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HomeMy WebLinkAbout19880418_regularI40 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 18, 1988 Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney. CAPTAIN LEONARD KLEVEN COMMENDED. Kelven and stated that he began his employment with the City on January 1, 1969 and moved through the ranks in the Police Department to the position of Captain. Manager Rosland said that Captain Kleven was selected to attend the FBI National Academy and graduated upon completion of the intensive course of training offered at the Academy, having been on the deans's list. Captain Kleven and commended him for his outstanding performance in the Police Department. in appreciation. CONSENT AGENDA ITEMS ADOPTED. Member Kelly to approve and adopt the consent agenda items as presented. Manager Rosland introduced Captain Leonard Manager Rosland congratulated I Captain Kleven was presented with a silver pen bearing the City logo Members of the Council added their thanks and commendation. Motion was made by Member Smith and seconded by Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED ON SOUND WALLS/SIGHT BARRIERS - HIGHWAY 100 FROM WEST 50TH STREET TO NORTH CITY LIMITS. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Engineer Fran Hoffman stated that this will be an informational hearing with presentations from the neighborhood Task Force, the consulting engineers (Strgar-Roscoe-Fausch, Inc.) and staff on the effects of sound walls/sight barriers. involved in sound barriers as the implementing agency. received a petition from neighbors to consider constructing barriers. The Council responded by directing that a Task Force be appointed and a study be made on sound walls/sight barriers with the assistance of consulting engineers. Peter Fausch and Jim Kranig as the consultants. Impact Study as follows: identification of the study area, neighborhood noise issues, monitoring of noise levels, modeling of noise levels, mitigation alternatives, preliminary construction cost estimates of alternatives, and funding alternatives. Mr. Kranig explained that the standards used for the study were the State L10 noise standards (noise level exceeded during 10 percent of the monitored period) which for residential areas are a maximum of 65 decibels for daytime hours between 7:OO a.m. and 1O:OO p.m. and 55 decibels for nighttime hours between 1O:OO p.m. and 7:OO a.m. The Federal standard is a 24 hour standard at 70 decibels. Noise levels were monitored with the results indicating relatively high daytime L10 noise levels for homes which are within a few lots of bordering on Highway 100. standard for many of the sites within the study area. noise levels were 2 to 3 decibels lower than the daytime noise levels. presented graphics to explain how noise levels were modeled and to illustrate the noise level decibels for various areas within the study area. alternatives were investigated including wall heights of 10 feet and 15 feet above the pavement surface. He showed graphics of the peak daytime noise contours with 10 foot high and 15 foot high continuous walls. study area in compliance with the State daytime standards for either wall meaning that 60 to 70 houses would be brought into compliance. contours with 10 foot high continuous walls indicated that approximately 160 to 170 houses would continue to exceed the State nighttime standards even with the 10 He explained that currently the City has not been During 198'7 the City He introduced Mr. Kranig summarized the Noise Also, the nighttime noise levels were above or near the State L10 nighttime In all cases, the nighttime Mr. Kranig Mitigation The results showed all of the Peak nighttime noise i I I footwall. to exceed the State nighttime standard. costs for noise walls running along both sides of Highway 100 between West 50th Street and the northern City Limits are estimated at $625,000 for a 10 foot wall and $875,000 for a 15 foot wall. which the costs of the walls could be assessed to the benefiting properties. These range from a flat rate assessed to all of the properties defined as receiving benefits to a complex assessment based on benefits per decibel reduction. examined for assessing costs resulting in an average cost per house ranging from $3,200 to $18,900, depending on how benefit is defined. Cost per house would be much higher for houses along Highway 100 if costs are assessed based on decibel reductions. Mr. Kranig said that noise mitigation is not commonly done on existing roadways unless the noise levels are decreased by 5 to 10 decibels and that MNDOT requires a minimum of a 10 decibel reduction to ensure that the benefits are perceived by nearby residents to be worth the cost. identified a problem with truck impact noise at the Minnehaha Creek bridge. reported that the Task Force was mixed on whether noise walls should be constructed but was in general agreement that there should be property tax relief for those properties which are significantly impacted by Highway 100 traffic noise if no noise mitigation action is taken. Subsequent to the Noise Impact Study report to the Council on March 21, 1988, and in response to the questions raised as to highway noise throughout the City of Edina in general, Mr. Kranig said that they spot monitored fifteen sites. The results were that essentially every site was over standard with the exception of the area behind the noise walls on Highway With the 15 foot wall approximately 100 to 110 houses would continue Mr. Kranig said current construction As to funding, there are a number of ways in The study showed preliminary noise wall costs for the various methods I The study also He . 4/18/88 141 cu Ln Ln I: m a 100 just north of West 70th Street. checking were: 1) approximately 14 to 15 miles of noise walls would need to be constructed to bring these areas into compliance, 2) the walls along arterial streets would not be very effective because they could not be continuous because of intersections and driveways, 3) estimated cost of 14 miles of noise walls at 10 feet in height would be $8,000,000 to $lO,OOO,OOO, and 4) at least 10 miles of high volume local streets could not be mitigated effectively. Kranig's presentation, Engineer Hoffman said that one issue identified during the citywide noise assessment study made during the last few weeks was that this is a Council policy issue for the entire City rather than a neighborhood issue. Navarro reported for the Task Force advising that approximately 15 households were represented. He summarized the attitude of the Task Force as follows: 1) A small but vocal minority indicated that they were totally against the barrier for any reason or at any cost, 2) A small faction was not in favor or a sound barrier but felt it is best for the overall