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HomeMy WebLinkAbout2005-09-06 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 6,2005 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hulbert, Masica, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh approving the Council Consent Agenda as presented with the exception of Agenda Item I. approval of Minutes of the Regular Meeting of the Edina City Council of August 16, 2005. Member Swenson seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. POSITION OF AGENDA ITEM NO. XI. SPECIAL CONCERNS OF MAYOR AND COUNCIL MOVED UP ON THE COUNCIL AGENDA Member Masica requested Agenda Item No. XI. Special Concerns of Mayor and Council be moved up on the Council Agenda to allow additional information and discussion on the Todd Park hockey rink previously approved at the August 16, 2005, Council Meeting. Member Swenson commented that a discussion was acceptable but not another lengthy public hearing. Motion made by Member Masica approving placing Agenda Item No. XI. Special Concerns of Mayor and Council following Agenda Item. No. VI.C. to allow further discussion regarding installation of a hockey rink at Todd Park. Member Hulbert seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *MINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL FOR AUGUST 16, 2005, APPROVED Motion made by Member Housh and seconded by Member Swenson, approving the Minutes of the Special Meeting of the Edina City Council for August 16, 2005. Motion carried on rollcall vote - five ayes. MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL FOR AUGUST 16, 2005, APPROVED AS AMENDED Member Masica said she removed the Minutes of the Regular Meeting of the Edina City Council for August 16, 2005, to correct a statement in the Special Assessment portion of the Minutes which should read, 'all assessments will offer a level principal payment schedule instead of an amortized payment schedule'. Following a brief explanation, Member Masica made a motion to approve the Minutes of August 16, 2005, as corrected. Member Housh seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Page 1 Minutes/Edina City Council/September 6,2005 CONSTITUTION WEEK PROCLAIMED - SEPTEMBER 17 - 23 2005 Mayor Hovland proclaimed September 17 - 23, 2005, as Constitution Week in the City of Edina and urged all citizens to study the Constitution and reflect on the privilege of being an American. Members of the Daughters of the American Revolution (DAR) accepted the proclamation and presented the Council with a poster proclaiming Constitution Week. Member Masica made a motion approving the proclamation proclaiming September 17 - 24, 2005,as Constitution Week in the City of Edina. Member Housh seconded the motion. Ayes: Housh,Hulbert, Masica,Swenson, Hovland Motion carried. ROTARY CLUB OF EDINA PRESENTATION MADE TO EDINA FIRE DEPARTMENT Mayor Hovland introduced Sandy Schley and David Hartzung from the Edina Rotary that thanked the Edina Fire Department and presented Chief Scheerer with a $1,995.00 check that will cover the cost of the purchase of a defibrillator for the community. RESOLUTION NO. 2005 - 81 APPROVING VACATION OF PUBLIC UTILITY EASEMENT FOR HAUGLAND DEVELOPMENT/CONVEYANCE OF PUBLIC RIGHT-OF-WAY for HAUGLAND DEVELOPMENT APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Manager Hughes explained on May 3, 2005, the Council approved a Conditional Use Permit (CUP) for the mixed use redevelopment proposal of the Haugland Companies at 50a' & France. The mixed use development will have both retail and residential uses. The approval was granted conditioned upon "platting the property to incorporate all easements, vacations and dedications. Mr. Hughes said Exhibit 1, illustrated the property to be conveyed to 5000 France LLC subject to reservation of easements on the property. Mr. Hughes pointed out that Exhibit 2 illustrated a parcel of City property laying between the two HRA parcels and would be conveyed to 5000 France LLC, subject to reservation of easements. He said Exhibit 3 depicted the vacation of the utility easement to be relocated elsewhere on the property. Mr. Hughes recommended the HRA and City conveyances be conditioned upon the reservation of appropriate easements for existing utilities and rights-of-way and noted new easements will be rededicated when the final plat of the property was filed following substantial completion of the project. Gene Haugland, owner of the subject property stated that 5000 France, under the advice of their attorney was now a regular limited liability corporation known as 5000 France Company. Member Housh made a motion, seconded by Member Swenson to close the public hearing. Ayes: Housh,Hulbert, Masica,Swenson, Hovland. Motion carried. Member Masica made a motion introducing the following resolution and moving its adoption, granting the requested easement conditioned upon the rededication of required easements: RESOLUTION NO. 2005-81 Page 2 Minutes/Edina City Council/September 6,2005 A RESOLUTION APPROVING VACATION OF PUBLIC UTILITY EASEMENT FOR HAUGLAND DEVELOPMENT WHEREAS, a motion of the City Council, on the August 2, 2005, fixed a date for a public hearing on a proposed vacation of utility easements;and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on September 6, 2005, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said vacation be made;and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any persons, 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: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described public utility easements are hereby vacated effective as of August 16, 2005: PROPOSED LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENTS TO BE VACATED: The West 10 feet of the East 56 feet of the South 42 feet of Lot 47, Auditor's Subdivision No. 172, according to the recorded copy thereof Also the West 10 feet of the East 56 feet of the North 3 feet of the South 193 feet of Lot 45, said Auditor's Subdivision No. 172. BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a 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. Passed and adopted this 6th day of September,2005. Member Hulbert seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. I Member Hulbert made a motion to close the public hearing for the conveyance of a parcel of property to 5000 France Company of the public right of way subject to reservation of easements as appropriate, seconded by Member Swenson. