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HomeMy WebLinkAbout2003-01-21 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JANUARY 21,2003 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hovland, Masica and Mayor Maetzold. Member Kelly entered the meeting at 7:20 P.M. CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Council Consent Agenda as presented with the exception of Agenda Item IV.B. Two Mid-Sized Unmarked Police Cars, and Agenda Item V.J. Technical Correction of Minutes. Rollcall: Ayes: Housh, Hovland, Masica, Maetzold Motion carried. *MINUTES OF THE REGULAR MEETING OF JANUARY 7, 2003, AND SPECIAL MEETING OF DECEMBER 23, 2002, APPROVED Motion made by Member Hovland and seconded by Member Housh, approving the Minutes of the Regular Meeting of the Edina City Council for January 7,2003, and Special Meeting of December 23,2002. Motion carried on rollcall vote -four ayes. *PUBLIC HEARING DATE SET OF FEBRUARY 4, 2003, FOR DESIGNATION OF HERITAGE LANDMARKS Motion made by Member Hovland and seconded by Member Housh setting February 4, 2003, as hearing date for the Designation of Heritage Landmarks. Motion carried on rollcall vote -four ayes. ORDINANCE NO. 2002-10 ADOPTED - AMENDMENTS TO SECTION 900 AND SECTION 1230 OF CITY CODE Manager Hughes explained the modifications made to the proposed ordinance amendment at Council's direction when they granted First Reading. He said that "intoxicating malt liquor" was added to the definition of "temporary on-sale intoxicating liquor licensee." Secondly, permits for use of City property include restrictions with respect to signage. Applicants must submit scaled drawings showing proposed signage and requiring City Council review of same when granting any permit for use of City property. Mr. Hughes pointed out that the proposed ordinance would not regulate signage of any license granted for use on private property. Member Mascia said it should be remembered that the serving of alcohol will be secondary to the Art Fair,not the primary focus. Member Hovland commented that he was more comfortable with the proposed ordinance amendment after having more time to digest it. He noted that the ordinance can always be amended again if it proves necessary after monitoring events at which temporary licenses have been granted. Page 1 Minutes/Edina City Council/lanuary 21,2003 Mayor Maetzold said it should be remembered that responsible use of alcohol would not constitute irresponsible behavior. When used responsibly, alcohol is not a demon. Mayor Maetzold agreed with Member Hovland that the ordinance could be reviewed and modified as deemed necessary. Public Comment Mayor Maetzold noted receipt of a letter from Paulette Hutton, 6316 Halifax Avenue South, expressing her concern with granting a permit for temporary liquor license at the Edina Art Fair because it has always been a family event. She stated she did not see the need to serve beer in the middle of the event. Kathy Iverson, 5410 York Avenue, Chair of Edina Chemical Health Partners, urged careful consideration of any permit located on City property, especially rigid review of location of proposed fencing. Ms. Iverson expressed concern that the entire parking area behind D'Amico be taken for a beer garden since many young people from near by residential areas have in the past ridden bikes to the Art Fairs and used that area to park and hang out. Member Housh stated he felt the City should take control of the issue so they could monitor and control how liquor was served. Member Housh moved approval of Edina Ordinance No. 2002-10 as follows: EDINA ORDINANCE NO. 2002-10 An Ordinance Amending Section 900 - Sale of Liquor and Wine; Licensing, Section 1230- Conduct in Parks and Public Places And Section 185- Fees and Charges THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Paragraph F. of Subsection 900.04 is amended as follows: F. Temporary On-Sale Intoxicating Liquor License - permits the on-sale of 3.2 percent malt liquor, intoxicating malt liquor, wine and intoxicating liquor at events sponsored by certain organizations. Not more than two such licenses shall be issued to the same organization or corporation in a calendar year with at least 30 days between issue dates. Each license shall be issued for not more than three consecutive days. The City Council may restrict such licenses to the sale of 3.2 percent malt liquor, intoxicating malt liquor or wine only." Section 2. Paragraph G. of Subsection 900.04 is amended as follows: "G. Temporary On-Sale 3.2 Percent Malt Liquor License - permits the on-sale of 3.2 percent malt liquor at events sponsored by certain organizations. Not more than two such licenses shall be issued to the same organization or corporation in a calendar year with at least 30 days between issue dates. Each license shall be issued for not more than three consecutive days." Section 3. Paragraph J. of Subsection 900.05 is amended to read as follows: "J. In the case of an application for a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License. The applicant shall provide evidence satisfactory to the Clerk that the applicant complies with the requirements of Subsection 900.08 as to being a qualified corporation or organization." Section 4. The second sentence of Subsection 900.06 