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HomeMy WebLinkAbout19891002_regular64 MINUTES OF THE REGULAR MEETING OF THE EDIHd CITP COUNCIL HELD AT CITY HALL OCTOBER 2, 1989 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSENT AGENDA ITEMS ADOPTED Motion vas made by Member Kelly and vas seconded by Member Rice to approve and adopt the consent agenda items as presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HIMUTES OF TBE REGULAR MEETING OF SEPTEMBER 18 AND SPECIAL MEETINGS OF HAY 8, JULY 6 AND AUGUST 21. 1989 APPROVED seconded by Member Rice to approve the Council Minutes of the Regular Meeting of September 18 and Special Meetings of Hay 8, July 6 and August 21, 1989. Motion carried on rollcall vote, five ayes. Motion vas made by Member Kelly and vas PUBLIC HEARING CONDUCTED ON PROPOSED PROPERTY TAX INCREASE AND 1990 BUDGET Affidavits of Notice were presented, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted on a proposed increase in property taxes for 1990 and the proposed 1990 Budget for the City of Edina . Mayor Richards informed the audience that the Council has had preliminary meetings concerning the proposed 1990 Budget in which the Council had set certain parameters for staff to consider when submitting the initial budget draft. From those meetings and formal presentations made by various groups the Council asked staff to bring back and submit for the Council's consideration at this hearing, after additional input from the public, a proposed budget to be adopted for 1990. Mayor Richards presented these 1990 Budget highlights: 1) Salaries are proposed to be increased 3%, 2) An increase of approximately $225,000 is proposed for new programs, e.g. $75,000 for comparable worth adjustments, $50,000 for elections, $75,000 for recyling and addition of a drug enforcement officer. would call for an increase of 4.7% over the 1989 Budget. That would amount to an increase of 1/2 of 1% impact on the real estate tax dollar. advised that as mandated by truth in taxation legislation, notice of this hearing was published in the Minneapolis Star Tribune, being the qualifying newspaper with the broadest circulation in the City. Manager Rosland commented that the truth in taxation legislation mandates cities to hold public hearings on proposed property tax increases and 1990 budgets as the outcome of the state government supporting so many communities to a great extent with local government aid dollars. The City of Edina presently receives and was proposed to receive $572,000 for 1990. would take that aid from the City and give it to the School District so that in essence the affect on Edina's taxpayer would be a wash. the state to give tax relief to many cities; unfortunately, Edina is not considered to need any form of tax relief. come from western Hennepin County suburbs, $56 million from the metro area, and approximately $7 million would come from outstate. great tax relief going on in outstate Minnesota and in other communities. Though the current tax bill probably is not good for Edina, the direction to get local governments and counties out of state aids is an appropriate one. If the aids to be given to the school districts is on a per capita formula, Edina will be better off in the long run. . I Total budget Mayor Richards. The tax bill passed in the special session There is a big push for Manager Rosland pointed out that the . present tax bill provides for a $66 million increase. Of this, $35 million would The down side is that there is I 10/2/89 65 Manager Rosland stated that the City Council does not control a large portion of the tax dollar. too low the county automatically increases those valuations. Council does do, however, is to strive to keep expenditures down and services at the best possible level. Although property valuations are made by the City Assessor, if What the City Graphics were presented illustrating: Effect of a 4.7% City levy increase (proposed 1990 Budget) - 1/2 of 1% increase in total tax bill Property Tax Distribution - School 50.98, County 30.9%, City 11.28, Miscellaneous Metro 7.0% 1988 Tax Levy Increase - School 24.1%, County 12.9%, City 5.0% Total Expenditures by Area - Public Safety 45%, Public Works 248, General Government 14%, Parks 13%, Non-Departmental 4% Total Expenditures by Type - Salaries 52%, Central Services 21%, Contractual Services 14%, Equipment 7%, Commodities 5% Distribution of Revenues by Type - Taxes 738, Fees and Charges 15%, Intergovernmental Aid 7%, Licenses and Permits 5% Mayor Richards stated that copies of all letters received concerning the property tax increase and 1990 Budget have been circulated to the Council Members. Public comment was then heard from the following citizens: Susan Palombo, 4624 Browndale Avenue, who questioned the need for a drug enforcement officer; Carlton Bailey, 4509 Drexel Avenue, who objected to the proposed budget increase; Bill Venell, 4614 Drexel Avenue, who asked why Edina does not deserve tax relief; Robert Anthony, 301 Griffit Street, who stated that he felt the proposed increase was justified and asked for clarification of golf course earnings reflected in the Capital Plan; John Palombo, 4624 Drexel Avenue, who asked if there is something in the current tax bill that will give tax relief in the future; Jack Washam, 4508 Drexel Avenue, who objected to the proposed budget increase and the increases in property taxes over the last two years, and expressed concern that increases in valuations of homes be spread throughout the City; Patrick Manion, 6121 Crescent Drive, who asked if+the proposed 1990 Budget was final; William Cooper, 5500 Mirror Lakes Drive, who questioned how market value of homes were determined. Mayor Richards then declared the public hearing closed, stating that the public comments made would be taken into account. He said it would be the intent that the Council would formally adopt the 1990 Budget at the meeting of October 16, 1989. that meeting. Any citizen with additional comments should contact the Council or attend Member Kelly asked if the budgeted amount for South Hennepin Human Services Council is at the 4.7% increase. Manager Rosland responded that it