HomeMy WebLinkAbout2004-08-03 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
AUGUST 3,2004
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Masica and Mayor Maetzold.
Member Kelly entered the meeting at 7:06 P.M.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by
Member Housh approving the Council Consent Agenda as presented.
Rollcall:
Ayes: Housh,Hovland,Masica,Maetzold
Motion carried.
RESOLUTION OF APPRECIATION - VINCE BONGAARTS Mayor Maetzold commended and
thanked Vince Bongaarts,for serving the City for three decades,both as a Police Officer and following
his retirement from Police work,as Traffic Safety Coordinator.
Member Masica made a motion approving the Resolution of Appreciation for Vince Bongaarts and
commended his dedication, commitment and his model of customer service to the City of Edina.
Member Hovland seconded the motion.
Ayes: Housh, Hovland,Masica, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF JULY 20, 2004, APPROVED Motion made by
Member Hovland and seconded by Member Housh, approving the Minutes of the Regular
Meeting of the Edina City Council for July 20,2004.
Motion carried on rollcall vote-four ayes.
*RESOLUTION NO. 2004-71 APPROVING LOT DIVISION - 7000 TUPA DRIVE AND 6909 ST.
PATRICK'S LANE Motion made by Member Hovland and seconded by Member Housh
introducing the following resolution and moving its adoption:
RESOLUTION NO.2004-71
APPROVING LOT DIVISION FOR
7000 TUPA DRIVE AND 6909 ST.PATRICK'S LANE
WHEREAS,the following described properties are at present two tracts of land:
Lot 7,Block 1,Braemar Hills Fifth Addition
and
All of Outlot 1 Elm View 1st Addition
WHEREAS,the owners have requested the following land transfer as follows:
PARCEL A:
Lot 7, Block 1, Braemar Hills Fifth Addition and the East 87.19 feet of that part of
Outlot 1.
PARCEL B:
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Minutes/Edina City Council/August 3,2004
Outlot 1, Elm View 1st Addition except for that part of Outlot 1, lying South of the
North 50.0 feet thereof, and lying North of the south 210.0 feet thereof together with
Lot 7,Block 1,Braemar Hills Fifth Addition
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 3rd day of August,2004.
Motion carried on rollcall vote-four ayes.
*HEARING DATE SET OF AUGUST 17, 2004, FOR PLANNING MATTERS Motion made by
Member Hovland and seconded by Member Housh setting August 17, 2004, for the following
planning matters:
1. Preliminary Rezoning and Preliminary Plat - 5125 49th Street West (Mark Jones/rhea Lucy
Marshall);and
2. Public Hearing-Amendment to Zoning Ordinance- Floodplain Regulations
Motion carried on rollcall vote-four ayes.
ORDINANCE NO 2004-10 APPROVED - ESTABLISHING A MUNICIPAL DISPENSARY
PERMITTING THE ESTABLISHMENT OF MUNICIPAL DISPENSARIES Manager Hughes noted
the City Council granted First Reading of the subject Ordinance at the July 20, 2004, meeting. He
added staff recommended granting Second Reading.
Member Hovland introduced the following Ordinance:
ORDINANCE NO. 2004-10
AN ORDINANCE AMENDING SUBSECTIONS 900.02 and 900.03
OF THE CITY CODE-MUNICIPAL LIQUOR DISPENSARY
The City Council of the City of Edina ordains:
Section 1. Subsection 900.02 of the City Code is amended to read as follows:
"900.02 Off-Sale Limited to Municipal Liquor Stores; Dispensary Established. No intoxicating
liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at off-sale within the
City by any person, or by any store or establishment, or by any agent or employee of such person,
store or establishment, except by the City and on the premises in the City occupied by the
municipal liquor dispensary for the off-sale of liquor and wine. There is hereby established a
municipal liquor dispensary for the off-sale and on-sale of liquor and wine. The dispensary shall
be located at such suitable places in the City as the Council determines by resolution.
Subd. 1 Off-Sale Dispensary. The following shall apply to the municipal liquor
dispensary for the off-sale of liquor and wine:
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Minutes/Edina City Council/August 3, 2004
A. The dispensary shall be under the control of the Manager. The Manager may
appoint employees as deemed necessary to operate the dispensary in full
compliance with this Section and State Law. No person under the State established
legal drinking age shall be employed in the dispensary.
B. The Manager may require persons employed in the dispensary to furnish a surety
bond to the City in the same manner as prescribed by Subsection 115.12 of this
Code.
