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OF THE REGULAR MW3TIX?G OF TEE
EDINA CITY COUNCIL HELD AT CITP HATL I JUNE 21, 1993
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
RESOLUTION OF APPRECIATION - ULRRY FUGLESTEN
following resolution which was unanimously adopted:
RESOLUTION OF APPRECIATION
WHEREAS, Larry Fugleston, Principal of Cornelia School, assisted the Edina Human
Relations Commission in a strategic planning process; and
WHEREAS, throughout this process, Larry donated his the during three lengthy
sessions in February, March and June of 1993, as he guided the Commissioners
through the development of a mission statement, objectives and action items; and
WHEREAS, he willingly shared his expertise as the Coordinator of Strategic
Planning for Edina Schools with the City of Edina, benefiting the Human Relations
Commission in its first effort in comprehensive planning; and
WHEREAS, serving as the Principal of Cornelia Elementary School for the last
three years and leading that school successfully forward with a productive and
active PTA parent group, a cooperative planting of trees with the City and a
sister-school partnership with a school in Wyoming, Larry has demonstrated the
ability to step in and get the job done--and then even go beyond that with his
generous volunteering of time and talent.
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council expresses its thanks
and appreciation on behalf of the Human Relations Commission to
LARRY FUGLESTEN
for his dedication in working with people in order to help them be productive in
their service to the City of Edina and the Schools.
CONSENT AGENDA ITEHS APPROVED Motion vas made by Member Kelly and vas seconded
by Member Rice to approve and adopt the Council Consent Agenda items as
presented.
Mayor Richards presented the
I
Motion carried on rollcall vote - five ayes.
*MINUTES OF REGULAR MEETING OF JUNE 7. 1993. APPROVED Motion vas made by Member
Kelly and vas seconded by Member Rice to approve the Council Minutes of the
regular meeting of June 7, 1993.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARIHG HELD: SANITARY SE3ER IMPROVEMENT NO. SS-383 (POST LANE) ORDERED
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Engineer
Engineer Hoffman reported that this public hearing is a result of a petition by
the property owner for a sanitary sewer extension on the east side of Post Lane,
from McCauley Circle to McCauley Terrace, and to assess the cost against the
property owner.
division for Lots 4, 5 and 6, Naas Lakeside Addition.
The extension would service the new lots resulting from a lot
The cost of the proposed improvement is estimated at $18,913.71 proposed to be
assessed against Lots B and C at $9,456.85 per lot.
would be constructed in 1993.
Improvement No. 383 to serve properties on the east side of Post Lane.
If approved, the project
Staff would recommend approval of Sanitary Sewer
Mayor Richards called for public comment on the proposed improvement.
or objection was heard.
No comment
6/21/93 233
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION ORDERING SANITARY SEWER IHPROVEKENT NO. SS-383
UPON PETITION TBEREFOBE
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 sanitary sever improvement on Post Lane from McCauley
Circle to HcCauley Terrace and to assess the entire cost against the property of
the petitioner, and that the petitioner nov owns all property vhich vi11 abut and
be assessed for the improvement.
2. The making of said improvement in accordance with satd petition is hereby
ordered pursuant to Minnesota Statutes, Section 429,031 (3), (Session Laws of
1961, Chapter 525, Section 2). Said improvement is hereby designated and shall
be referred to in all subsequent proceedings as: SANITARY SEWER IMPROVEMENZ NO.
SS-383.
against the properties abutting on said Post Lane vhere said improvement is to be
located.
Motion for adoption of the resolution was seconded by Member Kelly.
I
The entire cost of said improvement is hereby ordered to be assessed
Rollcall :
Ayes: Kelly, Rice, Paulus, Smith, Richards
Resolution adopted.
*BID AWARDED TO RE-ROOF ONE-HALF OF PUBLIC WORKS BUILDING
Member Kelly and was seconded by Member Rice for award of bid to re-roof one-half
of the Public Works Building to recommended lov-bidder, I & S Roofing, Inc., at
$113,940.00.