is. Member Smith commented that the increases in property taxes last year were due to a variety of reasons, e.g. re-evaluation of homes in some cases, School District increase of almost 25%, County budget increase of 12.9%, City increase of 5% and state mandated programs. increase in total tax bill of 1/2 of 1%. He reiterated that the proposed 4.7% would equate to an Member Paulus said that she had received calls from residents who were concerned that, because they have not made improvements to their homes, they would not be able to sell them for as much as the homes down the street who have made major improvements. improvements happening in their neighborhoods over which they have no control. second concern is that there is not an equal worth in houses.because many homes are improved without applying for building permits. Mayor Richards expressed appreciation to the citizens who attended the hearing. They feel their property taxes are increasing because of A 10/2/89 66 *AMENDMENTS TO SUBDIVISION BLPD ZONING ORDINANCES CONTINUED TO 10/16/89 Motion was made by Member Kelly hd was seconded by Member R€ce to continue the matter of Amendments to the Subdivison and Zoning Ordinances to October 16, 1989. Motion carried on rollcall vote, five ayes. *AHENDNT TO FINAL DEVELOP"T PIAN. EDINBOROUGH <HAWTHORN EDINB. INC.) CONTINUED TO 10/16/89 continue the matter of Amendment to Final Development Plan, Edinbrough (Hawthorn Edina, Inc.) to October 16, 1989. Motion was made by Member Kelly and was seconded by Member Rice to Motion carried on rollcall vote, five ayes. *AHEND- TO ORDINANCE NO. 825 - TO ADD A HOTEL AS A PERMTTED USE IN MHD-5 DISTRICT CONTINUED TO 10/16/89 by Member Rice to continue the matter of Amendment to Ordinance No. 825 - To Add a Hotel as a Permitted Use in MHD-5 District to October 16, 1989. Motion vas made by Member Kelly and vas seconded Motion carried on rollcall vote, five ayes. *LOT DIVISION APPROVED FOR LEO EVANS PROPERW Motion was made by Member Kelly and was seconded by Member Rice for adoption of the following resolution: VHEBEBS, the following described tracts of land constitute various separate parcels : RESOLUTION WEGNER TRACT: All that part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 21, described as follows: Beginning at a point on che West line of said Southeast Quarter of the Northwest Quarter distant 425.4 feet North from the Southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 32; thence North 87 degrees East a distance of 406.15 feet, thence north parallel with the West line of said Southeast Quarter of the Northwest Quarter a distance of 107.25 feet, thence South 87 degrees West a distance of 406.15 feet to the West line of the Southeast Quarter of the Northwest Quarter, thence South along said West line a distance of 107.25 feet to the point of beginning. EVANS TRACT: That part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 21, described as follows: Beginning at a point which center line of County Road intersects the West line of the Southeast Quarter of the Northwest Quarter; thence South along said Uest line 260 feet to a point 382 feet North of the Southwest corner of said Southeast Quarter of the Northwest Quarter; thence parallelvith center line of said County Road North 87 degrees East 565 feet to an iron post; thence North 46 degrees 36 minutes East 460.3 feet to an iron post; thence North 24 degrees 311ninutes East 319.1 feet; thence North 53 degrees 39 minutes East 225 feet more or less to the East line of the Southeast Quarter of the Northwest Quarter; thence North to the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly following centerline of said County mad to point of beginning, EXCEPT therefrom all that part lying Southerly and Southeasterly of the Northerly and Northwesterly line of EDINA HIGHLARDS LhKESIDE ADDITION, and further excepting therefrom all of the land above described as the WFZNER TRACT. VHEBEBS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called "Parcels"): UEGNER TRACT: That part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 21, Eennepin County, Minnesota, described as follows: Beginning at the intersection of the vest line of said Southeast Quarter of the Northwest Quarter 67 with the northerly line of ED= HI-S LAKESIDE ADDITION; thence easterljr along the northerly line of said EDINA HIGHLANDS LAKESIDE ADDITION 406.15 feet; thence northerly and parallel with the west line of said Southeast Quarter of the Northwest Quarter 107.25 feet; thence westerly and parallel with the northerly line of EDINA HIGHLANDS IAKESIDE ADDITION 406.15 feet to the west line of said Southeast Quarter of the Northwest Quarter; thence southerly along the west line of said Southeast Quarter of the Northwest Quarter 107.25 feet to the point of beginning. marked by Judicial Landmarks set pursuant to Torrens Case No. 14146. The north line of EDINA HIGHLANDS LAKESIDE ADDITION is EVANS TRACT: That part of the Southeast Quarter of the Northwest Quarter, Section 32, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at a point on the Northerly line of EDINA HIGHLBNDS LAKESIDE ADDITION distant 406.15 feet East along said Northerly line from the West line of said Southeast Quarter of the Northwest Quarter, said Northerly line is marked by Judicial Landmarks set pursuant to Torrens Case No. 14146; thence North parallel with the West line of said Southeast Quarter of the Northwest Quarter, 107.25 feet; thence West, parallel with said Northerly line, 406.15 feet to said West line; thence North along said Uest line 144.86 feet, more or less, to the center line of County Road No. 158; thence Northeasterly along said center line to the East line of said Southeast Quarter of the Northwest Quarter; thence South along said East line to the most Northerly corner of EDINA HIGHLANDS LAKESIDE ADDITION; thence Southwesterly and Westerly along the Northerly line of said addition, which line was determined in Torrens Case No. 14146, to the point of beginning. -, 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 purposes of the Subdivison and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, 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. Resolution