HomeMy WebLinkAbout19951204_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
ON DECEMBER 4,1995 AT 7:OO P.M.
ROLLCALL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Richards. Member
Kelly entered the meeting at 7:05 P.M.
I
CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member
Maetrold to adopt the Council Consent Agenda as presented excepting Agenda Item V.C. 1996
Public Health Nursing Contract with the City of Bloomington.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*MINUTES OF REGULAR MEETING OF NOVEMBER 20,1995, AND SPECIAL MEETING NOVEMBER
29,1995 APPROVED Motion made by Member Smith, seconded by Member Maetzold to approve the
Minutes of the Regular Meeting of November 20,1995 and the Special Meeting of November 29,
1995.
Motion carried on a rollcall vote - five ayes.
PUBLIC HEARING HELD ON PERMANENT STREET SURFACING WITH CONCRETE CURB AND
FRANCE AVENUE: PERMANENT STREET SURFACING WITH CONCRETE CURB AND
69TH STREET. Mayor Richards informed the public this hearing is a continuation from the regular Council
meeting of November 20, 1995.
Presentation bv Enwineer
Engineer Hoffman briefly presented an overview of the proposed improvement projects for W. 66th Street -
France Avenue to York Avenue (CSAH 53) and York Avenue - West 66th Street to W. 69th Street (CSAH
31) as follows:
Reconstruction of both streets: W. 66th St. (CSAH 53) in 1997 and York Av. in 1996.
a. Two through lanes each way.
b. One additional lane on north and east sides of streets for ingress-egress to numerous
driveways and streets.
c. New traffic signals at Drew & W. 66th, and possibly W. 66th & Southdale exits west of
Firestone, Edina Liquor Store and Wickes’ north driveway.
d. A sidewalk on the east side of York. Existing sidewalk on north side of W. 66th to remain.
e. Possible bikeway on W. 66th to Xemes, location to be determined before the March 4, 1996
meeting.
York‘s design similar to the west and south sides of Southdales regarding entrances and exits.
Estimated cost of the project is $2,700,000 (a portion of W. 66th to be Federal Aid)
Special Assessment to benefitted property owners at a rate of $40.00 per foot for commercial
properties to supply approximately 10% of project costs.
GUTTEWSIDEWALK IMPROVEMENT NO. BA-309 W. 66th STREET BETWEEN YORK AVENUE AND
GUTTEWSIDEWALK IMPROVEMENT NO. BA-311. YORKAVENUE -WEST 66TH STREET TO WEST
1.
2. Basic Design Elements:
3.
4.
5.
Engineer Hoffman informed the Council of meetings between City staff, Hennepin County staff and Barton
Aschman staff with Southdale management, Penny’s management and Mervyn’s representatives. The
group’s consensus was to recommend continuing the W. 66th Street project hearing until March 4, 1996,
allowing Southdale’s management time to have an independent traffic review done during the 1995
Christmas shopping season. The consensus of the group for the York Avenue project is that Layout 2 is
the acceptable preliminary plan.
MinuteslEdina Citv CouncillDecember 4,1995
Member Smith asked if Hennepin County would at look the location of the bikeway path on the W. 66th
Street project at before the March 4, 1996 Council meeting. Engineer Hoffman replied that this could be
looked by Hennepin County and a mutually agreeable placement be developed before preliminary
approval.
Engineer Hoffman informed the Council that after preliminary plan approval Hennepin County would work
on the following issues: scheduling of the project (perhaps even night work), traffic management during
construction, and final design issues.
Member Smith asked who would be in charge of coordinating the project with the property owners.
Engineer Hoffman responded that this would be a County project and they would communicate directly
with property owners. However, the City would have another look at the plans when Hennepin County
requests Final Plan Approval. Then a firm timetable and final designs would be presented.
Member Maetzold asked if the new signals are installed with the Emergency Vehicle Preemption (EVP)
system that switches the traffic light to green for emergency vehicles. Engineer Hoffman replied that
Minnesota Statute requires all new signals to use the EVP system.
Mayor Richards asked for public comment. No comments were heard.
Motion made by Member Paulus to continue the public improvement hearing for West 66th Street
from York Avenue to France Avenue, Improvement No. BA-309 until the March 4, 1996 regular
Council meeting.
Motion seconded by Member Maetzold
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion camed
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION
APPROWNG THE PRELIMINARY LAYOUT
FOR THE RECONSTRUCTION OF
CSAH 31 (YORK AVENUE) FROM
W. 66TH STREET TO W. 69TH STREET
(S.A.P. 120-020-031).
WHEREAS, Layout No. 2, Hennepin County Project No. 9237 showing proposed improvements to
County State Aid Highway No. 31 (Yo& Avenue) has been prepared and presented to the City, and
WHEREAS, State Aid Funds will be expended on the proposed improvements, and
WHEREAS, the Hennepin County Department of Public Works' Policies for Cost Participation
Between Hennepin County and Other Agencies for Cooperative Highway Projects addresses the use
of tax increment financing on County projects by municipalities.
NOW, THEREFORE, BE IT RESOLVED, that said Layout No. 2 be in all things approved and that the
County be hereby authorized by the City to acquire all rights of way, permits andfor easements
required for said improvements in accordance with Layout No. 2, and
BE IT FURTHER RESOLVED that the city shall ban the parking of motor vehicles within the project
limits on CSAH 31, and
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MinuteslEdina City CouncillDecember 4, 1995
BE IT FURTHER RESOLVED that the City will not use tax increment financing for any portion of the
project cost. Motion was seconded by Member Maetzold
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
Member Maetzold introduced the following resolution and moved its adoption:
RESOLUTION
RELATING TO PARKING RESTRICTIONS ON
WEST 66TH STREET TO WEST 69TH STREET
S.A.P. 120-020-031 (YORK AVENUE) FROM
WHEREAS, the “City” has planned the improvement of CSAH 31 (York Avenue) from West 66th
Street to West 69th Street; and
WHEREAS, the “City” will be expending Municipal State Aid Funds on the improvement of said
street; and
WHEREAS, this improvement does not provide adequate width for parking on both sides of the
street. Approval of the proposed construction as a Municipal State Aid Street project must therefore
be conditioned upon certain parking restrictions.
NOW, THEREFORE IT IS HEREBY RESOLVED by the Edina City Council that the “City” shall ban
the parking of motor vehicles on both sides of CSAH 31 (York Avenue) at all times.
Passed and adopted by the City Council of the City of Edina in Hennepin County, Minnesota this 4th
day of December 1995.
