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OF THE REGULAR MEETING OF TBE
EDINA CITP COulpCIL BELD AT CITY HLII;L
JANUARY 6, 1992
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R0LTXAI.L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSENT AGENDA ITEMS APPROVED
by Member Paulus to approve and adopt the Council Consent Agenda items as
presented with the exception of removal of Item 1I.A. - Report on Preliminary
Rezoning PCD-4 to PCD-2 Planned Commercial District - 5100 Vernon Avenue -
Walgreen's.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Hotion was made by Member Kelly and vas seconded
APP0I"T OF MAYOR PRO-TEH Mayor Richards made a motion to appoint Member
Kelly as Mayor Pro-Tem. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
BOY SCOUT TROOP #78 WELCOMED
No. 78 from Christ Presbyterian Church in Edina who are working on their
citizenship in the community merit badges.
Mayor Richards welcomed members of Boy Scout Troop
*MINUTES OF TEE REGULAR MEETING OF DECEMBER 2. 1991 APPROVE3 Motion vas made by
Member Kelly and was seconded by Member Paulus to approve the Council mutes of
the Regular Meeting of December 2, 1991.
Motion carried on rollcall vote - five ayes.
PETITION WIl'HDJUWN FOR REZONING FROM PCD-4 TO PCD-2 PIANNED COMMERCIAL DISTRICT
FOR 5100 VERNON AVENUE (WALGREEN'SZ Planner Larsen informed Council of
correspondence dated December 19, 1991, advising that Semper Holdings, Inc.
(Walgreen's) has decided against the purchase and simultaneous rezoning of 5100
Vernon Avenue South.
market research analysis.
operation of a service station should remain in effect.
Apparently this location did not meet the test of their
The present zoning classification allowing for the
In response to Member Rice's concern about costs incurred in the proposed
rezoning, Planner Larsen said the ordinance provides for the billing of legal
fees incurred outside of normal staff costs.
$600.00 would cover staff costs.
In this case the application fee of
Member Rice made a motion acknowledging the withdrawal of the petition for
rezoning from PCD-4 to PCD-2 Planned Commercial District for property at 5100
Vernon Avenue. Member Paulus seconded the motion.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*DEED TO FRANCE AV"OE RIGBT OF WAY ACCEPTED BY CITY Hotipn was made by Member
Kelly and was seconded by Member Paulus authorizing the City to accept the quit
claim deed conveying title to the France Avenue right of vay (approximately 25 by
33 feet) from Tires Plus at 5400 France Avenue South.
Motion carried on rollcall vote - five ayes.
*AWARD OF BID FOR FOUR WHEEL DRIVE MADER CONTnmTED TO 01/21/92 Motion was made
by Member Kelly and was seconded by Member Paulus to continue the award of bid
for a four wheel drive loader to January 21, 1992.
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Motion carried on rollcall vote - five ayes.
*AWm OF BID FOR USED HYDRBULIC ARTIcmLBTED GRADER CONTINUED TO 01/21/92 Motion
was made by Member Kelly and vas seconded by Hember Paulus to continue the award
of bid for a used hydraulic articulated grader to Jamrarg 21, 1992.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR EHELZGENCY REPAIR OF FLYGT SEWAGE PUMP
Kelly and was seconded by Member Paulus for award of bid for emergency repair of
flygt sewage pump for the 72nd Street lift station to sole bidder, Ualdor Pump
and Equipment, at $7,500.00.
Motion was made by Member
Motion carried on rollcall vote - five ayes.
AU!X!I! REPORT PRESENTED FOR THE ED= FOUNDATION
Member, presented The Edina Foundation's Audit Report dated June 30, 1991. He
observed that The Foundation has been in existence since 1977, and continues to
be a positive example of the City and School District working together toward a
common goal. Members are appointed by the City, School Board and from the
membership and once appointed work for the good of the entire organization.
Funds are raised by various methods, with the goal being to keep one-half in the
Endowment Fund.
totaling over $200,000.
auditing, etc.
or expenses.