Motion vas made by
Motion carried on rollcall vote - five ayes.
*RENEWAL OF MAINTENANCE CONTRACT FOR VOTE TABULATORS APPROVED
Member Kelly and vas seconded by Member Rice to approve reneval of the
maintenance contract for vote tabulators to sole provider, Business Records
Corporation, at $9,430.00.
Motion vas made by
Motion carried on rollcall vote - five ayes. I
*BID AWARDED FOR EMEXGENCY WELL REPAIR (WELL NO.111 Motion vas made by Member
Kelly and was seconded by Member Rice.to approve emergency vel1 repair on well
No. 11 to Layne Minnesota Company at $8,675.00.
Motion carried on rollcall vote - five ayes.
*CHANGE ORDER #5 APPROVED FOR NORWANDALE GOLF COURSE Motion vas made by Member
Kelly and vas seconded by Member Rice to approve change order No. 5 for
Normandale Golf Course to Glenn Rehbein Excavating, Inc. at $22,108.41.
Motion carried on rollcall vote - five ayes.
BID AWARDED FOR SANITARY SEWER IMPROVEMENT NO. 383 (POST LANE1 Member Rice made
a motion for award of bid for Sanitary Sever Improvement No. 383 (Post Lane) to
recommended lov bidder, Dave Perkins Contracting, Inc., at $14,940.00. Motion
was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
FINAL REPORT PRESENTED BY STUDY COMMITTEE FOR SEXUALLY ORIENTED BUSINESSES Mike
Lewis, Co-chair of the Study Committee for Sexually-Oriented Businesses, speaking
for himself and Co-chair Virginia Shaw, thanked the 14 members of the Committee,
the staff and City Attorneys for their diligence, helpfulness and patience. He
presented the written Final Report of the Committee and said he or Co-Chair Shaw
would respond to any questions.
1) Committee's assignment, 2) Process pursued, 3) Findings, 4) Ordinance issues,
and 5) Recommended ordinance.
In summary the report covered the following:
234 61 21/93
Member Smith asked if the Committee debated the 500 foot standard that no
sexually-oriented business shall be located closer than 500 feet from any other
sexually-oriented business or licensed day-care facility or from any property in
the R-1, R-2, PRD, PSR, or MDD Zoning Districts. Co-Chair Lewis said that the
Committee discussed and debated minimum spacing distances at length and
considered the effects of 500 foot, 750 foot and 1000 foot spacing.
Shaw explained that the Committee reviewed ordinances of other cities, not from
the standpoint of copying, but to recommend something that would be legally
viable and would not make the City vulnerable to a First Amendment suit. Upon
reviewing various radiuses as to affect, the Committee was very aware that the
City would need to have a certain percent of the commercial areas available for
sexually-oriented businesses. Assistant Manager Hughes said the Committee had
decided that these types of businesses should be limited to the C-3 District
which comprises about two percent of the area of the City.
radius increased the percentage of area available became smaller to the point
where it could be challenged as in some of the court cases the Committee
reviewed .
Co-Chair
As that spacing
Member Rice asked if the proposed ordinance would in the future cover any new
sexually-oriented business that is not currently defined.
explained that the ordinance does include a licensing process for the types of
businesses defined and could be amended if businesses using new terminology
appeared.
11 ayes, two nays and asked about the reasons for the nay votes. Co-Chair Lewis
said that one nay vote was cast because the individual, who was a downtown
businessman, had discussed the issue with staff from the City of Minneapolis who
indicated that when businesses are licensed it creates problems.
vote was from an independent businessman who just did not favor additional
licensing.
protect and insulate the City from these and also give the City some control.
Member Paulus questioned whether under the licensing provision in the proposed
ordinance the City could require an existing business selling questionable adult
material to be licensed. Co-Chair Lewis explained that the proposed ordinance
defines an adult bookstore as an establishment or business that has either 10
percent or more of its stock in trade or 10 percent or more of its floor area
containing sexually oriented materials.
ordinance does not include a grandfather clause for existing businesses.
existing business were over the 10 percent threshold, a license would be required
and the business would also need to be located in a permitted zoning district.
