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HomeMy WebLinkAbout19960506_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 6,1996 ROLLCALL Answering rollcall were Members Maetzold, Smith and Mayor Richards. Member Kelly entered the meeting at 7:04 P.M. CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member Maetzold adopting the Council Consent Agenda as presented. Rollcall: Maetzold, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF APRIL 15.1996. BOARD OF REVIEW OF APRIL 22, 1996 AND APRIL 29.1996. APPROVED Motion made by Member Smith and seconded by Member Maetzold approving the Minutes of the Regular Meeting of April 15,1996, Board of Review for April 22,1996 and April 29,1996. Motion carried on rollcall vote - three ayes. PUBLIC HEARING HELD: STREET RECYCLING/MILLING OF NEW BITUMINOUS SURFACING WAY. DALE DRIVE, RIDGE PLACE. HILLTOP LANE) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Enaineer Engineer Hoffman informed Council the proposed improvement is part of the City's ongoing renovation of neighborhood streets. Many neighborhood streets systems are thirty to fifty years old. It is no longer cost effective to continue patching, seal coating or overlaying these streets. Previous projects used either total reconstruction as in the Morningside area in the late ~O'S, or remilling and overlay with new curb and gutter as in County Club District in the early 70's. This improvement project proposes to use a third type of street reconstruction called full depth reclamation. IMPROVEMENT A-I80 (SUNNYSLOPE ROAD EAST. SUNNYSLOPE ROAD WEST. WOODHILL I Engineer Hoffman explained full depth reclamation is a technique where the full flexible pavement section and a predetermined portion of the underlying materials are uniformly crushed, pulverized and blended, resulting in a stabilized base course. A new bituminous surface is then laid over the recycled base course. Last year a test section of Woodhill Way was constructed using full depth reclamation. Braun Intertec, a consulting engineering firm, evaluated the test section. Their test results showed the test section performed as expected and would provide a stable neighborhood street. Full depth reclamation reconstruction results in cost savings of approximately 50 percent over traditional street reconstruction methods. In addition, construction time is greatly reduced since projects can usually be completed in approximately a week's time. Engineer Hoffman continued that before the street reconstruction, the City would .repair some catch basins and manholes. These items would be paid for from Utility Funds. Engineer Hoffman stated the proposed renovation area includes Sunnyslope Road East, Sunnyslope Road West, Woodhill Way, Dale Drive, Ridge Place and Hilltop Lane. The total estimated street reconstruction cost is $1 93,002.49. The estimate cost per lot (area assessment) is $2,643.86. The assessments would extend over a ten year term. The test section Woodhill Way was paid for by the Page 1 MinuteslEdina Citv CouncillMav 6.1996 movie company that damaged the street during the filming of Beautiful Girls. Staff recommends Woodhill Way be included in the assessment so the benefit of the test section is shared by the entire neighborhood. Public Comment Mayor Richards noted receipt of Dr. William Kimber‘s letter and asked Engineer Hoffman to respond to Dr. Kimber‘s questions which included: status of underground utilities affecting the streets, storm sewer problem at the bottom of hill on East Sunnyslope, whether or not the Beautiful Girls‘ movie company paid for damage to Woodhill Way, and lastly curb and gutter in the area. Engineer Hoffman responded the City will make sure the utility structures are repaired and paid for by Utility Funds. He added the movie company paid for the repair of Woodhill Way and concluded that only properties with existing curb and gutter would have curb and gutter replaced. Jack Hodne, 4824 West Sunnyslope Road, presented a petition in opposition of Improvement No. A-I 80. Mr. Hodne read the petition “We the undersigned being residents of Sunnyslope Addition do hereby protest the proposed improvement A-I 80. We feel the streets are basically sound and do not warrant being torn up and resurfaced as proposed. There are a few places that need spot repair. This with a seal coat over all would bring them to excellent condition for the neighborhood where there is no heavy or through traffic.” Mr. Hodne reported the following petition results based on 72 residents: 5 residents were in favor of the project, 5 were undecided, 7 were not at home, and 55 would request the City