James Van Valkenburg, Board
Since its inception the Foundation has supported projects
Management expense is for items such as printing,
No one on the Board receives compensation for either their time
In response to Mayor Richards, Mr. Van Valkenburg said the Endowment Fund
currently is at approximately $140,000 and the goal is to increase that by
donations from corporations or individuals to assure that the benefits continue
and are not dependent on some type of annual fund raising event.
has done some preliminary work as fund raising director.
commitments preclude his continuing in that function.
funded tangible items, the focus now has shifted to projects for social and human
services.
Foundation's Mission Statement.
Peter Meyers
However, other
While earlier projects
A process has been begun to redefine project criteria and also the
PUB?XC DANCE PERMIT FOR HOT ROXX MUSIC CAFE (5125 INDUSTRIAL BLVD) RIDEWE3
THROUGH 6/30/92
the application for renewal of the public dance permit for Arnold's Hot Roxx
Music Cafe, 5125 Industrial Boulevard.
renewed for six months (through June 30, 1992) as per the new public dance code
that will be coming out of the final codification of the City's ordinances.
Staff further recommends the permit be issued subject to all previous terms and
conditions except that item 1.d be changed to read: "Edina Police shall have the
authority to monitor the dances with either plain clothes officers or uniformed
officers to determine compliance with the terms and conditions of the permit."
Mayor Richards presented the staff recommendation relating to
Staff would recommend that the permit be
Mike Palm, applicant, said that since the no smoking and no hat rules have gone
into effect attendance has dropped significantly. The kids feel they are being
over-regulated which attributes to the drop in attendance.
would like discussion on the possibility of lifting the ban on smoking for those
of legal smoking age and wearing of hats.
Mr. Palm added he
Clerk Daehn interjected that Arnold's Hot Roxx Music Cafe has an outstanding
invoice in the amount of $726.25 for security provided by off duty Police
Officers.
by noon on January 7, 1992.
In response to Mayor Richards, Mr. Palm said the invoice would be paid
Council Comment/Actfon
Member Paulus noted that the invoice for police services listed both Young Life
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and Michael Palm.
just Michael Palm who has been the applicant for the permit.
Manager Rosland clarified that the invoice should have stated
Member Rice commented that he still feels the building at 5125 Industrial
Boulevard is not the right place to hold the dances and questioned the building
capacity of 265.
not appropriate and should be discouraged.
wearing of hats is a condition of the permit.
the permit renewal as recommended by staff.
Member Kelly commented that she had no problem with the wearing of hats, but felt
the no smoking ban should be upheld.
After personally attending two of the dances he felt smoking is
Further, he failed to see why the not
Member Rice said he would support
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Mayor Richards said he would support renewal of the permit based on the terms and
conditions of the current permit, with the modification of item 1.d as
recommended by staff.
Member Kelly made a motion to approve issuance of a public dance permit for Hot
Ron Music Cafe, 5125 Industrial Boulevard, for six months (through June 30,
1992) subject to the previous terms and conditions, except that item 1.d be
modified as presented and recommended by staff. Member Paulus seconded the
mot ion.
Mr. Palm said he would accept the no smoking condition, but voiced discouragement
and disappointment about the prohibition on hat wearing at the dances.
Member Paulus said she felt there is a safety factor involved in that hats could
be used to conceal drugs, alcohol, cigarettes, etc. She said if the kids want
the dances to continue compromise is necessary.
An unidentified scout from the audience offered that in the '90's a hat is a form
of expression, just as is a shirt or jacket with an athletic team logo. He
suggested hats be allowed, but be removed and checked at the entry door. He said
hat wearing should be a matter of choice.
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Finess Whittley commented that they do not want to parent the dance attendees.
He felt the business will be shut down because of unreasonable regulations for
dance participants.
skirmish at the dance on December 28, 1991.
Further, he felt that there was over reaction to the minor
Mayor Richards then called for vote on the motion.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
VACANCY REMAINS ON COMMlJl!7ITp HEALTH SERVICES ADVISORY COMMITTEE Mayor Richards
noted that he has one name for possible appointment to the Community Health.
Services Advisory Committee but encouraged the Council to submit names of others
who may be interested to fill the existing vacancy.
