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l!ENUTES
OF THE REGUIAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HAXI,
HAY 21, 1990
. R0I.LCAT.L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSENT AGENDA ITEMS ADOPTED
Member Smith to approve and adopt the consent agenda items as presented,
Motion was made by Member Rice and was seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MINUTES OF REGULAR MEETING OF APRIL 16, 1990 APPROVED
Rice and was seconded by Member Smith to approve the minutes of the regular
meeting of April 16, 1990.
Motion was made by Member
Motion carried on rollcall vote, five ayes.
PUBLIC HEBRIPJG CONDUCTED: STREET IMPROVEMENT NO. BA-291 ORDERED Affidavits of
Notice were presented, approved and ordered placed on file.
stated the purpose of the public hearing was to consider reconstruction plans for
West 69th Street from France Avenue to Xerxes Avenue. The project is being heard
as part of the City’s capital improvements plan and in conjunction with the
expansion of the Galleria block. Also, staff has met with Southdale Center
management and they are in agreement with the proposed layout for reconstruction.
The project would consist of new street with concrete curb and gutter, street
lighting, sidewalk on the south side with a crossing to Southdale, and trees in
the median. The storm sewer modifications will be on the east end of the project
which will connect the piping to the Adams Hill/Centennial Lakes system.
will assist in lowering the flood potential along the homes in the Southdale Road
area and the Southdale Office Center.
Engineer Hoffman
This
The street would be constructed with two lanes each direction and with two major
entrance points to Southdale/Galleria similar to what was constructed on France
Avenue in 1981 with two new traffic signals. The number of driveways and median
crossings would be reduced on the south side from seven openings to four, and on
the north side from five to four. Additionally, a pedestrian crossing will be
located from the walkway from Edinborough.
The estimated project cost of $1,067,123.43 is proposed to be funded as follows:
Special Assessment ($40.00 per assessable foot) $192,000.00
State Aid Gas Tax 675,000.00
Stormwater Utility 200,000.00
Schedule for the project would be late 1990 start and completion in early summer
1991.
for no parking on both sides of West 69th Street (State Aid requirement).
letter in support of the project has been received from Warren Beck, Gabbert and
Gabbert Company, owner of the real estate adjoining 69th Street between France and
York Avenues.
Staff would recommend approval of the project and adoption of a resolution
A
Member Rice asked if the pedestrian crossing would be at the same location as the
future transit crossing and why improvements for York Avenue and West 66th Street
are not included.
would be at the same point as the pedestrian crossing. York Avenue and West 66th
Street are in the capital plan for reconstruction over the next four years. This
project is being proposed now in conjunction with the Galleria expansion.
Engineer Hoffman replied that eventually the transit crossing
5/21/90 59
Mayor Richards then called for comment from the public on the proposed
improvement.
Member Rice introduced the following resolutions and moved their adoption:
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published and mailed to owners of
each parcel within the area proposed to be assessed on the following proposed
improvement:
No comments or objections were heard.
RESOLUTION ORDERING STREET IMPROVEMENT NO. BA-291 I
BITUMINOUS STREET SURFACING, CONCRETE CURB AND GUTTER, STORM SEWER AND
and at the hearing held at the time and place specified in said notice, the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts, does hereby determine to proceed with the
construction of said improvement including all proceedings which may be necessary
in eminent domain for the acquisition of necessary easements and rights for
construction and maintenance of such improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as BITUMINOUS
STREET SURFACING, CONCRETE CURB AND GUTTER, STORM SEWER AND STREET LIGHTING
IMPROVEMENT NO. BA-291, and the area to be specially assessed for a portion of the
cost of the proposed improvement shall include Tract C, Ius 1455; the Southerly
220' of Tract 4, Tract H, the Westerly 310' and Easterly 230.88' of Tract M, RLS
629; Tracts A & D, RIS 1171; Tracts A & B, RIS 1366; and Tract A, RLS 1466.
STREET LIGHTING IMI?ROV"T NO. BA-291
RESOLUTION
Relating to Parking Restrictions On
S.A.P. 120-159-02 from France Avenue to Xerxes Avenue
in the City of Edina, Minnesota.
THIS RESOLUTION, passed this 21st day of May, 1990, by the City of Edina in
Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called
the "City".
WITNESSETH :
WEIEREAS, the City has planned the improvement of BAS 159 (West 69th Street) from
France Avenue to Xerxes Avenue, and
WHEREAS, the City, will be expending Municipal State Aid Funds on the improvement
of this Street, and
WHEREAS, this improvement does not provide adequate width for parking on both
sides of the street, approval of the proposed construction as a Municipal State
Aid Street project must therefore be conditioned upon certain parking
restrictions, and
WHEREAS, the extent of these restrictions that would be necessary prerequisite to
the approval of this construction as a Municipal State Aid project in the City,
has been determined.
NOW, THEREFORE, IT IS HEREBY RESOLVED: That the City shall ban the parking of
motor vehicles on both sides of BAS 159 (West 69th Street) at all times.
DATED this 21st day of May, 1990.
I
ATTEST :
Mayor
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolutions adopted .
FINAL REZONING TO PRD-2 PLANNED RESIDENCE DISTRICT AND FINAL PLAT (CLARKS 2ND
ADDITION) APPROVED FOR RON CLARK DEVELOPMENT (70TEl & CAH1I;L): HERITAGE
PRESERVATION OVERLAY DISTRICT REPEALED Affidavits of Notice were presented,
approved and ordered placed on file.
I
68 5/21/90
Presentation bv Planner
Planner Craig Larsen recalled that at the meeting of April 16, 1990, the Council
had considered the final rezoning and final plat proposal for property generally
Council referred the request back to the Community Development and Planning
Commission to reconsider the final rezoning on the townhouse portion of the
proposed development.
the marker to commemorate the Cahill Settlement.
. located south of West 70th Street and west of Cahill Road. At that time the
The Council also said they wanted a firm recommendation on
OnMay 2, 1990 the Planning Commission considered the final rezoning and again
voted to recommend approval for rezoning to PRD-2 for the townhouse portion of the
project. The Historical Society, the Heritage Preservation Board and the Park
Board have considered the design and location of the Cahill Settlement historic
marker.
northeast corner of the townhouse development. In addition, they recommended
schematic Plan "B" for the marker, e.g. with retaining wall set into the hill and
with-a kiosk that mimics the old St. Patrick's Church bell tower.
All three boards are recommending that the marker be constructed in the
Conditions that were imposed at preliminary approval, in staff's opinion, have
been complied with.
and adoption of the ordinance repealing the Heritage Preservation Overlay
District, subject to: 1) Developer's agreement, 2) Executed slope easement and
easement for commemorative marker, and 3) Subdivision dedication based on an
unimproved land value of $1,800,000.
Staff would recommend final rezoning and final plat approval
Member Kelly asked, if approval is given, what recourse the City would have with
regard to the landscaping. Planner Larsen explained that the PRD-2 zoning would
require a minimum of 52 overstory trees, based on the perimeter of the site . The
developer would be bound by the landscape plan that has been submitted which shows
53 overstory deciduious trees and 92 conifer trees for a total of 145. The
developer must post a landscaping bond or letter of credit equal to 150% of the
cost of the landscaping to insure that the landscaping is put in and survives one
full growing season if the site is irrigated and two seasons if it is not.
I
Member Rice asked for comment on the letter dated May 21, 1990 from Dale
Kiedrowski, 5704 West 70th Street, in which he presented new information and data
in support of a reduction to 12 lots for the single family portion of the
development. Planner Larsen observed that, although he did not disagree with any
of Mr. Kiedrowski's calculations, people are reaching different conclusions based
on those numbers.
the single family homes, those homes still would retain the ownership of that
land.
slopes.
Secondly, as to the conservation easement taking away land from
The easement is to insure that there be open space and protection of those
Presentation bv ProDonent
Ron Clark, proponent, submitted that it has been difficult for the neighbors and
others who have followed the proposed project to really visualize what it will
look like when it is built out, landscaped and totally completed. It was
suggested that it may be helpful to take photos to illustrate the various
setbacks, elevations, landscaping and berming for the site. Mr. Clark said that
they have taken those photographs and proceeded to show slides which were
explained by Mike Gair, consultant for the project.
