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HomeMy WebLinkAbout20000801_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL , HELD AT CITY HALL AUGUST 1,2000 - 200 P.M. ROL CALL Answering rollcall were Members Faust, Johnson, Kelly, and iyor Maetzold. CONSENT AGENDA ITEMS APPROVED Motion made by Member Johnson and seconded by Member Faust approving the Council Consent Agenda as presented. Rollcall: Ayes: Faust, Johnson, Kelly, Maetzold Motion carried. CERTIFICATE OF APPRECIATION PRESENTED TO CITY BY METROPOLITAN COUNCIL Mayor Maetzold accepted a Charter Partner Certificate of Appreciation presented to the City by Mary Smith of the Metropolitan Council which stated, "In appreciation for your accomplishments in promoting Smart Growth, housing choice and cleanup of polluted land for redevelopment". *MINUTES OF THE REGULAR MEETING OF TULY 18,2000, APPROVED Motion made by Member Johnson and seconded by Member Faust approving the Minutes of the Regular Meeting of July 18,2000. Motion carried on rollcall vote - four ayes. "HEARING DATE SET FOR AUGUST 15,2000, FOR PRELIMINARY PLAT, TANCO, INC., 6709 INDIAN HILLS ROAD (BRENDAN GLENN) Motion made by Member Johnson and seconded by Member Faust setting August 15,2000, for the following planning matter: I 1. Preliminary Plat for Janco, Inc., Brendan Glenn, 6709 Indian Hills Road. Motion carried on rollcall vote - four ayes. *RESOLUTION 2000-78, APPROVING LOT DIVISION - 5212 AND 5214 MALIBU DRIVE iTIM AND ANN MCGLENNEN) Motion made by Member Johnson and seconded by Member Faust approving the following resolution: RESOLUTION 2000-78 A RESOLUTION APPROVING A LOT DIVISION FOR 5212 AND 5214 MALIBU DRIVE Lot 2, Block 1, PARKWOOD KNOLLS 15TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "parcels") described as follows: PARCEL A That part of Lot 2, Block 1, PARKWOOD KNOLLS 15TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the following described line: WHEREAS, the following described property is at present a single tract of land: Page 1 Mnutes/Edina CiW CouncWAugust - 1,2000 Commencing at the southeast corner of said Lot 2; thence North 00 degrees 13 minutes 50 seconds East, assumed bearing along the easterly line of said Lot 2, a distance of 59.78 feet to the point of beginning of the line to be described; thence South 89 degrees 59 minutes 43 seconds West, a distance of 149.91 feet to the westerly line of said Lot 2 and said line there terminating. I PARCEL B That part of Lot 2, Block 1, PARKWOOD KNOLLS 15m ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT that part lying southerly of the following described line: P Commencing at the southeast corner of said Lot 2; thence North 00 degrees 13 minutes 50 seconds East, assumed bearing along the easterly line of said Lot 2, a distance of 59.78 feet to the point of beginning of the line to be described; thence South 89 degrees 59 minutes 43 seconds West, a distance of 149.91 feet to the westerly line of said Lot 2 and said line there terminating. WJXEXEAS, the requested subdivision is authorized under Code Section 810 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said newly created Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina 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 or with the prior approval of this Council as may be provided for by those Ordinances. Adopted this 1st day of August, 2000. Motion carried on rollcall vote - four ayes. I “BID AWARDED FOR VERNON AVENUE SIDEWALK RECONSTRUCTION IMPROVEMENT #S-080 Motion made by Member Johnson and seconded by Member Faust for award of bid for bituminous sidewalk reconstruction on Vernon Avenue from TH 62 to Pinewood Trail, Improvement No. S-080, Contract No. 00-7, (Engineering) to recommended low bidder, C.S. McCrossan Construction, Inc., at $73,435.00. Motion carried on rollcall vote - four ayes. DAN PATCH COMMUTER RAIL UPDATE PRESENTED Manager Hughes noted that a consulting firm of Parsons, Brickerhoff, Quade and Douglas, hc., (PB) has been hired by the 1-35 Solutions Alliance and Dakota County to complete a feasibility study of the Dan Patch Rail Corridor. The work plan dedicates eight hours of time with each City along the route. Edha City staff met with PB on July 11 and took a field trip through the corridor in Edina. Laurie McNamara, City of Edina citizen representative was included in the field trip. I Page 2 MinutesEdha