C. Subject to the requirements of M.S. 340A.504, the hours of operation and the
dispensary shall be established by resolution of the Council.
D. All restrictions as to the manner of conducting sales as set forth in Subsection 900.10
except Subd. 7 thereof shall apply to the dispensary.
Subd. 2. On-Sale Dispensary. All restrictions as to the manner of conducting sales as set
forth in subsections 900.10,900.11 and 900.12 shall apply to the municipal liquor dispensary
for the on-sale of liquor and wine."
Section 2. Subsection 900.03 of the City Code is amended to read as follows:
"900.03 License Required. No person, except wholesalers or manufacturers to the extent
authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at off-sale
any 3.2 percent malt liquor or at on-sale any 3.2 percent malt liquor, intoxicating malt liquor,wine
or intoxicating liquor without first having obtained a license, other than sales by the City at its
municipal liquor dispensary."
Section 3. Subd. 4 of Subsection 900.09 of the City Code shall be amended to read as
follows:
"Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this Subsection,no Wine
License shall be granted to any establishment other than a restaurant located in the PCD-1, PCD-2,
PCD-3 Subdistricts,the Mixed Development District or the Planned Office District.
Section 4. Paragraph O. 3 of Subsection 1230.02 of the City Code shall be amended to read
as follows:
"3. 3.2 percent malt liquor,wine and intoxicating malt liquor which is dispensed by the City or by
an agent of the City at an on-sale dispensary authorized pursuant to Subsection 900.02 may be
consumed subject to other applicable provisions of this Code and subject to the rules and
regulations of the Park Director pursuant to Subsection 1230.06 on the grounds of Braemar Golf
Course. 3.2 percent malt liquor which is dispensed by the City or by an agent of the City at an on-
sale dispensary authorized pursuant to Subsection 900.02 may be consumed subject to other
applicable provisions of this Code and subject to the rules and regulations of the Park Director
pursuant to Subsection 1230.06 on the grounds of Fred Richards Golf Course.
Section 5. This Ordinance shall be in full force and effect upon passage and
publication.
First Reading: July 20, 2004
Second Reading: August 3, 2004
Publication: August 12,2004
Attest:
Debra A. Mangen; City Berk Dennis F. Maetzold,Mayor
Rollcall:
Ayes: Hovland, Kelly,Masica, Maetzold
Nays: Housh
Motion carried.
44th AND FRANCE BACKGROUND REPORT PRESENTED Mr. Hughes indicated on July 6, 2004,
at the Council meeting, staff was directed to prepare a background report concerning 44th and France
for its review at the August 3, 2004, meeting. He said copies of the report were made available to
residents desiring a copy as well as the report has been posted on the City's web site.
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Minutes/Edina City Council/August 3,2004
Mr. Hughes stated that in 1990, the Council established three tax increment financing districts (TIF
districts) and a related development district: 1) 44th and France, Wooddale and Valley View and 70th
/Cahill. TIF districts had previously been established at 50th and France and Grandview as well as
Edinborough and Centennial Lakes. Although the TIF Districts have gone away, the development
district remains in effect. Within the development district, the City remains the authority to carry out
plans and programs. Approximately$280,000 remains in the 70th and Cahill district that could be used
at 44th and France or Wooddale/Valley View.Mr.Hughes noted that all retail areas in Edina were in a
development district. In 1992, the Council adopted the Comprehensive Plan, which included the 44th
and France area as well as other retail districts. Staffs logic was that plans prepared as part of the
development district could provide valuable guidance to the City when reviewing future private
development proposals for properties within the commercial areas. The decision was made even
though two of the TIF districts had been decertified and the City lacked fiscal tools necessary to
implement the plan as originally authorized. Mr. Hughes noted that the Comprehensive Plan was
updated in 2002 and again the development/redevelopment plans for the retail districts were
adopted by reference and remain part of the Comprehensive Plan today.
Mr. Hughes noted that if implementing the plans were ever contemplated, plans would need to be
approved by the Council via rezonings,eminent domain,or other actions of the Council. He added all
these processes require public hearings before the Council and the Planning Commission before
implementation. Mr. Hughes suggested the following four alternatives for consideration:
1. Eliminate 44th and France from the Development District. By Council Resolution, 44th
and France could be eliminated from the Development District. Consequences of
removing this would mean that the City would relinquish authority to implement the
Development District plan/program and of eminent domain for redevelopment
purposes, providing interest assistance, demolishing buildings, and taking other steps
envisioned by the redevelopment plan at the time. The City would still retain normal
condemnation authority that must demonstrate public use but not for public purpose.
