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HomeMy WebLinkAbout19841217_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 17, 1984 37 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. EDINA MASONIC LODGE THANKED FOR $1,500 CONTRIBUTION. Soelberg presented a check in the amount of $1,500 to the City for use by the Fire Department for rescue equipment, pointing out that this money came from the proceeds of the Edina Masonic Lodge Annual Pancake Breakfast. resolution was unanimously adopted by the Council and read by Mayor Courtney: WHEREAS, for the past seven years, the Edina Masonic Lodge has donated money to the Edina Fire Department for its rescue equipment; and WHEREAS, this money has been earned by members of the Lodge from their efforts in putting on an annual Edina Flapjack Festival; and WHEREAS, a check in the amount of $1,500 has been generously given to the Edina Fire Department for purchase of rescue equipment; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that most sincere appreciation be expressed to all members of the Edina Masonic Lodge for its interest in the well-being of all Edina residents through this generous contribution; and BE IT FURTHER RESOLVED that this Resolution be entered into the pages of the Minutes Book of the Edina City Council and that an appropriate copy be presented to the EDINA MASONIC LODGE as a token of the gratitude of the Edina City Council. Stephen Sather and Robert The following RESOLUTION OF APPRECIATION RESOLUTION OF APPRECIATION - JUNE A. SCHMIDT. The following resolution was unanimously adopted by the Council and read by Mayor Courtney: RESOLUTION OF APPRECIATION WHEREAS, June A.Schmidt has served the residents of the City of Edina as Council Member for the years 1974 through 1984; and WHEREAS, June A. Schmidt has also served on the Edina Advisory Board of Health, the South Hennepin Human Services Council, the Housing Needs Committee, the Edina Governmental Commission, the Environmental Quality Commission; and WHEREAS, June A. Schmidt has been a Commissioner of the Housing and Redevelopment Authority; and WHEREAS, she has been particularly sensitive to the health and welfare of the people of Edina as evidenced by her activities in the various organizations in which she has been involved; and WHEREAS, June A. Schmidt is held in high esteem by the residents of the City, as well as other Members of the City Council and by the City staff; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council, the City staff and all the residents of Edina hereby express their thanks and appreciation to for her tireless efforts in and sincere dedication to making the City of Edina an outstanding community. ADOPTED this 17th day of December, 1984. Following presentation of the Resolution to Member Schmidt, Member Richards on behalf of the Council presented her with a silver tray engraved "June A. Schmidt, Edina City Council, 1974-1984." City Manager Rosland then presented her with a silver pen bearing the Edina Logo and expressed the appreciation of the City staff forher dedicated service as Council Member. JUNE A. SCHMIDT MINUTES of the Regular Meeting of September 17, 1984 and Budget Meetings of September 10, 17, 24 and 26, 1984, were approved as presented by motion of Member Turner, seconded by Member Schmidt. % Ayes: Bredesen, Richards, Schmidt, Turner, Courtney ' Motion carried. PUBLIC HEARING ON ZONING CHANGE PROM R-1 TO MD-5/EDINBOROUGH CONTINUED TO 1/7/85. As recommended by staff, Member Bredesen's motion was seconded by Member Turner to continue the public hearing on the zoning change from R-1 Single Dwelling Unit District to MD-5 Mixed Development District for Edinborough, generally located west of York Avenue and south of West 76th Street, to the meeting of January 7, 1985. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. REVISED PRELIMINARY PLAT APPROVED FOR INDIAN HILLS 2ND ADDITION.(CROSS VIEW CHURCH.) Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Hughes presented the request of Cross View Lutheran Church for preliminary approval of the revised plat of Indian Hills 2nd Addition, generally located west of Gleason Road and south of the Crosstown Highway. He recalled that on June 18, 121171 84 1984, the Council gave preliminary plat approval for a seven lot R-2 District subdivision of that portion of the Cross-View Lutheran Church property which adjoins McCauley Trail. preliminary plat for the purpose of subdividing an additional portion of the Church property. The revised plat shows the seven R-2 lots fronting on McCauley Trail as originally approved, plus eight lots which front on a new cul de sac which extends southerly from McCauley Trail. These eight new lots are proposed to remain R-1, Single Dwelling Unit District. These lots range from 11,850 square feet to 20,700 square feet and most of these lots are 100 feet in width. Block 1, of the proposed plat measures five acres in area and would be retained by the Church. A conditional use permit has been applied for by the Church to facili- tate a proposed expansion. the revised plat at their November 28, 1984 meeting and recommended approval of the subdivision subject to the same conditions as the original proposal: 1) subdivision dedication, 2) signed developer's agreement Tqhich includes the extension of sanitary sewer mains and the extension of a storm sewer, 3) conservation restriction covering . the wetland area, 4) grant of easements to facilitate storm sewer extensions, 5) grant of D.N.R. permit, and 6) petition to install permanent street surfacing and curb and gutter on McCauley Trail West abutting the R-2 lots and the church site. Mr. Hughes noted that Charles Sedgwick and Cal Kuhlman of the Church's building committee were present to answer questions. No questions or comments being heard, Member Bredesen introduced the following resolution and moved adoption, subject to conditions as outlined by staff./ The applicants are now requesting a modification of the approved He noted that Lot 1, - I The Community Development and Planning Commission reviewed RESOLUTION FOR REVISED PRELIMINARY PLAT APPROVAL OF INDIAN HILLS 2m ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain revised plat entitled "Indian Hills 2nd Addition" , platted by Gustaf son and Associates, a Minnesota Corporation, and presented at the regular meeting of the City Council of December 17, 1984, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. CONDITIONAL USE PERMIT APPROVED FOR CROSS VIEW LUTHERAN CHURCH (6645 McCAULEY TRAIL). Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Mr. Hughes presented the request of Cross View Lutheran Church, 6645 NcCauley Trail, for a conditional use permit for the purpose of constructing a 12,000 square foot, two-story addition. The proposed addition will be located on the east side of the existing building in an area partially occupied by an unsurfaced parking area. first level of the proposed addition would contain classrooms and related facilities for Sunday School use. The second level would contain a large meeting room, lounge, a kitchen and storage areas. The existing sanctuary which contains pew seating for about 300 would remain unchanged. A new 62-car parking lot would be constructed to the south of the proposed addition. Plans show an expansion potential of 48 addi- tional parking spaces which would be constructed if more seating is provided in the sanctuary in the future. Ordinance. approval of the conditional use permit, subject to receipt of suitable grading and landscape plans. llr. Hughes advised that those plans have been submitted and have been reviewed by staff. addition must match existing materials, the church must be connected to sanitary sewer in conjunction with the expansion, and that no additional seating can be provided in the sanctuary without the construction of additional parking. being heard, Member introduced the following resolution and moved its adoption, subject to conditions as outlined by staff: I The Total parking complies with the requirements of the Zoning At its meeting of November 28, 1985, the Planning Commission recommended . Additional conditions were that building materials for the No comment RESOLUTION GRANTING CONDITIONAL USE PERMIT WHEREAS, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance) have been met, and WHEREAS, it has been determined that the Findings as required by Ordinance No. 825 have been satisfied; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use Permit to Cross View Lutheran Church, at 6645 McCauley Trail, for the purpose of constructing a 12,000 square foot, two-story addition to their existing building, according to plans submitted; BE IT FURTHER RESOLVED that the Permit be subject to the following conditions: 1) Building materials for the addition must match the existing materials. 2) The Church must be connected to sanitary sewer in conjunction with the expansion. 3) No additional seating can be provided in the sanctuary without the construction of Motion for adoption of the resoluticb was seconded by Member Richards. . additional parking. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 1 ' -'? 12/17/84 39 ORDINANCE NO. 812-A2 (ANTENNAS) GRANTED FIRST READING. Planner Craig Larsen presented Ordinance No. 812-A2 To Regulate Construction/Maintenance of Tele- communication, Television and Radio Antennas, Dish Antennas and Supporting Towers, for First Reading advising that the amendment is proposed to 1) revise some of the requirements in the ordinance and make the language more understand- standard for dealing with dish antennas. The proposed amendment would replace all sections of the existing ordinance except for Section 5 which establishes a 15-year period amortization for existing non-conforming antennas and Section 9 which provides for removal of abandonned towers or six months of non-use. Mr. Larsen pointed out that the amendment would establish general standards for all zoning districts; requirements for the R-1 and R-2 Districts and for all other zoning districts. He then reviewed the general requirements under the proposed amendment, the requirements for residential purposes in the R-1 and R-2 District and the requirements for all other zoning districts. He stated that he has met with several installers of satellite dish antennas and also several local ham radio operators and they have raised no objections to the pro- posed amendment. Mr. Rosland emphasized that adoption of the proposed ordinance would allow the installation of 12-foot dish antennas in rear yards of residences. Member Turner stated that with the rapid development of the technology in this field, more than two dish antennas may be needed in the future for zoning districts other than R-1 and R-2, but that she felt the restriction to two is appropriate at this time. No other comment being heard, Member Turner offered Ordinance No. 812-A2 for First Reading as follows: * able and in conformity with the new Zoning Ordinance, and 2) to establish a . * ORDINANCE NO. 812-A2 AN ORDINANCE AMENDING ORDINACE NO. 812 TO REGULATE CONSTRUCTION AND MAINTENANCE OF TELECOMMUNICATION, TELEVISION AND RADIO ANTENNAS, EXTERIOR DISH ANTENNAS AND SUPPORTING TOWERS, AND PROVIDING PENALTIES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Section 1 of Ordinance No. 812 is hereby amended to read as follows: "Section 1. Definitions. Words and phrases used in this ordinance which are defined in Ordinance No. 825, as amended from time to time, (said ordinance, as amended from time to time, is herein called the "Zoning Ordinance"), shall be construed herein according to their definitions contained in the Zoning Ordinance. in this ordinance: The following words and terms shall have the following meanings . .(a) Antenna: equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or outside of, any building or structure, and includes a dish antenna. (b) Dish Antenna: a parabolic shaped antenna (including all supporting apparatus) which is used for receiving telecommunication, television or radio signals, which is located on the exterior of, or outside of, any building or structure. (c) Tower: which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces." any pole, spire or structure, or any combination thereof, to . Sec. 2. Sec. 2 of Ordinance No. 812 is hereby amended to read as follows: "Sec. 2. shall hereafter be erected, constructed or placed, or re-erected, reconstructed or replaced, anywhere within the City without first making an application for and obtaining from the City a permit therefor. Permit Required; Exemptions. No antenna or tower of any kind (a) Exemptions. No permit shall be required for the following: (i) square feet in cross sectional area, which do not exceed six feet in height. (ii) height. (iii) purposes. Dish antennas not greater than 30 inches in diameter or five All other towers or antennas which do not exceed six feet in Antennas and towers erected or constructed by the City for City Sec. 3. Sec. 3 or Ordinance No. 812 is hereby amended to read as follows: Sec. 3. Application for Permit; Issuance; Fees. Application for a permit required by this Ordinance shall be made to the Building Official in the same manner, and containing the same information, as for a building permit pursuant to Ordinance No. 406, as amended from time to time, and the Minnesota State Building Code thereby adopted. Such permit shall be issued by the Building Official. For a permit required by this ordinance, an application fee as set forth in Ordinance No. 171 shall be required for the purpose of defraying the cost of inspecting the installation and maintenance of such antennas, dish antennas and towers." Sec. 4. Sec. 4 or Ordinance No. 812 is hereby divided into three sections, "Sec. 4. General Requirements. All antennas, towers and dish antennas, including supporting wires, for which a permit is required shall comply with the following requirements: 11 being Sec. 4, 5 and 6, and is hereby amended to read as follows: 12/17/84 --_. 