HomeMy WebLinkAbout19950117_regular979
lIIlpuTES
OF THE BEGULAR LIEETDG OF THE
EDIHd CITY COUt?CIL HELD AT CITY €TAIL
JANUARY 17, 1995 .
ROILCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith, and
Mayor Richards.
CONSENT AGENDA I!L'EMS APPROVED Motion was made by Member
by Member Kelly to approve and adopt the Council Consent
presented.
Rollcall :
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
Smith and vas seconded
Agenda items as
*MINUTES APPROVED FOR REGUL4R MEETING OF DECEKBER 19. 1994. YJ3AR END LIEETING OF
DECEMBER 29. 1994. REGULAR ZIEETIETG OF JANUARY 3. 1995 Motion was made by
Member Smith and was seconded by Member Kelly to approve the Minutes of the
Regular Meeting of December 19, 1994, Year End Heeting of December 29, 1994, and
Regular Meeting of January 3, 1995.
Motion carried on rollcall vote - five ayes.
FINAL PLAT APPROVED FOR AROH ADDITION (LOT 12, AUDITOR'S SUBDIVISION NO. 325 -
5200 ScHhEFEB ROAD1
Presentation bv Planner
Planner Larsen presented the request for final plat approval for property located
at 5200 Schaefer Road, noting that this is a developed single dwelling lot with a
lot area of 128,380 square feet. The Council granted preliminary plat approval on
October 3, 1994.
Larada Lane would be extended easterly to serve the new lot.
Preliminary plat approval assumed the existing cul-de-sac of
Since preliminary plat approval, there have been further discussions with
neighbors adjacent to the existing cul-de-sac. These neighbors prefer that the
street remain as is and not be extended and the proponent is in agreement. Not
extending the street would require a variance from the requirement that lots have
at least 30 feet of frontage on an improved public street.
right of way would be dedicated to the City, but the street would not extend into
the new right of way.
existing street and would pass through the right of way.
In this case, the
The new lot would be served by a new driveway from the
Staff would recommend final approval of the proposed development plan and the
requested variance.
neighbors while not affecting development of the new lot. It would also save a
number of trees which would be lost if the road were extended. Staff would
recommend that final plat approval be conditioned on: 1) an executed and bonded
developers agreement to cover extension of the sanitary sewer, 2) subdivision
dedication based on unimproved land value of $150,000, and 3) executed roadway
easements from adjoining property owners at 5224 Schaefer Road and 5211 Larada
Lane. .Verbal commitments have been received from the adjoining property owners
to provide the necessary easements.
The variance would maintain the status quo for existing
Planner Larsen clarified to Member Smith that the City has easements necessary to
extend the roadway and thek-eby eliminate the need for the variance, but because
of the existing condition it is better to leave it as is.
Answering Member Maetzold, Planner Larsen said at the present time plans to
subdivide the lot immediately to the south have not been presented but could be
expect e d .
1/17/95
Presentation for Proponent
Mike Gair, McCombs Frank Roos and Associates, stated he represented the
proponent, Sue Arom, and they are in agreement with staff recommendations for the
final plat. He has met with neighbors Arne Rovick, 5211 Larada Lane, and Howard
Weiner, 5224 Schaefer Road, and has worked with Mr. Weiner's attorney to acquire
execution of the necessary easements and underlying agreements between the
affected parties.
Arne Rovick, 5211 Larada Lane, said he favored this proposal because it would
maintain the street in its existing condition and save the oak trees directly
east of the cul-de-sac. He said he had asked that they rebuild the old stone
retaining wall on the island and Planner Larsen had said that was an appropriate
request. Mr. Rovick said he would urge approval of the variance and final plat.
No further public comment or concern was heard.
Council Comment/Action
Heniber smith introduced the following resolution andmaved adoption, subject to
1) executed and bonded developers agreement, 2) subdivision dedication of $12,000
based on unimproved land value of $150,000, and 3) executed roadway easements
from adjoining property owners at 5224 Schaefer Road and 5211 Iarada Lane:
RESOLUTION APPROVING FINAL PIAT
FOE AROM ADDITION
BE IT RESOLVED by the City Council of the CiQr of Edina, Minnesota, that that
certain plat entitled WAROM ADDITIONw, platted by Kit V. Arm and S-da V.