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Member Masica made a motion introducing the following resolution and moving its adoption approving conveyance to 5000 France Company of the public right of way subject to reservation of easements as appropriate, seconded by Member Swenson. RESOLUTION NO. 2005-83 CONVEYING CERTAIN PUBLIC Page 3 Minutes/Edina City Council/September 6,2005 RIGHT OF WAY PROPERTY TO 5000 FRANCE COMPANY NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described real property is hereby authorized to be conveyed to 5000 France Company from the City of Edina subject to reservation of easements for existing utilities and rights of way: PROPOSED LEGAL DESCRIPTION OF PROPERTY TO BE CONVEYED: The east 101.42 feet of the south 7.00 feet of the north 10.00 feet of the south 193.00 feet of Lot 45, Auditor's Subdivision No. 172, Hennepin County, Minnesota Passed and adopted this 61h day of September,2005. Member Housh seconded the motion. Ayes: Housh, Hulbert, Masica Swenson, Hovland Motion carried. *HEARING DATE SET OF SEPTEMBER 20, 2005 FOR FINAL DEVELOPMENT PLAN - GRAMERCY CLUB OF EDINA (5101 WEST 70TH STREET) Motion made by Member Housh and seconded by Member Swenson setting hearing date of September 20, 2005, for Final Development Plan for the Gramercy Club of Edina at 5101 West 701h Street. Motion carried on rollcall vote -five ayes. *APPEAL OF DECISION OF ZONING BOARD OF APPEALS FOR ACCREDITED INVESTORS, INC. SIGN (5200 WEST 73RD STREET) CONTINUED TO OCTOBER 4,2005 Motion made by Member Housh and seconded by Member Swenson continuing the Appeal of Decision of Zoning Board of Appeals for Accredited Investors, Inc. sign at 5200 West 73rd Street until regular meeting of October 4,2005. Motion carried on rollcall vote -five ayes. ORDINANCE NO. 2005-9 APPROVED AMENDING SECTION 185 - SCHEDULE A, INCREASING THE STORM WATER RATES EFFECTIVE OCTOBER 31, 2005 Manager Hughes explained the Special Assessment Policy adopted at the August 16, 2005, Council Meeting, included a provision necessitating an increase in storm water rates to pay for curb and gutter for reconstruction projects. The ordinance will increase stormwater rates by $4.00 per quarter for each residential equivalent unit effective for the fourth quarter billing beginning with the fall quarter. He stated of the $4.00 amount, $2.00 will go to fund current utility projects including the "below the ground" storm sewer portions of the current street projects and the additional$2.00 would fund the curb and gutter of the existing projects. Member Swenson asked clarification if the rates applied to commercial businesses. Engineer Houle said each commercial business was set up differently because of differences in the hard surfaces. Member Housh made a motion approving Ordinance No. 2005-9, with waiver of second reading as follows: ORDINANCE NO. 2005-9 THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The following described fees of Schedule A to Code Section 185 are amended to read as follows: Page 4 Minutes/Edina City Council/September 6,2005 PURPOSE OF SECTION SUBSECTION FEE/CHARGE AMOUNT 1110 1110.03 Storm Water Drainage $10.74 per quarter Charge pursuant to formula in Subsection 1110.03 Section 2. The effective date of this Ordinance shall be Oct o 3 , 5. ATTEST: City Clerk Mayor First Reading: September 6,2005 Second Reading: Waived Published: September 24,2005 Member Masica seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. AWARD OF BID APPROVED FOR FIBER OPTIC NETWORK CONSTRUCTION, IMPROVEMENT NO. FO-003 Assistant Manager Anderson indicated Contract No. IT 05-1, Improvement No. FO-003, covered installation of underground conduits and fiber optic cabling from Edina City Hall to Wooddale and 41s'Street. The project would connect the City of Edina, as a LOGIS member city, with high-speed connections to LOGIS applications, County and State Applications (Police, Dispatch and Assessing) and will manage the increasing demands for bandwidth on the City's internal and external applications, phone and communication systems. Mr. Anderson noted the contract accepted a bid alternate covered by a letter of agreement from St. Louis Park for $12,860.00 of cable that St. Louis Park required to be installed. Member Masica made a motion approving the award of bid for Fiber Optic Network Construction Improvement No. FO-003, to recommended low bidder, Castrejon, Inc., at $112,770.00. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *BID AWARDED FOR BLACKTOP AND CONCRETE - PUBLIC WORKS Motion made by Member Housh and seconded by Member Swenson for award of bid for crushing of blacktop and concrete for the Public Works Department to Minneapolis Concrete Recyclers at $2.95/ton and not to exceed 11,000 tons of material with a completion date by end of 2005. Motion carried on rollcall vote -five ayes. TRANSFER OF OWNERSHIP FROM TIME WARNER CABLE TO COMCAST Brian Grogan, Attorney and Administrator from the Southwest Cable Commission, said the issue was the proposed transfer from Time Warner Cable to Comcast Corporation to operate the franchise serving the City of Edina. He shared background on the impending transfer and said the local franchise allowed approval right of transfer as well as looking at state and federal laws for guidance on the issue. The 1997 franchise gave the right to approve any type of proposed transfer or transfer of control. Mr. Grogan said the law states those legal, technical, and financial qualifications of Comcast as well as no on-going franchise violations with the existing operator. Page 5 Minutes/Edina City Council/September 6,2005 The completed review has come up clean and must register with the Secretary of State. The transaction will not close until after the first quarter of 2006. Member Masica asked at what point in the transaction would the Certificate of Authority come from the Secretary of State. Mr. Grogan said the Resolution required the Certificate be provided each city member on or before closing on March 31, 2006. Mr. Grogan said the criteria for approval was limited. A transfer may be denied under state law if there was a legal, technical or financial reason as it related to Comcast. Mr. Grogan reminded the Council several years ago two companies, Wide Open West and Everest Communications came forward with applications to put fiber optics in the City and provide a competitive choice for cable, internet and telephone service. All the Southwest cities granted them franchises while soon their financing dried up. Member Masica indicated she thought Comcast's assets, divided by their liabilities is below typical investor's standards. Mr. Grogan said federal law allowed financial records review but set no standard on which to base the review. A financial proforma has been requested to identify how Comcast planned to operate the system. Comcast stated they were restricted from providing the requested information because of anti-trust concerns. Member Housh said there have been concerns with Time Warner's service to the City of Edina broadcasting of meetings. He indicated that he wanted assurance of a level of service that met and hopefully exceeds our need. Mr. Grogan said he received a written correspondence from Comcast stating they would not reply to questions. He said the standard of review that he was required to advise the commission of is that'our consent shall not be unreasonably upheld'. Mr. Grogan reported the Southwest Cable Commission recommended approval of the transfer. Member Hulbert recollected during the Paragon Cable era, there was a public access office in Richfield. She noted a request from a resident was received that there be a public access office in the Edina High School. Mr. Grogan replied in 1997, the five member cities agreed to consolidate access operations to an Eden Prairie studio for joint use. Mayor Hovland reminded the Council and residents in attendance that Member Housh served on the Southwest Suburban Cable Commission on behalf of the City of Edina. Mayor Hovland asked if upon examination of the transfer, Mr. Grogan would support the requested transfer. Mr. Grogan concurred; explaining the transferee and the new franchisee will