses to recommended low bidder, Simplot Partners at $15,856.99 including sales tax. Page 16 Minutes/Edina City Council/April 7,2004 Motion carried on rollcall vote-four ayes. GYPSY MOTH Btk TREATMENT - MINNESOTA DEPARTMENT OF AGRICULTURE Kimberly Thielen Cremers, Gypsy Moth Program Coordinator for the Minnesota Department of Agriculture, gave an overview of the proposed treatment planned for the 5.4-acre site just south of Highway 62 along Valley View Road north of 66th Street and west of France Avenue. She explained that the Minnesota Department of Agriculture intended to treat the area with Btk (bacillus thuringiensis, var. kurstaki) by ground application. According to Ms. Cremers Btk occurs naturally in the soil and has been used successfully against gypsy moths for more than thirty years. She said there have been no documented cases of adverse health effects in humans or pets in that time. Ms. Cremers reviewed some background materials showing the devastation that gypsy moths cause when they infest an area. She added the proposed treatment has been effective in several areas even the Indian Hills area of Edina in 1999. Ms. Cremer explained the Department of Agriculture totally handles the treatment and notification of neighbors in the affected area. The Council thanked Ms. Cremers for an interesting presentation. *RESOLUTION NO. 2004-25 - ACCEPTING DNR CONSERVATION PARTNERS GRANT AGREEMENT Motion made by Member Housh and seconded by Member Hovland introducing the following resolution and moving its adoption. RESOLUTION NO. 2004-25 AUTHORIZING ACCEPTANCE OF A DNR GRANT BE IT RESOLVED that the City of Edina act as the legal sponsor for the Conservation Partners Grant Program Agreement CP04-3.01. BE IT FURTHER RESOLVED that the City of Edina has the financial capability to meet the match requirement and ensure adequate completion of the project and certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. BE IT FURTHER RESOLVED that the Mayor and City Manager for the City of Edina are hereby authorized to execute the Conservation Partners Grant Agreement CPO4-3.01 necessary to implement the project on behalf of the City of Edina. Adopted this 7th day of April 2004. Motion carried on rollcall vote -four ayes. *CONFIRM SCHOOL DISTRICT 273 APPOINTMENT TO HUMAN RELATIONS COMMISSION Motion made by Member Housh and seconded by Member Hovland acknowledging the School District appointment of Mary Brindle to the Human Relations Commission for term effective immediately through January 31,2005. Motion carried on rollcall vote - four ayes. *39TH ANNUAL BRAEMAR INSPECTION TOUR SET FOR JULY 13, 2004 Motion made by Member Housh and seconded by Member Hovland setting July 13, 2004, for the 39th Annual Braemar Inspection Tour. Motion carried on rollcall vote-four ayes. IKASU DANCE PERMIT APPROVED Mr. Siitari indicated that the Ikasu Sushi Bar & Lounge has had a dance permit since September 2003. He explained the permit allows the restaurant to operate as a dance club on Thursday through Saturday nights. However, Mr. Siitari noted Ikasu has not yet held a dance. He added that Ikasu management has indicated their desire to continue being permitted to hold dances. Mr. Siitari recommended that the dance permit be renewed for a year conditioned upon Edina Police Chief approving the security and security personnel being on the site during dances. Page 17 Minutes/Edina City Council/April 7,2004 Member Hovland made a motion approving the renewal of Ikasu Sushi Bar & Lounge application for a dance permit for one year. Member Housh seconded the motion. Ayes: Housh,Hovland,Masica,Maetzold Motion carried. *HEARING DATE SET OF MAY 4, 2004 - TEMPORARY INTOXICATING LIQUOR LICENSE FOR 50TH AND FRANCE BUSINESS ASSOCIATION Member Housh made a motion, seconded by Member Hovland setting May 4, 2004 as the date of a public hearing for consideration of a Temporary On-Sale Intoxicating Liquor License requested by the 50th and France Business Association. Motion carried on rollcall vote-four ayes. *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 17, 2004, and consisting of 28 pages: General Fund $205,560.82; CDBG Fund $15,000.00; Communications Fund $2,662.79; Working Capital Fund $20,084.40; Art Center Fund $2,832.22; Golf Dome Fund $195.14; Aquatic Center Fund $37.28; Golf Course Fund $9,740.55; Ice Arena Fund $16,611.54; Edinborough/Centennial Lakes Fund $26,850.73; Liquor Fund $158,514.29; Utility Fund $648,592.09; Storm Sewer Fund $76,823.10; PSTF Agency Fund $899.36; TOTAL $1,184,404.31; and for approval of payment of claims dated March 24, 2004, and consisting of 26 pages: General Fund $186,936.12; CDBG Fund $80,000.00; Communications Fund $5,605.08; Working Capital Fund $75,523.11; Art Center Fund $1,902.80; Golf Dome Fund $2,215.79; Golf Course Fund $15,431.57; Ice Arena Fund $2,027.16; Edinborough/Centennial Lakes Fund $9,095.76; Liquor Fund $135,198.96; Utility Fund$29,026.87; Storm Sewer Fund $1,752.00; PSTF Agency Fund $1,912.99; TOTAL $546,628.21; and for approval of payment of claims dated March 30, 2004, and consisting of 30 pages: General Fund $380,577.67; CDBG Fund $20.00; Communications Fund $7,718.85;Working Capital Fund $8,380.73; Art Center Fund $13,734.65, Golf Dome Fund $3,019.00; Aquatic Center Fund $3,758.48; Golf Course Fund $16,931.89, Ice Arena Fund $9,843.69; Edinborough/Centennial Lakes Fund $6, 438.41; Liquor Fund $139,554.45; Utility Fund $79,063.13; Storm Sewer Fund$825.22;PSTF Agency Fund$4,083.26;TOTAL$673,949.43. Motion carried on rollcall vote-four ayes. DESIGNATION OF FUND BALANCE APPROVED Following a brief discussion,Mayor Maetzold made a motion to approve the designation of the 2003 Fund Balance as presented. Member Hovland seconded the motion. Ayes: Housh,Hovland,Masica,Maetzold Motion carried. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 10:50 P.M. ity Clerk Page 18