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HomeMy WebLinkAbout19870518_regularF 411 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 18,1987 Answering rollcall were Members Richards, Smith, Turner and Mayor Courtney. CONSENT AGENDA ITEMS ADOPTED. Member Turner to adopt the consent agenda as presented. Motion was made by Member Smith and seconded by Rollcall : Ayes: Richards, Smith, Turner, Courtney Motion carried. *MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 4, 1987 APPROVED. Motion was made by Member Smith and seconded by Member Turner to approve the minutes of the Regular Council Meeting of May 4, 1987. c Motion carried on rollcalli'vote, four ayes. h PUBLIC HEARING ON STREET IMPROVEMENT NO. P-BA-278 CONTINUED TO 6/1/87. Engineer Hoffman recalled that the public hearing on Street Improvement No. P-BA-278 (Link Road) had been continued from the meeting of April 20, 1987. He advised that staff has continued to work with Hennepin County and Superamerica over design and access issues. Staff would recommend continuation of the hearing to June 1, 1987 to allow additional time for discussions to occur which could result in development of a plan acceptable to all parties. seconded by Member Smith to continue the public hearing on Street Improvement No. P-BA-278 (Link Road) to the Council Meeting of June 1, 1987. I I Motion of Member Turner was Ayes: Richards, Smith, Turner, Courtney Motion carried. FINAL REZONING TO PRD-4 AND FINAL PLAT (VERNON OAKS) APPROVED FOR NAMRON I CORPORATION. placed on file. generally located north of Vernon Avenue and west of Villa Way. At the meeting of April 20, 1987 the Council considered the proponent's overall development plans in support of a request for final rezoning to PED-4 and final plat approval. Council took action to refer the matter back to the Community Development and Planning Commission to review their logic and rationale for recommending approval Affidavits of Notice were presented by Clerk, approved and ordered Planner Craig Larsen stated that the subject property is The I of the density for the proposed project. Mr. Larsen recalled that the project is I a 135-unit three story apartment building for the site. The Planning Commission ! at its meeting of April 29, 1987 heard from staff as to why staff recommended the density at 135 units as being appropriate for the site. also heard from the developer and from neighbors and their representatives on a variety of issues concerning this development. Planning Commission voted unanimously to re-affirm its recommendation of approval to the Council for final rezoning and final plat, subject to the conditions set out by staff in their report. The conditions were: 1) subdivision dedication based on a land value of $330,000, 2) an executed Developer's Agreement, 3) a recorded Proof of Parking Agreement, and 4) an executed assessment agreement for cost of possible signalization. Mr. Larsen added that, following the meeting of the Planning Commission, the developer has supplied some additional information in the form of graphics. He has updated the cross sections to show how the development of the site will relate to surrounding properties; has supplied an ' aerial photo that shows the location of the site, the proposed building and distances from some of the adjacent residential uses. Mr. Larsen said that Norman Bjornnes, proponent, was present to explain his new information. Mr. Bjornnes stated that the proposed project is 56% less dense than the Vernon Terrace project being constructed now and is 36% less dense than the site allows. It is 21% less dense than Interlachen Court across the driveway and about identical with Highland Villa to the north. The density now is about 18.9 units per acre and represents a balance of a number of factors. site intact as possible. site in green space. some other number, Mr. Bjornnes said that in dealing with a lower density the result generally is much less green space. For example, their study of a 12 unit density would have resulted in approximately 35% of the site being left as green space. He said the design now presented represents a conpromise and will leave a number of trees varying in height from 30 to 65 feet which will ring the perimeter. project and have attempted to identify those areas of privacy which will have the least impact. completed of the existing trees so that the heights and types could be integrated into the sectionals and aerial photo in order to develop a better perspective of how the completed development will fit into the site. Mr. Bjornnes explained that the top of the roof is approximately at 962 feet; the top of the third floor where it intersects with the rqof soffit is about 950 feet. If you begin at the Villa Way driveway and walk along the Vernon Avenue side of the project the tree top heights of the trees that will be saved run from 950 to 995 feet. the southwest corner of the site, near Hansen Road/Vernon, the trees along the west side run from about 945 to 985 feet. abut the Villa Way project run from approximately 975 to 985 feet. The point The Planning Commission Following that testimony the A major factor was to maintain as much of the In response to the question why not 12 units per acre or He pointed out that this design leaves about 60% of the For the last few weeks they have met with various neighbors of the With the help of a landscape architect a survey of the site was Beginning at The trees along the north side which 5/18/87 being that with respect to the leafy trees, the entire building will be below those in varying levels. The completed building as shown on the sectional is roughly 30 feet lower than the existing buildings of Highland Villa and Interlachen Court. Mr. Bjornnes said they next considered what could be done to add additional screening during the winter months along the west side and talked to Mr. Jonason and Mrs. Smith who are closest to the development. He said they have also talked to NSP who has an easement of 50 feet for their high voltage line along the project's west border. NSP has said that Namron could use their land for potential additional screening by adding berming with coniferbus trees on top. This would be subject to NSP's review and would have to be within certain limits so as to not interfere with the high voltage lines. Mr. Bjornnes showed revised sectionals of the project to give everyone more perspective on the sight lines. He pointed out that the proposed additional screening should effectively block out any view of the proposed building from the adjacent neighbors. to be as private as possible fob the benefit of the neighbors as well as tbe people who will live in the building. Mr. Bjornnes concluded that they have met the seven conditions of the ordinance as originally approved and that they are willing as good neighbors to do some mope, to take care of the trees and to work with the signalization agreement. He noted that.Nick Palaia, chief design architect, and Alan Hipps, landscape architect, were present to also respond to questions. sent to the Council from residents who believe in the project and Namron's ability to prepare a project that will be a source of pride to the City. then asked for public comment. Bill Mahoney. 5309 Ayrshire Boulevard. read a I He said they want Mr. Bjornnes added that a fair number of letters of support have been Mayor Courtney prepared statemkt on behalf of more than 350 signer: from the Highlands neighborhood of a petition proposing that the density of the project be reduced to 12 units per acre which is within the guidelines for this zoning request. could be accomplished by removing the third story of the present proposal and would leave everything else that Namron has included for siting and saving of green space. guidelines set forth but would also allow the residents' concerns to be heard and acted upon by the Council who should be guided by overall judgement to these subjective concerns as well as the hard line specifications to be met by a developer. Connor Schmid, 4711Meadow Road, stated he was appearing on behalf of Mr. and Mrs. L. J. Jonason, 5300 Glenbrae Circle, and Wilma Smith, 5304 Glenbrae Circle. He stated that the developer has presented a number of changes, graphics, illustrations and representations with regard to elevations, tree height, etc. He urged the Council to examine that detail and to give the residents and his clients an opportunity to look into that to see what it really means. He presented the points set out in his letter to the Council of May 12, 1987 as follows: 1) that the Planning Commission gave little indication of an intent to re-examine any of the factors which bear upon the question of degree of intensity, 2) that he questioned whether his clients had received notice of the preliminary hearing in August, 1987, 3) that the drawings submitted by the proponent did not meet the specific requirement of the Zoning Ordinance that the developer show the property within 100 feet of the border of the property to be rezoned, 4) that the elevation diagram does not identify the sections through which it was drawn, 5) that at the preliminary hearing other apartment and commercial development for the Grandview area which are