City Council/Aug;Llst - 1,2000 During the consultant selection process, PB identified their role as a fact-finding mission and not a decision making process. Throughout the study period, PB will be idenbfying the positives, negatives and associated costs with study findings. Stephanie Eiler, Consultant with PB, said her company is responsible for encouraging public participation and iden-g specific costs, potential ridership and potential impacts of commuter rail within the rail corridor. The Dakota County Office of Planning is responsible for project management, research support, Geographic Information System mapping and public participation management. I The study is supposed to be complete by the summer of 2001. At that time, the I-35W Solutions Alliance will make a recommendation on the project, although the final decision on whether to proceed will be made by the Minnesota Department of Transportation. Even if approved, Ms. Eiler said it is unlikely commuter rail will service this part of the metropolitan area before 2020. PB and Dakota County will host a town meeting on the project Thursday, September 21,2000, at the Edina Community Center. Mayor Maetzold asked further about safety. Ms. Eiler commented that nothing has been decided upon as far as safety for properties abutting the proposed rail corridor. Member Faust stated that Edina is 90% developed. She asked where a commuter rail station could be built that would have adequate parking. Ms. Eiler said when they met with the cities, they were asked if they wanted a station and if the answer was yes, then in what location. The top location in Edina that was mentioned was in the interchange area - Cahill Road/70& Street/Highway 100. Ms. Eiler noted that commuter rail draws from a larger area and needs further examination as far as adequate parking. She added if commuter rail is going through your City and there is no access to it that creates another set of problems. I Manager Hughes commented that staff met with Laurie McNamara recently and tentatively considered three station locations, 1) the interchange area as mentioned previously, 2) the Grandview area, and 3) in Bloomington, immediately south of the Edina border. Ms. Eiler said another meeting will be held with City staff and Laurie McNamara to assimilate previously discussed concerns. Member Johnson asked who ultimately has the decision of go/no go on commuter rail. Ms. Eiler said the final decision would be by the I-35W Alliance. Mr. Johnson added traffic is getting worse all the time and alternatives should be explored to meet the needs of citizens not only in Edina but in the surrounding area. Manager Hughes said the role Edina plays is one that manages the impending study. Once the study is completed it is presented to MnDOT where a more comprehensive study is completed and ultimately the decision would be made by the Legislature where monies would come from. Ms. Eiler said the State would be asked to cost share and if funds were not forthcoming, that would be the end of the project. Member Faust asked when the project will come to fruition. Ms. Eiler said this is the ihird corridor to be considered and timing is from 2010 to 2020. Page 3 Minutes/Edina City CounciVAugust - 1,2000 Mayor Maetzold inquired whether property values would be part of the impending study. Ms. Eiler stated their contract states it is necessary to give feedback on what happens to property values when commuter rail comes in. They will present results from other cities whose studies have been completed. I Manager Hughes inquired when the website would be available. Ms. Eiler explained it should be ready in six weeks. She added that Commissioner Mike Turner was specific in stating that all communities have access to the same information. Laurie McNamara explained that there are a number of concerned residents in Edina. She inquired whether a public forum could be held right before the September 21,2000, meeting. Member Kelly suggested submitting concerns or questions in writing previous to the meeting. No Council action was taken. *RESOLUTION 2000-74 - APPOINTING TUDGES FOR SEPTEMBER 12, 2000, PRIMARY Motion made by Member Johnson and seconded by Member Faust approving the following: RESOLUTION NO. 2000-74 APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 12,2000 PRIMARY ELECTION WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the Edina City Council that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as election judges for the primary election to be conducted on September 12,2000; and BE IT FURTHER RESOLVED, that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Passed and adopted by the Edina City Council this 1st day of August, 2000. Motion carried on rollcall vote - four ayes. COUNCIL APPROVED LETTER TO BLUE RIBBON TASK FORCE COMMITTEE Manager Hughes presented a draft of a letter to be sent to the Blue Ribbon Task Force Committee thanking them for their willingness to serve. The letter requested the Task Force to respond to the 0 Validate, reject or modiry our perception of the need for additional gymnasium soccer facilities and auditorium facilities in the City, Identify other needs that should be addressed, e Is there an opportunity and is it advisable to partner with the School District to meet these needs and if so, how should such an arrangement be structured, Are there other partnering opportunities for some of the facilities, After reviewing the aforementioned pre-design study, is it more appropriate for some or all of the facilities to be located elsewhere in the City other than on School District Will the recommended package of Park and Recreation facilities and improvements be acceptable to the community. following: property, and Page 4 I Minutesfidina Citv Council/August 1,2000 2001 2002 2003 Single Family & Duplex $2.10 $2.16 $2.22 Multi-Unit $1.90 $1.96 $2.02 Manager Hughes suggested the eleventh member of the Blue Ribbon Task Force Committee be Dan Rectenwald. Mr. Rectenwald is a resident at 5611 Sherwood Avenue, an architect with Hamel Green, a coach of children's sports and he has children in the Normandale Elementary School. Member Kelly commented if the Committee comes back after completing their study concluding gymnasium space is not needed, the issue is an abject failure and waste of time. The need for gymnasium space has been established, the question is should they be centralized or de- centralized, where should they be located and how would the need be addressed. Assistant Park Director MacHolda explained the need for space was studied and results presented approximately four years ago for between four and six gymnasiums. Member Johnson added the power of a Blue Ribbon Panel is to ratify independently the needs expressed by the residents. Having an "objective" panel agreeing with the users of the facility adds strength to the proposal. Member Kelly inquired whether cross-utilization of space has been reciprocal by both the City and School. Member Faust commented she had heard from residents that rental fees for facilities has priced them out of the market. Member Johnson made a motion directing staff to send an appropriate letter to members of the Blue Ribbon Task Force Committee taking into consideration the concerns expressed by the Council and granting approval of the appointment of Dan Rectenwald as the eleventh member on the Committee. Member Kelly seconded the motion. Ayes: Faust, Johnson, Kelly, Maetzold Motion carried. RESIDENTIAL RECYCLING CONTRACT CONTINUATION APPROVED Coordinator Wilmot explained that currently, BFI collects Edina residents' recycling at the garage for a slightly higher rate. Although City ordinance requires residents to leave their recycling at the garage for pick-up, staff reported that nearly sixty percent currently put their bins at the curb. For that reason, and because of the lower rate offered for curbside collection, the Recycling and Solid Waste Commission recommended accepting curbside collection. In 2001, residents would be required to place their bins at the curb on collection day. The monthly rate would be $2.10 for single family residences and duplexes and $1.90 per unit for multi-unit complexes such as apartment buildings. The current rates are $2.70 and $2.30 per month, respectively. BFI will continue to provide garage side collection for people who are unable to take their bins to the curb, such as the elderly or disabled. Wheels can be provided for the bins, if requested. Page 5 MinutesEdha Citv CounciVAugust - 1,2000 Paul Rosland, BFI, said Edina is the only contract within the Twin Cities that has garage side I recycling pickup as a separate contract. He added BFI wants to give Edina the best service possible. Fred