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HomeMy WebLinkAbout19921019_regular\ 1 ' %* MlXUTES OF THE REGEtAJl MEETING OF THE EDIHB CITY COmOCIL HELD AT CITY HALL OCTOBER 19, 1992 ROWAIL Answering rollcall were Members Kelly, 'Paulus, Rice, Smixh and Mayor Richards. 1 CONSENT AGENDA ITEMS ADOPTED Member Rice to approve and adopt the Consent Agenda items as presented. Motion was made by Member Smith and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. D.A.T.E. AWARD PRESENTED TO JERRY'S SUPW VALUE Curt Wiehle, Disability Awareness Team of Edina (D.A.T.E.), explained that Governor Carlson has proclaimed the month of October as Disability Employment and Awareness Month. D.A.T.E. is commending Jerry's Super Value for their continuing practice of hiring the disabled. Disabilities Act guaranteeing rights to people with disabilities and ensuring that they will have equal employment. Mr. Wiehle presented a plaque to Ken Heintzen of Jerry's Super Value for their commendable effort in hiring persons with disabilities. The federal government recently passed the Americans With EMPLOYEE DON ENGER COMMENDED of the Edina Police Department since 1960. 7119 Antrim Road, recognizing the extraordinary efforts of Mr. Enger after a burglary at the Rahn home. Manager Rosland commended Mr. Enger for his tireless efforts in solving the crime and presented him with a silver pen bearing the City logo. Council members joined in commending Mr. Enger for his tremendous effort. *MINUTES OF REGULAR MEETING OF OCTOBER 5. 1992. APPROVED Motion was made by Member Smith and was seconded by Member Rice to approve the Minutes of the regular meeting of October 5, 1992. Manager Rosland introduced Don Enger, an employee He mentioned a letter from Noel Rahn, Motion carried on rollcall vote - five ayes. PUBLIC HEARRJG CONCLUDED ON SPECIAL ASSESSMENT FOR STREETSCAPE IMPROVEMENT NO. BRA 90-10 FOR 50TH STREET AND FRANCE AVENUE BUSINESS DISTRICT Assistant Manager Hughes recalled that the subject assessment, Streetscape Improvement No. HRA 90-10 for the 50th and France Avenue business district, was continued from the Council meeting of October 5, 1992. On October 5, the City received correspondence from Cineplex Odeon with respect to the Edina Theater. The letter advised of a discrepancy in the measurement of the theater. Cineplex Odeon, the gross floor area of the building comprises 14,731 square feet and not 27,835 square feet as listed on the assessment roles. Staff has reviewed building plans for the theater and concludes that Cineplex Odeon's measurements do not include the second story or mezzanine levels of the building. provided in the assessment roles. According to Therefore, staff recommends that the assessment be levied based on the original calculation 1 A letter had also been received from Dr, James Layer, owner of.the 50th and France Building at 3939 W. 50th Street, not refuting the assessment but asking that more explicit information be provided to property owners who are receiving assessment notices. Assistant Manager Hughes said the analysis for the streetscape improvement showed a total construction cost of $2,284,304.20, less 80% tax increment reimbursement, for a total assessable cost of $456,860.84 proposed to be assessed against all commercial properties at 50th and France at $1.214 per square foot. Assessment 3 10/ 19 f92 L, to be spread over ten years-. No further comment or objection was heard. Member Rice introduced the following resolution and moved adoption: SPECIAL ASSES- LEVIED ON ACCOUNT OF PUBLIC IMPROVEMENT BE IT RESOLVED by the City Council of the City of Edina, Wnnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearing held on October 5, 1992 and concluded on October 19, 1992, has considered all oral and written objections presented against the levy of such assessment. 2. The assessment as set forth in the assessment rolls on file in the office of the City Clerk for the folloving improvement: does not exceed the local benefits conferred by said improvement upon the lot, tract or parcel of land so assessed, and all of said assessment is hereby adopted and confirmed as the proper assessment on account of said respective improvement to be spread against the benefitted lots, parcels and tracts of land described therein. 3. The assessment shall be payable in equal installments, the first of said installments, together with interest at a rate of 8.5% per annum, on the entire assessment fromthe date hereof to December 31, 1993, to be payable with the general taxes for the year 1993. