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HomeMy WebLinkAbout2002-04-16 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 16,2002 7:00 P.M. ROLLCALL Answering rollcall were Members Hovland, Kelly, Masica and Mayor Maetzold. Member Housh was absent. CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by Member Masica approving the Council Consent Agenda as presented. Rollcall: Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. RESOLUTION OF APPRECIATION NO. 2002-39 APPROVED FOR ADULT SOFTBALL UMPIRE-IN-CHIEF Mayor Maetzold expressed appreciation on behalf of the City of Edina and the Park and Recreation Department, to Wally Kiffineyer for over 30 years of service as the Adult Softball Umpire-in-Chief. Member Hovland made a motion introducing the following resolution and moved its adoption: RESOLUTION 2002-39 RESOLUTION OF APPRECIATION WHEREAS, Wally Kiffineyer has served as the Adult Softball Umpire-In-Chief with the City of Edina for over 30 years, and WHEREAS, he has consistently demonstrated his commitment to excellence with the Edina Adult Softball Program through his recruitment, training and scheduling of umpires who have officiated over 20,000 games under Wally's direction and WHEREAS, he has always exemplified and demanded the highest professional standards, ethical values, and dedication in his professional umpires, and WHEREAS, he will be retiring from the position of Umpire-In-Chief, NOW, THEREFORE, BE IT RESOLVED, the City of Edina and the Park and Recreation department appreciates his dedicated service and thanks Wally Kiffineyer for his help in making the City of Edina an outstanding community for adult Softball. Dated this 16th day of April 2002. Member Masica seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. ARBOR DAY PROCLAIMED Mayor Maetzold proclaimed April 26, 2002, as Arbor Day in the City of Edina and called upon the spirited and foresighted citizens of Edina to plant trees now for our pleasure and for that of future generations. Page 1 Minutes/Edina City Council/April 16,2002 Member Masica made a motion approving the proclamation setting April 26, 2002, as Arbor Day in the City of Edina. Member Hovland seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. EARTH DAY PROCLAIMED Mayor Maetzold proclaimed April 22, 2002, Earth Day in the City of Edina and urged all citizens to recognize our commitment to protect our home: Earth. Member Hovland made a motion approving the proclamation setting April 22, 2002, as Earth Day in the City of Edina. Member Masica seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. BLUE PENCIL AWARD NOTED Mayor Maetzold explained that Jennifer Wilkinson, the City's Communications Director has just returned from Washington D.C. where she received, on behalf of the City of Edina, a Co-First Place Blue Pencil Award from the National Association of Government Communicators. The DuPage Conservationist, published by the Forest Preserve District of DuPage County, IL, tied with About Town for first place in the "newsletter' category of the awards competition. The Council congratulated Ms. Wilkinson and expressed their pleasure in receiving the award. *MINUTES OF THE REGULAR MEETING OF APRIL 2, 2002 AND SPECIAL MEETING OF APRIL 8 2002 APPROVED Motion made by Member Hovland and seconded by Member Masica approving the Minutes of the Regular Meeting of the Edina City Council for April 2,2002, and Special Meeting of April 8,2002. Motion carried on rollcall vote -five ayes. PRELIMINARY PLAT FOR DEAN CARLSON/HOMES BY MICHELLE (7204 SHANNON DRIVE AND 5905 LEE VALLEY ROAD) REFERRED BACK TO PLANNING COMMISSION Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen explained the proponent, Dean Carlson and Homes by Michelle applied for a five-lot subdivision west of Shannon Drive and south of Lee Valley Road at 7204 Shannon Drive and 5905 Lee Valley Road. Mr. Larsen said the property currently was developed as two single dwelling lots containing an area of 139,000 square feet, or 3.19 acres. The subdivision would yield five lots that would be served by a new public street. The homes existing on the current lots would be removed. Lots in the proposed subdivision range in size from 22,31 to 27,438 square feet in area. Mr. Larsen said that the proposal met or exceeded ordinance requirements for lot width, lot depth and lot area. He said that there were some issues that still needed to be addressed such as the street, grading and trees. Mr. Larsen reported the Planning Commission recommended denial of the subdivision on a six to one vote. Concern was expressed over density, retaining walls, character of the neighborhood, neck lot, and environmental concerns. After the Planning Commissions denial, the proponent revised the plan slightly. There were no Page 2 Minutes/Edina City Council/April 16,2002 changes to the shape of the lots, but the grading plan was revised, as were the proposed retaining walls. Mr. Larsen suggested the proponent speak before any public comment was taken. Member Masica asked which lots of the subdivision were proposed as walkout lots. Mr. Larsen said that Lots 1, 2, 3 and 5 were proposed as walkout lots. Mayor Maetzold said he noted several homeowners' comments and correspondence received with reference to disturbance of steep slopes and erosion that could possibly result. Mr. Larsen stated that Edina's subdivision ordinance regulates subdivisions that would contain slopes exceeding 18 percent. Mr. Larsen suggested the Council discuss the steep slope issue with the proponent's representative. Member Hovland expressed his concern regarding potential drainage of storm water run-off on the site. Mr. Larsen explained that the City Engineer had looked at the proposed grading plan, but not given it approval. In addition, after the Council grants preliminary approval, the developer must get a watershed district permit. Mayor Maetzold asked if Lot 2 would still meet code requirements after the driveway was deducted from the lot area. Mr. Larsen explained that Edina Code would not require the driveway to be deducted from Lot 2's area. Proponent Presentation Mike Gair, Land Use Planner with MFRA, representing Dean Carlson and Homes by Michelle, introduced himself, Brian