HomeMy WebLinkAbout19850415_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
APRIL 15, 1985
Answering rollca 1 were Members Kelly, Turner,' and Mayor Cour-ney.
arrived at 7:20 p.m.)
(Nember Bredesen
RESOLUTIONS OF COMMEXDATION FOR EDINA HIGH SCHOOL TEAMS ADOPTED. Mayor Courtney pre-
sented the following resolutions of commendation for Edina High School athletic teams
which were unanimously adopted:
RESOLUTION OF COMMENDATION I EDINA HIGH SCHOOL GIRLS' SWIM TEAM
WHEREAS, the Edha Girls' Swim Team won the 1984 Conferencei Section, and State
Championships; and
WHEWS, success in these Championships has been the result of their extra-ordinary
ability, hours of practice and dedication t6 the sport; and
WHEREAS, members of the team behaved in a manner reflecting the credit they have
brought to the City of Edina;
NOW, THEREFORE BE IT RESOLVED by the Edina City Council that sincere congratulations
be extended to member of the team: Martha Baumgartner, Sara Bergman, Tara Bergman,
Victoria DOW, Trish Franciosi, Jenni Frandeen, Emma Garforth, Lori Heisick, Kirstin
Kendig, Karen Kozar, Kirsten Larsen, Mindy Mikan, Maura Ries, Stephanie Seveland,
Lyn Tierney, Claudia Vieira, Lori Wilbur and Ann Wohlrabe, and to theccoaches
Ann Anklam and Michael Daly.
BE IT FURTHER RESOLVED that a copy of this resolution be entered into the Minutes
Book of the Edina City Council and- that copies be presented to the members of the
Championship Team.
ADOPTED this 15th day of April, 1985.
_._
? RESOLUTION OF COMMENDATION
EDINA HIGH SCHOOL GIRLS' TENNIS TEAM
WHEREAS, the Edina Girls' Tennis Team won the 1984 Lake Conference, Section VI, and
State Championships; and
WHEREAS, the Edina Girls' Tennis Team established an enviable record in the State
Tournament by winning the Singles Championship and Doubles Championship, and success
has been the result of their special ability, hours of practice and dedication to
the sport; and
WHEREAS, members of the.team behaved in a manner reflecting the credit they haye
brought to the City of Edina;
NOW, THEREFORE BE IT RESOLVED by the Edina City Council that sincere congratulations
be extended to members of the team; Kelly Anderson, Laura Bassinger, Suzanne Blietz,
Aileen Furlong, Martha Goldberg, Ginger Helgeson, Michelle Houser, Jennifer Moe
and Jennifer Nelson and to Coaches, Charles Anderson and Bruce Clare; and
BE IT FURTHER RESOLVED that a copy of this resolution be entered into the Minutes
Book of the Edina City Council and that copies be presented to the members of the
Championship team.
ADOPTED this 15th day of April; 1985.
. . ._ RESOLUTION OF COMMENDATION
EDINA HIGH SCHOOL BOYS' GYMNASTICS TEAM
WHEREAS, the Edina Boys' Grmnastics Team won the 1984 State Championship, and
completed an outstanding season of performances; and
WHEREAS, the Edina Boys' Gymnastics Team has won its second State Championship; and
WHEREAS, success in the State Tournament has been the result of their special ability,
dedication to the sport, and for their behavior in a manner reflecting the credit
they have brought to the City of Edina; ____
NOW, THEREFORE BE IT RESOLVED by the Edina City Council that sincere congratulations
be extended to the members of the team: Frank Barnes, Jonathan DeLeon, David Engh,
Timothy Fulford, Erik Glderson, Charles Limy Matthew Maguire, Christopher Nelms ,
Bruce Nordstog, Steven Petry, Troy Stende, Lam Truong and Coaches Bob Hoecherl and
and Bert Selsbach.
BE IT FURTHER RESOLVED that a copy of this resolution be entered into the Minutes
Book of the Edina City Council and that appropriate copies be given to members of
the Championship team.
ADOPTED this 15th day of April, 1985. I *
RESOLUTION OF COMMENDATION
EDINA HIGH SCHOOL GIRLS' GYMNASTICS TEAM
WHEREAS, the Edina High School Girls' Gymnastics Team has completed a successful
1984 season, winning the Lake Conference, Region 6AA, and State Championships; and
WHEREAS, members of the team behaved in a manner reflecting the credit they have
brought to the City of Edina; and
WHEREAS, success has come to the members of the team because of their special ability,
hours of practice, and the leadership of their Coaches; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, on behalf
of the Citizenry as a whole, that all members of the Edina Girls' Gymnastics Team
be publicly commended for their outstanding accomplishments; and
BE IT FURTHER RESOLVED that a copy of this resolution be presented to the members
of the Championship Team: Sarah Anderson, Jennifer Ducar, Toni Manske, Kelly Meredith, -
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Melanie Peacock, Jody Shanedling, Tiffany Utendorfer, Michelle Wise, and to
the Coaches, Kit Olson and John Reardon.
ADOPTED this 15th day of April, 1985.
BICYCLE SAFETY WEEK PROCLAIMED. Mayor Courtney read the following proclamation
for Bicycle Safety Week:
BICYCLE SAFETY WEEK PROCLAMATION
As Mayor of the City of Edina, I call upon all members of this community to give
their wholehearted support to the 22nd Annual Edina Bicycle Safety Program
which has traditionally been sponsored under the united efforts of various Edina
civic organizations.
The purpose of the Program is to reduce the hazard of bicycle riding for young
bicyclists, as well as for pedestrians and motorists.
of our streets and highways daily increases the dangers for the careless or
unskilled rider.
year throughout our nation (due to collisions between bicycles and motor vehicles
along) have alerted us to the need for such a Program.
girls, at an early age, in proper riding skill, by teaching them the laws govern-
ing bicyclists, by explaining the reasons for obeying safety rules and by helping
them to be aware of the hazards of biking, we feel that Edina is making a concerted
attempt to assure that the number of accidents does NOT keep up with the ever-
increasing number of bicyclists.
The energy crisis may even now be creating the need for our adults to use their
bicycles as a means of transportation for short haul errands.
all to become thoroughly familiar with the "rules of the road" to minimize the
incident of accidents. We should all remember that a bike is no longer just a
toy, but a vehicle to be taken seriously.
The safety of our children cannot be relegated to a once-a-year campaign.
for the support of every parent in carrying out this campaign all year long and
I urge every youngster to participate in this Bicycle Safety Program and then to
practice what he has learned - for his safety as well as for the safety of others.
As Mayor.of Edina, I hereby proclaim,the week of May 5th to be Bicycle Safety
Week in Edina.
PROCLAIMED this 15th day of April, 1985.
The growing congestion
Reports of hundreds of deaths and thousands of injuries each
By training our boys and
It behooves us
I call
heretofore caused notice of hearing to be duly publi hed and mailed to owners
of each parcel within the area proposed to be assessed on the following proposed
improvement:
1. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-353 IN THE FOLLOWING:
Westwood Court
and at the hearing held at the time and place specified in said notice, the Council
has duly considered the views of all persons interested, and being fully advised
of the pertinent facts, does hereby determine to proceed with the construction of
said improvement, including all proceedings which may be necessary in eminent
domain for the acquisition of necessary easements and rights for construction and
maintenance of such improvement; that..said improvement is hereby designated and
shall be referred to in all subsequent proceedings as WATERMAIN IMPROVEMENT NO. WM-353
I
RQGER SORENSON COMMENDED.
Mr. Sorenson has been employed with the City since 1965 and.that he will be
Mr.. Rosland introduced Roger Sorenson and said that
retiring on April 22. He has worked in the Park Department as a Light Equipment
Operator and has been a dedicated, hard-working employee. Mr. Rosland-commended
him for his many years of fine service to the City and presented him with a
silver pen bearing the Edina Logo.
and commending Mr. Sorenson for his outstanding employment record.
Members of the Council.joined in-thanking
PUBLIC HEARING CONDUCTED; WATERMAIN IMPROVEMENT NO. WM-353 AUTHORIZED. Affidavits
of Notice were presented by-Clerk, approved and ordered placed on file. Engineer
Hoffman advised that last November the residents of Westwood Court, located off
Schaeffer Road, had presented a petition for watermain extention improvenent.
Proposed construction would be to loop the watermain extention around Westwood
Court back to Schaeffer Road. The improvement would require excavation of the
street in order to construct the watermain extention and then the reconstruction
of the street. Mr. Hoffman presented estimated cost of construction for Watermain
Improvement No. P-WM-353 at $65,734.60, proposed to be assessed against 12.assess-
able lots-at $5,617.95 per lot, with--credit to Lot 8, Black 1, Westwood Court of
$1;680.74.. -If-approved, construction of this improvement could be accomplished
in 1985. Assessments would then be levied in.1986 with the initial installment
due in 1987.
with an annual rate of interest to be charged on the unpaid balance not to exceed
the amount allowed by law.
Block 1; Lots 1 thru 4, Block 2, Westwood Court.
heard, Member Turner moved adoption of the following resolution:
The improvement is proposed to be assessed over a ten year period,
The area proposed to be assessed includes Lots 1 thru 8,
No comment or objection being
RESOLUTION ORDERING
WATERMAIN IMPROVEMENT NO. WM-353
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
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and the area to be specially assessed
Lots 1 thru 8, Block 1; Lots 1 thru
Motion for adoption of the resolution
Rollcall :
Ayes: Kelly, Turner, Courtney
Resolution adopted.
therefor shall include:
4, Block 2, Westwood Court.
was seconded by Member Kelly.
FINAL PLAT APPROVED FOR INDIAN HILLS 2ND ADDITION.
that the Council gave preliminary approval to the plat of Indian Hills 2nd Addition,
generally located west of Gleason Road and south of the Crosstown Highway, as origi-
nally submitted at its meeting of June 18, 1984.
include some additional portion of the Cross View Lutheran Church property. Council
approved the revised plat on December 17, 1984. The proponent has now returned with
the final plat and is seeking final plat approval and rezoning approval. Mr. Hughes
recalled that Lots 1 thru 7 of the plat are proposed for R-2 zoning; the balance of
the lots 8 thru 15 will be single family lots; Lot 16 is retained in church ownership.