is amended to read as follows: "The City Council shall conduct a public hearing on the application for a new On- Sale Intoxicating Liquor License or a Temporary On-Sale Intoxicating Liquor License Page 2 Minutes/Edina City CouncilAanuary 21, 2003 within a reasonable period following receipt of a complete application and completion of the investigation required by Subsection 900.05." Section 5. Paragraph L. of Subsection 900.08 is amended to read as follows: "L. If for a Temporary On-Sale Intoxicating Liquor License, any organization other than the Edina Chamber of Commerce, the 50th and France Business and Professional Association, the Edina Community Foundation or the City. A holder of a Temporary On-Sale Intoxicating Liquor License shall not be eligible to hold a Temporary On-Sale 3.2 Percent Malt Liquor License during all or part of the same license term." Section 6. Paragraph M. of Subsection 900.08 is amended to read as follows: "M. If for a Temporary On-Sale 3.2 Percent Malt Liquor License, any person who is not a non-profit corporation or organization that has been in existence for at least three years where the serving of alcoholic beverages is incidental to and not the main purpose of the organization and which is organized for i) charitable or religious purposes for which gifts are deductible from the income of the donor under the Internal Revenue Code of 1986, as now enacted or as supplemented or amended, ii) service to the nation, state or community, iii) social purposes, iv) promotion of sports,v) promotion of persons to elective office, or vi) promotion of business within the community. A holder of a Temporary On-Sale 3.2 Percent Malt Liquor License shall not be eligible to hold a Temporary On-Sale Intoxicating Liquor License during all or part of the same license term." Section 7. Subsection 900.09 is amended by providing a new Subd. 6 as follows: "Subd. 6 Temporary Licenses. In addition to the requirements of Subd 1 of this Subsection, not more than four Temporary On-Sale 3.2 Percent Malt Liquor licenses and not more than two Temporary On-Sale Intoxicating Liquor Licenses shall be issued for any one location in a calendar year with at least 30 days between issue dates. For purposes of this paragraph, "location" shall mean a physical location within 1000 feet of the perimeter of the premises first licensed in the calendar year. Section 8. Section 900 is amended by adding a new Subsection 900.13 as follows: "900.13 Special Requirements for Temporary Licenses. In addition to the requirements of Subsection 900.10 and Subd 4, Subd 6 and Subd 8 of Subsection 900.12, the following special requirements apply to the sale of 3.2 percent malt liquor, wine and intoxicating liquor sold pursuant to a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License issued in accordance with this Section: Subd.1 Licensed Premises. The licensed premises must have a physical barrier separating the licensed premises from other areas so as to prevent the passing of patrons in locations other than through approved entrances and exits. Subd. 2 Sales and Consumption. No sales or consumption of alcoholic beverages shall be permitted beyond the licensed premises. Subd. 3 Manager. The Council may require that the licensed premises be under the direct supervision of a manager approved by the Police Chief. In approving the qualifications of the manager, the Police Chief shall consider the manager's experience in overseeing the operation of an establishment or event that serves alcoholic beverages. Subd. 4 Police Protection. If required by the Council, the applicant shall provide, at the applicant's expense, policing of the license premises by security personnel approved by the Police Chief. Subd.5 Age of Servers. For a Temporary On-Sale Intoxicating Liquor License, all persons engaged in the service of alcoholic beverages must be not less than 21 years of age. Page 3 Minutes/Edina City CounciVf anuary 21,2003 Subd. 6 Hours of Sale and Consumption. In addition to the provisions of Subd. 7 and Subd. 8 of Subsection 900.10 of this Code, the Council may further restrict the sale and consumption of alcoholic beverages pursuant to a temporary license to certain hours. Subd. 7 Sale Prices. No licensee shall promote the consumption of alcoholic beverages on the licensed premises by any means or methods which result in prices which are less than those normally charged during the license term including, but not limited to, two-for-one offers, happy hours, or other similar offers, prizes, coupons, games or barters. Subd. 8 Other Requirements. The City Council may impose other requirements as it deems necessary to promote public safety. Section 9. Subsections 900.13, 900.14, 900.15 and 900.16 are respectively renumbered Subsections 900.14,900.15,900.16 and 900.17. Section 10 Subparagraph 1b.of Paragraph O. of Subsection 1230.02 is amended to read as follows: "b. Inside the Edinborough Park building, the Centennial Lakes Park Centrum building, the building at Arneson Acres Park, the Edina Art Center, the Edina Senior Center and on decks, patios and other outdoor dining areas which are adjacent to such buildings." Section 11. Paragraph O. of Subsection 1230.02 is amended by adding a new Subparagraph 5. as follows: "5. Alcoholic