LMe, 4725 Dunberry Lane, asked if recycling must be done every week or could it be done less often. Following a Council discussion, Member Johnson made a motion accepting BFI's proposal for continuation of residential recycling service for three years and the Edina Recycling and Solid Waste Commission's recommendation for curbside collection at: __ * Single Family and Duplex Multi-unit $2.10 per unit, per month $1.90 per unit, per month contingent upon adoption of an ordinance amendment. Member Faust seconded the motion. Ayes: Faust, Johnson, Maefzold Nays: Kelly Motion carried. "HEARING DATE SET OF AUGUST 15,2000, FOR FOUNTAINWOOD CONDOMINIUM'S NOISE VIOLATION Motion made by Member Johnson and seconded by Member Faust setting August 15, 2000, as hearing date for a Noise Violation at the Fountainwood Condominiums, and to request an amendment to the City Code Section 1040, "Noise Disturbing the Public Peace". Motion carried on rollcall vote - four ayes. CONCERNS OF RESIDENTS EXPRESSED Toni Bennett, 4003 Lynn Avenue, shared a copy of a letter from the Minnesota Department of Children, Fdes and Learning to Dr. Kenneth Dragseth, Superintendent of the Edina Schools outlining the process School Districts need to follow when undertaking lmprovemenfs to existing schools. She voiced her concerns relative to the process being followed and urged that the Blue Ribbon Committee be given this information. RiuoZi Golden, 6566 France Avenue South, Chairman of the Fairview Southdale Hospital Expansion Project for the Point of France Association, 6566 France Avenue South, gave background information and voiced concern about changes in building materials since the Public Hearing. She spoke about her letter of July 14,2000. Ms. Golden noted a productive meeting had been held on July 10, 2000, between the Fairview Southdale Hospital and Point of France Association. The Association feels confident the final ramp design wiU be acceptable to all concerned and that, "Good quality design is in the best interest of all parties." Rick Dahl, BWBR Architects, St Paul, Architects for the Fairview Southdale Hospital Expansion Project reiterated that meetings have been held with all persons involved in the project. He explained the process planned for the parking ramp and showed samples of the product. Member Johnson admitted he is not qualified to evaluate whether the construction materials comply with what was requested or meets what was required of the hospital to be doing. The issue is whether the City is in substantial compliance, or was something approved that shouldn't have been. Page 6 MinutesBdina City CounciVAumst 1,2000 Member Kelly concurred with Member Johnson and further questioned how the building materials changed from pre-cast to poured-in-place concrete. Rick Dahl explained that a packet had been submitted to the Council previously explaining the change. He recollected a number of factors were apparent, 1) as the pre-cast product was presented to the Council, negative comments were heard; 2) Knutson Construction can provide a competitively priced concrete component; 3) parking ramp can be more expeditiously completed with poured-in- place spandrels because of the industries’ lengthy backlog for pre-cast products; and 4) quality of poured-in-place concrete acceptable by Hospital. Mr. Dahl said he is impressed with the product. Member Faust stated poured-in- place concrete is only as good as the forms you use. She noted she had accompanied Ms. Golden to examine the St. Paul ramp and they found it to be less than acceptable. Member Faust presented pictures of the St. Paul ramp. Mr. Dahl said the product they plan on using on the Hospital ramp is elastomeric and bridges hairline fractures. Member Faust said Mark Enger, Hospital Administrator, stated the City encouraged the project be completed expeditiously. She encouraged taking the time necessary to get the best product possible. Member Kelly stated he visited the St. Paul ramp and would be embarrassed to hang a Knutson Construction sign on the ramp. Mr. Dahl said the ramp in St. Paul will not be similar to the Hospital ramp. I Mayor Maetzold clarified the Council is not an architectural board and the concerns are legitimate. The situation is very difficult. Member Kelly said he personally did not notice the change in material being used in the building of the ramp