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HomeMy WebLinkAbout19871005_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 5, 1987 33 N Ln Ln I rn a I I Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney. RESOLUTION OF CONDOLENCE ADOPTED FOR DR. KRIS HAGEN. following resolution of condolence which was unanimously adopted: WHEREAS, on the 30th day of September, 1987, death brought to a close the active and productive life of Dr. Kristofer Hagen; and WHEREAS, he was held in high esteem by all who knew him for his selfless and timeless efforts in his service to all mankind; and WHEREAS, he dedicated many years of his life to assist the poor and the sick in many developing countries of the world; and WHEREAS, during his years of medical practice he was the personal physician of many individuals in Edina and other communities; and WHEREAS, he served on the Community Health Services Advisory Committee for the City of Edina; and WHEREAS, he shared his medical knowledge with the community through his health column in the Edina Sun-Current; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Edina, Minnesota, does hereby mourn the passing of and extends its condolences to his wife, Bertha, and to his children and their families; BE IT FURTHER RESOLVED that this Resolution be entered in the Minutes.Book of the Edina City Council and that a copy be presented to his family. 'ADOPTED this 5th day of October, 1987. Mayor Courtney read the RESOLUTION OF CONDOLENCE DR. KRISTOFER HAGEN DORAN WALTZER AND ARNOLD BELMORE COMMENDED. Waltzer and Arnold Belmore and said that these employees have been instrumental in making the Braemar Athletic Complex an outstanding facility. hired for the Park and Recreation Department in 1974 and in the summer of 1978 was moved to the complex to work the summer months there when over 500 games are played on the baseball fields. programs for many years and has worked at the complex during the summer months since 1979. to the management and maintenance of the complex and presented them with silver pens bearing the Edina Logo. commendation. Manager Rosland introduced Doran Mr. Waltzer was Mr. Belmore has been active in Edina athletic Manager Rosland commended both men for their outstanding dedication The Council Members also added their thanks and CONSENT AGENDA ITEMS ADOPTED. Member Turner to approve and adopt the consent agenda items as presented. Motion was made by Member Smith and seconded by Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. *MINUTES OF THE REGULAR AND SPECIAL MEETINGS OF SEPTEMBER 14. 1987 APPROVED. Motion was made by Member Smith and seconded by Member Turner to approve the minutes of the Regular and Special Meetings of September 14, 1987. ' Motion carried on rollcall vote, five ayes. PUBLIC HEARING CONDUCTED ON 1-494 CORRIDOR STUDY: REPORT APPROVED. Member Turner advised that on September 23, 1987 the 1-494 Project Management (PMT) unanimously approved its draft final report for review by the participating cities and agencies at a public hearing for the purpose of receiving comment thereon. goal of the PMT is to gain approval by each participating body before the next meeting on October 28. beginning steps of the implementation plan, each of which would be subject to approval. in the Study and that there has truly been an effort to set aside individual interests in an effort to come up with a plan that is in the best interests of the area as a whole for the entire corridor. were present: Dottie Rietow and Gertrude Ulrich, Metropolitan Council representatives; Alison Fuhr, RTB; and Connie Kozlak, PMT coordinator. absence of Dick Wolsfeld, BRW, consultant for the Study, Connie Kozlak presented a summary of the report. initiated the 1-494 Corridor Study in cooperation with MN/DOT, the'Regiona1 Transit Board, the Metropolitan Airports Commission, Hennepin County, and the . cities of Richfield, Bloomington, Edina, Eden Praire and Minnetonka. A Project Management Team representing the participants worked with the consultant to develop a corridor plan. 2) Transit Services, 3) Travel Demand Management, 4) Roadway Capacity Improvements, 5) Funding Resources, and 6) Implementation Program. Components such as transit service improvements, travel demand management strategies (ridesharing, variable work hours, ramp metering, transportation management organization) and land development strategies are prerequisites to completing major roadway improvements along 1-494. to be necessary even after roadway capacity improvements are made, they are needed The If that is .accomplished they can proceed with the She added that she appreciated the cooperation of all the participants She introduced those participants who In the c She recalled that in 1986,the Metropolitan Council The plan contains six components: 1) Land Development, Although these components will continue 10/5/87 in the s.,ort range to accommodate trave demand during the next 0-20 years until roadway improvements are constructed. components is also consistent with regional policy to make the most efficient use of the existing system. DeveloDment - It was agreed to coordinate new development with staging of transportation improvements and to minimize the impact of new developments on peak period traffic. Staff members from the participating cities have agreed that they should revise their Comprehensive Plans to include the transportation component. Transit Services - It is difficult to serve suburban areas with transit services because of the multiplicity of destinations and origins. Light rail transit was considered but was dismissed because the ridership for a transit system on the 1-494 Corridor would only be about 6,000 riders per day. The PMT did look at fixed route bus service, e.g. crosstown service parallel to 1-494, new express service focused on 1-494 employment concentrations, coordination of transfer with I-35W routes. presentation. He presented the following graphics: 1) comparison of the municipal forecasts of 2010 land use, translated into population and employment forecasts, with the 2010 forecasts made by the Metropolitan Council; 2) existing traffic volumes/levels of service on the 1-494 Corridor, and 3) forecasts of traffic volumes/levels of service if no improvements are made on the 1-494 Corridor. are expected along the 1-494 Corridor based on these socioeconomic forecasts. While identifying major issues, the study team assessed the physical and operational constraints in the corridor. forecasts, and input from each of the cities and the county, the team identified a universe of alternatives for the roadway facilities. These were divided into four types of improvements: 1) 1-494 Mainline Improvements, 2) Interchanges with other Regional System Highways, 3) Interchanges which provide access to Arterial Streets, and 4) Frontage Roads/Detached Frontage Roads/Parallel Arterials. Demand Management - The following are considered to be critical for reducing peak period traffic in both the long and short-range in the corridor: ridesharing, variable work hours, parking management, land use mix and site design, preferential access and ramp metering, HOV lane and private sector transportation management organization. transportation management organization composed of developers and major employers along the corridor in order to implement various travel demand management programs and to mitigate traffic in peak hours. The Study recommended the following roadway capacity improvements: 1) Add one lane in each direction (two lanes between CSAH 18 and TH 100) and upgrade to meet current design standards; continue to study making this lane an HOV lane; 2) Reserve rigbt of way in median for additional lane if needed, 3) Reconstruct interchanges with other metro system highways (77, 35W, 100, 18, Crosstown) and adjacent arterial streets; design to be consistent with forecasted traffic; 4) Construct a full movement interchange at Portland Avenue and remove ramps at 12th Avenue and Nicollet Avenue, 5) Improve arterials parallel to 1-494 to serve short trips and to replace adjacent frontage roads, and 6) Add a lane in each direction to CSAH 62 and CSAH 18. to improve 1-494 (without right of way costs) are estimated at $400M to $SOOM. Traditional mechanisms for funding are insufficient to finance the recommended roadway improvements. The study team recommends that alternative.sou?ces of funding, such as establishing benefit assessment districts and traffic impact fees, be considered. It also recommends that the feasibility of dedicating a special tax to a fund for regional highway improvements be investigated. legislation may be needed to implement some of these funding mechanisms. The ' . study team spent considerable time in allocating the responsible entities for each improvement type and identifying potential funding mechanisms. ImDlementatibn Plan & Program - - Short-Range (1988-1990): Implement the Joint Powers Agreement; start the EIS, preliminary geometric design and evaluation of HOV lanes; form a voluntary TMO of major developers/employers; implement TDM strategies; develop and implement a short-range Transit Plan; continue work on the 1-494 Financial Plan; implement ramp metering; begin construction of short-range interchange and arterial street improvements; monitor land use development/traffic volumes; obtain changes in property access along frontage roads as opportunities arise; and amend City Comprehensive Plans as appropriate. Medium-Range (1991-1995): Implement a TDM ordinance in each city; implement additional transit service improvements; secure an Indirect Source Permit; begin reconstruction of the 1-494/135W interchange; monitor land use development/traffic volumes; amend the 1-494 Corridor Plan as appropriate; and begin reconstruction of I-35W. Long-Range (1996-2005) : Implement additional TDM strategies , implement additional transit' services; complete additional final engineering; secure additional right of way as required; reconstruct the 1-494 mainline, reconstruct the TH lOO/I-494 interchange; monitor land use development/traffic volumes; amend the 1-494 Corridor Plan as appropriate; and begin reconstruction of CSAH 62/CSAH 18. Following the presentation, Larry Laukka gave an update on the Travel Demand Management Organization which has been formed. the traffic activity in the 1-494 Corridor by 10 to 15% in the peak hours and to better develop the land that is left to be developed. questions raised from the Council Members and the public, Member Turner introduced the folloving resolution and moved adoption: Implementation of these low capital The components were summarized as follows: Land Dick Wolsfeld entered the meeting at this point and continued the These figures indicated that major traffic operational problems Based on this information, the traffic Travel The private sector has already formed a non-profit Capital costs- Special He said their goal is to impact Following discussion and 10/5/87 35 c\I Ln Ln II D a RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Draft 1-494 Corridor Study Report presented at the regular meeting of the City Council of October 5, 1987 be and is hereby granted approval. