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HomeMy WebLinkAbout19950306_regular216 lflNUTES OF TEE REGULAR MEETING OF TBE EDINA CITY COUNCIL HELD AT CITY H4I.L ._ MARCH 6, 1995 -- -_ ROILCALI, Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Richards. Member Kelly entered the meeting at 7:04 P.M. CONSENT AGENDA ITEPIS APPROVED Motion vas made by Member Paulus and vas seconded by Member Smith to approve and adopt the Council Consent Agenda items as presented. Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. CAMP FIRE WEEK PROCLAIMED Motion of Member Smith vas seconded by Member Haetzold and carried unanimously for adoption of a Proclamation naming March 13 - 19, 1995, as Camp Fire Birthday Week. Camp Fire boys and girls are commended for the valuable programs offered to young people in the City of Edina and throughout the nation and for the many services they perform for their community through Camp Fire. Barbara Kerr-Anderson and Sherry Hedwall, co-leaders, accepted the Proclamation. Camp Fire members Karen Rustad, Nicky Kerr-Anderson, Evan Hedwall, Corinne Wilson, and Jordan Hedwall presented a Camp Fire birthday cake to the Council. JtHINUTES APPROVED FOR REGUT..AR MEETING OF FEBRUARY 21. 1995 Member Paulus and was seconded by Member Smith to approve the Minutes of the Regular Meeting of February 21, 1995. Motion vas made by Motion carried on rollcall vote - five ayes. PUBLIC HEARING CONDUCTED: 1995 URBAN HENNEPIN COUNTY CDBG PROGRAM BPPROVED Affidavits of Notice were presented, approved and ordered placed on file. Following due notice given, a public hearing was conducted on the Community Development Block Grant (CDBG) Program for Year 1995. Presentation bv Planner Planner Larsen advised Council that Edina's 1995 Community Development Block Grant (GDBG) entitlement is $204,554 from Hennepin County's total budget of $3,806,962. This reflects a 3.4 percent increase over the 1994 allotment of $197,821. Pending federal legislation could cut this proposed budget. -I The proposed 1995 budget was presented to the Human Relations Commission (HRC) at its meeting of February 21, 1995. The HRC recommended approval as proposed but expressed concern that 32 families are currently on the daycare subsidy waiting list. prepared with some alternatives for daycare funding when the 1996 CDBG budget is proposed. They have formed a committee to look into daycare subsidy and will be The proposed budget was presented as follows: PROJECT BUDGET Public Service : Housing and Outdoor Maintenance for the Elderly (H.O.M.E.) $ 24,893 Daycare Subsidy 13,000 C.A.S.H. HOMEline 3,000 Communitv Development: Rehabilitation of Private Property 80,000 Removal of Architectural Barriers- (ADA compliance) 83 1661 $204,554 3/6/95 217 Planner Larsen observed that for those funds designated toward Community Development, the Rehabilitation for Private Property is proposed to double from $40,000 in 1994 to $80,000. The reason is twofold: 1) last year the amount of __ _. funds available for each grant increased from $10,000 to $15,000 ,-and-2_2. there __ __ are currently 15 households on a waiting list to participate in the program. The proposed budget of $83,661 for Removal of Architectural Barriers will be targeted toward exterior accessibility issues (handicapped parking, curb cuts, walkways and thresholds) at Braemar Arena, Edinborough Park and Centennial Lakes. I Member Kelly asked if the daycare subsidy funds go to Edina facilities. Larsen responded that the City's funding goes directly to Greater Minneapolis Day Care Association who in turn pays the money directly to the families to be used for daycare at the facility of their choosing. daycare subsidy goes to Edina residents only. Planner He clarified that the $13,000 In reference to the H.O.M.E. program, Member Kelly asked if the need is greater in any particular area of Edina. the program has been in place, there are pockets of need with eligibility being City wide. and H.O.M.E. is that a different population is being served. Member Maetzold asked what process is used to approve applications. applications are approved on a first come, first served basis, following a qualification of income, assets and property ownership. the Edina community is getting back. Planner Larsen explained that while there are other communities using the H.O.M.E. program, the proposed $25,000 budget would be dedicated to Edina residents only. Planner Larsen answered that, over the 20 years He noted that the difference between the Edina Home Partners program Planner Larsen said Member Smith asked what Member Smith noted that the HOMEline Operating Budget listed under Source of Funds a line item of $271,300 from Community Service Block Grant and asked for an explanation. Public Comment Charlie Warner, C.A.S.H. Housing Programs Director, explained that the Community Service Block Grant is a separate program from Community Development Block Grant. It is funding that also comes from the federal government but is specifically allocated to community action agencies. Funds are distributed through the Minnesota Department of Economic Security and has nothing to do with CDBG. C.A.S.H. is a private non-profit corporation that basically deals with tenant- landlord problems, education for first time homeowners and high-school seniors who will become