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HomeMy WebLinkAbout19820517_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 17, 1982 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. MINUTES of May 3, 1982, were approved as submitted by motion of Member Schmidt, seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. PART PAID/VOLUNTEER FIREFIGHTERS RECOGNIZED. appreciation to Chief Kehoeand to the following Part Paid/Volunteer Firefighters for their contribution to the Edina Fire Department: Gregory Bretson, Lawrence Friedrichs, Steve Hatzung, Thomas Jenson, Steven Nelson, Robert Prestrud, Gerald Reifschneider, Daniel Scheerer, John Scheerer, Martin Scheerer, John Senior, Michael Wech and Raymond Wolff. The Mayor expressed his sincere Plaques were presented to all members. MARTH COURT IMPROVEMENTS AUTHORIZED. Mr. Rosland recalled that public hearings on Permanent Street Surfacing with Concrete Curb and Gutter Improvement No. P-BA- 254, Grading and Graveling Improvement No. P-C-140, Sanitary Sewer Improvement NO. P-SS-364 and Watermain Improvement No. P-WM-349 had been continued from the meeting of May 3, 1982, as requested by the developer. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Put- suant to due notice given, public hearings were conducted and action taken as hereinafter recorded: A. PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER NO. P-BA-254 IN THE FOLLOWING: Marth Court from W. 78th Street to cul-de-sac .B. C SANITARY SEWER IMPROVEMENT NO. SS-364 IN THE FOLLOWING: GRADING AND GRAVELING IMPROVEMENT NO. P-C-140 IN-THE FOLLOWING: . Marth Court from W. 78th Street to cul-de-sac' . _-- - . Marth Court from W. 78th Street to cul-de-sac Marth Court from W. 78th Street to cul-de-sac Mr. Hoffman recalled that the original hearing on April D . WATERMAIN IMPROVEIGNT EO. P-WM-349 IN THE FOLLCWING : The improvements above listed affecting the same properties, public hearings were conducted concurrently. 19, 1982, had been continued so that details for right-of-way could be worked out between property owners on the East and West sides of the road. Valkenburg, attorney.for the developer of property on the West side of the road, advised that no agreement has yet been reached. He recalled that his client does need the improvements and needs a five foot strip of land on the West side of the road, as well as a ten foot strip of land on the East side of the road and asked that Council authorize the improvements and also authorize condemnation so that these strips of land can by acquired for right-of-way. Mr. Roger Evanson, 7717 Marth Court, read a letter that he had sent to Mr. Van Valkenburg on May 12, 1982, objecting to the 90~ per square foot price offered by the developer. Valkenburg pointed out that the price would depend on whether "buildable" or Mr. Jeffrey Longtin, 5828 W. 78th St., said that he would not sell his non-buildable property for less than $2.00 or $3.00 per square foot, and asked that the developer be told to make a realistic appraisal. be taken from his front yard is very important to the value of his property. Stating that people have a right to develop their property, that the value of the land is unknown at this time and that the cost of the condemnation would be included in the assessment, Member Richards offered the following resolution and moved its adoption: W. James Van Mr. Van unbuildable" lots are being discussed. I1 Mr. Evanson emphasized that the ten foot strip of land proposed to RESOLUTION ORDERING IMPROVEMENTS - PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER NO. BA-254 GRADING AND GRAVELING IMPROVEMENT NO. C-140 SANITARY SEWER IMPROVEMENT NO. SS-364 AND WATERMAIN IMPROVEMENT NO. WM-349 BE IT RESOLVED by the City 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 improvements: 1. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCETE CURB AND GUTTER P-BA-254 IN THE FOLLOWING: Marth Court from W. 78th Street to cul-de-sac L 51 17/82 .. -. 86 2. CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT NO. P-C-140 IN THE FOLLOW:. ING : Marth Court from W. 78th Street to culyde-sac Math Court from W. 78th Street to cul-de-sac Marth Court from W. 78ty Street to cul-de-sac 3. CONSTRUCTION OF SANITARY SEWER IM?ROVISNENT NO. SS-364 IN THE FOLLOWING: 4. CONSTRUCTION OF TJATERMAIN IMPROVEMENT Nb . P-FJM-349 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 : I No. 1 Above PERMANENT STREET SURFACING WITH CONCRETE CURB AND No. 2 Above GRADING AND GRAVELING IMPROVEMENT NO. C-140 No. 3 Above SANITARY SEiJER IMPROVEMENT NO. SS-364 No. 4 Above WATERMAIN IMPROVEMENT NO. WM-349 GUTTER IMPROVEElENT NO. BA-254 and the area proposed to be assessed for all of the above improvements includes Lots 1 and 2, Block 1, Winsor Addition; Lot I, Block 1, Warren Hansen Addition; Parcel 3700, Section 8, Township 116, R. 2l'described as the East 132 feet of the South % of the Southwest thru 5, Block 1, Marthe Woods Hill Addition) ; and Pa'rcel 4230, Sec. 8, T. 116, R. 21 described as the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Motion for adoption of the resolution was seconded by Member Bredesen. of the Southwest % except road (to be known as Lots 1 if the Southwest % subject to road. