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HomeMy WebLinkAbout1985-11-04_COUNCIL MEETINGi R AGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL REGULAR MEETING NOVEMBER 4, 1985 7:00 P.M. ROLLCALL MINUTES of Joint HRA /Council Meeting of October 7, 1985 approved as submitted or corrected by motion of , seconded by I. Resolution to Correct an Error in Description of Property Within the Southeast Edina Redevelopment District ADJOURNMENT EDINA CITY COUNCIL MINUTES of the Regular Meetings of September 16 and October 7, 1985, Joint HRA /Council Meeting of October 7, 1985, and the Budget Meetings of September 16, 17, 23 and 25, 1985, approved as submitted by motion of , seconded by I. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS. Affidavits of Notice by Clerk. Presentation by Planning Department. Public comment heard. Zoning Ordinance: First and Second Hearing requires four -fifth (4/5) favorable rollcall vote of all members of the Council to pass. Waiver of Second Reading: Four - fifths (4/5) favorable rollcall vote of all members of the Council required to pass. Lot Divisions, Plats, Appeals: Favorable rollcall vote of majority of quorum required to pass. Final Plat Approval of Property Zoned Planned District: Three - fifths (3/5) favorable rollcall vote of all members of the Council required to pass. A. Final Plat Approval 1. Warden Acres Austin 2nd Replat - Generally located south of Grove Street and east of Oak Lane 2. Parkwood Knolls 22nd Addition - Generally located north of Green Farms Road extended and west of Ridge Road B. Program for a Multifamily Housing Development - Grandview Development Corp. C. Amendment to Years X and XI Urban Hennepin County Community Development Block Grant Applications D-. Set Hearing Date (11/18/85) 1. Preliminary Plat Approval a• Barbara W. Feiler, 5201 Duncraig Road - Generally located north of Vernon Avenue and north of Duncraig Road b. Developers Construction, Inc., 6224 Interlachen Blvd. - Generally located north of Interlachen Boulevard and east of Blake Road . II. PUBLIC HEARING ON EASEMENT VACATION. Affidavits of Notice by Clerk. Presentation by Planning Department or Engineer. Public comment heard. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote to pass. A. Vacation of Utility and Street Easements — Dewey Hill Third Addition III. SPECIAL CONCERNS OF RESIDENTS IV.' 'AWARD OF BIDS A. Braemar Golf Course Club House - Bid Package #2 B. One Four Wheel Drive Articulated Loader (Continue to 11/18) C. One Computerized Diagnostic Engine Analyzer V. RECOMMENDATIONS AND REPORTS A. Suburban Hennepin Regional Park District Report - Marty Jessen B. City Hall Space Study Report (Continue to 11/18) C. Edina Centennial Celebration - 1988 D. Recommendation for Issuance of On -Sale Wine License - Szechuan Star Restaurant E. Set Hearing Date - Vacation of Utility Easements - Lots 11, 12, 13, Block 1, Meadow Lane II Addition (12/2/85) F. Special Concerns of Mayor and Council G. Post Agenda and Manager's Miscellaneous Items VI. RESOLUTIONS. Favorable rollcall vote by majority of quorum to pass. A. Agreement with MN Department of Public Safety for Loan of PBT Instruments B. Sanitary Sewer Connection HC -10 - 6528 Maloney Avenue C. Resolution to Correct an Error in Description of Property Within the Southeast Edina Redevelopment District Agenda Edina City Council Page Two VII. FINANCE * A. Claims Paid. Motion of seconded by , for payment of the following claims dated 11/4/85: General Fund $210,181.01, Revenue Sharing Fund $10.00, Park Fund $22.50, Art Center $1,091.88, Golf Course Fund $24,506.34, Recreation Center Fund $3,943.99, Gun Range Fund $67.44, Utility Fund $18,513.84, Liquor Dispensary Fund $943.80, Construction Fund $3,978.85, Total $263,259.65 SCHEDULE OF UPCOMING MEETINGS /EVENTS Monday Nov 4 Regular Council Meeting Monday Nov 11 VETERANS DAY - City Hall Closed Friday Nov 15 Edinborough Groundbreaking Monday Nov 18 Regular Council Meeting Thurs Nov 28 THANKSGIVING DAY - City Hall Closed Friday Nov 29 DAY AFTER THANKSGIVING DAY - City Hall Closed Monday Dec 2 Regular Council Meeting Monday Dec 9 Special Council Meeting - Accessory Uses 7:00 p.m. Council Room 5:00 p.m. 7101 York Av 7:00 p.m. Council Room 7:00 p.m. Council Room 7:00 p.m. Conference Rm Monday Dec 16 Regular Council Meeting 7:00 p.m. Council Rm i % MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 16, 1985 Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor Courtney. RESOLUTION OF WELCOME ADOPTED. Mayor Courtney introduced the following resolution, and Member Turner moved its adoption: RESOLUTION OF WELCOME TO THE SUZUKI CHILDREN OF JAPAN WHEREAS, the City of Edina is proud to be the host City for two of the concert appearances of the Suzuki Children from Japan and special events occuring all day on Saturday, October 5th; and WHEREAS, we encourage the Suzuki Group and their-escorts to sample the many cultural offerings of our City and area during their visit; and WHEREAS, we extend our appreciation to the Studio Grand for making it possible for the Suzuki Children to appear in our City, and for enabling our youth to enhance their musical appreciation and knowledge; and WHEREAS, the City of Edina and its Chamber of Commerce fully support and foster the exchange of artistic talents throughout the world. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, that the Mayor, the Council and the citizens of Edina welcome the Suzuki Children from Japan to the United States, and with the Chamber of Commerce, we extend the City's hospitality, congeniality, and warm wishes for a pleasant visit and every success in their concert appearances. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. PUBLIC HEARINGS CONDUCTED ON NUMEROUS ASSESSMENTS. Affidavits of Notice were pre- sented by Acting City Clerk, approved as to form and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as hereinafter recorded on the following proposed assessments: 1. STREET IMPROVEMENT NO. BA -137A Location: Hansen Road from Vernon Avenue to West 60th Street Mr. Rosland presented Analysis of Assessment for Street Improvement No. BA -137A showing total construction cost of $114,437.20 proposed to be assessed against 5,122.26 assessable feet (Single Family) and 24 multi units, at $20.00 per assessable foot (Single Family) and $574.00 per assessable multi unit, against estimated assessment of $20.00 per assessable foot (Single Family) and $574.00 per assessable multi unit. Jim Fosen of 5704 Hansen Road presented a formal objection to the proposed special assessment of $6,896.20 on his property. His objections were: 1) to the amount of the assessment based on the irregular size and shape of the lot; 2) lack of reimbursement or replacement of numerous trees removed without his consent; 3) lack of replacement of boulevard trees; and 4) loss of parking on Hansen Road 24 hours a day. Engineer Hoffman commented that there are boulevard trees that need replacing. Member Richards suggested allowing $1,000 to pay for-the trees, only if the contractor )Midwest Asphalt Corporation) backs up this cost so that the City does not assume this respon- sibility. Member Richards also suggested adjusting Mr. Fosen's assessment to approximately $4,500, based on reducing the assessable footage by one - third. No other objections were heard, and no additional written objections to the proposed assessment were received prior hereto. (Assessments levied by Reso- lution later in Minutes.) 2. WATERMAIN IMPROVEMENT NO. WM -352 Location: Arthur Street in Mendelssohn 2nd Addition 3. SANITARY SEWER IMPROVEMENT NO. SS -368 Location: Arthur Street in Mendelssohn 2nd Addition 4. GRADING AND GRAVELING IMPROVEMENT NO. C -141 Location: Arthur Street in Mendelssohn 2nd Addition 5. STORM SEWER IMPROVEMENT NO. ST.S. -174 Location: Arthur Street in Mendelssohn 2nd Addition Improvements listed under 2, 3, 4 and 5 above affecting the same properties, public hearing was conducted concurrently. Mr. Rosland presented Analysis of Assessment for Watermain Improvement No. W14 -352 showing total construction cost of $2,992.68 proposed to be assessed against four assessable lots at $748.17 each, against estimated assessment of $1,137.76 per assessable lot, to be spread over three years. Analysis of Assessment for Sanitary Sewer Improvement No. SS -368 was given as total construction cost of $4,353.52 proposed to be assessed against four assessable lots at $1,088.38 each, against estimated assessment of $1,574.79 per assessable lot, to f 9/16/85 be spread over three years. Analysis of Assessment for Grading and Graveling Improvement No. C -141 was presented showing total construction cost of $4,414.12 proposed to be assessed against four assessable lots at $1,103.53 each, against estimated assessment of $1,102.87 per assessable.lot, to be spread over three years. Analysis of Assessment for Storm Sewer Improvement No. St.S. -174 was given as total construction cost of $11,440.40 proposed to be assessed against four assessable lots at $2,860.10 each, against estimated assessment of $2,401.98 per assessable lot, to be spread over three years. No objections were heard, and no written objections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) 6. STREET LIGHTING IMPROVEMENT NO. L -25 Location: Between 6209 and 6217 Parnell Avenue Mr. Rosland presented Analysis of Assessment for Street Lighting Improvement No. L -25 showing total construction cost of $379.00 proposed to be assessed against four assessable lots at $94.75 each,.against estimated assessment of $91.00 per assessable lot,.to be allocated to taxes due and payable in 1986. No objections were heard, and no written objections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) 7. STREET LIGHTING IMPROVEMENT NO. L -26 Location: Corner of Ashcroft Lane and West 63rd Street Mr. Rosland presented Analysis of Assessment for Street Lighting Improvement No. L -26 showing total construction cost of $855.00 proposed to be assessed against four assessable lots at $213.75 each, against estimated assessment of $210.00 per assessable lot, to be allocated to taxes due and payable in 1986.. No objections were heard, and no written objections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) 8. MAINTENANCE IMPROVEMENT NO. M -85 Location: 50th Street and France Avenue Business District Mr. Rosland presented Analysis of Assessment for Maintenance Improvement No. M -85 showing total construction cost of $31,590.98 proposed to be assessed against 289,030 square feet of assessable units at $0.1093 per assessable square foot, against estimated assessment of $0.11 per assessable square foot, to be allocated to taxes due and payable in 1986. No objections were heard, and no written ob- jections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) 9. SANITARY SEWER HOUSE CONNECTION NO. HC -9 Location: 6128 Abbott Avenue Mr. Rosland presented Analysis of Assessment for Sanitary Sewer House Connection No. HC -9 showing total construction cost of $4,383.00 proposed to be assessed against one lot, to be spread over six years. No objections were heard, and no written objections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) Following presentation of Analyses of Assessments, Member Richards introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF VARIOUS PUBLIC IMPROVEMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearings as required by law on the proposed assessment rolls for the improvements hereinafter referred to, and at such hearings held September 16, 1985, has considered all oral and written objections presented against the levy of such assessments. 2. Subject to the amendment made in paragraph 3 of this resolution, each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the "following improvements: Street Improvement No. BA -137A Watermain Improvement No. WM -352 Sanitary Sewer Improvement No. SS -368 Grading Improvement No. C -141 Storm Sewer Improvement No. St.S. -174 Street Lighting Improvement Nos. L -25 and L -26 Maintenance Improvement No. M -85 Sanitary Sewer House Connection No. HC -9 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of-land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. Said assessments are hereby amended as follows: Street Improvement No. BA -137A - the assessable footage for Part of Lot 6 and 7, Garden Park (32- 117 -21 -14 -0053) shall be reduced by one - third. 4. The assessments shall be payable in equal annual installments, the first of said installments, together with interest at a rate of 10.2% per annum on the entire i 9/16/85 assessment from the date hereof to December 31, 1986, to be payable with the general taxes for the year 1986. ,The number of such annual installments shall be as follows: Name of Improvement Number of Installments STREET IMPROVEMENT NO. 137A 10 years WATERMAIN IMPROVEMENT NO. WM -352 3 years SANITARY SEWER IMPROVEMENT NO. SS -368 3 years GRADING IMPROVEMENT NO. C -141 3 years STORM SEWER IMPROVEMENT NO. ST.S. -174 3 years STREET LIGHTENING IMPROVEMENT NO. L -25 1 year STREET LIGHTENING IMPROVEMENT NO. L -26 1 year MAINTENANCE IMPROVEMENT NO. M -85 1 year SANITARY SEWER HOUSE CONNECTION NO. HC -9 6 years 5. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 6. The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any right -of -way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall: Ayes: Bredesen -, Kelly, Richards, Turner, Courtney Resolution adopted. ORDINANCE NO. 825 -A9 GRANTED FIRST READING; R -1 TO R -2 ZONING FOR FOLKE VICTORSEN (6101 FRANCE AVENUE SOUTH). Affidavits of Notice were presented by Acting Clerk, approved and ordered placed on file. Planner Larsen explained that the subject pro - perty measures 195 feet in width and 137 feet in depth and contains 26,805 square feet. The property is zoned R -1 and was, until recently, developed with a single dwelling. The house was removed prior to application for rezoning and subdivision. The proponent, Mr. Folke Victorsen, had submitted a preliminary plat which would create two lots each being 97.5 feet in width and would contain 13,343 and 13,462 square feet of area respectively. The Zoning Ordinance requires that R -2 lots be 90 feet in width and contain a minimum of 15,000 square feet. Consequently, each new lot would need a lot area variance to become a buildable lot. Mr. Larsen pointed out that there are 29 lots between 60th Street and the Crosstown Highway east of France Avenue; 22 are zoned and developed R -2 lots with the remainder zoned and developed as single dwelling units. Lot widths for the R -2 lots range from 75 feet to 100 feet, with an average lot width of approximately 86 feet. Lot areas average slightly over 11,000 square feet. On the west side of France Avenue, properties north of the subject site are zoned R -1 and properties to the south are zoned R -2. Lot sizes are similar to those found on the east side of France Avenue. Mr. Larsen further explained that the Comprehensive Plan shows the subject property as Low Density Attached Residential, and double bungalow development- is included in this designation. Mr. Larsen concluded that the resulting lots will be similar in depth and slightly wider than neighboring R -2 -lots. The new lots will be compatible with and will not alter the symmetry of the neighborhood. The proposal is also consistent with policies established in the Comprehensive Plan, and staff supports the proposed rezoning and subdivision. Mr. Folke Victorsen was present, and he indicated that he was planning on living in one of these units. Member Richards had concern that these buildings would turn into four -unit dwellings, therefore having to grant another variance. No further comments being heard, Member Turner introduced Ordinance No. 825 -A9 for First Reading as follows: ORDINANCE N0. 825 -A9 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY ADDING TO THE DOUBLE DWELLING UNIT DISTRICT (R -2) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding the following thereto: "The extent of the Double Dwelling Unit District (Sub- District R -2) is enlarged by the addition of the following property: That part of the Southwest 1/4 of the Southwest 1/4 of Section 20, Town- ship 28 North, Range 24 West of the 4th Principal Meridian, described as follows: Beginning at a point distant 442.7 feet North of the Southwest corner of said Southwest 1/4 of the Southwest 1/4 and on the West line thereof; thence East and parallel with the South line of said Southwest 1/4 of the Southwest 1/4 a distance of 170.0 feet; thence North a distance of 195.0 feet; thence West a distance of 170.0 feet to the West line of said Southwest 1/4 of the Southwest 1/4; thence South along said West line a distance of 195.0 feet to place of beginning, EXCEPT that part of the Southwest Quarter of the Southwest Quarter of Section 20, Township 28, 9/16/85 Range 24 describedas follows: Commencing at the Northwest corner of Lot 10, Block 1, Edina BelAir 6th Division; thence Easterly along the North line of said lot to the Northeast corner of said lot; thence North two and seven - tenths feet; thence Westerly to the point of beginning. ALSO: The South 2.3 feet of that Part of Lot 4, Block 1, Edina BelAir 6th Division, lying Westerly of the following described line, to -wit: Commencing at the Southwest corner of said Lot 4; thence Northerly in a straight line along the Westerly line of said lot and an extension thereof to the most Northerly line of said lot. ALSO: That part of Lot 4, Block 1, Everth, described as follows: Commencing at the Southwest corner of said lot; thence Easterly along the South line of said lot to the Southeast corner thereof; thence Northerly along the East line of said lot two and three - tenths feet; thence Westerly to the point of beginning." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for First Reading.of the ordinance was seconded by Member Kelly. Rollcall: Ayes: Bredesen, Kelly, Turner, Courtney Nays: Richards Ordinance granted First Readong. PRELIMINARY PLAT APPROVED FOR FOLKE R. VICTORSEN SUBDIVISION. Affidavits of Notice were presented by Acting City Clerk, approved and ordered placed on file. Planner Larsen explained that this is the same property which was just changed from R -1 Single Dwelling District to R -2 Double Dwelling District. No further comments being heard, Member Turner introduced the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR FOLKE R. VICTORSEN SUBDIVISION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat.entitled "Folke R. Victorsen Subdivision," platted by Cardarelle and Associates, and presented at the regular meeting of the City Council of September 16, 1985, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall: Ayes: Bredesen, Kelly, Turner, Courtney Nays: Richards Resolution adopted. PRELIMINARY PLAT APPROVED FOR PARKWOOD KNOLLS 22ND ADDITION. Affidavits of Notice were presented by Acting City Clerk, approved and ordered placed on file. Planner Larsen informed the Council that the proposed plat is located north of Green Farms Road extended and west of Ridge Road. This plat represents a portion of approx- imately 70 acres of vacant land which the owner, Carl .Hansen, is developing for single dwelling .lots on an incremental basis. In 1978, the Planning Commission and City Council approved a preliminary plat for the entire property, and today approximately 129 lots remain from this preliminary plat. Mr. Larsen explained that Mr. Hansen has submitted a plat illustrating 16 lots involving 7.902 acres. Lots range from 15,396 square feet to 20,046 square feet in area. All of the lots conform to the standards set forth in the Zoning Ordinance. Mr. Larsen pointed out that the plat .shows the extension of Green Farms Road northerly to intersect with adjacent property owned by Mr. Loufek. This property has received a pre- liminary plat approval which illustrates the further extension of Green Farms Road to intersect with Interlachen Boulevard.. Mr. Larsen continued that the City's Engineering Department has reviewed the plat and has recommended modifications to the proposed road grade. They have also recommended the installation of a storm sewer to serve this property and adjacent property to the north. Mr. Larsen concluded that staff recommends approval of the preliminary plat conditioned upon a developer's agreement which satisfactorily addresses the road grade and storm sewer issues. The plat is consistent with the overall preliminary plat approved earlier, and the lots are generally consistent with other lots in the area. No further comments being heard, Member Bredesen introduced the following resolution and moved its adoption, subject to a satisfactory developer's agreement: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR PARKWOOD KNOLLS 22ND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Parkwood Knolls 22nd Addition," platted by Carl M. Hansen, and presented at the regular meeting of the City Council of September 16, 1985, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. 9/16/85 PRELIMINARY PLAT DENIED FOR INTERLACHEN HEIGHTS. Affidavits of Notice were pre- sented by Acting City Clerk, approved and ordered placed on file. Planner Larsen explained that the proposed plat is located west of Ridge Road and north and south of Interlachen Boulevard. The applicant's subdivision plan proposes 20 R -1 lots for the property, and Lot 7 of the proposed plat would be retained for the existing home. The proposed lots are very large, ranging from 17,500 square feet to 34,900 square feet with an average of 23,000 square feet. Mr. Larsen explained that the request had been continued to allow the proponent time to resolve the issue of the extension of Green Farms Road north to intersect with Interlachen Boulevard. The proponent has submitted no new plans or information relative to the revised plat proposal. Staff's position relative to the road is that it should be extended, but Staff recommends denial of the revised preliminary plat. Mr. C. W. Loufek of 6600 Interlachen Boulevard was present and indicated he was disappointed that they had not moved ahead with this as originally proposed to the Planning Commission. There being no further discussion, Member Bredesen moved denial of this preliminary plat proposal for Interlachen Heights;,the motion was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. CONDITIONAL USE PERMIT APPROVED FOR THE CITY OF EDINA, BRAEMAR CLUBHOUSE AT 6364 DEWEY HILL ROAD. Planner Larsen explained that the City of Edina has submitted an application for a Conditional Use Permit to allow the construction of a major addition to the clubhouse at Braemar Golf Course. Clubhouses are considered a Conditional use in the R -1 District. Mr. Larsen indicated that construction would begin in the fall and be completed prior to spring opening. The proposed addition will enlarge most existing areas and add a meeting room with a seating capacity of approximately 200. The lower level will contain enlarged and remodeled locker rooms and new lounges. On the upper floor, the existing clubhouse area, grill and kitchen will remain unchanged. A new main entrance will be provided at the northeast corner of the building. The pro shop will be expanded to house offices for the course . manager and pro. The new meeting room will be situated to the south of the existing building. Mr. Larsen added that exterior modifications will include additional parking and regrading of the first and tenth tees immediately west of the clubhouse. Following this regrading, the tees will be visible from the clubhouse. The design and materials of the addition will match the existing clubhouse. Mr.