adopted on rollcall vote, five ayes. DECISION OF BOARD OF APPEALS UPHELD: LOT WIDTH AND AREA VARIANCE GRANTED WITH CONDITIONS FOR NEW HOME AT 5616 WOODDALE AVENUE Planner Phil Dommer presented the appeal of the homeowners at 5600 Wooddale Avenue for the Board of Appeals decision to grant a lot width and area variance to build a new home on a 45' lot at 5616 Wooddale Avenue. He explained that the subject property is an existing platted lot measuring 45' x 187' which is developed with a single family home and large garage. have been combined into two 90 foot lots. The subject property and an adjacent property remain as 45 foot lots. greater. Planner Dommer stated that the homeowner desires to tear down the existing home and build a new house. substandard lot. At issue is the size of the lot; the current Zoning Ordinance The property is in a line of six 45 foot wide lots. Four of the lots Other lots in the area are 60 feet wide or A lot width and area variance are required to build on the 68 101 21 89 does not permit building or re-building on lots that are 45 feet wide, nor on lots less than 9,000 square feet. The Board of Appeals heard the variance request at their meeting of September 7, 1989 and reviewed the plan submitted by the proponent illustrating the new house for the property. comment from neighbors, the Board recommended approval of the variance request. Subsequently, the homeowner at 5600 Wooddale submitted a letter appealing the decision-and was joined in the appeal later on by five other neighbors. Following review and Mayor Richards called for comment from the proponent. Avenue, commented that he had not been given copies of the letters from the neighbors prior to this meeting. proposed new structure would not be in keeping with current homes in the neighborhood. immediate neighborhood pointing out that a home to the north is not in keeping with the neighborhood. any stipulations on granting of the variance. property for more than 13 years and finally is in a financial position to change the structure. last five years in trying to meet the City's requirement for maximum square footage on a lot. fit on a 45 foot lot. The front door is oriented to the north because that is the only way the design fits the physical constraints of the property. Robert Kosky, 5616 Wooddale He said one of the complaints raised is that the He presented photos of his existing house and of homes in the Mr. Kosky noted that the Board of Appeals did not place He said that he has owned the Further, that he has gone through several design changes in the He pointed out that it is very difficult to design a house to Mr. Kosky referred to the concern of his neighbor, Evelyn Gunn at 5606 Wooddale Avenue, concerning the driveway. He said that there was a problem some years back with a prior owner of the property. The City put a curb cut in for a driveway that according to the survey is partly on her property. Mr. Kosky said he had no intention of moving the driveway from the existing south side of the structure and that if the City wishes to reinstate the curb at that point he said he would have no problem with that, other than who would pay for that. As to other concerns raised in the letter signed by the neighbors, Mr. Kosky said they are strictly personal opinions as to aesthetics of the proposed structure. there are no two houses the same on either side of the street for three blocks in any direction and to say that any one building is out of compliance with the appearance of the neighborhood is difficult to do. Member Kelly asked if the Board of Appeals had seen the design of the proposed house. He observed that Mr. Kosky said they went over the plans at some length. David Lee, 5600 Wooddale Avenue, stated that he objected to the design of the new house because it does not fit with the neighborhood which is largely Colonial and Cape Code. It is quite blockish, has a flat roof and the main entrance is to the side as opposed to the front and the neighbors are concerned that it will affect their property values. notice of the meeting of the Board of Appeals. Mayor Richards asked Mr. Lee if his only concern was the style of the house and whether he had any problem with the granting of the lot width and area variance. has a right to build on his property but that he would like to see a structure that would fit in. He stated that some of the neighbors did not receive Mr. Lee responded that Mr. Kosky Member Paulus queried Mr. Lee as to who he felt should have the right to say what is appealing and not appealing. a building permit certain setback requirements have to be met but there is no requirement as to the design of the house. Mr. Lee said he would like to see something that is no larger than the existing structure as the lot really does not support a larger structure. Carol Gunn Evers stated that she is not a resident of Edina but grew up in the City and wanted to address the issue of her mother's house (5606 Wooddale) which is within 45 feet of the subject property. She commented that when an individual applies for I She said that over the last four years 10/2/89 .. 69 her mother has had to put up with the deteriorating conditions on the subject property and at t'imes with the parking of a trailer and motor home that extended onto her property. Mrs. Evers cited the recommendation from the staff report which stated "In areas of narrow lots, however, siting and window/door orientation is critical. ... Granting of the variance without conditions to orient the home to the front and rear in a traditional manner would be injurious to adjacent properties. In areas of close proximity and uniformity strikingly unique plans as those presented alter the essential character of the surroundings and may threaten property values of the adjacent properties." concerned about violation of property lines when the existing house is demolished and materials are hauled in for the new house. She also had a concern as to how respectful the useage of the north fronting entrance will be as long as a curb cut continues to be in place on the north side of the property. Mrs. Evers concluded by saying that her mother