benefit of the community in retaining the integrity and value of the neighborhood area but were not in favor of costs being assessed to them, 3) The majority was in favor of a sound barrier, preferably the 15 foot height, and 4) Based upon the study and discussion, all agreed that there definitely is a problem that needs attention and correction. that the MNDOT report, an independent report and the consultant's report provide facts and information that show the area in question is in substantial excess of State requirements, that there is a problem that needs a corrective approach immediately. The Task Force felt that the traffic volume will only increase and failure to attempt to correct the problem today will only result in greater problems tomorrow, e.g. potential reduction of property values resulting in potential deterioration of the neighborhood. participating in the funding of sound barrier for these reasons: 1) To protect the tax base created by the valuation of homes in the area, and 2) In order to maintain the neighborhood flavor and atmosphere at a level of quality desired by the City for its citizens. home sales that do not seem to create parity between homes in the sound survey area and other homes in the neighborhood outside the survey area but showed a dramatic variance in prices and taxes, e.g. 20 - 30% variance. He pointed out that values of homes in the immediate area are not keeping up with the overall 7% increase in values experienced throughout the City. Although the Noise Impact Study indicated that property tax relief is an alternative, the Task Force believed that homeowners were not looking for tax relief but rather for an improvement of neighborhood quality of life and mitigation of the sound/sight issues. The Task Force felt that the noise barriers should be constructed to cover the area from West 50th to 44th Streets only which would eliminate approximately 700 linear feet reducing the estimated cost by approximately $125,000 to $150,000. unit for the base on which to spread the cost. The cost of construction could be further diluted if households were counted within such units over which to spread the assessment. The study showed that with a 15 foot sound barrier a substantial area would have a reduction of 5 decibels or greater. Force proposed: 1) That 50% of funds necessary to pay for the sound barriers be provided by the City, 2) The remaining 50% to be assessed to all homes, including single residences, rental properties, doubles, apartments and commercial properties that may benefit from the construction of sound barriers, and 3) Assessments to senior citizens on fixed incomes be structured on a deferral basis whereby no annual interest or principal is charged until such time as the home is sold or transferred to another beneficiary or heir. In conclusion, Mr. Navarro said that the overall recommendation of the Task Force was: 1) To proceed immediately to a public hearing, 2) Approval of construction of a 15 foot sound barrier between West 50th Street on the south and West 44th Street on the north with possible consideration of extension to the northerly City limits, subject to further discussion with interested residents in that area, and 3) Mitigation of the truck impact noise identified at the Minnehaha Creek bridge area and possibly at..the West 44th Street bridge area by City discussion with State officials to create positive results. On behalf of the Task Force, Mr. Navarro thanked the City officials for hearing the issues, concerns and spending the money for consultants with regard to the issue of sound barriers. Engineer Hoffman then presented the following options as developed by staff: 1) Develop an overall policy on long term noise abatement, 2) Propose legislation which deals with cooperative funding on abatement projects, and 3) If no general funding is available, develop projects if neighborhood is willing to fund projects. With regard to proposing legislation, he pointed out several factors to consider in drafting legislation for State funding assistance of noise mitigation. reported that from the numerous phone calls received during the past week on the issue of sound walls that those residents in the area of less than 65 decibels did not perceive the Highway 100 noise to be a problem, while those in the areas of 65 decibels and over felt the noise problem should be mitigated. Mayor Courtney thanked the Task Force members for their efforts, time and input in the Noise Impact Study. He then called for public comment. in opposition to construction of sound walls: E. Dudley Parsons, 4437 Brookside Terrace, who presented a petition signed by 78 residents in the study area asking that they be excluded from any assessment for sound walls; Amy Kelly, 5009 Edinbrook Lane; Les Kraus, 4375 Thielen Avenue; Jack Hodnett, 4824 W. Sunnyslope The summary and conclusions of the spot Following Mr. Tony Mr. Navarro said The City should consider Mr. Navarro presented an exhibit summary of several Double homes and apartments were considered as a single As to funding, the Task He The following individuals spoke 4/18/88 142 Road; Patrick Ellingsworth, 4382 Mackey Avenue, wh Dresented a D tition sign d by 7 other residents on Mackey Avenue in bpposition; John Bergan, 4804 Woodhill Way, who suggested that a blacktop overlay be considered; Kelsey Smith, 4801 W. 44th Street; Carrie Kohlmann, 5105 W. 48th Street; Leo Hughes, 5036 Edinbrook Lane; Bob McLane, 4527 Arden Avenue; Forest Richardson, 5004 Edinbrook Lane; and Robert Firth, 4817 West Sunnyslope Road. walls were: Steve Snyder, 4601 Sunnyside Road; Linda Eugster, 4909 Sunnyside Road; Richard Holetz, 4905 Sunnyside Road; Robert Hansen, 4820 West Sunnyslope Road; Bruce Christensen, 4900 Sunnyside Road; Robert Lund, 4904 Sunnyside Road; Margery Hane, 4920 East Sunnyslope Road; Sue Seckinger, 4912 Sunnyside Road; Robert and Andre De brey, 4502 Browndale Avenue; Margaret Francis, 4609 Cascade Lane; Steve Libby, 4612 Cascade Lane; Leslie Sedan, 4916 Sunnyside Road; and Sharon Bergen, 5101 W. 44th Street, who requested that the noise wall go beyond W. 44th Street. For the record, letters in opposition were received from Marjorie Ruedy, 5048 Edinbrook Lane; Jim and Laurie McWethy, 4383 Thielen Avenue; Mary Hartupee, 5016 Edinbrook Lane; Albert Heimbach, 5033 Edinbrook Lane; James J. Welna, 5139 W. 44th Street; David and Patti Bruflodt, 4837 Westbrook Lane; Jim and Anne Didtfeldt, 4905 Ridge Place; James and Betty Solberg, 5025 Edinbrook Lane. support were received from Susan Shore, 4505 North Avenue; Jack and Bonneigh Christy, 4828 West Sunnyslope Road; M. E. Bailey, 5004 Moore Avenue; Constance Abbott, 4605 Cascade Lane; Keith and Liz Keiler, 4604 Cascade Lane; and Peter Worthington, 4381 Thielen Avenue, if wall is terminated