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HomeMy WebLinkAbout19940103_regular128 MINUTES OF THE REGULAR MEETING OF THE ED3X.A CITY COtJHCIL HELD AT CITY EALL JANUARY 3, 1994 ROLTXALL Answering rollcall were Members Kelly, Paulus, Richards. CONSENT AGERDA ITE3S APPROVED Hotion was made by Member by Member Kelly to approve and adopt the Council Consent presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Rice, Smith, and Mayor I Smith and was seconded Agenda items as *HIETUTES OF REGULAR COUNCIL MEETING OF DECEMBER 20. 1993, APPROVKD Motion was made by Member Smith and was seconded by Member Kelly to approve the Pliwtes of the regular Council meeting of December 20, 1993. Motion carried on rollcall vote - five ayes. APPEAL OF ZONING BOARD OF APPEAIS DECISION WITHDRAWN - VARIANCE. FOR SATELLITE . ANTE2WA AT 5712 DEVIIXE DRIVE Mayor Richards reported that at 4:05 P.M. this date a letter dated January 3, 1994, was received from the proponent, Dede Yurecko, 5712 DeVille Drive, stating that they intend to withdrawal their variance for a satellite antenna. As requested, Mayor Richards said this matter would be removed from the Council Agenda. ZONING BOARD OF APPEAIS DECISION UPHEIlD FOR VARIAHGE FROM CODE SECTION 850.17 SWD. 11 TO AILOW DEXELOPMEXC OF PUTTED LOT UITHOUl! REQUIRED 30 FEET OF FRONTAGE 16508 STAUDER CIRCLE) Presentation bv Planner Associate Planner Aaker stated that the subject property is generally located north of Stauder Circle and east of Londonderry Road. The property owners are requesting a variance from the minimum 30 feet of frontage requirement to allow development of a legally platted lot that is landlocked from a public right of way. Parkwood Knolls Addition and which is addressed as 6508 Stauder Circle. The Parkwood Knolls subdivision was platted in 1948 and included access to Lot 8 by frontage occurring along Stauder Circle. Knolls 9th Addition which reconfigured Stauder Circle, eliminating right of way frontage and access to Lot 8. reconfiguration was not meant to cut off access to Lot 8. 26, 1960, from George C. Hite, Planning Director at the time, indicated that access to Lots 7 and 8 to public right of way would have to be provided by deed. The letter is evidence that the City acknowledged the need to maintain access to Lot 8. I The lot in question is part of a parcel which includes Lots 7 and 8, In 1960, the City approved Parkwood It is evident, however, that approval of the A letter dated July The applicant has submitted a concept plan for the development of lots directly west of the subject property. proposed to be provided access via a private drive from Parkwood Road. line rearrangement would be addressed through the lot division process and is not part of the variance request. by the Board. gained via a shared driveway from Stauder Circle. applicant that the proposed private drive would reduce required grading or minimize loss of significant trees. from Stauder Circle would create the least amount of impact on the subject lots and the surrounding neighborhood. The plan was submitted to give the Zoning Board of . Appeals an indication of the developer's intention. All of the new homes are The lot However, access to Lot 8 was the issue addressed I The Board believed that access to Lot 7 and 8 could be easily They did not agree with the The Board did believe that a shared driveway 1/3/94 129 At their November 18, 1993, meeting the Zoning Board of Appeals heard and approved the applicant's request for a variance to allow development of a platted lot without the required 30 feet of frontage. following conditions: 1) a recorded access easement agreement affecting the subject Lots 7 and 8 from the Stauder Circle right of way, and 2) a recorded hold harmless agreement releasing the City from liability for incidents and circumstances arising from the lack of frontage. appealed the request to the Council due to the conditions imposed. Planner Aaker noted that staff had received phone calls from 6617 Parkwood Road in opposition to the request and also from 5712 Newport Drive against the Parkwood Road access. Appeals unanimous decision of the variance approval with the conditions imposed. The approval was subject to the The applicant has since Associate Staff would recommend upholding the Zoning Board of Member Kelly asked for clarification of the variance request and if there is the potential for replatting. proponent is asking for is a variance to allow development of landlocked Lot 8. Any lot line rearrangement would require a lot division which the proponent is not seeking at this time. Member Kelly