is faced with her major investment, her property, being threatened. In the City of Edina unique style homes are common place. She said that her mother was Craig Scofield, 5601 Wooddale Avenue, stated that he did not personally know the owner of the subject property, that he grew up two houses from where he is living presently and moved back to Edina because of its strict code compliance. that most of the houses in that area of Wooddale are Colonial or Cape Code in style. Mr. Scofield commented that, although it was not up to him to say what kind of house Mr. Kosky should build, few houses in Edina have side entrances. concluded by saying that new homes in Edina should go with the neighborhood. In response to the concerns expressed, Mr. Kosky stated that the proposed new house is not bigger than the existing one, certainly not in width. the trailer referred to was a truck, since has been removed, and was not parked in violation of any ordinance. He commented that he did not realize the vehicle was parked three feet onto the neighbor's property and would have moved it sooner. Mr. Kosky stated that if the City is willing to remove the curb cut it should be removed. As to comment about the flat roof, he said that the existing house has a flat roof over 40% of the building and the house diagonally from the Lee residence has a flat roof on the attached garage. He reiterated that'there is not much that can be done regarding design on a 45 foot lot and still have a driveway. Member. Smith made a motion to reverse the decision of the Board of Appeals and to deny the variance request, based upon the staff recommendation for denial. was seconded by Member Paulus. the siting/door orientation could be redesigned and if this has been discussed with the proponent. redesigned. Member Paulus asked counsel if the variance could be granted with conditions. Attorney Erickson opined that it could be granted subject to the re-orientation of the house (normal front yard, back yard arrangement). Because this is a legal, non-conforming lot it does require a variance; however, all requirements for the variance have been met. The Council could require as a condition to granting the variance, to protect the adjacent properties and to further the spirit and intent of the ordinance, that the house be re-oriented to the normal front yard, back yard arrangement. Mayor Richards called the question. He noted He He said that Motion Member Paulus asked Planner Dommer if staff felt Planner Dommer said staff believed those points can be Rollcall : Ayes: Smith Nays: Kelly, Paulus, Rice, Richards Motion defeated. Following further discussion, Member Paulus made a motion to'uphold the decision of the Board of Appeals and to grant the lot vidth and area variance, subject to the house being redesigned so that the front entrance is oriented to the east and that the outdoor living areas are oriented east/west. Member Smith. Motion was seconded by 10/2/89 70 Rollcall : Ayes: Kelly, Paulus, Rice, Smith Nays : Richards Motion carried. Mayor Richards commented that he voted no for the reason that he did not support any conditions being attached to granting of the variance. Mayor Richards cautioned that, to avoid any arguments in the future, the redesigned plan be shown to the neighbors and if there is any reasonable doubt as to the conclusion reached that the plan be brought back to the Council to make sure that it complies with the intent of the motion passed by the Council. FIRST READING GRANTED FOR ORDINANCE NO. 451-A6 (ADDING REGUIATIONS FOR MDD-6 DISTRICT1 Planner Craig Larsen presented the proposed amendment to Ordinance No. 451 advising that currently there are no sign regulations for the Mixed Development District, MDD-6 (Centennial Lakes). The proposed amendment would add specific requirements for the MDD-6 District. overall development signage, signage on individual projects within the development, and for retail-commercial as a principal use. The proposed requirements for wall signs for retail-commercial would be the same as for all other retail uses in the City. and park uses remain the same as in other Mixed Development Districts. Member Kelly asked why we would allow the same type of signage on the retail component in the Mixed Development District as is allowed for Southdale or the Galleria as it does not have the same square footage and would impact differently because of the mixed uses. Planner Larsen responded that the intent was to treat the retail usage in Centennial Lakes the same as if were a free standing retail use elsewhere in the City. It would establish requirements for Signage requirements for the office, residential Member Smith said he was concerned about the orientation of the signage toward the residential and park components of the mixed use development. felt the proposed ordinance amendment should deal with that issue. Planner Larsen said that the signage that is proposed for the Centennial Lakes project conforms to the ordinance amendment and none of the proposed signage that staff has seen to date orients towards the park or the residential side of the development. additional requirement that it does not orient to those areas would be in order. Mmber Smith then introduced Ordinance No. 451-A6 for First Reading as presented and on file in the office of the City Clerk, subject to an addendum prior to adoption that would address orientation. Motion for First Reading was seconded by Member Rice. He said that he An Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. *HEBRING DATE OF 10/16/89 SET FOR ZONING ORDINANCE AMENDMENT TO ATLOW PRIVATE CLUBS IA PC-1 COMMJBCIAL DISTRICT Motion was made by Member Kelly and vas seconded by Member Rice to set October 16, 1989 as hearing date for a Zoning Ordinance Amendment to Allow Private Clubs in the PC-1 Commercial District. Motion carried on rollcall vote, five ayes. *AWARD OF BID FOR STORH SEWER IMPROVEWENT N0.S STS-195. STS-196 AND STS-200 CONTINUED TO 10/16/89 Motion was made by Member Kelly and vas seconded by Member Rice to continue to October 16, 1989 the avard of bid for Storm Sewer Improvement NOS. STS-195, STS-196 and STS-200. Motion carried on rollcall