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. number of such annual installments shall be as follows: The City has given notice of hearing as required by law on the proposed i- 1- Streetscape Improvement No. HILb 90-10 \ The Name of Improvement No. of Installments STREETSCBPE IHPROVEMEN!C NO. HRB 90-10 10 years (Levy No. 12595) 4. copy of this resolution and a certified duplicate of said assessment with each thenunpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The City Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the owner of any right-of- way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Reasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Member Kelly. The City Clerk shall forthwith prepare and transmit to the County Auditor a Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *PUBLIC EEAJIING ON SPECIBL ASSESSWENT FOR TREE REMOVAL IMPROVEMEWI! NO. TR-92 - 4231 OAKDALE AVENUE CONTIMTED TO 11/2/92 Motion vas made by Member Smith and was seconded by Member Rice to continue the public hearing on the special assessment for Tree Removal Improvement No. TB-92 at 4231 Oakdale Avenue to November 2, 1992. Motion carried on rollcall vote - five ayes. / FINAL REZONING TO PRD-2 PLANNED RESIDENCE DISTRICT AND FR?AL PUT APPROVED FOR =ON HILT., AJIDITION Presentation bv Planner preliminary rezoning and preliminary plat approval for eight double dwelling units or a total of 16 units was granted for the subject property consisting of four acres, located south of Vernon Avenue and north of Vernon Court. recommend final rezoning and final plat approval, subject to: 1) Subdivision dedication based on an unimproved land value of $400,000.00, 2) Nine Mile Creek Watershed District Grading Permit, and 3) Retaining wall plan engineered by and i Planner Larsen reminded Council that at the September 21, 1992, meeting The 1 proponent is now requesting final rezoning and final plat approval. Staff would i 10/19/92 9.. signed by a registered professional engineer. \r Planner Larsen recalled that one condition of preliminary approval was the .+ L granting of proposed front yard setback variances by the Zoning Board of Appeals. The Board heard and granted the variances at their October 1, 1992, meeting, subject to the condition that the homeowner’s agreement address the parking issue. The Nine Mile Creek Watershed District Board will consider a grading permit that would cover grading and drainage issues for this project at their October 21, meeting. The proposed development plans remain the same as those given preliminary approval. - Presentation by Proponent David Carlson, developer, said he had met with Pat and Doug Borth, 6521 Gleason Court, (the property directly east of the proposed development) and would like the record to show that he agreed to the following: 1) to extend the Borth’s existing fence along their west property line to their garage, 2) to move three trees that might be in conflict with the property line, and 3) to install a split rail fence on the property line. He also met with Naomi Evans, 6518 Gleason Court, and had agreed to: 1) move the invisible fence for her dog onto her property, and 2) provide three 10 foot evergreen trees on her property. Mr. Carlson stated that Gerald Backman from Schoell & Madson, Inc. was present to answer any engineering questions. Mayor Richards noted that a letter from Naomi Evans, 6518 Gleason Court, was presented to the Council stating her concerns about the proposed development and the results of the meeting with Mr. Carlson. were heard. Member Kelly moved Second Reading and adoption of Ordinance No. 850-81 as follows: ’ No other comments or objections ORDINANCE NO. 850-Al AN ORDINANCE AMJ3NDING THE ZONING ORDINANCE (NO. 850) BY ADDING TO THE DOUBLE DWETLING UNIT DISTRICT (B-2) FOR VERNON H1I.L ADDITION THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: by adding the following thereto: Section 1. “The extent of the Double Dwelling Unit District is enlarged by the addition of the following property: Subsection 850.06 of Section 850 of the Edina City Code is amended That part of lot 23 lying U of a line running N from A pt in S line of lot 23 dis 676 3/10 ft E from SU cor thof and par with U line thof and lying N of hwy also subject to Vernon Court Auditor’s Subdivision No. 169 Hennepin County, Hinn. City of Edina. PIM 06-116-21-21-0005<24). The easterly 150.00 feet of the westerly 825.74 feet of the Northeast Quarter of Section 6, Township 116, Range 21 as measured at right angles to the west line of the Northeast Quarter and lying northerly of the northerly right of way line of County Road No. 62. PIN# 06-116-21-21-0006. Section 2. This ordinance shall be in full force and effect upon its passgge and publication. ATTEST : ad!.