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HomeMy WebLinkAbout19950821_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL AUGUST 21,1995 I ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards'. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Maetzold and was seconded by Member Smith to adopt the Council Consent Agenda as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF AUGUST 7, 1995, AND SPECIAL MEETING OF AUGUST 15, 1995, APPROVED Motion was made by Member Maetzold and was seconded by Member Smith to approve the Minutes of the Regular Meeting of August 7, 1995, and Special Meeting of August 15, 1995. Motion carried on rollcall vote - five ayes. FINAL DEVELOPMENT PLAN APPROVED - 5625 WEST 78th STREET (PRECISION GASKET COMPANY1 Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen reported that the subject property measures three acres in size and is developed with a 20,000 square foot manufacturing facility. The property has frontage on West 78th Street and Cecilia Circle but currently uses only West 78th Street. Property south of the site is in the City of Bloomington. The property owner has petitioned for Final Development Plan approval allowing construction of an 11,300 square foot addition to the building. The subject property is owned and occupied by Precision Gasket Company, a custom gasket manufacturer. The proposed addition would provide additional parts storage and additional loading docks on the south side of the building. The proposed addition measures approximately 90 X 120 feet and would extend westerly from the existing facility. The Zoning Ordinance requires one parking space for each 200 feet of office and one space for each 300 square feet of manufacturing, and one for each 2000 square feet of warehouse area. Planner Larsen added that applying these requirements to the expanded facility results in a parking demand of 72 spaces and the proposed plan would exceed this requirement with 79 spaces. The proposed addition conforms to ordinance requirements except the 78th Street curb cut is two feet wider than permitted. The existing building is within the required 75 foot front yard setback. However, the addition will require a five foot variance since the northwest corner of the addition would encroach into the required 75 foot setback. The site has a considerable amount of mature landscaping, although by current standards 12 additional overstory trees would be required to comply with ordinance requirements. Exterior of the existing building is faced brick on three sides with concrete block on the south elevation facing the railroad tracks. The proposed finish materials for the addition would be drivit stucco colored to match the existing brick exterior. The Planning Commission. at their meeting of August 2, 1995, recommended approval of the Final Development Plan including the five foot building setback variance subject to: 1) 2) Reducing width of West 78th Street curb cut to 30 feet and Adding 12 additional overstory trees to the landscaping plan. Presentation bv Proponent Tom Jamieson, President of Precision Gasket Company, explained that the company is 40 years old and formerly was located in Hopkins. They have outgrown their Edina location and leased warehouse space I MinuteslEdina Citv CouncillAuqust 21,1995 I in Eden Prairie. By building the proposed addition theywill be able to house their entire operation in one location. Resident CommentlConcern Joan Lampert, 7724 Glasgow Drive, whose home is located directly across the street from Precision Gasket, stated she has no issue with the expansion or the requested variances. Her concern is with the additional traffic that generated with the expansion. Ms. Lampert said she had discussed the issue with Mr. Jamieson about the traffic and the fact that even though trucks load at the rear of the building on Cecilia Circle they still must travel out onto 78th Street. Exiting and entering Glasgow Drive and Cecilia Circle during rush hour is impossible now, and can only get worse. In addition, Ms. Lampert said she received notification of this public hearing on the Friday previous to tonight's meeting which did not allow time to write to the Council. Mark Shull, 7712 Glasgow Drive, reiterated Ms. Lamperts. He has three children under five years of age and worries when the school bus stops on 78th Street where speeds are posted at 40 MPH. He asked if traffic could be slowed down by reducing the speed limit to 35 MPH. Mr. Shull also inquired what the height of the proposed building would be. Mr. Jamieson responded the building height would be 25 feet. Ray Bl'md, 7724 Glasgow Drive, concurred with the other residents that entering 78th Street at some times during the day is impossible. The speed limit is too high. He voiced concern with the proposed expansion creating even more traffic. Co u n ci I Con cem/Act ion Mayor Richards asked how many more truck the proposed addition would cause to which Mr. Jamieson replied that since Precision was combining its warehousing and manufacturing operation the number of truck should be less or at most the same number as now. Member Smith inquired