I In summary, Mr. Gair explained that a change in the plan has been made for the
westerly nine unit townhouse cluster.
farthest from West 70th Street has been eliminated and a single level rambler with
walkout is proposed to mitigate the massing of the four unit most westerly
building. There has been a considerable reduction in the bulk of the townhouse
buildings from the original plan with the number of units reduced from 25 units to
21 units. There were three accesses along West 70th Street; now only two are
The second story of the westerly unit
5/21/90 61
proposed.
Street.
opposed to the previous six-units. In the case of the single family lots, all
meet or exceed the median lot area, size and dimension requirements of the
500-foot neighborhood. The conservation easement has been imposed to protect the
existing slopes and woodlands on the rear of the properties. Final architecture,
building design and orientation of those homes will be the subject of individual
preference and engineering consideration within the City code. The townhomes are
proposed to sell at $225-300,000 and the single family homes at $300-700,000.
development plan meets the requirements of City ordinances with the exception of
variances for single family Lots 7 and 13.
ordinance requirements.
The westerly townhouse building is set back 90 feet from West 70th
The two twin buildings are set back 30 feet and are two unit buildings as
The
All townhome lots meet or exceed
Public Comment
For the record, it was noted that correspondence regarding the development had
been received from Dale Kiedrowski, 5704 West 70th Street; Bette Kent, 5913 Ewing
Avenue So; John Helland and Linda Smithson, and Kermit Wilson, 7525 Cahill Road,
apd has been made available to the Council.
The following spoke in opposition to the proposed development: Henry Rutledge,
5501 Village Drive, expressed concern about losing green space and whether the
landscaping would be adequate. Dale Kiedrowski, 5704 West 70th Street, said he
was concerned about the crowded land use, substandard lots in the single family
portion, and that private space was being compromised. Ted Steen, 5524 West 70th
Street, objected to the density of the townhome portion and suggested that the two
twin units closest to West 70th Street be eliminated. Joe Alexander, 5600
Hillside Court, said he hoped that the oak trees and the wild area would be
preserved and that there would be access to the wild area for neighborhood
children. Mike Lilja, 5809 McGuire Road, said he would like to see public access
to the park area from the north. John Helland, 5720 McGuire Road, mentioned the
value of the wild life area and that access should be available to the local
neighborhood. Linda Smithson, 5608 West 70th Street, stated that the list of
citizens that are opposed to the development has grown to 265 in number, that the
central issue is the density and massing of the townhouse proposal, and that many
of the neighbors could endorse Mr. Steen's suggestion that.the two twin units next
to West 70th Street be eliminated which would open up the development. Thurl
Quigley, 5804 West 70th Street, spoke to the issues of density and massing and
suggested that unless the density is reduced the proposal be tabled until the
Council has addressed the massing issue.
of oak trees and the access to Lewis Park which the neighborhood has been using
for years. Charles Lawrence, 5701 McGuire Road, said he still had concern about
increased traffic from the townhouses, that he had hoped the neighbors could have
input into what is developed on the property, and that in looking at the existing
multi-family units on Cahill Road all that is seen is pavement and garage doors
with a little green for accent.
He also mentioned concern about the loss
The following spoke in support of the development: Darlene McDonald, 5501 Village
Drive, who mentioned the density is lower than ordinance requirements and that
Edina needed more one level townhomes. Lyle Sours, 5547 Village Drive, stated
that the proposal exceeds ordinance requirements and he supported the proposal as
presented.
Council Comment
Member Smith asked the developer to respond to the issue of public access to the
park.
on and yet achieve an acceptable level of privacy for future buyers.
is further encumbered with a trail through the middle or on the west side of the
single family homes it would strangle any change of success.
there is access to the park via the sidewalk along West 70th Street and Cahill
Road.
Mr. Clark said that the site is extremely difficult to design nice housing
If the site
He pointed out that
62 5/21/90
Member Rice asked about the issue of the oak trees on the easterly portion of the
site. Mr, Gair said he did not have the exact number that would come out but the
engineering concept was to keep the townhomes out of the oak areas.
Mayor Richards responded to some of the comments that had been made regarding
single family versus multi-family. The single family home is the predominant
housing stock in the community as validated by the City's Mission Statement.
However, the Council also has an obligation to look at a broader perspective as to
variety and choices of housing stock. The Comprehensive Plan was last reviewed in
1987 and there are three members who were on the Council at that time that said
this land was to be developed as medium density. The proposal under consideration
is consistent with the low end of what the Plan designated for the site. The
issue of massing is a difficult one.
District (with five foot setbacks from existing structures) it is a different
concept in comparision with the southwest quadrant of the City. He questioned
whether it is relevant and can be applied to the proposal under consideration.
to routine approval of variances, he said that is not the reality as he has seen
the process.
proposal because he felt the 13 single family housing units and the 21 townhome
units as proposed are reasonable.
I
However, when applied to the Country Club
As
Mayor Richards concluded by saying that he would support the
Member Smith then moved Second Reading and adoption of Ordinance No. 825-835 as
follows, subject to the following conditions: 1) Developer's agreement, 2)
Executed slope easement and easement for commemorative marker, and 3) Subdivision
dedication:
ORDINANCE NO. 825-A35
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 815) I BY ADDING TO THE PLANNED RESIDENCE DISTRICT (PRD-2)
TBE GITY COUNCIL OF THE CITY OF EDINA, MNNieSOTA, ORDAINS:
the following thereto:
Section 1.
"The extent of the Planned Residence District (Sub-District PRD-2) is
enlarged by the addition of the following property:
That part of the Northwest Quarter of the Northeast Quarter of Section 8,
Township 116, Range 21, lying north of the north line of the south 32 acres
thereof, vhich lies easterly of the following described line:
Section 6 of Ordinance No. 825 of the City is amended by adding
Commencing at the northwest corner of said Northwest Quarter of the
Northeast Quarter of Section 8; thence on an assumed bearing of North 89
degrees 49 minutes 20 seconds East, along the north line of said Northwest
Quarter of the Northeast Quarter, 477.30 feet to the point of beginning;
thence South 32 degrees 10 minutes 40 seconds East 99.84 feet; thence South
06 degrees 09 minutes 10 seconds East 162.11 feet; thence South 56 degrees
39 minutes 03 seconds East 43.97 feet to the intersection of the north
line of said South 32 acres and said line there terminating."
Sec. 2.
and publication.
ATTEST :
This ordinance shall be in full force and effect upon its passage
Mayor
7@zdiuL%-
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted. I Member Smith introduced the following resolution and moved its adoption, subject
to: 1) Developer's agreement, 2) Executed slope easement and easement for
commemorative marker, and 3) Payment of subdivision dedication fee in the amount
of $144,000 based on unimproved land value of $1,800,000:
5/21/90 63
RESOLUTION GRANTING FINAL APPROVAL
FOR CLBRKS 2ND ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled “CLARKS 2ND ADDITION”, platted by R.E.S., Inc., a Minnesota
corporation, and American National Bank and Trust Company, a national banking
association, and presented at the regular meeting of the City Council of May 21,
1990 be and is hereby granted final plat approval.
Motion for adoption of the resolution was seconded by Member Rice.
Member Paulus made the following comments for the reason that she would be the
swing vote on the development proposal: 1) Green space - in looking at the
characteristics between west and east Edina, west Edina has larger lots.
looking at the projection of what will happen as more acreages are subdivided, the
residents will have to understand that this trend will result in less green space.
2) Multiple housing cannot be created with greater green space. The amount of
streets and driveways that are needed is a characteristic of townhouse
development. 3) Time was taken to consider the development proposal as evidenced
by referring it back to the Planning Commission.
was set by the Council months ago.
asked and to stop it at this point would be difficult from a legal standpoint.
Member Kelly commented that the hardest decision for her was the rezoning as she
had wanted this to be all single family housing. However, the Council must look
at the highest and best use of the land.
should maintain the integrity of the neighborhood.
addressed those issues as best as can be done.
portion of the property just would not work because of the 270 foot depth.
said she would support the motion because she felt it will be a successful
project.