also asked if the requested access from Parkwood Road would affect drainage and delivery of emergency services. Associate Planner Aaker said there is a grade change of approximately 40 feet from Parkwood Road to Stauder Circle and that the question of drainage should be addressed by the City Engineer. restrictions would apply if there are three or more homes on a cul-de-sac. Associate Planner Aaker responded that what the Chief Paulfranz answered that fire code Presentation bv Proponent Beth Erickson, 5501 Londonderry Road, shared history of the subject property, known as the Winn Stephen house, which they purchased one year ago. kept the interior Lot 8 with lilacs and apple trees and promoted maintenance of the small lake. She said that in early 1951, the house at 5501 Londonderry was built and has been maintained as a landmark property for some 40 years. they purchased this house and in 1980 they began a project of returning the manicured lawns to a natural environment. court for their family on the interior of the two lots. longer serves a useful purpose for their family, it seemed logical to use the playing surface area for the new driveway because of the topography. that the overall driveway grade would qualify as a handicap access. Further, that a driveway from Stauder Circle would be a much steeper grade, and not appropriate for Minnesota. The proposed driveway from Parkwood Road would provide a long gradual decline at an approximate eight percent grade. Erickson said their goal is to preserve and market their current house and to build a smaller empty-nest house on Lot 8. She added that they have looked at many alternatives that would best suit the subject property and their personal needs. their neighbors and have invited them to use the natural areas. Mr. Stephen In 1977 Mrs. Erickson said they built a tennis As the tennis court no She added Mrs. They have planned and spoken about their plans for the land openly with Presentation bv DeveloDer Jeffrey M. Schoenwetter, JMS Development Corporation, introduced Gar Hargens and Bob Close, architects for the project. Mr. Schoenwetter said the issue is how best to create the most appropriate access to the interior Lot 8 and their approach would create a very reasonable grade. He answered concerns about emergency services by noting that Lot 8 has a fire hydrant in close proximity. Also, there is an emergency access that was once intended to be the extension of Stauder Circle. In response to neighborhood concerns about future development, Mr. Schoenwetter said that the concept plan does not represent any specific design plan or application, but was done at the request of the City Planner as a "worst case" density for the future. platted lots in the immediate area with potential for five homes, based on City He said there would never be more than five existing 1/3/94 130 Code requirements. significantly change or impact existing traffic in the neighborhood. concerns that driveway grading would mean tree loss and a less sensitive approach to protecting the existing natural environment, Mr. Schoenwetter said that two tree experts have visited the site and examined the trees on the property to best provide access and preserve the healthy trees. be required for access from Parkwood Road. Access off Stauder Circle would twice exceed the grade allowed by City Code and very few vehicles could climb that on a snowy Minnesota day. In conclusion, Mr. Schoenwetter said the sight line for the immediate neighbor would be greatly improved because the tennis court and fence would be eliminated together with the satellite dish. private drive that would be sheltered by the topography would be a major improvement. As to traffic, he said one additional home would not Regarding I . Also, virtually no grading will Further, that the small Bob Close, Close Architects, presented boards illustrating the site plan, site survey and cross sections of the subject property. He pointed out three trees that would need to be removed for the private drive and turnaround area. addition, some trees would be removed for the footprint of the proposed house. The proposed drive would follow the tennis court area and then at the north/south cross slope approximately six to seven feet of grade cutting on the north side will be required and about one foot of cut on the south side. grading would minimize loss of trees and would put vehicles below the sight line from the home to the north. Mr. Close pointed out that the pond elevation is 894 and the elevation of the existing home at the top of the hill is at 944 with the existing