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l4INUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY €?AIL
APRIL 17, 1989
The meeting was called to order by Mayor Richards at 7:OO p.m.
ROUCAIL Answering rollcall were Members Paulus, Rice, Smith and Richards.
Member Kelly entered the meeting at 7:05 p.m.
DISABILITY AWARENESS WEEK PROCLAIMED
Member Paulus for adoption of the following resolution:
WHEREAS, a significant effort is being made Statewide to eliminate barriers for
disabled persons in the areas of employment, housing, transportation, education,
and public accommodations; and
WHEREAS, many individuals with disabilities are living independently in our
community and participating in community activities such as community education
and recreation; and
WHEREAS, both city officials and school administrators desire public awareness as
to the issues and concerns facing disabled persons; and
WHEREAS, residents of our community need to become more aware, not only of the
limitations disabled persons have, but also of their talents and abilities; and
WHEREAS, the Governor of the State of Minnesota, and each of the South Hennepin-
communities, are proclaiming Disability Awareness Week in recognition of the
contributions disabled individuals make within the State and the communities in
which they live;
NOW, THEREFORE, I, Frederick S. Richards, Mayor of the City of Edina do hereby
proclaim the week of April 24-30, 1989 as
in Edina. Further, I urge all residents of our City to be more open and attentive
to the needs and abilities of persons with disabilities.
Motion was adopted unanimously.
the Edina Advisory Committee and introduced members who were present. She noted
that this is the first anniversary of the Edina Adaptive Recreation Program which
gives children with disabilities the chance to participate with other children..
She said that the Program is of benefit to the whole community.
Motion of Member Smith was seconded by
PROCLAMATION - DISABILITY AWARENESS WEEK
DISABILITY AWARENESS WEEK
Mary Jean Coates expressed the appreciation of
CONSENT AGENDA ITEMS ADOPTED
Member Smith to approve and adopt the consent agenda items as presented, with the
exception of the removal of items IV.C and V.D.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Motion was made by Member Paulus and was seconded by
*MINUTES OF "HE REGULAR MEETINGS OF JANUARY 17. FEBRUARY 6 AND FEBRUARY 21 AND
JOINT HRA/COUNCIL MEETING OF FEBRUARY 21, 1989 APPROVED
Paulus and was seconded by Member Smith to approve the minutes of the regular
meetings of January 17, February 6 and February 21 and the joint BRA/Council
Meeting of February 21, 1989.
Motion was made by Member
Motion carried on rollcall vote, five ayes.
PUBLIC HEXRING CONDUCTED ON PERMANENT STREET SURFACING WITH CONCRETE CURB h GUTTER
IMPROVEMENTS AUTHORIZED
placed on file.
action taken as hereinafter set forth: -
A. PE€"ENT STREET SURFACING WITH CONCRETE CURB & GUTTER AND SIDEWALK
AND S1DEWAT.K IMPROVEMENT NO. P-BA-283 AND STORM SEWER IMPROVEMENT NO. P-STS-190;
Affidavits of Notice were presented by Clerk and ordered
Pursuant to due notice given, a public hearing was conducted and
IMPROVEMENT NO. P-BA-283 IN THE FOLLOWING:
Blake Road from Vernon Avenue to Pine Grove Road
Blake Road from Vernon Avenue to Pine Grove Road
B. STORM SEWER IMPROVEMENT NO. P-STS-190 IN THE FOLLOWING:
15 4/17/89 8
Engineer Fran Hoffman stated that the proposed project was developed as a result
survey and would consist of:
.of a petition for additional storm sewer systems and results of a neighborhood
Replacing the existing street with a new street with curb and gutter at
a 32-foot width - face of curb to face of curb.
Installation of storm sewer system from Pine Grove Road to Vernon Avenue
along Blake Road.
potentials by moving storm water from private to public areas.)
Elimination of on-street parking to allow street to be constructed at
%!-foot standard consistent with State standards for state aid funding..
Consideration of installation of sidewalks per City comprehensive plan to
improve pedestrian access along City collector streets. Estimated cost
includes a sidewalk on the west side of Blake Road from Vernon Avenue to
South Knoll Drive.
(Consistent with City policy to attempt to lower flood
The approximately cost of the improvements are estimated by Hennepin County and
the City at $889,982.57. The proposed project is to be built in 1989 and to be
funded by storm sewer utility funds ($350,000), municipal gas tax funds ($489,000)
and with $51,000.00 assessed against abutting property owners.
assessment for Blake Road is $20.00 per lineal foot (front yard) and $6.67 per
lineal foot (side yard).
The special
Engineer Hoffman said that the primary concerns of the residents appear to be: 1)
preservation of the existing tree line along the west side of Blake Road, 2) that
the street width remain as close as possible to existing width, 3) to provide a
better storm water system, and 4) strong concern, both pro and con, over need for
sidewalk.
54 Blake Road residents with 27 responses returned.
Engineer Hoffman then presented a number of slides depicting the existing roadway
as it meanders from one side of the right of way to the other on the portion of
Blake Road from Vernon to South Knoll Drive. The existing roadway actually is on
private property at the northeast comer of Blake and Eden Prairie Road and angles
to the northwest as it approaches South Knoll Drive. From South Knoll to Pine
Grove Road, the existing roadway is approximately thirty feet wide.
existing roadway would be reconstructed with basically adding curb and gutter.
Engineer Hoffman also pointed out the existing trees and landscaping features that
would be taken into consideration for the proposed project. He explained that
there is an existing storm water pipe on the east side of Blake Road and south of
Pine Grove Road that runs through the back yards for drainage of storm water. The
proposed project would include a storm sewer system going up Blake Road and east
on Pine Grove for installation of some catch basins to divert the storm water down
the street instead of through the back yards.
,
He presented a graphic showing the results of a survey that was sent to
Thus the
In conclusion, Engineer Hoffman stated that staff finds this project to be
feasible and would recommend approval.
authorize the improvement projects and also pass a resolution banning parking on
both side of Blake Road in the project area.
If Council wishes to proceed, they should
Member Smith asked whether the trees on the west side could be preserved.
Engineer Hoffman indicated that the existing roadway is about 30 feet wide in the
area and without sidewalk there would be no problem.
about the type of curb/gutter that would be used.
the standard type (B618) that is used where there are defined driveways.
that drive-over types would not meet state aid standards.
about the feasibility of constructing the rpadway without curb and gutter.
Engineer Hoffman explained that without curb and gutter state aid-funds could not
be used and so that part of the cost would have to be assessed back to abutting
properties, roughly estimated at $200,000. If constructed to state aid standards
Member Smith also asked
Engineer Hoffman said it was
Also, I Member Smith then asked
159
(nine tons) the roadway would last considerably longer than an asphalt
reconstruction. Traffic counts on Blake Road indicate that it should be done to
state aid standards. All collector roadways in the City are being built to the
nine ton standard. He also observed that state aid funding for sidewalk can only
be used on collector or county arterial streets that meet standards for state aid
funding.
Member Rice asked how a project like this comes about, and also why the project
ends at Pine Grove Road.
following a petitron to the Council for storm sewer after the rain storm of July,
1987.
Capital Plan. However, construction of a storm sewer system would have resulted
in the roadway being torn up so the road reconstruction was moved up one year to
coincide with the storm sewer project. The storm sewer proposed is a very large
pipe from the pond area down to Bredesen Park in keeping with the City's new
policy of trying to move storm water from private to public areas.
proposed from Vernon to Pine Grove Road because funds are not available to go all
the way up to Interlachen Boulevard, and also in the Mirror Lake area there is
some question as to inadequate right of way.
Engineer Hoffman explained that the project started
The reconstruction of the roadway was scheduled for 1990 in the City's
The project is
Member Paulus asked what the average width of the lots was on Blake Road.
Engineer Hoffman said that the lots varied from 75 feet to 160 feet in width.
Mayor Richards asked if the proposed $51,000 special assessment is a fixed figure
based on current City policy, with or without sidewalk.
that would be the assessment.
would be covered by state aid funds.
Engineer Hoffman said
The cost of the sidewalk, if it were to be done,, ,
Mayor Richards then called for public comment on the proposed projects.
Wayne Childs, 5725 Blake Road, said he objected to any improvement of Blake Road
and also asked that a load restriction be put on Blake Road to keep off trucks.
Jon Farris, 5401 Blake Road, said that he was against'construction of sidewalk.
He presented a letter from Thomas and Hyun Bloodgood, 5413 Blake Road, who
objected to the project as proposed because they felt it will not alleviate the
flooding problems they have experienced because of runoff from homes and property
on Highwood Avenue.
Max Boller, 6112 Kaymar Drive, asked that the roadway be maintained where it
presently is and not be moved to the east as he would lose side yard.
Bob Covey, 6112 Jeffrey Lane, said-that he was not interested in sidewalk and
would like to see restriction for weight of trucks.
Mike Thompson, 6201 Parkwood Road, said he was concerned about the nine mature oak
trees on his property if sidewalk were constructed and could only see a need for
sidewalk south.from Kaymar Drive.
Martha Anderson, 6205 Parkwood Road, said sidewalk should be constructed for
access to Bredesen Park and for safety of pedestrians.
Duane Sorby, 6117 Kaymar Drive, said he supported construction of the storm sewer
but was not in favor of sidewalk as too many trees would be lost.
Dr. Paul Carson, 6001 Pine Grove Road, said he was concerned about the width of
the road and where sidewalk would go. He suggested that the roadway be made
narrower to control traffic and that sidewalk should be placed away from the
roadway.
160 4/17/89
Mrs. Beamish, 5710 Blake Road, said she supported the storm sewer project, did not
support sidewalk and that there should be no widening of the roadway.
Grachia Jacobson, 5718 Blake Road, said she originally was against construction of
sidewalk but now had heard about the families with young children in the area.
She said that if a sidewalk is constructed that a trash container should be placed
at the corner of Blake and Vernon to help eliminate the trash they continually
have to pick up in the area.
-
Henry Haverstock, 6112 Saxony Road, said he was against construction of sidewalk
as it would undermine the rural character of the area, but that he was in favor of
the storm sewer project.
Mary Kay Covey, 6112 Jeffrey Lane, said she was against sidewalk from the
standpoint that the children that will be using them are those that have bikes and
that pedestrians will be fighting the bike traffic.
Speaking in support of the project with sidewalk were: Janet Nelson, 6200 Idylwood
Lane; Mitchell Kiffe, 6304 Knoll Drive; Jim Elving, 5601 Blake Road; Linda
Farrell, 5700 Blake Road, Beth Zweigoron, 6101 Jeffrey Lane, Bill Goetsch, 6113 .