- W Mayor 3 City Clerk Motion for adoption of the ordinance was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. I 10/19/92 Member Kelly then moved adoption of the following resolution, subject to (2) payment of a subdivision dedication fee of $32,000.00, (ii)) Nine Mile Creek Uatershed District grading permit, (iii) retaining wall plan engineered by and include items agreed to by the developer as recorded above: signed by a registered professional engineer, and (iv) development agreement to M . - RESOLUTION GRANTING FIHbL APPROVAL FOR V"0N HILL ADDITION BE IT RESOLVED by the City Council of the City of Ed-, Minnesota that that certain plat entitled "VERNON HII;L ADDITION", platted by David Carlson Company, Inc. and presented at the regular meeting of the City Council of October 19, 1992, be and is hereby granted final approval. resolution was seconded by Member Paulus. Motion for adoption of the Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . APPEAL OF ZONING BOARD OF APPEALS DECISION CONTINUED TO 11/2/92: STBPP TO PREPARE FIXDINGS OF FACT IN SUPPORT OF BOARD'S DECISION DE"G VARIANCE TO INSTAIL SATELLITE ANTENNA AT 5324 WEST 62ND STREET Presentation bv Planner Associate Planner Aaker informed Council that on October 1, 1992, the Zoning Board of Appeals heard and denied James Aufderheide's request to allow a roof mounted satellite dish antenna at 5324 West 62nd Street to remain mounted without benefit of a permit on their single family home. Code states that unless otherwise exempt, no antenna, dish antenna or tower of any kind shall be erected, constructed or placed anywhere in the City without first obtaining a permit from the City. Additionally, only dish antennas less than six feet in height and less than nine square feet in cross section area are exempt from the permitting process, and unless otherwise exempt, a dish antenna may not be located on the roof of an R-1 or R-2 zoning district dwelling unit. The ordinance limits the location and placement of satellite dishes to the rear yard area only. buildable area of any neighboring R-1 or R-2 lot and must respect setbacks of the principal building. from the base of the mount attached to the ground to the top of the dish. applicant has indicated that the dish height as measured from the roof to the top of the structure is 12 feet and has provided a site plan to clarify his request. The drawing illustrates where the dish has been located on the roof and proximity to trees which the applicant has stated blocks signals if the dish were to be located in a conforming location. The Board did not accept the proponent's contention that the obstruction of some of the signals caused by trees is a unique and specific hardship and denied the variance request. Staff would recommend upholding the Board's position. On October 5, 1992, a letter was received from Mr. Aufderheide appealing the decision of the Board and asking to be on the Council agenda October 19, 1992. Section 815 of the Edina City I Setback must be closer to the principal building than the In addition, the height of the dish cannot exceed 12 feet The Attorney Gilligan interjected that, if the Council desires to deny the requested variance, counsel would recommend the matter be continued and that staff be directed to prepare findings of fact in support thereof. It was noted that letters objecting to the roof mounted satellite dish were received from the following: Ross and Chris Rifkin, 5320 W. 62nd Street; Douglas Mahal, 5320 Maddox Lane; Douglas Lambert, 6205 Hansen Road; D.F. Darney, 5324 Maddox Lane; Bill Dubbs, 5316 Maddox Lane; and William and Elizabeth Short, 6209 Hansen Road. By letter dated October 14, 1992, Walter Rockenstein 11, attorney for James 10/19/92 p. 3 Aufderheide, submitted substantial documentation in support of the variance request . c Presentation bv Proponent James Aufderheide, 5325 West 62nd Street, stated he felt he has met the hardship requirements for granting the requested