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HomeMy WebLinkAbout19910520_regular96 MINUTES OF THE REGULAR mTING OF THE EDINA CITY COUNCIL HELD AT CITY HbT;L HAY 20, 1991 ROKLCAIL Answering rollcall were Members Kelly, Paulus, Rice, Smith, and Mayor Richards. CONSENT AGENDA ITEMS ADOPTED Motion was made by Member Kelly and was seconded by Member Paulus to approve and adopt the Council Consent Agenda items as presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *lIINUTES OF REGULBB MEETING OF HAY 6, 1991. APPROVED Motion was made by Member Kelly and vas seconded by Member Paulus to approve the Council Minutes of the Regular Meeting of Hay 6, 1991, as presented. Motion carried on rollcall vote, five ayes. *P-Y REZONING - R-1 SINGLE DUETLIXG UJKIT DISTRICT TO PCD-1. PUNNED COHHERCIBL DISTBICT. KENNEm DURB ASSOCIA!l!ES. CONTINUED To 6/3/91. Motion was made by Member Kelly and was seconded by Member Paulus to continue the public hearing on Preliminary Rezoning from R-1 Single Dwelling Unit District to PCD-1 Planned Commercial District at 3916 and 3918 Vest 44th Street to June 3, 1991, as requested by Kenneth Durr. Motion carried on rollcall vote, five ayes. ORDINANCE NO. 114-AI. ADOPTED. AIJDKING ISSUANCE OF PERMITS FOR CERTAIN V; SECOND READING WAIVED antenna was continued at the May 6, 1991, meeting and staff was asked to prepare an ordinance amendment and preamble to Ordinance No. 114 which would allow for the installation of a dish antenna on the roof of their store at 4915 France Avenue South. The Council had also asked that Walgreen's prepare examples of how they could screen the antenna from the view of persons residing at the adjacent apartment building to the north. Planner Larsen recalled that Walgreenfs request for a dish A letter dated May 16, 1991, has been submitted from Wayne Rice, Manager of the White Oaks Apartments, stating that at this time they are not requesting screening of the antenna. However, they asked that Walgreenfs agree to provide screening if the owners and/or residents so request at a later date. this recuest. Walgreenfs has agreed to David Rt,--ryan, architect for Walgreen's, presented sketches of the proposed dish antenna znd two options for screening: 1) A nine foot perpendicular prefinished metal se:een, and 2) A nine foot bent prefinished metal screen. Both screening options Tould screen the dish from the view of persons on the top floor of the apartment= building. Mr. Runyan said that, in their opinion, the dish by itself would produce less mass than either of the proposed screens. Walgreen's dish antenna installations. Mr. Runyan pointed out that the antenna would be installed in the center of the roof so that the buildingfs parapet wall and the antenna's location would make it less obtrusive. Member Rice asked if the dish antenna has to be white or if it could be painted to blend in better. Mr. Runyan said he has seen dish antennas that are of black mesh and that he would check on this and would let staff know. A third sketch illustrated the dish antenna without screening. Photographs were also shown of other - 5/20/91 r.. 97 ' Mayor Richards asked for confirmation of Walgreen's commitment to provide screening of the antenna if, at some point in the future, the Council felt screening was necessary. Mr. Runyan affirmed that Walgreen's would provide screening if subsequently requested by Council. Hember Smith moved adoption of the following Preamble and offered Ordinance No. 114-Al for First Reading, subject to the condition that Walgreen's sign an agreement to install screening for the dish antenna if requested by the City in the future : PB3UmLE VBEBehs, the City Council of the City of Edina, Minnesota, on March 4, 1991, did direct the City staff to conduct studies of the applicable plans and ordinances of the City, and to give information to, and to make recommendations to, the City Council relative to the need and desirability, if any, for adopting new or amending existing plans and ordinances of the City relating to restricting, regulating or controlling the erection, location, size and use of towers, antennas and dish antennas vithin the City; and the health, safety and welfare of the citizens of the City, the City Council found it necessary and desirable to adopt, and did adopt, on March 4, 1991, Ordinance No. 114 imposing a moratorium on the issuance of any permits for the construction, erection and relocation in the City of any tower, antenna or dish antenna, as defined in Ordinance No. 812 of the City; and City Council was advised that, prior to adoption of such ordinance, the Walgreen's drugstore building being constructed at West 49 1/2 Street and France Avenue in the City had received all necessary City permits and approvals for the erection of such building and the use thereof of Walgreen's as and for a drug store, and that the developers of such building had advised City Staff that it was imperative for such use, and that such use required, that a dish antenna be mounted on the roof of such building, and that City staff had advised the developers that they could comply with all City requirements for such a dish antenna, and that a permit for such dish antenna vould be obtainable; and studies by City staff and adopting Ordinance No. 114 to prevent uncontrolled proliferation of such towers, antennas, and dish antennas, especially in or near residential areas, so as to protect the health, safety or welfare of the citizens of the City, but the City Council recognizes that the developers of the Walgreen's building have incurred great expense in reliance on representations by City staff that a dish antenna could be placed on such building, and will