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HomeMy WebLinkAbout19780116_regularI MINUTES OF TIIE REGULAR MEETING OF THE EDINA CITY COUNCIL HELC AT CITY,IXALL JANUARY 16, 1978 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of November 21, 1978, were approved as submitted by motion of Councilman Courtney, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. EDINA JAYCEES RECOGNIZED DURING NATIONAL JAYCEE WEEK. Xayor Van Valkenburg recognized January 15-21 as National Jaycee Week, paying special tribute to the Edina Jaycees and noting their involvment in community activities. BOY SCOUT TROOP 62 WLCOMED. Scout Troap 62 to the meeting. Mayor Van Valkenburg welcomed members of Boy SANITARY SEWJ3R IEPROVEMENT NO. P-SS-348 AND WATERMAIN IMPROVEMENT NO. P-WM-332 APPROVED AT PUBLIC HEARINGS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. public hearings were conducted and action taken as hereinafter recorded: Due notice having been given, A. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-SS-348 IN THE FOLLOWING: Lot 6, Block 1, McGary Addition Lot 6, Block 1, McGary Addition B. CONSTRUCTION OF IJATERMAIN IMPROVEMENT NO. P-WM-332 IN THE FOLLOWING: The above improvements affecting the sanie'properties, public hearings were con- ductred concurrently. Mr. Rosland presented total estimated construction cost.3or Sever Improvement No. P-S3-348 at $2,340 and total estimated construction cost for Watermain Improvement No. P-WM 332 at $2,340, advising that both improvements are proposed to be assessed only against Lot 6, Block 1, McGary Addition. Mr. Hoffman explained that the projects are being proposed at this time because development of the area lying between Lot 6, Block 1, McGary Addition and Olinger Road is being developed (Deckas Addition) and construction of improveinents to Lot 6, Block 1 mast be accoinplished along with services for the new development. Mr. Hoffman advised that Mrs. McGary, o-mer of the property proposed to be assessed has no objection to the improvement, but has requested that her assess+: ments be deferred in accordance with City policy. matter must be determined at the assessment hearing. if the property should be divided, the assessments would not be deferred. objections being heard, Councilman Courtney offered the following resolution and moved its adoption: BE IT &SOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearings to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements : It was brought out that this It was also brought out tbat No RESOLUTION ORDERING IMPROVEMENTS 1. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-348 IN THE FOLLOWING: Lot 6, Block 1, McGary Addition Lot 6, Block 1, McGary Addition 2. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-332 IN THE FOLLOWING: 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 improvements including all proceedings which may be neces- sary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows : No. 1 Above SANITARY SEWER IMPROVEMENT NO. SS-348 No. 2 Above WATERMAIN IMPROVEMENT NO. WM-332 and the area to be specially assessed for each of the above improvements therefor shzll include Lot 6, Block 1, McGary Addition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt, Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. 82 YEAR IV CONPIUNITY recalled that, at DEVKLOPMENT BLOCK GRAN'I' PKOGR&t STUDY APPROVED. blr . Hughes its meeting of January 9, 1978, Council had continued the hear- ing for the Year IV Comniunity Development Block Grant Program so that more def- inite plans could be considered for the construction of an entrance to City Hall for use by the handicapped and for a recycling program for'the Morningside area. He advised'that further investigation of the City Hall remodeling showed that it would cost between $3,000 and $5,000 to prepare plans for the entrance, with the actual construction cost estimated to be between $30,000 and $40,000. Mr. .Hughes recommended that funds be allocated for the project this year for plans only, and that the funds for the construction of the handicapped entrance to City Hall be allocated in 1979. It was pointed out that Year IV funds would be avail- able in September. take a study for recycling trash in the tlorningside area, adding that the largest share of the cost would be for follow-up and education of the public. Mr. Robert Reid of the Recycling Commission complimented Mr. Hughes and members of the Com- mission for their work at the recycling center, and advised that the Commission has turned its profit of several thousand dollars over to the City during the past three years. Nr. Reid