at W. 44th Street and at least 50% of cost is provided by City. Following public comment, Mayor Courtney asked for comments from the Council. Member Smith said that he is sympathetic but that this is not an issue of noise standards but one of responsibility. He stated that this problem is the responsibility of the Minnesota Department of Highways and that we should push for State funding because Highway 100 is not only used by residents of Edina but by vehicles from all over the region. would like to find out how many residents would favor a noise wall if they did not have to pay for it. if a noise wall were to be constructed. answers to several issues before she could make a decision: 1) property tax implication of the highway noise problem, 2) additional information on the other 14-15 sites in the City that exceed State noise standards in order to look at the whole City, 3) and how many people would be affected by the "look" of the wall. She added that we look at legislation for some of the funding and that in looking at estimated costs she did not perceive that there would be a tremendous improvement if noise walls were constructed, especially if they ended at West 44th Street. order to find the proper solution: 1) the truck impact noise identified as soon as possible, 2) Work on a long range noise reduction policy for the entire City, 3) Pursue legislation changes that would allow for State funding of sound barriers. As to legislation, she noted metro area and the entire State and that sound barriers would likely not have top priority. She also noted that there have been several examples in the City where private developers have built sound barriers for their developments. there is no reason why that can't go forward in any area of the City where those neighbors who feel strongly enough about sound barriers go through the process to make their own improvement. Member Richards commented that more hard data should be obtained on the issue of blacktopping as a means of noise reduction as to duration, cost and funding. He said that there is an inequity in that the State would fund sound barriers for new highway construction and that the City should fund barriers where there is no new construction. He suggested that this message, as well as the public turnout at this hearing, be communicated to our State legislators as well as Congressman Frenzel and Senators Durenberger and Boschwitz. Mayor Courtney said he would like to know which rows of houses, in relation to distance from the highway, would be affected by a noise wall for the better. He added that he agreed with comments of the Council that more information would be needed before a decision could be made. Richards moved that additional information on the following issues be brought back to the Council on June 20, 1988: 1) Impact on property values, 2) MNDOT repair of truck impact noise on Hinnehaha Creek bridge, 3) Noise reduction policy, 4) Legislation for State funding, 5) Neighborhood funding issue, 6) Blacktopping and 7) Hennepin County funding implications. Speaking in support of construction of sound I Letters in He said that he He also said that it would be difficult to agree on a design Member Kelly said that she would need I Member Turner agreed that several additional steps have to be taken in Staff should pursue the State to address that there are tremendous demands on a small pot for highway improvements in the 1 She said I Following more discussion, Member I Motion was seconded by Member Smith. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED: REZONING AND FINAL DEVELOPMENT PLAN FOR EXPANSION - 7100 FRANCE AVENUE SOUTH REFERRED BACK TO PLANNING COMMISSION. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Larsen presented the request for rezoning to Planned Commercial District, PCD-2, and approval of the Final Development Plan for 7100 France Avenue South. Adjacent uses to the north are the Collins Interiors building and the Amoco service station; to the south the Coldwell Banker real estate office; to the east of France Avenue is the greater Southdale commercial area; and to the west are smaller apartment buildings. Company building and is zoned Planned Office District, POD-1, with a gross floor area of approximately 27,000 square feet. Planner Craig The subject property is the two story Calhoun Realty The proponents have a purchase 4/18/88 143 agreement to acquire the property and are requesting approval to relocate their Room and Board furniture store to this location. not an allowed use in the Office District and are allowed only in the Commercial District. The Comprehensive Plan Land Use Map designates the property as Office and rezoning the property to Commercial District would require an amendment to the Comprehensive Plan. renovated inside and out. installation of a new roof, new surfaces and entrances. 6,000 square foot addition on the west side of the building. parking lot for the subject building is connected to the parking immediately to the south. between the lots would be created that would comply with Zoning Ordinance standards. parking lot and the parking lot for the apartment building immediately to the west. Two curb cuts onto France Avenue would be removed and the front area would be re-landscaped. Planner Larsen explained that, as a result of the France Avenue widening project to be constructed by Hennepin County, the parking spaces in front of the Collins Interiors building will be lost. To address that parking loss, the proponents have requested the vacation of Mavelle Drive between Sandell Avenue and France Avenue. The vacated street would provide additional parking for the subject site and also for the adjacent Collins Interior building with a net increase of 33 parking spaces. With regard to the land use issue, Planner Larsen said that the Comprehensive Plan in discussing Southeast Edina states the following policy: "Restrict the extension of retail commercial uses in the area. Prohibit any rezoning to commercial district of lands not now zoned commercial." France Avenue has been the traditional westerly limit of retail use in this area; the existing retail uses to the north pre-date modern zoning-ordinances and land use plans. rezoning and amending the Comprehensive Plan: 1) To allow furniture sales as a permitted principal use in the Planned Office District, provided certain locational criteria and performance standards are met, and 2) To allow furniture sales as a conditional use in the Planned Office District, subject to the same locational criteria and.performance standards applicable to the permitted principal use alternative. The proponents have identified three to four other sites in the City that would meet the proposed set of criteria for location of furniture sales. As to the traffic