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. ORDINANCE NO. 811-162 GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on dile. Mr. Hughes presented the petition of Mr. M. H. Haymaker to rezone a half acre site generally located in tile Sccthwest quadrant cf Sumnit he. and Interlachen Bivd. from R-l Residen- tial District to PRD-3 Planned Residential District. apartment building would require a five foot setback variance from Summtt Avenue and from.InteElachen.Blvd., a 10 foot setback variance from the South property line and 8 20 foot setback variance from the West property line. Referring to , the Comprehensive Plan, Mr. Hughes advised that the Plan envisioned the vacation of Summit Ave. and the redevelopment of the subject property with an office/ multiple residential or commercial/multiple residential use, but that recent Council approvals for the area preclude the realization of this objective. Mr. Hughes said that it is believed that the 'mass of the proposed buildings is generally consistent with the Comprehensive Plan and appears to fit comfortably on the site. 5ances.rrepxesent a reasonable alternative to the original objective and that the building setback variances are warranted in that they approximate the single family dwelling setbacks in the area. back of the driveway on the South side should be increased to at least five feet to permit proper landscaping; and 2) that the grade on the East and Northsides should be increased to lower the perceived heights of the structures; and 3) that final approval be conditioned on an acceptable overall development plan .and a subdivision. Mr. Fred Benz, architect for the developer, responded to the con- cern of Mrs. Janet Erickson, 5008 Summit Ave., saying that the proposed building would be approximately the same height on the street side as her house. Hughes advised Ns. Judy Lundell, 5020 Summit Ave., that approval of this proposal would mean a greater opportunity for her property to be rezoned. approval of this proposal does not preclude the future vacation of Summit Ave. No further objections being heard, Member Bredesen offered Ordinance No. 811- A162 for First Reading as follows: He advised that the 17 unit . He also advised that he believes that the building setback vari-. 1.. Mr. Hughes recommended that 1) the set- Mr. He added that ORDINANCE NO. 811-A162 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Planned Residential District (Sub-District PRD-5) is Lots 1 and 2, Block 4, Grandview Heights; which is in Sub-District PRD-3); Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is enlarged by adding the following thereto: enlarged by the addition of the following property: 51 17/82 87 . Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. ORDINANCE NO. 811-A163 GRANTED FIRST READING. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition of Mr. Jack Helms for rezoning of property generally located South of Vernon Avenue and East of Vernon Court from R-2 Residential District to PRD-2 Planned Residential District. He advised that the subject property is designated for low density attached residential use by the Compre- hensive Plan and that the five unit townhouse development would require set- back variances from Vernon Avenue and from the East and Southwest property lines. Mr. Hughes advised that his only reservation regarding this project has been its relationship to the old dwelling which is located in the abut- ting lot, and that the owner of that dwelling has indicated that he is sat- isfied with the proposed plans. Mr. Jack Helms, and Mr. Jack Smuller. Mr. Hughes advised Member Richards that, even if only four dwelling units were proposed, the setback variances would still be necessary. appropriate in that they approximate required setbacks for double bungalows. No further discussion being heard, Member Bredesen offered Ordinance 811-A163 for First Reading with the condition that the Vernon Avenue setback should be increased to a uniform setback of at least 30 feet, that the drive aisle set- back on the West side should be increased to 10 feet, and subject further to final rezoning being contingent on an acceptable overall development plan, final platting and a subdivision dedication based on one new dwelling unit: Present at the meeting were the developer, : It was pointed out that the side yard variances are ORDINANCE NO. 811-A163 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-2) THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: enlarged by adding the following thereto: enlarged by the addition of the following property: Section 1. "The extent of the planned Residential District (Sub-District PRD-2) is Lots 1 and 2, Block 1, Crosstown Hills (which is in PRD-2) E ' Sec. 2. and publication. Motion for approval of First Reading of the ordinance was seconded by Member Turner. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is This ordinance shall be in full force and effect upon its passage Rollcall : .. Ayes: Bredesen, Schmidt, Turner, Courtney Nays : Richards Motion carried. CORKINS ADDITION PRELIMINARY PLAT REFERRED BACK TO COMMUNITY DEVELOPmNT AND PLANNING COMMISSION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Corkins Addition for preliminary plat approval, advising that this plat is generally located in the Southwest quadrant of Schaefer Road and Interlachen Blvd. He advised that the subject property measures approximately 130,000 square feet and is improved with one single family dwelling which fronts on Interlachen Blvd., but gains its access from Schaefer Road. Mr. Hughes explained that the proponent is request- ing a three lot subdivision in which Lot 1 would measure 82,290 square feet and would be retained for the existing dwelling and that lots 2 and 3 would be new buildable lots and would measure 21,641 and 26,065 square feet respectively, both facing on Schaefer Road, and added that all lots exceed ordinance require- ments. Council expressed doncern that the resulting lots would be smaller than others in the area and also about the possibility of other property owners requesting division' of their lots. As suggested by Member .Richards, Member Bredesen's motion referring the plat back to the Community Development and Plan- ning Commission so that they could study development of the area as a whole, was seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. MORTGAGE REVENUE BOND PROGRAM APPROVED. Mr. Hughes recalled that, at the Council Meeting of April 18, 1982, the Council approved a Housing Plan for the City which documented the City's existing housing situation and needs and set forth goals,. objectives and programs designed to meet those needs. He presented a Mortgage Revenue Program which provided a detailed description of the Program for the Winfield-Laukka-Edina Condominium project, which upon receiving Council 51 17/82 8% approval would be submitted to the Housing Finance Agency to support a request for a bonding allocation of about $1,500,000. Mr. Hughes added that the prb- ceeds of the bond issue would be used to provide lower cost mortgages for the moderate income units in Phase I of the,Edenborough development proposed for home buyers in the $18,000 to $35,000 income level. Mr. Rosland pointed out that acceptance of this program would help the City accomplish its goals for low and moderate income housing and emphasized that the City is not losing site of its original housing goal. Schmidt offered the following resolution and moved its adoption: No further discussion being heard, Member RESOLUTION ADOPTING A HOUSING PLAN AND PROGRAM PURSUANT TO MINNESOTA STATUTES 462C WHEREAS, Minnesota Statutes 462C (the "Act") provides that a city may develop and administer programs of making or purchasing mortgage loans to finance acquisition of units in multi-family housing developments, primarily by low and moderate income persons or families anywhere within its boundaries; and WHEREAS, the Act provides that a city may issue and sell revenue bonds or obligations in order to finance the making of the loans, which bonds shall be payable solely from the revenues of the program; and WHEREAS, the Act requires the City to adopt a Housing Plan and a program prior to issuing bonds; and WHEREAS, a Hearing was held on the Housing Plan by the City Council on April 19, 1982., pursuant to notice duly given; and WHEREAS, a hearing was held on the Housing Program by the City Council on May 17, 1982, pursuant to notice duly given; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the City of Edina 462C Housing Plan dated April 19, 1982, is hereby adopted and the City of Edina Program for the Financing of a Multi-Family Housing Develop- ment dated May 17, 1982, is hereby adopted; and BE IT FTJRTHER RESOLVED that the City Manager be directed to transmit said Plan and Program to the Metropolitan Council and the Minnesota Housing Finance Agency for their consideration. Motion for adoption of the resolution was seconded by Member Turner. . Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. WEST mLER STREET VACATION REQUEST WITHDRAWN. that St. Peter's Lutheran Church has withdrawn its request for vacation of a Mr. Rosland advised Council portion of West Fuller Street. No formal action was taken. INTERLACHEN BLVD. SIDEWALK CONTINUED TO JUNE 7, 1982. Being advised by Mr. Ros- land that the Engineering Department is still preparing plans and estimates for the sidewalk being considered for Interlachen Blvd., Member Schmidt's motion continuing discussion until June 7, 1982, was seconded by Member Bredesen. Ayes: Nays: None . Motion carried. Bredesen, Richards, Schmidt, Turner, Courtney TRAFFIC SP2ETY COMMITTEE MINUTES OF MAY 11, 1982, REVIEWED. Member Bredesen's motion was seconded by Member Schmidt approving the NO PARKING, MONDAY-FRIDAY, 5 P.M. TO 9 P.M. signs to be installed between 5209 and 5221 Doncaster Way, and accepting Sections B and C of the May 11, 1982, Traffic Safety Committee Minutes . Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. FUND DRIVE PROCLAMATIONS DISCUSSED. policy that he could use to determine whether he should issue a proclamation endorsing a particular fund drive. should -be considered. The Mayor asked that Council establish a It was informally agreed that such a policy MILLPOND WEED CUTTING BID AWARDED. Mr. Rosland presented tabulation sliowing one bid received for harvesting of the Mill Pond, which tabulation indicated KdwestAqua Care, Inc., to be the lone bidder at $8,250.00. Member Schmidt's motion was seconded by Member Courtney, approving the bid of Midwest Aqua Care as recommended, with the understanding that Mr. Hughes advise neighbors that the bid came in at a cost over the estimate. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney - Nays: None Motion carried. 5/17/82 I%ANCE AVE./INTERSTATE HIGHWAY 494 INTERCHANGE HEARING NOTED; COUNCIL APPROVAL GRANTED. of the France Avenue/I-494 Interchange area will be held on May 19, 1982, at the Southdale Hennepin Area Library Community Room. Mr. Hoffman presented plans for the interchange which he would support, advising that approval of these plans is necessary for the Winfield-Laukka development. cussion, Member Bredesen offered the following resolution and moved its adoption: PROJECT 7929; C.S.A.H. 17 (FRANCE AVE. AT 1-494 INTERCHANGE) WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and WHEREAS, the City Council encourages and participates with improvements to obtain adequate transportation facilities in the metropolitan area; and WHEREAS, the City Council is aware of the traffic safety and capacity problems on France Avenue and 1-494 Interchange; and WHEREAS, the City Council has reviewed the proposed improvements for said Interchange ; and WHEREAS, the City Council has determined this project as being warranted and desirable for improvement through the Federal Aid Urban Program; and WHEREAS, the City Council is concerned with the provisions of an adequate design for future needs with todays limited construction dollars; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council supports Hennepin County Project No. 7927 as a major