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HomeMy WebLinkAbout19930816_regular& 287 HINUTEX OF TBE BEGuLBa MEETING OF THE AUGUST 16, 1993 ROTLCALL Answering rollcall were Members Kelly, Paulus, Rice and Mayor Richards. Member Smith entered the meeting at 7:05 P.M. after adoption of the Consent Agenda. EDIHB CITP COUNCIL HELD AT CITY HAL& CONSENT AGENDA ITEMS APPROVED by Member Rice to apprave and adopt the Council Consent Agenda items as presented. Motion vas made by Member Paulus and vas seconded Rollcall : Ayes: Kelly, Paulus, Rice and Richards Motion carried. JOHN HARRIS DAY PROCLAIMED Mayor Richards presented the following proclamation which was adopted unanimously: WHEREAS, John Harris will represent the United States against the European team in the Walker Cup at Interlachen Country Club on August 17-19, 1993; and WHEREAS, John is the fourth Minnesotan ever chosen on America's Walker Cup team; and WHEREAS, John has received Minnesota Player of the Year six consecutive times and has won ten state golf championships over the last three decades, totally dominating statewide competition for several years; and WHEREAS, with his commitment to excellence, he has accomplished perhaps the finest record in Minnesota's tournament golf history; and WHEREAS, John Harris has excelled in competitive golf while establishing himself as a recognized insurance professional; and WHEREAS, John, with his spouse, Jennifer, and children, Katie and Chris, have likewise contributed to the well-being of our community; and WHEREAS, because of John's admirable conduct both on and off the golf course, he is an exceptional representative for our country and community. NOW, THEREFORE, BE IT RESOLVED that the City of Edina, by action of its City Council, does hereby proclaim August 17, 1993, to be: in the City of Edina, Minnesota. A PROCLAMATION. JOHN HARRIS DAY *MINU!CES OF REGULAR MEETINGS OF 7/19/93 AND 8/2/93. AND SPECIAL COUNCIL MEETINGS OF 7/19/93 and 7/26/93 APPROVED seconded by Member Rice to approve the Council Minutes of the regular meetings of July 19 and August 2, 1993, and Special Council Meetings of July 19 and July 26, 1993. Motion was made by Member Paulus and was Motion carried on rollcall vote - four ayes. FINAL PLAT APPROVED FOR WII;LBRDS KNOLL ADDITION (5717 BLAKE ROAD) Planner Larsen presented the request for final plat approval for Willards Knoll Addition located at 5717 Blake Road. is developed with a single dwelling unit building. proposed would remove the existing home and replace it with two dwellings. Planner Larsen recalled that Council granted preliminary plat approval at the July 19, 1993 meeting. subject to: 1) Subdivision dedication based on a land valuation of $100,000, and 2) Utility connection charges that may apply. The subject property is approximately one acre in area and The redevelopment being Staff would recommend that Final Plat approval be granted Mayor Richards called for public comment on the request for final plat approval. No comment or objection was heard. 288 8/16/93 Member Rice introduced the following resolution and moved adoption, subject to: 1) Subdivision dedication fee of $8,000.00, and 2) Utility connection charges: RESOLUTION APPROVING FINAL PLAT FOR VIIJLBBDS KNOLL BE IT BESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled n'vII;LBBDS KNOLL", platted by the Estate of Levis E. Jones, a/k/a Levis Jones, owner, and presented at the regular meeting of the Cie Council of August 16, 1993, be and is hereby granted final plat approval. was seconded by Member Kelly. Motion Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. FIRBL PLAT. FIHBI. SITE PIAN FOR CANTIHLL DEL RIO AND 0vwBI;L DEOEMPMENT PIAN FOR C- LBKES PRESENTED: IWLRIMG CONTINUED TO 9/7/93 Presentation bv Planner Planner Larsen quadrant of Minnesota Drive/Edinborough Way and is part of the Centennial Lakes master plan. one-half acre is in Edina. improvements are within the City of Bloomington. recalled that the subject property is located in the southwest The total site area is approximately 3.2 acres of which only about The majority of the site and the proposed Preliminary plat approval for Cantina del Rio was granted by the Council at the August 2, 1993, meeting; however, Council delayed action on amendment of the overall development plan for Centennial Lakes and final site plan approval for the proposed restaurant. In response to concerns expressed by Council on August 2, 1993, memorandums from Sanitarian Velde regarding the noise issue and from Police Chief Bernhjelm addressing enforcement issues were included in the Council packets. Larsen also mentioned a letter submitted by Tyler Abram representing Cantina del Rio binding the restaurant to abide by the City's noise ordinance and stating that proposed signage would be presented at the August 16, 1993 meeting. Larsen advised Council that just prior to this meeting he had received a message that Tyler Abram would not be in attendance. Planner Planner Staff would recommend approval of the final plat for Cantina del Rio, amendment of the overall development plan for Centennial Lakes and final site plan approval, subject to subdivision dedication based on an unimproved land value of $125,000.00. Council Comment/Action Member Rice asked if signage is proposed on the building facade that faces Edina and if such signage complies with Edina's sign ordinance. responded that neon signs would be incorporated into the north side of the building which orients toward Edina. City's sign ordinance with the possible exception that the neon may not be shielded as required by Edina. Member Rice also asked if the $125,000 land value represented the portion of the property within Edina. the portion of the parcel that is in Edina. Planner Larsen The proposed signs would comply with the Bloomington has approved the signage as proposed. Planner Larsen confirmed that the figure represented only Mayor Richards then called for comment from representatives of the proponent and from the public. No proponent or public comment was heard. Member Rice made a motion to continue the public hearing on final plat approval for Cantina del Rio, amendment of overall development plan for Centennial Iakes and final site plan approval to September 7, 1993, to allow the proponent to answer concerns about the proposed signage. 