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. Motion was made by Member Smith, seconded by Member Kelly and carried unanimously thanking Member Turner for her the and efforts in serving as Chair of the Project Management Team. (See correction in 11/2/87 Minutes.) PUBLIC HEARING HELD ON SPECIAL ASSESSMENT FOR WOODDALEbJTLEY PARKS PARKING LOT P-16-17: ASSESSMENT LEVIED. Due notice having been given, a public hearing was conducted and action taken as hereinafter recorded on the following proposed assessment: 1. WOODDALEflTLEY PARKS PARKING LOT P-16-17 Location: West 50th Street and Wooddale Avenue Engineer Hoffman presented analysis of assessment for Wooddalefltley Parks Parking Lot P-16-17 of $100,000.00 to be spread over 20 years with an interest rate of 8.9%, per Assessment Agreement executed by St. Stephen's Episcopal Church during the development of the West 50h Street improvement project. Member Smith introduced the following resolution and moved adoption: SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF PUBLIC IMPROVEXENT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearing held on October 5, 1987, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the following improvement: Wooddale and Utley Parks Parking Lot P-16-17 does not exceed the local benefits conferred by said improvement upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in equal annual installments, the first of said installments, together with interest at a rate of 8.9% per annum on the entire assessment from the date hereof to December 31, 1988, to be payable with the general taxes for the year 1988. added interest at the above rate for one year on all then unpaid installments. The number of such annual installments shall be as follows: WOODDBLE AND UTLEY PARKS PARKING LOT P-16-17 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The City Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the owner of any right-of-way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said Sect ion. Motion for adoption of the resolution was seconded by Member Turner. The City has given notice of hearing as required by law on the proposed To each subsequent installment shall be Name of ImProvement Number of Installments 20 years Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. PRELIMINARY PLAT APPROVED FOR ROLLING GREEN PAEXWAY ADDITION UPON ADOPTION OF FINDINGS OF FACT. Planner Craig Larsen recalled that at its meeting of September 14, 1987 the Council had directed staff to prepare Findings of Fact in support of preliminary plat approval for Rolling Green Parkway Addition. Findings, Decisions and Reasons contain new information as to the front street setbacks of dwellings adjacent to the subject property. City records indicated that the adjacent dwelling to the south (4812 Rolling Green Parkway) maintains a front street setback of approximately 90 feet; the actual setback is 111 feet. , City records indicated a front street setback of 75 feet for the dwelling immediately west of the subject property; the actual setback is 67 feet. These setbacks will be used to determine required front street setbacks for new dwelling units on the subject lots. Planner Larsen pointed out that Finding No. 9 explains the Zoning Ordinance requirements for the siting of new dwelling. It is important to note that the Ordinance requirements depend on the order in which the lots are developed. setbacks when there is no uniformity. The actual setbacks required will vary depending on the actual footprint of the dwelling ultimately developed on the lots. He advised that the The intent is to have a smooth transition between front street Planner Larsen said that a proposed draft of the Declaration of Restrictive 10/5/87 36 Covenants, which would insure that the 50 foot and 20 foot sideyard setbacks would be preserved for the benefit of the adjacent property owners, has been received from the proponent's attorney. looked at the building pads with the revised front street setbacks and has determined that footprints of approximately the same size as was reviewed prior could be constructed within those buildings pads. copies of the Findings, Decisions and Reasons have been distributed to the proponent and to the opponents; that the public hearing on this matter was continued so that additional comment could be heard before the Council makes its decision. street setback be the determining setback. historically the City has taken the position that the developer has the option under the Zoning Ordinance of which setback to observe depending upon which lot is developed first and that he would be hesitant about leaving that open ended. No further comment beiag heard, Member Richards moved adoption of the Findings, Decisions and Reasons, as presented and made a part of the Mbutes, for prelimhary plat approval and moved adoption of the following resolution, subjece to subdivision dedication and approval of the final plat: In conclusion he said that the proponent has Attorney Erickson advised that . Member Kelly asked if the Council could require that the greater front Attorney Erickson opined that I . RESOLUTION dppRovING PRELIMINARY PLAT FOR ROILING GREEN PARKWAY ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plan entitled "R0I;LING GREEN PARKWAY ADDITION", platted by Charles David lather and presented at the regular meeting of the City Council of October 5, 1987 be and is hereby granted preliminary plat approval. Motion for adoption of the Findings and resolution was seconded by Member Turner. Member Smith commented that at the September 14, 1987 Council meeting he had voted against approval, but that on reviewing the Findings, Decisions and Reasons and the file he could not find logic or legal reason not to approve the plat. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Findings and resolution adopted. PRELIMINARY PLAT APPROVED FOR PONDWOOD ESTATES. Planner Larsen recalled that the hearing on the request for preliminary plat approval for Pondwood Estates, generally located east of County Road 18 and north of West Trail, had been continued at the last Council meeting to allow for staff review of grading for the proposed alternative cul-de-sacs versus the extension of Apache Road westerly to McCauley Trail as had been approved by the Community Development and Planning Commission. Alternate A would extend Apache Road west to a cul-de-sac. illustrated a new cul-de-sac from McCauley Trail which would not connect to existing Apache Road. require a lot depth variance for proposed Lot 7 of the subdivision. Larsen informed the Council that the Planning Commission reviewed the options informally and the consensus was that Alternate A could be an acceptable development to their preferred approach of extending Apache Road to connect with McCauley Trail. received from Michael Halley, proponent, suggesting an approach to subdivision dedication which would be satisfied in part or totally by the dedlcation of Outlot A to the City. approval was that Outlot A be controlled by a neighborhood association to take care of the expense of upkeep of the pond. He added that, in following normal procedures for preliminary plat approval, the matter of subdivision dedication is not determined before approval of the final plat. recommend that the subdivision dedication be cash in lieu of land and that Outlot A be controlled privately with an easement for storm water holding purposes in favor of the City. Michael Halley, proponent, stated that he has met with the neighbors and that agreement has been reached on several items, subject to Council approval: 1) Alternative A which would extend Apache Road to the west with a cul-de-sac prior to reaching McCauley Trail; and 2) A developer's agreement has been signed with all the neighbors who abut the pond for its development as an amenity and to be maintained by a homeowners' association. Because the cost for pond development and the outlet for storm water will be substantial, Mr. Halley asked that the Council grant some kind of relief for the subdivision dedication. Marvin Ingber, 6705 Apache Road, confirmed that the neighbors agreed with Alternative A for the extension of Apache Road and for the development of the pond by the proponent. included in the developer ' s agreement with the City. that, regarding a subdivision 'dedication, he would support a cash subdivision dedication fee for the City's park system. heard, Member Richards introduced the following resolution and moved adoption, subject to the following conditions: 1) Apache Road to be extended as proposed by Alternate A; 2) Final Plat approval and subdivision dedication, 3) Execution of a developer's agreement which dd include provisions as to the pond construction and maintenance with