improvement to the transportation system which is in the best interest of the overall development of the City of Edina. Motion for adoption of the resolution was seconded by Member Richards. Mr. Rosland advised Council of a public hearing on the reconstruction Following dis- * Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. ASSOCIATION OF METROPOLITAN MUNICIPALITIES ANNUAL MEETING DATE NOTED. Mr. Ros- land advised Council of the Annual Meeting of the Association of Metropolitan Municipalities to be held at Sheraton Inn-Northwest on May 26, 1982. No formal action was taken. INSTITUTIONAL ZONE ORDINANCE HEARING DATE SET. Mr. Rosland called Council's attention to a memorandum from Mr. Hughes containing alternatives for Council consideration as to the zoning status of closed public schools in the. City. Hughes reviewed the principal and accessory uses permitted in the R-1 Residential District and suggested that other .alternatives be studies such as expansion of permitted principal and accessory uses, rezoning schools to another existing zoning district, adoption of conditional use permits for schools, adoption of a new Institutional Zone and adoption of an Institutional Zone with Conditional Use Permits required for certain uses. matter to the Community Development and Planning Commission for their recommenda- tion and setting June 21, 1982, for publhc hearing by Council was seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None, Motion carried. Xr. Member Bredesen's motion referring the HEARING DATES SET FOR VARIOUS PUBLIC HEARINGS. Member Turner offered the following resolution and moved its adoption: As recommended by Mr. Hoffman, RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER NO. P-BA-255 S .A.P. 120-156-02 SIDEWALK IMPROVEMENT NO. P-S-32 S .A.P. 120-156-02 STREET LIGHTING IMPROVEMENT NO. P-'L-23 SIDEWALK IMPROVEMENT NO. P-S-31 The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposedimprovements 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, June 7, 1982, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. 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: The City Clerk is. hereby authorized and directed to cause notice of the time, 5/17/82 .. - (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING PEDWENT STREET SURFACING WITH COYCRETE CURB AND GUTTER NO. P-BA-255 S .A.P. 120-156-02 S .A.P. 120-156-02 . SIDEWALK IMPROVEMENT NO, P-S-32 STREET LIGHTING IMPROVEMENT NO. P-L-23 ' SIDET?ALK IMPROVEMENT NO. P-S-31 THE EDINA CITY COUNCIL will meet at the Edina City Hall, on bionday, June 7, 1982, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: The approximate ESTIMATED COST I. CAHILL ROAD PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER $ 159,110.41 (West 70th St. to 1200 feet South of FJ. 70th Street) SIDEWALK - West side (West 70th to West 78th St.) IMPROVEEENT NO. P-BA-255 DPROVEMENT NO. P-S-32 STREET LIGHTING IMPROVEMENT NO. P-L-23 11. KNOLL DRIVE - Schaefer Road to Parkwood Rd. 2,400.94 111. COLONIAL WAY - Olinger Blvd. to 900 feet South 21,583.99 and East SIDEWALK (on West side of Colonial Way) IMPROVEMENT NO. P-S-31 The area proposed to be assessed for part of or all the cost of the improvements under Part I (Cahill Road) include Lot I, Block I, Braemar Oaks, Lot 1, Block 2, and Lot 2, Block 1, Findell Second Addition; Lot 2, Block 8, Findell Clark Addition; Lot 1, Block 2, Amundson's Terrace; Tracts A,B, Cy R.L.S. No. 1193; Parcels 2500 and 3000, Sec. 8, T. 116, R. 21 under Part I1 include Lot 2 thru 7, Block 4; and Lots 1, 9, 10, 11, 12, Block 5, Parkwood Knolls; under Part 111 include Lot 1, Block 2, Colonial Church of Edina First Addition. The areas under Part I (Cahill Road), Improvement P-S-32 are not proposed to be assessed. BY ORDER OF THE EDINA CITY COUNCIL. .. Florence B. Hallberg City Clerk . Motion for adoption of the resolution was seconded by Member Richards. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. EDINA COMMUNITY CENTER PARKING LOT DISCUSSED. Council was advised that the School District will petition for construction of a.parking lot at the Edina Com- munity Center, cost of which is estimated to be $138,084.85 which would provide parking for approximately 100 cars. NP. Rosland-recommended assisting the School District in this project by offering some in-kind services which Eould be done during slack time including approximately $3,300 for tearing out the old cement, removing a tree and striping the lot. He also recommended the possibility of the City paying for $23,000 of engineering, capitalized interest and clerical costs. School District of approximately $95,000 for the parking lot, cost of which would be assessed to the School District. Discussion arose as to the roles of the City and School District in relation to the Community Center and who would be responsible in the event of a financial loss. Member Richards recalled that, while the Council had studied the need for a Community Center in 1975/76, it had never taken any action to acquire such a center. He also expressed concern that Conditional Use Permits would change the entire character of the community and disturb residents. Follawing lengthy discussion, it was informal1y.decided to ask the opinion of the Human Relations Commission and to invite School District officials to come to a Gouncil Meeting and explain the benefit of the parking lot to Edina residents. SOUTH HENNEPIN HUMAN SERVICES REPORT NOTED. attention to a South Hennepin HGman Services committee report. taken. Mr. Rosland clarified that this proposal would bring the cost to the Member Turner called Council's No action was 5/17/82 EDINA EXPO 83 NOTED. Member Turner referred to Edina Expo 83 to be held on April 16 and 17, 1983, designed to acquaint people with Edina dnd with the many