HomeMy WebLinkAbout19910819_regular173 llINUTES
OF TEE REGmda MEETING OF THE
EDII?A CITY COUNCIL HELD AT CITY HAIL
AUGUST 19, 1991
ROUCATL Answering rollcall were Members Kelly, Paulus, Rice,
Richards.
CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith
by Member Rice to approve and adopt the Council Consent Agenda
presented.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MINUTES OF REGULAR LIEETING OF AUGUST 5. 1991 APPROVED Motion
Smith and Mayor
and was seconded
items as
was made by Member
Smith and was seconded by Member Rice to approve the Council Minutes of the
Regular Meeting of August 5, 1991.
Motion carried on rollcall vote, five ayes.
PRETJHINARY AND FINAL PLAT APPROVED FOR JY"D VHITPJEY ADDITION <LOT 2, BLOCK 1,
HMR WOODS)
Presentation bv Planner
Planner Larsen informed Council that, as requested at the August 5, 1991,
meeting, the developers have submitted an alternative four lot plat for Lot 2,
Block 1, Muir Woods for comparison with the five lot plat originally presented.
The four lot plat would retain the public street almost identical to the five lot
proposal and one of the middle lots along Valley View Road has been eliminated.
All lots in the four lot plat and the proposed five lot plat exceed the median
lot size and dimensions of the 500 foot neighborhood and no variances are
required for either plat.
The Planning Commission recommended the following conditions to preliminary plat
approval :
1,
2.
3.
4.
5.
Development Agreement - Including disposition of Outlot A so as to not
preclude access for the adjacent property by virtue of right of way or
dedication.
Developers Agreement for Public Improvements - The agreement includes a
maximum seven percent street grade for the new public street; the developers
are requesting that be modified to eight percent.
review and approve all retaining walls necessary adjacent to the public
street.
prior to construction of new homes.
Final Plat Approval.
Subdivision Dedication.
Conservation Agreement.
The City Engineer would
Removal of all trees would be approved by the Planning Department
Presentation for DeveloDers
Mike Gair, representing the developers, presented boards illustrating the
alternative four lot subdivision and explained how the individual homesites could
be accessed taking into account the very difficult terrain.
alternative that was considered whereby the public road would end approximately
at the southwesterly boundary of Lot 1, with private drives to Lots 3 and 4.
disadvantage would be the potential problems and concerns raised by private
drives upwards of 400 feet.
immediately to the west. From a site design perspective, the proposed four lot
proposal would maintain public access, eliminate the private driveways, provide
access continuity to the west and would give best high elevation access to the
two lots on the upper level.
He pointed out an
The
It would also preclude public access to the property
174. 8/19/91
Mr. Gair then spoke to the five lot subdivision that was before the Council on
two previous occasions and was the subject of the Planning Commission's action.
He presented the following points in support of the five lot plat: 1) All lots
exceed the lot width, lot depth and lot area requirements and are consistent with
the symmetry and geometry of adjoining properties.
minimal impact on the character of the area and the conservation easement will
preserve the existing vegetation along Valley View Road.
View Road will provide safe sight distances. 4) Storm water drainage system will
reduce drainage onto neighboring properties. 5) The homesites will be high
quality, will have good amenities, will be well situated within the topography to
encourage market responsiveness. Mr. Gair concluded by commenting that the
development of the five lot subdivision would not be detrimental to the character
of the area and urged the Council to give favorable consideration to the five lot
subdivision with an eight percent road grade.
I 2) The subdivision will have
3) Access from Valley
Public Comment
Mayor Richards noted correspondence had been received from G.E. Knudsvig, 6920 -
Dakota Trail; Celia & Orrin-Eames, 7011 Valley View Road; and Mary Cary, 6908
Dakota Trail, generally in support of the subdivision.
Jim Denovick, proposed developer of the Peper property, said that the eight
percent road grade is very important to maintain the trees and to provide access
to the west.
Daniel Spiegel, 7104 Valley View Road, presented current enlarged photographs of
the area. His concern was that the heavily wooded look of the area be preserved.
Council Comment/Action
Mayor Richards commented that the developers have provided the information
requested by the Council in submitting a four lot subdivision.
Council has indicated that some type of subdivision of the property will occur.
Mayor Richards then called for action by the Council.
Collectively, the
Member Rice inquired as to the kind of controls in the developers agreement would
insure the public improvements.
developers failed to perform the City could have the work completed and the costs
could be charged back against the property.
clarification of the development agreement regarding Outlot A.
explained that the agreement calls for Outlot A to be dedicated for a public
street; or alternatively, to dedicate it as right of way to provide access to the
property to the west without intervention by a third party.
commented that he favored the five lot, eight percent grade subdivision.
spoke to the concerns that had been expressed by the neighbors and how he felt
they had been addressed. Further, that the proposed subdivision meets all the
ordinance requirements, is a good project and should go ahead.
Attorney Erickson explained that if the
Member Rice also asked for
Planner Larsen
Member Rice
He
Member Smith commented that he was one who had asked to see a legitimate four lot
subdivision and that he appreciated the presentation pointing out the negatives.
He said he would support the five lot subdivision as originally presented.
Member Rice made a motion for preliminary approval of the five lot subdivision,
with a public road grade of eight percent, subject to: 1) Development Agreement,
2) Developers Agreement for Public Improvements, 3) Final Plat Approval, 4)
Conservation Easement, and 5) Subdivision Dedication, and moved adoption of the
following resolution:
RESOLUTION APPROVING PIWXWWRY PLAT
FOB JYL4ND WHITREP ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "JYLAND UEITNKZ ADDITION", platted by Uhitney Peyton and
Nancy Peyton, and Jyland Uhitney, Inc., and presented at the regular meeting of
8/19/91 175 the City Council of August 19, 1991, be and is hereby granted preliminary plat
approval.