S.A.P. 120-020-031. Member Smith seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
ORDINANCE NO. 1995-10 ADOPTED ON SECOND READING - AMENDING CODE SECTION 850.04,
SUBD. 1 INCREASING THE MEMBERSHIP OF THE EDINA ZONING BOARD OF APPEALS AND
SECTION 805.04 REDUCING THE MEMBERSHIP OF THE PLANNING COMMISSION Mayor Richards
reported that Council had previously granted First Reading of Ordinance No. 1995-10 at the November
20, 1995 Council meeting. The Ordinance amends Edina Code Section 850.04, Subd. 1 increasing the
membership of the Edina Zoning Board of Appeals to six members and Section 805.04 reducing the
membership of the Planning Commission to nine members.
Mayor Richards asked for concerns of the Council. No concerns were noted. Mayor Richards then invited
public comment. No comments were heard.
Member Smith moved Second Reading and adoption of Ordinance No. 1995-10 as follows:
ORDINANCE NO. 1995-1 0
AN ORDINANCE AMENDING THE
CITY CODE TO REDUCE THE NUMBER OF MEMBERS
OF THE PLANNING COMMISSION AND
INCREASE THE NUMBER OF MEMBERS OF THE
ZONING BOARD OF APPEALS
THE CITY COUNCIL OF THE CITY OF EDlNA ORDAINS:
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MinuteslEdina Citv CouncillDecember 4,1995
Section 1. The first sentence of Subsection 805.04 of Section 805 of the City Code is amended I as follows:
“The Commission shall consist of nine residents of the City appointed by the Mayor with the - __ consent of a majority of the members of the Council.”
Section 2. The third sentence of Subdivision 1 of Subsection 850.04 of Section 850 of the City
Code is amended as follows:
“All members of the Commission, from time to time, shall be members, and the other members
shall be six residents of the City appointed for a term of three years by the Mayor with the
consent of a majority of the members of the Council.”
Section 3. This ordinance shall be in full force and effect upon passage and publication.
Frederick Richards, Mayor
Debra Mangeh, ki C@rk
Motion for adoption of the ordinance seconded by Member Paulus
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Ordinance adopted.
*LOT DIVISION GRANTED - 4975 AND 4979 LINCOLN DRIVE Motion made by Member Smith,
seconded by Member Maetzold for adoption of the following resolution
RESOLUTION
WHEREAS, Lot 3, Block 1, LANDMARK ADDITION, according to the recorded plat thereof is
presently a single tract of land; and
WHEREAS, the owners have requested the subdivision of said tract into new separate parcels
(herein called “Parcels) described as follows:
PARCEL A
That part of Lot 3, Block 1, LANDMARK ADDITION lying north of a line drawn parallel to and
distant 93.85 feet south of the north line of said Lot 3, and its easterly extension, as measured
at right angles to said north line, according to the plat thereof on file and of record in the office
of the Registrar of Title in and for Hennepin County, Minnesota
PARCEL B
That part of Lot 3, Block 1, LANDMARK ADDITION lying south of a line drawn parallel to and
distant 93.85 feet south of the north line of said Lot 3, and its easterly extension, as measured
at right angles to said north line, according to the plat thereof on file and of record in the office
of the Registrar of Title in and for Hennepin County, Minnesota
WHEREAS, the requested subdivision is authorized under Edina 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
Section 810 and 850;
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MinuteslEdina City CouncilDecember 4, 1995
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 tract of land. The
requirements and provisions of Code Section 850 and 810 are hereby waived to allow said division
and conveyance thereof as separate tracts of land but only to the extent permitted under Code
Section 810 and Code Section 850 subject to the limitations set out in Code Section 850 and said
Ordinances was 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.
Passed and adopted this 4th day of December 1995
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING HELD; ORDINANCE NO. 1995-1 1 AN ORDINANCE AMENDING CODE SECTION
900.18, SUBD. 1, REGARDING THE SALE OF WINE IN CONJUNCTION WITH THE SALE OF FOOD -
FIRST READING GRANTED Affidavits of Notice were presented, approved and ordered placed on file.
Pursuant to due notice given, a public hearing was conducted to consider an amendment to Section
900.18, Subd. 1, regarding the sale of wine in conjunction with the sale of food.
Assistant City Manager Hughes noted that Council continued this hearing from its regular November 20,
1995 meeting. Mr. Hughes stated that under the current ordinance the service of wine is limited to
individuals ordering a meal. Staff prepared three alternate ordinance amendments based on Council
direction at the October 16, 1995 meeting. The three alternatives are summarized as follows:
ALTERNATE #I
Eliminates Meal Requirement
Limits Bar Seating to 15% of All Seats
ALTERNATE #2
Eliminates Meal Requirement
Requires Gross Receipts for Food to be at Least 60% (Annual Basis)
Limits Bar Seating to 15% of All Seats
ALTERNATE #3
Eliminates Meal Requirement
Requires at Least 70% of Patrons to Order a Meal (Annual Basis)
Limits Bar Seating to 15% of All Seats
Assistant Manager Hughes stated that staff reviewed the enforcement for all three alternatives. Alternative
#I would be the easiest to enforce. Alternative #2 is a bit more difficult. However, the 60% percent food
requirement is a typical standard in the restaurant business and is identical to our strong beer standard
and state statutes. Alternative #3 raises some concern since it appears that most restaurant accounting
systems do not distinguish individual patrons making documentation difficult. Staff recommends
Alternative #2 if the Council wishes to change the current ordinance.
A letter in support the ordinance amendment was received from Andrea Spessard, General Manager of
Southdale Shopping Center.
Public Comment
Mayor Richards explained the public hearing was continued from November 6, 1995 to allow a full City
Council to hear testimony and discuss the issue. Mayor Richards invited persons who had not previously
testified to come forward.
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MinutedEdina City CouncillDecember 4,1995
Donna Fahs, General Manager of Good Earth Restaurant, recommended acceptance of Alternate #I. Ms.
Fahs stated she believes that this alternative still allows for control by the city.
Bill Simons, 4620 Casco Avenue, informed the Council he was a twelve-year resident of Edina and
supported alternate I or 2. Mr. Simons stated he is a sales manager for a computer company and
frequently entertains business clients. Edina is the only place where you cannot get beer or wine before
the meal. This always becomes a point of discussion which is not desirable at a "sales" dinner.
John Lillicrap, 6624 Naomi Drive, a six-year resident of Edina, stated he is the Vice President of a
company and travels a great deal. Edina's ordinance is inhibiting to his bringing international or national
customers here for a meal.
Trace Lund, President, Edina Properties stated their support of Alternate #I. As the owner of the Tejas
property, they feel this alternative would provide a way for them to develop more restaurants in Edina.