suffer an undue hardship due to circumstances unique to that building not created by the developers if the moratorium is imposed as to the Walgreen's building, and that allowing a dish antenna on said building will not adversely affect the intent and purpose of the City Council in directing such studies and adopting Ordinance No. 114 if such antenna is limited in size and screened from view. VBEBehs, to allow such studies to go on and to protect the planning process and WHEREAS, subsequent to the adoption and effective date of Ordinance No. 114 the WHEREAS, it vas the intent and purpose of the City Council in directing such NOW, !I'HEREFORE, the City Council does hereby adopt the following ordinance: AN ORDINANCE AHEJ3DING ORDINANCE NO. 114 TO ISSUANCE OF PERMITS FOR CERTAIN ANTEFWU Section 1. Permits Allowed. Notwithstanding the moratorium imposed by ORDINANCE NO. 114-Al THE CITY COUIICIL OF "E CITY OF EDINA, MLrMESOTA, ORDAINS: Ordinance No. 114, and the provisions of that ordinance, a permit may be applied for, and issued, pursuant to applicable ordinances of the City, for a dish antenna to be situated on the roof of the Walgreen's building being constructed at West 49 1/2 Street and France Avenue in the City, provided such dish antenna does not exceed s3x (6) feet in diameter, does not exceed a height of eight (8) feet (when 98 5/20/91 measured frornthe roof to the compliance vith Section 10 of Planner. Sec. 2. Effective Date. its adoption and publication. highest point of the antenna) and is screened in Ordinance No. 825 and the plans approved by the Ciw I This ordinance shall be in full force and effect upon Motion for First Reading was seconded by Mayor Richards. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Member Paula then moved vaiver of Second Reading and adoption of Ordinance No 114-Al. Member Rice seconded the motion. Rollcall : Ayes: Paulus, Rice, Smith, Richards Nays: Kelly Ordinance adopted. PUBLIC HEARING CONDUCTED: COWR.E€ENSIVE PUN - Lbm) USE BECOWENDATIONS APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Larsen informed Council that the Community Development and Planning Commission considered the land use designation of two properties at their May 1, 1991, meeting and made recommendations as follows: Planner Site 1 (Leo Evans Propertv) - Avenue and Olinger Boulevard. in size. In 1982, the Council approved a preliminary plat and preliminary rezoning for'16 single family lots on the southerly portion of the property and 6 double bungalow lots along Vernon Avenue. and no proposals are currently pending on this property. the property owner has indicated verbally that he would not object to the change in designation. Attached to Single Family Residential (R-1). Generally located in the-southeast quadrant of Vernon The site is a vacant property approximately 9.5 acres No final approvals were requested or granted, I Planner Larsen said that Recommendation: Approve change in designation from Low Density Mayor Richards called for public comment on the recommendation; none was heard. Member Kelly said she hoped that something more imaginative could be done with the site. Planner Larsen explained that if such a proposal were to come forward, the Comprehensive Plan Land Use Designation would have to be revised through the public hearing process. Member Smith made a motion approving the change in designation from Lou Density Attached to Single Family Residential (R-1) for the Leo Evans property. seconded by Member Rice. Motion was Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Site 2 (Otto's Pond Propertv). - sac and north of Crosstown Highway 62. acres in size. City. Comprehensive Plan. Recommendation: Leave site as presently designated - Single Family Residential. Mayor Richards asked how the property would be accessed. that because Wooddale Avenue is only developed as a walking path from Nancy Lane south, public right of way access to the subject property would be from Millers Lane. Generally located east of the Millers Lane cul-de- The site is vacant property just over three No development proposal for this property has been reviewed by the The subject property is designated as Single Family Residential in the - Planner Larsen explained 512019 1 .. 99 Mayor Richards called for public comment on the recommendation; none was heard. was the consensus of the Council to not change the land use designation of the Otto's Pond property. It *PUBLIC EEARING ON COMPREHENSIVE PLAN-- USE REVISIONS FOR TAX INCREMENT DISTRICTS CONTINUED TO 6/17/91 Motion was made by Member Kelly and was seconded by Member Paulus to continue the Public Hearing on Comprehensive Plan-Land Use Revisions forLTax Increment Districts to June 17, 1991. Motion carried on rollcall vote - five ayes. PUBLIC EEARING CONDUCTED: VACATION OF EASlZMEML'S FOR UTJLITY AND DRAINAGE PURPOSES GRAJVFED FOR CLARK'S 2ND ADDITION: HEXRING ON VACATION OF CONSEBVATION EASEMENT OH LOT 5 CONTINUED TO 6/13/91 Affidavits of Notice were presented, approved and ordered placed on file. utility and drainage easements and vacation of the Lot 5 conservation easement, for Clark's Second Addition. Planner Larsen presented the requests for vacation of Vacation of Utility and Drainage Easements - The request to reduce the sideyard utility and drainage easements from six feet to five feet on all interior lot lines of Lots 1 through 13 of Block 1, Clark's 2nd Addition, is based on the City's required easement of 5 feet. Through an error by the surveyor, the plat indicated 6 foot easements. vacation of the sideyard utility/drainage easements and staff would recommend vacation of easements as requested. None of the utility companies.have any