Motion was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith
Nays: Richards
Resolution adopted.
Mayor Richards commented that he had voted against the proposed subdivision
because of the density.
the past two months, final plat approval be granted also.
He suggested that, since this matter had been heard for
Member Paulus then introduced the following resolution and moved its adoption,
subject to: 1) Development Agreement in the form provided to the Council, but, as
to Outlot A, granting to City, without cost, full and unconditional use of Outlot
A for public road purposes, and otherwise on terms and conditions to be approved
by the City Planner and attorney, 2) Developers Agreement for Public
Improvements, 3) Forty foot Conservation Easement and 4) Subdivision Dedication
in the amount of $40,000.00.
RESOLUTION APPROVING FINAL PLAT
FOR JPLBND VBITNEY ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "JPLBND UHI!R?EY ADDITIONw, platted by Whitney E. Peyton and
Nancy 0. Peyton, husband and vife, and Jyland Development, Inc., a Minnesota
corporation, and presented at the regular meeting of the City Council of August
19, 1991, be and is hereby granted final plat approval.
Motion was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
(Member Smith left the meeting temporarily at 7:45 P.M.)
ORDINANCE NO. 825-A42 ADOPTED GRANTING FINAL REZONING FROM 8-2 DOUBLE DUELLING
UNIT DISTRICT TO R-1 SINGLE DUELLING UNIT DISTRICT FOR LOTS 4 & 5. BLOCK 1,
LANDMARK ADDITION Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation bv Planner
Planner Larsen informed Council that the subject property comprises two lots of
the five lot Landmark Addition which was platted and rezoned in 1988. Currently,
all lots remain vacant. Three of the lots front on Lincoln Drive and two front
on an unimproved section of Malibu Drive which is rough graded and graveled only.
The proposed rezoning would affect the two lots (Lots 4 and 5) with frontage on
Malibu Drive and would allow the construction of single dwelling homes.
remaining three lots would remain zoned R-2 to be developed as such.
The
Lot 4 measures approximately 120 feet by 150 feet and contains an area of 17,017
square feet.
and an area of 18,777 square feet.
standards for R-1 zoning.
Lot 5 has a width of approximately 140 feet, a depth of 149 feet
Both lots are in excess of the minimum
The Comprehensive Plan designates this area as Low Density Attached Residential
which is consistent with the present R-2 zoning.
single family zoning compatible with low density residential.
requested would be consistent with the Comprehensive Plan.
However, the Plan considers
The rezoning
At its meeting of July 31, 1991, the Planning Commission recommended approval of
the requested rezoning subject to a developers agreement and bond covering
construction of an improved public street to serve the lots.
reminded Council that for a final R-2 rezoning the Council would see nothing more
Planner Larsen
8/19/91 176 ..
than this.
of Second Reading, subject to the condition that an approved street be provided
before building permits would be issued.
Larsen said there are no concerns with sewer connection charges or special
assessments that would run with the land.
Mayor Richards called for public comment on the proposed rezoning.
or objections were heard.
If Council were to approve the rezoning to R-1, he recommended waiver
In response to Mayor Richards, Planner I No comments
Member Rice introduced Ordinance No. 825-A42 for First Reading and moved waiver
of Second Reading as follows, conditioned on execution of a developers agreement
and bond covering construction of an improved public street to serve the lots
prior to issuance of building permits:
ORDINANCE NO. 825-A42
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY BEZONING PROPERTY FROM R-2 DOUBLE DUEIXING UNIT DISTRICT
TO R-1 SINGW DU"G UNIT DISTRICT
THE CITY COUNCIL OF THE CITP OF ED=, MINNESOTLL, ORDAINS:
Section 1.
the following thereto:
"The extent of the Single Dwelling Unit District (Et-1) is enlarged by the
addition of the followhg property:
bts 4 and 5, Blockl, LANDMARK ADDITION.
The extent of the Double Dwellhg Unit District (a-2) is reduced by
remoolCng the property described from the 8-2 District."
Sec. 2. This ordinance shall be in full force and effect upon its e
Section 6 of Ordinance No. 825 of the City is amended by adding
and publication.
I ATTEST:
-gf&UJL%U
City Clerk
Motion for adoption of the resolution was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
FIEZBL DEVELOPMENT PLAN FOR BUILDING EXPANSION APPROVED FOR COmluRB TIREDIRES
PLUS. 5400 FRANCE AVENUE SO. Affidavits of Notice were presented, approved and
ordered placed on file.
Presentation bv Planner
Planner Larsen explained that the subject property is located in the southwest
quadrant of West 54th Street and France Avenue and is developed with a Tires Plus
service center of 1670 square feet.
space, thus tires are being stored in areas outside the building. In an effort
to bring the tire storage into compliance with the zoning ordinance, as well as
generally upgrading the entire site, the proponents are requesting approval of a
plan which would add 930 square feet of storage space to the west side of the
existing building.
or four feet six inches taller than the existing structure.
height would allow for a tiered storage system plus accommodating delivery trucks
to enter and off-load inside the addition.
The building affords very little storage
The 15 x 62 foot addition would be 19 feet six inches high,
The additional
Planner Larsen noted that, even with the improvements to the site, there will be
several features that would remain non-conforming:
1) Lot Area. The ordinance requires a minimum 20,000 square feet lot area be
provided for an automobile senice use,
conforming with a lot area of 13,037 square feet.
The proposed site would be non-
2) Building Setbacks. Currently, a 32.9 foot rear setback exists. The required
3)
177 8/19/91
rear setback is 25 feet. The new addition would provide a non-conforming 16.9
foot setback. The required side street setback is 45 feet; the current and
proposed side street setback would be 34.8 feet.