Johnson and Eric Miller, civil engineers, and Leah Nicolas landscape designer who have all worked on the proposed subdivision. Mr. Gair explained he had been involved in several developments in Edina. He added the proponents do not want to be turned down for this development and that they want to work with the City to ensure a development that would be beneficial to everyone. Mr. Gair reviewed the proposed subdivision in detail using a combination of air photos and the original and revised plans. He spoke to the concerns expressed over the grading, retaining walls, water drainage, the driveway cross easement, lot sizes, proposed home placement, landscaping and street design. Member Hovland asked what type of materials were proposed to construct the retaining walls and also how the proposed subdivision would affect drainage. Mr. Gair answered that initially the thought was to use boulders or masonry, but keystones could also be considered for the retaining walls. He went on to explain using his graphics how the existing storm water drained from the site and how it would drain after development indicating his belief that overall drainage would be reduced. Mayor Maetzold asked what percentage of the site would be disturbed by the development. Mr. Gair replied that approximately 38% of the site would be disturbed. Page 3 Minutes/Edina City Council/April 16,2002 Member Hovland noted the proposal was denied six to one at the Planning Commission. He asked what the developer had done in the interim to revise the plan. Mr. Gair said that the landscaping, drainage and density were reviewed. He added that there were revisions to the retaining walls, the drainage grading plans and the placement of the proposed building pad, however, the developer felt the density met all of Edina's requirements and would be acceptable for the site. Member Masica commented that when decisions were made on a subdivision, the Council also needed to consider the impact on the character and symmetry of the neighborhood. Public Comment Mayor Maetzold noted that correspondence had been received on April 16, 2002, from Hoyt Hsaio, 7109 Tralee Drive, urging the Council to uphold the Planning Commissions decision. Residents at 7209 Shannon Drive, Todd A. and Cynthia Awes, wrote on April 9, 2002,voicing concern with the proposed subdivision. He asked residents in attendance to allow those who were in favor of the subdivision to speak first. Jim Seveland, 5905 Lee Valley Road, stated that the access off Lot 5 onto Lee Valley would be greatly improved. He said he had the property for sale before and the driveway has been an issue. Leigh Blauer, 7204 Shannon Drive, stated she was moving because of the driveway and the size of the home. Ms. Blauer said the trees on the property need thinning out. She said she has had the property for sale before and felt that her driveway was a deterrent to selling the property. Darrell Boyd, 6816 Cheyenne Circle, stated he had resided at 7204 Shannon for thirty-five years. He thought the subdivision was a creative solution to a problem. However, Mr. Boyd noted developers always want to maximize density and suggested that four lots would probably make a better subdivision. Member Kelly stated that after listening to Mr. Gair and the neighbors he had concerns about the subdivision. He suggested that the six to one denial by the Planning Commission was an indication that the subdivision should be reworked and returned to the Planning Commission. Member Masica expressed concern with approving five lots; she also supported re- submission to the Planning Commission after revision. Member Hovland stated he like the concept, but felt the density was too high. Member Hovland concurred that the proposal should be revised then resubmitted to the Planning Commission. Page 4 Minutes/Edina City Council/April 16,2002 Mayor Maetzold concurred with the other members of the Council. He asked the developer if he were open to resubmitting the proposal to the Planning Commission. Dean Carlson stated he was open to redirecting the proposal to the Planning Commission. Carol Tappen, 7306 Claredon Drive, expressed concern relative to the developer's credibility. Karol Emmerich, 7302 Claredon, Drive suggested that the City's definition of neighborhood be reviewed and amended since it has the ability to greatly affect proposed subdivisions. Member Kelly concurred with Ms. Emmerich stating this was not the first time the definition of neighborhood has been problematic in reviewing a subdivision. Member Hovland made a motion to close the public hearing, seconded by Member Masica. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. Member Kelly made a motion directing the developer to take comments into consideration and return to the Planning Commission for a re-examination of the proposal. Member Hovland seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. *BID AWARDED FOR CLEANING, REPAIRING AND PAINTING 500,000 GALLON SOUTHDALE WATER TOWER Motion made by Member Hovland and seconded by Member Masica for award of bid for cleaning, repairing and painting of the Southdale water tower to recommended low bidder, TMI at$348,700.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR FIRE SPRINKLER AND ALARM SYSTEM - BRAEMAR ARENA Motion made by Member Hovland and seconded by Member Masica for award of bid for a fire sprinkler and alarm system at Braemar Arena to sole bidder, Service Fire Protection, Inc., at$77,430.00. Motion carried on rollcall vote - four ayes. *RESOLUTION 2002-41 ADOPTED SETTING HEARING DATE OF MAY 21, 2002, FOR VACATION OF UTILITY EASEMENTS FOR LOTS 1 AND 2, BLOCK 2 - SOUTHDALE OFFICE PARK SECOND ADDITION Motion made by Member Hovland and seconded by Member Masica introducing the resolution as follows: RESOLUTION NO. 2002-41 CALLING FOR PUBLIC HEARING ON VACATION OF UTILITY EASTMENTS FOR LOTS 1 AND 2, BLOCK 2 SOUTHDALE OFFICE PARK SECOND ADDITION BE IT RESOLVED by the City Council of the City of Edina as follows: Page 5 I Minutes/Edina City Council/April 16, 2002 1. It is hereby found and determined that the following described property should be considered for vacation in accordance with the provisions of Minnesota Statutes, Section 160.29 and 462.348, Subd. 7: 2. This Council shall meet at 7:00 P.M. on the 21St day of May 2002, for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The City Clerk is authorized and directed to cause notice of said hearing to be published once a week for two weeks in the Edina Sun-Current,the official newspaper of the City, to post such notice, in at least three public and conspicuous places, as provided in Minnesota Statutes. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA,MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UITILITY EASEMENTS IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on May 21, 2002, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following described utility easements: UTILITY EASEMENTS TO BE VACATED 1. That part of the easement for utilities filed as Document No. 453941 which lies within Lots 1 and 2,Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 2. That part of the easement for utilities filed as Document No. 514203 which lies within Lots 1 and 2,Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 3. That part of the easement for sanitary sewer filed as Document No. 586307 which lies within Lot 2,Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 4. That part of the easement for sanitary sewer filed as Document No. 641867 which lies within Lot 2,Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. All persons who desire to be heard with respect to the question of whether or not the above proposed street right of way and utility and drainage vacation is 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 street vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to 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 such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. Passed and adopted this 16th day of April 2002. Motion carried on a rollcall vote -four ayes. Page 6 Minutes/Edina City Council/April 16,2002 *RESOLUTION NO. 2002-40 RE-ESTABLISHING PRECINCT BOUNDARIES AND POLLING PLACES Motion made by Member Hovland and seconded by Member Masica introducing the following resolution: RESOLUTION 2002-40 APPROVING ELECTION BOUNDARIES AND POLLING LOCATION WHEREAS, pursuant to Minnesota Statute 204B.14 the governing body of each municipality shall establish the boundaries of the election precincts in the municipality; WHEREAS, precinct boundaries must be reestablished within 60 days of the time when the legislature has been redistricted or at least 19 weeks before the state primary in a year ending in two,whichever comes first; BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby establishes boundaries for each precinct as illustrated on the map presented at the regular meeting of April 16, 2002, and defined as follows: Precinct No. 1A - Commencing at the intersection of the northern and westerly boundaries of the City of Edina; then southerly along the western boundary of the City of Edina to the southwest corner of Section 30, Township 117, Range 21; then easterly along the south line of Section 30, Township 117, Range 21 to Parkwood Road; then northerly, easterly and southerly along the centerline of Parkwood Road to the south line of Section 30, Township 117, Range 21; then easterly along the south line of Section 30, Township 117, Range 21 to Blake Road; then northerly, northwesterly and northerly along the centerline of Blake Road to the northern boundary of the City of Edina; then westerly along the northern boundary of the City of Edina to point of beginning. Precinct No. 1B - Commencing at the northwest corner of Section 31, Township 117, Range 21; then southerly along the western boundary of the City of Edina to State Highway 62; then easterly along the centerline of State Highway 62 to Gleason Road; then northerly along the centerline of Gleason Road to Vernon Avenue; then northeasterly along the centerline of Vernon Avenue to Blake Road; then northerly along the centerline of Blake Road to the northeast corner of Section 31, Township 117, Range 21;then westerly along the north line of said Section 31, Township 117, Range 21 to Parkwood Road; then northwesterly, westerly and southerly along the centerline of Parkwood Road to the north line of Section 31, Township 117, Range 21; then westerly along the north line of Section 31,Township 117, Range 21 to point of beginning. Precinct No. 2 - Commencing at the intersection of the northern boundary of the City of Edina and the north-south NSP power line (northwest corner of Section 28, Township 117, Range 21); then southerly along the centerline of the north-south NSP power line to Vernon Avenue (County Road 158); then northeasterly along the centerline of Vernon Avenue to Eden Avenue; then northeasterly along the centerline of Eden Avenue to State Highway 100, then northerly along the centerline of State Highway 100 to the northern boundary of the City of Edina; then westerly along the northern boundary of the City of Edina to point of beginning. Precinct No. 3 - Commencing at the intersection of West 50th Street and Arden Avenue; then northerly along the centerline of Arden Avenue to Sunnyside Road; then westerly along the centerline of Sunnyside Road to Wooddale Avenue; then northerly along the centerline of Wooddale Avenue to the northern boundary of the City of Edina; then southwesterly and westerly along the northern boundary of the City of Edina to State Page 7 Minutes/Edina City Council/April 16,2002 Highway 100,then southerly along the centerline of State Highway 100 to the south line of the Edina Country Club (the south line of Section 18, Township 28, Range 24); then easterly along the south line of the Edina Country Club to West 54th Street; then easterly along the centerline of West 54th Street to France Avenue; then northerly along the centerline of France Avenue to West 52nd Street; then westerly along the centerline of West 52nd Street and its extension to Minnehaha Creek; then northerly along the centerline of Minnehaha Creek to Wooddale Lane extended easterly; then westerly along the centerline of Wooddale Lane to Wooddale Avenue; then northerly along the centerline of Wooddale Avenue to West 50th Street; then easterly along the centerline of West 50th Street to point of beginning. Precinct No. 4 - Commencing at the intersection of France Avenue (County Road 17) and West 40th Street, then westerly along the northern boundary of the City of Edina to the western boundary of the City of Edina at Natchez Avenue; then southerly, westerly, southerly and westerly along the western boundary of the City of Edina to Wooddale Avenue;then southerly along the centerline of Wooddale Avenue to Sunnyside Road;then easterly along the centerline of Sunnyside Road to Arden Avenue; then southerly along the centerline of Arden Avenue to West 50th Street; then westerly along the centerline of West 50th Street to Wooddale Avenue; then southerly along the centerline of Wooddale Avenue to Wooddale Lane, then easterly along the centerline of Wooddale Lane and its extension to Minnehaha Creek; then southerly, along the centerline of Minnehaha Creek to West 52nd Street extended westerly; then easterly along the centerline of West 52nd Street to France Avenue; then northerly along the centerline of France Avenue to point of beginning. Precinct No. 5 - Commencing at the intersection of Blake Road and the northern boundary of the City of Edina, then southerly, southeasterly and southerly along the centerline of Blake Road to Vernon Avenue (County Road 158); then northeasterly along the centerline of Vernon Avenue to the north-south NSP power line (west line of Section 33, Township 117, Range 21); then northerly along the centerline of the north-south NSP power line to the northern boundary of the City of Edina,then westerly along the northern boundary of the City of Edina to point of beginning. Precinct No. 6 - Commencing at the intersection Vernon Avenue (County Road 158) and Gleason Road, then southerly along the centerline of Gleason Road to State Highway 62; then easterly along the centerline of State Highway 62 to the Minneapolis, Northfield and Southern Railroad;then northerly along the centerline of the Minneapolis, Northfield and Southern Railroad to Hansen Road; then northerly along the centerline of Hansen Road to Vernon Avenue; then southwesterly along the centerline of Vernon Avenue to point of beginning. Precinct No. 7 - Commencing at the intersection of Vernon Avenue (County Road 158) and Hansen Road; then southerly along the centerline of Hansen Road to the Minneapolis, Northfield and Southern Railroad, then southerly along the centerline of the Minneapolis, Northfield and Southern Railroad to State Highway 62, then easterly along the centerline of State Highway 62 to State Highway 100; then northerly along the centerline of State Highway 100 to Eden Avenue; then southwesterly along the centerline of Eden Avenue to Vernon Avenue; then southwesterly along the centerline of Vernon Avenue to point of beginning. Page 8 Minutes/Edina City Council/April 16, 2002 Precinct No. 8 - Commencing at the intersection of France Avenue (County Road 17) and West 54th Street; then westerly along the centerline of West 54th Street and its extension to State Highway 100 (the south line of the Edina Country Club); then southerly along the centerline of State Highway 100 to the western extension of Southview Lane; then easterly along the centerline of Southview Lane to Concord Avenue; then southerly along the centerline of Concord Avenue to West 59th Street; then easterly along the centerline of West 59th Street to Brookview Avenue; then northerly along the centerline of Brookview Avenue to West 58th Street; then easterly along the centerline of West 58th Street to France Avenue; then northerly along the centerline of France Avenue to point of beginning. Precinct No. 9 - Commencing at the intersection of France Avenue and West 58th Street; then southerly along the centerline of France Avenue to State Highway 62; then westerly and northwesterly along the centerline of State Highway 62 to State Highway 100; then northerly along the centerline of State Highway 100 to the western extension of Southview Lane; then easterly along the centerline of Southview Lane to Concord Avenue; then southerly along the centerline of Concord Avenue to West 59th Street; then easterly along the centerline of West 59th Street to Brookview Avenue; then northerly along the centerline of Brookview Avenue to West 58th Street; then easterly along the centerline of West 58th Street to point of beginning. Precinct No. 10 - Commencing at the intersection of the western boundary of the City of Edina and the State Highway 62; then southerly along the western boundary of the City of Edina to Valley View Road; then easterly along the centerline of Valley View Road to the frontage road east of State Highway 169; then southerly along the centerline of the frontage road east of State Highway 169 to Ikola Way; then easterly along the centerline of Ikola Way to Braemar Boulevard; then northerly along the centerline of Braemar Boulevard to Valley View Road; then northeasterly and easterly along the centerline of Valley View Road to Antrim Road; then southerly along the centerline of Antrim Road to West 70th Street; then easterly along the centerline of West 70th Street to Tracy Avenue; then northerly along the centerline of Tracy Avenue to West 66th Street; then westerly along the centerline of West 66th Street to Tracy Avenue; then northerly along the centerline of Tracy Avenue to State Highway 62; then westerly along the centerline of State Highway 62 to point of beginning. Precinct No. 11 - Commencing at the intersection of Tracy Avenue and State Highway 62; then southerly along the centerline of Tracy Avenue to West 66th Street; then easterly along the centerline of West 66th Street to Tracy Avenue; then southerly along the centerline of Tracy Avenue to West 70th Street; then easterly along the centerline of West 70th Street to State Highway 100; then northerly along the centerline of State Highway 100 to State Highway 62; then westerly along the centerline of State Highway 62 to point of beginning. Precinct No. 12 - Commencing at the intersection of State Highway 100 and West 70th Street; then southerly along the centerline of State Highway 100 to the westerly extension of Hibiscus Avenue; then easterly along the centerline of Hibiscus Avenue to West Shore Drive; then southerly along the centerline of