Arm, husband and wife, FBS Mortgage Corporation, a Nevada corporation, and First
Bank National Association, a national banking association, and presented at the
regular meeting of the City Council of January 17, 1995, be and is hereby panted
final plat approval.
Motion for adoption of the resolution was seconded by Member Maetzold. I Rollcall :
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
*LOT DIVISION GRANTED FOB 5308-10 VEST 70TH STBEET
Smith and was seconded by Header Kelly for adoption of the folloving resolution:
VHEBEdS, the follouing described property is at present a single tract of land:
VHEBeds, the mer has requested the subdivision of said tract into separate
parcels (herein called "Parcelsw) described as follous:
Motion vas made by Member
RESOLUTION APPROVIHG WT DIVISION
bt 2, Block 1, BROOKVIEW HEIGHTS 3BD ADDITION, JACOBSON BEPIAT, and
Parcel 1: That part of Lot 2, Block 1, which lies westerly of a line dram
from a point on the south line of said Lot 2, distant 41.91 feet east of
the southwest corner of said Lot 2, to a point on the northeasterly line of
said Lot 2 distant-75.27 feet southeasterly of the northwest corner of said
Ut 2, as measured along said lines, and there terminating.
Parcel 2: That part of Lot 2, Block 1, which lies easterly of a line drawn
from a point on the south line of said Lot 2, distant 41.91 feet east of
the southvest corner of said Lot 2, to a point on the northeasterly line of
said Lot 2 distant 75.27 feet Southeasterly of the northwest corner of said
Lot 2, as measured along said lines, and there terminating.
UHENZAS, the reqttested subdi.vision is authorized under Code Section 810 and it
has been determined that contpiiance with the Subdivision and Zoning Regulations
of the City of Edina will create an unnecessary hardship and said Parcels as
separate tracts of land do not interfere with the purpose of the Subdivision and
Zoning Regulations as contained in the City of Edina Code Sections 850 and 810;
HOU, THEREFORE, it is hereby resolved by the City Council of the Ciw of Edina
4
I
that the ccmveyance and ownership
separate tracts of land is hereby
of the second abuve described Parcels as
approved and the requirenents and provisions of
1/17/95 181
Code Sections 850 and 810 are hereby waived to allow said division and conveyance
thereof as separate tracts of land, but only to the extent permitted under Code
Section 810 and Code Section 850 and subject to the limitations set out in Code
Section 850 and said ordinances are not waived for any other purpose or as to any
other provisions thereof, and further subject, however, to the provision that no
further subdivision be made of said Parcels unless made in compliance with the
pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR CHEVROLET S-10 EXTENDED CAB PICKUP Motion was made by Member
Smith and was seconded by Member Kelly for award of bid for one Chevrolet S-10
extended cab pick-up for Park Maintenance Department to Thane Hawkins Polar
Chevrolet at $17,291.34, through Hennepin County Bid Contract Number 3268A4-232
Item #A.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ENGITEERING DESIGN JET PLOTTER Motion was made by Member Smith
and was seconded by Member Kelly for award of bid for an engineering design jet
plotter to recommended low bidder, Albinson, at $7,616.72.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR MILLIXG HEAD AmACHHEIQT
seconded by Member Kelly for award of bid for a milling head attachment to
recommended low bidder, St. Joseph Equipment, at $10,484.93.
Motion vas made by Member Smith and was
Motion carried on rollcall vote - five ayes.
PLAN OF ACTION APPROVED TO ERADICATE GYPSY MOTH INFESTATION IN INDIAN HII;LS Park
Director Keprios told Council that the Minnesota Department of Agriculture (MDA)
in cooperation with the United States Department of Agriculture (USDA) has
informed the City of a gypsy moth infestation that has been found in the Indian
Hills area of Edina.
Supervisor for Plant Protection.
He introduced Dwight Robinson, MDA Pest Management Program
Mr. Robinson said that the State of Minnesota has been fortunate that gypsy moth
has not been established here in great numbers.
an extraordinary incident where gypsy moth egg masses were brought in on nursery
stock and shipped to various locations around the state.