recommended that, inasmuch as the Morningside area has only one trash and garbage hauler, the initial recycling trial should begin there, and emphasized the importance of keeping valuable resources out of sanitary land fills. Mrs. Virginia Bodine of the Recycling Commission added that Columbia Heights is very satisfied with the profit that is being made in their recycling program. Council concurred that the greatest share of the cost would be for public education. Councilman Courtney then moved that Council approve the fol- lowing allocations for Year IV Community Development Block Grant Funds as recom- mended by Mr. Hughes: Land acquisition for low and moderate income housing, $150,000; Housing rehabilitation, $70,000; Land acquisition administrative costs, $11,000; Eousing rehabilitation administrative costs, $12,000; Plan preparation for handicapped access to City Hall, $5,000 (with the understanding that this improvement not be limited to plan preparation for 1978); Morningside recycling study, $12,000; Comprehensive Plan preparation, .$15,000. Motion was seconded by Councilman Richards. . . Mr. Hughes recalled that he had requested $12,000 to under- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. YOILKDALE TOW?%OMFS OF EDINA GRANTED PRELIMINARY AHD FINAL PLAT PSPROVAL AND PRD- 3 ZONING, SUBJECT TO CERTAIN CONDITIONS. Affidavits of Notice of Public Hearing on prel5minary plat for Yorkdale Townhomes of Edina were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented preliminaw plat for Yorkdale Townhomes of Edina, a 90 unit plat which is being developed by Ryazz Construction Company in the area between York and Xerxes Avenues and between 1.1. 74th and W. 76th Streets. Because Ryan Construction Company must enter into agreements with the Mr. Hughes recommended granting Second Reading for Ordinance No. 811-A109 and both preliminary and final plat approval at this time. shouldbe contingent upon receipt of $15,000 cash in lieu of parkland, dedication of easements along York Terrace and York Avenue, and'completion of suitable agree- ments between the proponent, the Edina Housing and Redevelopment Authority regard- ing the development.02 the property for low and moderate income family housing - in conpliance with the SaEtheast Edina Redevelopment Plan. The develop- . . ment is to be comprised of 10 units with one bedroom, 56 units with two bedrooms, 20 units with three bedrooms and 4 units with four bedrooms. agreed to construct 1.25 enclosed garages per unit and .75 outside parking stalls per unit. Councilman Courtney then offered the following resolution granting preliminary and final plat approval for Yorkdale Tomhomes of Edina, subject to receipt of easements along York Terrace and York Ave., receipt by the City of $15,000 cash in lieu of parkland, and execution of suitable agreements with the H.R.A. regarding the property's development for low. and moderate income family housing pursuant to the Southeast Edina Redevelopment Plan: which assure that all ordinance requirements will be met, He added that approval The developer has RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR YORKDALE TOWNJ3OPlES OF EDINA BE IT RESOLVED by the Edina City Council that that certain plat entitled "York- dale Townhomes of Edina", platted by Ryan Coiistruction Company of Minqesota, Inc., and presented at the Edina City Council Meeting of January 16, 1978, be,and is hereby granted preliminary and final plat approval. Notion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Councilnan Courtney then offered Ordinance No. 811-A109 for Second Reading and moved its adoption, with the Understanding that publication be withheld pending receipt of items to satisfy the foregoing conditions: OIWINANCE NO. 811-A109 AN ORDINANCE APIENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESI1)ENTTAL DISTRICT (PIID-3) THE CITY COUNCIL OF EDINR, MINNESOTA, OilIjAINS: Ib 83 Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is "The extent of the Planned Residential District (Sub-District PRD-3) is The West one-half of the East one-half of the Northeast one-quarter of the Southwest one-quarter of Section 32, Township 28N, Range 24W, and the Northerly 2/3 of the West 315 of the South'one-half of the East one-half of the East one-half of the Northeast onc-fourth of the Southwest one-fourth of Section 32, Township 28N, Range 24W of the fourth principal meridian, according to the United States Survey thereof , and situated in'Hennepin County, Minnesota; and the Southerly one-third of the Westerly three-fifths of the East one-half of the Southeast one-quarter