West Shore Drive to Sedum Lane; then easterly along the centerline of Sedum Lane to Kellogg Avenue; then northerly along the centerline of Kellogg Avenue to Gilford Drive; then easterly along the centerline of Gilford Drive to Oaklawn Avenue; then northerly along the centerline of Oaklawn Page 9 Minutes/Edina City Council/Apri116,2002 Avenue to West 72nd Street, then easterly along the centerline of West 72nd Street to France Avenue (County Road 17); then northerly along the centerline of France Avenue to West 70th Street;then westerly along the centerline of West 70th Street to the point of beginning. Precinct No. 13 - Commencing at the intersection of France Avenue (County Road 17) and West 72nd Street, then southerly along the centerline of France Avenue to the southern boundary of the City of Edina; then westerly along the southern boundary of the City of Edina to State Highway 100; then northerly along the centerline of State Highway 100 to the western extension of Hibiscus Avenue; then easterly along the centerline of Hibiscus Avenue to West Shore Drive; then southerly along the centerline of West Shore Drive to Sedum Lane; then easterly along the centerline of Sedum Lane to Kellogg Avenue; then northerly along the centerline of Kellogg Avenue to Gilford Drive; then easterly along the centerline of Gilford Drive to Oaklawn Avenue; then northerly along the centerline of Oaklawn Avenue to West 72nd Street, then easterly along the centerline of West 72nd Street to point of beginning. Precinct No. 14 - Commencing at the intersection of West 54th Street and France Avenue (County Road 17); then southerly along the centerline of France Avenue to State Highway 62; then northeasterly and easterly along State Highway 62 to Xerxes Avenue; then northerly along the centerline of Xerxes Avenue to West 54th Street, then westerly along the centerline of West 54th Street to point of beginning. Precinct No. 15 - Commencing at the intersection of Valley View Road and the western boundary of the City of Edina, then easterly along the centerline of Valley View Road to the frontage road east of State Highway 169;then southerly along the centerline of the frontage road east of State Highway 169 to Ikola Way, then easterly along the centerline of Ikola Way to Braemar Boulevard, then northerly along the centerline of Braemar Boulevard to Valley View Road; then northeasterly and easterly along the centerline of Valley View Road to Antrim Road; then southerly along the centerline of Antrim Road to West 70th Street; then westerly along the centerline of West 70th Street to Dublin Road; then southerly along the centerline of Dublin Road to Kerry Road; then westerly along the centerline of Kerry Road to Down Road; then southerly along the centerline of Down Road to Lee Valley Road; then southeasterly along the centerline of Lee Valley Road to Shannon Drive; then southerly along the centerline of Shannon Drive to Dewey Hill Road,then easterly along the centerline of Dewey Hill Road to Cahill Road, then southerly along the centerline of Cahill Road to West 78th Street, then southeasterly along the centerline of West 78th Street to the southern boundary of the City of Edina; then westerly along the southern boundary of the City of Edina to the western boundary of the City of Edina, then northerly along the western boundary of the City of Edina to point of beginning. Precinct No. 16 - Commencing at the intersection of France Avenue and State Highway 62,then southerly along the centerline of France Avenue to West 70th Street;then westerly along the centerline of West 70th Street to State Highway 100, then northerly along the centerline of State Highway 100 to State Highway 62; then easterly along the centerline of State Highway 62 to point of beginning. Precinct No. 17 - Commencing at the intersection of France Ave (County Road 17) and West 72nd Street;then easterly along the extension of the centerline of West 72nd Street to the Eastern boundary of the City of Edina,then northerly along the eastern boundary of the City of Edina to State Highway 62;then westerly along the centerline of State Highway Page 10 Minutes/Edina City Council/April 16, 2002 62 to France Avenue; then southerly along the centerline of France Avenue to the point of beginning. Precinct No. 18 - Commencing at the intersection of France Avenue (County Road 17) and West 72nd Street; then easterly along the extension of the centerline of West 72nd Street to the eastern boundary of the City of Edina; then southerly along the eastern boundary of the City of Edina to the southern boundary of the City of Edina;then westerly along the southern boundary of the City of Edina to France Avenue; then northerly along the centerline of France Avenue to point of beginning Precinct No. 19 - Commencing at the intersection of State Highway 100 and West 70th Street; then southerly along the centerline of State Highway 100 to the southern boundary of the City of Edina; then westerly along the southern boundary of the City of Edina to West 78th Street; then northwesterly along the centerline of West 78th Street to Cahill Road; then northerly along the centerline of Cahill Road to Dewey Hill Road; then westerly along the centerline of Dewey Hill Road to Shannon Drive; then northerly along the centerline of Shannon Drive to Lee Valley Road; then northwesterly along the centerline of Lee Valley Road to Down Road; then northerly along the centerline of Down Road to Kerry Road;then easterly along the centerline of Kerry Road to Dublin Road;then northerly along the centerline of Dublin Road to West 70th Street; then easterly along the centerline of West 70th Street to point of beginning. BE IT FURTHER RESOLVED THAT THE City Council of the City of Edina hereby establishes the following polling locations: Precinct 1A Shepherd of Hills Church 500 Blake Road Precinct 1B Chapel Hills Church 6512 Vernon Avenue Precinct 2 Edina City Hall 4801 West 501h Street Precinct 3 Covenant Church of Edina 4201 West 50th Street Precinct 4 Weber Park Building 4115 Grimes Avenue Precinct 5 Highlands Elementary School 5505 Doncaster Way Precinct 6 Countryside Elementary School 5701 Benton Avenue Precinct 7 Normandale Lutheran Church 6100 