HomeMy WebLinkAbout2001-09-04 Council Regular MeetingMINUTES
OF THE REGULAR MEETING OF THE
EDINA CJTY COUNCIL
HELD AT CITY HALL
SEPTEMBER 4,2001
EO0 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by
Member Kelly approving the Council Consent Agenda as presented with the exception of the
Minutes of August 21,2001.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
CONSTITUTION WEEK PROCLAIMED Mayor Maetzold explained it was the privilege and duty
of all Americans to commemorate the two hundred twelfth anniversary of the drafting of the
Constitution of the United States. He declared the week of September 17 - 23 as Constitution Week in
the City of Edina.
Member Hovland introduced the following proclamation and moved its approval:
PROCLAMATION
CONSTITUTION WEEK
WHEREAS, it is the privilege and duty of all Americans to commemorate the two hundred
twelfth anniversary of the drafting of the Constitution of the United States of America with
appropriate ceremonies and activities; and
WHEREAS, Public Law 915 guarantees the issuance of a proclamation by the President of
the United States of America, designating September 17 through 23 as Constitution Week.
THEREFORE, I, Dennis F. Maetzold, by virtue of the authority vested in me as Mayor of
the City of Edina do hereby proclaim the week of September 17 through 23 as
CONSTITUTION WEEK
and urge all citizens to study the Constitution and reflect on the privilege of being an American
with all the rights and responsibilities, which that privilege involves.
IN WITNESS WHEREOF, I have hereunto set by hand and caused the Seal of the City of
Edina to be affixed this 4th day of September in the year of our Lord two thousand one.
Adopted this 4th day of September 2001.
Member Housh seconded the motion.
I
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
MINUTES OF THE REGULAR MEETING OF AUGUST 21, 2001, APPROVED Member Housh
stated the August 21,2001, Minutes should be corrected to read, "Mayor pro tem Kelly declared the
meeting adjourned." Motion made by Member Masica and seconded by Member Kelly approving
the Minutes of the Edina City Council, for August 21,2001.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried. I "CONSIDERATION OF PRELIMINARY PLAT FOR PARWOOD KNOLLS 26m ADDITION
CONTINUED TO SEPTEMBER 19, 2001 Motion made by Member Masica and seconded by
Member Kelly continuing consideration of the preliminary plat approval for Parkwood Knolls 26th
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Minutes/Edina City CounciVSeptember 4,2001
addition, replat of Outlot A, Parkwood Knolls 25" addition, Parkwood Knolls Construction
Company to September 19,2001.
Motion carried on rollcall vote - five ayes.
*HEARING DATE SET OF SEPTEMBER 19, 2001, FOR FINAL DEVELOPMENT PLAN FOR
SOUTHDALE MEDICAL CENTER (6545 FRANCE AVENUE SOUTH) Motion made by Member
Masica and seconded by Member Kelly setting September 19, 2001, as hearing date for Final
Development Plan for Southdale Medical Center (6545 France Avenue South).
Motion carried on rollcall vote - five ayes.
ORDINANCE NO. 2001-6, APPROVED, AN ORDINANCE AMENDING SECTION 900,
ALLOWING ONE CORPORATE ENTITY TO HOLD UP TO THREE LIQUOR LICENSES
Manager Hughes noted that the Council granted first reading to an ordinance allowing one corporate
entity to hold up to three on-sale intoxicating liquor licenses at its August 21,2001 meeting. He said
that staff recommended Council now grant second reading to the ordinance.
