Loading...
HomeMy WebLinkAbout19860721_joint_regular180 MINUTES OF THE JOINT HRA/CITY COUNCIL MEETING AND OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 21, 1986 Answering rollcall were Members Bredesen, Kelly, Turner and Mayor Courtney. CARLJEAN JOHNSON RECOGNIZED. Mr. Rosland introduced Carljean Johnson and said that he has been with the Police Department as a dispatcher since August, 1962 and that he will be retiring on August 31st. He commended Mr. Johnson for his faithful and dedicated service to the City, wished him well in his retirement extended their thanks for his many years of service to the City. MINUTES of the Regular and Special Bieetings of July 7, 1986 and Special Meeting of July 14, 1986 were approved as submitted by motion of Member Bredesen, seconded by Member Turner. Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. 'and presented him with a silver pen bearing the City logo. Members of the Council . .. ' JOINT HRA/COUNCIL EIEETING CONVENED. Edina Housing and Redevelopment Authority and the Council be convened to consider 3. concurrently the Grandview Redevelopment Project and the Final Development Plan for Jerry's Shopping Center and that action be taken by the HRA and Council individually as required. Mayor Courtney thereupon convened the joint meeting of the HRA AND the Council. GRANDVIEW REDEVELOPMENT PROJECT AND FINAL DEVELOPMENT PLAN FOR JERRY'S SHOPPING CENTER APPROVED. ordered placed on file. 1986, the HRA reviewed concept plans concerning the Grandview redevelopment area. Three projects were discussed in those meetings: 1) a public parking ramp/Public Works facility east of Jerry's Shopping Center, 2) an upgrading of Link Road and 3) a redevelopment of the Lewis Engineering/Kunz Oil properties. At that time the HRA gave conceptual approval to the parking ramp/Public Works facility and the upgrading of Link Road with the understanding that staff would return with more detailed information prior to final approval. ing staff, consultants for the City and representat5ves of Jerry's Enterprises have worked together to formulate plans for Jerry's expansion as well as for the public parking ramp/Public Works facility. proposed approximate 40,000 square foot addition has been reviewed by the Develop- ment and Planning Commission and was approved at their last meeting. Craig Larsen advised that the proponent has submitted plans for a 3,650 square foot addition to the hardware store and a 37,475 square foot addition to the main complex. or to the approximate location of the existing retaining wall. expansion would be five stories with the remaining being additions to the existing second story office space. sicond floor as a combination of office and retail, with exclusive office use on the top three floors. Mr. Larson pointed out that the proposed additions require 206 additional parking spaces. level public parking ramp. The ramp would use air rights and be located above a Public Works storage facility. Interlachen signalized intersection around the rear of the Edina Liquor Store and the upper level would be accessed from the existing main entrance to the shopping center. in the ramp replacing 36 surface spaces lost due to construction and redesign of existing parking and would provide a 30 space cushion to relieve existing shortages; A more recent count from the consultant has increased the count to 280 ramp park- ing spaces. limitations of the site and Hennepin County's willingness to allow landscaping on right of way areas. Jerry's and tenants of the office space. Grocery, restaurant and general retail . parking would continue to use the surface parking. of the main complex would be regraded, surfaced and reoriented 90 degrees from the present alignment. would be lowered approximately eight feet. A retaining wall would be installed adjacent to the Vernon Avenue right of way. The subject property is part of the Grandview Area Tax Increment District. A public parking ramp designed to serve the commercial uses in the area was anticipated by the Grandview Plan. As proposed the two level ramp would occupy the air rights above the existing Public Works storage buildings which would be removed and the ground level would become the new storage facility. Mr. Larsen concluded that the proposed plan will significantly improve the way the Center functions. of parking should be adequate and circulation within the lots will be greatly improved. is possible without the additional parking provided in the ramp. Mr. Hughes proposed that a joint meeting of Affidavits of Notice were presented by the Clerk, approved and Mr. Hughes recalled that on February 3 and 24 and March 17, Since the March 17, 1986 meet- I That plan with regard to Jerry's Planner The addition would extend the existing building 6Q feet to the north, A portion of the The first floor is proposed as retail space, the The parking would be provided in a new, two The lower level would be accessed from the Vernon/ The ramp would provide 272 parking spaces, with the 66 surplus spaces Additional landscaping would be provided where possible within the I The parking ramp would primarily serve employees of The parking area in front Tfie northerly end of the lot near the main entrance The total quantity . The construction of the ramp is the key to this proposal. No expansion Member Kelly 7/21/86 181 'I P 01 UI) I: m a I I asked what the ordinance requirements were and said that she was concerned that employees will use the surface parking spaces.and that the parking problems that now exist will not be solved. Mr. Larsen explained that the ordinance requires 5 spaces per 1,000 square feet for shopping centers and that in excess of 600 spaces will be provided by surface and ramp parking. operate the ramp similarly to the ramp at 50th/France whereby parking stickers would be available for employees working in the area. Kelly's questions about the parking, Arthur Dickey, architect for the project, clarified that there are now 403 existing spaces in the shopping center complex; that 280 will be added for a total of 683; that 36 surface spaces will be lost; and that after construction there will be 647 parking spaces for the entire skte. He said that congestion will be eliminated because the surface parking area will be regraded on a level plain and the main entrance will be re-done. Member Turner asked if the ramp would be expandable and if there would be a way to control the mix of traffic at the signalized intersection of Vernon/Interlachen which she felt would be important. been considered at this point. Hoffman said that the approach to the signal from the subject property would have to be reconfigured in total with the addition of islands to make it work better. Mr. Hughes then presented the following details and estimated cost for the parking ramp/Public Works facility: Number of Parking Spaces-280, Floor Area of Public Works Building-27,600 square feet. Preliminary.Cost Estimate: Demolition $50,000, Ramp $1,336,900, Garage $430,200, DesigdInspection $130,000, Contingency $137,000 for a total cost estimate of $2,084,100. heated facility equipped with restrooms. approximately $100,000 if heat and restrooms were eliminated. out that Mr. Dickey had estimated that it would cost approximately $175,000 more to construct a free standing building with the same floor area without taking advantage of the structural elements of the ramp. has been talking with Robert-Shaddock, representing Jerry's Enterprises, concerning a redevelopment contract with the HRA. be an acceptance by Jerry's Enterprises of a special assessment equal to 20% of construction costs of the parking ramp. Based upon the estimates this assessment would range from approximately $265,000 to $300,000 depending upon the allocation of costs. costs of the Public Works garage together with the capital improvement funds budgeted to construct the garage. Other elements of the contract would include an obligation for Jerry's Enterprises to undertake and complete the proposed private improvements to the shopping center and to accept an annual assessment for ramp maintenance similar to that used at 50th and France. increment