significant contributors to both traffic and density problems in - the general proximity of the proposed rezoning were not fully considered, 6) the impact of the site's irregular shape has not been considered, 7) that no consideration appears to have been given to the principle of buffering by stepping down densities in areas which approach single family residential areas, and 8) that little original mature tree cover will be left and that he questioned the developer's statement that there will be $1 million worth of landscaping and the storm water drainage "benefits" to the area. In conclusion Mr. Schmid said his clients were willing to accept the minimum high density of 12 units per acre for the proposed development. reconsideration and review the concern of the Highlands residents and other single family residents who will be impacted by this decision. these questions: 1) whether the Jonasons and Wilma Smith had been sent notice at the time of the preliminary hearing, 2) clarification of the definitions in the Comprehensive Plan of medium density and high density and why the subject property was identified for high density, and 3) if conditions, i.e. Sandscaping, can be imposed with approval of the project. Mr. Larsen replied that according to the Planning Department records both the Jonasons and Wilma Smith appear on all mailing lists for the Namron project and that neither mailed notice was returned as undeliverable. they were applied to the subject property, Mr. Larsen said the factors considered were the history of the site, the density of surrounding similar type of developments, the proximity to a minor arterial street and its proximity to the Grandview commercial area. During review it was felt that the subject property fit within the category forihigh density primarily because of those factors. Attorney Erickson advised that the Zoning Ordinance reads that we can condition final approval and those conditions must be met to the satisfaction of the Planner before final approval becomes effective. landscaping plans are given to the city for its review and approval and those plans are then guaranteed with a bond in the amount of 150% of the estimated cost This It would not deny Namron the opportunity to build within the Mr. Mahoney concluded that the Council then be guided accordingly. . He asked that the Council give this matter careful Member Smith raised -. Regarding the definitions in the Comprehensive Plan and how There is an ordinance process by which 7 I 5/18/87 4i3 m 5 and covers two growing seasons. the developer to prepare the sectional graphics illustrating the elevations and sight lines from the Jonason residence to the Vernon Oaks development to determine what height would effectively screen the project from anyone looking from west to east. He has asked the developer to consider berming along the westerly border in those areas where the natural terrain is less than 940 feet in elevation and to place coniferous trees on top of the berm to accomplish effective screening for the residents to the west. building be screened from Vernon Avenue. stated that he felt progress had been made on the site and that the developer has responded with the signalization agreement, parking agreement and landscaping, He noted that the county has not approved a traffic signal for the Ayrshireflernon intersection and that the neighborhood should consider the speed limit and signal aside from this issue as not all residents necessarily want the speed reduced or the signal. He said that he had asked the developer to respond to the economic factors of a reduced density for the project. future proposed apartment development very closely as to density as he felt the single family homes which have been the main supporters of the school system has been the reason people want to live in Edina. the density issue was a community problem, that we should draw the line, stand In response to comments of Member Smith, Mr. Bjornnes said that with regard to the berming and the westerly border of the property there is no problem with that. He said he has discussed with the Park Department clam-shelling any trees that can be moved from the site over to the Duncraig Park at no cost to the City. respect to the berming itself, they will do whatever staff feels is appropriate for additional screening with a combination of berming and trees. He said he would like to see the speed limit reduced as that would be good for everyone. As far as the signalization request that is a contractural promise and if the signal goes in they will pay their fair share. density cannot be smaller, Mr. Bjornnes said there were a number of reasons. Underground parking expands the costs significantly, makes a high quality project but brings with it certain minimum requirements. above underground parking to make the economics work is three stories. considered four stories but thought that was too intrusive. Less than three stories would not work because this is a stick building. construction which is concrete then you have to go more stories. there was a delicate balance of what is the smallest it can be made and still make it work economically and what is appropriate for the site. combination of those factors yielded the three story design above the underground parking. Mr. Mahoney countered with the comment that he felt Mr. Bjornnes figures should be reviewed and that he questioned Mr. Bjornnes' credibility. Bruce Carlson, 6212 Parkwood Road, stated he had known Mr. Bjornnes for a long time and said he resented the fact that anyone would question his credibility. He said he is a real estate broker and that he knows of three or four couples that he had sold upper bracket homes to that want to stay in Edina who cannot find good quality apartments. Mr. Bjornnes; that he is very meticulous and highly creditable. A1 Hipps, landscape architect for the project, said he has had experience in working on site development with mature oaks and the cost and expense in trying to save them. said that he has found Mr. Bjornnes to be very responsive to concerns he had on the site development process. need of trimming and Mr. Bjornnes had responded immediately by contracting for trimming of the trees. discovered there were some natural land forms that they wanted to save and extra money was spent in trying to design an entrance road that would preserve the character of the site. Mr. Hipps then explained the landscape plans for the site and stated that he felt as a development group they have been responsive to the concerns of the City staff, concerns of adjacent neighbors, and have met with Member Smith to discuss berming and intensifying the plantings along the entrance road. and said that as he walked the site he felt that the privacy issue for the adjacent homes would be addressed by the existing vegetation that will be left there and the supplemental proposal of 15 additional trees along the west and northwest part of the building. In response to Mr. Schmid, Mr. Xpps pointed out the areas and types of existing vegetation that would be preserved on the site and the areas where plantings will be intensified. Member Turner moved that the public hearing be closed. Mayor Courtney. Continuing, Member Smith said that he had asked He added that he felt it was also important that the With those conditions, Member Smith He commented that he would view any Mu. Mahoney commented that he felt , I I I still and go over it all before this high dedsity project is given final approval. With Regarding the economics as to why the f The minimum number of stories They had If you move to type two They felt that Mr. Bjornnes said a He said he was aware of some of the other projects built by He He had advised that a lot of the oak trees were in In working with Nick Pailai on the site lay-out, they He explained the specific topography on the westerly border of the property No further comment being heard, Motion was seconded by Ayes: Richards, Smith, Turner, Courtney Motion carried. Member Turner then moved Second Reading and adoption of Ordinance No. 825-All and adoption of the resolution for final plat approval as follows, subject to these conditions : ,. - 1) Payment of a subdivision dedication fee of $26,400.00, 2) Executed Developer's Agreement, 3) Executed and recorded Proof of Parking Agreement, 4) Executed Assessment Agreement for cost of signalization, 5) Landscape Plan approved by staff, reflecting suggestions made by Member Smith: 5/18/87 ORDINANCE NO 825-All AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) I BY ADDING TO THE PLANNED RESIDENCE DISTRICT (PRD-4) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding the following thereto: "The extent of the Planned Residence District (Sub-District PRD-4) is enlarged by the addition of the following property; That part of the following described part of Government Lot 7, Section 28, Township 117, Range 21, lying West of a line running South parallel with the East line of said Government Lot 7 from a point on the North line of said Government Lot 7, distant 845 feet West of the Northeast comer thereof to the Northwesterly right of way line of U.S. Highway No. 169; commencing at a point on the North line of said Government Lot 7 