Jeffrey Lane; and Cathy Fisher, 6229 Idylwood Lane..
Mayor Richards asked Engineer Hoffman to address the concerns about loss of trees
and landscaping and his recommendation as to location of sidewalk.
Hoffman explained that one tree on the west side across from Eden Prairie Road
will go because it juts out.
the west it is expected that no further trees will be removed.
there is a power pole line that at some points is located 15 feet from the street.
He said that the only trees or landscaping that they could not work around are the
arborvitae at the second home from Pine Grove Road.
part of the project.
would recommend sidewalk on the west side of Blake Road to Jeffrey Lane. At that
point pedestrians could cross the road because the sight distances are favorable.
. Sidewalk is recommended on the east side from Jeffrey Lane to Pine Grove Road.
Engineer
If the sidewalk and roadway is not moved further to
On the east side .. '
Those would be replaced as
As to location of the sidewalk, Engineer Hoffman said he
Patty Merker, a non-resident, commented that a stop sign at Jeffrey Lane would
sene to protect pedestrians crossing at that point and would also discourage
traffic cutting through the area.
Mayor Richards then said the public hearing was closed and called for discussion
by the Council Members.
Member Kelly said she liked Dr. Carson's suggestion that the sidewalk be located
away from the roadway.
not be possible because of the grade levels.
possibly could be a boulevard area between the street and sidewalk.
problem exists on the east side.
some areas.
sidewalk were put on the west side as recommended.
roadway would remain in roughly the same location.
Member Smith asked for a review of state aid standards.
would recommend the B618 standard curb whether or not it was in the standards. If
no on-street parking is required the roadway can be constructed at a 32-foot width
standard. Member Smith asked if sidewalk would be recommended if it would not be
funded by state aid funds.
monetary issue but that it was a part of the overall City sidewalk system which
could be funded now by state aid funds. Member Smith asked if the project would
enhance Blake Road and if traffic would increase.
be like any of the other collector streets that are rebuilt - there is not a lot
Engineer Hoffman explained that on the west side it would
From South Knoll Drive there
However, the sidewalk could be moved back in
The same
Member Kelly asked if the roadway would be moved to the east if
Engineer Hoffman said that the
Engineer Hoffman said he
Engineer Hoffman said he did not feel it was a
Engineer Hoffman said it would
4/17/89 161
of change in travel patterns.
traffic volumes up on the collector streets as the freeways get more congested.
Member Smith then asked if the proposed storm sewer system would help those
properties that suffered flooding in July of 1987.
that he felt it would help considerably.
However, over the next 15 years the City will see '
Engineer Hoffman responded
Member Paulus then moved approval of the proposed project to consist of the
following: 1) Replace the existing street with a new street with curb and gutter
with 32-foot width, 2) Install storm sewer system from Pine Grove Road to Vernon
Avenue along Blake Road, 3) To eliminate on-street parking on Blake Road, and 4)
To install sidewalk on the west side from Vernon Avenue to Jeffrey Lane and on the
east side from Jeffrey Lane to Pine Grove Road, and introduced the following
resolutions and moved adoption:
.
RESOLUTION ORDERING STREET IMPROVEMINI! NO. BA-283
AND STORM SEWER IMPROVEMENT NO. STS-190
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published and mailed to owners of
each parcel within the area proposed to be assessed on the following proposed
improvements:
PEREiANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER
AND SIDEWALK IMPROVEMENT NO. BA-283
STORM SEWER IMPROVEMENT STS-190
and at the hearing held at the time and place specified in said notice, the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts, does hereby determine to proceed with the
construction of said improvements including all proceedings which may be necessary
in eminent domain for the acquisition of necessary easements and rights for
construction and maintenance of such improvements; that said improvements are
hereby designated and shall be referred to in all subsequent proceedings as
follows: PERWANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK
IMPROVEMENT NO. BA-283 AND STORM SEWER IMPROVEMENT STS-190 and the area to be
specially assessed for a portion of the cost of the proposed improvement shall
include: Lot 8, Blks 1 & 2, Parkwood Knolls 3rd; Lots 1 & 2 and 12 & 13, Blk 1,
Parkwood Knolls 5th; Lot 9, Blk 1, Parkwood Knolls 6th; Lot 9, Blks 1 & 2,
Parkwood Knolls 7th; Lots 10-12, Blk 1, Parkwood Knolls 8th; Lot 1, Blks 1 & 2,
Idylwood; Lots 1-5, Blk 1, Idylwood 5th; Lot 4, Blk 2, Luce Highwood; Lot 5, Blk
3, Luce Highwood; Lots 16 & 17, Blk 1, Les Anderson's Highwood 2nd; Lot 1 & 8, Blk
1, Valley Park; Lot 1, Blk 1, Jones Knolls; Part of Lot A, RLS 194; RLS 1081; and
Lot A & B, RLS 1286.
.
RESOLUTION RELATING TO PARKING RESTRICTIONS
ON S.A.P. 120-147-10 FROM CSAH 158 (VERNON AVENUE)
TO PINE GROVE ROAD IN THE CITY OF EDINA, MINNESOTA
THIS RESOLUTION, passed this 17th day of April, 1989, by the City of Edina in
Hennepin County, Minnesota.
the "City", WITNESSETH:
WHIBEAS, the City has planned the improvement of MSAS 147 (Blake Road) from CSAH
158 (Vernon Avenue) to Pine Grove Road; and
WHEREAS, the City will be expending Municipal State Aid Funds on the improvement
of this Street; and
WEEXEXS, this improvement does not provide adequate width for parking on both
sides of the street approval of the proposed construction as a Municipal State Aid
Street project must therefore be conditioned upon certain parking restrictions,
and
WHEREAS, the extent of these restrictions that would be a necessary prerequisite
to the approval of this construction as a Municipal State Aid project in the City,
has been determined.
NOW, THEREFORE, IT IS HEREBY' RESOLVED that the City shall ban -the parking of motor
vehicles on both sides of MSAS 147 (Blake Road) at all times.
Motion for approval and adoption of the resolutions was seconded by Member Smith.
The Municipal corporation shall hereinafter be called
162 4/17/89
Mayor Richards asked for discussion on the motion.
the issue of sidewalk be held for more input from the residents.
that there were comments on both sides of the sidewalk issue and on the safety
issue.
commented that he intended to support the motion.
sidewalk has always been controversial.
adopting a sidewalk plan for the City has resulted in a good plan. It does not
grid the City with sidewalks, that was not the intent of the plan, but it was to
serve principally the collector streets in order to enable residents who walk or
ride bikes to get to public amenities in a safer fashion.
Member Kelly suggested that
Member Rice-said
Mayor Richards Engineer Hoffman said he thought sidewalks would be safer.
He said that the issue of
Time spent over the last 10 years in
Member Paulus said she felt that everyone whose property will be affected by the
sidewalk has been contacted; that the negative comments about sidewalk are from
individuals with specific concerns for their property; that Blake Road will see-
increased traffic volumes in the future as a fact of life; that without sidewalk
residents in the neighborhood will be isolated from the park unless they drive
there which will result in more increased traffic. She said the solution was to
construct sidewalk on these types of streets.
Member Rice asked about the possibility of a stop sign at Jeffrey Lane.
Hoffman said that is an option; however, there is the possibility of vehicles
running the stop sign and also neighbors objecting to noise from vehicles stopping
and starting up again.
Engineer
Member Smith asked if landscaping enhancement was part of the project as was done
on West 50th Street.
evergreens are included in areas where they would fit.
Engineer Hoffman responded that some hardwoods and
Mayor Richards then called for rollcall vote on the motion.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
(Mayor Richards convened a joint €lRA/Councilmeeting.)
PUBLIC HEARING ON AMENDMENT TO FINAL DEVETBPKENT PLAN. EDINBOROUGH AND AIEJMIMENT
TO ZONING ORDINANCE CONTINUED TO 5/1/89 Affidavits of Notice were presented by
Clerk and ordered placed on file. The amendment to the Final Development Plan,
Edinborough and the amenmdnent to the Zoning Ordinance affecting the same
property, public hearings were conducted concurrently. Planner Craig Larsen
presented the request for Final Development Plan for Edinborough and for amendment
of the Zoning Ordinance for a vacant 3.5 acre parcel located immediately west of
the senior high rise and southwest of Edinborough Park.
Amendment to Final Development Plan and Zoning Ordinance Amendment - The approved
plan, as amended in 1987, illustrated an eight story, 159,470 square foot office
building. He advised that the office building has not been constructed.
has received a request from Hawthorn Suites to amend the Final Development Plan to
allow the construction of a seven story, 142 unit hotel.
.
Staff
Another action that would be required would be amendment of the Zoning Ordinance.
The Mixed Development District MDD-5 does not allow the hotel as a free standing
principal use. The proponents are requesting that hotels be added as a permited
principal use in the MDD-5 District.
Planner Larsen explained that the proposed hotel contains 136 two-room suites and
six efficiency units, one on each floor, designed for handicapped occupancy. The
units range in size from 450 to"500 square feet with the efficiencies at 408
square feet.
traveler.
-
The hotel is designed to attract the extended stay business
The hotel does not have a restaurant or bar but does have a reception
.
4/17/89 1
area where guests are served complimentary breakfast and hor d'oeurves in the
evening.
a gross floor area of 90,286 square feet.
for the existing easterly seven story office building and 104 feet in height for
the eight story office building previously approved.
The hotel would be seven stories and 65 feet in height and would contain
This would compare to 90 feet in height
Planner Larsen presented a graphic illustrating proposed parking and landscaping.
Parking required would be 157 spaces; 166 spaces are provided by the site plan.
BRW, Inc. drafted the landscape plan which emphasized two things. First, would be
be compatibility with the overall Edinborough landscaping concept, and secondly,
the screening of the service entrance on the north side of the hotel.
The MDD-5 District requires a building setback of 50 feet from the perimeter of
the tract.
the westerly property line.
foot setback, but did not have the step design to the building which staff
encouraged the developers to incoroporate, similar to the existing office
building. The reduced setback is a result of the design modification and the
developer's need to maintain the proposed room count. The approved site plan for
Phase I1 office building at the site received a variance to reduce the setback to
27 feet at this same point.
Planner Larsen pointed out that the City retained BRW, Inc. to critique the design
of the hotel proposal principally because BRW, Inc. was the master planner for
Edinborough. Staff believes that the hotel represents a use which would be
compatible with and complementary to Edinborough. The hotel does not have a bar
or restaurant and will not host significant conferences and conventions.
have more of a residential character than a typical full service hotel.
use would also be a much lower peak hour traffic generator than an office use.