financing standpoint, Mr. Hughes stated that an analysis shows that the tax increment district would be able to amoritize bonds issued for con- struction of the Public Works facility. were a 2% growth in general in the assessed valuation of the district, plus the valuation of Jerry's addition that is being considered, plus the construct- ion of the Woodhaven project on Summit Avenue. increments which may be forthcoming from the Biltmore redevelopment have been ignored. As to funding of the Public Works garage, Mr. Hughes summarized that $300,000 would come from the City's capital improvement plan (5.e. $75,000 per year). and 1988. the necessary funds for construction of the garage. to proceed with this project, the following actions will be required: 1) Council should grant final development plan approval for Jerry's proposed improvements; 2) A redevelopment contract embodying the terms of the proposed project must be authorized by the HRA; 3) Staff should be authorized to prepare final plans and solicit bids for the ramp/Public Works garage, and 4) A bond sale must be authorized to finance the parking ramp. As to the bond sale, Mr. Hughes noted that the sale of additional bonds for Edinborough as well as temporary improvement bonds are proposed later on this agenda. wishes to proceed with this project, it would be prudent to authorize Grandview bonds at the same time. Grandview which should cover the parking ramp as well as Link Road improvements in connection with the anticipated Biltmore project. tax increment would come from Jerry's addition and what the logic was for including the Woodhaven project in the tax increment assumptions. Mr. Hughes said that the addition would have an assessed value of approximately $800,000 which would equate to taxes of about $80,000 annually, assuming a mill rate of 10%. For purposes of the analysis it was assumed that the entire tax increment district would be pledged to any debt that would be incurred by the district. Member Turner asked if there would be tax increment funds to do the Link Road project if this project is approved. Mr. Hughes replied that staff has always viewed the Link Road project as tied to the Biltmore redevelopment, both from a planning and tax increment standpoint. If the Link Road improvement can be constructed with minimal expenses for land The intent would be to In response to Member Mr. Larsen responded that possible ramp expansion has not With regard to traffic control, Engineer Fran Number of tiers-two tiers above Public Works facility, "he estimated cost for the Public Works garage is based upon a This estimate would be reduced by Mr. Hughes pointed Mr. Hughes commented that staff The major element of this contract would Staff would propose that this special assessment be used to defray From a tax The assumptions used for the analysis At this point in time, any Staff would propose to revise the C.I.P. to fund the garage in 1987 These funds, plus the proposed assessment to Jerry's would provide If the HRA/Council wishes If the HRA/Council Staff would recommend that $2,000,000 be provided for Member Bredesen asked what 7/21/86 acquisition there would probably be enough tax increment generated to do that project. If large land acquisition is necessary, the Link Road project would have to rely on the Biltmore redevelopment. Mayor Courtney called for comment from the public. Road commented that she'was concerned that the proposed addition to Jerry's would increase the pafking congestion. she would like to see the shopping center remain the way it is at present. further comment being heard, Member Bredesen introduced the following resolution and moved its adoption: After further discussion by the Council, A resident at 6620 Gleason . A resident at 6616 Gleason commented that No RESOLUTION APPROVING FINAL DEVELOPMENT PLAN FOR JERRY'S SHOPPING CENTER I BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Jerry's Shopping Center, 5001-5125 Vernon Avenue, presented at the regular meeting of the City Council of July 21, 1986, be and is hereby approved. Motion for adoption of the resolution was seconded by Member Turner who commented that her support of the project was based on: 1) That it would address the traffic and parking concerns in the area which were identified when the Tax Increment District was established in 1984, 2) That this was an opportunity for a public- private partnership in construction of the ramp, and 3) That because this is the commercial area for the northwestern portion of the City it is important that continued investment occurs to insure quality for the area. Rollcall : Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. Commissioner Bredesen introduced the 'following resolution and moved its adoption: BE IT RESOLVED by the Edina Housing and Redevelopment Authority (HRA) that it hereby authorizes and directs the drafting of a Redevelopment Contract between the HRA and Jerry's Enterprises for construction of the addition to Jerry's Shopping Center, embodying the terms of the proposed project as presented. Motion for adoption of the resolution was seconded by Commissioner Turner. RESOLUTION AUTHORIZING REDEVELOPMENT CONTRACT Rollcall : Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. I Commissioner Bredesen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECT AND DIRECTING . ADVERTISEMENT FOR BIDS BE IT RESOLVED BY THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY: 1. The preliminary plans for a public parking ramp and public works garage heretofore presented are hereby approved and preparation of final plans are .authorized. 2. The Clerk shall cause to be published in the.Edina Sun and Construction Bulletin a notice of bids for construction of the public parking ramp and public works garage. Motion for adoption of the resolution was seconded by Commissioner Turner. Rollcall : Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. Member Bredesen introduced the following resolution and moved its adoptZion: RESOLUTION AUTHORIZING BOND SALE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby approves and authorizes the sale of $2;000,000 General Obligation Tax .' Increment Bonds to finance the Grandview Redevelopment Project heretofore presented and approved. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. Commissioner/Member Bredesen then moved adjournment of the joint HRA/Council meeting. unanimously. Motion was seconded by Commissioner/Member Turner and carried ZONING CHANGE R-1 TO PRD-2 (ROBERT HANSEN) CONTINUED INDEFINITELY. Planner Craig Larsen recommended that the public hearing for Zoning Change from R-1 to PRD-2 for property generally located north of Crosstown Highway and east and north of Vernon Court be continued indefinitely because the proponent intends to take his request back to the Community Development and Planning Commission. Motion of Member Bredesen was seconded by Member Turner to 7/21/86 m a 183 continue indefinitely the public hearing for the Zoning Change from R-1 to PRD-2 requested by Robert Hansen, proponent. Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. ANNE THERKELSEN'S COMMENTS HEARD REGARDING EMERGENCY MEDICAL SERVICES. Anne Therkel- sen stated that she resides at 13% Fifth Street N.E. and told the Council of. her experiences with police and fire personnel on various occasions concerning her epileptic seizures while in the City of Edina. various dates and referred to alleged injuries she has sustained. She stated that she felt there were significiant problems in how the paramedic service is operated. She said that she has carried letters since 1972 that say what to do when she had a seizure but that those instructions are ignored. Ms. Therkelsen stated that she has been requested to write a letter to Edina that she does not want paramedic service when she has a seizure but that she did not want to do that in case something was severely wrong with her, such as an accident, because that would put her in jeopardy. She stated that on June 20, 1986 she filed a complaint against paramedic 1/43 which has been given to the City prosecutor. she has received a letter that she must appear in court on August 4, 1986 to answer charges against her. Ms. Therkelsen said that, basically, she was asking that 1) a memorandum dated December 10, 1975 written by the Fire Chief regarding her be recalled, 2) that she be penpitted to train fire and police personnel in Edina on how to handle a person who,has.had a seizure, and 3) that a "leash" be put on paramedic 1/43. Therkelsen and has seen her have hundreds of seizures and that they are geniune. He stated that when these occur it was not appropriate to call an ambulance or to take her to the hospital; that she needs to rest in a stress free environment for about 10 minutes to recover. He said he would like to see a change in the way she is handled. Mayor Courtney asked the City Attorney to respond to Ms. Therkel- sen's requests. Mr. Erickson opined that he would have great concern if the City did not respond with emergency medical service when Ms. Therkelsen has a seizure and that it appears that police and fire personnel are taking action based on their standard procedure. With regard to the memorandum dated December 10, 1975 he said he has not seen it and does not know if it may need to be updated and that he saw problems in responding to all three of her requests. Mr. Rosland advised that he has asked Dr. Crimmons, medical director for the paramedics, to look into the City's procedures with regard to treating individuals who are experiencing seizures. Member Bredesen said he supported getting Dr. Crimmons' assessment as to procedures and that after the Council has the report they could consider . whether any changes should be made or not. She related what happened on Subsequently, Steve Clausen said he was a friend of Ann No formal action was taken. BID AWARDED FOR REMOVAL OF DISEASED ELM TREES. attempt to remove diseased elms from the boulevard in various locations within the City as quickly as possible .additional bids have been solicitated. Eager Beaver/Timberland at $8.38 per diameter inch, Arps at $8.88 per diameter inch, Gorecki & Company at $8.90 per diameter inch and S. & S. Tree Specialist at $9.89 per diameter inch. Motion of Member Bredesen was seconded by Member Turner for award of bid to recommended low bidder, Eager Beaver/Timberland at $8.38 per diameter inch. Mr. Rosland explained that in an Bids were Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. BID AWARDED FOR IBM AT COMPUTER FOR FIRE DEPARTMENT. lation of bids for a IBM AT Computer for the Fire Department showing ON-Line Computers Plus at $6,160.00, Ameridata at $6,515.70 and LOGIS at $7,690.00. Motion of Member Turner was seconded by Member Kelly for award of bid to recom- mended low bidder, ON-LINE Computers Plus, at $6,160.00. Mr. Rosland presented tabu- Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF JULY 10, 1986 APPROVED. Hoffman commented on the request for installation of STOP signs on Gleason Road in the 6600 block. a sidewalk improvment project on the west side of Gleason Road and that in doing a field check staff would recommend it be from Valley View Road to Cherokee Trail .. and that the hearing be held on August 18. With regard to the request to discuss speed problems on West 44th Street, the Committee recommends installation of a STOP sign based on a warrant of "special circumstances". of an increase of pedestrian activity centered around the bridge over Minnehaha Creek, thus special circumstances exist. Member Turner recalled that Member Richards had been concerned about children playing on the bridge and asked if the Committee had discussed how to control that activity. Committee is still looking at the possibility of installing a hand rail on=the north side but has not taken action because they do not know if it will be effective. Engineer Fran The Committee recommends that a public hearing be held for The Committee is aware Mr. Hoffman said the Speaking in support of installation of a STOP sign to control 7/21/86 184 W. 44th Street traffic at Vernon Avenue were Margaret Francis, 4609 Cascade Lane and Keith Keller, 4604 Cascade Lane. Speaking in support of the sidewalk project on Gleason Road were John Castinno, 6624 Gleason Road; John Sampson, 6612 Gleason Road; Peter Corchran, 6632 Gleason Road; and Carol Grossman, 6616 Gleason Road. Tim Dolan, 5308 W. Highwood Drive, spoke in support of the Committee's recom- mendation for STOP signs to control traffic at Pine Grove Road at N. Highwood Drive. No further comment being heard, Member Bredesen made a motion to approve the following recommended action as listed in Section A of the Traffic Safety Committee Minutes of July 10, 1986: The installstion of "STOP" signs controlling TJ. 44th Street traffic as it intersects with Vernon Avenue, and that the Engineering Department be directed to continue study of the area and provide signing and engineering applications that promote safety, That a public hearing be held for a sidewalk improvement project on the west side of Gleason Road from Valley View Road to Cherokee Trail, that the Public Works Department be directed to install a short improved walkway north of the intersection, and that the Engineering Department be directed to erect signs or devices drawing attention to safety at the intersection, The installation of !!STOP" signs to control.eastbound and westbound Pine Grove Road at West Highwood Drive , That a minimal number of-"NO PARKING ANYTIME" signs be erected to prohibit parking on the west side of Ridge Road in the 5000 and 5100 blocks. The installation of a "STOP" sign at the intersection of the club house drive at Braemar Boulevard, controlling the club house drive, and to acknowledge Section C of the Minutes. Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. ON-SALE BEER LICENSE APPROVED FOR BILTMORE BOWL AND COFFEE SHOP. Mr. Rosland advised that an application for an On-sale Beer License for the Biltmore Bowl and Coffee Shop, 5113 W. 50th Street, has been approved by the Police and Health Departments and is recommended for Council approval. ownership, residential property owners within 500 feet of the location have been notified by mail and to date no objection has been received. Motion of Member Turner was seconded by Member Kelly approving the On-sale Beer License for the Biltmore Bowl and Coffee Shop. Because it is under new Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. .- RESOLUTION ADOPTED SETTING HEARING DATE FOR VARIOUS PUBLIC IMPROVEMENTS (P-BA-267 . AND P-A-176). following resolution and moved its adoption: As recommended.by Mr. Hoffman, Member Bredesen introduced the RESOLUTION PROVIDING FOR PUBLIC HEARING ON. PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER P-BA-267 BITUMINOUS SURFACING P-A-176 1. the feasibility of the proposed public improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improve- ments, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: NOTICE OF PUBLIC HEARING IMPROVEMENT NO. P-BA-267 BITLlMINOUS SURFACING IMPROVEMENT NO. P-A-176 The Edina City Council will meet at the Edina City Hall on Monday, August 4, 1986, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. approximate cost of said improvements are estimated by the City as set forth below: PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER ESTWTED COST IMPROVEMENT NO. P-BA-267 $136,404.42 Timber Trail: From McCauley Trail to cul-de-sac McCauley Trail: From Gleason Road to 2000' West BITUMINOUS SURFACING IMPROVEMENT NO. P-A-176 $ 12,609.34 West 59th Street: From Wooddale to Oaklawn The City Engineer, having submitted to the Council a preliminary report as to This Council shall meet on Monday, August 4, 1986, at 7:OO p.m. in the Edina The City Clerk is hereby authorized and directed to cause notice of the time, I PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER The The area proposed to be assessed for the cost of proposed Improvement P-BA-267 includes Lots 1, 22 and 23, Block 1, Timbers Addition; Lots 1 thru 16, Block 1, Indian Hills 2nd Addition; (aka Lots 1 thru 16, Block 1, Indian Hills 3rd Addition). 7/21/86 I: m a .. 