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HomeMy WebLinkAbout19950807_regularMINUTES OF THE REGULAR MEETING OF THE EDlNA CITY COUNCIL HELD AT CITY HALL AUGUST 7,1995 ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith and was seconded by Member Kelly to adopt the Council Consent Agenda as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF JULY 17, 1995, APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the Minutes of the Regular Meeting of July 17, 1995. Motion carried on rollcall vote - five ayes. VACATION OF DRAINAGE AND UTILITY EASEMENT REQUEST WITHDRAWN FOR LOT 7, BLOCK I, INDIAN HILLS THIRD ADDITION (6301 TIMBER TRAIL) Planner Larsen reported that the request for the vacation of a drainage and utility easement for Lot 7, Block 1 , Indian Hills Third Addition at 6301 Timber Trail, was withdrawn by the contractor. *HEARING DATE SET FOR PLANNING MATTER Motion was made by Member Smith and was seconded by Member Kelly setting August 21, 1995, as hearing date for the following planning matter: I) Motion carried on rollcall vote - five ayes. Final Development Plan - 5625 West 78th Street - Precision Gasket Company. *HEARING DATE SET FOR PLANNING MATTER Motion was made by Member Smith and was seconded by Member Kelly setting September 5, 1995, as hearing date for the following planning matter: Overall Development Plan Amendment - Parcels E and F, Centennial Lakes, United Properties. I I) Motion carried on rollcall vote - five ayes. FIRST READING GRANTED FOR ORDINANCE NO. 1995-4 -AN ORDINANCE GRANTING A MNTY YEAR FRANCHISE TO NORTHERN STATES POWER COMPANY Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Attorney Attorney Gilligan reported that staff negotiated a new twenty year franchise ordinance with Northern States Power Company (NSP) which permits the City to impose a franchise fee. The fee would be based on a monthly charge per meter up to a maximum amount for each customer classification as set forth in the ordinance. The ordinance contains an escalator clause permitting the maximum monthly meter charge to increase based on increases in electric rates. The remaining provisions of the franchise ordinance are based on the model ordinance of the Suburban Rate Authority previously negotiated with NSP and subject to minor modifications. The NSP franchise expired in May. NSP has agreed, in a separate letter, if the new franchise is granted by the City, NSP will indemnify the City on the same basis as provided in the franchise ordinance during the period from the expiration of the prior franchise until the effective date of the new franchise. Attorney Gilligan explained a franchise fee of approximately $500,000 annually could be realized by the Page I MinuteslEdina Citv CouncillAucrust 7,1995 I City. The fee would be based upon NSP's present custom classifications. If the Council wishes to impose a franchise fee, this would need to be done by a separate ordinance. Adoption of the franchise ordinance would not impose a franchise fee. Imposition by the City of a franchise fee would be subject to approval by the Minnesota Public Utilities Commission and if a franchise fee is imposed on NSP, the City would be required by the franchise ordinance to impose a franchise fee of at least an equivalent amount on Minnegasco. Attorney Gilligan pointed out that NSP would not agree to a franchise fee which was based on a percentage of gross revenues unless the franchise ordinance contained provisions protecting NSP against potential loss of customers. A franchise fee was then negotiated to be based on a meter charge. Provisions proposed by NSP essentially eliminated the franchise fee if NSP was no longer the exclusive provider of electricity in the City and eliminated the franchise fee for any customer being charged a Public Utilities Commission (PUC) approved discounted electric rate. NSP insisted on these provisions because of the potential for deregulation of the electric industry which would permit other utilities to sell power to NSP's customers to be transmitted over NSP transmission lines. This practice is commonly referred to as "retail wheeling" and the City may not legally be able to collect from the other utility a franchise fee for power sold to customers in the City which is transmitted over NSP lines. NSP voiced concern with being placed at a competitive disadvantage if it were subject to a franchise fee but the other electric utilities selling electricity in the City were not. The franchise fee being based on a meter charge alleviated the concerns of NSP. Council commenVaction Mayor Richards asked where the franchise fee would go and if it would affect taxes. Attorney Gilligan said the fee would go into the General Fund and would be a surcharge on the consumer's bill. Mayor Richards asked if NSP could add additional charges at a