In
4) The tone for this development
The developer has come through with what was
It also must be economically viable and
The reworking of the plan has
Single family homes on the east
She
Member Smith remarked that the Council has tried to position the development to
balance the best interest of the neighbors against the reality of what would
ultimately be developed there.
use designation has been reduced from medium to low density, it creates a buffer,
and the modifications that have been made are good.
He said he supported the proposal because the land
Mayor Richards then called for vote on the motion on the floor.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
Member Smith introduced Ordinance No. 825-834 for Second Reading and moved its
adoption as follows:
ORDINANCE NO. 825-A34
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
TO REMOVE PROPERTY FROM THE HERITAGE PRESERVATION OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 6 of Ordinance No. 825 of the City is hereby amended by
removing the following described property from the Heritage Preservation Overlay
District (HPD) :
“That part of the Northwest 1/4 of the Northeast 1/4 of Section 8, Township
116, Range 21 described as follows:
Commencing at the Northeast corner of the Northwest one quarter of
Northeast one quarter thence South 15.5 rods, thence West
15.5 rods, thence North 15.5 rods, thence East 15.5 rods to beginning; and
Commencing in the North line of Northwest one quarter of Northeast one
quarter at a point 914.4 feet East from the Northwest corner thereof, then
South 271.8 feet to North line of South 32 acres of Northwest one quarter
of Northeast one quarter, then East to Northeast corner of said 32 acres,
then North 16.55 feet, then West 15.5 rods, then North 239.2 feet, then
64 5/21/90
West 161.6 feet to beginning except roads." I Sec. 2.
and publication.
This ordinance shall be in full force and effect upon its passage
ATTEST : Y&
Mayor 74&%M
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
PRELIKINBRY REZONING APPROVAL GRBNTED FOR WALGREEN'S. 4916 FRANCE AVENUE SOUTH
Planner Larsen recalled that the request for preliminary rezoning from PCD-4 to
PCD-2 for property at 4916 France Avenue South was heard by the Council at its
April 16, 1990 meeting. The proposal was to remove the existing gas station at
France Avenue and West 49 1/2 Street and to construct in its place a Walgreen's
drug store.
issues raised by the Council.
The hearing was continued to allow the proponent to address the
The site plan presented at that time showed the long orientation of the proposed
Walgreen's building along France Avenue, served by one way parking accessed off of
France Avenue and exiting on West 49 1/2 Street.
Since the April 16 meeting, the proponents have met with City staff and the Board
of the 50th and France Business Association.
criticisms of the Council and the Association, the proponents have submitted
revised plans for consideration.
In response to comments and
Changes to the proposed development are:
1)
2)
3)
The building has been rotated 90 degrees so that the long axis is now
along France Avenue.
Building length has been reduced from 110 feet to 105 feet with a
resulting reduction in floor area of 390 square feet.
Parking is relocated to the west side of the building with the main
access off 49 1/2 Street.
two-way, and the number of spaces is increased from 16 to 17. The curb
cut on France Avenue was moved slightly to the north to allow further
stacking space.
The blind pedestrian crossing at the southwesterly corner of the property
has been removed providing a safer condition for pedestrians using 49 1/2
Street.
The display windows are now located on the 49 1/2 Street side of the
building.
glass panels instead of brick.
Circulation is changed from one-way to
4)
5)
The long axis along France Avenue will be treated with opaque
Upper windows will remain transparent.
Planner Larsen mentioned that in addition to the site plan and design concerns,
questions were raised as to the amount of the parking assessment. He referred to
a memorandum dated May 21, 1990 from Assistant Manager Hughes which explained the
history of the proposed assessment of $2.15/square foot.
decide to continue past practice the parking assessment would be $9,430.
amount has been lowered due to the reduction in building size and the addition of
one parking space on site.
If the Council should
The
I Presentation bv Proponent
David Runyan, representing the proponent, said the changes had been fairly
presented and added these comments:
1) The use of two-way traffic circulation is a good approach for the site,
and one additional parking space has been provided.
5/21/90 65
2)
3)
4)
The safety on the southwesterly corner of the site has been improved. ,
The building has been reduced in size in order to make the reorientation
work.
The facade on the France Avenue side will have bays that are glazed to
appear as though there are windows which could be removed if needed.
appearance of the store has been softened somewhat. The building will
have "mood lighting" on the France and 49 1/2 Street sides to add
interest.
The
Member Kelly asked how the City would be assured that the building that is
constructed is of the design and materials as presented.
that the request is for Planned Commercial District zoning and if approved would
be for the particular building for which plans have been submitted as now
modified.
Planner Larsen explained
Member Smith noted that the Walgreen's building would be located closer to the
existing housing to the north and said he was concerned that the light from the
fixtures may shine into those windows.
"shoebox" fixtures so that the light would only shine down onto half of the drive
aisle.
Mr. Runyan explained that these are
Member Paulus said she felt this would still look like a 1990 building in an area
of the town that was developed in the 1930-1940 era and wondered if the look could
be softened with a facade so that it would blend in better. Mr. Runyan said there
would be no chrome/mirror and that they would try to pick up some of the brick
feeling along the street.
exterior so that it would not have a flat brick appearance. The type of light
fixtures on the piers would also give it a more traditional look.
In addition, detail would be added to the brick
Public Comment
Hosmer Brown, 50th & France business owner, said he was present primarily to
present a resolution and motion passed by the 50th & France Business &
Professional Association on April 26, 1990.
France corner commenting that they have been cooperative as evidenced by the
revised plan. Because the 50th & France renovation project will include new
street lights, he suggested that the light fixtures for the Walgreen's building be
of a type that would blend in with the new street lights.
In summary, the motion stated that the Board favored the building of the
Walgreen's store at France and West 49 1/2 Street contingent on the following:
1) Due to current/projected traffic the Association requested:
a.
b.
He welcomed Walgreen's to the 50th &
A left hand turn semaphore arrow at the 'intersection of Franceflest 49
A left hand turn semaphore arrow at the intersection of France/West 50th
1/2 Street in the north bound lane on France, and
Street in the south bound lane on France.
2) That the loading zone originally in front of Harvey Hanson Realty in the east
bound lane on West 49 1/2 Street be reinstated.
3) That in light of the current parking situation, the impending new restaurant,
renovation of the Peterson Mall and the Walgreen's store, that the Council make
a commitment to the construction of a new ramp on the north side of West 49 1/2
Street at the location of the municipal parking lot.
4) That the "smaller" Walgreen's building as shown to the Association with two-way
traffic flow and right angle parking be accepted as the most desirable plan.
Mayor Richards submitted that the issue of the parking ramp would be addressed at
the public hearing scheduled for June 4 and that the traffic issues should be
directed to the Traffic Safety Committee for their recommendation.
Member Kelly said she was concerned about setting a precedent on the parking
variance, with the assumption that the extra parking demand would be in the
66 5/21/90
proposed ramp.
Ordinance that addresses this area specifically where the bulk of the parking to
support these businesses is through public parking ramps.
Planner Larsen pointed out that there is a provision in the Zoning
Member Rice said he still felt there is too much building for the parking provided
although he was encouraged by the support for the project from the 50th and France
Business & Professional Association. He said that the land use was excellent but
that he criticized the parking and felt we should look further at that.
Member Smith introduced Ordinance No. 825-836 for First Reading as follows:
ORDINANCE NO. 825-A36
AN ORDINANCE AMENDING ORDINANCE NO. 825
BY REZONING PROPERTY TO PCD-2 PIANNED COMMERCIAL DISTRICT
FROM PCD-4 PIANNED COMMERCIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
-Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding
the following thereto:
"The extent of the Planned Commercial District (PCD-2) is enlarged by the
addition of the following property:
Lots 21 and 22, also the south 42.5 feet of Lot 20, also the north 7.5 feet
of Lot 23, Auditors Subdivision No. 172, according to the recorded plat
thereof, Hennepin Councy, Minnesota.
Except
That part of Lot 22 and the north 7 1/2 feet of Lot 23, Auditors
Subdivision No. 172, Hennepin County, Minnesota, according to the recorded
plat thereof, lying southerly and easterly of the following described line:
Beginning at a point on the east line of said Lot 22 distant 27.84 feet
north from the southeast corner of said lot; thence southwesterly 38.38
feet along a curve tangent to said east line, concave to the northwest,
radius 25.00 feet, central angle 87 degrees 58 minutes 04 seconds; thence
tangent to said curve 110.95 feet, to a point in the west line of said
Lot 23 distant 2.40 feet south of the northwest corner thereof.
