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HomeMy WebLinkAbout19860707_regular,112 .. -. I ' ,>- t. MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 7, 1986 Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor Courtney. TED PAULFRANZ GIVEN AIURD. Paulfranz, Assistant Fire Chief, with an award of merit from the Minnesota State Fire School for ten years of outstanding service as an instructor for the school. Mr. Buresh pointed out that Mr. Paulfranz is considered to be an expert in fire . ground command in the state and also in the region. Mr. Paulfranz is in charge of the Fire Prevention Bureau and has done an outstanding job in fire prevention and control. to Mr. Paulfranz and commended him for his excellent service to the City. Robert Buresh, Director of Public Safety, presented Ted Mr. Rosland added that I He presented a silver pen bearing the Edina logo Members of the Council joined in the commendation. LOT DIVISION GRANTED FOR 6515-17 GLEASON COURT. the request for a lot division of property at 6515-17 Gleason Court. wish to divide an existing double bungalow for which separate utility connections are provided. Bredesen introduced the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Planner Craig Larsen presented The proponents Staff would recommend approval. RESOLUTION No objections being heard, Member- Lot 11, Block 1, Gleason Court, and Parcel A: That part of Lot 11, Block 1, Gleason Court, City of Edina, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the north line of said Lot 11 distant 58.79 feet west of the north- east corner thereof to a point on the south line of said Lot 11 distant 62.22 feet west of the southeast corner thereof, and reserving easement of record, and Parcel B: That part of Lot 11, Block 1, Gleason Court, City of Edina, Eennepin County, Minnesota, lying easterly of a line drawn from a point on the nortkline of said Lot 11 distant 58.79 feet west of the north- east corner thereof to a point on the south line of said.Lot 11 distant 62.22 feet west of the southeast corner thereof, and reserving easements of record. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the. Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waiver for any other purpose or as to any other provision thereof, and 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. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. HEARING DATE'SET FOR VARIOUS PLANNING MATTERS. seconded by Member Bredesen setting July 21, 1986 as hearing date for the following planning matters: 1) Motion of Member Turner was Zoning Change - R-1 Single Dwelling Unit District to PRD-2 Planned Residence District - Robert Hansen - Generally located north of Crosstown Highway and ease and north of Vernon Court Final Development Plan - -5001-5125 Vernon Avenue South - Jerry's Shopping Center - PCD-2 - Generally located east of Vernon Avenue and north of Eden Avenue 2) Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. VACATION GRANTED FOR PORTION OF VIRGINIA AVEMTE. by Clerk, approved and ordered placed on file. Engineer Fran Hoffman presented the petition for vacation of a portion of Virginia Avenue recalling that at the meeting of June 16, 1986 the Council granted a lot division for property at 4720 West 66th Street. In connection with the petition for the lot division the proponent had also requested that the Council approve vacating part of the Virginia Avenue Affidavits of Notice were presented I I 7/7/86 173 right of way adjacent to that property whereby the westerly portion would revert to the proponent and the easterly portion would become park property. explained that since the construction of West Shore Drive the right of way for Virginia Avenue as platted is no longer needed for roadway purposes and staff would recommend approval of the vacation. presently the City has a 66 foot right of way for most of West 66th Street except that adjacent to the proponents property the right of way is short by 3 feet. In return for vacating the Virginia Avenue right of way the proponent has been asked to deed to the City the extra 3 feet on the West 66th Street side of his property. the full width right of way for West 66th Street. subject property is buildable whether the Virginia Avenue right of way is vacated or not vacated. No objection being heard. following resolution and moved its adoption, subject to the granting of an ease- ment for West 66th Street of the south 3 feet of Lot 5: Mr. Hoffman Planner Craig Larsen advised that The proponent has agreed to this proposal so that the City would have Mr. Larsen noted that the Member Bredesen introduced the RESOLUTION VACATING PORTION OF