Following a brief discussion, Member Kelly moved to grant second reading to Ordinance No. 2001-
06 as follows:
EDINA ORDINANCE NO. 2001-06
AN ORDINANCE AMENDING SECTION 900.08 OF THE CITY
CODE TO PERMIT A PERSON TO POSSESS OR HOLD AN
LICENSES AT ONE TIME IN THE CITY
INTEREST IN UP TO THREE ON-SALE INTOXICATING LIQUOR
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS
f ollows:
Section 1. Subparagraph N. of Section 900.08 of the City Code is hereby amended to read as
"N. If for an On-sale Intoxicating Liquor License, any person who holds an interest
in an On-sale Intoxicating Liquor License or has made application for such a license for
more than three locations in the City. It is the intent hereof that no person may possess or
hold an interest in more than three On-sale Intoxicating Liquor Licenses at one time in the
City. For purposes hereof, "interest" includes any pecuniary interest in the ownership,
operation, management or profits of the establishment, but does not include: i) bona fide
loans, rental agreements, open accounts or other obligations held with or without security
arising out of the ordinary and regular course of business or selling or leasing merchandise,
fixtures or supplies to such establishment or ii) any interest of five percent or less in any
corporation holding an On-sale Intoxicating Liquor License."
Section 2. This Ordinance shall be in full force and effect upon passage and publication.
Adopted this 4" day of September 2001.
First Reading August 21,2001
Second Reading September 4,2001
Published September 19,2001
Attest .1
Member Hovland seconded the motion. I City Clerk Mayor
Rollcalk
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
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MinutesEdina Citv Council/September - 4,2001
Motion made by Member Masica and seconded by Member Kelly for award of bid for Braemar
Golf Course Clubhouse remodeling to recommended low bidder, Ebert Construction, Inc., at
$364,000.00.
"BID AWARDED FOR CLUBHOUSE REMODELING PROTECT - BRAEMAR GOLF COURSE
Motion carried on rollcall vote - five ayes. I
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"BID AWARD CONTINUED TO SEPTEMBER 19, 2001, FOR TRAFFIC SIGNALS AND
MISCELLANEOUS CONSTRUCTION AT WEST 76TH STREET AND WEST 7FH STREET Motion
made by Member Masica and seconded by Member Kelly to continue the bid award to September
19, 2001, for Contract No. 01-2 (Engineering), traffic signals and miscellaneous construction for
West 76th Street and York Avenue South (CSAH 31); West 77th Street and Computer Avenue, West
77th Street and Parklawn Avenue, and West 76th Street and Edinborough Way.
Motion carried on rollcall vote - five ayes.
"BID AWARDED FOR 4 X 4 3/4 TON PICK-UP FOR PUBLIC WORKS Motion made by Member
Masica and seconded by Member Kelly for award of bid for one 4 x 4 3/4 ton pickup for public
works to sole bidder Nelson GMC under State of MN Contract #425995 at $26,486.54.
Motion carried on rollcall vote - five ayes.
"BID AWARDED FOR TRUCK LIFT HOIST FOR PUBLIC WORKS BUILDING Motion made by
Member Masica and seconded by Member Kelly for award of bid for a truck lift hoist for the
public works building to recommended low bidder, West Side Equipment, at $21,930.00.
Motion carried on rollcall vote - five ayes.
CAPITAL IMPROVEMENT PLAN APPROVED Mr. Hughes reminded the Council that at their
work session on July 31, 2001, they reviewed a draft five-year Capital Improvement Plan. The plan
was then referred to the Park Board, which subsequently approved the plan for General Parks as well
as the Aquatic Center. The Park Board recommended some minor modifications to the General Park
Improvements program that have been incorporated within the plan. Mr. Hughes offered staff's
recommendation that the Council approve the five-year plan. Mr. Hughes noted that this plan would
be reviewed annually and updated.
Member Kelly gave whole-hearted support to the plan.
Member Hovland asked if the bandy rink at Lewis Park should be changed into some other use.
Director Keprios replied the plan would be to convert the bandy field into a soccer field.
Member Housh asked when renovation would begin at the Aquatic Center. Mr. Keprios answered
this fall construction would begin.