house at 920, or approximately 50 feet of grade change. to keep the driveway in an unobtrusive location for the neighborhood. driveway would be designed so that drainage would occur longitudinally in the small channel area. developed but he believed that drainage could be handled over land without the need for culverts. Gar Hargens, Close Architects, pointed out that the major grading cut occurs only at one location with the remaining grading very natural to help with drainage and general acceptance of this roadway in that area. together with the row of existing evergreen trees, would provide a buffer for the home to the north. In The proposed The intent is The Mr. Close noted that a detailed drainage plan has not been I This most dramatic grade cut, Mayor Richards then called for public comment and informed the audience that all correspondence received regarding the variance appeal has been made available to the Council. Public Comment Bill Gearhart, 6509 Parkwood Road, stated that he is the neighbor most influenced by this development. He said he and his wife, Deborah DUOOS, are strongly opposed and were shocked that a 375 foot driveway through their backyard was proposed and were appalled when attending the Zoning Board of Appeals meeting that this driveway could provide access for up to five houses. He said the entire neighborhood feels that the Board's recommendation was appropriate because it relieves the hardship created by this landlocked property, that it was well thought out and was consistent with other precedents that have been established by other proposals in the City. Mr. Gearhart argued that to go against that now, which is a clear alleviation of a hardship for the subject property, would place a hardship on his property. driveway would clearly diminish their property value and in addition would diminish their family life. ordinances and State Statute which states that a variance cannot be granted where it would create a hardship to another property. In talking with real estate experts, he said the To allow the proposal would be in violation of City I John Rossman, 5505 Knoll Drive, said that the neighborhood should be preserved as 1/3/94 131 it exists, e.g. upper level homes with a lot of character. He asked Council to uphold the Board's decision and not allow a wonderful neighborhood to be subdivided. Molly Marinovich, 6517 Stauder Circle, expressed strong opposition to the proposal which would be just across the street. the new homes were allowed to be accessed by the driveway from Parkwood Road, that she would be facing the potential of looking at the rear of those houses with possible six or seven foot fences. inappropriate and would impair the value of her home as well. Ms. Marinovich said a second concern was potential tree loss if the driveway was extended. urged the Council to support the Board's decision. She said her concerns were, if Aesthetically, that would be She Lisa Fish, 5408 Larada Lane, voiced concern with the location and safety of the proposed driveway off of Parkwood Road because of the children in the area. access point is on a blind corner going up a hill and not a good location for vehicles exiting onto Parkwood Road. From the traffic study in the Countryside area, she said that homes of this size average 12/13 trips per day resulting in the potential for 60 to 65 cars coming in and out of the proposed driveway per day. She asked that access be from the other side and that a new road in the neighborhood be prevented. The John Marinovich, 6517 Stauder Circle, said he respected the need for the Ericksons to develop the property, but was concerned that if the proposed driveway is approved for access to Lot 8 it could be continued to serve the other lots owned by the Ericksons. He suggested that if the lots are developed they be developed as platted with driveways and houses facing Stauder Circle and that the access for Lot 8 also be from Stauder Circle. Mr. Marinovich cautioned that the proposed home on Lot 8 may be built closer to the pond resulting in a driveway longer than the proposed 375 feet. Paul Cramer, 6512 Parkwood Road, reiterated the concerns about traffic safety if the driveway is off of Parkwood Road and said he opposed the development. Dennis Caslavka, 4716 Baycliffe Drive, Excelsior, told Council that he has been a real estate broker for 13 years and has handled many upper bracket real estate transactions. said his experience has been that, generally, in areas like this when more expensive homes are built it seems to increase the value of surrounding homes. Regarding concerns about