Several months ago a conditional use permit was granted to facilitate the expansion
of the church. Preliminary plat approval was granted, subject to these conditions:
1) subdivision dedication, 2)developer's agreement, 3) conservation restriction-xoaerin
the wetland area, 4) grant of easements to facilitate storm sewer extensions, 5) grant
of D.N.R. permit, and 6) petition to install permanent street surfacing and curb and
gutter on McCauley Trail West.
complied with except for the conservation restriction.
restriction has not been received and the final plat approval should-include.:that as
a condition.
and utility easement, but the conservation restriction would add other restrictions
as to what could be done in the area.
pared by staff and final plat approval and rezoning is recommended.
that final rezoning requires a 4/5 favorable vote of the Council and that the rezoning
could be continued to the meeting of May 6, 1985 if Member Bredesen did not appear.
No objection or comments being heard, Hember Kelly introduced the following resolution
and moved adoption, subject to receipt of an executed conservation restriction and
payment of a subdivision dedication fee.of~22,OOO;OO: ___ ___ -
Planner Gordon Hughes recalled
Later the plat was amended to
Mr. Hughes stated that all the conditions have been
The executed conservation
He pointed out that the final plat defines that area as a drainage
A subdivision dedication report has been pre-
Mr. Hughes noted
.
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR INDIAN HILLS 2ND ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled "Indian Hills 2nd Addition" platted by The Minnesota South District of
the Lutheran Church-Missouri Synod, a tfinnesota non-profit corporation, and Cross
View Lutheran Church, a Minnesota non-profit corporation, and presented at the regular
meeting of the City Council of April 15, 1985, be and is hereby granted final plat
approval.
Rollcall :
Ayes: Kelly, Turner, Courtney
Resolution adopted
PRELIMINARY PLAT APPROVED FOR WILLIAM C. HANSEN ADDITION. Affidavits of Notice were
resented by Clerk, approved and ordered placed on file.
petition for preliminary plat approval for the William C. Hansen Addition, generally
located south of Grove Street and east of Johnson Drive. The proponent is requesting
a two-lot subdivision of the property resulting in one new building site. The new
lot would measure approximately 92 x 121 feet and contain 11,137 square feet in area.
The subject property measures approximately 200 x 121 feet and is 24,206 square feet
in area.
on the southerly portion of the site.
would measure 108 x 121 feet and would be 13,069 square feet in area.. The dwelling
on.:the sitexomplies in all..respects with the zoning ordinance from the standpoint of
lot coverage and setback from the new lot line.
dwelling on the site is served with sanitary sewer and water from Grove Street. It
would be necessary to relocate these services if a dwelling were constructed on the
new lot. The proponent has agreed to the relocation of those utility lines to a new
easement provided along the east property line. The Community Development and Plan-
ning Commission reviewed the plat on March 27, 1985, and recommended approval of the
subdivision, subject to 1) subdivision dedication, 2) relocation of existing utilities,
3) relocation of existing driveway to Johnson Drive.
relocate the utilities and driveway prior to final plat approval. In response to a
question of Member Turner regarding lot size in the neighborhood, Mr. Hughes stated
that neighboring lots are comparable in size.
Member Turner introduced the.following resolution and moved adoption, subject to
1) subdivision dedication, 2) relocation of existing utilities prior to final plat
approval, and 3) relocation of existing driveway:
Mr. Hughes presented the
It is developed with a single dwelling fronting on Johnson Drive and located
The lot retained for the existing dwelling
Mr-. Hughes pointed out that the
The proponent has agreed to
No objections or comments being heard,
RESOLUTION GRANTING PMLIMINARY PLAT APPROVAL
FOR WILLIAM C. HANSEN ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled "William C .- Hansen Addition", platted by ~illiam C. Hansen and Patricia
G. Hansen, -husband and wife, and Minnesota Federal Savings and Loan Association, a
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Minnesota corporation, and presented at the regular meeting of the City Council
of April 15, 1985,,be and.is hereby granted preliminary plat approval.
Rollcall :
Ayes: Kelly, Turner, Courtney
Resolution adopted.
(Member Bredesen entered the meeting at this point on the Council Agenda.)
PRELIMINARY PLAT AND FINAL DEVELOPMENT PLAN APPROVED FOR EDINA HIGHPOINTE 11.
Affidavits of Notice were presented by Clerk, approved and ordered placed on file.
Mr. Hughes presented the request for preliminary plat approval and final deve-
lopment plan approval for Edina Highpointe 11, generally located West of Cahill’
Road and north of Amundson Avenue extended.
2 1/2 acres in area and is presently occupied with two single-family dwellings.
Mr. Hughes stated that this is one of the few essentially vacant properties in
the City that was zoned in connection with the new Zoning Ordinance adopted in
March, 1984.
District.
conjunction with the enactment of the newJOrdinance with the provision that the
Community Development and Planning Commission and the Ccuncil must approve final
development plans prior to the issuance of a building permit. The applicant has
thus submitted the final development plans for review and approval. Mr. Hughes
said that the final plans include a site plan, grading plan, floor plans and
elevation drawings.
per acre, is proposed for the site. The proposed building will be complementary
in terms of style and materials to the applicant’s 16-unit condominium building,
Edina Highpointe, 11, locatea’directly to the north.‘. 3r. Hughes pointed out that
the site grades from an elevation of 872 at the northeast corner to 838 at the
southwest corner.
the north to the south to take advantage of this slope.
is in essence two 3-story buildings which are joined at the lobby area.
lowest floor of the northerly portion of the building in nine feet higher than
the lowest flodr of the southerly portion of the building.
building which is four stories in height at the lobby.
limits building height to three stories in PRD-3.
required.
applicant has also submitted a one-lot plat of the project as required by the
Zoning Ordinance.
the final development plans represent the same exceptional quality as the High-
point project to the north.
to increase slightly the radius of the front driveway to meet the requirements
of the Fire Department.
for the four-story element of the building, based on these reasons: 1) the
applicant has attempted to design a building which is sympathetic to the topo-
graphy of the site, 2) the four-story condition occurs at only one corner of
the rear of the building, and 3) that an excellent design will be fostered by
the grant of this variance. Staff thus recommends final development plan approval
and preliminary plat approval, subject to 1) final platting, 2) subdivision
dedication, and 3) review of the final grading plan by the Engineering Department
prior to issuance of a building permit to assure proper drainage.
stated that Ron Clark, proponent, was present to answer any questions. Member
Turner asked if the landscaping plan meets our criteria because of the close
proximity of the buildings, and also asked what the distance was from the pro-
posed building to the closest Oak Glen building. Mr. Hughes replied that the
same size landscaping material is expected as was used on the first Highpointe
building which generally has been oversized material. He pointed out that the
proposed building maintains a 35-foot setback, that the closest Oak Glen build-
ing also has a %-foot setback, thus providing a 70-foot space between the two
buildings. No comments or objection being heard, Member Turner moved adoption
of the following resolutions for preliminary plat approval and for final deve-
lopment plan approval, including granting of the variance for the four-story
portion of the building:
The subject property measures
Prior to that time this property was zoned R-3 Multiple Residential
The property was rezoned to PRD-3 Planned Residential District in
A 26-unit condominium building, which equates to 10 1/2 units
The applicant has designed a building that steps down from
The result of this design
The
.
This results in a
The Zoning Ordinance
Therefore, a variance is
The All other aspects of the project comply with the Ordinance.
As reported to the Planning Commission, staff believes that
The only modification of the plans requested is
Staff would also recommend that the variance be granted
Mr. Hughes
RESOLUTION GRANTING PRELIMINARY.PLAT
APPROVAL FOR EDINA HIGHPOINTE I1
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled ,.“Highpointe II”, platted by Ronald E. Clark, and presented
at the regular meeting of the City Council of April 15, 1985, be and is hereby
granted preliminary plat approval, subject to final platting and subdivision
dedication.
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the
Final Development Plan for Edina Highpointe 11, generally located west of Cahill
Road and north of Amundson Avenue extended, be and is hereby approved, subject
to review of the final grading plan by the Engineering Department prior to
issuance of a building permit.
4/15/85
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Moti n for adoption of the resolutions was seconded by Member K
Member Turner commented that, in terms of the variance, she had
lly .
made the motion
for approval because of the topography of the site and the uniqueness of the
building. design.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolutions adopted.
HEARING DATE SET FOR FINAL REZONING - VILLAGES IN' EDINA (EDINBOROUGH).
mended by staff, Member Turner's motion was seconded by Member Bredesen setting
May 6, 1985, as the hearing date for the final rezoning for Villages in Edina, the
new proposed name for the Edinborough project.
As recom-
I Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
ORDINANCE NO 825-A4 ADOPTED ON SECOND READING; R-2 ZONING APPROVED FOR INDIAN HILLS
2ND ADDITION. Mayor Courtney stated that, with the arrival of Member Bredesen, the
Council would now hear the request for final rezoning of Indian Hills 2nd Addition,
generally located west of Gleason Road and south of the Crosstown Highway.
recalled that the request is for rezoning from R-1 Single Dwelling Unit District to
R-2 Double Dwelling Unit District for Lots 1 thru 7, Block 1, Indian Hills 2nd Addi-
tion.
a sixteen lot subdivision with Lots 1 thru 7 proposed for R-2 zoning, Lots 8 thru 15
will be single family lots and Lot 16 is retained in church ownership.
recommend that final rezoning be granted.
moved Second Reading and adoption of Ordinance No. 825-A4 as follows:
Mr. Hughes
.
The final plat which was approved by the Council earlier in the meeting was for
Staff would
No comment being heard, Member Turner
ORDINANCE NO. 825-A4
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY ADDING TO THE DOUBLE DWELLING UNIT DISTRICT (R-2)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1.
following thereto:
"The extent of the Double DwelLing Unit District (R-2) is enlarged by the
addition of the following property:
Sec. 2.
Section 6 of Ordinance No. 825 of the City is amended by adding the
U Lots 1 thru 7, Block 1, Indian Hills 2nd Addition."
This ordinance shall be in full force and effect upon its passage and
publication.
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes.: Bredesen, Kelly, Turner, Courtney ,
Ordinance adopted.
I ATTEST : c, ?&a&
City Clerk
VACATION GRANTED FOR PORTION OF LINCOLN DRIVE RIGHT OF WAY.
were presented by Clerk, approved and ordered placed on file.
the petition of the owner of Outlot A, Edina Green, for vacation of a portion of
the Lincoln Drive right of way.
is part of an old right of way for Lincoln Drive which was vacated approximately
ten years ago.
over a portion of Outlot A. Northern States Power Company has asked that an existing
10 foot front easement be retained to protect their existing underground cable.