Council Comments
Member Smith requested there be included with any amendment a stronger training requirement. Member
Smith favors alternate #2 of the three alternatives presented.
Member Maetzold expressed concern that the current ordinance affects business adversely. Member
Maetzold believes alternative #2 upholds the spirit of the advisory referendum. He asked that the burden
of any training requirement be placed upon the restaurants.
Mayor Richards stated in his view Edina's current ordinance has served the community well. However,
Mayor Richards indicated his support of alternate #2. He advised staff that if first reading is granted the
ordinance amendment be written requiring each licensed establishment to submit their actual statistical
breakdown between food and beverage revenues.
Member Smith supported the Mayor's request that documentation of the 60/40 wine/food sales percentage
be required.
I
Member Smith moved First Reading of Ordinance No. 1995-11 amending Edina Code Section 900.18,
Subd. I regarding the sale of wine in conjunction with the sale of food as per alternative #2 adding
an alcohol training requirement for all personnel in licensed liquor establishments and also
requiring statistical documentation of the 60140 per cent of food and liquor service revenues.
Member Paulus seconded the motion.
Member Kelly commented that she would like some businesses to respond with whether or not inclusion
of statistical documentation would be costly or feasbile for the restaurants.
Member Smith responded that based on his information other cities and the State of Minnesota already
require this documentation.
Ms. Fahs informed the Council of The Good Earth's extensive training program where all employees
involved in liquor service are required to train twice a year. She pointed out that many restaurants already
have training programs for their staffs.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
First Reading granted.
FIRST READING GRANTED - ORDINANCE NO. 1995 - 13 AN ORDINANCE ADDING NEW CODE
SECTION 740 REQUIRING LICENSING AND ANNUAL INSPECTIONS OF UNDERGROUND PARKING
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MinuteslEdina City CouncillDecember 4, 1995
GARAGES OF MULTIPLE RESIDENTIAL BUILDINGS Sanitarian Velde presented data regarding the
carbon monoxide contamination potential in multiple residential buildings with underground parking
facilities. The problem exists because sometimes the ventilation systems are dismantled or not properly
maintained. Sanitarian Velde showed slides displaying properly maintained and problem garage
structures.
Member Smith questioned whether the proposed license fees would cover all staff costs of the program,
whether the flat rate nature of the fees as opposed to one based on size, could inspections be contracted
for, and at the urgency of the issue. Sanitarian Velde replied that he believed the fees would cover the
costs, but he would look at fees based on residence size. Sanitarian Velde stated he had not considered
contracting for the service. In response to the question of urgency Sanitarian Velde stated that his staff
has found buildings where the level of carbon monoxide exceeds safe levels.
Member Paulus voiced concern that buildings would wait for annual inspection then go back to using
unsafe practices. She quesiioned if the ordinance is strong enough to ensure compliance. Sanitarian
Velde replied that the building could be posted as unsafe, which owners would not want to happen.
Member Kelly moved First Reading of Ordinance No. 1995-13 -An Ordinance creating a new Section
740 requiring licensing and annual inspections of multiple residential underground parking garages.
Member Maetzold seconded the motion.
Mayor Richards requested that staff contact the registered property owners of multiple residence buildings
to inform them of the potential ordinance and inviting them to the Council meeting when the ordinance
is heard for second reading.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
First Reading granted.
FIRST READING GRANTED - ORDINANCE NO. 1995-8 AN ORDINANCE AMENDING SECTION 1215
AUTHORIZING THE CITY TO UNDERTAKE CERTAIN MAINTENANCE ACTIVITIES IN THE
GRANDVIEW COMMERCIAL AREA AND ASSESS THE COST THEREOF TO THE BENEFITTED
PROPERTIES Assistant Manager Hughes reviewed for the Council the proposed ordinance that would
allow the City to undertake certain necessary maintenance annually and specially assess the cost against
the benefitted property owners.
Member Maetzold asked if property owners were informed of the proposed ordinance. Assistant Manager
Hughes replied he personally discussed the ordinance with the property owners during the spring of 1994.
In addition, the public improvement hearing notice sent in July 1994 stated, “Staff will also recommend,
however, that the ongoing costs of maintaining the public improvements should be borne by individual
property owners and financed by an annual maintenance assessment.”
Member Kelly asked if any property owners had indicated opposition to the proposed annual maintenance
assessment. Assistant Manager Hughes responded that he has entertained questions regarding expected
assessment amounts, the assessment process, etc. but no opposition to the program.
Member Maetzold moved First Reading of Ordinance No. 1995-8 amending Section 1215 of the City
Code to authorize the City to undertake certain maintenance activities in the Grandview Commercial
Area and assessment the Cost thereof to benefitted properties. Member Kelly seconded the motion.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards.
First Reading granted.
BID AWARDED FOR PURCHASE OF REPLACEMENT GARAGE DOORS AT EDINA FIRE STATION
Member Maetzold stated he requested the Fire Station garage door purchase be continued to this meeting
allowing the presentation of additional information to Council. Member Maetzold personally ran some
calculations regarding energy savings and return on investments.
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MinuteslEdina Citv CouncillDecember 4,1995
Chief Paulfranz explained that the present doors are twenty-five years old and no longer manufactured.
Therefore, replacement parts need to be fabricated resulting in delays and higher costs. In addition, Chief
Paulfranz did not recommend the lowest bidder because they did not meet specifications.
doors at the Fire Station to
Motion seconded by Member
Member Maetzold moved to award the bid for purchase of overhead
recommended second bidder, Crawford Door, Twin Cities at $18,835.00.
Smith.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Bid Awarded
"BID AWARDED FOR REFUSE RECYCLING COLLECTION FROM CITY OWNED PROPERTIES FOR - 1996 Motion made by Member Smith and seconded by Member Maetzold to award the bid for the ,
1996 RefuselRecycling Collector from city owned properties to Quality Waste Management in the
amount of $21,533.33.
Motion camed on rollcall vote - five ayes.
BID AWARDED FOR 1996 PUBLIC HEALTH NURSING CONTRACT - CITY OF BLOOMINGTON
Member Maetzold explained he asked the 1996 Public Health Nursing Contract with the City of
Bloomington be removed from the consent agenda for additional information. When a situation exists
where only one vendor is used Member Maetzold asked that further documentation is substantiating the
contract award. Council discussed reviewing the contract and entertaining bids for services on a periodic
schedule such as every three years. Sanitarian Velde responded that the City is very comfortable with
both the level and value of the service provided by the City of Bloomington. He requested that no requests
for proposals be looked at until after the 1997 contract because of joint grants currently in progress.