objection to the proposed No public comment or objections were heard. Member Rice introduced the following resolution and moved its adoption: RESOLUTION VACATING WEHENTS FOR UTILITY AND DRAINAGE PURPOSES WHEREAS, a resolution by the City Council, adopted the 6th of Hay, 1991, fixed a date for a public hearing on a proposed vacation of easements for drainage and utility purposes; and WEEREAS, tw weeks' published and posted notice of said hearing was given and the hearing was held on the 20th day of Hay, 1991, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacations be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the 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 ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described drainage and utility easements be and are hereby vacated effective as of Hay 21, 1991: One foot of the 6 foot wide utility and drainage easement adjoining the side lot lines as shown and dedicated, on Lots 1 through 13 inclusive, Block 1, CIARK'S 2ND ADDITION, according to the recorded plat thereof, described as follows: - The north 1.00 foot of the south 6.00 feet of said Lot 1, except the west - The south 1.00 foot of the north 6.00 feet and the north 1.00 foot of the 6.00 feet and the east 10.00 feet thereof. south 6.00 feet of said Lot 2, except the west 6.00 feet and east 10.00 feet thereof. - The west 1.00 foot of the east 6.00 feet of said Lot 12, except the north 5/20/91 100 10.00 feet and the south 6.00 feet thereof. The east 1.00 foot of the vest 6.00 feet of 10.00 feet and the south 6.00 feet thereof. The vest 1.00 foot of the east 6.00 feet of 6.00 feet and the south 10.00 feet thereof. The east 1.00 foot of the west 6.00 feet of 6.00 feet and the south 10.00 feet thereof. said Lot 13, except the north said Lot 11, except the north said Lot 10, excepc the north The northwesterly 1.00 foot of the southeasterly 6.00 feet of said Lot 9, except the vesterly 10.00 feet and the easterly 6.00 feet thereof. The south 1.00 foot of the north 6.00 feet and the northwesterly 1.00 foot of the southeasterly 6.00 feet of said Lot 3, except the west 6.00 feet and the east and northeasterly 10.00 feet thereof. The southeasterly 1.00 foot of the northvesterly 6.00 feet and the vest 1.00 foot of the east 6.00 feet of said Lot 4, except the vest and south 6.00 feet and except the northeasterly and the north 10.00 feet thereof. The east 1.00 foot of the west 6.00 feet and the west 1.00 foot of the east 6.00 feet of said Lot 5, except the south 6.00 feet and northerly 10.00 feet thereof. The east 1.00 foot of the west 6.00 feet and the vest and southwesterly 1.00 foot of the east and northeasterly 6.00 feet of said Lot 6, except the south 6.00 feet and the northerly 10.00 feet thereof. The southwesterly 1.00 foot of the northeasterly 6.00 feet and the east and northeasterly 1.00 foot of the west and southwesterly 6.00 feet of said Lot 7, except east and south 6.00 feet and except the northwesterly 10.00 feet thereof. The south 1.00 foot of the north 6.00 feet and the northeasterly 1.00 foot of the southwesterly 6.00 feet of said Lot 8 except the east 6.00 feet and the vesterly 10.00 feet thereof. The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor and filed vith the County Recorder, in accordance vith Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Vacation of Conservation Easement on Lot 5 - The developer has requested a 26 foot southerly adjustment of the conservation easement on Lot 5 to provide a more usable rear yard. Clark's 2nd addition includes a conservation easement over portions of Lots 4 through 8 of Block 1, which generally follows the 900 foot contour line. This contour line juts north into Lot 5 limiting the useable area on the lot. Although the lot is approximately 300 feet deep, the easement resulted in a useable lot depth of about 115 feet, less than the City's minimum lot depth of 120 feet. Other lots in the plat are not so severely impacted. Staff believes the request is reasonable, will result in an improved building site, and will not negatively impact neighboring properties or the remaining area covered by the conservation easement. - Member Smith suggested that the proposed vacation also include adjusting the conservation easement on Lots 4 and 6 so that the northerly boundary of the conservation easement would be the same for all three lots. said he would support the suggestion made by Member Smith. that the real impact is on Lot 5, which without the adjustment would have no backyard area. I Ron Clark, proponent, However, he emphasized 5/20/9 1 101 Member Paulus voiced concern that a precedent would be set by allowing the vacation of the conservation easement. to amend the conservation restriction of record on the plat, a preamble to the vacation resolution, which would be placed of record, could recite the reasoning for the vacation of this conservation easement. heard. Attorney Erickson opined that if the Council wished No public comment or objections were Member Smith made a motion to contiwe the public hearing on vacation of the conservation easement for Lot 5, Block 1, Clark's 2nd Addition to June 3, 1991, so that a preamble to the consemtion vacation resolution could be drafted and an adjustment of the consemtion easement line across Lots 4, 5, and 6 could be prepared for the Council's consideration. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION ADOPTED BI;LOVING ISSUANCE OF REVENUE BONDS FOR WALKER ASSISTED LIVING CORPORATION PROJECT AJ!lD APPROVING AHENDED PROGRAM FOR HOUSING DEVELOPMENT Assistant Manager Hughes recalled that on April 16, 1990, the Council granted final rezoning approval and final plat approval for a project proposed by Walker Assisted Living Corporation. The project proposed a 72 unit assisted living facility in the northwest quadrant of the Parklawn/York Avenues intersection. On May 21, 1990, the Council held a public hearing and gave preliminary approval for the issuance of City Revenue Bonds for this project. By memorandum dated May 16, 1991, Jerry Gilligan, Bond Counsel, has advised that since the Council action last May, no action occurred in connection with this project until last month. The developer has now begun working on structuring the bond issue and drafts of bond documents and an Official Statement have been prepared, circulated and discussed. Federal law requires a public hearing to be held on the revenue bonds within one year before the date of issuance of the bonds. public hearing was scheduled for May 20, 1991. from the preliminary approval previously given by Council is an increase in the maximum amount of the revenue bonds from $6,900,000 to $7,150,000. been drafted for consideration by the Council approving an amended housing program which would increase the maximum principal amount of the revenue bonds to $7,150,000, which reflects some costs associated with the project delay. approved by the Council, it is expected that closing documents will be prepared and the matter will again be presented to the Council for final approval in four to six weeks. Because of this requirement, a new The only change in the revenue bonds A resolution has If Staff would recommend adoption of the proposed resolution. Member Kelly questioned the increase in the principal amount and the term of 40 years for the revenue bonds. Walker Methodist, said the term of the bonds was the call of the underwriter which is Piper, Jaffray. The bonds are proposed for private placement with one or two bond funds. it is actually a small increase and is due primarily to the carrying costs on the land which has been held over the past year. In response, David Grant, Senior Corporate Counsel for As to the increase in the principal amount of the bonds, Mr. Grant said .- Member Rice asked who would guarantee the bonds. Methodist, Inc., the parent company for all Walker entities, would stand behind the bond issue. obligated to see that the payments are made. amount until such time as the debt coverage ratio is reached, which is anticipated to be 3 or 4 years. sufficient. The assets of Walker Methodist, Inc. are approximately $45 million. Mr. Grant stated that Walker Should there be a default in the payment of the indebtedness, Walker is The guarantee would be for the full By that time, the project should be stabilized and self- 5/20/91 102 Member Rice commented that, while he believed the project to be good, he was concerned about it being similar to the Vernon Terrace project and also that investors would think the bonds are an obligation of the City. that this would not be a public offering but would be a private bond offer to investors who understand a prospectus. Mr. Grant reiterated - Member Smith introduced the following resolution and wmed its adoption. RESOLUTION RETATING TO TBE ISSUANCE OF BEvEEmE BONDS PIJRsum TO Mmmsm STATU!l!ES, CXUPTER 462C; APPROVING AHENDED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT BE IT BESOLVED by the City Council of the City of Edina, Minnesota (the "City") as f ollovs : Resolution"), this Council approved a multifamily housing program (the "Program") prepared pursuant to the requirements of subdivision 5 of Section 462C.05 of Minnesota Statutes, Chapter 462C (the "Act"), and gave preliminary approval to the issuance of revenue bonds under the Act and as provided in the Program to finance a multifamily rental housing development to be located in the City to be owned by Walker Assisted Living Corporation I, a Minnesota nonprofit corporation (the "Developer"). The Program provided that the principal amount of the Bonds villnot exceed $6,900,000 and uillmature in not more than 30 years. Developer have proposed that the Program be amended to provide that the bonds shall mature in not more than 40 years (which is the maximum permitted by the Act) and that the principal awnmt of the bonds not exceed $7,150,000. A copy of an amended Program providing for such amendments to the Program has been prepared and is attached as Exhibit A hereto (the "Amended Program"). coneained in the Prior Resolution are hereby confirmed subject to the conditions on such approvals contained in the Prior Resolution. Section 1. Recitals. By a resolution adopted on May 21, 1990 (the "Prior Representatives of the Sec. 2. Approvals. The Amended Program is hereby approved and the approvals Passed and adopted by the City Council of the Ciq of Edina, mesota, this 20th day of May, 1991. e Mayor 5Lb!L$ Attest: -%&&A % Clty Clerk Member Smith introduced the following exhibit A and moved its adoption: BESOLUTION EXHIBIT A ED=, ~SOTA AMENDED PROGRAM FOR A MULTIFAMILY HOUSING DEVEIDPMEN!I! Pursuant to Minnesota Statutes, Chapter 462C (the "Act") the City of Edina (the "Cityn) has been authorized to develop and administer programs of multifamily housing developments under the circumstances and vithin the limitations set forth in the Act. In particular, Section 462C.05, subd. l(a), provides that the City may assist in the acquisition of a site and the construction of a new development. Minnesota Statutes, Section 462C.07 authorizes such programs for a multifamily housing development to be financed by revenue bonds issued by the City. revenue bonds (the "Bonds") to finance the acquisition and construction of a 72-unit multifamily housing development located at the northwest corner of the intersection of York Avenue South