2. Amend the Development District by Removing Single Family Properties. The Council
could elect to remove the single-family properties from the Development District,
thereby taking away the ability to use condemnation to acquire homes.
3. Amend the Comprehensive Plan by Deleting Reference to the 44th and France
Redevelopment Plan. In addition to #1 and #2, the Council could amend the
Comprehensive Plan by deleting references to the 44th and France area. Amending the
Comprehensive Plan was a detailed process; the Metropolitan Council was involved, a
hearing would be held by the Planning Commission, the Edina School District and the
City of Minneapolis would review the plan. What was looked for in the plan was
conformity with regional systems-sewers,highways,airports,etc.
4. No Amendment to Development District or Comprehensive Plan. The Council could
choose to leave the Development District and the Comprehensive Plan in place.
Mayor Maetzold again reiterated the plan had been in place since 1990, and noted that no developer
was standing ready to bulldoze the area for redevelopment.
Member Kelly asked what benefits were gained by leaving the Development District in place. Mr.
Hughes noted within the plan, acquisition of property, resale of property,interest assistance, and off-
street parking would be lost with removal of 44th and France from the Development District.
Improvements on the right-of-way could still be accomplished. Member Kelly said tangible benefits
would be lost with removal of the 44th and France area from the Development District. He asked if the
City would lose controls with eliminating the area. Mr. Hughes said controls over undesirable plans
would come from the Comprehensive Plan itself as well as the Zoning Ordinance.
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Minutes/Edina City Councill"gust 3,2004
Member Masica asked clarification that if the plan were deleted, would only zoning and variances
remain for the Council's checks and balances. Mr. Hughes said the Comprehensive Plan would
provide the regulatory tools. Member Masica inquired what happens to the $280,000 in the pool if the
area was deleted. Mr. Hughes said the money would be available to the two remaining portions of the
TIF District.
Member Housh asked for background on establishing the TIF Districts in 1989. Mr.Hughes noted that
the City has used TIF dollars for doing public improvements to public things. Member Housh
inquired if the public would be properly noticed if any changes were planned in the area. Acting City
Attorney Lindgren indicated that any condemnation or eminent domain proceedings would require a
petition filed with the court. The process would be assigned to a court, and the court appoints neutral
parties to evaluate the property in a totally open setting. Once the valuation has been determined, an
appeal process would be available back to the court and would take months to process.
Member Hovland asked if the area would be void of a land use plan with elimination of the
development district. Mr. Hughes said what was lost were the fiscal tools and the development tools
but the land use plan was retained. Member Hovland questioned whether the plan should be
revisited and perhaps land use plan modified. Mr. Hughes noted typically if a plan were revisited it
would be for the purpose of moving forward with a plan.
Member Kelly said giving up fiscal and development tools was a mistake when the Council has to
decide whether to encourage or discourage development. He said he would agree to the elimination
of single-family properties from the plan and would approve Alternative No.2.
Member Hovland called the neighborhood eclectic and stated it would be difficult to separate
residential from commercial property owners. He said he would like to see the neighborhood
involved in a process to modify the development district and maintain its character. He stated that
not all redevelopment was bad.
Mayor Maetzold said his intuition tells him that the 44th and France plan needs revisiting. He voiced
concern with removing the commercial property from the Development District.
Joni Bennett,4003 Lynn Avenue, stated this was all about eminent domain. She requested the Council
approve Alternative No. 1 - Eliminate 44th and France from the Development District. She inquired
whether a Development District could be recreated. Mr. Hughes said the District could be eliminated,
receive a proposal, go through a hearing process and re-establish a District. She requested the
Comprehensive Plan be revisited. The only remaining reason to maintain the 44th and France District
was to preserve the power of the City to use eminent domain.
Mary Carte, 4208 Branson Street, stated that surveys provided to residents of the Morningside
neighborhood were overwhelmingly in favor of the 44th and France Development Plan being
eliminated.
Philip Sidell, 3920 Sunnyside Road, encouraged the Council to approve Alternative No. 1 - to
Eliminate 44th and France from the Development District.
Norine Ford, 3936 44th Street, said the question was not commercial property vs. residential property;
the question was maintaining the area as it was today.
Jennifer Janovy, 4016 Inglewood Av., stated the features of the current plan were different from the
current land use. The plan that was envisioned would be the same as it was now.