be operating out of the same holding company operating in the area and were not new to this marketplace. Mayor Hovland asked what the subscribers could do if they were not happy with the service. Mr. Grogan said that both an ordinance and a franchise governed the operation of the cable system which contains customer service requirements that the operator must meet. Programming of cable is governed by the provider but criteria within the franchise such as installation, etc. can be locally enforced. Member Masica inquired whether data was known on customer satisfaction. Mr. Grogan said he did not have information on customer service. Page 6 Minutes/Edina City Council/September 6,2005 Lance Leupold, 5728 Abbott Avenue South, Director of Public Affairs and Programming for Time Warner Cable, apologized for the recent problems with cable playback transmission and said with the renovation of the Eden Prairie office, the service level should improve greatly. Director Bennerotte said the City has been working on the playback problems but not all concerns have been resolved. Member Masica voiced concern with customer service by the current Time Warner Cable. Mr. Leupold said without more information he could not comment on Member Masica's personal concern. Member Masica asked if there were policies in place dealing with customer service. Mr. Leupold replied affirmatively. Member Swenson said when the transfer was complete, what change would Edina's constituents notice. Mr. Leupold said things that may change would be addresses on billing statements and the name on the channels. Emmett Coleman, Area Director of Government Affairs for Comcast, 1667 Beachwood, St. Paul, assured the Council that Comcast was excited to take over the cable operations in Edina and the larger metropolitan market. He said the first thing subscribers could see when the transfer was complete would be on their billing, but should be a seamless transition for all the customers and facilities. Mayor Hovland asked if Comcast intends to discontinue any services. Mr. Coleman said the intent was there being no discontinuation of any specific services with the transfer and the potential was there for more services not less. Mayor Hovland inquired if services had been discontinued in any of the markets. Mr. Coleman indicated that many markets have approved the transfer but until the final transfer Comcast had no control over programming. Mayor Hovland asked if there were markets in which Time Warner competes with Comcast. Mr. Coleman said.presently there are no places where two compete. Resident comments: William Glass, 5721 York Avenue South, asked what the new service will cost. He commented that the cable card he has been issued does not work nor can the technicians or support staff make it work. Mr. Coleman said federal law stated the cable cards were not standard and accessibility varied between television sets. Mr. Coleman said he did not anticipate price increases for cable service following the transfer. Member Swenson made a motion to close the public hearing, seconded by Member Housh. Ayes: Housh, Hulbert, Masica, Swenson,Hovland Motion carried. Member Swenson asked what the best scenario for the televising of public meetings in Edina. Ms. Bennerotte said problems have emanated from the encoding process and staff agreed that the best scenario would be that an improperly encoded tape never be aired that Time Warner staff should be checking the tapes before broadcast. Following a brief discussion, Member Housh made a motion, seconded by Member Masica introducing the following resolution and moving its adoption: Page 7 Minutes/Edina City Council/September 6,2005 RESOLUTION NO. 2005-82 APPROVING THE PROPOSED CHANGE OF CONTROL OF TIME WARNER RECITALS: 1. On or about January 1, 1997, the City of Edina, Minnesota ("City") passed and adopted Ordinance No. 1996-5, granting a Cable Television Franchise ("Franchise"), currently held by Time Warner Cable Inc. ("Franchisee"). 2. On or about June 14, 2005, Franchisee submitted to the City FCC Form 394, Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise ("Form 394"). 3. Form 394 constitutes Franchisee's application to transfer the system to MOC Holdco II, Inc.which will wholly own Cable Holdco II Inc. ("Proposed Franchisee"). 4. Pursuant to a Redemption Agreement, dated April 20, 2005, by and among Comcast Cable Communications Holdings, Inc.; MOC Holdco II, Inc.; TWE Holdings I Trust, TWE Holdings II Trust; Cable Holdco II Inc., Time Warner Cable Inc. and other related parties: (a) the Franchisee cable system and Franchise will be assigned to a wholly-owned subsidiary of Franchisee, Cable Holdco II Inc. and (b) immediately thereafter, pursuant to the same Redemption Agreement, all of the stock of Cable Holdco II Inc. will be acquired by MOC Holdco II, Inc., an indirect wholly-owned subsidiary of Comcast Cable Communications Holdings, Inc. The assignment and change of control described herein shall collectively be referred to as the "Transaction." 5. Under the City's Cable Television Regulatory Ordinance ("Cable Ordinance") and applicable law,the Transaction requires consent from the City. 6. The City is a member of the Southwest Suburban Cable Commission which has conducted a review of the Transaction and issued a recommendation that the City approve the Transaction subject to the conditions contained herein. 7. The City has reviewed the Transaction and the legal, technical, and financial qualifications of MOC Holdco II,Inc. and its corporate parent entities. 8. Based on information obtained and on the reports and information received by City, including the recommendation of the Southwest Suburban Cable Commission, the City has elected to consent to the Transaction. NOW,THEREFORE,the City of Edina,Minnesota hereby resolves as follows: 1. The Franchise is in full force and effect, and Franchisee is the lawful holder of the Franchise. 2. Each of the foregoing recitals are hereby incorporated by reference. 3. The City hereby consents and approves of the Transaction as contemplated under the Redemption Agreement, subject to: a. Closing of the Transaction described in information provided to the City by Franchisee and MOC Holdco II,Inc. b. MOC Holdco II, Inc.,within thirty (30) days of the date of closing, notifying the City in writing of the completion of the Transaction. C. Cable Holdco II Inc.,within thirty (30) days of the date of closing, providing the City with a signed acceptance of this Resolution in the form attached hereto and incorporated by reference. 4. The City hereby waives any right of first refusal which the City may have to purchase the Franchise, or the cable television system serving the City,but only as such right of first refusal applies to the request for approval of the Transaction now before the City. 5. By this consent the City does not make any representation that Franchisee is in compliance with its obligations under the Franchise. Page 8 Minutes/Edina City Council/September 6, 2005 6. By this consent the City does not waive any of Franchisee's commitments, duties and obligations under the Franchise, including any accrued and unfulfilled obligation of the Franchisee,whether known or unknown,relating to the Franchise. 