issue, Planner Larsen said that the proposed re-use of the property would reduce the number of p.m. peak hour trips generated by this site. parking required for other retail uses and requires one-half of the parking required for office use. Collins Interiors site to the north which is also owned by the proponents. For furniture sales it should have 72 parking spaces on site. Currently, there are approximately 34 and after the taking for the widening of France Avenue there will be 22 spaces. The proposal with the vacated street would allocate approximately 45 spaces to the Collins site; an improvement over what exists today for on-site parking. Given the floor areas of each building, the total parking that would be required would normally be 150 spaces. if both sites continue to be used as furniture stores. He said that the proponents have offered to enter into a proof of parking agreement. Development and Planning Commission considered the proposal at their meetings of March 2 and 30, 1988 and recommended that the proposal be denied. recommendation was based on the land use issue and their reluctance to vary from the policy in the Comprehensive Plan relative to restricting the enlargement of the areas used for retail purposes in Southeast Edina. Planner Larsen explained that if the Council's decision is to approve the proposal, staff would suggest the following actions: 1) Resolution amending the Comprehensive Plan to change the land use designation from Office to Commercial, 2) First reading of Ordinance No. 825-A23, rezoning from POD-1 Planned Office District to PCD-2 Planned Commercial District, and 3) Resolution approving Final Development Plan conditioned on: a) Proof of Parking Agreement covering both the Collins and the 7100 France Avenue sites, and b) Review of final plans for building materials and landscaping to occur concurrent with the second reading of the Zoning Ordinance amendment. If the Council wishes to grant approval by either alternative method offered by the proponents, the action would be First Reading of the Ordinance Amendment and approval of the Final Development Plan with the same conditions as listed above. Planner Larsen then introduced Robert Hoffman, representing the proponents. Mr. Hoffman stated that the proponents' preference would be to amend the text of the Office District in the Zoning Ordinance pursuant to certain criteria so that furniture sales could be a permitted use in the Office District. It is the opinion of the proponents that they could meet that criteria and there would therefore be restrictions on any subsequent commercial or retail use of the property other than the designated furniture sales use. City in the sense of a re-use if furnitures sales were no longer a viable use of the property. renovation of the building, additional landscaping to both buildings, reduction of' the p.m. peak traffic by 27%, the elimination of three curb cuts on France Avenue, and the improved parking according to Zoning Ordinance requirements. out that a new factor has emerged, e.g. the widening of France Avenue, which will Currently, furniture stores are Planner Larsen said that the existing building would be The exterior of the building would be improved by the There would also be a Presently, the That connection would be removed and a 10 foot wide landscape buffer A 10 foot wide landscape buffer is also proposed between the subject D cu Ln Ln The proponents have offered two approaches as an alternative to m a Parking for furniture sales require less than one-half of the Planner Larsen pointed out that the real problem is the I The combined plan would yield approximately 110 spaces. In staff's opinion the amount of parking proposed should be adequate The Community Their I This would protect the Mr. Hoffman said that the advantages of the project would be the He pointed 4/18/88 result in the loss of 15 park,,ig spaces on the ins site w th potential residual damages for the use of-that site. seriously consider the proposal, even though the Planning Commission recommended denial. He said the proponents feel that they have provided a method to restrict the proposed retail use and that the proposal would create a less intense use of the site than now exists. Martha Gabbert, proponent, then explained the proposed plans for the building at 7100 France Avenue and also the improvements planned for the Collins building. The proposal is to improve the 7100 France Avenue building in a similar fashion as the Collins building for furniture sales use. proposal would be an improvement to the neighborhood in terms of aesthetics and traffic and would help mitigate the damage to the Collins property created by the widening of France Avenue. vacate Mavelle Avenue between France and Sandell Avenues. Ms. Gabbert then Mr. Hoffman asked the Council to The She added that the proposal also includes a request to explained the proposed landscaping and lighting for the subject site, noting that a garden is planned along France Avenue. exterior of the building, the interior would be opened up, brought up to code, sprinklered and handicapped facilities would be provided. Ms. Gabbert stated that at the March 21, 1988 Council Meeting they learned of the impact the widening of France Avenue will have on the 7100 France Avenue property. they learned that the Collins property would lose 36% of its parking - a significant effect on the business as well as the value of the property. negative impact of the County's project can be mitigated by the approval of the plan for the site. be an improvement to the neighborhood both in terms of parking and traffic issues in addition to recovering the parking lost. traffic improvements by elimination of three curb cuts along France Avenue. landscape separation on the south side of the subject site would divide the shared parking lot and would prevent motorists from using that as a shortcut. Ms. Gabbert said that their traffic engineers expect a reduction of 27% in trips generated by the re-use. In conclusion, Ms. Gabbert said that this proposal provides the City with a number of opportunities: 1) To greatly enhance the 7100 France Avenue property, 2) To reduce the p.m. peak traffic generated by the site and to affect a conflict reduction by the elimination of three curb cuts on France Avenue, and 3) By approval the City can mitigate the effects the widening of France would have on the Collins property. were: Carl Blomgren, 7000 Sandell Avenue; Angus Grant, 7000 Sandell Avenue; Jan Ebbert, owner of apartment house behind Collins; Lois Thornton, owner of Edina Business Service at 7100 France Avenue; Charles Sattler, 7101 Lynmar Lane; and Cornel1 Kissell, 7012 Lynmar Lane. Letters of objection were received from Kopple Hallock, 7101 Lynmar Lane and Alfred Cheese, 7101 Lynmar