HomeMy WebLinkAbout2006-01-17 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JANUARY 17, 2006
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hulbert, Masica, Swenson and Mayor
Hovland.
RESOLUTION NO. 2006-13 - ACCEPTING ROTARY DONATION TO PARK AND
RECREATION DEPARTMENT Dan Mott, 5728 Steven Avenue, presented a check in the
amount of $1,500.00 to the Edina Park and Recreation Department to defray costs of
transportation for persons to utilize the City's parks during the summer.
Member Masica introduced the following resolution and moved its adoption:
RESOLUTION NO. 2006-13
ACCEPTING EDINA ROTARY DONATION
ON BEHALF OF THE CITY OF EDINA
WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations or
real or personal property for the benefit of its citizens;
WHEREAS, said donations must be accepted via a resolution of the Council adopted by
a two thirds majority of its members.
NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with
sincere appreciation the following listed donation on behalf of its citizens to the Edina Park
Department.
Edina Noon Rotary Club $1,500.00 Transportation to Summer Parks
Program
Dated: January 17, 2006
Member Swenson seconded the motion.
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
CONSENT AGENDA ADOPTED Motion of Member Swenson seconded by Member Hulbert
approving the Council Consent Agenda as presented with the following exceptions: Item III.
A. Automated Cablecast System, and Item VI. A. Receive Petition from Bertram Minor
requesting Street, Curb, Gutter, Sidewalk, Storm Sewer, Watermain and Street Lighting for
7311 France Avenue South.
Rollcall:
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
*MINUTES OF THE REGULAR AND SPECIAL MEETINGS OF JANUARY 3, 2006 Motion
made by Member Swenson and seconded by Member Hulbert approving the Minutes of the
Regular and Special Meetings of January 3, 2006.
Motion carried on rollcall vote - five ayes.
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Minutes/Edina City CounciVIanuary 17,2006
RESOLUTION 2006-14 ADOPTED GRANTING PRELIMINARY PLAT - FREY ADDITION
5201 SCHAEFER ROAD Affidavits of Notice were presented, approved and ordered place on
file.
Planner Larsen stated the requested subdivision would create one new buildable lot at 5201
Schaefer Road. He said the property was a single dwelling lot measuring approximately 160 feet
by 600 feet, with an existing home fronting Schaefer Road. The rear of the lot abuts Fox Meadow
Lane.
Mr. Larsen said the proponents; Eugene and Mary Frey have agreed to purchase the new lot for
use as a buffer to their home on Fox Meadow Drive. They do not intend to develop it presently.
Mr. Larsen reported the following median sizes and dimensions for the 500 foot neighborhood:
Width Depth Area
145 feet 303 feet 48,397 SF
Proposed Lots
Lot 1 160 feet 322 feet 53,468 SF
Lot 2 163 feet 303 feet 50,390 SF
Mr. Larsen said the proposed subdivision was similar to other subdivisions of large lots in the
area of Schaefer Road. He added no variances were needed and there were no existing natural
conditions limiting development. Mr. Larsen reported the Planning Commission unanimously
recommended Council grant the requested Preliminary Plat subject to Final Plat and subdivision
dedication.
Member Swenson asked if there might need to be an extension of Fox Meadow Lane and whose
cost it would be if an extension became necessary. Mr. Larsen agreed it was possible the street
would need to be extended, adding it would be the lot owner's expense to accomplish any
needed changes to the roadway.
James Frey, 5017 Oak Bend Lane, speaking on behalf of his father, Eugene Frey, stated his
parent's intent was to purchase the lot and maintain it in a vacant condition.
No public comment was received.
Member Masica made a motion to close the public hearing. Member Housh seconded the
motion.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
Member Swenson made a motion introducing the following resolution granting Preliminary
Plat to Frey's North Addition, conditioned upon: 1) the lot owner bearing any costs of
extension of Fox Meadow Lane,2) no variances necessary;and 3) subdivision dedication:
RESOLUTION NO. 2006-14
GRANTING PRELIMINARY PLAT
FREY'S NORTH ADDITION
5201 SCHAEFER ROAD
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Minutes/Edina City Councioanuary 17, 2006
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, "FREY'S NORTH ADDITION", presented at the regular meeting of the City
Council on January 17,2006,be and is hereby granted preliminary plat approval.