vote, five ayes. *BIDS REJECTED FOR VAN VAIXEXBURG PARK LIGHTING. SCOREBOARD & P.A. SYSTEM; PROJECTS TO BE RE-BID Motion vas made by Member Kelly and vas seconded by Member 1012189 71 Rice to reject all bids for Van Valkenburg Park lighting, scoreboard and public address system and directing that the projects be re-bid. Motion carried on rollcall vote, five ayes. BIDS RK;IECTED FOR ART CENTW EXPANSION: PROJECT TO BE RE-BID Park and Recreation Director Kojetin advised that all bids opened for the Art Center Expansion exceeded the $200,000 budget that had been approved by the Council for the project. re-bid. Staff would also recommend that the specifications for re-bid include a completion date of June, 1990 in order to eliminate an increase of 7% for winter construction. architect to re-orient some of the design within the plans to bring the project in at a cost of of approximately $185,000. Staff would recommend rejection of all bids and that the project be Director Kojetin said that staff would be working with the project Following discussion, Member Smith made a motion to reject all bids for the Art Center Expansion and to direct that the project be re-bid. Member Rice. Motion was seconded by Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PUBLIC HEARING CONDUCTED ON PROPOSED ISSUANCE BY THE CITP OF G.O. TAX INCREMENT REFUNDING BONDS: RESOLUTION ADOPTED AUTHORIZING ISSUANCE AND PROVIDING FOR PUBLIC SALTI TEEREOF Pursuant to due notice given, a public hearing was conducted on the proposed issuance by the City of Edina of General Obligation Tax increment Refunding Bonds. The proposal is that the City issue its general obligation tax increment refunding bonds (the Refunding Bonds) in order to refund in advance of their maturity all or a portion of the City's General Obligation Tax Increment Bonds, Series 1985, dated September 1, 1985, in the aggregate principal amount of $12,000,000. Finance Director John Wallin stated that this public hearing is being conducted for the following reasons: 1) To solicit public comment, 2) To facilitate Council discussion, and 3) To call for public sale of the refunding bonds. He advised that currently interest rates have risen since the proposal was initiated making it no longer feasible to reach the $400,000 debt service savings in accordance with prior direction of the Council in March of 1987 and at the public hearing held April 18, 1988. discussion would expedite the process if interest rates drop. bond counsel was present to respond to questions. I Finance Director Wallin said that this public hearing and He indicated that Member Kelly stated that it has been the City's position not to call bonds and asked if a shortfall is anticipated that would precipitate refunding the bonds. Manager Rosland recalled that at both prior public hearings concerning bond refunding the Council approved the refunding if a debt service savings of $400,000 would be realized. provide a refunding mechanism. The Council again can decide whether to approve or disapprove the bond refunding. He pointed out that the 1985 Series was the first issue to As to potential shortfall, Manager Rosland stated that there was no potential shortfall when the two prior hearings were held for bond refunding. because there is housing within the City's tax increment districts, there is a potential for shortfall on the bonds in six or seven years because of legislative action to do away with the homestead credit. Mayor Richards observed that by that time there may be further development within the district and that it was important to note that this is not something that will, in fact, occur. Presently, Member Smith asked if the buyers of these bonds did so knowing that the City had the ability to call them and if this was taken into account when the bonds were purchased. asked how the process could be expedited so that we could take advantage of the In response, Director Wallin said that was correct. Member Smith then 1012189 72 lower interest rate window. Jerry Gilligan, bond counsel, said that the Council could take action calling for sale with an indefinite date, or with a definite date to be continued from time to time, when the market appears ready and authorize staff to proceed when the savings are there at the level set by the Council. Member Rice asked for the rationale in setting the $400,000 savings threshold. Attorney Gilligan said that under state statute there is a 3% limit for full defeasance. Member Kelly asked if this would do anything to the City's bond rating. Gilligan stated that since the City would be getting savings it should enhance rather than hurt the bond rating as it would be considered a prudent financial action. Attorney Member Smith introduced the following resolution and maved its adoption: RESOUTTION RELBTING TO GENERAL OBLIGATION TBX INCREMENT REFUNDING BONDS; AUTHORIZING THE ISSUAMCE THEREOF BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City) as f ollovs : 1. Authorization. Pursuant to Minnesota Statutes, Section 469.178 and Chapter 475 the City has issued its General Obligation Tax Increment Bonds, Series 1985 (the SEries 1985 Bonds) in the original principal amount of $12,000,000. The Series 1985 Bonds are presently in the amount of $11,850,000. The City presently estimates that it can effect a substantial annual debt service savings by refunding the outstanding bonds described above which are callable for redemption and prepayment by the City in advance of their maturities in accordance with Minnesota Statutes, Section 475.67; and the City hereby authorized the issuance and sale of up to $13,400,000 in aggregate principal amount of general obligation refunding bonds (the Bonds), the proceeds of which, together vith other available moneys of the CiQ, shall be used for this purpose, pursuant to Minnesota Statutes, Section 475.52. 