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Minutes/Edina City Council/August 3,2004
Lee McGrath,4614 Moorland Avenue, requested the City explore relinquishing power to use eminent
domain for private-to-private transfers.
Unknown resident voiced support to Alternative No. 1, and encouraged the Council to revisit the
Comprehensive Plan.
Member Hovland stated his approval of Alternative No. 1 to Eliminate 44th and France from the
Development District. The economic incentives were nominal and the City will still possess the
powers to assure the protection of the ambiance of the area.
Member Housh indicated his support of Alternative No. 1 and appreciated the citizens involvement
in this process.
Member Kelly noted that people may be motivated to development discussions in the broad sense but
at the point a developer comes forward with an unpopular/popular plan and the tools of control
have been given up,that was when the Council will be'hoisted on a petard'. Development will come
- change happens. He stated his belief that the Comprehensive Plan should be revisited but
approving the elimination of the 44th and France Development District was a huge mistake.
Member Masica made a motion eliminating the 44th and France from the Development District.
Member Housh seconded the motion.
Ayes: Housh,Hovland,Kelly,Masica,Maetzold
Motion carried.
RESOLUTION NO. 2004-72 APPROVING MUNICIPAL STATE AID SIDEWALK FOR 4809 TO
4709 WEST 70TH STREET (IMPROVEMENT NO. S-074) Engineer Houle explained the project was
continued from the July 20, 2004, regular Council meeting. Additional information was requested
regarding the location of the sidewalk and the location of the mailboxes between 4809 to 4709 West
70th Street. Staff recommends a boulevard style sidewalk, placed throughout the project with the
exception of the furthest westerly property due to lack of right-of-way. A boulevard style sidewalk
does exist along both the north and south sides of West 70th Street from TH100 to Sandell Avenue
(one block west of France Avenue). A curb style sidewalk exists between Sandell Avenue and France
Avenue due to lack of right-of-way and space within the commercial area.
Staff contacted the US Postal Service regarding placement of curbside mailboxes. The US Postal
regulations state that a mailbox be placed to allow safe and convenient delivery by carriers without
leaving their vehicles. Mr. Lynch of the US Postal Service replied that, if "a carrier drives on the
sidewalk (it)would not be considered safe and convenient."
The project cost was approximately $113,00 and would be funded from Minnesota State Aid Funding
for the sidewalk portion of the project. The Arneson Acres entrance would be funded through the
City. Mr. Houle indicated staff recommends construction of a boulevard style sidewalk at 4809 to
4709 West 70th Street, Improvement No. S-074, and feels the project was feasible from an engineering
and safety standpoint.
Don Barck, 4807 West 70th Street, asked if a boulevard type sidewalk was planned for the Arneson
Park area. Mr. Houle responded the whole sidewalk project would be of a boulevard type. Mr. Barck
voiced concern that during the winter, the sidewalk was too narrow for the five-foot "v" plow to
remove snow. He was concerned as well with elevation of the sidewalk. Mr. Houle reiterated that
drainage patterns would not be disturbed but consideration would be given to the elevation.
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Minutes/Edina City Council/August 3,2004
Following a Council discussion, Member Masica introduced the following resolution and moved its
adoption:
RESOLUTION NO.2004-72
ORDERING MUNICIPAL STATE AID SIDEWALK IMPROVEMENT
PROJECT NO. S-074
4809 TO 4709 WEST 70TH STREET
WHEREAS, the Edina City Council on the 3rd day of August,received the feasibility report
for a proposed sidewalk,Improvement No. S-074,4809 to 4709 West 70th Street.
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 improvements, 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 No. S-074,4809
to 4709 West 70th Street.
BE IT FURTHER RESOLVED that Improvement No. S-074,4809 to 4709 West 70th Street are
hereby ordered as proposed.
BE IT FURTHER RESOLVED that the City Engineer is hereby designated as the engineer
for said aforementioned improvement.
Dated this 3rd day of August,2004.
Member Hovland seconded the motion.
Ayes:Housh, Hovland,Kelly,Masica,Maetzold
Motion carried.