Motion by Member Maetzold, seconded by Member Kelly to award the 1996 Public Health Nursing
Contract to the City of Bloomington in the amount of $143,932.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Bid awarded.
*BID AWARDED FOR PURCHASE OF GOLF CARS FOR BRAEMAR GOLF COURSE Motion by
Member Smith, and seconded by Member Maetzold to award the bid for the purchase of nine new
electric and eight new gasoline golf cars including the trade-in of four electric and eight gasoline
golf cars for Braemar Golf Course in the amount of $49,421.33.
Motion camed on rollcall vote - five ayes.
BID AWARDED FOR EMERGENCY REPAIRS WATERMAIN BREAKlSTREET RESTORATION-
INTERLACHEN BOULEVARD Engineer Hoffmann reported on November 30,1995, a large watermain
break occurred requiring excavation and emergency street repair at Skyline and lnterlachen Boulevard.
The break undermined a portion of Interlachen Boulevard from Skyline Drive to Cooper Avenue.
Interlachen Boulevard (a County Road) was closed to stabilize the street. Because of the amount of the
damage, City crews worked over the weekend in hopes of completing the repair by December 5,1995.
In addition, the City retained G.L. Contracting to assist in the repair. Engineer Hoffman stated that
Midwest Asphalt reopened its plant to repave the street. Midwest intends to complete the repaving by
Wednesday, December 6, 1995.
Member Kelly made a motion to award the bid for emergency watermain repair and street
restoration at Interlachen Boulevard and Skyline Drive including the removal of asphalt and
correction of sub-base before repaving to sole bidder, G.L Contracting, Inc., estimated at $7,500.00.
Motion seconded by Member Maetzold. I Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards.
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MinuteslEdina Citv CouncillDecember 4, 1995
Bid awarded.
Member Kelly made a motion to award the bid for emergency repaving of a potion of approximately
300 feet of roadway at lnterlachen Boulevard and Skyline Drive to Midwest Asphalt, Inc. for an
estimated cost of $26,000.00. Motion seconded by Member Maetzold.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards.
Bid awarded.
PUBLIC HEARING HELD RESOLUTION ADOPTED FOR SALE OF FAIRVIEW HOSPITALS REVENUE
BONDS Pursuant to due notice given, a public hearing was held on the proposed issuance by the City of
Edina of health facilities revenue bonds for Fairview Hospital and Healthcare Services C'FairvieW) at
Fairview Southdale Hospital.
City Attorney's Opinion '
BY memorandum dated December 1, 1995, Attorney Gilligan advised the Council that if issued, the bonds
would be payable solely from loan repayments to bemade by Fairview. Under the loan agreement
Fairview agrees to indemnify the City for any liability with respect to the note and pay all its expenses. In
addition, pursuant to the City's guideline, Fairview would pay the City a fee of $14,133 (% of one percent
of the principal amount of the note) upon the issuance of the note.
Attorney Gilligan also answered Council's previous question concerning the use of revenue bonds to
finance equipment. Attorney Gilligan stated that utilizing revenue bonds to purchase equipment is a
common practice in health care providers due to the high capital outlay required in most purchases.
If following the public hearing, the City Council wishes to proceed with issuance of the bonds, the next step
would be for the Council to adopt a resolution giving preliminary approval to the issuance of the bonds.
When final terms of the bonds and underlying documents are substantially completed, Fairview would
come back to the Council for final approval of the issuance of the bonds.
Public Comment
Mayor Richards called for public comment on the proposed bond sale. No comment was heard.
Proponent Comment
Mark Enger, representing Fairview Southdale, reviewed the proposal. He stated that the purpose of the
bond would be to provide financing for cardiovascular technologies permanently located at Southdale.
The purchase is a combination of replacement items and expansion based upon continued needs of their
service area. The private placement Fairview is requesting approval of is a revenue note through First
Banks.
Council CommentlDiscussion
Member Kellv asked if Mr. Enaer would comment on the Public Health Nurse bidding process. She also
asked abouiSouthdale's reqiirement that their attending physicians serve Fairview solely.
Mr. Enger responded that historically they have not focussed Fairview on public health. He stated that
currently they do not have the experience, expertise or resources to provide the role as provided through
Bloomington Public Health. He added that Bloomington Public Health is an excellent organization and that
Southdale Fairview is collaborating in some ventures as they attempt to shift their focus to the needs of
population health.
In response to the second question Mr. Enger stated that this stipulation is in response to the changing
health care industry and how health care is presented. Health care is currently a fee for service
environment, but health care is moving toward a risk sharing or capitate payment environment. Then
providers will receive a per member per month payment to meet the health care needs of enrollees in their
health care community. Therefore, Fairview has developed a collective Fairview Physician Associates that
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MinuteslEdina Citv CouncilDecember 4.1995
pulls together the collective efforts of the hospital system and the private medical community to respond to the needs of the population.
Member Kelly asked how Fairview were handling the costs of the revenue note as they related to time spent by the City Attorney. Attorney Gilligan replied that Dorsey & Whitney would bill Fairview directly for costs incurred.
Motion by Member Smith, seconded by Member Paulus to adopt the resolution granting preliminary
approval to Faiwiew Southdale Hospital for the sale of revenue bonds as follows:
RESOLUTION
RELATING TO AN $2,826,560 MEDICAL EQUIPMENT
REVENUE NOTE (FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES);
AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO
MINNESOTA STATUTES, SECTIONS 469.152 AND 469.1 65
BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows:
Section 1. Definitions
1.01. In this Resolution the following terms, when used with initial capital letters, have the
following respective meanings unless the context hereof or use herein clearly requires otherwise: &: Minnesota Statutes, Sections 469.152 to 469.165, as amended, and all acts supplemental
thereto or amendatory thereof;
Borrower: Fairview Hospital and Healthcare Services, a Minnesota nonprofit corporation,
Code: the Internal Revenue Code of 1986, as amended;
Equipment: Phillips cardiac imaging equipment;
Lender: FBS Investment Services, Inc., its successors and assigns;
Loan Agreement: the Loan Agreement to be executed by the City and the Borrower; - Note: the $2,826,560 Medical Equipment Revenue Note (Fairview Hospital and Healthcare
Resolution: this resolution of the City, adopted December 4,l 995, authorizing the issuance
Pledne Aqreemenk the Pledge Agreement to be given by the City in favor of the Lender; and
Project: the acquisition and installation of the Equipment in Faiwiew Southdale Hospital.
