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HomeMy WebLinkAbout19931004_regular26 OF TEE BEGmBa MEETING OF TEE EDIHh CITY COU'NCIL HELD AT CITY HALT., I OCTOBEB 4, 1993 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith, and Mayor Richards. .. YOSHI DAY PROCLAIMED vas Manimonsly adopted: A PROCIAMATIOI?. VBEBEBS, October has been declared as "m OFF TEE VIOLENCE MOHTH" in Minnesota; WEEBEAS, each year in America, more than 5,000 children and teens lose their lives to a bullet and thmands more are wounded; WEEBEAS, Yoshihiro Hattori, sixteen year old foreign exchange student fram Japan vas shot to death uhile looking for a Halloueen paay vith his American host "brother" in Baton Rouge, Louisiana on October 17, 1992; WEEBEAS, Yoshi is the most nationally recognizable of the 5,000 children in America vi10 vere victims of guns last year; WHEREAS, Yoshi's senseless death begs us to look at our nation through the eyes of others and ask how a democracy at peace can be so violent; FJHEREBS, The Edina AFS Student -change, Edina High School International Club, Edina High School Student Council, and Youth Service Youth will be planting a daffodil garden at Cornelia Park on October 17, 1993, in memory of Yoshi and the other children who have died from gun shot wounds in America. BOW, THEaEFoBE, I, Frederick S. Richards, Hayor of the Citp. of Edina, do hereby proclaim the seventeenth day of October, 1993, as in the CitJr of Edina and urge all Edina residents to join me in recognizing and supporting the efforts of Edina students and their sponsors to create and continue awareness of children caught up in America's gunviolence until something is done about this tragedy. ADOPTED this fourth day of October, 1993. Mayor Richards presented the folloring proclamation rhich YOSHI DAY I The proclamation was accepted by Lynne Westphal representing the Edina AFS Student Exchange, Edina High School International Club, Student Council and Youth Service Youth. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith and was seconded by Member Kelly to adopt the Council Consent Agenda items as Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HRWl!ES OF REGULAR LIETING OF SEPTEMBER 20. 1993. APPROVED Member Smith and vas seconded by Member Kelly to approve the the regular meeting of September 20, 1993. Motion carried on rollcall vote - five ayes. presented. Motion was made Council Minutes bY of PUBLIC EEARl3?GS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS TXVIED Affidavits of Notice were presented, approved and ordered placed on file. been given, public hearings were conducted and action taken as recorded on the following proposed assessments: Due notice having I 1. STREET IMPROVEMENT NO. BA-296 Location: Malibu Drive.from Lincoln Drive to 707 feet Southeast Analysis of assessment for Street Improvement No. BA-296 showed total construction cost of $45,777.89 proposed to be assessed against 1,151.59 assessable feet at $39.75 per foot. No objections were heard and no written objections to the proposed assessment Assessment to be spread over ten years. 10/4/93 37 LI were received prior hereto. (Assessment levied by resolution later in Minutes.) 2. STREET IMPROVEMENT NO. BA-298 Location: Blake Road from Pine Grove Road to Interlachen Boulevard Analysis of assessment for Street Improvement No. BA-298 showed total construction cost of $81,391.40 proposed to be assessed against 4069.57 assessable feet at $20.00 per foot. John Zwicke, 5020 Blake Road, requested that 180 feet of the total frontage for his property be treated as side frontage for assessment purposes because of his irregular shaped lot. the City's criteria for irregular shaped lots (pie-shaped or curved streets). Therefore, staff would recommend that the front 210 lineal feet of 5020 Blake Road be assessed at $20.00 per foot and the remaining 180.92 feet be assessed at the sideyard rate of one-third the front assessment rate. Blake Road, objected that the proposed assessment was too high. should be assessed to the whole area instead of only the properties fronting Blake Road because all benefit from the sidewalk and curb and gutter. oral or written objections were heard to the proposed assessment. Assessment for Street Improvement No. BA-298 approved by motion of Member Paulus, seconded by Member Rice and carried unanimously, with the exception that the assessment for 5020 Blake Road be assessed at $20.00 per lineal foot for the front 210 lineal feet and at one-third for the remaining 180.92 sideyard feet. by resolution later in Minutes.) Assessment to be spread over ten years. Engineer Hoffman explained that the lot at 5020 would meet I Michael Rickie, 5309 He said the cost No other (Assessment levied I 3. STREET IMPROVEMENT NO. BA-300 Location: Rose Court - Wooddale Avenue to cul-de-sac Analysis of assessment for Street Improvement No. 300 showed total construction cost of $22,412.82 proposed to be assessed against six assessable lots at $3,735.47 per lot. Assessment to be spread over ten years. Steve Legler, 6305 Rose Court (Lot 3), objected to the assessment being spread against the six lots in the subdivision. He said the total cost should be based on the front footage for each lot. proposed assessment were received prior hereto. Assessment for Street Improvement No. BA-3OQ approved as presented by motion of Member Rice, seconded by Member Smith and carried unanimously. in Minutes.) No other objections were heard and no written objections to the (Assessment levied by resolution later I 4. STREET IMPROVEMENT NO. BA-301 Location: Malibu Drive from Parkwood Knolls to Landmark Addition Analysis of assessment for Street Improvement No. 301 showed total construction cost at $44,314.57 proposed to be assessed against 11 assessable units at $2,014.30 per lot, plus Outlot A at $22,157.27 (50%). Assessment to be spread over ten years. proposed assessment were received prior hereto. later in Minutes.) No objections were heard and no written objections to the (Assessment levied by resolution 5. SANITARY SEWER IMPROVEMENT NO. SS-383 Location: Post Lane from McCauley Circle to McCauley Terrace Analysis of assessment for Sanitary Sewer Improvement No. SS-383 showed total construction cost of $17,051.82 proposed to be assessed against two lots at $8,525.91 per lot. Assessment to be spread over ten years. heard and no written objections to the proposed assessment were received prior hereto. No objections were (Assessment levied by resolution later in Minutes.) 6. STREET LIGHTING IMPROVEMENT NO. L-35 Location: 7017 and 7019 Antrim Road Analysis of assessment for Street Lighting Improvement No. L-35 showed total construction cost of $489.00 proposed to be assessed against two lots at $244.50 per lot. Assessment to be spread over three years. No objections were heard and no written objections to the proposed assessment were received prior hereto. (Assessment levied by resolution later in Minutes.) 