HomeMy WebLinkAbout20001003_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
OCTOBER 3,2000 - EO0 P.M.
ROLLCALL
Maetzold.
Answering rollcall were Members Faust, Hovland, Johnson, Kelly, and Mayor
CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by
Member Faust approving the Council Consent Agenda as presented.
Rollcall: .
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Motion carried.
NATIONAL FIRE PREVENTION WEEK PROCLAIMED Mayor Maetzold proclaimed the week of
October 8 - 14 as National Fire Prevention Week in Edina. He encouraged all citizens and civic
organizations to participate in fire prevention activities at home, work and school and to recognize
the contributions that firefighters make every day to our health, safety, comfort and quality of life.
Member Faust made a motion approving the proclamation designating Fire Prevention Week for
October 8 - 14,2000. Member Hovland seconded the motion.
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETINGS OF SEPTEMBER 19,2000, APPROVED Motion made
by Member Hovland and seconded by Member Faust approving the Minutes of the Regular
Meetings of September 19,2000. *
Motion carried on rollcall vote - five ayes.
RESOLUTION NO. 2000-102 VACATION OF UTILITY AND DRAINAGE EASEMENT
APPROVED - BRENDAN GLENN Engineer Hoffman explained the proposed vacation of the
existing easement is requested by the developer of the Brendan Glenn Plat. The plat will have a new
drainage and utility easement which will replace the existing easement. Staff recommends approval
of the vacation. Xcel Energy, USWest, Time Warner Cable and Reliant Energy have approved the
request.
Staff recommends vacating the existing easement in Document No. 3490171 over a portion of the
northwest quarter of Section 6, Township 116, Range 21 with +e condition that the existing easement
be replaced on the new Brendan Glenn Plat.
No public comments were heard.
Member Johnson made a motion closing the hearing. Member Hovland seconded the motion.
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Motion carried.
Member Johnson introduced the following resolution subject to and moved its adoption:
RESOLUTION NO. 2000-102
RESOLUTION VACATING UTILITY AND DRAINAGE
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Minutes/Edina City CounciVOctober 3,2000
EASEMENTS AND PUBLIC STREET RIGHT-OF-WAY
WHEREAS, a motion of the City Council, on the 5th day of September, 2000, fixed a date
for a public hearing on a proposed street vacation; and
WHEREAS, two weeks published and posted notice of said hearing was given and the
hearing was held on the 3rd day of October, 2000, at which time all persons desiring to be heard
were given an opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the public that
said public street and easement vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing easements
within the area of the vacation and the extent to which the vacation affects the authority of any
person, corporation, or municipality owning or controlling electric, telephone or cable television
poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of
the proposed vacation to continue maintaining the same, or to enter upon such easement area or
portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina,
Hennepin County, Minnesota, that the following public street right-of-way, and utility and
drainage easements are hereby vacated effective as of October 3,2000:
That part of Lot 8, AUDITOR'S SUBDIVISION NUMBER 196, Hennepin County,
Minnesota, as follows:
Commencing at the Southwesterly comer of said Lot 8; thence East along the
southerly lie of said Lot, 417 feet; thence northerly on a line parallel with the West
line of said Section 6,435.5 feet; thence westerly on a line parallel to the South line
of said Lot, 417 feet; thence Southerly 435.5 feet to the point of beginning.
Also, that part of Lot 8, AUDITOR'S SUBDIVISION NUMBER 196, described as
follows:
Beginning at a point on the South line of said Lot 8, distant 483.3 feet East of the
Southwest comer thereof; thence West along the South line of said Lot 66.3 feet;
thence North parallel with the West line of aid Lot, 435.5 feet; thence East parallel
with the South line of said Lot, one foot, more or less, to the Westerly line of
McCauley Road as now laid out and opened by the Village of Edina; thence
Southerly and Southeasterly along the Westerly line of said road to an intersection
with a line drawn North from the point of beginning and parallel with the West line
of said Lot; thence Southerly along said line so drawn to the point of beginning,
Hennepin County, Minnesota.
BE IT FURTHER RESOLVED that said vacation does not affect, and there are continued,
reserved, and retained, by the said resolution ordering the vacation, the following existing
easements and authority in, on and under the above vacated area:
The authority of Xcel Energy, USWest Communications, Time Warner Cable or Reliant
Energy to enter upon the above vacated area for the m&tenance, replacement, repair and removal
of and for otherwise attending to, underground, conduit, manholes, cables, wires and poles
required for utility service now in, on or under the above vacated area.
BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to cause a
notice of completion of proceedings to be prepared, entered in the transfer record of the County
Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section
412.851.
Member Hovland seconded the motion.
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MinutesEdina City Council/October 3,2000
Rollcall
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Motion carried. I
PRELIMINARY REZONING APPROVED FOR R-1, SINGLE DWELLING UNIT DISTRICT TO
PCD-1, PLANNED COMMERCIAL DISTRICT (EDWARD AND LISA NOONAN) Planner Larsen
explained the subject property is located at 4528 France Avenue South and is developed with a one
story garage/warehouse building located in the westerly portion of the site. A small area within the
garage has been used for offices. The garage roof is approximately the same grade as France Avenue.
The property is zoned R-1, Single Dwelling Unit District. In 1965, while the site was still part of the
Village of Morningside, the Village Council approved occupancy by a heating and air-conditioning
company. The property was not rezoned. The following year, the village of Morningside became part
of Edina. Since that time, the building has housed several businesses as well as at one point a
dwelling unit. Recently the building has housed a classic car collection. The use of the property for
storage, warehousing and office use is considered legally non-conforming. The property was recently
purchased and the owner seeks to rezone the property to PCD-1, Planned Commercial District, to
allow construction of a 2,269 square foot building to be used for office and general retail use. The
building would have a full basement that would walk out at the same level as the entrance to the
existing building. The exterior concept would be of brick and glass.
The City adopted a Redevelopment Plan for the 44th and France Commercial Area in 1990. The Plan
illustrated the subject property as part of a larger scale redevelopment including the building now
operating as Edina Cleaners. The redevelopment was envisioned as neighborhood scale retail. Staff
has no knowledge of any plans by the owners of the cleaners to undertake a redevelopment.
Redevelopment of the subject property would not prevent a future development of the cleaner's site.
Mr. Larsen concluded the proposed use is consistent with the adopted Redevelopment Plan and thus,
is consistent with the Comprehensive Plan. The location of the proposed building relates well with
neighboring buildings, and with the grades of the site. Parking is and will continue to be an issue in
the 44th and France area. Loss of the Metro Transit park and ride lot in Minneapolis will make
parking tighter. The 21 spaces provided by this proposal represents one of the larger private parking
lots in the area, however the garage spaces are not as visible or convenient as surface spaces and are
best utilized by employees. Restaurant and other food related uses would likely cause parking
problems in the vicinity. Mr. Larsen said he would recommend approval be conditioned upon a
prohibition of restaurants and other food related uses in the new building.
Staff recommends approval of preliminary rezoning to PCD-1 conditioned on: 1) Final Rezoning; and
2) No restaurants or food related uses be allowed as tenants.
Council comments
Member Faust asked what the length would be for the proposed building. She further asked if the
Valvoline Oil site has been redone within the past 8-10 years. Planner Larsen said if the corporation
owing Valvoline Oil considered closing the site, another commercial use would be favorably looked
upon.
Member Hovland.reiterated it was recommended by staff that approval be granted with two
conditions. He inquired whether this was a problem for the developer. Mr. Larsen said the proponent
did not express any concern with the conditions. Member Hovland said the use of the site now is
non-conforming and in the future would present a possibility for redevelopment. Planner Larsen
admitted the property has had many uses. Member Hovland asked if staff believes the planned use
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Minutes/Edina City CounciVOctober 3,2000
for the building is good. Mi. Larsen believes the opportunity exists for a reasonable reuse of the
building.
Member Kelly asked if parking use on the site could be restricted. Planner Larsen said that legally he
was not sure if this could be done. Attorney Gilligan said no, he did not believe parking restrictions
could be legally enforced on the site. Member Kelly inquired whether there were more conditions or
if any variances were required. Planner Larsen said no to both concerns.