variance. variance should be granted for the following reasons: 1) heavy tree cover would not allow the satellite signal to be received if placed on the ground as any shadow on the antenna would prohibit reception, 2) a mesh dish antenna was selected to lessen impact and was placed on the lowest possible roof area in the rear, 3) neighbors have given conflicting opinions of where they.would prefer placement of the dish, and 4) many signals via satellite are not available through any other median, specially Korean programming (cultural and language) which is important to the family because his wife is Korean. concluded by saying he hoped the Council would see the benefits of satellite reception and the effort he had made to accommodate everyone involved to the best of his ability. Further, he believed the Mr. Aufderheide Public Comment Dan Darny, 6324 Maddox Lane, commented that Mr. Aufderheide, being in the business of selling and installing satellite dishes, should have known that a permit was required. line and was very offensive. Further, he felt the dish was larger than the ordinance allows and that Mr. Aufderhiede should obey the ordinance as written. He said the satellite dish was directly within his sight Debra Snyder, 5321 West 62nd Street, concurred with Mr. Darny that he has the full view of the roof mounted dish and that she was somewhat relieved when it was installed on the roof because she would be impacted if it were ground mounted. Although she could understand the Aufderheide‘s need for satellite reception, she pointed out that Mr. Aufderheide did how the regulations when he installed the dish on his roof as he worked with the City when the current ordinance was being considered. limitations for locating a satellite dish. to all concerned, she hoped an alternate location could be found for the dish that would be acceptable. Knowing that, she questioned why he bought the home when he knew its Mrs. Snyder said she felt in fairness Council Action Member Smith made a motion to continue the matter to November 2, 1992, and that staff be directed to prepare findings in support of the decision of the Board of Appeals to deny the variance request to install a satellite antenna on the roof at 5324 West 62nd Street. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. FIRST READING GRAElTED FOR ORDINANCE NO. 1992-1 - AMENDING CITY CODE BY ADDING NEW SECTION 1046 <PARKING AND STORAGE OF VEHICLES1 that on October 5, 1992, the Council continued discussions concerning the proposed Code Section 1046 regarding parking and storage of vehicles. To affect an amendment to the Code, the Council should adopt an enacting ordinance. Accordingly, staff has prepared Ordinance No. 1992-1 for the purpose of amending the Code by adding a new Section 1046 which is identical to the draft that was discussed on October 5, 1992. Assistant Manager Hughes recalled Assistant Manager Hughes gave a brief overview of the proposed new Section 1046 as follows: 1. 2. Outdoor storage of RVs, boats, ATVs, snowmobiles, special purpose trailers Commercial usage vehicles and inoperable vehicles must be stored indoors. would be allowed, but limited to no more than two such vehicles per lot, only 3. 4. 5. 6. 7. lo/ 19/92 one of which could be a RV. Vehicle must be owned or leased by the occupant of the lot where stored. Vehicle must be stored in the side yard but not closer than five feet to the side lot line or 25 feet from the rear lot line. in the front or side street setback area. Vehicles stored outdoors must be parked closer to the house of the vehicle owner than to the buildable area of an adjacent lot. Vehicles may be parked in the driveway for seven days or less for loading and unloading purposes or to accommodate visitors. Such vehicles must be parked at least 15 feet from the street and five feet from the side lot line. Section 1046 provides for a variance system administered by the Zoning Board of Appeals. notified of the variance hearing. conditions to the variance, i.e. screening, etc. Board action may be appealed to the Council. The variance may be transferred to another vehicle provided that vehicle is not longer, wider, taller or older than the vehicle for which the variance was initially granted. I No storage would be allowed Residents within 200 feet of the proposed variance would be If granted, the Board may attach Assistant Manager Hughes explained that these provisions are the same as the ordinance reviewed by Council in August, 1992. What has been added, at the Council's direction, is a grandfather system whereby existing RVs, boats, ATVs, snowmobiles and trailers may continue to be parked in the driveway in R-1 and R-2 lots, subject to the following: 1. Vehicle must be operable. 