Parking Setbacks. Currently, bituminous extends to the lot line, parking
spaces are not delineated and a zero setback situation exists.
requires a minimum 20 foot parking setback be maintained from all streets.
Five foot setbacks are proposed for the parking spaces abutting West 54th
Street and France Avenue.
The ordinance
The exterior of the existing building would be refaced with stucco; red glazed
tiles will be used as trim. The site would be reconfigured to allow eleven
customer parking spaces; four along the south property line; four abutting France
Avenue and three spaces abutting West 54th Street.
would be provided along the west property line.
Two employee parking spaces
Tire storage has been a long standing problem for the site.
would address the inadequate storage situation, and provide the following
improvements:
The proposed plan
1.
2.
3.
4.
5.
6.
Accommodate all tire storage within the building.
Eliminate two curb cuts on the northeast corner of the property.
Re-configure parking and traffic flow, and provide a five foot parking
Provide a loading area within the building keeping drive aisles clear.
Provide for landscaping to screen the site from the south property line as
well as enhancing the site with greenspace and shrubbery.
Relocate trash and recycled tires to a screened enclosure abutting the
west property line.
setback.
Staff would recommend approval subject to: 1) Landscape plan approval and bonding
and 2) Staff approval and permits for all exterior signage. At its meeting of
July 31, 1991, the Planning Commission recommended approval of the final
development plan, subject to staff conditions and the additional condition that a
band of decorative tiles be wrapped around the building.
Presentation for ProDonent
Mike Diamond, representing Tires Plus, commented that they would be upgrading
what was originally an old service station and are attempting to make it a modern
facility that would be appropriate for the community.
Mayor Richards called for public comment on the request for final development
plan approval. No comment or objection was heard.
Council Comment/Action
Mayor Richards inquired if the use of the land would change.
responded that the intensity of use is based on the number of service bays, which
would remain the same.
expansion would provide permanent indoor storage.
Planner Larsen
Tires are currently stored in a trailer, the proposed
Member Rice obsekved that this will be an improvement to the area, will be the
least intense use of a PCD-4, and he would support the proposal.
Member Rice introduced the folloving resolution and moved its adoption, subject
to: 1) Landscape plan approval and bond, 2) Staff approval and permits for all
signage, and 3) Installation of decorative tile band on all sides of the
building :
RESOLUTION APPKOVING FINAL DEVELOPMEWi! PW
FOR CONDURA TIRES PLUS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the
Final Development Plan for Condura Tires Plus, 5400 France Avenue South,
178 8/19/91
presented at the regular meeting of the City Council of August 19, 1991, be and
is hereby approved.
Motion was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Rice, Paulus, Richards
Motion carried. I
RESOLUTION ADOPTED AHENDING COMPREHENSIVE PLAN LBPJD USE HAP
Presentation by Planner
Planner Larsen recalled that the matter of amending the land use map of the
Comprehensive Plan had been considered by the Council at its study session in
March, 1991, and had been continued pending hearings relative to development at
44th and France.
of the Comprehensive Plan, developed in the late 1970's and adopted in 1980, to
make it consistent with the Redevelopment Plan adopted during establishment of
tax increment financing districts.
The proposed amendments would affect parcels in three commercial areas: 1) 44th
and France, 2) Wooddale and Valley View Road, and 3) Grandview. No changes are
required for the 70th and Cahill area. The tax increment districts for 44th and
France and Valley View and Wooddale were decertified in June, 1991.
decertification does not affect the adopted Redevelopment Plan for each district.
Tax increment districts remain in effect for Grandview, and 70th and Cahill.
He explained that this is an attempt to revise the land use map
This
The Planning Commission recommended amending the land use map to make it
consistent with the adopted Redevelopment Plan with two exceptions:
1. 44th and France, Area 1. The Planning Commission recommended that Area 1
remain designated as Single Family and not be changed to Low to Medium
Density Residential as shown on the Redevelopment Plan.
Grandview, Area 4.
designated as Industrial.
2. The Planning Commission recommended that Area 4 remain
The Planning Commission felt the strongest position to take at Grandview, given
the variety of redevelopment proposals that have been considered, would be to
leave it designated as Industrial.
Mayor Richards called for public comment on the proposed amendments to the
Comprehensive Plan Land Use Map. No comment or objections were heard.
Member Kelly introduced the following resolution and moved its adoption:
BESOLTJTION ADOPTED AMENDING COMPREHENSIVE PL4N
BE IT RESOLVED by the Edina City Council that the Comprehensive Plan of the City
be amended vithin the Redevelopment Plan Areas at 44th & France Avenue, Uooddale
and Valley View Road, and Grandview, to show the land uses as illustrated on the
map for each of said areas attached to and made a part of these Minutes.
Motion was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
*BID AWARDED FOR STANDBY GENERATOR Motion was made by Member Smith and seconded
by Member Paulus for award of bid for one standby generator to recommended low
bidder, Interstate Detroit Diesel, at $15,200.00.
Motion carried on rollcall vote - five ayes
*BID AUABDED FOR IHPR0v"T NO. BA-295 BITUMINOUS OVERLAY AT 50TH & FRANCE
Hotion was made by Member Smith and was seconded by Member Rice for award of bid
for Imprmznent EA-295, bituminous mill3ng and overlay for 50th & France, to
recommended lov bidder, Hardrives, Inc., at $19,005.00.
Motion carried on rollcall vote - five ayes.