what type of maintenance plan would cover the recommended 12 additional trees. Planner Larsen answered the plan would be similar to a landscaping plan and would include specific trees for screening. A bond would also be required from the proponent to make sure the trees survive and thrive. I Member Smith made a motion to adopt the following resolution approving the final development plan for Precision Gasket, Inc. subject to: I) reduction in the width of West 78th Street curb cut to 30 feet and 2) adding 12 additional overstory trees to landscape plan: RESOLUTION APPROVING FINAL DEVELOPMENT PLAN FOR PRECISION GASKET, INC. 5625 WEST 78th STREET BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Precision Gasket, Inc., 5625 West 78th Street, presented at the regular meeting of the City Council of Edina, MN, be and is hereby approved. Member Maetzold seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. Mayor Richards suggested the Engineering and Police Department take a serious look at traffic in the area of West 78th Street and to report back to the Council at a future date as well as notify resident of findings. CONTINUED TO SEPTEMBER 5,1995 Motion was made by Member Maetzold and was seconded *OVERALL PLAN AMENDMENT - PARCELS E & F, CENTENNIAL LAKES (UNITED PROPERTIES1 Page 2 MinuteslEdina Citv CouncillAunust 21 'I 1995 by Member Smith to continue the overall plan amendment for parcels E and F, Centennial Lakes (United Properties) to September 5, 1995. Motion carried on rollcall vote - five ayes. I I ORDINANCE NO. 1995-4 ADOPTED -AN ORDINANCE GRANTING A TWENTY YEAR FRANCHISE TO NORTHERN STATES POWER Presentation by Attorney Attorney Gilligan reported that the Council granted First Reading to the ordinance granting a twenty year franchise to Northern States Power on August 7, 1995. At that meeting, certain concerns were raised regarding potential future customer classification changes and the method by which apartment buildings are metered. Attorney Gilligan informed Council that a letter received 8/18/95 from NSP's Senior Attorney Harold Bagley, that NSP has determined that only four apartment buildings in the City are so metered. All other buildings are individually metered. It is the belief that the franchise fee requirements would induce buildings to change over from individual metering and therefore do not believe changes in the proposed rate structure would be necessary. Council comments/action Member Smith asked if the statements and acknowledgments from Mr. Bagley need to be incorporated into the agreement. Attorney Gilligan responded that incorporating the intent of Mr. Bagley's letter during the granting of Second Reading to the franchise would be sufficient. Member Smith moved second reading and adoption of Ordinance No. 1995-4 as follows: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF EDINA, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA, ORDAINS: Section 1. Definitions. For purposes of this Ordinance, the following capitalized terms shall have the following meanings, respectively, unless the context in which the defined term is used clearly requires a different interpretation. 1.1 1.2 1.3 "Civ' means the City of Edina, County of Hennepin, State of Minnesota. "City Utility System" means the facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. "Commission" means the Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. "Company" means Northern States Power Company, a Minnesota corporation, its successors and assigns. "Electric Facilities" means electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. "Notice" means a writing sewed by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Law Department, Northern States Power Company, 414 Nicollet Mall, Minneapolis, Minnesota 55401. Notice to City shall be I .4 1.5 1.6 I Page 3 MinuteslEdina Citv CouncillAugust 21, 1995 mailed to the City Clerk. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. "Public Way" means any street, alley, or other public right-of-way within the City. "Public Ground" means land owned by the City for park, open space or similar 1.7 1.8 purpose, which is held for use in common by the public. Section 2. Franchise. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. Effective Date: Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law. An acceptance by the Company must be filed with the City Clerk within 90 days after publication. Service Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City currently are subject to the jurisdiction of the Minnesota Public Utilities Commission. The area within the City in which the Company may provide electric service currently is subject to the provisions of Minnesota Statutes, Section 216B -40. 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by the Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days her first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 2.2 2.3. Section 3. Location, Other Requlations. 3.1 Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and they shall be located on Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. Under this franchise agreement the City does not relinquish its police power regulatory authority and the Company does not relinquish its eminent domain authority. 