beverages may be consumed on premises holding a Temporary On- Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License issued pursuant to Section 900 of this Code and which are authorized by a permit issued pursuant to Subsection 1230.08 of this Code." Section 12. Section 1230 of the Code is amended by adding a new Subsection 1230.08 as follows: "1230.08 Special Permits for Temporary Liquor Licenses. The City Council may issue a special permit to the holder of a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating Liquor License issued pursuant to Section 900 of this Code for the purpose of occupying a park, street, sidewalk or publicly owned property with a licensed premises. Applications for a special permit shall be made on forms supplied by the Clerk and shall include a plan drawn to scale which illustrates the exact location of the licensed premises and all proposed signs, including signs attached to vehicles, that will be used to identify the licensed premises or to promote the sale of alcoholic beverages. The application shall be accompanied by the fee set forth in Section 185 of this Code. In addition to the requirements of Section 160 of this Code, no permit shall be issued pursuant to this Subsection unless the following requirements are met: A. The City Council shall find that the issuance of the permit i.) will not be detrimental to or endanger the public health, safety, morals and general welfare, ii.) will not cause undue traffic hazards, congestion or parking shortages and iii.) will not be injurious to the use and enjoyment, or decrease the value of other property in the vicinity,and will not be a nuisance. B. No signs or symbols of any kind shall be used to identify the licensed premises or product dispensed therein other than those specifically approved by the City Council. C. The permit holder shall indemnify and hold the City harmless from any loss, cost, damage and expense arising out of the holder's use, design, operation or maintenance of the property. The indemnity shall be on forms provided by the Clerk. Page 4 Minutes/Edina City Council/Tanuary 21, 2003 D. The permit holder shall furnish to the Clerk evidence that public liability insurance has been procured for any death or personal injury arising from the ownership, use, operation or maintenance of the property in the amounts of not less than $100,000 for injury to or death of one person, of $300,000 for any one incident, and not less than $50,000 for damage to property arising from any one incident. The permit holder shall maintain such insurance in effect at all times during the term of the permit. The City shall be named as an additional named insured in the policy providing such insurance. E. The permit holder shall furnish a surety bond, letter of credit or cash deposit in an amount determined by the City Council but not less than $5,000 to be used by the City for the purpose of replacing or repairing any damage to public property caused by the permit holder's use. A surety bond shall be from a corporate surety authorized to do business in the State. The surety bond, letter of credit or cash deposit shall be released by the City upon completion of the repair or replacement of any damage to public property. F. The City Council may impose other requirements and conditions necessary to promote public safety. Section 13. Subsection 1230.08 is renumbered 1230.09. Section 14. Schedule A of Section 185 of the Code is amended as follows" "Temporary On-Sale Intoxicating $200.00 Per Event "1230.08 Temporary Liquor License Special Permit $300.00 Per Event Section 15. Effective Date: This ordinance shall be in full force and effect upon passage and publication. First Reading: January 7,2003 Second Reading: January 21, 2003 Published: January 30, 2003 Attest t; 6,16D `1\,_ 6 �0 •� P Debra A. Mangen, ity C erk Dennis F. Maetzo Mayor Member Masica seconded the motion. Rollcall: Ayes: Hovland, Housh, Masica, Maetzold Motion carried. *BID AWARDED FOR FOUR FULL-SIZED MARKED POLICE SQUAD CARS Motion made by Member Hovland and seconded by Member Housh for award of bid for four full-sized marked police cars, (Police Interception model - Crown Victoria) to Superior Ford, under State of Minnesota Cooperative Purchasing Agreement Contract No. 426133 at$85,700.00. Motion carried on rollcall vote - four ayes. AWARD OF BID FOR TWO MID-SIZED UNMARKED POLICE CARS Member Hovland removed the award of bid for two mid-sized unmarked police cars from the consent agenda for further information. He asked if one unmarked vehicle would be adequate. Chief Siitari explained the City has at any given time thirty police personnel on duty who could need a car. Member Housh asked when a car is taken out of use. Mr. Siitari responded that cars are normally on a seven-year retention schedule but are evaluated on an individual basis to get the maximum life from them. Page 5 Minutes/Edina City Council/ianuary 21,2003 Member Hovland made a motion for award of bid for two mid-sized unmarked police cars to Hinckley Chevrolet at $34,124.00, under State of Minnesota Cooperative Purchasing Agreement Contract No.426228. Member Masica seconded the motion. Ayes: Housh,Hovland, Masica, Maetzold Motion carried. *BID AWARDED FOR ONE, ONE-TON FORD TRUCK - UTILITY DEPARTMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for one, one-ton Ford truck for the Utility Department to Nelson Ford at $21,037.00 under Hennepin County Contract#1109A2-232. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR 3/4 TON CHEVROLET PICK-UP- PUBLIC WORKS Motion made by Member Hovland and seconded by Member Housh for award of bid for one 4 x 4 three-quarter ton Chevrolet pickup to Thane Hawkins Chevrolet at $20,228.00 under Hennepin County Contract#1109A2. Motion carried on rollcall vote-four ayes. *BID AWARDED FOR ONE, ONE-TON GMC CARGO VAN - ENGINEERING Motion made by Member Hovland and seconded by Member Housh for award of bid for one, one-ton GMC Survey Cargo Van to Nelson GMC at $19,615.00 under Hennepin County Contract #1109A2. Motion carried on rollcall vote -four ayes. *BID AWARDED FOR THREE DUMP TRUCK BOXES - PUBLIC WORKS Motion made by Member Hovland and seconded by Member Housh for award of bid for truck boxes for three new snow plow trucks, including hydraulics and snow plow equipment to J Craft, Inc.,at$190,186.64 under State of Minnesota Contract #429002. Motion carried on rollcall vote-four ayes. *TRAFFIC SAFETY STAFF REVIEW OF JANUARY 13, 2003, APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Traffic Safety Staff Review of January 13, 2003, Section A, B, and C. Motion carried on rollcall vote-four ayes. METRO TRANSIT - SECTOR 5 PLAN PRESENTED Planner Larsen explained in 1998, Metro Transit and the Metropolitan Council began a comprehensive study of all bus routes within Metro Transit's service area. The study divided the region into nine sectors. Study of Sector 5, which includes Edina, was begun a year ago. Sector 5 includes Minneapolis, St. Paul, Richfield and all of Bloomington. He stated that the final draft of the study has been completed and public comments were being sought between January 28 and February 4, 2003. John Dillary, a representative of Metro Transit gave the Council a preview of its comprehensive study of bus routes in the region. Mr. Dillary explained that as a result of the study, several changes have been proposed, including the addition of a Park and Ride at Garden Park. The Council briefly discussed what the ramifications would be of installing a Park and Ride at the Garden Park location. The Metropolitan Council was not expected to act on the recommendations until later this year. Any approved changes will not take affect in Edina until the fall of 2004. Page 6 Minutes/Edina City Council/January 21, 2003 No formal Council action was taken. Member Kelly entered the meeting at 7:20 P.M. RESOLUTION NO 2003-12 - ENVIRONMENTAL ASSESSMENT FOR I-494/TH 169 APPROVED Engineer Houle indicated the Minnesota Department of Transportation, along with the cities of Edina, Bloomington and Eden Prairie, were proposing changes to the interchanges along TH169 at Pioneer Trail, Anderson Lakes Parkway/Bloomington Ferry Road, and I-494. He explained these changes include removal of traffic signals on TH169. Mr. Houle noted that funding was currently available for the Pioneer Trail and Anderson Lakes Parkway/ Bloomington Ferry Road improvements therefore; all three interchanges were included in the Environmental Assessment. He added the proposed improvement would maintain a westbound West 78th Street access to 1-494 at this interchange. Mr. Houle stated staff felt these improvements would greatly improve safety and operational movements of the aforementioned intersections and recommended that the Council adopt a resolution supporting the improvements. Mr. Houle introduced Wayne Norse and Tom O'Keefe of MNDOT who briefly reviewed the proposed interchanges improvements. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-12 ENVIRONMENTAL ASSESSMENT FOR I-494 &TH169 WHEREAS,the City Council of the City of Edina has reviewed the Environmental Assessment for improvement to interchanges along TH169 at Pioneer Trail, Anderson Lakes Parkway/Bloomington Ferry Road, and I-494 as prepared by the Minnesota Department of Transportation; WHEREAS, the City of Edina has reviewed the operational improvements to TH169 and I-494 interchange; WHEREAS, these improvements will improve the operation of TH169 along with I-494. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina that the City supports the Environmental Assessment. ADOPTED this 21St day of January 2003. Member Masica seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. PUBLIC SAFETY RADIO PROPOSAL PRESENTED Chief Siitari explained the Police and Fire Departments presently operate a City owned VHF radio system which was nearing the end of its life span. With the age of the system and move to the new building, a decision point has been reached for replacing the system. Options that have been suggested include: 1. Improve/Upgrade the Existing VHF System 2. Join the Bloomington 800 MHz System 3. Join the 800 MHz Hennepin County Radio System Staff feels the Hennepin County option to be the best choice. Mr. Siitari noted if the current system were upgraded, or if the Bloomington system were joined, investing in a system that will be quickly outdated would be a real possibility. The Hennepin County system was part Page 7 Minutes/Edina City Council/Tanuary 21,2003 of a regional system, which would cover the entire metropolitan