The proposed plan illustrates a setback of slightly over 36 feet from
The original proposal by Hawthorn did maintain a 50
It will
The hotel
The design of the building has changed significantly during the planning process
for the development. Staff is now satisfied that the design, scale, and materials
of the proposed building are compatible with Edinborough. BRW, Inc. has stated
that they feel the current proposal is consistent with the goals of the
Edinborough project .
In conclusion, Planner Larsen stated that the proposal was reviewed by the
Community Development and Planning Commission on April 5, 1989.
voted unanimously to recommend approval of the Final Development Plan, amendment
of the Zoning Ordinance and approval of the proposed setback variance, subject to
an executed redevelopment contract with the HRA.
The Commission
Amendment to Redevelomnent Agreement. Edinborough - HRA Executive Director Gordon
Hughes stated that the HRA would have to consider amendments to the existing
redevelopment contracts to facilitate development of the site.
contracts have two major elements. The purchase price for the subject property
was negotiated back in 1985 and was pegged to a base price of $5.94/square foot.
It included some escalators for reimbursements to the HRA. In that approximately
four years has gone by since that was negotiated, the purchase price has now grown
to approximately $11.80/square foot.
By the terms of the existing contract, all the land sale proceeds from this
parcel, with the exception of the reimbursements to the HRA and a contribution to
the City, would go to the East Edina Housing Foundation. The Foundation is
required to use the proceeds of the land sale to acquire some second mortgages for
the Edinborough condominiums which were actually funded by the developers of the
project.
that exist in the Foundation's name for units at Edinborough.- The Foundation if
and when it sells the subject vacant parcel is obliged to use the proceeds from
the sale to purchase back the mortgages.
The present
The developers now own approximately $795,000 worth of second mortgages
Director Hughes explained that the
63
4/17/89 164
reason for that is that back when the Edinborough project was first envisioned it
was felt that the office sales would proceed along with the development of the
condominiums. Actually, the ‘condominiums developed much faster and the Foundation
did not have the moneys to fund the mortgages; the developers elected to fund the
mortgages with the understanding that when this property was sold the Foundation
would purchase the mortgages.
The proposed amendments to the redevelopment agreements to facilitate the Hawthorn
Suite project would contain the following terms:
The HRA and the Foundation would consent to the assignment of development
rights to Hawthorn Suite. A purchase price of $1,127,902 or $7.25/square
foot is suggested.
purchase the redeveloper second mortages.
also include reimbursements to the HRA for park dedication, grading and
special assessments, and the $50,000 contribution to the City.
Hawthorn Suites propose to grant an non-exclusive easement for parking ~
over approximately one-half of its parking lot, providing an additional
80 spaces for park use.
1.
The purchase price would enable the Foundation to
This purchase price would
2.
3. Hawthorn Suites propose to pay an annual park maintenance fee of
approximately $25,500 which equates to $15.00 per guest room and would
be on par with what the condominiums pay.
Member Kelly said she was concerned with amending the Zoning Ordinance to permit
hotel use in the MMD-5 District.
that it remain a suite hotel and not be converted to a full service hotel or any
other use. Planner Larsen said that any proposed change in use would have to go
through the zoning process. Also the definition of hotel in the amendment could
be structured to limit the type of hotel.
Member Smith asked about the involvement of BRW, Inc. with the proposal. Planner
Larsen explained that the City hired BRW, Inc. to review the proposal from the
architectural standpoint and compatibility with the overall design concept of
Edinborough.
the site and to do the landscaping for the project area.
Member Paulus asked about the impact of the hotel’s service entrance/service hours
and concerns that were noted by the Planning Commission and also in correspondence
from residents of Edinborough.
entrance is offset so that it will not be directly visible from the north.
would be partially shared with the City’s proposed tram-way line and would be
screened with a small berm and additional landscaping.
Mayor Richards then called for a presentation by the proponents.
stated that he was the Senior Project Director for the proposed project.
explained that Hawthorn Suites is an all suite hotel chain that has been in
operation approximately two years. It was recently purchased by the Fritzger.
family who also owns the Hyatt Hotel organization. A commitment was made last
fall by the Fritzger family to proceed with substantial capital investment and
development of Hawthorn Suites on a national basis.
initially selected and in many respects represents a flagship for effort in that
regard.
Steve Goldman, representing Hawthorn Suites, explained that his role in the
project has included site selection, working with the operating company in doing
market research, and determining how the hotel will fit in with the type of
product they are looking to do.
hotel really evolved out of a desire to provide something that gave an
She asked what guarantee the City would have
I
They have been hired by the developers to do civil engineering on
Planner Larsen pointed out that the service
It
John Lyons
He
The subject property was one
- I
Hawthorn Suites as it compares with a typical
4/17/89 .. 165
accommodation that was more like home, with a residential feeling. Their research
indicated that there is a market for this type of hotel and that they could
capitalize on the guest who has an extended stay need - extended stay meaning five
or more days. Their goal was to provide a top quality hotel with guest rooms that
have separate living space and sleeping area within the units.
to take advantage of the park and the residential setting that was already created
and to provide a compliment to the existing facilities.
Mr. Goldman presented graphics illustrating the proposed hotel suites with the
added living space. This would provide a working area and would be better suited
for families. Because it would be a rooms only hotel and would not be supporting
other facilities, it would allow more efficient operation.
projected that the rack rates would range from $80/120 depending on the room type,
length of stay and the occupancy factor.
discounts or long term stay. The study projected that an occupancy rate of 75%
would be achieved in the third year.
feasible from a market standpoint. In terms of the component of guests, the study
estimated that they would have 45% extended stay (five nights or greater), 30% of
mid-range business travelers (between one and four nights), 25% family and other
pleasure travelers.
They also wanted
A market study
These would be rates before any
The conclusion was that the project was
,
Mr. Lyons then presented graphics showing hotel support areas, guest rooms,
meeting rooms and public spaces. He said they bring their Hyatt experience to the
development of this type of property; typically that is a hands-on development
role. They have been intimately involved on all the design issues on the proposed
project. Each project is viewed as a custom design facility shaped to fit the .
situation. In meetings with staff early on, it became very clear that there were
several fundamental concerns that would need to be addressed in the design of the
facility.
consistent with the rest of the Edinborough complex.
materials needed to be compatible or identical. Lastly, that the flow areas in
and out of the hotel needed to work with the design that had been developed in the
earlier phases of the Edinborough project.
The primary description was that the massing for the hotel needed to be
Similarily, the exterior
He explained that they have had some experience with the atriem concept - it does
create-an activity area. The architects have been asked to focus the public space
facing the park to create a lobby area and a Hawthorn Room that would almost have
the feel of a sidewalk cafe overlooking the activity of the park. This would also
provide park users with a view of looking into a sidewalk cafe as opposed to a
building wall. Some of the other concerns were creating a link for the public
space to the park, a front entrance easily accessible to Minnesota Drive and to a
a reception and front desk location which would be supervised on a 24-hour basis.
Mr. Lyons pointed out that some of the 'other constraints given the architects
concerned the internal organization and function of the hotel.
need for the kitchen area to be next to the Hawthorn Room.
area and a trash area was needed that would be adjacent to a external service
delivery area.
and an amenity for the hotel guests and is not designed to be used by external
individuals. With
food service being minimal (breakast and hor d'oeuvres) the trash generated as
well as food delivered is significantly less than as seen in a full service hotel.
It is anticipated that trash pickup would be three days a week and that food
service deliveries would be three to four days a week during normal business
hours. '
He explained the
An internal receiving
The proposed food service is designed as a complimentary service
As a result the kitchen area is approximately 450 square feet.
Mike Jordan, Winsor/Faricy Architects, ,Inc., presented the site plan and
elaborated on how the hotel would be consistent with the park-uses and
requirements.
building pad intended for the office building and is an extention of the master
He noted that the hotel location was limited to the existing
166 4/17/89
plan for Edir-,orough. The main entrance is o E Minnesota Drive. The parking lot
would have 166 parking spaces of which only one-half would be required for hotel
use. The remainder would be available for park use including several handicapped
spaces. A dropoff area would be located adjacent to the west park entry.
pointed out that the building bends at a 45 degree angle which allows an increased
setback from the north property line which is 60 feet further that the earlier
proposed office building. This would increase the open area between the hotel and
the condominiums and also increased the sunlight available to the park.
building also relates back to the geometry of the park, the easterly office
building and the layout of the senior tower.
as the materials in the Edinborough complex.
D He
The
Exterior surfaces will be the same
Peter Jarvis, BRW, Inc., stated that their charge from staff was: 1) to meet with
the Hawthorn team, review the concept and convey to them the overall master plan
criteria that was established from the beginning for the Edinborough project, and
2) to advise the City as they reviewed the evolution of the project as to those
elements which they felt were consistent with Edinborough and those that were not.
He said everyone of those issues have been addressed.
With respect to the site plan, Mr. Jarvis reiterated the comments in his letter
that they find the project totally consistent with Edinborough from both a site,
landscaping and actual design standpoint. He spoke to two items of operational
significance relative to the park function. First, an intermediate or secondary
drop-off area has been incorporated for the southwest quadrant.
constructed was a combination walkway and, ultimately for the Southeast Edina
Transit System, a tramway that would operate immediately south of Phase V of
Edinborough.
of this facility and such time as there are relatively frequently operating
vehicles.
combine the relatively infrequent hotel service function with the transit
function.
situation in the westerly part of the outdoor Edinborough park.
landscaping plan, Mr. Jarvis said that it meets the spirit of the existing
Edinborough landscaping.
.
Secondly, already
Some concern has been voiced over the last year about the proximity __
I As the hotel site plan began to take shape the opportunity was there to
This element is a slight modification but a positive one to the present
Regarding the
In conclusion, Mr. Jordan said that they have worked several evolutions so that
the proposed project would be consistent with the Edinborough project. He also
advised that they have conducted meetings with representatives of the senior
housing, the condominium association and members of the East Edina Housing
Foundation.
Mayor Richards then called for comment from the public.
of Edinborough, voiced her objections to the hotel proposal and her concerns about
hotel guests using the park, additional traffic, safety for walkers and that there
would be no benefit for the Edinborough residents.
Susan Britzius, resident
Brian Hamann, resident of Edinborough, said he agreed with the comments just made
and also asked why the office building is not being built as originally planned.
He said he understood market research showed there was not a need but questioned
why 1.2 million square feet of office is proposed for the adjacent Centennial
Lakes project .
Mayor Richards noted receipt of letters of objection from Laura Davis, 7631
Edinborough Way #5311 and James and Bernadine Prokop, 7631 Edinborough Way #5111.
Member Smith asked if someone could answer the office building market question.