Proponent comment
Edward Noonan, 4700 Medane, said he finally acquired the property at 4528 France Avenue after
two years of deliberations. The property is tided to Lisa and Edward Noonan and is not related to
Noonan Construction. They purchased the property in the event the Grandview Square project
displaced them. Responding to a question about the building length, he said it will be 120.1 feet long
and 70.2 feet deep. Mr. Noonan said he worked with the City Planning Department and considered
the suggestion to move the building forward to be consistent with the neighborhood. Use of the
property could be for a small business with minimal storage much like his business. He currently has
tenants in his existing building that would relocate to the new site. He stated he would chose the
tenants carefully because of the limited parking. Mr. Noonan said the area needs to be cleaned up
and a serious drainage issue rectified. He added he has had a good working relationship with the
adjoining residents to the site and asked if a decision could be made as soon as possible on the
Preliminary Rezoning to enable construction to begin.
Member Faust voiced concern with, 1)elevation of the driveway, 2) would the driveway would be
heated, and 3) would the garage door remain open. Mr. Noonan said the garage floor would be
raised 32 inches for 1) drainage, and 2) 13 foot ceilings are not necessary. Member Faust asked if the
driveway would be extended to the lot line. Mr. Noonan responded that a landscape buffer would be
a part of the plan. Member Faust asked what the driveway width would be. Mr. Noonan said the
driveway would be 17 feet with a 3 foot walkway down the side of the building. His plan is to do
what ever needs to be done to make the area safe. The garage door would be kept closed. Signage
could explain that the door would open automatically when triggered by some method. Member
Faust asked verification of the width of parking spaces on the new proposal. Mr. Noonan said the 9
foot spaces would be for handicap accessibility and the 8.5 foot spaces for regular parking spaces.
Member Faust complimented Mr. Noonan on a good plan, however, she asked if it could be zoned
for offices and in the future be rezoned for retail. She voiced concern with the unavailability of
parking to a retail customer.
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Member Kelly stated retail will not survive without parking and will be self-policing.
Member Faust asked if trucks would be parked in the shop portion of the building. Mr. Noonan said
that one truck stays on site, one goes home with an employee.
Member Johnson noted his agreement with Member Kelly. After perusing the site, he wondered what
responsibility the Council has if the proposed plan complies with City ordinances. He concluded the
City has no responsibility and the risk would be to the proponent. He believes the proposal is good
and will improve the blighted area. He added that, in light of the Grandview Square development, an - - extra amount of oppor&iy should be afforded the proposal.
Mr. Noonan elaborated that after the Planning Commission meeting he reconfigured the site
eliminating any variances.
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MinutesEdina City CounciVOctober 3,2000
Member Kelly said he could never have supported this proposal with parking variances. He stated
that he hopes the proposal goes forward because it may encourage further redevelopment in the area.
Mr. Noonan added the business comunity in the area is very disjointed and someone needs to take
control.
Member Hovland questioned whether the outside storage of construction vehicles and materials is
allowed in PCD-1. Mr. Noonan said all that would be left out would be a barricaded garbage area.
No public comments were heard.
Member Hovland made a motion closing the public hearing. Member Johnson seconded the
motion.
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Motion carried.
Planner Larsen explained the proponent asked that the second reading be waived on the preliminary
rezoning.
Member Kelly voiced reluctance with waiving second reading and inquired how quickly the second
reading of the ordinance could be scheduled.
Manager Hughes said the hearing date could be set tonight for Monday, November 6,2000.
Member Kelly made a motion granting first reading to Ordinance No. 85OA-19 rezoning 4528
France Avenue South, from R-1 to PCD-I, conditioned upon no restaurant or food related
businesses being allowed. Member Kelly made a motion setting November 6, 2000, for final
rezoning approval. Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Motion carried.
RESOLUTION NO. 2000-103 FINAL PLAT APPROVED (BRENDAN GLENN) Planner Larsen
explained the Brendan Glenn preliminary plat was approved on August 15,2000. The developer has
satisfied all conditions that are necessary for final plat approval. The proposal has received
Watershed District approval. The Developer's Agreement has been executed and the necessary
security has been delivered.
Planner Larsen said two conditions would be necessary in order to grant final plat approval, 1)
Subdivision dedication based on a raw land value of $425,000.00 and 2) Engineering approval of
noise mitigation measures.
Member Johnson made a motion introducing the following resolution and moving its adoption
conditioned upon obtaining, 1) subdivision dedication based fee of $34,000.00; and 2) Engineering
approval of noise mitigation measures:
RESOLUTION NO. 2000-103
APPROVING FINAL PLAT
FOR BRENDAN GLENN
BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that certain plat
entitled, "BRENDAN GLENN" platted by the Janice M. Graham, President, Janco, Inc., and I
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MinutesEdha Citv CounciVOctober 3,2000
presented at the regular meeting of the City Council on October 3,2000, be and is hereby granted
final plat approval.