distant 845 feet West of the Northeast corner thkeof; thence South parallel to the East line of said Government Lot 7 a distance of 708 feet to the point of beginning; thence South parallel to said East line 190 feet; thence West parallel to the North line of said Government Lot 7 to the West line thereof; thence South to the Southwest corner of said Government LOt.7; thence East along the South line thereof to the Northwesterly right-of-way line of U.S. Highway No. 169; thence Northeasterly along said Northwesterly right-of-way line to its intersection with a line drawn East, parallel to the North line of said Government Lot 7, from the point of beginning; thence West to the point of beginning, according to the Government Survey thereof; and That part of the North 1/2 of Government Lot 2, Section 33, Township 117 North, Range 21 West of the Fifth Principal Meridian lying Northwesterly of the right-of-way of State Highway Nos. 169 and 212, all according to the United States Survey thereof. Sec. 2. and publication. I This ordinance shall be fn full force and effect upon its passage i RESOLUTION GRANTING FINAL PLAT APPROVAL FOR VERNON OAKS 'BE IS RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "VERNON OAKS", platted by Vernon Woods of Edina, a Minnesota limited partnership, and presented at the regular meeting of the City Council of May 18, 1987 be and is hereby granted final plat approval. Motion for adoption of Ordinance No. 825-All and final plat approval was seconded by Mayor Courtney. Member Turner said her motion was based on these general reasons: 1) The proposal is consistent with the Comprehensive Plan. Specifically, the Housing Chapter speaks to a commitment to high quality residential development; it speaks to a goal of widening the range of housing choices for Edina families in all stages of their life style. The Comprehensive Plan speaks to a proposal being consistent . with surrounding land uses. Multi-family use in this location is appropriate, is consistent with the other apartments around it, is adjacent to heavily traveled roads such as Vernon Avenue, and is a good transitional use between single family homes and the more intense commercial, industrial and office use a block away. The project is well buffered by the easement, the park, the heavy vegetation, and the unusual topography, all of which reduces the visual impact on the neighbors. Traffic has been brought out to Vernon again reducing the impact on the single family homes. well as the Comprehensive Plan in regard to encouraging multi-family use adjacent to commercial areas. 2) The project meets the Zoning Ordinance requirements with the addition of the Proof of Parking Agreement. 3) The proposal addresses concerns raised at First Reading. Specifically, a sidewalk will be constructed which will improve pedestrian safety and access to the commercial area and a storm water drainage plan acceptable to the Engineer has been developed. traffic generated will be modest. Board of Commissioners to reduce the speed limit on Vernon Avenue will be introduced. should also continue to enforce the speed limit with our special controls and that we monitor closely whether the traffic signal is warranted. commented that he generally agreed with Member Turner and that he felt no community has spent more money and time in its planning effort. Council, with the exception of the newest member, and every previous Council he has sat on has always raised the issue of density and a well planned community. The density issue was reviewed again within the past year and, with the exception of the newest member, the Council reaffirmed what we have done in the past. density for the subject property could go as high as 40 and as low as 12 per acres. in a realistic, rational manner trying to take in all the factors would feel that what we have before us is a reasonable development so that people who presently live here can afford to continue to stay here. He said he would probably support the motion for those reasons,, at any given time, whether they are a long-time participant or a new participant, and if there are different views they should stick by them and not suggest that what has been done in the past should be totally ignored, so that the Council can come to a resolution as the procedures dictate. Member Richards has been a fighter for fairness with respect to densicy for I i I; The project meets the intent of the Grandview Redevelopment Plan as I Additional A resolution petitioning the Hennepin County Member Turner concluded her reasons with the comment that the City i Member Richards I He said that this The Those who have looked at the density issues and have tried to address them He added that anyone should speak out on the issues Mayor Courtney commented that 5/18/87 415 rc m Ln 72 D Q: proposed developments. definitions in the Comprehensive Plan as to density and that he really questioned whether we wanted more apartments in Edina. Following further comment on the Comprehensive Plan process, Member Smith said that he has tried to be responsive to everyone's concerns and would only support the proposed development on the following basis: 1) Berming on the west property line to an elevation of 938 feet, without killing vegetation, 2) Additional trees on top of the berm necessary to screen the development from the neighbors on the west, 3) That some of the subdivision dedication fee be specifically designated for enhancement of the park, 4) Speed limit reduction on Vernon Avenue and petitioning the county board for a traffic signal at Hansen Road, 5) Screening along Vernon Avenue as feasible, 6) City to complete sidewalk from west border of project down to Ayrshire Boulevard. In response to the last condition: Engineer Hoffman reiterated his recommendation at the last meeting that State Aid funds be used to complete the sidewalk down to Ayrshire. motion, that the speed reduction would need separate action and that the subdivision dedication fee is a separate item. In reference to the subdivision dedication fee, Member Richards said that very substantial subdivision dedication fees have been collected that have gone to enhance the general park program of the City; that there are a lot of parks in the Ci-ty that need attention and that proposals for parkB improvements have generat6d a lot of discussion by the Council. He said he did not feel the City would be well served by setting the precedent of taking money from a specific subdivision dedication fee and designating it to be used in one particular park. recommendation to the Park Board for improvement of the subject park, with the Park Board coming back and recommending that it be included in the capital improvement budget with all the other requests that compete for funding. Smith moved to amend Member Turner's motion to add the following: 1) That the west side of the property be bermed to an eleGation of 938 feet, 2) That coniferous trees 12 to 15 feet tall be planted sufficient to screen the site from the west view and that they be placed as close to the top of the berm as is practicable, and 3) That $6,000.00 from the subdivision dedication fee be diverted for the enhancement of the park adjacent to the development. amendment, specifically the $6,000.00 to be used for the park, Member Smith deleted the third item of his amendment. Mayor Courtney called for a second to the amendment. rollcall vote on the amendment. Member Smith said that he still was bothered by the Member Turner commented that the landscaping items were included in her He said he supported the Park Department making a Member Following discussion of the Member Richards seconded the amendment. Mayor Courtney called for a Rollcall : Ayes: Smith, Richards, Courtney Nays: Turner Amendment passed. Rollcall : Ayes: Smith, Richards, Turner, Courtney Ordinance and resolution adopted. Mayor Courtney then called for a rollcall vote on the main motion as amended. Member Turner then introduced the following resolution and moved its adoption: WHEREAS, Vernon Avenue between Highway 100 and Gleason Road is County Road 158; and WHEREAS, citizens adjacent to and in nearby residential areas are concerned about the speed of traffic on Vernon Avenue; and WHEREAS, said citizens have appeared before the Edina Community Development and Planning Commission and the Edina City Council with their concerns; and WHEREAS, the current speed limit on C.S.A.H. L58 IS 40 MPH on the majority of the roadway ; NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council requests that Hennepin County reduce the speed limit on C.S.A.H. 158 from 40 MPH to a lower limit; and BE IT FURTHER RESOLVED that the Edina City Council requests that the speed limit be reduced on C.S.A.H 158 from 40 MPH to 30 MPH on Vernon Avenue from Tracy Avenue east to the existing speed limit of 30 MPH. Motion for adoption of the resolution was seconded by Member Smith. RESOLUTION Rollcall : Ayes: Richards, Smith, Turner, Courtney Resolution adopted. Member Smith then asked how best to proceed for the traffic signal at Hansen Road. Engineer Hoffman explained that the issue has been considered by the Traffic Safety Committee and it was concluded that the location would not meet warrants for a