The extent of the Planned Commercial District (PCD-4) is reduced by removing
the property described above from the PCD-4 District."
Sec. 2.
and publication.
Motion for First Reading of the ordinance was seconded by Member Rice.
Following further discussion on the building materials and the parking issue,
Mayor Richards called the motion on the floor.
This ordinance shall be in full force and effect upon its passage
Rollcall :
Ayes: Paulus, Rice, Smith, Richards
Nays: Kelly
First Reading granted.
PRELIMINARY PLAT APPROVED FOR LOT 5. BLOCK 1. HMR WOODS ADDITION Affidavits of
Notice were presented, approved and ordered place on file.
presented the request for preliminary plat approval for subdivision of Lot 5,
Block 1, Muir Woods, located at 7120 Valley View Road.
The subject property is a developed single family lot with an area of 81,073
square feet.
resulting two lots would have areas of 40,073 square feet and 41,630 square feet.
The "neighborhood" as defined by Ordinance No. 804 includes 27 developed single
family lots.
Planner Larsen
The proposed subdivision would create one additional new lot. The
Median areas and dimensions for the neighborhood are as follows:
Median lot area:
Median lot width: 93 feet
14,500 square feet
5/21/90
Median lot depth: 152 feet
67
The two lots in the proposed subdivision have the following areas and dimensions:
Lot 1 Lot 2
Lot area: 40,073 square feet 41,630 square feet
Lot width: 145 feet 265 feet
Lot depth : 260 feet 157 feet
Lot width to perimeter ratio: 0.19 0.30
The Subdivision Ordinance No. 804 sets the neighborhood median lot area, width,
and depth as minimum standards for proposed new lots. Both lots in the proposed
subdivision exceed the neighborhood requirements. In addition, both lots exceed
the minimum lot area to perimeter ratio of 0.1.
The proposed subdivision is essentially identical to a subdivision given
preliminary approval by the Planning Commission and Council in 1987.
proponents did not return for final approval within the required one year period.
Thus the proposal was automatically denied.
In summary, Planner Larsen said the proposed subdivision meets or exceeds
requirements of the Subdivision and Zoning Ordinances and that no variances are
required. The proposal is essentially the same as one previously approved with
the only difference being that this proposal would not save the existing dwelling.
Staff would recommend approval subject to: 1) Final plat approval,
2) Subdivision dedication, and 3) Utility connection charges.
The
The Community Development and Planning Commission heard the proposal at its
meeting of May 2, 1990 and recommended approval subject to conditions outlined by
staff and with the additional condition that a scenic easement for Lots 1 and 2 be
implemented to protect the wooded steep slopes and vegetation on the east and west
edges of the lot and that the driveway be located to cause minimal impact on the
slopes and vegetation.
Planner Larsen said that the proponent, Jane Cunningham, was present to answer any
questions. Mayor Richards asked Ms. Cunningham if she understood that the issue
of the scenic easement and the driveway location must be resolved prior to final
plat approval. Ms. Cunningham answered that she did. No further comment or
ob j ection was heard.
Member Rice introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PRELIMINARY PLAT
FOR CUNNINGHAM ADDITION
BE IT RESOLVED by the City Council of the City of Edha, Minnesota, that that
certain plat entitled "CUNNINGHAM ADDITION", platted by Jane A. Cunningham, a
single person, and presented at the regular meeting of the City Council of May 21,
1990, be and is hereby granted preliminary plat approval.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*REPORT GIVEN ON SIGN ORDINANCE NO. 451 RELATING TO CAMPAIGN SIGNS In the 1990
session, the Legislature amended the Fair Campaign Practices Act to address
"non-commercial signs. The effect of the amendment is to prevent cities from
regulating in any way signs posted between August 1 and ten days after the
election in a general election year. Currently, the City regulates the location,
size and number of signs posted on private property.
The statute refers to non-commercial signs, but the amendment is to the Fair
Campaign Practices Act. The statute does not define non-commercial signs. In the
68 5/21/90
opinion of the City Attorney, by letter dated May 11, 1990, the City would have
control over location of the signs and it would be a fair interpretation of the
statute to restrict the "non-commercial" signs to "campaign material".
will also continue to require that signs be posted only on private property.
UPDATE GIVEN ON RESEBRCH OF MASSING ISSUE
that, based upon the Council action of May 7, 1990, staff is pursuing the
following areas of research on the "massing" issue:
The City
Manager Rosland informed the Council
A. Urban Land Institute research service - Looking for alternative
B.
C.
approaches to development limits on single family lots.
LMC research service - Looking for similar information as ULI but on
state level.
Contacting similarly situated suburban communities nationwide to see if
they have experienced similar problems - Contact by Planning Department.
Copies have been provided for the Council's review.
-D. Review of Building Scale Study for the City of Lake Forest, Illinois -
In conducting the research staff will be looking for the traditional as well as
the non-traditional approaches to restrict development on single family lots.
Examples of traditional approaches would be setbacks, lot coverage and height
limitations. Non-traditional approaches may include: floor area ratios, cubic
area limits, and rules to insure compatibility in an existing neighborhood.
The result of staff's research will be a draft ordinance for Council consideration
by the second meeting in July or the first meeting in August. The draft ordinance
would be more restrictive than the City's present ordinance.
A separate but related issue is the historical integrity of the Country Club area
as it relates to its place on the National Register of Historic Places.
Heritage Preservation Board will be reviewing recent construction activity in the
area. The result of the Board's review may include recommendations for some form
of design control.
It was the consensus of the Council that the proposed areas of research would
serve to address the massing issue and concerns of the Council.
The
This would be subject to review and approval by the Council.
PTJBLIC HEBRING CONDUCTED: RESOLUTION ADOPTED REUTING TO ISSUANCE OF RE- BONDS
TO FINANCE MULTIFAMILY HOUSING DEVEIX)PMENT AND APPROVING MELTIFAKCLY HOUSING
PROGRAM Pursuant to due notice given, a public hearing was conducted on a housing
program of the City under Minnesota Statutes, Chapter 462C, and the issuance of
revenue bonds in order to finance a 72-unit multifamily residential facility to be
constructed primarily for rental to persons 55 or older at the northwest corner of
the intersection of York Avenue South and Parklawn Avenue.
Assistant Manager Hughes stated that in accordance with the Council's direction of
April 16, 1990, a public hearing has been scheduled and the necessary documents
have been prepared for consideration of the subject revenue bond issue.
resolution would provide for the approval of the housing program for the project.
It would also grant preliminary approval to the project including the issuance of
revenue bonds for project financing and would authorize the submission of the
housing program to the Minnesota Housing Finance Agency (MHFA).
bond documents will then be prepared. Assuming approval by MHFA, the Council
could expect to consider final approval in 60 to 90 days.
The Council was asked to particularly note Section 2.05 and 2.06 of the
resolution.
associated with the issuance of the bonds whether or not the development program
is carried out. Section 2.06 notes that the City retains the right to not issue
the bonds if it determines that the issuance is not in the City's best interest.
A draft
If adopted, final
Section 2.05 provides that the developers will pay all costs
5/21/90 69
Assistant Manager Hughes referred to a letter dated May 17, 1990, from Keith S.
Jans, Director of Capital Improvement for Walker Management and Development, Inc.
which addressed three issues which staff had raised concerning the proposal. The
letter verifies that Walker Methodist, Inc. will guarantee to pay all operating
deficits and debt service on the bonds. The letter also proposed a City fee in
connection with the bond issue of $25,000. This is proportional to the fee that
the City has received for other bond issues in the City.
Mr. Jan's letter also addressed the concept of a covenant that the property will
remain taxable during the life of the bonds.
South East Edina Tax Increment Financing District, the collection of tax
increments from the development is important.
will agree not to pursue a tax exempt classification for the property during the
time that the bonds are outstanding. This covenant, however, would be conditioned
upon certain tax increment collection levels being achieved.
this covenant should be unconditional.