3.2 Field Locations. The Company shall provide field locations for any of its underground Electric Facilities consistent with the requirements of Minn. Stat. Chapter 216th 3.3 Stteet Openinqs. The Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the Page 4 MinuteslEdina Citv CouncillAunust 21, 1995 City, for which the City may impose a reasonable fee. Permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event the Company shall notify the City by telephone to the office designated by the City before opening or disturbing a paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees. Public Way or Public Ground, the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City. Shared Use of Poles. The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by City. I 3.4 Restoration. After undertaking any work requiring the opening of any 3.5 Section 4. Relocations. 4.1 Relocation of Electric Facilities in Public Wavs. Except as provided in Section 4.3, if the City determines to vacate for a City improvement project, or at City's sole cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order the Company to relocate its Electric Facilities located therein. The Company shall relocate its Electric Facilities at its own expense. The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement of reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4.3, City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company's expense. The provisions of Section 4 apply only to Electric 4.2 Page 5 MinuteslEdina City CouncillAugust 21,1995 Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right, or State or County permit. Projects with Federal Fundinn. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally- aided highway project shall be goveined by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. Cii shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. I 4.3 Liability. Nothing in this Ordinance relieves any person from liability Section 5. Tree Trimming. The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. Section 6. Indemnification. 6.1 The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice, If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 6.2 Section 7. Vacation of Public Wavs. I Page 6 MinuteslEdina Citv CouncillAuaust 21. 1995 The City shall give the Company at least two weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. Section 8. Chanae in Form of Government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. Section 9. Franchise Fee. 9.1. Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee not to exceed an amount determined by collecting the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer location: Customer Classification Amount per month Residential Small C & I and Municipal with no demand charge Small C & I and Municipal with demand charge Large C & I and Municipal $1.25 $4.50 $10.00 $65.00 The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between the Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. No preexisting ordinance imposing a fee shall be effective against the Company unless it is specifically amended after the effective date of this ordinance following the procedures of this Section 9 for the adoption of a new separate ordinance. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the amount set forth in the above Fee Schedule shall not be effective against the Company unless the fee imposed on each other customer class in the above Fee Schedule is reduced proportionately by the same percentage as the reduction represented by the lessor fee on the residential class. The payment of a franchise fee as provided by this Section 9.1 does not relieve the Company from paying fees to City unrelated to the installation, ownership or operation of Electric Facilities, such as building permit fees. 9.2 Terms Defined. For the purpose of this Section 9, the following definitions apply: Page 7 MinuteslEdina City CouncillAuqust 21. 1995 I 9.2.1 "Customer Classification" shall refer to the classes listed on the Fee Schedule and as defined or determined in the Company's electric tariffs on file with the Commission. "Fee Schedule" refers to the schedule in Section 9.1 setting forth an amount per month for various customer classes. "Final Order" refers to an order of the Commission changing the Company's electric service rates for one or more of the Company's Customer Classification in which order is not an interim order and that the time for appeal on such order has expired or that in the event of appeal all proceedings relating to the appeal have been exhausted. Collection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the amount collected by the Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for metered service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time, however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for metered service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission, which the Company agrees to use its best efforts to obtain. No franchise fee shall be payable by the Company if the Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in the Company's applicable rate for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles. The Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. Condition of the Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same -or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers, the percentage of the annual bill represented by the amount collected for the franchise fee purposes. If neither of the above comparisons are practicable because the fees are so dissimilar in nature, the "same or greater equivalent amount" shall be calculated by comparing the amount of the franchise fee per BTU being collected from the same or any similar class of customers of the Company and of another energy supply. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If following effective date of this franchise the Commission by Final Order approves a change in the Company's electric rates resulting in a general rate increase for one or more Customer Classifications, the Company shall calculate and send to the City a letter setting forth the amount, as a percentage, of authorized increase for each classification of customer within 60 days after the Company receives the Final Order. The amount of the franchise fee that may be imposed by the City, may be increased from the Fee 9.2.2 9.2.3 9.3 I 9.4 9.5 Permitted Adiustments. I Page 8 MinuteslEdina City CouncillAuqust 21, 1995 Schedule in Section 9.1 to an amount not to exceed the percentage for the applicable Customer Classification stated in the Company's letter times each monthly amount set forth in the Fee Schedule and adding the resultant amount to the applicable amount set forth in the Fee Schedule. In this manner the franchise fee collected or permitted to be collected from each class of customer can increase by the same percentage as the Company's electric rate increase. During the period where the City has imposed a franchise fee by separate ordinance under Section 9.1 there is no waiver of the right to impose the amendment if the City does not seek an increase in any franchise fee immediately after any such letter from the Company and, if the City so chooses, the City can combine the percentages derived from more than one rate case, to the extent not previously applied by the City, in setting the amount of the franchise fee, so that the City is not prejudiced by delaying any action to impose or increase the franchise fee. Section 10. Severability. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. Section 11. Amendment. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. Section 12. Previous Franchises Superseded. This franchise supersedes any previous electric franchise granted to the Company or its predecessor. I Passed and approved August 21 , 1995. m.5 City Clerk Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Ordinance adopted. *BID AWARDED FOR INTERMEDIATE 4-DOOR SEDAN FOR BUILDING DEPARTMENT Motion was made by Member Maetzold and was seconded by Member Smith for award of bid for intermediate 4 door sedan for the Building Department to Midway Ford, at $13,208.00, under Minnesota State Contract No. M9540. Motion carried on rollcall vote - five ayes. Page 9 MinuteslEdina Citv CouncillAuqust 21,1995 *BID AWARDED FOR PAPER SUPPLY FOR SUMMER ISSUE OF ABOUT TOWN Motion was made by Member Maetzold and was seconded by Member Smith for paper supply for summer issue of About Town to sole bidder, Unisource at $6,245.85. I Motion carried on rollcall vote - five ayes. LEAGUE OF MINNESOTA CITIES PRESIDENT JIM MILLER INTRODUCED Jim Miller, President of the League of Minnesota Cities informed Council of activities occurring at happening at the League of Minnesota Cities which may or may not influence a Council decision to remain a member in the League. Issues Mr. Miller reviewed include: Improving existing services, Le. code codification, research. Moving ahead with technology, i.e. update antiquated system. Developing business plans for all services provided by the League Developing a variable rate bond to help cities finance capital improvements. Answering what value the League has to the City of Edina. Explaining the funding sources of the League's budget. Moving into a new building and not utilizing dues for its purchase. Needing larger space for insurance trust which has outgrown its space. Selling existing building in Shoreview for a $300,000 profit. 