7. In the event the Transaction contemplated under the Redemption Agreement is not completed, for any reason, or is modified in any material manner, the City's consent provided hereunder shall not be effective. Passed and adopted this 6th day of September 2005. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *RESOLUTION NO. 2005-80 - SAFE AND SOBER GRANT FOR OCTOBER 1, 2005 - SEPTEMBER 30, 2006 Member Housh introduced the following resolution, seconded by Member Swenson and moved its adoption: RESOLUTION NO. 2005-80 AUTHORIZING EXECUTION OF AGREEMENT SAFE AND SOBER COMMUNITIES WHEREAS, the Minnesota Department of Public Safety, Office of Traffic Safety has awarded the police departments of the Airport, Edina, and Richfield a grant for $32,000 in a combined joint effort; and WHEREAS, the money will be split equally by the three departments, $10,650 each, which will be used for overtime traffic enforcement efforts and equipment; and WHEREAS,the Airport Police Department will be the lead agency this year in the grant as far as managing the grant funds. NOW, THEREFORE, BE IT RESOLVED, that the Edina Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIIES during the period from October 1, 2005 through September 30,2006. BE IT FURTHER RESOLVED, that Edina Police Chief Michael Siitari is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Edina Police Department. BE IT FURTHER RESOLVED, that Airport Police Chief Mark Rosenow is hereby authorized to be the fiscal agent and administer this grant on behalf of the Edina Police Department. Passed and adopted this 6th day of September,2005. SPECIAL CONCERN OF MAYOR AND COUNCIL Member Masica said she has a tremendous desire to revisit the Todd Park Hockey Rink decision that was approved at the August 16, 2005, regular Council meeting. She said she believes the decision has put negative feelings between the neighborhood, an athletic association, a park board, City staff and the governing body. She said the vote was taken at a very late hour, and she believed the process should be reopened. Mayor Hovland informed the Council he personally pursued information about temporary boards at the Todd Park Rink rather than the permanent boards that were approved at the August 16, 2005, meeting. He suggested that staff be directed to install and remove the hockey rink at Todd Park on a seasonal basis for the 2005-2006 and 2006-2007 seasons and to finalize the assessment in July, 2007. The Park Department assessment should include impact to the neighborhood, level of use of the rink, and the quality of the ice. Mayor Hovland said installing Page 9 Minutes/Edina City Council/September 6,2005 temporary boards would preserve the green space in the summer and the hockey rink will have a beautiful warming house in the winter. Member Swenson indicated as the maker of the original motion she would concur but would want data on how the temporary boards fared with the taking down/putting up process. Member Housh noted he believed installing temporary boards at Todd Park was worth investigating. He added reopening the hearing would serve no purpose. Member Hulbert said this was a bad solution and would only set up a wound that would not heal for two years. Putting off a decision for two years sets up neighborhood warfare and she said she would rather reopen the hearing and make a final decision. Member Housh said he felt the art of government was to find solutions that both sides can accept. He concluded he is happy with the alternative as proposed. Member Masica suggested a moratorium be imposed in order to keep the number of rinks at eleven. Member Swenson inquired why a moratorium would be needed if there was no money to build another rink. Member Masica said it would be an assurance to the community that before a rink was proposed,a master plan would be in place. Mayor Hovland said the biggest complaint about the rink was the loss of green space. Temporary boards would to alleviate that complaint. He believed a moratorium was not necessary for the community's greater good as well as he does not agree with a rehearing of the issue. Member Masica asked what the condition of the grass would be in summertime when the boards were removed. Mr. Keprios said it would gradually get green, with clover and weeds being the predominant groundcover. Mayor Hovland said the base bid for the temporary boards was at $20,900, without labor. Mr. Keprios said the costs would be higher than what was currently in the operating budget but staff can come up with a recommendation that will work. Member Hulbert encouraged the Council to make a decision and not put things off. Member Swenson made a motion to amend the motion from the regular meeting of the City Council on August 16, 2005, to direct staff to install and remove the hockey rink at Todd Park on a seasonal basis for the 2005-2006 season and the 2006-2007 season with an assessment to be completed by July 1, 2007, as to the appropriateness of continuing the rink at that location. Member Housh seconded the motion. Member Masica said she supported the Mayor's suggestion of the temporary boards at Todd Park but she would not support the motion. Rollcall: Ayes: Housh,Swenson, Hovland Nays: Hulbert, Masica Page 10 Minutes/Edina City Council/September 6, 2005 Motion carried. RESOLUTION NO. 2005-83 APPROVING CONVEYANCE OF PUBLIC RIGHT-OF-WAY FOR HAUGLAND DEVELOPMENT Member Swenson introduced the following resolution, and moved adoption: RESOLUTION NO. 2005-83 A RESOLUTION CONVEYING CERTAIN PUBLIC RIGHT-OF-WAY PROPERTY TO 5000 FRANCE COMPANY NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described real property is hereby authorized to be conveyed to 5000 France Company from the City of Edina subject to reservation of easements for existing utilities and rights-of-way: PROPOSED LEGAL DESCRIPTION OF PROPERTY TO BE CONVEYED: The east 101.42 feet of the south 7.00 feet of the north 10.00 feet of the south 193.00 feet of Lot 45, Auditor's Subdivision No. 172, Hennepin County, Minnesota. Passed and adopted this 6th day of September,2005. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *HEARING DATE SET OF OCTOBER 18, 2005, FOR 2005 SPECIAL ASSESSMENTS Motion made by Member Housh and seconded by Member Swenson setting October 18, 2005, as hearing date for 2005 Special Assessments: Maintenance Improvement No. M-05 - 50th & France Avenue Business District; Maintenance Improvement No. G-05 - Grandview Business District; Roadway Improvement No. A-202 - Halifax and Grimes Neighborhood Reconstruction; Roadway Improvement No. A-205 - Wooddale Avenue from Valley View Road to West 56th Street; Roadway Improvement No. BA-321 - Valley View Road from West 64th Street to Wooddale Avenue; Tree Removal Improvement No. TR-05; Aquatic Weeds Improvement No. AQ-05 Arrowhead And Indianhead Lakes And Minnehaha Creek Mill Pond; and Weed Mowing Improvement No. WD-05; Improvement No. HDIS05; Improvement No. HREM05; Improvement No. FEN-05. Motion carried on rollcall vote - five ayes. RESIDENTIAL RECYCLING CONTRACT EXTENSION APPROVED Manager Hughes elaborated that for the past several years, Allied Waste Services has held the recycling contract in the City. They proposed a three year extension of the recycling contract which was reviewed by the Recycling Commission. The Commission recommended a one year extension of the contract. Allied has proposed a