HomeMy WebLinkAbout19940919_regular72 BfINUTES
OF THE aeGmda HKETING OF THE
EDIHd CITP COUNCIL HELD AT CITY HAIL
SEPTEMBER 19, 1994
I ROLJXAU Answering rollcall were Members Paulus, Rice, Smith and Mayor Richards
Member Kelly arrived after adoption of the Consent Agenda.
CONSENT AGERDA ITEW APPROVED Motion was made by Member Paulus and was seconded
by Mender Smith to approve and adopt the Council Consent Agenda items as
presented.
Rollcall :
Ayes: Paulus, Rice, Smith, Richards
Motion carried.
DISABILITP EMPLOYHElQT AND AUAREIUESS MONTH PROCIAlXED Motion of Member SmXth was
seconded by Member Paulus and carried unanimously for adoption of a Proclamation
proclaiming the month of October, 1994, as Disability Employment and Awareness
Month in the City of Edina.
Paula Carlson and Rich Forslund, parents of Marie Forslund, accepted the
proclamation on behalf of all persons with disabilities.
PIHhL BEZOHING GRANTED - PLANNED COlMEBCIAL DISTRICT. PCD-4 TO PIA3N9ED COMIEBCIBL
DISTRICT. PCD-3 AND FINAL DEVEM- PLAN APPROVED FOR 3500 VEST 69TH STREET
Presentation bv Planner
Planner Larsen presented the request for final rezoning from Planned Commercia
District, PCD-4 to Planned Commercial District PCD-3 and final development plan
approval for property located at 3500 West 69th Street. The site was formerly
developed as a service station and is now vacant.
1994, the Council granted preliminary rezoning for development of this property
as a commercial banking facility.
At its meeting of September 7,
A condition of preliminary approval was execution of an agreement by the property
owner which would require corrective measures if the bank caused traffic to stack
on West 69th Street or the existing Southdale Center ring road system.
agreement has been prepared, reviewed by representatives of Southdale, and found -
acceptable with one change.
"reasonable" be inserted in paragraph 1, i.e. If... to construct improvements to
the Improvements as are reasonably acceptable to the City Manager and City
Planner, in their sole reasonable discretion....'!. Staff has agreed to those two
changes and would recommend final rezoning for the property, subject to execution
and recording of the traffic management agreement.
The
They have asked that the words "reasonably" and
Presentation bv Prooonent
Representatives of Southdale Center were present and indicated they had nothing
further to add to the presentation by Planner Larsen.
Public Comment
Mayor Richards called for public comment on the proposed rezoning for the subject
property. No comment or objection was heard.
Council. Action
Member Smith moved second reading and adoption of the follcnring ordinance,
subject to an executed and recorded traffic management agreement:
ORDINANCE NO. 850-5
AH OBDIHANCE AHKI'?DIHG THE ZONING ORDIHANCE (NO. 850)
BY BEZOHIRG PROPEWY TO PUNNED COMIEBGIAL DISTRICT (PCD-3)
FROM PMNHED COMMERCIAL DISTRICT (PCD-4)
9/19/94 73
City Code is
enlarged by the
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
amended by adding the following thereto:
Section 1. Subsection 850.06 of Section 850 of the Edina
"The extent of the Planned Commercial District (PCD-3) is
addition of the following property:
Tract H, Registered Land Survey No. 0629, Files of Registrar of
Titles, Hennepin County.
The extent of the Planned Commercial district (PCD-4) is reduced by
removing the property described above from the PCD-4 District".
Section 2. This ordinance shall be in full force and effect upon its
passage and publication.
Mayor
ATTEST : *a%.@
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
Member Smith then moved adoption of the following resolution:
RESOLUTION APPROVING FINAL DEVEMPHENT PLAN
FOR SOUTHDALE CENTER PROPEaTY AT 3500 WEST 69TH STREXT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the
Final Development Plan for Southdale Center property at 3500 West 69th Street,
presented at the regular meeting of the City Council of September 19, 1994, be
and is hereby approved.
Motion for adoption of the resolution was seconded by Member Rice.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
FINAL PLAT APPROVED FOR HENLEY ADDITION (50TH STREET AND HLLLIFA2K Am)
Presentation bv Planner
Planner Larsen recalled that on August 15, 1994, the Council granted final
rezoning and prelimidary plat approval for this 24 unit condominium development
of four properties located at West 50th Street and Halifax Avenue.
has submitted a final plat and are requesting approval.
The proponent
The purpose of the plat is to consolidate the numerous parcels of property
included in the development under one new lot and block legal description. Since
the site comprises parcels which were previously platted, no subdivision
dedication is required. At its meeting of September 8, 1994, the Minnehaha Creek
Watershed District approved the grading plan for this development.
recommend final plat approval, subject to a landscaping bond for the project.