Passed and adopted by the Edina City Council this 3rd day of October, 2000.
Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Resolution adopted.
*BID AWARDED FOR SALT FOR SNOW AND ICE CONTROL Motion made by Member
Hovland and seconded by Member Faust for award of bid for the annual purchase of salt for snow
and ice control to recommended low bidder, Cargill, Inc, under State Contract #425879, at $26.69
per ton.
Motion carried on rollcall vote - five ayes.
*RESOLUTION 2000-99 ADOPTED APPOINTING TUD GES FOR THE NOVEMBER 7, 2000,
GENERAL ELECTION Member Hovland introduced the following resolution and moved its
adoption:
RESOLUTION 2000-99
RESOLUTION APPOINTING JUDGES
FOR THE NOVEMBER 7,2000,
GENERAL ELECTION
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election
judges be appointed by the Council at least 25 days before the election.
BE IT RESOLVED by €he Edina City Council that €he individuals named on Exhibit A, and
on file in the office of the City Clerk be appointed as election judges for the general election to be
conducted on November 7,2000; and
BE IT FURTHER RESOLVED, that the City clerk is with this, authorized to make any
substitutions or additions as deemed necessary.
Passed and adopted by the Edina City Council this 3rd day of October, 2000.
I
Attest:
Clerk Mayor
Motion carried on rollcall vote - five ayes.
RESOLUTION 2000-96 ADOPTED FOR HENNEPIN COUNTY TRAILS, GREENWAYS AND
PARKS IN FIRST TIER COMMUNITIES Director Keprios reported that Hennepin Parks is
coordinating a first tier trails, greenways and parks master plan for Hennepin County that will create
and connect first tier suburb's recreational trails to a regional trail system extending throughout
Hennepin County. Hennepin Parks staff, Park Directors from several other first ring suburbs, and
consultants from SRF Consulting Group, Inc., have been engaged in an effort to develop this
metropolitan area trail system connecting all first ring suburbs to a master trail system. Mr. Keprios
introduced Del mer from Hennepin Parks.
Mr. Miller noted the proposed regional trail would be developed, funded and maintained by
Hennepin Parks. The City of Edina would have to provide easements to Hennepin Parks for the City-
owned property dong Nine MiIe Creek. Plowing of the trail during winter months would be the
responsibility of the City.
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Minutesfidha Citv CounciVOctober 3,2000
He explained that the Hennepin Parks Board has approved the master plan in concept and is
awaiting resolutions of support from each suburb involved. Approval by the Council by way of a
resolution does not in any way commit the City Council to future development of the trail. Adoption
of the resolution is to give Hennepin Parks an approval of the plan in concept, allowing them to
develop established drawings and better define the best locations for future public hearings. The
choice will continue to be the City of Edina's choice as to timing.
I
The Park Board agrees this is an excellent opportunity for Edina residents. There are physical barriers
that create challenging obstacles, however, there are numerous cyclists, walkers, joggers, runners,
and inline skaters who would benefit and welcome this amenity
Adam Arvidson of SRF presented graphics depicting what they recommend and various options that
would allow access through Edina from Richfield (via 70" Street or at Yorktown Park/Adams Hill
Park) and ultimately follow Nine Mile Creek to the Hopkins border, passing under Highway 169.
Mapping a final location for the corridor will require extensive study to overcome the numerous
obstacles. The proposed trail along Nine Mile Creek will give the trail an aesthetic natural border.
The Nine Mile Creek Watershed District is aware of the plan and will ultimately have to approve a
final plan in the process.
Robert Kojetin, Nine Mile Creek Watershed District, concurred that the proposal is good and
recommended approval of the resolution of support.
Following a brief Council discussion centering around minor changes to the presented resolution,
Member Hovland introduced the following resolution and moved its approval:
RESOLUTION NO. 2000-96
A RESOLUTION POTENTIAL FOR
TRAILS, GREENWAYS AND PARKS IN TEE
FIRST TIER COMMUNITIES
I
WHEREAS, Suburban Hennepin Regional Park District (SBRPD) has studied the potential for
WHEREAS, the Suburban Hennepin Regional Park District has authorized its consultant, SRF
WHEREAS, the Suburban Hennepin Regional Park District will work with First Tier
WHEREAS, the Suburban Hennepin Regional Park District desires that Communities initiate
WHEREAS, the Suburban Hennepin Regional Park District will require in a cooperative
WHEREAS, the implementation of this First Tier Plan will be an ongoing process; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Edina supports the efforts of the
Suburban Hennepin Regional Park District to implement a first tier system of trails, greenways and
parks and endorses the development of a conceptual plan for said system which concept would be subject
to further review and approval by the City of Edina.