devaluing neighborhood properties, he Robert Kaatz, 6505 Parkwood Road, said he has no objection to anyone owning land and wanting to sell it for the best possible price. property abuts Lot 5 and there is a natural ravine caused by erosion that is approximately 25 feet deep and extends for 50/85 feet and is dangerous. expressed concern for children which explore in that area and for the potential of the children using the proposed driveway to cut through to Stauder Circle. Mr. Kaatz observed that there is a 75 foot drop from the level of his home to the lake which he saw as a tremendous problem. He said a major responsibility of the Council was to look out for the future of the community. He explained that his He Bill Hatch, 6505 Parkwood Road, said the nature of the neighborhood should be preserved and that this proposal does not do that. proposed driveway would not be a safe access and would exacerbate the problem of traffic coming from the corner of Parkwood and Londonderry. He said access from Stauder Circle would be much safer. Additionally, no houses in the neighborhood back up to a roadway, and if access is granted from Parkwood Road the new houses would be sited differently and would negatively impact existing homes. He expressed concern that the Mrs. Erickson, proponent, reiterated that the concept plan submitted for 1/3/94 132 development of the lots was one of many considered and was presented at the request of the Planning staff as to potential maximum development and should not be considered as final. Circle it would minimize the beautiful lake view from the existing Stephen house. As to the concern for rear facing houses onto Stauder Circle, Mrs. Erickson said that is not part of the variance issue before the Council but has to do with building permits when potential owners decide on what type of house they want to build. natural drainage areas and said they would be preserved. If the driveway for Lot 8 were to come in from Stauder Regarding the concern about drainage, she pointed out the existing Council Comment/Action Mayor Richards clarified that the Board of Appeals approved granting the requested variance, subject to a recorded access easement agreement from Stauder Circle instead of via a private driveway from Parkwood Road as proposed and subject to a recorded hold harmless agreement. appealed to the Council for final decision. Member Kelly said this was a difficult issue because the five lots owned by the Erickson family are legally platted lots. access to Lot 8 from Parkwood Road should not be denied them. The Board's decision was then Because of the topography, she felt Meniber Kelly made a motion to grant the variance to allow development of platted Lot 8 without the required 30 feet of frontage, subject to the following conditions: 1) that access be off Parkvood Road, and 2) a recorded hold harmless agreement releasing the City from liability for incidents and circumstances arising from the lack of frontage. Motion failed for lack of second. Member Smith made a motion to uphold the Zoning Board of Appeals decision to grant the variance to allow development of a platted lot without the required 30 feet of frontage (6508 Stauder Circle), conditioned upon: 1) 8 recorded access easement agreement affecting the subject lots from Stauder Circle right-of-way, and 2) ZL recorded hold harmless agreement releasing the City from liability for incidents and circumstances arising from the lack of frontage. seconded by Member Paulus. Motion was Mayor Richards commented that, were this property to come before Council today for orderly land use planning, the proposal as presented would not receive approval. Lot 8 it would be from Stauder Circle, instead of from Parkwood Road. For those reasons, in addition to those expressed by the Zoning Board of Appeals, Mayor Richards said he intended to support the motion. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. In 1960, it was envisioned that if there was ever a need for access to *HEARING DAm SET FOR PUNNING HATTERS Motion was made by Member Smith and vas seconded by Member Kelly setting January 18, 1994, as hearing date for the following planning matters: 1. Preliminary Plat Approval - Fink Addition (6520 Interlachen Blvd) 2. Preliminary Plat Approval - Holly Hill Estates (Lot 1, Block 1, Taft Addition - 5020 Blake Road) Motion carried on rollcall vote - five ayes. I OBDIHAHCE NO. 1993-14 (AMEWlING ED= CODE SECTION 1000 TO PROHIBIT INTIIlYTION4L FEEDING OF DEER) AllOPTED ON SECOND READING Assistant Manager Hughes reminded Council that at the December 20, 1993, meeting