Staff would
Member Smith asked if the concerns of the single family property owner next to
the alley and immediately west of the project regarding water drainage have been
addressed.
retaining wall so that there will be less water going to the west.
Engineer Hoffman explained that the grading plan provides for a
Member Smith introduced the following resolution and moved adoption:
RESOLUTION G&WJ!ILP% FINAL PLAT APPROVAL
FOR HENLEY ADDITION
BE IT RESOLVED by the City Council of the City of Ed-, Hinnesota,.that that
certain plat entitled "HENLEY ADDITION", platted by Henley Development
9 I191 94 74
Corporation, a Minnesota corporation, and presented at the regular meeting of the
City council of September 19, 1994, be and is hereby granted final plat appraval.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
ORDINANCE NO. 1994-8 <AHKNDIL?G CODE SECTION 150 TO CLbBIFp VACATIOLP ACCRUAL AND
PROVIDE POLICIES CONCERNING DRUG FREE WORKPLACE AND FAMILY AND MEDICAL LEAVE)
ADOPTED ON SECOND READING Assistant to Manager Smith informed Council that staff
is requesting second reading of Ordinance No. 1994-8 (Amending Code Section 150
to Clarify Vacation Accrual and Provide Policies Concerning Drug Free Workplace
and Family and Medical Leave).
modifications.
Staff has made the suggested correction and
Mayor Richards called for public comment on Ordinance No. 1994-8.
ob j ection was heard.
Member Rice moved Second Reading and adoption of Ordinance No. 1994-8 as follars:
No comment or
ORDINANCE NO. 1994-8
AH ORDINANCE AMENDING SECTION 150 OF TEE CITY CODE-
TO CLARIFY VACATION ACCRUAL AND PROVIDE FOR
POLICIES COHCl3R"G DRUG FaeE WORKPIACE AND
FAMILY AND MEDICAL LEbvE
THE CITY COU'NCIL OF THE CITY OF EDII?A ORDAINS:
Section 1.
read as follows:
"Subd. 5. WIufmum Annual Carry Fond. All regular full-time employees
with five contiwous years of employment or less may carry forward from one
calendar year to the next all vacation leave earned during the calendar
year. All regular full-time employees with more than five contimums years
of employment may carry forward not more than 40 hours of vacation earned
during a calendar year. Vacation leave earned but not taken vhich exceeds
40 hours per calendar year shall be deihtcted from each employee's vacation
balance at the end of each calendar year.
that may be taken during a calendar year is 25 days except that additional
days may be taken in accordance vith the family and medical leave policy
adopted pursuant to Subsection 150.13."
Subd. 5 of Subsection 150.09 of the City Code is amended to
I
The mruimnr amount of vacation -
Section 2.
"150.22 Drug Free Workplace.
and efficient work force free from the effects of drag abuse.
with this comiaitment, the City maintains a policy in compliance vith the
Federal --Free Uorkplace Act of 1988 and applicable State law."
Section 150 of the City Code is amended by providing a new
Subsection 150.22 as follows:
The City is committed to prdding a healthy
In keeping
Section 3.
f ollars :
"150.13 Family andMedica1 Leave.
employees due to a variety of family and medical circumstances.
maintains a policy concerning the eligibility for and the use of such leave
in accordance with the Family and Medical Leave Act of 1993."
Subsection 150.13 of the City Code is amended to read as
The City vill grant leave to eligible
The City
Section 4.
"Subdivision 3. Purpose.
entitled thereto &en the employee is unable to perform scheduled work
duties dtm to illness/disability, the necessity for medical, dental, or
Subdivision 3 of Subsection 150.10 of the City Code is amended
Sick leave vith pay my be granted to eqployees
to read as follows:
9/19/94 75
chiropractic care, childbirth or pregnancy disability, exposure to
contagious disease where such exposure may endanger the health of others
with whom the employee would come in contact in the course of performing
work duties.
other family and medical circumstances. The amount and conditions under
which sick leave with pay may be used for such circumstances is provided in
the family and medical leave policy adopted pursuant to subsection 150.13
of this Code. Sick leave with pay may be granted for a maximum of five
days in the event of the death of an employee's spouse, father, mother,
spouse's father or mother or child and a maximum of three days in the event
of the death of an employee's grandparent, grandchild, brother or sister."
Sick leave with pay may also be granted for a variety of
Section 5. Subsections 150.22, 150.23 and 150.24 of the City Code are
renumbered 150.23, 150.24 and 150.25 respectively.
Section 6. This ordinance shall be in full force and effect upon its
passage and publication.