Indian Hills area of Edina was one of the locations that was infested. The MDA
has confirmed that there is an infestation because the completed life cycle of
the gypsy moth, i.e. egg masses, were found constituting a serious infestation in
that particular area.
In the spring of 1994, there was
Unfortunately, the
Mr. Robinson told Council that action needs to be taken to eradicate the
infestation before it expands. MDA plans to do this by applying a biological
insecticide, Bacillus thuringiensis (BT), which is a very safe and tested product
that is effective against the gypsy moth insect in the caterpillar (or larva)
stage.
and Jean Ciborowski, MDA Plant Health Specialist & Exotic Insect Coordinator.
Mr. Robinson then showed a video depicting the life cycle of the gypsy moth and
the defoliation damage it can do when in its larval stage because of its
voracious appetite for both deciduous and coniferous trees.
explained how the gypsy moih is detected by use of traps and how infestations are
eradicated.
He introduced Kevin Connors, USDA Plant Protection & Quarantine Officer,
The video also
Mr. Connors said that the USDA has been involved with the gypsy moth program for
almost 20 years and works with state departments of agriculture because although
the gypsy moth tends to move slowly it can move great distances through
artificial spread, e.g. egg masses on nursery stock, as happened in this case.
1/17/95
18 2
He presented a
explained that
map showing the general area of the Indian Hills infestation and
22 traps were set in the Arrowhead Lake area. As a result, '20
male gypsy moths were-recovered and a total of three viable egg masses were found
indicating a reproducing population.
Ms. Ciborowski pointed out an area of approximately 100 acres proposed as the
control area. The residents in the control area would be informed and educated
in a public meeting administered by the MDA and USDA and in addition be mailed
literature and notice. If approved and supported by the Council, the proposed
control would consist of two aerial applications of Bacillus thuringiensis var.
kurstaki (BT) by helicopter at sun-up taking approximately 15-30 minutes. The
first application would be towards the end of the first week in May and the
second application would follow 7-10 days later.
provide a safe landing/staging area for the contracted helicopter and the Police
and Fire Departments would be asked to assist with traffic control and area
safety. After the spraying, the MDA and USDA will follow up with extensive
trapping in the control area to make sure that the eradication program has been
successful.
The City would be asked to
In response to concerns of Council, Ms. Ciborowski said the level of risk of BT
to humans and pets is minimal. A human study done in Vancouver has indicated
that because BT is a bacterial, non-chemical product it does not pose any serious
health risk to humans, plants or animals and would only affect other types of
caterpillars. The MDA would do an environmental assessment statement to make
sure there are no endangered or rare species in the control area.
Environmental Protection Agency has established no re-entry period for this
product and there are no food tolerance limits.
In response to Mayor Richards, Director Keprios said the staff would recommend
that the Council approve and support the plan of action for eradicating the gypsy
moth infestation as proposed by the MDA and USAD.
Also, the
Mayor Richards asked what would happen if the City gives its approval and then
something comes to the Council's attention that would indicate the spraying
should not be done. Mr. Robinson responded that the MDA and the USDA need the
consent and cooperation of the city they are working with and if any serious
facts would surface suggesting this spraying not occur, it should not be done.
Member Paulus made a motion to approve and support the plan of action of the
Minnesota Department of Agriculture and the United States Department of
Agriculture to eradicate the gypsy moth infestation In the Indian Hills area of
Edina .
Motion was seconded by Member Kelly.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
HENNJZPIN COURTP -El% AT IARGE APPOIWIMENTS FOR CREEK UATEBSEED
DISTBICT NOTED AND COWCILIT1JED TO FEBRUARY 6. 1995
attention to term expirations on March 8, 1995, for Hennepin County member at
large appointments to the Minnehaha Creek Watershed District.
names of interested individuals be submitted for consideration by the Council on
February 6, 1995, as to possible nomination.
Mayor Richards called Council's
He asked that
I *"E-MLE CREEK WATERSHED DISTRICT MUNTEWNGE PROJECT ACKNOWLEDGED Motion YBS
made by Member smith and was seconded by Member Kelly acknowledging the report on
the Nine-Mile Creek Watershed District management project being conducted jointly
with the City of HopkinS west of Highway 169, with minor channel maintenance
dredging in Edina from Dovre Drive to Highway 169.