179 8/19/91
*BID AWARDED FOR SELF-PROPEIJXD HYDROSTATIC DRIVE CHIPSPREADER Motion was made
by Member Smith and was seconded by Member Rice for award of bid for self-
propelled hydrostatic drive chipspreader to recommended low bidder, HacQueen
Equipment, Inc., at $58,873.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR PARTICIPATORY WA'I'ER PLAY STRlJCTtraE FOR HlJNIC1PA.L POOL Motion
was made by Member Smith and was seconded by Member Rice for award of bid for a
participatory water play structure for the municipal pool to sole bidder,
Amusement Leisure Equipment, Ltd., at $31,195.00.
Motion carried on rollcall vote - five ayes.
BID AWART)ED FOR SEASONAL BANNEW - 50TH & FRANCE Assistant City Manager Hughes
presented the following bids for the fabrication of autumn banners for the 50th &
France Business District: Banner Creations at $5,090.00 and Windtales at
$5,158.64.
50th & France renovation project.
Creations as the low bidder.
He explained that these were costs included in the budget for the
Staff would recommend award of bid to Banner
Mayor Richards reported that correspondence had been received from Carol Rothe
and Pat Dow of Windtales urging the Council to reject the low bid and award it to
their small, minority Edina company. Carol Rothe, Windtales, spoke in support of
the bid submitted by Windtales and mentioned banner work they have done. In
response to Member Paulus, Assistant Manager Hughes said that no priority is
given to bids from Edina firms or to minorities.
specifications are met, the recommendation would be to award the bid to the
lowest responsible bidder and Banner Creations met all the criteria.
He explained that as-long as
Assistant Manager Hughes said, in response to Member Kelly, that the banners are
part of the City's renovation project at 50th and France.
parking ramp and other elements of the project are partially paid by assessment,
and partly by the tax increment process.
were sent to four known companies that produce banners, one of which was
Windtales.
Creations made the winter banners, and the material and warranty specifications
for the autumn banners were similar to those.
The streetscape,
He explained that the specifications
Only two of the four companies elected to submit bids. Banner
Member Paulus made a motion for award of bid for autumn banners for 50th and
France to recommended low bidder, Banner Creations, at $5,090.00. Member Rice
seconded the motion.
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
TRAFFIC SAFETY COMMITTEE MLmJTES OF 8/13/91 APPROVED
reviewed the recommended action in Section A of the Traffic Safety Committee
Minutes of August 13, 1991.
Engineer Hoffman briefly
No public comment or objection was heard.
Member Rice made a motion to approve the following recommended action listed in
Section A of the Traffic Safety Committee Minutes of August 13, 1991:
To install "STOP" signs on West 60th Street to control eastbound and westbound
traffic at Chowen Avenue South,
To install "ONE-HOUR PAWING" signs from 3904 to the west boundary of 3920
Sunnyside Road and-"!J!WO-HOUR PARKING" in front of the properties at 3930
and 3940 Sunnyside Road,
To install "HO PARKIXG ANYTIME" signs for two car-lengths in front of 5100
France Avenue South,
To construct a pedestrian pathway along the south side of West 76th Street
from Edinborough Way and to the Centennial Lakes bridge, then under the West
76th Street bridge and northward to connect to the existing amphitheater path.
8/19/91 180
and to achowledge Sections B and C of the Minutes.
Motion was seconded by Mayor Richards.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
AmITORvS REPORT PRESIZKLED John Wallin, Finance Director, introduced Kelli
Bourhis, Manager and Steve Laible, Partner from Peat Marwick, and City staff that
worked on the 1990 City audit.
of the Council regarding the audit and the management letter.
He said the auditors would respond to questions
In response to recommendations in the management letter, Director Wallin reported
that the accounting policies and procedures manual continues to increase in scope
and size, and with the auditors help it will improve yearly.
policies are in the final stages and will be presented to the Council in
September.
Updated purchasing
Mayor Richards asked the auditors to focus on the issues that the citizens and
the Council, as policy makers, should be aware of. Mr. Laible informed Council
that two documents are issued as a part of the audit: the Comprehensive Annual
Financial Report, and an opinion letter which is probably the most important
objective of the audit.
standards that all Certified Public Accountants must follow. The financial
statements are prepared primarily by City staff with assistance from Peat Marwick
regarding technical matters and compliance with generally accepted accounting
principles. Communication is on-going with City staff throughout the year with
regard to technical changes in the area of financial reporting for governmental
units.
The work of the auditors is governed by a set of
The audit is unrestricted in scope, meaning the auditors delve into any area of
financial matters appropriate in order to come to a conclusion on the fairness of
financial presentation. Peat Marwick has concluded that the financial statement
does present fairly, and in accordance with generally accepted accounting
principals, the financial position of the City and the results of its operations
for the year ended December 31, 1990.
Regarding the opinion letter,
of internal control.
1) the accounting policies and procedures manual, 2) investment policy and
procedures, and 3) construction contracts.
Mr. Laible said the recommendations were matters
He briefly commented on those recommendations regarding:
With respect to the overall results of operation for the year, Mr. Laible
commented that the City began the year on a balanced budget. The results were
within one percent which is considered very good and the City has a fund balance
that can withstand minor fluctuations during the year.
Mayor Richards asked Mr. Laible to respond to the controls on the City's
enterprise funds. Mr. Laible said the City's primary safeguard has to be its
system of internal control.
evaluated and any weakness would be reported in the auditors' opinion letter.
Mr. Laible said that, over the years that they have studied and evaluated the
system, they believe that the controls in those areas are reasonable and there
are no glaring deficiencies.
suggestion that staff be given authority to approve change orders up to 10
percent of the original contract price.
that would be appropriate.
change orders, there should be a a trail for the auditors.
As part of the audit, that system is reviewed and
Mayor Richards also asked for comment on the staff
I Mr. Laible said as' a general guideline
Even though there is discussion and awareness of
Member Rice asked what one recommendation in the management letter was the most
important. Mr. Laible responded that the recommendation concerning construction
contracts is important because that can represent real dollars. The other two
8/19/91
recommendations are primarily housekeeping or good business types of practice.