ATTEST :
r Mayor
City Clerk
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
ORDINANCE NO. 1994-10 - AMENDING CITY CODE BY REPEAIJXG SUBSECTION 900.26
(AUTOHATIC TElllIIHdTION OF PROVISION TO CHANGE HOURS OF SALE FOR LIQUOR AND WINE)
GRAWIZD FIRST READING Assistant Manger Hughes reminded Council that on October
18, 1993, the Council amended the City Code to permit the sale of wine or
intoxicating liquor commencing at 1O:OO A.M. on Sundays.
enactment, Sunday sales could not commence until noon. As adopted, the ordinance
contained a sunset provision whereby the ordinance would terminate on October 27,
1994. The proposed Ordinance No. 1994-10 would eliminate the sunset provision -
and incorporate the 1O:OO A.M. Sunday sale language as a permanent part of the
City Code.
Chief Bernhjelm reports no incidents with respect to the Sunday morning sales
during the past year.
Prior to that
Staff would recommend adoption of Ordinance No. 1994-10.
Member Smith moved First Reading of Ordinance No. 1994-10 - An Ordinance Amending
the City Code by Repealing Subsection 900.26 (Automatic Termination of Provision
Allowing the Sale of Wine or Intoxicating Liquor Commencing at 1O:OO A.M. on
Sundays) as presented and on file in the office of the City Clerk.
seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
First Reading granted.
Motion was
*BID AWARDED FOR VALIEY VIEW ROAD UHDSCAPING Motion was made by Member Paulus
and was seconded by Member Smith for award of bid for Valley View Road
Landscaping to recommended low bidder, Wilson's Nursery, Inc., at $35,177.00.
Motion carried on rollcall vote, four ayes.
*BID AWARDED FOR IHPRO- NO. S-66 - SIDEUAJX EEPIACEMENT IN COUHTRY CLUB
DISTBICT AND IMPROVEMENT NO. S-67 - VbI;Lgy UNE SIDEFTdIg Motion was made by
Member Paulus and vas seconded by Member Smith for award of bid for Improvement
9 / 19/ 94
76 NO. S-66 - Valley
Inc. , at
Motion
- Sidewalk Replacement in Country Club District and Improvement No. S-67
Lane Sidewalk to recommended low bidder, Thomas & Sons Construction,
$160,943.75.
carried on rollcalL vote, four ayes..
*BID AWARDED FOR REROOFING AND DECK REPAIR AT FOUR PARK BUILDINGS Motion was
made by Member Paulus and vas seconded by Member Smith for award of bid for
reroofing and deck repair for park buildings at Pamela, Arden, Highlands and
Normandale Parks to recommended lov bidder, McPhillips Bros. Roofing Company, at
$51,370.00.
Motion carried on rollcall vote, four ayes.
*BID AWARDED FOR ROAD SALT FOR 1994-95 URWER SELLSON Motion vas made by Member
Paulus and was seconded by Member Smith for award of bid for road salt for the
1994-95 winter season to North American Salt at $27.46/tonY through State of
Minnesota Contract M-8762.
Motion carried on rollcall vote, four ayes.
WRAFFIC SAFETP STAET REPORT OF SEPTEMBER 8. 1994 LSPPROVED Motion was made by
Member Paulus and was seconded by Member Smith to approve the following actions
as recommended in Section A of the Traffic Safety Staff Report of September 8,
1994:
1) Installation of "Winding Road Curve Signs" with a 25 MPH advisory on Lang
Brake Trail and Police Department consideration of the area for enforcement
Installation of "No Parking Here to Corner" sign on northbound Uooddale
Avextue south of Uooddale Glenn;
Installation of "Watch for Pedestrians" signs with a 25 MPH aiIvisory speed
placard along Grove Street and that a neighborhood letter informing
residents of the needs for safety for school children be sent to the
affected area;
emphasis ;
2)
3)
I and to acknovledge Sections B and C of the report as presented.
Motion carried on rollcall vote, four ayes.
!CREA"'T OF CATTBIIS APPROVED FOR POND AT WOODDALE AVENDE/Vm VIEW ROAD
Presentation bv Engineer
Engineer Hoffman recalled that at the Council meeting of September 7, 1994,
property owners adjacent to the pond, generally located at Wooddale Avenue and
Valley View Road, expressed concern over the expanding cattail growth and
general health of the pond.
Natural Resources (DNR) that efforts can be made to control cattail growth to
existing areas. However, dredging cannot be done for aesthetic reasons, only for
navigation or stormwater clean-up around stormwater pipes.