Because this property is within the
The letter verifies that Walker
In staff's opinion,
If the Council wishes to proceed with the revenue bonds, staff would recommend
adoption of the resolution, conditioned upon a guarantee from Walker Methodist, a
City fee of $25,000, and an unconditional covenant *at the property will remain
taxable during the life of the bonds.
Keith Jans, Director of Capital Development for Walker Management and Development,
stated that the third condition concerning the unconditional covenant is somewhat
unusual. He said Walker questioned why this covenant should be imposed when they
are not requesting any tax increment assistance for the project.
pointed out that the staff is recommending an unconditional covenant that the
property will remain taxable during the life of the bonds, not the life of the
project. Mr. Jans said because they would like to have the bond issue approved,
Walker would concede on that issue.
Mayor Richards
For the record, Mayor Richards noted that a memorandum dated May 18, 1990 had been
received from Henry Hyatt in objection to the project and the issuance of bonds
for the reason that the development would be directly competitive to Edina Park
Plaza. No further comment or objections were heard.
Member Rice introduced the following resolution and moved its adoption, subject to
1) Guarantee from Walker Methodist, 2) City fee of $25,000, and 3) Unconditional
covenant that the property will remain taxable during the life of the bonds:
RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS
PURSUANT TO MINNESOTA STATUTES, CWTER 4626, FOR THE
PURPOSE OF FINANCING A MULTIFAMILY HOUSRlJG DEVELOPMENT;
GIVING PRELIpiINBRY APPROVAL TO THE DEVELOPHENT, APPROVING A
MULTIFAMILY HOUSING PROGRAM AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the llCityll) as
follows :
Section 1. Recitals.
1.01. By the provisions of Minnesota Statutes, Chapter 4626, as amended (the
"Act"), the City is authorized to plan, administer, issue and sell revenue bonds
or obligations to make or purchase loans to finance one or more multifamily
housing developments within its boundaries which revenue bonds or obligations
shall be payable solely from the revenues of the development or other security
pledged therefor.
The Act provides that, prior to issuing revenue bonds or obligations
to finance a multifamily housing development, the City must develop a housing
plan, and after holding a public hearing thereon after notice published at least
thirty days prior thereto, submit the housing plan for review to the Metropolitan
Council.
1.02.
1.03. Pursuant to the Act, this Council has adopted a housing plan.
90 5 / 2 1 / 9 0
1.04. The Act further provides that the Ciw may plan, administer and make
or purchase a loan or loans to finance one or more developments of the kinds
described in subdivisions 2,3,4 and 7 of Section 462C.05 of the Act upon adoption
of a program setting forth the information required by subdivision 6 of Section
462C.05 of the Act after a public hearing thereon after fifteen days published
notice and upon approval by the Minnesota Housing Flnance Agency as provided by
Section 462C.01 of the Act on the basis of the considerations stated in Section
462C.04 of the Act.
1.05. Representatives of Walker Assisted Living Corporation I, a Minnesota
nonprofit corporation (the "Developer"), have advised this Council of its desire
to acquire land located within the geographical limits of the City at the
northwest corner of the intersection of York Avenue South and Parklawn Avenue and
construct and equip thereon a multifamily rental housing development containing
approximately 72 units, together with parking and related and subordinate
facilities designed for rental primarily to persons 55 or older and for frail
elderly who require managed assistance with daily activities but do not need to be
institutionalized (the "Development") .
presented estimated by the Developer to be approximately $6,000,000.
its revenue bonds in one or more series (the "Bonds") pursuant to the authority of
the Act in such aggregate principal amount as may be necessary to finance all or a
portion of the costs of the Development and make the proceeds of the bonds
available to the Developer, directly or indirectly, for the acquisition,
construction and equipping of the Development, subject to agreement by the
Developer to pay promptly the principal of and interest on the Bonds.
requirements of subdivision 5 of Section 462C.05 of the Act for the Development
and the issuance of the Bonds (the "Program"), a copy of which is attached as
Mibit A hereto. A copy of the Program has been submitted to the Metropolitan
Council for review and comment as required by the Act.
accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986,
as amended, on the Program, any comments on the Program submitted by the
Metropolitan Council were presented to the Council and all parties who appeared at
the hearing were given an opportunity to express their views with respect to the
Program and interested persons were given the opportunity to submit written
comments to the City before the time of the hearing.
Total development and financing costs are
1.06. Representatives of the Developer have requested that the City issue
1.07. A multifamily housing program has been prepared pursuant to the
1.08. At a public hearing, duly noticed and held on Hay 21, 1990, in
Section 2. Approvals and Authorization.
2.01. The Program is hereby approved and it is hereby found and determined
that it would be in the best interests of the City to issue the Bonds under the
provisions of the Act in an amount currently estimated to be $6,900,000 to finance
all or a portion of the cost of the Development.
development is hereby given preliminary approval by the City.
be issued until the Program has been reviewed by the Minnesota Housing Financing
Agency as provided by the Act until the other requirements of the Act have been
satisfied, until the requirements of Section 145 of the Internal Revenue Code of
1986, as amended (the "Code") and all other provisions of the Code, necessary in
order to assure the tax exemption of the interest on any of the Bonds be interest
on which is intended to be excludable from federal income taxation have been
satisfied, and until the City, the Developer and the purchaser or purchasers of
the Bonds have agreed upon the details of the Bonds and the provisions for their
payment.' The principal of, premium, if any, and interest on each Bond, when, as
and if issued, shall be payable solely from the revenues of the Development and
the property pledged to the payment thereof and shall not constitute a debt of the
City within the meaning of any constitutional and statutory limitation. The City
Attorney and other officers of the City are authorized to initiate preparation of
such documents as may be appropriate to the financing of the Development setting
forth the detailed terms of the Bonds, the security therefor and the provisions
2.02. The Development and the issuance of the Bonds to finance the
The Bonds shall not
5/21/90 71
for payment of
with state and
the principal, premium, if any, and interest thereon in compliance
federal statutes and reeulations.
2.03. Pursuant to subdivision 1 Gf Section 4626.07 of the Act, in the making
of the loan to finance acquisition, construction and equipment of the Development
and the issuance of the Bonds or other obligations of the City, the City may
exercise, within its corporate limits, any of the powers of the Minnesota Housing
Finance Agency may exercise under Chapter 462A, Minnesota Statutes, without
limitation under the provisions of Chapter 475, Minnesota Statutes.
2.04. In accordance with Section 4626.04, subdivision 2 of the Act, the
Mayor and City Manager are hereby authorized and directed to cause the Program to
be submitted to the Minnesota Housing Financing Agency for review.
City Manager, City Attorney and other officers, employees and agents of the City
are hereby authorized and directed to provide the Minnesota Housing Financing
Agency with any preliminary information needed for this purpose.
The Developer has agreed to pay directly or through the City any and
all costs incurred by the City in connection with the Development whether or not
the Program is rejected by the Minnesota Housing Finance Agency; whether or not
the Development is carried to completion; and whether or not the Bonds are issued.
2.06. The City retains the right, in its sole discretion, to withdraw from
participation, and, accordingly, not issue the Bonds should the City at any time
prior to the issuance thereof determine that it is in the best interest of the
City not to issue the Bonds.
21st day of May, 1990.
The Mayor,
2.05.
'
Passed and adopted by the City Council of the City of Edina, Minnesota this
EXHIBIT A
PROGRAM FOR A MULTIFAMILY HOUSING DEVELOP ME^
ED=, MINNESOTA
Pursuant to Minnesota Statutes, Chapter 462C (the "Act") the City of Edina
(the "City") has been authorized to develop and administer programs of multifamily
housing developments under the circumstances and within the limitations set forth
in the Act. In particular, Section 462C.05, subd. l(a), provides that the City
may assist in the acquisition of a site and the construction of a new development.
Minnesota Statutes, Section 4626.07 authorizes such programs for a multifamily
housing development to be financed by revenue bonds issued by the City.
revenue bonds (the "Bonds") to finance the acquisition and construction of a
72-unit multifamily housing development located at the northwest comer of the
intersection of York Avenue South and Parklawn Avenue in the City (the "Project").