2. Terms of Bonds: Sale Date. The City Mhnager is hereby authorized to set a sale date for the Bonds at such time as it is expected that the present value of the debt service on the Bonds is at least $400,000 less than the debt sedce on the SEries 1985 Bonds to be refunded, all as computed in accordance with Section 475.67, subdivision 12. At such sale date this Council shall meet for the purpose of approving the terms of the Bonds and considering bids for the purchase thereof. I ATTEST : 1 v Mayor *&--a . City Clerk Motion for the adoption of the foregoing resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PUBLIC HEBRING CONDUCTED ON ON-SALE UTNE LICENSE FEES Pursuant to due notice given, a public hearing was conducted to consider increasing the fees for on-sale wine licenses in accordance with Chapter 104 (H.F. 1405), 1989 Legislative Session. Mayor Richards noted that a letter objecting to the fee increase had been received from Bravo! Ristorante Italiano, 3910 West 50th Street. Mayor Richards called for public comment on the proposed license fee increase. comment or objection was heard. increase in on-sale vlne license fees as presented. Rice. No Motion was seconded by Member Member Smith moved approval of the proposed Ayes: Kelly, Paulus, Rice, Smith, Richards 10/2/89 .. Motion carried. 73 PROPOSED FEES AND CHARGES FOR 1990 PRESENTED the schedule of proposed Fees and Charges for 1990 for the General Fund and Enterprise Funds. Member Kelly asked if the proposed fees and charges would meet the City's costs and if Building Department fees are comparable to what other cities are charging. Manager Rosland said that the department heads were asked to take two things into consideration, e.g. the burden rate as well as a reasonable increase in proposing fees and charges for 1990. Most of the fees and charges in the enterprise funds are meeting costs. He stated that many of the Building Department fees are based on the State Building Code, also that they are comparable to what other communities are charging. Finance Director Wallin presented Member Kelly also asked how much of the ambulance charge would normally be reimbursable by health insurance and that she was concerned that the charge is getting so high that individuals may hesitate to call for the service when needed. Further, she asked what percentage of the billings are being collected and what Hennepin County charges for ambulance service. amount of reimbursement depends on the type of coverage. covered by Medicare and Medicaid and depending on the services performed enroute to the hospital Medicare may or may not pay. paying 20-30% out of their own pockets. Presently the City is collecting 96% of the ambulance billings. services. Chief Paulfranz said that the A lot of people are He stated that citizens in Edina are Hennepin County charges more for comparable ambulance Member Smith asked if the proposed fees and charges for Park and Recreation have been reviewed by the Park Board. approved by the Park Board at their last meeting. Further discussion was focused on fees for vending machines, special assessment searches and Planning Department fees for developments as to recovering costs. Director Wallin responded that those were I Finance Director Wallin referred to the proposed water and sewer rate increases and explained that the rate increase is due to higher sewage treatment costs. stated that sanitary sewer charges account for approximately 75% of the utility bill with virtually all of this attributable to the Metropolitan Waste Control Commission charges. water rate side for several reasons: 1) Low water rates encourage heavier use during dry summer periods and cause water shortages that threaten the Fire Department's ability to fight fires and result in high repairs bills for pumping equipment, and 2) To encourage conservation of water during the summer months. He Staff would propose that the increase be weighted towards the Discussion followed with the majority of the Council not in favor of the staff recommendation. Mayor Richards asked that a modified proposal be brought back on October 16 for consideration by the Council. Mayor Richards said the proposed fees and charges would be formally approved when the 1990 Budget will be adopted. *RESOLUTION ADOPTED APPROVING 1990-91 COMMUNITY HEALTH SERVICES PLAN UPDATE Motion was made by Member Kelly and was seconded by Member Rice for adoption of the following resolution: RESOLUTION BPPROVING THE PLAN FOR PROVISION OF COMMUNITY HEALTH SERVICES IN THE CITP OF EDINA AND THE SUBMISSION OF AN APPLICATION FOR THE COMMUNITY HEALTH SERVICES ACT SUBSIDY WHEREAS, the City Council of the City of Edina is the official governing body of the City of Ed- and functions as the official Board of Health in the City of Edina; and WHEREAS, the City Council is committed to promote, support and maintain the health of the entire community at the highest level; and I 74 10/2/89 VHWEBS, the Community Health Services Act provides for subsidies in support of public health services on the local level throughout the State of Minnesota; and VHWEBS, a special needs study has been made and a special public meeting held relative to the needs and priorities of the community for Community Health Services; and VHWEBS.-the Community Health Services Advisory Committee of the City of Ed- has reviewed the plan for the provision of public health services in the City of Edina and recommends its approval to the City Council; and VHWEBS, the City Council has reviewed this self-same plan and finds it consistent with the needs and priorities of the community as determined by the Community Health Services Advisory Committee and as expressed by the citizens of Edina; NOW, THEaeFoRE, BE IT RESOLVED by the City Council of the City of Edina that the Community Health Services Plan for the City of Ed- is approved and authorization is hereby given to submit an application for the Community Health Services Act subsidy for the years 1990-91. ADOPTED this 2nd day of October, 1989. I Motion carried on rollcall vote, five ayes. APPOINTMENT TO COMMUNITY DFXELOPMENT AND PLANNTMG COMMISSION TO BE MADE 10/16/89 Mayor Richards stated that he had a name to submit for appointment on October 16 to the Community Development and Planning Commission to fill the vacancy created by the resignation of Del M. Johnson. forwarded to the Council Members prior to that meeting. are to be considered names should be submitted prior thereto. The resume of the individual will be If any