and Parklawn Avenue in the City (the "Project"). will be owned by Walker Assisted Living Corporation I, a Minnesota nonprofit corooration (the wBorrowerw). The Borrorer is an affiliate of Walker Residence It is proposed that the City issue one or more series of multifamily housing The Project 5/20/91 103 Group. for frail elderly who require managed assistance wich daily activities but do not need to be institutionalized. occupants of the Project, including the availability of three meals daily, housekeeping, transportation, security, social and recreational activities and managed care services, or five units per cluster, each surrounding a common social area. will contain a mixture of studio and one-bedroom units including kitchens. units will be specially designed for frail elderly persons. amenities include a main parlor dining room, library and social activities room. considered the information contained in the City's 462C housing plan, of which this Program forms a part (the "Housing Plan"), including particularly (1) the availability and affordability of other government housing programs; (2) the availability and affordability of private market financing for the acquisition of multi-family housing units (3) the recent housing trends and future needs of persons and families residing and expected to reside in the City. compliance with the Housing Plan and its objectives and the cost to the City. facilitate the financing of the Project. Bonds, the proceeds of which will be lent to the Borrower and applied to pay the costs of the Project. years and will be priced to the market at time of issuance. Bonds to be issued will not exceed $7,150,000.00. The City intends to select and contract with a trustee experienced in trust matters to administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds or amounts paid by the Borrower, no administrative costs will be paid from the City's budget with respect to this Program. obligation bonds of the City, but are expected to be paid from revenues of the Project and any additional collateral pledged by the Borrower or an affiliate. Project Pursuant to this Pronram. apply with respect to the operation of the Project by the Borrower pursuant to this Program: pay costs of issuance of the Bonds and establish a reserve fund for the Bonds. funds will be made available to the Borrower pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Borrower. 2. The Borrower will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, age or status with regard to public assistance or disability. 3. The Project will be operated primarily for the benefit of elderly persons. SUBSECTION C. if any of its provision, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. authorized hereby are outstanding to the detriment of the holders of such Bonds. The Project will be rented primarily to persons 55 or older, and is designed Assisted living servfces will be provided to the Living units in the Project will consist of separate cluster groups with four The cluster group The The common area In establishing this multifamily housing program (the "Program") the City has The City, in adopting this Program, has further considered the Program and its SUBSECTION A. Pronram for Financiw the Project. It is proposed that the City To do this, the City expects to issue the It is contemplated that the Bonds shall mature in not more than forty (40) The principal amount of The City will hire no additional staff for the administration of the Program. The Bonds will not be general SUBSECTION B. Standards and Requirements Relating to the Financin~ of the The folloving standards and requirements shall 1. The proceeds of the sale of the Bonds will be used to finance the Project, The Severability. The provisions of this Program are severable and - SUBSECTION D. Amendment. The City shall not amend this Program while Bonds Motion was seconded by Member Kelly. 5/20/91 104 Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. I REQUEST M REKOVE DISH ANTEMW3 FROM MORATORIUM NOT GRANTED France Avenue South, spoke to his letter of May 8, 1991, which requested an audience with the Council regarding removal of dish antennas from the antenna moratorium which went into effect March 4, 1991. Attached to his letter was information for the Council's review regarding the rights of individuals to have access to satellite communications as recommended by federal authorities and agencies. Jim Aufderheide, 5330 Mr. Aufderheide said that he has had a good working relationship with the City's Planning and Inspections Departments since 1985 when the original ordinance regulating antennas was adopted. He explained that recently he attempted to apply for a permit to install a dish antenna for a resident of Edina and was informed of the moratorium on all antennas. antennas from the moratorium ordinance. He asked the council to consider removing dish After discussion, it.was the consensus of the Council to not remove the dish antennas from the antenna moratorium ordinance until the study is completed and the Council has determined whether the ordinance needs modification. *BID AWARDED FOR ARTICULATED SIDEWALK PLOW Motion vas made by Member Kelly and seconded by Member Paulus for award of bid for one sidewalk plow to recommended second bidder, HacQueen Equipment, at $55,186.00. Motion carried on rollcall vote - five ayes. I *AWARD OF BID FOR SEI;F-PROPEILED !WEEPFCR COLoTINUED TO 6/3/91 Motion vas made by Member Kelly and vas seconded by Member Paulus to continue the award of bid for one self-propelled sweeper to June 3, 1991. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR CHARACTEB SCA"ER/INDEXER Motion vas made by Member Kelly and vas seconded by Member Paulus for award of bid for one Character Scanner/Indexer to recommended sole bidder, Software Marketing International, for $13,242.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SPECIAL EVEWl! GRAND OPENING AT C- LAKES PARK Motion vas made by Member Kelly.and was seconded by Member Paulus for a grand opening "Dancing Waters" celebration at Centennial bkes Park, to be funded in total by Gabbert and Beck and bukka Development, at $10,000.00. Motion carried on rollcall vote - five ayes. TRAFFIC SAFETY COHMI'J!!CEE MN[pIIES OF 5/14/91 APPROVED that for item (1) of Section A, the Traffic Safety Committee had received a request for a I'Deaf Child" sign to be placed in the vicinity of 4901 Poppy Lane. Committee recommended installation of the sign. Engineer Hoffman explained The For item (1) of Section C, the request was to upgrade the intersection of West 60th Street and Chowen Avenue to a 4-way "STOP". enforcement efforts by the Traffic Enforcement Unit and revisit this item at the August meeting. For item (2) of Section C, the request was to discuss traffic concerns on Tracy Avenue between Valley View Road and West 70th Street. conduct a license survey and traffic counts on Tracy Avenue during peak rush hour times and continue the item to the July 16, 1991, meeting. Jill Dushinske, 6621 The Committee recommended to continue I I The Committee recommended to 5/20/91 Tracy Av., and Pete Nelson, 5705 Lois Lane, were that traffic from the Crosstown Highway is using industrial park area. 10 present and spoke to their concern Tracy as a short cut to the For item (3) of Section C, the request was to discuss traffic concerns on Washington Avenue and Lincoln Drive as it relates to truck traffic. The Committee recommended to refer this matter to MNDOT for their response. For item (4) of Section C, the request was to discuss parking concerns in the City Hall parking lot. The Committee recommended five recommendations that the Council could forward to the City Manager. For item (5) of Section C, the request was to discuss the 50th & France parking ramps. reports their findings to City Council. The Committee recommended deferring ramp issues until the Staff Committee Member Smith made a motion to approve the following recommended action listed in Section A of the Traffic Safety Committee Minutes of Hay 14, 1991, 1) To install a "DW CHILD" sign to be place in the area of 4901 Poppy Lane and to and to aclmovledge Sections B and C of the Mhutes. include traffic instruction on both Poppy Lane and West Shore Drive. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. STOREFRON!C UPDA!IE GIVEN ON YOUTH ACTION Fagin, Youth Counselling Program Director was invited to discuss programs available within the schools and also through out-patient family programs. Ms. Fagin reported that Storefrontflouth Action tries to promote a continuum of care in the community from kindergarten through high school, through elementary and junior high social workers, senior high chemical health social workers and an outpatient program. Ms. Fagin introduced Jane Donovan, High School Chemical Health/Coordinator/Social Worker, Rosemary McGuire, High School Counselor, Kathy Stanville, Junior High Social Worker, Nancy Schoenherr K-6 Social Worker, and Bob Binger Family Therapist in the Outpatient Program. They noted that their cases include child abuse, suicide, alcohol/drug abuse, family change, crisis, ESL (exchange students), Alateen, no- smoking programs, etc. to help resources in their own communities. In response to a request by Council, Beth They stated they were pleased to be able to direct families Member Kelly inquired about the number of Edina students that are in the youth counseling program, which far surpasses other communities. Ms. Fagin said she believes the reason these statistics are high is that Edina has wisely used funding for staff. community driven. Some preventive work is done, but the most work is dealing with existing problems. ability to pay. fee collected. Many times there is no mental health insurance coverage available for the adolescent so Storefront/Youth Action is an option because it is based on ability to pay. The decisions to do staffing was not a choice of the agency but was Fees for the services are based on a sliding scale with the Approximately $27,000 was raised in 1990 with $7 being the average 5 - In response to Member Smith's inquiry, Ms. Fagin told that the School District does not fund all of Ms. Donovan's position; money is raised in the community, through funding from cities and Hennepin County helps to support the position. Storefront/Youth Action total budget of $750,000, 25% came from Edina; however, 46% of clients seen were Edina residents. A few years ago the schools had a Chemical Health Coordinator to create community awareness, but the broad based programming did not work when there were needy kids to help. Ms. Fagin told that Jay Jaffee, is Of the 5/20/91 106 working at the community level and is funded in part by the Rotary. Member Paulus said her concern was that, while statistics indicate a low number of adolescents now, projections show the number will increase and what will happen when they reach high school age. request for funding will be increased accordingly. intervention at the elementary level it is hoped that future high school age cases will be mostly assessment and referral. only projected change would be possibly a social worker in the high school. She said it is important to know now if the agency's Ms. Fagin responded that by Even with population ebbs and flows the Member Smith commented that he felt the responsibility should go back to the parents concerning handling the problems of "growing upvv. that philosophy and that by counseling now better parenting will come from these students when they reach that role. Bob Binger said he agreed with Mayor Richards thanked the Storefrontflouth Action staff for updating the Council on their goals and activities. 