1) 2) 3) 4) 5) 6) 7) 8) Member Smith inquired where dues are used. Mr. Miller informed Council that the League operates in a similar way a City operates with dues revenue coming into the General Fund and going to fund enterprise services which are not self supporting.. Member Maetzold commented he attended a new Council Member orientation and asked if there is on-going training. Mr. Miller told that a leadership institute for elected officials is being created providing additional training on 1) how to run a meeting, and 2) ethical implications of being a Council Member. I Member Kelly inquired about the cost of the proposed media access. Mr. Miller said this is funded through the capital improvement program coming from all sources of revenue. The capital program is the residual of funds left at year end. The majority of the funds have been built up for the new building and computer system. Member Kelly asked if dues could be reduced to member cities instead of accruing a fund balance. Mr. Miller said dues have not increased in six years. The upcoming increase will be three percent for the next fiscal year. Less than one-half of revenue comes from dues. The funds are truly excesses that have varied from year to year depending upon the expenditure pattern. Mr. Miller answered Mayor Richards that of 855 possible member cities, 810 belong to the League. The largest city that is not a member is 240 persons. Dues in the League are tiered; with a fiat fee plus per capita rate of between 28$ to 40$. Edina's per capita rate is approximately 34$. If Edina chooses not to become a member of the League, what would the League lose. Mr. Miller replied that even though Edina receives little aid from the state, revenue issues are probably the most visible of the issues that are lobbied by the League at the Legislature. Being able to speak for 810 cities of 850 has a degree of persuasiveness with the Legislature. Not having Edina as a member will not have an immediate effect but the benefit we all collectively derive by being a part of the same organization is positive. He encouraged a continuance of Edina's membership and advocated taking a more active role in the League. Member Paulus said there needs to be better bonding between the municipalities as not only does the Legislature use Edina as a stereotypical evidence for their needs, other cities do also. Mr. Miller said Minneapolis and St. Paul can clearly have financial wherewithal and staff expertise to provide all I Page IO MinuteslEdina City CouncillAunust 21, 1995 services plus insurance yet they see a value in membership in the League. They value being 'at the table' when issues are discussed and their position can be part of the decision. Member Kelly inquired about the relationship with the Association of Metropolitan Municipalities (AMM) that represents the metropolitan area with the Metropolitan Council. Mr. Miller explained that the AMM focuses with the Metropolitan Council and the LMC focuses on the Legislature. I Mayor Richards noted the final decision regarding membership with the LMC would be back before the Council on September 5, 1995. *TRAFFIC SAFETY STAFF REVIEW OF AUGUST 8,1995, APPROVED Motion was made by Member Maetzold and was seconded by Member Smith to approve the following action in Section A of the Traffic Safety Staff Review of August 8,1995: To install a "STOP" sign for northbound Edinborough Way at Parklawn Avenue and removal of the temporary "STOP" sign, and; To install "No-parking - Anytime" signs along the fence at the rear of Jerry's Hardware, and; To install one-hour restricted parking signage on W. 76th Street in the pull-off area adjacent to Centennial Lakes Park Amphitheater, and; To stripe the roadway along Antrim Road, and; To recommend the Police Department survey the area of 5100 Abercrombie Drive for speed control and consider enforcement action, and; To install a "STOP" sign controlling northbound Kelsey Lane traffic at Interlachen Boulevard, and; To remove reverse curve warning signs and an advisory speed sign on Melody Lane. 1) 2) 3) 4) 5) 6) 7) Motion carried on rollcall vote - five ayes. and to acknowledge Sections B and C. ROLLING GREENlMEADOWBROOK STORMWATER MANAGEMENT PLAN UPDATED Engineer Hoffman reported this project has been developed to replace existing, aged facilities which do not provide adequate stormwater management. A portion of the project involves joint development between the Minneapolis Park Board and the City of Edina. The Meadowbrook Golf Course is owned by the Minneapolis Park Board. Edina's stormwater from the Rolling Green and the lnterlachen Country Club areas drains into Meadowbrook and then is pumped to Minnehaha Creek. The portion involving Meadowbrook Golf Course has been developed with input from Minnehaha Creek Watershed District, the US. Corps of Engineers and Minnesota Department of Natural Resources. The joint project would involve enlarging the stormwater pipe coming from the Rolling Green area to lower flooding potential of the Rolling Green pond. A larger lift station would be required because of the increased stormwater discharge. The larger pipe would discharge into a series of small ponds for water quality purposes and finally be pumped over the Meadowbrook dike into Minnehaha Creek. Engineer Hoffman stated the project includes all of Meadowbrook being restructured for better drainage and storage and is estimated to cost approximately $550,000.00. Edina's portion of the cost involving the piping, ponds, and lift station would be approximately $1 80,000.00. Engineer Hoffman indicated this is an equitable split since the majority of the drainage area is in Edina. The pumping operation would be conducted under agreement with an operating plan approved by the Minnehaha Creek Watershed District. Engineer Hoffman provided graphics depicting the stormwater improvement