Co-Chair Lewis
Mayor Richards observed that the vote on the licensing provision was
The second no
I The twelve individuals voting affirmatively believed licensing would
Attorney Gilligan interjected that the
If an
Dr. Nancy Hutchison, 5200 Glengarry Parkway, stated that her office is at
Centennial Lakes Medical Center.
sexually-oriented businesses are detrimental to the community, she asked why such
use was even considered for the PC-3 District which would include shopping areas
that are somewhat adjacent to residential areas.
areas would be more appropriate to locate such businesses.
St. Louis Park requires a 1000 foot radius and questioned why the proposed
ordinance for Edina required only 500 feet.
prohibited such businesses when they are adjacent to metropolitan areas which
allow such businesses because people would have access to these types of
businesses. Such restrictions have been upheld in court. Dr. Hutchison said she
was concerned for the children and Edina's elderly population who are vulnerable
citizens.
peep shows should be prohibited.
percent threshold we could have hard core pornography in residential areas under
some other guise.
important that the percentage - anything that is obscene or pornographic should
be regulated.
Because the Committee's FLndings stated that
She felt that the industrial
She mentioned that
Further, other cities have
I She felt that at least certain activities such as nude dancing and
Finally, she said that because of the 10
She concluded that the nature of the activity is more
6/21/93 235
Mayor Richards observed that with the submission of the Final Report the
Committee's work is finished and comes with the recommendation to adopt the draft
ordinance. If the Council is inclined to continue the consideration of the
ordinance it should be referred to the Planning Commission for review and
recommendation regarding the zoning issues. In addition, Mayor Richards
recommended that the draft ordinance be submitted to the Human Relations
Commission for its views and comments.
back to the Council as soon as possible.
earliest the matter could be back on the Council agenda would be August 2, 1993,
taking into consideration meeting schedules for the Planning Commission and Human
Relations Commission.
Member Smith urged that the matter come
Assistant Manager advised that the
Member Rice made a motion to refer the draft ordinance regulating sexually-
oriented businesses to the Planning Commission and the Human Relations Commission
for their review, comments and recommendations and that the matter be placed on
the Council Agenda for August 2, 1993.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Mayor Richards thanked Co-Chairs Lewis and Shaw for their diligent efforts in
chairing the Committee and asked that appreciation and thanks be expressed to all
the members.
TRAFFIC SAFETY COMMITTEE MINUTES OF JUNE 8. 1993. APPROVED Engineer Hoffman
advised that item (1) of Section A, of the Traffic Safety Committee Minutes of
June 8, 1993, was a request for a "STOP" sign on West 48th Street at either
Tomes Road or Meadow Road for speed and volume control.
recommendation was to install "PEDESTRIAN" signs along with the 25 MPH sign
attachment for each side of West 48th Street between Tomes Road and Meadow Road.
Lynne Morishita, 4001 West 48th Street, spoke on behalf of the traffic committee
of the White Oaks Development Association.
the increased number of small children in the area because of outside traffic
that is diverting from 50th/France. A petition circulated in the neighborhood
and signed by 60 residents indicated consistent concern about the issue. She
said their committee hoped they could get something more aggressive implemented
to control the traffic. Sue Wahman, 4715 Meadow Road, reiterated concern
regarding the speed and volume of traffic. She said there is a real problem and
their concern is that the recommendation by the Traffic Safety Committee was not
strong enough.
The Committee's
Their concern is for the safety of I
Member Paulus observed that this area could have been included in the Country
Club traffic study. She believed that signage gives a false sense of security
and would not solve the problem; more traffic enforcement, public education or
sidewalks would be more positive. Member Paulus pointed out that the State of
Minnesota has been encouraging traffic to get off the major thoroughfares and
travel through neighborhoods.
Member Smith made a motion to approve the following recommended action listed in
Section A:
1) To install "PEDESTRIAN" signs along with the 25 MPH advisory sign attachment
for each side of West 48th Street between Tomes Road and Meadow Road. Motion
was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Engineer Hoffman then reviewed the remaining items and recommendations in the
Traffic Safety Committee Minutes.