8/16/93 289 Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ORDINANCE NO. 1993-10 ADOPTED ON SECOND READING - AN ORDINANCE AMENDING THE CITY CODE TO PROVIDE STANDARDS FOR SEwAI;LY-ORIEJ!lTED BUSINESSES Hughes reminded Council that First Reading to Ordinance 1993-10 was granted at the Council meeting of August 2, 1993. At that time, Council directed that the ordinance incorporate a provision restricting nudity in certain public areas. reported that this restriction has now been incorporated in Section 6 of the ordinance. Staff would recommend adoption of the ordinance as now presented. Assistant Manager He Member Smith moved Second Reading and adoption of Ordinance No. 1993-10 as f ollows : ORDINANCE NO. 1993-10 AI? ORDINANCE AHENDING THE CITY CODE TO PROVIDE STANDARDS FOR SEXUALLY-ORIEN'l'ED BUSINESSES THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. paragraphs: Subsection 850.01 of the City Code is amended by adding the following "The Council also finds that sexually-oriented businesses have adverse secondary characteristics particularly when they may be accessible to minors or are located near residential properties or schools, day care centers, libraries and parks, and such businesses can exert a dehumanizing influence on persons attending or using such residential properties or schools, day care centers, libraries and parks. Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located. Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. indication that the area is deteriorating and the result can be devastating -- other businesses move out of the vicinity and residents flee from the area. concentration of such businesses, erode the City's tax base and contribute to overall urban blight. The presence of such businesses is perceived by others as an Declining real estate values, which can result from the The regulation of the location and operation of sexually-oriented businesses is warranted to prevent the adverse secondary effects of such businesses on the City's crime rate, its retail trade, its property values, and in general the quality of the City's neighborhoods, commercial and industrial districts, and urban life". Sec. 2. Subd. 3 of Subsection 850.03 of the City Code is amended by adding the following definitions : "Adult Body Painting Studio. the service of applying paint or other substance, whether transparent or An establishment or business which provides 8/16/93 290 non-transparent, to or on the body of a patron vhen such body is wholly or partially nude in terms of Specified Anatomical Areas. Adult Bookstore. An establishment or business which barters, rents or sells items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film and either alone or vhen combined vith Adult Motion Picture Rental or Sales and Adult Novelty Sales within the same business premises has either 10 percent or more of its stock in trade or 10 percent or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. I Adult Cabaret. other live entertainment, if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of Specified Sexual Activities or Specified Anatomical Areas. An establishment or business which provides dancing or Adult Companionship Establishment. provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical keas. Anqestablishment or business which Adult Conversation/Rap Parlor. the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. An establishment or business vhich provides Adult Health/Sport Club. minors by reason of age and is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. An establishment or business which excludes Adult Hotel or Hotel. excluded from patronage and wherein. material is presented vhich is distinguished or characterized by an emphasis onmatter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas. A hotel or motel from vhich minors are specifically Adult Mini-Motion Picture Theater. vith a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by patrons therein. A building or portion of a building Adult Modeling Studio. customers, figure models who engage in Specified Sexual Activities or display Specified Anatomical keas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. An establishment or business vhich provides to Adult Motion Picture Arcade. invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to shov images to five or fever persons per machine at any one time, and where the images so displayed are distinguished or Characterized by an emphasis on depicting or describing Specified Sexual Activities or Specified Anatomical Areas. Any place to which the public is permitted or 8/16/93. _. Adult Motion Picture Rental or Sales. barters, rents or sells videotapes or motion picture film and either alone or when combined with Adult Bookstore or Adult Novelty Sales within the same business premises has either 10 percent or more of its stock in trade or 10 percent or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. An establishment or business which Adult Motion Picture Theater. A building or portion of a building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by patrons therein. Adult Novelty Sales. An establishment or business which sells devices which stimulate human genitals or devices which are designed for sexual stimulation and either alone or when combined with Adult Bookstore and Adult Motion Picture Rental or Sales has either 10 percent or more of its stock in trade or 10 percent or more of its floor area containing such items and other items which are distinguished or characterized by an emphasis on the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Adult Sauna/Bathhouse/Steam Room. An establishment or business which excludes minors by reason of age and which provides a steam bath or heat bathing room if the service provided by the sauna is distinguished or characterized by an emphasis on Specffied Sexual Activities or Specified Anatomical Areas. Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, and adult body painting studios as herein defined. In addition, all other premises, enterprises, establishments, businesses or places at or in vhich there is an emphasis on the presentation, display, depiction or description of Specified Sexual Activities or Specified Anatomical Areas which are capable of being seen by members of the public. The term "sexually-oriented business" shall not be construed to include: (i) schools or professional offices of licensed physicians, chiropractors, psychologists, physical therapists, teachers or similar licensed professionals performing functions authorized under the licenses held, (ii) establishments or businesses operated by or employing licensed cosmetologists or barbers performing functions authorized under licenses held, (iii) businesses or individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of clothing. Specified Anatomical Areas. (i) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; or (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities. oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually- oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, (i) Actual or simulated sexual intercourse, 8/16/93 292 sapphism, zooerasty; or, (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence: or, (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or, (iv) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast or; (v) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and vho are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (vii) Human excretion, urination, menstruation, vaginal or anal irrigation." Sec. 3. Subd. 4. of Subsection 850.16, Planned Commercial District, of the "Sexually-Oriented Businesses." City Code is amended by adding a principal use as follows: Sec. 4. Subd. 11. of Subsection 850.16, Planned Commercial District, of the City Code is hereby amended by adding a new paragraph N. as follows: "N. Standards for Sexually-Oriented Businesses. 1. No sexually-oriented business shall be located closer than 500 feet from any other sexually-oriented business or licensed day-care facility. regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest point of the actual business premises of any other sexually-oriented business or licensed day-care facility. No sexually-oriented business shall be located closer than 500 feet from any property in the R-1, R-2, PRD, PSR or MID District, or any residentially zoned property in any city adjoining the City. Measurements shall be made in a straight line, without regard to intervening structures or objects, fromthe nearest point of the actual business premises of the sexually-oriented business to the nearest boundary of the R-1, 8-2, PRD, PSR, or MDD District." Measurements shall be made in a straight line, without 2. I Sec. 5. The City Code is hereby amended to provide a new Section 1345 as f ollovs : "SECTIOX 1345 - SEWAILY ORIENTED BUSINESSES 1345.01 Findings, Purpose and Objectives. The Council finds that sexually- oriented businesses have adverse secondary characteristics particularly when they may be accessible to minors or are located near residential properties or schools, day care centers, libraries and parks, and can exert a dehumanizing influence on persons attending or using such places or facilities. Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law-enforcement services. Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. result from the influx and concentration of sexually-oriented businesses. presence of such businesses is perceived by others as an indication that the area I A cycle of decay can The 3/16/93 ., 293 is deteriorating and the result can be devastating -- other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the City's tax base and contribute to overall urban blight. The regulation of sexually-oriented businesses by prescribing licensing requirements is warranted to prevent criminal activity and promote public health. Further, the prevention of criminal activity and the promotion of public health requires intensive efforts with respect to sexually-oriented businesses which exceed those required to control and regulate other business activities in the city. 1345.02 of this Code: Terms. The following terms have the meanings provided by Section 850 A. Adult Body Painting Studio. B. Adult Bookstore. C. Adult Cabaret. D. Adult Companionship Establishment. E. Adult Conversation/Rap Parlor.' F. Adult Health/Sport Club. 6. Adult Hotel or Hotel. H. Adult Mini-Motion Picture Theater. I. Adult Modeling Studio. J. Adult Motion Picture Arcade. K. Adult Motion Picture Rental or Sales. L. Adult Motion Picture Theater. M. Adult Novelty Sales. N. Adult Sauna/Bathhme/Steam Room. 0. Sexually-Oriented Businesses. P. Specified Anatomical Areas. Q. Specified Sexual Activities. 1345.03 License Required. No person shall operate a sexually-oriented business within the City unless such business is currently licensed under this Section. 1345.04 License Application. Every application for a license under this Section shall be made on a form supplied by the Clerk and shall be filed with the Clerk. required by this Section and to the holders of such licenses. In addition to the information required by Section 160 of this Code, the application for a license under this Section shall contain the following information. or supply such information may cause an application for a license to be denied. The provisions of Section 160 of this Code shall apply to all licenses Failure to complete A. If the applicant is a natural person: I 1. The true name, place and date of birth, current address and telephone number of the applicant. 