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HomeMy WebLinkAbout19900416_regular.I 3 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL BELD AT CITY HBI;L APRIL 16, 1990 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. COMMENDATION PRESE"J!ED TO REPRESENTATIVE MARY FORSPTHE Smith and was seconded by Member Paulus for adoption of the following commendation: WJBREU, Mary M. Forsythe was elected to the Minnesota House of Representatives as a Representative from the City of Edina in 1972; and WHEREAS, during those eighteen yers in public office, Mary M. Forsythe has served on the following committees: Appropriations, Human Services Division, Commerce, Tourism, Judiciary, Ways and Means, Legislative Commission on Planning and Fiscal Policy; and kEREAS, Mary M. Forsythe was the first woman to serve as Chair of the full Appropriations Committee; and WHlW91SJ the mandatory seat belt law, authored by Mary M. Forsythe, has seen far-reaching effects and will continue to save lives; and WHEREAS, during her years of public service, Mary M. Forsythe had contributed greatly to the well-being of the State of Minnesota and to the Legislative District that she served; and WHEREAS, Mary M. Forsythe has deservedly held the respect and regard of the residents of the City of Edina. NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express its appreciation to MARY M. FOBSPTHE for her unselfish and dedicated services as a member of the Minnesota State Legislature; and BE IT FURTHEX RESOLVED that this resolution be entered into the Minutes of the Edina City Council and that an appropriate copy be presented to her. Motion was made by Member COMMENDATION Motion for adoption of the commendation carried unanimously. DISABILITY AWARENESS WEEK PROC-D seconded by Member Paulus for adoption of the following proclamation: WHlW9lS, many individuals with disabilities are living independently in our community and are participating in educational, social, religious and recreational activities; and WHEREAS, a significiant effort is being made Statewide to eliminate barriers for persons who are disabled in the areas of employment, housing, transportation, education, and public accommodations; and WIIEREBS, City officials and school administrators desire public awareness as to the issues and concerns facing persons who are disabled; and WHEREAS, residents of our community need to become more aware of the talents and abilities of persons who are disabled; 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 individuals who are disabled 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 22-28, 1990 as in Edina. to the needs and abilities of persons with disabilities. Motion was made by Member Kelly and was DISABILITY AWARENESS WEEX DISABILITY AWARENESS 'REEK Further, I urge all residents of our City to be more open and attentive Motion for adoption of the proclamation carried unanimously. RESOLUTION ADOPTED FOR EARTH DAY a990 seconded by Member Kelly for adoption of the following resolution: Motion was made by Member Smith and was 4 4/16/90 RESOLUTION WHEREAS, almost twenty years ago, more than twenty million Americans joined together on Earth Day in a demonstration of concern for the environment, and their collective action resulted in the passage of sweeping nev laws to protect our air, water and land; and WHEREAS, in the nineteen years since the first Earth Day, despite environmental improvements, the environmental health of the planet is increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Growing World Population, Tropical Deforestation, Ocean Pollution, Toxic Wastes, Desertification, and Nuclear Waste requiring action by all sectors of society; and WHEREAS, Earth Day 1990 activities and events will educate all citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting more ecologically sound lifestyles; and WHEREAS, Earth Day 1990 will educate all citizens on the importance of buying and using those products least harmful to the environment; and UJEREAS, Earth Day 1990 will educate all citizens on the importance of doing business with companies that are environmentally sensitive and responsible; and 'RHEBEBS, Earth Day 1990 will educate all citizens on the importance of voting for those candidates who demonstrate an abiding concern for the environment; and WEEREAS, Earth Day 1990 will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment. NOW, THEREFORE, BE IT RESOLVED that the City of Edina designate and proclaim April 22, 1990, as Earth Day 1990, and that that day shall be set aside for public activities promoting presemtion of the global environment and launching the "Decade of the Environment". ~ Motion for adoption of the resolution carried unanimously. CONSENT AGENDA ITEMS ADOPTED Member Kelly to approve and adopt the consent agenda items as presented with the exception of the removal of items V1.E - Retaining Wall for Braemar Golf Course Lesson Area and VI.G - Mill Pond Weed Hanrestlng. Motion was made by Member Smith and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF REGULAR MEETING OF 3/19/90 APPROVED Motion was made by Member Smith and vas seconded by Member Kelly to approve the minutes of the regular meeting of March 19, 1990. Motion carried on rollcall vote, five ayes. FINAL REZONING TO PSR-4 SENIOR CITIZEN DISTRICT AND ELDER HOMESTEAD PLAT APPROVED (WALKEX METHODIST AND RPI SERVICES. INC.) approved and ordered place on file. Affidavits of Notice were presented, Presentation bv Planner Methodist and WI Services, Inc. for final rezoning to PSR-4 Senior Citizen District and approval of the plat for Elder Homestead for property located in the northwest quadrant of Parklawn Avenue and York Avenue. considered was in the middle of 1989. On May 31, 1989 the Community Development and Planning Commission heard the request for final rezoning and final plat approval for the project which proposed an 80-unit assisted living elderly three story building. The proposal now before the Council is essentially the same as was heard in 1989; however, the unit count has been reduced back to the original request for 72 units. Those units will be taken out of the central portion of the building leaving the footprint and design of the building essentially the same as proposed previously. Planner Craig Larsen presented the request of Walker The last time this was I . 4/16/90 5 On June 5, 1989, the City Council heard the request of RPI Services, Inc. for tax increment financing and tax exempt revenue bonds for the Edina Homestead project. The request was for an annual tax increment subsidy of $70,000. In addition, the developers requested a tax exempt bond issue to finance the project. time, Walker Methodist has replaced Ebenezer Society as the proposed owner and manager of the facility. Walker Methodist and RPI have dropped their request for tax increment assistance but continue to request tax exempt revenue bonds for the pro j ect . The project concept is assisted living for the elderly and is considered between a senior citizen apartment and not as much care as provided by a nursing home. Staff has expressed a concern that the proposed project may compete with other elderly projects in the City which have been financed with housing revenue bonds, i.e. Edina Park Plaza and Vernon Terrace. in default. avoid a default in that project. The concern, therefore, has been that of providing public financing for a market segment that appears to be over-built at this time. Since that The Vernon Terrace project is presently Also, the City approved a bond refunding for Edina Park Plaza to In response to those concerns, Walker Methodist has prepared a Market Feasibility Analysis for the project. The market study distinguishes the project from other types of elderly housing options, namely nursing care facilities and independent congregate facilities. assisted living market in the Edina area. . It concludes that the proposal responds to an underserved The proposed project has many positive aspects. It would facilitate a land exchange between 7500 York and the Hedberg property which has been in the planning stages for several years. It would provide a very positive contribution to the tax increment cash flows in the Southeast Edina area. The withdrawal of the request for tax increment financing assistance is also very positive. However, the differences between this project and other elderly projects in the City are very subtle. without negative consequences to other assisted projects in the City. The policy question, therefore, is whether or not the City should offer tax exempt financing to a project that may adversely affect other projects that also receive such tax exempt assitance. Staff is not convinced that approval for this project will be If the project is to go forward the following actions would be required: 1) Final rezoning to PSR-4 Senior Citizen District, 2) Final plat approval, conditioned upon the land exchange, and 3) Council direction to proceed with tax exempt revenue bonds for the project. The bonds would be backed solely by the revenue produced by the facility and would not be general obligation bonds of the City. Presentation bv Proponents Larry Johnson, Executive Vice President, Walker Methodist, stated that the proposed project is for 72 units in a three-story brick veneer building to serve'the frail elderly and would fall between independent apartment and nursing home living. project since August of 1989 when they were approached by RPI Services/Craig Avery to become involved in the project. serving seniors for 45 years in housing projects locally and also nationally. Projects have ranged from independent living, to assisted living, to nursing homes. of directors comprised of 37 individuals from the metropolitan area. Walker Methodist's role is to bring their expertise and experience to the project. The project would be marketed and managed by Walker Management, Inc., would be a non-profit type of ownership, and would open for occupancy the summer of 1991. The developers feel.that there is a demand for this type of housing and also that it is different from other types of elderly housing options in Edina. Walker Methodist has been looking at the Walker Methodist has been in the business of Headquarters are at 37th Street/Bryant Avenue, Minneapolis, with a board 4/16/90 James Hesketh, Chairman of the Board, Walker Methodist, stated that ten years ago the board made a decision to grow. Since then they have developed eight projects in the Twin Cities area to care for seniors beginning with those who need minimum services to those in need of the most care. However, they feel there is an obvious gap in their services which they would like to address, e.g. those individuals in the 75 to 90 age group who don't quite fit in an independent living facility or a nursing home. Nellie Johnson, Director, Walker Health Services, explained how the Edina Elder Homestead Project would differ from independent apartments and nursing homes in relation to case management, meal plan, housekeeping, laundry, activities, personal care and transportation. Michael Starke, President, Michael J. Starke & Associates, spoke to the Market Feasibility Analysis he had prepared for Edina Elder Homestead. The market area boundary on the west is Highway 169, on the east Highway 35W, on the north to Lake Calhoun and on the south to the Minnesota River. The project would expect to draw about 70 percent of its residents from this base. Approximately 30 percent of the elderly households in this market area are Edina residents. It is estimated that when Edina Elder Homestead is in place 40 to 50 percent of the residents will actually be Edina residents or will have adult children living in Edina. estimate is based on the lifestyle, age, and income profiles of those Edina households. as follows: 1) Households in the market area with a member need assisted and receiving it from a formal care giver - 127, 2) Persons in nursing homes not requiring skilled or intermediate care - 