VIRGINIA AVENUE RIGHT OF WAY WHEREAS, a resolution of the City Council, adopted the 2nd day of June, 1986, fixed a date for a.public hearing on a proposed vacation of portion of Virginia Avenue right of way; WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 7th day of July, 1986, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street/easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such street right of way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of Virginia Avenue right of way be and is hereby vacated effective as of July 8, 1986: That part of Virginia Avenue as dedicated in the pfat of NORMANDALE, lying North of the easterly extension of the south line of Lot 5, Block 19, NORMANDALE, according to the recorded plat thereof, Hennepin County, Minnesota, lying south of the easterly extention of the north line of Lot 4, said Block 19 and lying southwesterly of the following described line: Commencing at the northeast corner of Lot 4, Block 1, NORMANDALE- WICKLUND REPLAT, according to the recorded plat thereof, Hennepin County, Minnesota; thence south along the east line of Lot 4, said Block 1, a distance of 20.65 feet, plus or minus, to the point of beginning of the line to be described at a point on said east line distant 69.35 feet north of the southeast corner of said Lot 4, said Block 1, thence southeasterly along a tangential curve to the left having a radius of 199.00 feet and a central angle of 45 degrees 00 minutes 00 seconds, a distance of 156.29 feet; thence southeasterly, tangent to said curve, a distance of 2.44 feet to the east-line of said Virginia Avenue, and said line there terminating. and that the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. RESIDENT VOICES CONCERN REGARDING FLOODING AT 23.CIRCLE WEST. Walter Hartman, 23 Circle West, stated his concern regarding the flooding from Minnehaha Creek that occured two weeks ago as a result of a dike breaking. 50 trees on his property are under water and that he feared they will not survive the flooding. pumping the water has gone down approximately 35 inches but he felt that if Edina had brought in some pumps at the onset the, problem could have been alleviated much sooner. to have helped with the pumping of the flood water. when the dike broke he immediately contacted Minneapolis and they had told him they were going to pump it down as part of the clean up as the dike is located on Minneapolis park property. He further stated that he had sent the City's . forester to examine the trees in the flooded area to determine what kind of He said that some He added that as a result of the Minneapolis Park Board's He stated that he felt it was the City's responsibility Mr. Hoffman explained that 7/7/86 trees they were and if they could withstand being in water. that they were the types that could stand in water for a period of time without dying. built projects along the creek and that trees of a similar type had stood in water for three to four weeks without any apparent damage. Mr. Hartman on the first day of the flooding that if Minneapolis had said they were not going to do anything that the City of Edina would consider taking some action to help alleviate the problem. three feet and on .checking today Minneapolis had a six inch line pumping water into the storm sewer where it would then go to a lift station which would pump it over the bank into the creek. Mr. Hoffman said that the City took the action that staff felt was appropriate by immediately contacting Dennis Ryan, Minneapolis Park Board Engineer, after Mr. Hartman had reported the flooding, and that'Mr. Ryan had assured staff they would go out and fix the dike and pump the water down. at the time was that the City of Minneapolis had the responsibility to Edina resi- dents to clean up the flooded area. Member Turner commented that in response to . calls from several neighbors she did view the flooding and that in speaking with staff the course of action sounded logical and appropriate. Mr. Rosland said he would ask the City forester to again check the trees on Mr. Hartman's property. Attorney Tom Erickson opined that the dike was on Minneapolis property and that when the water flooded property of Edina residents the City took action to urge Minneal polis to act as quicly as possible to get the water out and stood ready to act itself if necessary. responsible for the dike break, that the City is not liable to maintain it and under the circumstances the City took reasonable action. concerned about the flooding as she lives in the immediate area and in talking with staff had relied on their assurances that appropriate.and.reasonable action was being