Mayor Richards expressed the Council's appreciation for the report.
BOARD APPOJXTEES TO SOUTH HENNEPIN REGIONBL PLANNING OFFICE DISCUSSED.
Rosland reminded Council that the model for the South Hennepin Regional Planning
Office recently approved calls for each city council to appoint two members from
its Human Relations Commission and one council member to serve a two-year term on
the Regional Citizen Advisory Board. It is hoped that these appointments should
be made by the September 23, 1991 Council Meeting. Mayor Richards said it would
be helpful if the Human Relations Commission members were asked if any member is
willing and desires to be appointed to the Board.
advise him of any preferences they may have as to appointment of Commission
members.
Manager
He also asked the Council to
(Member Smith re-entered the meeting at 8:42 P.M.)
RESOLUTION ADOPTED RATIFYING SPECIAL LAW - CHAPTER 125. H.F. 1551 Manager
Rosland noted that a memorandum had been received from LeRoy Lisk, President of
the Edina Firemens' Relief Association, requesting municipal ratification of
Chapter 125, H.F. 1551. This special law was adopted by the 1991 Legislature
modifying limitations on survivor benefit coverage for members of the
Association.
removes the age 18 restriction on dependent children.
children survivor benefits to age 23 if in an accredited educational program, and
benefits to a disabled child requiring a guardian for life. The City would incur
no cost for these changes.
The amendment removes the remarriage penalty for widows and also
It would also allow
Member Rice introduced the following resolution and moved adoption:
RESOLUTION RATIFYING CHAPTER 125, MINNESOTA LAWS, 1991
BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby approves
Chapter 125, Minnesota Iaws, 1991, as required by law and pursuant to Minnesota
Statutes, Section 645.021, Subd. 2, and,
BE IT FUBTHEB RESOLVED that the City Clerk is directed to file with the Secretary
of State a certificate of approval as required by Minnesota Statutes, Section
645.021, Subd. 3.
Motion was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
DATES SET FOR TRTITH IN TAXATION HEARINGS
that the City is required to advise Hennepin County of its Truth in Taxation
hearing date(s) by September 3, 1991. Truth in Taxation hearings for all
governmental bodies must be held in the period beginning November 15 and ending
on December 20, 1991.
days but no more than fourteen business days after the first public hearing.
Manager Rosland reminded the Council
Continued hearings must be held at least five business
Following discussion, Member Smith made a motion setting Monday, November 18,
1991 at 7:OO P.M. and December 4, 1991 at 7:OO P.M. as Truth in Taxation hearing
dates.
Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*HEARING DATE OF 9/23/91 SET FOR SPECIAL ASSESSMENTS Motion vas made by Member
Smith and was seconded by Member Rice setting September 23, 1991, as hearing date
for special assessments.
Motion carried on rollcall vote - five ayes.
WN-SALE KINE AND 3.2 BEER LICENSE APPROVED FOR CIATTI'S ITALIAN RESTAURANT
182 SI 1919 1
Motion was made by Member Smith and was seconded by Member FKce approving the
issuance of an On-sale Wine License and On-sale 3.2 Beer License to Ciatti's
Italian Restaurant at 3220 W. 70th Street.
Motion carried on rollcall vote - five ayes.
DATES SET FOR ORDINANCE CODIFICATION DISCUSSION After a brief discussion, the
Council concurred on the following dates for ordinance codification discussion to
be held at Arneson Acres:
Saturday, October 26, 1991 - 8:OO A.M. to 12:OO Noon
Saturday, November 23, 1991 - 8:OO A.M. to 12:OO Noon
RECYCLING COMMISSION RESIGNATION NOTED Mayor Richards informed Council that a
letter of resignation had been received from Virginia Sweeny stating that she is
unable to complete her term on the Recycling Commission. He asked that names be
submitted to him of individuals interested and willing to serve on the
Commission.
RESOLUTION ADOPTED APPROVING CDBG YEAR XVII SUBRECIPIENT AGREEKEW Planner
Larsen explained that the Housing and Urban Development (HUD) had approved the
year XVII Community Development Block Grant (CDBG) Program which allocated
$149,973.00 to the City of Edina.
agreement with Hennepin County to expend those funds.
been executed for the past program years. The agreement would require that the
City follow federal guidelines and regulations in implementing the program.
After execution of the agreement, and receipt of the allocated funds, the
programs established by Council in April, 1991, could be implemented.
The Council must execute the subrecipient
A similar agreement has
Member Kelly introduced the following resolution and moved its adoption:
RESOUITION AUTHORIZl3!7G MAYOR AND CITY "AGEEL TO EXE-
~CIP~ A- VITH HEIJNEpIN COUNTY FOR THE URBAN
HEANEPIEil COUNTY CO- DEVEU)pMeffJI BU)CK GRANT PROGRAM
VHEBEdS, the City of Edina has executed a Joint Cooperation Agreement with
Hennepin County for the purpose of participating in the 1991 (Year XVII) Urban
Hennepin County Community Development Block Grant Program; and
WHEREAS, Hennepin County is the recipient of an annual grant from the U.S.
Department of Housing and Urban Development for purposes of the program and the
City is a subrecipient under the program and receives a share of the grant; and
WHEREAS, program regulations require that the City and County execute a
Subrecipient Agreement which sets forth the specific implementation processes for
activities to be undertaken with program funds;
BE IT RESOLVED, that the Edina City Council hereby authorizes and directs the
Mayor and the City Manager to execute Subrecipient Agreement, County Contract
Number A07501, on behalf of the City.