205, and 3) Persons age (75+) and income qualified ($20,000+) living in households headed by householders under 65 years of age - 33. To fill the 72 units Edina Elder Homestead would need to capture about 1 in 8 persons that are age, income and need qualified, that are likely to select care from a formal care giver. Keith Jans, Director of Capital Development, Walker Development, summarized the financing program for the Edina Elder Homestead project as follows: 1) No longer requesting tax increment financing, 2) Assist with land exchange, 3) Requesting City to issue tax exempt 501(c)3 bonds in the amount of $6.8 million, bonds to be secured by the revenues from the.project, 4) Bonds to be privately placed with a bond fund, 5) Minimum denomination of $100,000, and 7) No secondary market. This Three primary inputs were used for the analysis which showed net need I Council Comments sufficient revenues from the project to retire the bonds. the bond funds currently require the developers to put in place a one year debt service reserve fund. required for the life of the project as part of the bond transaction. Member Smith asked for clarification as to the status of the ownership corporation. Mr. Jans said that the parent corporation, Walker, is a non-profit corporation and that the ownership entity of this project would be a non-profit 501(c)3 corporation. The for-profit elements of Walker provides services to the non-profit organization. contract with the for-profit company. Mr. Jans said the contract for the management portion is three years; the marketing portion runs until the project occupancy is stabilized at 93%. The contract for the development services would be in place while the project is properly zoned, designed, constructed and Mayor Richards asked what would happen if there are not Mr. Jans explained that There is also an unconditional operating deficit guarantee Member Smith asked for the length of the service financed. Member Rice asked the following questions: 1) If Walker Methodist has any relationship with 7500 York, 2) If any of the units would be other than market rate, and 3) Who would be at risk financially for the project. that at the present time they do not have a formal relation with 7500 York. Mr. Jans responded All 4/16/90 7 units would be market rate. The financial risk would be that of Walker Methodist, Inc., the parent corporation. Mayor Richards asked if there would be any fees if the project were approved. Assistant Manager Hughes said there would likely be a fee negotiated in connection with the bond issue itself. The normal subdivision dedication fee for this property was paid along with the Centennial Lakes subdivision fees. Member Rice asked how many parking spaces are provided for the project and if the building could ever be used for anything else. limited number of parking spaces because it is perceived that the majority of the residents will not own cars. except senior citizen residence. If another use were ever proposed, the Council would have control through the rezoning process. Planner Larsen said there are a The zoning would preclude it from any other use Member Paulus asked if this type of housing is designed for a more permanent living arrangement versus a temporary situation requiring assisted living services. Mr. Johnson said that was correct. Public Comment Edward MacGaffey, 7500 York, stated that he was a member of the 7500 York Board of Directors and the Board had asked him to present a statement relative to the proposal being considered. endorses and supports the proposal for an assisted living complex. land exchange is also strongly endorsed as it would relieve 7500 York of Outlot A and would provide for a badly needed extension of their present underground garage for resident parking. A lesser factor for endorsement of the proposal is that some of the 7500 York residents have needed temporary convalescence in an assisted living setting. There is support for a care-giving facility physically closer than what has been available. In summary, 7500 York strongly The proposed There being no further public comment, Mayor Richards summarized the issues for Council action as follows: 1) Final rezoning to PSR-4 Senior Citizen District, 2) Final plat approval, conditioned upon the land exchange, and 3) Council direction relating to tax exempt revenue bonds for the project. Member Kelly introduced Ordinance No. 825-A27for Second Reading and adoption as follows : ORDINANCE NO. 825-A27 AN ORDINANCE AMENDING !J!HE ZONING ORDINANCE (NO. 825) BY REZONING PROPERTY TO PSR-4 PLANNED SENIOR RESIDENCE FROM PRD-4 PLANNED RESIDENCE DISTRICT TEIE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS; Section 6 of Ordinance No. 825 of the City is amended by adding the following thereto: Section 1. "The extent of the Planned Senior Residence District (Sub-District PSR-4) is enlarged by the addition of the following property: Outlot A, Ebenezer Society 1st Addition The extent of the PRD-4 Planned Residence District is reduced by removing the property described above from the PRD-4 District." I Sec. 2. This ordinance shall publication. ATTEST : 3?lttccRlh% be in full force and effect upon Mayor .- City Clerk Motion for adoption of the ordinance was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. 4/16/90 Member to the Smith introduced the following resolution and moved its adoption, subject I land exchange: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR ELDER HOMESTEBD BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "ELDER HOMESTEBD", platted by Walker Methodist, Inc. and presented at the regular meeting of the City Council of April 16, 1990, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Rice. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. (Revised Final Plat Resolution adopted 12/2/91) Ifember Smith introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby directs the City Attorney and staff to prepare preliminary documents calling for the sale and issuance of $6.8 million tax exempt 501(c)3 bonds for the Elder Homestead Project. Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. FINAL DEVELOPMENT PLAN FOR 7101-13 AHUNDSON AFlENoE NOT APPROVED Planner Larsen recalled that the proposal of George Kosmides for final development of 7101-13 Amundson Avenue was heard several months ago and had been continued because of concerns raised by the Council and also pending the outcome of tax increment studies at West 70th Street and Cahill Road. Although the development concept for the 70th and Cahill tax increment district that had been created does not directly impact this property, inclusion of this parcel in a redevelopment is not precluded. I The subject property is approximately 3.5 acres in area and is developed with a single story warehouse building on the easterly portion of the site containing 37,500 square feet of floor area. construct an additional single story office-warehouse building which would contain 15,000 square feet, south of Amundson Avenue. immediately adjacent to the new building; also some parking may need to be provided through cross-easements with the existing parking for the easterly warehouse building. The proponent is requesting permission to Parking will be provided Presentation bv Proponent Frank Reese, architect, stated that he was representing the proponent, George Kosmides. project which illustrated the relatively small building proposed to be constructed. Mr. Reese pointed out that no variances are requested, the proposed building meets the zoning requirements and additional landscaping will be planted. The proponent had asked him to design a building that would be more durable and that would fit in with the commercial district to the north. Building materials proposed were face brick walls, aluminium window frames and glass, 20-year metal panels on the front and stone panels at the entrances to the building. He made a board presentation of the proposed Council Comments be adequate for the specific site. Mr. Reese said parking would be provided on three sides of the building and as proposed would meet the zoning ordinance requirements of one parking space for each 400 square feet of floor area. Rice asked how much would be used as office and if any of the space would be for retail uses. parking would support 30-40% of the space as office but at this time they do not Mayor Richards questioned whether the parking as proposed would Member Mr. Reese responded that there would be no retail use. They felt the 4/16/90 know what mix of tenants they will actually have. without knowing who the tenants will be it is difficult to determine if the parking will be adequate and meet ordinance requirements. that the owner of the building will have to make sure that as space is leased the uses will be compatible with the parking so that the last tenant will have adequate parking also. would not be adequate for the future. market would see very little of the space used as warehouse; that it is too much for that piece of property and the City would be asking for trouble if approved as proposed. Mr. Reese said an alternative would be to vacate Amundson Avenue and cul-de-sac it from the north thereby providing 75 parking spaces for the site. Paul Kosmides said he agreed that it is valuable property but to let it sit empty seems inappropriate also. of tax increment financing, which will not be the case for the retail area to the north where the City has recently created a tax increment district. He urged the Council to support the proposal. Mayor Richards argued that Mr. Reese countered Member Paulus said she was concerned that the parking Member Rice said that he felt that the He said the project is being proposed without the use George Kosmides, proponent,' submitted that when the property is taken as a whole it qualifies for all the parking requirements of the City. He said he had surveyed the commercial area to the north which has retail, offices and a restaurant totaling 40,000 square feet with a total of 169 parking spaces provided and did not understand why the Council felt parking was inadequate. Mr. Kosmides explained that the type of requests he has had from businesses was for 1,000 square feet of office and 1,500 square feet of warehouse that would have two to three employees working for them. He asked that the Council approve the project. Planner Larsen clarifed that variances would be required for the project, a 10-foot parking setback variance along Amundson Avenue where 20 feet is required, and a 10-foot setback variance on the south side of the building. Member Smith questioned what would happen regarding the parking if the buildings were sold separately. staff would recommend the execution of cross easements for parking. Planner Larsen said if that were to happen in the future Mayor Richards commented that he could not support the proposal without some kind of proof of parking agreement before the fact rather than after. because this is a speculative building he felt that there would be parking problems in the future if this was approved. Member Rice said he concurred and that he could not support the parking setback variance and the present proposal. Member Rice made a motion to not approve the Final Development Plan for 7101-13 Amundson Avenue as presented. reason that the parking issue has not been resolved. He said that Motion was seconded by Mayor Richards, for the Rollcall: Ayes: Paulus, Rice, Smith, Richards Nays: Kelly Motion carried. NO ACTION TAKEN ON SECOND READING OF ORDINANCE NO. 825-A34 TO REPEAL HERITAGE PRESERVATION OVERLAP DISTRICT: FINAL REZONING TO PRD-2 PLAZJNED RESIDENCE DISTRICT: AND FINAL PLAT FOR HIGHCROFT (RON CIARK DEVELOPMEXT): REFERRED TO STAFF AND PLANNING COMMISSION meeting the Council had given preliminary approval for the development of property generally located south of West 70th Street and west of Cahill Road which included the following actions: 1) First Reading of Ordinance No. 825-A34 To Repeal the Heritage Preservation Overlay District, 2) Preliminary Rezoning to PRD-2 Planned Residence District, and 3) Preliminary Plat Approval for Highcroft. The following six issues were identified that needed to be addressed prior to final approval: Planner Craig Larsen recalled that at the March 19, 1990 10 41 16/90 1. Guest parking for the townhouses. The developer believes, based on other similar projects, that adequate guest parking is provided. Additional surface parking would reduce landscaping and green space. Staff would agree with this position. add spaces if it becomes necessary in the future. 