Tom LaSalle, partner with the Edinborough group, said financing is one of the
difficulties. Of the 1.2 million square feet of office proposed for Centennial
Lakes not all is financed.
more difficult to finance the office building that was proposed for the subject
- I
Projects like Homart and Centennial Lakes have made it
4/17/89 167
site because of its location.
visual access from the freeway as well as better access from York Avenue. He said
they had difficulty coming up with a product they could finance and thought the
hotel would be a use that would be compatible, would bring a service to Edina that
does not exist, and would be positive to both the condominiums and senior building
as it would not be a full service hotel with the usual problems associated
therewith.
The east Edinborough office building has better
Member Paulus asked what effect the hotel use would have on the park versus an
office use; also whether the park could handle the additional use.
Park Director Bob Kojetin responded that it has been contemplated all along that
whatever was built on the subject site would have park users.
difference as to time of usage - more evening users from the hotel than day users
as anticipated if it were office. He noted that the park is heavily used how and
the locker rooms may be inadequate at times.
There would be a
Member Rice asked several questions: a) number of feet from Edinborough residents
to the service area, b) reference to the "existing building pad", c) physical
impact of the hotel, d) if amending the Zoning Ordinance to permit a hotel use
would it allow another type hotel to be built on the site if Hawthorn Suites was
not built, e) timetable for the project and when the HRA and City would collect
the fees, f) hotel versus office use from a public safety standpoint, g) signage,
and h) anticipated use of the park's facilities by hotel guests.
.
,
Mr. Jarvis said that, as proposed, there would be a range of 122 to 160 feet from
the face of the hotel to the Edinborough condominiums. Regarding the building '
pad, he explained that this site had the major soil problems in the Edinborough
project. When BRW, Inc. did the original soil exploration it was concluded that
in order to design a building for the site it would require deep excavation.
the entire site was mass graded this site was prepared for nothing more than a
simple bituminous parking lot with the exception of the building pad area which
precluded relocation of the building.
less because it would be further away and have less height.
Planner Larsen confirmed that if the Zoning Ordinance is amended to permit a hotel
use another hotel could be built on the site.
recommendation from staff for approval of rezoning was conditioned upon an
executed redevelopment agreement.
they build a certain building (size, shape, color, etc.). The City would have
rights of reversion until that specific building gets built. He added that the
HRA still owns the property at this point and it would be sold on the condition
that they build a certain kind of hotel.
proposal is approved that approval be subject to it being rezoned.
When
The physical impact of the hotel would be
I
Attorney Erickson advised that the
The redevelopment contract would specify that
Mayor Richards suggested that if the
Mr. Lyons responded to the question as to timetable for the project.
hoped to break ground in late June or early July and were anxious to get started
before winter sets in. Attorney Erickson said that the proposed amendment has a
closing date of September 30 and fees would not be paid to the HRA and City until
the closing occurs and the cash is available.
With regard to the issue of public safety for a hotel.use versus office, Chief
Craig Swanson commented that they have not researched that issue but that,
generally speaking, He noted,
however, that office is transitory as well as hotel residency.
He said they
a transitory population may be more difficult.
Concerning signage, Planner Larsen saicf staff anticipates that the sign ordinance
would be amended to handle both the Centennial Lakes project and this type of use
within Edinborough.
168 4/17/89
Mr. Lyons responded to the question of use of the park's facilities by hotel
guests.
what they have found is that those facilities are important in the marketing
brochures, but how much they get used is another issue.
occupancy that would be 100 rooms occupied on the average.
that occupancy would be a high usage of the park facilities.
He said they have a lot of hotel experience with health club services and
If the hotel achieves 70%
He said that 20% of
Member Smith commented that the hotel guest use of the park would be during the
prime time when Edinborough residents would be home and would like to use the
park.
Mr. Goldman said that experience with extended stay hotels has shown that people
come in on Monday and leave on Friday.
and will be more local as opposed to business people and transients.
He asked what would be the expected weekend occupancy for the hotel.
Weekend occupancy is expected to be low
Member Paulus asked if weekend occupancy would mean a party atmosphere, e.g. 10
people renting one unit and bringing sleeping bags, and said that could result in
misuse of the park. She asked how they would control that. Mr. Goldman cited an
the Embassy Suites as an example, noting that because of their higher costs that
they seek that type of weekend business.
type of weekend business and that park usage could be controlled through passes
for pool and track use.
usage.
Member Rice then asked if there is a problem with parking capacity for
Edinborough.
an event scheduled in the park during the normal business day - then parking
between the office and park usage becomes crowded. Member Rice asked if there
should be an easement to allow construction of a parking deck over the subject
property if there was need for additional parking in the future.
Mayor Richards asked if there would be cross easements on the parking lot that
would run to the City.
the discussion concerning public use of parking spaces has been concerning the
southern half of the parking lot.
and what Hawthorn's response would be if there is no restriction whatsoever on the
parking. Mr, Lyons explained that they have asked to reserve 85 spaces closest to
the entrance for hotel use exclusively and that if there were no restriction it
would be a disadvantage to the hotel guests.
sense to him, if there were a park function and the hotel'was at low occupancy, to
have restricted parking. Mr. Lyons said he understood the concern but that it was
their understanding in the original development process that parking spaces would
be designated for exclusive hotel use. They felt they were making a concession in
the interest of the City by allowing one-half of the parking spaces to be used by
park users.
Mayor Richards raised the issue of use of liquor in the facility.
proponents understood the City's ordinance on liquor and that they cannot use or
sell liquor in the hotel.
Mr. Lyons stated that they have been proceeding with not setting up a liquor sales
operation.
hor d'oeurves. Mr. Lyons said that he was not sure of the laws relative to giving
away wine or liquor and said they are prepared to abide by the existing laws. If
the current laws permit giving away of liquor they would like the option of doing
that, but do not intend to ask for a variance from the existing laws.
He said they will not actively seek that
Number of guests will also be monitored through breakfast
Manager Rosland responded that there is only a problem when there is
Attorney Erickson said that none had been drafted and that
Mayor Richards asked why the southern one half
Mayor Richards said it did not make
He asked if the
He asked what their intent was concerning liquor.
Mayor Richards asked if they intended to offer a free drink with the
Mayor Richards commented that he had two concerns: 1) that he did not favor the
approach of having parking for the hotel to. the exclusion of the public and would
prefer having an easement across the entire parking lot to allow anyone to park,
and 2) that he wanted the serving of liquor issue resolved. He said he would not
be prepared to vote on the proposal*without those two concerns being answered by
4/17/89
169
the proponents.
compatible use with the existing Edinborough development and that the type of
people who would frequent the facility would be consistent with what otherwise is
an excellent land use of southeast Edina.
He stated further that he felt the proposed hotel project is a
Member Smith asked if this site could be zoned for no liquor.
said it would not be approp,riate to put that restriction in the Zoning Ordinance.
The existing liquor ordinance does not allow selling by the glass and does not
allow giving away of the product as part of a marketing package.
if liquor were to be served as part of the complimentary hor d'oeurves it would be
contrary to the ordinance.
Attorney Erickson
He opined that
With regard to the the proposed transfer of land, Member Rice said he had done
some investigating on the value of the property and generally concurred with the
appraiser as to value.
a good land use and would support it.
absut protecting its position with an option to repurchase the property if for
some reason the hotel was not built.
easements on the parking lot to permit public parking. He asked if there are
cross easements over the existing parking in Edinborough.
that there is public parking throughout the project except the lower level of
parking by the office building which is used exclusively by the office during the
daytime.
He said he was of the opinion that the proposed hotel was
However, he felt the City should think
He said he would also support cross .
Manager Rosland said
In summary, Mayor Richards said there are four issues that need to be dealt with:
1) signage, 2) parking, 3) timetable for the project, when the fees would be paid
and City's position if not built, and 4) liquor use. He recommended that this be
continued until May 1 for responses to these concerns.
Member Kelly reiterated her concern that the amendment to the Zoning Ordinance be
specifically addressed to this proposed hotel project.
Motion was made by Member Smith that the public hearing on amendment to Final
Development Plan, Edinborough and amendment to Zoning Ordinance be continued to
May 1, 1989 so that the proponents could respond to the issues raised by the
Council. Motion was seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
I
LOT DIVISION APPROVED FOR LOT 6, BLOCK 4. PARKWOOD KNOT223 llTH ADDITION (5812-14
VIEN LANE
5812-14 View Lane, Lot 6, Block 4, Parkwood Knolls 11th Addition. The subject
property is an existing double bungalow that does not have the required separate
water services. The lot division is requested in order to facilitate the separate
sale of the two units. The proposal would be exempt from the moratorium on
subdivisions as the lot division would not create a new buildable lot and is not a
R-1 District zoning. The Community Development and Planning Commission considered
the request at its meeting of April 5, 1989 and recommended approval, subject to
the installation of individual water service.
Planner Larsen presented the request for a lot division for property at
Member Smith introduced the following resolution and moved adoption:
WJXREAS, the following described property is at present a single tract of land:
RESOLUTION
Lot 6, Block 4, Parkwood Knolls 11th Addition, according to the plat thereof
on file or of record in the office of the Registrar-of Titles in and for
said County except that part which lies Easterly of a line drawn from a point
on the Southeasterly line of the above described Lot 6 distant 26.0 feet
Southwesterly of the Southeast comer of said Lot 6, to a point on the
Northeasterly line of said Lot 6 distant 25.0 feet Northwesterly of the
Southeast comer of said Lot 6; and
170 4/17/89
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
Northwesterly Parcel:
That part of Lot 6, Block 4, Parkwood Knolls llth Addition, according to the
recorded plat thereof, and situate in Hennepin County, Minnesota lying
northwesterly of the following described line:
Beginning at a point on the northeasterly line of said Lot 6 distant
93.81 feetnorthwesterly of the southeast comer of said Lot 6; thence
Southwesterlyto a point on the southwesterly line of said Lot 6
distant 93.86 feet northwesterly of the southerly comer of said
Lot 6 and there terminating.
Southeasterlv Parcel:
That part of Lot 6, Block 4, Parkwood Knolls llth Addition, according to the
recorded plat thereof, and situate in Hennepin County, Minnesota lying
southeasterly of the following described line:
Beginning at a point on the northeasterly line of said Lot 6 distant
93.81 feet northwesterly of the southeast corner of said Lot 6; thence
southwesterly to a point on the southwesterly line of said Lot 6 distant
93.86 feet northwesterly of the southerly corner of said Lot 6 and
there terminating.
Except that part which lies Easterly of a line drawn from a point on the
southeasterly line of the above described Lot 6 distant 26.0 feet
southwesterly of the southeast corner of said Lot 6, to a point on
the Northeasterly line of said Lot 6 distant 25.0 feet Northwesterly
of the Southeast comer of said Lot 6.