two year extension of the contract with exactly the same price and with the same revenue sharing as in the 2005 contract. Mr. Hughes said staff believed that is an excellent price as compared to other cities. Mr. Hughes said Allied was proposing that during the contract term, a pilot program would be conducted in a portion of the City dealing with single-sort recycling. He explained single-sort recycling was a way to collect recyclables using a cart instead of bin. Residents would not have to sort the paper items from the rigid items, as has currently been done. The cart was then dumped into a collection truck by an automated arm and materials would be taken to a recycling facility. Page 11 Minutes(Edina City Council/September 6,2005 Mr. Hughes recommended approval of the extension of the residential contract with Allied Waste Services for recycling collection through 2007. Member Swenson asked why the collection of yard waste was not at the curb. Recycling Coordinator Wilmot said since garbage containers were left at the garage, similar yard waste containers must, per City Code,be left at the garage and not curbside. Member Masica inquired how the pilot program would select its sample residents and when the program would begin. Ms. Wilmot said she will work with BFI to ensure an accurate sampling, adding that the pilot program pick-up would be every other week. Member Housh asked how long the City has been receiving a rebate on recycling services. Ms. Wilmot said the one year contract was negotiated in 2004 for 2005. Member Housh asked who receives the rebate. Ms. Wilmot said residential rates for 2006 will be reduced. Rich Herstein, Minnesota Marketing Manager for BFI, 4218 Red Oak Lane, Chanhassen, thanked staff for the opportunity to work with the City and the recycling program. Member Housh made a motion approving the residential recycling contract as presented with Allied Waste Services (formerly Browning Ferris Industries (BFI) of Minnesota) for recycling collection through 2007. Member Masica seconded the motion. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. 'RESOLUTION NO. 2005-78 - SPECIAL ASSESSMENT SENIOR DEFERRAL PROGRAM Motion made by Member Housh and seconded by Member Swenson introduced Resolution No. 2005-78 the Special Assessment Senior Deferral Program and moving approval: RESOLUTION NO. 2005-78 AUTHORIZING SPECIAL ASSESSMENT SENIOR DEFERRAL PROGRAM WHEREAS, by Minnesota Statutes, Sections 435.193 through 435.195, the City is authorized and empowered to defer the payment of special assessments against homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom payment of such special assessment would be a hardship;and WHEREAS, the City Council of the City of Edina deems it desirable and in the best interests of the City of Edina and its citizens to implement such authority and power by establishing standards, guidelines and procedures for the granting and processing of such deferments; NOW, THEREFORE BE IT RESOLVED, that the following standards, guidelines and procedures are hereby established and adopted: ELIGIBILITY STANDARDS • The applicant must be 65 years of age or older or retired by virtue of a permanent and total disability,and • The applicant must be the fee simple owner of the property or must be a contract vendee for fee simple ownership,and Page 12 Minutes/Edina City Council/September 6, 2005 • The property for which deferment is requested must be classified and taxed as homestead property by the City Assessor as of the date the application for deferment is made, and • The first year's installment of the proposed special assessment must, either alone or in the aggregate with installments of other special assessments due against the property and payable in the first year of the proposed assessment, total more than two percent of the applicant's total household income as defined by Minnesota Statutes, Chapter 290A. INTEREST RATE • Any special assessment deferred pursuant to this policy shall bear interest at the prevailing interest rate applicable at the time the assessment was originally levied. TERMINATION • Special Assessment payments deferred pursuant to the eligibility requirements set forth by this policy shall become payable effective upon the occurrence of one of the following events: • The subject property is sold, transferred, subdivided, or in any way conveyed to another by the fee owner qualified for deferral status. • The death of the fee owner qualified for deferral status unless a surviving joint tenant, tenant in common, or contract vendee is eligible for the deferral benefit provided hereunder. • The property loses its homestead status for any reason. • The City council determines that there would be no hardship to require an immediate or partial payment of the deferred special assessment. PROCEDURES • The applicant for deferment must file a completed application and affidavit with the City Assessor on or before November 15th of the year preceding the year for which deferral status is requested in order to implement the deferral program for said year. • All applications for deferment shall be made on forms prepared and supplied by Hennepin County and the City of Edina. • The City Assessor shall;include in any and all mailed notices of public hearings with respect to special assessments, a statement explaining the deferment policy hereby adopted. • The City Assessor shall transmit all deferments granted pursuant to this policy to the Hennepin County Auditor for recording with the Office of the County Recorder, Hennepin County, Minnesota, so as to give notice of such deferment to all future owners and encumbrancers of the property for which a deferment has been granted. BE IT FURTHER RESOLVED, that the City Council shall not be prohibited from determining that a hardship exists, and that a deferment should be granted on the above terms and conditions, even if the eligibility requirements are not met by an applicant, provided that the Council finds that: • There are exceptional and unusual circumstances not covered by the foregoing standards and guidelines, and • If granted, the deferment will have been made in a non-discriminatory manner, and • The granting of the deferment will not give the applicant an unreasonable preference over other applicants. BE IT FURTHER RESOLVED, that failure of the City to give notice pursuant to this policy or the granting or denial of any deferment shall not invalidate any special assessment otherwise made and levied by the City of Edina pursuant to applicable statutory requirements. Page 13 Minutes/Edina City Council/September 6,2005 Motion carried on rollcall vote-five ayes. *RESOLUTION NO. 2005-79 SETTING HEARING DATE OF OCTOBER 4, 2005, FOR ALLEY VACATION, INDIANOLA AND 50TH STREET Motion made by Member Housh and seconded by Member Swenson introducing the following resolution and moving its adoption: RESOLUTION NO. 2005-79 CALLING FOR PUBLIC HEARING ON VACATION OF ALLEY VACATION 50th AND INDIANOLA BE IT RESOLVED by the City Council of the City of Edina as follows: 1. It is hereby found and determined that the following described property should be considered for vacation in accordance with the provisions of Minnesota Statutes, Section 160.29 and 462.348,Subd. 7: 2. This Council shall meet at 7:00 P.M. on the 4th of October 2005,for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The City Clerk is authorized and directed to cause notice of said hearing to be published once a week for two weeks in the Edina Sun-Current,the official newspaper of the City,to post such notice, in at least three public and conspicuous places, as provided in Minnesota Statutes. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA,MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC ALLELY 50TH STREET AND INDIANOLA AVENUE IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on October 4, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for an alley right of way easement to be vacated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED: The vacation of the alley lying southerly of the south line of Lot Two (2) and Lot Three (3), Block One (1), "Stevens 1st Addition to Minneapolis", Hennepin County, Minnesota, and lying northerly of the north line of Lot Four (4), said Block One (1) and its easterly extension,and lying westerly of the plat of HENLEY ADDITION, Hennepin County,Minnesota, and lying easterly of Indianola Avenue. All persons who desire to be heard with respect to the question of whether or not the above proposed street right of way and utility and drainage vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed street vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects 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, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. Page 14 Minutes/Edina City Council/September 6,2005 BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangen,City Clerk Dated: September 6,2005 Passed and adopted this 6th day of September 2005. Motion carried on rollcall vote-five ayes. MINNEHAHA CREEK WATERSHED VISIONING PARTNERSHIP PRESENTED Michael Wyatt, Minnehaha Creek Watershed District Planner indicated the Visioning Partnership Purpose for the District was, 'Develop a set of recommendations for the long-term management of Minnehaha Creek which incorporated local landowner and citizen user input related to values associated with the creek'. He shared the hierarchy of goal-setting, management strategies and the process for Ievels of involvement. Mr. Wyatt said the Citizens Advisory Committee recommended the overall vision for Minnehaha Creek including both an existing and desired sense of place as the creek was: 1) a corridor with various reaches and destinations, 2) serving as a gathering place for people, 3) providing recreational opportunities, 4) a contemporary cultural resource and reflects our history, and 5) providing natural and aesthetic experiences unique to its setting. Mr. Wyatt said within the creek corridor, it was also desired to: 1) providing balanced opportunities to experience the creek, 2) improve the natural environment, 3) improve water quality, 4) have variation and physical differences, and 5) be reflective of our history and a priority for our future. Jack Sullivan, 5808 Beard Avenue south, volunteer on the Minnehaha Creek Watershed District, commented that the visioning and goals proved to him the importance of the Creek and its partnership with all residents. Jeff Ryan, 4805 Sunnyside Road, said everyone wants cleaner water, better access for recreation, reduction in damage due to erosion, an increase in wild life, and more green space but for a different use. He encouraged approval of the resolutions as presented. Following a brief Council discussion, Member Housh made a motion, seconded by Member Swenson introducing the following resolution and moving its adoption: RESOLUTION NO. 2005-76 CREATING A MINNEHAHA CREEK VISIONING PARTNERSHIP WHEREAS, Minnehaha Creek is a highly valued stream flowing from Lake Minnetonka to the Mississippi River;and WHEREAS, the preservation and enhancement of the Minnehaha Creek Corridor is a high-priority expressed in the comprehensive plans for each of the cities along the Creek, and the Water Resources Management Plan of the Minnehaha Creek Watershed District;and WHEREAS, urbanization in the Minnehaha Creek Watershed has led to the degradation of the stream's flow regime, habitat and water quality, but the Creek has high potential for restoration;and WHEREAS, the Minnehaha Creek Watershed District completed in 2003 a detailed Hydrologic,/Hydraulic and Pollutant Loading Study, and a Minnehaha Creek Stream Assessment;and WHEREAS the MCWD will undertake revisions to its Watershed Management Plan in partnership with the U.S. Army Corps of Engineers Feasibility Study to explore the potential Page 15 Minutes/Edina City Council/September 6,2005 federal interest for Aquatic Ecosystem Restoration and Flood Damage Reduction in the Minnehaha Creek Corridor, WHEREAS, the City of Edina desires to partner with the other communities along the Creek to seek protection and improvement of the Minnehaha Creek Corridor; NOW, THEREFORE BE IT RESOLVED, that the City of Edina supports the formation of a partnership to provide guidance and recommendations on policy development, technical issues, and public involvement to create a common vision and coordinated recommendation for the Minnehaha Creek Corridor,to be organized as follows: 1. Partnership Composition The partnership will comprise the following partners: • City of Minnetonka; • City of Hopkins; • City of St. Louis Park, • City of Edina; • City of Minneapolis; • Minneapolis Park and Recreation Board; • Hennepin County;and • Minnehaha Creek Watershed District 2. Policy y oard a. The partnership Policy Board will comprise a member of the governing body of each of the partner organizations. b. The Policy Board will generally meet quarterly as needed and pursuant to an established project schedule and work plan. 3. Technical Advisory Committee a. The Technical Advisory Committee will provide technical review and recommendations to the partnership and will comprise a staff representative from each of the partner organizations, and a representative from the U.S. Army Corps of Engineers, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,Minnesota Department of Health and such other governmental agencies having a technical interest and expertise to offer for the benefit of the Minnehaha Creek Corridor. b. The Minnehaha Creek Watershed District technical representative will serve as the Chair of the Technical Advisory Committee. c. The Technical Advisory Committee will generally meet monthly as needed pursuant to the established project work schedule and work plan. 4. Public Advisory Committee a. The Public Advisory Committee will comprise two citizen representatives designated by each partner organization, and up to seven other representatives of stakeholder organizations named by the Minnehaha Creek Watershed District to represent conservation, property owner, development, and recreational interests in the Minnehaha Creek Watershed appointed by the Minnehaha Creek Watershed through an open application process. b. The Minnehaha Creek Watershed District will designate one of its Board Members to serve as Chair to the Public Advisory Committee. c. The Public Advisory Committee will generally meet monthly as needed pursuant to the established project schedule and work plan. 5. Legal Authority i Page 16 Minutes/Edina City Council/September 6,2005 It is understood that the decisions and activities of the partnership are advisory only, and will not have any binding legal authority on any of the partnership's members. The parties to the partnership expect that recommendations developed and approved by the partnership will be duly considered and acted upon by the governing body of the respective the partnership members. 