Motion carried on rollcall vote - five ayes.
1/17/95 183
HJIARING DATE OF FEBRUARY 6. 1995. SET FOR ISSUANCE OF HEALTH FACIIJTIES REvEEmE
BONDS FOR VOLlJIWEEW OF AHJCRICA CARE CENTERS PROJECT Mayor Richards advised
Council that Volunteers of America Care Facilities (VOA) has requested that the
City of Edina consider issuing 501(c)3 revenue bonds on their behalf, not to
exceed $8,500,000.
liability for the bonds. A date of February 6, 1995, has been recommended as
hearing date to consider the request.
The City would be strictly a conduit issuer and would have no
Mark Beese, Senior Vice President of Miller, Johnson & Kuehn, stated that his
firm has been retained by Volunteers of America (VOA) as underwriter for the
proposed issue.
Xerxes Avenue South since '1973 and over the 22 years has served the elderly
community by providing affordable licensed skilled nursing care.
He commented that VOA has owned the Edina Care Center at 6200
Mr. Beese explained that the proposed project is for refinancing of the
facility's existing debt and to provide fundLng for remodeling and the addition
of an atrium to the facility.
improvement of an existing nursing facility and refinancing of debt.
streamline and economize the financing transaction, they are requesting the City
to issue tax-exempt revenue bonds to provide a single financing package for both
the Edina and Crystal projects.
A related project in Crystal would involve the
To
Member Smith noted that only one of the facilities is in Edina and asked what the
proceeds split would be.
Crystal and Edina projects would be 50-50.
issue the bonds is that Edina has good name recognition for selling the bonds.
Mr. Beese answered that the proceeds split between the
The reason that the City is asked to
Member Kelly asked what risk the City would assume in issuing the bonds and if in
any way it may affect the City's ability to issue more bonds in the future, i.e.
too much indebtedness. Mayor Richards observed that no City assets would be at
risk. However, the unknown is in case of default - people may look at the City
in a lessor light. Attorney Gilligan opined that these revenue bonds should not
affect any of the City's bonds as they would be two separate credits even though
the City's name would be on both issues.
Member Wetzold moved adoption of the following resolution:
BESOUPTION C-G FOR PlJBIJC HE4RR?G
WITH RESPECT TO THE PROPOSED FIJUNCING
OF FACILITIES FOR VOA CAW CENTERS, MINNESOTA
WEEREAS, a proposal has been made to this Council by VOA Care Centers, Minnesota,
a Minnesota nonprofit corporation (the "Borrower"), that the City issue its
revenue bonds (the "Bonds") in order to finance a project consisting generally of
the acquisition of a 161 bed nursing home facility at 6200 Xerxes Avenue South in
the City of Edina and a 192 bed nursing home facility at 3245 Vera Cruz Avenue
North in the City of Crystal, and construction of improvements to said
facilities, pursuant to Minnesota Statutes, Sections 469.152 to 469.165, as
amended (the "Act"); and
UEEREAS. the facilities to be financed will be owned and operated by the Borrower
or a related entity; and
WEEREAS, in order to comply with the requirements of the Act and Section 147(f)
of the Internal Revenue Code of 1986, as amended, this Council must conduct a
public hearing on the proposal and publish notice of the public hearing not less
than 14 days prior to the date fixed for the hearing:
NOU, TEEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Minnesota. as follovs:
1.
undertake the issuance of the Bonds on Monday, February 6, 1995 at 7:OO P.H. at
the City Hall, at which hearing all parties who appear shall be given an
opportunity to express their views with respect to said proposal.
A public hearing shall be conducted by this Council on the proposal to
1/17/95 184
2. Notice of the hearing, substantially in the form of mibit A hereto, shall
be published at least once not less than 14 days prior to the date fixed for the
hearing, in the official newspaper of the City.
BWPTED this 17th day of January, 1995.