renters soon. funds they must be sponsored by the local government. large the staff was and what was the size of the average household served. Mr. Warner said thirteen people work at the agency, nine of whom work with housing. The average household size is two plus persons and is the same for both renters and homeowners. In order to receive Community Service Block Grant Member Smith asked how Jim Nickolai, Associate Director of Greater Minneapolis Day Care Association, (GMDCA) spoke on behalf of the proposal to continue the child care sliding fee program. He explained that this is a income based voucher program and that most parents chose child care located near their home. Member Kelly asked if Edina has enough child care facilities. Mr. Nickolai said many communities have a lack of quality infant care, special needs care and evening care. GMDCA is a non-profit corporation that works with all licensed child care programs both in referrals with parents and with training, accreditation, and consulting. the level of pay for child care providers, giving technical assistance on start- up and general nurturing of child care facilities. He explained that Things that would help the child care supply would include raising Betty Crouch, H.O.M.E. Program Director, noted that the program served 157 senior 3/6/95 218 Edina households last year with over 4266 hours in homemaker, maintenance and chore services. seniors. Member Smith moved adoption of the following resolution: She pointed out that there is a growing demand for services for I - -- . -- ~ RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1995 URRAN HENNEPIN COmJTY COM"I!CY DEVELOPME" BLOCK GRAN'I! PROGRAM WEEUIAS, the City of Ed-, through execution of a Joint Cooperation Agreement with Hennepin.County, is cooperating in the Urban Hemepin County Community Development Block Grant Program: and WHEEEAS, the City of Edina has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on March 6, 1995, to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the City's proposed use of $204,554 fromthe 1995 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of Edina approves the following projects for funding from the 1995 Urban Hennepin County Community Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1995 Urban Hennepin County Community Block Grant Program Statement of Objectives and Projected Use of Funds: PROJECT BUDGET Housing and Outdoor Maintenance for the Elderly (H.O.Y.E.) $ 24,893 C.A.S.B. HOMEline 3,000 Daycare Subsidy 13,000 Rehabilitation of Private Property 80,000 83.661 Removal of Architectural Barriers $204,554 I ADOPTED this 6th day of March, 1995. Motion was seconded by Member Maetzold. Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. *LOT DIVISION APPROVED FOR MT B. OUTLOT A. MCCAUTZY HEIGHTS 4TH ADDITION (6437- 39 MCCAUIXY TRAIL Motion of Member Paulus was seconded by Member Smith for adoption of the following resolution: UEERXAS, the following described property is at present a single tract of land: WHEEUW3, the ouner(s) has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows: RESOLUTION Outlot A, McCauley Heights 4th Addition, and PARCEL A: That part of Outlot A, McCauley Heights 4th Addition which lies Northwesterly of a line running from a point on the northeasterly line of said Outlot A, distant 58.77 feet southeasterly of the most Northerly corner thereof to a point on the southwesterly line of said Outlot A, distant 82.36 feet Southeasterly of the most Westerly corner thereof. PARCEL B: That part of Outlot A, HcCauley Heights 4th Addition which lies Southeasterly of a line running from a point on the northeasterly line of said Outlot A, distant 58.77 feet southeasterly of the most Northerly corner thereof to a point on the southwesterly line of said Outlot A, distant 82.36 feet southeasterly of the most Westerly corner thereof. WEEREAS, the requested subdivision is authorized under Code Section 810 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City-of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850; 3/6/95 219 I- .- NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Sections 850 and 810 arehereby waived to allow said division..anb.conveyance thereof as separate tracts of land but only to the extent permitted under Code Section 810 and Code Section 850 and subject to the limitations set out in Code Section 850 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED this 6th day of March, 1995. __ Motion carried on rollcall vote - five ayes. *HEARING DATE SET FOR PLANNING MATTERS Motion was made by Member Paulus and was seconded by Member Smith setting March 20, 1995, as hearing date for the following planning matters: 1) 2) Motion carried on rollcall vote - five ayes. Final Site Plan Approval - The Coventry at Centennial Lakes Preliminary Plat Approval - The Coventry at Centennial Lakes 2nd Addition FIRST READING GRANTED FOR ORDINANCE NO. 1995-1 - AN ORDINANCE AMZNDING CODE SECTION 410 TO PROVIDE UPDATES TO BUILDING CODES AND TO ADOPT OPTIONAL PROVISIONS Building Coordinator Kehoe explained that the new 1994 Uniform Building Code has been developed as a joint venture of the Building Officials and Code Administrators International, Inc. (BOCA) "National Building Code", the International Conference of Building Officials (ICBO) Wniform Building Code" and the