taken. viate the problem. there is imminent threat of flooding to a home the City sends a crew to sandbag the structure to prevent damage and then either by natural drainage through the storm sewer or by some pumping the water is returned to its natural boundaries even though it is on private property. The report came back lfr. Hoffman pointed out that at various times in the past the City had He confirmed that he had told. He also confirmed that the water has gone down I The City's opinion He added that is all that is required of the City, that it is not - -- Member Kelly said she had been She said that she felt Minneapolis could have worked more quickly to alle- Mr. Hoffman clarified that it is a department policy that if No formal action was taken by the Council. BID AWARDED FOR RESURFACING OF TENNIS COURTS. bids for resurfacing of tennis courts in Normandale, Todd, Utley and Walnut Ridge Parks, showing Deephaven'Court at $8,100.00, Gopher State Sealcoat at' $9,.723.00, Tennis West at $10,392.00, Carlson LaVine, Inc. at $10,819.00, Recreational Surfacers at $12,080.00, Action Courts, Inc. at $14,835.00 and I.C. Sports Association, Inc. at $14,857.00. Motion of Member Bredesen was seconded by Member Kelly for award of bid to recommended low bidder, Deephaven Court, at Mr. Rosland presented tabulation of I __ $8,100.00. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR MATERIALS FOR IRRIGATION SYSTEM FOR VAN VALKENBURG PARK. Mr. Rosland presegted tabulation of bids for materials for an irrigation system for Van Valk- enburg Park showing MTI Distributing Company at $9,899.85 and Northeran Irrigation Company at $11,868.25. award of bid to recommended low bidder, MTI Distributing Company, at $9,899.85. Motion of Member Turner was seconded by Member,Kelly for Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR INSTALLATION OF IRRIGATION SYSTEM FOR VAN VALKENBURG PARK. Bids were presented by Mr. Rosland for installation of an irrigation system in Van Valk- enburg Park showing Green Acres Sprinkler Company at $9,650.00 and Albrecht at $10,980.00. to recommended low bidder, Green Acres Sprinkler Company at $9,650.00. Motion of Member Turner was seconded by Member Kelly for award of bid Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR REMOVAL OF DISEASED ELM TREES AT VARIOUS LOCATIONS. Mr. Rosland presented tabulation of bids for removal of diseased elm trees on boulevards at various locations within the City advising that the City crews cannot keep up with. the number of trees that have become diseased and must be removed. Bids were Gorecki and Company at $8.90 per diameter inch and Arps Tree Service at $9.45 per diameter inch. award of bid to recommended low bidder, Gorecki and Company, at $8.90 per diameter inch. Motion of Member Kelly was seconded by Member Bredesen for Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. JOINT POWERS AGREEMENT WITH SHHSC APPROVED. current Board of Directors and Executive Director Larry Oppold of South Hennepin Human Services Council have recently revised the Joint Powers Agreement it holds Member Turner explained that the ' 7/7/86 175 m u-) I: m a with the cities of Richfield, Eden Prairie, Bloomington and Edina to correct some errors and to generally bring it up-to-date. the revised Joint Powers Agreement on June 25th and is requesting approval from the four cities. The original purpose of the agreement has remained intact. The majority of the changes are in three areas: 1) WHHSC is used in many places where formerly the work "Board" was used, 2) All four parties to the Joint Powers are now cities; originally two were villages, and 3) More inclusive language is used - he/she rather than he. that substantive changes occur in Article VI - Section 12 and in the addition of Section 14. Section 12 now reads: "It may conduct human service programs within the territory of the parties, provided that it first inform the council of each of the cities of the intent to provide such services. may be submitted to the parties in conjunction with the annual budget of the . organization or it may be submitted between budgets at any time." has been added as a statement of non-discrimination. Article VI1 - Section 6 is new, stating the fiscal year. revised Joint Powers Agreement. She then introduced Larry Oppold, Executive Director of SHHSC, who said he was pleased with the state of SHHSC when he became executive director and realized it was due to the Councils and citizens who have supported it the last 15 years. He pointed out that the Joint Powers Act and Agreement is a very useful tool and that it allows for maximum citizen. input. adoption : BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby approves the South Hennepin Human Services Council Joint and Cooperative Agreement as revised June 11, 1986, and as presented to the Council, and BE IT FURTHER RESOLVED that the Council hereby authorizes and directs its Mayor and Manager to execute the Agreement on behalf of the City. Motion for adoption of the resolution was seconded by Member Kelly. Member Richards said he did not support the proposed change that would permit the SHHSC to implement programs before getting Council approval. explained that each city has a Council Member on the SHHSC Board and that this has essentially been the practice for the past 15 years. Mayor Courtney then called the vote on the resolution. Rollcall : Ayes: Kelly, Turner, Courtney Nays: Bredesen, Richards Resolution adopted. The SHHSC Board approved Member Turner pointed out Any such programs Section 14 Member Turner recommended approval of the Member Turner then introduced the following resolution and moved its RE SOLUTION Member Turner REPORT GIVEN ON DOG ORDINANCE ENFORCEMENT. Mr. Rosland stated that in response to the Counci1's.questions at the last meeting on enforcement of the City's dog ordinance he had asked Curt Finch, Animal Control Officer, to give a report on the subject. Mr. Finch said that he and the Community Servke Officers (CSO's) feel they are enforcing the ordinance in a fair and reasonable manner using their judgement on first violations by warning the dog owner of the ordinance requirement. dogs, 57 for dogs running at large and 3 for license violations. six months of this year, 1707 contacts have been made, with 152 warnings, 136 impounds and 11 quarantines. walk the footpaths in the parks each day but feel they are not getting around the parks as much as they should as one-third of the CSO's time is spend on lockouts and other assigned duties. Regarding barking dogs, Mr. Finch said these are handled on a complaint basis and they try to ascertain the reason for the baking, such as outside stimulus and whether it can be remedied, or if the Of the 68 citations issued in the last year, 8 have been for barking Approximately He explained that with the aid of the CSO's they . barking is likely to continue-for an extended period of time, before an owner is . . issued a ticket. Mr. Finch pointed out that only one violation was issued last year for a pooper-scooper violation and none have been issued this year. that this provision in the ordinance was difficult to enforce as they would have to witness the violation. equipment to clean up feces. would have to issue more citations if people do not carry equipment, but even if they did there is no guarantee that they will use it. He felt that the City has a good ordinance regarding. dogs and that he would recommend no changes. was taken. He said Warnings are issued to dog owners who do not carry the In order to keep the parks cleaner, he said they No action I REPORT GIVEN ON WEED ORDINANCE. In response to the Council's discussion on the City's weed ordinance on June 16, 1986, Mr. Rosland said he had asked Gene Davis, Assistant Weed Inspector, to report on Edina's weed control program. Relevant facts concerning the program are as follows: 1) In 1985 the City received complaints concerning unmowed lawns at about 20 residences. Homeowners were pursuaded to take care of their property without the need for Cfty crews to mow; 2) In 1985 the City sent 132 notices requiring the removal of noxious weeds; 3) Seventy-eight noxious weed notices were ignored and the property was mowed by the City; 4) The City charges $75 per hour per tractor, with a minimum of $75, and the cost of mowing is assessed against the property. in the spring of each year he sends property owners who have been repeat violators Mr. Davis explained that 7/7/86 176 of the 12 inch property mowed This generally grass to be takes call to the property Richards asked if an height a letter asking that they cooperate and keep their in compliance with the ordinance during the growing season. care of the problem but if it does not he makes a phone owner or goes to see them to resolve the problem. ordinance amendment reducing the height limit would be more Member - practical from the standpoint of timing. Mr. Davis responded that when lawn __ grass becomes six or eight inches in height neighbors usually call to complain and he then begins his action with the property owner. need to reduce the height limit requirement. . usually presents a problem and in most cases the City has to go in and mow it and assess the cost against the property owner. With regard to mowing noxious weeks, Mr. Kojetin said