later time to make more of a profit. Stu Fraser, NSP, said any expenses incurred by NSP in the collection of this fee would be taken from the sums given to the City. This is approved by the PUC and NSP would have no option to increase their fee arbitrarily, only the City Council could do that. Mayor Richards inquired who would regulate what would be taken out of the collected fee. Mr. Fraser answered that the City could monitor the fee from information provided on the check. Mayor Richards asked how many cities in the metropolitan area have adopted this approach. Mr. Fraser answered approximately 10 - 12 cities have chosen to impose the fee, including Minneapolis and St. Paul. I Member Smith asked why fees weren't based on volume per kilowatt hour. Attorney Gilligan explained that negotiations with NSP portrayed concern that they would lose their competitive edge if their customers were charged a franchise fee and therefore the charges were based on a meter charge. Member Smith asked if this method could be changed in the future. Attorney Gilligan stated that if the franchise ordinance is adopted it would be for a period of 20 years and NSP would need to agree to any change. Member Smith asked clarification of language regarding classifications in the ordinance. Mr. Fraser explained that franchise fees are based on general revenues and not on a class of service. Classes of service and charges for these classes are established and therefore are listed within the ordinance. Member Kelly inquired whose responsibility it is to pay for a requested street light. Engineer Hoffman explained if a NSP pole exists, a light could be added with no installation charge. The City would pay the monthly power bill within the street lighting program. If no pole exists, residents must petition the City for installation. NSP would be contacted for installation and charges assessed to the residents. Street lights do not have meters so no franchise fee would apply to them. Member Paulus asked clarification of charges for residents. Attorney Gilligan said the maximum amount charged by separate ordinance would be: $1.25 for residential per month Page 2 MinuteslEdina Citv CouncillAunust 7,1995 $4.50 for small commercial industrial per month with no demand charge $10.00 for small commercial industrial per month with a demand charge and $65.00 for large commercial industrial per month Member Maetzold commented that no mention was made of this ordinance being a renewal of a franchise with NSP, that expired in May 1995. He suggested reference be made to the fact that this ordinance picks up where the previous franchise left off. Attorney Gilligan suggested inclusion of a preamble stating this even though this is a new franchise and is technically not a renewal. Member Smith questioned whether an apartment was considered residential. Mr. Fraser answered charges are based on how a building is metered. One building with 12 units and one meter would be a commercial customer while one 12 unit building with 12 meters each unit would be charged as one residential customer. Mayor Richards said his sense of the franchise is that apartment rates are regulated by the PUC and he would not support the City being involved in regulation of rates. Inquiring into how rates are determined from a regulatory aspect would be acceptable, however. Mayor Richards called for public concern or comment. No comments were received. Member Smith moved First Reading of Ordinance No. 1995-4, An Ordinance Granting a Twenty Year Franchise to Northern States Power Company, as presented with addition of a preamble stating the new ordinance is a continuance of the franchise that expired in May, 1995, and on file in the office of the City Clerk. Ayes: Kelly, Maetzold, Paulus, Smith, Richards First Reading Granted. ORDINANCE NO. 1995-6 ADOPTED - AN ORDINANCE PROVIDING TECHNICAL CORRECTIONS TO THE CITY CODE Assistant Manager Hughes reported that on July 17, 1995, the City Council granted First Reading to the subject ordinance. At that time, the Council directed that certain changes be made to Section 14 of the Ordinance Amendment clarifying: At this time, these changes have been incorporated into the ordinance. Staff would recommend adoption of Ordinance No. 1995-6. I) 2) The use of golf course lawn mowers and snow removal equipment and Permitted construction activities on public streets and highways. Mayor Richards called for public comment. No comment or concerns were received. Member Maetzold moved second reading and adoption of Ordinance No. 1995-6 as follows: ORDINANCE NO. 1995-6 AN ORDINANCE PROVIDING TECHNICAL CORRECTIONS TO THE CITY CODE THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. following fee: - SEC SUBSEC Schedule A of Section 185 of the City Code is amended by adding the PURPOSE OF FEEKHARGE AMOUNT