First Reading was granted for Ordinance No. 1993-14 - An Ordinance Amending Section 1000 of the City Code to Prohibit the Intentional Feeding of Deer. received concerning the effective date of the ordinance. Since then, several phone calls were Several callers stated 1/3/94 933 that it may be inhumane to discontinue artificial feeding in the middle of the winter. ordinance were implemented now, it would be appropriate to delay implementation until spring. The proposed ordinance has been modified to provide an effective date of May 1, 1994. Assistant Manager Hughes recalled that on December 20, 1993, some individuals encouraged the City to allow bow hunters to take part in the population reduction program. One resident noted that such a program exists in the City of Minnetonka. In checking with Minnetonka officials, Chief Bernhjelm has found that the City of Minnetonka does not permit public hunting of deer in any manner. Staff would not recommend the use of bow hunting to control the deer population in Edina. Deer selected for removal must be dealt with as quickly and humanely as possible, and sharpshooters using rifles with telescopic sights are able to achieve nearly instantaneous kills on a consistent basis. depends upon the public's perception that Edina's deer population is being managed as carefully and humanely as possible. He said, although it is doubtful that deer would starve if this Success of the program Member Smith said that he would support the ordinance but was still troubled by the sharpshooting concept for controlling deer. seemed counterproductive to postpone the prohibition on intentional feeding while implementing the deer control program at this time. Member Paulus commented that it Member Smith moved Second Beading and adoption of Ordinance Lpo. 1993-14 as follors, to be effective upon publication: ORDINANCE NO. 1993-14 611J ORDINANCE AHENDING SECTION 1000 OF THE CITP CODE TO PROHIBIT THE INTIDITIONCLL FEEDING OF DEER THE CITY COUNCIL OF THE CITY OF EDINA ORDAJXS: 1000.12 as follows: Section 1. w1000.12. Intentional Feeding of Deer. Subd. 1. Feeding Prohibited. No person shall feed deer within the City. For purposes of this subdivision, feeding shall mean the provision of one half cubic foot or more of grain, fruit, vegetables, nuts, hay or other edible material either on the ground or at a height of less than five feet above the ground, in a manner that attracts deer. Living food sources such as trees and other live vegetation shall not be considered as deer feeding. The City Code is hereby amended to provide a new subsection Subd. 2. Exception. The provisions of Subd. 1 of this subsection shall not apply to the employees or agents of the City, the County, the State, the Federal government or veterinarians uho in the course of their official duties have deer in their custody or under their management." Section 2. and publication. This ordinance shall be in full force and effect upon passage c ATTEST : City Clerk Motion for adoption was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. 1/3/94 134 *RESOLUTION ADOPTED IlU SUPPORT OF APPLICATION FOR SKRVICE BUDGET MANAGEMENT MODEL GRANT (HIGH-SPEED BUS) Member Kelly for adoption of the follaving resolution: Motion vas made by Member Smith and vas seconded by I RESOLUTION IN SUPPORT OF AN APPLICATION FOR SERVICE BUDGET WLNAGELIEHT MODEL GRAXC WHEREAS, reducing congestion on highways and local streets is a high priority for communities throughout the metropolitan area; and WHEREAS, the cities of Edina, Richfield, Prior Lake, Savage, Bloomington, Apple Valley, Eagan, Rosemount, Lakeville, Burnsville, the LIianesota Valley Wansit Authority and Dakota County have joined in an effort to provide plarming and implementation services related to a high speed bus effort; and WHEREAS, the Board of Government Innovation and Cooperation has requested grant proposals from local units of gavernment; and WEEREAS, the High Speed Bus Project clearly qualifies for the grant as indicated by the criteria established by the Board of Government Innovation and Cooperation. NOU, TEEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follovs: Section 1. application form for service budget management model grant. Section 2. consideration of this grant request. Adopted by the City Council of the City of Edina this 3rd day of January, 1994. That the City Manager is hereby authorized to execute an That the Mayor and City Council hereby encourage favorable Motion carried on rollcall vote - five ayes. *RESOLUTIOH ADOPTED DESIGNATING DIRECTOR/AL"ATE DIRECTOR OF SUBURBAN RATE AUTHORITY adoption of