Adopted this 3rd day of October, 2000.
trails, greenways and parks in the First Tier Communities of Suburban Hennepin County; and
consulting Group, Inc. (SRF) to draft a plan summarizing the First Tier study information; and
Communities to review and comment on said plan; and
and support the implementation of said plan; and
agreement with each city where a trail, greenway or park would be implemented; and
ATTEST:
Member Johnson seconded the motion.
City Clerk Mayor
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Resolution approved.
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MinutesEdha City CounciVOctober 3,2000
TEMPORARY 3.2 BEER LICENSE REQUEST GRANTED FOR OUR LADY OF GRACE CHURCH
Manager Hughes reported a request has been received from Our Lady of Grace Church for a
temporary 3.2 beer on-sale license. They have an Octoberfest planned for October 14,2000, and have
requested the temporary license allowing them to serve beer. They have submitted the necessary
applications, proof of liquor liability insurance and paid the fee of $59.00
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Member Faust said she does not believe it is appropriate to have liquor in neighborhoods.
Member Kelly made a motion approving the temporary 3.2 beer on-sale license to Our Lady of
Grace Church for Saturday, October 14,2000. Member Hovland seconded the motion.
Ayes: Hovland, Johnson, Kelly, Maetzold
Nays: Faust
Motion carried.
SUMP PUMP AND METER REPORT PRESENTED Engineer Hoffman reminded the Council the
City has two programs which have been underway for the past three years:
1. Replacement of the water reading system
2. Sump pump/clear water discharge program on private property
Replacement Water Readinn Svstem
Mr. Hoffman explained the new system is a drive-by reading by remote reading. Staff has made
repeated attempts through our installation firm as well as individual attempts to set up appointments
to complete the meter reading device replacements. Staff recommends that a certified letter be sent to
each property owner suggesting that a ninety day period of time be allowed to schedule a
replacement or staff would recommend a public hearing at Council for those found in non-
compliance resulting in the water being turned off until compliance is reached. Mr. Hoffman said this
has been done once in the past. The suggested time frame is because we have more staff time
available during the winter months to complete the replacements. It is staff's expectation that most
property owners would comply with the program if given the established consequence.
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Sump Pump/Clear Water Discharge - Program on Private Property
Mr. Hoffman explained the sump pump/clear water discharge program requires an inspection to
determine compliance with the ordinance. The consulting firm and City staff have attempted to make
appointments with residents to complete the inspections. There are approximately two hundred fLfty
homes remaining to be inspected mainly due to no response or an unwillingness by residents to
allow the inspection. Presently, staff has not imposed the $100.00 per month penalty although letters
have been sent to residents who failed the inspection noting the $100.00 monthly fee will be imposed
until compliance is reached. Mr. Hoffman reported the program has successfully reduced water flow
into the sanitary sewer system. The unauthorized discharge was a critical element in what caused the
sanitary sewer problems in 1997.
.
Staff suggests two alternatives:
1. Continue to follow the ordinance with fees being imposed for non- compliance and could
expect some potential legal challenges to our ability to enter for inspection although we
believe the City has the right due to health and welfare aspects for the community as a
whole; and
2. Reduce current staff efforts to a level that when building permits are applied for,
properties are inspected for compliance with ordinance regulations as well. Each non-
complying resident would be notified by certified letter of their non-compliance and the
potential consequences of fees being imposed according to the ordinance.
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MinutesBdina City CounciVOctober 3,2000
Following a discussion, Council consensus was that staff would consider the issue further and come
back before the Council at the October 17,2000, meeting for a final decision.