the City of Edina, Minnesota, its successors and assigns;
Services) to be issued by the City pursuant to this Resolution;
of the Note; and
Section 2. Findinns. It is hereby found and declared that:
(a) the purpose of the Project will be to promote the public welfare by the provision of
necessary health care facilities so that adequate health care sewices are available to residents
of the State of Minnesota at reasonable cost;
(b) the financing of, the issuance and sale of the Note, the execution and delivery of the
Loan Agreement and the Pledge Agreement and the performance of all covenants and
agreements of the City contained in the Loan Agreement and the Pledge. Agreement and of all
other acts and things required under the Constitution and laws of the State of Minnesota to
make the Note, the Loan Agreement and the Pledge Agreement valid and binding obligations of
the City enforceable in accordance with their terms, are authorized by the Act;
(c) it is desirable that the Note in the amount of up to $2,826,560 be issued by the City upon
the terms set forth herein, and that the City assign its interest in the Loan Agreement and grant
a security interest therein for the payment of the principal of, interest on and premium, if any, on
the Note;
(d) as to be provided in the Note, the Note is not to be payable from nor charged upon any
funds of the City other than the revenue under the Loan Agreement pledged to the payment
thereof; the City is not subject to any liability thereon; no Holder of the Note shall ever have the
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MinuteslEdina Citv CouncilDecember 4. 1995
right to compel any exercise of the taxing power of the City to pay the Note or the interest or
premium or late charges, if any, thereon, nor enforce payment thereof against any property of
the City except the revenue under the Loan Agreement pledged to the payment thereof; the Note
issued hereunder shall recite that the Note, including premium, if any, and interest thereon, is
payable solely from the revenue under the Loan Agreement pledged to the payment thereof; and
the Note shall not constitute a debt of the City within the meaning of any constitutional or
statutory limitation of indebtedness; and
(e) the Borrower has represented to the City that the Project would not be undertaken but
for the availability of financing under the Act.
Section 3. Authorization and Sale
3.01. Authorization. The City is authorized by the Act to issue revenue bonds, to loan the
proceeds thereof to the Borrower to finance the Project and to make all contracts, execute all
instruments and do all things necessary or convenient in the exercise of such authority.
3.02. Public Hearina. The Council held a public hearing on the issuance of the Note on
December 4,1995, at which time all persons were given an opportunity to express their views
with respect to the financing of the Project by the City.
3.03. Approval of Documents. Pursuant to the above, there have been prepared and
presented to this Council copies of the Loan Agreement and Pledge Agreement, all of which are
now, or shall be, placed on file in the office of the City Clerk. The forms of the Loan Agreement
and Pledge Agreement are approved, with such variations, insertions and additions as are
deemed appropriate by the parties and approved by the City Attorney and City Manager.
3.04. Sale of Note to Lender. The sale of the Note to the Lender at a price equal to the
principal amount thereof is hereby approved.
Section 4. Execution of Documents. Upon execution of the Loan Agreement by the
Borrower, the Mayor and the City Manager shall execute the Loan Agreement and Pledge
Agreement on behalf of the City, and shall execute such other certifications, documents or
instruments as bond counsel or counsel for the Lender shall require, subject to the approval of
the City Attorney, and all certifications, recitals and representations therein shall constitute the
certificates, recitals and representations of the City. Execution of any instrument or document
by one or more appropriate officers of the City shall constitute and be deemed the conclusive
evidence of the approval and authorization by the City and the Council of the instrument or
document so executed. In the absence or disability of the Mayor, any of the documents
authorized by this resolution to be executed, shall be executed by the acting Mayor, and in the
absence of the City Manager by such officer of the City who, in the opinion of the City Attorney,
may execute such documents.
Section 5. The Note.
5.01. Form and Authorized Amount. The Note shall be issued substantially in the form
hereinafter set forth, with such appropriate variations, omissions and insertions as are
permitted or required by this Resolution, and in accordance with the further provisions of this
Section, in the total principal amount of up to $2,826,560.
UNITED STATES OF AMEWCA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
Medical Equipment Revenue Note
(Fairview Hospital and Healthcare Services)
R-I $2,826,560
The City of Edina, Minnesota, a municipal corporation of the State of Minnesota (the "City"),
for value received, hereby promises to pay to FBS INVESTMENT SERVICES, INC., or assigns
(the "Holder"), at its principal office in Minneapolis, Minnesota, or at such other place as the
Holder may designate in writing, from the source and in the manner, and with interest thereon
as hereinafter provided, the principal sum of up to TWO MILLION EIGHT HUNDRED TWENTY-
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1. ,,' , <:I I .t
$1.
MinuteslEdina City CouncillDecember 4.1995
SIX THOUSAND FIVE HUNDRED SIXTY DOLLARS ($2,826,560), with interest on the unpaid
principal amount at the rate of four and sixtyeight hundredths percent (4.68%) per annum in any
coin or currency which at the time or times of payment is legal tender for the payment of public
or private debts in the United States of America. I This Note is payable in installments due as follows:
(a) On January 1,1996 and continuing on the first day of each month thereafter to and
including April 1,1996 the City shall pay interest only on the principal amount advanced
under this Note.
(b) Commencing on May 1,1995 and continuing on the first day of each month
thereafter until March 1, 2001 the principal of and interest on this Note shall be payable in
monthly installments of principal and interest in the amount of $52,927.
(c) A final payment of all unpaid principal and interest shall be due and payable in full
on April 1,2001.
All payments shall be applied first to interest and then to principal.
All interest hereon shall be computed on the assumptions that each month contains
thirty (30) days and each year three hundred sixty (360) days, except that the payments required
under (a) above shall be made on the basis of actual days elapsed in a three hundred sixty (360)
day year.
It is agreed that time is of the essence with respect to this Note. In the event the City
shall fail to make when due any interest payments or principal and interest payments required
under this Note, the interest payment or principal and interest payment so in default shall
continue as an obligation of the City until the interest payment or principal and interest payment
in default shall have been fully paid, and, the City agrees to pay interest thereon (including to the
extent perm'Med by law, interest on overdue installments of interest) at the rate of interest per
annum borne on this Note.
The principal of this Note may be prepaid either in whole or in part subject to a
prepayment premium equal to 0.454% of the principal amount prepaid. Any prepayment shall be
made on thirty (30) days' advance written notice to the Holder, shall be accompanied by accrued
interest and applicable premium and shall be made on a regularly scheduled payment date. Any
prepayment shall not suspend or reduce required principal installment payments and shall be
applied, after deduction of accrued interest and applicable premium, to reduce the principal
portion of the installments due under this Note in inverse order of their maturity.
This Note constitutes an issue in the total authorized face amount of up to $2,826,560.