Member Kelly made a motion approving the proposed five-year Capital Improvement Plan as
presented. Member Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION NO. 2001-59 APPROVED, A RESOLUTION ALLOWING THE EDINA
COMMUNITY FOUNDATION TO AMEND THEIR ARTICLES OF INCORPORATION AND
SCHOOLS Mr. Hughes said the Board of Directors of the Edina Community Foundation requested
the Council and the Board of Education permit the Foundation to amend its Articles of Incorporation
and by-laws allowing it to operate independently of the City and the Edina Public Schools. The
Foundation Board concluded that this change would allow the Foundation to better serve the needs
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BY-LAWS TO OPERATE INDEPENDENTLY OF THE CITY OF EDINA AND EDINA PUBLIC
Minutes/Edha Ciiy CounciVSeptember 4,2001
of the residents of the comunity. Mr. Hughes added the proposed resolution would provide the
Council's authorization for the Foundation to proceed with amendments to Articles and by-laws. He
noted the Board of Education had previously approved the request.
Following a Council discussion, Member Hovland made a motion approving the following
resolution:
RESOLUTION NO. 2001-59
A RESOLUTION
ALLOWING THE EDINA COMMUNITY FOUNDATION
TO AMEND THEIR ARTICLES OF INCORPORATION AND
THE CITY OF EDINA AND EDINA PUBLIC SCHOOLS
BY-LAWS TO OPERATE INDEPENDENTLY OF
WHEREAS, the Edina Community Foundation was established in 1977 for civic, charitable,
and educational purposes, and
WHEREAS, the Edina Community Foundation has operated exclusively for the welfare and
benefit of the City of Edina and the Edina Public Schools, and
WHEREAS, the Edina Community Foundation is governed by a board of directors, the
members of which are appointed by the City Council and the Board of Education, and
WHEREAS, the Board of Directors of the Edina Community Foundation has concluded that
the Foundation would better serve the needs of the residents of the community if it operated
independently of the City Council and the Board of Education.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Edina hereby
consents to the amendment of the Articles of Incorporation and the by-laws of the Edina
Community Foundation to permit said foundation to operate independently of the City of Edina
and the Edina Public Schools in all matters including the appointment of individuals to the Board
of Directors.
Member Masica seconded the motion.
I ADOITED this 4th day of September 2001.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
PUBLIC HEARING HELD; LOCAL LAW ENFORCEMENT BLOCK GRANT APPROVED Mr.
Hughes explained the Bureau of Justice Assistance has approved the City's application for funding
under the Local Law Enforcement Block Grant (LLEBG) Program in the amount of $11,514.00. The
purpose of the LLEBG Program is to reduce crime and improve public safety. The proposed use for
the funds would be for educational materials and overtime costs at target areas showing high
incidents of theft from auto and a Problem Oriented Policing Team focuses on high volume call areas.
Edina's Police Department would focus on vehicle theft.
A Community Advisory Board reviewed and endorsed the proposed use of the funds at a meeting on
August 27,2001.
No public comments were heard.
Motion of Member Housh seconded by Member Hovland closing the public hearing.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold I Motion carried.
Member Housh made a motion approving the disbursement of a Local Law Enforcement Block
Grant (LLEBG) OF $11,514.00 for the Edina Police Department. Member Hovland seconded the
motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
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MinutesEdina City CounciVSeptember 4,2001
Motion carried.
3.2 OFF-SALE LIQUOR LICENSE APPROVED FOR CUB FOODS Mr. Hughes explained on May
10, 2001, Diamond Lake 1994 LLC (Jerry's Foods) applied for an off-sale 3.2 beer license for its Cub
Foods business at 6775 York Avenue South. The Police Department completed their investigation
with no negative findings.
Following a brief Council discussion, Member Masica made a motion approving issuance of the off-
sale 3.2 beer license to Diamond Lake 1994 LLC (Jerry's Foods) for Cub Foods at 6775 York Avenue
South. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*RESOLUTION NO. 2001- 60 APPROVED - AGREEMENT WITH HENNEPIN COUNTY FOR
ASSESSING COMPUTERIZATION Member Masica introduced the following resolution
seconded by Member Kelly:
RESOLUTION NO. 2001-60
A RESOLUTION AUTHORIZING
EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY
FOR ACCESS BY THE CITY OF COMPUTERIZED DATA FILES
WHEREAS, Hennepin County has submitted an Agreement (Contract No. A 16251) to the
City of Edina requesting execution by the Mayor and City Manager allowing the City of Edina
access to the Hennepin County computerized data files.