RESOLUTION NO. 2004-70 - ESTABLISHING TEMPORARY DISPENSARY FOR WINE AND
BEER DURING THE"FALL INTO THE ARTS FESTIVAL" APPROVED Mr. Hughes noted that the
"Fall Into the Arts Festival" was scheduled for Saturday, September 11 and Sunday, September 12,
2004, at Centennial Lakes Park. The Festival was a joint venture between the Edina Art Center and the
Edina Crime Fund. It has been suggested by the planners of the event to sell wine and beer, similar to
the way it was sold at the 50th & France Art Fair. Sales would occur on the outdoor patio and be sold
by employees of the Art Center. An off-duty police officer would be hired and all other restrictions as
imposed on the 50th & France Art Fair would be observed including signage restrictions and hours of
operation. Mr. Hughes said the appropriate way to accomplish this would be to establish a temporary
dispensary as opposed to issuing a temporary intoxicating liquor license. This would be in keeping
with recent interpretations by the State Liquor Control Board.
Member Hovland introduced the following resolution and moved its approval:
RESOLUTION 200470
ESTABLISHING MUNICIPAL DISPENSARIES
IN THE CITY OF EDINA
WHEREAS, the City of Edina, pursuant to Section 900 of the City Code, permits the
establishment of municipal dispensaries of liquor within the City of Edina.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Edina hereby
establishes a temporary on-sale dispensary for September 11 and September 12, 2004, only at the
Centennial Lakes Park Centrum building and immediate surroundings.
BE IT FURTHER RESOLVED that on-sale shall be limited to 3.2 beer, intoxicating malt
liquor and wine.
Passed and adopted this 3rd day of August 2004. Member Housh seconded the motion.
Rollcall:
Ayes: Housh, Hovland,Kelly, Masica,Maetzold
Motion carried.
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Minutes/Edina City Council/August 3,2004
RESOLUTION NO. 2004-69 APPROVING THE CREATION OF THE MINNEHAHA
WATERSHED PARTNERSHIP WITH VARIOUS PUBLIC AGENCY PARTNERS Michael Wyatt,
staff member with the Minnehaha Creek Watershed District (MCWD) explained the District was
undertaking revisions to their 1997 Watershed Management Plan; an updated plan was required
every 10 years for watershed districts. As a part of the revisioning process, the MCWD was inviting
all district stakeholders to participate. The process involves a three-year commitment to the Policy
Board, Technical Advisory Committee, and a Public Advisory Committee. The member profile and
time commitment for each committee as it applies to the City was as follows:
Policy Board Technical Advisory Committee Public Advisory Committee
One Council Member City Staff Two Citizen Representatives
Quarterly Meetings Monthly as needed Monthly as needed
Carolyne Bisson, asked if the Watershed District voted on this issue and if Mr. Wyatt was asked to
present the Resolution to the Council. Mr. Wyatt explained the Resolution was fully supported by the
MCWD with the hope to partner with cities along the creek.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION NO.2004-69
A RESOLUTION
CREATING A MINNEHAHA CREEK PARTNERSHIP
WHEREAS, Minnehaha Creek is a highly valued stream flowing from Lake Minnetonka to
the Mississippi River;and
WHEREAS,the preservation and enhancement of the Minnehaha Creek Corridor is a high-
priority expressed in the comprehensive plans for each of the cities along the Creek, and the Water
Resources Management Plan of the Minnehaha Creek Watershed District;and
WHEREAS, urbanization in the Minnehaha Creek Watershed has led to the degradation of
the stream's flow regime, habitat and water quality, but the Creek has high potential for
restoration;and
WHEREAS, the Minnehaha Creek Watershed District completed in 2003 a detailed
Hydrologic/Hydraulic and Pollutant Loading Study, and a Minnehaha Creek Stream Assessment;
and
WHEREAS, the MCWD will undertake revisions to its Watershed Management Plan in
partnership with the U.S. Army Corps of Engineers Feasibility Study to explore the potential
federal interest for Aquatic Ecosystem Restoration and Flood Damage Reduction in the Minnehaha
Creek Corridor;
WHEREAS, the City of Edina desires to partner with the other communities along the
Creek to seek protection and restoration of the Minnehaha Creek Corridor;
NOW, THEREFORE BE IT RESOLVED, that the City of Edina supports the formation of a
partnership to provide guidance and recommendations on policy development, technical issues,
and public involvement to create a common vision and implementation plan for the Minnehaha
Creek Corridor,to be organized as follows:
1. Partnership Composition
The partnership will comprise the following partners:
• City of Minnetonka;
• City of Hopkins;
• City of St. Louis Park;
• City of Edina;
• City of Minneapolis;
• Minneapolis Park and Recreation Board;
• Hennepin County;and
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Minutes/Edina City Council/August 3,2004
• Minnehaha Creek Watershed District
2. Policy Board
a. The partnership Policy Board will comprise a member of the governing body of each
of the partner organizations.
b. The Policy Board will generally meet quarterly as needed and pursuant to an
established project schedule and work plan.