ovnership to remain in the private sector; 4) Acquisition of excess right of way along McCauley Trail, 5) Issuance of permits required by Nine Mile Creek Watershed District and the Minnesota Department of Natural Resources, and 6) Amendment of the Comprehensive Plan to change the land use .designation for the subject property from Park to Single Family Residential: He presented two alternative plans for the extension of Apache Road. Alternate B Alternate A would not require variances; Alternate B would Planner Planner Larsen also directed the Council's attention to a letter He recalled that one of the Planning Commission's conditions for In this case staff would I He added that the neighbors would like to have these issues be - No further comment or objections being Member Richards commented 1 s Part of Council Minutes, of 10/5/87 CITY OF EDINA In the Matter of the Application of Charles David Luther for a Subdivision of Lot 29, Rolling Green (S-87-7) FINDINGS, DECISIONS, AND REASONS The above entitled matter was heard before the City Council, City of Edina, on August 17, 1987, September 14, 1987, and October 5, 1987. Charles David Luther (llProponentll) was present. William Killion, attorney for the Proponent, was present at the September 17, 1987 and October 5, 1987, hearings. The City Council, having heard and reviewed all of the facts and arguments . presented by the Proponent, his representative, property owners in the vicinity of the subject subdivision and their representatives, and having heard and reviewed the evidence law adduced by the Proponent, his representative, City Staff.and property owners and their representatives and being fully advised, after due consideration, hereby makes the following FINDINGS FACT: 1. The Proponent, on June 10, 1987, submitted an application for subdivision of a 97,953 square foot parcel - of,land located west of Rolling Green Parkway and south of Annaway Drive. .This tract of land (the #!Subject Property") , is a platted lot, described.as Lot 29, Rolling Green, which was platted in approximately 1936. dwelling unit building is located in the west central portion of the Subject Property. the Subject Property is owned by Charles David Luther. An existing single According to City records, 2. The Subdivision, (the IIProposed Subdivision") as submitted with the application for subdivision on June 10, 1987, delineated two, R-1, Single Dwelling Unit lots. Lot 1 of the Proposed Subdivision measured 48,977 square feet and 1 Lot 2 measured 48,976 square feet. if the Proposed Subdivision were approved, the existing The Proponent indicated . dwelling located on the Subject Property would be removed and two new dwellings would be constructed. t 3. The Edina Community Development and Planning Commission (the "Commission") reviewed the Proposed Subdivision at its July 1, 1987, meeting. The Proponent stated that the proposed lots were not undersized for the neighborhood, and that by removing the existing dwelling the area would be improved. Several property owners residing in the vicinity of the Subject Property were present and spoke in opposition to the Proposed Subdivision. concerns were the precedent which would be set, the denial of a similar subdivision of the Subject Property in 1977, the unique large lot character of the area, the large Their stated - I 1 I I spacing between dwellings and that approval of the Proposed Subdivision would promote speculative development in the 1 neighborhood. Subdivision, signed by approximately 65 property owners was submitted, as well as numerous letters. The Commission A petition in opposition to the Proposed continued the request in order to review the record of 1 i previous subdivisions in the area, to compare the lot sizes in the Proposed Subdivision to those of the entire area, and to allow the Proponent to prepare a revised Proposed Subdivision which would realign the property line between the two lots in the Proposed Subdivision. - 2 4. The Commission reviewed the revised Proposed Subdivision (the "Revised Proposed Subdivision") at its July 29, 1987 meeting. Lot 1 of the Revised Proposed Subdivision measured 47,497 square feet and Lot 2 measured 50,456 square feet. The Commission reviewed the list of previously approved and denied subdivisions in the area and lot sizes for all lots (being 90 in number) in the area, bounded on the south by Interlachen Boulevard, on the west by Interlachen Country Club, on the north by the City boundary and on the east by the line between the Rolling Green and Hillsdale Subdivisions. Lot sizes were computed by Egan, Field and Nowak, Registered Land Surveyors, the Proponent's surveyor. The mean average lot size for the 90 lots measured was 57,766 square feet. Excluding Lot 8, Rolling , Green (the "Short Property"), which measured 683,200 square feet, (15.7 acres) because of its unusually-large size, the average lot size was reduced to 50,739 square feet. Forty five lots were smaller than Lot 1 of the,Revised Proposed Subdivision and 51 lots were smaller than Lot 2 of the Revised Proposed Subdivision. representatives residing in the vicinity were present and spoke in opposition to the Revised Proposed Subdivision. Issues cited by property owners and their representatives included the uni.que and spacious character of the area, the intent of the original developer of the area, the spacing between dwellings, the reliance of residents that future subdivisions would not occur, the precedent which would be Property owners and their ._ 3 established by The Commission of the Revised approval of the Revised Proposed Subdivision. voted (by a 6-1 vote) to recommend approval i- Proposed Subdivision with the condition that larger than minimum dwellings to insure 5. On August ! I setbacks be observed by the new adequate spacing between dwellings. 17, 1987; the Edina City Council conducted a public hearing and received the report and recommendation of the Commission regarding the Revised Proposed Subdivision. Ordinances, notice of the August 17, 1987 meeting was published in the Edina Sun Current and mailed to property owners within 350 feet of the Subject Property. Proponent requested that the public hearing be continued to allow his architect time to respond to the suggestion of - Pursuant to applicable City The City Staff that a 50 foot side yard setback be required ,. along the easterly property line of each lot in the Revised Proposed Subdivision. and their representatives spoke in opposition to the Revised Proposed Subdivision. Among the issues raised in oral and written testimony were: At said hearing the property owners I . - ..u A. The Revised Proposed Subdiyision would not preserve the character 'and symmetry of the neighborhood and is, thus, contrary to the policies of the Comprehensive - Plan. 4 B. The Revised Proposed Subdivision is for speculative gain only. C. The Revised Proposed Subdivision would establish an undesirable precedent leading to subdivision of other large lots. D. The lots in the Revised Proposed Subdivision are substandard in size when compared to adjacent lots and when compared to all lots in Rolling Green. E. Required setbacks create a small, unusually shaped building pad unsuitable for development. Following testimony from property owners and their - representatives the City Council continued the public hearing to its meeting of September 14, 1987. . .,. 6. On September 14, 1987, the City Council again conducted a public hearing concerning the Revised Proposed Subdivision. illustrating conceptual development of the two lots with dwellings of approximately 7,600 square feet on Lot 1 and approximately 6,500 square feet on Lot 2. illustrated an average front street setback of 85 feet, an interior side yard setback of 50 feet from the easterly property line of each lot, and an interior side yard setback The Proponent submitted a site plan The graphic 5 of 20 feet from the westerly property line of each lot. proponents attorney, William L. Killion, submitted a letter addressed to the City Council, dated September 9, 1987, supporting the Revised Proposed Subdivision. stated that-the conceptual site plans had been prepared by his architect, and that homes in keeping with the neighborhood could be built within the setbacks illustrated. Mr. Rillion observed that the Revised Proposed Subdivision complied with all requirements of the Subdivision and Zoning Ordinances and that the Revised Proposed Subdivision was The The Proponent li i c consistent with the policies of the Comprehensive Plan, specifically that the Revised Proposed Subdivision would preserve the character and symmetry of the neighborhood. Mr. Killion pointed out that City Staff and the Commission had recommended approval of the Revised Proposed Subdivision. .- . Pi . I. t I I Property owners and their representatives were present l and submitted oral and written testimony in opposition to the Revised Proposed- Subdivision. were: Among the issues raised A. Certain lots included in the lot'size analysis Other lots I prepared by City Staff should be eliminated. though smaller than the lots in the Revised Proposed subdivision should be considered to be larger (or not counted as smaller) because of their proximity to the open - 6 space provided by golf courses and a pond in the vicinity. According to David Licht of Northwest Associated Consultants, Inc., a planner hired by the property owners, only 70 lots should be used to determine the average lot size; smaller lots without access to the main roads in Rolling Green, and along the north boundary line should not be counted. His analysis indicated a median lot size of 50,300 square feet. Further, he stated if the pond is added proportionately to surrounding lots the median lot size increases to 52,100 square feet. B. There have been no significant subdivisions in the Rolling Green neighborhood C. The front street illustration were based on. since the 1950's. setbacks used by City Staff for - erroneous data. ,Mr. Licht, . , : acknowledging he was not a registered land surveyor, said that his office had determined that the adjacent dwellings maintained front street setbacks of 111 feet and 79 feet respectively, where as City records indicate setbacks of "approximately 90 feet" and 75 feet for adjacent dwellings. He continued to say that he had determined a typical building separation of 110 feet in his area study. concluded that few, if any, of the surrounding dwellings would fit on these lots if these conditions were met. He 7 D. That the Revised Proposed Subdivision would not preserve the character and symmetry of the neighborhood. E. That approval of the Revised Proposed Subdivision would establish a precedent leading to further subdivisions in the neighborhood which would destroy the character of the area. 7. Edina Ordinance No. 825, (the "Zoning Ordinance") imposes the following minimum standards for single dwelling unit lots: Minimum Lot Area Minimum Lot Width Minimum Lot Depth 9,000 square feet 75 feet - 120 feet .I i i .. li .. The dimensions and areas of Lots 1 and 2 of the Revised - I I Proposed Subdivision comply with the above standards . 