Member Masica seconded the motion.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
*APPLICATION WITHDRAWN - PRELIMINARY PLAT APPROVAL LOUIS AND
PATRICIA STARITA, 604 BLAKE ROAD Motion made by Member Swenson and seconded
by Member Hulbert accepting the withdrawal of the application for a Preliminary Plat for
Louis and Patricia Starita,604 Blake Road.
Motion carried on rollcall vote -five ayes.
_PRESENTATION OF PROPOSED DEVELOPMENT - GABBERT & BECK/RYAN
COMPANIES, 3510 GALLERIA Warren Beck, Gabbert and Beck, owners of the Galleria,
introduced the development team for the proposed 18-story hotel and condominium project
proposed near 69th Street and York Avenue, east of the Galleria. Members of the team included
Mark Swenson, ESG Architects; Tracey Jacque, ESG Architects; Colin Barr, Ryan Companies;
John Diedrick, RLK Traffic; and Paul Wischermann, Wischermann Partners, Inc., hotel
consultant.
Tracey Jacque, ESG Architects, project architect, reviewed the proposal which included a 225-
room Westin hotel, 79 condominium units, a restaurant, meeting room, a bar and a courtyard
which would be open to the public facing the Galleria Center. The project would be 18 stories
with the first floor consisting of common space for both the hotel and condo units providing
amenities such as indoor pool and Jacuzzi, Westin workout and fitness area, spa treatment
rooms, lobby bar/breakfast area, restaurant, meeting rooms and condo lobby entry area. Mr.
Jacque said that the second through seventh floors would contain the hotel rooms. He said the
eighth floor would have a south facing residential terrace with extensive landscaping and water
features, and finally the upper floors would contain the condo units.
Colin Barr stated the proponents understood that many issues relating to traffic, parking,
infrastructure demand, demographics, height and signage surrounded this project, but stated his
hope that all constituents could achieve a consensus.
John Diedrick reviewed the results of the Traffic Study completed by his firm and informed the
Council. The Transportation Commission at their December meeting reviewed the Study and
approved it.
Correspondence was received from Roberta Thorpe, 6904 Cornelia Drive, stating displeasure
with the proposed Gabbert-Beck development.
No formal Council action was taken.
*HEARING DATE SET OF FEBRUARY 7 2006 - GREATER SOUTHDALE AREA LAND USE
AND TRANSPORTATION STUDY Motion made by Member Swenson and seconded by
Member Hulbert setting a hearing date of February 7, 2006, for the Greater Southdale Area
Land Use and Transportation Study.
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Minutes/Edina City Council/Tanuary 17, 2006
Motion carried on rollcall vote -five ayes.
AWARD OF BID FOR AUTOMATED CABLECAST SYSTEM Member Masica removed the
award of bid for an automated cablecast system from the consent agenda for further information.
She inquired whether the same broadcast schedule would be maintained on the new system,
asked about the funding source, and what the balance of the City Hall construction fund was.
Communications Director Bennerotte explained that until new programming was added, the
play back schedule would be maintained. Mr. Hughes said a choice existed that funding could
have come from the communications fund franchise fees or the construction fund and it was
decided to use the construction funds. Director Wallin said the construction fund presently stood
at approximately $60,000. Mayor Hovland asked for more information on what was being
purchased. Ms. Bennerotte said the City would be responsible for the automated cablecast system
playback of our own programming. She said, currently, tapes were taken to Time Warner Cable
for broadcast, which has historically not been very satisfactory in quality of broadcast.
Member Masica made a motion approving the award of bid for an Automated Cablecast
System to recommended low bidder, Alpha Video and Digital at $25,888.15. Member Swenson
seconded the motion.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
*BID AWARDED FOR CROWN VICTORIA SQUAD CAR- POLICE DEPARTMENT Motion
made by Member Swenson and seconded by Member Hulbert approving the award of bid for
one Police Department Crown Victoria Squad Car to sole bidder, Superior Ford, in the amount
of$21,374.00,for the second canine unit and funded by the Edina Crime Prevention Fund.
Motion carried on rollcall vote-five ayes.
*BID AWARDED FOR CONTRACT NO. 06-1 COUNTRY CLUB/SUNNYSLOPE CURED-IN-
PLACE PIPE REHABILITATION, IMPROVEMENT NO. SS413, SS428, STS-316 Motion
made by Member Swenson and seconded by Member Hulbert approving the award of bid for
Contract No. 06-1 Country Club/Sunnyslope cured-in-place rehabilitation, Improvement Nos.
SS413, SS 428, and STS-316 to recommended low bidder, Veit & Company, Inc., at
$130,123.00.