WATERMAIN AND SANITARY SEWER CHARGES LevIED AGAIIVST LOT 1. BLOCK 1. DEER RUN
ADDITION
adoption of the following resolution:
BE IT RESOLVED that the Edina City Council does hereby authorize the assessment
of the connection charges for Watermain No. 329 in the ammmt of $1,381.62 and
for Sanitary Sewer No. 344 in the mount of $1,537.37 for a total of $2,918.99 to
be levied against Lot 1, Block 1, DEER BUN ADDITION (32-117-21-32-0017), payable
over a period of six (6) years, the first payment collectible with real estate
taxes payable in 1993, and with interest on the entire assessment at the rate of
Motion was made by Member Kelly and was seconded by Hember Paulus for
R.ESOUpTION I
A 1/6/92
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9.0% per annum.
Motion carried on rollcall vote - five ayes.
*1992 TEXMSTERS MCAL 320 POLICE CONTRACT APPROVED Motion vas made by Member
Kelly and vas seconded by Member Paulus to approve the 1992 Teamsters liocal 320
Contract (Police) as proposed and presented by staff, to include the following:
1. Wages - 3% increase
2.
3.
Flex Plan Contribution - $30.00 per month.
Overtime Compensation for officers scheduled to vork Christmas Eve and New
Years Eve and the day after Thanksgiving.
Motion carried on rollcall vote - five ayes.
*RESOLUTION ADOPTED DESIGNATING DIRECTOR/ALTERN.ATE DIRECTOR FOR SUBURBAN RATE
AUTEORITY Motion vas made by Member Kelly and vas seconded by Member Paulus for
adoption of the following resolution:
BESOUPTION DESIGNATING DIRECTOR AND
ALTERN.A!lX DIRECTOR TO SIlBllBEAN RA!lX AU!i!HOR.ITY
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
John C. Wallin, is hereby designated to serve as a Director of the Suburban Rate
Authority, and Eric R. Anderson is hereby designated to serve as Alternate
Director of the Suburban Rate Authority for the year 1992 and until their
successors are appointed.
Resolution adopted on rollcall vote - five ayes.
*RESOLUTION ADOPTED DESIGNATING DIRECTOR/ALTERNATE DIRECTOR FOR MGIS Motion vas
made by Member Kelly and was seconded by Member Paulus for adoption of the
following resolution:
BESOLUTION DESIGNATING DIRECTOR
AND ALTERNATE DIRECTOR TO LOGIS
BE IT RESOLVED by the City Council of the City of Edina, Mhuesota as follows:
John C. Wallin is hereby designated as a Director of MGIS and Kenneth E. Rosland
is hereby designated as Alternate Director of LOGIS for the year 1992 and until
their successors are appointed.
Resolution adopted on rollcall vote - five ayes.
*RESOLUTION ADOPTED DESIGNATING EDINA SIJN-CURRENT AS OFFICIAL NEWSPAPER Motion
vas made by Member Kelly and vas seconded by Member Paulus for adoption of the
following resolution:
BE IT RESOLVED by the Edina City Council that the Edina Sun-Current be and is
hereby designated as the Official Newspaper for the City of Edina for the year
1992.
RESOLUTION DESIGNATING OFFICIAL NEWSPAP=
Resolution adopted on rollcall vote - five ayes.
*RJ3SOLUTION ADOPTED DESIGNATING DEPOSITORIES FOR F'UBLIC FUNDS OF CITY Motion was
made by Member Kelly and vas seconded by Member Paulus for adoption of the
folloving resolution:
BE IT RESOLVED that the First Bank National Association, Minneapolis, Mp,
Americana State Bank of Edina, Mp, Fidelity Bank, Edina, Mp, Marquette Bank
Minneapolis, Himeapolis, MI?, and Norwest Bank MetroWest, Ed-, MXV, authorized
to do banking business in Minnesota, be and hereby are designated as Official
Depositories for the Public Funds of the City of Edina, County of Hexmepin,
Minnesota until January 1, 1993.
RESOLUTION DESIGNATING DEPOSITORIES
Resolution adopted on rollcall vote - five ayes.
