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HomeMy WebLinkAbout2002-12-03 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 3,2002 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, and Mayor Maetzold. Member Masica was absent. CONSENT AGENDA ITEMS APPROVED Motion made by Member Kelly and seconded by Member Hovland approving the Council Consent Agenda as presented with the exception of Agenda Item IV.D.,Terrorism Insurance Update. Rollcall: Ayes: Housh,Hovland,Kelly, Maetzold Motion carried. *MINUTES OF THE REGULAR MEETING OF NOVEMBER 19, 2002, APPROVED Motion made by Member Kelly and seconded by Member Hovland approving the Minutes of the Regular Meeting of the Edina City Council for November 19,2002. Motion carried on rollcall vote-four ayes. RESOLUTION NO. 2002-107 COMMENDING SUPERINTENDENT OF THE YEAR - DR. KENNETH DRAGSETH Mayor Maetzold commended Dr. Kenneth Dragseth in honor of his being named 2003 Minnesota Association of School Administrators Superintendent of the Year. He noted that Dr. Dragseth is a candidate among other state winners for National Superintendent of the Year. Member Hovland introduced the following resolution and moved its approval: RESOLUTION NO. 2002-107 A COMMENDATION. WHEREAS, Minneapolis School Superintendent Dr. Carol Johnson nominated Dr. Kenneth Dragseth for the 2003 Minnesota Association of School Administrators (MASA) Superintendent of the Year Award;and WHEREAS, Dr. Dragseth is a candidate among other state winners for National Superintendent of the Year,to be announced at the American Association of School Administrators (AASA) convention in New Orleans in February 2003;and WHEREAS, criteria demonstrated by Dr. Dragseth includes, leadership for learning, communications skills,professionalism,community involvement;and WHEREAS, Dr. Dragseth holds doctoral and master's degrees from the University of Minnesota, and a bachelor's degree from Gustavus Adolphus College, has participated in the Harvard University Superintendent's Summer Seminar, and is a Fellow in the Bush Public Schools Executive Development Program;and WHEREAS, Dr. Dragseth is especially noted for his ability to create and support an environment for learning. NOW, THEREFORE, BE IT RESOLVED, by Edina City Council that congratulations be extended to Dr. Kenneth Dragseth in honor of his being named 2003 MASA SUPERINTENDENT OF THE YEAR AND BE IT FURTHER RESOLVED, that this Resolution be recorded in the Minutes of the Edina City Council. Member Housh seconded the motion. Ayes: Housh,Hovland, Kelly, Maetzold Motion carried. Page l Minutes/Edina City Council/December 3,2002 RESOLUTION NO. 2002-108 - COMMENDING 2002 EDINA GIRLS' TENNIS TEAM STATE CHAMPIONSHIP Mayor Maetzold commended the 2002 Edina Girls' Tennis Team with their numerous Championships and the leadership they exemplify. Member Housh introduced the following Resolution of Commendation and moved its approval: RESOLUTION NO.2002-108 RESOLUTION OF COMMENDATION EDINA HIGH SCHOOL 2002 GIRLS'TENNIS TEAM WHEREAS, the members of the Edina High School 2002 Girls' Tennis Team were Champions of the Classic Lake Conference, Section Champions and State Champions;and WHEREAS, Alex Seaton and Whitney Taney were the Doubles State Champions,Jaime Gaard and Susan McClelland were the Doubles Runners-Up, and Jane Anderson was the Singles Runner-Up;and WHEREAS, success has come to the members of the Team and individual players because of their extraordinary ability,hours of practice and the leadership of their coaches;and WHEREAS, as representatives of the City of Edina, the members of the Team and individual players exemplified the highest standards of athletic proficiency and good sportsmanship. NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that congratulations be extended to the members of the Team: Jaime Gaard Andrea Beegle Jenn Wilcox Meghan Hakes Amy Dehnel Jessica Berg Susan McClelland Sarah Frey Whitney Taney Alex Peyton Lizzie Peyton Steve Paulsen,Coach Lindsay Risebrough Alex Seaton Greg Grosz,Asst. Coach Jane Anderson Karee Shapiro BE IT FURTHER RESOLVED that congratulations be extended to Alex Seaton and Whitney Taney as Doubles State Champions, Jaime Gaard and Susan McClelland as Doubles Runners-Up,and Jane Anderson as Singles Runner-Up. AND BE IT FURTHER RESOLVED that this resolution be recorded in the Minutes of the Edina City Council and that copies be given to all the members of the Team. ADOPTED this 3rd day of December 2002. Member Kelly seconded the motion. Ayes:Housh,Hovland,Kelly,Maetzold Motion carried. ORDINANCE NO. 2002-9 - ADOPTED AMENDING SECTION 1350 - MOTION PICTURES AND COMMERCIAL PHOTOGRAPHY Manager Hughes noted that the Council had requested some modifications to the proposed ordinance amending Section 1350 - Motion Pictures and Commercial Photography when they granted first reading November 19, 2002. He reported the modifications had been completed and recommended Council adopt the Ordinance. Following a brief discussion,Member Kelly moved, seconded by Member Housh to grant second reading to the following ordinance: EDINA ORDINANCE NO.2002-9 An Ordinance Amending Section 1350-Motion Pictures and Commercial Photography THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Page 2 Minutes/Edina City Council/December 3,2002 Section 1. Paragraphs A. B. and C. of Subd.1 of Subsection 1350.06 is amended as follows: "Subd.1 Manager Issuance. The Manager may issue a permit provided that: A. The commercial photography does not exceed three consecutive days in duration. Provided, however, the manager may issue a commercial photography permit for up to ten consecutive days in duration provided that all filming and artificial lighting takes place indoors and all parking, storage and staging needs are accommodated on the property subject to the permit. B. No outdoor filming or outdoor artificial lighting takes place before 7:00 A.M. or after 10:00 P.M. Provided, however, the Manager may authorize outdoor filming and lighting before 7:00 A.M. and after 10:00 P.M. if owners of all residential properties situated wholly or partly within 300 feet of the commercial photography location