Southern Building Code Congress International, Inc. (SBCCI) "Standard Building Code" into a single updated code called the Uniform Building Code. The State of Minnesota has adopted the Minnesota State Building Code (MSBC) which includes the Uniform Building Code per Minnesota Statute 16B.59 to Minnesota Statute 16B.75, including amendments to the MSBC in effect on March 20, 1995. The City of Edina must, by State Statute, adopt the basic Minnesota State Building Code, including amendments as done in the past. In order for the City of Edina to adopt the updated Minnesota Sate Building Code, amendments to Section 410 of the City Code are needed. to Section 185 are required to update building permit fees as per the UBC. In addition, amendments Although adoption of the basic code is mandatory, the City may, at its discretion, adopt certain optional provisions of the UBC and the MSBC. Council previously adopted the following: The Staff would 1. UBC Appendix Chapter 31 - Membrane Structures MSBC Chapter 1306 - Fire Protection MSBC Chapter 1335 - Floodproofing recommend adoption of the following additional optional provisions: UBC Appendix Chapter 15 - Reroofing - Provides precise application methods for reroofing. - Section 1517.2 "Asphalt Shingle Application" - Allows two overlays of shingles. Recommend Edina allow only one overlay of shingles unless applicant can show structural soundness by structural engineer (better weather protection, less weight during heavy snow load, better shingle application and better finished appearance). Mayor Richards asked if this would be an economic issue for the homeowner. 220 3/6/95 Coordinator Kehoe said there would be an added expense for tear off of the first two layers. of shingles there would be less risk of roof leakage from ice dams. - questioned-whether the City should-be involved, rather he suggested the homeowner- should make the decision. Coordinator Kehoe said most licensed roofing companies will be following the code; it will be the individual homeowner who does the work himself that will have leakage problems. Member Smith asked where we draw the line regarding a homeowner hiring a contractor or doing the work himself because it would look better; neither the City or staff should be the judge of that. concern would be the shingle weight plus snow and whether a structure would be sound enough to handle that. today's standards of using trusses; but some of the hand framed homes may not handle it. Building Department staff believes that by allowing only one overlay Mayor I Coordinator Kehoe said the main It would not be a problem for structures following 2. UBC Appendix Chapter 19 - Exposed Concrete - Provides precise application methods for weather protection of concrete surfaces against weather related chemicals such as salt, chloride etc. - Group "M" - mercantile under four stories - Group "R" - residential under four stories Minimum standards for concrete exposure subject to deicer chemicals, freezing/thawing conditions, weathering regions, and compressive strength of concrete. Member Smith asked if the concrete would be required to be treated or thicker and if it would cost more.. would have a higher concentration of air making it stronger. probably be the same but the concrete would be harder to work with because it would set up quicker. Building Coordinator Kehoe explained that the concrete The cost would 3. MSBC Chapter 1310 - Building Security (standard for windows/doors) - Provides precise application of security, i.e. protection from the perils of burglary and other unlawful trespasses through doors, windows, etc. for dwellings. This has been a reference guide. A high percent of construction in Edina already meets this criteria. This chapter does not relate to electronic security type systems. Member Kelly asked if a permit is needed when replacing windows on an existing residence. provision would require minimum standards for windows and doors. Member Smith asked about the cost factor. is built into any quality window or door system offered by any of the major manufacturers. Building Coordinator Kehoe said a permit would be required. This Building Coordinator Kehoe responded that the cost Concerning the reroofing chapter, Member Paulus asked if the third layer of shingles would create a problem in fighting fires. answered that asphalt shingles gum up saw blades regardless of the number of layers. onerous for a homeowner and especially for senior citizens because of the additional expense. Building Coordinator Kehoe Member Maetzold commented that allowing only one overlay could be unduly Member Smith moved First Reading of Ordinance No. 1995-1 - An Ordinance Amending Code Section 410 to Provide Updates to Building Codes as presented and on file in the Ciw Clerk's office, except for deletion of Chapter 15 of the Appendix of the WC relating to reroofing, and to include new fee amounts for building permits. Motion was seconded by Member Paulus. Member Paulus informed Council that the cost to remove shingles on a standard 3/6/95 221 roof would be approximately $2,000.00. Three layers of shingles on a home is standard practice in the housing industry and would be acceptable to a housing inspector as well as being approved by home insurance providers. Ayes: Kelly, Maetzold, Paulus, Smith, Richards - - . - - - -- -- First Reading granted. *BID AWARDED FOR TRAILER MOUNTED 250 GALLON CRACK SEALMG MACHINE Motion was made by Member Paulus and was seconded by Member Smith for award of bid for 250 gallon trailer mounted rubberized crack sealing machine to recommended low bidder, Stepp Manufacturing, Inc., at $24,441.75. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR 84 INCH RIDING ROTARY MOWER FOR BRAEXAR GOLF COURSE Motion was made by Member Paulus and was seconded by Member Smith for award of bid for an 84 inch riding rotary mower (Jacobson 1684D Tri-King) for Braemar Golf Course to recommended low bidder, North Star Turf, at $14,989.88. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ONE TON REPLACEMENT TRUCK FOR PARK MAINTENANCE DEPARTMENT Motion was made by Member Paulus and was seconded by Member Smith for award of bid for a one ton replacement truck for the Park Maintenance Department to Thane Hawkins Chevrolet at $15,969.676, through Hennepin County bid contract #3268A4. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR TEIREE WHEEL TURF TRUCKSTER FOR COURTNEY FIELDS Motion was made by Member Paulus and was seconded by Member Smith for award of bid for a three wheeled turf truckster for Courtney Fields to recommended low bidder, Cushman Motor Company, at $10,850.86 Motion carried on rollcall vote - five ayes. *BID AWARDED FOR 72 INCH LAND PRIDE SLIT-SEEDER FOR PARK -CE DEPARmNT Motion was made by Member Paulus and was seconded by Member Smith for award of bid for a 72 inch Land Pride slit-seeder for Park Maintenance Department to recommended low bidder, Carlson "ractor, at $6,358.05. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ANNUAL PESTICIDE CHEMICAL SUPPLY FOR BRAEMAR AND NORMANDALE GOT2 COURSES award of bid for annual pesticide chemical supply for Braemar and Normandale Golf Courses to recommended low bidder, Wilbur-Ellis Company, at $5,283.16. Motion was made by Member Paulus and was seconded by Member Smith for Motion carried on rollcall vote - five ayes. FIRE MUTUAL AID AGREEMENT APPROVED Chief Paulfranz recalled that on June 7, 1993, Council approved a fire mutual aid agreement between the southwest suburban governmental agencies for use of fire personnel and equipment. several years, staff members of the Southwest Mutual Aid Association identified some additional areas that needed attention. He told Council that Desyl L. Peterson, Minnetonka City Attorney, has assisted the mutual aid group with restructuring, simplifying and updating the agreement. Over the past Chief Paulfranz said staff would recommend approval of the Southwest Fire Mutual Aid Agreement as presented. November 15, 1994, listing the following four areas of changes: He then referenced Ms. Peterson's memorandum of 1. Veterans Administration (V.A.) Amendments - Federal law prohibits the V.A. from agreeing to a general indemnification provision. As a result, the V.A. is excepted from that provision (Section VI). In addition, federal law requires the V.A. to obtain a reciprocal waiver of claims between the parties (new Section 3/61 95 222 VIII) . 2. Termination/Amendment - Both the original agreement and previous recommended - revision provide that a member can withdraw from the Association. Thexs b-no provision for terminating the agreement or amending it - unanimous approval of all members is required. This creates a situation in which one member has veto over proposed action. As a result, changes are proposed for Section 111, VIII, and IX. the agreement, including amendments or decision to terminate the agreement. - I- To become effective, only 3/4 of the existing members need to approve 3. which states that if all parties approve the new agreement, it supersedes any prior agreements and any assets of the Association are transferred to the new Association. mailings. Status of Original Agreement - New language is proposed for Section VI11 The only assets are a small amount of money for administrative 4. revision had a provision for removing a member. the members to remove a member, but only for failure to comply with the Agreement or to pay member's share of costs. Removal of Member - Neither the original agreement or previous recommended Section I11 would allow 3/4 of Member Maetzold asked what would be the worst case scenario for the City legally or financially were Edina to respond with mutual aid to the V.A. with the V.A. not willing to indemnify the City. Attorney Gilligan answered that the City of Edina may need to hire their own attorney even though there may be other cities involved. If it was determined that the V.A. was liable the federal government might reimburse the City. Chief Paulfranz interjected that the indemnification language was originally recommended to improve the situation. The new language allows only one lawyer to represent all of the parties at a significant cost savings to everyone. By excepting the V.A., the relationship between the other parties and the V.A. will be the same as under the original agreement. most of a better situation is an acceptable result. agreements are arranged between municipalities. Unfortunately, the Metropolitan Airport Commission and the V.A. do not have the same authority as cities. Achieving Typically, these types of Member Smith asked if the City could be named as an additional insured on the V.A.'s