This Note is issued by the City pursuant to the authority granted by Minnesota Statutes,
Sections 469.152 to 469.165, as amended (the "Act"), for the purpose of loaning funds to
Fairview Hospital and Healthcare Services, a Minnesota nonprofit corporation (the "Borrower")
to finance the acquisition and installation by the Borrower of items of medical equipment in its
hospital facility in the City. The issuance of this Note is authorized by a resolution adopted by
the City Council of the City on December 4,1995 (the "Resolution"). This Note is secured by a
Pledge Agreement, of even date herewith (the "Pledge Agreement") given by the City in favor of
the Lender..
As provided in the Resolution, the City will cause to be kept at the office of the City
Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the
City shall provide for the registration or transfer of ownership of this Note. This Note is
transferable upon the books of the City at the office of the City Clerk, by the Holder hereof in
person or by its attorney duly authorized in writing, upon surrender hereof together with a
written instrument of transfer satisfactory to the City Clerk, duly executed by the Holder or -3s
duly authorized attorney. Upon such transfer the City Clerk will note the date of registration and
the name and address of the new Holder upon the books of the City and in the registration blank
appearing below. Alternatively, the City will at the request of the Holder issue new notes in an
aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor
except as to number, principal amount and the amount of the monthly installments payable
I
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MinuteslEdina Citv CouncillDecember 4. 1995
I
c
thereunder, and registered in the name of the registered Holder or such transferee as may be
designated by the Holder. The City may deem and treat the person in whose name this Note is
last registered upon the books of the City with such registration noted on the Note as the
absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on
account of the principal balance, redemption price or interest and for all other purposes, and all
such payments so made to the Holder or upon its order shall be valid and effectual to satisfy
and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City
shall not be affected by any notice to the contrary.
All of the agreements, conditions, covenants, provisions and stipulations contained in
the Resolution, the Loan Agreement and the Pledge Agreement are hereby made a part of this
Note to the same extent and with the same force and effect as if they were fully set forth herein.
If the City should fail to make any monthly installment of interest or principal and interest when
due, or if an Event of Default occurs under the Loan Agreement, the Pledge Agreement or any
other document securing this Note, then the Holder may at its right and option, by written notice
to the City and the Borrower, declare immediately due and payable the principal balance of this
Note and interest accrued thereon to the date of declaration of such default, together with any
attorney’s fees incurred by the Holder in collecting or enforcing payment of interest or principal
of this Note, without notice to or consent of any party, whether suit be brought or not, and all
other sums due hereunder or under the Loan Agreement or Pledge Agreement anything to the
contrary therein notwithstanding, and payment thereof may be enforced and recovered in whole
or in part, at any time, by one or more of the remedies provided in this Note, the Loan
Agreement, the Pledge Agreement or any other document securing this Note. The Holder may
extend the time of payment of interest andlor principal of this Note, without notice to or consent
of any party liable hereon and without releasing any such party.
The remedies of the Holder, as provided herein and in the Loan Agreement and the
Pledge Agreement, shall be cumulative and concurrent; may be pursued singly, successively or
together and at the sole discretion of the Holder; and may be exercised as often as occasion
therefor shall occur. The delay, omission, or failure to exercise any such right or remedy shall in
no event be construed as a waiver or release thereof.
The City, for itself, its successors and assigns, hereby waives diligence, demand,
presentment, protest and notice of dishonor and suretyship defenses generally, and agrees that,
except as otherwise expressly provided herein or in the Loan Agreement, without any notice, the
Holder hereof and any present or future owner or owners of any property and interests covered
by the Pledge Agreement or any other document given to secure this Note, or executed in
connection with this Note, may from time to time extend, renew, or otherwise modify the date or
dates or amount or amounts of payment above recited; or, the Holder hereof may from time to
time release any part or parts of the property and interests subject to said Pledge Agreement or
to any such other document from the same, with or without consideration. In any such case, the
City, subject to limitation of the City’s liability, shall continue to be liable to pay the unpaid
balance of the indebtedness evidenced hereby as so extended, renewed or modified and
notwithstanding any such release.
This Note shall not be payable from nor charged upon any funds of the City other than
the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be
subject to any liability thereon. No Holder of this Note shall ever have the right to compel any
exercise of the taxing power of the City to pay this Note or the premium, if any, or interest
hereon, nor to enforce payment thereof against any property of the City except revenue under
the Loan Agreement pledged to the payment thereof. This Note shall not constitute a charge,
lien, or encumbrance, legal or equitable, upon any property of the City, except the revenue
under the Loan Agreement pledged to the payment thereof. This Note, including premium, if any,
and interest thereon, is payable solely from the revenue under the Loan Agreement pledged to
the payment thereon. This Note shall not constitute a debt of the City within the meaning of any
constitution or statutory limitation of indebtedness.
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** MinuteslEdina Citv CouncillDecember 4,1995
The Holder shall not be deemed, by any act of omission or commission, to have waived
any of -tS rights or remedies hereunder unless such waiver is in writing and signed by the
Holder and then only to the extent specifically set forth in the writing. A waiver with reference to
one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as
to 8 subsequent event.
If any term of this Note, or the application thereof to any person or circumstances,
shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of
such term to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each term of this Note shall be valid and
enforceable to the fullest extent permitted by law.
This Note applies to, inures to the benefit of, and is binding not only on the parties
hereto, but on their successors and assigns. The term "Holder" shall mean the registered holder
and owner of this Note, whether or not named as Holder herein.
This Note may not be amended, modified or changed, except only by an instrument in
writing and signed by the party against whom enforcement of any amendment, change,
modification or discharge is sought.
It is intended that this Note is made with reference to and shall be construed as a
Minnesota contract and governed by the laws thereof.
IT IS HEREBY CERTIFIED AND RECITED that all conditions, ads and things required to
exist, happen, and be performed precedent to or in the issuance of this Note do exist, have
happened and have been performed in regular and due form as required by law.
IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly
authorized officers as of the 4th day of December, 1995.
CITY OF EDINA, MINNESOTA
Mayor BY
And:
City Manager
PROWSIONS AS TO REGISTRATION
The ownership of the unpaid principal balance of this Note and the interest accruing
thereon is registered on the books of the City in the name of the registered holder last noted
below.
Date of
,1995
Name and Address of
Renistered Holder
FBS Investment Services, Inc.
100 South Fifth Street
Minneapolis, Minnesota 55402
Signature of
Citv Clerk
I
I
D 5.01. Note Terms. The Note shall be designated the Medical Equipment Revenue Note
(a) be dated as of the date of delivery thereof to the Lender.
(b) be in the total principal amount of up to $2,826,560.
