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HomeMy WebLinkAbout2003-12-16 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 16,2003 7:00 P.M. ROLLCALL Answering rollcall were Members Housh,Hovland,Kelly,and Mayor Maetzold. 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,Kelly,Maetzold Motion carried. PRESENTATION OF TOTALLY TALENTS AND TUNES NATIONAL RECREATION AND PARKS ASSOCIATION AWARD Park Director Keprios explained the Nationalal Recreation and Parks Association recently awarded the prestigious Dorothy Mullen Award for the theatrical production "Totally Talents and Tunes'. He explained the production was offered through the Adaptive Recreation/Learning Exchange, a collaborative between the Cities and School Districts of Edina,Bloomington,Eden Prairie,and Richfield providing recreational and educational opportunities for people with disabilities. Mr. Keprios expressed his pride in Edina Recreation Supervisor, Susie Miller, who worked many hours with the participants in the collaborative to make "Totally Talents and Tunes" such an unqualified success. Mr. Keprios noted the production also received awards from ARC Minnesota, "Boggs/Mitchell Award, and the Minnesota Recreation and Park Association's Award of Excellence. Ms. Miller told the Council she thoroughly enjoyed the production of Totally Talents and Tunes,was thrilled to receive the Dorothy Mullen Award,and looked forward to the new production which will take place in 2005. *MINUTES OF THE REGULAR MEETING OF DECEMBER 2 2003 AND TRUTH IN TAXATION HEARING OF DECEMBER 1,2003, APPROVED Motion made by Member Hovland and seconded by Member Housh, approving the Minutes of the Regular Meeting of the Edina City Council for December 2,2003,and Truth in Taxation Hearing of December 1,2003. Motion carried on rollcall vote-four ayes. *PUBLIC HEARING ON PRELIMINARY REZONING AND PRELIMINARY PLAT &ALLINGFORD PARTNERSHIP - 5101 WEST 70TH STREET) REFER TO PLANNING COMMISSION Motion made by Member Hovland and seconded by Member Housh,referring the preliminary rezoning and preliminary plat (Wallingford Partnership -5101 West 70th Street) to the Edina Planning Commission. Motion carried on rollcall vote-four ayes. ORDINANCE NO 2003-14 ADOPTED AMENDING EDINA CODE SECTION 1225 - TRANSPORTATION COMMISSION Mr. Hughes noted the Council at their December 2, 2003, meeting directed staff to prepare an amendment increasing the number of the Transportation Commission to eight members. He stated the amendment was prepared as requested. Following a brief discussion, Member Hovland made a motion granting first reading and waiving second reading for the following ordinance: ORDINANCE NO.2003-14 AN ORDINANCE AMENDING Page 1 Minutes/Edina City Council/December 16,2003 SECTION 1225 TRANSPORTATION COMMISSION THE CITY COUNCIL OF EDINA,MINNESOTA,ORDAINS: Section 1. Subsection 1225.02 subparagraph C of the City Code shall be amended to read as follows: C. Review the findings of the Local Traffic Task Force. Section 2. Subd.3 of Subsection 475.03 of the City Code shall be amended to read as follows: "1225.03 Membership. The Commission shall consist of eight members appointed by the Mayor with the consent of the majority of the Council. The Mayor shall endeavor to appoint members such that the Commission is reflective of the different geographic areas of the City. One member of the Commission shall also be a member of the Planning Commission. One member of the Commission may be a high school student. Members shall serve until a successor has been appointed. All members of the Commission shall be residents of the City and shall be appointed for a term of three years except any student member shall be appointed for a one year term. The Council may stagger the terms of the first Commission appointed. Upon termination of a member's term, that member's successor shall be appointed for the remainder of such term. Members of the Commission shall serve without compensation and may resign voluntarily or be removed by a majority vote of the Council pursuant to Section 180 of this Code. Commission members who discontinue legal residency in the City may be removed from office by the Mayor with the consent of a majority of the Council." Section 3. Effective Date: This Ordinance shall be in full force and effect upon passage and publication according to law. Adopted this 16th day of December 2003. First Reading: December 16,2003 Second Reading: Waived Published: December 25,2003 Attest Debra A.Mangen,City Clerk Dennis F. Maetzold,Mayor Member Kelly seconded the motion. Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Ordinance adopted. *AWARD OF BID FOR TEN 2004 GASOLINE GOLF CARS AND FIVE 2004 ELECTRIC GOLF CARS Motion made by Member Hovland and seconded by Member Housh for award of bid for ten 2004 gasoline golf cars and five 2004 electric golf cars to recommended low bidder, E-Z-Go Midwest at$47,775.00,plus 6.5%sales tax. Motion carried on rollcall vote-four ayes. *AWARD OF BID FOR ONE POLICE SQUAD CAR Motion made by Member Hovland and seconded by Member Housh for award of bid for one Ford Crown Victoria squad car to recommended bidder, Superior Ford, under State of Minnesota Cooperative Purchasing Contract #426133,at$20,876.00. Motion carried on rollcall vote-four ayes. *AWARD OF BID FOR DIGITAL PHOTO IMAGING SYSTEM - POLICE DEPARTMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for a digital Page 2 Minutes/Edina City Council/December 16, 2003 photo imaging system for the Police Department to recommended bidder, Dynamic Imaging Systems,Inc.,under State of Minnesota Cooperative Purchasing Contract#426982,at$20,231.91. Motion carried on rollcall vote-four ayes. 