the following resolution: Motion was made by Member Smith and was seconded by Member Kelly for I RESOLUTION DESIGNATING DIRECTOR AND ALTQWATE DIRECTOR TO SU'BUREAN RATE AUTHORI'lT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: John C. Uallin is hereby designated to serve as a Director of the Suburban Bate Authority, and Eric R. Anderson is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 1994 and until their successors are appointed. Motion carried on rollcall vote - five ayes. *RESOLUTION ADOPTED DESIGNATING DIRECTOR/ALTEENATE DIRECTOR OF LOGIS Motion vas made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: RESOLUTION DESIGNATING DIRECTOR AND &"ATE DIRECTOR TO LOGIS BE IT BESOLVED by the City Council of the City of Edina, Minnesota as follows: John C. Uallin is hereby designated as a Director of LOGIS and Kenneth E. Rosland is hereby designated as Alternate Director of =IS for the year 1994 and until their successors are appointed. Motion carried on rollcall vote - five ayes. *RESOLUTION ADOPTED DESIGNATING OFFICIAL J!JEUSPAPER FOR 1993 Motion was made by Member Smith and vas seconded by Member Kelly for adoption of the follouing resolution: BE IT RESOLVED by the Ed- Ciw Council that the Edina Sun-Current be and is hereby designated as the Official Newspaper for the City of Edina for the year 1994. RESOLUTIOBI DESIGNATING OFFICIAL NEWSPAPER Motion carried on rollcall vote - five ayes. 'ksIGNATORY RESOLUTION ADOPTED Motion was made by Member Smith and was seconded by Member Kelly for adoption of the folloring resolution: - 1/3/94 135 SIGHBTOBY RESOLUTION 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, Noruest Bank Minnesota NA and National City Bank/Southdale Office (hereinafter referred to as the "Bank") from time to time and until written notice to any Bank to the contrary, to sign checks against said accounts, which checks will be signed by the Mayor, Manager and City Treasurer. 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. Each Bank is hereby authorized and directed to honor Motion was carried on rollcall vote - five ayes. *FACSIMLE SIGNATURES RESOLUTION ADOPTED seconded by Member Kelly for adoption of the following resolution: Motion was made by Member Smith and vas RESOLUTION ADOPTED ATORIZING USE OF FACSIMILE SIGNATURES BY PWLIC OFFICIAIS RESOLVED that the use of facsimile signatures by the following named persons: FREDERICK S. RICHBBDS - Mayor KEL(sL(IETH E. ROSIAND - City Manager JOHN UAIJJN - Treasurer 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, Noruest Bank Minnesota NAD and National City Bank/Southdale Office, 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 drawn as fully as though it bore his mawally 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. Motion carried on rollcall vote - five ayes. *RESOLUTION ADOPTED DESIGNATING DEPOSITORIES FOR PWUC FUNDS OF THE CITY vas made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: BE IT RESOLVED that the First Bank National Association, Minneapolis, HN, Americana State Bank of Edina, HN, Fidelity Bank, Edina, HN, Noruest Bank Minnesota NA, Edina, HN and National City Bank/Southdale Office, Edina, HN, 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 Hennepin, Minnesota, until January 1, 1995. Motion RESOLUTION DESIGNATING DEPOSITORIES Motion carried on rollcall vote - five ayes. *1994 RECYCLING GRAN!T APPLICATION RESOLUTION ADOPTED Smith and vas seconded by Member Kelly for adoption of the following resolution: RESOLUTION WEEREAS, Pursuant to Minnesota Statute 115A.551, whereby each county in the metropolitan area has as a goal to recycle a minimum of 35 percent (35%) by weight of total solid waste generation, and each county must develop and implement or require political subdivisions vithin the county to develop and implement programs, practices, or methods designed to meet its recycling goal: and WEEREAS, Pursuant to Minnesota Statute 115A.552, counties shall ensure that residents have an opportunity to recycle; and VBEBEhS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and Motion vas made by Member - 1/3/94 .. 