Y
i/_iAs&/
' Mayor
78 _p
AmST :
Ciq Clerk
Exhibit A
NOTICE OF PUBLIC ElEARING
ON FlXANCILP% FAClIJTIES
FOR VOA CARE CWTEBS, MIHNESOm
NOTICE IS EEREBY GIVEN that a public hearing shall be conducted by the City
Council of the City of Edina, Minnesota on a project proposed to be undertaken
and financed pursuant to Minnesota Statutes, Section 469.152 to 469.165, as
amended, by the City and VOA Care Centers, Hhmesota, a Llinnesota nonprofit
corporation (the "Borrower").
City of Edina on Monday, Febraary 6, 1995, at approximately 7:OO P.M. The
project as proposed consists generally of the acquisition of a 161 bed nursing
home facility at 6200 Xerxes Avenue South in the City of Edina and a 192 bed
nursing home facility at 3245 Vera Cruz Avenue North in the City of Crystal, and
construction of improvements to said facilities.
villbe orned and operated by the Borrower or a related entity.
proposal, up to approximately $8,500,000 in principal amount of bonds of the City
el be issued to finance the project.
shall give all parties uho appear or submit mitten comments an opportunity to
express their vievs with respect to the proposal to undertake and finance the
project.
trade and Econonic Development for approval of the project, together with all
exhibits thereto, is available for public inspection at the office of the Ciw
Manager, Monday through Friday from 8:OO A.M. to 4:30 P.M., to and including the
date of hearing.
Dated January 25, 1995.
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella M. Daehn, City Clerk
Motion was for adoption of the resolution was seconded by Member Smith.
The hearing will be held at the City Hall in the
The facilities to be financed
Under the
At said time and place the City council
A draft copy of the proposed application to the Wnuesota Department of
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
*1995 L4BOR CONTRACT APPR0VJIJ.l - TEAMSTERS LOCAL 320 (POLICE1 Motion vas made by
Member Smith and uas seconded by Member Kelly to approve the 1995 Labor Contract
dth Teamsters Local #320 for Police Officers to include the following:
1)
2) Uages - 2.5% increase.
3)
of 960 hours.
960 hours may be placed in an account that may be used and scheduled like
vacation, only den it is not detrhental to the employer.
unused sick leave an employee can use axmaally is three days.
accruing the in unused sick leave account; all time in the account must be used
before the end of the year in which time was place in account.
be cleared on December 31 of each year.
below 960 hours are not eligible for this provision.
Health Insurance - $10.00 per month increase in City's contribution.
Urmsed Sick Leave - sick leave will accrue eight hours per month to a max3nnnn
On an amnuil basis, 25% of all hours of unused sick leave abave
Maximum amount of
Ho banking or
All accounts uill
Employees dose sick leave balances drop
Motion carried on rollcall vote - five ayes.
HLC LEGISIATIVE Dl2l"ER DATE CXIANGKD NOTED Mayor Richards informed the Council
185
that the annual Municipal Legislative Commission Legislative Dinner date has been
changed from Wednesday, January 25, to Wednesday, February 8, 1995. The dinner
will still be at the Decathlon Club in Bloomington.
make reservations with the Manager’s staff.
He asked Council Members to
CLAIMS PAID Member Kelly made a motiw to approve payment of the following
claims as shown in detail on the Check Register dated January 12, 1995, and
consisting of 27 pages: General Fund $2,450,020.84; C.D.B.G. $11,198.50;
Communication $4,221.51; Working Capital $1,593.09; Art Center $7,386.82;
Swlmming Pool $361.45; Golf Course $36,529.41; Ice Arena $17,469.56; Gun Range
$714.11; Edinborough/Centennial Lakes $21,205.56; Utility Fund $30,713.72; Storm
Sewer $1,773.84; Liquor Fund $62,461.56; IBR #2 Fund $233,685.00; TOTAL
$2,879,334.97; and for confirmation of payment of the following claims as shown
in detail on the Check Register dated January 6, 1994, and consisting of 12
pages: General Fund $125,801.11; Working Capital $1,000.00; Liquor Fund
$335,838.96; TOTAL $462,640.07. Motion seconded by Member Smith.
Rollcall :
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 8:15 P.M.
City Clerk