3. Technical Advisory Committee
a. The Technical Advisory Committee will provide technical review and recommendations
to the partnership and will comprise a staff representative from each of the partner
organizations, and a representative from the U.S. Army Corps of Engineers, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota
Department of Health and such other governmental agencies having a technical interest
and expertise to offer for the benefit of the Minnehaha Creek Corridor.
b. The Minnehaha Creek Watershed District technical representative will serve as the
Chair of the Technical Advisory Committee.
c. The Technical Advisory Committee will generally meet monthly as needed pursuant to
the established project work schedule and work plan.
4. Public Advisory Committee
a. The Public Advisory Committee will comprise two citizen representatives
designated by each partner organization, and up to seven other representatives of
stakeholder organizations named by the Minnehaha Creek Watershed District to
represent conservation, property owner, development, and recreational interests in
the Minnehaha Creek Watershed appointed by the Minnehaha Creek Watershed
through an open application process.
b. The Minnehaha Creek Watershed District will designate one of its Board Members
to serve as Chair to the Public Advisory Committee.
C. The Public Advisory Committee will generally meet monthly as needed pursuant to
the established project schedule and work plan.
5. Legal Authority
It is understood that the decisions and activities of the partnership are advisory only, and
will not have any binding legal authority on any of the partnership's members. The parties
to the partnership expect that recommendations developed and approved by the
partnership will be duly considered and acted upon by the governing body of the
respective the partnership members.
6. Term
The partnership will meet and work for an initial period of three (3) years,concluding on or
before March 1, 2007, subject to a determination to renew the work of the partnership by
each of its partner organizations.
Member Kelly seconded the motion.
Ayes:Housh,Hovland,Kelly,Masica,Maetzold
Motion carried.
*CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member Housh
seconded the motion approving payment of the following claims as shown in detail on the Check
Register dated July 21, 2004, and consisting of 33 pages: General Fund $213,502.35;
Communications Fund $45,434.55; Working Capital Fund $76,011.19; Art Center Fund $11,878.90;
Aquatic Center Fund $5,802.94; Golf Course Fund $40,586.46; Ice Arena Fund $361.89;
Edinborough/Centennial Lakes Fund$15,916.93; Liquor Fund $121,762.02; Utility Fund$438,603.21;
Storm Sewer Fund $14,375.50; PSTF Fund $198.37; TOTAL $984,434.31; and for approval of
payment of claims dated July 28, 2004, and consisting of 33 pages: General Fund $193,181.05;
Construction Fund$87.38;Working Capital Fund$2,739.05; Art Center Fund$24,337.37, Golf Dome
Fund $95.00; Aquatic Center Fund $10,115.23; Golf Course Fund $24,181.89; Ice Arena Fund
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Minutes/Edina City Council/August 3,2004
$2,979.84; Edinborough/Centennial Lakes Fund $9,363.34; Liquor Fund $157,282.96; Utility Fund
$110,262.82; Storm Sewer Fund$420.00;PSTF Agency Fund$1,317.85;TOTAL$536,363.78.
Motion carried on rollcall vote-four ayes.
CONCERN OF RESIDENT Carolyne Bisson, 5340 Hollywood Road, stated she was currently not in
compliance with the animal ordinance. She said she has four dogs and asked for a temporary license
or variance for the fourth dog. Clerk Mangen said Ms. Bisson had approached staff and requested
licenses for all of her dogs. Staff suggested she apply for a permit to keep more than three animals.
Attorney Lindgren said the Ordinance did not allow a variance for an extra number of animals. He
suggested she apply for a kennel license.
Mr. Hughes suggested Ms. Bisson complete the process for a permit to keep more than three animals.
He stated after the City received her completed application the Council may hold a hearing following
a ten day written notice. If Ms. Bisson submits her application in time to allow the ten-day mailing
then her hearing may be held at the next Council meeting on August 17,2004.
No formal Council action was taken.
GIFT FROM TIFFANY'S RECEIVED ON BEHALF OF THE CITY Mayor Maetzold indicated he and
Member Masica were involved in the Grand Opening of the new Tiffany's Jewelry Store in the
Galleria. A representative of Tiffany's presented them with a gift for the citizens of Edina. Attorney
Lindgren deemed the gift(a gold clock),received on behalf of the City becomes public property.
There being no further business on the Council Agenda, Mayor Maetzold declared the meeting
adjourned at 9:45 P.M.
eity Clerk
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