8. 47,497 and 50,456 square feet respectively. Within the area described earlier, which was used for review by the Commission and Council, the mean average lot size is The lots in the Revised Proposed Subdivision contain approximately 50,739 square feet, excluding the Short Property. square feet. Mr. Licht, the planner for the opponents, concluded that the median lot size is 50,300 square feet, The median lot size is approximately 47,300 I 8 and if the pond in the area is added proportionately to surrounding lots, the median lot size increases to 52,100 square feet. 9. If a dwelling is first constructed on Lot 1 of the Revised Proposed Subdivision the Zoning Ordinance would require a front street setback equal to the setback of the nearest adjoining dwelling which is 67 feet. Subsequent construction of a house on Lot 2 of the Revised Proposed Subdivision would require a front street setback which would increase from approximately 75 feet at the westerly setback line to (20 feet from the side property line) approximately 95 feet at the easterly setback line (50 feet from the side property line). of the Revised Proposed Subdivision the required front If a dwelling is first constructed on Lot 2 - street setback would increase from approximately 94 feet at the westerly setback line to approximately 105 feet at the . .. easterly setback line. The required front street setback for Lot 1 of the Revised Proposed Subdivision would then increase from approximately 78 feet at the westerly setback line to approximately'90 feet at the easterly setback line. The Zoning Ordinance requires a minimum interior sideyard setback of 10 feet and a minimum rear yard of 25 feet. Staff review of adjacent properties and properties along Rolling Green Parkway found an average spacing between dwellings of approximately 90 feet. the property owners found an average spacing of homes of City The planner hired by 9 approximately 100 feet when looking at a larger section of the neighborhood. property to covenants which would increase the required minimum interior sideyard setback to 20 feet adjacent to the' westerly property line of each lot and 50 feet adjacent to the easterly property line of each lot in the Revised Proposed Subdivision. This would result in a spacing between dwellings of approximately 90 feet between Lot 2 and the existing dwelling to the south, approximately 70 feet The Proponent agreed to subject the - between new dwellings on Lot 1 and 2 of the Revised Proposed Subdivision and approximately 120 feet between the new dwelling on Lot 1 and the existing dwelling to the west of Lot 1 of the Revised Proposed Subdivision. - 10. Edina Ordinance No. 801 (the llPlatting Ordinance") states that the City Council shall consider, among other things, the suitability of plats from the standpoint of community planning. 11. The Edina Comprehensive Plan adopted by the City Council on December 12, 1981, states the following general policies : Allow further subdivision of developed single family lots only if neighborhood character and symmetry are preserved. - 10 Lot sizes for new single family development should be based on existing neighborhood standards. THEREFORE, based on the foregoing findings, the City Council does hereby make the following Decision : .. Preliminary approval of the Revised Proposed Subdivision entitled Rolling Green Parkway Addition is hereby granted, subject to the imposition by the Proponent of recorded covenants against the Revised Proposed Subdivision and in favor of adjacent property owners that the interior sideyard setbacks of Lot 1 shall.be.50 feet from the easterly property line and 20 feet from the westerly property line, and Lot 2 shall be 50 feet from the easterly property line and 20 feet from the westerly property line. - t- The above decision is made for the following: Reasons : A. The Revised Proposed Subdivision meets or exceeds all requirements set forth in the Citys Zoning and Platting Ordinances. 11 B. The Revised Proposed Subdivision is consistent: with the goals, objectives and policies set forth in the Comprehensive Plan. Subdivision will not adversely impact and does preserve, the I Specifically, the Revised Proposed \ >*: .character and symmetry of the neighborhood. j ->-d -! C. The lots in the Proposed Subdivision*are consistent in size with both the mean and median lot sizes for the area. Even if certain smaller lots are eliminated i 1 * from‘the comparison, as proposed by representatives of the I property owners, one lot in the Revised Proposed Subdivision would be slightly smaller and one lot would be slightly larger than the median lot size of 50,300 square feet, as computed by the planning consultant for the property owners - ! i I - i D. The Proponent has agreed to provide larger than . .. I i required sideyard setbacks to insure adequate spacing between dwellings. Revised Proposed Subdivision to covenants in favor of adjacent property owners that the sideyard setbacks of Lot I i The Proponent has agreed to subject the I - shall be 50 feet from the easterly property line and 20 feet from the westerly property line, and of Lot 2 shall be 50 feet from the easterly property line and 20 feet from the westerly property line to insure future compliance with the agreed upon sideyard setbacks. 12 e E. Even with the larger than required sideyard setbacks building pads remain for the development of dwellings of a size consistent with the size of other dwelLings in the neighborhood. F. Regardless of the timing of the development of the individual lots in the Revised Proposed Subdivision and the resulting differences in the required front street setbacks for the individual lots, the ultimately developed lots will . be compatible with other developed lots in the area. I 13 1015187 RESOLUTION APPROVING 37 PRELMINBRY PLAT FOR PONDWOOD ESTATES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "PONDWOOD ESTATES", plated by Schoenhall, Ltd. and presented at the regular meeting of the City Council of October 5, 1987 be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted . PUBLIC HEARING CONTINUED TO 10/12/87 ON PRELIMINARY REZONING FROM R-1 SINGLE DWELLING UNIT DISTRICT TO MDD-5 MIXED DEVELOPMENT DISTRICT AND PRELIMINARY PLAT FOR HEDBERG PROPERTY. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. for rezoning of property, generally located east of France Avenue, north of 1-494 and south of Daytons Home Store, (Hedberg Property) from R-1 Single Family to MDD-5 Mixed Development District and approval of a preliminary plat. The total gross site area is 99.74 acres of which approximately 2.8 acres are located in the City of Bloomington. One parcel, located east of France and south of 76th Street is not currently under the control of United Properties (the DeCourcy Property). The proposed master plan relies on the acquisition of this property. This is and has been the site of a gravel mining and ready mix operation for many years. The only existing improvements to the site are the processing plant and the Hedberg office located along West 76th Street. At a special meeting on September 15, 1987 the Community Development and Planning Commission reviewed the proposal and recommended preliminary rezoning and plat approval, subject to the following conditions: 1) Final rezoning, final plat approval, and granting of a Conditional Use Permit for retail sales, 2) Amendment of the Zoning Ordinance to allow the development pursuant to the Master Plan as approved by the Commission and Council, 3) Approval by the Council of an Environmental Impact Statement (EIS) for the proposed development, and 4) Execution of a redevelopment contract between the developer and the HRA as approved by the City Council. Planner Larsen concluded by advising that the Scoping Environmental Assessment Worksheet (EAW) for the project has been prepared. The public comment period is in process and extends through October 21, 1987. A public meeting will be held on October 13, 1987 to receive additional public comments. additional items of study will be incorporated into the document and the process of preparing the EIS will begin. the project develops, it is staff's responsibility to be sure that the financial package is in reasonable shape. Council, as the developer's agreement is being drafted any potential loose ends will be tied down. The tax increment runs support Phase I development. He noted that the Council has been concerned about the operational costs to make sure that the additional services (e.g. police and fire) required for the proposed development are covered. office, retail and residential units and contribution to a trust fund to ensure that those costs are covered. Boyd Stofer, representing United Properties, gave a brief review of the proposed project as presented to the Council at a preliminary meeting