Member Kelly made a motion to approve the remaining recommended actions listed in
236 6/21/93
Section A of the Traffic Safety Committee Minutes
2)
3)
To install "PEDESTRIAN" signs on northbouud
in the proximity of Wilford Way.
To install a "CURVE" sign accompanied by 25
Road.
of June 8, 1993:
and southbound Vest Shore Drive I HPH advisory sign for Parkmod
4) To install "BO PARKING ANYTIHE" signs eastbound and westbound on the link
road between Braemar Boulevard and Valley View Road.
To install a 90-degree n(cuBvEw sign on Mendelssohn with a 15 LZPH advisory
posted.
That staff vork with resident of Biscayne Boulevard to compose a traffic
safety advisory letter for circulation in the area.
That active traffic enforcement be moved forward at Vest 66th Street
between Wilryan Avenue and Bidgeviev Drive by the Edina Police Department.
To install a "STOP" sign at the exit driveway of Normandale Golf Course and
Parklawn.
That staff be allowed to contact Super Valu representatives regarding truck
traffic on Washington Avenue per resident request; and to acknovledge the
recommended action in Sections B and C of the Minutes.
5)
6)
7)
8)
9)
Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
TRAFFIC SAFETY POLICIES ADOPTED Traffic Safety Coordinator Swanson presented the
Traffic Safety Policies pointing out that the policies are integral to changes in
the process in handling traffic safety matters.
function as follows:
The policies have a two-fold
1)
2)
To communicate with the public on traffic and safety matters with the
objective of more clearly defining issues and seeking solutions.
The policies become reference or standard by which staff can make
recommendations and the Council can make decisions.
He explained that the process for handling traffic safety matters would work as
follows :
A.
B.
C.
Request made by petition, letter or verbally through a contact person.
Requestor is assisted in clearly formulating issues, explained the process,
provided the policy and alternatives are discussed.
The request then undergoes a traffic safety staff review.
person collects information and presents it, along with information
obtained from the requestor.
this information in lieu of adopted policies and makes a recommendation to
the Council. The contact person communicates the staff recommendation to
requestor and explains the appeals process which would take place before
the Council or its designated review body.
The Council, or its designated review body, receives the recommendation and
hears citizen testimony.
policy or, on issues of widespread interest the Council may want to define
an area of notification and schedule a public hearing.
issue would be decided at a public meeting.
The contact
The traffic safety staff review evaluates
The Council can decide the issue based on its
Ultimately, the
Coordinator Swanson said the reason for the modification of the former Traffic
Safety Committee process is the return of staff persons to a technical review
process rather than conducting hearings.
warning, guide and informational signs but, by statute, regulatory signs must be
approved by the Council.
Staff could act independently on
The policies presented included the following types of signage and issues:
6/21/93
I) 237
1) Residential Stop Signs, 2) Multiway Stop Signs, 3) Yield Signs, 4) On Street
Parking, 5) Pedestrian Crosswalks,. 6) City Speed Limits, and 7) Warning Signs.
Coordinator Swanson said these policies are based on uniform national and state
standards.
It is recommended that the policies be adopted and the Council become the appeals
body for a period of six months.
evaluated with the option of forming or assigning the appeals process to a
citizen comprised review body.
Then, Council time and other factors could be I
Discussion followed with suggestions for minor changes to more fully explain the
purposes of the various policies. Coordinator Swanson pointed out that the
policies would not be handed to citizens but would be explained to citizens
verbally by the contact person.
Member Rice made a motion to adopt the Traffic Safety Policies with the suggested
minor changes and to place the item on the Council Agenda of July 6, 1993, for
further review and discussion by the Council.