FEE NO 410 410.02, Subd. I Plan Review 65% of Permit Fee 37A Page 3 MinuteslEdina City CouncillAunust 7,1995 D Section 2. Subsection 300.01 of Section 300 of the City Code is amended by providing "Commercial Kennel. A place where more than three dogs or other animals over six months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming dogs or other animals is conducted." a new definition of the following term: Section 3. Subd. 2 of Subsection 430.03 of Section 430 of the City Code is amended by "The Building Official may grant a license limited to the installation of mechanical fireplace systems by persons who are competent in the installation of such systems." adding the following sentence: Section 4. Subd. 2 of Subsection 460.02 of Section 460 of the City Code is amended by "Abandoned Sign. A sign which no longer identifies or advertises a bona-fide business, lessor, lessee, service, owner, building occupant or activity, or a sign for which no legal owner can be found." adding the following definition: Section 5. Subd. 8 of Subsection 460.03 is amended to read as follows: "Subd. 8 Temporary For Sale Signs - Existing Buildings and Vacant Land. A temporary sign may be erected for the purpose of selling or leasing a residential or non-residential building or selling vacant land provided: A. Such signs shall not exceed 16 square feet for non-residential buildings, residential buildings of ten or more dwelling units, or vacant land. Provided, however, such signs may be increased to not more than 32 square feet if the lot or tract abuts a highway with a speed limit of 50 miles per hour or more and the sign is oriented to such highway. Temporary signs for the purpose of selling or leasing one vacant lot in the R-1 or R-2 Districts or a residential building of less than ten dwelling units shall not exceed six square feet. B. Only one such sign shall be permitted per building or vacant lot or tract. If the building is one or two or more buildings which together comprise a tract, then only one sign per tract shall be permitted. C. Signs for non-residential projects shall be located no closer than 100 feet to any preexisting residence. D. Freestanding signs shall not exceed ten feet in height. E. All sign surfaces including legs and support members shall be painted and maintained in a crack free and blister free condition." Section 6. Subsection 460.04 of Section 460 of the City Code is amended by adding the "J. Abandoned Signs". Section 7. Subd. 4 of Subsection 460.06 of Section 460 is amended to read as follows: "Subd. 4. Violations and Fines. If the Planner finds that any sign or signs regulated by this Section is or are prohibited as to size, location, content, type, number, height or following new paragraph J: I Page 4 MinuteslEdina City CouncillAuaust 7, 1995 method of construction, or are unsafe, insecure or a menace to the public, or if any sign has been constructed or erected without a permit first being issued, or is improperly maintained, or is in violation of any other provisions of this Section, the Planner shall give written notice of such violation to the owner or lessee of the sign. If such owner or lessee fails to remove or alter the sign so as to comply with the provisions set forth in this Section within 24 hours following receipt of said notice: A. Such sign may be deemed to be a nuisance and may be abated by the City by proceedings taken under M.S. Chapter 429, or any other nuisance abatement procedures allowed by this Code or State Law and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; or , B. Such owner or lessee may be prosecuted under Subsection 100.09 of this Code; and C. The City may exercise any and all other remedies provided by Subsection 100.09 of this Code. If the owner or lessee of the sign shall have been given notice of a violation hereunder and shall have removed or altered the sign, and shall then reerect or install a sign which is the same as or similar to the sign as to which notice of violation was given, such re- erection or installation shall be deemed a violation of this Section, and no notice of such violation shall be required." Section 8. Paragraph B.3 of Subd. 1, of Subsection 850.04 of Section 850 is amended to "3. Requests for variances from the literal provisions of Section 1046 of this Code." read as follows: Section 9. Subparagraph 7 of Paragraph C of Subd. 4 of Subsection 850.07 of Section "7. Commercial kennels as defined by Subsection 300.01 of the City Code." 850 of the City Code is amended as follows: Section IO. Subparagraph f of Paragraph B.3 of Subd. 6 of Subsection 850.11 of Section 850 of the City Code is amended to read as follows: "f. tennis courts, 30' 15' 5' 5' basketball courts, hockey and skating rinks and other similar recreational accessory uses including appurtenant fencing and