Lane. Member Kelly asked if in anticipation of the widening of France Avenue the City would propose to vacate Mavelle Drive. Engineer Hoffman said that the answer was no; however, because the proposal for 7100 France Avenue and the widening of France Avenue are co-occurring, he said that the project should be considered in the context of the overall activity surrounding the area. Member Richards said that he had a difficult time in looking at Collins Interiors and the service station and distinguishing those uses as different from what is proposed here. There is a buffer here that makes it a better use of the property with the orientation to the east and not to the west; that it is a compatible use with what is on the west side of France Avenue. Given the increased landscaping and parking proposed, and by trying to keep the traffic on France and West 70th Street rather than on the internal streets in area, he said he supported what is proposed for the site. Member Turner commented that there are many appealing benefits of the-proposal, e.g. landscaping, improvements to the building and solution to the parking. She added that for her the land use question is the issue and that a rezoning would be inconsistent with the Comprehensive Plan policy for the Southeast Edina area. Alternatives suggested instead of rezoning would leave the City open to other proposals which could not be controlled. Member Turner stated that the basis behind the Comprehensive Plan policy about restricting and concentrating retail commercial use has to do with the concern about conflicting land use, traffic, and impacting high quality residential areas. retail use and increased truck traffic are all parts of what the City was trying to avoid in the Comprehensive Plan and, therefore, she would oppose the project. Member Smith commented that he looked at the proposed landscaping on France Avenue as moving what he perceived to be the entry into the neighborhood to the west where the parking is located. Also, because of the extended retail hours on Saturday and Sunday he did not see this as an improvement and could not support the project in the present form. can be worked out to address the concerns expressed by the neighborhood and that there are enough issues that need to be resolved before he would be in favor of the proposal. Member Richards argued that the county is going to upgrade France Avenue and dramatically impact this area, that the additional trees will enhance the site, and that everything that is proposed will lessen the impact to the west. As to the concern about truck traffic, the intent of the proposed traffic circulation would require trucks to enter the site from France Avenue. that.there is a chance now to find a solution to the impact of the France Avenue widening on the affected properties. Member Kelly commented that the project as proposed is an attractive use of the space, it reduces the number of curb cuts on France Avenue, it solves the parking problem at the Collins building site and as a In addition to the upgrading of the More importantly, The The proponents feel that the vacation of Mavelle Drive could The proposal would also result in The Speaking in objection to the proposal In this case, the longer hours of He suggested that there may be some things that He said 4/18/88 145 I cu m m I: m a combined project has real value. However, she said as she listened to the concerns of the neighborhood and the impact of a seven-day operation she was uncomfortable in amending the Comprehensive Plan for retail use and in rezoning to the Commercial District. the protection of the neighborhood in the surrounding area. If the proponents can work with the neighbors and ensure the protection of their environment she said she would listen to that. Following further discussion, Member Kelly moved that the request for rezoning and Final Development Plan for expansion of 7100 France Avenue South be referred back to the Community Development and Planning Commission to allow time for the proponents to work on the proposal to address the issues raised by the neighborhood. Motion was seconded by Member Richards. She added that the Comprehensive Plan was designed for Rollcall : Ayes: Kelly, Richards, Smith, Courtney Nays: T'urner Motion carried. FINAL REZONING TO R-2 DOUBLE DWELLING UNIT DISTRICT AND FINAL PLAT APPROVED FOR SHADOW HILL (ROBERT HANSON). Planner Larsen recalled that the Council at its meeting of November 16, 1987 gave preliminary rezoning to R-2 Double Dwelling Unit District and preliminary plat approval for a development proposed by Landmark Home Corporation, generally located north of the Crosstown Highway and north and east of Vernon Court. agreement and the property has reverted to its owner, Robert Hanson, who has decided to continue with the Landmark proposal. dwelling unit lots that range in size from 21,800 square feet to 26,100 square feet in size, average approximately 130 feet in width and range from 160 to 200 feet in lot depth. All of the proposed lots exceed Ordinance requirements as to lot width and lot area. from preliminary approval except that the outlot proposed as parkland dedication along the northerly boundary of the property has been removed. payments for taxes and special assessments are delinquent on this property. Staff would recommend final rezoning and final plat approval subject to: 1) payment of a subdivision dedication fee based on a land value of $250,000, 2) evidence by the owner that he has regained title to the' property, and 3) proof that payments for taxes and special assessments are made current before release of the plat. comment or objection being heard, Member Richards moved final rezoning to R-2 Double Dwelling Unit District and final plat approval, subject to: 1) Payment of a subdivision dedication fee of $20,000.00, 2) Evidence by the owner that he has regained title to the property, and 3) Proof that payments for taxes and special assessments are made current, with Second Reading of the ordinance and adoption of the resolution as follows: Since then Landmark Home Corporation has dropped its purchase That proposal was for five double Planner Larsen advised that the proposal is unchanged He explained that No ORDINANCE NO. 825-821 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY REZONING PROPERTY TO R-2 DOUBLE DUFXLING UNIT DISTRICT FROM PRD-2 PLBNNED RESIDENCE DISTRICT (PRD-2) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: the following thereto: Section 1. "The extent of the Double Dwelling Unit District (R-2) is enlarged by the addition of the following property: That part of the Northeast Quarter of the Northwest Quarter of Section 6, Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter; thence South along the West line of said Northeast Quarter of the