WIEREAS, the requested subdivision is authorized under Ordinance No. 801 and 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 purpose of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 801 and 825;
NOU, !CHEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance No. 825 and Ordinance No. 801 are hereby waived to allow said division
and convey-ance thereof as separate tracts of land, but only to the extent
permitted under Ordinance No. 801 and Ordinance No. 825 and subject to the
limitations set out in Ordinance No. 825, and said Ordinances are not waived for
any other purpose or as to any other provisions thereof, and further 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 for adoption of the resolution was seconded by Member Paulus.
Rollcall :
Ayes: Paulus, Rice, Smith, Richards
Resolution adopted.
.
(Member Kelly was temporarily absent on call of vote.)
*WELL ABANDONMENT - CENTENNIAL LAKES APPROVED
Paulus and was seconded by Commissioner Smith for award of bid for well
Motion was made by Commission
abandonment for the Centennial Lakes project to recommended low bidder,
E.H. Renner 6: Sons, Inc., at $12,450.00.
Motion carried on rollcall vote, five ayes. I (Mayor Richards declared the HRA Meeting adjourned.)
*BID AWARDED FOR AERIAL PERSONNEL LIFT
seconded by Member Smith for award of bid for an aerial personnel lift (installed)
to recommended low bidder, ABM Equipment & Supply, Inc., at $13,528.00.
Motion was made by Member-Paulus and was
4/17/89 171
Motion carried on rollcall vote, five ayes.
*AWARD OF BID FOR STATIONARY BREATHING AIR COMPRESSOR CONTINUED TO 5/1/89 Motion
was made by Member Paulus and was seconded by Member Smith to continue the award
of bid for a stationary breathing air compressor to May 1, 1989.
Motion carried on rollcall vote, five ayes.
AWARD OF BID FOR GRASS FIRE FIGHTING SLIDE-IN UNIT CONTINUED TO 5/1/89 Motion was '
made by Member Kelly and was seconded by Member Rice to continue the award of bid
for a grass fire fighting slide-in unit to May 1, 1989.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*BID AWARDED FOR 1/2 TON 4x4 VAN Motion was made by Member Paulus and was
seconded by Member Smith for award of bid for one 1/2 ton 4x4 van to Polar
Chevrolet at $16,187.00, under Hennepin Contract #9544.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR ONE TON 4x4 PICKUP TRUCK Motion was made by Member Paulus and
was seconded by Member Smith for award of bid for a one ton 4x4 pickup truck to
Polar Chevrolet at $14,567.00, under Hennepin Contract #9544.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR MINI-VAN
Member Smith for award of bid for a mini-van to Thane Hawkins Chevrolet at
$11,389.00, under Hennepin Contract #9544A.
Motion was made by Member Paulus and was seconded by
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR PERMANENT STREET SURFACING WITH CURB & GUTTER IMPROVEXJ?.NT NOS.
BA-284. BA-287 AND BA-288 Motion was made by Member Paulus and was seconded by
Member Smith for award of bid for Permanent Street Surfacing With Curb & Gutter
Improvement Nos. BA-284 (Minnesota Drive from France Av to Edinborough Way),
BA-287 (Fox Meadow Lane) and BA-288 (Pinewood Trail) to recommended low bidder,
Bury & Carlson, Inc., at $148,243.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR 3/4 TON PICKUP TRUCK Motion was made by Member Paulus and was
seconded by Member Smith for award of bid for one 3/4 ton pickup truck (cab and
chassis only) to Thane Hawkins Polar Chevrolet at $11,379.00, under Hennepin
County Contract #954'4.
Motion carried on rollcall vote, five ayes.
CITIZENS AGAINST PORNOGRAPHY VOICE CONCERNS REGARDING SHINDERS Ron Dahl, 5920
Tamarac Avenue, said that he represented a group of individuals present who are
concerned about the pornography being offered for sale at Shinders located at 7101
France Avenue. He said they had very strong feelings about the issue of
pornography. His family and many of those present had chosen to live in the
community because of the schools, the park system, the general quality of life and
the absence of establishments serving liquor and the absence of establishments
which promoted behavior which they felt did not meet the standards of morality
which the citizens of Edina adhere to.
Because they love the community, they are concerned about what is occurring in the
City. Most people who live here assume that the standards are very high and
assume that people in City government are watching those-standards for them.
Mr. Dahl said the issue can become very emotional but that he would present it in
more of a logical fashion and would try to be precise as they had a specific
action they would request of the Council.
4/17/89
172
Mr. Dahl stated that Shinders is dis.tributing and selling, along with baseball
.cards and comic books, material that according to the Supreme Court, the statutes
of the State of Minnesota, and the City ordinance is clearly obscene by all the
definitions. He said that
the group he is representing has available photo copies of materials that is
typical of what is being sold at Shinders and which they feel is grossly obscene.
Because of information made available in the press, the public is becoming more
and more aware of the long term damage of the use of pornography in our society.
He made reference to an interview granted by Ted Bundy prior to his execution
wherein he attributed much of his deranged behavior to a long addiction to
pornography.
Specifically, Mr. Dahl said that Shinders has an adult's only section, sectioned
off by a swinging door, that can be seen from the entrance and what is visible
there is enough according to every law written to qualify as obscene literature.
Their concern is especially for the children who visit the store for baseball
cards and comic books. He said they felt it their responsibility as citizens to
remove this kind of blight from the community.
This material can be readily purchased at Shinders.
Mr. Dahl said they were not asking the City to close Shinders book store - all
they were asking was that, by the Council's direction through the Police
Department, the laws of the State of Minnesota be upheld and that this material be
be removed from public display and sale.
investigate and check out what has been presented. He concluded that they were
not asking the Council to make a moral decision; that has already been established
by the court system and by the law passed in 1988. They are simply asking that
the law be upheld and that something that is not necessary for the citizens of
Edina be cleaned up.
He urged the Council Members to
Also speaking in objection were Carolyn Owens, 5243 Brookside Court, Barbara
Bergan, 4804 Woodhill Way, Caroline Falstad, 5415 Abbott Place, Barbara Wendberg,
Bloomington resident, and Thea Pearson, resident of Edina.
Mayor Richards said that this was a serious issue and deserved thoughtful
reflection and honest responses from their elected officials.
a simple issue and in all fairness the Council would need to reflect on the issue
raised and'then respond.
Chief of Police, representatives of Shinders, legal counsel and would need to
reflect upon what the First Amendment really means.
Following discussion by the Council, Member Paulus made a motion that this issue
be continued to Hay 15, 1989 and that the City Manager be directed to coordinate
resource information to be brought back to the Council.
Member Smith.
He said this is not
Before that, however, they would need to hear from the
Motion was seconded by
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
TRAFFIC SAFETY COMMITTEE WRJUTES OF 4/11/89 APPROVED Member Kelly moved approval
of the following recommended action in Section A of the Traffic Safety Committee
Minutes of April 11, 1989:
1)
enforcement, Monday through Saturday, 8 BEI to 6 PH for the West 51st Street
and to aclmowledge Sections B and C of the Minutes.
Motion for approval was seconded by Member Smith.
To change the City ordinance by resolution to reflect the new hours of
parking ramp;
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Kelly introduced the following resolution and moved adoption:
RESOLUTION
4/17/89 173
BE IT RESOLVED by the City Council of the City of Edina, Minnesota that in
accordance with Ordinance No. 1232, Section 2(d), the hours of enforcement for
parking of vehicles in the municipal parking facilities at the 50th and France
Commercial kea shall be Monday through Saturday, 8:OO A.M. to 6:OO P.M.
Motion for adoption of the resolution was seconded by Member Smith.
Ro 1 lcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
CHEMICAL HEALTH ADVISORY COMMITTEE REPORT GIVEN Pat Llona, outgoing chair.of the
Chemical Health Advisory Committee, said that the Committee has been in existence
for nine years. She then reviewed the Committee's accomplishments to date and
introduced Betsey Flaten as incoming Chair to explain the activities they are
currently involved in.
Betsey Flaten, Committee chair, said that she was excited about the things that
are. occurring in the community.
use has not changed over the last ten years, within the last year there has begun
a slight decline.
to do is beginning to work - that having a lot of messages at different levels is
beginning to pay off. - connecting resources - to get the school working with the City, using community
education and the youth development project as ways of getting out the prevention
message, and also by involving churches and businesses.
Even though research has indicated that alcohol
This is an indication that what the Committee has been trying
The Committee has worked during the past year at networking
She distributed a packet of materials to the Council on chemical health and
briefly reviewed activities for the past year and those that are being developed:
,
1) Through the youth development project high school students are mentoring
2) Developed a homework club at two elementary schools,
3) Have a big brotherbig sister project called "Project Friend" which they
4) Have people working on extended day care programs to reach the children
younger students,
hope to expand,
that become at risk as they enter the older elementary grades and have nothing to
do in the afternoons,
the Community Center,
community as the extended family),
including elements about chemical health,
5) Through the youth development project there will be a resource center at
6) They are talking about the possible year of the family (family meaning the
7) Programs with early childhood and family education will be started
8) Parent community information is going out and is off to a good start.
9) Parent communication network newsletter going out three times a year
10) Restarting articles in the Edina Sun on chemical abuse prevention,
11) Trying to set up more kinds of parent workshops to reach parents at
including parenting issues and chemical health information,
different levels.
The earlier they reach parents and families the better, so they are looking at
pre-school screening as an opportunity to talk about chemical health. She advised
that a Chemical Health Workshop for Edina Congregations is scheduled for May 6,
1989 at Colonial Church as a way to get the churches involved in reaching not only
the teenagers but the whole adult community.
leaders and have found there is some interest in doing in-service work to talk
about chemical health issues with employees.
They have begun talking to business
They are attempting to involve the whole community because the biggest issue in
chemical health is the use of alcohol.
approximately 11.5 years of age on the average.
On-set for children using alcohol is
By 8th grade 80% have tried
174 4/17/89
alcohol and 50% of those had more than just sips.
.tobacco are gateway drugs and if the use can be stopped in the earlier years the
more likely it will keep kids from moving on to harder drugs.
most devastating drug in the adult population and is the most costly.
It is known that alcohol and
Alcohol use is the
In summary, Mrs. Flaten said that Edina has the potential to be a leader in
chemical health - there are a lot of good people and good ideas - but they need to
tie it all together.
community, the business community, civic organizations and City government so that
all work together.
effective and they are now trying the approach of bringing in kids who have made-
the choice not to use chemicals to teach the younger kids through role playing how
to say "no" . The other approach is adult role models and community mind-set that
as a community we stand together - we enforce our rules and set family policy.