JtsIGNATORY RESOLUTION ADOPTED
by Member Paulus for adoption of the following resolution:
Motion was made by Member Kelly and was seconded
SIGNATORY RESOLUTION
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BE IT RESOLVED that the persons holding office as Mayor, Manager and Treasurer of
the City of Edina, be, and they hereby are, authorized to act for this
municipality in the transaction of any banking business with First Bank National
Association, Americana State Bank of Edina, Fidelity Bank, Marquette Bank,
Minneapolis and Norvest Bank MetroWest (hereinafter referred to as the wBank”)
from time to time and until written notice to any Bank to the contrary, to sign
checks against said accounts, which checks vi11 be signed by the Mayor, Manager
and City Treasurer. Each Bank is hereby authorized and directed to honor and pay
any checks against such account if signed as above described, whether or not said
check is payable to the order of, or deposited to the credit of, any officer or
officers of the City, including the signer or signers of the check.
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Resolution adopted on rollcall vote - five ayes.
*FACSIMILE SIGHATURES RESOLUTION ADOPTED Motion was made by Member Kelly and was
seconded by Member Paulus for adoption of the following resolution:
RESOLUTION ADOPTED AUTHORIZING USE OF
FACSIMILE SIGNATURES BY PUBLIC OpPICTAT4
RESOLVED that the use of facsimile signatures by the following named persons:
FREDWICK S. RICHARDS - M6YOB
KENNETH E. ROSIAND - CITY MANAGER
JOHN WAILIN - CITY TBEBSURER
on checks, drafts, warrants, warrant-checks, vouchers or other orders of public
funds deposited in First Bank National Association, Americana State Bank of
Edina, Fidelity Bank, Marquette Bank Minneapolis and Norwest Bank MetroWest, be
and hereby is approved, and that each of said persons may authorize said
depository banks to honor any such instrument bearing his facsimile signature in
such form as he may designate and to charge the same to the account in said
depository bank upon which dram as fully as though it bore his manually written
signature and that instruments so honored shall be wholly operative and binding
in favor of said depository bank although such facsimile signature shall have
been affixed without his authority.
Resolution adopted on rollcall vote - five ayes.
MLC 1992 LEGISLATIVE PROGRAM PRESENTED
Municipal Legislative Commission (MLC) Board of Directors, representing the
members cities, will meet on January 8, 1992, to adopt the 1992 Legislative
Program.
Mayor Richards informed Council that the
He presented the following executive summary of the proposed program:
1.
2.
Support a new State Aid Distribution Formula which guarantees every city in
the State a specific amount of aid based upon a per capita calculation.
Support a new State Aid Distribution Formula which measures “wealth” using
the market value of property rather than artificially created tax capacity
values.
3. Retain the current law which will reduce the tax rate on the value of homes
over $115,000 from 2 1/2 percent to 2 percent for property taxes payable in
1993 and thereafter.
Advocate a property tax policy which will continue to narrow the tax rate
difference between low-valued homes and high-valued homes.
Support a Constitutional Amendment to dedicate $.02 of the sales tax
receipts to the Local Government Trust Fund.
Permit the levy limit repeal to occur for local governments.
Support increasing the role of the property tax refund program (circuit
breaker) to better target property tax relief dollars based upon ability to
pay rather than market value.
4.
5.
6.
7.
The seven issues were then discussed, debated and voted on by the Council.
was the consensus of the Council to approve the 1992 Legislative Program of the
LMC as presented and listed above, with the exception of Member Smith who voted
nay on item No. 5.
It
1/6/92
*ClXlHS PAD
to approve payment of the following claims as shm in detail on the Check
Register dated January 6, 1992, and consisting of 15 pages: General Fund
$78,225.61; Communications $6,214.94; Art Center $5,144.36; Capital Fund
$5,806.06; Golf Course Fund $18,143.87; Recreation Center Fund $3,323.38; Gun
Range Fund $20.06; Edinborough Park $2,535.42; Utility Fund $250,006.18; Storm
Sever Utility $268.58; Liquor Dispensary Fund $1,921.43; TO!UL $371,609.89.
Motion vas made by Member Kelly and vas seconded by Member Paulus
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There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 8:18 P.M.