40 (a) Al, applicable provisions of Ordinance No. 406, including wind loading requirements set forth in the Minnesota Building Code thereby adopted, as such ordinance shall be amended from time to time. (b) Antennas and towers shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connect- ions, with all applicable City and state statutes, regulations and standards. (c) No antenna or tower shall exceed a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line (except individual service drops), less five feet. (d) Antennas or towers shall be protected to discourage climbing by unauthorized persons. (e) No antenna or tower shall have affixed to it in any way any lights, reflectors, flashers or other illuminating device, or any signs, banners or placards of any kind, except one sign not over 10 square inches indicating the name of the manufacturer and/or installer. (f) No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, Crow's nest or similar structure. (g) All towers shal1 be constructed of corrosive-resistant steel or other corrosive-resitant, non-combustible materials. Towers shall not be con- structed or made of wood, including timbers or logs. (h) No part of any antenna or tower, nor any lines, cables, equipment, wires or braces used in connection with any tower or antenna shall, at any time, extend across or over any part of a street, sidewalk or alley." (a) Sec. 5. Location. In all Zoning Districts as established by the Zoning Ordinance: No part of any tower or antenna shall be constructed, located or maintained, at any time, permanently or temporarily, within any setback required by the Zoning Ordinance for an accessory building or structure for the Zoning District in which the antenna or tower is located. by the Zoning Ordinance, the antenna or tower shall maintain all setbacks required by the Zoning Ordinance for principal buildings or structures. Additional requirements for lots in the R-1 and R-2 Zoning Districts (i) Rish antennas greater than 30 inches in diameter sha1l:not be located on the roof. of a principal or accessory building. * ' ' (ii) -Dish antennas shaLl only be located in rear yards. (iii) No antennas or towers shall be located in the front yard." In the R-1 and R-2 Zoning Districts as established by the Zoning (i) If no accessory building or structure setback is provided (b) as established by the Zoning Ordinance: Sec. 6. Height Restrictions. (a) Ordinance: (i) No ground mounted tower shall be in excess of 50 feet in height, measured from the ground elevation at the base of the tower to the highest point of the tower. (ii) 25 feet above the highest point of the roof of the building or structure. (iii) point of a tower. excess of 15 feet high, measured from the highest point of the roof of the building to which the antenna is attached to the highest point of the antenna, or from the ground elevation at the base of the antenna to the highest point of the antenna. measured from the ground elevation at the base of the antenna to the highest point of the antenna. be mounted on the roof pursuant to this ordinance, shall not exceed six feet in height, measured from the point at which the antenna is mounted to the roof to the highest point of the antenna. In all other Zoning Districts as established by the Zoning Ordinance: height from the base of the antenna to the highest point of the antenna or tower, whichever is higher. Dish antennas shall have an overall height of no more than 26 feet for either a ground mount or roof mount. Towers mounted to a building or structure shall not extend over Antennas shall not extend more than 15 feet above the highest Antennas not mounted on a tower shall not be in (iv) Dish antennas shall not be in excess of 15 feet in height, (v) Dish antennas not greater than 30 inches in diameter, which may (b) (i) No antenna, tower or antenna with tower shall exceed 75 feet in (ii) Sec. 6. Sec. 6 (Lights and Signs; Crow's Nests) of Ordinance No. 812 is Sec. 7, Sec. 7 of Ordinance No. 812 is hereby renumbered Sec. 8 and is "Sec. 8. Number of Towers and Antennas Allowed. hereby deleted in its entirety. amended to read as follows: (a) Ordinance: no more than one exempt antenna, as defined in Sec. 2(a) of this ordinance, one dish antenna and one tower requiring a permit In the R-1 and R-2 Zoning Districts as established by the Zoning 12/17/84 41 REPORT GIVEN ON REDEVELOPMENT OF BILTMORE MOTEL SITE. Mr. Hughes recalled that the Biltmore Motel site was rezoned several months ago and subseauentlv the . under the provisions of this ordinance shall be allowed at any one time on any single lot. (b) In other Districts zoned residential by the Zoning'Ordinance: no more than one exempt antenna, as defined in Sec. 2(a) of this ordinance, one dish antenna and one tower requiring a permit under the provisions of this ordinance shall be allowed at any one time on any single tract. (c) In all Districts zoned other than residential by the Zoning Ordinance: of this ordinance, one tower over 20 feet in height, and two dish antennas shall be allowed at any one time on any single tract." Sec. 8. Sec. 8 of Ordinance No. 812 is hereby renumbered Sec. 9 and is no more than one exempt antenna as defined in Sec. 2(a) amended to read as follows: "Sec. 9. Variances. Variances from the literal provisions of this ordinance shall be processed and granted or denied in the same manner as variances are handled under Ordinance No. 825." Sec. 9. Sec. 9 of Ordinance No. 812 is hereby renumbered Sec. 10 and is "Sec. 10. Abandoned Antennas and Towers; Removal. Any antenna or tower which is not used for six successive months, commencing after the effective date of this ordinance, shall be deemed abandoned and may be required to be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe buildings established by Ordinance No. 471 or by Ordinance No. 406, as such ordinances are amended from time to time, or by Minnesota Statutes, Sections 463.15 to 463.26, as amended." Sec. 10. Sec. 10 of Ordinance No. 812 is hereby renumbered Sec. 11 and is "Sec. 11. Violation; Penalty. amended to read as follows: amended to read as follows: (a) ordinance shall be guilty of a misdemeanor and subject to penalties pursuant to Ordinance No. 175, as amended. (b) Other Remedies. No. 175, as amended, the City may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the City by this ordinance, or by statute, or other ordinances of the City, or by applicable rules or regulations, to enforce this ordinance, including, without limitation, injunction. (d) shall be jointly and'severally liable for all costs incurred by the City in enforcing this ordinance against such persons, including, without limitation, attorneys' fees, witness fees and administrative expenses, with interest on such fees and expenses from the dates incurred until paid at the highest rate then allowed by law, and if no maximum rate be established by law, then at twelve (12%) percent per annum, and shall also be jointly and severally liable for all costs, including attorneys' fees, of collecting such fees, expenses and interest, with interest on such costs of collection from the dates incurred until paid, at the same rate as is payable on such fees and expenses." Misdemeanor. Any person who shall violate any provision of this In addition to the penalties imposed by Ordinance Costs of Enforcement. The person or persons violating this ordinance Sec. 11. Sec. 11 (Partial Invalidity) and Sec. 12 (Interpretation) of Ordinance No. 812 are hereby renumbered Sec. 12 and Sec. 13, respectively. Sec. 12. its passage and publication. This ordinance shall be in full force and effect immediately upon - Council has reviewed alternate plans for the site on several occasions. plan proposed 88 condominium units for the site. Company, reports that he has been unable to finance this project and has asked that the City consider as an alternative a rental building designed for the elderly. . To this end, Johnson Building Company has joined with the Stuart Corporation to pursue such a development. and Stuart to discuss the proposal. high-rise proposed for Edinborough, i.e. a market rate rental building with 20% of the units rented at lower rates for moderate income tenants. and other services may also be provided. The developers are requesting that the City/HRA consider assisting the development through : 1) the. issuance of Housing Revenue Bonds (tax exempt financing .similar to Industrial Development Bonds) and 2) a land write-down and/or an annual interest rate reduction payment to lower interest costs of the project thereby reducing rents to a competitive level. These financing mechanisms are identical to those proposed for the Edinborough project. and proposal for the project, the Council/HRA should conceptually review the financing mechanisms noted above. Staff has noted to them that, despite the Council's concept approval of Edinborough, the City is philosophically opposed to The latest The applicant, Johnson Building Mr. Hughes advised that staff has met with Johnson The project is nearly identical to the elderly Congregate dining I ' Staff has advised the developers that prior to preparing 'a specific plan 12 f 17/84 ..._ tax exempt financing and assisting market rate housing. Council may not equate this project with Edinborough which provides a broad range of housing types and substantial public participation in many facets of the deve- lopment. Mr. Hughes pointed out that staff has also expressed concern with two other aspects of the project. First, is concern as to whether a market exists for a market rate rental project of this type in light of Edinborough and other similar projects in the area. ment to support their view that such housing is needed. Staff feels additional research is needed to verify the feasibility of this project. that the developers have paid a premium for the site which should not now be under- written by the City. to City participation in the project. this preliminary proposal and provide direction as to financial involvement in this project, particularly as it relates to the issuance of Housing Revenue Bonds. Mr. Hughes introduced Bob Johnson, President of Johnson Building Company and Stuart Nolan, of the Stuart Corporation. Mr. Johnson summarized that they have gone through two different condominium proposals for the site and have expended a lot of time, money and energy without results and therefore are proposing this concept which may be the best proposal of all. He noted that condominiums in the metropolitan area basically have a zero absorption rate, that no units have been sold since last August when their second proposal was approved, and that as a result lenders are not looking favorably on condominiums and have stopped lending on such projects. He noted that he had been approached by a number of persons on the concept of doing an elderly housing project because the site would be ideal. In support thereof, Mr. Johnson advised that they have had a preli- . minary assessment of housing needs for the elderly in Edina prepared and have joined with Stuart Corporation who are experienced in development and management of elderly housing projects. Mr. Nolan, Stuart Corporation, reiterated that the site would be ideal for the proposed elderly housing project. during the last five and six years very little market rate housing has been con- structed in.the metropolitan area as developers were interested in construction of apartments. However, once Section 8 funds have been withdrawn by the federal From past experience, he stated he knew of no other way to get a project such as this going without the tax exempt financing by issuance of Housing Revenue Bonds. With regard to land write-down, Mr. Nolan stated that the price paid for the land by Johnson Building Company was predicated on a commercial purpose. taxes on the land are in the $30,000 range. 