Normandale Road Precinct 8 South View Middle School 4725 South View Lane Precinct 9 Concord Elementary School 5900 Concord Avenue Precinct 10 Creek Valley School 6401 Gleason Road Precinct 11 Creek Valley Baptist Church 6400 Tracy Avenue Precinct 12 Cornelia Elementary School 7000 Cornelia Drive Precinct 13 Centennial Lake Park Centrum 7499 France Avenue Precinct 14 St. Peters Lutheran Church 5421 France Avenue So. Precinct 15 Valley View Middle School 6750 Valley View Road Precinct 16 Christ Presbyterian Church 6901 Normandale Road Precinct 17 Southdale Hennepin Library 7001 York Avenue South Precinct 18 Edinborough Park Great Hall 7700 York Avenue South Precinct 19 Calvary Lutheran Church 6817 Antrim Road Passed and adopted this 16th day of April 2002. Motion carried on rollcall vote - four ayes. Page 11 Minutes/Edina City Council/April 16,2002 HUMAN RELATIONS COMMISSION CHARGED TO STUDY RESEARCH, PLANNING AND COORDINATION OF HUMAN SERVICES Mr. Hughes explained that as a result of the School District's intent to withdraw from HSSC, an Edina Resource Center Study Group was convened to examine available options to best provide services to the residents of Edina currently administered by FamiLink Edina. Results of the study will be presented to the School Board on April 22, 2002, and to the City Council on May 7, 2002. The study did not address a remedy to deal with the loss of RPC when ties are severed with HSSC. Member Masica made a motion directing the Human Relations Commission to study RPC to determine how to provide the research, planning and coordination of human services, due to the City's intent to withdraw from the Hennepin South Services Collaborative. Member Kelly seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. NEEDS ASSESSMENT SURVEY RECOMMENDATION FROM EDINA PARK BOARD Director Keprios explained at the February 2002, Park Board meeting, they unanimously passed a recommendation as follows: "The Park Board recommends to not go forward with a park improvement referendum at this point in time. We should continue funding through the Capital Improvement Plan, Developers Fund and other available sources. Further, we should work toward a community-wide needs-assessment survey to be implemented during the year 2004, at which time the park needs will be re-evaluated and a determination be made as to if a future park improvement referendum is necessary to meet those identified and validated needs." The Council approved a recommendation of the Park Board to continue funding park and recreation needs through the City's capital improvement plan, rather than attempt to seek funding through a referendum. Director Keprios noted that under the City's capital improvement plan, by the end of 2006, all but $3.2 million of the park improvement ear marked as referendum improvements on park property will have been completed. Tom White, Edina Park Board Chairperson reviewed with the Council the results found by the four-member subcommittee the Board formed after the 2001 Park and Recreational Facilities Referendum failed. The Park Board formed the subcommittee to discuss a strategy to meet the current and future park and recreational facility needs in the community. The subcommittee determined that the City should not offer another park improvement referendum until at least 2004 and after a community-wide needs assessment survey is completed. Following a brief discussion, Member Kelly made a motion approving the recommendation of the Edina Park Board, as follows: "The Park Board recommends to not go forward with a park improvement referendum at this point in time. We should continue funding through the Capital Improvement Plan, Developers Fund and other available sources. Further,we should work toward a community-wide needs-assessment survey Page 12 Minutes/Edina City Council/April 16,2002 to be implemented during the year 2004, at which time the park needs will be re-evaluated and a determination be made as to if a future park improvement referendum is necessary to meet those identified and validated needs." Member Masica seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. EDINA LOCAL TRAFFIC TASK FORCE APPOINTED Mayor Maetzold explained the effects of the shrinking capacity of our regional roadway systems are felt on local roadways and adversely affect the objective of "maintaining strong res i de ntial neighborhoods", as stated in the City's Vision 20120. Traffic issues have been studied in neighborhoods but a City- wide approach has never been pursued. Meetings will be held monthly for the first six months, then on an as needed basis. Mayor Maetzold indicated sixteen applications had been received from Edina residents interested in serving on the Edina Local Traffic Task Force. He recommended appointing the following individuals: Bernie Beaver, Bill Crawford, Eileen Supple, Jay Lindgren, Jim Welna, John Lonsbury, Marie Thorpe, Michael Fischer and Nels Nelson. Meetings will be held monthly for the first six months, then on an as needed basis. Mayor Maetzold made a motion appointing Bernie Beaver, Bill Crawford, Eileen Supple, Jay Lindgren, Jim Welna, John Lonsbury, Marie Thorpe, Michael Fischer and Nels Nelson to the Edina Local Traffic Task Force. Member Hovland seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. RESOLUTION 2002-38 AUTHORIZING BOND SALE FOR FRASER PROJECT Affidavits of Notice were presented, approved and ordered placed on file. Attorney Gilligan explained that Fraser was an entity that operated group home facilities in a number of communities. One method of financing multi-family housing is through city issued revenue bonds. The City of Blaine intends to issue the revenue bonds on behalf of Fraser. However, since proceeds from the sale may be used to improve some of Fraser's property within the City of Edina, the City of Edina must authorize the sale by the City of Blaine. There will be no impact on the City of Edina's bond rating or indebtedness. Mayor Maetzold called for public comment. No one appeared. Member Hovland made a motion to close the public hearing. Member Masica seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-38 Page 13 Minutes/Edina City Council/April 16,2002 RESOLUTION RELATING TO