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HomeMy WebLinkAbout19930621_regular232 mS 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