7. AQUATIC WEEDS IMPROVEMENT NO. AQ-93 Location: Indianhead Lake Analysis of assessment for Aquatic Weeds Improvement No. AQ-93 for Indianhead 28 10/4/93 Lake showed total cost of $7,111.06 proposed to be assessed against 33 homes at $215.49 per home. Location: Mill Pond Analysis of assessment for Aquatic Weeds Improvement No. AQ-93 for Mill Pond showed total cost of $6,500.00, less City contribution of $1,500.00, for a total assessable cost of $5,000.00 proposed to be assessed against 63 homes at $79.37 per home. No objections were heard and no written objections to the proposed assessment were received prior hereto. One year assessment payable in 1994. I One year assessment payable in 1993. (Assessment levied by resolution later in Minutes.) 8. MAINTENANCE IMPROVEMENT NO. M-93 Location: 50th and France Business District Analysis of assessment for Maintenance Improvement No. M-93 showed total maintenance cost of $61,166.66 proposed to be assessed against 325,212 assessable feet at $0.188082 per foot. were heard and no written objections had been received prior hereto. (Assessment levied by resolution later in Minutes.) One year assessment payable in 1994. No objections 9. TREE REMOV& PROJECT NO. TR-93 Locations: 5901 Wooddale Avenue, 4750 West 44th Street, 5500-04 France Avenue, 3805 West 54th Street, 4640 Edgebrook Place Analysis of assessment for removal of diseased trees showed total cost of $4,209.74 proposed to be assessed against five parcels. be spread over three years for 5901 Wooddale Avenue; assessment of $947.85 to be spread over five years for 4750 West 44th Street; assessment of $921.23 to be spread over five years for 5500-04 France Avenue; assessment of $905.25 to be spread over five years for 3805 West 54th Street; assessment of $1,011.75 to be spread over six years for 4640 Edgebrook Place. written objections had been received prior hereto. resolution later in Minutes.) Assessment of $423.66 to No objections were heard and no (Assessment levied by II 10. TREE TRIMMING PROJECT NO. TT-93 Location: An area bounded by Highway 100 on the East, Vernon Avenue on the South, Highway 169 on the West and City boundary line on the North. Analysis of assessment for Tree Trimming Project TT-93 showed total cost of $35,576.00 proposed to be assessed against properties of 235 residents for trimming of 652 trees: 12" and over - 10,454 in. @ $3.25/inch Average cost per tree was $55.00. objections to the proposed assessment were received from Helen M. Peterson, 316 Van Buren Avenue; Bert Rubens, 5316 West Highwood Drive; Marcia and Bruce Carlson, 404 Van Buren Avenue; Calvin Smith, 5221 Lochloy Drive; Margery Harris, 6017 Pine Grove Road. Owners of the following properties also appeared in person to object to the proposed assessment: 316 Van Buren Avenue (trimmed too high, tree may not be on boulevard) 6017 Pine Grove Road (trimmed too high, trees may not be on boulevard), 5221 Lochloy Drive (not property owner's trees, no uniformity in trimming project), 405 Griffith Street (trees not on boulevard), 409 Griffith Street (trees may not be on boulevard, branch overhanging house not trimmed). By Council consensus staff was directed to field check the properties in question. of Member Rice, seconded by Member Paulus and carried unanimously, except that the hearing for the proposed assessment for 316 Van Buren Avenue, 6017 Pine Grove Road, 5221 Lochloy Drive, 405 Griffith Street and 409 Griffith Street was continued to October 18, 1993. (Assessment levied by resolution later in Minutes. ) Following the presentation of analysis of assessments, Member Smith introduced the following resolution and moved adoption: $33,975.50 Under 12" - 582 in. @ $2.75/inch $ 1,600.50 One year assessment payable in 1994. Written Assessment for Wee Trimming Project No. TT-93 approved by motion I SPECIAL ASSESSMEKCS LEVIED OH ACCOIRipI: OF VARIOUS mJBLIC IkEROVEHEN!K PROJECTS The City has given notice of hearings as required by law on the proposed BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, as follows: 1. 10/4/93 29 assessment rolls for the improvements and projects hereinafter referred to, and at such hearings held on October 4, 1993, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the folloving improvements: Street Improvement No. BA-296 Street Improvement No. BA-298 Street Improvement No. BA-300 Street Improvement No. BA-301 Sanitary Sever Improvement No. SS-383 Street Lighting Improvement No. L-35 Aquatic Weeds Improvement No. AQ-93 Maintenance Improvement No. M-93 Tree Removal Project No. TB-93 Tree Trimming Project No. 'IT-93 I does not exceed the local benefits conferred by said bprovements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements and projects to be spread against the benefitted lots, parcels and tracts of land described therein. 3. installments, together with interest at a rate of 7.5% per annum, on the entire assessment from the date hereof to December 31, 1994, to be payable vith the general taxes for the year 1994. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. number of such annual installments shall be as follows: STREET IMPROVEMENT NO. BA-296 (Levy NO. 12873) 10 years STREET IHPROM NO. RA-298 (Levy NO. 12874) 10 years STREET IHPROVEMENT NO. BA-300 (Levy NO. 12875) 10 years STREET IMPROW2EN!i! NO. BA-301 (Levy NO. 12876) 10 years SANITARY SEWER IMPROVEMENT NO. SS-383 (Lev NO. 12872) 10 years STREET LIGHTING IMPRO- NO. L-35 (Levy NO. 12871) 3 years AQUATIC WEEDS IMPROVEMENT NO. AQ-93 (Levy NO. 12866) 1 year MAINTENANCE IMPROVEMENT NO. If-93 (Ley NO. 12863) 1 year TREE REMOVAL PROJECT NO. TB-93: (Levy NO. 12868) 3 years (Levy No. 12869) 5 years (Levy No. 12870) 6 years The assessments shall be payable in equal installments, the first of said The Name of Improvement No. of Installments TREE TRIMMING PROJECT NO. TT-93 (Levy NO. 12867) 1 year 4. The City Clerk shall forthvith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance vith this resolution. 5. The City Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the owner of any right-of- vay as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PUBLIC HEARINGS CONDUCTED CONCURRENTLY: AMENDMENT OF REDEVELOPMENT AGREJWENT AND CONTRACT FOR DEED AND CONSENT TO DEVELOPMENT RIGHTS FOR OUTLOT A. SOUTH EDINA DEVELOPMENT ADDITION APPROVED BY ERA: AMENDMENT OF CEWTENNIAL LAKES MASTER PLAN, FINAL SITE PLAN AND PRELIMINARY PLAT FOR OUTLOT A. SOUTH EDm DEVELOPMENT ADDITION APPROVED BY COUNCIL ordered placed on file. Affidavits of Notice were presented, approved and The HFU Commissioners and Council Members considered 30 concurrently the following recommended actions relating to the Centennial Lakes development, and specifically, to Outlot A, South Edina Development Addition, with action taken by each body as recorded below: 1. 2. 