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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: Page 1 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: Page 2 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. Page 3 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. Page 4 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. Page 5 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. Page 6 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. Page 7 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 Page 8 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 Page 9 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 Page 10