not undertake the project. Mr. Hodne stated the petition response speaks for itself with 85% of the residents opposed to the project. Jim Gray, 4909 East Sunnyslope Road, stated his opinion that there is no need for total reconstruction of the streets at this time. Streets around his home seem to be in pretty good shape. Jack Hodne 4824 West Sunnyslope Road asked about the curb and gutter replacement. He stated there are only 8 property owners with curb and gutter. The proposed project is asking 64 property owners to pick up the tab for the 8 property owners with curb and gutter. Jack Rice, 4801 Hilltop Lane, expressed his surprise at the petition results. He was pleased to receive notice of improvement. Mr. Rice stated his belief that the precarious street condition was obvious. He expressed concern over the age of the neighborhood streets, and his desire to maintain property values by maintaining street condition. Mr. Rice added his positive experience with staff members’ expertise as a Council member. In his experience projects were completed on time, property restored and in his opinion staff recommendation should not be taken lightly. Mr. Rice urged Council to order the proposed improvement project. Tom Cousins, 4800 West Sunnyslope Road, asked when the last seal coating was done in this area. The streets currently seem to be in a similar condition as before the last seal coat. Mr. Cousins suggested seal coating would be a good thing to look at again. Engineer Hoffman responded the last seal coating was approximately ten years ago. John Kvam, 4925 East Sunnyslope Road, agreed the neighborhood streets appear to be in the same condition they were before the last seal coating. How many roads are annually seal coated? Engineer Hoffman replied approximately 15 miles of 140 asphalt roads are seal coated annually, and streets are seal coated approximately every ten years. Page 2 MinuteslEdina Citv CouncillMav 6. 1996 George Topar, 5709 Kemrich, stated he is not involved in the proposed improvement area, but suggested Council consider extending the term of the assessment for 35-40 years. Cheryl Reinersten, 4813 West Sunnyslope Road, stated there are many different sized lots in the area. Speaking for herself, Ms. Runersten explained she was willing to pay her 1/73 without asking her neighbors to pay extra for curb and gutter. The residents with curb and gutter need it because of the topography of the area. Mayor Richards asked how much of the total project cost would be used to repair the curb and gutter. Engineer Hoffman replied approximately $10,000 would be needed for curb and gutter repair. Member Smith asked the Engineer to respond to Mr. Cousins’ request for seal coating at this time. Engineer Hoffman stated there is more cracking in the street now as opposed to ten years. Staff has identified problem areas and believes investing more maintenance dollars in the identified problem areas is not cost effective. However, these “problems areas” would be ideal for the reclamation technique. Member Maetzold asked if the City has a policy of reviewing neighborhood streets and reconstructing as necessary in advance of a total breakdown? Engineer Hoffman replied the date of the last seal coating triggers a review of the streets. Staff determines the most efficient method of repair. Engineer Hoffman concluded that street reconstruction should take place before major deterioration occurs. Member Kelly stated her neighborhood, (Hilldale Area) went through this process two weeks ago. Member Kelly agreed with Mr. Rice that reconstructing streets alleviate problems with maintenance and keeps property values up, but expressed concern when 55 property owners are opposed to the project. Mayor Richards expressed his opinion that if the City has a policy of reviewing and reconstruction as shown by previous projects this project should move forward. If the project is not approved Mayor Richards does not feel any further general fund maintenance dollars should be expended in the area. Mayor Richards added the cost of the curb and gutter could be broken out and assessed to the benefitted properties. Member Smith expressed his support of the project while acknowledging the residents concerns. Member Smith asked the Engineer to respond to Mr. Topar’s suggestion of extending the assessment for thirty years. Member Smith asked if the curb and gutter could be left alone and the street still reconstructed. Engineer Hoffman replied ten years has been used as a standard for other projects, however, in Morningside twenty years was the term. Minnesota Statute allows a maximum term of thirty