2. grading and erosion control plan. City Engineer. permanently protect the steep slopes on the single family portion of the plat. 3. Department. Access for ambulance and fire trucks is accommodated. 4. Conceptual plan to commemorate the historical significance of the comer. The proponent's architect has submitted three concepts which include elements requested by the Park Department and the Edina Historical Society. All could be accommodated without changing the site plan for the townhomes. a) the southeast corner of the townhouse development, b) the northeast corner of the townhouse development, and c) east across Cahill Road on commercial property. Following Council action these options would be referred to the Historical Society and the Heritage Preservation Board. commemorative marker will then be brought back to the Council. 5. Lot 7 of the single family plat. presented would not set a precedent and would recommend approval. Lot 7 is a result of the shape and topography of the site. lot and adjacent lots would not create a neck lot situation where one home is constructed in what appears to be the rear yard of adjacent lots. will result in a typical side yard to side yard relationship. views will not be compromised. 6. grading plan and has determined that the development will not cause a site line problem at the intersection. The Community Development and Planning Commission considered final rezoning plans for the townhouses to PRD-2 at its meeting of March 28, 1990. included final grading and utility plans and a landscaping plan and schedule. site plan is unchanged from the plan given preliminary approval by the Council. The Planning Commission recommended approval of the final rezoning. Council action required for the development to go forward would be: 1) Second Reading of Ordinance No. 825-A34 To Repeal Heritage Preservation Overlay District, 2) Second Reading of Ordinance No. 825-A35 To Add to the Planned Residence District, PRD-2, and 3) Final Plat Approval for Clark's 2nd Addition, which includes 13 single family lots, 21 townhouse lots and an outlot for the common spaces in the townhome component. Staff would recommend final plat approval, subject to: a) Recorded conservation restriction on steep slopes of single family lots, b) Subdivision dedication based on a raw land value of $1,800,000, and c) Executed developer's agreement. However, the Council may wish to impose a proof of parking agreement to Grading plan to control runoff and erosion. The developer has submitted a The plan has been reviewed and approved by the The developer has also agreed to a conservation easement to Emergency vehicle access. The site plan has been reviewed by the City's Fire The locations are: Their recommendation for location of the Staff believes approval of Lot 7 as The shape of Development of this Development Private spaces and Site lines at Villase Drive. The City Engineering Department has reviewed the These plans The Mayor Richards asked for comments from the developer. Ron Clark, proponent, said he had nothing to add to the presentation. Council Members had received copies of all letters from neighboring residents concerning the subject development. commented on the six issues as stated previously. concepts and locations to commemorate the historical significance of the corner were presented and discussed. Mayor Richards then called for public comment on the overall development proposal. Mayor Richards advised that the The Council then asked questions and Boards illustrating the three Public Comments Henry Rutledge, 5501 Village Drive, expressed concern about losing green spaces in the area and adequate landscaping for the development. Linda Smithson, 5608 W. 70th Street, asked how the historical marker would be accessed by pedestrians and 4/16/90 11 vehicles. Lowell Swanson, Edina Highpointe, suggested that public parking be made part of the plan for the historical marker. Ted Steen, 5524 W. 70th Street, asked that the Council give consideration to the taxpayers in the neighborhood of whom 90% object to the townhouse portion of the development. Mr. Aksoy, 5600 W. 70th Street, said that there are 180 neighboring residents who are strongly against the project because of the density. Linda Smithson, 5608 W. 70th Street, resubmitted the list of 180 signatures of neighbors who did not approve the density of the townhomes going into the project. Mile McNally, 7001 Lanham Lane, mentioned that the townhouses would add to the heavy traffic already in the area and asked the Council to reconsider its prior action for preliminary approval. Lawrence, 5701 McGuire Road, said he was concerned about the increased traffic from the townhouses, the increased density and covering up of precious green space. He urged the Council to postpone a decision and look further at the proposal. Dale Kiedrowski, 5704 W. 70th Street, said he took exception to staff’s position that the single family Lot 7 would not be a neck lot situation. opposite would be true; if he were the owner of Lot 8, the house on Lot 7 would basically be in his back yard. John Helland, 5720 McGuire Road, said he also was concerned about the density of the proposal. was unique and open space should be preserved. should be provided to Lewis Park. Jonathan Peterson, 7029 Lanham Lane, said he was against the proposal because of the density and lack of green space. Thurl Quigley, 5804 W. 70th Street, mentioned that no parking is allowed on West 70th Street or Cahill Road which will be a problem for the historical marker area and guest parking for the townhomes. Also, the development will add to the traffic problems on West 70th Street and Cahill Road. utilizing the space and should be referred back to the Planning Commission for further study. Trudy Meloche, 5820 W. 68th Street, asked that action not be taken at this meeting so that individuals who have just learned about the proposed development can be heard. Charles The Also, he felt that the wooded area Further, some pathway access Further, the proposal is over Council Comments Mayor Richards said it might be helpful to frame the discussion as to options available. The Council is charged with representing all the taxpayers of the community. Regardless of the decision, it is made by five members of the Council who do listen to the public comments that have been made. that the proposed development is too dense and that there should be more green space in that area or that the property should be held as open space with no development. fiction and review what has gone on with the subject property. It has been suggested To put this into focus it is necessary to separate facts from The Southwest Edina Plan, adopted in 1971, and the Comprehensive Plan suggested that the subject property be developed as quasi-public (school) and medium density (12 units per acre). reaffirmed that the property be shown as quasi-public (school) and medium density residential. The school was built in 1947 and in 1983 the school district sold the school property to private ownership which operated the private Montessori School from 1984 to 1989. A decision has been made that the property should no longer function as a school, public or private, and that the school will be closed. The City Assessor carries a value on the property of $1.8 million and if the City were to own that as open space, which now is private property, it likely would have to pay that as a minimum price to acquire it. In 1981 the Council reviewed the Comprehensive Plan and The City Council in 1987 again reviewed the Edina Comprehensive Plan and rejected any type of proposed rezoning for future development as commercial but looked at several types of multi-family development on the subject site, including townhomes. designated as quasi-public and medium density. The proposal before the Council is for: 1) a single family development of 1.5 At that time, the Council reaffirmed that the property should be 12 4/16/90 units per acre which is the lowest density in the neighborhood, and 2) 5 units per acre for the townhouse portion of the development, the lowest density for multi-family in the area. Mayor Richards concluded by saying that in serving all the citizens that it is not realistic to talk about no development on this property. irresponsible for the Council to say there would be open space for this entire tract at an acquisition cost of $1.8 million at'a minimum in light of the existing open space in the southwest area of the City. Uhat the issue boils down to is whether the proposed density for the mixed development, e.g. single family detached and single family attached, is appropriate for the property. It would be Member Kelly commented that, although she was not present when preliminary approval was given to the proposed development, she has been involved with the subject property for a long time and has been under the assumption that this was always R-1 zoning. family development. In looking at this from a social viewpoint, Edina has 12,880 single family homes and with Centennial Lakes will have 8,000 multi-family units. She felt that the City is getting off balance with 60% single family versus 40% mu1 ti- family . Therefore, it is difficult to consider moving away from single Member Kelly said that another big issue is the traffic in the area. feels there has to be some multi-family units on the easterly portion of the development but there is too much density and not enough green space to preserve the integrity of the single family neighborhood. said she could not support the development as proposed. She said she For those reasons, Member Kelly 8 Member Paulus said that she felt the density issue as presented at this meeting by the residents has been much more persuasive that it had been at the prior hearing. She concurred that the townhouse portion of the proposed development is too dense. The immediate area has very little open space because of the number of multi-family units that have been built there. Member Paulus stated, however, that she could not endorse any policy to keep the property as green space because the City does not have the tax dollars to support a park there. would be to reduce the density of the townhouses. presently proposed at 21 and also site a historical marker on the property would be disrespectful as to the historic significance because there would not be enough room for both. the townhouses or that it be referred back to the Planning Commission to be reworked. A compromise To keep the townhouses as She suggested that either the proponent withdraw the proposal for Member Smith observed that approval of the proposed rezoning would require four votes. He suggested that this be referred back with the Council's comments although he did not agree with all that had been said. observation made that the Council Members do listen to the comments that have been made by the residents, have read the minutes of the Planning Commission, and do understand the issues that have been raised. However, the area will change and the property will eventually be developed. He reiterated the Member Rice said it was apparent that the proposal as presented would not pass and that he was frustrated by the actions of both the developer and the neighbors. To insinuate that the Council does not do its homework, does not visit the site, does not talk to the neighbors, etc. is off base. The comments regarding the problems at the Highpoint development are believed, but whether the developer misled the residents is not for the Council to determine. Further, the City may have contributed to the confusion of the neighborhood regarding the subject property with the Heritage Preservation Overlay District. before approval should not have happened. Advertising of the project 4/16/90 13 Relative to the historic significance, Member Rice said he was less concerned about that issue than ever. bused to the historical marker because they could see the original Cahill school building now located at Tupa Park and learn about the early history of Edina through the current on-going program there for students. original site of the old St. Patrick's church was at 70th Street and Wooddale. He would not be in favor of school children being He mentioned that the With regard to the issue of traffic, Member Rice said he felt the neighborhood was wrong. Any other use of the property, including the existing use, would generate more traffic than what is being proposed. units per acre is not excessive although he did not like some of the massing. Also, that he would like to see the landscaping plans in detail, but otherwise was in favor of the proposal. He said the proposed density of 2.5 Member Kelly then made a motion to refer the proposal for the townhouses back to staff and the Planning Commission for review, specifically as to the nine units adjoining the single family portion of the development. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PRELIMINARY REZONING~APPROVAL TO PCD-2 FOR PROPERTY AT 4916 FRANCE AVENUE CONTINUED TO 5/7/90 placed on file. Affidavits of Notice were presented, approved and ordered Presentation bv Planner - Planner Larsen presented the request of Semper Holdings, Inc. for preliminary rezoning from PCD-4 Planned Commercial District to PCD-2 Planned Commercial District for property generally located at the northwest corner of France Avenue and West 49 1/2 Street. is developed with a Mobil Oil gas station, and the gross site area is 18,917 square feet. A petition has been submitted to rezone the property from PCD-4 to PCD-2, the general retail rezonng carried by most properties in the 50th and France Commercial District. Walgreens drug store would be constructed. He presented graphics showing the elevations of the building noting that exterior materials would be face brick. The subject property is zoned PCD-4 and I I The existing gas station would be removed and in its place a In a Planned Commercial District building parking setbacks are required only from a property line which is a boundary of the district. In this case, setbacks are required only from the north boundary line. The proposed redevelopment provides the required 10-foot parking setback and exceeds the required 25 foot building setback. The proposed building has a gross floor area of 11,300 square feet, which includes a 3,000 square foot basement storage area. parking spaces for a retail building of this size. The proposed site plan would provide 16 on-site parking spaces. requested. Planner Larsen explained that in 1977 the HRA adopted a policy which would allow expansions and redevelopment of properties within the commercial area. The policy would allow the use of public parking facilities to support buildings with a floor area ratio of 1.0 or less. The proposed building has a floor area of 0.6 and thus, it conforms to current HRA policies regarding expansions. The Zoning Ordinance requires 70 Thus, a 54-space parking variance is All commercial properties in the 50th and France Commercial Area were assessed a portion of the cost of public parking facilities. Some were charged on existing floor area, assuming no expansion; others were assessed for expansion potential. This property was not assessed for expansion potential. policy to assess for expansion based upon net additional demand placed on public parking facilities. In this case, approximately $10,700 would be assessed to help It has been City-HRA c 14 4/16/90 help pay the cost of providing public parking. . The proposed plan is the smaller of two prototype floor plans being developed in the area for Walgreens. spaces. With the 16 spaces provided and the availability of public parking nearby, staff believes that parking has been adequately addressed and would recommend approval of the parking variance. The building and its finish materials and design are compatible with the 50th and France design framework and it is felt that the store will be a plus to retail activity along West 49 1/2 Street. would recommend approval of the rezoning, subject to: 1) Final Rezoning, 2) Approval of landscaping along north property line, and 3) Payment of public parking assessment prior to issuance of a building permit. The Community Development and Planning Commission considered the proposal at its meeting of March 28, 1990. The Planning Commission recommended approval, subject to the staff conditions and the recommendation that the driveway at West 49 1/2 Street (one way out) be amended from the proposed 20 feet to 12 feet to allow more space for landscaping and truck delivery. Typically, the stores have between 15 and 25 parking Staff Presentation for Proponent - David Runyan, stated that he was representing the proponent, Semper Holdings, Inc. He said that Semper has been working with Walgreens over the past four years to develop a number of their facilities. In the last few years they have been looking for a suitable site in the Edina area. After viewing the proposed site and looking at the demographics, this is the first site that has been approved by Walgreens in Edina. Bernard Murphy, owner of the Mobil Oil site, has signed a purchase agreement to sell the site to Semper, contingent on Council approval of the project. a one mile radius. their stores; this is the smaller of the two. Walgreens market area generally is As mentioned, Walgreens has two prototype floor plans for The proposed site is an urban site, not a free standing suburban site. they had to look at the placement of the building on the site. important that the building engage the streetscape so that it picked up the flavor of the 50th and France commercial area. and also it would be very difficult to meet the parking as laid out because a 25-foot setback is required next to a residential area. As such They felt it was To set it back would not be appropriate The design intent for the building is to play off the character of the Stanchfield building which has the most character of the buildings in the area. That building has a series of piers, glass fronts, and lighting fixtures on the piers. It is the proponent’s intent to pick up the same kind of motif and module on essentially three sides of the building. Typically, for this size building, Walgreens has found that 15-20 parking spaces is adequate. Their traffic does not come in waves or peaks but comes sporatically all day long. People come, park, go in the building, purchase a few items and leave again. It is apparent that this site could never support parking for 70 cars. considered but the results would be loss of parking or building size, making it not feasible economically. standpoint it would normally be positioned closest to the parking. standpoint of how is joins the community, it is aimed at 50th & France which gives it more of a presence and picks up some of the foot traffic that would occur along France Avenue. Several alternatives for setting the building back on the site were Regarding the entry to the building, from a practical From the The landscaping on the north side of the building would be coniferous so that it would remain green. There is also a small potential for landscaping at the exit drive onto 49 1/2 Street. it will not appear to be a two way (in/out) drive. The reason for necking the exit drive down is so that The security lights for the 4/16/90 15 building will be designed so that it will not affect the residents to the north. It is felt that this building could be an very handsome addition to the 50th and France area. Council Comments - Member Smith said he, personally, did not like the protype design that Walgreens is proposing to construct on the site. that that the design is driven by the fact that there must be wall area for merchandise inside of the building. that will go to 10 feet. Along the 49 1/2 Street side there will be windows at 8 feet that will allow merchandise to appear below the window. the building there will be some brick patterning which together with the lighting will soften the solid wall. Mr. Runyan explained I The front of the building will have windows On the north side of Member Smith asked how many employees there would be, how the public parking assessment of $10,700 compares to what was paid by the Edina Theatre, and said he was concerned about northbound cars wanting to go to Walgreens stacking on France Avenue at 5:OO p.m. With regard to the public parking assessment paid by the Edina Theatre, Planner Larsen said that assessment was based on constructing an extra level for the theatre. Mr. Runyan said there would be 5 to 6 employees at the store. Member Paulus questioned where the employees of Walgreens would park. She said that, presently, parking for employees is the biggest problem facing the merchants now at 50th and France and that this will compound the problem. added that she also was concerned about the entrance off of France as cars would stack up and block traffic. Member Paulus Member Rice asked what the rationale was for the parking variance and if this was considered a new principal use. for use of public parking to meet off-street requirements in certain cases. the past the HRA policy has prevailed which would allow a variance to the requirements for parking. Planner Larsen said the Zoning Ordinance provides In Member Rice also asked what kind of signage would be on the project. Mr. Runyan responded that, basically, there would be a "Walgreens" sign on the France Avenue side and also on the 49 1/2 Street side. Planner Larsen said the sign ordinance would allow signs on 50% of the window space and that such signs are typical in the 50th and France commercial area. Member Rice asked if there would be food sold in the store. Semper Holdings, stated that there will be no food mart in this particular Walgreens store. Regarding the exit for cars onto 49 1/2 Street, Member Rice said he felt this would put pedestrians walking east from Patio Village in a hazardous situation. Mr. Runyan countered by saying that the drive aisle could be moved to the east so that a pedestrian would not step out past the wall and get hit. Mr. Bergerud said they would be willing to work with staff to resolve any concerns for pedestrians at that location. Howard Bergerud, 4 Member Kelly asked for more information on the decorative lighting that was mentioned. Mr. Runyan said the decorative lighting would occur on three sides of the building and would be on a timer. lights on during non-daytime hours which would be reflected downward so as not to disturb residents in the apartments to the north. The north side would also have security Public Comment Lisa Kee stated that she and her husband are in the process of opening a restaurant at 4924 France Avenue South which is across the street from the proposed Walgreens. building as they are spending time and money to make the restaurant as attractive as possible to enhance the area. She said they were concerned about the appearance of the 16 4/16/90 Marlin Ramler, employer at 50th and France, said he was concerned about traffic flow and traffic safety for vehicles entering and exiting the site. that there is existing traffic exiting from the parking ramp across the street. At the present time, traffic stacks up at the traffic light and the additional traffic to Walgreens would add to the problem. He also questioned whether trucks would be able to make deliveries to the drug store without parking on the street. He mentioned . Marge BUSS, 4500 Wooddale