and offered an apology. In the future between preliminary and final approval, anything that is a change should be brought to the attention of the Council. Mr. Dahl responded that the product proposed for the ramp is the best available. He added the same material was used on the Point of France building. Member Kelly said the problem is at the preliminary stage, one product was presented and approved by the Council. At the time of the final plan was presented, it included something different than what was held and touched by the Council during the preliminary stage. The question is not whether it is better or worse, the point is there was a change. The Council would have made informed decisions if all the facts about the change had come forward. Member Kelly asked what responsible thing can be done at this point. Manager Hughes said no Council action needs be taken but staff has gotten the message and must do a better job in the future. Member Johnson said that there are reputations at stake on all sides of this issue. The Council has given final permission on the project and should be completed in a first class manner. Member Faust wanted assurance that the Hospital ramp would not end up like the St. Paul ramp. Member Kelly concluded that the concerns are noted and by working together we will get a quality project. Gilbert Wanninger, Point of France, asked if a building permit had been acquired. Member Kelly said if the final specifications have been approved by the Council there is no discretion to deny the permit. Page 7 Minutes/Edina City Council/August 1,2000 Fred Little, 4725 Dunberry Lane, voiced concern with three issues; 1) the proposed Christ Presbyterian Church Memorial Prayer Garden, 2) a unkempt vacant lot at 69th and Brittany, and 3) a park with downed trees and green water at 66th Street and West Shore Drive. ASSET BUILDING TOINT MEETING DATE SET FOR SEPTEMBER 18, 2000 Manager Hughes explained the School District had requested a joint meeting date be set with the City regarding Asset Building. The date suggested was September 18,2000, at 5:15 P.M. Following a brief Council discussion, the meeting was set for September 18,2000, at 5:15 P.M. I RESOLUTION 2000-76 APPROVED EXTENDING TEMPORARY BOND - 1997B Assistant Manager Anderson said the 1997B issue was a temporary issue used to purchase the Kunz/Lewis property. The principal payoff was scheduled to be on August 15,2000. As a result of the new bond issues being called for sale on August 15, the proceeds to pay off the temporary issue will not be available until September. The resolution extends the maturity date to November 15,2000, and provides the City with the ability to call the bonds, once the proceeds from the other bond issues are received in September. Mr. Anderson explained that staff recommends approval of the resolution extending the 1997B Temporary Bonds to November 15, 2000. Following a brief Council discussion, Member Kelly introduced the following resolution and moved its approval: RESOLUTION NO. 2000-76 I AMENDING MATURITY DATE OF THE GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS, SERIES 1997B BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City"), as follows: Section 1. Recitals. The City has previously issued its General Obligation Temporary Tax Increment Bonds, Series 1997B in the principal amount of up to $2,500,000 (the "Bonds") pursuant to Minnesota Statutes, Section 469.178,subdivision 5(a) to finance the costs of acquisition of property, the demolition of existing structures located thereon and other site preparation costs to be undertaken by the Edina Housing and Redevelopment Authority (the "HRA") as part of the Grandview Area Redevelopment Plan of the HRA. The Bonds were purchased by the HRA from surplus funds on hand in the project fund for the 5OU1 and France Tax Increment Financing District of the HRA (the "Fund") and the Bonds are held as an asset of the Fund. The Bonds mature on August 15, 2000 and the City proposes to extend the maturity date to November 15,2000, and the HRA, as the owner of all the Bonds, has agreed to such extension of maturity date. Approval of Extension of Maturitv Date. The extension of the maturity date on the Bonds to November 15,2000 is hereby approved. The Mayor and City Manager are authorized to execute an agreement with the HRA amending the terms of the Bonds to