of the Northeast one- quarter of the Southwest one-quarter all in Section 32, Township 28, Range 24, Hennepin County, Minnesota (which is in Sub-District PRDy3). Sec. 2. This ordinance shall be in full force and effect upon its passage enlarged by adding the following thereto: enlarged by the addition of the following property: and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ATTEST : YL&.L City Clerk FRITZ OERTEL ADPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS DECISION ON VARIANCES FOR LOT 6, AUDITOR'S SUBDIVISION 11259 WITHDRAWN. Mr. Fritz Oertel advised that he was withdrawing his appeal from the Board of Appeals and Adjustments decision . denying variances which would have allowed construction of a dwelling on Lot 6, Auditor's Subdivision No. 259 (4429 North Ave.). No formal action was taken. SOUTHWEST EDINR PLAN AMENDMENT CONTINUED TO FEBRUARY 6, 1978. Councilwc~man Schmidt's motion continuing the hearing on the Southwest Edina Plan Amendment as it pertains to the area West of County Road 18 and North and South of Valley View Road was seconded by Councilman Courtney. - Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SECOND READING OF ORDINANCE NO. 811-A102 (RAINBOW MANAGEMENT DIVISION) CONTINUED TO APRIL 3, 1978. affiliated with Rainbow Management Division, regarding the building for the . elderly at 51st and France Ave. the property to allow construction of a reduced number of units on the site. Hughes said that such action would be discussed at a future Housing and Redevqlop- ment Authority meeting and recommended that no further action be taken at this time. Councilman Richards' motioh that the hearing be continued to April 3, 1978, so that new building plans may be developed and reviewed was seconded by Council- man Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. Mr. Hughes referred to a letter from Mr. Cornel1 Moore, who is Mr. Moore had requested the City to write down Mr. EDINA INTERCHANGE CENTER SIXTH ADDITION GRANTED FINAL PLAT APPROVAL. by Mr. Hughes that all ordinance requirements had been met for Edina Interchange Center Sixth Addition, located East of Metro Blvd., West of T.H. 100 and North of Edina Industrial Blvd., Councilman Richards offered the following ordinance and Being advised moved its adoption: RESOLUTION GPmTING FINAL APPROVAL TO EDINA INTERCHANGE CENTER SIXTH ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Ecfina Interchange Center Sixth Addition", platted by Interchange Partnership, Paul Owen Johnson and James Rogers Fox, Partners, and presented at the Edina City Council Meeting of February 16, 1978, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Counciwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None ksolution adopted. 1/16/78 84 INDUSTRIAL REVENUE BONDS INPORNAL 13EhRlNC CONTIMUED TO ,FISBRUARY 6, 1978. Van Valkenburg recalled that requests had been received asking that the City sell Industrial Revenue Bonds and that he-had suggested that this informal hearing be conducted as an educational procedure so that Council would have the opportunity to learn both the advantages and the disadvantages of the bonds. some discussions had been had with Nr. Warren Jones and Fairview Southdale Hospital officials, but that no formal application had been made to the City. Nr. Robert Larson, representing Fairview Community Hospitals, explained that the hospital is looking forward to refinaxing some of the debt that was incurred by the construc- tion and expansion of Pairview Southdale Hospital. Mr. Larson said that it is the hope of the hospital to lower interest cost to residents of Edina who use the hospital, thereby reducing the costs to all concerned by approximately $2.60 €or every patient day spent in the hospital. He requested that the hospital be considered in a different light from commercial ventures in view of their service to the community and their tax exempt status. Mr. C. D. Nahoney of Dorsey, Windhorst, Hannaford, Whitney & Halladay, advised that his firm has acted as bond counsel with respect to a number of industrial bond issues of various municipali- ties throughout Minnesota and neighboring states. He clarified that industrial bonds are bonds which are issued by a municipality in behalf of someone other than the mwicipality for the purpose of paying the cost of acquisition of property thzt that other entity will be using. istic of the industrial bond is that although the bond is issued by a municipality (and therefore bearing interest that is exempt from Federal income taxation) it is an obligation which is pzyable solely from those revenues which are pledged