on May 12, 1987. purchase agreement with the Hedbergs for the subject property. held for the DeCourcy property was dropped as of the end of last year and they do not have control of that property. developer's agreement that the HRA will negotiate for or otherwise condemn the DeCourcy parcel so as to assemble the site. the approximate 100 acre site is intact. Properties will act as master developer for the mixed used project and that initial arrangements have been made with Laukka Development Company for the housing component and with Gabbert and Beck for the retail. accomplish the private objectives of the investment in the land while at the same time giving something back to the City of Edina that is unique in the form of a large open park area which represents almost one-third of the site. stated goal of the HRA to include a substantial housing component on the site and that has been part of the Master Plan. have developed the fundamental terms of the developer's agreement and negotiation on specific points will follow during the next months. The basic intention is to pay for the public amenity on the project and to support the inclusion of the housing by means of tax increment financing generated from the commercial development. development encompasses approximately $300M of office, retail, housing and other commercial development which will take 10 years to complete. saying that they are prepared to move forward on Phase I of the project. Jarvis, BRW, consultant, presented the Master Plan for the project as follows: Development Objectives - 1) Create a world class development, 2) Be responsive to the City of Edina public policies, 3) Turn water "problem" into opportunity, 4) Create a unique adult oriented public/private open space, 5) Create an integrated mixed-use program, 6) Create a variety of spaces/scales, 7) Relate to Edinborough, and 8) Develop travel demand management techniques that minimize peak-hour congestion. Master Plan - Project Description: 1500 dwelling units (DU). Sites A Planner Larsen presented the request of United Properties At the conclusion of the comment period Manager Rosland informed the Council that, as If preliminary approval is granted by the The developers have agreed to some formulas for the He said that in March United Properties entered into a The option they It is anticipated within the scope of the The Master Plan concept assumes that Mr. Stofer explained that United They hope to It is the Meetings with City staff and the HRA staff As to the potential economical impact, he said that the total , He concluded by Peter 1015187 38 (406 DU), G (280 DU) and E-1 (284 DU) are low rise Edinborough type walk-up condominiums. The northerly building is illustrated as 20 stories; the southerly building as 28 stories. Five office buildings are proposed totaling 1,500,000 sq ft of floor area as follows: Site B-2 - 300,000 sq ft, 12 stories; Site E-2 - 250,000 sq ft, 12 stories; Site F-1 - 250,000 sq ft, 12 stories; Site F-2 - 350,000 sq ft, 16 stories; Site F-3 - 350,000 sq ft, 16 stories. Retail/Health Club - Site D - 194,000 sq ft retail mall; 149,700 sq fthealth club. (Bloomington) 150-250 rooms; 150,000 sq ft. Parkinq - Residential: Zoning Ordinance requires one enclosed and 0.5 exposed space per unit. housing elements meet or exceed the required parking. proposed at a 1.5 ratio below grade and with a minimum of .5 space per unit for surface guest parking. Office: Zoning Ordinance requires for non-residential uses Gross Floor Area/300. parking and is propose& as ramp parking on the 3 to 4 level range. Required parking - 1,146 spaces; 1,360 spaces are provided. Setbacks - Zoning Ordinance requires a minimum setback of 50 feet plus 1/2 foot additional setback for each foot building exceeds 50 feet. Low Rise Residential: Most buildings comply but a couple of areas provide less, approximately 40 feet. High Rise Residential: 28 story building on Site B-1 complies; 20 story building on Site B-1 provides 20 feet from northerly tract boundary, at approximate’ly 170 feet in height, 110 feet is required. Retail: Buildings meet or exceed required setback. Office: B-2 - 40 feet provided, 106 feet required; E-2 - 95 feetprovided; 106 feet required; F-1 - 40 feet provided; 106 feet required; F-2 - 160 feet provided; 133 feet required; F-3 - 160 feet provided, 133 feet required. Floor Area Ratio (FAR) - FAR limits apply only to non-residential floor area. The Plan illustrates 1,843,700 square feet of non-residential floor area for a FAR of 0.49, 0.5 is maximum allowed by the Zoning Ordinance. FAR for all buildings is 0.95 which compares to 1.1 for Edinborough - there is no overall FAR limitation in Zoning Ordinance. Public Street Improvements - A) Extension of Parklawn Avenue to France Avenue, B) Reconstruction of West 76th Street between Edinborough Way and France Avenue, C) Construction of Minnesota Drive between Edinborough Way and France Avenue, D) Dedication of additional right of way to complete upgrade of France Avenue, E) Bridges over water on Parklawn Avenue and West 76th Street, and F) Extension of Edinborough Way to connect to Parklawn Avenue. must provide 34 acre feet of storm water ponding. need into an amenity. handle storm water needs. PhasinE Plan - Zoning Ordinance requires a phasing plan at time of final development plan approval. Elements of the Plan expected in Phase I: (Site C); Retail and Health Club (Site D) Office (Site F-3); and Hotel (Site G). Minnesota Drive, West 76th Street and France Avenue would be constructed.in Phase I. I. would be developed along westerly side of pond. shore would be completed at a later phase. of which over 10 acres is water. of hard and soft edge features, generally a hard edge along the west and a soft edge along the east shore. portion of the site. A variety of land and water activities are contemplated. oriented - this park is not intended for organized sports. Transit - The concept of off-street transit originated with the Yorktown development. - Right of way for - the system, which abuts the subject property, was dedicated by the Yorktown Plat. The spine is proposed to connect Fairview Southdale Hospital and Southdale Center to residential areas to the south. public streets. A study is underway to select vehicle type, fare and service structure, ownership and operation of the system. Traffic and Environmental Issues - The proposed development is subject to a mandatory Environmental Impact. Statement (EIS). will be analyzed. measures will be proposed as appropriate. the project on air quality, the sanitary sewer and water systems. Plan - The Comprehensive Plan illustrates all of the area south of West 76th Street as mixed use. Street as mixed use. is shown as park. residential. contained in the City‘s Comprehensive Plan. It also meets the general goals for . development in southeast Edina and the overall goals of City staff for development of the Hedberg property. within the Southeast Edina Plan Area. Portions are within a tax increment district established in 1977. tax increment district, the storm water holding area, provide a City park, and to assist some or all of the housing. presented on May 12, 1987 are a multi-screen theatre on either Site B-2 or F-1 and a low density, low rise, long term stay hotel to be located on Sit.e E-2, both of which would reduce peak hour traffic. Summaw - The housing component will not be Site B-1 contains two buildings with a total of 530 DU. Hotel - Site G - All of the Residential parking is All proposed office buildings exceed required amount of Retail: . Storm Water - Area Concept is to turn storm water Create permanent water body with adequate capacity to I Water also buffers housing from non-residential uses. Housing Parklawn Avenue and Edinborough Way would only be partially completed in Phase The pond would be constructed in the central and southern portions. Park area The easterly portions of the pond Park - Total park area is 23.5 acres The shore line is proposed to include a variety Park office/shelter to be located in the 6entral Activities are adult A pedestriannike path system circles the water feature. The intent is to divert trips from surrounding As part of the EIS the traffic/roadway impact of the development The EIS will also analyze the impact of Roadway/intersection improvements and necessary mitigative I Commehensive It also illustrates the westerly portions north of 76th The central portion of the site, north of West 76th Street, The easterly portion of the property is shown as high density The proposed Master Plan conforms to the land use designations Citynwl Involvement - All of the subject property is The remainder of the property is proposed for a new The HRA would be financially involved in order to provide Additions/ChanEes -Additions or changes to the Master Plan as 10/5/87 39 a a duplication of Edinborough but will have a unique design and distinctive architecture because the site context is different. Positive impact of the France Avenue upgrade by the county is taken into account in the traffic analysis as a given in terms of a time fix as opposed to 1-494. Going back to the 1972 Yorktown development, one of the purposes of the greenway was to maintain a right of way in the event the City would want to implement a off-street transit system in the future. down to the outdoor park Phase I1 of Edinborough to accommodate that transit linkage and during the EIS process, in terms of forecasting impact, that will be looked at in detail. At this point, no reduction in traffic has been applied to any of the numbers in the Traffic Impact Study in response to the transit system. Mr. Jarvis also informed the Council that the Hedbergs own a two acre plus site adjacent to the subject property, generally located south of Parklawn Avenue and east of Edinborough Way extended, that is proposed to be developed for multi-family housing at a York Avenue corridor density range of 30 units per acre as opposed to a