2. 3. Vehicle must not be within 15 feet of the street or five feet from the side 4. Grandfathered vehicle would not be transferable to a different vehicle or No more than one vehicle would be permitted in each driveway. lot line. lot. Public Comment: Gary Bartolett, 7421 Gleason Road, said the statement in the ordinance that says any City employee may enforce the grandfather provision sounds like vigilantism. He questioned the definition of commercial vehicles based on size not on use, which he feels is discriminatory regulation. 1046 because he felt all of the problems are still there, only the verbiage has been changed substantially since August. He objected to the proposed Section Howard Walters, 420 John Street, commented that he had attended a standing room only Council meeting five years ago regarding the same subject. his RV for business, pleasure, and community service regularly and would like this to continue. the allowed seven days, 2) variance not transferable to a new vehicle or lot, and 3) one driver households cannot store RVs off site. He objected to any change to the existing ordinance. He said he uses His concerns were: 1) what if his guests stayed longer than Gary Alan Bartolett, 7421 Gleason Road, spoke to his letter received October 9, 1992. infringement on the rights of private property owners. claim to what is parked on his driveway which is private property. believed Section 1046 is unconstitutional, which would be decided by the courts. Council has two choices: 1) reject Section 1046, or 2) pass Section 1046 and waste taxpayer's money on legal fees and monetary damages. saying that he hoped the Council Members would give serious consideration to the possible ramifications of their action. He called proposed Section 1046 unfair and possibly an illegal The City has no legal Further, he He concluded by Bill Hansen, 5801 Johnson Drive, voiced concern about the grandfather clause in the proposed ordinance as it would allow storage parking area in the front yard. 10119 I92 7 . %. .. He made reference to a RV parked across the street from his home that is used two months out of the year. should not be parked there. depend on the Council to do the right thing by restricting such vehicles. RVs in front yards are not normal driveway usage and He said the majority of the residents of the City - Mayor Richards read a letter from Alta Fossum, 6712 Cahill Road, stating she feels that RVs, boats and snowmobiles are unattractive and blight the City. She stores four boats off site and asked the Council to legislate so as to make it impossible for people to store these vehicles in their yards. Council Comment/Action Member Kelly commented that the Council has worked hard on this issue and that she was involved in this process five years ago when it was before Council. felt the proposed ordinance would establish a process of regulation that will benefit all the residents of Edina. She Member Paulus said she could not support the proposed ordinance because she does not feel a resident can be told where on his property to park and store vehicles but would support the existing ordinance. process will be cumbersome in that affected residents will not agree on where such vehicles should be parked. Further, subsequent property owners may not realize that the previous owner's RV was grandfathered in. observed that while RV owners may be in the minority they do have a right to own and maintain something and the majority vote does not always rule. She felt she could not legislate what is appropriate for a resident to have in their front yard. She added that she felt the variance Member Paulus Member Rice commented that he would support the proposed ordinance because he felt it was a step in the right direction. Property owners with existing RVs will be accommodated with the grandfather provision. items does affect property values in the community. be problems with the variance process but it is a start. Outside storage of large He concurred that there may I. Member Smith stated that passing the ordinance will put a process in place to regulate what is allowed in the front yard. allowed to continue to have them. should be no concern about getting a variance. Residents with existing RVs will be If it has not.affected neighbors today, there Member Kelly then introduced Ordinance No. 1992-1 - An Ordinance Amending the City Code by Adding a New Section 1046 and Repealing Section 1045 for First Reading as presented and on file in the office of the City Clerk. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Rice, Smith, Richards Nays: Paulus First Reading granted. FIRST READING GRANTED FOR ORDINANCE NO. 1992-2 AMENDING CITY CODE BY ADDING NJ3U SECTION 716 (RECYCLING SERVICE CHARGESZ Assistant Manager Hughes explained that the proposed ordinance provides for establishment of recycling service charges. The concept was discussed in detail during the City Council's budget hearings. At that time, the Council directed that the General Fund's contribution to the recycling program be deleted and that charges be made against those properties which benefit from the City's recycling service. The proposed ordinance provides for a quarterly charge against properties to which recycling services are made available by the City. family dwellings, two-family dwellings, townhouses, and apartment buildings with eight or fewer units are served by the City's program. At present, single- The quarterly charge 19/19/92 would be itemized on the utility bill for each property. estimated to be approximately $4.00 per quarter for a single-family dwelling, two-family dwelling, and approximately $2.00 per quarter for townhouse and apartment units. If adopted, the ordinance would take effect January 1, 1993. This sewice charge is - Member Kelly introduced Ordinance No. 1992-2 - An Ordinance Amending the City Code by Adding a Nev Section 716 - Recycling Service Charges for First Reading as presented and on file in the office of the City Clerk. Member Rice. - Motion was seconded by \ Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. *BIDS REJECTED FOR NORHANDALE GOLF COURSE DRIVEWAY PROJECT Member Smith and vas seconded by Member Rice to reject all bids for the Normandale Golf Course Drivevay Project as recommended by staff because-the bids were mch higher than the Engineer's estimate. Motion carried on rollcall vote - five ayes. Motion was made by *AWARD OF BID CONTIPJUED TO 11/2/92 FOR IRRIGATION FOR NEW NINE HOLE GOLF COURSE AT BRAEMAR Motion vas made by Member Smith and vas seconded by Member Rice to continue award of bid for irrigation for the nev nine hole golf course at Braemar to November 2, 1992. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR BRAEMAR GOLF COURSE PRO SHOP EXPANSION Motion vas made by Member Smith and was seconded by Member Rice for award of bid for Braemar pro- shop expansion to recommended low bidder, Hunerberg Construction, at $323,300.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR REPAIR OF STORM SEWER Motion vas made by Member Smith and was seconded by Member Rice for award of bid for repair of storm sewer at West 65th Street and West Shore Drive to recommended lov bidder, G.L. Contracting, Inc., at $5,335.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR TKO REVERSIBLE SNOW PLOWS AMI OPJE PLOW WING Motion was made by Member Smith and vas seconded by Member Rice for avard of bid for two reversible snow plows and one plow wing to recommended low bidder, J. Craft, at $13,339.91. Motion carried on rollcall vote - five ayes. TRAFFIC SAFZTY COMMITTEE HJXUTES OF 10/13/92 APPROVED reviewed the discussion that occurred at the Traffic Safety Committee meeting October 13, 1992. Item (1) of Section A - request to discuss traffic safety concerns on Mirror Lakes Drive and Northwood Drive and item (2) - request to install "STOP" signs on Chantrey Road at Ayrshire Boulevard were considered jointly as they pertained to the same general neighborhood. Engineer Hoffman briefly Member Paulus made a motion to approve the following recommended action listed in Section A of the Raffic Safety Committee Minutes of October 13, 1992: 1) To install "YIELD" signs to control eastbound/vestbound traffic at Ayrshire Boulevard and Chantrey Drive; 2) To install signage depicting the adult/child walking symbol along vith a 25 MPH advisory southbound on Mirror Lakes Drive just north of Northwood Drive: 3) To undertake a speed survey analysis of Mirror Lakes Drive traffic in 60 days in order to assess the effect of the new signage; and to acknowledge Sections B and C of the Minutes. Member Kelly. Motion was seconded by Ayes: Kelly, Paulus, Rice, Richards Motion carried. 