Motion carried on rollcall vote -five ayes.
ADMINISTRATIVE PENALTY UPHELD - APPEAL DENIED, P.F. CHANG'S
RESTAURANT Chief Siitari noted that the Police Department conducted liquor compliance
checks on December 21, 2005, utilizing underage decoys attempting to purchase alcohol. Two
plain-clothes police officers accompanied an 18-year-old man into P.F. Chang's. Each ordered a
beer. The server did not ask for identification and placed three beers at the table.
Mr. Siitari reported that as allowed by Edina Code, P.F. Chang's management appealed the
administrative penalty. He added he did not know the basis of their appeal.
David Richoz, 2625 Quail Avenue South, Golden Valley, Manager of Southdale P.F. Chang's
explained his staff believed the underage decoy was not at the table when the alcohol was
ordered. He said his server was on the way to get the manager and inform the manager of a
problem with a potential underage drinker and to have the manager check IDs, when the Edina
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Minutes adina City Council/Tanuary 17,2006
officer told him they had just failed a compliance check. Mr. Richolz said the server had been
terminated per company policy.
Member Hovland asked if the employee was charged. Mr. Siitari said yes a gross misdemeanor
criminal violation was being processed against the server while the restaurant received the
administrative penalty citation. This citation would be a fine of$500.00 and loss of fee reduction
of $1,000.00 for passing all compliance checks within the last twenty-four months. Mr. Siitari
explained that standard policy was to send all liquor licensees a letter informing them that the
Edina Police Department would be conducting compliance checks within the next week to ten
days.
Member Masica questioned the day of the week the compliance check was taken. Mr. Siitari said
the check was done on a busy Wednesday evening at approximately 7:15 P.M.
The Council heard the appeal, but upheld the Police Department's $500 fine for the restaurant's
sale of an alcoholic beverage to an underage person.
Mr. Richoz acknowledged receipt of the letter stating a compliance check was being planned.
Member Masica asked if the server had had alcohol training. Mr. Richoz said yes but he believed
there was a degree of entrapment in that the Police officer ordered the beverages.
Brad Phillips, 2525 Blaisdell Avenue, Minneapolis, the server, again told the scenario of the
evening of the compliance check.
Member Swenson questioned whether the scenario was accurate. Mr. Siitari said the Police report
was not the same and states that each person at the table ordered their own beverage.
Member Housh inquired if other liquor licensees failed the compliance check. Mr. Siitari said of
the 34 establishments checked, three businesses received violations.
Member Masica commented that Mr. Richoz has run a reputable, clean business, however, his
employees need to be made aware of the importance of not serving alcohol to minors. She
believed the penalty should be imposed.
Member Hulbert indicated having a liquor license was a huge responsibility and establishments
must be incredibly vigilant.
Member Housh said he concurred with the administrative penalty.
Mayor Hovland encouraged management to regularly communicate with staff about liquor
awareness. He said the penalty should be enforced.
Member Housh made a motion denying the appeal of the administrative penalty and
upholding the $500.00 fine to P.F. Chang's Restaurant for sale of an alcoholic beverage to an
under-age person. Member Hulbert seconded the motion.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
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Minutes/Edina City CounciVjanuary 17,2006
RESOLUTION NO. 2006-10 - ACCEPTING VARIOUS DONATIONS Mayor Hovland asked
for an explanation of the first donation on the list, listed as...'Donation to City of Edina by
Gabbert and Beck/CLP Partners - $3,000.00, for Centennial Lakes Park for Lighthouse Fireworks
Display'. Mr. Hughes explained each August, Centennial Lakes Park and the John Phillips Sousa
Memorial Band sponsor an event named, 'Lighthouse Night', the last concert of the season. The
Model Boat Club has their final regatta of the season at the event that culminates with a brief
fireworks display. Mr. Hughes noted for the past 4 - 5 years, Centennial Lakes Partners have
sponsored the fireworks display. The donation was the reimbursement for fireworks that took
place in August. Mayor Hovland asked who solicited the funds. Mr. Hughes said Scott Crosbie of
the Band solicited the donation, similar to the 41h of July Parade and Fairview Southdale Hospital.
Member Masica voiced concern with the timing of accepting the donation from Gabbert and Beck
because of the proposal presently before the Council for a potential development at the Galleria.