density range of 40 units per acre for the Zedberg site. A condition of the purchase agreement with the Hedbergs for the subject property is that United Properties obtain Council approval for multi-family use on that parcel. In conclusion, Mr. Jarvis said that the Hedberg Site project would include 1,500,000 square feet of office, 1500 housing units and approximately 300-400,000 square feet of combination retail, health club and multi-screen theatre and/or hotel. Mr. Jarvis then introduced Dick Wolsfeld, BRW, to present the traffic impact of the project. Mr. Wolsfeld presented a summary of the Hedbern - Site Traffic Impact Study as follows: Process - The technical assumptions in the Study were reviewed and approved by representatives of the following agencies: Cities of Edina, Bloomington, Richfield; Hennepin County, MN/DOT, Regional Transit Board, Metropolitan Council and the Minnesota Pollution Control Agency. General Framework - 1) Broad definition of the impact area, 2) Assumed the roadway system as it exists presently or improvements that are programmed (widening of France Avenue between 70th and 77th Streets to six lanes, signalization of intersection of France Av/77th Street, extension of Minnesota Drive west to 77th St, metering of 1-494 ramps from Portland Av to TH 100, and improvements to the 1-494 interchange with Penn Av), 3) No reduction was taken for any travel demand management that would take place or any future transit trips; the trip generation rates assumed were those for isolated suburban developments. A reduction in traffic was taken to account for the mixture of land uses (multi-purpose trips). 4) All known or proposed developments in the area were taken into account. Results - Graphics were presented showing: 1) Impact area (key streets and intersections), 2) Hedberg site Phase I development and additional development, 3) Phase I trip generation - 582 inbound off-site PM peak hour trips - 891 outbound off-site PM peak hour trips. A capacity analysis of the street system showed that no major traffic operational problems would be expected by the year 1991 with the proposed increment of development and the programmed road improvements completed. 4) Full development of the Hedberg site - 1,400 inbound off-site PM peak hour trips - 2,524 outbound off-site PM peak hour trips, 5) Trip distribution and summary, 6) Location of developments in calculating background traffi.c, 7) Forecasts for approved development projects in the vicinity of the Hedberg site, 8) Preliminary 2010 PM peak hour intersection analysis illustrating a) intersections that will operate under capacity with programmed street improvements, b) intersections requiring minor widening, and c) intersections requiring further study (80th/France, north off-bound ramp from 1-494, 76th/Penn in Richfield, 66th/York). Analvsis to be Completed - Define specific improvements to the road system or a specific travel demand management program for managing traffic in the area; or define the impact of the proposed transit system to mitigate the traffic operational problems identified. conclusion, Mr. Wolsfeld stated that the ultimate transportation plan for the subject site will be very consistent with the objectives of what the 1-494 corridor communities are attempting to accomplish in terms of a transportation plan. He added that he did not think there will be an attempt to buy the way out of these problems with additional roadway capacity improvements but that there will probably be a combination of some roadway improvements, a traffic management plan for the site and probably for the entire area as well as an attempt to get some of the trips off the street system. illustrating the concept of the mixed use development and a comparison of development alternatives and related transportation impacts. graphic illustrating the open space, totaling 23.5 acres to be developed in phases along with the private development. The fast exhibit showed the Phase I development with a construction start in June of 1988: a) upgrading of France Avenue, 76th Street, Minnesota Drive and Parklawn; b) site grading; c) park , development; d) development of the central and southern portions of the pond; e) Site C housing; f) retail and health club; g) Site F-2 office, and h) possible multi-screen theatre. Mr. Jarvis concluded his comments with the request that the Council consider granting preliminary rezoning and preliminary plat approval for the subject property. This project contemplates the completion of that greenway all the way In Mr. Jarvis then presented a graphic Also shown was a Member Kelly then read the following statement: STATEMENT OF PEGGY KELLY ON THE HEDBERG PROPERTY DEVELOPMENT REGARDING PARTICIPATION IN DISCUSSIONS AND VOTING I I wish to make a statement concerning my possible conflict of interest regarding the development of the Hedberg property. 1015187 My husband, Michael Kelly, is president of The Center Companies. The Center Companies manages, but does not own, Southdale Shopping Center. It is possible that the Equitable Real Estate Group, on behalf of the owners of Southdale, may raise objections to the proposed development of the Hedberg property because of its traffic impact, densities, subsidies and failure to follow the comprehensive plan. through my husband's company, I believe that I can fairly, impartially and objectively fulfill my duties as a member of the Edina City Council, and as a Commissioner of the Edina HRA, in the discussions of, and the voting on, all aspects of the Hedberg development. Hedberg development proceedings in order to fulfill my responsibilities as an elected official. present law to disqualify myself from such discussions or votes. votes on the Hedberg development. developers and the public to know in advance of this possible conflict. Mayor Courtney then asked for questions or comments from the Council Members which are summarized as follows: Member Kelly - Commented that she is excited about the proposed project and that her questions/comments are to protect the interest of the City and to make sure that the project is a world class statement. 1) Concern that the rest of the community will be supporting the services that will be delivered to this property, 2) Who owns the land for the housing component?, 3) How long a pay-off is there on the land?, 4) Objects to the look of a 28-story building on Site B-1 and the variances requested, 5) Cost of acquiring the DeCourcy property, 6) Will a consultant be used to run the numbers for the project?, 7) Price of the land or the contract that the City will be assuming, and 8) Questions need for an adult park in southeast Edina and the need for affordable housing, and 9) Why the traffic study did not expand the area up to the Crosstown Highway. Manager Rosland said that estimated budgets have been developed for police/fire/park and recreation/maintenance services for the project and that those costs are expected to be covered. units on Sites C, A and E-lwill be sold as condominiums and will be owned by the ultimate buyers and would include the land as a part of ownership. explained that the contract presently calls for a buy-out over five years starting next June. run the numbers but that a consultant could be hired if the Council so directs. In reference to the need for an adult park, Mr. Jarvis said that the whole objective is not to duplicate but rather compliment those programmable opportunities that exist in Edinborough with what might exist in the proposed park. yet. the need for athletic fields in this part of Edina but do see a need for young and senior adult oriented activities. Mr. Wolsfeld said the traffic study included an area up to West 66th Street because the traffic has a series of alternate paths to the development. He added that the area can be expanded to add the traffic counts up to the Crosstown ramp intersections. Member Turner - Commented that she is excited about the possibilities here, that she is also obviously committed to the 1-494 Corridor Study report and that she would ask questions to try to mesh the two. the traffic study are not completed when Phase I of the project is ready. Responses: Mr. Wolsfeld responded that the responsible agencies were asked if the projects were programmed. Hennepin County said that the France Avenue widening and the signal at France/77th Street are programmed and it assumed they will be built. Urban Funds (FAUF). behind National Car for about 18 months already about right of way, etc. and the project should be on line. to implement the proposed traffic spine it would be necessary to obtain legislation to have the authority to operate and to charge or assess costs to benefitted property owners and that staff feels such legislation would be passed. Mr. Jarvis added that the traffic spine would not be needed until the later phases of the project are constructed. proposed project with a very positive standpoint even though he has some questions/comments. Asked if there was the possibility of including some higher scale housing for Edina empty nesters in order to get some circulation in City housing, 3) Thinks the transportation corridor could be a very exciting thing for all of commercial southeast Edina and that some consideration should be given to incorporating the hospital, the medical building, Cornelia Park and the Edina Art Center in the transit plan, 3) Opportunity to see what could be done in the area of recycling in this project; that the City should look at handling recycling for the project as we handle public utilities. project but that he had some issues/questions to discuss: 1) Asked what would be provided in the developer's agreement so that water level fluctuations in the ponds would not be a problem the City would inherit, 2) Would rather see a wider range of housing opportunities as part of the project, more towards the market Even if such objections are raised, and despite the connection with Southdale I also believe