Adopted this 19th day of August, 1991. c
- Mayor
Motion was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
PROPOSED 1992 BUDGET RESOLUTION ADOPTED Mayor Richards called for additional
discussion on the proposed 1991 Budget, following the proposed budget assumptions
presentation by staff and discussion by Council at the Special Council Meeting
held at 5:OO P.M. this date.
183 8/19/91
Member Smith said that, based on the assumption that the City would spend the
$13,577,622 in the 1991 Budget, he could support an increase- in expenditures of
$200,000 (1.5% rounded down) for a proposed 1992 Budget of $13,777,622 so as to
keep keep the tax increase down to a bare minimum. Manager Rosland said the City
must also certify the real estate tax increase which would be approximately .70%,
with the balance of the proposed budget made up from other revenues.
Member Rice commented that he would not support the 1992 Budget as proposed
because he felt the City should not give up its option to certify the maximum
levy limit, although he may not support the maximum when the final 1992 Budget is
adopted in December.
Member Smith then introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING PROPOSED BUDGET FOR THE
CITY OF EDINA FOR THE YEAR 1992, AND ESTABLISHING
PROPOSED TAX LEW FOB THE YEAR 1992 PAYABLE IN 1992
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS:
Section 1.
proposed as follows:
Section 2.
follows :
Section 3.
personal property in the City of Edina a tax rate sufficient to produce the
amount as follows:
Adopted this 19th day of August, 1991.
The Budget for the City of Edina for the calendar year 1992 is hereby
TOTAL GENERAL PUND $13,781,286.00
Estimated receipts other than General Tax Levy are hereby proposed as
TOTAL ESTIMATED RECEIPTS $ 3,324,525.00
That there is proposed to be levied upon all taxable real and
FOR GENERAL PUND
ATTEST
City Clerk
Motion was seconded by Member Paulus.
Rollcall :
Ayes: Paulus, Smith, Richards '
Nays: Kelly, Rice
Resolution adopted.
RESPONSE TO BE SENT TO SCHOOL BOARD REGARDING POTENTIAL CO~ITY CJfNTER
RELOCATION Mayor Richards informed Council that the School Board will be
considering the recommendation of its 'Blue Ribbon' Committee regarding a
possible switch of the Community Center to South View Junior High School and the
present Community Center becoming the middle school and has asked for the City's
response. Manager Rosland has been directed to draft a letter for his signature
advising the School Board of the City's past financial involvement and current
contract commitments for the Senior Center located in the Community Center.
UPDATE GIVEN ON CROWN VETCH ISSUE Manager Rosland updated Council on the status
of the crown vetch growth at 4404 West 58th Street.
had authorized an attempt to abate the issue with the property owner, Diane
Lindgren.
Attorney. Currently, Ms. Lindgren has maintained the crown vetch at the height
of eight to ten inches required by ordinance.
difficulty with stating that the crown vetch is rank vegetation.
recommend dropping the litigation and requests direction from the Council.
He recalled that the Council
That effort failed and litigation was begun by the City's Prosecuting
The City weed inspector now has
Staff would
Member Kelly observed that, after visiting the site, the crown vetch is cut to
the appropriate length, is less offensive and Ms. Lindgren is cooperating with
184 8/ 19/9 1
the ordinance requirements.
potential fire hazard after the growing season.
Further, she would like a definitive answer as to
To preserve the issue, Member Smith suggested that the City Attorney be directed
to negotiate a settlement based on the maintenance of the crown vetch and on that
basis to then dismiss the pending lawsuit.
Member Kelly made a motion to direct the City Prosecuting Attorney to negotiate a
settlement based on the property owner maintaining the crown vetch to comply with
the ordinance and that the pending lawsuit then be dropped.
lack of second. Mayor Richards stated that, because the motion had failed, the
conclusion was to proceed with the litigation.
.
Motion failed for
RESOLUTION ADO= AUTHORIZING SAU ANJ.l ISSUANCE OF MULTIFAMILY HOUSING REVENUE
BONDS - U. ASSISTED LIVING CORPORATION I
that this is the final hearing concerning the multifamily housing revenue bonds
for the Walker Methodist project at Parklawn Avenue and York Avenue.
believes that the bond documents respond to the conditions imposed by the Council
at the time of preliminary approval: 1) The closing statement provides for the
payment of a $25,000.00 fee to the City, 2) The documents provide that the owner
will not claim that the property is exempt from the payment of real estate taxes,
and 3) An unconditional guaranty for the repayment of principal and interest has
been provided by Walker Methodist, Inc.
Assistant Manager Hughes explained
Staff
The Housing Revenue Bonds would be backed solely by the revenues of the project
and would not be general obligations of the City.
are insufficient, bond holders would rely on the guaranty for the repayment of
principal and interest.
If the revenues of the project
Assistant Manager Hughes noted that Walker Methodist, Inc., is the proposed
guarantor of the bonds and is a non-profit corporation which acts as the parent
corporation of numerous affiliates and subsidiaries. Although Walker Methodist
may not have direct access to the funds necessary to honor the guaranty, they
have submitted that they have substantial powers of persuasion and control over
their affiliates and have been the guarantor of similar bonds on past occasions.
In addition to the guaranty, the bond documents provide for the following:
1) Bonds will be sold in minimum denominations of $100,000.00, and 2) The bonds
will be offered only to institutional investors having sufficient knowledge and
experience to evaluate the merits and risks of the investment and who are not
purchasing the bonds for the purpose of distributing them to individual
investors.
In conclusion, Assistant Manager Hughes stated that, based upon the guaranty and
the other items mentioned, staff believes that the City is reasonably protected
from risks associated with the bond issue and would recommend adoption of a
resolution authorizing the sale and issuance of the bonds.