She said to be effective is has to be a broad based community approach and it has
to be comprehensive.
What they are looking for is leadership in the schools, the
Some of the old approaches that have been tried have not been
In closing she quoted from the Hennepin County Task Force on Youth and Drugs.
"Much more can and should be done in the area of prevention and education.
efforts must become a movement that permeates all levels and all sectors of
society.
promotion of prevention efforts at the local level."
These
There is a need for more strategic leadership and coordination and
Mayor Richards thanked Mrs. Flaten and the Committee for the work they have been
doing regarding chemical health.
staff review the packet of materials provided and then further discuss the
suggestions as to involvement of the Council and the City.
He suggested that the Council and also the City
,
I SOUTH -PIN HUHAN SWVICES COUNCIL REPORT TO BE RESCHEDULED Paul Gens, SHHSC
Member, advised that because of the late hour Chair Tim Culver has rescheduled his
report on the South Hennepin Human Services Council for a future meeting.
invited the Council Members to attend the Annual Meeting of SHHSC on April 20 at
Christ Presbyterian Church, Edina.
He
CITY-'RIDE RECYCLING PROGRAM PROPOSALS APPROVED
Chandler-referred to the background materials provided in the Council packets
Recycling Coordinator Janet
concerning' the recycling proposals. She e1abo;ated on the recommendation made by
staff and the Recyling Commission that two proposers, BFI and Waste Management, be
selected for further consideration. The reasons for the recommendation were that
the two proposers came in with the lowest cost proposals, they have the shortest
lead time required for start-up, and they have excellent track records with the
cities that have used them for their recycling service.
highest contract cost and longest lead time should be dropped from consideration.
Wachman and Sons, although lowest in cost, have no experience in residential
recycling and did not respond to the invitation to meet with the Commission.
Super Cycle, with the
Mayor Richards'asked if representatives were present from Super Cycle and Wachman
and Sons that wanted to speak to the issue of the recommendation that they not be
considered further. No response was heard from either proposer. Representatives
from BFI and Waste Management said they were present to answer any questions.
Mayor Richards then asked for comment from the Council.
that somehow out of the present charges for trash hauling we should be able to
extract enough money to take care of recycling.
were adding another cost for recycling on top of what residents are already paying
for trash hauling.
resulting from reducing the number of trash, containers, through recyling, that are
picked up each week.
with it $.80 which would fund the recycling program.
Member Smith said he felt
He said he was bothered that we I He presented figures on cost of trash hauling and savings
He estimated that a reduction of one container would carry
Member Smith suggested:
4/17/89 175
1) Seeking volume based fees from all Edina haulers, with credit for recycling,
and 2) Moving to one hauler for both trash and recyling and thereby attemp't to
control the costs in that fashion.
Member Kelly made a motion to approve the following recommended action:
1) Select BPI and Waste Management for final contract consideration,
2) Schedule further staff discussions with these two contractors and incorporate
the suggestions of Member Smith in the negotiations, and
3) Select contractor and program options at the May 1 Council Meeting.
Motion for approval of the recommendations was seconded by Member Paulus. .
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Paulus suggested that the staff also bring back a recommendation concerning
containers for the Council to reconsider.
container issue be included in the recommendations for the May 1 meeting.
It was informally agreed that the
PLASTICS BAN ORDINANCE TO BE DRAFTED
direction of the Council the Recycling Commission discussed the Minneapolis -
Plastics Ban Ordinance and voted unanimously in favor of the City's adoption.of a
plastics ban ordinance similar to the Minneapolis Ordinance.
recommend referral to the City Attorney for preparation of a draft ordinance.
Member Smith made a motion that the City Attorney be directed to draft an
ordinance for consideration by the Council similar to the Minneapolis Ordinance
banning plastics.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Manager Rosland said that in response to the
Staff would
Motion was seconded by Mayor Richards.
PERMANENT STREET SURFACING WITH CURB i5 GUTTER, SIDEXAIK. LANDSCAPING. LIGHTING AND
STREET
reconstruction of West 76th Street as the street is realigned through the
Centennial Lakes project.
BRIDGE IMPROVEMENT NO. BA-289 ORDERED: NO PARKING RESOLUTION ADOPTED FOR U. 76TH
Engineer Hoffman explained that the improvement project is a
The proposed project consists of: - Permanent Street Surfacing with Curb and Gutter - Landscaping in Medians and Boulevards
- Bridge over Transitway and Waterway - Sidewalk.
.- Ornamental Street Lighting
The estimated cost for the project, including engineering and capitalized
interest, is $1,503,963.00. Approximately $900,000.00 would be funded by
municipal state aid gas tax funds with the balance of the project costs to be
assessed against all Centennial Lakes Phase I properties.
This improvement is petitioned by the developers and the Edina Housing and
Redevelopment Authority for the Centennial Lakes project.
project to be feasible and would recommend approval of the project and adoption of
a no parking resolution as required by state aid standards.
Mayor Richards asked if the proposed project is consistent with the concept
approval previously reviewed and acted upon by the Council and also if the
proposed funding is also consistent with what has previously been reviewed and
discussed.
Staff has found the
Engineer Hoffman responded that it is.
No objection being heard, Member Smith introduced the fol-lowing resolutions and
moved adoption:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct permanent street surfacing with concrete curb and gutter,
RESOLUTION ORDERING lMpROVEMENT NO. BA-289 (WEST 76TH STREET)
4/17/89 176
sidewalk, landscaping, lighting and bridge on West 76th Street from Edinborough
Way to France Avenue, with approximately $900,000,000.00 of the project costs to
be paid by municipal state aid funds and with the balance to be assessed against
all Centennial Iakes Phase I properties.
2. The making of said improvement 3n accordance with said petition is hereby
ordered pursuant to Minnesota Statutes, Section 429.031(3), (Session Laws of 1961,
Chapter 525, Section 2).
referred to in all subsequent proceedings as:
Said improvement is hereby designated and shall be
PER&WENT STREXT SURFACING WITH CONCRETE CURB & GUTTER, SIDEWALK,
LBNDSCAPING, LIGHTING AND BRIDGE IKPROVEKENT NO. BA-289.
The balance of the project costs not paid by municipal state aid funds is hereby
ordered to be assessed against all Centennial Lakes Phase I properties.
RESOLUTION RELATING TO PARKING RESTRICTIONS
ON S.A.P. 120-136-08 FROM CSM 17 (FRANCE AVENUE)
TO EDINBOROUGH WAY IN THE CITY OF EDINA, MINNESOTA
THIS RESOLUTION, passed this 17th day of April, 1989, by the City of Edina in
Hennepin County, Minnesota.
the "City", WITNESSETH:
WHEREAS, the City has planned the improvement of MSAS 136 (W. 76th Street) from
CSAH 17 (France Avenue) to Edinborough Way; and
WHEREAS, the City will be expending Municipal State Aid Funds on the improvement
of this Street; and
WHEREAS, this improvement does not provide adequate width for parking on both
sides of the street approval of the proposed construction as a Municipal State Aid
Street project must therefore be conditioned upon certain parking restrictions,
and
WHEREAS, the extent of these restrictions that would be a necessary prerequisite
to the approval of this construction as a Municipal State Aid project in the City,
has been determined.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City shall ban the parking of motor
vehicles on both sides of MSAS 136 (W. 76th Street) at all times.
Motion for adoption of the resolutions was seconded by Member Kelly.
"he Municipal corporation shall hereinafter be called
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolutions adopted.
NO ACTION TAKEN ON PURCHASE OF WHITE OAKS LOTS: REFERRED TO MANAGEXt FOR MONITORING
Manager Rosland reported that there has been no response to the City's offer
extended to Richard J. Andron and Andron, Inc. to purchase Lot 9, White Oaks 2nd
Addition and Lot 1, White Oaks 3rd Addition. Connor Schmid, acting in behalf of
the White Oaks Improvement Association, has advised that the property has been
formally deeded of record by the Monroes to Andron, Inc. and that the state deed
tax stamps would indicate a sale price of $79,500.
Mayor Richards reiterated to Mr. Schmid that the City was willing to commit
$13,300 towards the purchase of the subject lots as proposed by the Association.
However, not having received a response from the present property owner, the
Council would take no further action.
Connor Schmid, commented that if the sale was a bonafide deal the developer has
built in a $40,000 profit.
property.
power of eminent domain, determine what it is worth.
committed to do anything until the matter would go to trial.
that the Association is continuing with their pledge drive to raise the $13,300 to
match the commitment made by the City.
Mayor Richards stated that the matter would be referred to the City Managerrs
office for monitoring.
There are some questions about the actual worth of the
He suggested'that one way to test that would be for the City to, by
Mr. Schmid added
The City would not be
No formal action was taken.
4/ 17/89 177
COUNCIL STUDY SESSION DATES TO BE CONFIRMED AT NEXT MEETING
stated that because of the late hour, the Agenda Item VI1.H Confirm Dates.for
Council Study Sessions would be placed on the next agenda.
Mayor Richards
*PETITION OF RESIDENTS OF VAI;LEy VIEW DRIVE/VIRGINIA AVPN[JE REFERRED TO
ENGINEERING DEPARTMENT FOR PROCESSING Motion was made by Member Paulus and was
seconded by Member Smith to refer the petition from residents of Valley View Drive
and Virginia Avenue concerning a drainage problem to the Engineering Department
for processing.
Motion carried on rollcall vote, five ayes.
'
PETITION OF KATJBYN AND CONNOR SCHMID. 4711 WEADOW RD. FOR RETAINING WALL REFERRED
TO ENGRJEERING DEPARTMENT FOR RECOMMENDATION Member Kelly made a motion to refer
the petition of Kathryn and Connor Schmid, 4711 Meadow Road, for a wall to retain
fill on the right of way of France Avenue at the rear of their property to the
Engineering Department for review and processing. Motion was seconded by Member
Paulus .
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
MCAL GOVERNMENT ENABLING STATUTES TO BE DISCUSSED AT NEXT MEETING
stated that because of the late hour, the Agenda Item 1X.A. Local Government
Enabling Statutes would be placed on the next agenda for discussion.
Mayor Richards
MAYOR ASKS FOR COUNCIL WEMBER TO WELCOME CHEMICAL HEALTH WORKSHOP ATTENDEES AND
POLITICAL CONVENTION ATTENDEES ON MAY 6
conflicts for May 6, the date of the Chemical Health Workshop and also a political
convention in Edina.
substitute for him and welcome the attendees at these two meetings.