2. Whether the applicant has ever used or has been known by a name other than the applicant's true name; and if so, such name or names and information concerning dates and places where used. 3. A specific statement as to the type and nature of the business to be licensed. 4. The name of the business, if it is to be conducted under a name other than the full individual name of the applicant, in which case a certified copy of the certification required by H.S. Chapter 333, shall be attached to the application. 5. The addresses at which the applicant has lived during the previous five years, including a statement of how long the applicant has been 81 161 93 294 continuously a resident of the State during the period as of and immediately preceding the date of application. 6. The kind, name and location of every business or occupation in which the applicant has been engaged during the preceding five years. 7. The names and addresses of the applicant's employer(s) and partner(s), if any, who were such at any time during the preceding five years. 8. Uhether the applicant has ever been convicted of any felony, crime, or violation of any provisions of this Code or State Iaw other than traffic violations and, if so, information as to the time, place and offense for which convictions were had. 9. A physical description of the applicant. B. If the applicant is a partnership: 1. The names and addresses of all partners and all information concerning each partner as is required of an applicant under paragraph A. of this Subsection. 2. The name(s) of the managing partner(s), and the interest of each partner in the business. 3. A true copy of the partnership agreement shall be submitted with the application. certificate as to trade name under the provisions of M.S. Chapter 333, a certified copy of such certification shall also be attached. If the partnership is required to file a C. If the applicant is a corporation or other organization: 1. The name of the applicant, and if incorporated, the state of incorporation. 2. A true Certificate of Good Standing, dated as of a current date, and true copies of the Articles of Incorporation or Association Agreement and Bylaws shall be attached to the application. foreign corporation, a Certificate of Authority issued pursuant to H.S. Chapter 303, shall also be attached. 3. The name of the person(s) who is to manage the business and all information concerning the person(s) as is required of an applicant under paragraph A. of this Subsection. 4. The names of all officers, directors and persons who control or own an interest in excess of five percent in such corporation or organization and all information concerning the persons as is required of an applicant under paragraph A. of this Subsection. If a 1). The location of the premises to be licensed and a floor plan of the premises. E. Uhether the applicant is licensed in other cities or has had a license revoked, or has been denied a license, to conduct any of the activities required to be licensed hereunder; and if so, *en and where the applicant is or vas so licensed, has had a license revoked or has been denied a license. 1345.05 License and Investigation Fees. Subd. 1. License Fee. Each application for a license or renewal license shall be accompanied by the fee set forth in Section 185 of this Code. Upon rejection of any application for a license, the Clerk shall refund the amount paid. Subd. 2. Investigation Fee. At the time of each origfnal application for a license, the applicant shall deposit an investigation fee as set forth in Section 185 of this Code. The cost of the investigation will be 8/16/93 2. 295 based on the expense involved. investigation will be refunded to the applicant. All deposited monies not expended on the 1345.06 All applications shall be referred by the Clerk to the Police Chief and to such other City departments for investigation of facts set forth in the application. Police Chief and any other consultants shall submit a written recommendation to the Manager as to issuance or non-issuance of the license, setting forth the facts upon which the recommendation is based. Investigation. Within 45 days after the application date, the 1345.07 application date, the Manager shall either approve or deny the application and shall notify the Clerk in writing of the decision. approved, the Clerk shall issue the license. Clerk shall furnish written notice of the denial to the applicant, together with the reason or reasons for denial. In addition to the reasons set forth in Subsection 160.04 of this Code a license may also be denied for any of the following reasons: Approval or Denial of Application. Within 60 days after the If the application is If the application is denied, the Subd. 1. Under Legal Age. If an individual applicant is under the age of 18. Subd. 2. Conviction without Sufficient Rehabilitation. If the applicant, or any principal officers, managers, directors, shareholders, or owners, if a corporation or association, or any partners, if a partnership, has been convicted of any crime or crimes directly relating to the operation of a sexually-oriented business, as provided in H.S. 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities, as provided in H.S. 364.03, Subd. 3. Subd. 3. Prior Denial of License. If the applicant, or any principal officers, managers, directors, shareholders, or owners, if a corporation or association, or any partners, if a partnership, has within two years prior to the date of application been denied a license under this Section or within the period has had revoked any license issued under this Section. Subd. 4. Zoning Restriction. If the premises to be licensed does not meet all of the requirements of Section 850 of this Code with respect to sexually-oriented businesses. Subd. 5. Ineligible Premises. If the premises to be licensed is currently licensed as an escort service, physical culture and health service, physical culture and health club, reducing club, reducing salon or massage parlor in accordance with Section 1340 of this Code or is currently licensed to sell beer, wine or liquor in accordance with