Staff has learned from the Minnesota Department of
The Council had asked for information concerning projects on other City ponds and
lakes.
approximate $8,000 assessment project. On Indianhead Lake the adjacent property
owners are assessed for the entire project cost.
contribution is approximately $5,000 towards a larger project budget of $20,000.
The smaller ponds in the City are maintained on a job by job basis with the
City's contractor, Lake Restoration, Inc., per DNR permits.
On the Millpond the City's contribution is approximately $1,500 to an
On Arrowhead Lake the City's
In summary, Engineer Hoffman said the DNR would not permit dredging for aesthetic
purposes, would allow treatment of a portion of the cattails, and would encourage
treatment of purple loosestrife which is a noxious weed.
Bob Salonek, of Lake Restoration, Inc. to explain the herbicide treatment.
Mr. Salonek said the cattails and loosestrife would be treated with the herbicide
"Rodeo" which has a toxicity level the same as table salt.
ability of the plant to process sunlight thus eliminating its source of food.
I He then introduced
It breaks down the
9/19/94 77
The product will break down very rapidly in the environment; the only place it
can be found within 24 hours after treatment is within the tissues of the plant.
It cannot accumulate in fish, wildlife or humans. Treatments will normally be
effective for from three to five years before there is regrowth from adjacent
untreated areas. I Member Rice asked how much treatment would be required to get the pond back to
the condition in the 1971 aerial photo. Mr. Salonek answered that one treatment
would do it if the DNR would allow that by permit. Engineer Hoffman interjected
that the DNR would not allow that rapid a reduction of the cattail bog. Staff
would recommend treatment of the cattails to contain the expanding growth area
with a goal of gradually reducing the cattail bog to the 1971 status.
Public Comment
Speaking in support of treatment of the pond were Marge Bergquist, 4515 Garrison -
Lane; Constance Baarsch, 4500 Garrison Lane; Rosemary Booth, 6109 St. Johns
Avenue; Karen Gutterman, Paul Hanson, 4520 Garrison Lane; Frank Barnard, 4504
Garrison Lane; and Douglas Polich, 6113 St. Johns Avenue, who commented that the
pond needs dredging also.
Paul Gutterman, 4520 Garrison Lane, said that it is clear that the residents who
live on the pond are in support of treatment of the pond to control the cattails.
He added that there should be general maintenance to clear the stormwater drains
of debris.
the DNR on this issue and suggested that the residents maybe could bear part of
that cost.
Regarding dredging, he asked that the Public Works staff work with
Mayor Richards asked about costs for treatment and some dredging.
Hoffman said the herbicide treatment is estimated to be under $500.00.
may permit some maintenance dredging at the northwest corner where the stormwater
outlet is located, with the cost funded by the stormwater utility fund.
general dredging of the lake, the DNR has said the answer is no.
continue to work with the neighbors and DNR on this issue.
Engineer
The DNR
As to
Staff can
Mayor Richards raised the issue of who should bear the cost because of lack of
public access to the pond. He suggested that those private property owners who
benefit could be expected to bear 50 percent of the cost.
explained that the cost to treat these small ponds has come from the stormwater
utility fund in the past and that approximately $10,000 has been spent annually
on the City's small ponds. If the Council desired to change that policy, notices
could be sent this winter to all property owners abutting ponds saying if they
wanted to stay in the treatment program it may cost a certain amount per lot.
Engineer Hoffman
Member Rice made a motion to: 1) authorize herbicide treatment of the pond at
Wooddale Avenueflalley View Lane to contain the growth of cattails/loosestrife to
be funded by the stonmrater utility fund, 2) authorize maintenance dredging at
the stormwater outlet to be funded by the stormvater utility fund, and 3) direct
staff to bring back a proposed policy for future funding of City pond treatment.
Motion was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*HEARING DAm OF 11/07/94 SET FOR PROPOSED IXCREASE IN UINJI AND BEER LICENSE FEES
Motion vas made by Member Paulus and was seconded by Member Smith setting
November 7, 1994, as hearing date for proposed increase in wine and beer license
fees.
Motion carried on rollcall vote, four ayes.
91 191 94 7 8 *RESOLUTION ADOPTED APPOINTING GENIBAL ELECTION JUDGES Motion was made by Member
Paula and was seconded by Member Smith for adoption of the following resolution:
RESOLUTION APPOINT GENERAL ELECTION JUDGES
BE IT RESOLVED by the Edina City Council that the individuals named on the list
as presented and on file in the office of the City Clerk be appointed as election
judges for the State General/City Election to be conducted on November 8, 1994;
BE IT FIJaTHEB RESOLVED that the City Clerk be and is hereby authorized to make
any substitutions or additions as may be deemed necessary.
Motion carried on rollcall vote, four ayes.