The Project will be owned by Walker Assisted Living Corporation I, a Minnesota
nonprofit corporation (the "Borrower"). The Borrower is an affiliate of Walker
Residence Group.
is designed for frail elderly who require managed assistance with daily activities
but do not need to be institutionalized. Assisted living services will be
provided to the occupants of the Project, including the availability of three
meals daily, housekeeping, transportation, security, social and recreational
activities and managed care services.
groups with four or five units per cluster, each surrounding a common social area.
The cluster group will contain a mixture of studio and one-bedroom units including
kitchens.
common area amenities include a main parlor, dining room, library and social
activities room.
In establishing this multifamily housing program (the "Program") the City has
considered the information contained in the City's 462C housing plan, of which
this Program forms a part (the "Housing Plan"), including particularly (1) the
availability and affordability of other government housing programs; (2) the
availability and affordability of private market financing for the acquisition of
multifamily housing units (3) the recent housing trends and future needs of
persons and families residing and expected to reside in the City.
It is proposed that the City issue one or more series of multifamily housing
The Project will be rented primarily to persons 55 or older and
Living units in the Project will consist of a series of separate cluster
The units will be specially designed for frail elderly persons. The
z2 5/21/90
The City, in adopting this Program, has further considered the Program and
SUBSECTION A. Program for Financing the Project. It is proposed that the I its compliance with the Housing Plan and its objectives and the cost to the City.
- City facilitate the financing of the Project. To do this, the City expects to
issue the Bonds, the proceeds of which will be lent to the Borrower and applied to
pay the costs of the Project.
years and will be priced to the market at the time of issuance.
amount of Bonds to be issued will not exceed $6,900,000.
The City intends to select and contract with a trustee experienced in trust
matters to administer the Bonds.
Insofar as the City will be contracting with underwriters, legal counsel,
bond counsel, the trustee, and others, all of whom vi11 be reimbursed from bond
proceeds or amounts paid by the Borrower, no administrative costs will be paid
fromthe City's budget with respect to this Program.
general obligation bonds of the City, but are expected to be paid from revenues of
the Project and any additional collateral pledged by the Borrower or an affiliate.
Project Pursuant to this Program.
apply with respect to the operation of the Project by the Borrower pursuant to
this Program:
1. The proceeds of the sale of the Bonds will be used to finance the
Project, pay costs of issuance of the Bonds and establish a reserve fund for the
Bonds. The funds will be made available to the Borrower pursuant to the terms of
the Bond offering, which may include certain covenants to be entered into between
the City and the Borrower.
2.
tenant because of race, color, creed, religion, national origin, sex, marital
status, age or status with regard to public assistance or disability.
3. The Project will be operated primarily for the benefit of elderly
persons.
SUBSECTION C. Severability. The provisions of this Program are severable
and if any of its provision, sentences, clauses or paragraphs shall be held
unconstitutional, contrary to statute, exceeding the authority of the City or
othervise illegal or inoperative by any court of competent jurisdiction, the
decision of such court shall not affect or impair any of the remaining provisions.
authorized hereby are outstanding to the detriment of the holders of the Bonds.
It is contemplated that the Bonds shall mature in not more than thirty (30)
The principal
The City vi11 hire no additional staff for the administration of the Program.
The Bonds will not be
SUBSECTION B. Standards and Requirements Relating to the Financing of the
The following standards and requirements shall
I The Borrower will not arbitrarily reject an application from a proposed
SUBSECTION D. Amendment. The City shall not amend this Program while Bonds
City Clerk
Motion for adoption of the foregoing resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
REOUEST OF R.M.(RED) AND CAROL SMITH. 4001 VEST 48TH STREET. TO VACATE PUBLIC ROAD
EASE24ENT ON PART OF MT 19. WHITE OAKS FOURTH ADDITION WITHDRAWN
informed the Council that R.M.(Red) and Carol Smith, 4001 West 48th Street, have
withdrawn their request that the City vacate what they believed to be a public
road easement adjoining their property on the East (Part of Lot 19, White Oaks
Fourth Addition) for the reason that they have sold the property.
Manager Rosland
EXECUTION OF OUIT CLAIM DEED AUTHORIZED TO RELEASE TEMPORARY CONSTRUCTION EASFXEWJ!
FOR SANITARY SESJW ON MT 36, BLOCK 1. OSCAR ROBERTS FIRST ADDITION Engineer
Hoffman explained that the City obtained a temporary construction easement for a
5/21/90
sanitary sewer in 1957 on Lot 36, Block 1, Oscar Roberts First Addition. The
easement was to end upon completion of the sewer construction.
easement lacked an end date, the request is to clear the issue and title to the
property by quit claim deed from the City. Staff would recommend granting the
However, since the I quit claim deed as requested.
Member Rice 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 Mayor and City Clerk to execute on behalf of the City a Quit Claim
Deed on the property described as follows:
That part of Lot 36, Block 1, Oscar Roberts First Addition lying within the
South 30 feet of the North 60 feet of the East 3/4 of the South 1/2 of the
Northeast 1/4 of Section 31, Township 28 North, Range 24 West.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
RESOLUTION ADOPTED RELATING TO DETOX CENTER Dr. David Walsh, Fairview Southdale
Hospital, advised the Council that in a cost cutting measure the Hennepin County
Board of Commissioners has voted to discontinue the contract with the Fairview
Receiving and Evaluation Center (FREC) which has provided safe detoxification over
the past ten years for the southwest suburban communities.
Dr. Walsh introduced Bob Sjostrom, 5816 Lyle Circle, who stated he was a
recovering alcoholic and gave testimony as to his personal experience with FREC.
He said he has been astonished at the competence, care and love that the staff has
shown in follow-up care through the sponsoring of M groups.
need for a center of that type in the southwest suburbs.
As background, Dr. Walsh explained that Minnesota counties are mandated by state
law to provide detoxification services for county residents or persons found
inebriated in the county. In response to a request from Hennepin County in 1980
Fairview Southdale Hospital opened the FREC which is located at Hwy. 168 and
Valley View Road.
over 16,000 persons with the demand increasing each year.
He emphasized the
In the past ten years FREC has provided safe detoxification for
The detox center is counted on by the southwest suburban communities for two
reasons: 1) It provides a safe environment for inebriated persons to detoxify and
receive referrals for additional help, and 2) It provides a resource for the
community police departments to bring intoxicLted individuals who are creating a
public nuisance or a threat to safety while maintaining a safe and tranquil
community.
representing the majority of those admissions.
brought to the receiving center from Edina, with 149 actually being residents.
Last year there were 2,300 admissions, with the southwest suburbs
In 1989 there were 186 individuals
On April 17, 1990 the Hennepin County commissioners voted to no longer have a
contract with FREC. Since that action, Fairview Hospital has heard from many
different individuals from the southwest suburbs, including Edina, about the need
to have that position re-examined. The concern is what is going to happen if the
services of FREC are no longer available. The Fairview Southdale Hospital Board
met last week and has authorized the hospital to continue to provide the service
to see if there is any political solution to get funding restored. To that end,
Dr. Walsh presented a resolution for the Council to consider asking the Hennepin
County Board to reconsider their action.
there would be some leadership from the affected communities (Bloomington, Eden
Prairie, Edina, Hopkins, Richfield, St. Louis Park) in making an appeal to the
Board of Commissioners. Dr. Walsh said the other communities have been contacted
and all are very receptive to this approach and see this as an important issue.
He said it would also be hoped that I
14 5/21/90
In response to Mayor Richards, Chief Swanson said the main concern of the Police
Department is convenience. If intoxicated people have to be transported to the
facility at Plymouth or Minneapolis it will add 15-20 minutes each way for each
the detox center on Chicago Avenue in Minneapolis and is geared to the population
of the southwest suburbs as opposed to the core city population.
I . transport. In addition, the officers feel that FREC is a more caring place than
Member Kelly said she became aware of this situation at the last South Hennepin
Human Services Council meeting.
on keeping the facility open and that she felt Edina should join in that effort.
Member Smith suggested that the resolution acknowledge the fact that funding cuts
must be made by the Hennepin County Board but they be on a pro-rata basis.
Kelly said she would agree but did not understand why not all the clients are
charged.