services offered by the City. HENNEPIN COUNTY PARK RESERVE DISTRICTS DISCUSSEI). Member Turner, the Mayor pointed out that Edina is now split between the 3rd and 4th Park Reserve Districts. tages of being in two districts, rather than in one district. No action was . taka. TOWN MEETING NOTED. Mr. Rosland reminded Council that a Town Meeting will be held in the Council Chambers at 7 p.m. on May 25, 1982, with the League of Women Voters participating. No action was taken. No action washtalcen. %. In response to a question of Discussion ensued as to the advantages and disadvan- H.O.M.E. ADVISORY COMMITTEE MEMBER APPOINTED. As recommended by the Mayor, Member Schmidt's motion was seconded by Member Turner, appointing Mrs. Bruce (Judy) Norback to serve a two year term as a member of the Advisory Committee for H.O.M.E. (Household and Outside Maintenance for Elderly) : Ayes : Bredesen, Richards , Schmidt , Turner, Courtney Nays: None Motion carried. LOT 10, BLOCK 7, BRAEMAR HILLS 9TH LOT DIVISION AMENDED, Being advised that a revised legal description has been received for the division of Lot 10, Block 7, Braemar Hills 9th Addition, which division was approved by Council on April 4, 1982, Member Richards offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 10, Block 7, Braemar Hills 9th Addition; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Parcel A - That part of Lot 10, Block 7, Braemar Hills 9th Addition, accord- ing to the recorded plat thereof, Hennepin County,'Minnesota, which lies Northerly and Northwesterly of the following described line: the most Northerly corner of said Lot 10; thence South 65 degrees 42 minutes 14 seconds East, on an assumed bearing along the Northeasterly line of said Lot 10, a distance of 12.10 feet; thence Southeasterly along a tangential curve concave to the Southwest, radius 149.59 feet, central angle 24 degrees 47 minutes 42 seconds, a distance of 64.74 feet to the point of beginning of the line to be described; thence South 62 degrees 57 minutes 49 seconds West along a line not tangent to said curve a distance of 52.23 feet; thence South 18 degrees 24 minutes 49 seconds West a distance of 28 feet; thence South 58 degrees 00 minutes 00 West, a distance of 65.78 feet to a point on the Northwesterly line. of said Lot 10, distant 137.41 feet Southwesterly of (as measured along said Northwesterly line) the most Northerly corner of said Lot 10, and there terminating. Parcel B - That part of Lot 10, Block 7, Braemar Hills 9th Addition,.accord- ing to the recorded plat thereof, Hennepin County, Knnesota, except that part which lies Northerly and Northwesterly of the following described South 65 degrees 42 minutes 14 seconds East, on an assumed bearing along the Northeasterly line of said Lot 10, a distance of 12.10 feet; thence Southeasterly along a tangential curve concave to the Southwest, radius 149.59 feet, central angle 24 degrees 47 minutes 42 seconds;.:a distance of .64.74 feet to the point of beginning of the line to be-described; thence .South 62 degrees 57 minutes 49 seconds West along a line not tangent to said cume a distance of 52.23 feet; thence South 18 degrees 24 minutes 49 seconds West a distance of 28 feet; thence South 58 degrees 00 minutes, 00 West, a distance of 65.78 feet to a point on the Northwesterly line of said Lot 10, distant 137.41 feet Southwesterly of (as measured along said No-rthwesterly line) the most Northerly comer of said Lot 10, and there terminating; and Commencing at : . line: Commencing at the most Northerly corner of said Lot 10; thence 4 WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 801 and 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent per- 5/ 17/82 - .. 92 mitted under Ordinance No. 801 and Ordinance No. 811 and subject to the limi- tations set out in Ordinance No. 811 and said Ordinances are not waived for any other purpose or as however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was.seconded by Member Bredesen. RollcalP : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. to any other provisions thereof, and further subject, I MACKEY AVENUE CURB AND GUTTER PETITION REFERRED TO ENGINEERING DEPARTMENT. Mr. Rosland presented a petition for curb and gutter on Mackey Ave. between W. 44th Street and I?. 4% Street. Member Turner's motion referring the petition to the Engineering Department for processing was seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. LOTS 18 AND 19, BLOCK 2, FAIRFAX ADDITION EASEMENT VACATION DATE SET. As rec- ommended by Mr. Hughes, Member Schmidt offered the following resolution and moved its adoption setting June 21, 1982, as hearing date for vacation of a utility easement in Lots 18 and 19, Block 2, Fairfax Addition: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENT FOR UTILITY PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, a's follows: 1. affected thereby, that the following described easement-for utility purposes . should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined after receipt of the petition of the land. . .That portion of an easement created by deed of record in Book of Deeds 1827 page 602 that reads as follows: a three foot strip along the side line thereof when necessary to gain access to the 5 foot strip in the rear"; also known as Southerly three feet of Lot 19, Block 2, except Easterly five feet thereof and the ' Northerly three feet of Lot 18, Block 2, except Easterly five feet thereof, Fairfax Addition. 2. This Council shall meet at the time and place specified in the form of notice including 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 Knnesota Statutes, Section 412.851. "Also the same right is reseryed in Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 I$. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PARTIAL VACATION OF EASEMENT FOR UTILITY PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hemepin County, -Minnesota, will meet at the Edina City Hall, 4801 I?. 50th Street on June 21, 1982, at 7:OO o'clock p.m., for the purpose of holding a public hearing on the proposed partial vacation of the following easement for utility purposes: That portion of an easement created by deed of record in Book of Deeds 1827 page 602 that reads as follows: reserved in a three foot strip along the side line thereof when necessary to gain access to the 5 foot strip in the rear"; as Southerly three feet of Lot 19, Block 2, except Easterly five feet thereof and the Northerly three feet of Lot 18, Block 2, except Easterly five feet thereof, Fairfax Addition. "Also the same right is also known All persons who desire to be heard with respect to the question of whether or not the above proposed partial easement vacation is in the public interest and 51 17/82 93 p. c9 m 0 5 m should be made shall be heard at said time and place. sider the extent to which such proposed partial easement vacation affects exist- ing easements within the area of the proposed partial vacation and the extent to which-the vacation affects the authority of any person, corporation, or munici- pality 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 partial 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 partial vacation shall continue. BY ORDER OF THE CITY COUNCIL. The Council shall con- * FLORENCE B. HALLBERG City Clerk Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. FAIRVIEW SOUTHDALE HOSPITAL BOND SALE AUTHORIZED. attorney representing Fairview Southdale Hospital recalled that the sale of bonds Mr. James Van Valkenburg, is being sought to pay for an addition to the hospital of 22,000 square feet for cardiac care facilities, and advised that parking variances have been resolved by the Board of Appeals and Adjustments. He explained that the difference in these bonds and othe;- types of bonds 'is that there is always a reserve for Payment for-at least one year so that the City will know in advance that payments Will be made. to publish prices .z.or consumers and has made a commitment to bid on Edina's Community Health Program. offered the following resolution and moved its adoption: . . Member Tumer commented on the fact that Fairview Southdale has agreed No further discussion being heard, Member Rkhards 'RESOLUTION AUTHORIZING THE SALG AND ISSUANCE OF HOSPITAL SYSTEM REVENUE' BONDS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO FINANCE A PROJECT THEREUNDER FOR THE BENEFIT OF FAIRVIETJ COMMUNITY HOSPITALS AND AUTHORIZING THE EXECUTION OF DOCWiENTS AND OTHER UTTERS RELATING THERETO ' BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City"), as follows : Section 1. Authorization and Recitals. It is hereby found, determined and declared as follows: 1.01. 474, as amended (the "Act"), to issue its revenue bonds and to make secured or unsecured loans to finance the acquisition of real property and the acquisition or construction of buildings and improvements on such real property and the installation of machinery and equipment of any and all kinds and any other personal properties deemed necessary in connection with a project, as defined in the Act. 1.02. Proposed Project and Bonds. Representatives of Fairview Community Hospitals, a nonprofit corporation organized and existing under the laws of the State of Minnesota ("FCH"), have proposed that the City, acting under and pursuant to the Act, issue and sell its $4,500,000 Hospital System Revenue Bonds (Fairview Community Hospitals) 1982 Series A (the "Eonds"), the proceeds of which are to be used to finance the acquisition, construction and equipping of a 22,000 gross Square foot addition to the second level of Fairview-Southdale Hospital located within the City at 6401 France Avenue South (as more fully described'in the documents referred to in Section 1.04 hereof, herein referred to as the "Project"). Pursuant to the proposal the proceeds of the Bonds will be loaned by the City to FCH and FCH agrees to issue obligations under which it agrees to make. payments sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. 1.03 Preliminary City Approval. February 22, 1982, gave preliminary approval to the Project and the issuance of revenue bonds under the Act following a public hearing on the proposal to undertake and finance the Project duly noticed and held on February 22, 1982. 1.04. Forms of the following documents relating to the Project and the Bonds have been prepared and submitted to this Council and are hereby directed to be filed in the office of the City Clerk: (a) the Note Purchase Agreement (the "Note Purchase Agreement"), to be dated as of May 1, 1982, proposed to be made and entered into between the City and FCH; (b) the Indenture of Trust and Pledge (the "Bond Indenture"), to be dated as of May 1, 1982, proposed to be made and entered into between the City and Northwestern National Bank of Minneapolis, a national banking association, as trustee (the "Bond Trustee"); General Authority. The City is authorized by Minnesota Statutes, Chapter This Council has by resolution adopted on Documentation. I 51 17/82 (c) the Master Trust Indenture (the "Master Indenture"), dated as of September 1, 1978, between FCH and First National Bank of Minneapolis, a national banking association, as trustee (the "Mascer Indenture") ; May 1, 1982, proposed to be made and entered into between FCH and the Master Trustee ; "Series I Note"), dated May 1, 1982 of FCH to be issued pursuant to the Supplemental Indenture ; and entered into by and among the City, FCH and The First Boston Corporation, Dain Bosworth Incorporated and Piper, Jaffray & Hopwood Incorporated, as Representatives (the "Repre'sentatives") of the several underwriters referred to therein (the "Underwriters"); and dated May 7, 1982. Section 2. Findings. It is hereby found, determined and declared that: (a) the Project, 8s defined herein and in the Loan Agreement, constitutes a project authorized by Section 474.02, Subdivision IC of the Act; (b) the purpose of the Project is and the effect thereof will be to promote the public welfare by encouraging and retaining the location, retention and development of economically sound industry and commerce within the City so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; by promoting the use of available resources of the community thereby retaining the benefit of its existing investment in educational and public service facilities; by discouraging the movement of talented, educated personnel of mature age to other areas, thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and by providing necessary health care facilities, to the end that adequate health care services be made available to residents of the State of Minnesota at reasonable cost; the Project is located in the City, at a site which is readily accessible to employees residing within the City and the surrounding community; the Project has been approved by the Commissioner of Energy, Planning and Development of the State of Minnesota, as tending to further the purposes and policies of the Act; principal amount of $4,500,000, the execution and delivery of the Note Purchase Agreement, the Bond Indenture and the Contract of Purchase and the performance of all covenants and agreements of the City contained in the Note Purchase Agreement, the Bond Indenture and the Contract of Purchase and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Note Purchase Agreement, the Bond Indenture and the Contract of Purchase and the Bonds valid and binding obligations in accordance with their tenus, are authorized by the Act; Bonds (Fairview Community Hospitals), 1982 Series A, in the amount of $4,500,000 be issued by the City upon the terms set forth in the Bond Indenture, under the provisions of which all of the City's right, title and interest in the Note Purchase Agreement, the Master Indenture, the Series I Note and the Supplemental Indenture, except for the right of the City for administrative expenses and indemnification, will be pledged and assigned to the Bond Trustee as security for the payment of the principal of, premium, if any, and interest on the Bonds; the Series I Note will be issued in a principal amount equal to the principal amount of the Bonds, maturing suEficiently to pay when due the principal (d) Supplemental. Indenture No. 11 (the "Supplemental Indenture"), dated as- of (e) the Fairview Community Hospitals, Series I Note (Edina Issue No. 1) (the . (f) a Contract of Purchase (the "Contract of Purchase"), proposed to be made -1; (8) the Preliminary Official Statement (the "Preliminary Official Statement"), (c) (d) (e) the financing of the Project, the authorization of the Bonds in the (f) it is desirable that a series of bonds entitled Hospital System Revenue (g) of, premium, if any, and interest on Bonds; and the Note Purchase Agreement also provides that FCH is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments, if any, levied upon or with respect to the Project site and payable during the term of the Note Purchase Agreement ; and under the provisions of Section 474.10 of the Act and as provided in the Note Purchase Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds of the City other than the revenues and payments pledged to the payment thereof; the City is not subject to any liability thereon and no holders of the Bonds shall ever have the right to compel any exercise of the taxing powers of the City to pay any of the Bonds or the interest thereon nor to enforce payment thereof against any property of the City, except the revenues and payments under the Note Purchase Agreement, the Master Indenture, the Supplemental Indenture (h) 5/ 17/82 95 p. 0 m a and the Series I Note pledged to the payment thereof; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property Of the City, except the revenues and payments under the Note Purchase Agreement, the Master 'Indenture, the Supplemental Indenture and the Series I Note pledged to the payment thereof; each Bond issued under the Indenture shall recite that the Bonds, including interest thereon, are payable solely from the revenues and payments pledged to the payment thereof; and no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation; provided, however, that nothing contained in this paragraph (h) shall impair the rights of the holders of the Bonds or the Bond Trustee to enforce covenants made for the security of the payment of principal of, premium, if any, and interest on the Bonds. - -- 3. Approval of Documents. The forms of the Note Purchase Agreement, the Bond Indenture, the Supplemental Indenture, the Master Indenture, the Series I Note and the Contract of Purchase referred to in Section 1.04 hereof are approved subject to such modifications as are deemed appropriate and approved by the City Attorney and the City Manager, which approval shall be conclusively evidenced by execution of the Note Purchase Agreement, the Bond Indenture, the Contract of Purchase and the Bonds by the Mayor and City Manager. The Mayor and City Manager are directed to execute the Note Purchase Agreement upon execution thereof by FCH, to execute the Bond Indenture upon 'execution thereof by the Bond Trustee and to execute the Contract of Purchase upon execution thereof by the Representatives and FCH. documents shall be delivered, filed and recorded as provided therein. The Mayor and City Manager are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated (including, without limitation, all of the certificates, agreements and other instruments as may be required by the documents approved by this Resolution), which instruments shall be deemed to be certificates or agreements, as the case may be, of the City. The Supplemental Indenture (which includes the form of the Series I Note) shall be executed and delivered by FCH and the Master Trustee in substantially the form hereinabove approved, subject to additions thereto and deletions therefrom approved by the officers of the City executing the Note Purchase Agreement, the Bond Indenture and the Contract of Purchase, which approval shall be conclusively presumed by the execution of the Note Purchase Agreement, the Bond Indenture and the Contract of Purchase by the officers of the City. 4. The 8onds; Terms, Sale and Execution. 