Avenue, said she and her husband own the Edina Pharmacy at 3831 W. 50th Street. They objected to the proposed project because: 1) parking would be insufficient, would add to the overcrowding that exists in the ramps and they object to the parking variance, 2) building placement would obstruct the view at the corner, 3) loading area not adequate, 4) concern for future use of the building, 5) environmental concerns regarding the old underground tanks, and 6) competition for little proprietor from chain drug store. Perry Anderson, Belleson's at 3908 W. 50th Street, said he has seen a lot of changes in the 34 years he has owned Belleson's and questioned if this is the choice that should be made. He said the two concerns for the 50th and France Commercial Area have been and continue to be parking and traffic and that he felt the proposed development would add to those problems. Mr. Runyan responded to several concerns that had been raised: LoadingAJnloading - Building will be serviced by a truck once a week for three hours. Ground will be environmentally tested and tanks removed. Future Use - Cannot respond to that issue. Traffic - Existing service station generates traffic, traffic to the drug store will be sporatic. Environment - Don Sather stated that he owned the property adjoining this proposed project and did not object to what is proposed. zone across the street and would strongly recommend that it be put back in so that trucks could service the existing pizza restaurant and the restaurant that will be opening at 49 1/2 Street and France Avenue. signal for pedestrians to alert them to exiting vehicles from the site. Mayor Richards then asked for action from the Council. not support the project as presented because of the traffic ingress/egress concerns and also questioned the parking contribution. Member Kelly said she would like to hear comments from the 50th and France Business and Professional Association because that area has worked due to the sharing of concerns and problems by the merchants. corporate chain like Walgreens would participate. Also, there have been enough issues raised as to the lighting, design and siting of the building to suggest that it be referred back to staff or the Planning Commission for further study. He recalled that there had been a loading Also that there should be a warning Member Smith said he could She questioned whether a Member Rice said he would like to see more detail as to building materials, that it appeared to be too much building for the site, that he had concern about the building entrance and the parking, that the proposal needed further work. Mayor Richards commented that the development would add a good corporate citizen to that corner, that he would like to see more development in the 50th and France commercial area rather than less and would support the proposal. Member Kelly made a motion to continue the hearing on the request for rezoning to PCD-2 District for property at 4916 France Avenue to the meeting of Hay 7, 1990 to allov the proponent to address the issues concerning 1) lighting, ) traffic flow, 3) parking and cost, and 4) design that have been raised by the Council. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Smith, Rice Nays : Richards 4/16/90 Motion carried. 17 ,I PRELIMINARY REZONING TO PRD-2 AND PRELIMINARY PLAT FOR SHADOW HILL APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen presented the request for preliminary rezoning to PRD-2 Planned Residence District and preliminary plat approval for Shadow Hill, noting that the subject property is located on the north side of the improved street known as Vernon Court. lots. PRD-2 zoning for 15 townhouse units. Both of these concepts failed in the marketplace. The subject property is zoned R-2 and is platted with five double bungalow Prior to the current zoning, the Planning Commission and Council approved a A rezoning petition has been received for a PRD-2 zoning to allow for the construction of 12 "detached" townhomes, a new concept to Edina. It combines elements of single family detached housing with elements of townhouse design and management. many small lot single family neighborhoods in the City. However, the units will have common design and materials with a townhouse type association for maintenance. Each unit will have an individual private lot, making it work like The units are planned as one-story units with all living spaces on one floor measuring approximately 1,600 square feet. garage and exterior materials would be wood siding with brick accents. Each unit has an attached two-car As proposed, the development would comply with all ordinance requirements except for the sideyard setback on Lot 12. setback is required. Planner Larsen mentioned that this is a very difficult site to develop. The combination of the hill on the north side and freeway to the south is very limiting. The two prior development concepts failed; however, this proposal may have a better chance to succeed because the offering price would be lower to acknowledge the site limitations. Staff believes the proposal has merit and would recommend preliminary approval, subject to: 1) final rezoning, 2) final plat, 3) subdivision dedication, and 4) engineering specifications for retaining wall. The proposal was heard by the Community Development and Planning Commission at its meeting of March 28, 1990 and approval was recommended. A 10-foot setback is provided where a 20-foot Thus, a 10-foot sideyard setback variance is requested. As part of the development the proponent has requested a reallocation of special assessments levied against the property. Currently, approximately $245,000 is levied against a single parcel. The reallocation would equally divide the total into 12 assessments against the proposed individual lots. The assessments would be satisfied as the lots are developed. reassessment be for a five year period with interest remaining at the current 11.5%. request would result in a two year extention of the assessment. approves the reallocation, conditions to the assessment agreement would be: 1) County approval, 2) 100% petition by the developer with waiver of right to appeal, 3) Recording of new specials and release of the existing specials on the property. The proponent has proposed that the The initial assessment was for 10 years with three years remaining; the If the Council Steve Wilson of Schaefer Development, proponent, spoke to the special assessments on the property. the property and the request is to divide those on the 12 individual lots. request is only for the amount contributable to the special assessments and would include the principal as well as the interest that has been accruing at the rate of 11.5% with a 4% penalty. The request does not constitute a subsidy but is a different way to make payment. The City has the same assurance of payment with the specials placed on the 12 lots as it would if the specials were left on the single parcel. The existing specials have been levied as a single lump sum on The The reallocation of the special assessments will allow for the 4/16/90 construction of a housing development which will be marketable, thus enabling the City to collect in full for the unpaid specials, with interest and penalty. Member Kelly asked what type of building materials would be used for the project. Mr. Wilson said they would be cedar siding and brick. The street scape would be varied by changing the roof lines and the entrances from the front of the garage to the side of the garage to break up the monotony. Torn Benson, 6707 Vernon Avenue, said he represented the Vernon Woods Homeowners Association who are not objecting to the development but have some reservations. He presented a listing of those concerns which included density, wooded area, sound barrier, lighting, retaining wall, taxes and special assessment, and completion. In response to the concerns of Vernon Woods residents, Mr. Wilson observed that the proposal initially approved was for 15 two-story units which would be more massive. He argued that the townhomes would protect against sound from the crosstown highway better than the trees. as many trees will be saved as can be and the proposed grade will be the same as the existing grade. The light standard on the crosstown is similar to the one behind the Clark development to the east and has been no problem. The retaining wall will be engineered for safety and durability. Lots 1 and 2 do not make the density more than the.site can handle and a buffer will be left. That would also apply to the 10 unit project proposed previously. The wooded area will receive particular attention so that Mayor Richards asked about the density on the Clark development to the east. Planner Larsen said that was double bungalows and was approximately 4.5 units per acre compared to the subject proposal at 3.5 per acre. Member Smith asked if there was a way to facilitate the cash flow and accommodate the developer and yet maintain leverage on the whole development. Erickson stated that the present statute allows the City to allocate on a per lot basis if it makes the determination that the recovery of the special assessment ultimately is not jeopardized. of credit. Attorney The City could ask for security such as a letter Mayor Richards commented that if the Council approves the project the City should look to payment of the specials as a whole and not put the City at risk by segregating and placing the specials on each lot. support for a total of 10 units instead of 12 as proposed. As to density, he indicated Member Smith moved preliminary rezoning to PRD-2 Planned Residence District and preliminary plat approval, subject to: 1) Mixximum of 10 uuits, 2) Surety bond for payment of special assessments, 3) Waiver of right to appeal special assessments, 4) Final rezoning, 5) Final plat approval, 6) Subdivision dedication, and 7) Engineering specifications for retaining walls, with First Reading of the ordinance and adoption of the resolution as follows: THE the ORDINANCE NO. 825-837 BN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY REZONING PR0PER.TY TO PRD-2 PUNNED RESIDENCE DISTRICT FROM R-2 DOUBLE D'RELLMG UNIT DISTRICT CITY COUNCIL OF THE CITY OF EDINA, MNNESOTA ORDAJXS: ' Section 1. following thereto: "The extent of the Planned Residence District (PRD-2) is enlarged by the addition of the following property: That part of the Northeast Quarter of the Northwest Quarter of Section 6, Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows: the Northwest Quarter; thence South along the West line of said Northeast Section 6 of Ordinance No. 825 of the City is amended by adding Beginning at the Northwest corner of said Northeast Quarter of 4/16/90 19 Quarter of the Northwest Quarter a distance of 709.1 feet more or less to a point which is distant 814.5 feet North of the Southwest comer of said Northeast Quarter of the Northwest Quarter; thence Easterly on a deflection angle to the left of 87 degrees 40 minutes a distance of 676.3 feet; thence North parallel with the West line of said Northeast Quarter of the Northwest Quarter to the North line of said Northeast Quarter of the Northwest Quarter; thence West along said North line to the point of beginning, which lies Northeasterly of the Northerly line of County Road No. 62. The extent of the R-2 Double Dwelling Unit District is reduced by removing the property described above from the R-2 District." Sec. 2. publication. I This ordinance shall be in full force and effect upon its passage and RESOLUTION APPROVING PRELIMINARY PLAT FOR SHADOW HILLS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "SHADOW HILTS", platted by Robert E. Hanson and Suzanne I?. Hanson, husband and wife, and presented at the regular meeting of the City Council of April 16, 1990, be and is hereby granted preliminary plat approval. Motion for First Reading of the ordinance and adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted; resolution adopted. FINAL DEVELOPMENT PLAN APPROVED