(c) bear interest at the rate of 4.68% per annum;
(Fairview Hospital and Healthcare Services), and shall:
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MinuteslEdina City CouncillDecember 4. 1995
(d) be payable in installments on the first day of each month as follows:
(i) on the first day of the month following the date of delivery of the Note to and
including April 1,1996, an amount equal to interest accrued to that date on the principal
of the Note; and
(ii) commencing on May 1,1996, and on the first day of each month thereafter,
principal and interest on the Note shall be payable in sixty consecutive monthly
payments consisting of fifty nine consecutive equal monthly payments of Fifty-Two
Thousand Nine Hundred Twenty-Seven Dollars ($52,927.00), and a final payment of all
principal and interest on the Note on April 1,2001.
(e) be payable as to both principal and interest to the registered Holder thereof at the
(f) be subject to redemption and prepayment upon the terms and conditions contained
principal office of the Holder for the account of the City; and
in the Note.
5.03 Execution. The Note shall be executed on behalf of the City by the signatures of
the Mayor and the City Manager. In case any officer whose signature shall appear on the Note
shall cease to be such officer before the delivery thereof, such signature shall nevertheless be
valid and sufficient for all purposes.
5.04. Mutilated. Lost and Destroyed Note. In case the Note shall become mutilated or be
destroyed or lost, the City upon compliance by the Holder with any applicable provision of law
shall cause to be executed and delivered a new Note of like outstanding principal amount and
tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of
and in substitution for such Note destroyed or lost, upon the Holder's paying the reasonable
expenses and charges of the City in connection therewith, and in case the Note is destroyed or
lost, its filing with the City evidence satisfactory to it and compliance with any applicable
provisions of law.
5.05. Registration of Transfer, The City will cause to be kept at the office of the City
Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the
City shall provide for the registration or transfer of ownership of the Note. The Note shall be
transferable upon the books of the City by the Holder thereof in person or by its attorney duly
authorized in writing, upon surrender of the Note together with a written instrument of transfer
satisfactory to the City Clerk, duly executed by the Holder or its duly authorized attorney. Upon
such transfer the City Clerk shall note the date of registration and the name and address of the
new Holder on the books of the City and in the registration blank appearing on the Note.
Alternatively, the City shall, at the request and expense of the Holder, issue new notes, in
aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor
except as to number, principal amount and the amount of the monthly installments payable
thereunder, and registered in the name of the Holder or such transferee as may be designated
by the Holder. The City may deem and treat the person in whose name each Note is last
registered upon the books of the City with such registration noted on the Note as the absolute
owner thereof, whether or not overdue, for the purpose of receiving payment of or on account of
the principal balance, prepayment price or interest and for all other purposes, and all such
payments so made to the Holder or upon its order shall be valid and effectual to satisfy and
discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall
not be affected by any notice to the contrary.
5.06. Delivery and Use of Proceeds. Prior to delivery of the Note, the documents
referred to below shall be completed and executed in form and substance as approved by the
Mayor and City Manager, such approval to be conclusively evidenced by the execution and
delivery of such documents by such officers of the City. Upon payment to the City of the
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MinuteslEdina Citv CouncilDecember 4,1995
purchase price of the Note, the City shall execute and deliver to the Lender the Note in the total
principal amount of up to $2,826,560, together withLhe following:
(a) a duly certified copy of this Resolution;
(b) original, executed counterparts of the Loan Agreement and Pledge Agreement; and
(c) such closing certificates, opinions and related documents as are required by bond
Upon delivery of the Note and the above items to the Lender, the Lender shall, on
behalf of the City, loan to the Borrower the proceeds of the Note pursuant to the provisions of
the Loan Agreement.
counsel.
Section 6. Limitations of the Citv's Oblinations. Notwithstanding anything contained in
the Note, the Loan Agreement or the Pledge Agreement, the Note shall not be payable from nor
charged upon any funds of the City other than the revenue under the Loan Agreement pledged
to the payment thereof, nor shall the City be subject to any liability thereon. No Holder or
Holders of the Note shall ever have the right to compel any exercise of the taxing power of the
City to pay the Note or the interest thereon, nor to enforce payment thereof against any property
of the City, other than the revenue under the Loan Agreement pledged to the payment thereof.
?he Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any
property of the City, other than the revenue under the Loan Agreement pledged to the payment
thereof. The Note, including interest and premium, if any, thereon, is payable solely from the
revenue under the Loan Agreement pledged to the payment thereof. The Note shall not
constitute a debt of the City within the meaning of any constitutional or statutory limitation of
indebtedness.
Section 7. Certification of Proceedinas. The officers of the City are directed to prepare
and furnish to the Lender, and to the attorneys rendering an opinion as to the legality of the
issuance of the Note, certified copies of all proceedings and records of the City, and such other
affidavits, certificates and information as may be required to show the facts relating to the
legality of the Note as the same appears from the books and records under their custody and
control or as otherwise known to them, and all such certified copies, certificates and affidavits,
including any heretofore furnished, shall be deemed representatives of the City as to the facts
stated therein.
Section 8. No Litination. No litigation of any nature has been commenced against the
City by service of process upon the City regarding, restraining, or enjoining the issuance, sale
and making of the Note, nor contesting the statutory powers granted by the Act, in connection
with the issuance of the Note, nor regarding the organizational and boundaries of the City or the
right of the City Council members or officers to their respective offices. To the best of the City's
knowledge, there is no action, suit, proceeding, or investigation at law or in equity before or by
any court, public board or body pending or threatened against the City wherein an unfavorable
decision, ruling or finding would adversely affect the transactions contemplated by or the
validity of the Note, this Resolution, the Loan Agreement or Pledge Agreement.
Section 9. Authoritv. The execution and delivery and performance of Loan Agreement
and Pledge Agreement and the issuance of the Note do not violate any law, regulation, or
agreement or any court order or judgment in any litigation to which the City is a party or by
which it is bound, provided this finding is made solely for the purpose of estopping the City from
denying the validity of the Note or any of the documents referred to in this paragraph by reason
of any facts contrary to this finding.
Section 10. Qualified Tax-Exempt Oblinations. The City Council hereby designates the
Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code
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MinuteslEdina Citv CouncillDecember 4, 1995
relating to the deductibility of certain interest expenses of financial institutions, and hereby finds
that the reasonably anticipated amount of qualified taxsxempt obligations (within the meaning
of Section 265(b)(3) of the Code) which will be issued by or on behalf of the Issuer and all
subordinate entities thereof during calendar year 1995 does not exceed $10,000,000.