WEPORT ACKNOWLEDGED ON 1995 HE!I?ROPOIJTAN COUNCIL WASTEWATER SERVICES SEWER RATE23
Motion was made by Member Paulus and was seconded by Member Smith to ackaoarledge
the report on the 1995 Metropolitan Council Wastewater Services Sewer Rates
indicating an increase of 13.5%.
Motion carried on rollcall vote, four ayes.
WATER RATE STUDY PRESICNTED: REXOHKENDED WATER RATES FOR 1995 APPROVED
Presentation bv Engineer
Engineer Hoffman presented a Water Rate Study for the City of Edina completed by
the City's consultant, Progressive Consulting Engineers, Inc. He said the study
has projected and analyzed revenue requirements of the City's public utilities
water division for the next 10 years. A primary goal was to evaluate the current
water rate structure and the adequacy of the revenue generated.
were developed to cover the projected water division costs. Also, the effects of
new and pending government legislation on wellhead protection, conservation and
emergency planning were considered in developing the recommended new rates.
New water rates
In summary, Engineer Hoffman said the study contains recommendations in Chapter
Four which would change the billing method to include a fixed rate meter charge
and then the customer pays a rate for all water used as opposed to the current
minimum charge. Additionally, the proposed rate for residential lawn sprinkling
will go up to a higher rate when more than 100 units of water per quarter is used
in the summer.
water is used to operate their businesses. The use above the 100 unit limit rate
would apply to about 20 percent of the summer utility users. This proposal is in
line with the intent of the new water conservation act.
provide a response and plan to Metropolitan Council regarding emergency water
planning and conservation.
The other primary issues that would affect the proposed rate structure involve
capital funds for ongoing infrastructure updates and repairs, and continuing
government legislation. A utility capital improvement schedule for the next
eight years was presented showing an expected expenditure of approximately
$750,000 per year. Government legislation pertains to the Water Conservation Act
(higher rate for lawn sprinkling), the 1986 Amendments to the Safe Drinking Water
Act (testing for additional contaminants), the 1992 Energy Policy Act
(retrofitting of plumbing fixtures to reduce water consumption), the Well Head
Protection Plan (required as part of the SDWA), Environmental Protection Agency
rules on radon, and the Emergency Preparedness and Conservation Plan.
I Commercial/industrial rate would not go up with use because the
The City will need to
Engineer Hoffman showed overheads of the current and projected water rates and
their affects.
charge plus a commodity charge for actual water used.
cover those costs that are fairly constant and are not generally affected by
temporal variations in water use by customers. Allocation of these costs to
individual customers would be according to meter size expressed in terms of meter
"equivalents", where larger meters are considered "equivalent" to a specified
number of standard 5/8 inch meters (size of majority of meters in Edina).
means that customers with larger meters will pay a larger fixed charge.
He noted that the projected rates consist of a fixed rate meter
Fixed or senrice charges
I This
9/19/94 79
The following chart was presented indicating the recommended water rates:
Quarterly Quarterly
$6.60 per 5/8" meter
equivalent commercial/industrial use-$0,56/unit*
Year Fixed Charge - Commodity Charge
1995 Residential use <lo0 units/qtr and all
Residential use >lo0 units/qtr and all
irrigation meters use=$0.74/unit
1996 Annual increase to Annual increase to
match inflation match inflation
(*1 unit = 100 cubic feet of water)
In conclusion, Engineer Hoffman said the recommended rates would allow the water
cash balance to increase which is undesirably low at present, being only a
fraction of the annual operation and maintenance costs, and would allow for
needed infrastructure improvements .
Member Smith asked how the system was paid for initially. Engineer Hoffman said
the original system for most homes was paid by the developer doing the building.
The last City project was the addition of a water tower and well paid with a bond
which is expected to be retired in 1999. The proposed water rates approach would
be based on water use and would not involve selling bonds. He observed that
water sales over the past three years have been flat due to the cool summers. In
addition, the Metropolitan Waste Control Commission has increased its rates much
of which is attributable to a $154,000 carry over from the wet summer of 1993
when a substantially higher volume of waste water was treated.
Member Rice asked why a commercial user such as a car wash should pay less than
someone using water in the home. Engineer Hoffman said the difference is that,
in the example of a car wash, water is needed to operate the business. However,
if a large increase in water consumption in the home is uses such as lawn.
watering that is considered aesthetics and not perceived as a needed use.
Member Kelly made a motion to accept the Water Rate Study and approve the
recommended water rates for 1995 as presented in the report.
by Member Paulus.