FOR BUILDING EXPANSION - OPUS CORPORATION/WESTERN NATIONAL MUTUAL INSURANCE (5350 WEST 78TH ST & 5309 INDUSTRIAL BLVD) Affidavits of Notice were presented, approved and ordered placed on file. presented the request for Final Development Plan approval for building expansion for Opus Corporation and Western National Mutual Insurance generally located at Bush Lake Road and Edina Industrial Boulevard, north of 78th Street. Planner Larsen Western National Mutual Insurance currently occupies the 32,400 square foot office building at 5350 West 78th Street. East of Western National at 5309 Edina Industrial Boulevard is a 25,725 square foot multi-tenant office/warehouse building. Both parcels are zoned Planned Industrial District, PID. Together the parcels measure 4.069 acres in area. The proponents are requesting approval of a plan to remove the multi-tenant building and add approximately 38,000 square feet of office to the existing Western National building. The addition would be two stories with some parking under a portion of the second floor on the north side similar to the existing building. Currently, at the Western National building parking is approximately 20 stalls below the ordinance requirement. aisle adjacent to Edina Industrial Boulevard. Employees often park along the drive Recently, Edina Industrial Boulevard was widened and approximately a quarter of an acre measuring 21 feet at the widest point was taken by Hennepin County for expansion. The taking reduced the parking setback and eliminated area for parking expansion. There are other non-conforming features which would be addressed by the following elements of the proposed plan: Reconfiguration of the parking lot to add 172 parking stalls to comply Provision of a loading area out of the drive aisles and screened from 1) with ordinance requirements; 2) right of way lines; 3) Upgrading of landscaping; 4) the intersection; 5) greenspace and building at a conforming setback. Relocation of the southwest curb cut east to an appropriate distance from Removal of asphalt and building and replacement with additional 26. 4/16/90 Staff would recommend approval subject to: 1) Additional landscape upgrading along Edina Industrial Boulevard; 2) Alignment of the northerly curb cut with Bush Lake Road; 3) NSP approval of easement reconfiguration; and 4) Landscape plan approval and bond. The Community Development and Planning Committee recommended approval subject to staff conditions. Planner Larsen concluded his presentation with the comment that representatives of the proponents were present to answer questions. I Steve Grasso, Project Manager for Opus Corporation, stated that Planner Larsen had presented a good synopsis of the project. adjacent site has been acquired by Western National. No public comment or objections being heard, Member Smith introduced the folloving resolution and moved its adoption, subject to 1) Additional landscape upgrading along Edina Industrial Boulevard; 2) Alignment of the northerly curb cut with Bush Lake Road; 3) NSP approval of easement reconfiguration; and 4) Landscape plan approval and bond: He informed the Council that the RESOLUTION APPROVING FINAL DEVELOPHEN!l! PIAN FOR OPUS CORPORBTION/WESTERN NATIONAL MUTUAL INSURANCE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Opus Corporationfiestern National Mutual Insurance, 5350 West 78th Street and 5309 Edina Industrial Boulevard, presented at the regular meeting of the City Council of April 16, 1990, be and is hereby approved. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. FINAL DEVELOPMENT PLAN APPROVED FOR BUILDING EXPANSION FOR THE GBI;LERIB (6969 FRANCE AVENUE) on file. for building expansion of the Galleria, 6969 France Avenue. Affidavits of Notice were presented, approved and ordered placed Planner Larsen presented the request for Final Development Plan approval Building Expansion - The owners of the Galleria have submitted Final Development Plans for a planned expansion of the shopping center. The Galleria property includes the entire block between 69th and 70th Streets and between France and Pork Avenues. Currently, the Galleria shopping center occupies the westerly one-half of the block, The expansion would increase the gross floor area of the shopping center from 237,000 square feet to 501,000 square feet (42,517 square feet for Gabberts and 143,403 square feet for the Galleria). Parking and Traffic - The redeveloped site would require a total of 1798 parking spaces by the Zoning Ordinance. This would include 372 spaces for the furniture store and 1426 spaces for the mall and other related uses. The proposed site plan would provide 1683 spaces. illustrating 1813 spaces. 8.5 foot spaces instead of the proposed 9 foot spaces. the proof of parking agreement now in place for the Galleria. The developer has presented a proof of parking plan This would be accomplished by restriping the lot with This would be similar to The proposed expansion is subject to an Indirect Source Permit (ISP) issued by the Minnesota Pollution Control Agency (MPCA). the addition of 500 or more parking spaces. possibility of traffic congestion leading to reduced air quality. 21,1990, the MPCA issued the ISP for the project. would not be congestion leading to reduced air quality as a result of this proj ect. In this case, the ISP is triggered by The critical element is the On February The finding was that there Setbacks - The proposed plans illustrate an addition to the furniture store which would maintain the existing 40 foot setback from West 69th Street. requires a minumum building setback of 50 feet. The PC-3 Zone Therefore a 10-foot building 4/16/90 21 setback variance is requested. exceed ordinance requirements. All other building and parking setbacks meet or South East Edina Transit Wav - The owners have agreed to provide a route through their property for the planned transit way linking Edinborough with Fairview Southdale Hospital. transit way south of 70th Street and would go under the building and proceed across 69th Street and through Southdale. The transit way would enter the site from the City's existing Design and Materials - The addition to the Galleria would match existing design and materials. replaced with concrete panels or brick. ordinance requirments. The non-conforming wood exterior of the furniture store would be The proposed materials comply with Recommendation - The proposed expansion has been anticipated for some time. Staff believes it is well conceived and will be well executed and would recommend approval as presented, subject to an executed Proof of Parking Agreement. The Community Development and Planning Commission considered the final development plans at its meeting of March 29, 1990, and unanimously recommended approval. Presentation bv Proponents - Peter Jarvis, BRW, consultant for the project, made board presentations illustrating the proposed project which included the site plans, parking, landscaping, elevations, and upper and lower level floor plans. He explained that the three existing commercial buildings on the easterly half of the site would be removed, i.e. the theatre, bowling alley and retail building. The transit way will be accommodated through the center of the site by means of a tunnel. The architecture will be an extention of the Galleria architecture that is in place today. Transit Way Cost Sharing Proposal - Warren Beck, Gabbert and Beck, proponent, presented a proposal for public financial participation in construction of the transit way beneath the Galleria project as outlined in his letter of April 10, 1990. As background, Mr. Beck recalled that in 1973 when the Galleria was originally planned, and shortly after the Yorktown development plan had been approved, staff indicated that the City was interested in maintaining some type of access through the Galleria property in alignment with the Yorktown linear park for future pedestrian and/or transporation use. In 1986, when the Centennial Lakes project was being developed, the issue of access was discussed again. In conjunction with the proposed routing of the transit way from Edinborough to Southdale, the access across the Galleria parcel became an obvious issue. At that time, expansion of the Galleria to the east was contemplated and after discussion with staff a plan was developed which would result in depressing a transit way under the Galleria building. indicated that the cost associated with providing access under the building could be considered an improvement for funding under an economic development district then being created. The elements of the additional development costs associated with construction of the depressed parking/transit area include the following as estimated: Staff had Earth Work $ 50,000 Concrete Work (retaining walls & driveways) 69,000 Structure (supportive floor structure and 56,862 $175,862 associated improvements over transit way) The cost of a storm sewer system which would be required to service the depressed area is estimated at $183,700 for a 33" sewer line. While total capacity of the pipe would not be required for the transit way itself, the elevation required for the transit way is below the existing storm sewer system which results in the need 22 4/16/90 to create a storm sewer connection. $350,000. City, approximating $175,000 each. Mayor Richards asked Assistant Manager Hughes to comment on the proposal for cost sharing. Assistant Manager Hughes recalled that the City established an economic development district covering Southdale and the Galleria in 1989. improvements were among the capital costs that were included in the economic development district plan. Therefore, the requested public financial participation is consistent with the plan. district will generate approximately $190,000 to pay for this improvement. The resulting total cost is approximately Mr. Beck concluded by proposing that those costs be shared with the Transit way In 1990, the economic development Assistant Manager Hughes mentioned that staff has discussed with Council on several occasions concerns regarding the loss of state paid homestead aid in the Centennial Lakes/Edinborough districts. homestead problem would be the pooling of increments from the economic district into-the Edinborough/Centennial Lakes district. The City's participation in the Galleria transit way would reduce the amount of excess increment that would be available for transfer to Centennial Lakes and Edinborough but participation not in excess of $175,000 would not be a significant impact. Member Kelly raised the question if Southdale and the hospital also asked for financial participation relating to the transit system would there be enough increments from the economic district for that. that there would be for the same amount of funding. He elaborated that for those two parcels involved in the district there is already a solution in place for the transit system. One of the means of offsetting this Assistant Manager Hughes said I Member Rice asked if there would be any problems with exhaust from vehicles in the underground parking. No further comment or objections to the proposed Galleria expansion was heard. Member Smith introduced the following resolution and moved its adoption, subject to an executed Proof of Parking Agreement: Mr. Jarvis responded that no ventilation would be required. RESOLUTION APPROVING FINBL DEVELOPMENT PLAN FOR BUILDING EXPANSION FOR TEE GALLELUA BE IT RESOLVED by the City Council of the City of Edina, Minnesota that the Final Development Plan for the Galleria, 6969 France Avenue South, presented at the regular meeting of the City Council of April 16, 1990, be and is hereby approved. Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Paulus introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING FINANCIAL PARTICIPATION IN CONSTRUCTION OF TRBNSIT WAY BENEA!l!H GBI;LwIB BE IT RESOLVED by the City Council of the City of Edina, Mbnesota that it hereby approves the cost sharing proposal for the construction of the transit way beneath the Galleria expansion as presented; BE IT FIJRTHW RESOLVED that the City Attorney be authorized and directed to prepare the necessary documents to facilitate financial participation in transit vay construction costs not to exceed $175,000. Motion for adoption of the resolution was seconded by Member Rice. I Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. ORDINANCE NO. 902-A7 TO DELETE AUTOMATIC TERMINATION PROVISION FOR WINE LICEXSES ADOPTED follows : Member Rice moved Second Reading and adoption of Ordinance No. 902-A7 as 4/16/90 23 ORDINANCE NO. 902-87 BN 0RDI”CE AMENDING ORDINANCE NO. 902-AI. TO DELETE AUTOMATIC TERMINATION PROVISION THE CITY COUNCIL OF !tHE CITY OF EDINA, METNESOTA, ORDAINS; entirety . Section 1. Sec. 43 of Ordinance No. 902-Al is hereby repealed in its Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. ATTEST : Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. STRATEGY DEVET.,OPED IN RESPONSE TO RESIDENT‘S COMPLAINTS CONCERNING WAL”T RIDGE PARK Manager Rosland referenced a memorandum dated April 13, 1990 from Chief Swanson concerning complaints about Walnut Ridge Park that had been made by Barbara Arnold, 6515 Biscayne Boulevard. At this time, a three-step strategy will be put in place to deter the disturbance activity. Mrs. Arnold has been contacted and the problem has been discussed with her on two occasions. patrols and the cooperation of the neighborhood should curb the problem. The use of extra CONCERN OF RESIDENT AT 5824 HALIFAX ADDRESSED REGARDING STORM SEWER PROJECT Engineer Hoffman explained that Mrs. Donald Gooding, 5824 Halifax Avenue, had contacted him regarding the proposed storm sewer project in the Grimes and Halifax area. Her concern was about additional water flowing onto the rear of her property. Hatlestad at 5900 Halifax) and there was some disagreement as to how they felt the project should be handled. She had also contacted the neighbors (Norbeck at 5828 Halifax and Engineer Hoffman advised that, during the Council meeting, the three parties had met with Mrs. Gooding‘s attorney and have mutually agreed to extending out the existing storm sewer system through a small berm and by means of flap gates the water will be held on the park side of the berm. He said this would not impede the storm sewer project and would recommend award of bids next on the agenda. Mayor Richards asked the three parties who were present if they had resolved their differences. stated by the City Engineer. involved over and above the normal storm sewer project there may be some cost to be borne by the three properties involved. Their response was that they had mutually agreed to the solution as Mayor Richards said that if there is extra cost BID AWARDED FOR STORM SEWER IMPROVEMENTS STS-199. STS-200. STS-201. STS-202. AND STS-203 Nos. STS-199 (W. 76th Street & Parklawn Repair - Lake Edina Park), STS-200 (Edina Manor Area - Grimes & Halifax), STS-201 (Country Club Area), STS-202 (W. 64th Street & York Pond Area to Xerxes), STS-203 (Yorktovn Park Strip) to recommended low bidder, Dave Perkins Contracting, Inc., at $273,271.00. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Kelly moved to approve award of bid for Storm Sewer Improvement *BID AWARDED FOR SPRRJKLER SYSTEM FOR BRAEMAR GOLF DOME Smith and was seconded by Member Kelly for award of bid for sprinkler system for Braemar Golf Dome to recommended low bidder, Olsen Fire Protection, Inc., at $9,475.00. Motion was made by Member 24 4/16/90 Motion carried on rollcall vote, five ayes. *BID REJECTED FOR GOW CARS: TO BE REBID seconded by Member Kelly to reject all bids for 15 golf cars for Braemar Golf Course and to authorize rebid. Motion was made by Member Smith and was Motion carried on rollcall vote, five ayes. *BID AWARDED FOR BLACKTOP SURJ?ACE AROUND CORe BUILDING - VAN VALKENBURG PARK Motion was made by Member Smith and was seconded by Member Kelly for award of bid for blacktop surface around core building at Van Valkenburg Park to recommended low bidder, Plehal Blacktopping, Inc., at $7,970,000. Motion carried on rollcall vote, five ayes. BID FOR RETBINING WATL AT BEUKMAR GOLF COURSE LESSON AREA CONTINUED TO 5/7/90 Mayor Richards asked what is being proposed for the retaining wall. Park and Recreation Director Kojetin said it would be a five foot wood wall 340 feet in length to be constructed outside of the fence of the driving range at the north end. Mayor Richards raised the question if an earth berm would be more natural and in keeping with the character of the facility. this be continued so that staff could look at it further. Manager Rosland suggested that Member Smith made a motion to continue award of bid for the retaining wall at Braemar Golf Course Lesson Area to the meeting of May 7, 1990. seconded by Member Kelly. Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR STORM SEWER AND ELECTRICBL TRENCHING - BRAEMAR SOCCER/FOOTBBI;L FIELD Motion was made by Member Smith and was seconded by Member Kelly for award of bid for storm sewer and electrical trenching for Braemar soccer/football field to recommended low bidder, Perkins Landscape Contractors, at $14,892.00. Motion carried on rollcall vote, five ayes. AWARD OF BID FORMILL POND WEED HARVESTING CONTINUED TO 5/7/90 Manager Rosland recommended that the award of bid for Mill Pond Weed Harvesting be continued so that staff could evaluate the low bidder. Member Rice made a motion to continue award of bid €or Mill Pond Weed Harvesting to the meeting of May 7, 1990. was seconded by Member Kelly. Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. BIDS AWARDED FOR PUBLIC OFFICIALS AND POLICE PROFESSIONBL LIABILITY INSURANCE COVERAGE Manager Rosland presented sole bids for public officials liability and police professional liability insurance as follows, noting that the market place remains limited for these types of coverage: Public Officials Liability National Casualty Company $10,500 for City of Edina Law Enforcement Liabilitv National Casualty Company - $24,618 4,725 for Edina Housing & Redevelopment Authority The City's agent has submitted applications to the major competitors and staff would recommend award of bids , subject to receipt of lower bid prior to May 1. Member Kelly made a motion for award of bid to National Casualty Company for Public Officials Liability Insurance at $10,500 for City of Edina and $4,725 for Edina Housing & Redevelopment Authority, and for Law Enforcement Liability Insurance at $24,618, subject to receipt of lower bid prior to May 1, 1990. Motion was seconded by Member Smith. I Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. 4/16/90 25 *BID AWARDED FOR GREENS MOWER Member Kelly for award of bid for a greens mower to recommended low bidder, MTI Distributing, at $7,545.00. Motion was made by Member Smith and was seconded by Motion carried on rollcall vote. *BID AWARDED FOR REMOVAL OF DISEASED TREES/S!CUMPS AND TRIMMING OF BOULEVARD TREES Motion was made by Member Smith and was seconded by Member Kelly for award of bid for diseased trees, stumps and trimming of boulevard trees to recommended low bidder, Precision Landscape & Tree as follows: Trimming - $2.91/DBH in., Removal - $8.96/DBH in., Grinding - $1.96/DBH in. I Motion carried on rollcall vote. FEASIBILITY REPORT PRESEETTED FOR STREET IMPROVEMENT NO. BA-291 <W. 69TH FROM FRANCE TO XERXES) AND SIDEWALK IMPROVEMENT NO. S-47 (WEST 42ND STREET FROM FRANCE TO WEST CITY LIMITS): HEARRJG DATE SET FOR 5/7/90 feasibility report for two projects which have been petitioned for or requested by adjacent property owners. Estimated construction costs are as follows: Engineer Hoffman presented a Street Improvement No. BA-291 $1,067,123.43 W. 69th Street from France to Xerxes Sidewalk Improvement No. S-47 123,208.92 W. 42nd Street from France to West City Limits The projects would be funded by state aid and special assessment. recommend setting a hearing date of May 7, 1990 for these projects. Staff would Member Kelly introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON STREET IMPROVEMENT NO. BA-291 1. the feasibility of the proposed Street Improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, May 7, 1990, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: NOTICE OF PUBLIC HEARING WEST 69TH STREET FKOM FRANCE AVEm TO XERXES AVENUE BITUMINOUS STREET SURXACING, CONCRETE CURB AND GUTTER, STORH SEWER AND STREET LIGHTING The City Engineer, having submitted to the Council a preliminary report as to I The City Clerk is hereby authorized and directed to cause notice of the time, IMPROVEKFXT NO. BA-291 The Edina City Council will meet at the Edina City Hall on Monday, May 7, 1990 at 7:OO p.m. to consider road improvements on West 69th Street from France Avenue to Xerxes Avenue. These improvements are the result of the redesign of street based on the redevelopment of the Gabbert & Beck block and Southdale's plans, and will include bituminous street surfacing, concrete curb and gutter, storm sewer and street lighting. This hearing is being conducted under the authority granted by Minnesota Statutes, Chapter 429. The estimated construction cost of the project is $1,067,123.43. proposed to be funded by assessment of $40.00 per assessable unit, with the balance being paid for by state aid and storm water utility funds. The project is These proposed 2 4/16/90 assessments vould be divided over the unpaid balance. The proposed Your receipt of this notice is an a ten year period with interest accumulating on project would be constructed in 1990. indication that property whose ownership is listed to Gou is among those properties which are considered to be benefited by the improvement. The legal description of the proposed improvement is as follows: Tract C, RIS 1455; the Southerly 220' of Tract 4, Tract H, the Westerly 310' and Easterly 230.88' of Tract M, RIS 629; Tracts A & D, RIS 1171; Tracts A & B, RIS 1366; and Tract A, RIS 1466. Any inquiries, comments and/or suggestions you may have regarding this improvement may be forwarded to the City Council or Engineering Department prior to the hearing or presented at the hearing itself. If you desire additional information, please call me at 927-8861 between 8:OO A.M. and 4:30 P.M., Monday through Friday. The City Council can authorize the proposed project immediately upon the close of the hearing. Francis J. Hoffman, P.E. Director of Public Works and City Engineer Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON SIDEFJBLK IMPROVEMENT NO. S-47 1. the feasibility of the proposed Sidewalk Improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official nevspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the folloving form: The City Engineer, having submitted to the Council a preliminary report as to This Council shall meet on Monday, Hay 7, 1990, at 7:OO p.m. in the Edina City NOTICE OF PUBLIC HEARING SIDEWALK IHPROVKMENT NO. S-47 The Edina City Council vi11 meet at the Edina City Hall on Monday, May 17, 1990, at 7:OO P.M. to hold a formal Public Hearing on the construction of sidewalk on West 42nd Street from France Avenue to the West City Limits of Edina. hearing has been called as a result of a petition from 91 residents in this area for better pedestrian access to Weber Park, school bus stops, the France Avenue MTC bus stop and generally as a connector route. This hearing is being conducted under the authority granted by Minnesota Statutes, Chapter 429. The proposed sidevalk vi11 be located on the south side from the west City Limits on West 42nd Street to Grimes Avenue. East of Grimes, the sidewalk vauld be on the north side of West 42nd Street going to France Avenue. This is considered a formal hearing since it is proposed that the entire cost of the improvement be paid from assessments. (snov removal) of the sidewalk will be the responsibility of the adjacent property owners. The proposed assessment would be between $245.56 and $560.46 per lot, depending on the actual assessment area. This Under present City policy, maintenance The estimated construction cost of the project is $95,275.86. 