-Larsen pointed out that clubhouses are required to provide parking spaces equal in number to one -third the maximum seating capacity, plus one space for each employee on the major shift. Following the expansion, there will be seating for approximately 275 with 15 employees on the major shift. Current parking of 275 spaces is.well in excess of the required 107 spaces. Further, an additional expansion of the parking lot is planned which will provide 100 more spaces. Mr. Larsen concluded that staff recommends approval of the Conditional Use Permit. No further comments being heard, Member Richards offered the following resolution and moved its adoption: RESOLUTION GRANTING CONDITIONAL USE PERMIT WHEREAS, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance) have been met; and WHEREAS, it has been determined that the Findings as required by Ordinance No. 825 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby.grants a,Condi- tional Use Permit to the City of Edina, Braemar Clubhouse, 6364 Dewey Hill Road, for the purpose of constructing a major addition to the existing clubhouse at Braemar Golf Course and expanding the parking lot. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. FINAL DEVELOPMENT PLAN FOR JAMES W. NELSON AT 3922 -30 WEST 492 STREET APPROVED. Planner Larsen informed the Council that the subject property measures approxi- mately 118 feet by 125 feet and is 14,750 square feet in area. The property is developed with a building containing a gross floor area of 8,000 square feet. The building has ten private parking spaces on the north side with the remainder of required parking provided by the municipal lot and ramp. Mr. Larsen added that the proponents have submitted a request to add a,second floor to the.building which would approximately double the floor area of the building. The property is located within the 50th and France Tax Increment District. The original plan for the District limited expansion potential to certain designated properties in the District. This property was not designated as having expansion potential. However, in 1978 9/16/85 the HRA adopted a policy which spread development potential more evenly throughout the District. The policy stated that expansion up to a floor area ratio (FAR) of 1.0 should be permitted using existing public parking to satisfy parking requirements. Expansion between 1.0 and 1.5 FAR (the maximum permitted in the PC -2 District) would be permitted only if additional private parking was provided. Using the Zoning Ordinance definition of gross floor area, the FAR, following the proposed addition, would be 0.97. Mr. Larsen explained that properties within the District were originally assessed for parking on the basis of existing floor area plus -any expansion potential. The policy adopted by the HRA in 1978 required that properties not originally shown with expansion potential which expand in the future should be assessed for parking on a square foot basis. The proposed expansion would be subje. to $2.155 per square foot assessment for public parking. Mr. Larsen continued that the proposal calls for continuing the wood facade of the existing building on the 492 Street side and stucco on all other walls. Areas which are currently unfinished cement block would be covered with stucco. Mr. Larsen concluded that this property.was one of several in the District identified by the HRA with expan- sion potential. To date, none of these properties has undergone an expansion. Conditions in the District have changed little since the HRA adopted its present policy towards expansion. The request conforms to the HRA's policy, and staff recommends approval of the Final Development Plan. There being no further dis- cussion, Member Bredesen moved adoption of the following resolution: RFS(1T.TTTTM BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for James W. Nelson at 3922 -30 West 492 Street, presented at the regular meeting of the City Council of September 16, 1985, be and is hereby approved. Motion for adoption of the resolution was seconded by Member Richards. Rollcall: Ayes: Bredesen, Kelly, Richards, Courtney Abstained: Turner Resolution adopted. FINAL DEVELOPMENT PLAN FOR MAIL HANDLING, INC., AT 7225 WASHINGTON AVENUE SOUTH APPROVED. Planner Larsen explained that the subject property was originally developed as a roller skating rink. When the present owner acquired the property, he converted it to its present mail processing and envelope- making operation. This conversion included an up -grade of the exterior finish. Mr. Larsen continued that the owner has submitted a request to construct an addition to the east side of the building which would contain 8,235 square feet. Since the site is less than three acres (2.12), the maximum allowable lot coverage is 30 percent. The proposed addition would increase the lot coverage to 31.5 percent; thus, a 1.5 percent lot coverage variance is requested. Mr. Larsen pointed out that in the Planned Industrial District required parking is determined by totaling the requirements for individual uses or one space for each 400 square feet of gross floor area, whichever is greater. Applying the requirement for individual uses, a parking requirement of 59 spaces results. However, at one space for each 400 square feet of gross floor area, a requirement of 73 spaces results. The proposed plan proposes a total of 68 spaces; thus, a five -space parking quantity variance is requested. Mr. Larsen added that in addition to a site plan, a landscaping plan and exterior elevations have been sub- mitted. The proposed exterior materials would have to match the existing building, which is split -face concrete block; the materials conform to the requirements of the Ordinance. The plan does,not indicate the size of existing and relocated plant materials, and the new stock appears to be below Ordinance minimums. Mr. Larsen concluded that the owner's attorney, Peter Beck,.described the proposal in a letter which provided justification for the request. In staff's opinion, the impact of the additional lot coverage is not significant on this particular property, and staff supports the requested lot coverage variance. Staff recommends approval of the Final Development Plan and the lot coverage and parking variances with the following conditions: 1) The addition be limited to warehouse - storage use; and 2) The landscape plan be subject to staff approval. The owner of Mail Handling, Inc., Mr. Tom Silver, was present and had no comments. There being no further discussion, Member Bredesen offered the following resolution and moved its adoption, subject to the two aforementioned conditions: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Mail Handling, Inc., at 7225 Washington Avenue South, presented at the regular meeting of the City Council of September 16, 1985, be and is hereby approved, subject to the conditions that the addition be limited to warehouse - storage use and that the landscape.plan be approved by staff. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. 9/16/85 TRAFFIC SAFETY COMMITTEE MINUTES OF SEPTEMBER 10, 1985, APPROVED. Member Bredesen's motion was seconded by Member Kelly to approve the following recommended action as listed in Section A of the Traffic Safety Committee Minutes of September 10, 1985: 1) That the requested signal be installed at Cahill Road and West 78th Street conditional upon the State's acceptance of Edina Warrants and the eligibility of State aid funding for the project; 2) That a NO PARKING HERE TO CORNER sign be installed fifty (50) feet north of the frontage road entrance to the Community Center parking lot; 3) That NO TURN ON RED, 7 -9 AM, 4 -6 PM, signs be installed at the intersection of northbound Grange Road at West 50th Street and regulatory signs be erected at the north and west entrances to the .Edina City Hall parking lot indicating NO THROUGH TRAFFIC; regulations should be instituted after December 1, 1985; and to acknowledge Sections B and C of the Minutes. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. REPORT ON ACCESSORY USES REFERRED TO CITY COUNCIL STUDY SESSION. Mr. Rosland pointed out the results of staff's examination of accessory uses in residential areas. The report regarding structure contains items which are addressed pri- marily in the Zoning Ordinance-. The section regarding vehicles and miscellaneous is primarily controlled through the Nuisance Ordinance. To a lesser degree, the Animal Control, Swimming Pool, Antenna and Garbage Ordinances are involved. Mr. Rosland indicated that this report could be referred to the Planning Commission for review of the.recommendations and then return the study to the Council. Another possibility would be for the Council to get together in a study session. Member Bredesen suggested that the Planning Commission begin first with their review at the October 2 Planning Commission Meeting and then the report could be brought before the Council in a study session on the second Monday in November. This suggestion was supported unanimously, and there was no further discussion. COMMUNITY HEALTH SERVICES CONTRACT FOR 1986 -1987 APPROVED. Mr. Rosland reminded the Council of their agreement on May 20, 1985, that it would be beneficial to enter into a two -year contract for Public Health Nursing Services in Edina. This had come about at the urging of the Edina Health Advisory Committee and was based on the premise that the delivery of these services should be coordinated with the two - year Community.Health Services planning cycle. Bid specifications were mailed out to Methodist Hospital, Fairview Home Health, Park Nicollet Clinic, Metropolitan Visiting Nurse Association and Bloomington Division of Public Health. On August 28, 1985, the Edina Community Health Services Advisory Committee met to review the submitted bids for the provision of Public Health Nursing Services in Edina for 1986 and 1987. Bloomington and Fairview were the only two agencies who had submitted bids, and these bids were as follows: 1986 1987 Bloomington $ 82,500 $ 86,500 Fairview $111,425 $121,735 Mr. Rosland indicated that the present contract :with Bloomington is $78,500, and he informed the Council that the Committee had voted to recommend Bloomington for award of the 1986 -87 contract. Sharon Aadalen, Chair of the Edina Health Advisory Committee, spoke in regard to the desire for health services that could be clearly identified in Edina; however, there has been nothing but satisfaction with the services provided by Bloomington. She felt it appropriate that the Committee recommend Bloomington's proposal, not only because of the lower cost but also because of the-qualifications of the personnel in their agency and the nature of the programs that are being provided. Member Kelly expressed her hope that Edina appreciates all the wonderful people involved in the health care profession, and she wanted to compliment them on the excellent work they have done. There being no further discussion, Member Kelly's motion that the Community Health Services Contract for 1986 -1987 be awarded to the Bloomington Division of Public Health was seconded by Member Turner. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. EDINA REGULATIONS GOVERNING GARAGE SALES, ESTATE SALES AND SUNDAY SALES DISCUSSED. Mr. Rosland explained that the key questions concerning this issue were the restriction of merchandise from outside the home and Sunday sales of property. The Garage Sale Ordinance states that the items offered for sale must be owned by the owner of the premises or by friends of the owner of the premises and shall not have been bought for resale or received on consignment for the purpose of resale. The Ordinance permits one sale of products per year on residentially -zoned property, and the maximum duration of a sale is 72 hours, or three days. Mr. Rosland indicated that the law states that-an Edina resident cannot in theory sell anything 9/16/85 on Sunday; with all the activity going on every Sunday, this statute is obviously in need of revision. Member Kelly asked if a neighborhood operation is different than a commercially -zoned operation; Mr. Erickson pointed out that the Ordinance does allow 72 consecutive hours for sales in residential areas which more than likely would occur on the days Friday through Sunday. Mr. Erickson also indicated that an ordinance that would indicate selling of property on Sunday in residential areas to be illegal would be enforceable. Member Bredesen questioned if this also encompassed the selling of a home on Sunday, or more specifically an open house. Mr. Erickson expected that this point would be included in the ordinance's restriction. Mr. Rosland explained that staff is now attempting to work out a centerfold for the Edina Sun - Current with "neighborly" reminders of the ordinances in this city. Member Turner would support this approach in reminding citizens of all kinds of activities, but she sees no distinction between an estate sale and a large party with regard to the activity that is generated in the residential neighborhood. Therefore, she sees trying to enforce these types of Sunday activities as discrimina- tory and impossible. Mr. Rosland's plan to pursue the centerfold concept in the Sun - Current was unanimously supported. There was no further discussion. BIDS TO BE TAKEN FOR PUBLIC IMPROVEMENTS. Mr. Rosland reported that City staff has received a favorable preliminary review by MNDOT on the proposed reconstruction of Braemar Boulevard adjacent to the new Executive Nine Course. The review by MNDOT was favorable with the additional funding allowance of an eight -foot bituminous path adjacent to the reconstructed roadway. The project is to be tied to the golf course construction project with just one prime contractor in charge of all work,' which allows for the use and re -use of the soils as necessary on the two projects.' The roadway will be raised slightly to remain above the one hundred year flood elevation of the ponds.being developed on the new course. The estimated cost for the golf course work is approximately $235,000.00, and the roadwork is $459,000.00; significant costs can be funded under the state -aid roadway project. As recom- mended by Mr. Rosland, Member Bredesen offered the following resolution and moved its adoption: RESOLUTION ORDERING STREET IMPROVEMENT NO. BA -268 BE IT RESOLVED by the Council of the City of Edina,.Minnesota, that it has considered the feasibility of the following proposed improvement: STREET IMPROVEMENT NO. BA -268 Braemar Boulevard from Gleason Road to 1890' West S.A.P. 120 - 138 -04 and does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA -268; the cost of which shall be paid from municipal state -aid funds. The Clerk shall cause to be published in the Edina Sun - Current and Construction Bulletin the following notice of bids for improvements: (Official Publication) CITY. OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 Hennepin County, Minnesota ADVERTISEMENT FOR BIDS GRADING, GRAVELING, BITUMINOUS STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. BA -268 S.A.P. - 120 - 138 -04 GOLF COURSE CONSTRUCTION, GRADING, FILLING, DREDGING AND TURF ESTABLISHMENT IMPROVEMENT 85 -11A CONTRACT 485 -11 (ENG) SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 W. 50th Street at 11:00 A. M., Thursday, October 3, 1985. The Edina City Council will meet at 7:00 P. M., Monday, October 7, 1985, to consider said bids. The following are approximately major quantities: 55,400 C/Y Excavation 42,700 C/Y Common Borrow 7,772 Tons Cl. 2 Gravel 19,000 C/Y Dredging 1,434 L/F 12, 15, 18" &.38 X 57 Storm Sewer Pipe 2,361 Tons, Bituminous 44,250 S/Y Geotextile Fabric 22 Acres Seed, Sod & Planting Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Bids shall be addressed to the City Engineer, City of Edina, 9/16/85 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. Bids received by the City Engineer, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. Plans and specifications are available for a deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. The City Council reserves the right to reject any or all bids. All plans mailed must have enclosed a separate check for $5.00 payable to the City of Edina for postage and handling. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn, City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. HEARING DATE SET FOR PUBLIC IMPROVEMENTS ON WEST 44TH STREET AND WOODCREST DRIVE. Mr. Rosland reported that sidewalk replacement along West 44th Street between Browndale and France Avenue and along Woodcrest Drive.south of West 56th Street has been investigated, and it has been determined that it is feasible and its construction would be in the best interest of the City of Edina. Mr. Rosland suggested that a hearing date be set for October 7, 1985. Member Richards offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON SIDEWALK REPLACEMENT P -S -35 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, October 7, 1985, at 7:00 P. M. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. 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 of which publication is 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: (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING SIDEWALK REPLACEMENT IMPROVEMENT NO. P -S -35 The Edina City Council will meet at the Edina City Hall on Monday, October 7, 1985, at 7:00 P. M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvement is estimated by the City as set forth below: West 44th Street between Browndale and France . Avenue; Woodcrest Drive south of West 56th St. ESTIMATED COST Sidewalk'Replacement $14,032.90 Improvement No. P -S -35 Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. VIEW OBSTRUCTION ON ACCESS ROADS DISCUSSED. Member Kelly indicated her concern that hedges are obstructing the view on numerous access roads. Mr. Rosland explained that there is a "Clear View" Ordinance, and he remarked that there is also a big problem in just backing out of driveways in many cases. The Police look at these situations and turn in recommendations; the Park Department is asked to make the necessary trim - backs. The homeowner is also asked to voluntarily keep these hedges 9/16/85 trimmed for better safety. Police Chief Swanson ensured the Council that they always respond to calls received regarding this matter. There were no further comments. INTERVIEWING PROCESS FOR BOARDS AND COMMISSIONS DISCUSSED. Member Turner reported that on September 17, 1985, at 6:30 P. M., there will be interviews for the remaining appointments for Boards and Commissions. AMM OUTREACH MEETING ANNOUNCED. Member Turner reported that on October 1, 1985, at 7:30 A. M., there will be an AMM Outreach Meeting, which is an opportunity for Mayors, Council Members and City Managers to come and ask members of the Board and staff of AMM any questions they have or to raise issues they feel AMM ought to address. This is the last of a whole series of meetings around the metro area. This particular meeting will be held at JP's Coffee Shop at Jerry's Super Valu at 5125 Vernon Avenue in Edina. RESOLUTION ADOPTED SUPPORTING PASSAGE OF HOUSE FILE 1273 /SENATE FILE 1292. Mr. Rosland reminded the Council of the resolution adopted at.the April 1, 1985, meeting which supported the passage of House File 1273 /Senate File 1292. The purpose of the bill was to modify Edina's special law pertaining to the Edina Volunteer Firefighters Relief Association, which was being amended in order to avoid the possibility of unintentionally reducing service benefits payable to survivors of young firefighters with less than five to seven years of service. During this last legislative session, that bill passed, and now in order to comply with Minnesota Statutes 645.02 and 645.021, the Council must pass another resol- ution approving the enactment of this law before it becomes effective. There being no further discussion, Member Kelly offered the following resolution and moved its adoption: RESOLUTION SUPPORTING PASSAGE OF HOUSE FILE 1273 /SENATE FILE 1292 WHEREAS, the Edina Volunteer..Firefighters Relief Association was established to provide benefits for Edina's Volunteer Firefighters; and WHEREAS, the Edina Association has been governed under a special law, Laws of Minnesota (1965) Chapter 592, as .amended by Chapter 644 (1969), and Chapter 229 (1975); and WHEREAS, the 1979 State Legislature passed the Codified Chapter 424A of Minnesota Statutes to standardize governance and eliminate special laws governing these individual associations, repealing the section of Edina's special law relating to pension benefits; and WHEREAS, House File 729 addresses the special Edina law relating to survivor benefits. NOW, THEREFORE, BE IT. RESOLVED that the City Council of the City of Edina approves the enactment of the amendment to House File 729 which addresses the survivors' benefits for the Edina Volunteer Firefighters Relief Association. Motion for adoption of this resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. RESOLUTION ADOPTED APPROVING 1986 /1987 COMMUNITY HEALTH SERVICES PLAN. Mr. Rosland explained that the 1986 -87 Community Health Services Plan reviewed by the Edina Community Health Services Advisory Committee serves the purpose of directing City funds toward specific ,programs and services which are designed to improve the health status of Edina residents, prevent unnecessary institutionalization of the ill or elderly and promote life styles and behaviors which will aid individuals in living a healthful life. Member Turner questioned whether.the process is re- sponsive enough to the City's particular needs, and Mr. Velde, City Sanitarian, assured her that it was. There being no further discussion, Member Kelly offered the following resolution and moved its adoption: RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNITY HEALTH SERVICES IN THE CITY OF EDINA AND THE SUBMISSION OF AN APPLICATION . FOR THE COMMUNITY HEALTH SERVICES ACT SUBSIDY WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina and functions as the official Board of Health in the City of Edina; and WHEREAS, the City Council is committed to promote, support and maintain the health of the entire community at the highest level; and WHEREAS, the Community Health Services Act provides for subsidies in support of public health services on the local level throughout the State of Minnesota; and WHEREAS, a special needs study has been made and a special public meeting held relative to the needs and priorities of the community for Community Health Services; and 9/16/85 WHEREAS, the Advisory Board of Health of the City of Edina has reviewed the plan for the provision of public health services in the City of Edina and recommends its approval to the City Council; and WHEREAS, the City Council has reviewed this self -same plan and finds it consistent with the needs and priorities of the community as determined by the Advisory Board of Health and as expressed by the citizens of Edina. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the Community Health Services Plan for the City of Edina is approved and authorization is hereby given to submit an application for the Community Health Services Act subsidy. BE IT FURTHER RESOLVED that this resolution be submitted to Hennepin County after September 26, 1985, and that the record remain open for all written comments and recommendations until September 26, 1985. Motion for adoption.of this resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. ORDINANCE NO. 1232 -A2 ADOPTED; SECOND READING WAIVED. Mr. Rosland explained that the City has issued parking permits to persons employed at 50th and France since the parking ramps were constructed in 1975. Permit holders are allowed to park without regard to the hourly limits imposed within the ramps. Permits cost $15.00 annually and are issued only to those employed at Edina businesses at 50th and France. Pursuant to City Ordinance No. 1232, we were originally limited to a maximum of 400 permits per year. In 1980,.the Council amended the ordinance to increase the number of permits to 500. On August 6, 1985, the 50th and France Business and Professional Association requested an increase from 500 to 600. Based on a survey conducted by Mr. Hughes, Assistant City Manager, to determine the number of stickered vehicles parked at a given time, Mr. Rosland recommended that the number of permits be increased from 500 to 525 and the occupancy of the ramps be evaluated during the next several months to determine if the ordinance should be modified further prior to the sale of permits next April. Member Turner questioned the increase to only 525 rather than 600; Mr. Hughes explained that approving 100 additional permits would put the ramp at capacity. Member Bredesen questioned whether new stickers could be reissued; Mr. Hughes indicated that this is done and that if an employee cancels then a new sticker is issued to a new employee. Mr. Hughes noted that there is a new color for the stickers each year. Member Kelly questioned raising the parking fee to better cover the maintenance of the ramps, and this raised fee might reduce the demand. Mr. Hughes explained that if there isn't enough space in the ramps then employees park in the neighborhood. Member Richards suggested increasing the number of permits from 500 to 600 and leaving the fee at $15; in doing so, this would reserve the right to revoke those over 500 if so deemed necessary. With no further discussion, Member Richards introduced the following ordinance and moved its adoption, with waiver of Second Reading: ORDINANCE N0: 1232 -A2 AN ORDINANCE AMENDING ORDINANCE NO. 1232 PERMITTING ISSUANCE OF 600 50TH AND FRANCE PARKING RAMP PERMITS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 3 of Ordinance No. 1232 is hereby amended to change the number of permits allowed to be issued for the 50th.and France Parking Ramp Permits from 500 to 600. Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Ordinance adopted. ATTEST: Acting City Clerk Richards, Turner, Courtney Mayor CLAIMS PAID. Motion of Member Kelly was seconded by Member Turner for payment of the following claims dated 9/16/85: General Fund, $51,072.19; Art Center, $127,85; Swimming Pool Fund, $90.09;. Golf Course Fund, $9,521.80; Recreation Center Fund, $921.38; Utility Fund, $376,514.59; Liquor Dispensary Fund, $77,702.84; Construction Fund, $347,925.67; Total, $863,976.41; and for confirmation of the following claims 9/16/85 dated 8/31/85: General Fund, $156,165.74; Park Fund, $28.58; Art. Center, $702.36; Swimming Pool Fund, $2,848.73; Golf Course Fund, $14,529.19; Recreation Center Fund, $6,765.12; Gun Range Fund, $154.31;.Utility Fund, $38,598.79; Liquor Dispensary Fund, $258,738.56; Construction Fund, $39,703.97; Total, $518,235.35. Ayes: Bredesen, Kelly, Richards,.Turner, Courtney Motion carried. There.being no further business on the agenda, Mayor Courtney declared the meeting adjourned at 8:55 P. M. Acting City Clerk MINUTES OF SPECIAL BUDGET MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 16, 1985 5:00 P.M. Answering rollcall were Members Bredesen, Kelly, Turner and Mayor Courtney. Member Richards entered the meeting at 5:20 p.m. Pursuant to due notice, the Council met in the Manager's Conference Room of Edina City Hall to review and consider the proposed 1986 Budget for the City of Edina. City Manager Rosland explained that the proposed 1986 Budget.shows a substantial increase over the 1985 Budget of 14.32 %. The total is $14,627,584 and of this amount $3,665,000 is included in the City's Capital Improvement Plan. The proposed 1986 operating budget is $10,963,584; of this $7,862,836 is funded by the tax levy and the balance is funded by various revenues. The proposed 1986 mill rate is 11.947. Mr. Rosland pointed out that the areas that significantly increased the budget request are: insurance, elections, prosecutions, police and fire Medicare, subsidy operating funds and two additional paramedics. These items total $702,000 which comprises 51.2% of the proposed increase and represent new policy decisions or items that cannot be-readily controlled such as the insurance market. The rest Of the budget request is $671,215 or 48.8% of the increase and these items are more discretionary in nature and thus are open for some debate. A 5% increase in salaries is recommended together with an increase of $100,000 in all commodities. Assessor Ralph Johnson presented graphics showing the effect of the proposed budget on an average homeowner and also on commercial and industrial property. The Council then reviewed the proposed 1986 Budget request for Central Services for City Hall, Public Works and Equipment. Also reviewed were Revenues and Expenditures by fund and function. The Council Members agreed to continue the 1986 budget hearing on Tuesday, September 17, 1985 at 7:00 p.m. The Mayor adjourned the meeting at 6:35 p.m. City Clerk MINUTES OF SPECIAL BUDGET MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 17, 1985 7:00 P.M. Answering rollcall were Members Kelly, Richards, Turner and Mayor Courtney. Mr. Rosland announced that various groups would be making presentations to the Council in support of specific 1986 Budget requests. The following persons gave presentations: Adele Dahl and Benjamin Withhart for Suburban Community Services; Donna Skagerberg for the Edina Art Center; Geoff Workinger for the Human Relations Commission, together with Steve Lepinski for Storefront /Youth Action; Ed Howat and John Morten for the Edina Hockey Association; and Marsh Hallberg as Prosecuting Attorney. The Council then reviewed the proposed 1986 Budget expenditures for general government areas of Public Works (administration, engineering and supervision), Street Maintenance, Street Lighting, Street Name Signs, Traffic Control, Bridges, Storm Drainage, City Properties, Sidewalks- Ramps- Parking Lots and Capital Outlay. Next examined were proposed expenditures for Police Protection, Fire Protection, Civilian Defense and Animal Control. The 1986 budget hearing was continued to September 23, 1985 at 7:00 p.m. The Mayor adjourned the meeting at 10:00 p.m. City Clerk MINUTES OF SPECIAL BUDGET MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 23, 1985 7:00 P. M. Answering rollcall were Members Kelly, Richards, Turner and Mayor Courtney.: RESOLUTION ADOPTED AUTHORIZING THE ISSUANCE AND SALE OF HOUSING DEVELOPMENT REVENUE BONDS (FHA INSURED MORTGAGE LOAN - EDINA PARK PLAZA PROJECT), SERIES 1985. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF HOUSING DEVELOPMENT REVENUE BONDS (FHA INSURED MORTGAGE LOAN - EDINA PARK PLAZA PROJECT), SERIES 1985, FOR THE PURPOSE OF PROVIDING CONSTRUCTION AND PERMANENT FINANCING FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT WITH PARKING AND RELATED FACILITIES UNDER THE MUNICIPAL HOUSING ACT, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS WHEREAS, by resolution adopted by the City Council of the City of Edina, Minnesota (the City), on June 17, 1985, after conducting a public hearing thereon, the -City Council adopted a housing program and gave preliminary approval -to the issuance of revenue bonds pursuant to the Act to finance.the acquisition and construction of a multifamily rental housing development containing approximately 203 units, together with parking and other functionally related and subordinate facilities, to be located in the City at 7800 York Avenue (the Project); and WHEREAS, Edina Park Plaza Associates, an Illinois limited partnership (the Developer), whose general partner is Partners for Senior Communities, Inc., an Illinois corporation (the General Partner) has proposed that the City issue its Housing Development Revenue Bonds (FHA Insured Mortgage Loan - Edina Park Plaza Project), in an aggregate principal amount not exceeding $18,500,000 (the Bonds), pursuant to the Act and lend the proceeds to the Developer for the financing of the Project, for the purposes of providing housing in accordance with the Program therefor, adopted by the City, as such program may from time to time be amended in accordance with Chapter 462C of the Act; and WHEREAS, the City and the Housing and Redevelopment Authority of Edina, Minnesota (the Authority) have entered into discussions with the East Edina Foundation (the Foundation), The Edina Partnership, the Developer and others, and propose that the Authority enter into a Land Sale Agreement and Contract for Private Redevel- opment with the Foundation and that the Foundation enter into a Land Sale Agree- ment and Contract for Private Redevelopment with The Edina Partnership (collectively, the Redevelopment Contracts), which provide for, among other things, the conveyance of certain land within the Southeast Edina Redevelopment Project Area to the Developer; and WHEREAS, by the provisions of Chapter 462C of the Act, the City is authorized to plan, administer, issue and sell revenue bonds or obligations and to make or purchase loans to finance one or more multifamily housing developments as defined in Chapter 462C of the Act, within the boundaries of the City, which revenue bonds or obligations shall be payable solely from the revenues of the Program or development; pursuant to the requirements of Chapter 462C, the City Council adopted a Housing Plan on April 19, 1982, after a public hearing held thereon, which Housing Plan was reviewed and commented upon by the Metropolitan Council pursuant to paragraph (c) of Section 462C.01 of the Act; and WHEREAS, the Bonds will be issued and sold pursuant to the Act and upon the terms and conditions set forth in a Trust Indenture, dated as of October 1, 1985 (the Indenture), to be entered into between the City and First National Bank of Minneapolis (the Trustee); and WHEREAS, the proceeds of the Bonds will be disbursed to the Developer for the construction of the Project in the manner provided in the Indenture and a Financing Agreement, dated as of October 1, 1985 (the Financing Agreement), to be entered into between the City, the Developer, the General Partner and the Trustee; pursuant to the Financing Agreement the City will provide the proceeds of the Bonds to make a ,ton- recourse mortgage loan to the Developer which will be insured by the Federal. Housing Administration (FHA) under Section 221(d)(4) of Title II of the National Housing Act of 1934, as amended (the Mortgage Loan) and a supplemental loan which will be secured initially by Bond proceeds and, once disbursed, by one or more letters of credit in the form and amount, and issued by a financial.institution, as specified in the Indenture and Financing Agreement (the Supplemental Loan) (the Mortgage Loan and the Supplemental Loan are collectively referred to as the Loan); and WHEREAS, under the Indenture the City will grant a security interest in the City's interest in the Loan and payments to be made thereunder-(except the City's right to payment of expenses and indemnification), including the security therefor, as J 9/23/85 security for the payment of the principal of, premium, if any, and interest on the Bonds; and WHEREAS, to secure the Developer's obligations under the Mortgage Loan the Developer will deliver to the Trustee, as mortgagee under the Mortgage Loan, a mortgage (the Mortgage), in form and substance to be eligible for mortgage insurance provided by FHA; and WHEREAS, the Developer will also enter into a Building Loan Agreement with the Trustee and a Regulatory Agreement with the United States Department of Housing and Urban Development; and WHEREAS, the Loan will be serviced on behalf of the Trustee pursuant to a Servicing Agreement dated as of October 1, 1985 (the Servicing Agreement) between the Trustee and a servicer to be designated therein; and WHEREAS, the Project will be subject to the terms and restrictions contained in the Deed and Covenants Running with the Land, dated as of October 1, 1985 (the Deed) executed by the party conveying to Project site, and accepted by the Developer; and WHEREAS, the Bonds are to be offered and sold pursuant to an Official Statement (the Official Statement), which Official Statement will be in substantially the form of the Preliminary Official Statement (the Preliminary Official Statement); and WHEREAS, the following documents (collectively, the Documents; documents (a) through (c) are herein referred to as the City's Financing Documents) relating to the financing of the Project and the issuance of the Bonds have been submitted to the City and are on file in the office of the City Clerk: (a) the Indenture; (b) the Financing Agreement, which includes a form of the Supplemental Loan Note and the forms of letters of credit; (c) the form of Bond Purchase Agreement (the Bond Purchase Agreement) between the City and Dain Bosworth Incorporated and Dougherty, Dawkins, Strand & Yost Incorporated (the Underwriters), for the purchase of the Bonds; (d) the Deed; (e) the Servicing Agreement; .(f) a form of Rider to Mortgage Note to be executed by the Developer; (g) the standard form of FHA Mortgage Note and Mortgage; and (h) a draft Preliminary Official Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA: 1. It is hereby found, determined and declared: (a) Pursuant to the Act, the City is authorized to plan, administer and make or purchase a loan or loans to finance one or more multifamily housing developments (as defined in Chapter 462C of the Act) and within the boundaries of the City of the kind and upon the conditions set forth in Section 462C.05 of Chapter 462C of the Act and to issue and sell revenue bonds to finance such multifamily housing developments, which revenue bonds shall be payable exclusively from the revenues of the related programs and developments. The Project will constitute a multifamily development under Section 462C.02, Subd. 5 of Chapter 462C of the Act. The program for the Project, as adopted on June 17, 1985, has been submitted to the Minnesota Housing Finance Agency in accordance with Section 462C.05 of the Act for approval as provided in Section 462C.01 on the basis of considerations stated in Section 462C.04 of the 'Act, and. is deemed approved under the provisions of said Section 462C.04, Subdivision 1. (b) The City is authorized to develop and to finance such program by the authorization, issuance and sale of revenue bonds or obligations payable solely from the revenues of such program and the Project. The purpose of the Project is and its effect will be to promote the public welfare and preserve the quality of life in the City by helping to maintian, provide and preserve adequate housing stock within the City and to assist persons of low and moderate income, or elderly persons, or both, to obtain decent, safe and sanitary housing within the City. (c) Based upon representations by the Developer, financing for the Project is not otherwise available to the Developer from private lenders upon terms and conditions which are affordable by the Developer, such financing being available only at a rate which, when combined with the cost of acquisition, construction and other costs incidental to the construction of the Project as well as noneconomic factors, would impair the feasibility of the Project, the Developer anticipates that revenue to be produced by the rental of unites in the Project will be sufficient to meet payments when due on the Loan. (d) It is desirable that the City issue the Bonds in an aggregate principal amount not to exceed $18,000,000 upon the terms set forth herein and in the Indenture. 9/23/85 2. The forms of the Indenture and Financing Agreement on file with the City Clerk are hereby ;approved. The Mayor of the City, and the City Manager, are hereby authorized and directed, on behalf of the City, to execute the Indenture and the Financing Agreement in_ substantially the form hereby approved, but including such modifications, insertions and additions as are necessary and appropriate in their opinion and in the opinion of the City Attorney, and in conformity with paragraph 3 of this resolution and consistent with the Act. Copies of the Documents, when executed, shall be delivered, filed and recorded as provided therein. The execution of any of the City's Financing Documents by the appropriate officers of the City shall be conclusive evidence of the approval thereof by the City. 3. The execution, delivery and closing of the Redevelopment Contracts according to their terms shall be a condition precedent to the issuance of the Bonds, _unless waived in writing by the Mayor and City Manager of the City. Subject to such condition, the Bonds are hereby authorized to be issued in an aggregate principal amount not exceeding $18,000,000 pursuant to and in accordance with, and subject to the terms, conditions and limitations established in, the Indenture. The Bonds will be issued in fully registered form without coupons. The Bonds shall mature not later than October 1, 2028. The Current Interest Bonds (as defined in the Indenture) will be dated as of October 1, 1985, and will bear interest from their issue date payable semiannually on each April 1 and October 1 in each year, commencing April 1, 1986, at a rate or rates not in excess of 10.50% per annum, and the Capital Appreciation Bonds (as defined in the Indenture) will bear interest from the date of their issuance and delivery, compounded on April 1, 1986 and semiannually thereafter on each October 1 and April 1 so as to produce a yeild to maturity not in excess of 11.50% and is payable, together with principal, only at maturity or upon redemption; and provided that the Annual Debt Service due in any Bond Year with respect to the Bonds will not exceed $2,000,000. A "Bond Year" shall be from October 2 of each calendar year to and including October 1 of the next succeeding calendar year except that the first Bond Year shall be from the date of initial issuance and delivery of the Bonds to and including October 1, 1986. "Annual Debt Service" shall mean the amount of principal and interest or Accreted Amount (as defined in the Indenture) scheduled to be due and payable in any Bond Year, excluding any amounts of principal or Accreted Amount attributable to scheduled reductions in the Debt Service Reserve Fund. Subject to the limitations set forth in this paragraph 3, authority is hereby delegated to the Mayor and the City Manager of the City, acting jointly, to determine the aggregate principal amount of Bonds to be issued, the maturities thereof, and the rate or rates of interest payable on the Bonds. With respect to any Bonds which shall be redeemed, in part, by application of Sinking Fund Payments (as defined in the Indenture) as provided in the Indenture, subject to the limitations set forth in this Section, the Mayor and the City Manager of the City, acting jointly , are hereby delegated the authority to fix and determine the schedule of Sinking Fund Payments to be applied to the mandatory redemption of such Bonds. Such Bonds shall be redeemed by the City in accordance with such schedule at a Redemption Price equal to the principal amount, or Accreted Amount in the case of capital appreciation bonds, of each Bond to be redeemed, without premium. Notice of such redemption shall be given as prescribed in the Indenture. Bonds maturing not earlier than the tenth Bond Year nor later than the twentieth Bond Year, are subject to mandatory redemption from Voluntary Prepay- ments (as defined in the Indenture), and optional redemption at the option of the City from any source, in whole or in part, on any April 1 or October 1, on or after the first optional redemption date described above, at a redemption price equal to their principal amount plus accrued interest, or Accreted Amount, as applicable, plus a premium for redemption not to exceed 105% of the principal amount or Accreted Amount of each Bond or portion thereof then redeemed. Subject to the execution, delivery and closings of the Redevelopment Contracts, the City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture, with the interest rates, maturities, redemption premiums and in the principal amount established as provided in this paragraph 3. 4. The form of Bond Purchase Agreement presented to this meeting is hereby approved, subject to such changes as may be deemed desirable by the Mayor, City Manager and City Attorney. The Mayor and City Manager are hereby authorized and directed to execute and deliver a Bond Purchase Agreement in substantially the form of the Bond Purchase Agreement presented to this meeting, together with such changes and completions thereof as may be approved by the Mayor, the City Manager and the City Attorney, subject to the limitations contained in this Resolution, the execution thereof to constitute conclusive evidence of the approval of such changes and completions. 