Mr. Hughes said this donation was not from a developer, but from Centennial Lakes Plaza which
was a retail establishment within the City. In the past the Council has directed staff to solicit
donations to defray expenses. Member Masica said the perception of acceptance of the donation
could be misconstrued as an impropriety. Mr. Hughes asked if he should stop soliciting
corporate donations. Mayor Hovland reminded the Council that this was a reimbursement for an
August fireworks display that has been solicited by the Band and has been done for 4- 5 years in
this manner.
Member Masica said the Council was bound by State Law to not accept anything from anyone
that may be a stakeholder in things associated with the City.
Member Swenson commented she would not want to stop seeking donations from corporations
because corporations have an interest in making the City a success. She added it was the
Council's obligation not to be swayed by any donation.
Member Hulbert said common sense must be the guideline in accepting donations.
Member Housh stated he would not like the solicitation for corporate funds to stop and he did
not think the two issues were in any way co-mingled, but if returning the funds to the donor
would make everyone comfortable,he would concur.
Mayor Hovland said, this was a reimbursement and he did not believe it exhibited any sense of
influence on any possible future decision of the Council.
Mayor Hovland questioned how the motion should be worded to exclude the reimbursement
donation. Attorney Gilligan recommended deletion of the reimbursement donation from the
resolution prior to its adoption.
Member Masica introduced the following resolution and moved its adoption:
RESOLUTION NO. 2006-10
ACCEPTING DONATIONS ON
BEHALF OF THE CITY OF EDINA
WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two
thirds majority of its members.
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Minutes/Edina City CounciVIanuary 17, 2006
NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere
appreciation the following listed donations on behalf of its citizens.
Donations for Edina Fire Department Equipment as follows:
N.C. Little Memorial Hospice, Inc. $750.00
Robert and Carolyn Hagen $1,000.00
Donation to the Braemar Memorial Fund for future Golf Course equipment purchases
as follows:
Armond Halweg $25.00
Vay Stonebraker $25.00
Roy Wien $10.00
James R. Allen $25.00
Duane D. Blake $25.00
Braemar Men's Club $300.00
P. Cory Peterson $50.00
William Cunningham $30.00
Mark A. Gaasedelen $50.00
Gene Nord $25.00
Hugh A. Sweeney $25.00
John Adams $25.00
Robert J. Malby $50.00
Daniel J. Moran $100.00
Gerald W. Nystrom $50.00
John Canton $30.00
Robert F. Teese $25.00
Gloria L. Strom $25.00
Robert A. Liebo $25.00
Emmy Lou Mueller $20.00
Clarice J. Peet $100.00
Midwest Investors Inc $50.00
Donations to Edina Park Department as follows:
David and Beverly Arnold $70.00 Firearms Safety Training Program
Betty and Woody Cater $500.00 Edina Art Center
Edina Community Foundation $1,250.00 Rosland Grants In Aid
Thomas W. Osborn $500.00 Edina Art Center
R. Patricia Sullivan $300.00 Edina Art Center
Donation to Public Works Department of a pressure washer from:
U.S. Defense Reutilization and Market
Office/Service $2,800.00 Value of Pressure Washer
Dated: January 17, 2006. Member Hulbert seconded the motion
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
REAPPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS Mayor Hovland
informed the Council that letters had been sent to members of Edina's Boards, Commissions and
Committees who were eligible for re-appointment with terms expiring on February 1, 2006. The
letter inquired whether the eligible members were interested in being re-appointed. He received
affirmative responses to his inquiry with the following members being re-appointed:
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Minutes/Edina City CounciVianuary 17, 2006
NAME BOARD/COMMISSION/COMMITTEE TERM ENDING
Ruth Val emae Art Center Board 2/1/09
Arlene Forrest Herita a Preservation Board 2/1/08
Chris Rofidal Heritage Preservation Board 2/1/08
Idelle Longman Human Rights/Relations Commission 2/1/09
Andy Otness Human Rights/Relations Commission 2/1/09
Michael Damman Park Board 2/1/09
Todd Fronek Park Board 2/1/09
George Klus Park Board 2/1/09
Michael Schroeder Planning Commission 2/1/09
Tim Brownell Rec clin /Solid Waste Commission 2/1/08
William Bryan Recycling/Solid Waste Commission 2/1/08
Marie Thorpe Trans ortation Commission 2/1/09
Les Wannin er Transportation Commission 2/1/09
Jean White Transportation Commission 2/1/09
Rodney Hardy Zoning Board of Appeals 2/1/09
James Nelson Zoning Board of Appeals 2/1/09
Member Swenson made a motion approving re-appointments to the respective Boards,
Commissions, and Committees for term limits as listed above. Member Housh seconded the
motion.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
APPOINTMENT OF CITY PROSECUTOR Mr. Hughes reminded the Council that they directed
staff to solicit proposals for prosecution services to determine the alternatives we have for these
services. Currently, the law firm providing prosecution services was appointed approximately 20
years ago. We have not surveyed the market in that time.