Staff would recommend that the vacation be granted, subject to reserving the author- .
ity-of Northern States Power Company to maintain their underground cable line. No
objection being heard, Member Bredesen moved adoption of the following resolution,
with the condition that the 10 foot front easement be reserved in favor of Northern
States Power Company:
Affidavits of Notice
Mr. Hoffman presented
He explained that the area requested to be vacated
The property owner is now asking for release of the old right of way
- .
.
RESOLUTION VACATING
PORTION OF LINCOLN DRIVE RIGHT OF i?AY
WHEREAS, a resolution of the City Council, adopted the 25th day of February, 1985,
fixed a date for a public hearing on a proposed vacation of portion of Lincoln Drive
right of way; and
WHEREAS, two weeks' published and posted notice of said hearing was given and the
hearing was held on the 15th'day of April, 1985, 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 street vacation be made; and
WHEREAS, the Council has considered the extent to which the vacation affects exist-
ing easements within the area of the vacation and the extent to which the vacation
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affects the authority of any person, corporation, or municipality owning or
controlling electric or telephone 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 street easement 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, Henne-
pin County, Minnesota, that the following described portion of the Lincoln Drive
right of way be and is hereby vacated effective as of April 16, 1985:
That part of Lot 4, Block 2, and of Outlot A, Edina Green lying within a
60 foot road easement as per Document No. 3909691.
described as follows:
Beginning at a point in the North line of the Northwest 1/4 of said
Section 31, distant 185 feet West of the Southwest corner of Parkwood
Knolls 15th Addition; thence South parallel with the Southerly extention
of the West line of said Addition 23.31 feet; thence Southwesterly 196.66
feet along a tangential curve to the right, having a radius of 440.1 feet;
thence Southerly 198.54 feet along a reverse curve having a radius of
672.63 feet; thence Southerly tangent to last described curve 85 feet;
thence Southeasterly 280.36 feet along a tangential curve to the left
having a radius of 318.42 feet; thence Southeasterly tangent to last
described curve 205.5 feet; thence Southerly 331.88 feet along a tangential
curve to the right having a radius of 275.72 feet; thence Southwesterly
tangent to last described curve 112.74 feet; thence Southerly 284.14 feet
along a tangential curve to the left having a radius of 370 feet to the
center line of Lincoln Drive as platted in the plat of Nine Mile North and
there terminating.
PROVIDED, however, that after due consideration, the Council has determined and
hereby specifies that the foregoing vacation shall not affect, and there is
hereby continued, reserved, and retained, the following existing easement and
authority in, on, and under the above vacated area:
Said road easement is
The City of Edina reserves in favor of Northern States Power Company an
existing ten foot front utility easement within said described vacated
street for the maintenance, replacement, repair and removal of, and for
otherwise attending to, underground cable lines required to provide
electric service to customers along this route, and
that the 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 Register of Deeds in accordance with Minnesota Statutes,
Section 412.851.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
BID AWARDED FOR STREET SWEEPER.
purchase of a street sweeper showing Itasca Equipment Company at $59,913.00,
MacQueen Equipment, Inc. at $62,830.00 and Sweeney Brothers Tractor, Inc. at
$71,960.00.
because Itasca's bid does not meet the bid specifications in many areas. It
was noted that Itasca Equipment Company has been advised of the recommendation.
No comment being heard, Member Bredesen's motion was seconded by Member Kelly
for award of bid for street sweeper to MacQueen Equipment, Inc. at $62,830.00.
Mr. Rosland presented tabluation of bids for
Staff would recommend award of bid to MacQueen Equipment, Inc. -
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
BID AWARDED FOR TOR0 GROUNDSMASTER FOR GOLF COURSE.
lation of bids for purchase of a Tor0 Groundsmaster showing MTI Distributing
Company at $6,344.00, Cushman Motor Company at $6,720.00 and Goulds, Inc. at
$6,805.00.
bid to recommended low bidder &IT1 Distributing Company at $6,344.00. I . Motion carried.
Mr. Rosland presented tabu-
Motion of Member Kelly was seconded by Member Bredesen for award of
Ayes: Bredesen, Kelly, Turner, Courtney
TRAFFIC SAFETY COMMITTEE MINUTES OF 4/9/85 APPROVED; RESOLUTION ADOPTED IN
SUPPORT OF TRAFFIC SIGNALS AT WEST 78TH STREET/BUSH LAKE ROAD.
motion was seconded by Member Kelly to approve the following recommended action
Member Bredesen's
as listed in Section A of 'the Traffic Saiety Committee Minutes of April 9, 1985:
1) That the Edina City Council adopt and forward a resolution to the Hennepin .
County Board supporting the installation of traffic signals at West 78th
Street and Bush Lake Road,
2) That the City enhance signing and striping on Cahill Road to establish clear
right turn and left turn lanes,
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3) That the City enhance signing and striping on West 78th Street to include a
right turn lane to northbound Cahill Road and a "SIGNAL YOUR TURN" sign for
the same traffic movement,
4) That the Traffic Safety Connnittee should monitor and review all new data deve-
loped on the intersection,
and to acknowledge Sections B and C of the Minutes.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
Member Turner then introduced the following resolution and moved its adoption:
WHEREAS, development along 78th Street in Edina and Bloomington has caused heavy
traffic congestion, and
WHEREAS, a traffic signal at East Bush Lake Road and I?. 78th Street would alle-
viate some of that congestion, and
WHEREAS, the City of Edina believes that traffic signal warrants are met at said
intersection;
NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council hereby urges the
Hennepin County Board of Commissioners to take positive action, along with Blooming-
ton, for the installation of traffic signals at East Bush Lake Road and W. 78th
Street at the earliest possible opportunity.
Motion for adoption of the resolution was seconded by Nember Bredesen.
RESOLUTION I
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
SLIDE PRESENTATION GIVEN ON LIGHT RAIL TRANSIT. Mr. Rosland introduced George K.
. Isaacs, Technical Advisor-Light Rail Transit, who gave a slide presentation on
Light Rail Transit (LRT) . He defined LRT as a transit system using rail cars elec-
trically powered from an overhead wire, on preferential rights of way.
showed various LRT systems in operation in the United States, Canada and Europe.
Mr. Isaacs pointed out the-following advantages of LRT systems: stations are simple;
helps reduce pollution in downtown areas; is.fast, comfortable and reliable~in all .
productive and for riders, fares and transfer privileges will be the same as for
buses. University Avenue is little used for vehicle traffic because of 1-94 and
could be the first corridor of 9.5 miles costing approximately $120M; the second
corridor could be Hiawatha Avenue and the Southwest corridor could be the third line.
Estimated costs for the 36 mile LRT system proposed for the three corridors is
$363M. LRT will cost about $1OM per mile for track, vehicles, stations, parking lots,
etc. For comparison, 1-394 will cost about $40 M per mile. Mr. Isaacs noted that
LRT will not replace buses but will supplement buses and highways.
buses or vans to collect riders and feed traffic to the LRT trains. LRT.nons+,ruction
is proposed to be financed from existing tax revenues, mostly from a portion of the
existing state motor vehicle excise tax already devoted to transit, and the existing
transit property tax levy. Mayor Courtney thanked Mr. Isaacs for the presentation.
No Council action was taken.
The slides
. weather; will redice the total subsidy need of the MTC in the metro area; is labor
I
LRT relies on
PLAN CONCEPT APPROVED FOR 1MPROVEMENT.TO RAMP FROM T.H. 100 TO EASTBOUND CROSSTOWN HWY.
Mr. Hoffman recalled that about two years ago the Councilshad asked the Hennepin County
Board of Commissioners to make some safety improvements to the Crosstown Highway on the
section from the east boundary of the City to Tracy Avenue which has experienced the
highest accident rate in the City. The County has proposed five improvements to the
highway, one of which is to redesign the ramp from northbound T.H. 100 to eastbound
Crosstown to bring it more gradually into the flow of traffic and to provide an
acceleration lane.
showed that the ramp would use a portion of the frontage road area which is under the
jurisdiction of the City. Hennepin County is requesting that the City allow usage of
the frontage road area for construction of the safety improvement.
realignment would bring the ramp closer to the adjacent homes with the new fence
Mr. Hoffman
reported that City and County.staff members had met with area residents on March 29
to hear their concerns, their major concerns being noise levels and proximity of the
ramp to their homes. Staff conclusion and recommendation is as follows: 1) For the
proposed improvment, separate the issues of safety.and noise, 2) As to safety,
approve the proposed plan with the understanding that the County will incur all
cost except landscaping and privacy fences, 3) The Council should consider to what
extent additional privacy fences and/or landscaping would be done to improve screen-
ing at least along the Murphy and Stang residences, and 4) If Council wishes,
conduct additional fact finding from all residents along the Crosstown Highway 62.
and Highway 100 as to attitudes on sound walls and interest in financing same.
Ted Hoffman, Chief Design Engineer with Hennepin County, stated that it is the
policy of Hennepin County to not retro-fit any County highways with sound barriers.
He pointed out that if a noise wall were to be constructed at the location it would
have to be-approximately 1,100 feet in length to isolate the three homes at an
estimated cost of $100 per lineal foot.
Mr. Hoffman showed-a-graphic of the proposed improvement which
As a result, the I . moved inward approximately 10 feet between the ramp and the new fence.
The proposed ramp redesign is a "tag along"
4/15/85
125
project for some resurfacing and curve correction to the Crosstown Highway.
regard to the safety/noise issues, Mr. Ted Hoffman said that the redesign should
eliminate the accidents caused by people over-reacting when entering the east-
bound Crosstown Highway traffic because of no taper area in which to accelerate,
and the noise source is the Crosstown Highway itself. Appearing and speaking in
support of the neighborhood petition requesting erection of a sound ,barrier wall
to protect and buffer the neighborhood were Philip Dugan, 6324 Parnell Avenue;
Donald Stang, 6320 West Shore Drive; Fred Johnson, 4717 W. 64th Street; and
James Ewald, 6321 Parnell Avenue. Mr. Ted Hoffman clarified that if the Council
did not approval the plan for the ramp the County would‘not redesign it and
would only work on the other other proposed improvements on the Crosstown itself.