traffic signal at this point in time. It was concluded that no formal action be taken now but that staff would watch the traffic situation at that location. PUBLIC HEARING ON FINAL DEVELOPMENT PLAN FOR FAIRVIEW SOUTHDALE HOSPITAL CONTINUED TO 6/15/87. placed on file. site of the Fairview Southdale Hospital located immediately east of France Avenue and north of West 65th Street. The request for Final Development Plan approval to construct a new medical office building is a continuation of a proposal that was initiated in December of 1986. The request was heard by the Council on December 15, 1986 and has been before the Community Development and Planning Commission on Affidavits of Notice were presented by Clerk, approved and ordered Planner Craig Larsen advised that the subject property is the 5/18/87 416 Gross Floor Area Bldg Height Bldg Footprint Total Site FAR Zoning Ord. Limit Ramp Height three different occasions. Planning Commission the project hss evolved and significant changes have been made over the first proposal as follows: Mr. Larsen said that during those hearings before the 12/3/86 Proposal 1/28/87 Proposal 4/29/87 Proposal 84,240 SF 75,199 SF 68,328 SF 15,736 SF 12,096 SF 12,672 SF 0.80 0.78 0.77 1.0 1.0 1.0 3 levels plus 3 levels but 2 levels plus basement parking 60 foot setback basement on 5 story 6 story 5 story northerly section Total Parking . Parking for Off ice Parking for Hospital Mr. Larsen explain section 1345 - on northe;ly , on third level 1298 442 856 492 853 d that the fo tprint 1238 399 839 % f the ramp ha been the same in all three proposals. existing ramp and carried that elevation out towards the Crogstown Highway where it would have been three levels, plus a basement parking .level. proposal the third level was notched back in 60 feet. Council removes the entire upper level of*the.ramp and carries forth the elevation of the existing ramp out towards the Crosstown Highway, with .the new areas resulting in two levels plus a basement level. The exi-sting ramp would remain as it is presently.. Total parking on the site as a result-inthe reduction of the building has been reduced from 1,345 to.1,238 spaces. .As to variances, Mr. Larsen explained that the plan as now proposed requests only.one variance. parking lot does not provide the required 20 foot sethacklfromErance Avenue and West 65th Street. A variance is requested to +allow khe -existing parking lot to remain unchanged. The exterior materials for-the medical.affice building remain the same as in previous proposals, i.e. glass curtain wallin gray and silver. The easterly access at 65th Street and Drew Avenue has been redesigned. revised design calls for two inboundlanes &and one outboundlane. to the emergency room has been improved to avoid conflict. .As in previous proposals the ramp would continue the 21.5 foot setbackrprovided by the existing ramp along the easterly property line. feet in height, measured from the exis.ting *ground elevation. A &foot high berm is proposed along the entire length of theramp to reduce-the exposed surface area. of the ramp and the existing ramp facing would be converted to the aggregate finish. side of the parking ramp along the shared property line with the Colony Condominiums. Proposed materials include spruce, pine, .ash and locust to reduce the visual impact of the ramp. Ordinance requirements and additionally, there is a compliment of shrubbery and the area would be irrigated to help the survival of the plantings. proposes to install a landscape screen for the westerly.parking lot. Although not a zoning issue, there has been discussion at all of the hearings on the hospital's incinerator and their use of it. Since the last hearing, there has been a meeting between the hospital, representatives of the Colony andxepresentatives from the Minnesota Pollution Control Agency (MPCA), the agency which-regulates the use of the incinerator. Ridges Hospital and there is an ongoing review of the operation of and emissions from the incinerator by the MPCA. any improvements that might be ordered in the.future by-.the.MPCA relative to their use of that facility. In reviewing the most recent propasal, .Mr. Larsen said that staff was able to identify several changes or-improvements -over earlier proposals: 1) The building has been reduced in size by .11,900 square .feet or 19 percent, 2) The entire upper level of the parking:ramp.has been-removed; the ramp addition has been reduced in size by approximately 100 spaces, .i-s .heigtrt has been reduced by approximately 10 feet which lessen-the impact on adj.acentproperties, 3) The building has been reduced to its original five-story height, 4) The proposal complies with all Zoning Ordinance requirements except for the setback of the existing westerly parking lot, 5) Extensive 1andscaping.i.s -provided adjacent to the ramp; an irrigation system will help insure the survival of the plantings, 6) Internal traffic circulation has been improved to eliminate conflicts with emergency vehicles, and 7) The MPCA is continuing to review the operation of the incinerator. At the April 29, 1987 Planning Commission meeting, after hearing from staff, representatives of the hospital and representatives of the Colony, a motion to recommend denial of the proposal failed; a subsequent motion to recommend approval also failed. they were deadlocked on the ;proposal and that the most appropriate action was to forward it to the Council without recommendation. that representatives of the hospital were present to speak to the proposal. Dr. Richard Lund stated that he was chairman of the physician's group that will build and own the medical office building. size and impact of the building to a minimize size that will still function The first proposal wouid have added pne additional level to the In the second .The proposal before the The westerly The Internal access _The -ramp would -xange from 15 feet to 18 Exposed aggregate panels are suggested for thezacing on the exposed areas Mr. Larsen pointed out that the-landscaping plan emphasizes the easterly . The size of the proposed materials is in excess of The plan also The hospital has stopped burning the red bag waste from their The hospital has commftted-to carry forth on After some discussion the Commission members felt Mr. Larsen concluded by saying He said that they have reduced the I I i I ~ I I ' 5/18/87, . ,* ' 417 effectively for its intended purpose. hired the firm of Dahlgren, Shardlow &man, Inc. as consultant to help them Plan the site. He said that Howard Dahlgren would present the revised proposal. Mr. Dahlgren began his presentation by briefing the Council on his background as a planning consultant and said that he has not spoken to any member of the Council individually about the project as he felt it was appropriate to do this in a public hearing. they have done a more elaborate analysis of what is going on around the site and how the land around it will be impacted by this development-proposal. By use of slides, Mr. Dahlgren then presented the revised Final Development Plan for the Fairview Southdale Physicians' Medical Office Building. Major components of the Plan shown were: 1) surrounding land use, 2) zoning districts in the area, 3) land use plan, 4) the Colony and the hospital's east property line abutting the Colony, 5) Edina Towers building and Fairview Southdale hospital, 6) site as it exists today, 7) site as proposed, 8) summary of proposed development, 9) relationship of the Colony townhouses and existing parking ramp, 10) proposed ramp and berm on east property line with coniferous trees and swale, 11) landscaping plan and 12) traffic circulation. Mr. Dahlgren pointed out that the whole green strip between the subject property and the Colony will be irrigated and the doctors owning the medical building agree to hire the Colony maintenance staff to maintain the green evolved, subject to staff approval, with the involvement of representatives from the Colony. traffic improvements should they be required in the future. Administrator of Fairview Southdale Hospital, then spoke to the need for the medical office building. 