Mr. Hughes said a Request for Proposal (RFP) was drafted and sent to metro area law firms with
experience as municipal prosecutors in Hennepin County. Proposals were received from eight
law firms. A four-person committee made up of Council Members Swenson and Hulbert, Police
Chief Siitari and himself, reviewed the proposals and narrowed the field to five firms. The
incumbent prosecutor was included in the group of five firms that were interviewed by the
committee. Criteria that were used for the selection process were experience, cost, administrative
support, ancillary services as well as the 'fit' with the community and the City's prosecutorial
needs.
Following the interviewing process, the committee recommended the law firm of Bonner and
Borhart be appointed as the City Prosecutor with a start date of March 1, 2006. Bonner and
Borhart will be represented in Edina by Patrick Leach, who will be the lead prosecutor for that
firm. Bonner and Borhart offers high quality prosecution services for a significant reduction in
budgeted costs.
Member Swenson said this was a great learning experience and she knows the change was
positive.
Member Masica inquired what the annual savings would be with the new law firm. Member
Swenson indicated savings could be as much as $60,000-$70,000 annually.
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Minutes/Edina City Council/January 17, 2006
Member Swenson made a motion accepting the services of Bonner and Borhart Law Offices as
the City of Edina's Prosecutor, beginning on March 1, 2006. Member Hulbert seconded the
motion.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
*RESOLUTION NO. 2006-11 APPROVED SUPPORTING MOTOR VEHICLE SALES TAX
CONSTITUTIONAL AMENDMENT Motion made by Member Swenson and seconded by
Member Hulbert approving the following resolution:
RESOLUTION NO. 2006-11
SUPPORTING A MOTOR VEHICLE
SALES TAX CONSTITUTIONAL AMENDMENT
Whereas, Minnesota's transportation infrastructure forms the backbone of the state's
economy and has a direct impact on future economic development;and
Whereas, too many Minnesotans are being killed in traffic crashes on dangerous
roadways;and
Whereas,funding for highway and transit systems in Minnesota has remained stagnant
and is failing to keep pace with growing population and growing demands;and
Whereas, local governments throughout the state are struggling to maintain local
transportation systems while the state's gas tax has not been increased since 1988 and transit
budgets have been cut in recent years;and
Whereas, the Minnesota Legislature has repeatedly turned to revenue from the motor
vehicle sales tax, which has been viewed as user fee revenue, in order to fund both highway
and transit systems including the current dedication of 54% of motor vehicle sales tax for
transportation purposes; and
Whereas, the legislature passed a proposed constitutional amendment during the 2005
Legislative Session that would appear on the ballot November 7, 2006 asking voters if the
remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be
used for highways and transit systems;and
Whereas, passage of this amendment would mean an increase in stable revenue for
highway and transit systems throughout the state that would rise to approximately $300
million per year once the transfer of revenue is fully phased-in by 2011.
NOW, THEREFORE, BE IT RESOLVED, that the I-494 Corridor Commission cities of
Edina, Bloomington, Richfield, Minnetonka, Plymouth and Eden Prairie strongly support
passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor
vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit
assistance and no more than 60% of the revenue for highway purposes.
Dated: January 17,2006.
Motion carried on rollcall vote -five ayes.
*APPROVE TRAFFIC SAFETY REPORT OF JANUARY 3, 2006 Motion made by Member
Swenson and seconded by Member Hulbert approving the Traffic Safety Staff Review for
January 3,2006, Section A:
1. Installation of "Disabled Child Area" signs along the 7700 block of Gleason Road;and
2. Placement of "No Parking Anytime" signs on the west side of Vandervork Avenue
north of Division Street including the north end cul-de-sac;
and Section B and C.
Motion carried on rollcall vote -five ayes.
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Minutes din
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*APPROVE CHANGE ORDER NO. 4 - SCHAEFER ROAD STREET & UTILITY
IMPROVEMENTS, CONTRACT NO. 05-7 Motion made by Member Swenson and seconded
by Member Hulbert approving Change Order No. 4, for Schaefer Road Street and Utility
Improvements, Contract No. 05-7 in the amount of$1,842.50.