grant written approval for such activities. C. Commercial photography takes place only on City owned property." Section 2. This ordinance shall be in full force and effect upon passage and publication. First Reading: November 19,2002 Second Reading: December 3,2002 Published: December 12,2002 Attest City Clerk Mayor Rollcall: Ayes: Housh, Hovland, Kelly, Maetzold Ordinance adopted. ORDINANCE NO 2002-11 - REGULATION OF BODY ART REVIEWED AND REFERRED TO STAFF FOR FURTHER RESEARCH Sanitarian Velde informed the Council that Hennepin County had adopted an ordinance regulating Body Art Establishments this past July. Mr. Velde stated that if the Council chose not to adopt some local regulatory ordinance, Hennepin County would have jurisdiction over them and license and inspect those establishments located within Edina. Mr. Velde noted staff was aware of one facility that would be subject to such licensing and inspection, which was The Laser and Cosmetic Care Center located at 4100 West 50th Street. Mr. Velde explained this establishment performed cosmetic tattooing such as permanent eyeliner. Mr. Velde stated the proposed ordinance would license businesses where body art procedures would be performed, but would not license the individuals performing those procedures. The proposed ordinance would ban branding, cutting, implantation, suspension, or scarification of other individuals as well as prohibiting piercing or tattooing the genitalia or nipples of minors. Mr. Velde noted the proposed ordinance sets forth standards for health and safety including minimum space for performing procedures, lighting, lavatory facilities, hand washing equipment, and sterilization equipment. Business licenses under this ordinance would be required to keep certain records such as: information on technician performing procedures, information on clients receiving procedures including a consent form, and proof of age verification; and information regarding which client received which procedures. Mr. Velde said the Edina Community Health Committee has reviewed the proposed Body Art Code, recommended some changes and following the changes they would recommend the Edina City Council adopt the ordinance. Page 3 Minutes/Edina City Council/December 3,2002 Council expressed many concerns regarding the proposed ordinance including: can the performance of body art be totally banned within the City of Edina;can Edina adopt an ordinance more restrictive than Hennepin County's ordinance; can establishment performing body art be restricted to certain zoning districts; can cosmetic body art be distinguished from other body art; and can the adoption of an ordinance be deferred until a later date. Based upon the level and number of concerns Member Kelly made a motion to refer the proposed ordinance to staff for further research. Member Hovland seconded the motion. Ayes: Housh,Hovland,Kelly,Maetzold Motion carried. *BID AWARDED FOR SITE UTILITIES FOR EDINA CITY HALL/POLICY FACILITY Motion made by Member Kelly and seconded by Member Hovland for award of bid for City Hall/Policy Facility Site Utilities to recommended low bidder, Adolfson & Peterson Construction Company at$174,360.00. Motion carried on rollcall vote-four ayes. *BID AWARDED FOR AQUATIC CENTER POOL SHELL RENOVATION Motion made by Member Kelly and seconded by Member Hovland for award of bid for Aquatic Center pool shell renovations to sole bidder,TMI Coatings,Inc.,at$31,500.00. Motion carried on rollcall vote-four ayes. *BID AWARDED FOR FRONT END LOADER ATTACHMENT - UTILITIES DEPARTMENT Motion made by Member Kelly and seconded by Member Hovland for award of bid for a Utilities Department front-end loader attachment to St.Joseph Equipment under State Contract #42811,at$40,257.00. Motion carried on rollcall vote-four ayes. DATES SET FOR 2003 VOLUNTEER RECOGNITION RECEPTION AND ANNUAL MEETING Mr. Hughes presented possible dates for the 2003 Annual Meeting and the Volunteer Recognition Reception. Following a brief Council discussion, Mayor Maetzold made a motion setting Tuesday, 5:00 P.M., March 25, 2003, for the Annual Meeting at Centennial Lakes and Tuesday, 5:00 P.M., April 22, 2003, for the Volunteer Recognition Reception at Edinborough Park. Member Kelly seconded the motion. Ayes:Housh,Hovland,Kelly,Maetzold Motion carried. *RESOLUTION NO. 2002-109 - AMENDMENT OF CITY OF EDINA DEFERRED COMPENSATION PLANS I AND II Member Kelly introduced the following resolution seconded by Member Hovland and moved its adoption: RESOLUTION NO.2002-109 A RESOLUTION APPROVING THE FIRST AMENDMENT OF CITY OF EDINA DEFERRED COMPENSATION PLANS I AND II WHEREAS, the City of Edina adopted resolutions on January 5, 1998, regarding deferred compensation,and on December 21, 1998, adopted resolutions to authorize the amendment and restatement of the City of Edina Deferred Compensation Plan I and the City of Edina Deferred Compensation Plan II (hereinafter referred to as the "Plans"), to comply with applicable laws then in effect, and to authorize the adoption of the amended and restated Plans effective as of January 1,1999; WHEREAS, the City of Edina reserved the right to amend the Plans under section 9.1 of the amended and restated Plans; Page 4 Minutes/Edina City Council/December 3,2002 WHEREAS, for years beginning after December 31, 2002, the Economic Growth and Tax Relief Reconciliation Act of 2001 made significant changes to the Internal Revenue Code ("Code") provisions governing deferred compensation plans, including plans subject to the requirements of section 457 of the Code; WHEREAS, for years beginning after December 31, 2002, regulations and guidance regarding sections 401(a)(9), 414(v), and 457 of the Code have been issued by the Department of Treasury regarding the law governing plans subject to the requirements of section 457 of the Code; WHEREAS, it has been proposed that the City of Edina authorize the amendment of the Plans as required to comply with the changes in the law,to reflect the guidance issued by the Internal Revenue Service,and to take advantage of opportunities made available under the law; WHEREAS, a First Amendment of City of Edina