152-unit apartment building which would yield taxes of approximately $150,000. He noted further that the 152 units as proposed would fit within the general scope and size of the building proposed prior. Member Turner pointed out that on the issue of Housing Revenue Bonds, the Council gave concept approval for Edinborough on the basis that the total project will achieve several of the goals in the Comprehensive Plan having to do not only with elderly housing but some modest cost ownership opportunities, some transportation issues, etc. Out- side of the Fairview-Southdale Hospital bonds, Member Turner pointed out that the Council has not approved tax exempt financing and have looked for a clear public purpose in doing such. Planner Larsen advised that the goal in the Comprehensive Plan when adopted was for 350 new.construction elderly units under Section 8 funding and that the Plan showed this as one of the locations that would be appropriate for elderly housing. In this proposed project, the units are primarily market rate units with a percentage of those units being proposed to be reserved under the Section 8 guidelines. Mr. Nolan commented that he understood the City desired to provide housing alternatives for its senior citizens in hopes that some would move from their homes thereby recycling them to families and that the proposed project would provide that alternative. He added that Congress also questioned the wisdom of tax exempt financing and during this past year they acted on the issue and severely limited it for com- mercial and industrial uses but preserved tax exempt financing for rental apartments without limitation. Mr. Rosland pointed out that other projects were under consideration to capture the tax increment in that district for other public benefits and that staff had some concern for those probable commitments. Member Schmidt commented that the proposed elderly housing project may draw people from the northerly part of the City as well as from Hopkins who may buy into the project. Member Bredesen submitted that in addition to his qualms about public subsidy going to a project of which only 20% of the units would be reserved for people of low and moderate income, he was concerned about the number of units proposed and the additional traffic it would create in the area and would therefore be reluctant to move ahead with the proposal. In response, Mr. Johnson submitted that in Edina there is no choice of housing for people in certain income levels, noting that there is an 8-year waiting list at 7500 York Avenue and that there would be public purpose served when people are presently displeased with the housing opportunities that are offered now. He added that he felt an elderly housing project would have the lowest traffic impact of any possible use for the site. she would like to see a housing project on the site and has supported all Staff also advised that The developers have submitted a housing need assess- Second, is concern - I The value of this site must also be carefully analyzed prior Mr. Hughes asked that the Council review I i He stated that government there has been almost no new apartment construction starts. ! I i The present The project proposed is for a I Member Turner stated that although 12 / 17 / 84 ' 43 Irl 0 00 0 5 m I efforts on elderly housing in Edina, she was reluctant to support approval of another tax exempt financing project until we could see how Edinborough goes and further, that she was concerned about the cost of the site and for those reasons could not support the proposed project. had serious concerns about tax increment financing, and that the proposal may be worthwhile to consider but that he was not ready to support it at this time. Member Bredesen commented that if the developers proceed on the proposed concept they do so with the risk that he could not support it but would be interested in seeing more about the project. Mayor Courtney submitted that he felt it was an ideal plan for the site although he recognized there is hesitation on the method to be used for financing. stated that we have not thought too much about people in Edina who could afford housing of this type and who would like to remain in Edina. added that we should have a chance to study the proposal a bit longer. Member Richards suggested that the developers come back in the middle of January with a straight market rate proposal through the Planning Commission process as he felt there are some points in the project to stimulate Council's thinking on the issues. Mr. Nolan stated that he would become uninvolved with the project at this point. No formal action was taken. Member Richards stated he too Member Schmidt abstained from commenting. He Mayor Courtney PUBLIC HEARING HELD ON REVENUE SHARING FUNDS FOR 1985 ENTITLEMENT PERIOD 16. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Mr. Rosland advised that a public hearing was held on November 7, 1984, for the purpose of receiving written and oral comments from the public concerning the 1985 annual budget and the proposed use of revenue sharing funds. No comment was received at that time. Staff would recommend approval of the funds as speci- fied in the 1985 budget. No objections being heard, Member Schmidt offered the following resolution and moved its adoption: RESOLUTION APPROVING 1985 REVENUE SHARING ENTITLEMENT PERIOD 15 BUDGET BE IT RESOLVED by the Edina City Council that it does hereby approved the follow- ing budget for the 1985 Revenue Sharing Entitlement REVENUES Source Property Taxes Sales Taxes Service Charges/User Fees/Other Licenses and Permits Fines and Penalties Income from Other Governments Federal General Revenue Sharing Activity Education EXPENDITURES Police Fire Roads/Transport/Public Works Sewers/Sanitation Libraries Parks/Recreation Health/Hospitals Social Services/Welfare General Administration . -. Financial Administration/Debt Service Reserve for Contingencies GRS Funds Period 16: Amount $6,653,337 550 , 787 1 , 132 , 740 397,600 325 , 000 304 , 905 225 , 000 $9,589,369 Other Funds -0- $125 , 000 $2,345,963 1 , 373,840 2,676,246 96 , 700 -0- 1,156,959 207,523 53,360 922,693 451 , 085 80,000 $225 , 000 $9,364,369 100 , 000 -0- $2,470,963 1 , 473 , 840 2,676,246 96 , 700 -0- 1 , 156 , 959 207,523 53 , 360 922.693 451 , 085 80 , 000 $9,589 , 369 Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. AWARD OF BID FOR RECONSTRUCTION OF 1974 FORD PIRSCH L9000 PUKPER CONTD TO 1/7/85. As recommended by staff, Member Bredesen's motion was seconded by Member Turner to continue the award of bid for reconstruction of 1974 Ford Pirsch L9000 to the meeting of January 7, 1985. I Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF December 11, 1984, APPROVED. Mr. Hoffman advised that in November a petition has been signed by residents of Arden Avenue requesting the installation of "STOP" signs at Country Club Road at Arden Avenue. Concerns of the residents as presented to the Traffic Safety Committee was the amount of traffic using the street as a shortcut, speeds, lack of defined right of way at the intersection, safety of small children and apparent reckless 12/17/ 84 .- . --. 