185 The area proposed to be assessed for the cost of proposed improvement P-A-176 includes Lots .12 and 13, Block 4, Lots 12 and 13, Block 3, Lots 1 and 24, Block 13, Lots 1 and 24, Block 14, Fairfax Addition; Hennepin County, Minnesota. Marcella M. Daehn, City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Resolution adopted. REPORT GIVEN ON WEST 77 STREET/NATIONAL CAR RENTAL. Mr. Hoffman recalled that at its meeting of June 2, 1986, the Council had discussed the development of the roadway between Bloomington's Homart project and National Car Rental. had directed staff to ask National Car Rental if they would be willing to pay for a portion of the east-west link road to Parklawn Avenue which they strongly desire be constructed at the same time in order to prevent the use of National's parking lot as a public thoroughfare, thus creating a severe traffic hazard to their employees. respect to the construction of 77th Street, exclusive of signals, such amount not to exceed $200,000. special assessment to be levied by the City of Edina and paid for over a period of several years. With regard to the link road construction, National's position is that it would be a benefit to properties west of them and they would expect that cost to be assessed to those benefiting and not to National. If the Council desires for staff to continue working with Bloomington on the project, the next . step would be to develop a joint powers agreement between the cities incorporating the National Car Rental agreement. Mr. Hoffman said that Don Amundson of National Car Rental was present to comment or answer questions. National's greatest concern is for the safety of their employees from traffic cutting through their parking lot and that the link road construction would alleviate that. He reiterated National's position that the link road would benefit properties to the west and would only be of secondary benefit to them. As to action at this point, Mr. Hoffman said the next step would be to authorize staff to develop a joint powers agreement with Bloomington for construction of West 77th Street and to consider the construction of the link road within the next year or two. Member Turner then made a motion directing staff to proceed to develop a joint powers agreement with the City of Bloomington for the con- struction of West 77th Street and that the Council consider in the normal course of City plans the building of the link over the next couple of years. Motion was seconded by Member Bredesen, who commented that this action should not be read as an acknowledgement that National Car Rental will not benefit from the link road, and if an assessment process is used it may or may not include National. Council National has agreed to pay 23% of all costs incurred with These costs would probably occur in the form of a Mr. Amundson said that Rollcall: Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. MINNEJ3AHA CREEK WATERSHED FLOOD PLAIN REPORT GIVEN. Mr. Hoffman reported that the water level has gone down in Lake Minnetonka and that today the dam was closed on Gray's Bay after three months so that now flood waters should return within the creek banks. The decision to close the dam was made according to the Storm Water Management Plan developed several years ago. He also said that the Minnehaha Creek Watershed Board had turned down the request to study and advise regarding the Cascade Lane flooding problems in Edina. The Board felt that it was not unique enough to justify expenditures by them. Minnehaha Creek flood plain in the City, Mr. Hoffman said that staff has received calls since Spring from property owners abutting the creek, from Xerxes Avenue on the east following Minnehaha Creek to the north border of the City, regarding the flooding of the lower areas of the flood plain. The calls have:been about water in yards, trees standing in water, trees falling into the creek, erosion of the bank, etc. Mr. Hoffman recalled that the current policy set by the Council is that the homeowner is responsible for any work regarding flood water in yards. He pointed out that in the 70's there essentially were no flooding problems, but that in the last three years flooding has occurred quite frequently due to an increase in rainfall. flooding has occurred along .the creek and also around ponds. With regard to the recent flooding on Circle West, he stated that was caused by the breaking of the dike in Meadowbrook Golf Course which is owned by the City of Minneapolis. Minneapolis is in the process of selecting a hydraulic engineer to get an opinion on the structure of the dike and its long term serviceability. Mr. Hoffman said that the DNR is also aware of the dike problem. City policy has been not to sandbag or pump water out of yards unless the dwelling will be damaged. flooded. the special assessment process be used to take care of the flooding problems on Cascade Lane. Circle West, whether the dike was structurally sound, and if Minneapolis was With regard to the entire He presented graphic showing various locations at which He reiterated that the present The City has pumped water out of basements when they have been If the Council does not wish to change the policy, he suggested that Member Kelly expressed her concern again about the flooding on 7/21/86 186 following through on the problem. continue to monitor the progress of Minneapolis on this and would report back. Margaret Francis, 4609 Cascade Lane, said that on May 11 of this year she had 3 inches of water in her basement; that on June 22 she had 8 inches of water and that their family room, study, bedroom, bathroom and utility room is essenti- ally ruined and they are living on one floor. have had water on their property for several months which has caused the creek bank to sink so that any rainfall runs into her home making it unsaleable. It has also meant the loss of several feet of property to the creek each year. asked for the City's help in solving their flooding problem. discussion, Nember Turner made a motion as follows:' 1) 2) 3) Mr. Rosland assured her that staff would Over the last three years they She After considerable - That a public hearing be scheduled for improvements to the two Cascade Lane properties that would solve their flooding problems; That a report be made at each Council meeting until the Council is satisfied with Minneapolis' progress in hiring a consultant regarding the dike; and That this matter be brought back on the Council agenda to philosophically discuss the current policy of protecting against structural damage vs. property damage. Motion was seconded by Member Bredesen. Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. PORTION OF LOTS 2 THRU 6, BLOCK 1, GOLF TERRACE HEIGHTS FIRST ADDITION DONATED TO SCHOOL DISTRICT 273. requested a permit for an informational sign which is to be installed on the northeast comer of Southview Lane and Normandale East Frontage Road. During the course of review on location of the sign request, it was determined that all non-parking lot land on the north lot of the Edina Community Center was owned by the City which acquired ownership thru a turnback of excess right of way from the Minnesota Department of Transportation (MNDOT). €or construction of Highway 100. parking lot varies in width from 30 to 40 feet from the frontage road curb to the west edge of the parking lot. to Edina School District 273, subject to a fifteen foot easement being retained by the City. This action would result in the Center's installation of the sign on their land and be in compliance with City ordinances. the following resolution and moved its adoption: BE IT RESOLVED, that the City of Edina convey, by quit claim deed, without cash consideration, to Independent School District No. 273, all of its interest in and to that part of Lots 2 through 6, inclusive, Block 1, Golf Terrace Heights First-Addition, reserving, however, to the City and its successors and assigns, a permanent easement for public road and utility purposes, over, under and across the lest 15 feet-behind the curb of said lots. Motion for adoption of the resolution was seconded by Member Kelly. Mr. Rosland advised that the Edina Community Center has BNDOT had purchased the land The land adjacent to the west side of the north Staff would recommend that this land be donated Member Turner introduced RESOLUTION Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Resolution adopted. PUBLIC HEARING DATE SET FOR NUMEROUS SPECIAL ASSESSMENTS. Member Bredesen introduced the following resolution and moved its adoption: As recommended by staff, RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR. . GRADING IMPROVEFENT NOS. C-143, C-144 STREET IMPROVEFENT NOS. BA-262, BA-263 WATERMAIN IMPROVEMENT NOS. WM-353, WM-354, WM-355, WM-356, WM-358, WM-360 SANITARY SEVER IMPROVEMENT NOS. SS-369, SS-370, SS,371, SS-373, 6s-375 STORM SEWER IMPROVEMENT NOS. ST.S-173, ST.S-175, ST;S-176, ST.S-177, ST.S-179 AND ST.S-180 I MAINTENANCE IMPROVEBENT NO. M-86 STREET LIGHTING IMPROVEMENT NOS. L-27, L-28 SIDElJALK IMPROVEWNT NOS. S-33, S-34, S-35 TRAFFIC CONTROL SIGNAL IMPROVEMENT If85-10 TREE TRIMMING IMPROVEMENT NO. TT-03 BE IT RESOLVED by the City Council of the City of Edina, Ninnesota, as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pendipg hearings thereon as herein provided. 