Member Turner stated that she felt the neighbors’ concerns about safety and noise
were separate issues. With regard to the safety issue, she asked that the County
look at constructing a guard rail at that area. Member Turner stated the noise
issue involves a policy decision for the Council and would require time to explore
it. Member Bredesen said he agreed with Member Turner and that information should
be provided that would indicate to the Council and the neighbors whether or not
a guard rail would reduce the possibility of vehicle accidents. He added that the
noise abatement issue could involve enormous costs and that discussion should be
pursued at.the State and Federal level as to possible solutions. Member Bredesen
then moved concept approval of the proposed plan for the eastbound ramp f-rom
T.H. 100 to Crosstown 62, with the contingency that the County provide addition&.
safety information and options to theXity Engineer to be reported back to the
Council, together with possible options for resolving the noise issue. Motion
was seconded by Member Turner.
With
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
HOMART DEVELOPMENT OF FRANCE AVENUE DRIVE-IN THEATRE DISCUSSED.
Larsen recalled that the Homart development of the France Avenue Drive-in Theatre.
in Bloomington had been discussed at the last Council meeting as to its impact on
Edina from a traffic and aesthetic standpoint. Since then, staff has investigated
ways in which the City may influence the magnitude of the proposed development.
The Environmental Impact Statement (EIS) process has commenced and on April 2 staff
members attended the scoping meeting to request that certain items be studied
thoroughly.
included in the EIS analysis for traffic on France Avenue and 1-494; primarily
the 85-90 acres of undeveloped land owned by Hedberg & Sons Company.
noted that the Metropolitan Council has asked that the available sewer capacity
be studied.
shed District, the only permits the development requires are from the Pollution
Control Agency (PCA).
caused by the increased traffic. The City’s request to consider the development
of Edina’s vacant land in the analysis could have a significant effect; however,
the PCA is required only to”consider the subject development.
Bloomington with data indicating expected development intensities of vacant land
in the area. With regard to the requirements and process for a review of metro-
politan significance by the Metropolitan Council, a resolution by the City Council
would be necessary to initiate the process.
the development to be of metropolitan significance, it could delay construction
of the project for up to one year and could identify modifications which, if
complied with, would cause the construction suspension to be lifted. Mr. Larsen
pointed out that if the City’s concerns are not addressed or answered by the EIS,
we can object on the basis that the EIS is inadequate. However, this decision
is made by the Bloomington City Council. If Bloomington finds that the EIS is
adequate and they are able to secure PCA permits, they would not be further
obligated to consider the City’s objections. Mr. Rosland commented that he had
met with the Bloomington City Manager to discuss the proposed development and
they had concluded that the Edina Council members should lobby the Bloomington
Council to encourage them to reduce the magnitude of this development. Mayor
Courtney stated he would contact the Bloomington Council members he knew to try
get them to consider reducing the project. Member Turner suggested we also
proceed with initiating.the metropolitan significance review of the project.
Attorney Erickson stated that the timing of the review may be important in order
to extend any possible delay onxconstruction of the project. Key elements in
such review would be the proposed project’s effect on existing or planned land
use or development and the transportation issue. Member Bredesen asked if the
developers are seeking any special tax financing for the project, such as a tax
increment district or revenue bonds. Mr. Larsen indicated he had not heard of
any such proposal.
follow through on the EIS process and that the Council Members would try to
contact members of the Bloomington Council regarding the City’s objection to
the size of the proposed development.
Planner Craig
It was requested that the impact caused by vacant land in Edina be
Mr. Larsen
Except for a required grading permit from the Nine Mile Creek Water-
The major concern of the PCA is likely to be air pollution
Staff has provided
If the Metropolitan Council finds
It was informally agreed that the staff would continue to
4/15/85
-- 126
PLANS APPROVED FOR EDINAMITE '85 TO BE HELD AT WOODDALE SCHOOL. Nr. Rosland said
that he had received a letter from The Edina Foundation Board of Directors asking
that the Council approve their plans for Edinamite '85, the annual benefit for the
Foundation, to be held on July 13, 1985, at Wooddale School and that they be
authorized to remove and sell items such as bricks, hardware, etc. from the building
as mementos. The proceeds from the benefit would go to The Edina Foundation, with
a part of the monies allocated to the Edina Historical Society for their projects.
Mr. Rosland pointed out that the date would allow for the building to be vacated
by the August 1, 1985, date set by the Council. Staff members would supervise and
direct the removal of the various items. Member Turner's motion was seconded by
Member Bredesen to approve the Foundation's plans for Edinamite '85 to be held at
Wooddale School on July 13, 1985, and to authorize the removal and sale of any items
from the building as mementos, under the supervision of staff. I Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
INDIAN HILLS 2ND ADDITION PUBLIC IMPROVEMENTS AUTHORIZED ON 100% PETITION. Mr. Hoff-
man reported that petitions for improvements for Sanitary Sewer, Storm Sewer, Water-
main and Graveling in the plat of Indian Hills 2nd Addition had been received, signed
by the developer. .
against the property of such swners.
cost for Sanitary Sewer Improvement No. P-SS-370 at $76,803.01, proposed to be
assessed against 22 connections at a cost of $3,491.05 each; Storm Sewer Improvement
No. P-ST.S-176 at $53,262.76, proposed to be assessed against 15 lots at a cost of
$3,550.85 each; Watermain Improvement No. P-WM-355 at $48,024.58, proposed to be
assessed against 22 connections at $2,182.94 each and Graveling Improvement No. P-C-143
at $16,245.35, proposed to be assessed against 9 lots at $1.805.04 each.
mended by Mr. Hoffman, Member Bredesen introduced the following resolution and moved
its adoption:
Said petition also requested that the entire cost be assessed
Mr. Hoffman presented estimated construction
As recom-
RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT NO. SS-370,
STORM SEWER IMPROVE&BNT NO. , ST. S . -176 , WATERMAIN IMPROVEMENT NO. WM-355
BE IT RESOLVED by the City Council of the City of Edina, Ninnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct Sanitary Sewer, Storm Sewer, Watermain and Graveling Improve-
ments in Indian Hills 2nd Addition and that the developer now owns all property
which will abut and be assessed for the improvements and that said petition has been
signed by all owners of all abutting property which is owned by the developer.
2. The making of said improvements in accordance with said petition is hereby
'ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961,
Chapter 525, Section 2).
to in all subsequent proceedings as:
AND GRAVELING IMPROVEMENT NO. C-143
.
I
Said improvements are hereby designed and shall be referred
SANITARY SEWER IMPROVEMENT NO. SS-370
. STORM SENER IMPROVEMENT NO. ST.S-176
WATERMAIN IMPROVEMENT NO. WM-355
GRAVELING IMPROVEMENT NO. C-143
The entire cost of said improvements is hereby ordered to be assessed against the
properties abutting on said Indian Hills 2nd Addition where said improvements are
to be located.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
SIDEWALK IMPROVEMENT NO. P-S-33 AUTHORIZED ON 100% PETITION (WEST 49% STREET).
Mr. Hoffman advised that a lOOX petition has been received for a sidewalk improve-
ment on West 49% Street adjacent to the Peterson Building, which is located east of
the municipal parking ramp.
small shops and the petition for the sidewalk improvement includes removal of the
loading area formerly used by Peterson Appliance Center, who has now moved out of
the building. Mr. Hoffman presented estimated construction cost for Sidewalk
Improvement No. P-S-33 at $6,340.58, proposed to be assessed against the owner at
$5,630.58, with an estimated $710.00 to charged to the 50th and France Maintenance
Assessment.
and moved its adoption:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct a Sidewalk Improvement on West 49% Street, and to assess
the entire cost against the property of the petitioners, and that said petition has
been signed by all owners of real property abutting on said street where said
improvement is to be located.
2. The making of said improvement in accordance with said petition is hereby
. ordered pursuant to Minnesota Statutes, 'Section 429.031 (3), (Session Laws of 1961,
The building has.been.remodeled,to.accomodate-several I
As recommended, Member Bredesen introduced the following resolution
RESOLUTION ORDERING SIDEWALK IMPROVEMENT NO. S-33
4/15/85 '
121
rl 0 a3 0 m a
Chapter 52 , Section 2 . Said improvement is hereby designated and shall be
referred to ia all subsequent proceedings as
The entire cost of said improvement is hereby ordered to be directed against
the properties abutting on said West 49% Street where said improvement is to be
located, with an estimated $710.00 to be charged to the 50th and France Mainte-
nance Assessment.
Motion for adoption of the resolution was seconded by Member Turner.
SIDEWALK IMPROVEMENT NO. S-33
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted. t
MINNEGASCO LEAKAGE CHECKSISTREET REPAIR DISCUSSED.
cerned with the numerous holes being dug in the City's streets by Minnegasco to
check for possible gas leaks.
on a project to check for gas leaks in the entire metropolitan area and that
approximately 1,200 house connections will be checked in Edina.
coupling used for service.to each home in the period of 1962-67 is now deteriorating
and must be replaced when leaks are detected.
being dug in the street and it is the responsibility of Minnegasco to replace the
street surface upon completion of the coupling replacement.
out that Minnegasco has to apply for permits to do this work fat which-the City
charges a fee.
to insure that Minnegasco fills the holes they have dug in streets correctly.
action was taken.
Member Kelly said she was con-
Mr.. Hoffman explained that Minnegasco is embarking-
Apparently the
This results in a 3 x 4 foot hole
Mr. Hoffman pointed
An inspector will be'hired for the summer to check each location
No
MEMBER KELLY REPORTS ON POLICE RIDE-ALONG EXPERIENCE. Member Kelly reported that
she was very impressed and proud of the expertise shown by the Police Department
during her recent night patrol trip with the department, and that it had given
her much insight as to the various things they must deal with.
EXPO 85 SCHEDULED FOR APRIL 20-21. Member Turner reminded the Council Members of *
Expo 85 scheduIed for April 20-21, 1985, and thanked them as well as members of the
staff who have commited their time to this community event.
MLC APPROVAL OF LOCAL GOVERNMENT AID FORMULA NOTED. Mr. Rosland advised that the
Municipal Legislative Commission is working on a new Local Government Aid Formula,
which is one of six to be presented to the Minnesota Legislature, and that the
Commission will be voting on the proposed formula on Wednesday, April 17.
the formula Edina is the only city in the MLC that does not get an increase.