area. Funding of $1.65 million has been allocated in the Capital Improvement Plan. Present Situation • Stand Alone VHF System • One Channel • 10-15 Year Replacement Schedule • Leased Radios • Repairs and Maintenance Decision Point • Viability of Current System • FCC Regulations • Hennepin County Support Withdrawn Options • Replace or Upgrade Present VHF System • Join Adjacent Agency • Hennepin County/Metro 800 MHz System Recommendation-HENNEPIN COUNTY/METRO 800 MHz SYSTEM • Interoperability • Location of Radio Sites • Costs • Capabilities Course of Action • Adopt Metropolitan Radio Board (MRB) Participation Resolution • Evaluate In-Building Coverage Enhancements • Execute Appropriate Procurement Instruments Mr. Siitari introduced Jeff Nelson, Consultant with PSC Alliance, Inc., who elaborated on the technical facets of the Metro Radio System: Radio Communications Systems: • Fire (VHF) • Police (VHF) jommunications Public Works (UHF) Radio > Dispatching_ • Dispatch Continues as Today • Public Works Continues as Today Traditional Model: • Each Community Operates Stand Alone Radio System Constraints: 1. Channels 2. Coverage 3. Mutual Aid Performance 4. Security Current Environment(Fire/PoliceL • Transmitters: 1. Community Center Water Tower 2. Monopole (tower) Located Behind City Hall • Remote Receivers to Boost Portable Radio performance 1. VanValkenburg Park Page 8 2. Southdale Center Minutes/Edina City Council/ianuary 21, 2003 3. Gleason, etc. Existing;City Radio Systems Operate in"Conventional" Mode: • Poor Frequency Utilization • Inter-Agency Communications Limitations • Interference Contemporary Systems Use "Trunking": • Trunking is Shared Use of Frequencies With Dynamic Allocation by Computer Control Alternative Systems": • Eden Prairie (Trunked System in 800 MHz Band) • Bloomington (Trunked System in 800 MHz Band) • St. Louis Park (Conventional System in VHF Band) Regional (Metro) 800 MHz Trunked Network: Regional Trunked System Benefits: • Shared Architecture • Shared Radio Sites • Shared Benefits: 1. More Talk Groups (Channels) 2. Wider Area Coverage 3. More Mutual Aid Capacity 4. Encryption (Security) Some Regional Trunked System Participants: • MnDOT • Metro Council (MTC) • Minnesota State Patrol • Hennepin County • Minneapolis • North Memorial/HCMC/Allina/ Ridgeview • Richfield Regional Trunked System Permits: • Dispatch Autonomy • 95% In-Building Coverage "Medium" Building Design in Edina Area (some building coverage enhancements will be necessary) • Roaming Across Nine Counties • Shared Responsibility for System Improvements • Edina to be a Participant Policy Issues Relating to Shared System Participation: • Cost- Capital Investment-$1.6 million 1. Included: Portables, Mobiles, Dispatching Consoles and Network "Connectivity" 2. Avoided: Direct Cost of Towers, 800 MHz Licensing, System Computer Controllers, Major Civil Improvements 3. Shared: Major Backbone Maintenance Costs 4. Subscription Cost for Participation Identified at$65/radio/year Costs Issues Relating to Share System Participation: • Dispatch Center and Connectivity Needs $875,000 Page 9 Minutes/Edina City Council/lanuary 21, 2003 • Subscriber Equipment(Mobiles/Portables) $450,000 • Coverage Enhancements $275,000 TOTAL $1,600,000 Other Policy Issues: • Participation Agreement Language 1. Shared System Upgrades (formula) (Experience Basis for Administration) 2. Shared System Policies 3. Relationship with County 4. System Maintenance 5. Software Upgrades 6. Participation Plan: Metro TOC Approval Metro Radio Board Approval The Council questioned Mr. Nelson and Mr. Siitari about the presentation and the necessity of approving the public safety communications proposal. Mr. Siitari reiterated the presentation was a review of the proposal to replace the existing Public Safety Radio System by joining the Hennepin County 800 MHz radio system. He added the formal request to enter into the agreement with the County would be on the Agenda at the February 4, 2003,regular Council Meeting,for formal action. No formal Council action was taken. MAC LAW ENFORCEMENT PERSONNEL AGREEMENT APPROVED Mr. Siitari explained the Metropolitan Airports Commission (MAC) was mandated to provide armed law enforcement officers at passenger screening checkpoints under new FAA guidelines. The MAC does not have adequate staff to provide round-the-clock coverage. The Airport Police Department has requested mutual aid from surrounding law enforcement agencies to perform these duties. Staff would like to provide assistance on an off-duty basis. Personnel costs would be reimbursed by the MAC and all liability coverage provided by MAC. The Federal Transportation Agency (FTA) is in the process of hiring and training law enforcement officers to assume these duties on a permanent basis. This process is expected to take approximately nine months. When sufficient FTA staff is available to monitor the checkpoints, the agreement will be terminated. Member Hovland questioned the City's liability with workers' compensation on this agreement. Mr. Hughes noted that the gross cost of an employee is charged to MAC not the net cost of what they are paid. Member Housh suggested considering a deductible be written into the workers' compensation policy in the future for self-funding. Member Masica inquired whether there is a limit on the number of hours a police officer can work. Mr. Siitari said a policy has been established a long time ago regarding how many hours an officer can work in a 24-hour period. The commitment to MAC would be minimal or approximately 24 hours per week. Member Hovland made a motion approving the Use of Law Enforcement Personnel Agreement between the Metropolitan Airports Commission (MAC) and the City of Edina Page 10 Minutes/Edina City Council/lanuary 21, 2003 for Edina Police Officers to provide necessary law enforcement services at airport checkpoints. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. METROPOLITAN COUNCIL REPRESENTATIVE PRESENTATION Mayor Maetzold explained that our Metropolitan Council Representative, Mary Hill Smith, has requested endorsement of her re-appointment to the Council from District 3. A list of finalists for the position for all the Districts was provided in the Council packet. There were six District 3 finalists with only Ms. Smith requesting endorsement. Mr. Hughes noted working with Ms. Smith has been a positive experience in at least two circumstances, 1) approval of the City's Comprehensive Plan and 2) establishing the Edina Dial-a-Ride Program. No blanket endorsement of Mary Hill Smith was received. Individual Council endorsements were encouraged. No formal Council action was taken. PUBLIC SAFETY TRAINING FACILITY GRANT APPROVED Mr. Hughes explained the South Metro Public Safety Training Facility will be the recipient of a$500,000 grant from the State of Minnesota to be used for construction costs. Pursuant to State law, a political subdivision rather than a joint powers agreement must be the recipient of the grant. Therefore, the State has requested the grant flow to the City of Edina, which serves as the fiscal agent for the South Metro Joint Powers Association. As a result of the grant flowing directly to the City, staff recommends an amendment to the joint powers agreement to provide: 1) that each partner in the Joint powers Association comply with the requirements of the State grant; and 2) that each partner in the Association remain liable for its proportionate share of the State grant were it ever required to be repaid by the State. Staff recommends authorization to execute the grant agreement and approval of the amendment to the joint powers agreement. Member Kelly made a motion authorizing execution of the Public Safety Training Facility Grant, contingent upon approval of Amendment to Joint Powers Agreement as presented. Member Masica seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. *TERMINATION OF AGREEMENTS FOR ADAPTIVE RECREATION FOR PARK DEPARTMENT APPROVED Motion made by Member Hovland and seconded by Member Housh for termination of the 1988 Joint and Cooperative Agreement between the Cities of Bloomington, Edina, Eden Prairie, and Richfield as well as the 1988 Adaptive Recreation Services Agreement between the Cities of Richfield, Edina and Eden Prairie. Motion carried on rollcall vote -four ayes. Page 11 Minutes/Edina City Council/Tanuary 21,2003 REAPPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS APPROVED Mayor Maetzold requested endorsement of his recommendations for re-appointments to various boards, commissions and committees, as follows: ame Boar Coinmissio Committee Term;Ex i in Sandra Clark Art Center Committee 2/1/2006 Mike Kelly Art Center Committee 2/1/2006 Ruth Valgemae Art Center Committee 2/1/2006 Tames VanValkenburg Art Center Committee 2/l/2006 Idelle Longman Community Health Committee 2/1/2005 Bruce Bermel Construction Board of Appeals 2/1/2006 Ronald Clark Construction Board of Appeals 2/1/2006 Herman Ratelle Heritage Preservation Board 2/1/2005 Donald W. Wray Heritage Preservation Board 2/1/2005 Idelle Longman Human Relations Commission 2/1/2006 Michael Damman Park Board 2/1/2006 Floyd Grabiel Park Board 2/1/2006 George Klus Park Board 2/1/2006 Helen McClelland Planning Commission 2/1/2006 David Runyan Planning Commission 2/1/2006 Anne Cronin Recycling and Solid Waste Commission 2/1/2005 Kathryn Frey Recycling and Solid Waste Commission 2/1/2005 Inna Hays Recycling and Solid Waste Commission 2/1/2005 Rodney Hardy Zoning Board of Appeals 2/1/2006 Michael Lewis Zoning Board of Appeals 2/1/2006 Member Masica made a motion approving the reappointments to the various boards, committees and commissions as presented. Member Kelly seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. *RESOLUTION NO. 2003-10, TECHNICAL CORRECTION TO MINUTES OF TANUARY 15, 2002 Member Housh stated he removed this item from the Consent Agenda to clarify that there would be no modification of the original vacation approved in 2002. Mr. Hughes assured him the geometric of the vacation did not change. The Hennepin County Examiner of Titles requested that the legal description be modified because he felt it needed clarification. Member Housh introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-10 VACATING CIRCLE WEST PUBLIC RIGHT-OF-WAY ADJACENT TO 20 CIRCLE WEST WHEREAS,a motion of the City Council, on the 18th day of December,2001,fixed a date for a public hearing on a proposed vacation of the portion of Circle West public right-of-way adjacent to 20 Circle West;and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on