policy or if the City's worker's compensation could subrogate against the Federal Employers Liability Act for firefighters responding under the mutual aid agreement to a federal agency. firefighters is injured in a neighboring community, the carrier of the City's workers' compensation insurance treats it like the injury happened within the City of Edina. Section (VII) of the agreement that does not preclude a fire organization from filing claims for fire fighting costs and losses. Chief Paulfranz said that when one of our Attorney Gilligan mentioned that there is a provision in Waiver Member Smith introduced the following resolution and moved its adoption, with the further recommendation that the member cities work with the V.A. regarding subrogation of workers' compensation claims: RESOLUTION APPROVING FIRE MUTUAL AID AGREEMENT WHEREAS, the City of Edina has previously approved and participated in a mutual aid agreement between the southwest suburban governmental agencies to provide cooperative use of fire personnel and equipment; WHEREAS. the agencies participating in this agreement have been designated the Southwest Mutual Aid Association; WHEREAS, the participating agencies have determined that it is advisable to clarify and simplify the language of that agreement; and WHEREAS. the existing agreement requires that all parties unanimously adopt any amendments ; I 3/6/95 223 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that: The revised Southwest Mutual Aid Association Joint and Cooperative Agxeement. €or Use of Fire. Personnel and Equipment, -a-copy of wuch is - ____ attached, is hereby approved, and the proper City officials are directed to execute said agreement on behalf of the City as a participating member of the Association. If the revised Agreement is not approved unanimously by all of the existing parties, the City Manager and Fire Chief are directed to vote in favor of transferring any assets of the pre-existing Mutual Aid Association to the new Southwest Mutual Aid Association and to give notice that the City is withdrawing from the pre-existing agreement. 1. . . .__ - 2. ADOPTED this 6th day of March, 1995. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. *CLUB ON-SALE AND SUNDAY LIOUOR LICENSE RENEWALS Paulus and was seconded by Member Smith approving Club On-sale and Sunday Liquor License renewals for Edina Country Club and Interlachen Country Club. Motion was made by Member Motion was carried on rollcall vote - five ayes. ON-SALE WINE LICENSE REmALS APPROVED staff would recommend renewal of on-sale wine licenses for the following restaurants: Ciatti's Italian Restaurant, Mick's at Southdale, Original Pancake House/My Pie, Pizzeria Uno, Sidney's, Tejas, The Tour Cafe, Two Guys From Italy, Hawthorn Room, Szechuan Star Restaurant, and Q.Cumbers. He pointed out that license renewals are recommended for three restaurants with qualifications: Manager Rosland advised Council that 1. Hawthorn Suites - No licensed wine manager present. 2. Szechuan Star Restaurant - No licenses wine manager present. 3. Q.Cumbers - Sewed wine even though waiter was told by customers they might not order food. Mayor Richards asked how the licensee is notified that a violation has occurred. Police Chief Bernhjelm explained that the Police Officer conducting the inspection notifies the employee on duty of that there was a deviation from the ordinance requirements. contacted directly. a greater than one year basis. time a qualification letter be sent to put the licensee on notice. Mayor Richards suggested that the manager should be Chief Bernhjelm said they have begun tracking inspections on Member Smith suggested that at license renewal Member Smith made a motion to approve on-sale wine license renewals for the following restaurants; Ciatti's Italian Restaurant, Hick's at Southdale, Original Pancake Housefly Pie, Pizzeria Uno, Sidney's, Tejas, The Tour Cafe, Two Guys From Italy, Hawthorn Room, Szechuan Star Restaurant and Q.Cumbers. Motion was seconded by Member Maetzold. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. LETTER OF CONCURRENCE AUTHORIZED FOR 1-494 FINAL ENVIROJMENTAL IMPACT STATEMEAT Engineer Hoffman reported that staff and Council Members have participated in the long term evaluation of 1-494 through the 1-494 Project Management Team. Minnesota Department of transportation (MNDOT) has reviewed the impacts of the proposed changes at 1-494 and TH 169 with City staff (including the Park Department). and proposed changes and pointed out a crosshatched area in the upper center left that is the very southwesterly edge of Braemar Park. This land is considered The He displayed a colored graphic depicting the existing interchange 3/6/95 224 4(f) by Federal terms and is treated somewhat different than the open space land the City previously purchased south of Braemar Park. IC- - MNDOT would pay the City the appxxised fair market value of the property acquired - for construction and would mitigate the impacts to Braemar Park. Staff would suggest that the letter of concurrence state the following as it relates to the 4(f) parkland: SITE DESCRIPTION: Braemar Park is located east of TH 169 and north of 1-494. The park is 495 acres in size. There are undeveloped oak savanna hills and wetlands along Nine-Mile Creek which traverses the southwest