other individuals *HEBRING DATE OF 11/06/89 SET FOR VACATION OF OLD COUNTY ROAD RIGHT OF WAY 0330 EVANS PROPERTY> for adoption of the following resolution: Motion was made by Member Kelly and was seconded by Member Rice RESOLUTION C-G PUBLIC HEBRING ON VACATION OF EASEMENT FOR STREET PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. street 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 that the following described easement for The old road sometimes referenced as "the old County Road" or the "old Eden Prairie road" lying within the following described property: That part of the Southeast Quarter of the Northwest Quarter, Section 32, Tamship 117, Range 21, Hennepin County, Minnesota, described as follows: of ED= HIGHLANDS IAKESIDE ADDITION distant 406.15 feet East along said northerly line from the west line of said Southeast Quarter of the Northwest Quarter, said northerly line is marked by Judicial landmarks set pursuant to Torrens Case No. 14146; thence North, parallel with the west line of said Southeast Quarter of the Northwest Quarter, 107.25 feet; thence Uest, parallel with said northerly line, 406.15 feet to said Uest line; thence North along said Uest line 144.86 feet, more or less, to the center line of County Road No. 158; thence northeasterly along said center line to the East line of said Southeast Quarter of the Northwest Quarter; thence South along said East line to the most northerly comer of EDINA HIGHLANDS IAKESIDE ADDITION; thence southwesterly and westerly along the northerly line of said addition, which line was determined in Torrens Case No. 14146, to the point of beginning. Except, however, that this vacation shall not include the existing right of way for County Road No. 158, also known as Vernon Avenue, or the existing right of way for Olinger Road. Beginning at a point on the northerly line 10/2/89 L. 75 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a veek for two weeks, in the Edina Sun--Current, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. This Council shall meet at the time and place specified in the form of notice Such notice shall be in substantially the following form: ' NOTICE OF PUBLIC HEARING ON VACATION OF EBSEMEWJ! FOR STREET RIGHT OF WAY PURPOSES IN THE CITP OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS BEBEBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 U. 50th Street on November 6, 1989 at 7:OO p.m., for the purpose of holding a public hearing on the proposed vacation of the following easement for street right of way purposes: (Same as legal description in paragraph 1. above) All persons who desire to be heard with respect to the question of whether or not the above proposed street 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 any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Marcella H. Daehn, City Clerk Motion carried on rollcall vote, five ayes. LETTER FROM WHITE OAKS IMPROVEMENT ASSOCIATION ACKNOWLEDGED Hughes referred to the September 19, 1989 letter from the White Oaks Improvement Association concerning the acquisition and preservation of the Townes Road Marsh. He recommended that the Council consider adoption of a resolution, that the marsh remain in a "natural condition" as requested by the Association, after the closing on the property scheduled for October 9, 1989. Assistant Manager LETTER FROM U.S. CONFERENCE OF MAYORS REGARDING CHARLESTON HURRICANE DISASTER Manager Rosland referred to a letter from the U.S. Conference of Mayors conveying Charleston Mayor Joe Riley's request for help following the recent hurricane disaster. that the City participate in aiding the victims. In checking with the local Salvation Army agency they indicated that there no longer is a need for clothing, food only is needed through Friday of this week, but diapers for babies are still needed. Manager Rosland said staff could work on collection of assistance if the Council so directed. He said he also had received a phone call from a resident suggesting Member Kelly asked if the phone number of the'salvation Army has been published in the Star Tribune and suggested the it be put in the Edina Sun-Current, on cable and/or on the bulletin board at City Hall so that individuals who wished to participate in the relief effort could do so on a personal basis. Member Rice commented that the President has been down there and has offered several billion dollars in disaster relief and that it would be a waste of staff time although well intentioned. No formal action was taken. 76 10/2/89 SHHSC BUDGET REVISIONS REPORTED Member Kelly reported that at the board meeting of South Hennepin Human Services Council (SHHSC) last week the decision was made not to fund the position of administrative assistant. parttime basis by extending the hours of an individual already employed. SHHSC is still working on the Northgate project in an attempt to get rent-free space. - I The work will be done on a. Also, BOARD OF EDUCATION STRhTEGIC PLANNING MEETING POSTPONED that the Board of Education Strategic Planning Meeting that was scheduled for September 20 was cancelled and will be rescheduled. Member Paulus reported PROPER!C'Y OVRW NOTIFICATION OF COZIPLBINTS ON RENTAL PROPERTY DISCUSSED Member Kelly said she had received a phone call from a citizen on Limerick Lane who lives next door to a home that is being rented. with two children, who apparently is using the home as a shelter for run away teenagers. disturbances resulting in the police being called. owner of the property should be notified if police are called to the rental property. to report the incident. this was going on. transients that can live within a home. The renter is a psychologist, a woman A number of things have occurred, the last being fireworks and other The citizen is asking that the The citizen had obtained the name of the property owner and had called The owner had responded that he had no knowledge that Another question is the number of unrelated people and/or Manager Rosland commented that when the Police Department goes to a home they have no way of knowing if this is rental property. This is a tough problem because the owner also would not know that the property