that most of that work is done on evenings and Saturdays and involves overtime pay because the City's mowing crews cannot be pulled from daytime mowing of the parks. He noted that vacant lots are hard on equipment as they are full of bumps, rocks, bottles and cans. mendation not to change the height limit of grasses the Council took no action. Therefore, he saw no He noted that vacant property Following Mr. Davis' recorn--, SUMMARY GIVEN ON 1-494 TASK FORCE MEETING. Member Turner reported on the last meeting of the 1-494 Project Management Team stating that it was simply a tour of the 1-494 study area. of development that she did not know existed in Eden Prairie and Minnetonka adjacent to 1-494 which has had and will have an increasing impact on Edina. Member Richards commented that the Council needs to continue to speak out on the impact such development has on the City of Edina. she would keep the Council informed every step of the way so that they would have a chance collectively to decide what the Council's action should be. She said that she observed a lot in terms of intensity Member Turner said that COUNCIL KEMJ3ER TO BE ABSENT FOR AUGUST 11MEETING. Member Turner said she would be absent from the regular meeting of the Council on August 11, 1986. GEESE PROBLEM REPORTED. Member Turner advised that she has been getting calls from residents about the geese on a pond bordered by Blake Road, South Knoll Drive and Knoll Drive. She said that in talking with Gordon Hughes, Assistant City Manager, he stated that there is a long range plan that the City may be considering in terms of controlling geese and that in the meantime residents can be advised that about the only action they can take is to harrass the geese with garden hoses to discourage their collecting in the area. that the Department of Natural Resources has developed a brochure to discourage people from feeding the geese and that these have been passed out to residents. I- Mr. Rosland noted LEGISLATION DISCUSSED EXEMPTING BOTTLED AND CANNED SOFT DRINK VENDING MACHINES FROM LICENSE AND INSPECTION FEES. Member Turner noted that during the 1986 Minnesota Legislative Session a bill was signed into law which exempts bottled and canned soft drink vending machines from license and inspection fees. She asked what effect this would have on the City. Mr. Rosland replied that this will cost the City about $7,000 in lost revenue as the license and inspection process was comparatively easy. longer license or inspect these vending machines. He explained that the City staff would no No action was taken. CITY STAFF COMMENDED AND THANKED PUBLICLY FOR THEIR HARD WORK. Mr. Rosland stated that following the complimentary report of the Management Audit Committee with regard to staff and the results of the recent survey as to programs and services of the City, he wished to publicly commend and thank all the employees for their conscientious and hard work for the City. added their appreciation and thanks to the City staff. The Council Members also HEARING DATE SET FOR VACATION OF PORTION OF GORGAS AVENUE. Mr. Rosland advised that a petition has been received for vacation of a portion of Gorgas Avenue right of way and that staff would recommend a hearing date be set for August 4, 1986. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF GORGAS AVENUE RIGHT OF WAY BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, as follows: 1. street purposes should be considered for vacation, in accordance with the pro- visions of Minnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined that the following described easement for West 30 feet of Lot 1 Block 1,'South Harriet Park Second Addition and Commencing at the Northwest corner of Lot 2, thence Southeasterly to the Southwesterly corner, thence East 30 .feet, thence Northwesterly to a point 30 feet East from the Northwest corner of Lot 2, thence West to point of beginning, of Lot 2 Block 1 South Harriet Park, Second Addition. 