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
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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
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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
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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.
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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
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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