Motion was seconded
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
1995 RECYCLING CONTRACT AND RECYCLING UTILITY FEE DISCUSSED: RAWS TO BE
J!fEGOTIA!CED Recycling Coordinator Chandler presented the report of the Recycling
and Solid Waste Commission on the 1995 Recycling Contract and Recycling Utility
Fee.
program for 1995:
The report identified the following two factors affecting Edina's recycling
Hennepin County Residential Recvcling - Funding Policy
Commissioners has adopted a policy for 1995 through 1999 which reduces the
recycling funding from $1.75 per household per month to approximately $.80.
amounts to an annual reduction of $161,000 for Edina.
waste enterprise fund is shrinking due to recent court rulings against waste
designation they have determined they can no longer allocate money for recycling
grants to cities.
received from the State of Minnesota.
through the utility bill, it is anticipated that the funding reduction will
necessitate a recycling utility rate increase.
The County Board of
This
Because the County's solid
Instead, the County will simply pass through recycling funds
Since recycling program costs are now paid
Edina-Woodlake Recvcling Contract Edina's three-year recycling contract with
9/19/94 .. 8 8 Woodlake extends through 1995. The per household cost for 1995 is set at $1.96
for single family homes and $2.41 for townhomes, an 11 cent increase from 1994.
Woodlake has submitted proposals which would allow the 1995 rate to remain at the
1994 level or be reduced further if a contract extension is approved. The City
also has the option to change to curbside pickup at a lower cost.
Contract Options:
Recycling I #l.
#2. Would involve a contract extension thru 1997:
Retain the 1994 rate at $2.85/month single family for garage service,
contract thru December 1995.
1995 - 1996 - 1997
Single Family 2.55 2.85 3.01
Multi-family 2.13 2.43 2.59
1996 - 1997
Single Family, curbside 2.15 2.50 2.61
Multi-family, curbside 2.00 2.35 2.46
-
#3. Would involve a contract extension thru 1997:
1995 -
With contract extension a clause could be included that the rate for
materials return would be reviewed on a yearly basis.
Assuming Hennepin County funding of $.80 per household per month, the utility
billing increase over 1994 for single family would be as follows:
Option #1 - $2.70 per quarter; Option #2 - $1.80 per quarter; and Option #3 -
$.60 per quarter.
The Recycling and Solid Waste Commission agreed that each of the options would be
less costly than the current contract terms.
options as follows:
The Commission prioritized the
First Choice: Option #3, curbside service
Second Choice: Option #2, contract extension thru 1997
Third Choice: Option #1, service at 1994 rate for 1995, contract thru
December 31, 1995
Discussion followed by the Council Members on curbside versus garage side pickup
with the majority not in support of curbside pickup.
Member Smith made a motion that staff negotiate vith Woodlake on Option X2 to
attempt to retain the 1996 rate of $2.85 single family and $2.43 for multi-family -
for year 1997 and report back to Council. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
EAST ED= HOUSING FOUNDATION HOUSING PROGRAlB WDOBSED
reviewed the history of the East Edina Housing Foundation (EEHF) created in 1984
in connection with the Edinborough and Centennial Lakes projects. The EEHF may
operate in that portion of the City located east of Hansen Road and north of
Interlachen Boulevard. Within this area, the EEHF is authorized to undertake a
number of activities related to the provision of modest cost housing for persons
of low and moderate income.
Assistant Manager Hughes
The Foundation's assets total $5,426,105 as of December 30, 1993.
$3,550,000 of these assets are in the form of second mortgage notes and accrued
interest with respect to the Edinborough and Centennial Lakes Development.
Approximately $1,700,000 is in the form of liquid investments which has been used
to fund second mortgage loans for new condominium buyers at Centennial Lakes and
Edinborough.
On April 9, 1994, the City Council met with the Board of Directors of the EEHF
for the purpose of reviewing a number of conceptual alternatives for future
housing programs. At that meeting, the Council identified several objectives:
Approximately
9/19/94 81
1.
2.
3.
4.
5.
The program should focus on loans rather than grants.
The program should consider multi-family housing as well as single-
family housing.
Partnering with a local lender would be desirable.
Programs involving down payment loans and down payment loans coupled
with renovation loans would be desirable.
The program should not be limited to properties of less than $110,000
but a limit of $110,000 may be desirable.
Based upon the direction received from the Council, the EEHF has developed and
given approval to two programs: 1) Edina Community Home Buyer Program and,
2) Edina Home Partners.
with Richfield Bank and Trust Company.
relationship between the EEHF and Richfield Bank extend for a minimum of one
year.
These programs are proposed to be offered in cooperation
If approved, staff would suggest that the
Assistant Manager summarized the programs as follows:
Edina Communitv Home Buver Program
Program Description - Down payment loans in tandem with J?NMA first mortgages.