Motion carried on rollcall vote -five ayes.
*RESOLUTION NO. 2006-12 SETTING HEARING DATE OF FEBRUARY 21 2006 FOR
WATERMAIN IMPROVEMENT PROTECT NO. WM-451 NINE MILE VILLAGE
TOWNHOMES Member Swenson introduced the following Resolution seconded by Member
Hulbert and moved its adoption:
RESOLUTION NO. 2006-12
SET PUBLIC HEARING DATE OF FEBRUARY 21,2006,
FOR NINE-MILE VILLAGE WATERMAIN REHABILITATION PROJECT
IMPROVEMENT NO.WM-451
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA,
MINNESOTA, that a public hearing shall be held on the 21st day of February, 2006, in the
Council Chambers at City Hall at 7:00 P.M. to consider Improvement No. WM-451 for Nine-
Mile Village Water Main Rehabilitation.
BE IT FURTHER RESOLVED, that the City Clerk shall give mailed and published
notice of such hearing and improvements as required by law.
ADOPTED this 17th day of January,2006.
Motion carried on rollcall vote -five ayes.
MASSING TASK FORCE MEMBERS APPOINTED Mayor Hovland reminded the Council at
their January 3, 2006, meeting, two appointments were made to the Massing Study Task Force.
Dennis Maetzold was appointed as Chair and Michael Schroeder, Land Use ilanner as the
representative from the Planning Commission. Staff was given the authority to h2 a consultant
to facilitate the study at a cost not to exceed $15,000 with an end date for the s y of May 16,
2006. After a brief discussion, the Task Force would be comprised of betweene and seven
members. Mayor Hovland suggested appointing the following residents to tffp Task Force;
Architect Tim McIlwain, Attorney and Member of the Board of Appeals William Skallerud,
Attorney John Wheaton and Realtor Margie Sampsell.
Member Swenson made a motion appointing the following residents to serve on the Massing
Study Task Force; Tim McIlwain, William Skallerud, John Wheaton and Margie Sampsell.
Member Hulbert seconded the motion.
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
*CONFIRMATION OF CLAIMS PAID Member Hulbert made a motion and Member Hulbert
seconded the motion approving payment of the following claims as shown in detail on the
Check Register dated January 4, 2006, and consisting of 26 pages: General Fund $310,216.71;
Communications Fund $3,707.66;Working Capital Fund $16,176.07, Art Center Fund $1,702.80;
Golf Dome Fund $2,070.97, Aquatic Center Fund$98.94; Golf Course Fund$2,210.75; Ice Arena
Fund $10,882.96; Edinborough/Centennial Lakes Fund $12,455.27; Liquor Fund $267,943.08;
Utility Fund $294,217.79; Storm Sewer Fund $442.00; Recycling Fund $788.10; PSTF Agency
Fund $2,584.19; TOTAL $925,497.29; and for Confirmation of Claims Paid as show in detail on
the Check Register dated January 11, 2006, and consisting of 26 pages; General Fund
$146,947.57; Communications Fund $26,218.17; Working Capital Fund $1,411.38; Art Center
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Minutes/Edina City CounciVianuary 17, 2006
Fund $7,945.79; Golf Dome Fund $7,819.14; Aquatic Center Fund $430.70; Golf Course Fund
$23,502.50; Ice Arena Fund $19,473.02; Edinborough/Centennial Lakes Fund $3,159.32; Liquor
Fund $137,557.30; Utility Fund $18,030.57, Storm Sewer Fund $637.70; Recycling Fund $20.00;
PSTF Fund$2,059.66;TOTAL $395,212.82.
Motion carried on rollcall vote -five ayes.
CAPITAL IMPROVEMENT PROGRAM (CIP) 2006-2010 ADOPTED Mr. Hughes noted the
Council had reviewed the Capital Improvement Program at the Council Meeting on January 3,
3006. Some questions were raised at that meeting about the 'Flowrider' addition to the Aquatic
Center. Mr. Hughes said information responding to those questions had been included in the
packet. Mr. Hughes said in response to questions about the Courtney ball field's renovation and
concession stand proposed for 2006, the Council leave the project in as proposed, but suggested
staff would prepare a feasibility report for Council consideration before any final design was
brought forward.