RESIDENTIAL GROUP HOME FACILITIES OWNED AND OPERATED BY FRASER, A MINNESOTA NONPROFIT CORPORATION, AND THE ISSUANCE OF REVENUE BONDS TO FINANCE THE COSTS THEREOF UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AND MINNESOTA STATUTES, SECTIONS 469.152-469.165, AS AMENDED, PURSUANT TO A JOINT POWERS AGREEMENT, GRANTING PRELIMINARY APPROVAL THERETO; ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; GRANTING APPROVAL FOR ENTERING INTO A JOINT POWERS AGREEMENT, AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota. 1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended, and Minnesota Statutes, Sections 469.152 - 469.165, as amended, (collectively, the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance multifamily housing developments and revenue producing enterprises located within the City. 1.03. Fraser, a Minnesota nonprofit corporation (the "Company") has proposed that the City, pursuant to the Act, authorize the City of Blaine, Minnesota (the "City of Blaine") to issue revenue bonds of the City of Blaine in the approximate aggregate principal amount not to exceed$4,000,000, in one or more series at one time or from time to time (the 'Bonds"), the proceeds of which will be loaned by the City of Blaine to the Company to be applied by the Company to: (i) refinance the costs to the Company of twenty-two residential group home facilities (collectively, the "Project") located in the City, the City of Blaine, and in the cities of Brooklyn Park, Eden Prairie, Edina, Golden Valley, Minnetonka, Plymouth and Richfield (collectively with the City and the City of Minneapolis, the "Participant Cities"), including the group home facilities located at 5617 Hansen Road, 5004 Edinbrook Lane, and 6708 Sioux Trail in the City, (ii) finance the costs of the rehabilitation of the residential group home facilities comprising the Project, (iii) refinance the costs of a development achievement center for children with autism and related disorders located at 3333 University Avenue S.E. in the City of Minneapolis (the "Minneapolis Facility"); and (iv) finance the costs of issuing the Bonds. 1.04. The City is required to adopt a housing program (the "Housing Program") pursuant to Section 462C.03, subdivision 1a, of the Act, prior to the issuance of revenue bonds. 1.05. Under Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), prior to the issuance of the Bonds, a public hearing, duly noticed, must be held by the City Council. Under Section 462C.04, subdivision 2, of the Act, the City must conduct a public hearing, duly noticed, with respect to the Housing Program and the portion of the Project located in the City. A public hearing was held on April 16,2002, after publication of notice on March 27, 2002, in the Sun-Current, a newspaper circulating Page 14 Minutes/Edina City Council/April 16, 2002 generally in the City, with respect to: (i) the required public hearing under Section 147(f) of the Code; (ii) the Housing Program; and (iii) the preliminary approval of the issuance of the Bonds. Section 2. Preliminary Findings. Based on representations made by the Company to the City to date, the City Council of the City hereby makes the followin g preliminary findings, determinations, and declarations: (a) The Bonds will refinance the outstanding indebtedness incurred with respect to the residential group home facilities for the developmentally disabled comprising the Project and will also refinance a development achievement center for children with autism and related disorders comprising the Minneapolis Facility. (b) The proceeds of the Bonds will be loaned to the Company by the City of Blaine and the proceeds of the loan will be applied to refinance the Project, finance the rehabilitation of the Project, refinance the Minneapolis Facility, and finance the issuance costs of the Bonds. The City of Blaine will enter into a Loan Agreement with the Company requiring loan repayments from the Company in amounts sufficient to repay the loan when due and requiring the Company to pay all costs of maintaining and insuring the Project, including taxes thereon. (c) In authorizing the issuance of the Bonds and the financing and refinancing of the portion of the Project located in the City and related costs,the City's purpose is and the effect thereof will be to promote the public welfare of the City and its residents by retaining and improving group home facilities and otherwise furthering the purposes and policies of the Act. (d) The Bonds will be limited obligations of the City of Blaine payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City or be secured by the taxing power or any property or assets of the City. Section 3. Preliminary Approval. The City Council hereby gives preliminary approval to the issuance of the Bonds pursuant to a Joint Powers Agreement with the City of Blaine and the Participant Cities in the approximate aggregate principal amount not to exceed $4,000,000 to finance all or a portion of the costs of the Project and the Minneapolis Facility, subject to final approval by the City Council of the City of Blaine, following the preparation of bond documents and a determination by the City of Blaine that the financing of the Project and the Minneapolis Facility and the issuance of the Bonds are in the best interests of the Participant Cities and the City of Blaine. Section 4. Joint Powers Agreement. The City Council hereby approves a Joint Powers Agreement between the Participant Cities and the City of Blaine (the "Joint Powers Agreement") substantially in the form of the Joint Powers Agreement now on file with the City. The City Council hereby authorizes the execution and delivery of the Joint Powers Agreement by the Mayor and City Manager of the City (or by other members of the City Council or other officers of the City who are authorized to execute and delivery the Joint Powers Agreement on behalf of the City) consistent with the provisions of this resolution. Section 5. Housing Program. The City Council hereby approves the Housing Program and authorizes submission of the Housing Program to the Metropolitan Council for its review pursuant to Minnesota Statutes, Section 462C.04, subdivision 2. Page 15 Minutes/Edina City Council/April 16,2002 Section 6. Reimbursement of Costs under the Code. 6.1. The United States Department of the Treasury has promulgated final regulations, designated as Treasury Regulations, Section 1.150-2 (the "Regulations"), governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to project expenditures paid prior to the date of issuance of such bonds. The Regulations require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 6.2. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Company for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Based on representations by the Company, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-2(j)(2)(i)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures with respect to the Project have been made by the Company more than sixty days before the date of adoption of this resolution. 6.3. Based on representations by the Company, as of the date hereof, there are no funds of the Company reserved, allocated on a long term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Company as they exist or are reasonably foreseeable on the date hereof. Section 7. Costs. The Company will pay the administrative fees of the City and pay, or, upon demand,reimburse the City for payment of,any and all costs incurred by the City in connection with the Project, the Minneapolis Facility, and the issuance of the Bonds,whether or not the Bonds are issued. Section 8. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City of Blaine will issue the Bonds as requested by the Company. The City also retains the right, in its sole discretion, to withdraw from participation should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not participate in the financing of the Project and the Minneapolis Facility or should the parties to the transaction be Page 16 Minutes/Edina City Council/April 16,2002 unable to reach agreement as to the terms and conditions of any of the documents for the transaction. Section 9. Effective Date. This Resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of Edina, Minnesota, on this 16th day of April,2002. Member Hovland seconded the motion. Rollcall: Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. DESIGNATION OF FUND BALANCE FOR 2001 APPROVED Mr. Hughes presented a report of the reserved and designated fund balances for year ending December 31, 2001. All of the reserved or designated balances were previously set-up by the City Council and can be eliminated, added to, or moved. The Council approved Mr. Hughes' recommendations for designations and reserves of the fund balance for the fiscal year ended December 31, 2001, as follows: • Reserve for Commitments - $68,000 for unspent election budget- $23,000 for LOGIS assessment and $443,658 for technology/furnishing for City hall/Police building • Reserve for self-insurance - $150,000 for anticipated insurance adjustment • Reserve for General Fund operations - $500,000. This reserve is recommended in anticipation of state aid reductions in 2003 • Liquor Fund Transfer - Recommended the budgeted liquor contribution of $476,890 not be transferred but left in the liquor fund to help cover enterprise operations The City's budgeted revenues for 2001 were $20.2 million. Actual revenue exceeded the budget by approximately $1.4 million. The additional revenue primarily came from building permits, fees and charges and the sale of rental of property. Budgeted expenditures for 2001 were $20.6 million. The 2001 budget included the purchase of a new fire pumper truck valued at $600,000. Keeping with the City's equipment replacement budget, the truck will be paid for through reserves. After accounting for the transfer, expenditures were approximately $116,000 under budget. Of the $14,375,693 in the fund balance at year's end, money will be reserved for future projects, self-insurance and general fund operations. In addition,just less that$500,000 will be kept in the Liquor Fund to cover enterprise operations. Member Hovland made a motion approving the designation and reserve of fund balance as presented. Member Masica seconded the motion. Ayes: Hovland, Kelly, Masica, Maetzold Motion carried. Page 17 Minutes/Edina City Council/April 16,2002 'CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member Masica seconded the motion approving payment of the following claims as shown in detail on the Check Register dated April 4, 2002, and consisting of 28 pages: General Fund $161,412.99; CDBG Fund $163,554.06, Communications Fund $2,176.34; Working Capital Fund $98,088.98; Construction Fund $46,524.00, Art Center Fund $48.86; Aquatic Center Fund $130.00; Golf Course Fund $21,142.61; Ice Arena Fund $3,114.62, Edinborough/Centennial Lakes Fund $7,755.04; Liquor Fund $238,746.34; Utility Fund $6,234.04; Payroll Fund $450,000.00; TOTAL $1,198,927.88; and for approval of payment of claims dated April 11, 2002, and consisting of 35 pages: General Fund 258,503.54, CDBG Fund $1,950.00; Communications Fund $2,034.14, Working Capital Fund $66,077.92, Construction Fund $1,436.00; Art Center Fund $4,426.90, Golf Dome Fund $9,376.52; Aquatic Center Fund $1,233.69, Golf Course Fund $93,920.10, Ice Arena Fund $5,470.44; Edinborough/Centennial Lakes Fund $13,287.18; Liquor Fund $155,509.95; Utility Fund $16,669.91; Storm Sewer Fund$22,459.10, Recycling Fund $15.00;TOTAL: $652,370.39. Motion carried on rollcall vote-four ayes. CITY HALL/POLICE STATION CONCEPTUAL DESIGN REVIEWED William Baxley of BKV Architect Group presented a concept plan of a combination City Hall and Police Department on the existing site of the Edina City Hall and old Edina Community Library. Council members expressed their opinions of the design. Concerns were expressed over the modern, whether or not the building was welcoming enough, lack of traditional appeal. The Council liked: the single building concept, the interior spaces, parking squad cars underground and the functionality of the concept. The Council expressed their desire for a building that would maximize the site and come in on budget. Council directed staff to work with BKV to refine the design and return to the Council at a later date for a work session. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 10:20 P.M. C Clerk Page 18