years for a special assessment. This decision can be made at the assessment hearing after completion of the project. Engineer Hoffman added curb and gutter could be left alone, but he would not recommend this course of action. Jack Hodne, 4824 West Sunnyslope, asked Council to make sure the final asphalt looks better than the test section on Hilltop Lane. Mr. Hodne withdrew his previous request to assess curb and gutter separately. Engineer Hoffman agreed the test section shows seams. Member Maetzold introduced the resolution ordering the Sunnyslope Area Street Reclamation Page 3 MinutedEdina City CouncillMav 6.1996 Project and moved its adoption, seconded by Mayor Richards: I Rollcall: Ayes: Members Maetzold, Smith, Richards Nay: Member Kelly Motion defeated. Non-petitioned improvement projects statutorily require a four fifth affirmative vote for adoption. *PUBLIC HEARING CONTINUED TO MAY 20.1996. FOR FINAL REZONING. ORDINANCE NO. DISTRICT (JERRY’S ENTERPRISES AND WELSH COMPANIES) GENERALLY LOCATED EAST OF YORK AVENUE AND WEST OF XERXES AVENUE Motion made by Member Smith and seconded by Member Maetzold to continue the public hearing for final rezoning, Ordinance No. 850 A-7, R-I Single Dwelling Unit District to PCD-3, Planned Commercial District (Jerry’s Enterprises and Welsh Companies) generally located east of York Avenue and west of Xerxes Avenue to May 20,1996. 850 A-7. R-I SINGLE DWELLING UNIT DISTRICT TO PCDS. PLANNED COMMERCIAL Motion carried on rollcall vote - three ayes. *PUBLIC HEARING CONTINUED TO MAY 20.1996. COMPREHENSIVE PLAN AMENDMENT FOR 6716.6720.6724 XERXES AVENUE (JERRY’S ENTERPRISES AND WELSH COMPANIES) Motion made by Member Smith and seconded by Member Maetzold to continue the public hearing for Comprehensive Plan Amendment for 6716,6720, and 6724 Xerxes Avenue (Jerry’s Enterprises and Welsh Companies) to May 20,1996. I Motion carried on rollcall vote -three ayes. *PUBLIC HEARING CONTINUED TO MAY 20.1996. FINAL PLAT APPROVAL FOR PARTS OF REGISTERED LAND SURVEY 629 AND LOTS 5. 6. AND 7. BLOCK 2. YORK TERRACE, [JERRY’S ENTERPRISES. WELSH COMPANIES AND CITY OF EDINA) GENERALLY LOCATED EAST OF YORK AVENUE AND WEST OF XERXES AVENUE Motion made by Member Smith and seconded by Member Maetzold to continue the public hearing for final plat approval for parts of Registered Land Survey 629 and Lots 5, 6, and 7, Block 2, York Terrace (Jerry’s Enterprises, Welsh Companies and City of Edina) generally located east of York Avenue and West of Xerxes Avenue to May 20,1996. Motion carried on rollcall vote -three ayes. *HEARING DATE SET FOR PLANNING MAlTERS Motion made by Member Smith and seconded by Member Maetzold setting public hearing date of May 20, 1996, for planning matters: I. Final Site Plan Approval - Centennial Lake Office Phase I, Centennial Lake Limited Partnership 2. Final Plat Approval - South Edina Development Third Addition, generally located south of 76th Street and east of France Avenue 3. Final Development Plan - Edina Properties (3917-3029 West 50th Street) Motion carried on rollcall vote - three ayes. I PUBLIC HEARING HELD: UTILITY AND DRAINAGE EASEMENT VACATION GRANTED (SCENIC VIEW 2ND ADDITION) Affidavits of Notice were presented, approved and ordered placed on file. Page 4 MinuteslEdina Citv CouncillMav 6.1996 Presentation by Enaineer Engineer Hoffman informed the Council when William Leadens, 5917 Amy Drive, sold his home the easement in question was discovered. Both staff and the utility companies have reviewed the request. During their review staff found a structure located in the north part of the easement. Therefore, staff is recommending a partial release of the easement keeping the northerly forty feet intact. I Mayor Richards called for public comment on the vacation request. No comment or objection was . heard. Member Smith moved adoption of the following resolution: RESOLUTION VACATING EASEMENT FOR UTILITY AND DRAINAGE PURPOSES WHEREAS, a resolution by the City Council adopted the 15th day of April, 1996, fixed a date for a public hearing on a proposed vacation of an easement for utility and drainage purposes; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on the 6th day of May, 1996, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described utility and drainage easement be and is hereby vacated effective as of May 6,1996: The N.E. quarter of the S.W. quarter of Section 32, Township I 17, Range 21, Hennepin County, Minnesota in the Scenic View Second Addition as described in Document No. 674937 on file in the Register of Titles Office in and for Hennepin County, Minnesota, except for the north forty feet of said easement. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.85. Motion seconded by Member Smith. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. *BID AWARDED FOR ARROWHEAD LAKE WEED HARVESTING Motion made by Member Smith and seconded by Member Maetzold for Arrowhead Lake weed harvesting to sole bidder, Midwest Aquacare at $314.00 per acre. Motion carried on rollcall vote - three ayes. Page 5 MinuteslEdina Citv CouncillMav 6.1996 I *BID AWARDED FOR MILL POND WEED HARVESTING Motion made by Member Smith and seconded by Member Maetzold for award of bid for Mill Pond weed harvesting to sole bidder, Midwest Aquacare at $290.00 per acre. Motion carried on rollcall vote - three ayes. *BID AWARDED FOR SPRING PAPER SUPPLY - ABOUT TOWN Motion made by Member Smith and seconded Member Maetzold for award of bid for paper supply for Spring Issue of About Town to sole bidder, Unisource, at $6,245.85. Motion carried on rollcall vote - three ayes BID AWARDED FOR COLD WATER METER REPLACEMENT AND RADIO READING DEVICE INSTALLATION Director of Public Works Hoffman noted on April 15, 1996, staff was directed to present a comprehensive report on the replacing of cold water meters and the addition of radio reading devices to the utility meter system. He elaborated during the 1980's, staff researched meter accuracy. After monitoring the system, staff recommended a water rate study be completed. The subsequent study indicated the need for water rate increases to develop necessary revenue to conduct infrastructure upgrades and replacements. A new rate structure was initiated January I , 1995. Results to date indicate sufficient funding is being developed to initiate the Utility Improvement Plan. Director Hoffman explained the five major elements of the plan: I. 2. 3. 4. 5. Upgrading meters and meter reading to a monthly billing system; Overhauling five sanitary sewer lift stations; Overhauling four iron removal water treatment plants; Continuing to repaint and rehabilitate water towers on a regular basis; and Upgrading existing supervisory control and date acquisition system which is 1973 vintage and is not effective in managing the system. Implementing the eight year Plan, in 1995 staff renovated the Gleason water tower for approximately $350,000.00. Also during 1995, staff reviewed potential systems to use with our metering systems and concluded a radio reading device versus phone lines would be the most cost effective. Staff recommended the meter program because of the age of the existing meter system. Revenue should increase a minimum of five percent or $300,000 per year with no water rate change. Analysis indicates half of all residential meters need replacement due to age. A goal of the program is getting on a twenty year meter replacement rotation. Radio reading technology is a cost effective way to produce an accurate monthly billing system and has the potential for developing an electronic bill paying. Current revenues support using the three year change-out program without any need to use bonding or other borrowing to accomplish the program. Director Hoffman stated staff recommends the project go forward as bid. I Following a brief Council discussion, Member Smith made a motion for award of bid for cold water meter replacements and radio reading devices installation to sole bidder, Hydro Supply Company at $2,423,084.00. Motion seconded by Member Maetzold. Rollcall: Page 6 MinuteslEdina Citv CouncillMav 6. 1996 Ayes: Kelly, Maetzold, Smith, Richards Motion carried. I *BID AWARDED FOR POLICE PROFESSIONAL LIABILITY INSURANCE Motion made by Member Smith and seconded by Member Maetzold for award of bid for Police Professional Liability Insurance to sole bidder, St. Paul Companies at $29,145.00. Motion carried on rollcall vote -three ayes. *BID AWARDED FOR PUBLIC OFFICIAL LIABILITY INSURANCE Motion made by Member Smith and seconded by Member Maetzold for award of bid for public officials liability insurance to recommended low bidder, National Union Fire Insurance Company at $1 6,764.00. Motion carried on rollcall vote - three ayes. *RESOLUTION APPROVED AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) Member Smith introduced the following resolution seconded by Member Maetzold and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF EDINA AND HENNEPIN COUNTY FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Edina, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant and HOME Programs. BE IT THEREFORE RESOLVED that the current Joint Cooperation Agreement between the City and the County be terminated and a new Joint Cooperation Agreement between the City and County