2. Hearing forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the offical news- paper in accordance with law is hereby approved; notices being substantially as follows : - This Council shall meet at the time and place specified in the Notice of 7/21/86 187 (Official Publication) CITY OF EDINA PROPOSED SPECIAL ASSESSMENT FOR: HENNEPIN COUNTY, MINNESOTA MAINTENANCE IMPROVEMENT NO. M-86 AQUATIC WEEDS IMPROVEMENT NO. AQ-86 TREE REMOVAL IMPROVEMENT NO. TR-86 TREE TRIMMING IMPROVEMENT NO. TT-86 SIDEWALK IMPROVEMENT NOS. S-33, S-34 BLACKTOP, CURB & GUTTER IMPROVEMENT NO. BA-162 STREET TMFROVEMENT NOS. C-142, C-143, C-144 STORM SEWER IMPROVEMENT NOS. ST-175, ST-176, ST-177, ST-179, ST-180 WATERMAIN IMPROVEMENT NOS. WM-353, WM-354, WM-355, WM-356, WM-358, WM-360 SANITARY SEWER IMPROVEMENT NOS. SS-369, SS-370, SS-371, SS-373, SS-375 NOTICE IS HEREBY GIVEN that the Edina City Council will meet at the City Hall at 4801 West 50th Street, Edina, Minnesota on September 15, 1986, at 7:OO P.M. to hear, consider and pass upon all objections, both oral and written, to proposed special assessments for the following improvements: 1. STREET GRADING IMPROVEMENT NO. C-143 2. STORM SEWER IMPROVEMENT NO. ST-179 3. SANITARY SEWER IMPROVEMENT NO. SS-373 4. WATERMAIN IMPROVEMENT NO. WM-358 Antrim Terrace in Edina Oaks Addition The area proposed to be assessed for said improvements is as follows: Lots 2 through 5, Block 1, EDINA OAKS ADDITION. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $ 7,085.75 Grading No. C-143 4,882.50 Storm Sewer No. ST-179 9,644.92 Sanitary Sewer No. SS-373 10,305.12 Watermain No. Wkl-358 5. STORM SEWER IMPROVEMENT NO. ST-176 6. SANITARY SEWER IMPROVEMENT NO. SS-370 7. WATERMAIN IMPROVEMENT NO. WM-355 McCauley Trail from Timber Ridge to Timber Trail; Timber Trail from McCauley McCauley Trail from Timber Ridge to Timber Trail; Timber Trail from McCauley The proposed to be assessed for said improvements is as follows: Lots 1 Trail to Arrowhead Lake (Storm Sewer Area) Trail to cul-de-sac (Watermain and Sanitary Sewer Area) through 15, block 1, INDIAN HILLS 2ND ADDITION. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $65,441.25 Storm Sewer No. ST-176 70,784.12 Sanitary Sewer No. SS-370 42,073.46 Watermain No. WM-355 .. 8. STORM SEWER IMPROVEMENT NO. ST-175 9. SANITARY SEWER IMPROVEMENT NO. SS-369 10. WATERMAIN IMPROVEMENT NO. WM-354 Blocks 6 and 7, Findell Clark Addition The area proposed to be assessed for said improvements is as follows: Lots 1 through 5, Block 6; Lots 1 through 6, Block 7, FINDELL CLARK ADDITION. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $ 6,202.46 Storm Sewer No. ST-175 15,191.88 Sanitary Sewer No. SS-369 13,694.23 Watermain No. WM-354 . 11. STREET GRADING IMPROVEMENT NO. C-144 12. STORM SEWER IMPROVEMENT NO. ST-180 13. SANITARY SEWER IMPROVEMENT NO. SS-375 14. *WATERMAIN IMPROVEMENT NO. WM-360 Dearborn Court in Dearborn and Blake Woods Addition The area proposed to be assessed for said improvements is as follows: Lots 1 through 4, Block 1, BLAKE WOODS ADDITION: Lots 3 through 8, DEARBORN ADDITION. '?Lot 4, Block 1, BLAKF, WOODS ADDITION to be excluded from WM-360 due to previous assessment. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $12,771.70 Grading No. C-144 15,869.30 Storm Sewer No. ST-180 18,933.20 Sanitary Sewer No. SS-375 12,707.73 Watermain No. WM-360 15. TREE TRIMMING IMPROVEMENT NO. TT-86 Bounded by Crosstown Highway on the South, the northern City Edina boundary line on the North, Highway 100 on the East and the western City of Edina boundary line (County Road 18) on the West. lying within the district as described above. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: The area proposed to be assessed for said improvements is as follows: Propertieq $52,335.00 7/21/86 188 . -. 16. TREE REMOVAL IMPROVEMENT NO. TR-86 The area proposed to be assessed for said improvement is as follows: Lot 22, Block 1, CHAPEL HILL ADDITION; South 16.83 feet of Lot 3 and North 1/2 of Lot 4, Block 1, CODES HIGHVIEW PARK ADDITION; Lot 1, Block 3; Lot 2, Block 9, COUNTRY CLUB DISTRICT, BROWN SECTION; Lot 8, Block 1, EDINA VALLEY ESTATES ADDITION; Lots 11 and 12, Block 9; Lot 19, Block 23, FAIRFAX ADDITION; Lot 10, Block 10, GOLF TERRACE HEIGHTS ADDITION; Lot 5, Block 2, HARRIET MANOR 2ND ADDITION; North 103.33 feet of West 1/2, Block 21, MENDELSSOHN ADDITION; East 135 feet of South 30 feet of Lot 3 and East 135 feet of North 62 feet of Lot 4, MORNINGSIDE ADDITION; Lot 1, Block 2 PEACEDALE ACRES HOPPE REPLAT ADDITION; Lots 3, 8 and 9, Block 4, SOUTH HARRIET PARK ADDITION; Lot 7 and that part of Lot 8 lying North of State Hwy #5, Block 4, TINGDALE BROTHERS BROOKSIDE ADDITION. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: -I $ 8,745.00 17. AQUATIC WEEDS IMPROVEMENT NO. AQ-86 Mill Pond and Indianhead Lake The area proposed to be assessed for said improvements is as follows: All lots riparian to Indianhead Lake and Mill Pond. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $19,484.00 50th Street and France Avenue Business District. The area proposed to be assessed for said improvements is as follows: All 18. MAINTENANCE IMPROVEMENT NO. M-86. parcels contained within the 50th Street and France Avenue Business District. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $44,944.17 19. WATERMAIN IMPROmlENT NO. WM-353 Westwood Court The area proposed to be assessed for said improvement is as follows: Lots 1 through 8, Block 1; Lots 1 through 4, Block 2, TJESTWOOD COURT ADDITION. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $59,240.40 20. SIDEWALK IMPROVEMENT NO. S-33 West 49 1/2 Street (Adjacent to Peterson Building, East of ramp) The area proposed to be assessed for said improvement is as follows: Lot 25 and North 147 feet of Lot 29 and East 1 foot of North 147 feet of Lot 30, AUDITOR'S SUBDIVISION NO. 172. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: 21. SIDEWALK IMPROVEMENT NO. S-34 $ 9,412.70 I* Country Club District, Brown and Fairway Sections The area proposed to be assessed for said improvement is as follows: All lots contained within the Brown and Fairway Sections of the Country Club District. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $183,779.38 22. STREET GRADING IMPROVEMENT NO. C-142 23. STORM SEWER IMPROVEMENT NO. ST-177 24. SANITARY SEWER DPROVEMENT NO. SS-371 25. WATERMAIN IMPROVEMENT NO. WM-356 Edinborough Addition The area proposed to be assessed for said improvements is as follows: Lots 1 through 11, EDINBOROUGH ADDITION. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: $ 91,324.26 Street Grading No. C-142 218,769.31 Storm Sewer No. ST-177 125 , 079.49 Watermain No. WM-356 19,777.74 Sanitary Sewer No. SS-371 26. BLACKTOP, CURB & GUTTER IMPROVEMENT NO. BA-262 West 44th Street from Brookside Terrace to Highway 100 The area proposed to be assessed for said improvements is as follows: That part of Lot 1 lying West of East 65 feet,thereof and the East 55 feet of Lot 2; that.part of Lot 2 lying West of East 55 feet thereof, all in Block 3; also that part of Lot 27, Brookside Terrace lying easterly of west Line of said Lob1 . extended southerly including accretions, also including adjacent vacated Motor . Street; also commencing at southwest corner of said Lot 2 thence South along the extention of West line thereof to North line of Lot 27, Brookside Terrace thence East along said North line 40 feet South to Zdinnehaha Creek thence East easterly along said creek to the intersection with the Southerly extention of East line of said Lot 2 thence North along said extended line to Southeast comer of said Lot 2 thence West to beginning including vacated street and accretions, all in Block 4, ARDEN PARK 3RD ADDITION. TOTAL AMOUNT OF PROPOSED ASSESSMENTS ARE: I $17,310.00 These proposed assessment rolls are now on file in the office of the City Clerk and are open to public inspection. APPEAL Any owner may appeal the assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or Clerk of the City of Edina within thirty (30) days after adoption of the assessment by the City Council, and by filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk. However, no appeal may be taken as to an 189 assessment unless a written objection signed by the affected property owner is filed with the Clerk of the City of Edina prior to the hearing or presented to the presiding officer at the hearing. DEFFERRAL ON HOMESTEADS OWNED BY PERSONS 65 YEARS OF AGE OR OLDER Pursuant to Minnesota Statutes, the City of Edina has adopted standards and guide- lines for deferring special assessments against homestead property owned by persons 65 years of age or older for whom payment would be a hardship. application must be filed with the Assessor's office by the close of business on the last business day before the City Council meeting set out in the first para- graph of this notice. or visit the City Assessor's office. To obtain deferment, For further information and application forms, please call BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn, City Clerk INCENTIVE GRANT AGREEMENT 'WITH METROPOLITAN COUNCIL FOR RECYCLABLES APPROVED. Mr. Rosland advised that the Metropolitan Council has approved the grant request for the City of Edina for $7,800 to cover certain operating expenses, salaries and promotional costs for a six month period, July 1 through December 31, 1986, for the Pilot Project-Household Pick-up of Recyclables. Authorization for the Mayor and Manager to sign the agreement is requested. the following resolution and moved its adoption: BE IT RESOLVED by the City Council of the City of Edina that it hereby authorizes and directs the Mayor and Manager to execute on behalf of the City the Incentive Grant Agreement between the Metropolitan Council and the City of Edina for $7,500 to cover certain expenses incurred by the City for the Pilot Project- Household Pick-up of Recyclables. Motion was seconded by Member Turner. Member Kelly introduced RE SOLUTION Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Resolution adopted. ROADWAY DAMAGE NOTED. Member Kelly reported that she had received two calls regarding roadway damage by trucks in connectionwith the Parkwood Knolls 22nd Addition development. Mr. Hoffman said that funds would be collected from the developer to repair the damage when he is assessed for his road.project. MEMBER KELLY NOMINTED TO COMMlTNITY ACTION BOARD. Member Turner advised that Member Kelly's term on the Community Action for Suburban Hennepin Board will be expiring. Member Turner then moved adoption of the following resolution: BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby nominates P.eggy Kelly for reappointment to .the Community Action for Suburban. Hennepin Board. Motion for adoption of the resolution was seconded by Member.Bredesen. RESOLUTION Ayes: Bredesen, Kelly; Turner, Courtney Resolution adopted. NEW BRAEMAR CLUBHOUSE COMMENDED. Member Turner said that she had the opportunity to take guests to the Braemar Golf Course Clubhouse recently and was pleased that the remodeling and addition has turned out so well and that she learned that the demand for the banquet facility was incredible. METROPOLITAN COUNCIL ESTIMATE OF POPULATION FOR CITY NOTED. Member Turner noted chat the Metropolitan Council had estimated Edina's population at 45,055 as of April 1, 1986 and asked if there was any reason to disagree. Mr. Rosland responded that he felt it was fairly accurate. No action was taken. RUNNING FIRE HYDRANT AND OVERFLOW OF GARABAGE CONTAINER REPORTED. Member Bredesen reported that a fire hydrant is running by the Browndale dam. it likely was a flushing procedure that he observed. a garbage container at the canoeist's dock by the millpondbe emptied on a regular basis. Mr. Rosland responded that it would be checked. Mr. Rosland said Member Bredesen asked that NEW FIRE CHIEF APPOINTMENT ANNOUNCED. Mr. Rosland announced that, after a very intensive search and testing process for a Fire Chief, Ted Paulfranz has been appointed to the position and will assume his new duties on July 28, 1986. HIRING OF MEDIA SPECIALIST ANNOUNCED. Mr. Rosland announced that John Brady, former reporter for the Edina Sun, has been hired as media specialist for the City. The Highlander as well as in general public relations. HRC PROCEDURE FOR FUNDING REQUESTS AFFIRMED. Human Relations Commission has established a Drocedure for fundirie reouests frnin Mr. Brady will be involved in producing cable television programs and Mr. Rosland explained that the I ! 7/21/86 various agencies anL groups which included a deadline for submission of such requests. has asked that the Council be advised. been told they could access the Council dir$ctly at the budget hearings. Turner said she felt the HRC has set up an excellent process which was approved by the Council and that it should be followed. The established deadline was not met by one group and the Commission Ceil Smith advised that the group had Member No action was taken. STRATEGIC PLANNING SCHEDULE REVIEWED AND APPROVED. Mr. Rosland advised that he had met with Member Turner and Gordon Hughes to discuss the Strategic Planning process and that in order to make it move efficiently and effectively they had . drafted a Strategic Planning Schedule for 1987. He reviewed the proposed dates and the topics to be discussed. Motion of Member Bredesen was seconded by Member Turner to approve the Strategic Planning Schedule for 1987 as presented. .. Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. HJURING DATE SET FOR VACATION OF UTILITY EASEMENTS - LOTS 1, 2, 3 and 12, BLOCK 1, GRANDVIEIJ PLATEAU. vacation of utility easements on Lots 1, 2, 3 and 12, Block 1, Grandview Plateau and that staff would recommend a hearing date be set for'August'l8,.1986. Bredesen introduced the following resolution and moved its adoption: lir. Rosland advised that a petition has been received for Member RESOLUTION CALLING PUBLIC HEARING ON VACATION OF UTILITY EASEMENTS BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota - as follows: 1. utility purposes should be considered for vacation, in accordance with the pro- visions of Minnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined that the following described easements for Utility easements over the Southerly 5 feet of Lots 1, 2 and 3, the Westerly 5 feet of Lots 3 and 12 and the Northerly 5 feet of Lot 12, all in Block 1, as platted on and dedicated by the plat of GRANDVIEW PLATEAU, Hennepin County, Minnesota. I 2. notice included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) pubLic and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 I?. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENTS FOR UTILITY PURPOSES IN This Council shall meet at the time and place specified in the form of IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of-Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W.' 50th Street on August 18, 1986, at 7:OO P.M. for the purpose of holding a public hearing on the proposed vacation of the following easements for utility purposes: All persons who desire to be heard with respect to the question of whether or. not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric 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 easement area or portion thereof the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. (Legal description as included in paragraph 1. of this resolution) I The Council shall consider the extent , vacated to maintain, repair, replace, remove, or otherwise attend thereto, for - Marcella M. Daehn, City Clerk 7/21/86 191 Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Resolution adopted. GENERAL RECORDS RETENTION SCHEDULE FOR CITIES (REVISED NOVEMBER 1985) ADOPTED. Mr. Rosland recalled that on July 2l, 1980.the Council adopted a Records Reten- tion Schedule which gave continuing authority to dispose of government records under Minnesota Statutes 138.17. Over the past few years there has been a need to expand the schedule. Administration, along with the League of Cities and a task force made up of city officials have developed a revised schedule for cities. to the revised schedule is the Data Practices Classification under the Data Practices Statute 13.01. Member Bredesen introduced the following resolution and moved its adoption: RESOLUTION ADOPTING REVISED GENERAL RECORDS RETENTION SCHEDULE To fulfill that need, the Minnesota Department of An added feature Staff would recommend adoption of the revised schedule. BE IT RESOLVED by the City Council of the City of Edina, Minnesota that it hereby adopts the General Records Retention Schedule for Cities, State of Minnesota., .Department of Administration, Data and Records Management Division, November 1985. Motion for ‘adoption of the resolution was seconded by Member Kelly. Rollcall: Ayes: Bredesen, Kelly, Turner, Courcney Resolution adopted. RESOLUTION ADOPTED RELATING TO $4,000,000 G.O. TAX INCREMENT BONDS, SERIES 1868, $2,500,000 G.O. IMPROVEIENT BONDS, SERIES 1986, AND $2,000,000 G.O. TAX INCREMENT BONDS, SERIES 1986B; AUTHORIZING ISSUANCE AND PROVIDING FOR PUBLIC SALE. Mr. Rosland recommended that the City authorize the issuance and public sale of $4,000,000 General Obligation Tax Increment Bonds to finance the Edinborough project; $2,500,000 General Obligation Improvement Bonds to finance public improvement projects to be constructed; and $2,000,000 General Obligation Tax Increment Bonds to finance the Grandview redevelopment projects. introduced the following resolution and moved its adoption: ’ Member Kelly RESOLUTION RELATING TO $4,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1986A, $2,500,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986, AND $2,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1986B; AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. Pursuant to the provisions of Minnesota Statutes, Sections 273.77(a) and 462.581 and Minnesota Statutes, Chapter 475, the City Council of the City does authorize the issuance and sale of its General Obligation Tax Increment Bonds, Series 198611 (the Series 1986A Tax Increment Bonds) in the principal amount of $4,000,000, including every item of cost of the kinds authorized in Minnesota’ Statutes, Section 475.56, $78,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56, for the purpose of providing funds for the payment of the public redevelopment costs needed for a redevelopment project, as defined in Minnesota Statutes, Section 273.73, subdivision 10, to be undertaken in accordance with the Southeast Edina Redevelopment Plan, within a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9, previously established by the Housing and Redevelopment Authority in and for the City of Edina and approved by the City. 2. the City (the Improvements), and has contracted or will contract for the construct- ion of each of the Improvements, under and pursuant to Minnesota Statutes, Chapter 429. assessments previously paid with respect to the Improvements is not less than .$2,500,000. and available for such purpose, to finance the Improvements, it is hereby determined to be necessary and desirable for the City to sell and issue its General Obligation Improvement Bonds, Series 1986 (the Improvement Bonds), in the principal amount of $2,500,000, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, $49,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56. 3. Pursuant to the provisions of Minnesota Statutes, Sections 273.77(a) and 462.581 and Minnesota Statutes, Chapter 475, the City Council of the City does authorize the issuance and sale of its General Obligation Tax Increment Bonds, Series 1986B (the Series 1986B Tax Increment Bonds) in the principal amount of $2,000,000 including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.56, $39,000 of such amount representing interest as This Council has heretofore ordered local improvements to be constructed in The present estimated total cost of the Improvements less spacial In order to provide sufficient funds, together with funds on hand provided in Minnesota Statutes, Section 475.56 for the purpose of providing funds for the payment of the public redevelopment costs needed for a redevelopment project, as defined in Minnesota Statutes, Section 273.73, subdivision 10, to 7/21/86 192 be undertaken in accordance with the Grandview Area Redevelopment Plan, within the Grandview Tax Increment Financing District, previously established by the Housing and Redevelopment Authority in and for the City of Edina and approved by the City. the Series 1986B Tax Increment Bonds are hereinafter collectively referred to as the ttBonds". 4. In Accordance with Minnesota Statutes, Section 475.54, subdivision 2, the maturities of the Series 1986A Tax Increment Bonds are combined with the maturities of the General Obligation Tax Increment Bonds, Series 1981, of the City, and the General Obligation Bonds, Series 1985 of the City, for the purpose of compliance with the provisions of Minnesota Statutes, Section 475.54, subdivision 1. 5. It is hereby determined that this Council shall meet at the City Hall at 7:OO o'clock P.M. on August 18, 1986 to receive, open and consider bids for and award the sale of the Bonds. 6. place and purpose of said sale to be published at least ten days in advance of the bid opening in a legal newspaper having general circulation in the City, and in a periodical published in Minneapolis, Minnesota, giving financial news and of-general circulation throughout the State, which notice shall be in substan- tially the following form: The Series 1986A Tax Increment Bonds, ;he Improvement Bonds, and The City Clerk is hereby authorized and directed to cause notice of the time, NOTICE OF SALE $4,000,000 GENERAL OBLIGATION $2,500,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986 AND $2,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1986B CITY OF EDINA, MINNESOTA TAX INCREMENT BONDS, SERIES 1986Ap NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota (the City) will meet at the City Hall in Edina, Minnesota at 7:OO o'clock P.M. Central Daylight Time, on Monday, August 18, 1986, to receive, open and consider the bids for and award the sale of $4,000,000 General Obligation Tax Increment Bonds, Series 1986A, $2,500,000 General Obligation Improvement Bonds, Series 1986 and $2,000,000 General Obligation Tax Increment Bonds, Series 1986B (the Bonds) of the City. Dated August 1, 1986, the Bonds will mature on August 1 in the following years and amounts: Tax Increment Tax Increment- Improvement Bonds, Series Bonds, Series Year Bonds 19 8 6A 1986B Total 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 $ 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 $ 50,000 50,000 50 , 000 100,000 100,000 100,000 150,000 150,000 150,000 200,000 200,000 200,000 250,000 250,000 250,000 550,000 600,000 600,000 $ 50,000 50 000 100 f 000 100,000 100,000 100,000 150,000 150 , 000 150,000 150,000 150,000 150,000 200,000 200,000 200,000 $250,000 250,000 350,000 350,000 400,000 450,000 450,000 450,000 550,000 550,000 300,000 350,000 350,000 350,000 450,000 450,000 450,000 550,000 600,000 600,000 $2,500,000 $4,000,000 $2,000,000 $8,500,000 Interest will be payable on February 1, 1987, and semiannually on each February 1 and August 1 thereafter. All Bonds of an issue maturing in 1996 and thereafter are subject to redemption and prepayment at the option of the City and in whole or in part, and if impart in inverse order of maturities of this issue and by lot within maturities of an issue, on