Deferred Compensation Plan I and a First Amendment of City of Edina Deferred Compensation Plan II have been prepared and presented to the City of Edina for review and consideration; WHEREAS, it has been proposed that the City of Edina approve and authorize the adoption of the First Amendment of City f Edina Deferred Compensation Plan I and the First Amendment tY P of City of Edina Deferred Compensation Plan II, in substantially the form presented to the City of Edina, effective as of the dates provided for in those amendments. NOW,THEREFORE, BE IT RESOLVED, that the City of Edina hereby approves and authorizes the adoption of the First Amendment of City of Edina Deferred Compensation Plan I and the First Amendment of City of Edina Deferred Compensation Plan II in substantially the form presented to the City of Edina, effective as of the dates provided for in those amendments, and hereby authorizes and directs the City Manager of the City of Edina to arrange for the execution of said amendments in substantially the form presented to the City of Edina and to take whatever actions are necessary or appropriate to put said amendments into final form and effect as of the effective dates provided in those amendments. BE IT FURTHER RESOLVED, that the City of Edina hereby authorizes and directs the City Manager of the City of Edina to do and perform every other act necessary and proper in order to carry out the actions herein described and to accomplish the objectives herein stated. Motion carried on rollcall vote-four ayes. EDINBOROUGH PARK ICE RINK IMPROVEMENT REPORT PRESENTED Director Keprios stated the Park Board has recommended that Edinborough Park's small indoor skating rink 1) be converted to an indoor playground structure, 2) new security doors be installed on the upper level entrance to the Park, and 3) instituting a fee for having access to the Great Hall, grotto area, the new playground structure and small playground tot lot. Mr. Keprios explained in an effort to operate Edinborough Park in a financially efficient manner, the Park Board suggested eliminating the small indoor skating rink and replacing it with an indoor playground equipment structure. Reasons given by the Park Board for this recommendation include: 1. Edinborough Park currently operates at an annul deficit of $150,000. Tax increment dollars are no longer available for repairs/improvements. g p p 2. Significant repairs/improvements are needed to continue the operation of the skating rink estimated at$110,000. Repairs/improvements needed are, a) a new ice-resurfacing machine b) refrigeration pipes believed to be leaking coolant, and c) new compressors need replacement within three years at a cost of approximately $80,000. 3. Current playground structure is a) undersized for the demand, b) out of date and does not meet current safety zone standards, c) unable to acquire replacement parts, d) is not handicapped accessible, d) free to the public, and generates no revenue for the City of Edina. Page 5 Minutes/Edina City Council/December 3,2002 4. New playground structure placed on skating rink will generate revenues by encouraging users to the lower level of Edinborough Park. 5. Recent survey depicted that 7 out of every 10 park users are not Edina residents. 6. Maintaining a playground structure is much less expensive to operate and maintain than a small ice skating rink. 7. Recent survey showed people are willing to pay for access to an improved indoor park. 8. Surrounding communities charge for use of indoor play areas. People are accustomed to paying for food and beverages to use"free" play structures at fast food restaurants. 9. Number of persons using the park could be controlled by having an entrance fee. 10. An entrance fee would discourage professional photographers from shooting weddings, etc. in the park. 11. Access doors and admission charges would improve security during events and hours when the park is closed. The main drawbacks of the plan,as noted by the Park Board are as follows: 1. Park users may feel the character of the park will be altered. 2. Elimination of skating for toddlers (lessons,programs and open skating). 3. Elimination site for dry-floor functions - silent auctions, dancing, sales boutiques, intimate seating and dining. Mr. Keprios presented a graphic depicting the proposed play structure that could be installed at Edinborough Park in the skating rink location. He explained the existing tot lot would remain for a toddlers play area with some minor modifications. Projected revenues from this proposal would be conservatively $70,000 per year with appreciably less operating and maintenance costs. Construction could take place during summer 2003. Fees would be charged to park patrons beginning in September 2003. Member Hovland asked where families will go for skating lessons in winter 2003/2004. Mr. Keprios said Braemar Arena be able to handle the lesson schedule. Member Housh said the skating rink was the highlight of Edinborough Park when it was opened. He indicated before removing the ice rink all angles must be explored before making a final decision. He inquired whether more revenue could be generated with fees being charged for the other amenities. Member Kelly wondered if an even more ambitious approach should be considered, such as creating more of a water park in the pool area. He said he believes the park is an under-utilized asset. Mr. Kelly said, care needs to be taken that any type of structure that is chosen could be expanded. Mayor Maetzold emphasized the fact that the Park has a lack of locker room space. Mr. Hughes said after studying the situation,space would be available for additional locker rooms. Mr. Hughes reiterated following Council's suggestions, staff would move forward in concept with the proposal and it would be back before the Council in January following approval of the Capital Improvement Plan. No formal Council action was taken. Page 6 Minutes/Edina City Council/December 3,2002 TERRORISM INSURANCE UPDATE PRESENTED Member Housh noted he had asked for the Terrorism Insurance Update be removed from the Consent Agenda to verify that the