9/23/85 5. Authority is hereby delegated to the Mayor and City Manager of the City, acting jointly, to determine the aggregate purchase price of the Bonds, provided that the aggregate purchase price of the Bonds shall not be less ninety -seven percent (97 %) of the principal amount thereof to be issued plus accrued interest thereon from their issue date to the date of delivery thereof and payment therefor. 6. To evidence the exercise of the authority delegated to the Mayor and City Manager of the City by this Resolution, the Mayor and City Manager are hereby directed to execute and file with the Trustee a certificate setting forth the determinations made by them pursuant to the authority granted in this Resolution, which certificate shall constitute conclusive evidence of the proper exercise by them of such authority. 7. The distribution of a Preliminary Official Statement with respect to the Bonds in substantially the form presented to this meeting to pro- spective purchasers and the use thereof by the Underwriters in connection with the offering of the Bonds is hereby authorized and approved. The Mayor is hereby authorized to permit the distribution of the final Official Statement, in substantially the form of said Preliminary Official Statement, with such changes, omissions, insertions and revisions as the Mayor, the City Manager and the City Attorney shall deem advisable. 8. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds and to deliver them to the Trustee for authentication and delivery to the purchasers thereof, together with a certified copy of this Resolution and other documents required by the Indenture. As provided in the Indenture, the Bonds shall be executed by the manual or facsimile signatures of the City or a facsimile thereof and shall be authenticated by the Trustee, as authenticating agent, pursuant to Section 475.55, Subdivision 1, Minnesota Statutes. 9. As provided in the Indenture, the Bonds are special, limited obligations of the City. Principal of, premium, if any, and interest on the Bonds are payable soley out of the revenues derived from the sources described in the Granting Clauses of the Indenture. The State of Minnesota and the County of Hennepin shall not in any event be liable for the payment of the principal of, premium, if any, or interest on the Bonds or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever that may be undertaken by the City. Neither the Bonds nor any of the agreements or obligations of the City contained in the Indenture or in the Financing Agreement shall be construed to constitute an indebtedness of the State of Minnesota, the County of Hennepin or the City, within the meaning of any constitutional or statutory provisions whatsoever, nor to constitute or give rise to a pencuniary liability or be a charge against the general credit or taxing power of the State of Minnesota, the County of Hennepin or the City. 10. The Mayor, the City Manager and the City. Clerk of the City are authorized and directed to prepare and furnish to bond counsel and the Underwriters certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 11. Approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and approved by the City Attorney and the Mayor and the City Manager authorized herein to execute said documents prior to their execution; and the Mayor and the City Manager are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof, In the absence of the Mayor or the City Manager, the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the Assistant City Manager. Passed and adopted by the City Council of the City of Edina this 23rd day of September, 1985. Attest: City Manager Mayor 9/23/85 BID AWARDED FOR TRAFFIC SIGNAL AT WEST 70TH STREET & CORNELIA. Mr. Rosland pre- sented a quote for a traffic signal cabinet complete with eight -phase controller, MNDOT (Contract 7905014849 -01; S.A.P. 120 - 145 -15) to be located at West 70th Street and Cornelia. The only bid was from the State supplier, Riddle Control Products, for an amount of $7,868.00. Member Kelly's motion was seconded by Member Richards for award of bid to Riddle Control Products at $7,868.00. Ayes: Kelly, Richards, Turner, Courtney Motion carried. REPORT GIVEN ON HOMART. Member Richards reported on the latest meeting between the City Councils of Edina and Bloomington concerning the Homart Project. Edina will take the necessary action to protect its interest unless Bloomington could act within the time frame set forth by Edina. The possibility of reducing and limiting densities was discussed, predicated upon getting approvals on upgrading public improvements. The density is three times greater than what Edina would approve, and the concept of six lanes on France Avenue must be approved by the City. The impact on 494 should be given careful consideration. Member Richards recommended starting the lawsuit as soon as possible to protect the interests of the City of Edina. Mr. Rosland said it would be commenced imtediately.. COUNCIL`CONTINUES REVIEW-OF PROPOSED 1986 BUDGET. Mr. Rosland recalled that the Council had begun the review of the proposed 1986 Budget at special meetings on October 16 and 17, 1985. The Council then reviewed proposed expenditures for Park & Recreation (Administration, Recreation, Maintenance, Capital Outlay and Capital Improvements). Next examined were proposed Non - Departmental Expenditures (.Contingencies, Special Assessments on City Property, Central Services - Capital Outlay, Capital Improve- ments and Commissions and Special Projects).' Mr. Hughes reported that the Edina Recycling Commission has proposed a budget of $13,450 to fund a household pickup program of recyclables. Mr. Rosland then presented the request for funding from The Women's Resource Center in the amount of $1,500 for general program operating expenses or to be applied to any particular program. Mr. Rosland next addressed the relocation of the Historical Society and related costs. A relocation study is proposed to be funded one -half by the City, with the other half being shared by The Foundation and the Edina Historical Society. The Council discussed the Loss Subsidy Operating Funds (Swimming Pool, Recreation Center, Gun Range and Art Center) and Income Producing Funds. The Council then discussed the major factors contributing to the increase in recommended expenditures for 1986. The proposed Capital Plan Revenues and Ex- penditures were reviewed. Following completion of the proposed 1986 budget review, the Council discussed budget adjustments concerning the following areas: insurance, staff, SFYA, prosecution, Community Service Officers, and contingencies. The 1986 budget hearing was continued to September 25, 1985, at 8:00 A. M. The Mayor adjourned the meeting at 11:00 P. M. Acting City Clerk MINTUES OF SPECIAL BUDGET MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 25, 1985 8:00 A. M. Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor Courtney. 1986 BUDGET OF $14,274,714 ADOPTED. Mr. Rosland presented the Budget adjust- ments that the Council had discussed at their September 23, 1985.meeting. 'After considerable discussion on the proposed reductions, Member Kelly moved that the proposed Budget for 1986 for the City of Edina be reduced by $3.52,870. Motion was seconded by Member Turner. Ayes: Bredesen, Kelly, Turner, Courtney Nays: Richards Motion carried. Of the $14,274,714 proposed for the 1986 Budget, $10,609.714 represents the Operating Budget, and the remaining $3,665,000 is the Capital Plan. Member Kelly then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING BUDGET FOR THE CITY OF EDINA FOR THE YEAR 1986, AND ESTABLISHING TAX LEVY FOR THE YEAR 1985 PAYABLE IN 1986 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS: Section 1. The Budget for the City of Edina for the calendar year 1986 is hereby adopted as hereinafter set forth; and funds are hereby appropriated therefor: GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 42,220 Planning 136,448 Administration 358,882 Finance 216,414 Election 75,603 Assessing 246,084 Legal and Court Services 265,000 TOTAL GENERAL GOVERNMENT PUBLIC WORKS Administration $ 89,874 Engineering 350,961 Highways 2,479,656 TOTAL PUBLIC WORKS PROTECTION OF PERSONS AND PROPERTY. Police Fire Civilian Defense Animal Control Public Health Inspection TOTAL PROTECTION OF PERSONS AND PROPERTY PARK DEPARTMENT Administration Recreation Maintenance Capital Outlay and Replacements TOTAL PARK FUND NON- DEPARTMENTAL EXPENDITURES Contingencies Special Assessments on City Property Unallocated Capital Outlay Capital Improvements Commissions and Special Projects, Park Construction TOTAL NON- DEPARTMENTAL EXPENDITURES $2,591,698 1,608,133 43,043 49,206 220,554 169.,073 $ 414,838 102,375 550,530 120,000 $ 80,000 75,000 35,000 40,000 169,122 80,000 $1,340,651 2,920,491 4,681,707 1,187,743 479,122 TOTAL GENERAL FUND $10,609,714 9/25/85 Section 2. Estimated receipts other than General Tax Levy are hereby estab- lished as hereinafter set forth: GENERAL FUND Transfer - Revenue Sharing Fund Licenses and Permits Municipal Court Fines Department Service Charges Other Transfer from Liquor Fund State Apportionments - Sales Tax Income on Investments Aids - Other Agencies Police Aid TOTAL ESTIMATED RECEIPTS Section 3. That there be and hereby is 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 $ 225,000 478,700 360,000 608,800 100,900 450,000 550,444 70,000 175,665 150,000 $3,169,509 $7,440,205 Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Turner, Courtney Nays: Richards Resolution adopted. ATTEST: Acting City Clerk Mayor Member Kelly then introduced the following resolution and moved its adoption: Managerial $6.45 RESOLUTION ESTABLISHING COMPENSATION -RATES BE IT RESOLVED that the Edina City Council does hereby establish the following salary schedule for fulltime personnel for 1986: Step 1 Step 2 Step 3 Step 4 Management III $43,472 $47,268 $51,090 $54,340 Management II 32,500 35,334 38,168 40,586 Management I 27,352 29,770 32,162 34,216 Technical Management 24,960 27,144 29,328 31,200 Technical IV 22,048 23,998 25,896 27,586 Technical III 19,994 21,736 24,478 24,986 Technical II 19,604 21,294 23,010 24,492 Technical I 17,524 19,084 20,618 21,918 General III 16,406 17,836 19,266 20,514 General II 15,236 16,536 17,888 19,032 General I 13,546 14,716 15,912 16,926 Public Safety. PS Management III 36,868 40,092 43,316 46,072 PS Management II 34,476 37,518 40,508 43,108 PS Management I 31,356 34,086 36,868 39,208 PS General II 19,162 20,852 .22,516 23,972 PS General I 15,236 16,536 17,888 19,032 BE IT FURTHER RESOLVED that the City of Edina does hereby establish the following compensation schedule for part -time personnel: Year Round Level A Level B Step 1 $4.20 $4.60 Step 2 4.55 5.10 Step 3 4.75 5.45 Step 4 5.05 5.60 Step 5 5.40 5.70 Managerial $6.45 I 9/25/85 Seasonal Level 1 $3.50 3.75 3.90 Level 2 3.65 -3.95 4.15 Level 3 4.10 4.40 4.55 Level 4 4.40 4.65 4.80 Level 5 4.55 - 5.80 Motion for adoption of the resolution was seconded by Member Turner. Rollcall: .Ayes: Bredesen, Kelly, Turner, Courtney Nays: Richards Resolution adopted. ORDINANCE NO. 171 -A21 (FEES & CHARGES) ADOPTED; SECOND READING WAIVED. As recom- mended by Staff, Member Bredesen offered Ordinance No. 171 -A21 for First Reading, waiving Second Reading as follows ORDINANCE NO. 171 -A21 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO INCREASE THE AMOUNTS OF CERTAIN FEES. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The amount of the following described Fee•Numbers of Schedule A to Ordinance No. 171 is hereby amended to read as follows: ORD. SEC. NO. NO. PURPOSE OF FEE /CHARGE AMOUNT FEE NO. 434 27(f) Public or semi - public swimming pool $210.00 per annum for each 17a license pool enclosed part or all Sec. 2. Following publication, the effective date of this ordinance shall be January 1, 1986. Motion for adoption of the ordinance was seconded by Member Richards. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Ordinance adopted. ATTEST: Acting City Clerk Mayor PARK AND RECREATION DEPARTMENT FEES FOR 1986 APPROVED. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION SETTING PARK AND RECREATION DEPARTMENT FEES AND CHARGES FOR 1986 BE IT RESOLVED by the Edina City Council that the following "Fees and Charges for the Year 1986, as submitted by the Edina Park Board, be approved: Park and Recreation Playground $ 6.00 Tennis Instruction $18.00 Dramatics & Theatre 18.00 Soccer 18.00 T -Ball 18.00 of year $115.00 per annum for each 17b outdoor pool 434 28(f) Public or semi - public whirlpool bath $40.00 per annum for each 18 or therapeutic swimming pool license bath or pool 731 Food establishment $245.00 per annum, plus 25a $70.00 per annum for each additional facility Take -out facility $145.00 per annum 25a1 Packaged food sales $90.00 per annum 25a2 - Food warehouse $40.00 per annum 25a3 Itinerant food establishment $35.00 per event 25b Readily perishable food vehicle $40.00 per annum 25d Fleet of 5 or more readily $200.00 per annum 25e perishable food vehicles Perishable food vehicle $40.00 per annum 25h Fleet of 5 or more perishable $200.00 per annum 25i food vehicles Sec. 2. Following publication, the effective date of this ordinance shall be January 1, 1986. Motion for adoption of the ordinance was seconded by Member Richards. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Ordinance adopted. ATTEST: Acting City Clerk Mayor PARK AND RECREATION DEPARTMENT FEES FOR 1986 APPROVED. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION SETTING PARK AND RECREATION DEPARTMENT FEES AND CHARGES FOR 1986 BE IT RESOLVED by the Edina City Council that the following "Fees and Charges for the Year 1986, as submitted by the Edina Park Board, be approved: Park and Recreation Playground $ 6.00 Tennis Instruction $18.00 Dramatics & Theatre 18.00 Soccer 18.00 T -Ball 18.00 9/25/85 Art Center Memberships: course: Class Fees: Adult - Family $ 35.00 Adult Member $48.00 Individual 25.00 Adult Non - Member 56.00 Contributing 50.00 Child Member 32.00 Sustaining 100.00 Child Non - Member 38.00 Patron 500.00 Arena Single Hour Rate $70.00 Contract Rate (10 or more hours) 67.50 Late Night - midnight or later 55.00 Open Skating 2.25 Skate Rental 1.06 Skate Sharpening 1.50 Season Tickets - Effective 10/1/85 Resident Family $52.00 Resident Individual 32.00 Non - Resident Family 62.00 Non- Resident Individual 37.00 Classes 35.00 Gun Range Pistol one -half hour $ 3.75 25 Rounds trap 4.00 Building - per hour 40.00 Firearm Safety Instruction 5.00 Pool Season Tickets: Daily Admission: Resident Family $40.00 Adult $ 2.50 Resident Individual 25.00 Youth 2.00 Non - Resident Family 45.00 Aquatic Instruction $18.00 Non - Resident Indiv. 30.00 Braemar Golf Course Patron Cards: Husband & Wife $75.00 Addit.Family Member 35.00 Individual 40.00 Computerized Handic. $ 8.00 Lockers: Men's 72" $30.00 Men's 42" 18.00 Ladies' 72" 10.00 Group Golf Lessons: Adult Junior Golf Range: Large Bucket Small Bucket Club Rental Pull Carts Golf Cars: Golf Car Senior: 18 Holes $16.00 18 Holes 9 Holes 8.50 9 Holes Braemar Golf Course -Green Fees 18 Hole - non patron $11.50 18 Hole - patron 8.50 9 Hole - non patron 7.00 9 Hole - patron 5.50 Seniors: 18 Hole - non pat. $10.50 18 Hole - patron 7.50 9 Hole - non patron 6.50 9 Hole - patron Braemar Ballfields: General Park Areas: Picnic Shelters: Summer Rental Pavilion: $40.00 22.00 $ 3.25 . 2.25 $ 4.50 $ 1.50 $13.00 7.00 Executive course: Adult - non patron $ 5..00 Adult - patron 4.00 Sr.,Jr. - non patron 4.00 Sr.,Jr. - patron 3.00 Group Fees 14.00 Group Fees Cars 18.00 RENTALS $30.00 /hr. - no lights (only with rental of Pavilion) $50.00 /hr. - with lights (only with rental of Pavilion) $50 /hr. - commercial use (i.e. TV Commercials) $30 up to 50 people - Lake Cornelia Park (pool) & Braemar Area (Dome) $60 over 50 people $400 - 500 /day - large profit events (dog shows, flea markets) $250 /day - small events - non profit (100 or less people) Parking Lot Rental: Arena $100 /day Art Center $30 /group limited space 9/25/85 Showmobile: $500 /day Rental of Athletic Field: $30 /day exclusive use Portable Bleachers: $100 /day or $50.00 /hr. plus Delivery Charge Recreational Picnic Equipment: Free usage Motion for adoption of the resolution was seconded by Member`Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. Mayor Courtney declared the meeting adjourned at 9:30 A. M. Acting City Clerk EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL MINUTES OF JOINT MEETING OCTOBER 7, 1985 Answering rollcall were Commissioners Bredesen, Kelly, Richards, Turner and Courtney. MINUTES of September 9, 1985 were approved as submitted by motion of Commissioner Kelly, seconded by Commissioner Turner. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. AWARD OF BIDS - EDINBOROUGH UTILITIES ACTION MOVED TO COUNCIL AGENDA ITEM V.A. Attorney Tom Erickson explained that a Joint Powers Agreement between the H.R.A. and the City has been drafted so that the H.R.A. and the City can award as one bid two separate items of work for the Edinborough utilities, one for the H.R.A. public work and one for the City public work. He recommended that agenda item I be moved down to the City Council agenda item V.A. for award of bids and that a joint meeting be convened at that point. Motion of Commissioner Bredesen was seconded by Commissioner Turner to take action on agenda item I in a joint meeting with the Council when it considers agenda item V.A. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BILTMORE MOTEL REDEVELOPMENT PROPOSAL APPROVED; REDEVELOPMENT CONTRACT AUTHORIZED. Mr. Rosland recalled that the Council heard the Biltmore rezoning request on August 19, 1985 and at that time the proponent of the project, Frank Dunbar, also discussed a request for $1,000,000 of tax increment financing assistance from the H.R.A. Although the City granted preliminary approval of the rezoning, the members of the HRA /Council expressed reservations concerning the financial assistance. Subsequently, staff and Mr. Dunbar have met on several occasions to discuss revisions to the financing proposal. The restructuring of the proposal requests that the City issue Housing Revenue Bonds to finance the project. Mr. Dunbar recalled that on August 19, 1985 they had proposed a concept for senior housing under a redevelopment proposal for the Biltmore Motel site. At that time they presented an analysis of the market as well as a financial structure to address that market. Since that time they have re- analyzed primarily the financial structure still trying to maintain a very strong presence to the market that could be penetrated with the project. It is still seen as a redevelop- ment project to meet the goals and objectives of the redevelopment district. Mr. Dunbar said they have held the program intact from the standpoint of pre- sentation to the market after considerable discussion with Health Planning and Management Resources, Inc. and Health Central Corporation. The acceptable market is perceived as the senior citizen 55 years and older that is looking to give up their single family home and moving to a facility such as is proposed. The restructured financial proposal has been modified to a Housing Revenue Bond which would allow the developer to take advantage of the tax - exempt status. Mr. Dunbar explained that 1) they are not requesting the City to do a redevelop- ment project in a manner dissimilar to what they have previously done, and 2) the tax increment that is generated from the redevelopment project would be available to meet the goals and objectives.of the redevelopment district as a whole. However, it is requested that off -site improvements that would be proposed by the project and under the district objectives would be covered by the bond. He pointed out that this type of financing does require that 20% of the units be provided to low and moderate households. This would be moni- tored on an annual basis to be sure that goal is met. Mr. Dunbar stated they are requesting authorization by concept approval to proceed to a redevelopment contract together with an inducement resolution for sale of the bonds. Both 0. R H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Two actions would be subject to final review and approval by the Council. Commissioner Turner questioned 1) why the market.is directed at age 55 and older when units in the City's PSR zoning.is specifically designed for occupancy by persons 62 years of age or over, 2) why the increment district would pay for off -site improvements instead of the project, 3) what the cost is-to the Federal and State governments of this type of financing, and 4) whether approval of the project must be given by the MHFA. Planner Larsen responded that there is a precedent for the increment district paying for public improvements as was done for the South Haven senior project. Mr. Dunbar said the age issue could be worked out in the redevelopment contract and that regarding the cost to Federal /State governments the interest earned on the bonds is not taxable to the.lender. With respect to MHFA approval, Mr. Hughes said they could be involved as to income limits on persons occupying the units, but that this type of bond issue would not be subject to their ceiling. In response to Commiss- ioner Bredesen, Mr. Dunbar said approximately'30 units would be provided for low and moderate income occupancy. Commissioner Richards asked about timing for the project. Mr. Dunbar indicated that the financing must be closed and the redevelopment contract executed prior to the end of the year. He said that no actual work can be started on the site until the financing is secured so that the first lender can have a clear title, but that there is an incentive to have the existing building down by January 2 from a tax standpoint. In response to the question as to rentals, Mr. Dunbar said there would be a range of approximately $850 for one bedroom units to $1,300 for three bedroom units, including a minimum of one meal and certain other services. Rentals for low and moderate income units would be determined on a case by case basis depending on household income. Commissioner Bredesen commented that, concerning the issue of redevelopment, this property is not in a distressed area and questioned whether it is redevelopable without financial support.: Mr..Hughes responded. ' that in staff's opinion it is if the.objective is to develop it for housing purposes. Commissioner Richards asked if the cost of staff time for the project, over and above normal planning time, would be picked up by the project. Mr. Dunbar responded that that issue could be addressed in the redevelopment contract. Following further discussion, Commissioner Kelly moved concept approval of the project and the-drafting of a redevelopment contract. -The motion -was- seconded by Commissioner Turner, who commented that the public purpose of the project was to provide housing for 30 low and moderate income elderly persons and to widen the range of housing choices within the City as stated in the Comprehensive. Plan. She asked that staff consider carefully the issue of the age requirement and Edina preference in drafting the redevelopment contract. Mayor Courtney then called the motion. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. Commissioner Richards suggested that the City Council be convened with the HRA at this time to consider Council agenda item VIII.B. Chairman Courtney thereupon convened a joint HRA /Council meeting. CITY COUNCIL ADOPTS INDUCING RESOLUTION FOR HOUSING REVENUE BONDS /BILTMORE SITE REDEVELOPMENT. Subject to the developer paying the cost of staff time in connection with the sale of the Housing Revenue Bonds, Member Richards introduced the following resolution and moved its adoption: H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Three RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES, FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING DEVELOPMENT; GIVING PRELIMINARY APPROVAL TO THE DEVELOPMENT AND CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City ") as follows: Section 1. Recitals. 1.01. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries which revenue bonds or obligations shall be payable solely from the revenues of the development or other security pledged therefor. 1.02. Representatives of Grandview Development Company, a Minnesota Limited Partnership (the "Developer "), have advised this Council of its desire to acquire land located within the geographical limits of the City at 5212 Vernon Avenue and construct and equip thereon a multifamily rental apartment building containing approximately 152 units, together with parking and related and subordinate facilities (the "Development "). The Development is intended primarily for occupancy by elderly persons. Total development and financing costs are pres- ently estimated by the Developer to be approximately $13,840,000. 1.03. Representatives of the Developer have requested that the City issue its revenue bonds in one or more series (the "Bonds ") pursuant to the authority of the Act in such aggregate principal amount as may be necessary to finance all or a portion of the costs of the Development and make the proceeds,,of the Bonds available to the Developer, directly or indirectly, for the acquisition, construction and equipping of the Development, subject to agreement by the Developer to pay promptly the principal of and interest on the Bonds. 1.04. The City has been advised by representatives of the Developer that conventional commercial financing is available to pay the capital costs of the Development only on a limited basis and at such high costs of borrowing that the scope of the Development and the economic feasibility of operating the Development would be significantly affected, but with the aid of municipal financing the Development can-be constructed as designed and its operation can be made more economically feasible. 1.05. The full faith and credit of the City will not be pledged to or responsible for the payment of the principal of and interest on the Bonds. Section 2. Approvals and Authorization. 2.01. It is hereby found and determined that it would be in the best interest of the City to issue the Bonds under the provisions of the Act in an amount currently estimated to be approximately $13,840,000 to finance all or a portion of the costs of the Development. 2.02. The Development is hereby given preliminary approval by the City and the issuance of the Bonds for such purpose approved. The Bonds shall not be issued until a multifamily housing program prepared pursuant to the requirements of Subdivision 5 of Section 462C.05 of the Act for the Development and the issuance of the Bonds (the "Program ") has been reviewed and approved as provided by the Act, until the other requirements of the Act have been satisfied, until the requirements of Section 103 of the Internal Revenue Code of 1954, as amended (the "Code "), necessary in order to assure the tax - exemption of the interest hereon, have been satisfied, and until the City, the Developer and the purchaser or purchasers of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. The principal of, premium, if any, and interest on each Bond, when, as and if issued, shall be payable solely from the revenues t w H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Four and the other security or property pledged to the payment thereof and shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. 2.03. The Developer has agreed to pay any and all costs incurred by the City in connection with the Development whether or not the Program is prepared or approved by the Minnesota Housing Finance Agency; whether or not the Development is carried to completion; and whether or not the Bonds are issued. 2.04. The City retains the right, in its sole discretion, to withdraw from participation and, accordingly, not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds. 2.05. This Resolution is intended to, and shall, constitute a "bond resolution" or "some other official action" with respect to the Bonds and the Development under, and within the meaning of, Section 1.103 -8(a) of the Treasury Regulations under the Code. Section 3. Public Hearing. 3.01. Section 462C.04, subdivision 2 of the Act requires that prior to adoption of the Program under the Act, this Council conduct a public hearing on the Program. Section 103(k) of the Internal Revenue Code of 1954, as amended, and regulations promulgated thereunder, requires that prior to this issuance of the Bonds, this Council approve the Bonds and the Development, after conducting a public hearing thereon. A public hearing on the Program and on the proposal to undertake and finance the Development through the issuance of the bonds is hereby called and shall be held on November 4, 1985, At 7 o'clock P.M., at the City Hall: 3.02. A draft of the Program is attached hereto as Exhibit A. On or before the date on which the notice of public hearing is published in the official newspaper of the City, the City Clerk shall submit the Program to the Metropolitan Council for,review and comment. 3.03. The City Clerk shall cause notice of the public hearing to be published in the Edina Sun Current, the official newspaper of the City, at least once not less than fifteen (15) days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON A PROPOSED PROGRAM FOR THE FINANCING OF A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES CHAPTER 462C, AS AMENDED AND THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED CITY OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota (the City), will meet on November 4, 1985, at 7 o'clock P.M., at the City Hall, 4801 West 50th Street, in Edina, Minnesota, for the purpose of conducting a public hearing in accordance with Minnesota Statutes, Section 462C.04 and Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code) on the proposal that the City undertake a program under Minnesota Statutes, Chapter 462C, as amended, and issue revenue bonds, in one or more series, under Minnesota Statutes, Chapter 462C, as amended, in order to finance the cost of a multifamily housing program. The proposed program will consist of the financing of the acquisition of land in the City and the constructing and equipping thereon of a multifamily housing project consisting of one or more buildings and containing approximately 152 residential units. The project will be owned by Grandview Development Company, a Minnesota limited partner- ship (the Borrower). The project will be located at 5212 Vernon Avenue in the City. The maximum aggregate principal amount of the proposed bond issue is $13,840,000. The bonds shall be limited obligations of the City, and the H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Five bonds and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that such bonds may be secured by a mortgage and other encumbrance on the project. No holder of any such bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the bonds or the interest thereon, nor to enforce payment against any property of the City except moneys payable by the Borrower to the City and pledged to the payment of the bonds. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Clerk prior to the date of the hearing set forth above. Dated: October 7, 1985 BY ORDER OF THE EDINA CITY COUNCIL /s Marcella M. Daehn, City Clerk EXHIBIT A City of Edina, Minnesota PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA.STATUTES, CHAPTER 462C 1. Grandview Development Company, a Minnesota Limited Partnership (the . "Developer ") intends to acquire land in the City.of Edina, Minnesota (the "City ") and construct and equip thereon a multifamily residential rental facility to be occupied primarily by elderly persons and in part by persons and families of low and moderate income. The site is located at 5212 Vernon Avenue in the City. The development will contain approximately 152 housing units, at least 20% of which will be rented to persons of "low and moderate income," under §103(b)(4) (A) of the Internal Revenue Code of 1954, as amended (the "Code "), and the Regulations thereunder. 2. Representatives of the Developer have requested that the City -issue its housing revenue bonds under the Act in a maximum aggregate principal amount of approximately $13,840,000 to finance the acquisition of the site and the construction and equipping of the development and facilities function- ally subordinate and related to the development. 3. The City's Housing Plan serves as a basis for the City's goal of providing a variety of housing stock throughout the City, for persons residing in the City, including persons of low and moderate income. The development to be financed by the Program will assist the City in certain problems addressed in the Housing Plan, including (a) increasing available housing stock, (b) providing decent, sanitary and affordable housing for residents of the City, including persons of low and moderate income and their families. 4. The development will be a "multifamily housing development" within the meaning of Subd. 5 of 0462C.02 of the Act, undertaken pursuant to Subd.4 of 9462C.05 of the Act. The income limitations set fourth in Subd. 2 of 8462C.05 of the Act will not apply to this development since it will be located within a redevelopment project area under Minnesota Statutes, Chapter 462. In addition, as discussed in paragraph 1 of this Program, at least 20% of the units will be rented or available for rental to persons of low and moderate income; that is, with incomes not greater than 80% of the median family income as estimated by the United States Department of Housing and Urban Development for the statistical area in which the City is located, currently $26,240. 5. To finance the development, the City intends to issue its housing revenue bonds pursuant to the Act, in a maximum aggregate principal amount of approximately $13,840,000 (the Bonds). The City will lend the proceeds of the Bonds to the Developer pursuant to a revenue agreement in which the Developer agrees to make loan repayments sufficient to repay the Bonds. The Bonds will be a special, limited obligation of the City, payable solely from revenues derived from payments to be made by the Developer under the revenue agreement H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Six and pledged to the payment of the Bonds. The Bonds may be secured by a mortgage and security interest in the development, or by some form of credit enhancement (which may include one or more letters of credit, insurance on the mortgage loan or the Bonds), or by a combination of such security devices. Passed and adopted by the City Council of the City of Edina, Minnesota this 7th day of October, 1985. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Turner and upon vote being taken thereon, the following voted in favor thereof: Bredesen, Kelly, Richards, Turner, Courtney and the following voted against the same: None whereupon the resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the City Clerk. BIDS AWARDED FOR EDINBOROUGH UTILITIES; JOINT POWERS AGREEMENT APPROVED.BY HRA AND COUNCIL. Mr. Rosland presented the following tabulation of bids for con- struction of the Edinborough project utilities: Annandale Sewer & Water $331,284.17 Hayes Contractors, Inc. $365,201.73 Northdale Construction 332,225.77 Brown & Cris, Inc. 374,842.95 Orfei & Sons, Inc. 333,712.03 Richard Knutson, Inc. 376,488.25 Arcon Construction Co. 336,766.90 Hennen Construction Co. 384,388.40 Q.R.S. Corporation 339,926.00 Progressive Contractors 391,458.05 S.J. Louis Construction 350,496.15 Bergstrom Retail 400,261.50 L & G Rehbein, Inc. 352,532.00 Encon Utilities 409,901.30 Barbarossa & Sons; Inc. 357,777.61 Lametti & Sons, Inc. 634,349.70 G. L. Contracting, Inc. 362,513.28 Staff would recommend award of bid to low bidder, Annandale Sewer & Water, subject to the closing on the property which is expected to be accomplished within the next few weeks. Mr. Erickson explained that part of the utilities is HRA work and part is City work and that they are physically connected and will be con- structed essentially as one package with the costs being recorded separately so that part of the cost will be assessed and part will be paid through tax increment. In order to achieve this it is recommended that a Joint Powers Agreement.be executed between the HRA and the Council in order to jointly and cooperatively publish bids for, award contracts for, and do the public utility work. Commissioner /Councilmember Bredesen then introduced the following resolution and moved its adoption: RFRnT.TTTTnN BE IT RESOLVED by the Housing and Redevelopment Authority of Edina, Minnesota, and the Edina City Council that they hereby authorize and direct the execution of a Joint Powers Agreement between the HRA and the Council in order to jointly and cooperatively publish bids for, award contracts for, and do the public utility work for the Edinborough project. Motion for adoption of the resolution was seconded by Commissioner /Councilmember Kelly. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Seven Commissioner /Councilmember Bredesen then made a motion to award the bid for the Edinborough public utility work to recommended low bidder, Annandale Sewer & Water, for $331,284.17, subject to the closing on the property. Motion was seconded by Commissioner /Councilmember Turner. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. Mayor Courtney adjourned the joint HRA /Council meeting at this point in the meeting. RESOLUTION ADOPTED RELATING TO EAST EDINA HOUSING FOUNDATION. Mr. Erickson recalled that at its May 6, 1985 meeting the HRA had adopted a resolution relating to the Southeast Edina Redevelopment Plan and authorizing the execution of the redevelopment contract, which has now been done. In addition, two specific documents will be involved in the bond issue which the City authorized for the elderly development, e.g. the Interest Reduction Agreement and Deed. The Interest.Reduction Agreement is the payment by the HRA out of tax increment of certain monies and the Deed provides for the low and moderate cost restrict- ions. As recommended, Commissioner Bredesen introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN; RATIFYING AND AFFIRMING THE EXECUTION OF VARIOUS AGREEMENTS AND AUTHORIZING THE EXECUTION OF VARIOUS OTHER DOCUMENTS BE IT REVOLSED by the Board of Commissioners of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. Recitals. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, sub- division 15, designated as the Southeast Edina Redevelopment Plan (the "Plan "). Acting pursuant to the Plan the HRA has acquired certain land in the area included in the Plan and it has been proposed that the HRA sell and transfer a portion of such land to the East Edina Housing Foundation (the "Foundation "), pursuant to a Land Sale Agreement by and between the HRA and the Foundation (the "Agreement "). By a resolution adopted May 6, 1985, the HRA approved the form of the Agreement and authorized the Chairman and Secretary or Assistant Secretary of the HRA to execute and deliver the Agreement on behalf of the HRA with such modifications as are deemed appropriate and approved by the attorney for the HRA and the Executive Director of the HRA. Pursuant to such authori- zation the Chairman and Secretary of the HRA have executed and delivered the Agreement to the Foundation. In connection with the transactions contemplated by the Agreement there has been prepared and submitted to the HRA an Elderly Housing Interest Reduction Agreement (the "Interest Reduction Agreement "), dated as of October 1, 1985, between the HRA and the Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership to be formed (the "Partnership "), and a Deed and Covenants Running with the Land (the "Deed ") from the HRA to the Partnership. 2. Ratification of Execution and Delivery of Agreement. The execution and delivery of the Agreement by the Chairman and Secretary of the HRA is hereby ratified and affirmed. 3. Authorization for Execution and Delivery of Further Documents. The form of the Interest Reduction Agreement and Deed are hereby approved subject to such modifications as are deemed appropriate and approved by the attorney for the HRA and the Executive Director of the HRA, which approval shall be con- clusively evidenced by the execution of the Agreement by the Chairman and Secretary or Assistant Secretary of the HRA. The Chairman and Secretary or Assistant Secretary of the HRA are directed to execute the Interest Reduction Agreement and the Deed. The Chairman and Secretary or Assistant Secretary of H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Eight the HRA are also authorized and directed to execute such other instruments as may be required to accomplish the transaction herein contemplated including but not limited to any amendments or supplements to the Agreement, the Interest Reduction Agreement and the Deed and other agreements as may be necessary to accomplish the transactions contemplated by the Agreement. The execution of any such amendments, supplements or agreements by the Chairman and Secretary or Assistant Secretary of the HRA shall be conclusive evidence of the approval of such documents by the HRA in accordance with this Resolution. Dated this 7th day of October, 1985. ATTEST: Chairman Executive Director The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Turner, and upon vote being taken thereon, the following voted in favor thereof: Bredesen, Kelly, Richards, Turner, Courtney and the following voted against the same: None whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. The HRA meeting was adjourned by motion of Commissioner Bredesen, seconded by Commissioner Turner. Motion carried. Executive Director MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 7, 1985 Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor Courtney. SPECIAL ASSESSMENT FOR STREET IMPROVEMENT NO. BA -137A AMENDED. Mr. Rosland recalled that at its meeting of September 16, 1985 the Council had proposed to reduce the special assessment for Street Improvement No. BA -137A relating to the property located at 5700 -04 Hansen Road. Based on the.irregular. configuration of the lot, it-was proposed that the assessable feet be reduced by one - third. Jim Fosen, co -owner of the subject property, had.-..also requested that an allowance of $1,000 be made as compensation for trees he..alleged were removed without his consent. Mr. Hoffman advised that the co- owners have now proposed to accept a com- promise reduced assessment based on 150 assessable feet or $3,000 because of the narrow odd lot size. They have further agreed to withdraw any pending legal action now or in the future against the City regarding removal of trees and also withdraw their opposition to the parking restrictions on Hansen Road. Mr. Hoffman explained that the compromise assessment proposed is based on a comparision of the subject property with the assessable feet of the adjoining double dwelling unit to the south. He reiterated staff's position that the contractor was not accountable for the trees alleged to have been removed without consent. Mr. Hoffman added that the Council could also base the assessment on the configuration of the lot. Mr. Fosen commented that the irregular lot configuration was the reason they were requesting a reduction; that the trees are a separate issue and they still feel trees were removed from their property without consent but that they wished to resolve the matter. Richard Pelava, co- owner, pointed out that the wedged shaped portion of the lot slopes down into a valley and is unuseable.. Member Bredesen commented that because the northern one -half of the property is essentially unuseable a reduction of the assessment based on one -half the total footage could be justified. After further discussion, Member Bredesen introduced the following resolution and moved its- adoption,.subject to agreement by the co- owners of the property to withdraw any pending legal action -now or in the future against the City regarding removal -of trees and to withdraw their opposition to -the parking restrictions on Hansen Road: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVIED ON ACCOUNT OF PUBLIC IMPROVEMENT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. Special assessment for Street Improvement No. BA -137A is hereby amended to reduce the assessment for Part of Lot 6 and 7, Garden Park (32- 117 -21 -0053) to a total assessment of $3,400,00. 2. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessment with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. PUBLIC HEARING CONDUCTED; SIDEWALK REPLACEMENT IMPROVEMENT NO. 5 -35 AUTHORIZED. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted and action taken as hereinafter set forth: A. SIDEWALK REPLACEMENT IMPROVEMENT NO. P -S -35 IN THE FOLLOWING: West 44th Street, Woodcrest Drive and Park Place Mr. Rosland presented the total estimated construction cost for Improvement No. P -S -35 at $14,878.88, proposed to be assessed against 56 assessable lots at an estimated cost of $250.00 per lot. Properties which do not have replacement sidewalk constructed will not be assessed. Mr. Hoffman explained that the pro- posed sidewalk repair project is similar to the Country Club District project currently underway in which cracked, raised and /or sunken sidewalk is being replaced. The project assessment is proposed to be spread over a three year period. The proposed project would be done in the Fall of 1985 with assessment in 1986 and the first installment due in 1978. He advised that a number of calls had been received from property owners on the aforementioned streets requesting the sidewalk replacement. Mr. Hoffman said that the sidewalk replacement work could be handled as an addendum to the contract awarded to Victor Carlson and Sons, Inc. for the sidewalk replacement currently being constructed in the Country Club District. He added that no objections have'been received in response to the Notice of Public Hearing that was mailed to affected property owners. No objections being heard, Member Turner introduced the following resolution and moved its adoption: 10/7/85 RESOLUTION.ORDERING IMPROVEMENT SIDEWALK REPLACEMENT IMPROVEMENT NO. S -35 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: 1. SIDEWALK REPLACEMENT IMPROVEMENT NO. S -35 IN THE FOLLOWING: West 44th Street, Woodcrest Drive and Park Place and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintnance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SIDEWALK REPLACEMENT IMPROVEMENT NO. S -35 and the area to be specially assessed therefore shall include some properties in the Colonial Grove Sixth Addition; Lots 79 thru 92, Morningside; Lots 23 thru 27, Riley's Subdivison of Lots 3, 4, 5, 6, 7, 30 and 31 Grimes Homestead; Lots 14 thru 16 Melvin Grimes Subdivision; Lots 11 thru 13 Grimes Homestead; and Lots 9 thru 15, Block 11, Browndale Park. Motion for adoption of the resolution was seconded by Member .Kelly. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. VARIANCE GRANTED UPON APPEAL OF BOARD OF APPEALS AND ADJUSTMENTS DECISION FOR 5905 EWING AVENUE. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Craig Larsen presented the appeal of Kelly Doran, 5905 Ewing Avenue, from a Board of Appeals and Adjustments decision for a two foot sideyard variance to expand an existing single car garage. Mr. Larsen advised that the subject property is developed with a single family dwelling with an attached one car garage. The proposed addition would add six feet to the garage resulting in an overall garage width of 18 feet with a three foot sideyard. The Zoning Ordinance requires that attached garages be setback five feet from the interior property line. The purpose of the addition is to eliminate the need to park on the grass and to jockey cars when a family member leaves the home. Mr. Larsen pointed out that on this block between 58th and 50th Streets there are 19 other dwellings which have single car garages and face the same problems as the proponent. All but two of these 19 homes also do not have enough land available to widen their garages without a variance. This indicates that there is not a hardship due to the unique nature of this lot which is not encountered by other lots in the area. This block also contains.!_ 11 sites with double garages. The average sideyard setback at these sites is 7.6 feet; no sideyard on the entire block is less than 5 feet. Mr. Larsen advised that the variance request was_heard by the Board of Appeals and Adjust- ments on September 5, 1985 and that the Board denied the request. The Board felt that a hardship was not unique to this property. They also felt that granting the variance could alter the character of the neighborhood and set an undesirable precedent in the area. Kelly Doran, representing the property owner, said he had surveyed the homes in the area bounded by 57th Street to the Cross- town Highway and from France Avenue to Beard Avenue (approximately 260 homes). Approximately one -half had single car garages and one -half had double car . garages. In that area there are 11 cases wherein the dwelling or garage is within five feet of the interior lot line. There were two garages which are 18 feet wide and one that is 19 feet wide. Based on those examples, Mr. Doran requested that the variance be granted. He further stated that he had contacted a garage builder who said that 18 foot wide garages are not uncommon and that it would be adequate for two mid -sized cars and would not detract from the value of the property. Member Turner asked if the Zoning Ordinance requires a minimum garage size and if the City has granted variances on lot coverage for conversion from a single to a double garage. Mr. Larsen responded that the Zoning Ordinance only speaks to the size of enclosed parking spaces but does not state a minimum garage size and that the City has granted variances both as to lot coverage and setback to allow conversion to a double garage to meet the Zoning Ordinance requirements. No further comment being heard, Member Turner made a motion to approve the two foot sideyard variance request, based on the fact that a double garage would meet ordinance requirements. Motion was seconded by Member Richards. Rollcall: Ayes: Kelly, Richards, Turner, Courtney Nays: Bredesen Motion carried. BID AWARDED FOR STREET IMPROVEMENT NO. BA -268 (BRAEMAR BOULEVARD) AND GOLF COURSE CONSTRUCTION. Mr. Rosland presented tabulation of bids for Street Improvement No. BA -268 (Braemar Boulevard) and Braemar Golf Course construction for the y 10/7/85 executive course. The bids were as follows: Bidder I Roadway Golf Course Total. D.L.R. Construction $405,242.01 $187,758.00 $593,000.01 D.H. Blattner & Sons, Inc. 421,324.15 235,412.50 6569737.65 G.L. Contracting 469,760.29 263,621.38 733,381.67 Matt Bullock Contracting 501,478.45 234,362.50 735,840.95 Buesing Bros. 504,276.42 245,999.00 750,275.42 Park Construction Company 530,714.71 278,133.64 808,848.35 Shafer Contracting 5729382.20 272,661.00 845,043.20 Bergstrom Realty 684,210.50 304,226.00 988,436.50 Lametti & Sons, Inc. 701,588.60 328,869.63 1,0899000.00 Motion of Member Turner was seconded by Member Kelly for award of bid to recom- mended low bidder, D.L.R. Construction at a total bid of $5939000.01. Ayes: Bredesen, Kelly, Richards, Turner, Courtney STRUCTURAL STEEL LABOR: Motion carried. 3,769 BIDS AWARDED FOR VARIOUS PHASES OF BRAEMAR GOLF COURSE CLUB HOUSE CONSTRUCTION. Mr. Rosland presented tabluation of bids for the Braemar Golf Course Club House explaining that these bids are for various phases of construction as directed by the construction manager. The bids were as follows: CONCRETE & MASONRY: Hollenback & Nelson $121,083'low bid Kelleher 124,378 Mas -Con 135,799 Axel Ohman 145,000 PRECAST CONCRETE: Spancrete 14,100 low bid Molin 14,485 Bladholm 18,033 ROUGH CARPENTRY: E 2 Construction 52,400 low bid Crawford -Merz Company 59,500 STRUCTURAL STEEL: Stein Brothers 11,051 low bid Hemenway Iron Works 12,300 Minnetonka Iron Works 18,250 STRUCTURAL STEEL LABOR: Vickerman 3,769 Midwest Erectors 5,000 (Recommendation to reject all bids as low bidder provided no bid bond and did not meet specifications.) WOOD DECKING & GLUE LAMINATED CONSTRUCTION: Structural Wood Corporation. 53,390 Building Pros, Inc. 29,196 (Lower bid was for material only - no bid bond provided) Mr. Rosland recommended award of bid to low bidder for concrete & masonry, precast concrete, rough carpentry and structural steel. Rejection of all bids for struct- ural steel labor is recommended as low bidder provided no bid bond and did not meet specifications. Mr. Rosland stated that because the cost for structural steel labor is not in excess of $5,000 that the City will negotiate that purchase. He explained that with regard to wood decking and glue laminated construction, Structural Wood Corporation is the only company in the state that does this type-. of construction and that the bid submitted by Building Pros, Inc. was for material only. Therefore award of bid to Structural Wood Corporation is recommended. Member Richards raised questions about the bid for wood decking and glue laminated construction and suggested that award be continued to the next Council meeting to allow staff to research that part of the construction for alternatives. Motion of Member Richards was seconded by Member Bredesen for award of bids to recommended low bidders as follows: Concrete & Masonary Hollenback & Nelson -$121,083 Precast Concrete Spancrete 14,100 Rough Carpentry E 2 Construction 52,400 Structural Steel Stein Brothers 11,051 to reject all bids for structural steel labor and to continue award of bid for wood decking and glue laminated construction to the Council Meeting of October 21, 1985. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR TRAFFIC SIGNAL CONTROL SYSTEM (WEST 70TH STREET AND CORNELIA AV. Mr. Rosland presented tabluation of bids for one full activated traffic control signal system and intersection radius recor.struction at West 70th Street and Cornelia Avenue showing Hoffmann Electric at $59,700.00, Ridgedale Electric at $61,851,00, Electric Service Co. at $67,480.00, Eagan McKay at $67,524.00 and C.S.I. Electric at $68,080.00. Motion of Member Turner was seconded by Member Kelly for award of bid to recommended low bidder, Hoffmann Electric, at $59,700.00. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. 10/7/85 BID AWARDED FOR IRON REMOVAL TREATMENT - PLANT NO. 2. Mr. Rosland presented tab- ulation of bids for iron removal treatment - Plant No. 2, repairing the filler bed plates and removal of filter-media, showing Tonka Equipment Company at $5,680.00 and Layne Minnesota at $7,125.00. Motion of Member Bredesen was seconded by Member Kelly for award of bid to recommended low bidder, Tonka Equip- ment Company at $5,680.00. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. ACCESSORY USES /ZONING ORDINANCE TO BE CONSIDERED AT SPECIAL MEETING. Mr. Rosland advised that, in accordance with the Council's directive, the report on Accessory Uses as regulated by the Zoning Ordinance and Nuisance.Ordinance, had been reviewed by the Community Development and Planning Commission at its October 2, 1985 meeting. The Commission did not recommend that any changes be made. After a brief discussion, Member Bredesen's motion was seconded by Member Turner setting Monday, December 9, 1985 as a study session for Council to consider the report on Accessory Uses. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. RELOCATION STUDY AUTHORIZED FOR EDINA HISTORICAL SOCIETY. Mr. Rosland presented the proposal submitted by Foster Dunwiddie, of Miller - Dunwiddie- Associates, Inc., for architectural /engineering services for the Relocation Study for the Edina Historical Society not to exceed $2,150.00. He explained that the study would analyze existing and future space requirements, review and analyze alternative locations, review and analyze alternative locations for the Cahill School and Grange Hall in Utley Park and would include estimated costs for the various alternative locations. Mr. Rosland pointed out that the Society would like to complete their relocation by the time the City celebrates its centennial in 1988. The Society and The Edina Foundation have indicated that they are willing to split the cost of the study with the City. The City's share of cost would be $1,075.00 . which would be paid from contingencies. Member Richards introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council hereby directs and authorizes the Mayor and Manager to execute an agreement for architectural /engineering services for the Relocation Study for the Edina Historical Society with Miller- Dunwiddie - Associates, Inc. not to exceed $2,150.00. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Kelly, Richards, Turner, Courtney Nays: Bredesen Resolution adopted. AMM METROPOLITAN SIGNIFICANCE BOARD TASK FORCE REPORT NOTED. Member Turner called the Council's attention to a report of the AMM Metropolitan Significance Board Task Force which was formed to look at process type concerns in connection with the proposed Megamall in Bloomington. The report stated that the metropolitan significance••review whould.be conducted in a fair and impartial manner in accord- ance with prescribed rules and regulations and upon completion the Metropolitan Council should review the process itself under MS 473.173 and the adopted rules. No formal action was taken. EDINA FOOD SHELF LOCATED AT ST. PETER'S LUTHERAN CHURCH NOTED. Member Turner advised that Edina now has a food shelf located at St. Peter's Lutheran Church, 54th Street and France Avenue, which has been established under the V.E.A.P. program. No action was taken. DEED FOR BONN PROPERTY.TO BE EXECUTED. Mr. Rosland reported that the survey of Mrs. Jessie Bonn's property at 6005 Pine Grove Road, has been completed and that the City Attorney is working on the deed for transfer of the property to the City as a donation by Mrs. Bonn. Member Richards asked that the information be con- veyed to Dr. Paul Carson who has made inquiry as to the status of this transfer. No formal action was taken. PUBLIC HEARING DATE SET FOR VACATION OF UTILITY AND STREET EASEMENTS; DEWEY HILL THIRD ADDITION. Mr. Rosland advised that a petition has been received. requesting vacation of a utility easement and street easement located in Dewey Hill Third Addition. As recommended by staff, Member Turner introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING ON VACATION OF EASEMENTS FOR UTILITY AND STREET PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota as follows: 1. It is hereby found and determined that the following described easements for utility and street purposes should be considered for vacation, in accordance 10/7/85 with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: The utility easement in Lots 1 and 2, Block 1, Dewey Hill Third Addition, as shown on and dedicated by the plat thereof, on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. The utility easement in Outlot C, Dewey Hill Third Addition, as shown on and dedicated by the plat thereof, on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. All that part of the public street known as "Glasgow Drive" dedicated in the plat of Dewey Hill Third Addition, according to the plat thereof, on file and of record in the office of the Registrar of Titles, Hennepin County, Minne ota. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENTS FOR UTILITY AND STREET PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County,' Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on November 4, 1985, at 7:00 P.M., for the purpose of holding a public hearing on the proposed vacation of the following easements for utility and street purposes: (Legal descriptions as included in paragraph 1 of this resolution) All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacations are in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed vacations affect existing easements within the area of the proposed vacations and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone 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, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn, City Clerk Motion for adoption of the resolution was seconded by Member Richards. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. REQUEST CONSIDERED FOR TAX - FORFEITED PARCEL TO BE CONVEYED AND ATTACHED TO LOT 3, BLOCK-8, WOODBURY PARK (DAY PROPERTY). Mr. Kojetin presented the request of Richard M. Day, 3511 West 55th Street, to release a parcel of land owned by the City of Edina adjacent to his property (Lot 3, Block 8, Woodbury Park) which was acquired by the City in 1966 as tax - forfeited land. He explained that Mr. Day's concern for this piece of property goes back to 1951. At that time separating his lot from Minnehaha Creek was a service road (platted-but never.developed) and Lot A, 24 feet wide and running two blocks on the creek bank from Bears to Drew Avenues. In approximately 1953 Mr. Day bought Lot A and divided it.with his neighbors and as owners on both sides of the service road they petitioned the City to vacate the road which was done. Lot A was divided and adjoined to each respective lot along the creek except the parcel adjoining Mr. Day's lot through an oversight by Hennepin County. In June of 1957 it was brought to Mr. Day's attention that he did not own this small parcel and by action of the county board the property was then acquired by Mr. Day. Mr. Kojetin pointed out that between June 1957 and 1966 Mr. Day assumed that the taxes on -this small parcel were included on his property tax statement when in reality they were not. In 1966 the City of Edina acquired the parcel as tax forfeited land. Mr. Day, now would like to resolve the issue and have the parcel attached to his property. Richard Day was present and asked what the procedure would be to regain the parcel. 10/7/85 Mr. Kojetin explained that because the parcel is park property, the following steps would have to be taken: 1) the Park Board would have to declare this property as not needed for public usage, and 2) the City Council would have to adopt a resolution stating that this is not needed for public use and return the property to the State of Minnesota requesting that sale of the property be limited to adjacent property owners. Following discussion, Member Turner made a motion that the process as stated begin, that the matter be placed on the Park Board agenda of October 8, 1985 and that it be brought back to the Council on October 21, 1985 for action. Motion was seconded by Member Kelly. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. LIQUOR FUND REPORTS as of July 31 and August 31, 1985 were presented, reviewed and ordered place on file by motion of Member Turner, seconded by Member Kelly. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. RESOLUTIONS ADOPTED CANCELLING AD VALOREM TAXES FOR 1986 ON $5,400,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1985 AND $2,200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS ADOPTED. As recommended by the Finance Director, Member Bredesen introduced the following resolutions and moved their adoption: RESOLUTION CANCELLING AD VALOREM TAXES COLLECTIBLE WITH 1986 GENERAL PROPERTY TAXES LEVIED FOR $5,300,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984 WHEREAS, the City Council of the City of Edina has, by resolution adopted September 10, 1984, levied a special ad valorem tax for the payment of principal and interest of its General Obligation Improvement Bonds, Series 1984; said ad valorem tax in the amount of $1,217,000 being collectible with and as a part of other general taxes for the year 1986; and WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issue; and it has been determined by this Council that the-required moneys are on hand for the payment of said principal and interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those ad valorem tax levies made by resolution of this Council adopted September 10, 1984, and collectible with and as a part of other general property taxes in said City for the year 1986, be and hereby are cancelled; and BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be authorized and directed to cancel the above described ad valorem tax levies and to delete said levies from taxes to be spread for the year 1986. RESOLUTION CANCELLING AD VALOREM TAXES COLLECTIBLE WITH 1986 GENERAL PROPERTY TAXES LEVIED FOR $2,200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS WHEREAS, the City Council of the City of Edina has, by resolution adopted November 3, 1975, levied a special ad valorem tax for the payment of principal and interest of its $2,200,000 General Obligation Redevelopment Bond; said ad valo-- <-m tax in the amount of $210,500 being collectible with and as a part of other general taxes for the year 1986; and WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issue; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those ad valorem tax levies made by resolution of this Council adopted November 1975, and collectible with and as a part of other general property taxes in said City for the year 1986, be and hereby are cancelled; and BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be authorized and directed to cancel the above described ad valorem tax levies and to delete said levies from taxes to be spread for the year 1986. Motion for adoption of the resolutions was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolutions adopted. 3, CLAIMS PAID. Motion of Member Turner was seconded by Member Kelly for payment of the following claims dated 10/7/85: General Fund $235,815.41, Art Center $1;248.59, Swimming Pool Fund $3,035.56, Golf Course Fund $27,262.44, Recreation Center Fund $74,825.21, Utility Fund $32,955.63, Liquor Dispensary Fund $5,047.80, Construction Fund $20,966.61, IMP Bond Redemption Fund $313,308.00, Total $714,455.25. There being no further business on the agenda, Mayor Courtney declared the meeting adjourned at 8:55 p.m. City Clerk Commissioner NQ� � introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN; AMENDING THE 1985 PROJECT AREA BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA ") , as follows: 1. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, designated as the Southeast Edina Redevelopment Plan (the "Plan "), which also constitutes a redevelopment project, as defined in Minnesota Statutes, Section 445.421, subdivision 13, and a tax increment financing plan, pursuant to the provisions of Minnesota Statutes, Section 273.74. The Plan established a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9 (the "District "). The HRA and the Edina City Council have approved amendments to the Plan, designated as the 1985 Amendment to the Southeast Edina Redevelopment Plan (the "1985 Amendment "). The HRA has been informed that a parcel of land was inadvertently omitted from the 1985 Project Area, as defined in the 1985 Amendment. The legal description of such omitted parcel is Lot 1, Block 1, Northwestern Financial Center (the "Land "). It has been proposed that the HRA include the Land in the 1985 Project Area. The Land was not intended to be included in the District. 