Edina is grandfathered in on Local Government Aid on what we have received in
previous years. Mr. Rosland stated that he felt we could support the proposed
formula for these reasons: 1) they are not putting as much money into the total
pot by raising taxes, and 2) the formula is based on amounts.levied and not on
what cities have expended as in the past. He added that he had advised the MLC's
Operating Committee that the proposed LGA formula would have Edina's support if
it could be tied into the total tax program, one of which is the new formula for
homestead credits based on 1% of market value up to $70,000, or up to a $700.00
exemption which would be a benefit to Edina's property owners. Member Richards
would be voting to support the proposed LGA formula unless the Council Qbjected.
No action was taken.
Under
7TH ANNUAL ALL VOLUNTEERS AWARDS RECOGNITION SET FOR MAY 7, 1985.--Mr. Rosland
advised that the 7th Annual All Volunteers Awards Recognition is scheduled for
Tuesday, May 7, at Interlachen Country Club from 5 to 7 p.m. He urged the
Council Members to attend if their schedules permitted.
CITY HALL SPACE STUDY COMMITTEE DISCUSSED. Mr. Rosland advised that Bob Sherman
is unable to chair the City Hall Space Study Committee, but that he will serve on
the committee.
that the committee can then be activated.
Member Richards will continue to work on the chairman position so
AGREEMENT ON ACQUISITION OF HEDBERG RIGHT OF WAY FOR EDINBOROUGH PROJECT APPROVED.
Planner Gordon Hughes advised that he had reached a tentative agreement with
Hedberg and Sons .Company for acquisition of right of way for Parklawn Avenue pro-
posed to be constructed for the Edinborough project.
right of way is located on property owned by Hedberg and Sons Company and would
need to be acquired prior'to proceeding with the project. Mr. Hughes explained
that the amount of right of way to be acquired is 58,900 square feet, and at .
$4.00 per square foot would be valued at $235,600.
square foot was used because that was the price for a recent sale from Hedberg
to Hennepin County for part of the France Avenue project.
tion of.the street, if normal practices were applied for assessment, Hedberg and
Sons Company would be assessed $153,2.70 for the actual construction of the street.
The westerly half of the
He noted that $4.00 per
As part of the construc- , .
41 15 185
128
The proposed settlement with Hedberg is as follows: 1) Hedberg conveys right of
way at no cost to City, 2) City agrees not to assess Hedberg for improvemelit, and
3) City agrees to give Hedberg excess gravel from right of way.
City would acquire the right of way below market value or what we could expect to
receive from condemnation and would recommend approval of the agreement.
Turner offered the following resolution and moved adoption:
BE IT RESOLVED by the Edina City Council that the Mayor and Manager be and they
are hereby authorized to execute an agreement for acquisition of Hedberg right of
way for construction of proposed Parklawn Avenue for the Edinborough project, as
outlined by staff.
Motion for adoption of the resolution was seconded by Member Bredesen.
Staff believes the
Member
RESOLUTION
I Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
AGREEMENT WITH MNDOT FOR HANSEN ROAD RAILROAD CROSSING AUTHORIZED.
advised that the Minnesota Department of Transportation (MNDOT) has sent the cost
participation agreement for installation of a new grade crossing signals and sur-
fact for Hansen Road.
that the crossing was eligible for construction under the Federal Safety Program.
The estimated total cost is $155,630.00 with a $15,563.00 local..share.
percent of the funds would be federal and the remaining ten percent would be local
and would be eligible for reimbursement thru State Aid Funds.
fore recommend approval of the agreement.
resolution and moved adoption:
BE IT RESOLVED, that the Crity of Edina enter into an Agreement with the Minneapolis,
Northfield and Southern Railway, Inc. and the Commissioner of Transportation for the
installation and maintenance of railroad crossing signals and the crossing surface
at the intersection of Hansen Road with the tracks of Minneapolis, Northfield and
Southern Railway, Inc. in Edina, Minnesota, and appointing the the Commissioner of
Transportation agent for the City to supervise said project and administer available
Federal Funds in accordance with Minnesota Statute, Section 161.36 (1984). The
City's share of the cost shall be ten percent of the,total cost.
BE IT FURTHER RESOLVED, that the Mayor and Manager be and they are hereby authorized
to execute said agreement for and on behalf of the City.
Motion for adoption of the resolution was seconded by Member Turner.
Engineer Hoffman
During the Hansen Road project of 1985, MNDOT determined
Ninety
Staff would there-
Member Bredesen introduced the following
RE SOLUTION
I
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
RELEASE OF CITY PROPERTY - LOT 8, BLOCK 3, CROCKER & CROWELLS FIRST ADDITION CONTINUED
TO MAY 6, 1985. Mr. Hoffman recalled that at the last meeting the Council had con-
sidered a request from Jon Otrerlei asking that a release be initiated to approve the
return of Lot 8, Block 3, Crocker and Crowell's First Addition to the State so that
the land could be placed of sale.
City of Morningside originally for storage of storm water running off streets in the
area and is no longer required for that purpose.
has been sent to the surrounding neighbors to alert-them that the State will probably
put the property up for sale to a private party if the Council releases the lot.
Mr. Hoffman said that after further research it appears:that there is one other option
available to releasing the lot if it is no longer used for drainage purposes. That
would be for the..City to adopt a.resolution to retain the lot for open space purposes.
He noted that residents of the area were present who wished to have the City retain
the lot for open space. Gordon Otterlei, 4328 Mackey Avenue, indicated that he was
interested in the release of the lot so that he could acquire it to build a home for
himself on.-the property and that the request for release of the lot had been made on
his behalf by his father, Jon Otterlei. Attorney Erickson explained that the statute
says if the City does not use tax forfeited land for.the original: purpose for which
zhe City requested it be conveyed, that the'City then'shall give it,back to the State
to be put back on the tax rolls. The statute also states that the City can apply for
a change of usage which the State may or may not approve. Speaking in support that
the lot be retained for open space were Annette Scherer, 4234 Lynn Avenue, who also
read a letter in support of open space from James Harris, 4233 Lynn Avenue; Virginia
McWethy, 4231 Oakdale Avenue; Don Giese, 4232 Oakdale Avenue; Linda Maetzold, 4220
Oakdale Avenue and Sandra Mitchell, 4235 Lynn Avenue.
the City has a strategy for open space which does not necessarily include every
vacant lot, even though neighbors may wish that it remain undeveloped.
discussion, Member Bredesen moved that this matter be held over to the May 6, 1985,
Council meeting, so that the neighbors will have an opportunity to think.about it
and to discuss it, and so that the Council can then decide if it fits the City's
open space planning.
The property was acquired from the State by the
As directed by the Council, a letter
Member Bredesen commented that
After further
Motion was seconded by Member Kelly.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
41151 85
129
BIDS TO BE TAKEN FOR PUBLIC IMPROVEMENTS. As recommended by Mr. Hoffman, Member
Turner introduced the following resolution and moved adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS
BITUMINOUS STREET SURFACING AND CONCRETE CURB AND GUTTER
IMPROVEMENT NOS. BA-263, P-14, P-15, AND 85-3
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA:
1. The plans and specifications for the proposed improvements set forth in the
4 0
--
following Advertisement for Bids f om, heretofore prepared
and now on file in the office of the City Clerk are hereby
2. The Clerk shall cause to be published in the Edina Sun
the following notice of bids for improvements:
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
by the City Engineer
approved.
and Construction Bulletin
BITUMINOUS STREET SURFACING AND CONCRETE CURB AND GUTTER
IMPROVEMENT NOS. BA-263, P-14, P-15, AND 85-3
CONTRACT 1185-3 (ENG)
BIDS CLOSE MAY 2, 1985
00 0. SEALED BIDS will be received and opened in the Council Chambers in Edina City
Hall, 4801 W. 50th Street at.11:00 A.M., Thursday, May 2, 1985.
City Council will meet at 7:00.P.M., Monday May 6, 1985 to consider said
bids.
The Edina
The following are approximate major quantities:
rn
2065 L/F, Concrete Curb and Gutter
1052 Tons, Bituminous Paving
6075 C/Y , Excavation
1380 S/Y, Sod
1200. S/F Sidewalk
3196 Tons, C1. 2 Gravel
54 Trees, F & I
5
Bids shall be in a sealed. envelope with a statement thereon-showing themork
covered by the bid.
Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or
submitted personally to the City Engineer.
either through the mail or by personal submission, after the time set for
receiving them may be returned unopened.
Bids shall be addressed to the City Engineer, City of
Bids received by the City Engineer,
work must be done as described in plans and specifications on file in the
office of the City Clerk. ,Plans and specifications are available for a
deposit of $25.00 (by check). Said deposit to be returned upon return of
, the plans and specifications with a bona fide bid.
' ed unless sealed and accompanied by bid bond or certified check payable to the
City Clerk in the amount of at least ten (10) percent of amount of base bid.
The City Council reserves the right to reject any or all bids. All plans
mailed, enclose separate check for $5.00 payable to the City of Edina for
postage and handling.
No bids will be consider-
~
BY ORDER OF THE EDINA CITY. COUNCIL.
Marcella M. Daehn - . City Clerk . Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
FIRST READING GRANTED FOR ORDINANCE NOS. 1120%3 AND 1121 (CABLE TV) ; PE€U?ORMANCE
AGREEMENT CONCEPT APPROVED. Mr. Rosland advised that Ordinance No.,ll20-A3.and_
No. 1121 have been drafted for adoption by the five cities of the Southwest Sub-
urban Cable Commission, after approximately a year of negotiations with the Rogers
Cablesystems-Southwest regarding-their request for financial relief.
has recommended to each of its five member cities that the Grantee of their res-
pective cable communications franchise be granted certain financial relief upon
certain conditions.
Franchise ordinance , 2) a temporary "Relief Ordinance" and a "Performance Agreement".