3. Approval of Preliminary Plat. (Council) Amendment of Redevelopment Agreement, Amendment of Contract for Deed and Consent to Assignment of Development Rights. Amendment to Centennial Lakes Master Plan and Approval of Final Site Plan. (Council) . (HRA) Presentation bv Planner and HRA Director Planner Larsen advised that the subject property is located in the northeasterly comer of the Centennial Lakes development and is approximately 9.5 acres in size. Place Condominiums. the pond area are the Centennial Lakes theaters and the medical office building. Adjacent land uses to the east include South Haven apartments and Edina To the north and west is City owned park property. Across The Centennial Lakes master plan illustrated development of this site with 406 dwelling units and anticipated a development similar to the housing phase. The new development proposal by Laukka Jarvis, Inc. illustrates a 98 unit townhouse development with a density of approximately 10 units per acre. utilize an apartment style under-building garage. The units will The development will offer three different unit sizes: 20 feet wide, 26 foot wide and 30 foot wide, ranging from 1760 square feet to 2640 square feet in area. All features of the development, including setbacks from property lines and parking, would comply with ordinance requirements. landscaping on site, an agreement has been reached between the developers and staff for off-site landscaping along the north and west property lines within the area of what is now City-owned park. The proposed development would suggest a land exchange with the City along the common property lines whereby the City would receive 3,665 square feet in exchange for three parcels totalling 3,665 square feet. property lines would be similar to what occurred in Phase I of Centennial Lakes. Also included would be acquisition and transfer of a parcel measuring 125.00 x 289.54 feet of excess property from South Haven senior residence which adjoins the east boundary of Outlot A. efficient development for Outlot A. land transfer. requirements after the transfer. While the plans only illustrate I This adjustment of The proposed transfer would allow a more The Board of South Haven has agreed to the The South Haven residence would continue to conform to zoning The Planning Commission considered the proposal on September 1, 1993, and recommended approval, subject to: 1) final plat approval, and 2) executed development agreement covering the public/private issues associated with the proposed project. with and also complimentary to the uses within Centennial Lakes and Edinborough and elsewhere in southeast Edina. The Commission felt the proposed development was compatible HRA Director Hughes explained that the Redevelopment Agreement and the Contract for Deed for the Centennial Lakes development closed in October, 1988. Agreement was executed by the HRA and South Edina Development Corporation (SED). A Contract for Deed was executed by the HRA and the estate of Fred W. Hedberg (Hedberg). project which included a multi-screen movie theater, a medical building, a retail plaza, an assisted condominium development, and a 240,000 square foot multi- tenant office building. All Phase I public improvements (acquisition and initial development of Central Park and North Park and abutting roadways) have been completed. The The Agreement dealt primarily with Phase I of the Centennial Lakes 1014193 .. 31 He explained that the proposed amendments would transfer all development rights and obligations for Outlot A from South Edina Development Corporation (the HRA's development) to Laukka Jarvis, Inc. Among other obligations, Laukka Jawis would be responsible for payment of the park dedication fees for the parcel of approximately $123,000.00. With respect to the South Haven property transfer, the HEW would acquire the approximately 36,000 square feet of excess land from South Haven. acquisition would then be transferred via Hedberg to Laukka Jarvis who will pay all associated costs. The The final street improvement for Centennial Lakes would be construction of Parklawn Avenue and bridge. The proposed amendments would provide a method for financing the project cost as follows : The estimated cost of this project is $1,921,500.00. (i) The City would designate Parklawn Avenue as a municipal state aid street and utilize gas tax funds to finance the improvement. (ii) The City would assess the entire cost of the project on a square foot basis against Outlot A and all vacant land south of West 76th Street which is subject to the Contract for Deed. (iii) The assessment would be spread over 10 years but would be prepaid as townhouse units are sold. (iv) The HRA would assume that part of the assessment against the area south of West 76th Street that would be attributable to the contemplated future acquisition of South Park. development become available. This would be paid as tax increments from the (v) West 76th Street (except the South Park area) would be deferred until the earlier of 10 years, or the commencement of development on a parcel by parcel basis. After 10 years, installments of special assessments would be due on any remaining undeveloped land and would be payable over the next 10 years by Hedberg or the developer. The assessment levied against the remainder of the property south of (vi) All installments of special assessments would be credited to the City's state aid account. HEW Director Hughes said that payments for Outlot A made by Laukka Jarvis would be credited against the outstanding balance of the Contract for Deed. consideration, Hedberg has agreed to extend the term of the Contract from 1998 to 2000. of its development rights for the land south of West 76th Street until 2000, citing that market conditions may delay office development. In South Edina Development Corporation has summarily requested an extension Presentation bv DeveloDer Peter Jarvis, Laukka Jarvis, Inc., said the concept for the 98 unit townhouse development was to create a European style row townhouse development that would be a very different product, both architecturally and in site planning form, from the statement that has been made at Centennial Lakes and that was originally made at Edinborough. He noted that Dennis Sutliff, BRW, who is the architect for the project was also the project architect for both Edinborough Park and the Centrum Building at Centennial Lakes. Mr. Jarvis said that, upon completion of the Centennial Lakes condominium building #5, there was a tremendous interest shown in living in the Centennial 32 10/4/93 Lakes community by people who said they would prefer a townhouse type of unit. About two-thirds of the 700 names were Edina empty-nesters who are ready to move into a maintenance-free life style environment. Mr. Jarvis pointed out that the site plan illustrates a crescent cul-de-sac street from Parklawn Avenue running northerly along the easterly portion of the site to provide access to the townhouse units on the crescent. A series of interior east/west cul-de-sacs leading from the crescent street would provide access to the row townhouse units on the rest of the site. All 26 foot and 30 foot units would have two-space under ground parking. have one under ground parking space. service all units from the garage level