Richards.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Motion was seconded by Mayor
ISSUE OF IN/OUT TRAPPIC AT THE SPAGHETTI SHOP (4933 FRANCE AVENUE SOUTH)
CONTINUED TO 7/6/93 Engineer Hoffman recalled that concern had been.voiced at a
previous Council Meeting about the in/out traffic for the Spaghetti Shop at 4933
France Avenue South and the resulting backup of traffic on France Avenue.
said that the 50th and France Association has requested this matter be continued
to July 6, 1993 so that they could discuss the issue.
He
LETTEX OF INTENT AUTHORIZED - HONEYWELL ENERGY SAVINGS PROGRAM Manager Rosland
recalled that on October 19, 1992, the Council adopted a resolution authorizing
Honeywell to proceed with evaluating the City's facilities for their energy
savings program. The next step in the process would be for Council to determine
if it wishes to proceed after discussing and reviewing cost estimates that have
been submitted by Honeywell. If, after reviewing the cost analysis, the Council
wishes to continue, it should authorize execution of a Letter of Intent
indicating that the City wishes to have Honeywell do a final in-depth analysis
and prepare contract documents.
Manager Rosland explained that an energy savings evaluation had been done on
three of the City's largest energy users: 1) Braemar Club House and Golf Dome,
2) Braemar Ice Arena and 3) Edinborough Park. For these three facilities the
projected guaranteed annual savings would be:
Utilities $ 86,092
Administrative 13,420
Repairs, Supplies & Materials 19,749
Total $154,655
Expected Capital Projects 35,394
Of the total cost of $154,655 to the City over the next ten years, all would be
reclaimed except the $35,493 for expected capital projects (i.e. retrofits,
insulation and other corrections).
certificates of participation whereby Honeywell would acquire the funds and
through the certificates Honeywell would get the Edina tax benefits.
Rosland concluded by saying that the City has a responsibility to be as resource
conscious and energy efficient as possible and he would recommend moving ahead
with the program.
This program would be funded through
Manager
Member Smith made a motion authorizing the signing of a Letter of Intent from the
City to Honeywell, Inc., indicating that the City wishes to have a final in-depth
238 6/21/93
analysis
Services
program.
done and contract documents prepared for the Honeywell Municipal
Program Phase One and to enter into the second study phase of the
Motion was seconded by Member Kelly.
Mayor Richards questioned whether the payback would actually be there and said he
disapproved of doing that volume of business with a single vendor, but would
reserve judgement until he saw the final documents.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
REAPP0I"TS MADE TO COMMUNITY EDUCATION SERVICES BOARD
recommended reappointment of Peggy Kelly (Council representative), Jean Rydell
(Park Board representative) and Jeannine M. Nays (At-Large representative) to the
Community Education Services Board.
Mayor Richards
Member Rice made a motion to reappoint Peggy Kelly (Council representative), Jean
Rydell (Park Board representative) and Jeannine Nays (At-Large representative) to
the Community Education Services Board for a one year term from July 1, 1993 to
June 30, 1994. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Kelly mentioned that she had suggested to the Board Chair that someone
from the Senior Center serve on the Board in lieu of a Council representative as
she felt a Council Member was not needed. Mayor Richards asked that information
be brought back on the composition of the Board.
APPOINTMENT MADE TO COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE
recommended appointment of Dr. Sharon Marx, 5525 Mirror Lakes Drive, to fill a
vacancy on the Community Health Services Advisory Committee.
Member Kelly made a motion for consent of the Mayor's appointment of Dr. Sharon
Man to the Comrmmity Health Services Advisory Committee to fill an unexpired
term to February 1, 1994. Member Smith seconded the motion.
Mayor Richards
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
OPEN HEETING LAW DISCUSSED Manager Rosland recalled that Council had asked that
the subject of the Open Meeting Law be placed on the agenda for discussion.
summarized the opinion issued by City Attorney Gilligan dated April 13, 1993, as
follows .
He
The Open Meeting Law provides that all meetings of the governing body of any
city, and of any committee, board, commission thereof, shall be open to the
public.
material be available for inspection by the public.
definition of what constitutes a "meeting."