Also, the Commission and Grantee are to sign two additional agreements ~:(b) Local
Programming Facilities and (b) Local Programming Personnel, further implementing .
the ordinances and agreement.
document as follows: Ordinance Amendment - 1) changes name of Grantee, 2) allows
The Commission
I
Those conditions are set out in 1) an amendment to the existing
Mr. Rosland pointed out the major points in each
4/15/85
extension of Franchise term for 4 years if satisfactory new financing is obtained
by December 31, 1987, 3) allows the City to waive service to extended areas, 4)
allows Grantee to comply with liability insurance requirements by use of blanket
policies with annual aggregate limitations, and 5) changes the formula for the
purchase price of the System. Relief Ordinance - 1) temporary ordinance, expiring
not later than March 1, 1992, 2) modifies only specific provisions of the Franchise
and only so long as the Relief Ordinance is in effect, 3) only 60% of the franchise
fee payable in 1984 will be paid and then only in installments, 4) annual franchise
fees payable in 1985 and for the term of the Relief Ordinance also are reduced to
60% of the prior fee, and paid in installments, 5) during the term of the Relief Ordi-
nance the Performance Bond in the amount of $300,000 will be dispensed with, and 6)
during the term of the Relief Ordinance, Grantee need expend only 1% of its gross
revenues for public, governmental and educational access. Mr. Rosland pointed out
that the key elements for financial relief to the Grantee is 1) reduction of the
franchise fee from 5% to 3% of gross revenues, and 2) that the Grantee need expend
only 1% of its gross revenues for public, governmental and educational access in full
satisfaction of its local programming obligations under the Franchise. The City has
currently approximately $70,000/80,000 from franchise fees for cable related activi-
ties. The documents provide for a 7% year relief program; should the Grantee reach
certain levels of income then the franchise fee goes back to 5%. After 7% years it
automatically goes back to 5% unless another relief package is negotiated.
noted that the major problem for Rogers,Cablesystems is their present bank loan.
The negotiating committee has met with the bank representatives regarding renegotia-
ing the loan and it is hoped that the loan can be renegotiated. Mr. Rosland stated
that the documents have been examined by the cities' attorneys and that approval is
recommended.
were present as well as Ralph Campbell, Commission Administrator, to answer any
questions.
the Relief Ordinance that during its term the Performance Bond will be dispensed
with until the City requires that it be provided.
exact language of the agreements has not yet been agreed upon by the Grantee'and'the
cities. However;,.to expedite the process of adopting the ordinances and authorizing
execution and delivery of the agreements, the following procedure is'recommended:
I) have First Reading of the two ordinances, and concept. approval of the agreements,
and 2) at the Second Reading of the ordinances, the agreements will be available for
review and reaction by the City. If approved, the ordinances can be given final
reading, and execution and delivery of the agreements can be authorized. Member
Turner asked what the impact would be as a result of the reduced franchise fees to
Edina. Mr . Rosland responded that we would receive approximately $25,000/30,000
for the CityIs cable activities, such as the Edina Police Report program.
comment being heard, Member Turner offered Ordinance No. 1120-A3 for First Reading
as follows:
I
It was
.
He pointed out that representatives of Rogers Cablesystems-Southwest
City Attorney Erickson pointed out the importance of the condition under .
Mr. Erickson explained that the
I
No other
ORDINANCE NO. 1120-A3
AN ORDINANCE AIIEJDING ORDINANCE NO. 1120 TO
CHANGE T&, NAME OF GRANTEE: TO EXTEND THE FRANCHISE
TERM: TO CHANGE THE INSURANCE REQUIREMENTS: AND TO
CHANGE THE COMPUTATION OF THE PURCHASE PRICE TO BE
PAID BY CITY UPON EXPIRATION OF THE FRANCHISE
THE CITY OF EDINA, MINNESOTA DOES ORDAIN:
SECTION I.
J.
That Article I, Section 2, Paragraphs J and S of said Ordinance be
"Grantee" is Rogers Cablesystems of Minnesota Limited Partnership, a Minn-
amended to read as follows:
esota limited partnership with Rogers Cablesystems of Minnesota, Inc., a Minnesota
corporation, as the General Partner.
S. "SWSCC" shall mean the Southwest Suburban Cable Commission.
SECTION 2. That Article 11, Section 4 of said Ordinance be amended to read
as follows:
on December 31, 1995. Provided, however, that if by December 31, 1987, Grantee
(i) is able to close on, and have funded, without conditions, new long term financing,
reasonably satisfactory to City, to replace the obligation evidenced by loan docu-
ments dated April 1, 1982, from Grantee to Toronto Dominion Bank of Toronto, Canada,
in the original principal amount of Eighteen Million and No/100 Dollars .,-
($18,000,000 .OO) (the "Existing Indebtedness") , and (ii) gives written notice of
such new financing to City with written evidence thereof reasonably acceptable to
City, then, upon the occurrence of (i) and (ii) by December 31, 1987, the term of
this Franchise shall be extended by four (4) years, from December 31, 1995 to
December 31, 1999, subject, however, to approval of such extension by the Board, if
required, and the FCC, if required, and any other governmental body having juris-
diction over the matter, if required. If any such approvals are required, City and
Grantee agree to cooperate in obtaining such approvals.
required, and are not obtained, for any reason, then the four (4) year extension
shall not become effective.
shall sign and deliver an agreement evidencing such extension, but such extention
shall be effective even without such additional agreement.
This Franchise shall commence upon acceptance by Grantee and shall expire .
I
If any such approvals are
If such extension becomes effective, Grantee and City
4/15 185
, 131
SECTION 3.
F.
That Article V, Section 2 of said Ordinance be amended by addii:lr,
thereto a new Paragraph F as follows:
City may waive, at any time and from time to time, for good cause shown,
by Council resolution, compliance by Grantee with any or all of the requirements
imposed on Grantee by this Section 2 relative to providing service to any extended
area or areas.
SECTION 4. That Article VIII, Section 2, Paragraph A, subparagraph (4) of
said Ordinance be amended to read as follows:
(4) Any and all claims which Grantee may now or hereafter have or claim to
have against,City, its officers, boards, commissions, servants, agents,
employees or officials, due to or arising out of, damage to any of
Grantee's property or equipment, including, without limitation, resulting
resulting or consequential damages of any kind, caused by or resulting
from acts or omissions of City or any of its officers, boards, commissions,
servants, agents, employees or officials.
. . or.consequentia1 1oss.oE income,.injury to reputation, or any other
SECTION 5. That, Article VIII, Section 3, Paragraph A of said Ordinance be
A. Grantee shall maintain liability insurance covering its obligations of
amended to read as follows:
indemnification provided for in, or as a result of the exercise of, this Franchise
(except, however, for the indemnifications in subparagraph (3) of Article VIII,
Section 2, Paragraph A of this Franchise) covering both the City and Grantee and
shall maintain said insurance during the term of this Franchise in the minimum of:
1.
2.
3. $1,000,000.00 for personal injury to any one person; and
4.
The foregoing insurance may be provided by means of a blanket liability insur-
$500,000.00 for property damage to any one person;
$2,000,000.00 for property damage in any one act or occurence;
$2,000,000.00 for personal injury in any one act or occurence.
ancy policy or policies with an annual aggregate limitation of not less than
$26,000,000.00.
amended to read as follows:
the following endorsements and provisions:
SECTION 6. That Article VIII, Section 3, Paragraph E of said Ordinance be
E. All insurance policies maintained pursuant to this Franchise shall contain
(i)
(ii)
(iii)
It is hereby understood and agreed that this insurance policy may not
be cancelled nor the intention not to renew be stated until 60 days
after receipt to City, by registered mail, of written notice of such
intention to cancel or not to renew.
A waiver of subrogation, in form and substance acceptable to City, as
to any and all claims against the City which are waived hereunder by
Grantee or as to which Grantee has agreed hereunder to indemnify and
hold harmless the City and its officers, boards, commissioners, servants,
officials, agents and employees.
A provision that if the aggregate insurance coverage of the blanket
policies provided by Grantee is ever reduced below $10,000,000.00,
then notice of such fact shall promptly be given to City by Grantee or .
Grantee's insurance agent and additional liability coverage shall
immediately be purchased by Grantee so as to restore the annual aggregate
to the minimum amount then required under this Franchise.
SECTION 7. That Article XI, Section 2, Paragraph C of said Ordinance be
C.
amended to read as follows:
The purchase price of the System to be paid by City upon revocation or
termination of the Franchise shall be the cost less depreciation (as shown on the
books and records of Grantee) or the fair market value, whichever is less, and
goodwill shall not be included in the purchase price of the System.
this Franchise expires (and is not revoked or terminated) and if Grantee had
complied with the requirements of Article 11, Section 4 of this Franchise, and all
required approvals are obtained, so that the Franchise term is extended for an '
additional four (4) years pursuant to said Section 4, then the purchase price of
the System to be paid by City upon expiration of this Franchise shall be the fair
market value of the System determined on the basis of the System valued as a going
concern but with no value given or allocated to this Franchise itself. If the
City and Grantee cannot agree on the purchase price, it shall be determined by
arbitration pursuant to the provisons of this Section 2.
This Ordinance will be effective in accordance with the provisions
of Article XIV of said Ordinance, including delivery to the City of the acceptance,
opinion of legal counsel,.guarantees and other documents as required by said
Article XIV.
shall be in full force and effect upon adoption and publication.
Motion for First Reading of Ordinance No. 1120-A3 was seconded by Member Bredesen.
However, if
..
SECTION 8.
SECTION 9. Subject to the provisions of Section 8 hereof, this Ordinance .
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
4/15 / 85
Member Turner introduced Ordinance No. 1121 for First Reading as follows:
ORDINANCE NO. 1121
AN ORDINANCE RELATING TO CABLE TELEVISION SERVICE,
PROVIDING FOR MODIFICATION OF THE REQUIREMENTS OF
THE CITY'S CABLE COMMUNICATIONS ORDINANCE
THE CITY OF EDINA, MINNESOTA DOES ORDAIN:
SECTION 1. SHORT TITLE.
This ordinance shall be known as the "CATV Relief Ordinance."
SECTION 2. BACKGROUND AND PURPOSE.
The City has granted a cable television franchise through the adoption of city I ordinance code sections No. 1120 , the Cable Communications Ordinance (hereinafter
called the ("Franchise").
Richfield (the "Other Cities") have adopted similar ordinances, all with the same
franchise Grantee. Through the Southwest Suburban Cable Commission ("SWSCC"), a
joint powers organization, the City and the Other Cities have undertaken to super-
vise Grantee's compliance with these ordinances.
The cities of Eden Prairie, Hopkins, BEnnetonka and
Since the adoption of the Franchise Grantee has constructed and is operating a
cable communications system in City and the Other Cities.
the City indicating that it is experiencing serious financial difficulties and would
be unable to pay the franchise fee due and payable on November 1, 1984.
requested a temporary reduction of its Franchise obligations to allow for its finan-
cial recovery.