to the payment of those bonds. He added that under State law, the revenues which are pledged to the payment of those bonds are the revenues which the municipality receives from the project being financed. the municipality takes title to the facilities being financed and leases the facilities to-the company. received under the lease. Nr. Mahoney added that in recent years, many munici- palities are currently aperating under a loan-agreement in which the municipality agrees that it will loan the proceeds of its bonds to the company and the company agrees that it will construct the project for which the bonds are issued, and repay the loan in installments which will be sufficient to pay the principle and inter- est on the bonds when due, with the company retaining its title to the facilities being financed. In response to a question of the Council, Mr. Mahoney advised that if the boncis should default, the credit rating of the municipzlity by the rating agencies would not be adversely affected. In response to a question of Hr- Rosland,.Mr. Eahoney said that the law does not permit the use of funds other than those derived froin the project for the payment of the obligation used to finance it, either for private enterprise or for a tax exempt organization. Mr.'Mahoney said that, so far as he knew, the credit ratings of the municipalities were not adversely affected when industrial revenue bonds sold by them failed. He said that there is no limitation on the dollar amount of the bonds imposed by State law, b.Jt that the Internal Revenue Code limits most types of industrial revenue bonds to $5,000,000 or less. Mr. Mahoney said that it is always provided by agreement that the municipality is to be reimbursed by the company for any and all expenses which it may incur with respect to the bonds. In response to a question of Councilman Shaw, Mr. Larson said that the dollars are related to Fairview Southdale Hospital, but the bonds would be OR the credit rating of Fairview Community Hospitals, the parent corporation. He clarified that the rating agencies would lbok'at the earning power of the total corporation, along with the commensurate debt. Concern was expressed that the City might be considered "arbitrary" in rejecting a particular request to sell bonds. Mr. Mahoney explained that the Cfty could develop its own guidelines and criteria for determining whether it would sell bonds for a particular organization. He explained that at the time an application is submitted to the City, an agreement would be-developed between the City aad the organization in which it would be agreed that the company would pay all expenses of the City for any costs incurred while the City was determining xhether or not to issue the bonds. Mr. Richard Josephs of Dain, Kalman & Quail, presented Council with a summary and guidelines for industrial revenue bonds. Hr. Varren Jones, representing Cronin, Marcotte, Incl, said that a taxpayer who comes to the City has the right to take advantage of industrial revenue bonds since it is approved by State law and and the applicant would be able to save hundreds of dollars in interest. m. Dalen as to what advantage it would be to the City to issue industrial revenue bonds, Mr. Michael Dougherty of Doughtery, Dawkins, Strand & Engstrom and Mr. J. Peter Meyers, President of Americana State Bank, said that it would bring new industry into the area, increase tax values and create ne17 jobs in the area. Councilmn Shaw's motion was then seconded by Councilman Courtney that the informal hearing be continued to February 6, 1978. Mayor He recalled that He explained that the essential character- Mr. Mahoney clarified that , historically, The revenues pledged are then the rer,tal payments . In response to questions of the Council and Ayes: Nays: None Efotion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg 1/16/78 TRI-CI'CY LAJ3/13I"ETII? COUNTY A$lWEMENX FOR WATER SAMPLES fWPROVED. Mr . Rosland 85 presented an agrcemcnt between Zlc Tri-City Laboratory and Elcnnepin County for well water testing services, advising that this is a rev.ewal of a four month rrial contract which has expired. As recommended by Mr. Rosland, Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Mayor and Manager are hereby authorized to enter into agreement with Hennepin County and Tri-City Laboratory for testing of water samples for the year 1978. Motion for adoption of the resolution was seconded by Councilman Richards. Kollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. MINNEHAHA CREEK WATERSHED DISTRICT HEARING NOTED. Council was.advised of a joint hearing of the Minnehaha Creek Watershed District which will be held at Minnetonka City Hall on February 8, 1978. He advised that the Meadowbrook Lake area has been deleted Crom the proposed improvements. 