In response to Member Rice, David Grant, Counsel for Walker Methodist, stated
that it is anticipated that the entire bond issue would be purchased by IDS
Financial Services for their own account, with no retail sale of the bonds.
Further, Edina residents would not have preference for occupancy in the housing
facility as it would be open to anyone.
occupants will come from Edina, and in particular, from 7500 York.
The expectation is that the majority of
Member Paulus introduced the folloving resolution and moved its adoption:
BESOLUTION REXATING TO Um ASSISTED TJVING CORPORATION I;
AUTHORIZING THE SATZ AND ISSUANCE OF 23mLTIFAHILY HOUSING
SERIES 1991 ATAD MULTIFAMILY HOUSING REVENUE NOTE (U.
REVENUE BONDS (U. ASSISTED LIVING CORPORATION I)
185 8/19/91
ASSISTED LIVING CORPORATION I) SEBIES 1991B; APPROVING THE FORMS
AND AUTHORIZING EXECUTION BND DELIVERY OF DOCIMENTS
REUTING TO SUCH BOmS BND NOTE
BE IT BESOLVED by the City Council of the City of Edina, Minnesota (the "City")
as follows:
Section 1. Recitals.
Municipal Housing Act) to adopt a housing plan for the City and to administer
thereunder one or more housing programs or developments, including multifamily
housing developments, and to sell and issue revenue bonds or obligations to make
loans to finance such developments, payable solely from the revenues of the
developments.
that pursuant to the Municipal Housing Act the City issue its Hidtifamily Housing
Revenue Bonds (Walker Assisted Living Corporation I), Series 1991 (the Bonds) and
its Multifamily Housing Revenue Note (Walker Assisted Living Corporation I),
Series 1991B (the Note) to finance the development and construction by the
Corporation of a new multifamily rental housing facility (Project 1991) designed
and intended primarily for frail elderly persons.
to issue the proposed bonds was held upon published notice, and all interested
persons given an opportunity to be heard with respect thereto, and the housing
program has been submitted to the Minnesota Housing Finance Agency for review,
all as required by applicable law.
Bonds and Note have now been prepared and submitted to the City Council.
First Trust National Association, as Trustee, whereby the City prescribes the
terms and conditions for the issuance of the Bonds, including the form of the
Bonds ;
Agreement), between the City and the Corporation, whereby the City agrees to lend
the proceeds of the Bonds to the Corporation for the purposes described in
Section 1.02 of this Resolution, and the Corporation agrees (i) to construct
Project 1991, (ii) to repay the loan in installments at times and in amounts
sufficient to pay the principal of, premium, if any, and interest on the Bonds in
full and when due, (iii) to maintain certain insurance, and (iv) to pay all costs
and expenses of the City and to indemnify the City and hold it harmless;
between the Corporation and the Trustee, whereby the Corporation grants to the
Trustee a mortgage lien upon the property therein defined as the Mortgaged
Property, as security for payment of the principal of and interest on the Bonds;
Methodist, Inc., (the Guarantor) to the Trustee, whereby the Guarantor guarantees
the full and prompt performance of all of the term, covenants and conditions to
be performed by the Corporation under the Bond Loan Agreement and the Bond
Mortgage ;
(e) a Bond Purchase Agreement, between Piper, Jaffray 6r Hopwood
Incorporated (the Underwriter), the City and the Corporation, whereby the
Underwriter offers to purchase from the City and the City offers to sell to the
Underuriter the Bonds upon the terms and conditions therein specified, and the
Corporation agrees to such terms and conditions;
1.01. The City is authorized by Mbnesota Statutes, Chapter 462C (the
1.02. Walker Assisted Living Corporation I (the Corporation) has proposed
1.03. A public hearing on the proposed housing program and on the proposal
1.04.
(a) an Indenture of Trust, dated as of August 1, 1991, between the City and
Forms of the following documents (the Documents) relating to the
(b) a Loan Agreement, dated as of August 1, 1991, (the Bond Loan
(c) a Mortgage Agreement, dated as of August 1, 1991, (the Bond Mortgage),
(d) a Guaranty Agreement, dated as of August 1, 1991, from Walker
(f) an Official Statement, whereby the Bonds are offered to investors;
(g) a form of Note containing its terms and conditions;
(h) a Loan Agreement, dated as of August 1, 1991 (the Note Loan Agreement),
between the City and the Corporation, whereby the City agrees to issue the Note
to Avery Edina Limited Partnership, a Minnesota limited partnership (the Note
Purchaser) in consideration for services provided and to be provided to the
Corporation pursuant to the terms of a Development Agreement, dated as of August
1, 1991, between the Corporation and VES Development, and the Corporation agrees
81 19/9 1 186
to repay the loan in installments at times and in amounts sufficient to pay the
principal of, premium, if any, and interest on the Note in full and when due;
(i) an Assignment of Loan Agreement, dated as of August 1, 1991, from the
Note Purchaser, whereby the City assigns all its right under and interest in the
Note Loan Agreement to the Note Purchaser;
(j) a Mortgage Agreement, dated as of August 1, 1991, (the Note Hortgage),
between the Corporation and the Note Purchaser, whereby the Corporation grants to
the Note Purchaser a mortgage lien upon the property therein defined as the
Mortgaged Property, as security for payment of the principal of and interest on
the Note;
payment for semdces provided and to be provided pursuant to the terms of the
Development Agreement ; and
Trustee and the Note Purchaser, whereby the Trustee and the Note Purchaser agree
to certain conditions regarding the exercise of the Note Purchaser's remedies
under the Note Loan Agreement and the Note Mortgage.
Section 2. Findinns.
authorized by the Municipal Housing Act to issue the Bonds and the Note and it is
in the ptiblic interest that the City issue the Bonds and the Note on the terms
and conditions specified in the Indenture of Trust and the form of the Note,
respectively. As provided in the Indenture of Trust and the form of the Note,
the Bonds and the Note are and shall be special, limited obligations of the City.