Member Housh thanked staff for the additional information on the 'Flowrider' and asked for the
financing source. Assistant Park Director MacHolda explained the ride would be purchased
from accumulated funds and no monies would need to be borrowed. Member Housh asked if
there was a designed space in the pool area for just sitting, observing or reading. Mr. MacHolda
indicated the proposed ride would be constructed in the area near the loading dock and that he
hoped low-rise bleachers would be constructed near the ride for observers.
Member Masica asked from the information provided how actual attendance at the Aquatic
Center would generate fewer dollars. Mr. MacHolda replied that weather was a big factor in the
Aquatic Center's annual revenues, but his guess was that season ticket holders used the center
more often in 2005. Member Masica asked for some figures on the sale of concessions. Mr.
MacHolda said approximately $84,000 in concessions were sold in 2005. Mr. MacHolda
explained further about the composition, the life-expectancy and the winter storage of the
'Flowrider'.
Member Swenson stated her hope that the improvements to Courtney Fields can be
accomplished sooner rather than later.
Member Housh asked if participating athletic associations could be involved in getting the
facility completed both with planning and financial help. Mr. Hughes said Director Keprios has
asked the associations for input and will continue to do so through the design stage.
Member Housh confirmed that the CIP program was actually a one year budget and a four year
program. Mr. Hughes said yes.
Member Housh made a motion approving the Capital Improvement Program for years 2006 -
2010 as presented.
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
AWARD OF BID FOR ROUGH ROTARY MOWER - BRAEMAR GOLF COURSE Motion
made by Member Swenson for award of bid for a rough rotary mower for Braemar Golf
Course to recommended bidder, Turfwerks, under Minnesota State Contract #434107, at
$37,559.36. Member Masica seconded the motion.
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Minutes/Edina City CouncillfanuaKy 17,2006
Member Masica inquired if the Park Department had an approximate cost of this mower and
what was its life expectancy. Director Keprios said the mower should last approximately ten
years and was purchased through the Minnesota State Contract.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
AWARD OF BID FOR FOUR GREENSMOWERS - BRAEMAR GOLF COURSE Member
Masica made a motion for award of bid for four greens mowers for Braemar Golf Course, to
MTI Distributing Company, under Minnesota State Contract #434113, at $76,300.86. Member
Housh seconded the motion.
Ayes: Housh, Hulbert, Masica,Swenson,Hovland
Motion carried.
AWARD OF BID FOR CONTRACT NO. 05-6,CLEANING, REPAIRING AND PAINTING OF
VAN VALKENBURG WATER TOWER, IMPROVEMENT NO. WM-435 Motion made by
Member Swenson approving the award of bid for Contract No. 05-6, cleaning, repairing and
painting of Van Valkenburg water tower, Improvement No. WM-435, to recommended low
bidder, Odland Protective Coatings,Inc.,at$516,500.00. Member Hulbert seconded the motion.
Member Masica asked how often this cleaning, repairing and painting was done. Mr. Houle said
approximately every 15 - 20 years. Mr. Hughes said funds for the project were from utility fund
and were supported from the water/sewer rates.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
AWARD OF BID FOR CONTRACT NO. PW-05-2, SANITARY SEWER LIFT STATION NO. 3
PUMPING FACILITY RENOVATION,IMPROVEMENT NO. LS-35 Member Swenson made a
motion approving the award of bid for Contract No. PW-05-2, sanitary sewer lift station No. 3,
pumping facility renovation, Improvement No. LS-35, to recommended low bidder, Meisinger
Construction Co.,Inc. at$62,000.00. Member Hulbert seconded the motion.
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
PETITION RECEIVED REQUESTING INSTALLATION OF STREET, CURB, GUTTER,
SIDEWALK, STORM SEWER, WATERMAIN AND STREET LIGHTING FOR 7311 FRANCE
AVENUE SOUTH Member Masica removed the petition for further information. But her
questions were answered during the discussion about developer participation in infrastructure.
Motion made by Member Masica and seconded by Member Hulbert approving receipt of a
petition requesting installation of street, curb, gutter, sidewalk, storm sewer, watermain and
street lighting for 7311 France Avenue South, being developed by Cypress Equities and to
refer the petition to the Engineering Department for processing as to feasibility.
Motion carried on rollcall vote - five ayes.