14r. Hughes will attend. MORNINGSIDE AREA SANITARY SEWER IMSPECTIOI? BIDS AUTHORIZED. Hoffman, Councilman Shaw's motion authorizing taking of bids for the Morningside area sanitary sewer inspection was seconded by Councilman Courtney. As recommended by Mr. Ayes: Courtney, Richards, Sclmidt, Shaw, Van Valkenburg Nays: None Motion carried. YELLOW TAXI PARA-TRANSIT PROJECT DISCUSSED. Mr. Hoffman advised that he had received a call from the Minnesota Department of Transportation asking if the City planned to submit an application for funding for a para-transit project, inasmuch as funding would be withdrawn on March 1, 1978. Mr. Hoffman recalled that Council had decided to let Yellow Cab submit its application to provide the service, and that they have a schedule which will provide service in Bloomington, Richfield and Edina between 8:30 a.m. and 4:OO p.m. on weekdays, froin 6:OO p.m. to 11:30 p.m. at night and 8:OO a.m. to 7:30 p.m. on Saturdays and Sundays. No action was taken. FRANCE AVE. SIDEWALKS DISCUSSED.' Councilman Courtney expressed concern because of complaints that he received because sidewalks on France Avenue between W. 42nd Street and Morningside Road have not been shoveled. sidewalks which have been installed recently are plowed by City crews, but that sidewalks in the older areas of the City must be shoveled by residents. He added that an overall study will be made of the sidewalk system and an recommendation made at that time. Mr. Erickson pointed out that Ordinance No. 1202 provides that if snow has not been removed from all public sidewalks, beginning twelve hours after any snow or ice has ceased to fall, the City shall shovel the sidewalk and assess the cost against the property. them of the ordinance requirements. No formal action was taken. Mr. Rosland advised that Notices will be sent to residents advising T.H. 100 AT W. 70TH STREET TRAFFIC CONFUSION DISCUSSED. Councilwoman Schmidt expressed concern about confusion at T.H. 100 at W. 70th Street, advising that she does not believe that the traffic signs are clear and that she is afraid that an accident may occur because of the confusion. No formal action was taken. Mr. Hoffman will look into the matter. RICHARD SEABERG APPOINTED TO COMMUNITY DEVELOPMENT AiqD PLANNING COMMISSION. As recommended by Mayor Van Valkenburg, Councilman Shaw's motion appointing Mr. Rich- , ard Seaberg to the Community Development and Planning Commission was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg SOUTH HENNEPIN HUMAN SERVICES DIRECTOR TO BE NAMED. Councilwoman Schmidt advised that the South Human Services Commission is in the process of selecting a new dir- ector to succeed Mr. Phillip Riveness who has resigned. No action was taken. MINUTES OF NOVEMBER 7, 1977, CORRECTED. The Clerk called attention to an error in the Minutes of November 7, 1977, as to the award of the street name signs bid. . Councilman Richards ' Councilwoman Schmidt: "Councilwoman Schmidt's motion was seconded by Councilman motion authorizing the' following correction was seconded by Richards for award to Lyle Signs, at $27,221.00, since low bidder did nat meet specifications" . Ayes: Courtney, Richards, Schmtdt, Shaw, Van Valkenburg Nays: None Mot ion carried. 11 161 78 ORDINANCE NO. 12444 GRANTEE FIIiST IIEADING. - No. 124-A4 for First Reading as follows: Councilman Courtney offered Ordinance 86 0RI)INANCII NO. 12443 AN ORDINANCE ESXABLTSklING SALARIES FOR ELECTED OFPICIALS .r THE CITY CO'ITNCIL OF TBE CITY OF EDINA, MINNESOTA, ORDAINS: follows : Section I. The salaries of members of the Edina City Council shall be as Nayor - $3,900 Annually (4) Council Ifembers - 2,600 Annually Sec. 2. This ordinance shall be in full force and effect immediately upon I its passage and publication. CLAIMS PAID. payment of the following claims as per Pre-List: Park Fund, $4,608.22; Art Center, $1,310.68; Swimming Pool, $58.09; Golf Motion of Councilman Shaw was seconded by Councilman Courtney for General Fund, $63,301.39; Course, $1,037.78; Arena, $6,062.80; Gun Range, $4,408.39; Sewer Fund, $95,354.22; Liquor Fund, $4,960.80; Total, $214,867.38. Ayes: Courtney, Richards, Schmidt, Shaw, Van Nays: None Motion carried. $103.45; Water Works, $33,661.56; Construction, Valkenburg No fcrther business appesring, Councilman Courtney's motion for adjournment 'was seconded by Councilman Shaw and carried. Adjournment at 8:55 p.m. L . City Clerk YL&-+ I.