Mayor Richards explained that he had
He asked the Council to let him know if they could
POLICE DEPARTMENT COMPLIMENTED FOR TAGGING VEHICLES PARKED ILLEGALLY Member Rice
complimented the Police Department for tagging vehicles parked illegally at the
Grandview Municipal Store and in getting the vehicles removed.
COUNCIL MEMBERS' ATTENDANCE AT CONFERENCES TO BE DISCUSSED Member Paulus said she
felt it was not good use of City money to send all five Council Members to various
conferences each time.
that are of benefit and those could be shared with other Members by having only
one or two Members attending.
and be visible, but questioned whether there should be a limit as to Members
attending and suggested that perhaps they could rotate.
Mayor Richards agreed that this was a valid concern and suggested that this be
discussed at an upcoming Council Study Session as to a policy on Council
attendance at outside meetings/conferences.
She commented that usually there are only a few topics
She said it was important that the Council attend
COUNCIL'S ATTENTION DIRECTED TO REPORTS ON IMPACT OF TAX INCREMENT FINANCING
DISTRICTS ANb DEER SURVEY Manager Rosland called to the Council's.attention two
reports that had been sent out with the packets: 1) Impact of Tax Increment
Financing Districts, and 2) Deer Survey. He said he hoped the information would
be of benefit and would serve to answer questions that have been asked.
RESOLUTION ADOPTED PROVIDING FOR ISSUANCE AND SALE OF HOUSING DEVELOPMENT
REFUNDING REVENUE BONDS (EDINA PARK PLAZA): PUBLIC HEARING DATE SET
for a proposed refunding of the Edina Park Plaza bonds was presented by Henry
Hyatt, Executive Vice President, Edina Park Plaza of Edinborough. He explained
the major features of the bond refunding as follows:
The request
1. Major .Impact - Reduces interest rate on mortgage from 10.5% to approximately
9.1%.
178 4/17/89
2.
3.
4.
5.
6.
7.
8.
9.
10.
Old bond holders paid off at 100% of principal and interest on bonds.
Approximately 93% of new issue to be rated.
New rated bonds to be sold to institutions.
Eases financial burden from severely overbuilt senior housing market.
New bonds are not a general or moral obligation of the City of Edina;
issuance has no impact on Edina's general credit or taxing powers or
position.
No change in 20% moderate income occupancy requirements or preference for
Edina residents.
No additional city assistance, guarantees, etc. requested.
Interest Reduction Assistance Loan stays in place without change.
No change in ownership or management anticipated.
quality of Edina Park Plaza.
I
No change in services or
.-
Mr. Hyatt concluded with the comment that the bond refunding would ease a
tremendous financial stress condition and that he had no question about the
ultimate success of the project.
Following discussion and with no objection being heard, Member Rice introduced the
following resolution and moved adoption:
RESOLUTION RELATING TO A DETJ?,LOI?MEXT AND ITS
FINANCING UNDER HINNESOTA STATUTES, CHAPTER 462C;
PROVIDING FOR APPROVAL OF DOCUHENTS AND ISSUANCE
AND SATX OF HOUSING DEVELOPMENT REFUNDING REVENUE
BONDS, AND CBI;LING FOR A PUBLIC HEBRING
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as
follows : -.
Section 1. Recitals and Findinrrs.
1.1 By the provisions of Minnesota Statutes, Chapter 462C, as amended (the
"Act"), the City is authorized to plan, administer, issue and sell revenue bonds
or obligations to make or purchase loans to finance one or more multifamily
housing developments within its boundaries, which revenue bonds or obligations
shall be payable solely from the revenues of the development.
The City has heretofore developed and, after due notice and public
hearing, has adopted a housing plan (the "Plan") under the Act.
forth, among other things, the housing needs of the City and methods for meeting
such needs;
purchase a loan or loans to finance one or more developments of the kinds
described in Subdivisions 2, 3, 4 and 7 of Section 4626.05 of the Act, upon
adoption of a program setting forth the information required by Subdivision 6 of
Section 462C.05 of the Act, after a public hearing thereon, and upon approval by
the Minnesota Housing Finance Agency (the "Agency"), as provided by Section
4626.04 of the Act.
This Council has heretofore received a proposal that the City finance
the cost of a multifamily housing development under the Act, consisting of
acquisition of land located at 7800 Pork Avenue in the City and the construction
and equipping thereon of a residential rental facility containing approximately
203 housing units and including functionally related and subordinate facilities
(the "Development").
The City has heretofore caused to be prepared and, after due notice,
public hearing and submission for review and comment, has,adopted a program (the
"Original Program") under the Act relating to the Development. The Original
Program, as adopted on June 17, 1985, has been submitted to the Minnesota Housing
Finance Agency in accordance with Section 462C.05 of the Act for approval as
provided in Section 462C.01 on the basis of considerations stated in Section
462C.04 of the Act, and is deemed approved under the provisions of said Section
462C.04, Subdivision 1.
Pursuant to the Original Program, the City has heretofore issued and
sold its Housing Development Revenue Bonds (FHA Insured Mortgage Loan - Edina Park
I.
1.2.
The Plan sets
1.3. The Act provides that the City may plan, administer and make or
1.4.
1.5.
I
1.6.
~ 4/17/89 179
Plaza Project), Series 1985 (the "Prior Bonds"), and has used the net proceeds of
the Prior Bonds to make a mortgage loan to Edina Park Plaza Associates Limited
Partnership, an Illinois limited partnership (the"Developer"), to finance the
acquisition, construction and equipping of the Development. The mortgage loan has
been endorsed for mortgage loan insurance by the Federal Housing Administration of
the United States Department of Housing and Urban Development.
the Prior Bonds, the Development is required to be occupied for a specified period
of time primarily by elderly persons and in part (at least 20%) by persons and
families of low and moderate income.
and the Development has been partially leased.
not been met, however, and the Developer is in default under the mortgage loan
documents securing the Prior Bonds.
This Council has received a proposal from the Developer that the City
refinance the cost of the Development by issuing its refunding revenue bonds in
one,or more series (the "Bonds"), for the purpose of refunding and redeeming the
outstanding Prior Bonds, in connection with a proposed amendment of the mortgage
loan heretofore made to the Developer and subject to agreement by the Developer to
pay promptly amounts sufficient to pay debt service on the Bonds.
The City has caused to be prepared an amended program (the "Amended
Program") under the Act, pursuant to which it is proposed that the City issue the
Bonds in one or more series and in a maximum aggregate amount of $17,500,000 to
refund and redeem the Prior Bonds in connection with the proposed amendment of the
mortgage loan and the refinancing of the Development.
commercial financing is available to refinance capital costs of the Development
only on a limited basis and at such high costs of borrowing that the scope of the
Development and the economic feasibility of operating the Development would be
significantly affected, but with the aid of municipal financing the operation of
the Development can be made more economically feasible.
Dain Bosworth Incorporated, of Minneapolis, Minnesota (the "Underwriter"), that on
the basis of information available to them and their discussions with the
Developer and potential purchasers of tax-exempt bonds, the Bonds could be sold at
favorable rates and terms to refinance the Development.
1.13.
responsible for the payment of the principal of, premium, if any, or interest on
the Bonds.
1.14. The City has received drafts of a Trust Indenture, a Financing
Agreement, and a Bond Purchase Agreement (collectively, the "City Financing
Documents") and a draft Preliminary Official Statement (the "Preliminary Official
Statement") in connection with the proposed issuance and sale of the Bonds, and
has placed such documents on file in the office of the City Clerk.
1.15. It is hereby found, determined and declared, subject to the provisions
of Section 2.6 of this resolution, as follows:
1.7. Pursuant to covenants and restrictions entered into in connection with
1.8. The construction and equipping of the Development have been completed,
Initial leasing projections have
1.9.
1.10.
1.11. The City has been advised by the Developer that conventional
1.12. This Council has been advised by representatives of the Developer and
The full faith and credit of the City will not be pledged to or
(a) The Development will constitute a multifamily development under
Section 462C.02, Subdivision 5 of the Act.
and finance the Amended Program by the authorization, issuance and sale of
refunding revenue bonds or obligations payable solely from the revenues of
the Amended Program and the Development. The purpose of the Development is
and its effect will be to promote the public welfare and preserve the quality
of life in the City by helping to maintain, provide and preserve adequate
housing stock within the City and to assist persons of low and moderate
income, or elderly persons, or both, to obtain decent, safe and sanitary
housing within the City.
(b) partner, financing for the Development is not otherwise available to the
Developer from private lenders upon terms and conditions which are affordable
by the Developer, such financing being available only at a rate which,
The City is authorized to develop
Based upon representations by the Developer and its general
4/17/89 180
when combined with the cost of operating the Development as well as
noneconomic factors, would impair the feasibility of the Development; the
general partner of the Developer expects that the revenues to be produced by
the rental of units in the Development will be sufficient to meet payments
when due on the amended mortgage loan.
On the basis of the information given the City to date, it appears
that it would be desirable for the City to issue the Bonds under the
provisions of the Act in the maximum aggregate principal amount of
approximately $17,500,000 to refinance the Development and, in Connection
with the acquisition of the amended mortgage loan, to refund and redeem the
Prior Bonds.
Section 2. Amroval and Authorization.
2.1. The Amended Program is hereby approved, and it is hereby found and .
determined that it is not necessary to cause the Program to be submitted to the
Agency for review and approval pursuant to Section 462C.04, Subdivision 2 of the
Act.
hereby determined that it is desirable for the City to proceed with the issuance
of the Bonds in an aggregate principal amount not to exceed $17,500,000, bearing
interest at a rate per annum not to exceed 9.00%, maturing not later than
December 1, 2030, and bearing the further terms and conditions set forth in the
Trust Indenture heretofore filed with the City (as the same may be amended or
completed as hereinafter provided), and the execution and issuance of the Bonds is
hereby approved subject to the provisions of said Section 2.6. Subject to the
provisions of said Section 2.6 and this Section 2.1, authority is hereby delegated
to the Mayor and the City Manager of the City, acting jointly, to determine the
aggregate principal amount of Bonds of each series to be issued, the maturities
thereof and the rate or rates of interest payable thereon, and to cause the Bonds
to be executed, authenticated and delivered as provided in the Trust Indenture
hereinafter approved.
2.3.
of the Bonds to the Underwriter is hereby approved.