136 UHEREAS. in September, 1992, the County adopted a Hennepin County Residential Recycling Funding Policy effective January 1, 1993 through December 31, 1997. to distribute funds to cities for the development and implementation of vaste reduction and recycling programs; and UHEREAS, to be eligible to receive these County funds. cities must meet the conditions set forth in the "Funding Policy;" and VHEBEhS, the City of Edina desires to receive these County funds; THEBEFOBE, BE IT RESOLVED that the Edina City Council authorizes the submittal of the 1994 micipal Recycling Grant Application, Eennepin County Residential Recycling Program; and BE IT FURTHER BESOLVED that the City vi11 use such County funds only for the limited purpose of implementing the City's vaste rettuction and recycling program. Motion carried on rollcall vote - five ayes. I MOSOU LETTER CONCERNING CABLE TELEVISION NOTE3 Mayor Richards referred to a letter dated December 22, 1993, from Larry Mosow, 6877 Langford Drive, expressing concern that since deregulation cable television companies have either increased their rates or cut back on channels. with Paragon Cable for better rates. As Council representative to the Southwest Suburban Cable Commission (SWSCC) , Member Smith said SWSCC is looking at all comments from citizens and asking counsel to provide information as to the new regulations for cable television. He said he would take Mr. Mosow's letter to the Commission and bring back comment for a response. He suggested that the Council negotiate WINE ORDINAHCE REO-S DISCUSSED Chief Bernhjelm recalled that at the last meeting Member Smith had raised the question of ordinance requirements that food be served with wine. Code Subsection 900.07, Subd. 1 states: "No person shall be sold, served or consume wine who does not order a meal. The licensee shall advise all patrons of the requirements of this Subd. 1 either through placards displayed in the restaurant or notices contained in the menu and wine list". Chief Bernhjelm pointed out that in the definition section "meal" is defined as "Entrees and sandwiches offered on a restaurant menu". He said this becomes an enforcement problem because this requirement is contrary to what goes on in the restaurant industry. This concept is particularly hard for national restaurant chains to understand. restaurants in different cities having different ordinances. relatively good with inspections regarding core issues, e.g., underage service and serving persons who are intoxicated. indicated that it may be difficult to cite someone who ordered only an appetizer as their meal or main course. Wait staff is confused when transferring between Compliance has been The City's Prosecuting Attorney has Member Smith said that twice recently, at the same restaurant, he personally was told that if he ordered bread sticks he could be served a glass of wine. Richards suggested that the licensed restaurants be contacted and told of the intent of the ordinance requirements. be issued citations. interpreting the ordinance. COUNCIL MEETING DATE CEANGED TO WEDNESDAY SEPTEMBER 7. 1994 suggested that since the scheduled Council meeting on September 6, 1994, falls on Rosh Hashanah, it be changed to Wednesday, September 7, 1994. Mayor Restaurants that then do not comply should Member Rice observed that common sense has to prevail in Mayor Richards Member Paulus made a motion setting Wednesday, September 7, 1994, as the first regular Council meeting for September. Motion was seconded by Member Smith. 1/3/94 137 Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PURCHASING POLICIES AND PROCEDURES REPORT PRESWTED: FOI;UIW-UP REPORT M BE GIVEN OH FEBRUARY 22. 1994 December 28, 1993, from Manager Rosland regarding Purchasing Policies and Procedures. These Purchasing Policies and Procedures were approved by the City Council on November 18, 1991, and were prepared by Attorney Erickson based upon the requirements of the law and the recommendations of the Finance Department. Manager Rosland's memorandum stated that while the established procedures are up to date and do not require modification, except for last year's law change concerning sales tax exemption, the procedures must be more emphatically communicated to all employees. Manager Rosland had indicated the steps that would be undertaken to reinforce compliance. Assistant Manager Hughes presented a memorandum dated Member Smith asked that a follow-up report be brought back to the Council on February 22, 1994, when the City Manager would be in attendance. WIAIIE PAID approve payment of the following claims as shown in detail on the Check Register dated December 30, 1993, and consisting of 12 pages: General Fund $116,984.66; Communication $9,344.17; Working Capital $490.00; Art Center $2,962.95; Golf Course $20,961.19; Ice Arena $3,298.09; Gun Range $201.00; Edinborough/Centennial Lakes $9,397.20; Utility Fund $262,830.15; Liquor Fund $14,787.61; TOTAL $441,257.02. Motion vas made by Member Smith and vas seconded by Member Kelly to Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:45 P.M. -2tA3 &k City Clerk