to the first floor. customized to individual tastes. provided on each street. The 20 foot units would Units would be In addition, an electric dumb-waiter would Surface parallel parking for guests would be A frontal elevation graphic of the four-unit model complex illustrated the non-contemporary architectural style stucco and brick units. Mr. Jarvis pointed out that the architectural features would vary to include bay windows, bow windows and projected box windows. Secondly, there will be a one foot step in elevation for each unit working from the west to the east to provide variety in terms of the roofscape. Each townhouse unit would have an individually maintained and tailored landscaped private backyard, equal to the width of the unit and 20 feet deep, that would be fenced. All building front maintenance would be provided as a responsibility of the homeowners' association. paver variety as was used for the Park Centrum area. If the project is approved, Mr. Janris said they expect to finalize the financing within the next few weeks and would hope to be under construction with the model complex within 45-60 days. They anticipate opening the fully furnished model units by the first of March, 1994, when the project will be launched with a grand opening. public improvements (sanitary sewer and watermain) and will also be petitioning for the off-site public improvements, i.e. completion of Parklawn Avenue and bridge and related minor storm sewer work. All street and parking construction would be of a Mr. Jarvis advised that they have petitioned the City for some on-site In conclusion, Mr. Jarvis said that, with KuD's participation on the transfer back to the City of the South Haven excess property, they will be back before Council on November 1, 1993, for final plat approval for Phase I (the four-unit model complex) and an outlot for the balance of the site. The project will proceed on a building by building basis subject to 50% pre-sale, with total completion anticipated in three years. Public Comment Mayor Richards then called for public comment on the proposed townhouse development and the proposed amendments. heard. The following correspondence was noted: 1) letter opposing the development from Charles F. May, 7200 York Avenue, and 2) letter regarding Centennial Lakes unit #6212 from Irene Senum, 7420 Edinborough Way. No public comment or objection was HRA/Council Action Commissioner Smith introduced the following resolution and moved adoption: RESOUPTION APPROVING AMENDED AND RESTATED CONTRACT FOB DEED AND CERTAIN OTEtER A-S BEIATIEIG TO THE DEWIBPMENT OF OUTLOT A OF THE SOUTH EDINA DEVELOP"T ADDITION BE IT RESOLVED by the Board of Commissioners of the Edina Housing and Redevelopment Authority (the "Hgh"), as follovs: 10/4/93 1. Recitals. Restatement of She Contract for Deed (the "Amended Contract for Deed") between the Hedbergs, as vendor, and the €IRA, as vendee, wbich provides for certain amendments to the existing Contract for Deed between the Hedbergs and the HRA, and that the HRA enter into certain other agreements in connection with the townhouse development proposed on Outlot A, South Edina Development Addition, by Laukka Jarvis, Inc. The amendments to the existing Contract for Deed proposed to be made by the Amended Contract for Deed extend the term of the Contract for Deed for two (2) years; and relate to the proposed development of Outlot A. 2. Amrovals. The execution and delivery by the Chairman and Secretary of the HRA of the Amended Contract for Deed and the other agreements with respect to the proposed townhouse development on Outlot A on behalf of the HRA shall be in the form approved by the Chairman and Secretary of the HRA and the attorney for the HRA, which approval shall be conclusively presumed by the execution and delivery of such agreements by the HRA. execute such other instruments on behalf of the ERA as may be required to give effect to the transaction herein contemplated. It has been proposed that the HRA enter into an Amendment and The Chairman and Secretary are also authorized to Secretary Motion for adoption of the resolution was seconded by Commissioner Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Kelly introduced the following resolutions and moved adoption: BESOLUTION APPROVING AMENDMENT TO OVERALL DEVEMPMENT PLAN FOR CENTENNIAL LAKES AND APPROVING FINAL SITE PLAN FOR ODTLOT A, SOUTH EDINA DEVELOPMENT ADDITION BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, that the Overall Development Plan for Centennial Lakes (Outlot A, South Edina Development Addition) is hereby amended to allow construction of a 98 unit townhouse development as proposed and presented by Laukka Jarvis, Inc. at the regular meeting of the City Council of October 4, 1993; BE IT FURTHER RESOLVED that the Final Site Plan for the aforementioned townhouse development is hereby approved. RESOLUTION APPROVING PRELIMINARY PLAT FOR CENTENNIAL LAKES ADDITION BE IT RESOLVEI) by the City Council of the City of Edina, Minnesota, that that certain plat entitled "CENTENNIAL LAKES ADDITION", platted by Laukka Jarvis, Inc., a Minnesota corporation, and presented at the regular meeting of the Ciq Council of October 4, 1993, be and is hereby granted preliminary plat approval. Motion for adoption of the resolutions was seconded by Member Smith. Rollcall : Ayes : Resolutions adopted. Kelly, Paulus , Rice, Smith, Richards VACATION OF DRAINAGE AND STORM SERER EASEMENTS GRANTED FOR MT 9 AND PART OF LOT 10. BUCK 1. CHEROKEE HILIS Affidavits of Notice were presented, approved and ordered placed on file. 33 Presentation bv Engineer Engineer Hoffman told Council that the owner of Lot 9, Block 1, Cherokee Hills (6509 Navaho Trail) has sold the property. During the closing, it was discovered 10/4/93 .. 34 that a portion of the garage and deck encroached on an easement for drainage and storm sewer purposes. After reviewing the issue, staff can recommend vacating a portion of the easement without harm to the City's ability to maintain the storm sewer. Hearing no public comment or objection, Member Kelly introduced the following resolution and wed adoption: The utility companies do not object to the proposed vacation. RESOLUTION VACATING ECLSEMEWXS FOR DRAINAGE AND STORM SEUER PUBPOSES IN THE CITY OF EDIHh WHEREAS, a resolution of the City Council, adopted the 7th day of September, 1993, fixed a date for a public hearing on a proposed vacation of easements for drainage and storm sewer purposes; and FTHEaEBs, two weeks' published and posted notice of said hearing was given and the hearing was held on the 4th day of October, 1993, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and VHEBEBS, the Council deems it to be in the best interest of the City and of the public that said easement vacations be made; and VHEREBS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sever lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEBeFORE, BE IT RESOLVED by the City Council of the City of Ed-, Hennepin County, lUILZlesota, that