City due to recent federal legislation now has some coverage for terrorist acts. He pointed out that our carrier should be approaching in the next few months with a quote and new coverage limits. *RENEWAL OF 2003 REFUSE COLLECTION CONTRACT WITH WASTE MANAGEMENT FOR MUNICIPAL FACILITIES Motion made by Member Kelly and seconded by Member Hovland approving the renewal of the refuse collection contract with Waste Management for municipal facilities for 2003,at$26,988.49. Motion carried on rollcall vote-four ayes. LETTER OF INTENT FOR EDINA DIAL-A-RIDE PROGRAM PRESENTED Mr. Hughes explained the Senior Community Services (SCS) has operated the Dial-a-Ride Program in Edina for the past two years. The Program has been operated pursuant to a Demonstration Grant awarded by the Metropolitan Council. The grant period has ended and the City has tentatively approved a $24,000 line item in the 2003 budget to continue the program. Mr. Hughes presented a Letter of Intent to Benjamin F. Withhart, Senior Community Services, outlining fourteen points that reflect our understandings, which would be recited in an agreement following the budget adoption process later in December. The purpose of the Letter of Intent is to allow the program to continue pending final approval of a contract. Mr. Hughes explained he serves on the Board of Senior Community Services as their Treasurer and receives no compensation for this service. Following a brief Council discussion, Member Hovland made a motion approving the Letter of Intent for the Edina Dial-a-Ride Program to Senior Community Services (SCS) as presented. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. *2003 PUBLIC HEALTH NURSING SERVICES CONTRACT APPROVED Motion made by Member Kelly and seconded by Member Hovland approving the City of Edina Public Health Nursing Services Contract for 2003 at$195,308.00. Motion carried on rollcall vote-four ayes. *CONFIRMATION OF CLAIMS PAID Member Kelly made a motion and Member Hovland seconded the motion approving payment of the following claims as shown in detail on the Check Register dated November 19, 2002, and consisting of 28 pages: General Fund$168,862.24; Communications Fund $1,726.74; Working Capital Fund $338,245.82; Construction Fund $714,950.37; Art Center Fund$6,314.74; Golf Dome Fund$4,835.91; Aquatic Center Fund$332.28; Golf Course Fund $9,206.80; Ice Arena Fund $1,297.54; Edinborough/Centennial Lakes Fund $8,641.16; Liquor Fund $159,127.32; Utility Fund $150,831.60; Storm Sewer Fund $1,485.99; TOTAL $1,565,858.51; and for approval of payment of claims dated November 25, 2002, and consisting of 62 pages: General Fund$533,818.80; CDBG Fund $1,985.00; Communications Fund $4,927.59;Working Capital $23,975.30; Construction Fund $47,253.03; Art Center Fund$19,478.46; Golf Dome Fund $3,812.93; Aquatic Center Fund$691.47; Golf Course Fund $3,298.69; Ice Arena Fund $1,181.50; Edinborough/Centennial Lakes Fund $5,595.10; Liquor Fund $80,061.71; Utility Fund$48,199.60; Storm Sewer Fund$6,926.25;Payroll Fund$480,000.00; TOTAL$1,261,205.43. Motion carried on rollcall vote-four ayes. Page 7 Minutes/Edina City Council/December 3,2002 PUBLIC HEARING HELD ON 2003 LIQUOR LICENSE FEES; FIRST READING GRANTED TO ORDINANCE NO. 2002-8 AMENDING CODE SECTION 185, INCREASING CERTAIN FEES Affidavits of Notice were presented, approved and ordered placed on file. Mr. Hughes pointed out the proposed increased fees reflect the 3% increase discussed during the development of the 2003 Operating Budget. He noted that the Utility Fund fees were being reviewed by a consultant and would be before the Council at their first January 2003 meeting. Mayor Maetzold called for public comments. No one appeared to speak. Member Kelly made a motion to close the public hearing. Member Hovland seconded the motion. The Council noted they would like an explanation of why the fees for installing sprinklers in commercial building were based upon the number of sprinkler heads. Ayes: Housh,Hovland, Kelly,Maetzold Motion carried. Member Kelly made a motion to grant first reading to Ordinance No. 2002-8 Increasing Fees in Section 185 as proposed. Member Hovland seconded the motion. Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Motion carried. RESOLUTION NO. 2002-106 - YEAR 2003 PARK AND RECREATION FEES AND CHARGES APPROVED Member Housh inquired whether a plan had been established to defray operating costs for the Senior Center. Mr. Keprios responded that work has begun to move from free to fee in some areas,and to adapt the Senior Center kitchen to allow catering to offset the cost of operation. Member Hovland asked if a fee could be charged for room rental. Mr. Keprios explained some rooms have been rented but more could be done with a little marketing. Member Kelly inquired whether membership numbers have increased significantly. Mr. Hughes said membership has increased by 50% with the opening of the new Senior Center. Mr. Hughes explained it has become a mind set that a value has never been established for membership at the Senior Center. The program is not viewed as fee based but is viewed as an entitlement program. Mr. Housh asked Braemar Golf Course Manager Valliere where he believed golf is in popularity. Mr.Valliere said he believes the largest factor hurting the industry is the weather. He said Braemar came through better than many other courses in the metropolitan area. Mr. Hovland asked for a comparison between last year and this year both with the golf course and the driving range. Mr. Valliere said revenues are off approximately 5 1/2 percent at the golf course but revenues at the driving range are up. Mr. Hovland asked if consideration had been given to expanding the driving range. Mr. Valliere said golf equipment today is able to hit the ball further than ever creating a safety issue. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-106 SETTING 2003 PARK AND RECREATION FEES BE IT RESOLVED that the Edina City Council does hereby approve and set the following 2003 Park and Recreation Fees. Page 8 Minutes/Edina City Council/December 3,2002 PARK AND RECREATION 2003 PLAYGROUND $21.00 ADULT TENNIS INSTRUCTION $38.00 YOUTH TENNIS INSTRUCTION $38.00 PEE WEE TENNIS $27.00 TEAM TENNIS $65.00 TENNIS CAMP $80.00 YOUTH SUMMER CLASSIC $14.00 singles TENNIS TOURNAMENT $21.00 doubles ADULT SUMMER CLASSIC $16.00 singles TENNIS TOURNAMENT $21.00 doubles FAB 4 &5 $49.00 NATURE CAMP $55.00 FISHING CLINIC N/A LEAGUE OF CHAMPS $5.00 per person SPORTS SPECTACULAR N/A MN VIKINGS TRAINING CAMP N/A SAFETY CAMP $20.00 ADULT ATHLETIC FEES SUMMER SOFTBALL BASKETBALL 2003 5-Man C League $450.00 Co-Rec &Mens $385.00 5-Man B League $450.00 Classic League Mens/Womens 35 & $350.00 Over &Industrial HOCKEY League Non-Resident Fee $26.00 4-Man League $250.00 (Individual) Non-Resident Fee $155.00 (Team) FALL SOFTBALL BROOMBALL Co-Rec Leagues $250.00 Co-Rec League $275.00 Mens Leagues $225.00 Non-Resident Fee $26.00 (Individual) Non-Resident Fee $155.00 (Team) VOLLEYBALL Officiated Leagues $285.00 Non-Resident $10.00 (Individual) AQUATIC CENTER SEASON TICKETS RESIDENT FAMILY: First 2 members $75.00/$85.00 Each additional member $35.00 Maximum (8 members) N/A Page 9 Minutes/Edina City Council/December 3,2002 RESIDENT INDIVIDUAL: *40.00/$50.00 NON-RESIDENT FAMILY: First 2 members $90.00/$100.00 Each addition al member $40.00 Maximum(8 members) N/A NON-RESIDENT INDIVIDUAL $50.00/$60.00 Daily Admission $8.00 Admission after 6 P.M. $6.00 Aquatic Instruction $68.00 *Early Bird Special if purchased no later than May 1,2003. ART CENTER Membership rates-FAMILY$40-$30 INDIVIDUAL (Edina Resident Members$5.00 off) HOURS Q CLASS PRICE HOURS Q WORKSHOP PRICE $5.80/hour Non-Member,Member $8.00/hour (parent/child) 30 $174/$156 9 $72/$65 24 $139/$125 8 $64/$58 22 $128/$115 7 $56/$50 20 $116$104 6 $48/$43 18 $104/$94 5 $40/$36 16 $93/$84 15 $87/$79 HOURS Q 14 $81/$73 $9.00/hour 12 $70/$63 4 $36/$32 10 $58/$52 3 $27/$24 9 $52,/$47 2 $18/$16 8 $46/$41 1 $9/$8 7 $41/$37 ARENA Hourly Rate (as of 9/95) $145.00 Open skating(Youth and Adult) $4.00 Skate Rental $2.00 Skate Sharpening $4.00 SEASON TICKETS (set first week of September) RESIDENT FAMILY: First 2 members $80.00 Each additional member $5.00 Maximum(7 persons) $105.00 RESIDENT INDIVIDUAL: $70.00 NON-RESIDENT FAMILY: First 2 members $95.00 Each additional member $5.00 Maximum (7 persons) $120.00 NON-RESIDENT INDIVIDUAL $80.00 CLASSES $90.00 Page 10 Minutes/Edina City Council/December 3,2002 BRAEMAR GOLF COURSE GREEN FEES 18 hole-non-patron $31.00 18 hole-patron $23.00 9 hole-non-patron $18.00 9 hole-patron $13.00 GROUP FEES-18 holes $46.00 GROUP FEES-9 holes $20.00 PATRON CARDS (before April 1) Individual $60.00 Executive Course $25.00 PATRON CARDS (after March 31) Individual $65.00 Executive Course $25.00 COMPUTERIZED HANDICAPS Resident $22.00 Non-Resident $26.00 LOCKERS Men's 72 inch $40.00 Men's 42 inch $30.00 Ladies 72 inch $20.00 CLUB STORAGE $45.00 CLUB RENTAL $8.50 PULL CARTS $3.00 GOLF CARS 18 holes $26.00 9 holes $15.00 18 holes/person with disability/sgl rider $16.00 Group Car Fees $36.00 GROUP GOLF LESSONS Adult $85.00 Junior $42.00 BRAEMAR ROOM Resident-wedding related $750.00 Non-residents-wedding related $850.00 Other events $350.00/$850.00 Concession Fees (an annual increase of 5%,as a general rule) BRAEMAR EXECUTIVE COURSE GREEN FEES Adult non-patron $11.00 Adult patron $9.00 Junior-non-patron $8.00 Junior-patron $7.00 Golf Cars (everyone) $13.00 Pull Carts $2.50 Group Fees $14.00 DRIVING RANGE Large Bucket $6.25 Page 11 Minutes/Edina City Council/December 3,2002 Small Bucket $4.00 Warm-Up Bucket $2.50 FRED RICHARDS GOLF COURSE GREEN FEES Adult-non-patron $11.00 Adult-patron $9.00 Junior-non-patron $8.00 Junior-patron $7.00 Golf Cars(everyone) $13.00 Pull Carts $2.50 Group Fees $14.00 GOLF DOME Large Bucket $6.50 Senior Bucket $6.25 Time Golf 1/2 hour $9.00 Hourly Field Rental $110.00 EDINBOROUGH PARK Daily Passes $4.00 SEASON PASSES Edina Individual $200.00 Each Additional Member $25.00 Maximum(7 Members) $350.00 Non-Edina Individual $230.00 Each Additional Member $30.00 Maximum(7 members) $410.00 Towel Fee $1.00 Skate Rental $2.00 Locker Rental $0.25 BUILDING RENTALS EXCLUSIVE RENTAL Friday Evening $2,000.00 Banners $150.00 Saturday Evening $2,000.00 Use of $125.00 Rink Area Prom $2,500.00 Cover Ice $400.00 Area NON-EXCLUSIVE RENTALS: (per hour) Domestic Photo Shoot(hourly) Any Park $75.00 Area Blocked Off Great Hall $300.00 Grotto $75.00 Theater $125.00 Theatre $75.00 Grotto $75.00 Great $75.00 Hall Ice Rink $100.00 Ice Rink $100.00 Page 12 Minutes/Edina City Council/December 3,2002 Ice Rink $100.00 Commercial Photo Shoot (hourly) Pool (swim team only) $25.00 Any Park $200.00 Area Blocked Off Grotto $200.00 Theatre $200.00 Great $300.00 Hall Ice Rink $300.00 CENTENNIAL LAKES Rental Concession Items Weekend Rental- Full Evening(6 PM-12 AM) Paddle Boats 4 person boat 1/2 hr $5.00 Friday evening $800.00 Winter sled per hr $5.00 Saturday evening $800.00 Ice Skates $4.00 Champion Putting BUILDING RENTALS 9 hole $4.00 1/2 day- Salon M-TH $150.00 18 hole $7.00 Sunday- 1/2 day Salon $250.00 Amphitheater Rental Lawn Games Amphitheater Rental $200.00 Per Court $10.00 COMMERCIAL $50.00/hr PHOTO SHOOT PARK DEPARTMENT RENTALS General Park Areas: Van Valkenburg/Courtney Fields (Residents Only) Resident Use/hour $38.00 Per field/day includes $155.00 building Resident Use/day $116.00 Edina Athletic Associations Commercial Use (i.e. $65.00 Field User $8.00 TV)/hour fee/participant Commercial use with $120.00 Edina Hockey Association light/hour Outdoor Hockey Rink Picnic shelter/day- $120.00 Field User $8.00 Cornelia fee/participant Showmobile/day $700.00 Park Shelter Buildings (half-day) Athletic Fields-Residents Only: Weber Park $50.00 Per field-per day $116.00 Cornelia School $50.00 Park Per field-per hour $38.00 Todd Park $50.00 Per field-per hour $60.00 Walnut Ridge Park $50.00 (with lights) ARNESON ACRES PARK/TERRACE ROOM Park Shelter Buildings (full-day) ONLY Per hour,first hour $40.00 Weber Park $80.00 Each additional hour $25.00 Cornelia School Park $80.00 Page 13 Minutes/Edina City Council/December 3,2002 up to 3 hours Per day(4 hours or $115.00 Todd Park $80.00 more) ARNESON ACRES PARK/GAZEBO ONLY Walnut Ridge Park $80.00 "A day(6 hrs or less) $30.00 