50TH & FEUNCE PARKING COJ!JTROL PIAN ADOPTED & France Parking Committee Report presented at the last meeting had been referred to staff and representatives of the 50th & France Association to finalize a parking control plan for the area. finalized. Engineer Hoffman recalled that the 50th He pointed out the following revisions to the Plan as Item 5: Enforcement of time limits be handled by a parking enforcement agent hired by the City and authorized to give tickets, with ability to be in radio contact with the Edina Police. Review Team Recommendation: It was agreed to use off-duty police officers for the first six months after construction is completed (August 1 to February 1). an estimated cost of $4,200.00. This cost would translate into an additional S.013 per assessable square foot on the annual maintenance assessment. The commitment would be six hours weekly at Item 7: Loading zones be established in the following locations: (a) On both sides of 50th just west of France Avenue. (b) A space on West 49 1/2 Street next to the north side of what will be the middle ramp. (c) The area on France Avenue just south of West 49 1/2 Street. Review Team Recommendation: (a) After consulting with MTC on the bus bay/drop off areas, it is recommended on a temporary basis to use the first westbound 50th Street bay for loading and unloading until 11:OO A.M. daily, then revert to bus usage thereafter. (b) It is recommended to not indicate a loading zone on West 49 1/2 Street because it is not wide enough for a safe loading zone. (c) It is recommended that the loading zone on France Avenue just south of West 49 1/2 Street be a temporary installation to determine whether it can be done safely and not interfere with traffic on France Avenue. - Hosmer Brown, Chair of the 50th & France Parking Committee, recommended approval of the Parking Control Plan as finalized. team that the various items of the Plan be evaluated in six months. He said it was the consensus of the review Member Rice asked how the enforcement officer would get around and how the sticker 5/20/91 107 issue was resolved. car but would do the actual enforcement work on foot. that upon proper identification to the Police Department, an additional sticker will be given to be used on a second registered vehicle at no extra charge. Chief Swanson said the officer would reach the area by squad Engineer Hoffman explained Member Paulus commented that, if the employees did not increase their participation in the purchase of stickers and continued abusing the parking regulations, the parking problems would not be alleviated. would create the demand for the purchase of stickers. Mr. Brown responded that enforcement Member Smith moved the following action: 1) To approve the Parking Control Plan for the 50th & France commercial area as finalized and presented, 2) To instruct staff to proceed to implement the Plan, 3) To assess the costs for the enforcement officer back to the property owners of the 50th 6. France bushes's district, and 4) To review and evaluate the Plan in February, 1992. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. POLICE COMPUTER SEARCH COMMITTEE REPORT GIVEN Manager Rosland advised that three years ago the Police Department formed a computer search committee to explore options relating to the entire public safety computer issue. Edina's public safety computer system has been tied directly to the LOGIS joint powers program since 1983. The costs for the LOGIS system are now over $50,000 per year and are projected to be exceed $340,000 over the next six years. The software (police program) used by LOGIS was upgraded during 1989-90. provides a police record system along with CAD (computer-aided dispatch). upgrade was the first improvement since 1983. It provides basic police records and information, but does not accommodate other public safety needs (fire and emergency medical service (EMS)). Edina did not convert to the '89-90 program and remains on the 1983 program. It This LOGIS hasJnformed the City that in 1992 it will no longer support the older system. LOGIS wants notification by June 28, 1991, of Edina's intentions to either convert to the new program or withdraw from MGIS. Several years prior to the committee's life, monies for police computerization had beewreserved in the long-range capital plan. +- b In its research, the committee has found the following: Computer technology has changed markedly since 1983. There has been a proliferation of public safety software. Many proprietor-owned systems provide greater capability and flexibility than the Fire and EMS records, reporting and dispatching can be consolidated into a single system. .+- Greater accuracy and better management information can be incorporated into a consolidated system. Total costs for a proprietor-owned computer system fall within budgeted amounts. Annual continuing costs will be reduced by 50% per year and stabilized. Certain provider incentives as a demonstration site may occur due to Minneapolis being the location of the International Association of Chiefs of Police 1991 convention in October. LOGIS system. '% - Given the findings, the committee outlined basic computer needs for not only police records, but fire and EMS requirements. providers, cost estimates and annual savings appeared to be within budget After consultation with a number of 5/20/91 108 allocations. and it was let in April. The committee moved to the preparation of a request for proposal (RFP) Manager Rosland concluded by saying that it was likely that bids would be brought . before Council in June. It was the consensus of the Council that the Committee's process be continued. 