area detailing the southeast corner of Meadowbrook showing piping, ponding and the life station pump area. Staff would recommend preliminary approval of the project. Page 11 MinuteslEdina Citv CouncillAuaust 21,1995 Engineer Hoffman answered Council concerns regarding the ten home sites positively affected by this project since they have had flooded basements and their pipes into are corroded and deteriorating. Member Smith stated that the project is a necessity anyway but under the joint powers the project will happen sooner and be less costly for Edina. I Engineer Hoffman responded to Member Maetzold's concem that the City would enter into a legal hold harmless agreement between the parties for protection from possible liability. Member Maetzold asked if the City had ever approached Minneapolis about running Meadowbrook Golf Course because of the geographic proximity to Edina. Manager Rosland said the Minneapolis Park Board has not wanted to relinquish the management of the course to any other city. Even though Meadowbrook appears tired, it does generate revenue for Minneapolis. Member Kelly asked if the joint powers agreement would be similar to agreements done previously with Bloomington and Richfield. Engineer Hoffman said the idea is comparable. Mayor Richards asked for public comment or concem. No public comment was heard. Member Smith made a motion for preliminary approval of the joint project with Minneapolis Park Board on stormwater project at Meadowbrook Golf Course. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *VACANCY NOTED ON PLANNING COMMISSION Motion was made by Member Maetzold and was seconded by Member Smith acknowledging the resignation of Planning Commission Member Lee Johnson on September I, 1995. I Motion carried on rollcall vote - five ayes. *CSM CORPORATION REQUEST TO RECONSIDER STREET NAME CHANGE WITHDRAWN Motion was made by Member Maetzold and was seconded by Member Smith to acknowledge the letter from Dave Kummer of CSM Corporation withdrawing their request for reconsideration of a street name change for W. 50th Street between Vernon and Arcadia Street to lnterlachen Boulevard. Motion canied on rollcall vote - five ayes. *GOLF CAR DISCOUNT - BRAEMAR AND NORMANDALE GOLF COURSES Motion was made by Member Maetzold and was seconded by Member Smith to accept the Edina Park Board's recommendation to offer a 50 percent discount on golf car rental to golfers who have disabilities that render them golf car dependent. Motion carried on rollcall vote - five ayes. *HEARING DATE SET OF OCTOBER 2,1995, FOR LEVYING OF SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEMENTS Motion was made by Member Maetzold and was seconded by Member Smith setting a hearing date of October 2, 1995, for the levying of special assessments for public improvements. Motion carried on rollcall vote - five ayes. *RESOLUTION ADOPTED APPROVING 1996-99 COMMUNITY HEALTH SERVICES PLAN Member Maetzold introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNIN HEALTH SERVICES IN THE CIN OF EDINA Page 12 Minutes/Edina City CounciVAunust 21, 1995 AND THE SUBMISSION OF AN APPLICATION FOR THE COMMUNITY HEALTH SERVICES ACT SUBSIDY WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina and functions as the official Board of Health in the City of Edina; and WHEREAS, the City Council is committed to promote, support and maintain the health of the entire community at the highest level; and WHEREAS, the Community Health Services Act provides for subsidies in support of public health services on the local level throughout the State of Minnesota; and WHEREAS, a special needs study has been made and a special public meeting held relative to the needs and priorities of the community for Community Health Services; and WHEREAS, the Community Health Services Advisory Committee of the City of Edina has reviewed the plan for the provision of public health services in the City of Edina and recommends its approval to the City Council; and WHEREAS, the City Council has reviewed this public health services plan and finds it consistent with the needs and priorities of the community as determined by the Community Health Services Advisory Committee and as expressed by the citizens of Edina. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the Community Health Services Plan for the City of Edina is approved and authorization is hereby given to submit an application for the Community Health Services Act subsidy for the years ADOPTED this 21st day of August, 1995. Member Smith seconded the motion. . 1996-99. Motion carried on rollcall vote - five ayes. APPOINTMENT MADE TO NINE-MILE WATERSHED DISTRICT BOARD Manager Rosland advised the Council that a letter had been received from Helen McClelland, Manager of the Nine-Mile Creek Watershed District seeking reappointment for the term October 1995 through September 1998. Member Kelly introduced the following resolution and moved adoption: RESOLUTION WHEREAS, the term of Helen McClelland 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 Helen McClelland 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 Maetzold. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. *AMENDED DEVELOPER'S AGREEMENT FOR UTILITY INSTALLATION APPROVED FOR RATELLE HILL ADDITION Motion was made by Member Maetzold and was seconded by Member Smith approving the amended developer's agreement for utility installation for the Ratelle Hill Addition. Motion carried on rollcall vote - five ayes. *HEARING DATE SET OF SEPTEMBER 18.1995, FOR UTILITY EASEMENT VACATION - LOT 2, BLOCK 1. GRlFFlTH ADDITION Motion was made by Member Maetzold and was seconded by Member Smith setting hearing date of September 18,1995, for a utility easement vacation on Lot 2, Block I, Griffith Addition. Motion carried on rollcall vote - five ayes. Page 13 MinutedEdina City CouncillAunust 21,1995 MIDYEAR RECYCLING REPORT PRESENTED Manager Rosland introduced Recycling Coordinator, Julie Jones. Ms. Jones presented the Mid-Year Recycling Report showing the current status of the recycling program. The report had been presented to the Recycling and Solid Waste Commission at their August 17 meeting. She noted the Commission would be dedicating more time at future meetings to developing strategies for improving 1995 recycling volumes as well as studying possible program additions for 1996. The Mid-Year report contained points directed at; I) A Comparison to 1994; 2) Recyclable Mix; 3) Markets and 4) Anticipated Program Changes. The Committee is looking into the possibility of adding box-board to the list of recyclables in 1996. Box board is cereal, cookie, and chip boxes. Member Smith encouraged communication with residents regarding recyclables and trash at the garage and yard waste at the street. Ms. Jones said post cards have been developed to educate residents who do not comply with the correct method of disposal. Member Paulus asked if paper drives affect recycling. Ms. Jones said there is no apparent impact. METROPOLITAN LIVABLE COMMUNITIES ACT UPDATE GIVEN Assistant Manager Hughes reviewed that on June 19, 1995, the City Council received a report with respect to the Metropolitan Livable Communities Act (the "Act"). The City Council, after reviewing the June 19, 1995, report, requested that the Human Relations Commission, the Planning Commission and the East Edina Housing Foundation review the Act and offer recommendations regarding the City's participation. The three groups have reviewed the Act and recommend participation by the City. If Council decides to participate in the Act, the election must be made no later than November 15, 1995. The first year of participation would be calendar year, 1997. The first step after choosing to participate and adopting a resolution would be to meet with a Metropolitan Council representatives to determine housing goals for the City and help determine programs to pursue. That meeting could occur the latter part of 1995, prior to January 15, 1996. Assistant Manager Hughes stated since the June 19th meeting he has learned that the City would not need to levy a tax to make up the local housing incentive account. Metropolitan Legal Council indicated that any source of funds could be utilized for the purpose of coming up with the local funds. Assets of the East Edina Housing Foundation may be available. The City's responsibility to participate in the Act would be approximately $80,000.00. Member Smith inquired whether we could develop our own plan. Assistant Manager Hughes replied the plan is developed in concert with the Metropolitan Council. The Metropolitan Council is very open with which activities would comply within the intent of the law. The opinion of the East Edina Housing Foundation is that the livable communities act is identical to their mission. I Assistant Manager Hughes commented that a series of informational meetings are being planned at different locations. He indicated that he and Planner Larsen will attend the August 30th meeting and he will make sure the Council is apprised of dates of meetings if they choose to attend. *PETITION FOR STREET LIGHTING REFERRED TO ENGINEERING (GILFORD DRIVE AND KELLOGG) Motion was made by Member Maetzold and was seconded by Member Smith to refer the petition for street lighting on Gilford Drive and Kellogg to engineering for processing. Motion camed on rollcall vote - five ayes. CLAIMS PAID Member Smith made a motion to approve payment of the following claims as shown in detail on the Check Register dated August 17, 1995, and consisting of 34 pages: General Fund $240,235.86; C.D.B.G. $5,225.00; Communication $608.22; Working Capifal $58,892.97; Art Center $6,681.68; Swimming Pool $1 1,496.75; Golf Course $42,559.14; Ice Arena Page 14 MinuteslEdina City CouncillAuqust 21,1995 $6,137.25; Gun Range $429.16; EdinboroughlCentennial Lakes $42,093.60; Utility Fund $98,811.90; Storm Sewer $8,527.42; Recycling $31,785.09; Liquor Fund $77,007.59; Construction Fund $527,613.38; TOTAL $1,158,105.01; and for confirmation of payment of the following claims as shown in detail on the Check Register dated August 14, 1995, and consisting of 8 pages; General Fund $161,077.89; Liquor Fund $225,260.83; TOTAL $386,338.72. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:40 P.M. 1 0 City Clerk Page 15