Rosland Park Pathway: Full day(over 6 hours) $60.00 Per hour $55.00 ARNESON ACRES TERRACE ROOM/GAZEBO: Per day $210.00 Per day(4 hours or $150.00 more) Per hour,first hour $53.00 Each additional hour $ 25.00 up to 3 hours PEGGY KELLY MEDIA ARTS STUDIOS DO-IT YOURSELF HOURLY EQUIPMENT 2 DAY SERVICES FEE RENTAL RENTAL Transfer movies to video $14.00/ 35mm Slide $20.00 $35.00* Projector Pictures or slides to $14.00/ VHS Camcorder $25.00 video (album) $35.00* Audio Dubbing or $14.00/ Overhead Projector new$20.00 Transfer $35.00* old$15.00 Digital Video Editing $20.00/ Opaque Projector $25.00 $50.00* 35mm Photo Copies $10.00/ 16mm Movie $25.00 $35.00* Projector 35mm Slide Copies $10.00/ Super 8mm $25.00 $35.00* Projector w/sound VHS Video Copies $5.00/copy 8mm Movie $20.00 (up to 3 at one time) Projector Studio does it $10.00 Foreign Conversion $10.00 Lowell Light Kit $20.00 (PAL, SECAM) Studio does it $15.00 Laminator/Heat Press $4.00 Wireless Mike Kit $20.00 Audio Cassette Dupl. $1.00/ Movie screen $5.00 copy Customer provides blank cassettes (video and audio),film and lamination supplies. *STUDIO COPYING%FRANSFERRING PHOTO/VIDEO STUDIO RENTAL Photo Studio-not staffed $30.00/hr non member $20.00 member COMPUTER OPEN STUDIO TIME Macintosh G3 or Compaq 266 Mhz PC $8.00/hr. (includes use of Adobe Photoshop,PageMaker and non-members pay Illustrator software with Epson Color Stylus an add'1$10.00 printing-prints purchased separately) daily access fee MEMBERSHIP One day/one visit pass-$10.00 $10.00 Annual Individual Membership (12 months) $30.00 Page 14 Minutes/Edina City Council/December 3,2002 Annual Family Membership (12 months) $40.00 EDINA SENIOR CENTER FEES Golf League Membership (Richards Golf Course) $10.00 55+ Softball League Membership (Van Valkenburg) $30.00 Volleyball League Membership $15.00 Bowling League Membership $10.00 Edina Senior Center Membership $15.00 ROOM RENTAL Fireside Room &Classrooms per hour-minimum 2 hours $30.00 Fireside Room &Classrooms per day $130.00 Gathering Room per hour-minimum 2 hours $40.00 Gathering Room per day $180.00 Member Housh seconded the motion. Ayes: Housh, Hovland,Kelly,Maetzold Motion carried. RESOLUTION NO. 2002-105 - YEAR 2003 AMBULANCE FEES APPROVED Mr. Hughes explained that Resolution No. 2002-105 represents a 5% increase in Ambulance Fees across the board for 2003. Fees are impacted by an assignment of Medicare, which can be troublesome to the bottom line. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-105 SETTING AMBULANCE FEES FOR 2003 BE IT RESOLVED that the Edina City Council does hereby approve and set the following ambulance service fees for 2003. AMBULANCE FEES Service Level Fees for Ambulance Service, including medical treatment and/or transportation to a medical facility: Level 1 -ON SCENE TREATMENT $255.00 Specialized medical services performed at scene with no transport involved Level 2-MINOR CARE (BLS) $545.00 Vital Signs, Splinting,Bandaging, etc. Level 3-MODERATE CARE (ALS) $670.00 IV, Nitrous, Nitro Spray, ASA EKG Monitoring, Spine Immobilization Level 4-MAJOR CARE $840.00 Medications, PCT (inflated), Cardiac Pacing, Cardioversion, Interosseous Infusions,Airway Management Level 5-RESPIRATORY/CARDIAC ARREST $945.00 Level IV plus any: Cardio/Pulmonary Resuscitation (CPR), Defibrillation OXYGEN ADMINISTRATION $39.00 MILEAGE FROM SCENE TO HOSPITAL $12.00/mile ADDITIONAL MANPOWER OR MECHANICAL $420.00/hour EXTRICATION 1 hour minimum Member Kelly seconded the motion. Page 15 Minutes/Edina City Council/December 3,2002 Rollcall:Housh,Hovland,Kelly,Maetzold Motion carried. RESOLUTION NO. 2002-104 - YEAR 2003 MISCELLANEOUS FEES APPROVED Mr. Hughes explained the fees relate primarily to the Fire Department and Planning Department. Member Housh asked how often the Special Operations Team is called upon and whether they know they will be billed for the services. Mr. Hughes said unique situations occur infrequently but when they are called,they are prepared to help. Member Housh introduced the following resolution and moved its adoption: RESOLUTION NO.2002-104 SETTING MISCELLANEOUS FEES FOR 2003 BE IT RESOLVED that the Edina City Council does hereby approve and set the following miscellaneous fees for 2003: SPECIALIZED RESPONSE Engine/Fire Company $315.00/hour Ladder Company $420.00/hour HazMat Unit $475.00/hour Special Operations Team $525.00/hour Limited Response $160.00/hour Specialized Equipment Cost+15%administrative charge Supplies Cost+15%administrative charge Disposal Cost+15%administrative charge Other City Resources Cost+15%administrative charge Ambulance Standby $150.00/hour PLANNING DEPARTMENT 2003 Zoning Compliance Letter $125.00 Member Hovland seconded the motion. Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Motion carried. RESOLUTION NO. 2002-110 - BOND SALE APPROVED FOR VOLUNTEERS OF AMERICA Attorney Gilligan explained a request has been received from Volunteers of America Care Centers, Minnesota ("VOA Care Centers') for the purpose of issuing industrial revenue bonds under Minnesota Statutes 469.152 to 469.165. He explained the City would have no liability in this issuance. The proceeds of the bonds will refund the bonds issued by the City in 1995, which financed nursing home facilities in Edina and Crystal as well as finance the acquisition of assisted living facilities in Coon Rapids, Minnesota. Coon Rapids and Crystal must consent to this issuance as well and will be required to execute a Joint Powers Agreement whereby Edina is authorized to issue the bonds. Debt service on the bonds will be payable solely from payments to be made by VOA Care Centers and will be secured by a first mortgage on the facilities in Edina, Crystal and Coon Rapids financed and refinanced by the bonds. Volunteers of America Care Facilities, parent- corporation of VOA Care Centers, initially will guarantee the Bonds. Such guaranty will be released upon achievement by VOA Care Centers of certain financial tests. VOA Care Centers will pay all City expenses with respect to the bonds, and upon issuance of the bonds, will pay the City a fee equal to 1/2 of 1% of the principal amount of the bonds in accordance with the City's guidelines for issuance of revenue bonds. Page 16 I Minutes/Edina City Council/December 3,2002 Member Housh inquired where the fee comes from. Mr. Gilligan responded that a number of cities lend their name to the bond issue and will charge a fee for this. A fee schedule was established a number of years ago to cover this use. Member Hovland made a motion to close the public hearing,seconded by Member Housh. Ayes: Housh,Hovland, Kelly,Maetzold Motion carried. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-110 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF HEALTH CARE FACILITIES REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO 469.165,AS AMENDED,AT THE REQUEST OF VOA CARE CENTERS,MINNESOTA, AND APPROVING THE FORMS OF REQUIRED DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City"), as follows: 1. Authority: Pursuant to Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act"), the City is authorized to issue revenue bonds or notes and sell such bonds or notes at public or private sale as may be determined by this body to be most advantageous; and to loan the proceeds of its revenue bonds or notes for the purpose of financing permitted costs of authorized projects, all as further provided in the Act, or to refund bonds or notes issued under the Act. Such revenue bonds or notes may be secured by a pledge of the revenues to be derived by the City from a loan agreement with the borrower, and by such other security devices as may be deemed advantageous. Under the provisions of the Act, any bonds or notes so issued by the City shall be special,limited obligations of the City, and shall not constitute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. 2. The Bonds and the Project. VOA Care Centers, Minnesota, a Minnesota nonprofit corporation (the "Borrower") has proposed to undertake a project consisting of (i) the acquisition by the Borrower of assisted living facilities located in the City of Coon Rapids, Minnesota and the construction of improvements thereto and the acquisition and installation of items of equipment therein, and (ii) to refund the outstanding Health Care Facilities Revenue Bonds (Volunteers of America Care Facilities Projects), Series 1995, previously issued by the City on behalf of the Borrower, the proceeds of which were used to refinance certain indebtedness incurred in the acquisition, construction and equipping of nursing home facilities of the Borrower of the City and in the City of Crystal, Minnesota and to provide funds for certain renovations, expansion and improvements thereto (together, the "Project"), and has further proposed that the City issue and sell its Health Care Facilities Revenue Bonds, in one or more series substantially in such forms and subject to the terms and conditions as are set forth in the Indenture referred to below (the "Bonds"), pursuant to the Act, and loan the proceeds thereof to the Borrower to finance the Project. 3. Public Hearing. Following not less than 14 nor more than 30 days' published notice in a newspaper of general circulation in the City, the City Council conducted a public hearing on the date hereof with respect to the Project and the issuance of the Bonds. All persons present had an opportunity to express their views with respect to the Project and the issuance of the Page 17 Minutes/Edina City Council/December 3,2002 Bonds. Based on the information presented, the City hereby finds and determines that the undertaking of the Project and the issuance of the Bonds are in the public interest and will promote the purposes of the Act. 4. Joint Powers Agreement. Pursuant to a Joint Powers Agreement (the "Joint Powers Agreement") to be entered into by the City, the City of Coon Rapids ("Coon Rapids") and the City of Crystal ("Crystal") pursuant to Minnesota Statutes, Section 469.155, subdivision 9, and Minnesota Statutes, Section 471.656, subdivision 2(4), Coon Rapids and Crystal will consent to the issuance of the Bonds by the City to finance or refinance the portions of the Project located in their jurisdictions. 5. Application to Department of Trade and Economic Development,Approval of Project. The Project is hereby approved by the City, subject only to the approval thereof by the Commissioner of Trade and Economic Development of the State of Minnesota, as required by the Act. The Mayor,the City Manager and other officers of the City are authorized to take such action as may be required to obtain the approval of the Commissioner of the Department of Trade and Economic Development of the Project, as required by the Act. All costs of the City relating to the issuance of the revenue bonds,whether or not successfully issued, shall be paid or reimbursed by the Borrower. 6. Documents Presented. Forms of the following documents relating to the Bonds and the Project have been submitted to the City and are now on file in the offices of the City: a. Loan Agreement (the "Loan Agreement") dated as of December 1, 2002, between the City and the Borrower;and b. Trust Indenture (the "Indenture") dated as of December 1, 2002, between the City and U.S.Bank National Association,as trustee (the "Trustee");and c. Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between Dougherty&Company LLC(the "Underwriter"),the Borrower and the City;and d. Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment of Leases and Rents (the "Mortgage") dated as of December 1, 2002, from the Borrower to the Trustee;and e. Guaranty Agreement (the "Guaranty Agreement") dated as of December 1, 2002, from Volunteers of America Care Facilities, a Minnesota nonprofit corporation (the "Guarantor") to the Trustee;and f. Continuing Disclosure Agreement dated as of December 1, 2002, (the "Continuing Disclosure Agreement"),between the Borrower and the Trustee;and g.Joint Powers Agreement;and h.Preliminary Official Statement related to the Bonds. 