District No. 281, 336 NW 2d 510 (Minn. 1983) the Minnesota Supreme Court
formulated a comprehensive definition of what constitutes a meeting under the
Open Meeting Law. In summary, based on the Moberq case, a meeting of a quorum or
more of members of the City Council, or any board or commission thereof, at which
members discuss, decide or receive information as a group on issues relating to
the official business of the City is subject to the requirements of the Open
Meting Law.
The Law requires that notice of any meeting be given and that any agenda
The Law does not contain a
In Moberg v. Independent School
The following are not meetings subject to the Open Meeting Law:
a) Gathering of less than a quorum if not for the purpose of avoiding public
hearings or fashioning agreement on issues to be decided at a public
hearing;
6/21/93
Chance or social gatherings (even if a quorum is present), so long as not a
guise for members to discuss, decide or receive information as a group on
issues related to official business; and
Letters or telephone conversations between fewer than a quorum. c>
Member Rice asked for clarification of the term "receive information".
Gilligan said that would include receiving any communication, information or
presentation or participating in any discussion relating to City business,
matters or issues where a quorum of the Council was present. Such activity would
be in violation of the Open Meeting Law unless the meeting had been noticed
properly.
Attorney I
Mayor Richards emphasized that a chance or social gathering at which a Council
quorum is present is not a meeting subject to the Open Meeting Law. However, a
quorum of the Council could not by invitation meet with citizens, or some group
or organization to talk about or receive information on City issues or business.
Member Paulus suggested that the Council Members respond to such an invitation by
asking the City Manager to have a staff representative attend, rather than just
saying no and leaving the impression that the Council is not interested.
formal action was taken.
No
JOINT POW AGREEMENTS WITH EDEN PRAIRIE AND BMOMINGTON APPROVED CONCEPTUALLY
Director of Public Works Hoffman reported that staff has been working with the
cities of Bloomington and Eden Prairie on two joint power agreements involving
public facilities on border streets with these cities.
Eden Prairie AFreement
Involves Washington Avenue west of Highway 169 (old County Road 18).
Prairie currently maintains the street and storm sewer with appropriate cross
sharing of construction costs if construction is required.
Eden
The traffic signal at Valley View Road and Washington is maintained by Eden
Prairie but Edina pays the electrical costs. The other two utilities, water and
sewer, are currently maintained by Edina and serve both cities and one parcel in
Bloomington.
The proposed change would be to have Eden Prairie take over all maintenance of
public systems on Washington Avenue except for sewer service to the Braun
Intertec building on the east side of Washington. Staff believes this to be a
positive change for Edina.
provided softened water thus causing less aggressive problems in the plumbing
system. For Edina this would mean: 1) one less sanitary sewer lift station to
maintain, 2) loss of a current customer on the Eden Prairie side who has caused
discharge problems, 3) less sewer discharge into metro sewer interceptor, and
4) the question of which City maintains the system would be resolved for
maintenance personnel.
The small industry along Washington Avenue would be
Bloomington Agreement
Involves Minnesota Drive from Edinborough Way east of France Avenue to Johnson
Drive west of France Avenue. Minnesota Drive (east of France) would be
maintained by Edina with Edina serving as the water and sewer utility to the
parcel on the south side of Minnesota Drive just west of Edinborough Way.
Minnesota Drive (west of France) would be maintained by Bloomington to include
small lateral storm sewers intercepting the main storm sewer line.
pipe servicing primarily the Centennial Lakes project and the southerly area of
Southdale which drains to Centennial Lakes would be the responsibility of Edina.
The large
National Car Rental would be assessed for a portion of the Minnesota Drive road
6/21/93 240
work west of France through a common agreement with National Car Rental.
Edina would pay Bloomington a portion of the cost of the main storm sewer
constructed to service the Centennial Lakes site and the southerly Southdale
area.
main pipe cost under Minnesota Drive.
approximately $60,000.00 to be financed from the City's utility fund. This
agreement would finalize all the different elements involving Minnesota Drtve,
some of which relate back to the development of the Homart site.
Also,
The proposal would be to split the cost approximately 50-50 for just the
Staff would anticipate that cost to be
It was the consensus of the Council to approve conceptually the joint powers
agreements with Eden Prairie and Bloomington as presented.