that I must participate in the I have been advised by the City Attorney that I am under no clear duty under Therefore, I do not intend to disqualify myself from the discussions on and But I do want the Council, the proposed I ! Responses: Attorney Erickson said that the housing Mr. Jarvis I1 Manager Rosland stated that we have a computer program with which to There was agreement conceptually on the park but it is not fully designed Those who have participated in the planning of the park to date don't see 1) Questioned what would happen if the four road improvements indicated in The Penn Av/I-494 interchange improvement was approved for Federal Aid Engineer Hoffman.commented staff has been working on the link Attorney Erickson commented that in order for the City _. i Member Smith - Commented that he comes at this 1) Looked at the overall mixed use as a positive step, 2) Member Richards - Commented that he supported the rate rl 1x1 10/5/87 ry end, 3) Commented that he thought more height 41 f the buildings would be desirable to give the project a uniqueness and different perspective, 4) Expressed concerns about the public aspect of the project; that the public features described will go to service this specific environment and not the broader community. Responses: Mr. Jarvis said the 10 acre lake will be lined with an impermeable liner so that water is not lost and to solve the evaporative problem it is expected that from time to time the water will have to be supplemented. exist on the site so that the water can be supplemented if needed. then focused on the contemplated park and said that it not really designed at this point and that final programming decisions have not been made. the proposed park design and pointed out some of the features and their locations, e.g. major outdoor tot lot and free form play area, island with picnicking, volleyball, possibly platform tennis, paths for walking, jogging and biking, marina for small boats that could be rented, shuffleboard, lawn bowling, horseshoes, ice skating, wild flower garden and north woods interpretative area. Shared parking is contemplated with easements to the City so that anyone using the park would have the right to park in any of the surface parking adjacent to the commercial or office uses. Continuing, Mr. Jarvis that the public improvements to the east-west collector streets will benefit a much larger area and will have sub-regional importance. Hennepin County is excited in that this project provides the opportunity to solve the France Avenue dilemma which has been programmed for years but could not be accomplished because the right of way was not available. With reference to the water component of the project, Mr. Jarvis said that this site has been looked upon for several years as a kind of final solution for storm water for this general area because of the capacity of the existing storm sewer pipes and would shave the peak runoff. Floating fountains are contemplated for all three ponds to help control algae problems by oxygenating the water. concluded by saying that the park is the structure around which the project is hung and that it is seen as a major park facility which is different in what now exists in the City. Following comments and questions by the Council, Mayor Courtney asked for public comment. Cyrus Rachie, 7500 York Avenue, said that 7500 York abuts the proposed development and is a cooperative with about 435 residents. consensus on the project but the majority of the residents favor the project. a member of the board and at the board's request he asked that the Council vote in favor of the rezoning of the Hedberg property. Scott T. Rex, 3330 Edinborough Way asked if the project contemplated the elimination of West 76th Street and what would be constructed just west of Edinborough village. West 76th Street would remain and would be constructed with a curve as shown on the Master Plan and that the Edinborough Phase I1 office building would be just west of them when constructed and for the subject development there would be housing, office and hotel. Rolf Engstrom 7615 Edinborough Way, commented that the second mortgages offered on Edinborough enabled him to move in and he thanked the City for that assistance. He said that with regard to traffic on West 76th Street he has problems now making a left turn during rush hour from Edinborough Way to westbound West 76th Street and that the traffic backs up at York Avenue. He asked if there would be a directional light at the intersection. asked the height of the housing and parking ramps. With regard to the traffic and signalization, Mr. Jarvis said the did not know yet what the actual design would be for the intersection mentioned and that a signal would be a function of warrants. any number of things as improvements get made to France Avenue in terms of how York Avenue ties across. With regard to height, Mr. Jarvis said the housing will be in the range of 2 - 4 stories just as at Edinborough with underground parking. The ramp for the office building as shown in the Master Plan would be a four level ramp, two levels of which would be depressed and two of which would be above grade. elevation as the Edinborough housing and they would drop very dramatically about 20 - 25 feet down to the water. Letters in support of the proposed development had been received from Constant Nasby and Viola Dale, both residents of 7500 York Avenue. from C. Theo. Skanse, 7500 York Avenue and from Carmen C. Weber, 7622 York Avenue. A letter from National Car Rental, 7700 France Avenue South, stated they opposed and urged that the City Council critically evaluate any proposed development which places an additional burden on France Avenue traffic. discussion about the questions and issues that had been raised by the Council, Member Smith moved to continue the hearing on the request of United Properties for rezoning and preliminary plat approval to a special meeting on October 12, 1981 at 7:OO p.m. so that the developers and the staff could provide additional information in response to the questions and issues raised and to give the Council members a chance to reflect on the information that has been presented on the proposed project. There are well permits that Mr. Jarvis He elaborated on He He said that he solicited input on the park design. These is not a As Mr. Jarvis explained that Mr. Engstrom also He added that traffic engineers will be looking at signal timing and The housing pads adjacent to Edinborough would be at about the same Letters of objection because of density and traffic had been received Following a lengthy Motion was seconded by Member Richards. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. *REVISED FINAL PLAT APPROVED FOR DEWEY HILL FIFTH ADDITION. Motion of Member Smith was seconded by Member Turner for adoption of the following resolution, 1015 I87 42 subject to the condition that the building encroachments will be handled by private easements: RESOLUTION APPROVING REVISION TO DESIEP HIU FIF'J!H ADDITION BE IT RESOLVED by the Edina City Council that it hereby approves the revision to the plat of DEWEY HIIL FIFTH ADDITION which vas granted final approval on October 21, 1985. Motion carried on rollcall vote, five ayes. *LOT DIVISION APPROVED FOR 7013 AND 7017 DUBLIN ROAD. Motion of Member Smith vas seconded by Member Turner for adoption of the following resolution RESOLUTION WHEREAS, the following described tracts of land constitute various separate parcels : West Parcel: Lot 2, Prospect Hills, except that part thereof lying Easterly of a line drawn from a point on the North line of said Lot distant 100 feet East of the northwest corner thereof to a point on the southerly line of said Lot distant 100 feet East, as measured along said Southerly line, from the southwest comer thereof, according to the recorded plat thereof; and East Parcel: That part of Lot 2, Prospect Hills which lies Easterly of a line drawn from a point on the North line of said Lot distant 100 feet East of the northwest comer thereof to a point on the southerly line of said Lot distant 100 feet East, as measured along said Southerly line, from the southwest comer thereof, according to the recorded plat thereof. WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called "Parcels") described as follows: West Parcel: That part of Lot 2, Prospect Hills which lies Westerly of a line drawn from a point on the North line of said Lot distant 112.10 feet East of the northwest comer thereof to a point on the Southerly line of said Lot distant 100 feet East, as measured along said southerly line, from the southwest comer thereof, according to the recorded plat thereof; and East Parcel: That part of Lot 2, Prospect Hills which lies Easterly of a line drawn from a point on the North line of said lot distant 112.10 feet East of the northwest comer thereof to a point on the southerly line of said Lot distant 100 feet East, as measured along said southerly line, from the southwest comer thereof, according to the recorded plat thereof. BHEREBS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 825; HOU, THEREFORE, it is hereby resolved by the City Council of the City-of Edina that the conveyance and ownership of said Parcels as separate Racts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 are hereby vaived to allov said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ' Motion carried on rollcall vote, five ayes. *HEARING DATE SET FOR VARIOUS PLANNING MATTERS. Motion of Member Smith vas seconded by Member Turner setting October 19, 1987 as the hearing date for the following Planning matters: 1) 2) 3) Preliminary Plat Approval - Hob Hill Mamie Development Inc. - Generally located north of West 78th Street and west of Glasgov Drive Final Development Plan for Cahill Townhouses - Ron Clark Construction - Generally located vest of Cahill Road and south of West 70th Street Comprehensive Plan Amendment - Outlot By Indian Hills Arrovbead Addition. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR SAFETY FENCE AT BRAEMAR GOLF COURSE. seconded by Member Turner for award of bid for a safety fence at Braemar Golf Course to recommended lov bidder, Anchor Fence, at $12,226.00. Motion carried on rollcall vote, five ayes. Motion of *Member Smith vas *BID AWARDED FOR PLAYGROUND EQUIPMENT FOR HEIGHTS PARK. was seconded by Member Turner for award of bid for playground equipment for Heights Park to recommended low bidder, Earl F. Anderson and Associates, at $11,871.00. Motion of Member Smith -Motion carried on rollcall vote, five ayes. 1015187 43 x m I m 5 *HEARING DATE SET FOR SOUND BARRIERS POLICY DISCUSSION. Motion of Member Smith was seconded by Member Turner setting November 2, 1987 as hearing date for sound barriers policy discussion. Motion carried on rollcall vote, five ayes. *1987 CONTRACT WITH HENNEPIN COUNTY FOR RECYCLING F'UNDING APPROVED. Motion of Member Smith was seconded by Member Turner for adoption of the following resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota that is hereby authorizes and directs the Mayor and Manager to execute Contract No. 70382 between the County of Hennepin and the City of Edina, for the period of January 1, 1987 through December 31, 1987 for the purpose of furnishing a Recycling/Compostbg Program in the City of Edina. Motion carried on rollcall vote, five ayes. *COMMUNICATIONS AND PETITIONS REGARDING FLOOD DAMAGE/STORM SEWER SYSTEM REFERRED TO ENGINEERING DEPARTMENT FOR REVIEW. Member Turner that the communications and petitions regarding flood damage/storm sewer system received from residents of Blake Road, Knoll Drive, Saxony Road and Jeffrey Lane, George J. Pratt, 6216 South Knoll Drive, and Duane and Annette Anderson, 6700 Ryan Avenue South be referred to the Engineering Department for review. Motion of Member Smith was seconded by Motion carried on rollcall vote, five ayes. *PETITION FOR SANITARY SEWER AND WATERMAIN EXTENSIONS FOR 6225 RYAN AVENUE REFERRED TO ENGINEERING DEPARTMENT FOR PROCESSING. Motion of Member Smith was seconded by Member Turner to refer the petition for sanitary sewer and watermain extensions for 6225 Ryan Avenue to the Engineering Department for processing. Motion carried rollcall vote, five ayes. *PETITION FOR SIDEWALK ON WEST 62ND STREET REFERRED TO ENGINEERING DEPARTMENT FOR PROCESSING. petition for sidewalk on West 62nd Street between France and Oaklawn Avenue, dated September 25, 1987 to the Engineering Department for processing. Motion of Member Smith was seconded by Member Turner to refer the Motion carried on rollcall vote, five ayes. CENTENNIAL PROJECTS FUNDING DISCUSSED. that any purchase in excess of $5,000.00 has to be approved by the Council is creating some problems for the Centennial Commission in that approval sometimes take 2-3 weeks before a check can be drawn. She said she felt that the persons working on the Centennial celebration should be given authority to make some of those decisions without having to come to the Council. that this is a requirement under State statute for expending public monies and that he would work with Dennis Maetzold, treasurer, to try to expedite the process. No action was taken. Member Kelly advised that the requirement Manager Rosland responded THANKS EXPRESSED FOR AMM GOLF OUTING. Member Turner expressed her thanks to Manager Rosland, John Valliere and the staff at Braemar Golf Course for the fine job they did in hosting the AMM golf event on Wednesday, September 30, 1987. COUNCIL SOUND SYSTEM DISCUSSED. Council meeting he had received phone calls from three individuals who had said they could not hear the Council speak and that it very frustrating to be in the audience and not hear what is being said. alternatives to the microphone and sound system to see if some improvement can be made. Manager Rosland commented that the present system works well if the individual microphones are turned on and that it is important for the Council Members to be heard, not only by the public but also for pick-up on the tape for the minutes. alternative mikes in for the Council to consider. Member Richards reported that since the last He suggested that we look at some Following some discussion, Manager Rosland said he would bring some COUNCIL REMINDED OF GOVERNANCE WORKSHOP ON OCTOBER 29. the Council Members of the Governance Workshop scheduled for Thursday, October 29 at the Edina Community Center in which all advisory boards and commissions members have been asked to participate. attend should let him know so that reservations can be made. Manager Rosland reminded He asked that the Council Members who plan to DRAFT OF MLC TAX BOOKLET PRESENTED. Manager Rosland presented copies of the draft tax booklet which the Municipal Legislative Commission (MLC) will use in following the Local Government Aid program and the various property tax systems. comparison of three communities using the new property tax system. feedback on the booklet which will be used in adopting the MLC's legislative program for 1988. It does a He asked for 6 REVISION OF 1988 BUDGET PRESENTED. was certified for a'total of $11,849,806 after the $108,000 in reductions which Manager Rosland recalled that the 1988 Budget the Council had approved. that the figures reflected the reductions as approved with the exception of He presented copies of the budget revisions commenting 1015187 44 several items. re-allocations which would provide some additional help for the Police and Administration Departments and would include the City’s share of the cost for the new Adaptive Recreational Program which will be a joint venture with the cities of Eden Prairie, Richfield and Bloomington. Recreational Program, it was agreed that a presentation should be made to the Council on the Program to address some of the concerns raised and that this issue should be brought back on November 2, 1987. Manager Rosland responded that staff would provide a presentation on the Adaptive Recreational Program and bring that issue back as requested. hearings she felt there were several issues that the Council should discuss: 1) Council salaries, 2) Council representation at the National League of Cities Meetings, 3) fees as a source of revenue, and 4) the actual budget process. It was informally agreed to also discuss these issues at the November 2 meeting. *RESOLUTION ADOPTED CANCELLING LEVY FOR 1988 ON $5.400.000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 1984. Motion of Member Smith was seconded by Member I He explained that he would like Council approval for the Following discussion on the Adaptive‘ Member Turner said that as a follow-up to the budget Turner for adoption of the following resolution: I RESOLUTION CANCELTJXG AD VALOREM TAXES COLTXCTIBLE WITH 1988 GENERAL PROPERTY TAXES LEXIED FOR $5.400.000 GENERBL OBLIGAYION IMPROVEMEXI! BONDS. SERIES 1984 I WHEREAS, the City Council of the City of Edina has, by resolution adopted September 10, 1984, levied a special ad valorem tax for the payment of principal and interest of its General Obligation Improvement Bonds, Series 1984; said ad valorem tax in the amount of $1,199,000 being collectible with and as a part of other general taxes for the year 1988; and WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said 1 I .I bond issue; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest; XOU, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those ad valorem tax levies made by resolution of this Council adopted September 10, 1984, and collectible with and as a part of other general property taxes in said City for the year 1988, be and hereby are cancelled; and BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be authorized and directed to cancel the above described ad valorem tax levies and to delete said levies fromtaxes to be spread for the year 1988. Motion carried on rollcall vote, five ayes. *RESOLUTION ADOPTED CANCELLING AD VALOREM TAXES COLLECTIBLE WITH 1988 GENERAL PROPERTY TAXES LEVIED FOR $2.200.000 GENERAL OBLIGATION REDEVELOPMENT BONDS. Hotion of Member Smith was seconded by Member Turner for adoption of the following resolution: RESOLUTION CANCICIJJNG AD VALOREM TAXES COLLECTIBLE WITH 1988 GENERAL PROPERTY TAXES LEVIED FOR $2.200.000 GENERBL OBLIGATION REDEVELOPHE” BONDS UHEREAS, the City Council of the City of Edina has, by resolution adopted November 3, 1975, levied a special ad valorem tax for the payment of principal and interest of its $2,200,000 General Obligation Redevelopment BorLds, said ad valorem tax in the amokt of $296,700 being collectible with and as a part of other general taxes for the year 1988; and VHEaEBS, Minnesota Statutes, Section 475.61, permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issue; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest; NOU, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those ad valorem tax levies made by resolution of this Council adopted November 3, 1975, and collectible with and as a part of other general property taxes in said City for the year 1988, be and hereby are cancelled; and BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, ZUnnesota, be authorized and directed to cancel the above described ad valorem tax levies and to delete said levies from taxes to be spread for the year 1988. Motion carried on rollcall vote, five ayes. *CLAIMS PAID. payment of the following claims as per pre-list dated 10/5/87: General Fund $168,515.67, Art Center $1,882.38, Capital Fund $166.00, Swimming Pool Fund $1.22, Golf Course Fund $4,168.67, Recreation Center Fund $4,453.54, Edinborough Park $5,141.53, Utility Fund $245,475.18, Liquor Dispensary Fund $886.03, Construction, Fund $16,516.95, Total $447,107.17. Motion carried on rollcall vote, five ayes. Motion of Member Smith was seconded by Member Turner to approve There being no further business on the Council Agenda, the meeting vas adjourned at 11:05 p-m. by motion of Member Smith, seconded by Member Turner and carried unanimously . 1 City Clerk