Section 2.6 of this resolution, the form of the Bond Purchase Agreement heretofore
filed with the City is hereby approved. The Mayor and the City Manager of the
City are hereby authorized and directed, on behalf of the City, to execute the
Bond Purchase Agreement in substantially the form hereby approved, but including
such changes and completions thereof as may be approved by the Mayor, the City
Manager and the City Attorney, the execution thereof to constitute conclusive
evidence of the approval of such changes and completions. Authority is hereby
delegated to the Mayor and the City Manager of the City, acting jointly, to
determine the aggregate purchase price of the Bonds, provided that the aggregate
compensation to the original purchaser of the Bonds (whether in the form of a
discount, fees or other compensation) shall not exceed an amount equal to 3.00% of
the aggregate principal amount of the Bonds.
2.4.
of the City Financing Documents heretofore filed with the City are hereby
approved.
directed, on behalf of the City, to execute the "rust Indenture and the Financing
Agreement in substantially the form hereby approved, but including such
modifications, insertions and additions as are necessary and appropriate in their
opinion and in the opinion of the City Attorney and consistent with the Act. The
Mayor and the City Manager of the City are hereby further authorized to execute
such additional agreements, documents and certificates in connection with the
Bonds as may be necessary and appropriate in their opinion and in the opinion of
the City Attorney and consistent with the Act.
the Financing Agreement and any such additional agreements, documents and
certificates, vhen executed, shall be delivered, filed and recorded as provided
therein.
additional agreements, documents and certificates by the appropriate officers of
the City shall be conclusive evidence of the approval thereof by the City.
I
(c)
2.2. Subject to the provisions of Section 2.6 of this resolution, it is
,
I Subject to the provisions of Section 2.6 of this resolution, the sale
Subject to the provisions of
Subject to the provisions of Section 2.6 of this resolution, the forms
The Mayor and the City Manger of the City are hereby authorized and
Copies of the- Trust Indenture and
The execution of any of the City Financbg Documents and any such
4/17/89 181
2.5. Subject to the provisions of Section 2.6 of this resolution, the
distribution of a preliminary official statement and a final official statement
with respect to the Bonds to prospective purchasers, in substantially the form
heretofore filed with the City and with such changes, insertions, omissions and
revisions as the Mayor, City Manager and City Attorney shall deem advisable, and
the use thereof by the Underwriter in connection with the offering of the Bonds
are hereby authorized and approved.
2.6. Notwithstanding the foregoing, however, the adoption of this resolution
shall not be deemed to establish a legal obligation on the part of the City or its
City Council to issue or to cause the issuance of the Bonds or execute or deliver
the City Financing Documents. The City retains the right in its sole discretion
to withdraw from participation and accordingly not to issue the Bonds should the
City at any time prior to the issuance determine that it is in the best interest
of the City not to issue the Bonds, or should the parties to the transaction be
unable to reach agreement as to the structuring of the financing or as to the
terms and conditions of any of the documents required for the transaction or
required by the City or the Housing and Redevelopment Authority of Edina,
Minnesota in connection with the transaction. All details of the issuance of the
Bonds and the provisions for payment thereof shall be subject to any required
review and approval of the Amended Program and may be subject to such further
conditions as the City may specify. The Bonds, if issued, shall not constitute a .
charge, lien or encumbrance, legal or equitable, upon any property of the City,
except the revenues of the Development specifically pledged to the payment
thereof, and each Bond, when, as and if issued, shall recite in substance that the
principal thereof, premium, if any, and interest thereon are payable solely from
the revenues of the Development and property specifically pledged under the
revenue agreement to the payment thereof, and shall not constitute a debt of the
City within the meaning of any constitutional or statutory limitation. All of the
findings and approvals contained in Section 1 and 2 of this resolution are subject
to review and confirmation by this Council following the public hearing called
pursuant to Section 3 of this resolution, and to the final approval by resolution
of this Council of the issuance of the Bonds and the execution and delivery of
related financing documents.
,
Section 3. Public Hearing.
3.1. Section 147(f) of the Internal Revenue Code of 1986, as amended, and
regulations promulgated thereunder, require that, prior to the issuance of the
Bonds,' this Council approve the Bonds after conducting a public hearing thereon.
A public hearing on the proposal to finance the Amended Program through the
issuance of the Bonds is hereby called and shall be held on Monday, May 1, 1989,
at 7:OO o'clock P.M., at the City Hall.
in the MinneaDolis Star and Tribune, a newspaper of general circulation in the
City, at least once not less than fifteen (15) prior to the date fixed for the
public hearing.
3.2 The City Clerk shall cause notice of the public hearing to be published
The notice to be published shall be in substantially the
following form:
(Official Publication)
CITY OF EDINA
4801West 50th Street
Edina, Minnesota 55414
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota
(the "City"), will meet at the City Hall, 4801 West 50th Street, Edina, Minnesota,
on Monday, May 1, 1989 at 7:OO p.m. to hold a public hearing on the proposed
issuance of one or more series of refunding revenue bonds in a maximum aggregate
principal amount of approximately $17,500,000 pursuant to Minnesota Statutes,
Chapter 462C, as amended (the "Act"), to refinance an existing multifamily housing
development to be occupied primarily bz elderly persons (the "Project").
rental housing units and including functionally related and subordinate
The Project consists of an apartment building containing approximately 203
4/17/89 182
facilities, is located at 7800 York Avenue in the City and if owned by Edina Park
Plaza Associates Limited Partnership, an Illinois limited partnership.
Any bonds or obligations of the City issued to refinance the Project will be
payable solely from the revenues of the development and shall not constitute a
debt of the City.
the proposed issuance of the refunding revenue bonds.
submit written comments to the City Manager prior to the date set forth above for
the public hearing.
I
All interested persons may appear at the hearing and present their views on
Interested persons may also
BY ORDER OF THE EDINB CITY COUNCIL.
Marcella M. Daehn
City Clerk
AMENDED PROGRAM FOR A 'MTLTIPAMILY HOUSING
DEVELOFMEN!I! UNDER MNNESOTA STATUTES, CHAPTER 462C
1. The City of Edina, Minnesota (the "City") has heretofore issued its
$17,622,800 Housing Development Revenue Bonds (FHA Insured Mortgage Loan-Edina
Park Plaza Project), Series 1985, originally dated as of October 1, 1985 (the .
"Prior Bonds"), the proceeds of which were used to make a mortgage loan to Edina
Park Plaza Associates Limited Partnership, an Illinois limited partnership (the '
"Developer"), to finance the acquisition, construction and equipping of a
multifamily residential rental facility, including functionally related and
subordinate facilities (the "Development"), for occupancy primarily by elderly
persons and in part by persons and families of low and moderate income.
Development is located at 7800 York Avenue in the City, and contains approximately
203 housing units, at least 20% of which will be rented to persons of "low and
Moderate income", under 103(b)(4)(A) of the Internal Revenue Code of 1954, as
amended (the "Code"), and the Regulations thereunder. Initial leasing of the
Development has not met projections and the Developer is in default under the
mortgage loan documents securing the Prior Bonds.
Representatives of the Developer have requested that the City issue one
or more new series of refunding revenue bonds under the provisions of Minnesota
Statutes, Chapter 4626, as amended (the "Act"), in a maximum aggregate principal
. amount of approximately $17,500,000 to refinance all or a portion of the
Development and refund and redeem all or a portion of the Prior Bonds. Title to
the Development would remain in the Developer, and the net proceeds of the
refunding revenue bonds would be distributed to the owners of the Prior Bonds.
The Developer would continue to own and operate the Development as a multifamily
housing facility for rental primarilyto elderly persons and in part to persons of
low and moderate income,'pursuant to existing covenants and restrictions
heretofore entered into in connection with the Prior Bonds.
providing a variety of housing stock throughout the City for persons residing in
the City, including persons of low and moderate income.
refinanced pursuant to this Program has assisted or will assist the City in
certain problems addressed in the Housing Plan, including (a) increasing available
housing stock, and (b) providing decent, sanitary and affordable housing for
residents of the City, including persons of low and moderate income and their
families.
meaning of Subd. 5 of 462C.05 of the Act. The income limitations set forth in
Subd. 2 of 462C.05 of the Act will not apply to the Development since it will be
located within a redevelopment project area under Minnesota Statutes, Chapter 469
(formerly Chapter 462). In addition, as discussed in paragraph 1 of this Program,
at least 20% of the units will be rented or available for rental to persons of lov
and moderate income; that is, with incomes not greater that 80% of the median
family income as estimated by the United States Department of Housing and Urban
Development for the statistical area in which the City is located, currently
approximately $33,850.
The
I 2.
3. The City's Housing Plan serves as a basis for the City's goal of
The Development to be
4. The Development will be a "multifamily housing development" within the
I
4/17/89 183
5. To refinance the Development and refund and redeem the Prior Bonds, the
City intends to issue its refunding revenue bonds pursuant to the Act, in one or
more series and in a maximum aggregate principal amount of approximately
$17,500,000 (the Bonds).
Developer pursuant to a revenue agreement in which the Developer agrees to make
loan repayments sufficient to pay debt service on the Bonds.
special, limited obligation of the City, payable solely from revenues derived from
payments to be made by the Developer under the revenue agreement and any other
sources specifically pledged to the Payment of the Bonds.
secured by a mortgage and security interest in the Development, or by some form of
credit enhancement (which may include one or more letters of credit, insurance on
the Mortgage loan or the Bonds), or by a combination of such security desces.
The City will lend the proceeds of the Bonds to the
The Bonds will be a
The Bonds may be
Adopted this 17th day of April, 1989.
ATTEST :
City Clerk
Motion for adoption of the foregoing resolution was duly seconded by Member Paulus
and upon vote being taken thereon, the following voted in favor thereof:
Kelly, Paulus, Rice, Smith, Richards
and the following voted against the same:
None
whereupon the resolution was declared duly passed and adopted.
CLAIMS PAID
approval of payment of the following claims dated 4/17/89: General Fund
$335,593.87, Art Center $3,184.25, Capital Fund $13,047.81, Golf Course Fund
$19,059.13, Recreation Center Fund $113,716.24, Gun Range Fund $251.69,
Edinborough Park $14,288.27, Utility Fund $29,497.78, Liquor Dispensary Fund
$95,431.48, Construction Fund $605.00, IMP Bond Redemption #2 $23,070.52, Total
$647,746.04, and for confirmation of payment of Claims dated 3/31/89: General Fund
$598,659.23, Art Center $610.93, Swimming Pool Fund $84.16, Golf Course Fund
$13,588.01, Recreation Center Fund $12,800.12, Gun Range Fund $127.58, Edinborough
Park $12,381.48, Utility Fund $22,988.46, Liquor Dispensary Fund $252,880.10,
Total $914,120.07
Motion was made by Member Paulus and was seconded by Member Smith for '
I
Motion carried on rollcall vote, five ayes.
There being no further business on the 'Council agenda, Mayor Richards declared the
meeting adjourned at 12:22 p.m.
.
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City Clerk