the following described easement for drainage purposes: That part of Lot 9 and that part of Lot 10, Block 1, Cherokee Hills, lying Southerly of a line drawn from the Southeast corner of said Lot10 to a point on the Westerly line of said Lot 10, distant 25 feet Northerly of the Southwest corner thereof, lying within a 20 foot wide strip of land the centerline of which is described as follows: Beglsning at a point on the West line of Lot 10, which point is 32 feet, more or less, Northerly of the southwesterly corner of said Lot 10; thence Southeasterly to a point on the South line of said Lot 10, which point is 70 feet, more or less, Easterly of the Southwesterly corner of said Lot 10; thence Southeasterly to a point on the South line of Lot 9, which point is 20 feet, more or less, Westerly of the Southeasterly corner of said Lot 9; That part of Lot 9, Block 1, Cherokee Hills, Hennepin County, Minnesota which lies northerly and northeasterly and within 3 feet of the Southerly and Southwesterly lines of the following described easement: A 20 foot strip of land, the centerline of which is described as follows: and the following described portion of an easement for storm sewer purposes: Beginning at a point on the west line of Tat 10, Block 1, which point is 36.7 feet north of the Southwest corner of thence southeasterly to a point on the South line of said point is 55 feet West of the Southeast corner of satd Lot Southeasterly to a point on the South line of said Lot 9, feet Vest of the Southeast corner of said Lot 9, as shown 1199507; be and is hereby vacated effective as of October 4, 1994. Cherokee Hills, said Lot 10; Lot 10, which 10 ; thence which point is 12 in Document No The Ciw Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed vith the County Recorder in accordance vith Minnesota Statutes, Section 412.851. Motion was seconded by Mayor Richards. Rollcall : Ayes: Kelly, Paulus, Smith, Richards 10/4/93 35 (Member Rice was temporarily absent on rollcall vote.) Resolution adopted. ORDINANCE NO. 1993-11 (TO CHANGE THE HOURS OF SALE FOR LIQUOR AND WINE) GRANTED FIRST READING on file. Affidavits of Notice were presented, approved and ordered placed Assistant Manager Hughes recalled that at its meeting of September 7, 1993, Council ordered a public hearing for October 4, 1993, for the purpose of considering Ordinance No. 1993-11 - An Ordinance Amending Section 900 of the City Code to Change the Hours of Sale for Liquor and Wine. Notice of this hearing has been published in the Edina Sun-Current and has been mailed to all establishments licensed to sell beer and wine, all churches, Edina Country Club and Interlachen Country Club. The current City ordinance prohibits the sale of alcoholic beverages prior to noon on Sundays. licensed to sell wine or intoxicating malt liquor would be allowed to commence sales at 1O:OO A.M. on Sundays. sale of food. and Interlachen Country Club which also hold Sunday sale licenses for the sale of intoxicating liquor. If the proposed ordinance were adopted, all establishments Such sales must be made in conjunction with the The proposed ordinance would also apply to the Edina Country Club Public Comment Keith Hilgendorf, Executive Director of Edina Chamber of Commerce, asked the Council, on behalf of the Chamber Board of Directors, to give serious consideration to adopting the ordinance in order to provide the structure within which Edina restaurants could remain competitive with those in neighboring communities. Bob Gillman stated that he was representing Ciatti‘s at 3220 West Galleria. echoed the comments of Mr. Hilgendorf and asked that Edina restaurants be allowed to offer a champagne brunch if they choose so as to be competitive with Bloomington restaurants on 1-494. He Council Comment/Action Member Rice commented that, while he was in favor of the ordinance, he would suggest that the Council move cautiously and include a sunset provision of one year so that Council could review its effect. Mayor Richards commented that he was not in favor of amending the Code because he was not persuaded that this would be in the community’s best interests. Member Smith said he concurred and did not feel two additional hours on Sunday would make that much difference in business. He also noted the lack of public support for the ordinance amendment. Member Kelly stated she would support the amendment because she believed the two hour difference in serving time would allow Edina restaurants to be competitive. Member Kelly moved First Reading of Ordinance No. 1993-11 - An Ordinance Amending Section 900 of the City Code to Change the Hours of Sale for Liquor and Wine, to include a one year sunset provision. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice Nays: Smith, Richards First Reading Granted. *BID AWARDED FOR NORMANDALE GOU COURSE CLUBHOUSE Motion was made by Member 10/4/93 36 Smith and vas seconded by Member Kelly for award of bid for the Normandale Golf Course Clubhouse to recommended low bidder, Hunerberg Construction, at $381,300.00. I Motion carried on rollcall vote - five ayes. *BID AWARDED FOR RECONSTRUCTION OF GARDEN PARK TENNIS COURTS Member Smith and was seconded by Member Kelly for award of bid for reconstruction of the Garden Park Tennis Courts to recommended low bidder, Finley Brothers Enterprises, at $16,883.00. Motion vas made by Motion carried on rollcall vote - five ayes. *BID AWARDED FOR 1994 EDIHh PARK AND RECREATION DEPARTMENT ACTIVITY BROCHURE Motion vas made by Member Smith and was seconded by Member Kelly for award of bid for the 1994 Ed- Park and Recreation Department Activity Brochure to recommended low bidder, Color Proof Printing, at $6,464.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR PRODUCTION SERVICES FOR AUTUMN ISSUE OF ABOUT TOWN MAGAZINE Motion was made by Member Smith and was seconded by Member Kelly for award of bid for production sedces for the autumn issue of About Town magazine to J. Patrick Moore, IaHaster, Farmer, at $12,000.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SNOW PLOW AND HyDRhuLIC UIHG and vas seconded by Member Kelly for award of bid for one snow plow and hydraulic ving to recommended low bidder, J-Craft, at $8,272.70. Motion was made by Member Smith Motion carried on rollcall vote - five aye. *BID AWARDED FOR BITUMINOUS ALLEY IHPRO~ NO. E-33 (U. 64TH STReET AND XERXES AVENUE1 Motion was made by Member Smith and was seconded by Member Kelly for award of bid for bituminous Alley Improvement No. E-33 (U. 64th Street and Xerxes Avenue) to recommended low bidder, Alber Construction, Inc., at $8,638.00. Motion carried on rollcall vote - five ayes. STORM WATER ISSUES -: C0NTI"ED TO NOVEMBER 15. 1993 Engineer Hoffman briefly reviewed the issues that were discussed at the meeting of September 20, 1993, concerning two specific areas that have experienced repeated flooding. West 58th Street/Concord Avenue Recommended improvements to reduce flooding potential: 1) Increase inlet capacity. 