lighting." sports courts, Section 11. Subd. 8 of Subsection 850.14 of Section 850 is amended by adding the following new paragraph F: "F. Special Requirements for Retail Uses. Retail uses shall comply with the special requirements provided by paragraphs D, E, F, G, H, I, J, and K of Subd, I1 of Subsection 850.16 of this Code." Page 5 MinuteslEdina Citv CouncillAuaust 7, 1995 adding Section 12. Subd. 3 of Subsection 850.16 of Section 850 of the City Code is amended by the following principal use: "Commercial kennels as defined by Subsection 300.01 of the City Code." Section 13. Subsection 1040.02 of Section 1040 of the City Code is amended by deleting Paragraph D. Section 14. Section 1040 of the City Code is amended by adding a new Subsection 1040.03 as follows: "1040.03. Hourly Restrictions on Certain Operations. No person shall, between the hours of 1O:OO P.M. and 7:OO A.M.: A. Operate a snowmobile, minibike, all terrain vehicle, or other vehicle not licensed for travel on public streets, provided vehicles used by physically disabled persons as defined by MS 169.356, Subd. 2 are exempt from this requirement. B. Operate a power lawn mower, power hedge clipper, power leaf blower, chain saw, mulcher, garden tiller, edger, drill or other similar maintenance equipment. Provided, however, i) the use of fairway and greens mowers and other motorized equipment used to maintain golf courses and publicly owned property and, ii) the use of snow removal equipment are exempt from this requirement. C. Collect garbage or refuse within 200 feet of a building used for residential purposes. D. Engage in or permit construction activities which produce any audible noise beyond the property line of the property where the activity is occum.ng, provided construction activities performed in public streets and highways by the City, the County or the State are exempt from this requirement subject to the approval of the Manager." Section 15. "Section 1040 of the City Code is amended by renumbering Subsections 1040.03,1040.04,1040.05,1040.06, 1040.07, 1040.08, 1040.09 as Subsections 1040.04, 1040.05, 1040.06, 1040.07, 1040.08, 1040.09, and 1040.10 respectively." Section 16. Paragraph B of Subsection 1046.02 of Section 1046 as amended to read as "B. Parked or stored outdoors on lots in non-residential districts for more than 48 continuous hours except that abandoned motor vehicles impounded by the City pursuant to Section 1410 of this Code may be stored outdoors by the pound keeper designated by the Manager." follows: Section 17. Paragraph C of Subd. 2 of Subsection 1200.02 of Section 1200 is amended "C. The deposition of snow and ice from privately owned property provided that such snow and ice is deposited only upon boulevards which are adjacent to and not separated by the traveled portion of the street from the private property from which the snow or ice is removed." to read as follows: Page 6 MinuteslEdina City CouncillAunust 7. 1995 Section 18. Section 1230 of the C 1230.08 as follows: ty Code is amended by adding a new Subsection "1230.08. Exception. The provisions of this Section 1230 shall not apply to employees and agents of the City who are performing job related duties under the direction of the Manager, Engineer, or Park Director." Section 19. Paragraph U of Subsection 1230.02 of Section 1230 of the City Code is "U. Use a skateboard, roller skates, in-line roller skates or blades, or similar devices, i) in a municipal parking facility, ii) on or across a sidewalk within or adjoining property in the PC-I, PC-2, or PC-3 Districts as defined by Section 850 of this Code or iii) upon the traveled portion of a street. Notwithstanding the foregoing, roller skates or in-line roller skates or blades may be used on the traveled portion of streets if no adjoining sidewalk is present." amended to read as .follows: Section 20. Subsection 1235.02 of Section 1235 of the City Code is amended to read as "1235.02. Hours and Location of Parking Limited. No person shall park any vehicle in any municipal parking facility during business hours, i) for a period in excess of the time limits, or ii) in a location designated as "Contract Parking Only", unless the vehicle displays a parking sticker issued pursuant to this Section. Persons may park in any municipal parking facility for any length of time during non-business hours, except for such times as parking may be prohibited for snow removal, repairs, and like purposes. Provided, however, no overnight parking shall be allowed.'' follows: Section 21. Paragraph A of Subsection 1405.03 of Section 1405 is amended to read as "A. Obstructions less than 30 inches in height above the elevation of the street adjoining the clear view zone as measured from the edge of the travelled portion of the street." follows: Motion for adoption of the ordinance was seconded by Member Smith. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Ordinance adopted. "BID AWARDED FOR TENNIS COURT IMPROVEMENTS - PAMELA PARK, UTLEY PARK AND WEBER PARK Motion was made by Member Smith and was seconded by Member Kelly for award of bid for tennis court improvements for Pamela Park, Utley Park and Weber Park to recommended low bidder, Bituminous Consulting and Contracting Co., Inc., at $65,474.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR RAMP RESTORATION -TWO RAMPS - PRIMARY RAMP BY LUNDS Motion was made by Member Smith and was seconded by Member Kelly for award of bid for ramp restoration for two ramps, the primary ramp near Lunds to recommended low bidder, Progressive Contractors, Inc., at $65,259.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR TEE OASIS Motion was made by Member Smith and was seconded by Member Kelly for award of bid for tee oasis to recommended low bidder, Perkins Landscape at $6,586.00. Motion carried on rollcall vote - five ayes. Page 7 MinuteslEdina City CouncillAugust 7,1995 "BID AWARDED FOR FERTILIZER FOR BRAEMAR AND NORMANDALE GOLF COURSES Motion was made by Member Smith and was seconded by Member Kelly for fertilizer purchase for Braemar and Normandale Golf Courses from Turf Supply Co.,at $5,068.88, through Hennepin County bid. Motion carried on rollcall vote - five ayes. KATHLEEN ANDERSON OF CONGRESSMAN SABO'S STAFF INTRODUCED Mayor Richards introduced Kathleen Anderson, District Director of the office of Congressman Martin Olav Sabo. She explained she has been visiting cities served by the Congressman. She would like to become more familiar with what is happening in Edina and to inform one-third of Edina residents about their new Congressman. She said she has been his eyes and ears in the district and corresponds with him on local issues while he is serving in Washington. Ms. Anderson said she has met with Manager Rosland and Mr. Hilgendorf, the Chamber of Commerce former director and has learned a great deal about Edina. The District Office is geared to constituent service and offered help with federal agencies. She gave the Council information regarding community town meetings Congressman Sabo will hold the during first week of August. The goal of the meetings is to provide a forum for constituents to discuss the issues important to them and to direct questions to the Congressman. It is hoped the community meetings could be taped and re-broadcast at a later date on the local cable-access station. DISCUSSION HELD ON LEWIS PARK PROPOSAL BY THE EDINA SOCCER ASSOCIATION Park and Recreation Director Keprios explained that on June 19, 1995, Council directed staff to explore alternatives to the Edina Soccer Association's proposal that would not eliminate the large sheet of ice or the bandy program at Lewis Park. Staff brainstormed ten alternatives to be discussed with the Soccer Association at a later time, and on Monday, July IO, 1995, the Soccer Board voted unanimously to table their proposal for fifteen months. One of staffs alternatives was accepted, which was to move the soccer program for five and six year old boys and girls from the current site at Weber Park to Lewis Park on the east rink or bandy field. No major improvements would be done to the site other than to correct a drainage problem identified and paid for by the Soccer Association. The relocation would not eliminate the skating rink nor would it cause a relocation of the bandy program. Use of Lewis Park would not include tournaments. On July 11 , 1995, the Edina Park Board agreed by consensus to go forward and pursue this approach. No comments were received from the Edina Soccer Association. Jim Tracy, 7250 Lewis Ridge Parkway, spoke for the Lewis Park Association and said the proposal is an excellent compromise for both parties. At the end of the fifteen months they will be happy to evaluate the situation. Bob Ferris, 7250 Lewis Ridge Parkway, inquired what happens after 15 months. Mayor Richards said the Soccer Association is withdrawing their proposal. The Park Board and Park Department are advisory to the Council and management of all parks and facilities is their charge. At any point in time, the Soccer Association could come forward with another proposal. Mr. Ferris asked if residents would receive notice if such a proposal were to come forward. Mayor Richards said the Council errs on the side of making sure anyone who wants to can participate in the process. NINE-MILE CREEK WATERSHED DISTRICT BOARD APPOINTMENT RECOMMENDED Manager Rosland advised the Council that two committee appointment terms are expiring from the Nine-Mile Creek Watershed District Board of the Hennepin County Commissioners. Aileen Kulak, of the Nine Mile Creek Watershed District board has submitted a letter requesting Council endorsement of her reappointment. Manager Rosland suggested Council support reappointment of Ms. Kulak and that I Page 8 MinuteslEdina City CouncillAunust 7,1995 Helen McClelland be contacted as to her interest in reappointment. Member Smith introduced the following resolution and moved adoption: RESOLUTION WHEREAS, the term of Aileen Kulak on the Nine-Mile Creek Watershed District Board is coming to an end; BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby recommends and nominates Aileen Kulak to the Hennepin County Board of Commissioners for re- appointment to the Nine-Mile Creek Watershed District Board and urges the Commissioners to approve the reappointment. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. "MUNICIPAL AGREEMENT WITH MNDOT, HENNEPIN COUNTY, BLOOMINGTON AND RICHFIELD ON INTEGRATED CORRIDOR TRAFFIC MANAGEMENT (ICTMI Motion was made by Member Smith and was seconded by Member Kelly authorizing the Mayor and Manager to sign the municipal agreement with ICTM Project Partners (MnDot, Hennepin County, Bloomington and Richfield) for local share of project funds ($3,000.00). Motion carried on rollcall vote - five ayes. *MEADOWBROOWROLLING GREEN STORMWATER MANAGEMENT PROJECT UPDATE GIVEN Motion was made by Member Smith and was seconded by Member Kelly acknowledging receipt of information regarding the MeadowbrooW Rolling Green Stormwater Management Project. Motion carried on rollcall vote - five ayes. DISCUSSION HELD ON VACANCY ON PLANNING COMMISSION Planning Director Larsen explained that a letter of resignation has been received from Robert Hale of the Planning Commission. A verbal notification has also been received from Lee Johnson of his impending resignation. Director Larsen said a timeliness exists with these resignations to discuss changing the number of commission members from eleven to nine. He explained that physically, eleven people is a difficult number to have in the meeting area where nine would be a better vehicle for discussion. Mayor Richards said the Planning Commission is both legally and otherwise very important regarding land use and zoning. He suggested scheduling a joint meeting with the Planning Commission and Council on September 27 at 6:30 P.M., one hour prior to the scheduled Commission meeting at 7:30 P.M. RESIGNATION OF HUMAN RELATIONS COMMISSION MEMBER NOTED Manager Rosland explained that a letter of resignation has been received from Ming-Fen Ni of the Human Relations Commission. He encouraged Members to submit names of interested parties to him for possible appointment. APPOINTMENT MADE TO CONSTRUCTION BOARD OF APPEALS Member Smith made a motion for consent of the Mayor's appointment of David J. Fisher to fill an unexpired term on the Construction Appeals Board to February 1, 1996. Member Kelly seconded the motion. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1995 URBAN HENNEPIN COUNTY COMMUNITY Page 9 MinuteslEdina City CouncillAunust 7,1995 I DEVELOPMENT BLOCK GRANT PROGRAM Motion was made by Member Smith and was seconded by Member Kelly adopting the resolution as follows: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1995 (YEARXXI) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Ci of Edina has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U.S. Department of Housing and Urban Development for purposes of the program; and the City is a subrecipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement and appropriate Third Party Agreement, which sets for the the specific implementation processes for activities to be undertaken with program funds. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council hereby authorizes and directs the Mayor and the City Council to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City. Passed and adopted this 7th day of August, 1995. Motion carried on rollcall vote - five ayes. *RESOLUTION APPROVING REPROGRAMMING OF YEAR XIX FUNDS URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Motion was made by Member Smith and was seconded by Member Kelly adopting the resolution as follows: RESOLUTION APPROWNG REPROGRAMMING OF YEAR XIX FUNDS URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Edina, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Edina has determined the necessity to reprogram YEAR XIX Funds from the Adaptive Recreation Program to the Rehabilitation of Private Property Program, and held a public hearing on August 7,1995, to obtain the views of citizens on the reprogramming of said funds. BE IT RESOLVED, that the City Council of Edina approved the following reprogramming of funding from the YEAR XIX Urban Hennepin County Community Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the YEAR XIX Urban Hennepin County Block Grant Program: $1,580.00 from the Adaptive Recreation Program #54045 to the Rehabilitation of Private Property Program #54050. Passed and adopted this 7th day of August, 1995. I Motion camed on rollcall vote - five ayes. I CORRESPONDENCE RECEIVED FROM CSM CORPORATION REGARDING RENAMING OF WEST 50TH STREET TO GUS YOUNG LANE Mayor Richards explained that at the June 5, 1995, Council Meeting, First Reading was granted to the renaming of West 50th Street between Vernon Avenue and Arcadia to Gus Young Lane. He reported a letter had been received from David R. Kummer, Project Page 10 MinuteslEdina City CouncillAunust 7. 