February 1, 1996 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. A legal opinion with respect to each issue of the Bonds will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned. Dated: July 21, 1986. BY ORDER OF THE CITY COUNCIL Marcella M. Daehn, City Clerk 7. issuance of the Bonds, and the City Clerk is hereby authorized and directed to cause the following terms and conditions to be incorporated in material distributed to prospective bidders for the Bonds: The following shall constitute the terms and conditions for the sale and :., 7 / 21/ 86 193 I: a 5 TERMS AND CONDITIONS OF SALE $4,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1986A, $2,500,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986 AND $2,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1986B CITY OF EDINA, MINNESOTA The City Council of the City of Edina, Minnesota, will meet at 7:OO o'clock P.M., Central Daylight Time, on Monday, August 18, 1985, to receive, open and to consider bids for and award the general obligation bonds (the Bonds) of the City in the aggregate principal amount of $8,500,000 to be issued by the City upon the following terms and conditions: PURPOSE Tax Tax Increment Tax Increment Improvement Bonds, Series Bonds, Series Bonds 1986A 19 8 6B Total $ 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 $2,500,000 $ 50,000 50,000 100,000 100,000 100 , 000 100,000 150,000 150,000 150 , 000 150,000 150,000 150,000 200,000 200,000 200,000 $2,000,000 $250,000 250,000 350,000 350,000 400,000 450,000 450,000 450,000 550,000 550 , 000 300,000 350,000 350,000 350,000 450,000 450,000 450,000 550,000 600,000 600,000 $8,500,000 The Bonds will comprise three issues: $4,000,000 General Obligation Tax Increment Bonds, Series 1986A, to be issued to finance the public redevelopment cost of a redevelopment project to be undertaken pursuant to the Southeast Edina Redevelopment Plan, pursuant to Minnesota Statutes, Sections 273.77(a) and 462.581 and Chapter 475. $2,500,000 General Obligation Improvement Bonds, Series 1986, to be issued for the purpose of financing the cost of constructing various improvement projects in the City, in accordance with the provisions of Minnesota Statutes, Chapters 429 and 475. $2,000,000 General Obligation Tax Increment Bonds, Series 1986B, to be issued to finance the public redevelopment cost of a redevelopment project to be undertaken pursuant to the Grandview Area Development Plan, pursuant to Minnesota Statutes, Sections 273.77(a) and 462.581 and Chapter 475. . BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT . The City will select a suitable bank or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. The City will pay the charges of the Registrar for such seruices. The City reserves the right to remove the Registrar and appoint a successor. DATE, TYPE AND DENOMINATION The Bonds, as originally issued, will be dated as Of August 1, 1986. The Bonds will be issuable only as fully registered Bonds in denominations of $5,000 or any multiple thereof, of single maturities, with interest payable by check or draft mailed to the person in whose name each Bond-is registered at the close of business on the 15th day (whether or not a business day) of the month preceding each interest payment date, as shown by the register maintained by the Registrar. Principal is payable upon surrender of each Bond at maturity or upon prior redemption at the office of the Registrar. MATURITIES The Bonds of each issue will mature on August 1 in the following years and amounts: Year 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 $ 50,000 50,000 50,000 100,000 100,000 100,000 150,000 150,000 150,000 200,000 200,000 200,000 250,000 250,000 250,000 550,000 600,000 600,000 $4,000,000 7/21/86 194 REDEMPTION * Bonds of each issue maturing in 1996 and subsequent years will each be subject to redemption and prepayment at the option of the City in whole or in part, and if in part, in inverse order of maturities and by lot within maturities, on February 1, 1996, and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. INTEREST Interest will be payable on February 1, 1987, and semi-annually thereafter on each February 1 and August 1. All Bonds of the same maturity must bear interest from date of issue until paid at a single, uniform rate. Each rate must be in an integral multiple of 5/100 or 1/8th of 1%. DELIVERY Prior to September 1, 1986, the City will deliver to the Registrar the printed Bonds ready for completion a'nd authentication. The original purchaser of the Bonds must notify the Registrar, at least 5 business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. at its designated depositary on the date of closing in immediately available funds. Payment for the Bonds must be received by the City LEGAL OPINIONS A legal opinion for each issue of Bonds will be provided by Dorsey & Whitney, of Minneapolis, Minnesota. The legal opinion for each issue of Bonds will be printed on the appropriate Bonds at the request of the purchaser. The legal opinion will state that the Bonds are valid and binding general obligations of the City egforceable in accordance with their terms, except to the extent enforceability may be limited by State of Minnesota or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights generally. TYPE OF BID AND AWARD . Sealed bids for not less than $8,334,000 and accrued interest on the principal sum of $8,500,000 must be mailed or delivered to the undersigned and must be received prio? to the time stated above. No bid may be altered or withdrawn by the bidder after the time specified above for opening bids. Each bid must be unconditional and accompanied by a cashier's or certified check or bank draft in the amount of $170,000, payable to the City, to be retained as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The hid offering the lowest net interest cost (total interest from date of Bonds to stated maturities, less any amount more than $8,500,000 or plus any amount less than $8,500,000 bid for principal) will be deemed most favorable. In the event that two or more bids stated the lowest net cost, the sale of the Bonds wi.13 be awarded by lot. No oral bid and no bid of less than $8,334,000 for principal, plus accrued incerest on all Bonds will be considered. The City reserves the right to reject any and all bids, to waive informalities in the bid, and to adjourn the sale. CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the pruchaser waives any extension of the time of delivery caused thereby. obtained from the undersigned. Information for bidders and bidding forms may be BY ORDER OF THE c~m COUNCIL Marcella M. Daehn I City Clerk The City Treasurer-Finance Director, is hereby authorized and directed to Such official statement shall contain the -... 8. prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. of Terms and Conditions of Sale set forth in paragraph 7 hereof and such other informaton as shall be deemed advisable and necessary to adequately describe 7/21/86 195 the City and t.-e secur,:y for, and erms and conditions of, the Bonds. Attest : City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Turner, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: None whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Bredesen, Kelly, Turner, Courtney CLAIMS PAID. Motion of Member Kelly was seconded by Member Turner for payment of the following claims as per pre-list of 7/21/86: General Fund $292,108.82, Art Center $8,438.21, Swimming Pool Fund $6,037.64, Golf Course Fund $19,416.78, Recreation Center Fund $4,440.17, Utility Fund $48,000.11, Liquor Dispensary Fund $111,781.13, Construction Fund $658,898.84, Total $1,149,121.70; and for confirmation of payment of the following claims dated 6/30/86: General Fund $410,353.93, Art Center $388.10, Swimming Pool Fund $449.64, Golf Course Fund $18,484.95, Recreation Center Fund $396.16, Gun Range Fund $64.04, Utility Fund $1,660.94, Liquor Dispensary Fund $361,230.36, Total $793,028.12. Ayes: Bredesen, Kelly, Turner, Courtney Motion carried. There being no further business on the Agenda, Mayor Courtney declared the meeting adjourned at 10:05 p.m. *A%& City Clerk i