'AWARD OF BID FOR FOUR MOTOROLA ASTRO SPECTRA 800 MHz RADIO CONSOLETTES - POLICE DEPARTMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for four Motorola Astro Spectra 800 MHz Radio Consolettes to recommended bidder, Ancom,under Minnesota State Contract#421810 release 651,at$27,069.80. Motion carried on rollcall vote-four ayes. *AWARD OF BID FOR WELL NO 12 WELL REPAIR - MOTOR REPLACEMENT ELECTRICAL AND MECHANICAL REPLACEMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for Well No. 12 well repair,motor replacement, and electrical and mechanical replacement to recommended low bidder,Bergerson-Caswell, Inc. at$75,000.00. Motion carried on rollcall vote-four ayes. *RESOLUTION NO. 2003-86 APPROVING THE SAFE AND SOBER GRANT AWARD Motion made by Member Hovland and seconded by Member Housh adopting the following resolution authorizing the acceptance of a Safe and Sober Grant from the Minnesota Department of Public Safety: RESOLUTION NO.2003-86 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Whereas, the Edina Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Safe & Sober Challenge;and Whereas, under the provision of the Highway Safety Act (P. L. 89-563), the Minnesota Department of Public Safety has federal funding to promote traffic safety;and Whereas, the Minnesota Department of Public Safety had judged the Edina Police Department's efforts to decrease impaired driving and increase seat belt use to be exceptional, and wants to reward those efforts by providing additional funding for the department. Therefore, Be It Resolved, that the Edina Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from December 1,2003,to June 30,2004. Be It Further Resolved that the Chief of Police for the City of Edina is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Edina Police Department. Be It Further Resolved, that the Chief of Police is hereby authorized to be the fiscal agent and administer the grant on behalf of the Edina Police Department. Adopted this 16th day of December 2003. Motion carried on rollcall vote-four ayes. *APPROVAL OF 2004/2005 IAFF LOCAL 1275 FIRE CONTRACT Motion made by Member Hovland and seconded by Member Housh approving the two-year (January 1, 2004, to December 31, 2005) Labor Agreement Contract with Local 1275 of the International Association of Fire Fighters. Motion carried on rollcall vote-four ayes. *RESOLUTION NO 2003-87, AMENDMENT TO FLEXIBLE SPENDING ACCOUNT PLAN Member Hovland made a motion, seconded by Member Housh approving resolution no 2003-87 as follows: RESOLUTION NO. 2003-87 Page 3 Minutes/Edina City Council/December 16,2003 AMENDMENT TO CITY OF EDINA FLEXIBLE SPENDING ACCOUNT PLAN WHEREAS, the City of Edina provides employees with an opportunity to pay for certain employee welfare benefits on a pre-tax basis through the above mentioned Plan (the "Plan");and WHEREAS, the Employer considers it desirable and in the best interests of the Plan to make the following amendment as follows: • Effective November 1, 2003, the provisions of the Plan referencing the reimbursement procedures shall be amended to remove the following language: "Keep in mind that faxed claims receive priority over mailed claims. Faxed claims received Monday through Friday by 3:00 P.M., Central Time, will be audited and entered that same day." (if applicable to your current plan documents). • Effective January 1, 2004, the provisions of the Plan referencing the eligibility of certain health care expenses shall be amended to include over-the-counter drugs. This amendment to the Plan is intended to comply with Revenue Ruling 2003-102, issued September 3,2003. • Effective January 1, 2004, Acclaim Benefits will enact a reimbursement minimum. This minimum is subject to change at the discretion of the Plan and/or Acclaim Benefits. BE IT FURTHER RESOLVED, that appropriate officers of this Employer are hereby authorized and directed to execute and deliver all documents necessary for the proper implementation of the Amendment to the Plan to ensure that the Amendments are hereby approved and in effect by the above stated dates. Motion carried on rollcall vote-four ayes. *BRAEMAR GOLF COURSE HOSTING 2005 U.S.G.A. TUNIOR GOLF CHAMPIONSHIP Director Keprios informed the Council a letter dated October 24, 2003, has been received from Douglas Hoffmann, Minnesota Golf Association (MGA) Tournament Director, requesting the complimentary use of Braemar Golf Course for section al qualifying for the 2005 U.S. Junior Amateur Championship. This is a prestigious event and one that the City should be proud to host. Mr. Keprios explained in 2005, the National Junior United States Golf Association selection of a junior champion (under 19 years of age) needs to have a qualifying site from each state and Braemar has been asked to serve as the qualifying site. The event would mean a loss of revenue of approximately $1,500.00. The Park Board unanimously recommended that Braemar Golf Course host the 2005 National Junior United States Golf Association Tournament with a waiver of greens fees. No formal Council action was taken. DATE SET FOR VOLUNTEER