%RESOLUTION NO. 2000-101 SETTING HEARING DATE SET OF NOVEMBER 6, 2000, FOR
VACATION OF UTILITY AND DRAINAGE EASEMENT, LOT 3, BLOCK 1, WATERMAN
ADDITION Motion made by Member Hovland and seconded by Member Faust approving the
following resolution:
I
RESOLUTION NO. 2000-101
RESOLUTION SETTING PUBLIC HEARING
DATE OF NOVEMBER 6,2000, FOR VACATION OF
LOT 3, BLOCK 1, WATERMAN ADDITION
UTILITY AND DRAINAGE EASEMENT -
BE IT RESOLVED by the City Council of the City of Edina as follows:
1. It is hereby found and determined that the following described property should be
considered for vacation in accordance with the provisions of Minnesota Statutes,
Section 160.29 and 462.348, Subd. 7: for Lot 3, Block 1, Waterman Addition.
2. This Council shall meet at 7:OO P.M. on the 6th day of November for the purpose of
holding a public hearing on whether such vacation shall be made in the interest of the
public.
3. The City Clerk is authorized and directed to cause notice of said hearing to be
published once a week for two weeks in the Edina Sun-Current, the official newspaper
of the City, to post such notice, in at least three public and conspicuous places, as
provided in Minnesota Statutes. Such notice shall be in substantially the following
form:
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
VACATION OF DRAINAGE AND UTILITY EASEMENTS
IN THE CITY OF EDINA
HENNEPIN COUNTY MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on
November 6, 2000, at 200 P.M. in the Council Chambers at 4801 West 50th Skeet for a public
hearing for the proposed vacation of the following described utility and drainage easements:
That part of Lot 3, Block 1, Waterman Addition, according to the recorded plat thereof, Hennepin
County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 3; thence on an assumed bearing of North
31 degrees 23 minutes 24 seconds West along the easterly line of said Lot 3, a distance of
51.49 feet; thence South 87 degrees 41 minutes 47 seconds West a distance of 25.00 feet to
the point of beginning; thence continuing South 87 degrees 41 minutes 47 seconds West a
distance of 75.00 feet; thence South 56 degrees 47 minutes 32 seconds East a distance of
40.68 feet; thence North 58 degrees 12 minutes 28 seconds East a distance of 48.00 feet to the
point of beginning.
All persons who desire to be heard with respect to the question of whether or not the above
proposed street right of way and utility and drainage vacation is in the public interest and should
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Minutes/Edina City CounciVOctober 3,2000
be made shall be heard at said time and place. The Council shall consider the extent to which such
proposed street vacation affects existing easements within the area of the proposed vacation and
the extent to which the vacation affects the authority of any person, corporation, or municipality
owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines,
or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue
maintaining the same or to enter upon such easement area or portion thereof vacated to maintain,
repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such
vacation resolution, the extent to which any or all of such easement, and such authority to
maintain, and to enter upon the area of the proposed vacation, shall continue.
Adopted this 3rd day of October, 2000.
Motion carried on rollcall vote - five ayes.
*PETITION RECEIVED REOUESTING WATERMAIN FROM RESIDENT AT 5516 VERNON
AVENUE Motion made by Member Hovland and seconded by Member Faust acknowledging
receipt of the petition request for a watermain for resident at 5516 Vernon Avenue and submission
to the engineering department for feasibility.
Motion carried on rollcall votes -five ayes.
MEMBER AT LARGE APPOINTMENTS FOR HENNEPIN COUNTY BOARDS NOTED Manager
Hughes explained a number of Member at Large positions with various Hennepin County Boards
will have vacanaes at the end of the year. He suggested names of interested persons willing to serve
on the County Boards be submitted to him for submission to the County for possible appointment.
RESIGNATION NOTED ON EDINA HUMAN RELATIONS COMMISSION Mayor Maetzold
noted a letter of resignation has been received from Nancy Atchison of the Edina Human Relations
Commission effective immediately. He suggested the Council submit names of interested persons to
him for possible appointment to fill the unexpired term on the Commission.
.
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RESOLUTION 2000-97 APPROVING CERTIFICATION OF TAX INCREASE LEVY Manager
Hughes explained a new law requires all aties with over 500 population must pass a resolution, if the
levy for the subsequent year will result in a tax rate increase. Under the law, the County Auditor is
required to provide information to affected cities and the County Board that will dlow the City to
calculate what its tax rate would be in the coming year if the levy was held constant. Essentially, a
baseline tax rate is computed based on the prior year's levy and the current year tax base. The
resolution only has to afh that the "levy certification tax rate" will increase, it does not have to
speufy an amount of increase. Filing of the resolution must be before October 20.