January 15, 2002, at which time all persons desiring to be heard were given an opportunity to be heard thereon;and Page 12 Minutes/Edina City Council/ianuary 21, 2003 given an opportunity to be heard thereon; and WHEREAS, the Council deemed it to be in the best interest of the City and of the public that said public street right-of-way vacation be made;and i WHEREAS, the Council considered the extent the vacation affected existing easements within the area of the vacation and the extent to which the vacation affected the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; and WHEREAS, the City Council of the City of Edina, Hennepin County, Minnesota, granted a vacation to the property adjacent to 20 Circle West effective January 15, 2002 for the following described property: Circle West Vacation That part of Circle West as dedicated on the plat of Hilldale according to the recorded plat thereof, Hennepin County, Minnesota, lying Easterly of the following described line: Beginning at the Westerly corner of Lot 1, Block 4, Hilldale, thence Northeasterly along a tangential curve, said tangent has an assumed bearing of North 42 degrees 35 minutes 06 seconds West, concave to the East having a radius of 160.00 feet, a distance of 134.06 feet and a central angle of 48 degrees 00 minutes 23 seconds to a point on the Northerly line of Circle West as platted in Hilldale; thence Southeasterly a distance of 36.05 feet more or less to a point along the Northerly line of Circle West according to the Recorded Plat of Hilldale, said point being the Southwest corner of Lot 6, Block 1, Meadowbrook Oaks according to the recorded plat thereof, situated in Hennepin County, Minnesota; thence Southerly to the point of beginning and there terminating. And; WHEREAS, the proponent has requested a clarification to the legal description of the previously granted vacation at the direction of the Hennepin County Examiner of Titles. NOW, THEREFORE, BE IT RESOLVED that the following legal description shall be used for the previously granted vacation of public right-of-way adjacent to 20 Circle West: That part of vacated Circle West dedicated in "HILLDALE, HENNEPIN COUNTY, MINNESOTA" described as follows: Beginning at the most Westerly corner of Lot 1, Block 4, said plat; thence Northwesterly along a curve which is tangential to that part of the Southwesterly line of said Lot 1 shown on said plat as having a length of 53.7 feet and which has an assumed bearing of North 42 degrees 35 minutes 06 seconds West, which curve is concave to the East and has a radius of 160.0 feet, a length of 134.06 feet and a central angle of 48 degrees 00 minutes 23 seconds, to the Northerly line of said plat; thence Southeasterly along the Northerly line of said plat 36.05 feet, more or less, to the Southwest corner of Lot 6, Block 1, Meadowbrook Oaks;thence Southerly to the point of beginning. BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause an amended notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. ADOPTED this 21St day of January 2003. Member Hovland seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. Page 13 Minutes/Edina City Counci anuary 21,2003 *CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member Housh seconded the motion approving payment of the following claims as shown in detail on the Check Register dated January 9, 2003, and consisting of 22 pages: General Fund $152,893.44; Communications Fund $4,929.62; Working Capital Fund $27,830.83; Golf Dome Fund $5,150.00; Golf Course Fund $11,217.25; Ice Arena Fund $827.70; Edinborough/Centennial Lakes Fund $5,212.24; Liquor Fund $174,626.48; Utility Fund $33,195.68; Storm Sewer Fund $1,161.60; Payroll Fund $535,000.00; TOTAL $952,044.84; and for approval of payment of claims dated January 16,2003, and consisting of 38 pages: General Fund $372,047.50; Communications Fund $4,017.91; Working Capital Fund $64,766.39; Construction Fund $63,517.75; Art Center Fund $13,659.57, Golf Dome Fund $8,081.96; Aquatic Center Fund $214.16; Golf Course Fund $10,267.95; Ice Arena Fund $24,432.14; Edinborough/Centennial Lakes Fund $15,141.19; Liquor Fund $183,940.78; Utility Fund $367,197.05; Storm Sewer Fund $27,504.50; Recycling Fund $30,418.60; TOTAL $1,185,207.45. Motion carried on rollcall vote -four ayes. RESOLUTION 2003-11, CALLING FOR SALE OF BONDS - GENERAL OBLIGATION REFUNDING, GENERAL OBLIGATION UTILITY AND GENERAL OBLIGATION EQUIPMENT CERTIFICATE BONDS Mr. Hughes indicated staff is recommending the Council call for sale of three bond issues for February 18, 2003. The first issue is $1,540,000 general obligation equipment certificates. The proceeds will be used to, 1) fund larger equipment (15 year life expectancy and $15,000 minimum value) that previously was in the equipment replacement plan, and 2) fund furniture and fixtures for the new City Hall/Police Department. The second issue is $3,200,000 general obligation utility bonds used to fund a number of capital improvements to the water and sewer system over the next two years. Rates approved at the previous Council meeting reflected this anticipated debt. The third issue is $6,640,000 general obligation tax increment refunding bonds that will refund the outstanding maturities of a 1993 tax increment bond issue. The refunding issue reflects approximately $200,000 in present value savings for the 2004 through 2006 maturities. The 501h & France and Edinborough tax increment districts will receive the interest savings of this refunding. Mr. Hughes introduced Mark Ruff of Ehlers and Associates, Inc. Mayor Maetzold questioned whether the City would keep their rating. Mr. Ruff elaborated that the tone of the rating body changed dramatically after the election of the new governor and his pledge of'no new taxes'. He predicted staff will get grilled by the rating agencies as to what the contingency plans are for Edina but he does not believe there will be any dramatic change. Member Masica exited the Council Chambers. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION 2003-11 RESOLUTION CALLING FOR THE SALE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2003A, GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B AND GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2003C Page 14 Minutes/Edina City Council/Tanuary 21,2003 BE IT RESOLVED by the City of Edina, Minnesota (the City),as follows: Section 1. General Obligation Equipment Certificates, Series 2003A. It is hereby determined to be in the best interests of the City to issue its General Obligation Equipment Certificates, Series 2003A (the Certificates), pursuant to Minnesota Statutes, Chapter 475 and Section 412.301, in the principal amount of $1,540,000, to purchase capital equipment having an expected life at least as long as the terms of the Certificates. The principal amount of the Certificates does not exceed 0.25 percent of the market value of taxable property in the City. Section 2. General Obligation Tax Increment Refunding Bonds, Series 2003B. The City presently has outstanding its General Obligation Tax Increment Refunding Bonds, Series 1993A, dated as of May 1, 1993, which bonds are subject to redemption and prepayment at the option of the City on any date upon 30 day prior notice to the holders of such bonds. To refund such bonds it is hereby determined to be in the best interests of the City to issue its General Obligation Tax Increment Refunding Bonds, Series 2003B (the Series 2003B Bonds), pursuant to Minnesota Statues, Chapter 475. Section 3. Purpose. The City owns and operates a storm sewer utility and a sanitary sewer and water utility (together, the Utilities) pursuant to Minnesota Statutes, Section 444.075. It is hereby determined to be in the best interests of the City to issue its General Obligation Water and Sewer Revenue Bonds, Series 2003C (the 2003C Bonds), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 444.075, in the principal amount of$3,200,000,to finance the cost of improvements to the Utilities. Section 4. Proposals. Ehlers & Associates, Inc., as independent financial advisors, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), is hereby authorized to solicit separate proposals for the purchase of the Certificates, the 2003B Bonds and the 2003C Bonds on behalf of the City on a negotiated basis. Section 5. Sale Meeting. This Council shall meet at the City Hall on Monday, February 18, 2003, at 7:00 o'clock P.M.,for the purpose of considering proposals for the purchase of the Certificates, the 2003B Bonds and the 2003C Bonds and of taking such action thereon as may be in the best interests of the City. Section 6. Reimbursement of Costs from Proceeds of the Certificates or Series 2003C Bonds. All or a portion of the costs of the improvements to the Utilities to be financed from the proceeds of the Series 2003C Bonds and of the equipment to be financed with the proceeds of the Certificates may be paid by the City prior to the issuance of the Series 2003C Bonds and the Certificates, and to the extent such costs are paid by the City prior to the issuance of the Bonds and the Certificates it is the reasonable intent of the City to reimburse all or a portion of the costs of the improvements to the Utilities paid by the City prior to the issuance of the Series 2003 Bonds from the proceeds of the 2003C Bonds and to reimburse all or a portion of the costs of such equipment paid by the City prior to the issuance of the Certificates from the proceeds of the Certificates. Section 7. Official Statement. In connection with the sale of the Certificates, Series 2003B Bonds and Series 2003C Bonds,the officers or employees of the City are hereby authorized to cooperate with Ehlers & Associates, Inc. and participate in the preparation of an official statement for the Certificates,the Series 2003 Bonds and the Series 2003C Bonds and to execute and deliver it on behalf of the City upon its completion. ADOPTED this 21St day of January 2003. Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. Page 15 Minutes/Edina City Council/Tanuary 21,2003 Member Masica re-entered the Council Chambers. *PETITION RECEIVED FOR SIDEWALK - DONCASTER BETWEEN VERNON/TRACY AND AYRSHIRE Motion made by Member Hovland and seconded by Member Housh acknowledging receipt of a petition for sidewalk at Doncaster between Vernon/Tracy and Ayrshire, and submission to the Engineering Department for processing as to feasibility. Motion carried on rollcall vote -four ayes. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 10:15 P.M. ity Clerk Page 16