4/16/90 27 The first proposed assessment area is the largest suggested area and includes all petitioners for this project. See attached map. The second proposed assessment area is a smaller suggested area which does not include all the petitioners but would be more consistent with the potential assessment district for this type of project. See attached map. These proposed assessments wmld be diddad over a ten year period with interest accumulating on the unpaid bal..ance e The sidewalk is proposed to be five feet wide and constructed on concrete. alignment will be varied to protect existing property features to the greatest extent possible. The The proposed project would be constructed in 1990. Your receipt of this notice is an indication that property whose ownership is listed to you is among those properties which are considered to be benefited by the improvement. The area that may be assessed for the proposed improvement is as follows: Tract A, RLS 567; Tracts A, B, C, D & E, RLS 650; Tracts A & B, RIS 1517; Lots 1 thru 3 & 8 thru 11. Blk. 1, Lots 1 thru 9, Blk. 2, & Lots 1 thru 9, Blk. 3, Morningside Oaks Addn.; Lots 1 thru 10 & 12 & 13, Blk. 1, Lots 1 thru 19 & 22 thru 26, Blk. 2, Lots 1 thru 19 & 22 thru 26, Blk. 3, & Lots 1 thru 18 & 21thru 26, Blk. 4, Minikahda Vista Third Addn.; Lots 1 thru 14, 16 & 17 & 19 & 20, William Scott's Addn.; Lots 1 thru 4, Blk. 1, William Scott's Addn. Peterson Replat; Lots 1 thru 12, A and B Addn.; Lots 1 & 2, Blk. 1, Lots 1 & 2, Blk. 2, and Outlots 1 and 2, Morningside Manor; Lots 1 thru 8, Blk. 1, & Lots 1 thru 12, Blk. 2, Mickelsen's Re-arrangement Morningside Minn.; Lots 1 thru 5, Wooddale Heights 2nd Addn.; Lots 1 thru 26, Blk. 1, Lots 1 thru 26, Blk. 2, and Lots 8 thru 19, Blk. 3, Crocker & Crowell's First Addn.; Lots 1 & 2, Blk. 1, Morine's Addn.; and Lots 14 thru 78, Morningside Addn. Any inquiries, comments and/or suggestions you may have regarding this improvement may be forwarded to the City Council or Engineering Department prior to the hearing or presented at the hearing itself. If you desire additional information, please call me at 927-8861 between 8:OO A.M. and 4:30 P.M., Monday through Friday. The City Council can authorize the proposed project immediately upon the close of the hearing. Francis J. Hoffman, P.E. Director of Public Works and City Engineer Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. DISCUSSION ON TAX INCREMENT DISTRICTS UPDATE DEFERRED TO 5/7/90 Because of the late hour, Manager Rosland suggested that the discussion on update of the tax increment districts be deferred to the meeting of May 7, 1990. unanimously agreed that the matter be deferred to May 7, 1990. DOG LICENSE RENEWAL PROCESS DEFERRED TO 5/7/90 Because of the late hour, the Council agreed to defer discussion on the dog license renewal process to the meeting of May 7, 1990. APPOINTMENTS MADE TO RECYCLING COMMISSION AND BOARD OF APPEALS advised that he intended to appoint Inna Hayes to the Recycling Commission and Don Patton to the Board of Appeals to fill existing vacancies. The Council 4 Mayor Richards I 2 Motion was made by Member Paulus for Hayes to the Recycling Commission to seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Motion carried. 4/16/90 consent of the Mayor's fill an unexpired term Richards appointment of Inna to 2/1/91. Motion was Motion was made by Member Kelly for consent of the ?&L~OK'S appointment of Donald Patton to the Board of Appeals to fill an unexjp3,red term to 2/1/92. seconded by Member Rice. Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REYES LETTER REOUESTING PUBLIC SALE OF LAND PARCEL REFERRED TO STAFF Member Smith motion was seconded by Member Rice to refer the letter from E. David Reyes, 616 West 53rd Street, Minneapolis, W, requesting that a small parcel of land be place for public sale, to staff to study and recommendation. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. UPDATE GIVEN ON 1-494 EIS PROCESS: REXOLUTION ADOPTED URGING COUNTY TO PARTICIPATE Planner Larsen informed the Council that Hennepin County has withdrawn from participation in the 1-494 EIS process. fund 10% of the EIS cost. is the decision to not include Light Rail Transit in the EIS, was removed as a viable option because of the low ridership projections. The County had previously committed to The stated reason for withdrawing their participation Light Rail Transit The five community Joint Powers Organization has asked the five Councils to formally request the County to reconsider and participate in the study by adoption of a resolution. legislators and MNDOT. County withdraw when they have 18 county trunk highways involved. that it really was the Light Rail authorities that said they were pulling out and that not all the County Commissioners may be aware of that. The resolution would be sent to the County Board with copies to Member Paulus said it is really frustrating to have the She pointed out Member Paulus introduced the following resolution and moved its adoption: RESOLUTION REQUESTING HENNEPIN COUNTY PARTICIPATION IN THE 1-494 ENVIRONMENTAL =ACT STATEMENT PROCESS 'RHEREBS. in 1986, work began on the 1-494 Corridor Study in response to the need to improve the capacity and safety of 1-494 and its interchanges. This study was initiated by the cooperative efforts of the Metropolitan Council, MNDOT, the Regional Transit Board, the Metropolitan Airports Commission, Hennepin County and the cities of Richfield, Bloomington, Edina, Eden Prairie and Minnetonka. The multi-agency cooperation was demonstrated by shared funding as vel1 as representation throughout the study process. WHEREAS. the transit component of the 1-494 Corridor Study considered Light Rail Transit as an alternative transit mode that needed analysis. the Long Ranpce Transit Capital Imrovements Study prepared by the Metropolitan Council, the year 2000 transit ridership in the 1-494 corridor was shown to be relatively low; thus Light Rail Transit was not considered to be a financially responsible option. WHEREAS, the 1-494 Corridor Study was adopted by all agencies including Hennepin County. The primary recommendation of the study was that an Environmental Impact Statement (EIS) should be completed for the portion of 1-494 lying between the Minnesota River and Carlson Parkway in Hinnetonka. implementation portion of the study stated that Hennepin County provide partial funding for the 1-494 EIS and preliminary design; participate in negotiations for cost sharing agreements for interchanges where the intersecting road is a county road; and participate on an EIS Project Management Team. WHEREAS, the Hennepin County Board approved the 1-494 Corridor Study which However, based upon The financial and 41 16 /90 29 included the recommendation of the paragraph above in 1987. WHEREAS, in 1989, work commenced on the 1-494 EIS with Hennepin County staff participating on the Project Management Team. interagency agreement that set forth the responsibilities for the cost of the EIS. The 1-494 EIS is the first in the metropolitan area where numerous governmental agencies as well as the private sector (Improve 1-494) has agreed to financially participate in the preparatPon of this type of study. WHEREAS, the 1-494 EIS is a joht effort that recognizes that every political entity that contr9butes trafffc to chis section of 1-494 stands to benefit from improvement of the facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the Hennepin County Board is urged participate in the 1-494 EIS process for the following reasons: The 1-494 EIS process represents a cooperative effort between state, regional, local governments and the private sector to initiate needed regional roadway improvements. The cost sharing agreements between the multiple agencies is unique and demonstrates intergovernmental cooperation. Hennepin County participation within the project is needed and valuable, given the twelve county roads that will be studied as part of the EIS process. Hennepin County was a party to an A. B. C. ADOPTED this 16th day of April, 1990. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Paulus mentioned that she would like the reporter for the Edina Sun-Current to be aware of the County’s withdrawing their support on the EIS so the public could be informed. MANHOLE COVER AT DALE DRIVE MENTIONED Member Rice said the manhole cover at Dale Drive needs attention. Engineer Hoffman said staff is in the process of looking at all the manholes to determine which ones need work. CITY CRITICIZED FOR ESTABLISHING TAX INCREMENT DISTRICTS that at the recent AMM committee meeting she had attended the City of Edina was criticized for its recent establishment of the three tax increment districts. Member Kelly mentioned SHHSC MEETING COMMENTS NOTED South Hennepin Human Services Council Board someone from the City of Richfield had made the comment that Edina was bringing low income people in by building Edinborough and Centennial Lakes which would be an additional burden on SHHSC services. Member Kelly reported that at a recent meeting of DENSITY OF PROPOSED DEVELOPMENTS DISCUSSED the recently proposed Ron Clark Development at 70th and Cahill and the Walgreens proposal, the issue is not density as defined by units per acre but really is lot coverage. She asked when staff would be bringing back a report to deal with the massing issue. May 7, 1990. Member Kelly said that, in considering Manager Rosland said that matter would be on the Council agenda on With regard to the massing issue, Member Paulus asked the Council to look at the house in the 4600 block on Browndale that has recently added a second story on the rear. neighbor should build a similar addition it would create a feeling of being almost walled in. She said the backside of the home appears massive. If the backdoor OBJECTION TO LONG AGENDAS RAISED agendas the Council has been having and that staff should consider some way to Member Kelly said she objected to the long 30 4/16/90 limit them. of decision and that the public hearings are set by action of the Council. Manager Rosland said staff would be uncomfortable in making that kind CORRESPONDENCE NOTED Mayor Richards passed to the Council the following recent correspondence received: 1) Note of appreciation from Ceil Smith, Assistant to Manager, for flowers sent following recent surgery, and 2) Note of appreciation from the family of Larry Oppold. Mayor Richards referred to a copy of a letter written by Marsh Halberg, Prosecuting Attorney for the City, addressed to Shirley Melander regarding her complaint of sale of pornography at Shinders in Edina. issue with the attorney's decision not to issue charges because he felt that was a policy decision that should be made by the Council. He said he would take EMERGENCY PLAN EXERCISE CONDUCTED Swanson dated April 9, 1990, on the emergency plan exercise conducted on Tornado Awareness Day, April 5, 1990. Council is made aware that the City is ready to respond to emergency situations. Manager Rosland referred to the report of Chief He said the report has been provided so that the VOLUNTEERS' ANNUAL RECEPTION SCHEDULED FOR APRIL 17 Manager Rosland reminded the Council that the All Volunteers' Annual Reception is scheduled for Tuesday, April 17 at 5:OO p.m. at Braemar Clubhouse. *CLAIMS PAID approve payment of the following claims as shown in detail on the Check Register dated 04/16/90 and consisting of 32 pages: General Fund $209,843.87, Communications $10.70, Art Center $3,916.27, Capital Fund $2,361.51, Swimming Pool Fund $1,085.00, Golf Course Fund $40,776.23, Recreation Center Fund $7,958.69, Gun Range Fund $270.35, Edinborough Park $12,050.18, Utility Fund $9,248.74, Storm Sever Utility $16,934.45, Liquor Dispensary Fund $87,593.28, Construction Fund $137,433.80, IMP Bond Redemption #2 $12,164.20, Total $541,647.27. Motion was made by Member Smith and vas seconded by Member Kelly to Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 1:25 a.m.