10/19/92 9 . &. Member Smith left the Council Meeting at this point on the agenda (8:25 P.M.) PUBLIC HEARING HELD: INCRJMSE IN BEW AND WINE LICENSE FEES FOR 1993 APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted to consider increasing the fees for beer and wine licenses in accordance with M.S. 340A.408,' Subd. 3A. A copy of the notice was mailed to all licensees on September 18, 1992. The increase is proposed to recover increased cost for staff time in issuance of the licenses and for inspections by the Police Department. Richards then called for public comment on the proposed license fee increase. No comment or objection was heard and no written objections were received hereto. Mayor Member Kelly made a motion to approve the following beer and vine license fees, effective January 1, 1993: On-sale Wine: Restaurants vith 50 or fewer seats $660 51 - 100 seats, inclusive 715 101 - 150 seats, inclusive 770 Over 150 seats 825 On-sale and Off-sale 3.2. Beer: 200 (Renewal) 255 (New) Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Richards RESOLUTION ADOPTED IMPLEMENTING H0"WEI.L MUNICIPAL SERVICES PROGRAM Manager Rosland advised that staff has met with Honeywell and would recommend that Honeywell be used to evaluate all City buildings for energy and cost savings. The program proposed by Honeywell is unique and new in that any capital improvement recommended would be paid for by Honeywell, whether it be a new roof, air conditioner or insulation. energy savings. working with the City at no cost to the City. would enter into a further agreement to have them provide the upgraded facilities. At this stage, staff is asking Council to allow Honeywell to look at all City facilities in relationship to their energy efficiencies or deficiencies. Honeywell would be paid back only through proven As the first step, Honeywell would determine the feasibility of If the match is good, the City Member Kelly moved adoption of the folloving resolution: RESOLUTION WERJWS, the State Legislature has recently enacted Minnesota Statute 471.345 to direct municipalities to develop agreements vith businesses which will guarantee savings in energy and operations; and WHEREAS, this Statute allows the City to select a vendor based on experience, track record and ability to perform when the energy and operational contract is guaranteed to be self-funding. Under this provision, the City has selected Honeywell as the vendor of choice to negotiate a Mhicipal Services Contract. NOW, THEREFORE, BE IT RESOLVED that the City Council directs the City Manager to enter into a no-cost decision schedule vith Honeywell to provide a means to determine the feasibility, scope, terms and time frame for entering into an agreement. funding with a written guarantee of savings and meeting the criteria set by the City, the City will enter into an agreement with Honeywell for the aforementioned Municipal Services Program. BE IT p[JRTHEB RESOLVED that the City agrees the preliminary evaluation and recommendations of energy conservation measures as vel1 as the preliminary proposal shall remain the property of Honeywell and may not be used by the City for the purposes of competitive bidding or for the purposes of entering into a guaranteed energy savings contract with any other qualified provider. Motion was seconded by Member Rice. On the basis that the Honeywell preliminary proposal will be self- Rollcall : Ayes: Kelly, Paulus, Rice, Richards Resolution adopted. 10/19/92 MEMBER SOUGHT FOR THE EDINA FOUNDATION BOARD Mayor Richards reminded Council that one vacancy (Council appointment) exists on The Edina Foundation Board of Directors and asked that names of interested individuals be submitted to him. . VACANCIES NOTED ON HERITAGE PRESERVATION BOARD vacancies exist on the Heritage Preservation Board and asked that names of interested persons be submitted to him. Mayor Richards noted that two Member Smith re-entered the meeting at this point on the agenda (8:40 P.M.) *APPLICATION TO BE SUBMITJ!ED FOR HWITAGE PRESERVATION BOARD TO BECOME CERTIFIED MCAL GO- Motion was made by Member Smith and was seconded by Member Rice approving the submittal of an application for Local Government Certification for the Heritage Preservation Board. = Motion carried on rollcall vote - five