2) 3) 4) Installation of curb and gutter to minimize flow-by from streets. Reconstruction of the intersection of West 58th and Concord to flow toward Concord basin. (completed) Increase pipe and inlet capacity discharging into Concord basin. Staff feasibility review and cost estimating of these improvements indicated that they are within the scope of the criteria for funding by the stormwater utility. Engineer Hoffman reminded Council that the current policy on the stormwater utility is to use the fund: 1) to maintain and repair existing system, 2) construct projects which lower flood potential, and 3) move flooding potential from private to public property, i.e. parks and golf courses. used for new development. The issue of potential City liability was raised by Council in regard to suggested work at the homes at 5801 and 5805 Concord Avenue. Engineer Hoffman advised that, upon checking the Uniform Building Code, the Building Official's responsibility is to ensure that buildings meet code requirements. The fund is not I There is no 1014193 "1 , .-~ 37 assurance implied by drawing a building permit that upon completion the structure will be protected from flood water. submitted a memorandum regarding City liability for diversion of surface waters. The rule in Minnesota appears to be that while it is not a duty of a city to install a storm sewer system or to install a system that is adequate to take care of all water, a duty exists to repair and maintain a storm sewer system. He added that City Attorney Gilligan had In response to the question of-programs in other cities, Engineer Hoffman told Council that in 1988 the City of Bloomington developed a Flood Proofing Grant Program through its Housing and Redevelopment Authority (HRA). designed to serve Bloomington property owners whose property is subject to recurrent flooding. homes. 25% flood level. harmless and indemnify the City of Bloomington from any subsequent flood-related damages to the premises. The program was The purpose of the program was to minimize flood damage to Properties eligible for the program must fall within the 100 year plus The property owner is required to sign a covenant to hold West 66th Street/Naomi Drive Recommended improvements to reduce flooding potential: 1) 2) 3) Installation of a 24 inch storm sewer from Naomi Drive depression to Nine Mile Creek. Installation of 10 CFS pump outlet to Normandale Park. Storage excavation in Normandale Park: (a) 1.9 acre-feet with pipe outlet. (b) 2.5 acre-feet with pump outlet. Estimated costs for improvements #1 and #2 range from $150,000 to $250,000. question becomes should that amount of public funds be invested in the project. An alternative would be to do improvement #3 and change the road beds on Naomi Drive and Kenney Place to try to build a system large enough to hold more surface runoff water versus doing work in the backyards and to the structures at 6605, 6609 and 6613 Naomi Drive. The Engineer Hoffman recalled that the neighbors who were at the last meeting had asked that the City look at all possible alternatives and encouraged a well thought-out approach to the issues. continued to November 15, 1993, so further study of the issues could be made. Staff would recommend that this matter be Engineer Hoffman responded to Member Kelly that there are about 25 to 30 properties along Minnehaha Creek that were built during the 40's and 50's and previous to any flood studies. feet lower than the 100-year flood elevation. Properties along the Nine Mile Creek are built at or above the published elevation plus one foot and are alright. 30 or 40 years ago, such as the subject properties that have been named, which are in the same category, i.e. slightly below the 100-year flood level. The home are sited approximately three to four There are about 10 other properties in the City that were built upland Don Krebs, 6605 Naomi Drive, said he and his neighbors are encouraged by this start, will be patient and will follow through on efforts to lessen flooding in their neighborhood. After discussion, Council directed staff to bring back on November 15, 1993, a study of all properties in Edina with flood potential together with a recommended program and approximate cost estimates, total cost of which would not exceed $250,000, that would address the problem of recurrent flooding. PARK BOARD RECOMMENDATIONS PRESENTED: GOLF TOIWUHENT APPROVED FOR AUGUST 20 fiND 21. 1994 Board had approved the following three recommendations for action by the Council: 1. Park Director Kojetin told Council that at its last meeting the Park That Wooddale Park ballfield not be renamed Philip Wesely Field (as a 38 10/4/93 memorial) at this time. 2. That the 1994 Minnesota State Public Links Championship be held at Braemar Golf Course on August 20 and 21, 1994. 3. That the Braemar Tennis Courts be closed instead of being recons truc t ed . Wooddale Park Ballfield - Director Kojetin informed Council of what has already been done at Wooddale Park with funds donated in memory of Philip Wesely. Mayor Richards suggested that this recommendation be held over to October 18, 1993, as requested by phone call from Mr. Lewis Wesely. I 1994 Minnesota State Public Links Championshir, - Director Kojetin reported that the Park Board had received a written request from John Valliere, Braemar Golf Course Manager, that the 1994 Minnesota State Public Links Championship be held at Braemar Golf Course on August 20 and 21, 1994. unanimously to grant this request. the 1994 Hknesota State Public Links Championship tournament at Braemar Golf Course on August 20 and 21, 1994. The Park Board voted Member Smith made a motion to approve holding Member Kelly seconded the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Braemar Tennis Courts - Director Kojetin noted that the Park Board reviewed the proposed capital improvement program for 1994, and specifically the condition of the tennis courts at Braemar and Garden Park. Following lengthy discussion, the Park Board recommended that the Braemar tennis courts be closed and removed because reconstruction would cost approximately $30,000 and because the Lewis Park courts are nearby. Following discussion, it was the consensus of the Council to direct the Park Board and staff to do an analysis of all public tennis courts in Edina as to demand, usage and condition and to bring back a report and recommendations to Council in six months. DEW MANAGEHEKC REPORT DISCUSSED at its meeting of September 20, 1993, the Council reviewed survey results concerning deer population control in Edina. Council discussed the merits of establishing a citizen committee for the purpose of reviewing the survey and other information and preparing a recommendation for Council's consideration. Discuss the possibility of a joint committee with the City of Eden Prairie. Suggest potential candidates to serve on a citizen committee. Assistant Manager Hughes reminded Council that After reviewing the report, the Staff was requested to: 1) 2) Assistant Manager Hughes reported that he had