Membkr Rice asked if FREC had an adequate number of beds or whether there are more
than are used. Dr. Walsh answered that detox admissions ebb and flow; a week ago
on Friday night there were 13 admissions that had to be turned away. Member Rice
said he felt strongly about this issue and that a facility must be maintained for
the suburban communities.
She said the other cities are really working hard
Member
Mayor Richards said it boils down to a political question - there are only so many
dollars and the County is faced with budget restraints. He said our position
should be that, in all fairness as taxpayers also, it does not seem equitable to
reduce funding for this suburban facility to zero. The City in concert with the
other affected communities should present that to the County Board.
Member Kelly then introduced the folloving resolution and moved its adoption, for
circulation to the other affected communities:
RESOLUTION
The Hennepin County Board of Commissioners has voted not to extend the
contract for the Fairviev Receiving and Evaluation Center beyond Hay 31,
1990, and
One suburban facility does not have adequate capacity to serve the needs
of the suburban communities, and
The distance of the Plymouth facility presents time and personnel
problems, and
The community relies on Fairviev Receiving and Evaluation Center to
provide safe detoxification for inebriated persons, and
Intoxicated people who cannot be admitted to a detoxification center
present a threat and danger to the safety and tranquility of the
community, and
The role of detox is to provide early intervention and prevention of harm
to others, and
The south suburban communities of Hennepin County have the largest
population and receive the lovest level of detoxification services, and
The City of Edina understands the need for certain Hennepin County budget
cuts ;
NOW, THEREFORE, BE IT RESOLVED: That the Edina City Council asks the Hennepin
County Board of Commissioners to continue the funding for detoxification services
with the Fairviev Receiving and Evaluation Center in Eden Prairie, but that this
funding be done so that available funds for all Hennepin County detox centers are
distributed on a pro-rata basis.
ADOPTED this 21st day of Hay, 1990.
Motion for adoption of the resolution was seconded by Member Paulus. I
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
5/21/90 75
MANAGER TO RESPOND TO CONCERN OF RESIDENT REGARDING SALT DAMAGE TO LAWN
Rosland explained that the City's normal procedure has been to replace sod that
has been damaged by snowplows but to not repair salt damage to lawns.
would write a letter to Miriam H. Manfred, 5227 Oaklawn Avenue, explaining that
policy.
Manager
He said he
*BID AWARDED FOR AIR CONDITIONING - BRAEMAR CATERING KITCHEN
Member Rice and was seconded by Member Smith for award of bid for air conditioning
for the Braemar catering kitchen to recommended low bidder, Flare Heating & Air
Conditioning, at $5,335.00.
Motion was made by
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR AIR CONDITIONING - SENIOR CENTER Motion was made by Member Rice
and was seconded by Member Smith for award of bid for air conditioning for the
Senior Center at the Edina Community Center to recommended low bidder, Flare
Heating and Air Conditioning, at $6,703.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR HOIST FOR UTILITY TRUCK Motion was made by Member Rice and was
seconded by Member Smith for award of bid for hoist for utility truck to
recommended low bidder, LaHass Manufacturing & Sales, Inc., at $6,985.00.
Motion carried on rollcall vote, five ayes.
TRAFFIC SAFETY COMMITTEE MINUTES OF 5/15/90 APPROVED: "STOP" SIGNS TO BE INSTALIXI)
ON WEST 54TH STREET AT MINNEHAHA BOULEVARD Engineer Hoffman referred to Section B
of the Traffic Safety Committee Minutes concerning a request from area residents
for "STOP" signs on West 54th Street at Minnehaha Boulevard. The vote on the
request was 2-2 (only four members present) resulting in the request being denied.
Engineer Hoffman explained that in November, 1989, residents from the area had
appeared at the Traffic Safety Committee meeting requesting speed enforcement and
control and "STOP" sign consideration.
Council that traffic enforcement be increased on West 54th Street, that 25 m.p.h.
advisory signs be installed and that the results be reviewed in May, 1990. Since
that time, the Traffic Enforcement Unit had performed nine hours of enforcement
and conducted 10 speed surveys in April, 1990. The surveys showed that the signs
were not as effective as the enforcement efforts in achieving speed reduction.
Of the 1,500 vehicles surveyed in 1990, the 85th percentile speed was 31-21 m.p.h.
Also, only two of the 1,500 vehicles were in excess of 40.m.p.h. Because of the
split vote, the issue before the Council is whether or not to install the "STOP"
signs as requested.
The Committee had recommended to the
Mayor Richards asked Chief Swanson how he would have voted on the matter had he
been at the meeting. Chief Swanson answered, that based on clear warrants, e.g.
traffic volumes, accidents and general speed characteristics of the roadway, he
did not believe the "STOP" signs are warranted.
Dennis LaFrance, 5357 Oaklawn Avenue, said when the matter was brought to the
Traffic Safety Committee in November, 1989, a petition for the "STOP" signs was
presented signed by 71 residents. He explained that the neighborhood is a very
pedestrian oriented neighborhood with many children and elderly people who all use
the streets for recreational walking and for access to nearby Arden Park. Their
concerns were: 1) That the speed on West 54th Street was excessive, and 2) That
it was difficult for pedestrians to cross West 54th Street safely to access Arden
Park. Although the advisory 25 m.p.h. signs have helped, there are conflicting
signs which indicate 30 m.p.h. speed zone that should be removed.
strongly that
allow pedestrian crossing at that point.
They felt
"STOP" signs at Minnehaha Boulevard would help reduce speeds plus
76 5/21/90
Following further discussion by the Council, Mayor Richards made a motion to
approve installation of three vay "STOP" signs at the intersection of West 54eh
Street and Minnehaha Boulevard and that the pedestrian crosswalks be striped.+
Motion was seconded by Member Smith. I .
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Paulus then moved approval of the following recommended action listed in
Section A of the Traffic Safety Committee Mhutes of May 15, 1990:
1)
Halifax and France Avenues to the Police Department for enforcement efforts at
their discretion,
2)
south of the driveway of 6423 Barrie Road, and to restrict parking to 3 hours on
the west side from this point to West 65th Street,
3)
east-frontage road in front of the Edina Community Center,
and to acknowledge Section C of the Minutes.
Motion for approval was seconded by Member Kelly.
To refer the matter of pedestrian safety concerns on West 50th Street between
To prohibit parking on the vest side of Barrie Road approximately 25 feet
To install "NO PARKING - NO STOPPING - ANYTIME" signs on the vest side of the
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
RECOMMENDATION PRESENTED ON CIGARETTE VENDING MACHINES
a report prepared by David Velde, Sanitarian, on cigarette vending machines as
requested by the Council some time ago.
Manager Rosland presented
As of March 16, 1990, 13 communities in Minnesota have banned the sale of
cigarettes by vending machines, including Bloomington, Richfield and St. Louis
Park.
machine sales to certain locations such as bars, workplaces or other areas not
frequented by minors.
restricted areas for cigarette sales by vending machines.
The Edina Community Health Services Advisory Committee met on April 12, 1990, to
consider a draft ordinance which would prohibit the sale of cigarettes from
vending machines in Edina.
ordinance.
I Fourteen other cornunities have adopted ordinances that restrict vending
Seven other communities are considering a total ban or
The Committee recommended adoption of such an
Manager Rosland suggested that the Council consider holding a public hearing on
the proposed ordinance to prohibit sale of cigarettes from vending machines so
that the vending companies and the public would have the opportunity to express
their views.
Member Paulus made a motion setting June 18, 1990, as date for a public hearing to
consider a proposed ordinance to prohibit sale of cigarettes from vending machines
and that licensed vending companies be so notified. Motion was seconded by Member
Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
REPORT PRESENTED ON TREES IN COUNTRY CLUB DISTRICT Park & Recreation Director
Kojetin presented a report on replanting of trees in the Country Club District.
He recalled that Bright Dornblaser, 4630 Drexel Avenue, had written a letter to
Mayor Richards in the Fall of 1989 asking the City to consider the replanting of
trees in the Country Club District where trees have been removed because of Dutch
elm disease. In subsequent discussion with Mr. Dornblaser, his concern was that
the cathedral look of the elm trees be continued. I
Research indicated that only elms give this type of appearance.