RECOGNITION RECEPTION Mr. Hughes explained the Volunteer Recognition Reception had been held at Edinborough and was a well-attended event. He asked for a consensus of the Council of the potential dates for 2004's reception: Wednesday, April 21, Thursday, April 22, Tuesday, April 27, Wednesday, April 28 and Thursday, April 29. Council felt since they typically meet on Tuesday that would be the best date. Consensus was April 22, 2004 for the Volunteer Recognition Reception. Page 4 Minutes/Edina City Council/December 16,2003 '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 December 3, 2003, and consisting of 21 pages: General Fund $184,520.57; Working Capital Fund $1,418.13; Art Center Fund $920.05; Golf Dome Fund $37.35; Golf Course Fund $5,385.83; Ice Arena Fund $13,243.00; Edinborough/Centennial Lakes Fund $377.87; Liquor Fund $171,133.84; Utility Fund $18,500.94; Storm Sewer Fund $1,209.01; Recycling Fund $31,619.38; PSTF Fund $2,568.78; TOTAL $430,934.75; and for approval of payment of claims dated December 10, 2003, and consisting of 29 pages: General Fund $188,090.08; CDBG Fund $17,378.00; Communications Fund $161.93; Working Capital Fund $43,642.85; Art Center Fund $8,414.81; Golf Dome Fund $2,072.73; Aquatic Center Fund $394.19; Golf Course Fund $7,114.48; Ice Arena Fund $13,613.42; Edinborough/Centennial Lakes Fund $18,694.59; Liquor Fund $146,454.34; Utility Fund $8,402.12; Storm Sewer Fund$1,244.44;PSTF Fund$431,626.25; TOTAL$887,304.23. Motion carried on rollcall vote-four ayes. ORDINANCE NO. 2003-13 APPROVED - AMENDING CODE SECTION 185 INCREASING CERTAIN FEES Following a brief discussion, Member Kelly made a motion granting second reading to the 2004 Fees and Charges Ordinance No. 2003-13 as follows: ORDINANCE NO. 2003-13 THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The following described fees of Schedule A to Code Section 185 are amended to read as follows: SECTION SUBSEC. PURPOSE OF AMOUNT FEE/CHARGE 220 220.04 Machine or $20.00 Annually per establishment Amusement Device License 300 300.03 Subd 3 Dog License $15.00 Per non-neutered dog $10.00 Per neutered dog $10.00 Late Charge after March 1 421 421.07 Subd 3 Street Surface Repair $35.00 per sq ft under 10 sf $30.00 per sq ft from 10- 25 feet $25.00 per sq ft over 25 sq ft 450 450.27 Subd.4 Public or Semi-Public $450.00 per year for each enclosed pool Swimming Pool (partial or all of the year) License $240.00 per year for each outdoor pool 450 450.27 Subd 4 Public or semi-Public $135.00 per year for each bath or pool Whirlpool Bath or Therapeutic Swimming Pool License 460 460.06 Subd 1 Sign Variance Fee $175.00- Residential Property $300.00- Commercial Property 640 640.02 Licensing Allowing $100.00 per year Sale of Fireworks 716 716.02 Recycling Service Single Family-$6.00/quarter Double Bungalow-$6.00/quarter A is/Condos 2-8 units $5.25/ uarter 721 721.03 Food Establishment High Risk Food-$525.00 Medium Risk Food-$335.00 Low Risk Food-$95.00 Food Vehicle-$130.00 Page 5 Minutes dins Ci Counci ecember 16 2003 Additional Facility-$110.00 Pushcart-$190.00 Itinerant Food-$110.00 735 735.03 Lodging Establishment $2.00 per room Supervised Group Home $40.00 Boarding/Lodging House License $90.00 740 740.04 Multiple Dwelling Parking Garage- Ins ection Fee $70.00 per garage 745 740.04 Subd 2 Body Art Establishment License $250.00 820 820.01 Filing of Application $375.00 for Vacation of Street, Alley or Easement 850 850.04 Subd 4 Conditional Use $600.00 A.2 Permit(Change is to a flat fee per permit) 850 850.20 Subd 10 Certificate of $175.00 A ro riateness 900 900.07 Subd 1 Liquor License Fees (per year) -Off-Sale 3.2 Malt $545.00 Liquor(new) -Off-Sale 3.2 Malt $545.00 Liquor(renewal) -On-Sale 3.2 Malt $545.00 Liquor (new) -On-Sale 3.2 Malt $545.00 Liquor(renewal) -Temporary On- $70.00(per event) Sale 3.2%Malt Liquor 1020 1020 False Automatic $110.00 for 2nd thru 4th response within one Alarm calendar year $200.00 for 5th and subsequent false alarm within one calendar year 1105 1105.01 Subd 1 Service Availability $1,350.00 per SAC unit x number of SAC Charge (SAC) units computed as pursuant to Subsection 1105.01, Subd.1 of this Code 1230 1230.07 Temporary Liquor $300.00 per event License Special Permit 1300 1300.02 Subd 1 Refuse or Recycling $285.00 per year for 1st vehicle Hauler's License $90.00 per year for each additional vehicle 1325 1325.03 Tobacco Sale License $325.00 per location 1341 1341.05 Physical Culture & $260.00 Business License Health Service or Page 6 Minutes dina Ci Council/December 16 2003 Club, Reducing Club or Salon, Sauna Parlor,Massage Parlor or Escort Service License 1350 1350.06 Subd 1 Commercial $27.00 Manager Permit (still photography) Photography $110.00 Manager Permit(motion photography) $315.00 Council Permit 1400 1400.12 Truck Restrictive $20.00 Road Permit Section 2. The effective date of this Ordinance shall be January 1,2004. Adopted this 16th day of December 2003. First Reading: December 16,2003 Second Reading: Waived Published: December 25,2003 Attest Debra A. Mangen, City Clerk Dennis F. Maetzold,Mayor Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Maetzold Ordinance No. 2003-13 adopted. ORDINANCE NO. 2003-15 APPROVED - AMENDING CODE SECTION 185, INCREASING UTILITY FEES Mr. Hughes pointed out the Council had reviewed and approved the rate study previously which would direct rate increases for each of