is being misused. Hughes explained that the Zoning Ordinance does not prohibit unrelated people from living together in a dwelling. As to transients, he recalled the case of the home on Waterman Avenue when a lot of research was done on the issue. The other requirement deals with customary home occupations. practicing out of the home there would be a limitation on employees working in the home. of the dwelling. Assistant Manager If the psychologist is No individuals could be employed in that business other than the residents Member Kelly said that she understood that Planner Larsen had contacted the renter at the subject house and had dealt with the issue. She said she understood why an ordinance that would provide for notification of the property owner on these types of complaints would not be feasible. to be dealt with one at a time. No action was taken. Manager Rosland said that these cases have REQUEST FOR STOP SIGN AT JEFFREY LANE NOTED phone call regarding the issue of a stop sign at Jeffrey Lane because of the crosswalk that has now been marked following reconstruction of Blake Road. asked if that was a requirement because of the crosswalk. that point on Blake Road was chosen for the crosswalk because it provided the greatest sight distances from both directions. caller to present the request to the Traffic Safety Committee. Member Kelly said she had received a She Engineer Hoffman said Member Kelly said she had told the CONCERN EXPRESSED REGARDING COMMUNICATION UITE CITP her concern regarding the information she had received from the City Planner relating to the redevelopment proposal for the Lewis Engineeringfiunz Oil property. that this matter would not be brought to the Council for several months and then to have found the item on the HRA Agenda for this meeting necessitating her calling the citizens back to tell them that it was on the current agenda. said she was concerned that the Planner did not have current information on the status of the redevelopment. Member Kelly expressed She said it was embarrassing to have related information to citizens She Manager Rosland said he would apologize for any lack of communication and would discuss this with the staff involved. Member Smith noted that this was a 10 J.2 / 89 .- 77 redevelopment issue which is normally handled by the HRA Director and that the call may have bee'n more appropriately directed to that individual. SCHOOL BOARDDARK BOARD MEMBER DISCUSSED Member Rice made reference to the Edina Park Board minutes of September 12, 1989 in regard to the school board member issue. The minutes indicated that a suggestion has been made that the School Board should appoint a member at large from the district who would represent the School Board at the meetings of the Park Board. Park Director Bob Kojetin explained that the suggestion was made because Scott Johnson, the School Board representative, has not attended meetings for approximately the last year. He said that he had reminded the Park Board members that the ordinance requires that the Park Board membership shall include a member of the School Board and any change from that would require amending the ordinance. The Park Board recommended that the ordinance be changed or modified to accommodate the situation. Bob Christianson, Park Board Chair, had indicated that he would discuss this with the School Board and the Mayor concerning the process and additional information will then be provided to the Council. I RECYCLING HOTLINE PROCEDURE CRITICIZED Member Paulus said that she was concerned about the response from the BFI recycling hotline when she had called that number the past two weeks because her recycling had not been picked up. She said the person answering the hotline had suggested that the recyling be held until the next week for pickup and that the manner in which the call was handled was rude. She said she was concerned because the contract with BFI provides for pickup of recyclables once a week and that they are being paid accordingly. She said she was disappointed that the hotline calls are being handled in such a negative way. Member Smith said he had the same problem with how the recycling program is being handled. He said he had purposely left his container at the curb to see if a notice about location would be left. No notice was left and the container also was not returned to the garage. He said the City is paying for pickup at the garage with return of the container and the job is not getting done. Also, the residents are still confused as to placement of recyclables, garbage and yard waste . IFEALTH STANDARDS AT COMMUNITY CENTER QUESTIONED had received several phone calls from citizens that are concerned about the health standards at the Edina Community Center. restrooms near the Early Childhood, Special Education and Community Education areas are not fit for public use and that there is a rodent problem. Member Paulus reported that she Specifically, they complained that the Member Smith responded that the Community Center Board has debated the custodial care of the building, that they have had trouble with custodians and that the problem would be handled. LETTERS CONCERN POLICY ON GOLF LEAGUES REFERRED TO PARK DIRECTOR Mayor Richards stated he had received a number of letters about the policy relating to golf leagues which he referred to Park Director Kojetin. He asked when this would be on the Council Agenda. Director Kojetin said it would be discussed by the Park Board at their October 10 meeting and a recommendation would then be brought to the Council. *CLAIMS PAID approve payment of the following claims as per pre-list dated 10/10/89: General Fund $128,356.06, C.D.B.G. $3,318.41, Communications $3,944.68, Art Center $5,615.00, Swimming Pool Fund $162.95, Golf Course Fund $13,859.13, Recreation Center Fund $1,577.24, Gun Range Fund $2,186.18, Edinborough Park $10,616.01, Utility Fund $250,316.84, Storm Sewer Utility $182.62, Liquor Dispensary Fund $11,311.14, Cons$ruction Fund $15,631.90, Total $447,078.16 Motion was made by Member Kelly and was seconded by Member Rice to 10/2/89 c Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:08 p.m. %&2$U City Clerk