Neither the full faith and credit or the taxing power of the City is or shall be
pledged to payment of the principal of, premium, if any, or interest on the Bonds
and the Note. The principal of, premium, if any, and interest on the Bonds and
the Note shall be payable solely from the sources specified in the Indenture of
Trust and the form of the Note, respectively. No Bond or Note or any provision
of the Bond Loan Agreement, Indenture of Trust, Note Loan Agreement or other
document shall be at any time construed to constitute an indebtedness or
obligation of any sort of the State of Minnesota or the County of Hexmepin.
Section 3. Authorization and Amroval.
the precise aggregate principal amounts, interest rates, maturity dates and
amounts, redemption dates and prices, and purchase price of the Bonds and the
Note have not been finalized.
authorized to approve those details of the Bonds and the Note, without further
action by this Council, provided that:
$6,700,000, no interest rate for the Bonds shall exceed 9% per annum, none of the
Bonds shall mature later than 40 years from date of issue and the purchase price
of the Bonds (without regard to any "original issue discount") shall not be less
than 98% of their principal amount; and
(ii) the aggregate principal amount of the Note shall not exceed $450,000,
the interest rate for the Note shall not exceed 16% per annum and the Note shall
not mature later than 40 years from date of issue.
When the details of
the Bonds and the Note have been finalized pursuant to Section 3.01, the Mayor
and City Manager are hereby authorized and directed, in the name and on behalf of
the City, to execute and deliver the Indenture of Trust, Bond Loan Agreement,
Bond Purchase Agreement, Note Loan Agreement, Assignment of I&an Agreement and
Investment Letter in substantially the forms thereof now on file with the City
Clerk.
Trust shall be executed by facsimile or manual signatures of the appropriate
officers of the City and shall be delivered to the Trustee for authentication and
for delivery to the Underwriter upon payment by the Underwriter of the purchased
price specified in the Bond Purchase Agreement.
be executed by facsimile or mauual signatures of the appropriate officers of the
(k) an Investment Letter, vhereby the Note Purchaser accepts the Note in
(1) an Inter-Creditor Agreement, dated as of August 1, 1991, between the
It is hereby found and determined that the City is
I
3.01. It is recognized that as of the date of adoption of this Resolution,
Therefore, the Mayor and the City Manager are
(i) the aggregate principal amount of the Bonds shall not exceed
3.02. The forms of the Documents are hereby approved.
I 3.03. The Bonds in substantially the form prescribed by the Indenture of
3.04. The Note in substantially the form presented to this Council shall
8/19/91 187 City and shall be delivered to the Note Purchaser upon payment by the Note
Purchaser of the purchase price specified in the Investment Letter,
The City consents to the use by the Underwriter, in accordance vith
applicable securities laws and regulations, of the Official Statement, and
authorizes its preparation and distribution in substantially the same form but
including such details as interest rates, prices, maturity amounts, redemption
dates and redemption prices omitted from the draft Official Statement. The City
has not participated in the preparation of the Preliminary Official Statement or
Final Official Statement, has not made an independent investigation with respect
to the information contained therein and assumes no responsibility for the
accuracy or completeness of the information contained therein.
directed to do all acts and things, and to execute all documents, necessary in
connection vith the issuance of the Bonds and the Note.
Hanager is absent or unable to execute any document herein authorized to be
executed by either or both of them, such document may be executed by the acting
Hayor or by the Assistant City Manager.
any document shall include such additions and amendments thereto or deletions
therefrom as the officers executing such document on behalf of the City may find
necessary or desirable, and the execution of any document by an officer of the
City shall be conclusive evidence of its approval and authorization hereunder.
The Hayor and City Manager are authorized and directed to prepare and furnish to
the Underwriter and to Dorsey & Uhitney, Bond Counsel, certified copies of all
proceedings and records of the City relating to the Bonds and the Note, as ehey
appear from the books and records of the City.
certificates and affidavits, including any heretofore furnished, shall constXate
representations of the City as to the truth of all statements contained therain,
Passed and adopted by the City Council of the City of Edina, HinnespC-ZiIthis
3.05.
3.06. The officers and employees of the City are hereby authorized and
If the Hayor or City
The approval hereby given to the form of
All such certified copies,
19th day of August, 1991.
ATTEST :
City Clerk
Motion was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*CLAIMS PAID Motion was made by Hember Smith and was seconded by Hember Rice to
approve payment of the following claims as shown in detail on the Check Register
dated 8/10/91 and consisting of 35 pages:
$675.15; Communications $399.50; Art Center $7,428.51; Capital Fund $4,868.85;
Swimming Pool Fund $4,830.17; Golf Course Fund $39,059.67; Recreation Center Fund
$8,734.40; Gun Range Fund $774.17; Edinborough Park $25,184.10; Utility Fund
$49,640.40; Storm Sewer Utility $2,333.21; Liquor Dispensary Fund $120,340.52;
Construction Fund $666,709.41; IMP Bond Redemption R2 $696.25, TOTAL
$1,845,120.45; and for confirmation of payment of the following claims as shown
in detail on the Check Register dated 7/31/91 and consisting of 16 pages: General
Fund $113,557.90; Art Center $150.82; Swimming Pool Fund $5,586.17; Golf Course
Fund $11,165.98; Recreation Center Fund $453.92; Gun Range Fund ($36.40);
Edinborough Park $1,119.68; Utility Fund $2,545.56; Storm Sewer Utility $75.00;
Liquor Dispensary Fund $217,504.81; TOTAL $352,123.44.
General Fund $913,446.14; C.D.B.G.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:55 P.M.