Section 900 of this Code. 1345.08 the expiration of any license issued pursuant to this Section, any license holder desiring to renew the license shall submit a written application to the Clerk on forms provided by the Clerk together with payment in full of the license fee as required for the original license. the Manager who shall, within 30 days after the renewal application date, either approve or deny the application and shall notify the Clerk in writing of this decision. The Clerk shall then issue the license or, in case of denial, notify the applicant in writing of the denial setting forth the reason or reasons theref or. Renewal Application. Not less than 30 nor more than 60 days before The renewal application shall be forwarded to 8/16/93 296 1345.09 or a license renewal by filing a written notice of appeal to the Council in the Clerk's office within 30 days after the denial. appeal within 30 days after the notice is filed, and OpportunitJr shall be given to any person to be heard in favor of or opposing the issuance or renewal of the license. The Council may order and conduct such additional investigation as it deems necessary. Any licensee is authorized to continue to operate until final action by the Council upon licensee's renewal application, unless prohibited by Cbuncil resolution made after the denial. Appeal to Council. Any applicant may appeal the denial of a license The Council shall hear the 1345.10 License Not Transferable; Duration. Each license shall be issued to the applicant only and shall not be transferable to another holder. Any change in the persons named as partners on the application, as required by paragraph B. 1, of Subd. 1 of Subsection 1345.04 and any change in the persons who are named in the application as required by paragraph C. 4, of Subd. 1 of Subsection 1345.04, shall be deemed a transfer for purposes of this Section. licensee is a limited partnership, a change in the limited partners of less than 25 percent cumulatively over the license period, shall not be deemed a transfer. The change in or addition of a vice-president, secretary, or treasurer of a corporation licensee shall not be deemed a transfer. pursuant to this Section shall be effective from July 1 through June 30. If the All licenses issued 1345.11 period not exceeding 60 days, or revoke, any license issued pursuant to this Section upon finding a violation of any provision of this Section or upon violation of any other provision of this Code or State Iav or regulation affecting the activities covered by this Section. suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the licensee of a hearing in accordance vith Subsection 160.16 of this Code. the licensee personally or by mailing it to the business or residence address set forth in the application or on file vith the Clerk. least ten days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. suspend any license pending a hearing on revocation for a period not exceeding 30 Suspension or Revocation of License. The Council may suspend for any Except in the case of a The notice may be served upon The notice shall give at The Council may, without notice, days. 1345.12 Restrictions and Regulations. Subd. 1. Hours of Operation. No business licensed under this Section shall be open for business, and no customers be permitted on the premises, betveen the hours of 1O:OO P.M. and 8:OO A.M. Subd. 2. Minors. No licensee shall permit or allow any person under the age of 18 years to enter the licensed premises. The licensee shall request proof of age of all persons the licensee believes to be under the age of 18 years. Subd. 3. Health and Sanitation. A licensee shall not allow: A. premises having an aperture which is designed or constructed to facilitate sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast(s) between persons on either side of the partition. B. A licensee shall not allow or have on the licensed premises or adjoining areas any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment that have doors, curtains, Any partition betveen a subdivision, portion, or part of the licensed I 8/16/33 297 or portal partitions, unless such booths, stalls, or partitions have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms. Such areas shall be C. inspected the licensed premises and adjoining areas in order to ascertain the source of infection or reduce the spread of communicable diseases. Sanitarian shall have the authority to issue orders to the licensee regarding health and sanitation. The Sanitarian shall have the authority to inspect or cause to be The Subd. 4. Display. No products or merchandise offered for sale or rental by the licensed premises or any activities which occur inside the licensed premises shall be visible from any point outside the licensed premises." Section 6. The City Code is hereby amended to provide a new subsection 1000.11 as follows: wlOOO.ll nudity in: Nudity in Certain Places. No person shall appear in a state of A. Any place or premises licensed as a food establishment pursuant to Section 720 of this Code: B. Any place or premises licensed to sell beer, wine, or liquor pursuant to Section 900 of this Code: C. Any place, room, or rooms to which members of the public are admitted which adjoin and are accessible from places or premises described in paragraphs A. or B. of this subsection except public restrooms as defined in Section 455 of this Code; or, D. Any place, room or rooms where any admission or fee is charged for viewing persons in a state of nudity. For purposes hereof, "nudity" means (i) less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; or (ii) human male genitals in a discernably turgid state, even if completely and opaquely covered. Section 7. This ordinance shall be in full force and effect upon its r4 %t/&a passage and publication. ATTEST : Mayor 7ad"n-.. &dL- City Clerk Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. *BID AWARDED FOR TOSHIBA BD-4010 COPIER Motion was made by Member Paulus and was seconded by Member Rice for award of bid for a Toshiba Copier BD-4010 Copier for the Police Department to recommended low bidder, Wager's Office Systems, at $11,082.31. 