be executed effective October I, 1996, and that the Mayor and the City Manager/Administration be authorized and directed to sign the Agreement on behalf of the City. ATTEST MAYOR CITY CLERK Resolution adopted. RESOLUTION AUTHORIZING YORK AVENUE COOPERATIVE CONSTRUCTION AGREEMENT WITH HENNEPIN COUNTY. AGREEMENT NUMBER PW-17-11-96 Engineer Hoffman reported the Cooperative Construction Agreement is the standard whereby the County and City split construction Page 7 MinuteslEdina City CouncillMav 6.1996 costs for the project. The Agreement stipulates the maintenance responsibilities for the project. Staff has reviewed the Agreement and finds the normal policy construction splits have been used and the appropriate maintenance items have been specified. The project has been bid by Hennepin County and is on a "fast-track" for approval so the project can begin in late June as suggested in the public hearings. The cost split for the project results in estimated expenditures of $660,428.00 for the County share of and the City share being $408,176.00 (including the Southdale property). I Staff recommends Council approve a resolution authorizing the Mayor and Manager to sign the Cooperative Construction Agreement. Member Kelly introduced the following resolution and moved its approval: RESOLUTION WHEREAS, agreement for participation in the construction of County State Aid Highway No. 31 between West 69th Street and West 66th Street, Hennepin County Project No. 9237, Agreement No. PWl7-I 1-96, has been prepared and presented to the City. WHEREAS, plans for Hennepin County Project No. 9237 showing proposed alignment, profiles, grades, and cross sections for the reconstruction of County State Aid Highway No. 31, within the limits of the City, as a State Aid Project, have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED, that said agreement be in all things approved. BE IT FURTHER RESOLVED, that the Mayor and Manager are authorized to sign Agreement No. PW 17-11-96, Hennepin County Project No. 9237. ADOPTED this 6th day of May, 1996. Member Maetzold seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. RESOLUTION AUTHORIZING EXPENDITURE OF STATE AID FUNDS FOR YORK AVENUE IMPROVEMENT PROJECT Engineer Hoffman informed Council a resolution authorizing use of municipal state aid funds is necessary in order to expend the funds for the York Avenue Improvement. Staff recommends an amount up to $400,000 be authorized for York Avenue Improvement Project S.A.P. 120-020-31. This amount should be adequate because a portion of funds for the project will come from special assessments to the benefitted property owners. Member Smith introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, it has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on C.S.A.H. No. 31 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as S.A.P. No. 120-020-31; NOW, THEREFORE, be it resolved, that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $400,000.00 to apply toward construction of said project and request the Commissioner of Transportation to approve this authorization. Motion seconded by Member Maetzold. Rollcall: Page 8 MinuteslEdina City CounciVMav 6.1996 Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. *FEASIBILITY REPORT PRESENTED: HEARING SET OF MAY 20. 1996. FOR STREET LIGHTING IMPROVEMENT FOR INTERSECTION AT SUSAN AND TRACY AVENUES Member Smith introduced the following resolution and moved adoption, seconded by Member Maetzold: RESOLUTION PROVIDING FOR PUBLIC HEARING ON STREET LIGHTING IMPROVEMENT L-38 INTERSECTION OF SUSAN AVENUE AND TRACY AVENUE BE IT RESOLVED, by the Edina City Council: I. The Chief Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed street improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. This Council shall meet on May 20,1996, at 7:OO P.M. in the Edina City Hall to consider in public hearing the views of all persons interested in said improvement. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second publication to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: 2. 