1) the marked increase in the average age of residents of Edina and surrounding communities, 2) that older people require more medical services, more visits of physician's offices and more specialty services because of the complexity of their medical problems, and 3) the need to provide space for medical practices that are growing. He pointed out that the Southdale Medical Office Building has a very high occupancy rate of 98 percent and this tight situation has even led to offices dividing their space between floors in the building. expressed interest of 23 groups and approximately 70 physicians. Mr. Robinson I said that 50 percent of the building will be occupied by practices that need more space, 18 percent will be occupied by practices new to the area, 22 percent will be occupied by practices that want to return to the campus and 10 percent will be occupied by shared ancillary services, i.e. lab, x-ray, pharmacy, etc. Vacancy created by some of these practices leaving the Southdale Medical Office Building will be refilled by other offices currently in that building which need to increase their space and new practices which will be recruited to the area by Fairview Southdale Hospital. In conclusion, Mr. Robinson stated that this project will increase physician office capacity in the area. physician's practices to grow to better accommodate current and forecasted consumer demand and will provide local alternatives for new specialty practices to the area. and access to medical services for the residents of Edina and surrounding communities. adjacent to the Colony and the Crosstown Highway in that it blocks the view for the Colony units as much as if it were the full width of the ramp. said the ramp could be dropped back slightly as the parking that would be lost would be one bay wide. Member Turner commented that of concern to a number of people has been the traffic in the general area and the traffic that cuts through on Barrie Road. She asked what options there might be to address these concerns. In response Mr. Hoffman said staff took some counts after the first hearing by the Planning Commission on Barrie Road. Basically approximately 1,600 vehicles daily travel north/south on Barrie Road between West 65th Street and Heritage Drive. Of that number approximately 20% of the trips went all the way through. The license plate survey showed that there were quite a few vehicles from southwest Minneapolis. of Heritage Drive onto Xerxes Avenue during rush hour traffic and a contributing factor is its proximity to the Crosstown Highway ramps at Xerxes. talked several times to Hennepin County staff about the possibility of some day closing Heritage Drive to Xerxes or constructing a median on Xerxes whereby left turns would be prohibited. Mr. Hoffman said he has also talked to both Hennepin County and the City of Richfield about the possibility of signalizing the intersection of West 64th Street/Xerxes some day to service the neighborhoods. More importantly, as was pointed out repeatedly in the traffic report, is the need to upgrade West 66th Street with a traffic signal at Drew Avenue. Mr. Hoffman said he has urged Hennepin County to put in their capital improvement program the upgrading of West 66th Street from France Avenue to York Avenue. The County often responds to local input in terms of their capital improvement program and if the Council wants to suggest to the County that they feel that is important he said he felt they would look at that. from the audience. Phillip Smith, President of Colony of Edina Condominium Association; Tony Pikul, 6409 Colony Way, John Soll, 6401 Colony Way; Alvin Krulik, 6401 Colony Way; Jack Kritzer, 6309 Colony Way, Carlton Helming, 6401 Colony Way; and Mary Galvani, 6409 Colony Way. In an effort to do this successfully they He said that the changes to the proposal are significant and that 1 1 I strip. They would also agree to a condition whereby a final landscape plan is ! They have also agreed to participate in the cost of future street and Douglas Robinson, He stated that this project is driven by several forces: The project has the In turn this will enable This broader base of medical services will provide greater convenience Member Smith questioned the efficiency of the parking ramp point Mr. Dahlgren Over the years there have been concerns about making a left turn out Staff has As to timing, Mayor Courtney then asked for comment Speaking in objection to the proposal were the following: They raised these issues: impact of the immensity of the ramp, 5 118187 418 traffic problems, safety aspect, question of need for the medical office building, value reduction of Colony condominiums and that the land should be limited to hospital expansion only. received from the Colony neighborhood. 1) Where would additional parking be put if the hospital should expand in the future?, 2) Was any consideration given to locating the office medical building to the north of the hospital?, 3) Why not move the parking ramp closer to West 65th Street? Mr. Dahlgren responded that there are no current plans for expansion of the hospital but should it occur in the future the expansion would be to the west and existing surface parking would have to be converted to a ramp. As to location of the office medical building they did look at siting it to the north but felt it would not work well over there. He explained that they could not encroach on the power plant area as that structure was not built to support a ramp. Member Smith commented that he has sympathy for the residents of the Colony who will have to look at the ramp wall, that the"hospita1 has done some positive things to respond to their concerns, but that he felt that more could be done with the ramp to lessen its impact. the north could be cut back by approximately 40 feet with very little impact on the parking capacity. noted that Strgar-Roscoe-Fausch, Inc. report of January 14, 1987 mention was made of an outpatient treatment facility to be located in the northwestern corner of the complex. Mr. Robinson explained that the hospital had a site study done to identify the options for use of the land, options for parking and had asked the consultant to look at the feasibility of two buildings. basically one building was feasible on the site for medical office space, that the preferred location is as presently proposed. A second building was examined for the northwest quadrant and that was determined not to be very feasible because of setback requirements. That area is identified for future ramp parking but there are limitations as to height. the power plant and that was determined to not be a very practicable solution to increasing the parking because of the structural problems it presents and the costs associated locating the parking there. Member Richards asked Mr. Robinson if what we see now will be the extent of improvements and if the hospital would commit to that. Mr. Robinson replied that as to future expansion of the hospital site that they would not expand beyond the existing hospital footprint. Member Turner asked why the parking ramp could not be located on the west side of the hospital. because of the setback requirements. the proposal and the Planning Commission recommendations that if this were a vacant piece of property we would not see what is proposed. He said that the hospital is a wonderful institution for the community, is a good corporate citizen and adds immeasurably to what is good about Edina but that he felt that the proposal was.too much for the site. The proponents have the right to expand the facility, whether it be hospital or medical office building, but not of the size, nature and extent of what is proposed - that it is too much and he could not support it. expansion to it. a visual wall even though heavy vegetation will be planted. he would support something but not of this magnitude. give the proponents the opportunity to re-evaluate and reassess the project. Member Turner commented that she did support the medical office building, that it is within our FAR requirements and is more reasonable now that it has been sized down. She said she could not accept the massive straight line of the parking ramp adjacent to the Colony and would like to see some other ways of designing the ramp to lessen the impact on the neighborhood; that the green space at the northeast comer of the site could be just as effective as the green space on the hospital front. medical office building, that the whole area needs help, but that the burden of the ramp should not be borne by the Colony or any neighbor. He said he was botheredby the extension of the ramp to the northeast corner and hoped they could come back with some modification. the comments made by the Council and would like the opportunity to make some adjustments to see if they can come up with a plan that would be workable and acceptable. He added that the question is not whether they have the right to expand but how it can be done best. Turner to continue the public hearing to the Council meeting of June 15, 1987. Ayes: Smith, Turner, Courtney Nays : Richards Motion carried. It was noted that five letters of objection had been Member Smith then raised these questions: In response Mr. Dahlgren said that the ramp as it extends to Phillip Smith raised the question of hospital expansion and The consultant said that Mr. Robinson said they also looked at the area near Mr. Robinson said that it was not feasible to put the ramp there Member Richards commented that in looking at He said his first priority would be to the hospital and any future Also, that the residents of the Colony should not be impacted by Member Richards said He said he would like to Member Smith said he agreed, that he did not have a problem with the Mr. Dahlgren responded that they appreciated Motion of Member Smith was seconded by Member PRELIMINARY PLAT APPROVED FOR U.T.F.C. ADDITION. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. that the subject property is generally located east of Washington venue and north of 1-494. three story building on the easterly portion of the property. The south property line is the Bloomington-Edina border. -southerly adjacent site in Bloomington. The Bloomington property is undeveloped. The proponents seek to rearrange property lines for the two sites to create a more desirable building site on the Bloomington property. Outlot A of the plat would Planner Larsen advised It is zoned PID PAanned Industrial District and is developed witfi a The proponents own the site and the 5.1 18 1.8 7 i 419 be attached to the Bloomington site and the Bloomington land east of Nine Mile Creek would be attached to the Edina site. building would be constructed on the Bloomington side. a driveway and possibly some parking. easement over Outlot A to prevent attempts to develop the site independently in the future. Commission at its meeting of April 29, 1987 and recommended approval, subject to staff conditions. the following resolution and moved its adoption, subject to 1) Final Plat Approval, and 2) An executed and recorded conservation easement: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR UTFC ADDITION Mr. Larsen pointed out that the new Outlot A would be used for The owner will give the City a conservation The request was considered by the Community Development and Planning No comment or objection being heard, Member Smith introduced BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "UTFC ADDITION' , platted by Cherne Contracting Corporation and presented at the regular meeting of the City Council of May 18, 1987 be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner. Ro 11 call : i Ayes: Richards, Smith, Turner, Courtney Resolution adopted . f PUBLIC HEARING ON FINAL DEVELOPMENT PLAN FOR REGIS CORPORATION CONTINUED TO 6/15/87: HEARING DATE SET FOR VACATION OF ARCADIA AVENUE. Affidavits of notice were presented by Clerk, approved and ordered placed on file. Planner Larsen advised that the subject property is located south of Vernon Avenue/West 50th Street and is split by Arcadia Avenue and that the request is for construction of a new office building. Normandale. Biltmore Bowl at 5113 W. 50th Street. 4.2 acre site as their new corporate headquarters, their space needs increase. Phase I of the redevelopment. square foot building at 5075 Arcadia and the construction of a new 3-story building containing a gross floor area of 23,765 square feet. will be connected to their existing building. square feet. this size. parking count does not include the 86 spaces provided for the bowling alley. support of the request for a variance on the parking quantity, Regis is proposing a proof of parking agreement to solve any future.parking shortages. Mr. Larsen said that office buildings are required to provide a 20 foot side yard setback. Portions of the lower walk-out level encroach into this setback. Also, because of the building height the northeast and southeast corners of the upper level fail to provide the required setbacks. glass curtain wall and stone trim and would comply with ordinance standards. exterior treatment of the existing building would remain unchanged. indicated that in approximately five years they will either tear down the existing building or re-skin the building to meet ordinance requirements. for a temporary variance on the exterior materials for the existing building, Mr. Larsen pointed out that Arcadia Avenue splits the site from north to south. The proposal assumes the vacation of the northerly leg of Arcadia and its incorporation into the Regis site. recommendations made by BRW in the land use study they made of the Grandview Area. Staff does not expect parking shortages but should they develop the proof of parking'agreement will insure adequate parking for the proposed use. The bowling alley is complimentary to the office use and the spaces can be effectively shared. Mr. Larsen noted that the building setback variance is at the least obtrusive portion of the site. Due to the elevation of the site, the building will be very prominent when viewed from the east. landscaping is substandard. should be replaced and the northeast parking area should be screened. recommend plan approval with the following conditions: 1) staff approval of a revised landscaping plan, 2) recorded Proof of Parking Agreement, 3) vacation of Arcadia right of way, and 4) temporary variance of exterior materials. Mr. Larsen concluded that at its meeting of April 29, 1987 the Community Development and Planning Commission unanimously recommended approval, subject to staff conditions. Sandy Ritter, architect for the project, stated that this would be the first phase of a corporate site that Regis Corporation intends to develop for their own use and to expand as needed. He said that Regis Corporation has grown rapidly over the past four to five years and anticipate further growth. Phase I is the smallest size building they felt was economic to build at this point in time. Initially Regis would probably occupy 10,000 to 12,000 square feet of the building, fill up the spa5.e as they grow and at some point in the future look to additional expansion. Mr. Ritter said that one of the issues for the site is that the original building was a restaurant, then was a retail space and has now become their corporate office. They have spent considerable time and money in developing a first class space in the interior, but the building still retains the heritage of a ranch house facility. Regis Corporation has its corporate headquarters at 5000 They own the one-story office building at 5075 Arcadia and the Their stated intent is to redevelop this Redevelopment would occur as The Final Development Plan under consideration is for Phase I calls'for the demolition of the 4,100 The new building Total office area will be 41,265 The Zoning Ordinance requires 206 parking spaces for a building of In Regis is proposing 137 spaces and projecting 167 employees. This Exterior materials for the new building will be The Regis has They are asking This proposed vacation is consistent with It also allows for a more efficient parking arrangement. The proposed landscaping is excellent but some existing Trees missing from the front of the bowling alley Staff would 5/18/87 420 The building which will be added will be a contemporary building, 1 cated to the south, and eventually the existing building will be either re-clad or replaced. Mr. Ritter then presented graphics showing the proposed location of the new building, the elevations and the landscaping. Vice President of Regis, was present to answer any questions relating to the corporation. Mr. Ritter presented a letter addressed to the Council from representatives of the Pantry Restaurants, Inc. and the Eden 100 Building expressing their interest and concern about the vacating of Arcadia Avenue and its impact on the access to their properties. Member Smith asked for a clarification on when the bowling alley might be removed. bowling alley would continue until such time as parking may become a problem. He said that Regis is committed to change the use of the bowling alley or eliminate it at that point in time should additional parking be required. Their intent is to the develop the site as the Regis corporate headquarters and the bowling alley is simply a holding transaction. The building to be demolished in Phase I is the small building located to the south between the existing Regis office building and the Pantry Restaurant. The initial new construction would be entirely on the east side of Arcadia. the letter from representatives of the Pantry restaurant and the Eden 100 Building. familiar with the implication of what would happen to their properties if the north portion of Arcadia Avenue were vacated. the report done by BRW supports it, that ingress/egress right off Vernon Avenue is not a great advantage. signalized intersection at Interlachen Boulevardflernon Avenue which they feel will be beneficial. Member Richards asked what the timing is on the project. Ritter said they would like to begin construction in early fall and, assuming the Council approves the plan, they are in position to move a head immediately on working documents. this matter to the next meeting so as to allow the Pantry and Eden 100 Building people time to familiarize themselves with the.proposed project. President of Real Estate for Regis, said they have not had an opportunity to speak with the owners of the Pantry Restaurant and that they had not attended the Planning Commission hearing. He said they do have a concern and that it has to do with free access, that traffic would be allowed to flow from Arcadia Avenue across the unnamed bowling alley street and back to Vernon Avenue. although a delay would not be critical that they are "bulging at the seams" and would like to proceed. Attorney Erickson said that a condition to the proposed project is the vacation of the street. That process requires two week's published notice which makes it doubtful for the first meeting in June. The approval of the final development plan and the vacation of Arcadia are tied together and should be considered at the same time. the easterly side of the property thus requiring setback variances. the building was moved easterly to,satisfy some parking requirements on the west side of the site. building drops off to the north and that the space cannot be utilized. There are some retaining walls against the entry ramp to T.H. 100 physical conditions that they felt would not compromise the interest of any other owners in