Northwest Quarter a distance of 709.1 feet more or less to a point which is distant 814.5 feet North of the Southwest comer of said Northeast Quarter of the Northwest Quarter; thence Easterly on a deflection angle to the left of 87 degrees 40 minutes a distance of 676.3 feet; thence North parallel with the West line of said Northeast Quarter of the Northwest Quarter to the North line of said Northeast Quarter of the Northwest Quarter; thence West along said North line to the point of beginning, which lies Northeasterly of the Northerly line of County Road No. 62. The extent of the PRD-2 Planned Residence District is reduced by removing the property described above from the PRD-2 District." Sec. 2. publication. Section 6 of Ordinance No. 825 of the City is amended by adding . This ordinance shall be in full force and effect upon its passage and ATTEST : RESOLUTION APPROVING FINAL PLAT FOR SHADOW HI= BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that Hanson, husband and wife, and presented at the regular meeting of the City Council of April 18, 1988, be and is hereby granted final plat approval. Motion for final rezoning and final plat approval was seconded by Member Turner. ,.certain plat entitled "SHADOW HILTS", platted by Robert E. Hanson and Suzanne F. 4/18/88 146 Rollcall : Ayes: Richards, Smith, Turner, Courtney Nays: Kelly Ordinance and resolution adopted. HEDBERG FINAL ENVIRONMENT IMPACT STATEMENT APPROVED AS TO ADEQUACY: AGREEMENT WITH BLOOMINGTON AND SOUTH EDINA DEVELOPMENT CORPORATION APPROVED AND AUTHORIZED. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Larsen advised that the public hearing on the Final Environment Impact Statement (EIS) for the Hedberg property and the Adequacy Decision by the Council is the final step in the EIS process. the Environmental Quality Board Monitor and in the Edina Sun-Current. that representatives of BRW, Inc. and the development team were present to respond to questions. adequacy are as follows. 1) The EIS analyzes all the issues raised in scoping for which information can be reasonably obtained. sufficient to allow informed decisions on the governmental permits in questions, in particular about choices among alternatives and about mitigative measures. 2) The EIS provides responses to all substantive comments on the DRAFT EIS for issues raised in scoping. 3) The procedures prescribed by the rules have been followed. Staff would recommend a resolution by the Council finding the EIS to be adequate. Member Turner said that she had received several calls asking about the impact of the Hedberg project on the traffic using West 70th Street west of France Avenue. Peter Jarvis, BRW, responded that they tried to be consistent with the long standing City policy to discourage through traffic from using West 70th Street to approach the Hedberg property. Dick Wolsfeld, BRW, explained that the Draft EIS showed West 70th Street as having 2% of the total traffic fromthe development or approximately 600 trips per day. additional police/fire service that will be needed for the development and, though it was mentioned briefly in the EIS, there should be more discussion on the need for additional public safety services, how it will be handled and who will pay for those services. development also needs to be addressed. Peter Jarvis said that source separation for recycling needs to be taken into consideration in the building design for the development. No further comment being heard, Member Smith moved adoption of the following resolution: RIEREAS, the City Council of Edina, Minnesota at its Regular Meetlng of April 18, 1988 has reviewed the Final Environment Impact Statement (EIS) for the United Properties Hedberg Site Development Proposal; BE IT RESOLVED that the Council has determined the EIS to be adequate and hereby Notices of the hearing were published in I He said Planner Larsen explained that the-standards for a decision of The depth of analysis should be Member Kelly commented on the issue of Member Smith commented that the issue for recycling for the Member Kelly concurred that the recycling issue must be resolved. RESOLUTION I approves same. Motion for adoption of the resolution was seconded by Member Turner. of the Adequacy Decision, Member Turner commented that the proponents and the City have done an excellent job on the EIS. particularly to the traffic area. e.g. bus routes, transit way, TDM measures, TMO ordinance, various road improvements and the timing/implementation of those improvements. scope of the project and the fact that it essentially uses up the traffic capacity in the Southeast Edina area, Member Turner said it was important that the City proceed promptly with the traffic management ordinance, that we support the 1-494 Corridor Commission and in looking at travel demand management on a corridor-wide basis that we proceed with the next item on our agenda in terms of an agreement on trips. These steps will be in keeping with the spirit of the 1-494 Corridor Traffic Study, this being the first major development to come forward. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. In support They have taken a,positive approach The Final EIS addresses the transit questions, Because of the 1 Manager Rosland then directed the Council's attention to the proposed agreement with the City of Bloomington, the City of Edina and South Edina Development Corporation (the entity created by United Properties for the Hedberg Project) concerning the Hedberg Project. very closely the Homart settlement agreement, particularly as it relates to establishing a maximum trip limitation for a portion of the project. agreement is acceptable to the Hedberg Project developers. staff have reviewed the agreement and have found it generally acceptable. agreement will be considered by the Bloomington City Council at its April 25, 1988 meeting. adoption of the following resolution and that staff be authorized to continue to reaffirm all previous agreements with the parties affected: He advised that the proposed agreement tracts I The proposed The City of Bloomington . Staff would recommend approval of the agreement. Member Turner moved RESOLUTION APPROVING AGREEUNT UITE BLOOMINGTON EDINA AND SOUTH EDINA DEVELOm CORPORATION BE IT RESOLVED by the City Council of the City of Edina, Hinnesota, that it hereby approves the Agreement between the City of Bloomington, the City of Edina and South Edina Development Corporation regarding the Hedberg Project as presented: BE IT.FURTHER RESOLVED that the Mayor and Manager are hereby authorized and directed to execute the agreement on behalf of the City. Motion for adoption of the resolution was seconded by Member Richards. 4/18/88 14'7 . Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. ORDINANCE NO. 102 (LIMITING TERMS ON BOARDS/COMMISSIONS) GRANTED FIRST READING. Manager Rosland advised that the draft ordinance limiting terms on boards and commissions has been modified to provide for a January 1, 1990 effective date. The proposed ordinance has been sent to all members of all boards and commissions and they were also informed that the ordinance amendment would be considered on April 18, 1988. Comments have been received from members of two boards. No public comment being heard, Member Turner moved First Reading of Ordinance No. 102 as follows: ORDINANCE NO. 102 AN ORDINANCE LIMITING TERMS OF SERVICE OF INDIVIDUALS APPOINTED BY THE CITY COUNCIL TO BOARD, COMMISSIONS OR COMMITTEES THE CITY COUNCIL OF TIB CITY OF EDINA, MNNESOTA, ORDAINS: by the City Council to any board, commission, committee or any other advisory of legislative body if he or she has served on that board, commission or committee for a cumulative period of twelve or more years (whether or not consecutive). Edina who by virtue of their employment with the City are appointed by the City Council to boards, commissions and committees shall be exempt from the provisions of this ordinance. error or inadvertence in violation of this ordinance shall yet be deemed validly appointed and all action taken by such person in the position to which he or she is appointed shall be valid, but such person may be discharged and a new appointment or reappointment made at the pleasure of the Council. Motion for First Reading of the ordinance was seconded by Member Smith. Section 1. Limitation on Tenure. No person shall be appointed or reappointed Sec. 2. Exceptions. Members of the City Council and employees of the City of Sec. 3. Valid Atmointment. Any person who is appointed or reappointed in Sec. 4. This ordinance shall be in full force and effect on January 1, 1990. Rollcall : Ayes: Kelly, Smith, Turner Nays: Richards, Courtney First Reading granted. CONCERN EXPRESSED CONCERNING BLAKE ROAD. Dr. Paul Carson, 6000 Pine Grove Road, expressed his concern regarding widening the section of Blake Road from Interlachen Boulevard to Vernon Avenue. He said this is one of the most picturesque roads in Edina and has always been a "country" road. you widen the road traffic will go faster, it will lose its aesthetics and as to safety for children there is enough room to make a pathway on the grass. that the City get the people involved that live on Blake Road to get their opinions as to whether or not the road should be widened. explained that the recent surveying work observed by Dr. Carson involved looking at the pond at Knoll and South Knoll Drives because of the flooding last summer. There are some residents at the south end of Blake Road who would like to see a walkway down to Bredesen Park and others at the north end who also wanted walkways. He said that walkways would be very difficult north of Pine Grove Road and that the survey crews were out collecting field data as to right of way, etc. The Engineering Department would then analyze the information to determine what, if anything, should be done in the South Knoll area and how it would be funded. He said that if He asked Engineer Hoffman cu Ln Ln I m a *AWAR.D OF BID FOR PUMP AND WELL RENOVATION (DEEP WELL #lo) CONTINUED TO 5/2/88. Motion was made by Member Smith and seconded by Member Kelly to continue the award of bid for pump and well renovation for deep well #10 to May 2, 1988. Motion carried on rollcall vote, five ayes. TRAFFIC SAFETY MINUTES OF APRIL 14. 1988 APPROVED. motion of Member Smith was seconded by Member Kelly to approve the following recommended action listed in Section A of the Traffic Safety Committee Minutes of April 14, 1988: 1) That a trial period of September/October 1988 be set aside for parking on the north side of West 50th Street east of Edina Court to Maple Road on Sundays only, from 1O:OO A.M. to 12:30 P.M., but that no changes be made for additional parking on Edina Court,. 2) That double yellow lines be painted in the areas of the S-curves on Barrie Road and that "NO PARKING BNPTIME" signs be placed a length of 100' in the S-curve area, and to acknowledge Sections B and C of the Minutes. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. No discussion being heard, COUNCIL FOLLOW-UP SESSION WITH FACILITATOR DISCUSSED. she had discussed with Barbara Arney, facilitator for the Strategic Planning Retreat, the possibility of conducting a follow-up session with the Council Members. on four different dates. Member Turner reported that The fee would be $400/500 and Ms. Arney has indicated her availability The follow-up session was informally approved and the 4/18/88 Council Members agreed to chec, their calendars and to make their preference known as to date prior to the next meeting when the date would be confirmed. MANAGER REPORT GIVEN ON BRAEMAR PARK FACILITIES. report on a study regarding proposed improvements to Braemar Park facilities summarized as follows. Building (Replace A-Frame) $150,000, Parking Lot (535 spaces) $275,000, Golf Car Shelter $50,000, New Golf Cars (20) $50,000, Clubhouse Energy Upgrade $25,000 for a total golf course expenditure of $1,450,000. built in the southern part of Braemar Park to meet the ever-increasing demand for more golf. In addition, the recommendation is to construct a new building for the driving range and Executive Course, as well as upgrading the parking lot, buying additional golf cars and upgrading the roof to be more energy efficient on the old portion of the Clubhouse. A very key part of this financial proposal is to purchase the Golf Dome as the cash flow will basically pickup the bond cost of Braemar Arena. $1,500,000. system and rink floor, 2) Add four locker rooms and permanent seating, and 3) Construct a small center core building that would connect the two rinks for better traffic control and management. Manager Rosland explained that the recommendation is to sell $3,525,000 of bonds to do the projects. revenue and expense detail of the various Braemar Park facilities that indicated the projects are feasible. Figures used were actual 1987 and proposed build out. A major question which should also be discussed and answered is whether to bank depreciation. included in the revenue and expense figures. can carry its own bonded indebtedness and operating expenses. this energy upgrade, could probably carry its operating expenses at a break-even point but probably cannot carry its bonds. great deal of bonded indebtedness because its cash flow is strong. Rosland said that the feasibility study prepared by Delano Erickson Architects of the Braemar Sports Complex also illustrated provision for a future gymnastics facility. it would be self-sustaining. As to staffing, Manager Rosland said that it is anticipated we will use the arena staff to work the park outside