7. Approval and Execution of Documents. The forms of Loan Agreement, Indenture, Bond Purchase Agreement, Continuing Disclosure Agreement, Guaranty, Mortgage and Joint Powers Agreement, referred to in paragraph 5, are approved. The Loan Agreement, Indenture, Bond Purchase Agreement and Joint Powers Agreement shall be executed in the name and on behalf of the City by the officers identified in paragraph 12, in substantially the forms on file, but with all such changes therein as may be approved by the officers executing the same,which approval shall be conclusively evidenced by the execution thereof. 8. Official Statement.The City hereby consents to the distribution by the Underwriter of the Preliminary Official Statement and the final Official Statement to potential purchasers of the Bonds; however, the City makes no representations with respect to, and assumes no responsibility for the sufficiency, accuracy, completeness or contents of, the Preliminary Official Statement or the final Official Statement.To satisfy the requirements of Rule 15c2-12 of the Securities Exchange Commission, as amended, the City Manager is hereby authorized on behalf of the City to deem the information relating to the City contained in the Preliminary Official Statement to be final as of its date. Page 18 Minutes/Edina City Council/December 3,2002 9. Approval, Execution and Delivery of the Bonds. The officers of the City are hereby authorized and directed to execute and issue the Bonds, and the Bonds shall be issued in such series and shall be substantially in such forms, mature, bear interest, and be payable according to such terms and shall otherwise contain such terms and provisions as are set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the aggregate principal amount of each series of the Bonds,the interest rates thereon,the amount and dates of the principal payments required to be made with respect thereto, and the rights of optional and mandatory redemption with respect thereto shall all be set forth in the Indenture as executed and shall all be subject to the final approval of the officers of the City who execute and deliver the Indenture in accordance with the provisions of this resolution, such approval to be conclusively evidenced by the execution thereof; provided further, however, that, in no event shall the aggregate principal amount of the Series 2002A Bonds described in the Indenture exceed$10,000,000,shall the final maturity of the Series 2002A Bonds be in excess of 30 years from the date of issuance thereof, or shall the net interest cost with respect thereto exceed 7.00% per annum; and provided further that in no event shall the aggregate principal amount of the Series 2002B Bonds described in the Indenture exceed $350,000,shall the final maturity of the Series 2002B Bonds be in excess of 30 years from the date of issuance thereof, or shall the net interest cost with respect thereto exceed 6.00% per annum. The Bonds shall recite that they are issued pursuant to the Act and such recital shall, to the fullest extent permitted by law,conclusively establish the legality and validity thereof. The Bonds shall be sold to the Underwriter in accordance with and upon the terms and conditions set forth in the Bond Purchase Agreement. The Mayor and City Manager are hereby authorized to approve the purchase price of the Bonds, provided that the purchase price of the Series 2002A Bonds (exclusive of accrued interest, if any) shall not be less 98% of the principal amount thereof, less any portion of the principal amount which represents original issue discount, and the purchase price of the Series 2002B Bonds (exclusive of accrued interest, if any) shall not be less than 85% of the principal amount thereof, less any portion of the principal amount which represents original issue discount. 10. Certificates, etc. The officers of the City are authorized to prepare and furnish to Dorsey & Whitney LLP, Minneapolis, Minnesota, as Bond Counsel, and to the Underwriter, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers'custody and control or as otherwise known to them;and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements of fact contained therein. 11. Nature of City's Obligations. All covenants, stipulations, obligations, representations, and agreements of the City contained in this Resolution or contained in the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this Resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed upon the City by the provisions of this Resolution or of the aforementioned documents shall be exercised or performed by such officers or agents as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the documents referred to above shall be deemed to be a covenant, stipulations, obligation, representation, or agreement of any City Council Member, officer, agent, or employee of the City in that person's individual capacity, and neither any member of the City Council nor any officer or employee executing the Bonds or such documents shall be liable personally on the Bonds or be subject to any representation, personal liability or accountability by reason of the issuance thereof. No provision, representation, covenant or Page 19 Minutes/Edina City Council/December 3,2002 agreement contained in the Bonds, this Resolution or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation, or indebtedness or pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in the Bonds or in any other document related to the Bonds,the City has not obligated to pay or remit any funds or revenues,except for revenues derived from the Loan Agreement that are pledged to the payment of the Bonds/ 12. Authorized Officers. The Bonds and the documents referred to herein are authorized to be executed on behalf of the City by its Mayor and City Manager;provided,however,that in the event that either of those officers shall be unavailable or for any reason be unable to execute the Bonds or any other document to be entered into by the City in connection therewith, any other officer of the City, acting alone or with one or more other officers, is hereby directed and authorized to do so on behalf of the City. Passed and adopted this 3rd day of December 2002. Member Kelly seconded the motion. Rollcall: Ayes: Housh,Hovland,Kelly,Maetzold Motion carried. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 8:35 P.M. &WA Clerk Page 20