corner of the park. The park abuts TH 169, however, the area along TH 169 is not used for any park activities. ACTIVITIES AND USE: golf course; baseball diamonds, an indoor ice skating and hockey rink facility; soccer/football field; pistol, rifle, trapshooting and archery ranges. The park includes a 27 hole and an executive nine hole LOCATION AND AMOUNT OF PROPERTY NEEDED: reconstructed as part of the 1-494 and TH 169/CSAH 18 interchange. A portion of TH 169 must be AVOIDANCE ALTERNATIVES: In order to avoid taking parkland, the alignment of TH 169 would have to be shifted to the west. acquisition of several commercial properties located on the west side of TH 169. four million dollars. The estimated annual tax revenues from these properties is approximately $240,000.00. properties would result in the relocation of four businesses. Staff and MNDOT believe that the proposed encroachment on Braemar Park is the most reasonable choice. This would require The 1993 estimated market value of these properties is approximately I The acquisition of these MEASURES UTILIZED TO MINIMIZE IMPACT: incorporated into the roadway plans to minimize the impacts to Braemar Park: - - - The following measures will be Retaining walls have been incorporated into the design of the new roadway to minimize the amount of parkland acquired. Appropriate landscaping plans will be developed in coordination with the City of Edina. Additional mitigation will be required during final design to protect the gun range safety zone area. The 1-494 Draft EIS documented that TH 169 would be upgraded on its existing alignment. on the western edge of Braemar Park and approximately 2.5 acres of the park property will have to be acquired for the roadway improvements. direct impact to existing or planned park facilities nor to access to the park amenities. Mayor Richards commented that he has never been a proponent for relinquishing parkland for highway improvements and asked what the maximum amount of parkland property MNDOT could take under the Final EIS. Engineer Hoffman said that the total area (crosshatched on graphic) would be 2.5 acres located on the west side of the ridge at Braemar Park. He added that in the future MNDOT might want to purchase the open space land the City owns south of Braemar Park for potential wetland . The reconstruction of TH 169 on its existing alignment will encroach There will be no I Member Smith said he concurred with the Mayor regarding parkland. He suggested 3/6/95 225 ~- - that the concurrence letter state that appropriate landscaping plans be developed subject to approval of the City of Edina. understanding was that all plans would come before the City for review and approval, Member. Smith asked if -the project is years away -from commencing. - . ___ . Engineer Hoffman explained that there is a new federal funding requirement that says before a project can be started there must be a fiscally responsive program in place. total 1-494 improvement project is a few years off. However, this particular interchange may be improved when the bridges across the Minnesota River are finished in 1995 and Highway 18 is finished south of the river in 1966. Engineer Hoffman said the At present, no funds have been identified and MNDOT would say the I Member Smith made a motion authorizing a letter of concurrence to MNDOT for the 1-494 Final Environmental Impact Statement (EIS) for the Final Section of 4(f)/6(f) Evaluation with the statements as presented, to be approved by the Mayor, and subject to appropriate landscape plans being developed in coordination with and approved by the City of Edina, and subject to the maximum amount of park property to be taken as designated on the HNDOt graphic as presented. Motion was seconded by Member Kelly. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. LETTER CONCERNING CLARIFICATION OF SUPPORT FOR HIGH SPEED BUS LEGISLATION DISCUSSED Mayor Richards reported receiving a letter from James Prosser, City Manager of Richfield, indicating that the authors of the High Speed Bus legislation (Richfield Representative Garcia and Bloomington Senator Riveness) have asked for clarification of Edina's support and commitment to the High Speed Bus project by March 10, 1995, in order to move the legislation forward. Manager Rosland recalled that in the first year (1993) the Council had approved participating in the funding of a study of high speed bus transit. Subsequently, the Council has taken a dimmer view of the proposed High Speed Bus pilot project and that has been communicated to Mr. Prosser. Manager Rosland said the request for a $5,000.00 commitment. lane for buses that run from Minneapolis to Dakota County. He noted that the legislators representing the service area of Southwest Metro Transit and Minnesota Valley Transit Authority (founding members of the initiative) voted against the legislation. The high speed bus project would have a dedicated Mayor Richards asked the Council Members to review the letter and advise the City Manager if they had thoughts other than expressed previously, could not argue for costly public transportation for Edina residents or employers if there is no perceived need. No formal Council action was taken. He added that he VACANCY NOTED ON COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE indicated he