8/16/93 298 Motion carried on rollcall vote - four ayes. *ADDITIONAL COST FOR BRASS PLhQUES FOR CAHILI. SE- APPROVED Motion vas made by Member Paulus and was seconded by Member Rice to approve additional cost of $1,800.00 for brass plaques for the Cahill Settlement to James and Company, who was awarded the bid originally. Motion carried on rollcall vote - four ayes. TEEN DANCE PROPOSAL PRESENTED: CITY TO UNDERWRITE CERTAIN COSTS Manager Rosland presented a Teen Dance Proposal from Dawn Kerrison, 6517 Willow Wood Road, requesting authorization to continue the teen dances which have been held in the Lewis Engineering building. At the July 6, 1993 Council meeting, approval was given to support and sponsor the dances with public funds not to exceed $500.00. As proposed, projected expenses for the City would be the underwriting of two police officers and any potential mailings. It is hoped that all information could be sent to the students and families through the school, since dances will take place after school starts. Manager Rosland said he had explained to Ms:Kerrison that the City would not pay to open the sewer line to the building nor would the City hook up heaters to the building. the School District. He added that he believes the teen dance approach is solid in the manner of working with young people and recommended that Council authorize continuance of the teen dance proposal as presented except for physical plant improvements. Use of the school bus garage as an alternate location would be up to Mayor Richards asked if the City would be exposed to liability if Ms. Kerrison acted as an agent of the City. sponsor of the dances and in checking with the City's insurance company the City would be covered for any liability. Member Smithmade a motion to authorize continuance of the teen dances one at a time as proposed, except for any physical plant improvements, with the City underwriting the expense of two police officers and the cost of potential mailings. Manager Rosland said that the City would be the Member Rice seconded the motion. Jay Jaffee, Chemical Health Coordinator for Edina Schools, commented that this is an important piece that goes with the Chemical Awareness Program in the schools. He urged the Council to support and endorse the dances. Member Paulus mentioned three issues: 1) Whether the dances would be a function of the "City" under the City Manager or the Park and Recreation Department, 2) Student council members had called concerned that these dances would undermine school functions, and 3) Additional donations that would cover the total cost of the dances. Ms. Kerrison answered that she had scheduled the proposed dances so as to not conflict with public school functions and they should be considered supplemental to school dances. versus these teen dances is that the teen dances are more controlled with regard to alcohol and tobacco use. She pointed out that the difference between school dances Member verbal Denise Rice stated he would support the proposal because of the written and enthusiasm expressed for the dances to continue. Golden, Edina resident and adolescent therapist, commended Ms. Kerrison for her endeavors in getting the teen dance concept going. She encouraged every aspect of the community to support working together for the common goal of doing positive things for our children. . She emphasized that children do need options 8/16/93 - .. 299 when being told "don't do alcohol, don't do tobacco". Member Smith asked for clarification of item #5 of the proposal that the City would provide for any shortfall. donations of $440.00 have already been received which would at least cover the first dance. the two police officers and the cost of potential mailings. Manager Rosland responded that charitable He reiterated that he believed the City's only liability would be Mayor Richards suggested that Manager Rosland communicate with the Schools regarding the City's sponsorship of the dances. vote on the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards then called for PUBLIC EEARILVG HELD: FNERGY SAVINGS CONTRACT AND LEBSE/PURCHASE AGREEMENT WITH HONEYWELL APPROVFtD on file. Affidavit of Notice was presented, approved and ordered place Manager Rosland recalled that on June 21;1993, Council authorized a letter of intent with Honeywell, Inc. to participate in the Honeywell Municipal Services Program for energy savings. facilities as resource conscious and energy efficient as possible. the guaranteed energy savings contract and a summary of the money that will be saved by the City to do various energy retrofits and pay for the maintenance agreements. Manager Rosland noted that total savings would be $156,715.00. Of this amount approximately $91,000.00 would be in energy savings alone and is guaranteed by the Honeywell contract. He pointed out that Braemar Ice Arena, now almost 30 years old, would be the biggest benefactor from the standpoint of both energy savings and much needed retrofit improvements. The program is designed to make the City's He presented The Honeywell coverage would include: 1. 