44 driving by some individuals. nation study be done on Arden and that the results be reported at the December meeting. area at three different times and he presented the results of the survey together with other major findings. at its December 11 meeting recommended denial of the request. that informing the broader neighborhood of the local problem might be a benefit that could be accomplished by the mailing or distribution of a flyer. Mr. Hoff- man stated that a resident at 4637 Arden Avenue had phoned today stating he was opposed to the "STOP" sign. Speaking in support of the request for installation of "STOP" signs were: Kathleen Sanberg, 4617 Arden Avenue; Randy and Karen Jones, 4616 Arden Avenue, and Jeff Keys, 4646 Arden Avenue. The main concern expressed was the excessive speed by vehicles on Arden Avenue. Following lengthy discussion regarding the issues, Mr. Hoffman stated that traffic safety is comprised of three processes: 1) education, 2) enforcement, and 3) engineering and that the educational process has worked in other areas of the City when traffic problems arose. of the drivers who use Arden Avenue by means of a mailed notice identifying the problem and if that does not work then to consider other solutions. said that the notices would be sent and then a speed survey would be made after the mailing to see if there is a reduction of speed. that staff would continue to work with them towards a solution. Motion of Member Bredesen was then seconded by Member Schmidt to approve the following recommended action as listed in Section A of the Traffic Safety Committee finutes of December 11, 1984: 1) and to acknowledge Sections B and C. The Committee took action that an o-riginal/desti- Mr. Hoffman stated that a license plate survey was conducted in the Based on the findings of the survey, the Committee It also recommended Member Turner suggested that we make an attempt to educate the 60-70% Mr. Rosland He assured the residents Installation of "NO U-TURN" sign for southbound Valley View Road at approxi- mately West 65th Street cross-over, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. ICMA RETIREDENT TRUST AGREEMENT RESOLUTION ADOPTED. Mr. Rosland advised that upon adoption of the International City Management Association (ICMA) deferred compensation plan in 1976 or 1977 by the City, approximately three or four employees enrolled in the plan. Subsequently, the State of finnesota approved additional deferred compensation plans which have been actively marketed with City employees. there is at least one current employee that does have funds in the Plan and therefore it is recommended that a resolution be adopted which would allow the City of Edina to enter into the new trust agreement established by ICMA Retire- ment Corporation, with the only difference between the prior arrangement and the arrangement requested by the resolution is establishment of a Board of Trustees to oversee the operation of the funds. participants will be able to select members for the Board. Member Richards introduced the following resolution, moving adoption: There are presently no active members on the ICMA Plan. However, Upon adoption of the resolution, 'RESOLUTION OF CITY OF EDINA, MN WHEREAS, the City of Edina, Minnesota, (the "Employer") maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator") ; and WHEREAS, other public employers have joined together to establish the ICMA Retire- ment Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retirement Corporation; NOW, THEREFORE, BE IT RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto; and BE IT FURTHER RESOLVED that the City Manager shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retire- ment Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. PUBLIC HEALTH NURSING CONTRACT FOR1985 DISCUSSED; CONTINUED. Mr. Rosland advised that the proposed agreement for Public Health Nursing Services for 1985 whereby the Bloomington Division of Public Health has agreed to provide the service to Edina residents at a cost of $78,560.00 has been reviewed by staff. This is $740.00 less than the 1984 contract due to the $5,000 reduction in funding. He noted that at this time it is not known which service areas will be reduced to offset the reduced funding. the Bloomington Division of Public Health regarding possible service areas that Member Bredesen suggested that the staff contact 121 17 / 84 45 may be reduced and to bring that information back to the Council before the contract is approved. the request. No action was taken. FE&XING DATE SET FOR FRANCE AVENUE PRELIMINARY PLAN APPROVAL & VARIANCE REQUEST. Member Turner's motion was seconded by Member Schmidt, setting January 7, 1985, as the public hearing date for the France Avenue Preliminary Plan Approval and Variance Request for improvement of the street. Mr. Rosland stated that staff would follow through on Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. HENNEPIN COUNTY COMMUNITY ACTION AGENCY BOARD APPOINTMENTS DISCUSSED. Mr. Rosland recalled that in September the Hennepin County Board of Commissioners had approved a Structure and Compositon Plan for a Hennepin County Community Action Agency to serve suburban and rural Hennepin County as the vehicle to access funding for services to County residents. a resolution to the County Board recommending that the Suburban Human Services Councils be designated at the Community Action Agency. process of recruitment and selection of the initial Board of Directors which will consist of nine public officials (three Hennepin County Commissioners and six elected suburban officials), nine representatives from the private sector, and , nine members of the low-income population and has asked that suburban council members consider applying for these positions. should make a nomination to the Board, Mayor Courtney.stated he would be willing to have his name placed in nomination. that Mayor Courtney be nominated. support of Mayor Courtney's nomination. He noted that the Edina City Council has submitted The Board is now in the Following discussion that Edina It was informally agreed by the Council Mr. Rosland stated he would make contacts in No formal action taken. APPOINTMENT OF BARBARA REYNOLDS TO COUNTY COMMUNITY HEALTH SERVICES COMMITTEE REPORTED. Mr. Rosland reported that Barbara Reynolds, Chairman of the Edina Advisory Health Board, has been appointed to the Hennepin County Community Health Services Committee, following nomination by the Third District Nursing Association. REVISION OF FINDINGS OF FACT/VICTORSEN'S VALLEY VIEW 2ND ADDITION APPROVED. Mr. Hughes recalled that at its meeting of December 3, 1984, the Council had denied the preliminary plat of Victorsen's Valley View 2nd Addition, based on the Findings, Decisions and Reasons prepared by staff. minor changes to the document are recommended which should have been noted on December 3 and presented the changes to the Council. approval of the following changes to the Findings, Decisions and Reasons regarding Victorsen's Valley View 21-16 Addition: He commented that two :. Member Bredesen moved Revision of the introduction to show that Folke R. and Veown M. Victorsen, proponents, and Thomas H. Goodman, attorney for the proponents, were not present at the December 3, 1984, hearing. The last sentence of paragraph 5. on page 4 should read, "No record exists 'that the Edina City Council approved the subdivision of the Subject Property, which resulted from the 1956 acquisition by Southdale Center, Inc. as required by Minnesota Statutes'and City Ordinances.'' Motion was secanded by Member Turner. Member-Richards noted that Mr. and Mrs. Victorsen were present and asked if they would speak.to the proposed Findings. ..Folke Victorsen replied, "NO comment." Rollcall: :_. --. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. COUNCIL/EDINAMITE BENEFIT WINTER PARTY DATE SET. Member Turner announced that the date of Sunday, February 10, 1985, has been set for the Council hosted Edinamite Winter Party and asked the Council Members to mark their calendars. planning will take place after January 1. Detailed BREDESEN PARK DEVELOPMENT PROGRESS REPORT PRAISED. Member Turner stated she was very pleased with the progress report on the development of Bredesen Park and appreciated the effort in updating the Council Members on the project. NOMINEE FOR APPOINTMENT TO EDINA ADVISORY BOARD OF HEALTH NOTED. Member Richards submitted the name of Dr. Catherine Niewoidner for possible appointment to the Edina Advisory Board of Health when a vacancy occurs and asked that the name be kept on file by the Clerk's office. Chairman of the Advisory Board of Health, is hoping that a joint meeting of the Council and the Board can be scheduled in the near future. Mr. Rosland replied that he is working on a schedule of meetings for off-Monday,nights and will work that into the roster. -Member Turner commented that Barbara Reynolds, WOODDALE SCHOOL SITE HEARING PROCESS REVIEWED. Mr. Rosland reminded the Council of the proposed process regarding consideration of the Wooddale School Site. 121171 84 -- 46 Two informational meetings for residents of the area and interested citizens will be conducted by the consulting firm of BRW on Tuesday, January 8 and January 15, 1985, at the Wooddale School building, beginning at 7 p.m. at which the consultants would present their report and recommendations for the Wooddale site. Presentation Board. A public hearing then would be scheduled for February 4, 1985, following publication and mailing of notice as required, at which the public could be heard. Member Bredesen suggested that any visual aids such as graphics be used to help the public understand the recommendations of the consultants. No action was taken. REQUEST FOR AID IN PICK-UP/DISTRIBUTION OF SURPLUS FOOD DISCUSSED. Mr. Rosland advised that a request has been made through Member Turner, from Colonial Church of Edina €or assistance by City staff in picking up and distributing to drop-off points the monthly surplus food allotment for Edina residents. discussion, it was decided to offer the assistance this time and bring back more details regarding the time involved, etc., and the role of South Hennepin Human Services Council in the program. No formal action taken. VARIOUS PETITIONS FOR PUBLIC IMPROVEMENTS REFERRED TO ENGINEERING DEPARTMENT FOR PROCESSING. public improvements and recommended that they be referred to the Engineering Department for processing. Member Bredesen's motion was seconded by Member Schmidt, to refer the following petitions to the Engineering Department for routine processing: 1) Petition for Permanent Street Surfacing azld Curb - Valley View Road between Mark Terrace and McCauley Trail. 2) Petition for Sidewalk - West 49% Street between France Avenue and City Ramp. Notices of the meetings will be sent to area residents and the Heritage After brief Mr. Rosland advised that several petitions have been received for . Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PETITION FOR CONSTRUCTION OF PARKING LOT AT EDINA COMMUNITY CENTER REFERRED TO School District has petitioned the City Council to enlarge parking lot areas at the Edina Community Center with the cost of the parking facilities to be paid for primarily by the Community Center. As was done previously, they have %sked the City to absorb the cost of curb and gutter removal, fence and post removal, necessary clearing of the area, etc. in addition to assuming all engineering and clerical costs as service to the community. The City will also provide project supervision working with a school liaison contact. Mr. Rosland pointed out that the first step would be the processing of a Conditional Use Permit through the Community Development and Planning Commission and public hearing process. of Member Richards was seconded by Member Bredesen to refer the matter to the Planning Commission to be considered at their January meeting and to be brought back to the Council for public hearing on a Conditional Use Permit in February. . COMMUNITY DEVELOPMENT & PLANNING COMMISSION. Mr. Rosland advised that the Motion Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY DESIGNATED. Member Turner introduced the following resolution and moved adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: J. N. Dalen is hereby designated to serve as a director of the Suburban Rate Authority, and John Wallin is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1985 and until their successors are appointed. Motion for adoption of the resolution was seconded by Member Schmidt. I I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. DIRECTOR AND ALTERNATE TO LOGIS DESIGNATED. resolution and moved its adoption: Member Bredesen offered the following RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO LOGIS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: is hereby designated as Alternate Director of LOGIS for the year 1985 and until their successors are appointed. Motion for adoption of the resolution was seconded by Member Turner. . Kenneth E. Rosland is hereby designated as Director of LOGIS and J. N. Dalen Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 12/17/84 47 EDINA SUN-CURRENT DESIGNATED AS OFFICIAL NEWSPAPER FOR 1985. Member Bredesen introduced the following resolution, moving adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER FOR 1985 BE IT RESOLVED by the Edina City Council that the Edina Sun-Current be and is hereby designated as the Official Newspaper for the City of Edina for the year 1985. Motion for adoption of the resolution was seconded by Member Richards. Rollcall: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. RESOLUTION ADOPTED FOR ISSUANCE OF REVENUE BONDS/EDINBOROUGH. Attorney Erickson explained that it is recommended that the Council adopt a resolution relating to the issuance of revenue bonds for the proposed Edinborough project and giving preliminary approval to the development. There are rumors about new legislation being proposed which might make these bonds unuseable and that adoption of the resolution would protect the option for the City if they wish to issue revenue bonds. participation and to not issue the bonds if they so determine. heard, Member Richards introduced the following resolution and moved adoption: He pointed out that the City will retain the right to withdraw from No comment being RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES, DEVELOPMENT AND GIVING PRELIMINARY APPROVAL TO THE DEVELOPMENT BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City) as follows: Section 1. Recitals. 