KRAFT LeTTw CONCERNING RAINBOW FOODS STORE DISCUSSED
letter dated June 17, 1993 from Fred R. Kraft, 4604 France Avenue South, asking
Council to reconsider its denial of the proposed Rainbow Foods store development.
Mayor Richards said a response would be sent to Mr. Kraft explaining that the
action taken would stand, but that the Council would listen to any other ideas
for development of the site.
Mayor Richards noted a
REI= LETTER REGARDING KUHLMAN FIELD HANDICAP ACCESSIBILITY DISCUSSED
Richards noted a letter dated June 17, 1993 from Gary C. Reiter, 5316 Birchcrest
Drive, addressed to the Edina City Council and Edina School Board, with concerns
about tax increment monies not being used to remove barriers to the Kuhlman Field
bleachers.
City takes the requirements of the Americans With Disabilities Act seriously,
that facility is the responsibility of the School District.
Council felt a more appropriate use for the excess tax increment funds would be
to replace the playing surface at the Edina High School field house because it is
utilized by programs sponsored by the City.
Mayor
Mayor Richards asked that a response be sent indicating, while the
Further, that the
EDR?A GARDEN COUNCIL PROJECT FOR ARNESON ACRES DISCUSSED Mayor Richards said he
had recently lunched with members of the Edina Garden Council and was told of the
current plan for the formal gardens at Arneson Acres which would include a "Tree
of Life" stone walkway and a gazebo. The Garden Council is proposing to pay the
entire cost for constructing the gazebo but asked if there was a way to get the
gazebo constructed now by means of a loan or advance funding to be paid back by
the Garden Council as the monies are raised. It was the consensus of the Council
that the City Manager and Finance Director look into ways to advance the funds so
that the project could go forward.
be brought back to the Council on the funding request.
Manager Rosland said a recommendation would
COUNCIL MeElBwS APPOINTED FOR DISCIPLINARY HEARING
as recommended by the City's personnel attorney, three Council Members should be
appointed as a committee to hear an appeal of a disciplinary action to discharge
an employee.
to the Council for consideration and action.
Manager Rosland advised that,
The committee would then prepare findings and conclusions to submit
It was the consensus of the Council that Mayor Richards and Members Kelly and
Smith serve as members of the hearing committee.
DATE OF 7/19/93 SET FOR 1994 BUDGET ASSUMPTIONS PRESENTATION It was the
consensus of the Council to meet at 5:OO P.M. on July 19, 1993, to consider a
presentation of the budget assumptions for 1994.
*RESOLUTION ADOPTED APPROVING EXECUTION AND DELIVERY OF FIRST SDPPLEMENl'AL
INDENTURE. FIRST AMEN'D~ TO LOAN AGREEMENT AND AUTHORIZING OTHW MATTERS
RELATING TO MULTIFAMILY MORTGAGE REVENUE REFUNDING BONDS OIERNON TERRACE
SERIES 1990
adopt the folloving resolution:
Motion was made by Member Kelly and was seconded by Member Rice to
6/21/93 241
RESOLUTION APPROVING EXEXUTION AND DELIVERY OF FIRST
AND AUTHORIZING OTHER HATTERS RELATED TO HULTIFAMI'LY MORTGAGE
REVENUE REFUNDING BONDS (VERNON TERRACE PROJECT) SEBIES 1990
SUPPIXMENTAL DENTURE, FIRST AMENDIE" TO UIAN AGREEMENT
WHEREAS, pursuant to an Indenture of Trust dated as of July 1, 1990,
("Indenture") between the City of Edina, Minnesota (the "City") and First Trust
National Association, as trustee (the "Trustee"), the City issued its Multifamily
Mortgage Revenue Refunding Bonds (Vernon Terrace Project) Series 1990 (the
"Bonds"), which were secured by a certain Mortgage, Assignment of Leases and
Rents, Security Agreement and Fixture Financing Statement dated as of July 1,
1990 (the "Mortgage"); and
WEEREAS, proceeds from the sale of the Bonds were loaned to Ohmega Building
Corporation, a Minnesota corporation (the "Prior Company"), pursuant to a Loan
Agreement dated as of July 1, 1990 (the "Loan Agreement") for the purpose of