Member Hovland made a motion to close the public hearing. Member Kelly seconded the motion.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION NO. 2000-97
RESOLUTION AUTHORIZING A TAX RATE INCREASE
FOR THE 2000 TAX LEVY,
COLLECTIBLE IN 2001
BE IT RESOLVED by the Council of the City of Edina, County of Hennepin, Minnesota, that the
County Auditor is authorized to fm a property tax rate for taxes payable in the year 2001 that is higher
than the tax rate calculated pursuant to Minnesota Statutes t204B.135 for the City for taxes levied
in1999, collectible in 2000.
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MinutesBdina City CounciVOctober 3,2000
Adoption of this Resolution does not prohibit the City from certifying a final levy that will result
The City Clerk is hereby instructed to transmit a certified copy of this Resolution to the County
Adopted by the City Council on October 3,2000.
in no tax rate increase or a tax rate decrease.
Auditor of Hennepin County, Minnesota. I
ATTEST:
Member Johnson seconded the motion.
City Clerk Mayor
Rollcalk
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Resolution adopted.
RESOLUTION NO. 2000-98 APPROVED - CALLING FOR BOND SALE FOR 1992B GENERAL
OBLIGATION BOND Assistant Manager Anderson explained that the proposed bond issue would
provide a current refunding of the 1992B General Obligation Tax Increment Bonds which were
previously issued in 1988 and 1989 as part of the Centennial Lakes Development. The current
refunding would provide an estimated $980,000 in interest savings or $800,000 on a present value
basis. The net interest rate on the bonds is 5.87% and the estimated net interest rate on the 2000C
bonds is 4.71%. The City will achieve some additional savings in issuance costs since we recently had
two bond issues in August. Staff recomends that Council call for the bond sale and take advantage
of the sigruficant savings in interest costs.
Following a brief Council discussion, Member Kelly introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2000-98
RESOLUTION PROVIDING FOR THE SALE OF
$15,870,000 G.O. TAX INCREMENT REFUNDING BONDS, SERIES 2000C
I
WHEREAS, the City Council of the City of Edina, Minnesota, has heretofore determined
that it is necessary and expedient to issue the City's $15,870,000 G.O. Tax Increment Refunding
Bonds, Series 2000C (the "Bonds"), to refund the outstanding maturities of the G.O. Tax Increment
Refunding Bonds, Series 1992B; and
WHEREAS, the City has designated Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Edina, Minnesota,
as follows:
1. Authorization; Findinns. - The City Council hereby authorizes Ehlers to solicit proposals for
the sale of the Bonds.
2. Meeting; - Proposal Opening. The City Council shall meet at the time and place to be
specified in the Terms of Proposal for the purpose of considering sealed proposals for, and
awarding the sale of the Bonds. The City Clerk, or designee, shall open proposals at the
time and place to be specified in such Terms of Proposal.
Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully set
forth in the Bond Sale Report and are hereby approved and made a part hereof.
3. I
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Minutes/Edina Citv Council/October 3,2000
4. Official Statement. In connection with said sale, the officers or employees of the City are
hereby authorized to cooperate with Ehlers and participate in the preparation of an official
statement for the Bonds and to execute and deliver it on behalf of the City upon its
completion. I
Dated October 3,2000.
@&??lM.d Mayor
Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Resolution adopted.
CLAIMS PAID Motion made by Member Johnson approving payment of the -Jllowing cLms as
shown in detail on the Check Register dated September 27, 2000, and consisting of 53 pages:
General Fund $359,377.85; C.D.B.G. $755.00; Communications Fund $6948.46; Working Capital
$35,800.44; Construction Fund $11,080.27; Art Center Fund $17,871.38; Golf Dome Fund $ 365.47;
Aquatic Center Fund $129.99; Golf Course Fund $28,007.43; Ice Arena Fund $3,133.60;
Edinborough/Centennial Lakes $10,700.43; Liquor Fund $255,214.32; Utility Fund $36,246.71; Storm
Sewer Utility Fund $1,138.93; HRA Fund $900,000.00; TOTAL $ 1,666,670.28. Member Hovland
seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Johnson, Kelly, Maetzold
Motion carried. I There being no further business on the Council Agenda, Mayor Maetzold adjourned the Council
Meeting at 8:40 P.M.
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