the new six years to ensure the stability of the Utility Fund and its ability to continue maintenance of the utility infrastructures. Member Kelly made a motion to grant First Reading and waive the Second Reading of Ordinance No. 2003-15 as follows: ORDINANCE NO. 2003-15 THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The following described fees of Schedule A to Code Section 185 are amended to read as follows: SECTION SUBSECTION PURPOSE OF AMOUNT FEE/CHARGE 1100 1100.03 Subd.2 Sewer Service: - Single Family, To and including 1600 cubic feet Town Houses, $33.44/quarter from 1601 cubic feet Two-Family and over$2.09/100 cubic feet Dwellings, Apartment Building with four or less dwelling units - Apartment $28.60 per quarter or$2.09 per 100 building with cubic feet more than four Page 7 Minutes dina Citv Council/December 16 2003 dwelling units - Commercial $35.50 per meter or$2.09 per 100 and industrial cubic feet buildings, including schools and churches 1100 1100.03 Subd 2 Water Service: 1.$0.77/100 cubic feet for areas of City,except areas described below: 2.$2.55/100 cubic feet for Morningside area and for east side of Beard Av.from W.54th St. to Fuller St.and both sides of Abbott Pl.from W.54th St.to Beard Av. 3. Excessive use charge$.26/100 cubic feet METER CHARGE: -Up to 3/4"$9.44/quarter -1"meter$12.85/quarter -11/4"meter$14.66/quarter -11/2"meter$16.49/quarter -2"meter$26.56/quarter -3"meter$100.85/quarter 4"meter$128.37/ uarter Flat Water Charge: -Storm Water Drainage $6.36/ uarter Section 2.The effective date of this Ordinance shall be January 1,2004. First Reading: December 16,2003 Second Reading: Waived Published: December 25,2003 Attest Debra A. Mangen,City Clerk Dennis F. Maetzold,Mayor Member Hovland seconded the motion Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Ordinance No.2003-15 adopted. RESOLUTION NO.2003-88 APPROVING 2004 BUDGET LEVY ADOPTION Mr. Hughes reviewed the steps taken by the Council in the 2004 Budget Process. Beginning in September the Council adopted a resolution setting the City's Maximum tax levy. On December 1, 2003, the Council held its Truth In Taxation hearing where citizens were able to give their comments and ask questions regarding the 2004 Budget. He noted adopting the proposed resolution was the final step in the 2004 Budget Process. Mayor Maetzold called for public comment. No one appeared. Member Hovland made a motion to close the 2004 Budget Hearing. Member Housh seconded the motion. Ayes: Housh,Hovland,Kelly,Maetzold Page 8 Minutes/Edina City Council/December 16,2003 Motion carried. Member Kelly made a motion introducing the following resolution and moving its adoption: RESOLUTION NO.2003-88 RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF EDINA FOR THE YEAR 2004,AND ESTABLISHING TAX LEVY FOR YEAR 2004, PAYABLE IN 2004 THE CITY COUNCIL OF THE CITY OF EDINA MINNESOTA DOES RESOLVE AS FOLLOWS: Section 1: The Budget for the City of Edina for the calendar year 2004 is hereby adopted as after this set forth, and funds are hereby appropriated therefore: GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 78,259 Administration 935,140 Planning 376,349 Finance 566,910 Election 122,585 Assessing 709,538 Legal and Court Services 408,000 TOTAL GENERAL GOVERNMENT $ 3,196,781 PUBLIC WORKS Administration $ 172,458 Engineering 705,145 Streets 3,750,702 TOTAL PUBLIC WORKS $ 4,628,305 PROTECTION OF PERSONS AND PROPERTY Police $ 6,384,666 Civilian Defense 45,109 Animal control 71,603 Fire 3,674,611 Public Health 420,052 Inspections 666,845 TOTAL PROTECTION OF PERSONS/PROPERTY $ 11,262,886 PARK DEPARTMENT Administration $ 633,439 Recreation 340,328 Maintenance 2,027,108 TOTAL PARK DEPARTMENT $ 3,000,875 NON-DEPARTMENTAL EXPENDITURES Contingencies $ 119,431 Special Assessments/City Property 27,000 Capital Plan Appropriation 50,000 Employee Programs 126,724 Commissions/Special Projects 197,153 TOTAL NON-DEPARTMENTAL EXPENDITURES $ 520,308 TOTAL GENERAL FUND $ 22,609,155 DEBT SERVICE -HRA PUBLIC PROJECT BONDS $ 1,028,837 DEBT SERVICE OF EQUIPMENT CERTIFICATES $ 604,275 Page 9 Minutes/Edina City Council/December 16, 2003 TOTAL EXPENDITURES $ 24,242,267 Section 2. Estimated receipts other than the General Tax Levy are proposed as hereinafter set forth: GENERAL FUND MVHC/Abatements $ (613,756) Licenses and Permits 2,004,695 Municipal Court Funds 900,000 Department Service Charges 1,984,573 Other 291,400 Transfer from Liquor fund 666,500 Income on Investments 100,000 Aid-Other Agencies 486,614 Police Aid 300,000 TOTAL ESTIMATED RECEIPTS $ 6,120,026 Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina a tax rate sufficient to produce the amounts hereinafter set forth: GENERAL FUND $ 16,489,129 LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS $ 1,028,837 LEVY FOR PAYMENT OF EQUIPMENT CERTIFICATE $ 604,275 TOTAL LEVY $ 18,122,241 Passed and adopted by the City Council on December 16,2003. Section 4. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount below for the debt levy of the market value based referendum levy and canceling the portion of the levy not required to produce the following amount: GO PARK AND RECREATION BONDS SERIES 1996B $ 686,662 Adopted this 16th day of December 2003.Member Housh seconded the motion. Rollcall: Ayes: Housh,Hovland, Kelly,Maetzold Motion carried. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 7:30 P.M. City)I Clerk Page 10 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 16,2003 7:00 P.M. ROLLCALL Answering rollcall were Members Housh,Hovland, Kelly, and Mayor Maetzold. 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,Kelly, Maetzold Motion carried. PRESENTATION OF TOTALLY TALENTS AND TUNES NATIONAL RECREATION AND PARKS ASSOCIATION AWARD Park Director Keprios explained the Nationalal Recreation and Parks Association recently awarded the prestigious Dorothy Mullen Award for the theatrical production "Totally Talents and Tunes'. He explained the production was offered through the Adaptive Recreation/Learning Exchange, a collaborative between the Cities and School Districts of Edina, Bloomington, Eden Prairie, and Richfield providing recreational and educational opportunities for people with disabilities. Mr. Keprios expressed his pride in Edina Recreation Supervisor, Susie Miller, who worked many hours with the participants in the collaborative to make "Totally Talents and Tunes' such an unqualified success. Mr. Keprios noted the production also received awards from ARC Minnesota, "Boggs/Mitchell Award, and the Minnesota Recreation and Park Association's Award of Excellence. Ms. Miller told the Council she thoroughly enjoyed the production of Totally Talents and Tunes,was thrilled to receive the Dorothy Mullen Award,and looked forward to the new production which will take place in 2005. *MINUTES OF THE REGULAR MEETING OF DECEMBER 2 2003 AND TRUTH IN TAXATION HEARING OF DECEMBER 1 2003, APPROVED Motion made by Member Hovland and seconded by Member Housh, approving the Minutes of the Regular Meeting of the Edina City Council for December 2,2003,and Truth in Taxation Hearing of December 1,2003. Motion carried on rollcall vote-four ayes. *PUBLIC HEARING ON PRELIMINARY REZONING AND PRELIMINARY PLAT (WALLINGFORD PARTNERSHIP - 5101 WEST 70TH STREET) REFER TO PLANNING COMMISSION Motion made by Member Hovland and seconded by Member Housh,referring the preliminary rezoning and preliminary plat (Wallingford Partnership - 5101 West 701h Street) to the Edina Planning Commission. Motion carried on rollcall vote-four ayes. ORDINANCE NO 2003-14, ADOPTED, AMENDING EDINA CODE SECTION 1225 - TRANSPORTATION COMMISSION Mr. Hughes noted the Council at their December 2, 2003, meeting directed staff to prepare an amendment increasing the number of the Transportation Commission to eight members. He stated the amendment was prepared as requested. Following a brief discussion, Member Hovland made a motion granting first reading and waiving second reading for the following ordinance: ORDINANCE NO.2003-14 AN ORDINANCE AMENDING Page 1 Minutes/Edina City Council/December 16,2003 SECTION 1225 TRANSPORTATION COMMISSION THE CITY COUNCIL OF EDINA,MINNESOTA,ORDAINS: Section 1. Subsection 1225.02 subparagraph C of the City Code shall be amended to read as follows: C. Review the findings of the Local Traffic Task Force. Section 2. Subd.3 of Subsection 475.03 of the City Code shall be amended to read as follows: "1225.03 Membership. The Commission shall consist of eight members appointed by the Mayor with the consent of the majority of the Council. The Mayor shall endeavor to appoint members such that the Commission is reflective of the different geographic areas of the City. One member of the Commission shall also be a member of the Planning Commission. One member of the Commission may be a high school student. Members shall serve until a successor has been appointed. All members of the Commission shall be residents of the City and shall be appointed for a term of three years except any student member shall be appointed for a one year term. The Council may stagger the terms of the first Commission appointed. Upon termination of a member's term, that member's successor shall be appointed for the remainder of such term. Members of the Commission shall serve without compensation and may resign voluntarily or be removed by a majority vote of the Council pursuant to Section 180 of this Code. Commission members who discontinue legal residency in the City may be removed from office by the Mayor with the consent of a majority of the Council." Section 3. Effective Date: This Ordinance shall be in full force and effect upon passage and publication according to law. Adopted this 16th day of December 2003. First Reading: December 16,2003 Second Reading: Waived Published: December 25,2003 Attest Debra A.Mangen,City Clerk Dennis F.Maetzold,Mayor Member Kelly seconded the motion. Rollcall: Ayes: Housh,Hovland, Kelly,Maetzold Ordinance adopted. *AWARD OF BID FOR TEN 2004 GASOLINE GOLF CARS AND FIVE 2004 ELECTRIC GOLF CARS Motion made by Member Hovland and seconded by Member Housh for award of bid for ten 2004 gasoline golf cars and five 2004 electric golf cars to recommended low bidder, E-Z-Go Midwest at$47,775.00,plus 6.5%sales tax. Motion carried on rollcall vote-four ayes. *AWARD OF BID FOR ONE POLICE SQUAD CAR Motion made by Member Hovland and seconded by Member Housh for award of bid for one Ford Crown Victoria squad car to recommended bidder, Superior Ford, under State of Minnesota Cooperative Purchasing Contract #426133,at$20,876.00. Motion carried on rollcall vote-four ayes. *AWARD OF BID FOR DIGITAL PHOTO IMAGING SYSTEM - POLICE DEPARTMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for a digital Page 2 Minutes/Edina City Council/December 16, 2003 