refunding prior bonds of the City issued to finance the acquisition and
construction of a multifamily rental housing facility located in the City and
known as Vernon Terrace Apartments (the "Project"); and
VHWEAS, the Bonds are subject to mandatory tender and purchase on July 1, 1993
(the "Mandatory Tender Date"); and
WHEREAS, the Company contemplates the sale of the Project to Ted Bigos, who
proposes to acquire the Project subject to the Mortgage;
WHEREAS, in connection with the proposed sale of the Project and the Mandatory
Tender Date the Company has requested amendments to the Indenture and Loan
Agreement pursuant to a proposed First Supplemental Indenture of Trust (the
"Supplemental Indenture") and a proposed First Amendment to Loan Agreement (the
"Loan Agreement Amendment"), respectively, each proposed agreement being dated as
of July 1, 1993, and on file with the City Clerk; and
VHEReAs, the City has been advised that the foregoing amendments are permitted by
the Indenture;
NOW, TIIEREFORE, BE IT RESOLVED as follows:
Amendment on file are hereby approved.
authorized and directed to execute in the name of and on behalf of the City the
Supplemental Indenture and Loan Agreement, as such documents may be completed,
amended or modified and approved by such officials, which approval shall be
deemed conclusively given upon execution of such documents by the officials;
provided however, that on the date of such execution Bond Counsel shall have
delivered all opinions in connection therewith that are required by the Indenture
to be delivered on or before such date.
2. In the absence of the foregoing officials, any of the documents
authorized by this Resolution shall be executed by those persons who are
permitted by law to act in the absence of such officials.
3. Upon the request of the Company, and subject to the approval of legal
counsel to the City, the Supplemental Indenture shall be modified (a) to cause
the Mandatory Tender Date (as defined in the Indenture) next occurring after
July 1, 1993, to be that interest payment date for the Bonds which shall be
designated by the Company, but no later than July 1, 1996, and (b) to establish
the interest rate to be borne by the Bonds on July 1, 1993, as the rate
designated by the Company, but not to exceed 5% per annum.
4. The Mayor, City Manager and other officers of the City are authorized to
approve and furnish, execute or deliver such other certifications, documents or
instruments as Mackall, Crounse & Moore, as bond counsel, shall require,
including such instruments as may be required for federal tax law purposes.
adoption.
1. The form of each of the Supplemental Indenture and Loan Agreement
The Mayor and City Manager are hereby
5. This resolution shall become effective as of the date and time of its
242 6/21/93
Adopted: June 21, 1993.
ATTEST :
,
City Clerk
Motion carried on rollcall vote, five ayes.
*CLAIM PAID Motion was made by Member Kelly and vas seconded by Member Rice to
approve payment of the folloving claims as shown in detail on the Check Register
dated June 16, 1993, and consisting of 28 pages: General Fund $541,774.36; CDBG
$35.00; Cable $6,817.97; Working Capital Fund $6,260.20; Art Center $3,382.92;
Pool $6,820.05; Golf Course $476,589.62; Arena $71,068.46; Gun Range $266.87;
Edinbormgh/Centennial Lakes $31,610.65; Utilities $16,842.01; Storm Sewer
$4,990.71; Recycling $37,998.36; Liquor Dispensary $119,524.40; Construction Fund
$34,223.80; IMP Bond Redemption #2 $13,125.00; TOTAL $1,371,330.38; and for
confirmation of payment of the following claims as shown in detail on the Check
Register dated June 10, 1993, and consisting of 13 pages; General Fund
$103,779.86; Pool $160.00; Golf Course $6,866.43; Utilities $857.33; Liquor
Dispensary $222,967.15; TOTAL $335,630.77.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 1O:OO P.M.
*&-;iZ,u
City Clerk