4.01. The City hereby authorizes the issuance of t'ne Bonds in the principal amount of $4,500,000. The Bonds shall bear interest at the annual rates set forth opposite their maturity years below, from date of issue until paid or duly called €or redemption 'and shall mature on May 1 in the years and amounts as. follows : Copies of all of the Authorization. - Year Amount Interest Rate Year 1985 . 150,000 9.25% 1990 Amount Interest Rate - 245,000 11.00% 1986 165,000 9.75% 1991 270,000 11.25% 1987 185,000 10.00%' 1992 305,000 11.50% 1988 200,000 10.25% 1998 2,760,000 ' 12.25% 1989 220,000 10.75% The Bonds maturing May 1, 1998, will be subject to mandatory redemption prior to maturity, by lot, at a redemption price of 100% of the principal amount thereof plus accrued intarest to the redemption date on May 1 in the years and amounts as follows : Year 1993 - Amount 340,000 Year Amount 1996 480.000 1994 380 ; 000 1997 535; 000 1995 425,000 The Bonds shall be issued in the form and upon the terms, including the redemption provisions and other provisions set forth in the Bond Indenture which terms are for this purpose incorporated in this Resolution and made a part hereof. The proposal of the Underwriters to purchase the Bonds at the price and upon the terms set forth in the Contract of Purchase, is hereby found and determined to be reasonable and is hereby accepted. 4.02. The Mayor and City Manager are hereby authorized and directed to execute the Bonds as prescribed herein and in the Bond Indenture and to deliver ' them to the Bond Trustee, together with a certified copy of this resolution, the other documents required in the Indenture, and such other certificates, documents and instruments as may be appropriate to effect the transaction herein contemplated. The Bond Trustee is. hereby appointed authenticating agent pursuant to Minnesota Statutes, Section 475.55, Subdivision 1. The Bond Trustee and Citibank, N. A., in New York, New York, are hereby appointed as paying agents with respect to the Bonds, such appointment to be effective upon receipt by the City of written acceptance thereof. Execution. I . 51 17/82 4.03. various documents referred to above includes an approval or' such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City Manager prior to the ~ execution of the documents. 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 or disability of the Mayor, any of the doculnents authorized by this resolution to be executed, may be executed by the acting Mayor and in th? absence or disability of the City Manager by such officer of the City or member of the City Council, as may be designated by the City Manager or Mayor to execute such documents. Section 5. Authentication of Proceedings. The Mayor, City Manager and City Clerk and other officers of the City are authorized and directed to furnish to the Underwriters, FCH and bond counsel 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 and marketability of the Bonds as such facts appear from the books and records in the officer's 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. Section 6. Official Statement. The City hereby consents to the distribution of the Preliminary Official Statement and an Official Statement in substantially the form of the Preliminary Official Statement by theJnderwriters to potential purchasers of the Bonds. not participated in the preparation of the Preliminary Official Statement and will not participate in the preparation of the Official Statement and has made no independent investigation with respect to the inf omation contained therein or in the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy or completeness of such information. Section 7. The City Manager is hereby designated for all purposes of the Note Purchase Agreement, the Bond Indenture and the Contract of Purchase as the City official authorized to execute on behalf of the City certificates, requests or consents as provided 5% the Note Purchase Agrsement, the Ijond Indenture and the Contract of Purchase. - ,b Section 8. Effective Date. This Resolution shall take effect immediately. Modifications, Absence of Officers. The approval hereby given to the The City has Designation of City Representative. I . Rollcall : Ayes: Richards, Schmidt, Turner, Courtney 'Nays: None Abstaining: Bredesen Resolution adopted. r CLAIMS PAID. the following claims as per Pre-List dated May 17, 1982: General Fund, $222,270*15; Park Fund, $32,781.97; Art Center, $2,531.60; swimming pool, $1,278.98; Golf Courses $33,555.46; Arena, $9,201.70; Gun Range, '$185.36; Water Fund, $8,856*79; Sewer Fund, $151,189.49; Liquor Fund, $50,860.23; Construction, $88,764.28; IBR Fund, $273758.23; IBR #2, $228.22; Total, 629,462.46. Motion of Member Schmidt was seconded by briber Turner for Pament Of Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None The council's agenda having been covered, the Mayor declared the meeting Adjournment at 9:45 p.m. ..