Loan Terms - Deferred repayment, five points below first mortgage, secured with
second mortgage.
Eligible Properties - Owner occupied single family homes.
Eligible Borrowers - Income at or below regional median. Asset limit may not
exceed equivalent of six months in principal, interest, taxes and insurance
(PITI).
Maximum Loan Amount - Two percent of purchase price plus closing costs.
Maximum income regardless of family size is $51,000.
Processing - First mortgage lender processes
functions.
Edina Home Partners
Progran Description - Home improvement loans
Loan Terms - Deferred repayment, five points
second mortgage.
Eligible Properties - Owner occupied R-1 and
Eligible Borrowers - Income at or below 110%
EEHF loin and performs all servicing
in tandem with home purchase.
below first mortgage, secured with
R- 2 homes.
of regional median income. Asset
limit may not exceed equivalent of six months PITI.
Maximum Loan Amount - Lesser of 15 percent of first mortgage or $20,000.
Eligible Costs - Basic repairs, i.e. energy efficiency improvements, mechanical,
electrical, plumbing, structural exterior improvements, code compliance and
accessibility or specialized improvements for persons with disabilities.
Processing - Borrower must first qualify for maximum first mortgage loan. EEHF
loan fills gap between first mortgage loan and total cost of purchase plus
improvements.
servicing functions.
Buyer Training - First time homeowners must receive training.
First mortgage lender processes EEHF loan and performs all
Assistant Manager presented overheads illustrating examples of typical loans
under each of the two programs.
deferred while the owner lived in the home. If approved, Richfield Bank and
Trust’s role would be to service the second mortgage portfolio except the
applications for these loans and do the processing.
furnish the second mortgage funding and to lend the City’s name in the promotion
of the programs.
He pointed out that the second mortgage would be
The City’s role will be to
Member Smith asked for clarification on the second mortgage interest and why
there were no Edina banks offering the program.
explained that the interest rate of the EEHF loan will be calculated on a simple
interest basis and not compounded.
Assistant Manager Hughes
He said Richfield Bank and Trust does have an
9/19/94 82
Edina office and the programs will be serviced out of that office.
he had contacted all other lenders in the City and Richfield Bank and Trust was
the one that came forward to do the program.
Member Paulus said she had a concern under the Edina Home Partners program about
what would happen if the loan was refinanced. Assistant Manager Hughes explained
that in the case of Edinborough and Centennial Lakes the EEHF will subordinate
only to achieve a lower interest rate and will not allow any cash to be taken out
in connection with refinancing. He said he expected that the EEHF would apply .
that same policy to these programs.
He added that
I
Member Rice asked how much has been written off since the inception of the EEHF.
Assistant Manager Hughes said there have been five loans totaling approximately
$50,000 with two loans in the state of foreclosure.
Council Comment/Action
Mayor Richards commented that he felt the assets limitation of six months PIT1 is
too severe but otherwise it was a good program. Member Smith said he concurred.
Member Rice asked what other limitation could be applied. Mayor Richards said
the programs have an income and monthly debt limitation which he felt would be
sufficient. Further, he believed individuals should be encouraged to save money.
He added that the programs will regenerate and create more money for first time
home buyers or those wanting to do home improvements in conjunction with a home
purchase.
Member Smith made a motion to endorse the East Edina Housing Foundation housing
programs as presented with the exception of possible modification of the asset
limitation. Motion was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
1-494 COMMISSION RECIPROCAL DEFENSE Am APPROVED
Member Paulus and vas seconded by Member Smith for adoption of the following
resolution:
Motion was made by
RESOLUTION AUTEORI!ZIHG RECIPROCAL DEFEHSE
AND INDEMNIFICATION A-
BE!CU" COMLISSIOLP MEMBERS
VHEBebS, the 1-494 Corridor Commission consists of the cities of Bloomington,
Richfield, Edlna, Hinnetonka, Plpmth, Maple grove and Eden Prairie, and
VHEBEbS, the City of Eden Prairie has been chosen as the signatory on the Agency
Agreement between the Minnesota Department of Transportation and the 1-494
Corridor Commission;
VBEBEdS, the Agency Agreement requires the City of Eden Prairie to indemnify and
hold harmless Mnm from and against certain claims or demands as set forth
therein;
WHEREAS, the member cities of the Conrmission agree to share in any
indemnification or liability under the Agency Agreement;
NOU, THEREFORE, BE IT RESOLVED by the City Council of Ed-, Minnesota, that it
hereby authorizes and directs the Mayor and Manager to execute the Agency
Agreement on behalf of the City of Ed-.
Motion carried on rollcall vote, four ayes.