2. The ,1985 Project Area included in the 1985 Amendment is amended to include the Land, provided the Land is not to be included in the District. The Edina City Council is hereby requested to approve such amendment of the 1985 Project Area. Upon receipt of such approval by the Edina City Council, the Executive Director of the HRA and the attorney for the HRA are hereby authorized and directed to proceed with the amendment of the 1985 Project Area. Dated this 4th day of November, 1985. Chairman Attest: Executive Director i PRELIMINARY PLAT APPROVED FOR WARDEN ACRES AUSTIN REPLAT. Affidavits of Notice A` were presented by Clerk, approved and ordered placed on file. Planner Larsen presented the petition for preliminary plat approval noting that the subject property is located south of Grove Street and on the east end of the cul -de -sac =J on Oak Lane. The property is part of an earlier subdivision of the area and measures 138 feet in width, 239 feet in depth and is 33,057 square feet in size. The proponent is requesting a subdivision which would create one buildable.lot of 12,237 square feet with the remaining 20,830 square feet designated as an outlot. A previous replat of this property included the dedication of an extension of Oak Lane east to Garden Avenue. Additional right of way must be acquired before this could take place. The property is now accessed by a temporary cul -de -sac which terminates in the northwesterly corner of the property. Mr. Larsen pointed out that the proponents intent is to create one buildable lot while reserving the balance of the property for future subdivision. Since the balance of the property would be designated as an outlot, it would not be buildable without replatting. The lot size of the proposed lot is similar to other lots in the vicinity. At its June 26, 1985 meeting, the Community Development and Planning commission approved the preliminary plat. No comment being heard, Member Kelly introduced the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL WARDEN ACRES AUSTIN REPLAT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Warden Acres Austin Replat", platted by Curtis E. Austin, and presented at the regular meeting of the City Council of July 15, 1985, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member - Turner. Rollcall: Ayes: Bredesen, Kelly, Turner, Courtney Resolution adopted. (425 WASHINGTON AVENUE). Affidavits of Notice were Clerk, approved and ordered placed on file. Planner Larsen s the subject property is located at the corner of Washington A •Saloney Avenue. County Road 18 is located to the immediate west o ite and Grandview Cemetery is to the south. The property is a vacant asuring 70 feet in width, approximately 125 feet in depth and contai 8 square feet of lot area. Robert Anderson, proponent, is requestin ing of the site from R -1 Single Dwelling Unit District to R -2 Double ng Unit District to allow the construction „c * ^ir dwelling. Thy - t,acr �pac hPar(j .a r.__rha_r.T�.T_ r.nP, na C In E' t motion i- WARDEN ACRES AUSTIN 2ND REPLAY--.' EasT !i� x•24.32 %$m = =`- � -. ,. =- - - 94.88 - - - -f 130.00 - -- --�' a� I �J "hm I I �� •� 4 h 1 OUTLOT A �J I -% 10 -+1 ti 5 I I b �I - - - - -- 239 20 589'.58zrw !! - - - - -- :.�r -r _.J RESOLUTION GRANTING FINAL PLAT APPROVAL FOR WARDEN ACRES AUSTIN 2ND REPLAT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Warden Acres Austin 2nd Replat ", platted by Curtis E. Austin and Valborg J. Austin, husband and wife, and presented at the regular meeting of the City Council of Edina be and is hereby granted final plat approval. ADOPTED this 4th day of November, 1985. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 4, 1985, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 5th day of November, 1985. City Clerk T 73- • • �• r ice Larsen explained that this is the same proper w is was jus rom R -1 Single Dwelling District to R -2 Double Dwelling Dist urther comments being heard, Member Turner introduced the resolution and moved its adoption: T APPROVAL RESOLUTION GRANTING PREL FOR FOLKS R. V _ BDIVISION BE IT RESOLVED by the City Cou e City af Edina, Minnesota, that that certain plat entitled "Fol torsen Subdivision," platted by Cardarelle and Associates, and pr at the regular meeting of the City Council of September 16, 1985 is hereby granted preliminary plat approval. Motion for ado the resolution was seconded by Member Kelly. Rollcall- Ayes: en, Kell yr Lcu. PRELIMINARY PLAT APPROVED FOR PARKWOOD KNOLLS 22ND ADDITION. Affidavits of Notice were presented.by Acting City Clerk, approved and ordered placed on file. Planner Larsen informed the Council that the proposed plat is located north of Green Farms Road extended and west of Ridge Road. This plat represents a portion of approx- imately 70 acres of vacant land which the owner, Carl Hansen, is developing for single dwelling lots on an incremental basis. In 1978, the Planning Commission and City Council approved a preliminary plat for the entire property, and today approximately 129 lots remain from this preliminary plat. Mr. Larsen explained that Mr. Hansen has submitted a plat illustrating 16 lots involving 7.902 acres. Lots range from 15,396 square feet to 20,046 square feet in area. All of the lots conform t& the standards set forth in the Zoning Ordinance. Mr. Larsen pointed out that the plat shows the extension of Green Farms Road northerly to intersect with adjacent property owned by Mr. Loufek. This property has received a pre - liminary plat approval which illustrates the further extension of Green Farms Road to intersect with Interlachen Boulevard. Mr. Larsen continued that the City's Engineering Department has reviewed the plat and has recommended modifications to the proposed road grade. They have also recommended the installation of a storm sewer to serve this property and adjacent property to the north. Mr. Larsen concluded that staff recommends approval of the preliminary plat conditioned upon a developer's agreement which satisfactorily addresses the road grade and storm sewer issues. The plat is consistent with the overall preliminary plat approved earlier, and the lots are generally consistent with other lots in the area. No further comments being heard, Member Bredesen introduced the following resolution and moved its adoption, subject to a satisfactory developer's agreement: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR -nARKWOOD KNOLLS 22ND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Parkwood Knolls 22nd Addition," platted by Carl M. Hansen, and presented at the regular meeting of the City Council of September 16, 1985, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. PRELIMINARY FLAT OF.- PARKWOOD KNOLLS ZZND ADDITION NO 325 At 16 L076 � TOTAL AIM 144,7US Stem M So, ADIC =.V.6 f4 fill Co. Z,.. ZONED: lt-1 X A.Wdal D.0 isoo 7(K&wjvj S RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PARKWOOD KNOLLS 22ND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Parkwood Knolls 22nd Addition ", platted by Parkwood Knolls Construction Company, a Minnesota corporation, and Carl M. Hansen and Helen M. Hansen, husband and wife, and presented at the Regular Meeting of the City Council of Edina be and is hereby granted final plat approval. ADOPTED this 4th day of November, 1985. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 4, 1985, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 12th day of November, 1985. City Clerk =. 2). M E M 0 DATE: November 1, 1985 TO: Kenneth Rosland, City Manager FROM: Craig Larsen SUBJECT: Housing Revenue Bond Program, Grandview Development Co. Attached is a copy of the Program for Housing Revenue Bonds for Grandview Development Company which was considered by the City Council at its October 7, 1985, meeting. In order to fully comply with state law we published notice of a public hearing on the program in The Edina Sun - Current on October 16, 1985. Public comment is being accepted through the public hearing on November 4, 1985. A second resolution reaffirming the inducement resolution passed on October 7, will be available prior to Monday's Council Meeting. EXHIBIT A City of Edina, Minnesota PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C 1. Grandview Development Company, a Minnesota Limited Partnership (the "Developer ") intends to acquire land in the City of Edina, Minnesota (the "City ") and construct and equip thereon a multifamily residential rental facility to be occupied primarily by elderly persons and in part by persons and families of low and moderate income. The site is located at 5212 Vernon Avenue in the City. The development will contain approximately 152 housing units, at least 20% of which will be rented to persons of "low and moderate income, under §103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the "Code "), and the Regulations thereunder. .2. Representatives of the Developer have requested that the City issue its housing,revenue bonds under the Act in a maximum aggregate principal amount of approximately $13,840,000 to finance the acquisition of the site and the construction and equipping of the development and facilities functionally subordinate and related to the development. 3. The City's Housing Plan serves as a basis for the City's goal of providing a variety of housing stock through- out the City, for persons residing in the City, including persons of low and moderate income. The development to be financed by the Program will assist the City in certain problems addressed in the Housing Plan, including (a) increasing available housing stock, (b) providing decent, sanitary and affordable housing for residents of the City, including persons of low and moderate income and their families. 4. The development will be a "multifamily housing development" within the meaning of Subd. 5 of §462C.02 of the Act, undertaken pursuant to Subd. 4 of §462C.05 of the Act. The income limitations set forth in Subd. 2 of §462C.05 of the Act will not apply to this development since it will be located within a redevelopment project area under Minnesota Statutes, Chapter 462. In addition, as discussed in paragraph 1 of this Program, at least 20% of the units will be rented or available for rental to persons of low and moderate income; that is, with incomes not greater than 80% of the median family income as estimated by the United States Department of Housing and Urban Development for the statistical area in which the City is located, currently $26,240. s 5. To finance the development, the City intends to issue is housing revenue bonds pursuant to the Act, in a maximum aggregate principal amount of approximately $13,840,000 (the Bonds). The City will lend the proceeds of the Bonds to the Developer pursuant to a revenue agreement in which the Developer agrees to make loan repayments sufficient to repay the Bonds. The Bonds will be a special, limited obligation of the City, payable solely from revenues derived from payments to be made by the Developer under the revenue agreement and pledged to the payment of the Bonds. The Bonds may be secured by a mortgage and security interest in the development, or by some form of credit enhancement (which may include one or more letters of credit, insurance on the mortgage loan or the Bonds), or by a combination of such security devices. -2- CERTIFICATION OF MINUTES RELATING TO HOUSING REVENUE BONDS Issuer: City of Edina, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on November 4, 1985, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): MINUTES OF PUBLIC HEARING ON PROPOSED MULTIFAMILY HOUSING PROGRAM RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES, FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING DEVELOPMENT; APPROVING A MULTIFAMILY HOUSING PROGRAM, CONFIRMING PRELIMINARY APPROVAL TO THE DEVELOPMENT AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of , 1985. (SEAL) Signature Marcella M. Daehn, City Clerk Name and Title The Mayor stated that this was the time and place fixed by a resolution of this Council adopted on October 7, 1985, for a public hearing on the proposal that the City undertake a program (the Program) pursuant to Minnesota Statutes, Chapter 462C. The City Clerk presented an affidavit showing publication of the notice of public hearing at least once not less than 15 days prior to the date fixed for the public hearing, in the Edina Sun Current, a newspaper circulating generally throughout the City. The affidavit was examined, found to be satisfactory and ordered placed on file with the City Clerk. The City Clerk presented any comments on the Program submitted by Metropolitan Council. The Mayor then opened the meeting for the public hearing on the proposal to undertake the Program on behalf of the Borrower. The purpose of the hearing was explained and the nature of the Program and of the proposed revenue bonds was discussed, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the Program, in respect to which the following persons either appeared, were recognized and made statements, or filed written comments with the City Clerk before the date set for the hearing, summaries of which appear opposite their respective names: Name of Speaker Summary of Views After all persons who wished to do so had stated or filed their views on the proposal, the Mayor declared the public hearing closed. Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES, FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING DEVELOPMENT; APPROVING A MULTIFAMILY HOUSING PROGRAM CONFIRMING PRELIMINARY APPROVAL TO THE DEVELOPMENT AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City ") as follows: Section 1. Recitals. 1.01. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries which revenue bonds or obligations shall be payable solely from the revenues of the development or other security pledged therefor. 1.02. Representatives of Grandview Development Company, a Minnesota Limited Partnership (the "Developer "), have advised this Council of its desire to acquire land located within the geographical limits of the City at 5212 Vernon Avenue and construct and equip thereon a multifamily rental apartment building containing approximately 152 units, together with parking and related and subordinate facilities (the "Development "). The Development is intended primarily for occupancy by elderly persons. Total development and financing costs are presently estimated by the Developer to be approximately $13,840,000. 1.03. Representatives of the Developer have requested that the City issue its revenue bonds in one or more series (the "Bonds ") pursuant to the authority of the Act in such aggregate principal amount as may be necessary to finance all or a portion of the costs of the Development and make the proceeds of the Bonds available to the Developer, directly or indirectly, for the acquisition, construction and equipping of the Development, subject to agreement by the Developer to pay promptly the principal of and interest on the Bonds. 1.04. By a resolution adopted on October 7, 1985, entitled "Resolution Relating to the Issuance of Revenue Bonds Pursuant to Chapter 462C, Minnesota Statutes, for the Purpose of.Financing a Multifamily Housing Development; Giving Preliminary Approval to the Development and Calling for a Public Hearing Thereon" (the "Resolution "), this Council gave preliminary approval to the Development and the issuance of the Bonds by the City to finance all or a portion of the costs thereof. 1.05. A multifamily housing program has been prepared pursuant to the requirements of subdivision 5 of Section 462C.05 of the Act for the Development and the issuance of the Bonds (the "Program "), a copy of which is attached as Exhibit A hereto. A copy of the Program has been submitted to the Metropolitan Council for review and comment. 1.06. At a public hearing, duly noticed and held on November 4, 1985, in accordance with the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended, on the Program, any comments on the Program submitted by the Metropolitan Council were presented to the Council and all parties who appeared at the hearing were given an opportunity to express their views with respect to the Program and interested persons were given the opportunity to submit written comments to the City Clerk before the time of the hearing. Section 2. Approvals and Authorization. 2.01. The Program is hereby approved and the approvals contained in the Resolution are hereby ratified and confirmed. 2.02. In accordance with Section 462C.04 , subdivision 2 of the Act, the Mayor and City Manager are hereby authorized and directed to cause the Program to be submitted to the Minnesota Housing Finance Agency for review. The Mayor, City Manager, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Minnesota Housing Finance Agency with any preliminary information needed for this purpose. The City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Development, the Bonds and the Program. Passed and adopted by the City Council of the City of Edina, Minnesota this 4th day of November, 1985. Attest: City Clerk -2- Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the City Clerk. -3- EXHIBIT A City of Edina, Minnesota PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C 1. Grandview Development Company, a Minnesota Limited Partnership (the "Developer ") intends to acquire land in the City of Edina, Minnesota (the "City ") and construct and equip thereon a multifamily residential rental facility to be occupied primarily by elderly persons and in part by persons and families of low and moderate income. The site is located at 5212 Vernon Avenue in the City. The development will contain approximately 152 housing units, at least 20% of which will be rented to persons of "low and moderate income, under §103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the "Code "), and the Regulations thereunder. 2. Representatives of the Developer have requested that the City issue its housing revenue bonds under the Act in a maximum aggregate principal amount of approximately $13,840,000 to finance the acquisition of the site and the construction and equipping of the development and facilities functionally subordinate and related to the development. 3. The City's Housing Plan serves as a basis for the City's goal of providing a variety of housing stock through- out the City, for persons residing in the City, including persons of low and moderate income. The development to be financed by the Program will assist the City in certain problems addressed in the Housing Plan, including (a) increasing available housing stock, (b) providing decent, sanitary and affordable housing for residents of the City, including persons of low and moderate income and their families. 4. The development will be a "multifamily housing development" within the meaning of Subd. 5 of §462C.02 of the Act, undertaken pursuant to Subd. 4 of §462C.05 of the Act. The income limitations set forth in Subd. 2 of §462C.05 of the Act will not apply to this development since it will be located within a redevelopment project area under Minnesota Statutes, Chapter 462. In addition, as discussed in paragraph 1 of this Program, at least 20% of the units will be rented or available for rental to persons of low and moderate income; that is, with incomes not greater than 80% of the median family income as estimated by the United States Department of Housing and Urban Development for the statistical area in which the City is located, currently $26,240. 5. To finance the development, the City intends to issue is housing revenue bonds pursuant to the Act, in a maximum aggregate principal amount of approximately $13,840,000 (the Bonds). The City will lend the proceeds of the Bonds to the Developer pursuant to a revenue agreement in which the Developer agrees to make loan repayments sufficient to repay the Bonds. The Bonds will be a special, limited obligation of the City, payable solely from revenues derived from payments to be made by the Developer under the revenue agreement and pledged to the payment of the Bonds. The Bonds may be secured by a mortgage and security interest in the development, or by some form of credit enhancement (which may include one or more letters of credit, insurance on the mortgage loan or the Bonds), or by a combination of such security devices. :PM Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES, FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING DEVELOPMENT; APPROVING A MULTIFAMILY HOUSING PROGRAM CONFIRMING PRELIMINARY APPROVAL TO THE DEVELOPMENT AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City ") as follows: Section 1. Recitals. 1.01. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries which revenue bonds or obligations shall be payable solely from the revenues of the development or other security pledged therefor. 1.02. Representatives of Grandview Development Company, a Minnesota Limited Partnership (the "Developer "), have advised this Council of its desire to acquire land located within the geographical limits of the City at 5212 Vernon Avenue,and construct and equip thereon a multifamily rental apartment building containing approximately 152 units, together with parking and related and subordinate facilities (the "Development "). The Development is intended primarily for occupancy by elderly persons. Total development and financing costs are presently estimated by the Developer to be approximately $13,840,000. 1.03. Representatives of the Developer have requested that the City issue its revenue bonds in one or more series (the "Bonds ") pursuant to the authority of the Act in such aggregate principal amount as may be necessary to finance all or a portion of the costs of the Development and make the proceeds of the Bonds available to the Developer, directly or indirectly, for the acquisition, construction and equipping of the Development, subject to agreement by the Developer to pay promptly the principal of and interest on the Bonds. 1.04. By a resolution adopted on October 7, 1985, entitled "Resolution Relating to the Issuance of Revenue t Bonds Pursuant to Chapter 462C, Minnesota Statutes, for the Purpose of.-Financing a Multifamily Housing Development; Giving Preliminary Approval to the Development and Calling for a Public Hearing Thereon" (the "Resolution "), this Council gave preliminary approval to the Development and the issuance of the Bonds by the City to finance all or a portion of the costs thereof. 1.05. A multifamily housing program has been prepared pursuant to the requirements of subdivision 5 of Section 462C.05 of the Act for the Development and the issuance of the Bonds (the "Program "), a copy of which is attached as Exhibit A hereto. A copy of the Program has been submitted to the Metropolitan Council for review and comment. 1.06. At a public hearing, duly noticed and held on November 4, 1985, in accordance with the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended, on the Program, any comments on the Program submitted by the Metropolitan Council were presented to the Council and all parties who appeared at the hearing were given an opportunity to express their views with respect to the Program and interested persons were given the opportunity to submit written comments to the City Clerk before the time of the hearing. Section 2. Approvals and Authorization. 2.01. The Program is hereby approved and the approvals contained in the Resolution are hereby ratified and confirmed. 