CONCERN OF RESIDENT
Gene Persha, 6917 Cornelia Drive, asked at which meetings in the future the public would be able
to speak to issues on the agenda. Member Swenson said comments about the Southdale Study
will be accepted at the February 7, 2006, Council Meeting and comments about Ordinance
changes would be heard on February 21, 2006. Mr. Persha asked where he could get the final
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Southdale Study. Mayor Hovland said the study was on the Edina website. Mr. Persha suggested
residents handle fund raising for the City rather than the City Manager because of the perception
that might be considered. Mr. Persha asked if a Special Council Meeting was going to be held
prior to the next Council Meeting on the Southdale Study. Mayor Hovland said the Southdale
Study will be the only public hearing on the Council Agenda on February 7, 2006.
John Bohan, 800 Coventry Place, questioned Agenda Item VI.A. Receive Petition from Bertram
Minor requesting Street, Curb, Gutter, Sidewalk, Storm Sewer, Watermain and Street Lighting for
7311 France Avenue South and how it relates to the Cypress Properties proposal. Mr. Hughes at
the time the Cypress Properties received preliminary approval, one condition was that either
easements had to be obtained to gain access along the north property line or they would need to
petition for a public road to serve that portion of the property. The City has received a petition to
pursue a public road to gain access to the Cypress site. The City's process was to refer that
petition to the Engineering Department to complete a feasibility study. Following completion of
the study, a public hearing was called at a Council meeting and the improvement was ordered.
Mr. Hughes said the benefited property owner would be assessed one hundred percent of the
cost of the right-of-way.
'CONCERNS OF RESIDENT'S' LOCATION ON AGENDA DISCUSSED Member Hulbert
said she would like the 'Concerns of Resident's' portion of the Council agenda to be near the
beginning of the agenda rather than at the end. Mayor Hovland reminded the Council that this
concept had been discussed previously with the suggestion that Concerns of Residents be held at
6:30 P.M., prior to the Council Meeting at 7:00 P.M. Member Hulbert said she would prefer the
'Concerns' part of the agenda be at 7:00 P.M. Mr. Hughes informed the Council that City
Ordinance prescribes that public hearings be heard first at a Council meeting. He added not all
residents want to express their concerns on television. Member Housh suggested opening up a
portion of a work day to meet with residents. Member Hulbert stated she would change the
ordinance allowing 'Concerns of Resident's' to be the first thing on the agenda. Member Masica
said she believes persons who speak during the 'Concerns of Resident's' portion of the minutes
do want to have their comments on television. She stated if the 'Concerns' portion of the agenda
order can not be changed; she suggested leaving it where it is. She added that whatever was
decided, the public must be notified of the changes. Mayor Hovland reiterated that he does not
recall a resident ever requesting a change in the public hearing process. Member Masica said as a
body,no public testimony on a topic would be taken until the public hearing.
Council consensus directed staff to develop options for placement of the 'Concerns of Resident's'
location on the Council Agenda and to bring it back for discussion at the February 7, 2006,
regular Council meeting.
SPECIAL CONCERNS OF MAYOR AND COUNCIL Member Hulbert questioned where the
process was concerning the solicitation for insurance carriers for the City of Edina. Member
Housh commented that Request for Proposal's were presently in the insurance carrier's hands.
Member Hulbert stated the City Attorney's contract should be reviewed. Member Masica
suggested reviewing vendor and consultant relationships every five years.
Member Masica suggested having both the recycling containers and the refuse containers at the
garage for collection, to stop the confusion. She said she believed the additional cost would be
minimal and may encourage more residents to recycle. Mr. Hughes noted that the recycling
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Minutes/Edina City Council/ianuary 17, 2006
contract has alternative prices for curbside or garage side pickup. The City's Ordinance requires
that recycling be.placed at the curb and would require an amendment to be changed.
Member Masica indicated that residents need to be informed about every aspect of when they
were able to speak
MANAGER'S MISCELLANEOUS ITEMS Mr. Hughes indicated the Public Art Committee has
expressed an interest in meeting with the Council. He suggested a 5:30 P.M. meeting be
scheduled on February 7, 2006,in the Community Room.
DATE OF BOARD OF REVIEW DATE CHANGED TO APRIL 17, 2006 Mr. Hughes reminded
the Council they had previously set April 10, 2006, as the hearing date for Board of Appeal and
Equalization but a conflict has developed with that date.
Following a brief Council discussion, the date was changed to April 17, 2006, at 5:30 P.M. in the
Council Chambers.
There being no further business on the Council Agenda, Mayor Hovland declared the meeting
adjourned at 11:05 P.M.
City Clerk
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