ayes. *RESOLUTION ADOPTED AUTHORIZING AGREEMENT BETcreEH MNDOT AND CITY REGARDING TEGHPJICIAN TRAINING Motion was made by Member Smith and was seconded by Member Rice for adoption of the following resolution: RESOLUTION APPROVING TECHNICAL CEBTIFICATION REIMBURSEMENT OF TUITION WHEREAS, the Edina City Council is aware that technical certification is required; , WHEREAS, the State is authorized to administer the State Aid Administrative Account pursuant to MN Statute 162.06, subd. 2; VHEBEBS, the Division of State Aid requires all personnel working on State Aid work be certified; vHEB;EBs, the certification of technicians will ensure consistent inspection and high quality roads and bridges; NOV, THEBEFORE, BE IT RESOLVED, that the Edina City Council authorizes the City Engineer and City Clerk to sign Agreement No. 70093 betveen the Minnesota Department of Transportation and the City of Edina on Technician Certification Eeimbur s ement . Motion carried on rollcall vote - five ayes. *PERHIT GRBPJTED TO DISCHBRGE FIRJURMS AT BRATHAR PARK Motion vas made by Member Smith and vas seconded by Member Rice authorizing the discharge of a firearm in the City of Edina for the removal of beavers. Motion carried on rollcall vote - five ayes. AMK 1993 PROPOSED POLICIES AND LEGISLATIVE PROPOSAIS PRESENTED explained that the AMM has submitted policies and legislative proposals for 1993 to be considered and adopted by the AMM membership on October 5, 1992. cities are being asked to review these and list the five top priorities. It was the consensus of the Council that Manager Rosland prioritize the list for discussion by the Council on November 2, 1992. Manager Rosland Member AHH TECHNICAL ADVISORY COMMITTEE (TAC) NOMIHATIONS SOUGHT Manager Rosland informed the Council that AMM is soliciting nominations for appointment to the Technical Advisory Committee (TAG). TAG is a metropolitan level transportation oriented advisory body which provides technical advice and input to the Transportation Advisory Board (TAB). To be eligible for appointment, staff officials must be at the department head level. has served on TAG for about ten years and may be reappointed. He noted that Engineer Hoffman JOm COUNCIL/SCHOOL BOARD MEETING RESCHEDULED Manager Rosland explained that 10/19/92 two School Board Members had conflicts with the scheduled date of October 26 for the joint Council/School Board meeting. suggested: November 23 and December 14. November 23 at 5:OO P.M. in the School District Office conference room. Two alternative dates have been The consensus of the Council was for THE EDINA FOUNDATION AUDIT PRESENTED Manager Rosland advised that audit of The Edina Foundation had been completed. After a brief discussion, Mayor Richards asked for an explanation of an expenditure of $7,485.00 entitled Management and General Expenses. and bring the information back on November 2, 1992. Manager Rosland said he would get details of that expenditure DEATH OF PAT I;LoNB NOTED Pat Llona on October 18. and the Human Relations Commission for a number of years. condolences be sent to her family. Manager Rosland informed Council of the recent death of She had served on the Edina Chemical Health Advisory The Council asked that MANAGER'S VACATION ANNOUNCED intended to be on vacation from November 23 to December 1 if there was no objection and that Assistant Manager Hughes would attend the Truth in Taxation Hearing on November 30, 1992, on his behalf. Manager Rosland notified the Council that he *CLAIMS PAID Motion was made by Member Smith and vas seconded by Member Rice to approve payment of the following claims as shown in detail on the check register dated October 19, 1992, and consisting of 23 pages; General Fund $152,840.40; CDBG $35.00; Cable $5,070.71; Working Capital Fund $7,588.83; Art Center $5,057.33; Pool $267.69; Golf Course $41,816.21; Arena $3,479.33; Gun Range $496.37; Edinborough/Centennial Lakes $12,063.79; Utilities $20,528.37; Storm Sever $3,780.53; Liquor Dispensary $91,890.78; Construction Fund $298,595.14; TOTAL $643,510.48; and for confirmation of payment of the following claims as shown in detail on the check register dated October 9, 1992, and consisting of 13 pages; General Fund $110,581.64; Golf Course $688.23; Utilities $1,199.81; Liquor $236,291.14; TOTAL 348,760.82. Motion carried on rollcall vote - five ayes. I There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:50 P.M. City Clerk