photo imaging system for the Police Department to recommended bidder, Dynamic Imaging Systems, Inc.,under State of Minnesota Cooperative Purchasing Contract #426982,at$20,231.91. Motion carried on rollcall vote-four ayes. *AWARD OF BID FOR FOUR MOTOROLA ASTRO SPECTRA 800 MHz RADIO CONSOLETTES - POLICE DEPARTMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for four Motorola Astro Spectra 800 MHz Radio Consolettes to recommended bidder,Ancom,under Minnesota State Contract #421810 release 651,at$27,069.80. Motion carried on rollcall vote-four ayes. *AWARD OF BID FOR WELL NO 12 WELL REPAIR - MOTOR REPLACEMENT ELECTRICAL AND MECHANICAL REPLACEMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for Well No. 12 well repair,motor replacement, and electrical and mechanical replacement to recommended low bidder, Bergerson-Caswell, Inc. at$75,000.00. Motion carried on rollcall vote-four ayes. *RESOLUTION NO. 2003-86, APPROVING THE SAFE AND SOBER GRANT AWARD Motion made by Member Hovland and seconded by Member Housh adopting the following resolution authorizing the acceptance of a Safe and Sober Grant from the Minnesota Department of Public Safety: RESOLUTION NO. 2003-86 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Whereas, the Edina Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Safe & Sober Challenge; and Whereas, under the provision of the Highway Safety Act (P. L. 89-563), the Minnesota Department of Public Safety has federal funding to promote traffic safety;and Whereas, the Minnesota Department of Public Safety had judged the Edina Police Department's efforts to decrease impaired driving and increase seat belt use to be exceptional, and wants to reward those efforts by providing additional funding for the department. Therefore, Be It Resolved, that the Edina Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from December 1,2003,to June 30,2004. Be It Further Resolved that the Chief of Police for the City of Edina is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Edina Police Department. Be It Further Resolved, that the Chief of Police is hereby authorized to be the fiscal agent and administer the grant on behalf of the Edina Police Department. Adopted this 16th day of December 2003. Motion carried on rollcall vote-four ayes. *APPROVAL OF 2004/2005 IAFF LOCAL 1275 FIRE CONTRACT Motion made by Member Hovland and seconded by Member Housh approving the two-year (January 1, 2004, to December 31, 2005) Labor Agreement Contract with Local 1275 of the International Association of Fire Fighters. Motion carried on rollcall vote-four ayes. *RESOLUTION NO 2003-87 AMENDMENT TO FLEXIBLE SPENDING ACCOUNT PLAN Member Hovland made a motion, seconded by Member Housh approving resolution no 2003-87 as follows: RESOLUTION NO. 2003-87 Page 3 Minutes/Edina City Council/December 16,2003 AMENDMENT TO CITY OF EDINA FLEXIBLE SPENDING ACCOUNT PLAN WHEREAS, the City of Edina provides employees with an opportunity to pay for certain employee welfare benefits on a pre-tax basis through the above mentioned Plan (the "Plan");and WHEREAS, the Employer considers it desirable and in the best interests of the Plan to make the following amendment as follows: • Effective November 1, 2003, the provisions of the Plan referencing the reimbursement procedures shall be amended to remove the following language: "Keep in mind that faxed claims receive priority over mailed claims. Faxed claims received Monday through Friday by 3:00 P.M., Central Time, will be audited and entered that same day." (if applicable to your current plan documents). • Effective January 1, 2004, the provisions of the Plan referencing the eligibility of certain health care expenses shall be amended to include over-the-counter drugs. This amendment to the Plan is intended to comply with Revenue Ruling 2003-102, issued September 3,2003. • Effective January 1, 2004, Acclaim Benefits will enact a reimbursement minimum. This minimum is subject to change at the discretion of the Plan and/or Acclaim Benefits. BE IT FURTHER RESOLVED, that appropriate officers of this Employer are hereby authorized and directed to execute and deliver all documents necessary for the proper implementation of the Amendment to the Plan to ensure that the Amendments are hereby approved and in effect by the above stated dates. Motion carried on rollcall vote-four ayes. *BRAEMAR GOLF COURSE HOSTING 2005 U.S.G.A. TUNIOR GOLF CHAMPIONSHIP Director Keprios informed the Council a letter dated October 24, 2003, has been received from Douglas Hoffmann, Minnesota Golf Association (MGA) Tournament Director, requesting the complimentary use of Braemar Golf Course for section al qualifying for the 2005 U.S.Junior Amateur Championship. This is a prestigious event and one that the City should be proud to host. Mr. Keprios explained in 2005, the National Junior United States Golf Association selection of a junior champion (under 19 years of age) needs to have a qualifying site from each state and Braemar has been asked to serve as the qualifying site. The event would mean a loss of revenue of approximately $1,500.00. The Park Board unanimously recommended that Braemar Golf Course host the 2005 National Junior United States Golf Association Tournament with a waiver of greens fees. No formal Council action was taken. DATE SET FOR VOLUNTEER RECOGNITION RECEPTION Mr. Hughes explained the Volunteer Recognition