requesting the variance. be utilized. The building was therefore moved in that direction to provide the maximum amount of parking on the west side of the site. Member Smith asked when the bowling alley might come down. Mr. Fox responded that the proposed building would allow at least five years of growth. If they made a major acquisition or something were changed the. process may have to be accelerated. He said all the tenants in the bowling alley are on short term leases so as to provide flexibility. remove the existing office building sometime in the future. Mr. Fox said the existing building is very good from an office use point of view, although architecturally they are not satisfied with its exterior. He said they have not made a decision as to removing it or expanding in another direction and that they wanted to keep their options open. hearing on Final Development Plan for Regis Corporation to the meeting of June 15, 1987 and introduced the following resolution, moving adoption: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENT FOR STREET PURPOSES He indicated that Christopher Fox, Mr. Ritter said the use of the I Member Richards asked Mr. Ritter to respond to the comihents in Mr. Ritter said he had not talked toIkhem and that they were not He said it was their feeling, and The vacating of Arcadia would funnel traffic back to the Mr. Member Richards asked if there was any problem in continuing i Chris Fox, Vice He added that I Member Smith asked why the building is crowded to Mr. Fox said He explained that the existing grade along the 5075 Arcadia and other existing Member Smith asked if they intended to Member Smith moved to continue the public -I BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. street purposes shouldbe considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined that the following described easement for DESCRIPTION OF PORTION OF ARCADIA AVENUE TO BE VACATED That part of Arcadia Avenue as dedicated in the recorded plat of Tingdale Bros' Brookside according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of a line drawn from a point on a line run parallel with and distant 20 feet southerly of the north line of Lot 1, Block 8, said Tingdale Bros' Brookside distant 15 feet west of its intersection with the east line of said Lot 1, to a point on the north line of Lot 17, Block 7, said Tingdale Bros' Brookside, distant 25 feet east of the northwest comer of said Lot 17, Block 7, and lying northerly of of the easterly extension of the north line of the roadway easement across 5/18/87 421 I m a Lots 5, 6, 7, said Block 8 as recorded under Document No. 1079434 in the office of the Registrar of Titles, Hennepin County, Minnesota. PART OF PARCEL 20 S.P. 5-3L-3 AND PART OF PARCEL 38B S.P. 2733 (100=130) 903 That part of Tract A described below: Tract A. All of Lots 1 and 2 except that part of said Lot 2 lying northerly of the following described line: said Lot 2 distant 20 feet south of the northeast corner thereof; thence running southwesterly to a point on the west line of said Lot 2, distant 40 feet south of the northwest corner thereof, Block 8, Tingdale Bros.' Brookside, according to the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered as evidenced by Certificate of Title No. 539711; which lies northeasterly of Line 1 described below and southerly of Line 2 described below: Line 1. 20 feet southerly of the north line of said Lot 1, distant 15 feet west of its intersection with the east line of said Lot 1, thence run sodtheasterly to a point on the east line of said Lot 1, distant 20 feet southerly of said intersection and there terminating; Line 2. Beginning at the point of beginning of Line 1 described above; thence run easterly to a point on the north line of Lot 17, Block 7, said Tingdale Bros.' Brookside, distant 25 feet east of the northwest corner thereof and there terminating; together with all right of access control, being the right of ingress to and egress from that part of Parcel 38B herein conveyed to the lands adjacent thereto. That part of Tract A described below: Tract A. Lots 1, 2, 3, 4, 5, 6, 12, 13, 14, 15, 16 and 17, Block 7, Tingdale Bros.' Brookside, including that portion of the south half of Yancy Street vacated, located between extensions northward of the east and'west lines of Lots 1 and 17 of said Block 7, but excepting therefrom any portion of said Lots taken by the State of Minnesota for state highway purposes, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered as evidenced by Certificate of Title No. 594790; which lies northwesterly of Line 1 described below and southerly of Line 2 described below: Line 1. Beginning at a point on the north line of Lot 17 said Block 7 distant 25 feet east of the northwest: corner thereof; thence run south- westerly to the southwest corner of said Lot 17 and there terminating; Line 2. Beginning at the point of beginning of Line 1 described above; thence run westerly to a point on a line run parallel with and distant 20 feet southerly of the north line of Lot 1, Block 8, said Tingdale Bros.' Brookside, distant 15 feet west of its intersection with the east line of said Lot 1 and there terminating; together with all right of access control, being the right of ingress to and egress from that part of Parcel 40B herein conveyed to the lands adjacent thereto. Beginning at a point on the east line of Beginning at a point on a line run parallel with and distant / PART OF PARCEL 40B S.P. 2733 (100=130) 903 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun-Current, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of notice NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR STREET PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on Monday, June 15, 1987, at 7:OO p.m., for the purpose of holding a public hearing on the proposed vacation of the following street: (Legal description as in paragraph 3. above) All persons who desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should 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, 5/18/87 422 for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Marcella M. Daehn, City Clerk Motion for adoption of the motion was seconded by Member Turner. Rollcall : Ayes: Richards, Smith, Turner, Courtney Motion carried; resolution adopted. ORDINANCE NO. 825-A19 (FLOOD PLAIN) ADOPTED: SECOND READING WAIVED. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Larsen informed the Council that Section 21 of the Zoning Ordinance regulates and controls activities within the designated floodplain. Regulations of activities in the floodplain is mandated by the Federal Emergency Management Agency (FEMA), the agency for federally backed flood insurance. the City's rules and administration of those rules. Edina property owners to receive flood insurance depends on our performance. As a result of a recent audit, Mr. Larsen said that the Ordinance must be amended to delete references to flood proofing methods qther than structurally dry methods as certified by a registered engineer in accordance with floodproofing regulations contained in the Minnesota State Building Code and adopted by the City. meeting of April 29, 1987 the Community Development and Planning Commission unanimously recommended approval of the amendment. No objections or comment being heard, Member Smith moved adoption of Ordinance No. 825-A19 with waiver of Second Reading as follows: I Planner From time to time FEMA audits Continued eligibilip of At its ORDINANCE NO. 825-A19 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) TO DELETE REFERENCES TO FLOODPROOFING METHODS OTHER THAN STRUCTURALLY DRY METHODS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : Section 1. Subparagraph (ii) of Section 21.F.1. is amended to read as "(ii) any nonresidential structure with a basement floor, or first floor if there is no basement, not elevated above the regulatory flood protection elevation must be floodproofed by structurally dry methods as certified by a registered engineer in accordance with the floodproofing regulations made a part of the Minnesota State Building Code as, and to the extent, adopted by the City.It Sec. 2. I This ordinance shall be in full force and effect upon its passage and publication. ATTEST : @3!2Lzk Mayor %&%-U City Clerk Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes: Richards, Smith, Turner, Courtney Ordinance adopted. UTILITY EASEMENT VACATION GRANTED FOR LOT 1. BLOCK 1. WINSOR ADDITION. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Hoffman advised that this public hearing is being held following receipt of a petition to vacate a utility easement on Lot 1, Block 1, Winsor Addition. There has been no objection to this vacation either by the City or the utility following resolution and moved its adoption: WHEREAS, a resolution of the City Council, adopted the 20th day of April, 1987 fixed a date for a public hearing on a proposed vacation of easement for utility purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 18th day of May, 1987, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, ehe Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council has considered the extent to which 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 s'ame, 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 described utility easement be and is vacated effective as of May 19, 1987: Engineer companies. No comment or objection being heard, Member Turner introduced the I I RESOLUTION VACATING EASEMENT FOR UTILITY PURPOSES 1 The North 5.00 feet of Lot 1, Block 1, WINSOR ADDITION 5/18/87 423 BE IT F'URTHER RESOLVED that the 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. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Richards, Smith, Turner, Courtney Resolution adopted. *BID AWARDED FOR PUBLIC IMPROVEMENT NO. BA-265, CONTRACT #87-7 (ENGI. Motion was made by Member Smith and seconded by Member Turner for award of bid for Public Improvement No. BA-265, Contract #87-7 (Eng), (West 50th Street construction from Edina Ct to Halifax Av) to recommended low bidder, Bury & Carlson, Inc. at $369,000.00. Motion carried on rollcall"vote, four ayes. *BID AWARDED FOR TWO SNOW PLOWS. Member Turner for award of bid for two snow plows to recommended low bidder, La Hass Manufacturing & Sales, at $6,247.00. 7 Motion was made by Member Smith and seconded by Motion carried on rollcall vote, four ayes. BID AWARDED FOR EMERGENCY REPAIR OF ELECTRIC WELL MOTOR. Manager Rosland advised that an emergency repair of an electric well motor is required because of the dry weather. routine inspection and that the City will place a claim against the contractor for the cost of the repair. Motion was made by Member Smith and seconded by Member Turner for approval of the emergency repair of the electric well motor by Layne Minnesota at $15,169.00. He explained that the motor was damaged by the contractor during a Ayes: Richards, Smith, Turner, Courtney Motion carried. COUNCIL LIAISON ASSIGNMENT TO BE DISCUSSED AT JUNE 1, 1987 MEETING. The Council briefly discussed the liaison appointments which had been assigned by Mayor Courtney. Member Richards said he was comfortable with the assignments but suggested that this be discussed at the June 1, 1987 meeting when Member Kelly would be present. Member Turner said that because the Council has set up a new process she would like to see another Council Member appointed to the Personnel Committee. In was informally agreed to discuss this more fully at the June 1, 1987 meeting. ON-SALE BEER LICENSE APPROVED FOR GOOD EARTH RESTAURANT. that an application for an On-sale Beer License has been received from the Good Earth Restaurant, 3460 West 70th Street. through the Police and Health Departments and approval should be conditioned on final clearance and approval by the departments. Motion of Turner was seconded by Member Smith for approval of issuance of an On-sale Beer Licence to the Good Earth Restaurant, subject to final clearance by City staff. Manager Rosland advised The application is being processed Ayes: Richards, Smith, Turner, Courtney Motion carried. 1-494 CORRIDOR STUDY REPORT ACCEPTED. Engineer Hoffman referred to his memorandum pertaining to the public hearing held on May 6, 1987 at the Edina Community Center for the purpose of receiving public input on potential transportation improvements in the 1-494 Corridor. He said that following the hearing the Project Management Team has started the process for narrowing alternatives. short-range actions relating to the 1-494 mainline have been drafted. Long-range strategies for the 1-494 mainline are: 1) add one lane in each direction but design the facility to accommodate an additional pair of lanes in the median, and 2) operate this additional lane as an HOV lane demonstration project. He said he has made some arguments why the HOV lane did not make sense and that he would like to know if the Council was uncomfortable with that position. He added that there are other strategies still being talked about. It was informally agreed to accept the report with no further comment. Recommendations for METROPOLITAN COUNCIL REGIONAL HIGHWAY JURISDICTION REPORT DISCUSSED. Hoffman advised that he has been on two task forces in the last seven years with regard to highway jurisdiction. There have been repeated suggestions that MNDOT could solve some financial problems by returning lesser roads to cities and counties. state highway system. with the suggestions and the Metropolitan Council will conduct a public hearing May 26, 1987 on the recommendations of the Regional Highway Jurisdiction Study Report. He said that the AMM Transportation Committee will be meeting on May 20, 1987 to discuss AMM policy- and testimony at the public hearing. Mr. Hoffman said one of the positive suggestions in the report is the recommendation for creation of an ad hoc highway jurisdiction board which would have representation from local government and agencies including MNDOT to serve as an arbitrating panel for highway jurisdiction changes if agreement cannot be reached. feel the group should study the issue of possibly changing the state statutes Engineer It has been suggested that 12,000 miles of roadway be removed from the He pointed out that legislation was passed in 1985 to deal He said he did not 5/18/87 424 which relate to financing of the highway system, such as use of gas tax funds. said he felt that the issue was that there are not enough fund to do the things they have to do. support the report as a whole but will not support all of the recommendations. He added that the cities get 9 percent of the gas. tax and have actually 16 percent of the miles of roadway under their jurisdiction. comment by the Council. He He said he felt the AMM Transportation Committee will generally The report was accepted with no *FEASIBILITY REPORT APPROVED FOR PUBLIC IMPROVEMENTS: HEARING DATE SET. Motion was made by Member Smith and seconded by Member Turner to approve the feasibility report for the following improvements and to adopt the following resolution: RESOLUTION PROVIDING FOR PUBLIC HEARING ON SIDEWALK IMPROVEMENT NOS. P-S-38 AND P-S-39 1. the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file .in the office of the City Clerk. < 2. This Council shall meet on Monday, June 1, 1987, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. affected properties in substantially the following form: The City Engineer, having submitted to the Council a-preliminary report as to t The City Clerk is hereby authorized and directed to mail notice to all CITY OF EDINA 4801 W. 50th Street EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING SIDEWALK IMPROVEMENT NO. - The Edina City Council will meet on Monday, June 1, 1987 at 7:OO p.m. at the Edina City Hall, 4801 West 50th Street, to hold an informal public hearing on the construction of sidewalk-(location)-. This hearing has been called as the result of -(specific request)-. This hearing is considered informal since it is proposed to'pay the entire cost of the improvement from Municipal State Aid Funds and There isproposed to be no assessment against abutting property. Under present City .policy, maintenance (snow removal) of the sidewalk will be the responsibility of .the City. estimated cost is This sidewalk is proposed to be five (5) feetwide and constructed of Portland Cement Concrete. The alignment will be varied to protect existing property features to the greatest extent possible. Any inquires, comments and/or suggestions you may have regarding the improvement may be forwarded to the City Council or Engineering Department prior to the hearing or presented at the hearing itself. If you desire additional information, please call me at 927-8861 between 8:OO a.m. and 4:30 p.m., Monday through Friday. The City Council can authorize the proposed project immediately upon the cost of the hearing. Francis J. Hoffman, P.E. Director of Public Works/City Engineer The Motion carried, resolution adopted on rollcall vote, four ayes. APPRECIATION EXPRESSED ON NAMRON PROJECT. . the information and help he had received from the Planning Department and the City Attorney regarding the Namron project. Member Smith said he appreciated all AMM ANNUAL MEETING NOTED. AMM will be held on May 28, 1987 and that he would be amnding with the City Manager. Mayor Courtney advised that the annual meeting of the RETIREMENT OF PUBLIC SAFETY DIRECTOR NOTED. Buresh, Public Safety Director, has given written notice That he will be retiring from the City as of May 31, 1987 and that his resignationhas been accepted. *CLAIMS PAID. Motion was made by Member Smith and seconded by Member Turner to approve payment of the following claims as per pre-list dated 5/18/87: General Fund $344,314.00, Art Center $4,919.50, Swimming Pool Fund $247.59, Golf Course Fund $26,326.04, Recreation Center Fund $10,461.49, Gun Range Fund $79.25, Utility Fund $40,279.46, Liquor Dispensary Fund $100,009.70, Construction Fund $107,472.36, Total $634,109.39; and for confirmation of payment of claims dated 4/30/87: General Fund $873,504.61, Art Center $980.41, Swimming Pool Fund $136.42, Golf Course Fund $5,015.13, Recreation Center Fund $8,975.22, Gun Range Fund $120.62, Utility Fund $17,355.75, Liquor Dispensary Fund $314,828.48, Total Manager Rosland advised that Robert $1,220,916.64. a. Motion carried on rollcall vote, four ayes. There being no further business on the Council Agenda Mayor Courtney declared the meeting adjourned at 12:22 a.m. City Clerk