2.02. In accordance with Section 462C.04 , subdivision 2 of the Act,. the Mayor and City Manager are hereby authorized and directed to cause the Program to be submitted to the Minnesota Housing Finance Agency for review. The Mayor, City Manager, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Minnesota Housing Finance Agency with any preliminary information needed for this purpose. The City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Development, the Bonds and the Program. Passed and adopted by the City Council of the City of Edina, Minnesota this 4th day of November, 1985. Attest: City Clerk -2- Mayor �i -19, EXHIBIT A City of Edina, Minnesota PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C 1. Grandview Development Company, a Minnesota Limited Partnership (the "Developer ") intends to acquire land in the City of Edina, Minnesota (the "City ") and construct and equip thereon a multifamily residential rental facility to be occupied primarily by elderly persons and in part by persons and families of low and moderate income. The site is located at 5212 Vernon Avenue in the City. The development will contain approximately 152 housing units, at least 20% of which will be rented to persons of "low and moderate income, under §103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the "Code "), and the Regulations thereunder. 2. Representatives of the Developer have requested that the City issue its housing revenue bonds under the Act in a maximum aggregate principal amount of approximately $13,840,000 to finance the acquisition of the site and the construction and equipping of the development and facilities functionally subordinate and related to the development. 3. The City's Housing Plan serves as a basis for the City's goal of providing a variety of housing stock through - out,the City, for persons residing in the City, including persons of low and moderate income. The development to be financed by the Program will assist the City in certain problems addressed in the Housing Plan, including (a) increasing available housing stock, (b) providing decent, sanitary and affordable housing for residents of the City, including persons of low and moderate income and their families. 4. The development will be a "multifamily housing development" within the meaning of Subd. 5 of §462C.02 of the Act, undertaken pursuant to Subd. 4 of §462C.05 of the Act. The income limitations set forth in Subd. 2 of §462C.05 of the Act will not apply to this development since it will be located within a redevelopment project area under Minnesota Statutes, Chapter 462. In addition, as discussed in paragraph 1 of this Program, at least 20% of the units will be rented or available for rental to persons of low and moderate income; that is, with incomes not greater than 80% of the median family income as estimated by the United States Department of Housing and Urban Development for the statistical area in which the City is located, currently $26,240. 5. To finance the development, the City intends to issue is housing revenue bonds pursuant to the Act, in a maximum aggregate principal amount of approximately $13,840,000 (the Bonds). The City will lend the proceeds of the Bonds to the Developer pursuant to a revenue agreement in which the Developer agrees to make loan repayments sufficient to repay the Bonds. The Bonds will be a special, limited obligation of the City, payable solely from revenues derived from payments to be made by the Developer under the revenue agreement and pledged to the payment of the Bonds. The Bonds may be secured by a mortgage and security interest in the development, or by some form of credit enhancement (which may include one or more letters of credit, insurance on the mortgage loan or the Bonds), or by a combination of such security devices. -2- z. C'. M E M 0 DATE: November 1, 1985 TO: Kenneth Rosland, City Manager FROM: Craig Larsen, City Planner SUBJECT: Reallocation of Community Development Block Grant (CDBG) Funds As you will recall the City Council on June 17, voted a preliminary commitment of $195,000 for the Woodhaven elderly housing development. City funding would be provided with CDBG funds. The project has now received a mortgage commitment from HUD, and a spring construction start is planned. It appears that the most efficient way to assist the project would be for the City to provide funds to the East Edina Foundation which will in turn provide funding for the project. This approach, which should significantly reduce required red -tape, has been approved by HUD and Hennepin County. It will be necessary to reprogram existing CDBG budgets to accomplish this assistance. In addition to assistance to the Woodhaven project, a reprogramming of funds will be necessary to assist the remodeling of the Golf Course and to provide an adequate level of funding for our rehab program. The funds for the golf course will provide handicapped access and handicapped equiped restrooms on the lower level. The increased budget for rehab will provide funds for pending applications. Funding for both projects would come from the Grandview Land Acquisi- tion project which was initially intended to provide funds for the redevelopment of the Biltmore Motel. Staff would suggest the following reprogramming of CDBG funds: PRESENT PROPOSED YEAR PROJECT BUDGET BUDGET X Land Acquisition 70,743 0 X Housing Sponsor 60,000 130,743 X Grandview 108,205 38,205 X Handicapped Improvements 10,000 50,000 XI REHAB 20,000 40,000 RESOLUTION BE IT RESOLVED that the Edina City Council.does hereby request the following re- allocation of funds in Years X and XI of the Community Development Block Grant Program: Year X Land Acquisition Special Project (East Edina Housing Foundation) Year XI Land Acquisition /Grandview Architectural Barriers Rehab of Private Properties ADOPTED this 4th day of November, 1985. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) Existing Budget Proposed Budget $ 70,743 $ -0- 60,000 130,743 108,205 48,205 10,000 50,000 20,000 40,000 $268,948 $268,948 CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 4, 1985, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 12th day of November, 1985. City Clerk CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENTS FOR UTILITY AND STREET PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on November 4, 1985, at 7:00 P.M., for the purpose of holding a public hearing on the proposed vacation of the following easements for utility and street purposes: The utility easement in Lots 1 and 2, Block 1, Dewey Hill Third Addition, as shown on and dedicated by the plat thereof, on file .and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. The utility easement in Outlot C, Dewey Hill Third Addition, as shown on and dedicated by the plat thereof, on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. All that part of the public street known as "Glasgow Drive" dedicated in the plat of Dewey Hill Third Addition, according to the plat thereof, on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacations are in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed vacations affect - existing easements within the area of the proposed vacations and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone 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, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk x� p/ 85°76 '35"E ea•.: .:.,e 39/.50 /3079 U 3 0 BENCHMARK- DOU& E SPIKE ON NORTH SIDE OF /O" GLASGOW oanor DRIVE MAPLE TREE; ELEV• 83400 FEET- g 4 \ \ (K6V0 1 N89050.9 'E �'t N89s0'34£ Z % $� 187. S7 /3O 43 65.00 O U T' L O/ omit /ot c 0. • 883-48100"r _ • b NW S0147 2 , 304.4/ - - 18753/ a 73: 153.91 ~ W y, R Ccntro/ Structare 1 I r1 h ° ♦`k ^- oidinory high weteii I I t< u y E/ew- 8Z9.5 feet ^ I I g _ � � —� � / *. h I easement I oUrcor -� op� I 3t !t w.,, 1 ~ h I O 1 ut.Lt lasemPnt' I - ., ` ^ cerkv /n[ or r � � Pssernent -� I I I . <. POND so 1 •� � r � 30526 A. v IN PONDELEV.° 825.3 FEET / J_ I r - -- I �` I—p I ORTE 11 -3-80 'S N.6.V.D. 1929 �; --- hI `- ttntir /ne of teremtnt � N x� ' ' p 1 Q , •'� ♦•Ij �- �; p L;, j i i�qe of_ =seer 09'54" d • 3 80 " J ) 303.63 i t -- d c l Jr'09 — 320.16 - 176.84 /0.00 138Z� " �. d.7 °16'3/ a 507 °28'I / E R' R =1392.70 Sia Car S I " I 1 o DENOTES IRON MONUMENT AS DESCRIBED 8ELONx UNLESS t _ OTNER/s'ISE INDICATED. i l NOTE 3 QERTY SCAL £ - } /N FEET a- R.Lrs: - - -e^ /00 0 /00 200 !? (110 7095 Qm 3^ ,) O 30 60 tiOT p15�J ''�• •• ^� ^^ 74' 1 oNr ipoN Yl1N ww, °Nn _ REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Bob Kojetin, Director, Edina Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $5,000 DATE: November 4, 1985 Material Description (General Specifications): Aluminum Windows and Doors - Braemar Golf Course Clubhouse Quotations /Bids: Company 1. Ford McNutt Glass Company 2. Brin Northwestern Glass Company- -4 Amount of Ouote or Bid $ 45,250 52,400 �. Val Pro* Inc. 51,168 4. W. L. Hall - Did not bid on all items 41,697 Department Recommendation: Ford McNutt Glass Company Departmen Finance Director's Endorsemer,,,. The recommended bid is not within the amount budget for the purchase. J. N; Dalen, Finance Director City Maaer's Endorsement: 1. I concur with the recommendation of the Department and recommend Co cil approve the purchase. 2. I recommend as an alternative: I nnoth Ros l and, Cilty nager REQUEST FOR PURCHASE TO: Mayor and City Council FROM: 'Bob Kojetin, Director, Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEI IN EXCESS OF $5,000 DATE: November 4, 1985 Material Description (General Specifications): Sprinkler 'System - Braemar Clubhouse Braemar Golf Course Quotations /Bids: Company 1. National Automatic Sprinkler Co. 2. Viking Automatic Sprinkler Co. 1. All American Mechanical Inc. Department Recommendation: National Automatic SF Finance Director's Endorsen:���,,. The recommended b%(:i;_ Amount of Quote or Bid $ 33,000 $ 37,870 $ 37,000 is not within the amount budget for the purchase. ) W J. N, Dalen, Finance Director City M ger's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: J -A REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Bob Kojetin, Director, Edina Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEPI IN EXCESS OF $5,000 DATE: November 4, 1985 Material Description (General Specifications): Roofing, Flashing, Sheet Metal and Sky Lights - Braemar Golf Course Clubhouse Quotations /Bids: Company Amount of Ouote or Bid �. Curran V. Neilson $ 40,800 2 Dalbec Roofing 1, Faircon Roofing, Inc. Department Recommendation: Curran V. Neilson Finance Director's Endorsement The recommended bi is $ 42,232 $ 45,315 is not within the amount budget for the purchase. J. N. Dalen, Finance Director Ci7-71. ager's Endorsement: I concur with the recommendation of the De the purchase. Partrrent and recommend Council approve 2. I recommend as an alternative: Kennetro Rosland, City Manager 1 «QUtSi tc)k t'URG"1 E1SE TO: Mayor and City Council FROM: Francis J.-Hoffman, Director of Public Works AA: Kenneth Rosland, City flanaver SUBJECT: REQUEST FOR PURCHASE OF ITEPI IN EXCESS OF $5,000 DATE: November 1, 1985 Material Description (General Specifications): Computerized Engine Analyzer Quotations /Bids: Company I. Sun Electric 2• Bear Automotive Allen Test Products L�' C Amount of Ouote or Bid $ 14,950.00 .14,999.00 17,119.20 Department Recommendation j�0.4 e%r rfdVe y /Pf ,- ��o•+a�eM 1:�.;, OM G Signa re Department Finance Director's Endorsement: The recommended bid is is not within the amount budget for the purchase. J. N. Dalen, Finance Director City Manager's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve _ the purchase. 2. I recommend as an alternative: Kenneth Rosland, City Manager Eberhardt 3250 West 66th Street P.O. Box 1385 Minneapolis, Minnesota 55440 612/920 -9280 C M E M O R A N D U M TO: Mayor Courtney & Council Members FROM: Ken Rosland, City Manager SUBJECT: EDINA CENTENNIAL - 1988 DATE: October 31, 1985 You may recall, during budget hearings, I mentioned to you that the City's Centennial Celebration is coming up very quickly. At that time, I noted that it was important to think of budgetary considerations for the Centennial Celebration. I also mentioned that it was important to consider who would spearhead the organization of the City's celebration activities. You may want to look at designating a currently standing organization such as the Edina Historical Society, The Foundation, the Chamber of Commerce, etc.; as the steering committee. _There are a number of options available to choose from. My suggestion is that you look toward what will provide the broadest base of participation of residents and organizations within the community. That might best be achieved through your appointment of a committee similar to the Bicentennial Commission that we had a number of years ago. I wanted to bring this to your attention in order that you may provide direction in this endeavor. KR /sw 4/18/83 265 had not responded to the resolution adopted by Council on December 20, 1982, requesting that the speed limit be reduced from 40.MPH to 30 MPH from View Lane to Villa Way, and that the community affected should have a voice as to speed limits in a residential area. No action was taken. HEARING DATE SET FOR PUBLIC IMPROVEMENT. As recommended by Mr. Hoffman, Member Schmidt offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. P -BA -260 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, May 16, 1983, at 7:00 p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. 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 of which publication is 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: U (Official Publication) M CITY OF EDINA W 4801 W. 50TH STREET Q EDINA, MINNESOTA 55424 NOTICE-OF PUBLIC HEARING PERMANENT STREET SURFACING WITH CONCRETE CURB.AND.GUTTER IMPROVEMENT NO. P -BA -260 THE EDINA CITY COUNCIL will meet at the Edina City Hall,.on Monday, May 16, 1983, at 7:00 P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approxi- mate cost of said improvements are estimated by the City as set forth below: ESTIMATED COST 1. Golf Terrace - From Wooddale. Avenue, Westerly 2100 $128,356.21 Feet Plus or Minus The area proposed to be assessed for the cost of improvement BA -260 include: Lots 1 thru 6, Block 1; Lots 1 thru 6, Block 2; Lots 1 thru 7, Block 3; Lots 1 thru 9, Block 2 and vacated streets, Lots 1 thru 4, Block 3, and.Lots 2 and 3, Block 4, Golf Terrace Heights Addition. Florence B. Norback City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. THE EDINA FOUNDATION /HISTORICAL SOCIETY TO SPEARHEAD CITY CENTENNIAL CELEBRATION IN 1988. Mr. Rosland presented the request of The Edina Foundation Board of Directors that Council approve and direct The Edina Foundation Board to spear- head a 1988 Centennial Celebration for the City of Edina. Member Bredesen asked what role the Edina Historical Society would play in the planning to which Mr. Rosland responded that the Historical Society would be involved but that the Foundation would have the ability to provide funding if needed. Member Bredesen's motion was seconded by Member Turner directing The Edina Foundation Board together with the Edina Historical Society to spearhead a Centennial Celebration for the City in 1988. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. FORMATION OF SENIOR CITIZEN AD HOC COMMITTEE TABLED. Mr. Rosland presented the request of the Edina Human Relations Commission for Council sanction of the formation of a Senior Citizen Ad Hoc Committee, as a sub - committee of the Commission, with the purpose of assessing the needs of senior citizens in Edina. Katherine Sehlin has offered to assemble the committee drawing on interested citizens from the community. Mr. Rosland stated that if the committee were authorized, he would like it to not only assess the needs of the seniors, but to also determine what the seniors could provide for this community. Member MEMORANDUM TO: Kenneth E. Rosland DATE: November 1, 1985 FROM: Craig G. Swanson SUBJECT: On -Sale Wine License The on -sale wine license application of the below - listed establishment has been investigated in accordance with applicable Statutes and ordinances: Szechuan Star Restaurant 3655 Hazel ton Rd. Edina, MN 55435 The findings of this investigati.on does not reveal information that is contrary to the public interest for the purpose of licensing. Therefore, I recommend the Council move to approve the application and issuance of an on -sale wine license.for the listed establishment conditioned upon approval by the State of Minnesota. And, instruct the City Clerk to forward the required documents to the State of Minnesota for their approval. CRAIG VF SWANSON CHIEF POLICE CGS:nah M E M O R A N D U M DATE: October 25, 1985 TO: Kenneth Rosland, City Manager FROM: Colleen Paulus SUBJECT: Approval of wine application The Szechuan Star restaurant located at 3655 Hazelton Road, Edina, Minnesota has been approved for the service wine. The establish- ment was evaluated for adequate storage space for wine, glassware storage and the method of dispensing. BUREAU OF CRIMINAL APPREHENSION '- 1246 UNIVERSITY AVENUE S� ST. PAUL. MINNESOTA 55104 -4197 /J � TELEPHONE: 296.2662 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY -A Some time ago your department requested that*our Laboratory provide you with preliminary breath test (PBT) instruments. I am happy to send you the documents necessary to fulfill this request. You will find a sample resolution which must be passed by your governing body, a copy of the agreement for the loan of PBTIs and instructions on completing these documents. When the resolution is passed, the officials authorized by it can complete the agreement. This together with a certified copy of the resolution passed by your governing body must be returned to the Forensic Science Laboratory. Once we receive the agreement and resolution we will be able to schedule one or more officers from you department for the necessary training and at that time we will issue instruments to you. You will note that on page three of the agreement we have indicated the number of instruments this agreement is permitted to cover. The number of'instruments we actually issue may be smaller than this figure depending on how many we have available. At the time we schedule the training we will inform you of the precise number of instruments that will be issued. When complete, please return all documents to the BCA Forensic Science Laboratory, Breath Test Section. If you have any questions contact Bob Mooney, or Eldon Ukestad at 612- 296 -7940. Sincerely yours, well �,;, c. Lo C. Van Berkom Director Forensic Science Laboratory Encl. LCV:dse AN EQUAL OPPORTUNITY EMPLOYER Sample PBT RESOLUTION BE IT RESOLVED that the City of an .agreement with the State of Minns purpose of receiving from the State preliminary breath test instruments officers to assist in the detection Minnesota Statutes Section 169.121, therewith. enter into :sota, Department of Public Safety for the of Minnesota, Department of Public Safety, on a loan basis for use by law enforcement of motorists who may be in violation of or local ordinances in conformity BE IT FURTHER RESOLVED that the and be and they hereby are authorized to execute such agreement. State of Minnesota City of I hereby certify that the forgoing Resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of at a duly authorized meeting thereof held on the day of 19 , as shown by the minutes of said meeting in my possession. City Clerk PBT RESOLUTION BE IT RESOLVED that the City of Edina, Minnesota, enter into an agreement with the state of Minnesota, Department of Public Safety for the purpose of receiving from the State of Minnesota, Department of Public Safety, preliminary breath test instruments on a loan basis for use by law enforcement officers to assist in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or local ordinances in conformity therewith. BE IT FURTHER RESOLVED that the Mayor and Manager be and they hereby are authorized to execute such agreement. ADOPTED this 4th day of November, 1985. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I hereby certify that the forgoing Resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Edina, Minnesota, at a duly authorized meeting thereof held on the 4th day of November, 1985, as shown by the minutes of said meeting in my possession. City Clerk it -y -4i V Edina City Clerk 4801 W. 50th Street Edina, MN 55424 Council Members: I would like to petition the Edina City Council to take bids and install my sanitary sewer connection. I understand that the bid will be awarded to a licensed plumber who submits the lowest qualified bid. I also understand that the cost of this connection, including the sewer availability charge, will be assessed against my property for six years at 7E$ interest. Enclosed is a signed an notarized waiver document. Sincerely, Name / Date Address Enc. DV /lde REQUEST FOR PURCHASE I� TO: Mayor and City Council ROM: David A. Velde VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $5,000 DATE: November 4, 1985 Material Description (General Specifications): Sanitary sewer connection for 6528 Maloney. The cost of the connection plus SAC fee to be assessed against the property. Quotations /Bids: . Company Amount of Quote or Bid 1. Ray Haeg Plumbing $5595.00 2. Richfield Plumbing Hopkins Plumbing Department Recommendation: $5000.00 $5100.00 Hopkins Plumbing at $5100.00 as per homeowners request: All bids are plus road repair costs Si- gnature Depa tment Finance Director's Endorsement: The recommended bid is V is not within amount budget for the purchase. N. Dal n, Finance Director City M, nager's Endorsement: V 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth Rosl 'nd, City Manager RESOLUTION RELATING TO THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN: AMENDING THE 1985 PROJECT AREA BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows: 1. Recitals. This Council and the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA ") have previously approved a redevelopment plan and redevelopment project, under Minnesota Statutes, Section 462.411, et. seq., and a tax increment financing plan, as defined in Minnesota Statutes, Section 273.73, subdivision 9, designating as the Southeast Edina Redevelopment Plan (the "Plan "). The Plan established a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9 (the "District "). This Council and the HRA have approved amendments to the Plan designated as the 1985 Amendment to the Southeast Edina Redevelopment Plan (the "1985 Amendment "). The HRA has informed this Council that a parcel of land was inadvertently omitted from the 1985 Project Area, as defined in the 1985 Amendment. The legal description of such omitted parcel is Lot 1, Block 1, Northwestern Financial Center (the "Land "). The HRA has approved the inclusion of the Land in the 1985 Project Area. The HRA has requested that this Council approve the inclusion of the Land in the 1985 Project Area. The Land was not intended and will not be included in the District. 2. Approval. The inclusion of the Land in the 1985 Project Area is hereby approved; provided that the Land is not to be included in the District. ADOPTED this 4th day of November, 1985. C. Wayne Courtney, Mayor ATTEST: Marcella M. Daehn, City Clerk