City authorized the SWSCC to review Grantee's request and make recommendations for
an appropriate response.
analyzing Grantee's financial condition, held several public meetings, and conducted
a thorough review of Grantee's request.
iencing serious financial difficulties caused by such adverse factors as higher
than anticipated construction and operating costs, lower than projected market
penetration, inability to obtain long-term'financing at projected rates and other
industry, economic and technological changes. SWSCC also concluded that Grantee
cannot secure needed refinancing of its.long-term debt, cannot continue to provide
. the present level-of service and cannot become an economically viable enterprise
unless the City grants a period of relief from some of the requirements of the
Franchise.
SWSCC recommends that the City grant temporary amendments to the Franchise, reducing
the franchise fee payable now and in the future, eliminating the required performance
bond, and modifying the provisions for local programming. In return, Grantee
would execute a Performance Agreement providing a means for monitoring Grantee's
financial condition, assuring an adequate level of local programming, and providing
for certain other matters related to Grantee's requested relief.
The City has reviewed SWSCC's recommendations and has considered the option of
requiring full payment of the past due franchise fee through use of Grantee's letter
of credic, performance bond, and parent company performance guarantees.
represents, however, that if the City and the Other Cities seek payment of past due
franchise fees through resort to such securities, this would only make it more
difficult for Grantee to solve its financial problems and would be counterproduct-
ive to any effort to provide relief to Grantee.
Grantee has approached
Grantee
.
SWSCC retained a financial consultant to assist in
SWSCC determined that Grantee is exper-
- I
Grantee
In adopting this ordinance the City relies upon the representations of Grantee and
seeks to provide a means by which the public can continue to receive approximately
the same level of service while affording Grantee a reasonable opportunity for
financial recovery.
time during the Franchise term, the full public benefits provided for in the Franchise.
?- SECTION 3. RELATIONSHIP TO CABLE COMMUNICATIONS ORDINANCE.
This ordinance does not permanently amend any provision of the Cable Communi-
cations Ordinance (the "Franchise") but provides that certain provisions of that -
ordinance are modified for a period of time as provided in this Relief Ordinance.
Except as expressly modified in this ordinance, the provisions of the Franchise
remain in full force and effect.
SECTION 4. DEFINITIONS.
Subdivision 1. The definitions in the Franchise also apply to this ordinance.
Subd. 2. In addition, the following words and phrases shall have the meanings
given them:
(1) "Existing indebtedness" means an $18,000,000 loan made to Grantee by
Toronto Dominion Bank of Toronto, Canada under loan documents dated April 1, 1982.
(2) "Franchise" means the Cable Communications Ordinance as now or hereafter
amended.
(3) "Local Programming Obligations" means, for the purpose of this ordinance;
Grantee's obligations under the Franchise and the offering for cablecast access,
community access and local origination programming.
City and SWSCC providing a means for monitoring Grantee's financial condition,
assuring an adequate level of local programming, and providing for certain other
The ultimate purpose of this ordinance is to secure, at a later
(4) "Performance Agreement" means a contractual agreement between Grantee,
41151 85
,
133
matters related to Grantee's requested relief.
SECTION 5. RELIEF GRANTED.
While this ordinance is in effect the obligations of Grantee are modified
Subdivision 1. Franchise Fees - Percentage.
to the extent provided in this section.
Commencing with Grantee's fiscal year 1985 the annual franchise fee is reduced
from 5% of Gross Revenues to 3%.
equal quarterly payments on or before the first day of each of the months of
November, February, May and August next following the end of Grantee's fiscal
year.
If this ordinance terminates during any of Grantee's fiscal years, the franchise
fee shall be restored to the rate of 5% of Gross Revenues at the end of the
calendar month in which termination occurs. The restored rate of 5% and the
reduced rate of 3% shall be applied respectively to the Gross Revenues collected
only in the months during which each rate was in effect. The fees accruing at
the restored rate shall be paid in accordqnce with the terms of the Franchise.
The fees accruing at the reduced rate shall be paid in equal quarterly install-
ments in accordance with the terms of this ordinance.
Subd. 2. Past Due Franchise Fees. The 1984 franchise fee in the amount
of $ payable on or before November 1, 1984 shall be deemed fully dis-
charged and paid if, but only if, Grantee pays the sum of (60%) to the
City, in four equal payments on or before June 1, June 15, August 15 and
October 15, 1985.
the required amount of the Letter of Credit below $50,000 if in its sole dis-
cretion it determines that a lesser amount is reasonable and adequate to protect
the public. It may thereafter, by resolution, require the amount of the Letter
of Credit to be increased or fully restored to the amount of $50,000.
shall comply with this requirement within sixty days after written notice has
been given by the City.
performance bond required by the Franchise. The City Council may thereafter
by resolution require that such bond, or similar bond in a lesser amount, be
provided by Grantee.
days after written notice has been given by the City.
Subd. 5. Local Programming Obligations. Grantee shall expend at least 1%
of its annual Gross Revenues each fiscal year in fulfilling its Local Program-
ming Obligations under the Franchise for public, governmental, and educational
access, but it shall not be obligated to expend more than that amount for such
access.
not directly related to the provision of local programming.
shall be in complete satisfaction of Grantee's total Local Programing Obliga-
tions during the period of this ordinance.
Such annual fees shall be paid to City in
Subd. 3. Letters of Credit. The City Council may by resolution reduce
Grantee
Subd. 4. Performance Bond.' The Grantee may dispense with the $300,000
Grantee shall comply with this requirement within sixty
That amount shall not include any costs of operation or administration
This expenditure
SECTION 6. AUTOMATIC TERMINATION OF RELIEF ORDINANCE PROVISIONS.
The provisions of this ordinance, and the relief herein granted, shall cease
to be effective, automatically, upon the occurrence of the earliest of any of
the following events:
Subdivision 1.
Indebtedness by December 31, 1987 in accordance with Article 11, Section 4 of
the Franchise.
Gross Revenues in the amount of one hundred million dollars as measured from
September 1, 1984. The determination of cumulative Gross Revenues shall be
based upon audited financial statements for periods for which they are available
and upon Grantee's operating reports for periods for which audited statements
are not then available. Grantee shall provide City with its financial state-
ments and financial operating reports promptly after they are prepared.
Failure of the Grantee to complete refinancing its Existing
Subd. 2. The end of the next month after Grantee has collected cumulative
Subd. 3. March 1, 1992.
Subd. 4. Payment, discharge, or satisfaction of the Existing Indebtedness,
Subd. 5. Payment, discharge, or satisfaction of the indebtedness arising
Subd. 6.
except through refinancing as provided in Article 11, Section 4 of the Franchise.
from the refinancing provided in Article 11, Section 4 of the Franchise.
amount of the Letter of Credit as provided in Article VIII, Section 4,
paragraph H of the Franchise.
Subd. 2 of this ordinance.
Letter of Credit or bond within sixty days of written notice by the City, as
provided in Section 5, Subdivisions 3 and 4 of this ordinance.
condition or provision of this Relief Ordinance is invalid or unenforceable,
as a result of any action taken by Grantee or anyone acting on Grantee's behalf
seeking such determination.
Failure of the Grantee to restore or replace the full required
Subd. 7. Failure of the Grantee to pay the fees as required in Section 5,
Subd. 8. Failure of the Grantee to restore, replace or increase either a
Subd. 9. A holding or determination by any court or agency that any term,
4/15 /85
Subd. 10. Sale or transfer of all or substantially all of the System to a
person or entity other than a parent, subsidiary, related corporation, affiliated
corporation, partner or joint venturer of Grantee or any parent of Grantee.
Subd, 11. Termination of the Franchise.
SECTION 7. OTHER TERMINATIONS.
This ordinance may also be terminated for cause, under the same procedures for
Subdivision 1.
termination as are contained in the Franchise, for the following reasons;
to the extent that Grantee's performance obligations are modified in this
ordinance.
Subd. 2. The purchase by Grantee, its general partner, or.any parent, subsid-
iary, affiliate or other related corporation of Grantee or its general partner, of
a cable communications system or any part thereof or interest therein, located
within the seven-county metropolitan area as defined in Minnesota Statutes,
Section 473.121, Subd. 2. For this purpose the definition of a cable communications
system shall be as that term is currently defined by the Board.
Such a purchase shall not be grounds for termination of this ordinance, however,.
if the-Grantee demonstrates to the reasonable satisfaction of the City that the
purchase (1) will not impair the operating cash flow or financial position of
Grantee and (2) will involve independent financing of the purchase without resort
to the assets of the System.
Performance Agreement.
All grounds for termination provided in the Franchise, except
Subd. 3.
SECTION 8.
No request by the Grantee for any further relief from the requirements of the
Failure of the Grantee to comply with'any of tlie provisions of the
BEQUESTS FOR FURTHER BELIEF.
Franchise, including a request for an extension of the term of this ordinance,
shall be considered by the.City unless that request is made in writing prior to
September 1, 1990. The City shall have no obligation whatsoever to consider or
grant any such request, and any response to such request shall be at the sole
discretion of the City.
ACCEPTANCE OF THIS RELIEF ORDINANCE; PROVIDING OF GUARANTEES. SECTION 9.
This ordinance shall be accepted by'Grantee in accordance with the provisons
of Article XIV of the Franchise. This ordinance shall not become effective until
Grantee has executed and delivered to the City the written Performance Agreement
and attached contractual documents.
Motion for First Reading of Ordinance No. 1121 was seconded by Member Bredesen.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
Member Turner then moved concept approval of the Performance Agreement to be signed
by the City and Grantee and the agreements for Local Programming Facilities and
Local Programming Personnel to be signed by the Commission and Grantee. Motion was
seconded by Member Kelly.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
ORDINANCE NO. 171-A20 (FEES FOR ON-SALE LIQUOR AND ON-SALE WINE LICENSE) ADOPTED
ON SECOND READING.
to Ordinance No. 171420 at the meeting of April I, 1985. The ordinance increases
the fee for On-sale Liquor License and establishes the fee for On-sale Wine
License in accordance with the wine license ordinance.
attention to minor changes regarding the fees as they relate to number of seats in
restaurants and pointed out that the fee of $50.00 per year for Manager's License
should be included in the ordinance. There being no further comment, Member Kelly
introduced the revised Ordinance No. 171-A20 for Second Reading and moved its
adoption as follows:
Mr. Rosland recalled that the Council had given First Reading
Attorney Erickson called
ORDINANCE NO. 171420
AN ORDINANCE AMENDING ORDINANCE NO. 171
TO INCREASE THE FEE FOR ON-SALE LIQUOR LICENSE
AND TO ESTABLISH FEE FOR ON-SALE WINE LICENSE I THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
to Ordinance No. 171 is hereby amended to read as follows:
ORD. SEC. - NO. - NO. PURPOSE OF FEE/CHARGE AMOUNT FEE NO.