met with the Eden Prairie staff coordinator of their deer study. and has been meeting twice a month since early August. scheduled a public hearing on September 30, 1993, to receive residents' testimony. difficult to now introduce Edina participants into their process. that if each City independently agreed that control efforts were warranted, it would be appropriate to cooperate with respect to the implementation of a control program. be part of such a program if authorized. Assistant Manager Hughes then presented a list of individuals who identified themselves on the deer survey, categorized according to their responses. If Council would desire to establish a committee, staff would suggest it comprise members of the Park Board, and perhaps the Planning Commission, to accommodate a diversity of viewpoints. The Eden Prairie committee has been established The committee has Given the current status of the Eden Prairie committee, it would be It was agreed It was also agreed that the cities of Bloomington and Minnetonka could I * 10/4/93 '" Vic Kreuziger, 6705 Cheyenne Trail, argued for formation of a committee to represent the Edina community and reach a consensus because Edina's situation is different in that the deer are moving into an established community. Member Rice commented that, although he did not object to such a committee, he felt the Council could make a decision on the subject of deer management based on recommendations of staff. Member Smith reiterated that this a regional issue and that staff from the various cities should handle the problem and make the recommendations. made by the Council, regardless of viewpoints of individual citizens, and would be made after a public hearing on the issue. City's resources are limited and that it would be frustrating to use the time of residents on a committee because the City does not know what can be done legally to control the deer population. must be made soon on this issue. Mayor Richards interjected that any decision will have to be Member Paulus observed that the Member Kelly observed that a definite decision In response to the Council, Assistant Manager Hughes answered that he could present a proposed plan regarding deer control at the meeting of December 6, 1993, for Council review and discussion. REPORT GIVEN ON PLAC- OF GARBAGE/RECYCLII'?G CONTAINERS Recycling Coordinator Chandler reported that placement of garbage and recyclables at the curb has been a concern raised by the Council on several occasions. three points: The concerns centered on 1) 2) residents placing recyclables at the curb, and 3) residents placing garbage at the curb, careless handling and placement of the recycling bin by the drivers. Coordinator Chandler said that a survey was taken in response to those concerns to determine the extent of code compliance in selected neighborhoods. On the days surveyed, 12% of the households had recycling bins at the curb, and 11% had garbage containers at the curb. at some point between the curb and the house or garage. An additional 3% had placed recycling containers Staff would recommend hiring a college student for the summer months of 1994, at a cost of about $3,600.00 to monitor compliance with the code and to follow-up with a course of action to gain greater compliance. Member Paulus commented that the City should not spend additional funds to patrol the placement of containers and questioned the enforceability of the ordinance. Member Smith added that the drivers are also at fault because they do not return the containers to the proper place. comply and that he felt citizens who are recycling should not be penalized if they place the container at the curb. Mayor Richards commented that most people do Member Kelly made a motion to approve the staff recommendation as presented. Motion failed for lack of second. Member Smith made a motion directing staff to: 1) meet with the licensed haulers to remind them of the Code requirements, and 2) that an information brochure be made available, especially to new residents, containing explicit information concerning placement of garbage, recyclables and yard waste. by Member Kelly. Motion was seconded Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. HIGH-SPEED BUS TRANSIT REPORT TO BE PRESENTED AT MEETING OF OCTOBER 18. 1993 Assistant Manager Hughes recommended that the report on high-speed bus transit be continued to the regular Council meeting of October 18, 1993, due to the absence 39 10/4/93 40 of Manager Rosland. *HEARJXG DATE OF 11/01/93 SET FOR VACATION OF DRAINAGE. UTILITY AND CONSERVATION EASEMENTS - LOT 1. BZX)CK 2 TBFT ADDITION (5020 SCRIVELt ROAD1 Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: I RESOLUTION CBI;LZNG FOR PUBLIC HEARING ON VACATION OF EASEMENTS FOR DRAINAGE, UTILITY AND CONSERVATION PURPOSES BE IT RESOLVED by the City Council .of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined, after receipt of the petition of the owners of land affected thereby, that the following described easements for drainage, utility and conservation purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29 : That part of Lot 1, Block 2, TAFT ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies easterly of the vest 5.00 feet of said Lot 1, southerly of "Line 1" described below, and northerly of "Line 2" described below. "Line 1": A line which intersects the vest line of said Lot 1, distant 108.00 feet southerly of the northwest corner of said Lot 1 and intersects the east line of Lot 2, said Block 2, distant 228.00 feet southerly of the northeast corner of said Lot 2. "Line 2": Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South along the vest line of said Lot 1 a distance of 168.00 feet to the point of beginning of the line to be described; thence North 86 degrees 47 miwtes 13 seconds East a distance of 100.00 feet and there terminating. I 2. included in paragraph 3 hereof for the purpose of holding a public hearing on vhether 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 Ed% Sun-Current, 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. This Council shall meet at the time and place specified in the form of notice Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC €lEARING ON VACATION OF EBSEHENT FOR DRAINAGE, UTILITP fiND CONSERVATION PURPOSES IN TEE CITY OF EDINA HENNEPIN COUNTP, HRVNESOTA NOTICE IS HIIREBY GI" that the City Council of the City of Edina, Hennepin County, MIPPesota, vi11 meet at the Edina City Hall, 4801 West 50th Street on November 1, 1993, at 7:OO P.M., for the purpose of holding a public hearing on the proposedvacation of the following easements for drainage and utility and consemation purposes : All persons who desire to be heard with respect to the question of vhether or not the above proposed easements vacation is in the public interest and should be made shall be heard at said time and place. I (Legal description same as paragraph 1. above.) The Council shall consider the 1014193 -, 41 extent to vhich such proposed easements vacation