6/10/91 SET FOR SPECIAL OPEN MEETING - TAX JXCREMENT DISTRICTS that a date be set for a Special Meeting relative to projects at Vernon/Grandview tax increment financing district. Council's views. Mayor Richards asked In order to proceed, staff needs to know the Council Members were asked to submit agenda items by June 3, 1991. Member Rice asked for a chronology of the district before the meeting. Member Paulus made a motion setting June 10, 1991, from 5:OO - 7:OO P.M. as a Special Meeting date to discuss the Vernon/GranMew Tax Increment Districts. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. WN-SALE vIEIE/BEER LICENSE APPROVED FOR ROSSINI'S RESTAURANT Motion was made by Member Kelly and vas seconded by Member Paulus to approval the issuance of an On- Sale Wine License and On-sale 3.2 Beer License to Rossini's Restaurant at 7373 France Avenue South. Motion carried on rollcall vote - five ayes. I WN-SATZ WINE LICENSE APPROVED Motion vas made by Member Kelly and was seconded by Member Paulus to apprave On-sale Wine License renewals for: Dayton's Boundary Waters, Bravo! Italian Specialties, Empress, Good Earth, Pantry, Original Pancake House/My Pie, Szechuan Star, Vie de France, Tour de France, ant2,Q. Cumbers. Motion carried on rollcall vote - five ayes. -4 .- 4 --3 *1991 CONTRACT - IAFF MCAL 1275 APPROVED seconded by Member Paulus to authorize execution of the IAk Local 1275 C6htract for 1991 vhich vas negotiated to include a 1991 &ge adjhtnent of 4%-,-a $20.0O-ptk month increase in the City's contribution toward City-pre-ded benefits, and a, $25.00 per year increase in uniform allowance. Motion wag made by Member KeTly and vas OI- I-- -.-Am Motion carried on rollcall vote - five ayes. w NINE MILE CReEK WATERSHED DISTRICT TOUR SCHEDULED Council's attention to the Annual Nine Mile Creek Watershed District Tour on Thursday, May 30, 1991. REHJXDER OF 1991AHM ANNUAL MEETJXG DA!CE - MY 30. 1991 Manager Rosland encouraged the Council to attend the 1991 Association of Metropolitan Municipaiimes (AMM) Annual Meeting, May 30, 1991. Reservations were required by May 23, 1991. Mayor Richards called to the Those planning to attend should RSVP by noon on May 24. sf -4 NORHANDALE GO- COURSE PROPOSED PURCHASE NOTED the possible purchase of the Normandale Golf Course. before Council and the proposed purchase was voted down and the property stayed in private ownership. six acres being retained by the owners, the Rauenhorst Corporation. This would be in conjunction with the Rauenhorst Corporation's efforts to rezone the six acres for commercial development. After brief discussion, Manager Rosland was requested to provide a report to the Council on the proposal for acquisition of the property, including the proposed commercial use by Rauenhorst. Mayor Richards gave background on Four years ago the issue came - He stated that now twenty-two of the acres are for sale, with I 5/20/91 109 REPORT GIVEN ON STATUS OF TAX BILL Manager Rosland gave the provisions of the compromise tax bill now before the expected to be signed by the Governor: the following summary of Legislature which is High-valued homes wili be reduced from 3% to 2.5% in 1991; to 2% in 1993. The first tier'has been extended from $68,000 to $72,000. The second tier has been extended from $110,000 to $115,000. Commercial industrial property tax rates will be lowered from 4.95% to 4.75% in 1991, 4.70% in 1993 and 4.60% in 1994. The rate on apartments will be reduced from 3.6% to 3.5% in 1992, and to 3.4% in 1993. There will be a $35 million local government aid/HACA cut in December of 1991. Current LGA formulas will remain in effect for 1991. A local government sales tax of 1/2 cent will be permitted. This tax to be decided at the county level. Levy limits have not been finalized but it is expected that cities/counties will be prohibited from levying for the $35 million cut for pay 1992. The top income tax rate will be 8.5%. There was discussion on the local government sales tax and the fact that, because Edina receives no local government aid, the City would receive no benefit. The question was raised as to why Edina would favor such a sales tax. Mayor Richards suggested that the Council be given a summary of the bill as finally adopted. *CLAIMS PAID Motion was made by Member Kelly and was seconded by Member Paulus to approve payment of the following claims as shown in detail on the Check Register dated 5/20/91 and consisting of 32 pages: General Fund $332,027.56, Communications $1,004.19, Art Center $2,331.06, Capital Fund $13,332.91, Swimming Pool Fund $186.82, Golf Course Fund $58,786.79, Recreation Center Fund $9,675.52, Gun Range Fund $1,583.76, Edinboraugh Park $19,102.12, Utility Fund $23,906.55, Storm Sewer Utility $2,200.77, Liquor Dispensary Fund $68,780.47, Construction Fund $383,309.23. TOTAL $916,227.75; and for confirmation of payment of the following claims as shown in detail on the Check Register dated 4/30/91 and consisting of 18 pages: General F'und $403,229.93, CDBG $285.00, Communications $17,499.00, Art Center $710.72, Swimming Pool Fund $30.28, Golf Course Fund $13,004.42, Recreation Center Fund $10,622.21, Gun Range Fund $214.16, Edinboraugh Park $5,953.66, Utility Fund $10,994.01, Storm Sewer Utility $48.89, Liquor Dispensary Fund $226,189.72, TOTAL $688,782.00. Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:50 P.M. -).%%.WA%- City Clerk