6. Term The partnership will meet and work for an initial period of three (3) years, concluding on or before March 1, 2007, subject to a determination to renew the work of the partnership by each of its partner organizations Passed and adopted this 6th day of September 2005. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Member Hulbert made a motion, seconded by member Housh introducing the following resolution and moving its adoption: RESOLUTION NO. 2005-77 ADOPTING MINNEHAHA CREEK VISION City Whereas, the Minnehaha Creek Watershed District and of Edina previously adopted a resolution to create the Minnehaha Creek. Visioning Partnership to provide guidance and recommendations on policy development, technical issues, and public involvement to create a common vision and implementation plan for the Minnehaha Creek Corridor; Whereas, the Partnership's Citizens Advisory Committee (CAC), comprised of 23 representatives from the cities of Minneapolis, Edina, St. Louis Park, Hopkins and Minnetonka, the Minneapolis Park and Recreation Board, Hennepin County, and the Minnehaha Creek Watershed District, held twelve workshop meetings to develop a recommended creek vision; Whereas, the Partnership's Technical Advisory Committee also met to review the technical feasibility of the vision recommendations developed by the CAC, and has concluded that these recommendations are technically feasible; Whereas, the CAC also convened a public Open House to gather further public input and review of the proposed creek vision and the CAC's recommendations; Whereas, the CAC has now produced a detailed report that sets forth a creek vision as follows: The Vision for Minnehaha Creek includes both an existing and desired sense of place. With respect to the existing sense of place,the creek: ■ Is a corridor with various reaches and destinations, ■ Serves as a gathering place for people, ■ Provides recreational opportunities, ■ Is a contemporary cultural resource,yet it also reflects our history, and ■ Provides natural and aesthetic experiences unique to its setting. Within the creek corridor it is also desired to: ■ Provide balanced opportunities to experience the creek, ■ Improve the natural environment, ■ Improve water quality, ■ Have variation and physical differences, and ■ Be reflective of our history and a priority for our future. Whereas, the CAC's creek vision recommendations also include management priorities, streambank erosion improvements, aquatic habitat management, riparian vegetation Page 17 Minutes/Edina City Council/September 6,2005 management, woody debris management, study of weir and dam removal, stream flow management,water quality management,and decision making criteria;and Whereas, the CAC's creek vision recommendations will be considered by both the MCWD and the USACE as they move forward with plans and designs, and it is also intended as guidance for other organizations, such as cities and the Minneapolis Park Board, which share creek corridor management responsibilities, with the hope is that all organizations can work together toward a common vision for the creek; NOW, THEREFORE BE IT RESOLVED that the City of Edina hereby adopts the general creek vision recommendations presented by the CAC as the general conceptual framework to guide creek corridor management, and thanks the 23 citizen members of the CAC for their hard work,thorough study,and carefully-considered recommendations; BE IT FURTHER RESOLVED that the City of Edina supports the inclusion of these recommendations in the Water Resources Management Plan being developed by the Minnehaha Creek Watershed District;and BE IT FURTHER RESOLVED that the City of Edina agrees to continue to work with the other members of the Minnehaha Creek Visioning Partnership, through its policy board, technical advisory committee, and citizens advisory committee, to coordinate the implementation of these recommendations;and BE IT FURTHER RESOLVED that the City of Edina hereby expresses its support for the United States Army Corps of Engineers Feasibility Study within the Minnehaha Creek Watershed District to pursue the investigation of the potential Federal interest in assisting with the implementation of Minnehaha Creek Visioning Partnership recommendations in the Minnehaha Creek corridor. Passed this 6th day of September,2005. Ayes: Housh, Hulbert,Masica, Swenson,Hovland. Motion carried. *CONFIRMATION OF CLAIMS PAID Member Housh made a motion and Member Swenson seconded the motion approving payment of the following claims as shown in detail on the Check Register dated August 17, 2005, and consisting of 32 pages: General Fund $172,324.14; Communications Fund $14,795.96; Working Capital Fund $152,927.77; Construction Fund $355,610.12; Art Center Fund $11,375.29; Golf Dome Fund $54.01; Aquatic Center Fund $18,619.50; Golf Course Fund $16,585.12; Ice Arena Fund $45,337.69; Edinborough/Centennial Lakes Fund $13,496.47; Liquor Fund $137,191.50; Utility Fund $624,392.54; Storm Sewer Fund $29,482.06; Recycling fund $33,874.00; PSTF Agency Fund $4,166.59; TOTAL $1,630,232.76; and for approval of payment of claims dated August 24, 2005, and consisting of 32 pages: General Fund $79,226.83; CDBG Fund $9,495.10; Communications Fund $12,793.59; Working Capital Fund $99,583.84; Art Center Fund $8,661.78; Golf Dome Fund $2,311.05; Aquatic Center Fund $3,112.55; Golf Course Fund $42,263.62; Ice Arena Fund $1,891.20; Edinborough/Centennial Lakes Fund $5,024.47; Liquor Fund $139,329.98; Utility Fund $43,965.07; Storm Sewer Fund $188.08; PSTF Agency Fund $290.88; TOTAL $448,138.04; and for approval of payment of claims dated August 31, 2005, and consisting of 31 pages: General Fund $324,355.26; Communications Fund $1,716.40; Working Capital Fund $58,641.26; Construction Fund $2,286.12; Art Center Fund $1,820.47; Golf Dome Fund $1,238.68; Aquatic Center Fund $1,448.51; Golf Course Fund $23,420.22; Ice Arena Fund $1,190.60; Edinborough/Centennial Lakes Fund $25,572.99; Liquor Fund $171,795.91; Utility Fund $32,066.34; Storm Sewer Fund $20,121.20;PSTF Agency Fund$210.82;TOTAL$665,884.78. Motion carried on rollcall vote-five ayes. Page 18 Minutes/Edina City Council/September 6,2005 RESOLUTION NO. 2005-74 APPROVED SETTING MAXIMUM TAX LEVIES Manager Hughes recommended adoption of Resolution No. 2005-74, setting the maximum proposed 2006 tax levies of $18,560,151 for the General Fund, $1,081,536 for the debt service of the Housing and Redevelopment Authority Public Project Revenue Bonds Series 2002 (year 5 of City Hall debt service levy), $159,100 for debt service of equipment certificates of indebtedness, and $420,205 for the debt service of the Housing and Redevelopment Authority Public Project Revenue Bonds Series 2005A (year 1 of Gymnasium debt service levy). The total market value based referendum levy would be set at$599,138. Following a Council discussion, Member Swenson introduced the following resolution and moved its adoption: RESOLUTION NO. 2005 -74 A RESOLUTION ADOPTING PROPOSED BUDGET FOR THE CITY OF EDINA FOR YEAR 2006, AND ESTABLISHING THE PROPOSED TAX LEVY PAYABLE IN 2006 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS: Section 1: The Budget for the City of Edina for calendar year 2006, is hereby proposed as follows: TOTAL GENERAL FUND $25,367,595 Section 2: Estimated receipts other than General Tax Levy are hereby proposed as follows: TOTAL ESTIMATED RECEIPTS $ 6,817,222 Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount as follows: FOR GENERAL FUND $18,550,373 Section 4. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount as follows: FOR DEBT SERVICE OF THE HOUSING AND REDEVELOPMENT AUTHORITY PUBLIC PROJECT REVENUE BONDS - SERIES 2002 $ 1,081,536 Section 5. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount as follows: FOR DEBT SERVICE OF CERTIFICATES OF INDEBTEDNESS $ 159,100 Section 6. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount as follows: FOR DEBT SERVICE OF THE HOUSING AND REDEVELOPMENT AUTHORITY PUBLIC PROJECT REVENUE BONDS SERIED 2005A $ 419,000 Approved this 61h day of September, 2005. Member Hulbert seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Page 19 Minutes/Edina City Council/September 6,2005 TRUTH IN TAXATION HEARING DATE SET Mr. Hughes recommended that Monday, December 5, 2005, at 5:00 P.M. be set for Truth in Taxation initial hearing; and Monday, December 12, 2005, at 5:00 P.M. be set for the continuation hearing; and Tuesday, December 20, 2005, be set for the budget adoption hearing. He reminded the Council that few dates are available by law for setting the truth in taxation hearing dates. Member Masica made a motion setting Monday, December 5, 2005, as hearing date for Truth in Taxation initial hearing and setting Monday, December 12, 2005, as continuation Truth in Taxation hearing date and budget adoption on December 20, 2005, at 7:00 P.M. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica,Swenson,Hovland Motion carried. 'RESOLUTION NO. 2005-75 SETTING HEARING DATE SET OF OCTOBER 4, 2005 FOR ISSUANCE OF BONDS BY MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY - SOUTHDALE YMCA Member Housh introduced the following resolution, seconded by Member Swenson and moved its adoption: RESOLUTION 2005-75 SET HEARING DATE OF OCTOBER 4,2005, FOR REVENUE BOND FINANCING FOR YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) OF METROPOLITAN MINNEAPOLIS WHEREAS, The Young Men's Christian Association of Metropolitan Minneapolis (the "Corporation"), intends to provide for the financing of equipment and the improvement of various administrative office, community program and health enhancement facilities in the cities of New Hope, Minneapolis, Andover, Edina and Minnetonka (collectively the "Project"), through a revenue bond in the amount of up to $5,000,000 (the "Bond") to be issued by the Minneapolis Community Development Agency (the "Issuer");and WHEREAS, because one of the facilities to be financed is located in the City of Edina (the "City"), it is necessary for the City to hold a public hearing and then approve the issuance of the Bond by the Issuer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota,as follows: Section 1. The City Council shall hold a public hearing at 7:00 p.m. central time on Tuesday, October 4, 2005, at the Council Chambers in City Hall, 4801 W. 50th Street, Edina, Minnesota, to provide an opportunity for interested individuals to express their views on the proposed issuance of the Bond and the nature of the Project. The City Clerk shall cause a notice of public hearing in substantially the form attached as Exhibit A to be published in the official newspaper of the City no fewer than fourteen (14) and no more than thirty (30) days before the hearing. EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF A REVENUE BOND TO FINANCE VARIOUS YMCA FACILITIES Notice is hereby given that the City Council of the City of Edina, Minnesota (the "City") will meet on Tuesday, October 4, 2005, at 7:00 p.m. in the City Council Chambers in the City Hall, located at 4801 W.50th Street, Edina,Minnesota,for the purpose of conducting a public hearing on a proposal by The Young Men's Christian Association of Metropolitan Minneapolis (the "Corporation") that the City approve the issuance by the Minneapolis Community Page 20 Minutes/Edina City Council/September 6, 2005 Development Agency (the "Issuer") of a revenue bond in the approximate amount of $5,000,000 (the "Bond"), to finance a project more fully described below, pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"). The project includes various construction, renovation, equipment and related costs incurred or to be incurred by the Corporation with respect to various administrative office, community program and health enhancement facilities located at the following addresses: 30 S. Ninth Street, Minneapolis; 2125 E. Hennepin Avenue, Minneapolis; 4 W. Rustic Lodge, Minneapolis; 3335 Blaisdell Avenue S.,Minneapolis;4100 28th Avenue S.,Minneapolis;1711 West Broadway, Minneapolis; 1801 University Avenue S.E., Minneapolis; 2304 Jackson Street N.E., Minneapolis; 15200 Hanson Boulevard, Andover; 7601 42nd Avenue, New Hope; 12301 Ridgedale Drive, Minnetonka; and 7355 York Avenue S., Edina. The amount of the Bond proceeds to be expended on the facility in Edina will not exceed$1,000,000. The Bond and interest thereon shall not be payable from nor charged against any funds of the City or the Issuer other than revenue pledged for the payment thereof, nor shall the City or the Issuer be subject to any liability thereon. No holders of the obligations shall ever have the right to compel any exercise of the taxing power of the City or the Issuer to pay the obligations or the interest thereon, nor to enforce payment against any property of the City or the Issuer. Such obligations shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City or the Issuer, nor shall the same constitute a debt of the City or the Issuer within the meaning of any constitutional or statutory limitations. All persons interested may appear and be heard at the time and place set forth above or may submit written comments in advance of the hearing. Motion carried on rollcall vote -five ayes. *PETITION RECEIVED FOR STREET LIGHTING ON SOUTH KNOLL DRIVE Motion made by Member Housh and seconded by Member Swenson accepting a petition from Ann Moore, 6220, South Knoll Drive, requesting street lighting on South Knoll Drive between Knoll Drive and South Knoll Drive, and referring the petition to Engineering for processing as to feasibility. Motion carried on rollcall vote - five ayes. *PETITION RECEIVED FOR STREET RECONSTRUCTION ON DEVER DRIVE, PARK PLACE AND WOODCREST DRIVE Motion made by Member Housh and seconded by Member Swenson accepting a petition from James Angelle, 5501 Park Place, requesting street reconstruction on Dever Drive, Park Place and Woodcrest Drive, and referring the petition to Engineering for processing as to feasibility. Motion carried on rollcall vote -five ayes. MEETING WITH LEGISLATIVE DELEGATION SCHEDULED Following a brief Council discussion, November 15, 2005, was tentatively set for a meeting with the Legislators at 5:00 P.M. at Edina City Hall. There being no further business on the Council Agenda, Ma or Hovland declared the meeting adjourned at 10:38 P.M. City lerk Page 21