Adopted this 4th day of December, 1995. I
Mayor
Attest:
Member Maetzold seconded the motion
City Clerk
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
WATER MANAGEMENT ADVISORY COMMITTEE (WMAC) PARTICIPATION SOUGHT Manager
Rosland explained he received a letter dated November 21 , 1995, from Janet Leick, Division Manager
of the Hennepin County Environmental Management Division seeking interested persons willing to
serve on a Water Management Advisory Committee WMAC). The Committee would begin work in
January 1996 to review the existing water management and regulatory system, review
recommendations prepared by Hennepin County responding to County Board Resolution #94-11-
850Rl , identify/discuss water management and regulatory alternatives and prepare a recommendation
for the Hennepin County Board of Commissioners. Manager Rosland noted he has application forms
for persons interested in serving on WMAC. If interested contact staff so application could be made by
the deadline of December 11 , 1995.
APRIL 22, 1996, SET FOR HEARING DATE FOR BOARD OF REVIEW After a brief Council
discussion, the proposed date of April 8, 1996, was changed to April 22, 1996, for Board of Review
hearing date. Motion was made by Member Paulus and was seconded by Member Smith setting
April 22,1996, as hearing date for Board of Review.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
SIGN ORDINANCE DISCUSSED Council briefly discussed off-site signs including: front yard signs
advertising sample sales, political signs, and Santa House signs; signs on poles and the large Hwy
100 signs. Council consensus was to direct the Planning Department to increase enforcement in
1996.
VACANCIES NOTED ON BOARD OF APPEALS Planner Larsen noted that with the adoption of
Ordinance No. 1995-10 of Code Section 850.04, Subd.1, increasing the membership of the Edina
Zoning Board of Appeals to six members and Section 805.04 reducing the membership of the Planning
commission to nine members, two vacancies exist on the Board of Appeals. Mayor Richards asked for
the names of persons interested in serving on the Board be submitted to him for possible appointment.
1996 CITY BUDGET AND TAX LEVY ADOPTED Member Smith commented he believed the
proposed 1996 City Budget totaling $16,504,290.00 and reflecting an increase of 4.97% in
expenditures, a three percent salary increase and an increase of $20 per month additional employee
benefits is a reasonable and affordable budget.
Member Paulus suggested an invitation be extended to our State Legislators, Hennepin County
Commissioner and School Board representative requesting their presence during the 1997 budget
hearing process.
Member Smith introduced the following resolution and moved adoption:
RESOLUTION ADOPTING BUDGET FOR THE CITY OF EDINA
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MinuteslEdina Citv CounciUDecember 4,1995
FOR THE YEAR 1996, AND ESTABLISHING TAX LEW FOR
YEAR 1996 PAYABLE IN 1996
THE CITY COUNCIL OF THE CITY OF EDINA MINNESOTA DOES RESOLVE AS
FOLLOWSSection 1. The Budget for the City of Edina for the calendar year 1996 is hereby
adopted as hereinafter set forth, and funds are hereby appropriated therefor.
I
GENERAL FUND
GENERAL GOVERNMENT
Mayor and Council
Administration
Planning
Finance
Election
Assessing
Legal and Court Services
TOTAL GENERAL GOVERNMENT
$ 63,822
667,172
251,917
400,701
123,040
420,889
358.000
2,285,541
PUBLIC WORKS
Administration $ 137,382
Engineering 525,088
Highways 3,248,517
TOTAL PUBLIC WORKS $3,910,987
PROTECTION OF PERSONS AND PROPERTY
Police 4,495,675
Civilian Defense 34,683
Animal Control 63,249
Fire 2,593,912
Public Health 367,778
Inspection 367.870
TOTAL PROTECTION OF PERSONS $7,923,167
AND PROPERTY
PARK DEPARTMENT
Administration $487,140
Recreation 132,142
Maintenance 1,433.714
TOTAL PARK DEPARTMENT $2,052,996
NON-DEPARTMENTAL EXPENDITURES
Reserve Rebuild $84,000
Contingencies 63,000
Special Assessments on City Property 33,700
Capital Plan Appropriation 50,159
Commissions and Special Projects 100.740
TOTAL NON-DEPARTMENTAL $331,599
EXPENDITURES
TOTAL GENERAL FUND $1 6,504,290
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MinuteslEdina Citv Council/December 4, 1995
Section 2. Estimated receipts other that General Tax Levy are hereby proposed as hereinafter
set forth:
GENERAL FUND
HACA $904,000
Other Taxes (31 5,000)
Licenses and Permits 975,000 4
Municipal Court Fines 375,000--
Department Service Charges 1,371,250--
Other 80,500”
Transfer from Liquor Fund 400,000
Income on Investments 15,000’
Aid - Other Agencies 265, I00
Police Aid 255,000
TOTAL ESTIMATED RECEIPTS $4,325,850
Section 3. That there is proposed to be levied upon all taxable real and personal property in the
City of Edina a tax rate sufficient to produce the amounts hereinafter set forth:
FOR GENERAL FUND $12,178,440
Adopted this 4th day of December, 1995
Member Kelly seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
ORDINANCE NO. 1995-12 - AMENDING CODE SECTION 185 TO INCREASING, ADDING OR
DELETING CERTAIN FEES CONTINUED TO DECEMBER 19, 1995 Following a brief discussion,
Council consensus was to continue Ordinance No. 1995-12, Amending Code Section 185 to Increase
Certain Fees be continued to the regular meeting of December 19, 1995, to allow additional study of
the proposed amendment.
1996 PARK AND RECREATION DEPARTMENT FEESKHARGES, AMBULANCE FEES AND
MISCELLANEOUS FEES CONTINUED TO DECEMBER 19, 1995 The Council continued to
December 19, 1995, setting the 1996 Park and Recreation Department Fees and Charges, Ambulance
and Miscellaneous fees, upon the suggestion of Member Smith.
CLAIMS PAID Mayor Richards noted he would be abstaining from the final vote of payment of claims
for a possible conflict of interest. Member Kelly made a motion to approve payment of the
following claims as shown in detail on the Check Register dated November 29, 1995, General
Fund $181,521.31; C.D.B.G. $963.50; Communications $166.78; Working Capital $6,515.06; Art
Center $11,754.56; Swimming Pool Fund $9.16; Golf Course Fund $24,115.08; Ice Arena Fund
$1 1,357.10; Gun Range Fund $495.00; EdinboroughlCentennial Lakes $13,765.90; Utility Fund
$316,362.10; Storm Sewer Utility Fund $1 1,193.43; Liquor Dispensary Fund $80,663.46;
Construction Fund $4,267.53; TOTAL $663,149.97. Motion was seconded by Member Maetzold.
Abstaining: Richards
Ayes: Kelly, Maetzold, Paulus, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Richards adjourned the meeting at I 955 P.M.
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