177 I m a e 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR STREET PURPOSES This Council shall meet at the time and place specified in the form of notice IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on August 4, 1986, at 7:OO p.m. for the purpose of holding a public hearing on the proposed vacation of the following easement for street purposes: All persons who desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed street vacation affects the existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Kelly. (Legal description as included in paragraph 1. of this resolution) Marcella M. Daehn, City Clerk Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. RESOLUTION ADOPTED REGARDING PETITION OF PROPERTY OWNERS ABUTTING MINNEHAHA CREEK. Engineer Fran Hoffman advised that a petition has been received from the property owners at 4609 and 4613 Cascade Lane asking the Council to petition the Minnehaha Creek Watershed District to study and advise from an engineering standpoint what and where the flooding problems are and what could be done to help stop the constant flooding problem. As recommended by Mr. Hoffman, Member.Bredesen introduced the following resolution and moved its adoption: RE SOLUTION WHEREAS, the property owners of 4609 and 4613 Cascade Lane abutting Minnehaha Creek have petitioned the Edina City Council requesting that the Council petition the Minnehaha Creek Watershed District to study and advise regarding the flooding problems on their properties; BE IT RESOLVED that the Edina City Council hereby petitions the Minnehaha Creek Watershed District Board to study and advise from an engineering standpoint the Cascade Lane area abutting Minnehaha Creek to identify and recommend possible solutions to the constant flooding which occurs in the aforementioned area. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. ORDINANCE NO. 1353-A2 (MASSAGE LICENSE) ADOPTED ON SECOND READING. Motion of 'Member Kelly was seconded by Member Turner for Second Reading and adoption of Ordinance No. 1353-A2 as follows: ORDINANCE NO. 1353-A2 AN AMENDMENT TO THE ORDINANCE LICENSING AND REGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS AND SALONS, MASSAGE PARLORS, AND ESCORT SERVICES, TO REDUCE THE BUSINESS LICENSE FEE, PROVIDE FOR PARTIAL REFUND OF INVESTIGATION FEES, LIMIT THE LOCATION OF MASSAGE PARLORS TO REGIONAL MEDICAL DISTRICTS, AND REMOVE RESTRICTIONS ON MALE-FEMALE AND FEMALE-MALE MASSAGES 178 THE CITY COUNCIL OF THE CITY OF EDINA, tlINNESOTA, ORDAINS: of Ordinance No. 1353 is hereby amended to change the fee for a business license from $3,000 to $200. of Ordinance No. 1353 is hereby amended to read as follows: tion for an infividual license, the applicant shall deposit $50 with the City of Edina for the investigation fee. At the time of each original application for a business license, the applicant shall deposit $1,500 for the investigation fee. The cost of the investigation will be based on the expense involved, but in no event will it exceed $50 for an-individual applicant, or $1,500 for a business applicant. to the applicant. Section 8 of Ordinance No. 1353 is hereby amended by adding the following thereto: massage services, and if the location of the business premises described in the application for a business license is not within a Regional Medical District established pursuant to Ordinance No. 825 of the City of Edina." Paragraph (e) of Section 14 of Ordinance No. 1353 is hereby amended to read as follows : "(e) clothed. 'I Section 5. Sub-paragraph 10 of paragraph (a) of Section 4 of Ordinance No. 1353 is hereby amended by adding the following thereto: "In lieu of delivery of the financial statement, the applicant may deliver a certification by a certified public accountant, acceptable to the City Manager; that the annual gross revenue for the same period of time as is required for the financial statement of the business from massage services is less than 25% of its total annual gross revenue for such period of time, with each year considered separately. It and publication. Section 1. Reduction of Business License Fee. Paragraph (a) of Section 6 Section 2. Partial Refund of Investigation Fees. Paragraph (b) of Section 6 "(b) Investigation Fees and Deposit. At the time of each original applica- All deposit monies not expended on the investigation will be refunded Section 3. Limitation of Business Licenses to Regional Medical Districts. "(j) If the application is for a business license for the performance of Section 4. Removal of Restrictions on Male-Female and Female-Male Massages. Employees of all businesses licensed hereunder must remain and be fully Section 6. This Ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Nays : Richards Ordinance adopted. ATTEST : YZ& "lzlu- City Clerk CLAIMS PAID. the following claims as per pre-list of 7/7/86: Center $4,358.17, Capital Fund. $6,260.00, Swimming Pool Fund $3,324.28, Golf Course Fund $106,161.18, Recreation Center Fund $3,434.00, Gun Range Fund $61.60, Utility Fund $19,881.97, Liquor Dispensary Fund $5,792.29, Construction Fund $15,000.53, Total $650,354.92. There being no further business on the Council agenda, Mayor Courtney declared the meeting adjourned at 8:30 p.m. Motion of Member Kelly was seconded by Member Turner for payment of General Fund $486,080.90, Art I . I . -- City Clerk