3. (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING STREET LIGHTING INTERSECTION OF SUSAN AVENUE AND TRACY AVENUE IMPROVEMENT NO L-38 The Edina City Council will meet at the Edina City Hall, on Monday, May 20,1996, at 7:OO P.M. to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. INTERSECTION OF SUSAN AVENUE AND TRACY AVENUE Estimated Cost Improvement L-38 $682.69 or $1283.99 The area proposed to be assessed for a portion of the cost of proposed improvements includes: Lots 9 and 10, Blk 2, Lot 1, Blk 3, and Lot I, Blk 4, The Heights Fourth Addition. These properties are proposed to be assessed at approximately $170.67 or $321.00 per assessable lot depending on the location of the street light. Debra Mangen City Clerk Motion carried on rollcall vote - three ayes. *I996 CONTRACT SElTLED FOR TEAMSTERS LOCAL 320 (PUBLIC SAFETY DISPATCHERS & CSO'Sl Motion made by Member Smith and seconded by Member Maetzold approving the 1996 labor agreement between the City and Local 320 Teamsters representing Public Safety Page 9 MinuteslEdina Citv CouncillMav 6.1996 Dispatchers and CSO’s. Motion carried on rollcall vote -three ayes. ANNUAL MEETING OF ASSOCIATION OF METROPOLITAN MUNICIPALITIES NOTED Manager Rosland reminded Council of the Association of Metropolitan Municipalities’ 1996 Annual Meeting on May 23, 1996, at the Thunderbird Motel in Bloomington. He encouraged interested parties to communicate their interest in attending to staff so reservations could be made. CLAIMS PAID Member Maetzold made a motion to approve payment of the following claims as shown in detail on the Check Register dated May 2, 1996, and consisting of 44 pages: General Fund $313,275.64; Community Development Block Grant $1 0,920.00; Communications $1,483.73; Working Capital $831 0.43; Art Center $1 6,199.37; Swimming Pool Fund $3,673.46; Golf Course Fund $79,183.56; Ice Arena Fund $11,579.95; Gun Range Fund $415.08; Edinborough/Centennial Lakes $22,436.19; Utility Fund $31 6,506.39; Storm Sewer Utility Fund $1,069.56; Recycling Program $225.76; Liquor Dispensary Fund $236,233.28; Construction Fund $1 8,781 .I 9; TOTAL $1,040,493.59. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Motion carried. HEARING DATE SET -JUNE 3.1996. FOR PROPOSED AMENDMENT OF CERTAIN TERMS OF $6.735.000 MULTIFAMILY MORTGAGE REVENUE REFUNDING BONDS NERNON TERRACE PROJECT) Manager Rosland explained the Vernon Terrace Project Mortgage Revenue Refunding Bonds Series 1990 is scheduled to be remarketed on July 1,1996. The borrower, Ohmega Building Corporation, is requesting the final maturity date of the Bonds be extended. The City must schedule a public hearing to satisfy the requirements of federal income tax law relating to such proposed amendments. Staff recommended a resolution setting a June 3, 1996, hearing date for the proposed amendment of certain terms of $6,735,000 Multifamily Mortgage Revenue Refunding Bonds Series I990 for the Vernon Terrace Project. Member Smith introduced the following resolution and moved its approval: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED AMENDMENTS TO CERTAIN TERMS OF MULTIFAMILY MORTAGE REVENUE REFUNDING BONDS (VERNON TERRACE PROJECT) SERIES 1990 WHEREAS, pursuant to an Indenture of Trust dated as of July I, 1990, (“Indenture”) between the City of Edina, Minnesota (the “City”) and First Trust National Association, as trustee (the “Trustee”), the City issued its Multifamily Mortgage Revenue Refunding Bonds (Vernon Terrace Project) Series 1990 (the “Bonds”); WHEREAS, proceeds from the sale of the Bonds were loaned to Ohmega Building Corporation, Minnesota corporation (the “Company”), pursuant to a Loan Agreement dated as of July I, 1990 (the “Loan Agreement”) for the purpose of refunding prior bonds of the City issued to finance the acquisition and construction of a multifamily rental housing facility located in the City and known as Vernon Terrace Apartments (the “Project”); and I Page IO MinuteslEdina Citv CouncillMav 6.1996 WHEREAS, the Bonds are subject to mandatory tender and purchase on July I, 1996 (the “Mandatory Tender Date”); and WHEREAS, as of July I, 1993, the Company sold the Project to Ted Bigos who acquired the Project pursuant to a contract for deed; WHEREAS, in connection with the Mandatory Tender Date the Company has proposed certain amendments to the terms of the Bonds, in connection with which the Company is requesting that a public hearing be held to satisfy the requirements of federal income tax law relating to such proposed amendments. BE IT RESOLVED, THAT: I. This Council will conduct a public hearing on the proposed amendments to the terms of the Bonds described in the Notice of’Public Hearing attached hereto as Exhibit A (the “Notice”). The City Clerk of the City is hereby authorized to cause the Notice or a notice in substantially the same form as the Notice to be published not less than fifteen (15) days before the date fixed in the Notice as the date of the hearing in the official newspaper and a newspaper of general circulation of the City. Member Maetzold seconded the motion. 2. Ayes: Kelly, Maetzold, Smith, Richards Resolution carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:00 P.M. Page 11