of the golf road to maintain some flexibility through the park and to free up Park and Recreation crews to spend more time in other City parks. the staff a balance can be achieved between the golf course, golf dome and the arena for staffing and maintenance. have a problem in that action must be taken regarding the pavilion because the refrigeration system is totally non-operational. Action recommended would be: 1) Authorization that specifications be prepared and that bids be taken for the pavilion refrigeration system, and 2) Authorization that specifications be prepared and that bids be taken for the renovation of the pavilion building. Approximately six weeks will be required to prepare the specifications for the refrigeration system and during that time the proposal could be referred to the Park Board for their recommendation and it could then be debated by the Council. Manager Rosland said that the only money that would be at risk would be the engineer's fees for the specifications if the projects do not go forward. Member Smith commented that he would support the upgrading of the pavilion refrigeration system so that the pavilion will be operational again and then make decisions as to the other proposed projects. issues and that we should first get the recommendation of the Park Board and input from the Hockey Association as to their participation. Ed Hawat, representing the Edina Hockey Association, spoke in support of the pavilion project and said that the association stands ready to facilitate the project. He added that most of the objectives of the hockey program in Edina will not be achieved if ice surfaces are reduced to only one. Roger Harrold, member of the Golf Committee, commented that the demand for golf at Braemar is enormous and spoke in support of the proposed new nine hole course. Following discussion, it was informally agreed that an estimate of the engineer's fee for preparing specifications be obtained and brought back to the Council on May 2, 1988 and that the proposed Braemar Park facilities be referred to the Park Board, the Hockey Association and the Park and Recreation Task Force for their recommendation. *PETITIONS FOR PUBLIC IMPROVEMENTS REFERRED TO ENGINEERING DEPARTMENT FOR PROCESSING. the following petitions for public improvements to the Engineering Department for processing: 1) 2) Sidewalk - U. 66th Street, west of Highway 100, 3) 4) Manager Rosland presented a Golf Course - New Nine Hole Course at $900,000, New The nine-hole course could be I Golf Dome - Purchase Dome $575,000. Arena - Renovation of Pavilion Improvements would include: 1) Upgrade of the Pavilion refrigeration He reviewed the projected Depreciation of all Braemar facilities over a period of 30 years is He pointed out that the Golf Course The Arena, through However, the Golf Dome can carry a Manager It is felt if a gymnastics facility is constructed in the future that It is felt that by a combination of I In conclusion, Manager Rosland said that we I 1 1 I Member Richards commented that these are major f I I Motion vas made by Member Smith and seconded by Member Kelly to refer Permanent Street with Curb and Gutter - Indian Hills West Addition, Sidewalk - IT. 70th Street from West Shore Drive to Highway 100, Divert Storm Sewer Runoff - Residents of Philbrook Lane and Woodcrest Drive. Motion carried on rollcall vote, five ayes. CITY POLICY REGARDING RESTORATION OF STREETS AFTER UTILITIES INSTALLATION QUESTIONED. of street after utilities are installed. Member Smith asked what the City policy is with regard to restoration Engineer Hoffman responded that the City 4/18/88 149 . requires that utility companies restore the street flush with the surrounding surface when the project is finished. PUBLIC HEARING CONDUCTED ON BOND REFUNDING. public hearing was conducted on a proposed issuance by the City of Edina, Minnesota, of General Obligation Tax Increment Bonds, Series 1985. Manager Rosland explained that the proposal is that the City issue its general obligation tax increment refunding bonds (the Refunding Bonds), in order to refund in advance of their maturity'all or a portion of the City's General Obligation Tax Increment Bonds, Series 1985, dated September 1, 1985, in the aggregate principal amount of $12,000,000 (the Series 1985 Bonds). the Refunding Bonds is $13,200,000. The Series 1985 Bonds were used to finance a portion of the HRA's costs relating to the Edinborough project. The Bonds mature from 1989 through 2006 and bear interest at rates ranging from 6.5% for Bonds maturing in 1989 to 9.0% for Bonds maturing in 2006. Bonds is approximately 8.9%. ($9,700,000 of the principal amount) are callable for redemption at the option of the City on January 1, 1996. rates, the City could issue a series of advance refunding bonds to refund all or a portion of the Bonds and thereby realize substantial debt service savings. debt service savings could be used to finance other projects in the Southeast Edina Redevelopment Area or would result in the termination of the Southeast Edina Tax Increment District earlier than would otherwise be the case. No public comment was heard and none had been received prior hereto. Manager Rosland stated that following the public hearing and in accordance with prior direction by the Council the refunding bonds would not be sold unless there would be a debt service savings of at least $400,000. Attorney Erickson explained that the public hearing is the step necessary for the Council to make a decision on selling refunding bonds at some future date. purpose of the public hearing is to receive public comment and that no action is required of the Council at this time. Pursuant to due notice given, a The maximum aggregate principal amount of The net interest rate on the The Bonds maturing in 1997 and thereafter Manager Rosland explained that with lower interest I The N Lo Lo 1 In response to questions raised by the Council, The a a *CLAIMS PAID. approve payment of the following claims as per pre-list dated April 4, 1988: General Fund $135,165.02, Art Center $4,436.88, Capital Fund $3,462.38, Swimming Pool Fund $478.45, Golf Course Fund $16,657.69, Recreation Center Fund $5,394.66, Gun Range Fund $5,394.66, Gun Range Fund $42.32, Edinborough Park $10,437.41, Utility Fund $14,148.68, Liquor Dispensary Fund $69,893.91, Construction Fund $40,195.73, Total $300,313.13; and for confirmation of payment of claims dated 3/31/88: General Fund $131,383.72, Golf Course Fund $1,124.22, Recreation Center Fund $2,221.31, Liquor Dispensary Fund $246,617.38, Total $381,346.63. Motion carried by rollcall vote, five ayes. Motion was made by Member Smith and seconded by Member Kelly to h I There being no further business on the Council Agenda, Mayor Courtney declared the meeting adjourned at 12:30 p.m.