extend the maturity date to November 15,2000. Member Johnson seconded the motion. Section 2. Adopted August 1,2000. Attest - Debra A. Mangen, City Clerk Dennis F. Maetzold, Mayor Rollcalk Page 8 MinutesBdina Citv CounciVAugust 1,2000 Ayes: Faust, Johnson, Kelly, Maetzold Resolution approved. RESOLUTION 2000-77 APPROVED CALLING FOR BOND SALE SERIES 2000A AND 2000B Assistant Manager Anderson explained the two bond issues relate to public improvements that are proposed for the Opus/Clark development in the Grandview area. 2000A pays for a portion of the Senior Center and Library and the balance of the construction costs are paid from other revenue sources according to the redevelopment agreement. 2000B has two purposes: 1) to refund the 1997 temporary issue that purchased the Kunz/Lewis site and would extend the life of the debt service to 2003 as the City has agreed to pay off the bond issue when it receives final payment for the property in 2001; and 2) the 2000B issue pays for the environmental cleanup costs. When total costs are determined and possible grant funds received for reimbursement, the net cost would be funded through a new issue in 2002. The debt service for the new issue would be paid through the establishment of the hazardous substance subdistrict within the existing TIF district. I Following a brief Council discussion, Member Kelly introduced the following resolution and moved its adoption: RESOLUTION NO. 2000-77 RESOLUTION PROVIDING FOR THE SALE OF $2,620,000 G.O. TAX INCREMENT BONDS, SERIES 2000A $3,565,000 TAXABLE G.O. TEMPORARY TAX INCREMENT BONDS, SERIES 2000B WHEREAS, the City Council of the City of Edina, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,620,000 G.O. Tax Increment Bonds, Series 2000A (the "Series 2000A Bonds") to finance the public costs associated with the Grandview Square Redevelopment Project and to issue the City's $3,565,000 Taxable G.O. Tax Increment Bonds, Series 2000B (the "Series 2000B Bonds") to refinance the G.O. Tax Increment Bonds, Series 1997B and to finance environmental remediation; and WHEREAS, the City has designated Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Edina, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Series 2000A Bonds and the Series 2000B Bonds. 2. Meeting; - Proposal Opening. The City Council shall meet at the time and place to be specified in the Terms of Proposal for the purpose of considering sealed proposals for, and awarding the sale of the Series 2000A Bonds and the Series 2000B Bonds. The City Manager, or designee, shall open proposals at the time and place to be specified in such Terms of Proposal for each issue. Terms of Proposal. The terms and conditions for the Series 2000A Bonds and the Series 2000B Bonds and the sale thereof are fully set forth in the Bond Sale Report and are hereby approved and made a part hereof. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Series 2000A Bonds and the Series 2000B Bonds and to execute and deliver it on behalf of the City upon its completion. I 3. 4. I Page 9 Minutes/Edina Citv CounciVAugust - 1,2000 Dated August 1,2000. Dennis F. Maetzold, Mayor Rollcall: Ayes: Faust, Johnson, Kelly, Maetzold Resolution approved. CLAIMS PAID Motion made by Member Faust approving payment of the following claims as shown in detail on the Check Register dated July 26,2000, and consisting of 56 pages: General Fund $453,661.64; Communications $18,834.28; Working Capital $8,817.00; Construction Fund $98,172.05; Art Center $17,345.34; Golf Dome Fund $387.76; Aquatic Center Fund $12,985.30; Golf Course Fund $32,550.40; Ice Arena Fund $2,401.94; Edinborough/Centennial Lakes $10,269.38; Liquor Fund $193,209.93; Utility Fund $40,609.68; Storm Sewer Utility Fund $3,524.82; TOTAL $892,769.52; and for confirmation of payment of claims as shown in detail on the Check Register dated July 27,2000, and consisting of 3 pages: General Fund $762,397.35; Communications $11.59; Working Capital $70.50; Golf Dome Fund $69.86; Golf Course Fund $814.52; Ice Arena Fund $5,201.83; Utility Fund $5,137.03; Storm Sewer Utility Fund $1,040.59; Liquor Dispensary Fund $0.00; TOTAL $774,743.27. Member Johnson seconded the motion. Rollcall: Ayes: Faust, Johnson, Kelly, Maetzold Motion carried. I There being no further business on the Council Agenda, Mayor Maetzold adjourned the Council Meeting at 9:52 P.M. Page 10