902 10 Intoxicating liquor $1,400.00 per year 36b
Sec. 2. Schedule A to Ordinance No. 171 is hereby amended by adding the
Section 1. The amount of the following described Fee Number of Schedule A
on-sale license.
following thereto:
4/15/85 . .
135
I
ORD. SEC. - NO. - NO. PURPOSE OF FEE/CHARGE
902 38(b) On-sale wine license Per ye
ri 0 00
c')
5 a
r, restaurants with
FEE NO.
36g 50 seats or fewer $550.00
51 - 100 seats, inclusive 600 .OO
101 - 150 seats, inclusive 650.00
Over 150 seats 700.00
902 42 (e) Manager ' s license $50.00 per year 36h
Sec. 3.
and publication.
Motion for adoption of the ordinance was seconded by Member Turner.
This ordinance shall be in full force and effect upon its passage
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Ordinance adopted.
PRELININARY APPROVAL GRANTED FOR $12,000,000 HOSPITAL SYSTEM REVENUE BONDS. The
Mayor stated that'this was the time and place fixed by this Council for a public
hearing on the proposal that the City undertake and finance a project (the-Project)
on behalf of Fairview Community Hospitals, a Minnesota non-profit corporation
(Fairview) pursuant to Minnesota Statutes, The City Clerk presented
affidavits showing publication of the notice of public hearing at least once not
less than 15 nor more than 30 daysdprior to the date fixed for the public hearing,
in the Edina Sun-Current, the official newspaper of the City, and in the Minneapolis
Star and Tribune, a newspaper of general circulation throughout the City.
affidavits were examined, found to be satisfactory and ordered placed on file with
the City Clerk.
The Mayor then opened the meeting for the public hearing on the proposal to under-
take and finance the Project on behalf of Fairview.
was explained, the nature of the Project and of the proposed revenue bonds was
discussed, the draft copy of the Application to the Minnesota Department of Energy.
and Economic Development with draft copies of all attachments and exhibits were
available, and all persons present who desired to do so were afforded an opportunity
to express their view with respect to the proposal to undertake and finance the
Project, in response to which the following persons either appeared, were recognized
and made statements, or filed written comments with the City Clerk before the date
set for the hearing, summaries of which appear opposite their respective names:
Name of Speaker
Chapter 474.
The
The purpose of the hearing
.
Summary of Views
None N/A
After all persons who wished to do so had stated or filed their views on the
proposal, the Mayor declared the public hearing to be closed.
cussion, Member Bredesen moved for adoption of the following resolution:
I
After some dis-
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT AND
ITS FINANCING UNPER THl3 MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT (FAIRVIEW COMMUNITY HOSPITALS PROJECT); REFERRING THE
PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND
ECONOMIC DEVELOPMENT FOR APPROVAL;
AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the Municipality),
as follows:
SECTION 1
Recitals and Findings
1.1.
or all of the cost of a proposed project under Minnesota Statutes, Chapter 474
(the Act), consisting of the remodeling of certain areas of Fairview-Southdale
Hospital (the Hospital) located wzthin the Municipality at 6401 France Avenue
South and the acquisition and installation of items of equipment in the Hospital
by Fairview Community Hospitals, a Minnesota non-profit corporation (Fairview)
and the refinancing of outstanding indebtedness of Fairview incurred in the
acquisition or betterment of the Hospital (the Project).
1.2. At a public hearing, duly noticed and held on April 15, 1985, in accordance
with the Act on the proposal to undertake and finance the Project, all parties
who appeared at the hearing were given an opportunity to express their views with
respect to the proposal to undertake and finance the Project and interested
persons were given the opportunity to submit written comments to the City Clerk
before the time of the'hearing.
(if any) and such other facts and circumstances as this Council deems relevant,
this Council hereby finds, determines and declares as follows:
The welfare of the State of Minnesota requires active promotion, attract-
ion, encouragement and development of economically sound industry and commerce
through governmental acts to prevent, so far as possible, emergence of blighted
lands and areas of chronic unemployment, and the State of Minnesota has encouraged a
local government units to act to prevent such economic deterioration.
This Council has received a proposal that the Municipality finance a portion
Based on the public hearing, such written comments
(a)
(b). Other factors necessitating such active promotion and development of
4/15 / 85
industry and commerce within the Municipality are the need to provide quality
Icgdical care to residents of the Municipality and surrounding areas and the need
for more intensive development and use of land within the Municipality.
in Section 474.01 of the Act.
conventional, commercial financing to pay the cost of the Project is available
only on a limited basis and at such high costs of borrowing that the economic
feasibility of undertaking the Project would be significantly reduced and would
result in higher patient and third party payor charges, but that with the aid of
municipal borrowing, and its resulting lower borrowing cost, will materially
increase the economic feasibility of the Project, will reduce patient charges and
third party payor costs, and will constitute a significant inducement to Fairview
to undertake the Project.
the basis of their discussions with potential buyers of tax-exempt bonds, revenue
bonds of the Municipality (which may be in the form of a commercial development
revenue note or notes) could be issued and sold upon favorable rates and terms to
finance the Pro j ect .
finance capital projects consisting of properties used and useful in connection
with a revenue producing enterprise, whether or not operated for profit, engaged in
providing health care services, including without limitation, hospitals, nursing
homes and related medical facilities, such as Fairview, and the issuance of the bonds
by the Municipality would be a substantial inducement to Fairview to undertake the
Pro j ect .
(c)
(d)
The Project would further the general purposes contemplated and described
This Council has been advised by representatives of Fairview, that
(e) This Council has also been advised by representatives of Fairview that on
-
(f) The Municipality is authorized by the Act to issue its revenue bonds to
SECTION 2
Determination to Proceed with
the Project and its Financing
2.1. On the basis of the information given the Nunicipality to date, it appears
that it would be desirable for the Municipality to issue its revenue bonds under
the provisions of the Act to finance the Project in the maximum aggregate face
amount of $12,OOO;OOO.
2.2.
this Council hereby declares its present intent to have the Municipality issue its
revenue bonds under the Act to finance the Project. Notwithstanding the foregoing,
however, the adoption of this resolution shall not be deemed to establish a legal
obligation on the part of the Municipality or its City Council to issue or to cause
the issuance of such revenue bonds, and issuance of such revenue bonds shall be sub-
ject to final approval by the City Council of the Municipality. All details of such
revenue bond issue and the provisions for payment thereof shall be subject to final
appro~al of the Project by the Minnesota Department of Energy and Economic Develop-
ment, shall be subject to such further conditions as the Municipality may specify
and shall be subject to final approval of the issuance of such revenue bonds by the
City Council of the MunicipaliTy. The revenue bonds, if issued, shall not constitute
a charge, lien or encumbrance, legal or equitable, upon any property of the Munici-
pality, except the revenues specifically pledged to the payment thereof, and each
bond, when, as and if issued, shall recite in substance that the bond, including
interest thereon, is payable solely from the revenues and property specifically
pledged to the payment thereof, and shall not constitute a debt of the Municipality
within the meaning of any constitutional, statutory or charter limitation.
2.3.
ment, with attachments, is hereby approved, and the Mayor and City Manager are
authorized to execute said documents on behalf of the Municipality.
2.4. In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor and
City Manager are hereby authorized and directed to cause the Application to be sub-
mitted 'to the Minnesota Department of Energy and Economic Development for approval
of the Project. The Mayor, City Manager, City Attorney and other officers, employees
and agents of the Municipality are hereby authorized and directed to provide the
Department with any preliminary information needed for this purpose.
Attorney is authorized to initiate and assist in the preparation of such documents
as may be appropriate to the Project, if approved by the Department and if issuance
of such revenue bonds is given final approval by this City Council.
SECTION 3
It is hereby determined to proceed with the Project and its financing and
'
The Application to the Minnesota Department of Energy and Economic Develop-
.
I The City
General
3.1. If the bonds are issued and sold, the Municipality will enter into a lease,
sale or loan agreement or similar agreement satisfying the requirements of the Act
(the Revenue Agreement) with Fairview.
loan payments or other amounts payable by Fairview to the Municipality under the .
Revenue Agreement shall be sufficient to pay the principal of, and interest and
redemption premium, if any, on, the bonds as and when the same shall become due and
payable.
3.2.
indirect costs incurred by the Municipality in connection with the Project, whether
or not the'project is carried to completion, and whether or not approved by the
The lease rentals, installment sale payments,
Fairview has agreed and it is hereby determined that any and all direct and
. 1:
4/15/85
ri 0
Minnesota Department of Energy and Economic Development, and whether or not
the Municipality by resolution authorizes the issuance of the bonds, will be
paid by Fairview upon request.
3.3. The Mayor and City Manager are directed, if the bonds are issued and
sold, thereafter to comply with the provisions of Section 474.01, Subdivisions 8
and 11 of the Act.
Adopted this 15th day of April, 1985.
5 e'( 7 &/uw/. g/Li
Attest :
73-L -3. !LLL
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Kelly and, upon vote being taken thereon, the following voted in favor
thereof: Bredesen, Kelly, Turner, Courtney
. and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted and was signed by
the Mayor, which signature was attested by the City Clerk.
CLAIMS PAID.
of the following claims as per Pre-List dated 4/15/85:
Art Center $1,603.03, Swimming Pool Fund $9,900.00, Golf Course Fund $8,481.31,
Recreation Center Fund $3,235.68, Gun Range Fund $656.59, Water Fund $4,558.06,
Utility Fund $12,407.65, Liquor Dispensary Fund $69,120.41, Construction Fund
$720.00, Total $209,362.21; and for confirmation of the following claims
dated 3/31/85 :
Golf Course Fund $2,373.96, Recreation Center Fund $5,773.99, Gun Range Fund
$4.50, Utility Fund $7,536.57, Liquor Dispensary Fund $247,684.90, Total
$417,774.76.
Motion of Member Turner was seconded by Member Kelly for payment
General Fund $98,679.48,
General. Fund $149,179.89 , Park Fund $4 , 854.85 , Art Center $366 -10 ,
Ayes: Bredesen, Kelly, Turner,' Courtney
Motion carried.
There being no further business on the agenda, Mayor Courtney declared the meeting
adjourned at 10 : 23 p .m.
Gity Clerk