affects existing easements vithin the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to conthue maintaining the same or to remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all-of any such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF TEE EDIJ!?A CITY COUNCIL. Motion carried on rollcall vote - five ayes. PUBLIC HEARING CONDUCTED: RESOLUTION ADOPTED APPROVING ISSUAHCE OF BONDS BY CITY OF HINNEAPOLIS TO FINANCE A PROJECT AND REFUND BONDS ON BEHAKF OF FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES City Attorney Gilligan stated that this public hearing was being held because of a request from Fairview Hospital on the proposed issuance of revenue bonds by the City of Minneapolis to finance improvements at Fairview Southdale Hospital and to refund bonds previously issued by Minneapolis and Edina on behalf of Fairview. He noted that Mike Umland, Financial Planning Manager with Fairview Southdale Hospital, was present to answer questions. Mr. Umland said nothing had changed since the preliminary presentation by Mark Enger of Fairview Southdale at the Council meeting of September 7, 1993. Mayor Richards asked if the City of Edina would incur any financial expenses in connection with the proposed bond sale. Attorney Gilligan answered that the City of Edina would incur no financial responsibility. The City of Edina will be paid a fee depending upon the amount of the bond proceeds that are applied to Fairview facilities within Edina. responsibility of Fairview Hospital. All expenses associated with the bond sale will be the Member Smith introduced the following resolution and moved adoption: RESOLUTION APPROVING TBE ISSUANCE OF BONDS BY THE CITY OF MINNEAPOLIS TO FINANCE A PROJECT AND RE- BONDS ON BEHALF OF FAIRVIEW HOSPITAL AND EEALTHCARE SERVICES UNDER THE IEIXEIESOTA STATU!CES, SECTION 469.152 TO 469.165. BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City"), as follows: SECTION 1 Recitals and Findinns 1.1 This Council has received a proposal from Fairview Hospital and Healthcare Services, a Minnesota nonprofit corporation ("Fairview"), that the City authorize the City of Minneapolis, Minnesota ("Minneapolis") to issue bonds under Minnesota Statutes, Sections 469.152 through 469.165 (the "Act") to (i) finance the construction and improvement of certain facilities of Fairview located in the City (the "Edina Project"), (ii) refund the outstanding Hospital System Revenue Bonds, the 1978 Series A (Fairview Community Hospitals) (the "1978 Bonds"), previously issued by the City of Minneapolis, Minnesota (Minneapolis) on behalf of Fairview, a portion of the proceeds of which were issued to refinance certain outstanding indebtedness of the Corporation incurred to finance construction, improvement and equipping of certain facilities of Fairvier located in the City, and (iii) refund the outstanding Hospital System Revenue Bonds, 1989 Series A (Fairview Hospital and Healthcare Services) (the "1989 Bonds"), previously issued by the City on behalf of Fairrriew, the proceeds of which were issued to finance the construction and improvement of certain facilities of Pairview located in the City. 1.2 At a public hearing held on October 4, 1993, all parties who appeared 10/4/93 42 at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Edina Project and refund the 1978 Bonds and 1989 Bonds and interested persons were given the opportunity to submit written comments to the City Clerk before the time of the hearing. There has been presented to this Council a form of Joint Powers Agreement (the "Joint Powers Agreement") between the City and Minneapolis, which authorizes Minneapolis to issue bonds under the Act to finance the Project and to refund the 1978 Bonds and 1989 Bonds. and the Act, to consent to the issuance by another city of bonds previously issued by the City under the Act on behalf of an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and to enter into and perform such contracts and agreements with other cities as this Council may deem proper and feasible for or concerning the planning, purchase, acquisition and financing of a project and whereby one city issues its revenue bonds to finance a project located in another city. organization described in Section 501(c)(3) of the Code. The City is authorized by Minnesota Statutes, Section 471.59 and the Act to enter into the Joint Powers Agreement. I 1.3 1.4 The City is authorized, pursuant to Minnesota Statues, Section 471.59 Fairview is an SECTION 2 Approvals 2.1 The issuance of bonds by Minneapolis for the purpose of financing the Project and to refund the 1978 Bonds and 1989 Bonds, pursuant to the Act, Minnesota Statute, Section 471.59, and the Joint Porers Agreement, is hereby consented to and approved. the Minneapolis City Council. The form of the Joint Powers Apgeement referred to in Section 1.3 is approved subject to such modifications as are deemed appropriate and approved by the City Attorney and the Mayor, which approval shall be conclusively evidenced by the execution of the Joint Powers Agreement by the Mayor and the City Manager. The Mayor and the City Manager are hereby authorized and directed to execute the Joint Powers Agreement on behalf of the City. Mayor and the City LZanager are also authorized and directed to execute such other instruments as may be required to give effect to the transaction herein contemplated. are authorized and directed to furnish to Fairview, Minneapolis and the attorneys rendering an opinion on the issuance of the bonds, certified copies of all proceedings and records of the City relating to the bonds and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the bonds as such facts appear from the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. The terms of the bonds shall be as are approved by I The I 2.2 The Mayor, City Manager and City Clerk and other officers of the City City Clerk Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *RJ3SOUrrIOpJ AUlTIORIZING GOLF COURSE PETTP CASH CHECKING UITB NATIONAL CITY BANK Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: 1014193 -. , 43 RESOLUTION BE IT RESOLVED by the City Council of Edina, Minnesota, establishment of a petty cash checking account with the Edina for utilization by the Golf Course. Motion carried on rollcall vote - five ayes. that it hereby authorizes National City Bank of *CLAIMS PAID approve payment of the following claims as shown in detail on the Check Register dated September 29, 1993, and consisting of 28 pages: General Fund $217,121.74; C.D.B.G. $9,914.03: Communication $15,580.70; Working Capital $7,764.17; Art Center $8,944.46; Swimming Pool $3,039.72; Golf Course $78,128.67; Ice Arena $21,361.98; Gun Range $205.80; Edinborough/Centennial Iakes $25,069.27; Utility Fund $274,493.15; Storm Sewer $810.47; Recycling $38,131.51; Liquor Fund $54,924.08; Construction Fund $110.26; TOTAL $755,600.01. Motion was made by Member Smith and was seconded by Member Kelly to Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:20 P.M.