had received a letter of resignation from a member of the Community Health Services Advisory Committee. individuals (providers) be submitted to him for possible appointment to fill the vacancy. Mayor Richards He asked that names of interested RESOLUTION ADOPTED AUTHORIZING ISSUANCE AND SALE OF $8.500.000 HEALTH CARE FACILITIES REVENUE BONDS ON BEHALF OF VOLUNTEERS OF AMERICA Attorney Gilligan recalled that Council gave preliminary approval to the issuance by the City of Edina of health care facilities revenue bonds on behalf of Volunteers of America (VOA) at their meeting February 21, 1995. He said VOA is requesting final authorization for issuance of the bonds. Member Maetzold moved adoption of the following resolution, subject to payment of a $30,000.00 fee to the City and approval of the issuance and sale of the bonds by the City of Crystal: 226 3/6/95 RESOLUTION AUTHORIZING TEE SBLE AND ISSUANCE OF HEBLTH CARE FACILITIES REVENUE BONDS UNDEX THE ?!!llNICIPAL INDUSTRIBL DEVELOPMENT ACT AND MPROVING AND AUTHORIZING THE EXECUTION OF DOCUMENTS WHEREAS, the City has received a proposal from Volunteers of America Care Facilities, a MMesota nonprofit corporation (the Borrower) that the City issue its revenue bonds in the principal amount of $8,340,000 (the Bonds) pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the Act), to (i) refinance outstanding taxable indebtedness incurred to finance the acquisition and construction of or improvements to the Borrower's existing 161 bed nursing home located at 6200 Xerxes Avenue South in the City, (ii) finance improvements to the Edina facility, (iii) refinance outstanding taxable indebtedness incurred to finance the acquisition and construction of or improvements to the Borrower's existing 192 bed nursing home located at 3245 Vera Cruz Avenue North in the City of Crystal and (iv) finance improvements to the Crystal facility (collectively, the Project); and WEEREAS, the proposal calls for the City and the Borrower to enter into a Loan Agreement wherein the City vi11 loan the proceeds of the Bonds to the Borrower and the Borrower will agree to undertake the Project and pay all costs thereof and to repay the loan from the City by loan repayments to be fixed and revised from time to time as necessary so as to produce income and revenues sufficient to provide for the prompt payment of the principal of and hterest on the Bonds and all costs and expenses of the City in connection with the Project and issuance and sale of the Bonds: and WHEREAS, copies of the following documents relating to the Project and the Bonds have been submitted to this Council for approval: proposed to be entered into between the City and the Borrower; proposed to be entered into between the City and First Trust National Association, as trustee (the Trustee); Statement, dated as of March 1, 1995, covering the Edina property and the Crystal property, respectively (collectively, the Mortgages), proposed to be given by the Borrower, as mortgagor, to the City, as mortgagee, and each assigned by the City to the Trustee pursuant to a separate Assignment of Mortgage Agreement, dated as of March 1, 1995 (collectively, the Assignments); and (d) be entered into between the Borrower, the City and Hiller, Johnson & Kuehn, Inc., (the Purchaser). NOW, TBEREFORE, BE IT RESOLVED BY THE CITP COUNCIL OF THE CITY OF EDINA, MI"Es0TA: - - I- - - - (a) a Loan Agreement (the Loan Agreement), dated as of March 1, 1995, (b) an Indenture of Trust (the Indenture), dated as of March 1, 1995, I (c) a separate Mortgage and Security Agreement and Plxture Financing a Bond Purchase Agreement (the Bond Purchase Agreement), proposed to 1. That it is hereby found, determined and declared that: (a) (b) The City is authorized under the Act to issue the Bonds; The financing of the Project, the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement, the Indenture, the Assignments and the Bond Purchase Agreement are being undertaken by the City pursuant to the Act andvill further the public purposes set forth in the Act; It is desirable that the Bonds be issued by the City-upon the tenus set forth in the Indenture, under the provisions of which the City will grant to the Trustee, as security for the payment of principal of, premium, if any, and interest on the Bonds, a security interest in all of the City's right, title and interest in the Loan Agreement, except for certain rights of the City for its fees, expenses and indemnification; The loan repayments required of the Borrower under the Loan Agreement are fixed, and required to be revised from time to time as necessary so as to produce income and revenue sufficient to provide for the prompt payment when due of the principal of, premium, if any, and interest on the Bonds, and the Loan (c) (d) 3/6/95 227 Agreement also provides that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and all taxes, if any, and special assessments levied upon or with respect to the Project payable during the term-of the Loan - __ Agreement ; and (e) Bonds are not to be payable from nor charged upon any funds of the City, other than the revenues pledged to the payment thereof pursuant to the Indenture; the City is not subject to any liability thereon; no holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City, except the revenues pledged to the payment thereof pursuant to the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues pledged to the payment thereof pursuant to the Indenture; each Bond issued under the Indenture shall recite in substance that the Bonds, including interest thereon, unless paid from proceeds of the Bonds or amounts realized from properties of the Borrower, are payable solely from the revenues and payments received pursuant to the Loan Agreement and pledged to the payment thereof pursuant to the Indenture; and no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation. 