Reception had been held at Edinborough and was a well-attended event. He asked for a consensus of the Council of the potential dates for 2004's reception: Wednesday, April 21, Thursday, April 22, Tuesday, April 27, Wednesday, April 28 and Thursday, April 29. Council felt since they typically meet on Tuesday that would be the best date. Consensus was April 22, 2004 for the Volunteer Recognition Reception. Page 4 Minutes/Edina City Council/December 16, 2003 *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 December 3, 2003, and consisting of 21 pages: General Fund $184,520.57; Working Capital Fund $1,418.13; Art Center Fund $920.05; Golf Dome Fund $37.35; Golf Course Fund $5,385.83; Ice Arena Fund $13,243.00; Edinborough/Centennial Lakes Fund $377.87; Liquor Fund $171,133.84; Utility Fund $18,500.94; Storm Sewer Fund $1,209.01; Recycling Fund $31,619.38; PSTF Fund $2,568.78; TOTAL $430,934.75; and for approval of payment of claims dated December 10, 2003, and consisting of 29 pages: General Fund $188,090.08; CDBG Fund $17,378.00; Communications Fund $161.93; Working Capital Fund $43,642.85; Art Center Fund $8,414.81; Golf Dome Fund $2,072.73; Aquatic Center Fund $394.19; Golf Course Fund $7,114.48; Ice Arena Fund $13,613.42; Edinborough/Centennial Lakes Fund $18,694.59; Liquor Fund $146,454.34; Utility Fund $8,402.12; Storm Sewer Fund$1,244.44;PSTF Fund$431,626.25; TOTAL$887,304.23. Motion carried on rollcall vote-four ayes. ORDINANCE NO. 2003-13 APPROVED - AMENDING CODE SECTION 185, INCREASING CERTAIN FEES Following a brief discussion, Member Kelly made a motion granting second reading to the 2004 Fees and Charges Ordinance No. 2003-13 as follows: ORDINANCE NO. 2003-13 THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The following described fees of Schedule A to Code Section 185 are amended to read as follows: SECTION SUBSEC. PURPOSE OF AMOUNT FEE/CHARGE 220 220.04 Machine or $20.00 Annually per establishment Amusement Device License 300 300.03 Subd 3 Dog License $15.00 Per non-neutered dog $10.00 Per neutered dog $10.00 Late Charge after March 1 421 421.07 Subd 3 Street Surface Repair $35.00 per sq ft under 10 sf $30.00 per sq ft from 10-25 feet $25.00 per sq ft over 25 sq ft 450 450.27 Subd.4 Public or Semi-Public $450.00 per year for each enclosed pool Swimming Pool (partial or all of the year) License $240.00 er year for each outdoor pool 450 450.27 Subd 4 Public or semi-Public $135.00 per year for each bath or pool Whirlpool Bath or Therapeutic Swimming Pool License 460 460.06 Subd 1 Sign Variance Fee $175.00- Residential Property $300.00- Commercial Property 640 640.02 Licensing Allowing $100.00 per year Sale of Fireworks 716 716.02 Recycling Service Single Family-$6.00/quarter Double Bungalow-$6.00/quarter A is/Condos 2-8 units $5.25/ uarter 721 721.03 Food Establishment High Risk Food-$525.00 Medium Risk Food-$335.00 Low Risk Food-$95.00 Food Vehicle-$130.00 Page 5 Minutes dins Ci Counci ecember 16 2003 Additional Facility-$110.00 Pushcart-$190.00 Itinerant Food-$110.00 735 735.03 Lodging Establishment $2.00 per room Supervised Group Home $40.00 Boarding(Lodging House License $90.00 740 740.04 Multiple Dwelling Parking Garage- Ins ection Fee $70.00 per garage 745 740.04 Subd 2 Body Art Establishment License $250.00 820 820.01 Filing of Application $375.00 for Vacation of Street, Alley or Easement 850 850.04 Subd 4 Conditional Use $600.00 A.2 Permit(Change is to a flat fee per permit) 850 850.20 Subd 10 Certificate of $175.00 Appropriateness 900 900.07 Subd 1 Liquor License Fees (per year) -Off-Sale 3.2 Malt $545.00 Liquor(new) -Off-Sale 3.2 Malt $545.00 Liquor(renewal) -On-Sale 3.2 Malt $545.00 Liquor(new) -On-Sale 3.2 Malt $545.00 Liquor(renewal) -Temporary On- $70.00(per event) Sale 3.2%Malt Liquor 1020 1020 False Automatic $110.00 for 2nd thru 4th response within one Alarm calendar year $200.00 for 5th and subsequent false alarm within one calendar year 1105 1105.01 Subd 1 Service Availability $1,350.00 per SAC unit x number of SAC Charge (SAC) units computed as pursuant to Subsection 1105.01,Subd.1 of this Code 1230 1230.07 Temporary Liquor $300.00 per event License Special Permit 1300 1300.02 Subd 1 Refuse or Recycling $285.00 per year for 1st vehicle Hauler's License $90.00 per year for each additional vehicle 1325 1325.03 Tobacco Sale License $325.00 per location 1341 1341.05 Physical Culture & $260.00 Business License Health Service or Page 6 Minutes/Edina City Council/December 16 2003 Club, Reducing Club or Salon, Sauna Parlor,Massage Parlor or Escort Service License 1350 1350.06 Subd 1 Commercial $27.00 Manager Permit (still photography) Photography $110.00 Manager Permit(motion photography) $315.00 Council Permit 1400 1400.12 Truck Restrictive $20.00 Road Permit Section 2. The effective date of this Ordinance shall be January 1,2004. Adopted this 16th day of December 2003. First Reading: December 16,2003 Second Reading: Waived Published: December 25,2003 f. " 1 Attest Debra A. Man en,City-Clerk Dennis F. Maetzold,Mayor Member Housh seconded the motion. Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Ordinance No. 2003-13 adopted. ORDINANCE NO. 2003-15 APPROVED - AMENDING CODE SECTION 185 INCREASING UTILITY FEES Mr. Hughes pointed out the Council had reviewed and approved the rate study previously which would direct rate increases for each of the new six years to ensure the stability of the Utility Fund and its ability to continue maintenance of the utility infrastructures. Member Kelly made a motion to grant First Reading and waive the Second Reading of Ordinance No.2003-15 as follows: ORDINANCE NO. 2003-15 THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The following described fees of Schedule A to Code Section 185 are amended to read as follows: SECTION SUBSECTION PURPOSE OF AMOUNT FEF/CHARGE 1100 1100.03 Subd.2 Sewer Service: - Single Family, To and including 1600 cubic feet Town Houses, $33.44/quarter from 1601 cubic feet Two-Family and over$2.09/100 cubic feet Dwellings, Apartment Building with four or less dwelling units - Apartment $28.60 per quarter or$2.09 per 100 building with cubic feet more than four Page 7 Minutes dina City Council/December 16 2003 dwelling units - Commercial $35.50 per meter or$2.09 per 100 and industrial cubic feet buildings, including schools and churches 1100 1100.03 Subd 2 Water Service: 1.$0.77/100 cubic feet for areas of City,except areas described below: 2.$2.55/100 cubic feet for Morningside area and for east side of Beard Av.from W.54th St. to Fuller St. and both sides of Abbott Pl.from W.54th St.to Beard Av. 3.Excessive use charge$.26/100 cubic feet METER CHARGE: -Up to 3/4"$9.44/quarter -1"meter$12.85/quarter -111/4"meter$14.66/quarter -11/2"meter$16.49/quarter -2"meter$26.56/quarter -3"meter$100.85/quarter -4"meter$128.37/ uarter Flat Water Charge: -Storm Water Drainage $6.36/ uarter Section 2.The effective date of this Ordinance shall be January 1,2004. First Reading: December 16,2003 Second Reading: Waived Published: December 25,2003 Attest " U AJOAA xa,,Vn) Debra A.Mangen, CitkXlerk Dennis F. Maetzold,Mayor Member Hovland seconded the motion Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Ordinance No.2003-15 adopted. RESOLUTION NO.2003-88 APPROVING 2004 BUDGET LEVY ADOPTION Mr. Hughes reviewed the steps taken by the Council in the 2004 Budget Process. Beginning in September the Council adopted a resolution setting the City's Maximum tax levy. On December 1, 2003, the Council held its Truth In Taxation hearing where citizens were able to give their comments and ask questions regarding the 2004 Budget. He noted adopting the proposed resolution was the final step in the 2004 Budget Process. Mayor Maetzold called for public comment. No one appeared. Member Hovland made a motion to close the 2004 Budget Hearing. Member Housh seconded the motion. Ayes: Housh,Hovland,Kelly,Maetzold Page 8 Minutes/Edina City Council/December 16,2003 Motion carried. Member Kelly made a motion introducing the following resolution and moving its adoption: RESOLUTION NO.2003-88 RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF EDINA FOR THE YEAR 2004, AND ESTABLISHING TAX LEVY FOR YEAR 2004, PAYABLE IN 2004 THE CITY COUNCIL OF THE CITY OF EDINA MINNESOTA DOES RESOLVE AS FOLLOWS: Section 1: The Budget for the City of Edina for the calendar year 2004 is hereby adopted as after this set forth, and funds are hereby appropriated therefore: GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 78,259 Administration 935,140 Planning 376,349 Finance 566,910 Election 122,585 Assessing 709,538 Legal and Court Services 408,000 TOTAL GENERAL GOVERNMENT $ 3,196,781 PUBLIC WORKS Administration $ 172,458 Engineering 705,145 Streets 3,750,702 TOTAL PUBLIC WORKS $ 4,628,305 PROTECTION OF PERSONS AND PROPERTY Police $ 6,384,666 Civilian Defense 45,109 Animal control 71,603 Fire 3,674,611 Public Health 420,052 Inspections 666,845 TOTAL PROTECTION OF PERSONS/PROPERTY $ 11,262,886 PARK DEPARTMENT Administration $ 633,439 Recreation 340,328 Maintenance 2,027,108 TOTAL PARK DEPARTMENT $ 3,000,875 NON-DEPARTMENTAL EXPENDITURES Contingencies $ 119,431 Special Assessments/City Property 27,000 Capital Plan Appropriation 50,000 Employee Programs 126,724 Commissions/Special Projects 197,153 TOTAL NON-DEPARTMENTAL EXPENDITURES $ 520,308 TOTAL GENERAL FUND $ 22,609,155 DEBT SERVICE -HRA PUBLIC PROJECT BONDS $ 1,028,837 DEBT SERVICE OF EQUIPMENT CERTIFICATES $ 604,275 Page 9 Minutes/Edina City Council/December 16, 2003 TOTAL EXPENDITURES $ 24,242,267 Section 2. Estimated receipts other than the General Tax Levy are proposed as hereinafter set forth: GENERAL FUND MVHC/Abatements $ (613,756) Licenses and Permits 2,004,695 Municipal Court Funds 900,000 Department Service Charges 1,984,573 Other 291,400 Transfer from Liquor fund 666,500 Income on Investments 100,000 Aid-Other Agencies 486,614 Police Aid 300,000 TOTAL ESTIMATED RECEIPTS $ 6,120,026 Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina a tax rate sufficient to produce the amounts hereinafter set forth: GENERAL FUND $ 16,489,129 LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS $ 1,028,837 LEVY FOR PAYMENT OF EQUIPMENT CERTIFICATE $ 604,275 TOTAL LEVY $ 18,122,241 Passed and adopted by the City Council on December 16,2003. Section 4. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount below for the debt levy of the market value based referendum levy and canceling the portion of the levy not required to produce the following amount: GO PARK AND RECREATION BONDS SERIES 1996B $ 686,662 Adopted this 16th day of December 2003.Member Housh seconded the motion. Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Motion carried. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 7:30 P.M. r C t Jerk Page 10