PROPOSED ANNEXATION BY l!lI"E!I!O~ OF LAND PARCEL AT HIGHWAYS 62 AND 169
DISCUSSED: NO ACTION Planner Larsen advised Council that Cellular One has
applied for a variance to construct a 100 foot antenna tower near the northwest
quadrant of Highways 62 and 169. The subject property is vacant but is part of
the Data 100 development which is in the City of Minnetonka.
however, would be located on a parcel in Edina which was severed from mainline
The tower location,
9/19/94
83
Edina when the
for a variance
Planner Larsen
highway was constructed some time ago.
from the 65 foot height restriction to
said if the applicant were to move the
the hill they could accept the height restriction and
The applicant
construct this
has applied
tower.
tower location further up
no variance would be
required.
existing trees on that hillside to provide a clear path for the signal.
Such proposed relocation would require removal of a lot of the
Staff has met with and discussed the proposed installation with Minnetonka
officials. They have expressed their opposition to the proposal. The City of
Minnetonka has asked that we consider a land trade or annexation so that they may
control any development on this parcel.
cities is not available, but an annexation of this parcel may make sense. The
parcel is west of the freeway, is part of an existing development in Minnetonka
and there is no access to the site from the City of Edina.
A logical land exchange between the two
Minnetonka staff has suggested the possibility of paying Edina its tax share on
the parcel for 25 years.
per year and Minnetonka has suggested a payment of $50,000 for the proposed
annexation. There is a concern as to liability for the City of Edina relating to
certain property rights that may disappear if the parcel were annexed by
Minnetonka. Edina would be discussing with Minnetonka that liability issue as to
indemnifying Edina against any action that may result from this.
is willing to consider the proposal staff would negotiate a package to bring back
for Council consideration.
The property tax on the parcel is approximately $2,000
If the Council
Member Paulus asked who in Edina would be affected if control of this parcel were
given up. Planner Larsen said in his opinion he did not believe there would be a
negative impact on the City. Notwithstanding Minnetonka's position, if a tower
were erected as proposed, it would be a pretty good location from Edina's point
of view and would be less aesthetically displeasing than a prior tower proposal
further to the north off of Lincoln Drive.
Mayor Richards commented that the proposed annexation would be intrusive of
government by taking away private property rights and he would not support such a
a proposal.
action was taken on the proposed annexation.
Member Kelly said she concurred with Mayor Richards. No formal
CONCERN EXPRESSED REGARDING COMPOST PILES AND ARCHERY TO CONTROL DEEB POPULATION
William Basill, 5045 Windsor Avenue, said he was concerned about compost piles
that are not turned over and in effect become nesting sites for rodents.
Council his cat has been bringing home a lot of mice this summer and he had
traced the source back to a compost pile that was not managed.
there are complaints about cats coming into yards the residents should be told to
turn over their compost piles. In addition, he suggested a hold harmless area of
25/30 feet around compost piles.
He told
He said before
A second issue concerned the City's deer control program.
appeared previously before Council when the program was discussed and approved.
He had suggested the program be opened up to archers with a DNR permit limited to
the Braemar Park Area. This has been done successfully in Blaine, Red Wing and a
number of other cities, He suggested the Council think about this for next year.
He said he had
TRUTH IN TAXATION NOTICE DISCUSSED The Council discussed the form of notice that
would be sent to property owners advising of proposed property taxes for 1995.
Mayor Richards commented that it is misleading and does not tell the real story.
Staff was asked to research whether the form of notice could be reworded, if the
City could include an information sheet with the notice and also the cost for
placing a separate advertisement in the newspaper.
9/19/94
CLAIMS PAID
claims as shorn in detail on the Check Register dated September 14, 1994 and
consisting of 29 pages: General Fund $367,659.12, C.D.B.G. $3,360.00,
Compnmication $9,957.62, Working Capital $7,790.30, Art Center $7,160.39,
Swimming Pool $1,087.02, Golf Course $40,026.06, Ice Arena $9,169.39, Gun Range
$410.99, Edinborough/Gentennial Lakes $25,586.16, UtilitJr Fund $77,135.11, Storm
Sewer $16,720.47, Recycling $39,841.19, Liquor Fund $76,425.32, Construction Fund
$324,594.98, TOTILL $1,006,924.12; and for confinna.tion of payment of the
follooring claims as shm in detail on the Check Register dated September 8, 1994
and consisting of 10 pages: General Fund $167,962.91, Golf Course $8,962.08, Ice
Arena $16,706.00, Edinborough/Centennial Lakes $8,221.45, Licpor Fund
$280,552.95, !lUTAL $482,405.39. Motion was seconded by Member Rice.
Member Kelly made a motion to approve payment of the following
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:30 P.M.
City Clerk
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