2. The forms of the Loan Agreement, the Indenture, the Assignments and the Bond Purchase Agreement referred to above are approved. provisions of Section 7 hereof, the Mayor and City Manager are authorized and directed, in the name and on behalf of the City to execute the Loan Agreement, the Indenture, the Assignments and the Bond Purchase Agreement. The documents shall be executed in substantially the form hereinabove approved, subject to additions thereto and deletions therefrom approved by the City Attorney and the officers executing the same, which approval shall be conclusively presumed upon execution thereof. Said officers are also authorized and directed to execute such other instruments and closing certificates as may be required to give effect to their transactions herein contemplated, subject to approval thereof by the City Attorney, which approval shall be conclusively presumed upon execution thereof. City shall proceed forthwith to issue its Health Care Facilities Revenue Bonds (Volunteers of America Care Facilities Projects), Series 1995, in the general form and upon the general terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof. Subject to the provisions of Section 7 hereof, the Mayor and City Manager are authorized to approve the final terms and conditions of the Bonds and such approval shall be conclusively presumed upon execution of the Indenture; provided that the principal amount thereof shall not exceed $8,500,000, the final maturity date shall not be later than March 1, 2025, and the interest rate on any Bond shall not exceed 9.00% per annum. the Bond Purchase Agreement at a price not less than 98% of par. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this resolution and other documents required by the Indenture, for authentication and delivery to the Purchaser. signature shall appear on the Bonds shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. The Trustee is hereby appointed authenticating agent with respect to the Bonds pursuant to Minnesota Statutes 475.55, Subdivision 1, and as paying agent for the Bonds pursuant to the Indenture. 4. The Mayor, City Manager and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Trustee when the Bonds are issued, 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 - Under the provisions of the Act and as provided in the Indenture, the _.___ . Subject to the 3. In anticipation of the collection of revenues under the Loan Agreement, the The Bonds shall be sold to the Purchaser pursuant to In case any officer whose 3/6/95 228 the facts relating to the appear from the books and otherwise horn to them. - 5. The City Manager is legality and marketability of the Bonds as such facts records in the officers' custody and control or as hereby.-designated for all purposes of the Loan Agreement and- the Indenture as the City official authorized to execute on behalf of the City certificates, requests or consents as provided in the Loan Agreement and the Indenture. documents authorized by this Resolution to be executed, including the Bonds, shall be executed by the Acting Mayor, Assistant City Manager, or by such other officer of the City as, in the opinion of the City Attorney, may execute such documents. by the City until the City has received (i) the approval of the Commissioner of Trade and Economic Development as required by Section 469.154, subd. 6, of the Act and (ii) a resolution duly adopted by the City Cotmcil of the City of Crystal, Minnesota consenting to the issuance of the Bonds. 6. lh the absence or disability of the Mayor or City Manager, any of the 7. Notwithstanding the foregoing authorizations, the Bonds shall not be issued ADOPTED this 6th day of March, 1995. ATTEST : City Clerk Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Maetzold, Paulus, Richards Nays: Smith Resolution adopted. CLAIMS PAID Member Smith commented that he felt the cellular phone bills were large and asked for further information as to usage. West telephone billings. on these two areas of expense. Member Smith made a motion to approve payment of the followhg claim as shown in detail on the Check Register dated March 2, 1995, and consisting of 27 pages: General Fund $169,552.85; C.D.B.G. $14,999.00; Communications $719.93; Uorking Capital $1,280.36; Art Center $11,710.11; Svimming Pool $44.00; Golf Course $20,776.16; Ice Arena $33,430.04; Gun Range $1,183.49; Edinborough/Centennial Lakes $18,511-61; Utility Fund $328,235.49; Storm Sever $1,404.42; Liquor Fund $59,254.82; Construction Fund $2,012.82; TOTAL $663,115.10. Motion was seconded by Member Kelly. He also questioned the U.S. Mayor Richards asked that staff submit detailed reports Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards adjourned the meeting at 8:50 P.M. City Clerk