NOW THEREFORE, the Edina City Council has authorized the Mayor and City Manager to
sign the Agreement and return a certified copy to Hennepin County.
Adopted this September 4,2001. I Motion carried on rollcall vote - five ayes.
RESOLUTION NO. 2001-58 SETTING MAXIMUM TAX LEVY Mr. Hughes said the proposed tax
levy of $15,990,256 if approved, would become the maximum allowed'levy and could not be
increased. The expenditure budget of $21,703,872 could be increased or decreased in the budget
process as long as the tax levy was not increased.
The special levy for debt service of the Housing and Redevelopment Authority Public Project
Revenue Bonds also becomes the maximum allowed levy for 2002 for the payment of the bonds for
the Police Station and City Hall projects. The HRA bonds would be expected to be issued by the end
of the year.
Following a brief Council discussion, Member Hovland introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2001-58
A RESOLUTION ADOPTING PROPOSED
BUDGET FOR THE CITY OF EDINA FOR YEAR 2002,
AND ESTABLISHING THE PROPOSED
TAX LEVY PAYABLE IN 2002
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS:
Section 1: The Budget for the City of Edina for calendar year 2002, is hereby proposed as
follows:
TOTAL GENERAL FUND $21,703,872
Section 2: Estimated receipts other than General Tax Levy, including HACA Aid, are
TOTAL ESTIMATED RECEIPTS $ 5,713,616
hereby proposed as follows:
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Minutesfidha City CounciVSeptember 4,2001
the City of Edina, a tax rate sufficient to produce the amount as follows:
Section 3. That there is proposed to be levied upon all taxable real and personal property in
FOR GENERAL FUND $15,990,256
Section 4. That there is proposed to be levied upon all taxable real and personal property in
FOR DEBT SERVICE OF THE HOUSING AND
REDEVELOPMENT AUTHORITY
I the City of Edina, a tax rate sufficient to produce the amount as follows:
PUBLIC PROJECT REVENUE BONDS $ 1,000,000
Approved this 4th day of September 2001.
Member Masica seconded the motion.
Rollcall.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
“CLAIMS PAID Member Masica made a motion and Member Kelly seconded the motion
approving payment of the following claims as shown in detail on the Check Register dated
August 22, 2001, and consisting of 46 pages: General Fund $263,286.13; Communications Fund
$838.45; Working Capital Fund $175,591.64; Construction Fund $46,114.84; Art Center Fund
$10,381.14; Aquatic Center Fund $4277.49; Golf Course Fund $9,468.53; Ice Arena Fund $1,799.58;
Edinborough/Centennial Lakes Fund $28,227,79; Liquor Fund $176,133.39; Utility Fund $48,594.77;
Storm Sewer Fund $16,144.14; HRA Fund $100,000.00; Payroll Fund $235,000.00; TOTAL
$1,116,157.89; and the following claims as shown in detd on the Check Register dated August 30,
2001, and consisting of 28 pages: General Fund $37,380.93; Communication Fund $32.74; Working
Capital Fund $17,477.51; Art Center Fund $6,737.48; Aquatic Center Fund $2340.98; Golf Course
Fund $8,061.41; Ice Arena Fund $2,118.24; Edinborough/Centennial Lakes $6,889.22; Liquor Fund
$113,858.32; Utility Fund $14,983.38; Storm Sewer Fund $9,901.60; HRA Fund $400,000.00; TOTAL:
$619,981.81.
Motion carried on rollcall vote - five ayes.
There being no further business on the CounciI Agenda, Mayor Maetzold declared the meeting
adjourned at 8:05 P.M.
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