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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