1.01. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries which revenue bonds or obligations shall be payable solely from the revenues of the development or other security pledged therefor. 1.02. Representatives of Partners for Senior Communities, Inc., an Illinois corporation (the "Corporation"), have advised this Council of its desire to form a Minnesota limited partnership in which the Corporation or one or more of its principals will be general partners (the "Developer"), t'o acquire one or more parcelsc'of land located within the geographical limits of the City in the southernmost portion of the Southeast Edina Redevelopment Plan Area to construct and equip thereon a multifamily rental apartment building containing'approximately 203 units, together with parking and related and subordinate Iacilities (the "Development"). persons. Corporation to be approximately $17,000,000. I The Development is intended primarily for occupancy by elderly Total development and financing costs are presently estimated by the The Corporation has requested that the City issue its revenue bonds 1.03. * in one or more series (the "Bonds") pursuant to the authority of the Act in such ' aggregate principal amount as may be necessary to finance all or a portion of the costs of the Development and make the proceeds of the Bonds available to the Developer, directly or indirectly, for the acquisition, construction and equipping of the Development, subject to agreement by the Developer or other entity to pay promptly the principal of and interest on the Bonds. conventional commercial financing is available to pay the capital costs of the Development only on a limited basis and at such high costs of borrowing that the scope of the Development and the economic feasibility of operating the Development would be significantly affected, but with the aid of municipal financing the Development can be constructed as designed and its operation can be made more economically feasible. 1.04. The City has been advised by representatives of the Corporation that 1.05. Section 2. Approvals and Authorization. 2.01. The full faith and credit of the City will not be pledged to or for the payment of the principal of and interest on the Bonds. It is hereby found and determined that it would be in the best interest of the City to issue the Bonds under the provisions of the Act in an amount currently estimated to be approximately $17,000,000 to finance all or a portion of the cost of the Development. 2.02. The Project is hereby given preliminary approval by the City and .the issuance of the Bonds for such purpose approved. The Bonds shall not be issued until a multifamily housing program prepared pursuant to the requirements of Subdivision 5 of Section 462C of the Act (the "Program") has been reviewed and approved as provided by the Act, until the other requirements of the Act have been satisfied, until the requirements of Section 103 of the Internal Revenue Code of 1954, as amended (the "Code"), necessary in order to assure the tax- exempt of the interest hereon, have been satisfied, and until the City, the Developer and the purchaser or purchasers of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. I The principal of, 12/17 /84 premium, if any, and interest on each Bond, when, as and if issued, shall be payable solely from the revenues of the Development and other security or property pledged to the payment thereof and shall not constitute a debt of the City. 2.03. The Corporation has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Development whether or not the Program is prepared or approved by the Minnesota Housing Finance Agency; whether or not the Development is carried to completion; and whether or not the Bonds are issued. 2.04. The City retains the right, in its sole discretion, to withdraw from participation and, accordingly, not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds. 2.05. This Resolution is intended to, and shall, constitute a '!bond resolution" or "some other official action" with respect to the Bonds and the Development under, and within the meaning of, Section 1.103-8(a) of the Treasury Regulations under the Code. this 17th day of December, 1984. Passed and adopted by the City Council of the City of Edina, Minnesota City Clerk Motion for adoption of the foregoing resolution was duly seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution passed and adopted. REPORT GIVEN ON PROPOSAL FOR NETROVAL/SPEED SKATING TRACK. that the consultants to the Open Space Commission of the Metropolitan Council have given their report regarding the three proposals submitted by Edina, Rose- ville and Burnsville for construction of a speed skating tract in their respective communities. The consultants' report, based on an aggregate point system, showed the Roseville site as number one, the Edina site as number two, and the Burnsville site as number three. Commission and the Metropolitan Council. Pk. Rosland reported A hearing process will now be followed by the Open Space No action taken. CLAIMS PAID. of the following claims as per Pre-List dated 12/17/84: Park Fund $49,033.19, Art Center $5,398.81, Swimming Pool Fund $1,427.72, Golf Course Fund $3,965.95, Recreation Center Fund $17,083.36, Gun Range Fund $339.41, Waterwork Fund $900,399.34, Sewer Rental Fund $162,349.21, Liquor Dispensary Fund $542,511.72, Construction Fund $44,695.78, IMP Bond Redemption #2 $2,845,911.98, Total $4,768,811.76, and for confirmation of the following claims dated 11/30/84: General Fund $91,128.84, Park Fund $155.10, Art Center $181.99, Golf Course Fund $55,670.64, Recreation Center Fund $1,637.27, Gun Range Fund $153.99, Waterwork Fund $576.08, Liquor Dispensary Fund $422,178.51, Total $571,682.42. Motion of Member Schmidt was seconded by Member Turner for payment General Fund $195,695.29, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. .. There being no further business on the agenda, Mayor Courtney declared the meeting adjourned at 9:30 p.m. I; I I I I I City Clerk