2. Arena would be under a full maintenance package. and provide maintenance of all energy-driven equipment. Edinborouzh Park and the Golf Dome would have a flex maintenance program, i.e., quarterly check-ups and normal maintenance materials (lubricants, cleaners, belts, fan blades, etc.) to assure proper functioning of the equipment. Honeywell would also provide the energy management program at all three facilities. Honeywell will guarantee 3. Responding to Mayor Richards, Manager Rosland said the contract provides that if the City does not realize the purported energy savings each year of the ten year contract, Honeywell would pay the City for the difference. Member Smith asked what the lease/purchase agreement would provide. Honeywell, Inc., explained that the agreement provides for a one dollar buy-out option by which the City could acquire the equipment at the end of the tenth year. Alex Bisbee, Mayor Richards called for public comment on the proposed energy savings contract and lease/purchase agreement with Honeywell. heard. Member Rice introduced the following resolution and moved its adoption: No public comment or obj ection was aESOLUTION AUTHORIZING TBE EXECUTION AND DETJVERY OF A GUD ENEBGP SAVINGS CONTRACT AND LEASE-PURCHASE OPTION AG- 8/16/93 300 BE IT RESOLVED by the City Council of the City of Ed-, HIinnesota (the "City"), as follows: 1. Recitals and Findinas. Guaranteed Energy Savings Contract (the "Service Agreement") and a Lease-Purchase Option Agreement (the "Lease") vith Honeywell Inc. ("Honeywell"). Under the Lease Honeyrell will furnish certain energy savings improvements (the "Improvements") to the City, and under the Service Agreement Honeywell will provide certain services and guarantees to the City including a guarantee that the energy or operating costs savings to be realized by the City by the Improvements and Service Agreement will meet or exceed the costs of the Improvements. City and submitted to this Council and are ordered place on file in the office of the City Clerk. purchase agreements to finance energy savings improvements and equipment. 2. ADDrOval of Service Aszreement. The forms of the Service meement and Lease hereto filed with the City are hereby approved. hereby authorized and directed on behalf of the City, to execute and deliver the Service Agreement and Lease in substantially the forms hereby approved, but including such modifications, insertions and*additions as are necessary and appropriate in their opinion and in the opinion of the City Attorney. The execution and delivery of the Service Agreement and Lease by the Mayor and City Manager shall be conclusive evidence of the approval of any modifications, insertions and additions thereto. 3. Other Actions. authorized to execute such other agreements and documents and to take such other actions as my be required to carry out the City's obligations under the Service It has been proposed that the City enter into a Forms of the Service Agreement and Lease have been filed vith the The City is authorized by Minnesota lavto enter into lease- The Mayor and City Manager are The Mayor and City Manager and other officers of the City are Agreement and Lease. A Adopted: August 16, 1993. ATTEST : Mayor Member Paulus seconded the motion. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . PARK BOARD APPOIHTHENTS APPROVED Mayor Richards advised that he would recommend appointment of Becky Bennett and Marty Nanne to fill the two vacancies on the Edina Park Board. Member Smith made a motion for consent of the Mayor's appointments to the Park Board as follows: Becky Bennett (replaced Vagnoni) Unexpired term to 2/1/94 Marty Nanne (replaced Thayer) Unexpired term to 2/1/94 Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION ADOPTED AUTHORIZR?G EARLY RETIREMENT INCENTIVE PROGRAM Manager Rosland recalled that at the meeting of August 2, 1993, he had advised Council of options under an early retirement incentive program for public employees passed in the 1993 Legislative Session. The program provided that the City may choose to offer one or both options. increase in pension benefits as this option would have no direct cost impact to the City. legislation. U Staff had recommended the option providing an Council had asked for additional information on the provisions of the 8/16/53 301 He directed Council's attention to a letter dated August 13, 1993, from Attorney Gilligan providing the following information: Minnesota Laws 1993, Chapter 192, Section 108 authorizes local governments to offer an early retirement incentive program to eligible employees. The offering of the program is at the option of the local governing body. Under the program the City may choose to offer one or both of the following options : (i) an increase in the multiplier percentage used to calculate the retirement annuity of 0.25 for each year of service up to 30 years for employees which are PERA basic or coordinated members; or (ii) employer paid hospital, medical and dental insurance for all employees. If the City offers both options, only one of the options may be selected by eligible employees. An employee eligible for the option providing for an increase in pension benefits is any employee who: a) is at least 55 years of age and has at least 25 years of combined service in any state pension plan, or who is at least age 65 with at least one year of combined credit; b) upon retirement is immediately eligible for a retirement annuity from a defined benefit plan; and c) retires on or after May 17, 1993, and before January 1, 1994. The legislation provides that until June 30, 1995, the City may not hire a replacement for a person who retires under the early retirement program "except under position-specific action of the governing body.lt Council authorization would be required prior to the hiring by the City of any replacement to fill the position of an employee who retired under the early retirement incentive plan. Manager Rosland reiterated the staff recommendation of the increase in pension benefits option because it would have no direct cost impact to the City. Member Paulus moved adoption of the following resolution: RESOLUTION AUTHORIZING EARLY RETIREMENT PROGRAM WEEREAS, Minnesota Iaws 1993, Chapter 192, Section 108, authorizes local governments to offer an early retirement incentive program to eligible employees, and WEEREAS, the offering of the program to all eligible employees is at the option of the local governing body: and WEEREAS, under the program the City may choose to offer one or both of the options as provided by Minnesota Laws 1993, Chapter 192, Section 108; NOW, THEBEFORE, BE IT RESOLVED, that the City Council of the City of Edina hereby elects to offer the following option under the early retirement incentive program to all eligible employees: An increase in the multiplier percentage used to calculate the retirement annuity of 0.25 for each year of service up to 30 years for employees which are PERA basic or coordinated members. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . "RUTH IN TAXATION HEARING DATES SET City is required to inform Hennepin County of its Truth in Taxation hearing date(s) by September 15, 1993. Manager Rosland advised Council that the Truth in Taxation hearings may be held anytime 3 02 8/16/93 from November 29 through December 20, except on dates chosen by other governmental bodies. days, but no more than 14 business days after the first public hearing. Member Kelly made a motion setting December 1, 1993, at 7:OO P.H. and December 8, 1993, at 7:OO P.M. as Truth in Taxation hearing dates for the City of Edina. Motion was seconded by Member Smith. Continued hearings must be held at least five business I- - Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. -IC SAFETY REPORT APPROVED seconded by Member Rice to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of August 4, 1993: Installation of a STOP sign on Lynn Avenue at West 40th Street, Installation of a centerline stripe 40 feet south of the driveway at 4920 Suxmyslope Road, Motion vas made by Member Paulus and was 1) 2) to achowledge Section B of the report and, as recommended in Section C, to refer the issue of a policy regarding warning signs for disabled persons to the Edina Human Relations Commission for review and recommendation. Motion carried on rollcall vote - four ayes. LETTER CONCERNING HOURS OF SmAY SALE OF LIQUOR DISCUSSED Daniel Sarno, owner of Two Guys From Italy restaurant, spoke to his letter dated August 12, 1993, concerning the sale of liquor on Sundays before 12:OO noon. on contacting the State Liquor Control Division he was told that Minnesota State Law does indeed prohibit the sale of alcohol on Sundays before 12:OO Noon, but that most cities have a local ordinance that allows restaurants to open and serve at 1O:OO A.M. on Sundays. Brunch which he has done for many years in his other locations. the City to consider holding a public hearing on the issue of enacting an ordinance that would allow restaurants in Edina to serve liquor on Sundays at 1O:OO A.M. rather than 12:OO Noon. ordinances from the cities of Richfield and Bloomington relating to Sunday Sale Licenses that permit alcohol sales before 12:OO noon. He told Council that This allows the restaurants to serve a Champagne Mr. Sarno asked He concluded by presenting copies of . Chief Bernhjelm explained that the Police Department had responded to an inquiry from a resident about the serving of liquor on Sunday before noon by Two Guys From Italy restaurant. An investigation confirmed that the restaurant, together with other licensed Edina restaurants were, in fact, serving alcohol before noon on Sunday. ordinance and were told to stop serving alcohol before noon on Sundays. The restaurants were informed they were in violation of the City's Following discussion on the matter, it was the consensus of the Council: 1) that a letter be sent to all restaurants holding beer and on-sale wine licenses advising them that the City's liquor ordinance prohibits sale of alcohol on Sunday before noon, and 2) that the issue of hours of sale on Sunday be placed on the Council agenda of September 7, 1993, for discussion. COlMUNITY EDUCATION SERVICES BOARD REPRESEMTATION NOTED Council that at the July 19, 1993 meeting, a policy was adopted that City representation on the Community Education Services Board (CESB) include one staff person (Director of Parks and Recreation) and one Park Board Member to be appointed by the Mayor with consent of the Council. This Council action was then communicated to the School District Board. Subsequently, the School District Board has determined to go with a Park Board Member and a member at large instead of a City staff person. Member Kelly reminded *CIAIMS PAID Motion was made by Member Paulus and was seconded by Member Bice to approve payment of the following claims as shovn in detail on the Check Register 8/16/93 3c3 dated,August 11, 1993, and consisting of 29 pages: General Fund $208,419.16; Cammanication $689.74; Working Capital $5,843.34; Art Center $3,875.96; svimming Pool.$8,981.27; Golf Coarse $229,922.07; Ice Arena $18,013.27; Gun Range $468.84; Edinborsagh/CentenniaPLakes $47,863.79; Utility Fund $62,475.97; Storm Serer $5,720.47; Recycling $211.59; Liquor Fund $63,572.37; Construction Fund $32,835.09; IBR #2 Fund $714.00; TOTAL $689,606.93; and for confirmation of payment of the following claims as shown in detail on the Check Register dated August 10, 1993, and consisting of 16 pages; General Fund $183,163.27; Conminication $12.750.00; Golf Course $387.17; Edinborough/Centennial Lalras $14.48; Utility Frmd $821.54; Liquor Fund $240,183.79; Construction Fund $15,643.97; TOTAL $452,964.22. I Motion carried on rollcall vote - four ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:20 P.M. City Clerk l!nmTEs OF THE SPECIAL MEETIIUG OF TBE EDIHB CITY COUNCIL HELD AT CITY HALL AUGUST 23, 1993 - 7:OO P.H. R0Z;LCBLL Answering rollcall were Members Kelly, Rice, Smith and Mayor Richards. DRAFT 1994 BUDGET REVIEW Mayor Richards stated that the purpose of this special meeting was to continue the public hearing on the proposed 1994 Budget for further comment by the Council Members or testimony and comment by the public. no public in attendance, it was the consensus of the Council that a notice be published in the Edina Sun-Current advising citizens to express their opinions on the proposed 1994 Budget at the regular meeting of the Council on September 7, 1993, at which meeting the Council must adopt a preliminary budget and tax levy. There being Member Smith then made a motion to adjourn the meeting. Member Kelly. Motion was seconded by Ayes: Kelly, Rice, Smith, Richards Motion carried. Meeting adjourned at 7:07 P.M. %dA 2. LLL City Clerk