1995 Manager for CSM Corporation, at West 50th Street between Vernon Avenue and Arcadia questioning this action. David Kummer reported that CSM originally petitioned to change the name to lnterlachen Boulevard and they had every reason to believe it would be approved. Four leases have been signed as well as tenants have ordered both stationary and yellow page advertising using Interlachen Boulevard as the address. He requested the Council reconsider the original petition to change the name to lnterlachen Bo u I eva rd . Mayor Richards asked CSM to bring substantiation of costs for advertising or stationary that tenants have incurred using Interlachen Boulevard as their address to the next regular Council meeting, August 21, 1995. CAPITAL IMPROVEMENT PROJECTS DISCUSSION HELD Mayor Richards said following Council direction, he prepared a memorandum summarizing the Council discussion held during the July 17, 1995, meeting. He categorized capital improvement needs as follows: 1) Parks and Recreation Enterprises, 2) 3) Fire/ALS Station. City Hall and Public Works Building and Mayor Richards said he believes the Council is best equipped to answer the "tough questions" from the public on the needs and to order necessary improvements to the infrastructure without authorization from the electorate. He urged going ahead with improvements to City HaWPublic Works Building and the Fire/ALS Station. Necessary improvements and enhancements to the park infrastructure should be accomplished with a stand alone bond issue comprised of two components: 1) 2) general park improvements, including some enterprises and the second sheet of ice at Braemar Arena. Member Smith said he used the Mayor's memo to dialog in the community. Historically, staff and the Council have strived to keep taxes down and yet maintain the City's infrastructure. When a City moves forward, he believes the new users need to help with the renewal of the infrastructure in order to keep it alive and vital. With the advent of girls' hockey, installation of a second ice sheet needs to be investigated further. Member Smith voiced approval of the Fire/ALS Station and the proposal to move forward. Member Maetzold voiced support of the Mayor's memo suggesting the park referendum include two components. He suggested soliciting input from residents regarding their wants at neighborhood parks. Residents would require coaching as to what repairs are necessary and should further be polled as to their wants for their neighborhood parks. Member Maetzold said the proposed bond issue creates an opportunity for a state-of-the-art park system for Edina. Mayor asked for citizen input. No comments or concerns were received. Member Smith made a motion to move forward with the proposed Capital Improvement Plan to include I) City Hall and Public Works Building and 2) the Fire StationlALS Station, as presented and on file in the office of the City Clerk dated July 26, 1995, and to solicit park user input to be incorporated into a Park and Recreation Enterprises referendum for Spring, 1996. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. CLAIMS PAID Member Smith questioned Check No. 157716 to Golf Car, Inc. for the leasing of golf cars. Manager Rosland explained the cars are used for special events and leasing them rather than Page 11 MinuteslEdina City CouncillAugust 7, 1995 buying them is cost effective. Member Smith asked why Check No. 157964, to Rex Distributing, Co., Inc. had no Purchase Order listed on the Check Register. Finance Director Wallin said liquor purchased for the liquor stores do not require Purchase Orders. Member Maetzold made a motion to approve payment of the following claims as shown in detail on the Check Register dated August 3, 1995, and consisting of 50 pages: General Fund $410,368.28; Communication $10,303.03; Working Capital $6,236.05; Art Center $11,650.58; Swimming Pool $4,531.06; Golf Course $71,580.16; Ice Arena $25,040.52; Gun Range $1 14.96; Edinboroughl Centennial Lakes $34,551.75; Utility Fund $385,659.66; Storm Sewer $6,529.30; Recycling $31,794.67; Liquor Fund $94,152.26; Construction Fund $18,419.03; TOTAL $1,110,931.31. Member Kelly seconded the motion . Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion camed. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:35 P.M. City Clerk Page 12