Institute has a program of re-introducing the elm back into communities throughout
The National Elm
5/21/90 77
the United States.
resistant trees in the Wisconsin area.
These elm trees are seedlings from a group of disease
A meeting with the Country Club Neighborhood Association has been scheduled for
May 30, 1990 at which time this information will be presented for discussion.
Conversations so far with residents have all been positive for replanting with elm
trees.
MINNEAPOLIS REOUEST FOR SUPPORT OF CONTAMINATION STUDY DISCUSSED
recalled that the request from the City of Minneapolis for support on a
contamination study of the upper Mississippi River was continued at the last
meeting so that additional information could be obtained.
Engineer Hoffman
He reported that an alternative water supply study is being conducted. Staff
believes that the issues should be reviewed together because one of the prime
alternatives in the Minneapolis study is to have surface water be the main water
source, with ground water being the back-up supply.
consulting firm retained by Minneapolis, staff was asked as to the feasibility of
hooking the Edina water system to the Minneapolis system to make the surface water
optimization theory work.
In an interview with a
In addition, a Metropolitan Council report suggests a regional water system
similar to the regional sewer system operated by the Metropolitan Waste Control
Commission.
Engineer Hoffman said that his response to the feasibility of hooking the Edina
system to the Minneapolis system was basically negative.
nearby suburbs not on the Minneapolis water system, it was the consensus that all
have an adequate well water supply.
would need to look at contingency plans it would take a lot of technical change to
hook-up make Edina's system to Minneapolis because the Minneapolis system has much
In talking to other
If the situation should arise whereby we
I-ower pressure.
I
Staff response is that the Council needs to think about the bigger issue in terms
of a regional water system.
the Edina water system is well planned, the City has a lot of wells and is able to
meet its high per capita water use demand.
However, that may not make things better locally as
Following discussion, it was the consensus of the Council that the City's response
should be to take a strong position of non-support.
BOND REPUNDING PROPOSAL FOR VERNON TERRACE PRESENTED: RESOLUTION ADOPTED GIVING
PRELIMINARY APPROVAL
dated May 16, 1990 from James Van Valkenburg, representing the Electrical Workers
Union Pension Plan, for consideration by the Council of issuance of refunding
bonds for the Vernon Terrace project.
The proposal is to raise $6,000,000 (net) in new bonds and to pay the current
bondholders 55% of their claims.
St. Paul, current trustee for the bondholders. The trustee has determined that
this is the best solution for the bondholders. The new bonds will be guaranteed
by the Electrical Workers Annuity Plan and Pension Fund which have assets of over
$70,000,000. Currently, the Vernon Terrace Project has 118 units rented out of a
total of 146 and is showing progress. At 118 rented units, the project will
support the new bonds and their repayment.
Manager Rosland presented the request outlined in a letter
Court approval will be sought by First Trust of
James Van Valkenburg stated that the current bond issue is in default and this is
an attempt to pay off the current bondholders at approximately 55%. He reiterated
that the request is for approval to issue bonds to refund the multifamily mortgage
revenue bonds for the Vernon Terrace Project. The new bonds will be guaranteed by
98 5/21/90
by the two pension funds which have substantial assets.
show that the current level of building rentals will support the new bonds.
Van Valkenburg said the request is for preliminary approval which will be
non-binding if the Council should, prior to issuance of the refunding bonds,
determine that issuance is not in the City's best interest.
Mayor Richards asked what would happen if the City takes no action.
Valkenburg said the existing bonds are in default and the bondholders would
receive less; the project itself would go through bankruptcy proceedings.
Member Rice asked Attorney Erickson why this is before the Council.
Erickson explained that the City is the issuer of the bonds, but otherwise has no
obligations. The bond resolution proposed specifically states that the refunding
bonds shall be payable solely from the revenues and funds pledged thereto and
shall never constitute a charge, lien or encumbrance upon any property of the
City. What is pledged is the revenues from the Vernon Terrace Project, similar to
the existing revenue bonds that the City also merely issued, pledged the revenues
from the project, which apparently have not been adequate, with no other source
with which to pay them.
The financial projections
Mr.
.
Mr. Van
Attorney
Member Rice mentioned that he had talked to First Trust of St. Paul, the current
trustee, and in their judgement the bondholders would get the same amount of money
if the City takes no action, but they would not receive it for 9-10 months.
reviewing the appraisal of the property, Member Rice said it was on the
conservative side but within a reasonable range of value for the property.
Member Kelly raised the following questions and concerns:
1) Why issue bonds for $6,000,000 when the appraisal on the property is
$5,850,000. Kent Richey, of Leonard, Street and Deinard acting as bond counsel,
explained that the actual amount will be approximately $6,850,000.
provide the funds to pay off the current bondholders. The $850,000 will be used
for a reserve of six months and to pay cost of issuance.
held to protect the bondholders in case within any six-month period the revenues
of the project are insufficient.
revenues are collected. The key to the refunding proposal is that there are two
pension funds that are guaranteeing the payment of the $6,850,000 bonds.
In
I This will
That reserve would be
The reserve would tide them over until the
2) What will it take to make the building pay for itself and how will the
operating costs be paid?
it would not pay for itself - now the statement has been made that at 118 units
rented the project will support the new bonds with no certainty that the 118 units
will remain occupied.
break even at an 88% occupancy level which is projected to be achieved in 1991
At this time the project is approaching 82% occupancy, e.g. 121 units spoken for
through August. If the current debt structure is implemented with $6,850,000 the
pension funds will actually have to feed the project until that level is reached.
Senior housing never achieves 100% occupancy because of turnover (age, illness,
death). Their long term projection is 92% occupancy and it is on that projection
that the pension funds have decided to invest in the project.
It has been said that if the building was fully rented
Mr. Richey said projections show that the project will
3)
proceedings?
considerable public money in public improvements to make this facility work.
However, it has not worked and part of the problem is that the rents are too high.
The tax increment district was created to meet a public need and maybe that need
is not being met with what is there.
compound the problem.
default under the name of Edina bonds.
history on the project.
that time the pension funds, as second mortgage holder, have put about $2,500,000
Why should the project not be allowed to go through bankruptcy
It is in a tax increment district and the City has invested
Issuing the refunding bonds will only
In addition, it does not look good to have a project in
In response, Mr. Richey recited the
The project carried $12,600,000 in original bonds. Since
5/21/90 99
into the project. About a
pay the debt service. The
has said it cannot keep on
very conservative price to
year ago the project went into default and could not
pension funds carried that debt for a little while but
doing so. They approached the trustee and offered a
purchase the project. The trustee rejected the offer -- and- shopped for a better price, offering it to other investment ianking houses and
to developers.
protect the name of the City of Edina as issuer of the bonds. After several
months of negotiating the trustee concluded that the pension funds offer was the
best and would provide the highest return to bondholders. The other offers were
also predicated on receiving new bond financing from the City.
goes into bankruptcy the recovery the bond holders will receive will be much
lower. During the interim period, the level of maintenance, service and operation
of the project for the current tenants cannot be assured. It is true that at some
lower the rents.
Council to make that election, they would suggest that given the concerns of the
existing bondholders, the existing tenants and the fact that the project is now on
the road to recovery, bankruptcy may not be'the most prudent course.
Anderson, representing the pension funds, commented that the rents were lowered in
June of 1988 when they first became involved in the project.
Their goal was to get the best price for the bondholders and to
If the project
"point the value may be driven so low that someone could buy it and be able to
Mr. Richey said while it is clearly in the discretion of the
Dave
Mr. and Mrs. Cornelius H. Renich, 5406 Creek View Lane, said they were current
bondholders and were of the opinion that the City should not issue refunding bonds
for the project but should let it go into bankruptcy.
Member Paulus asked if the project went into bankruptcy would it remain functional
during that time period. Mr. Van Valkenburg said probably it would, possibly it
would not. From his observations of bankruptcy proceedings it is not a good
alternative as the bondholders will end up with a lot less dollars. The court
would appoint a trustee to handle it and their concern, obviously, would be to pay
off whatever obligations there are and whether there is enough money to run it
could be in doubt.
Member Rice asked if this property is under an agreed upon tax valuation that
would remain in place. Mr. Van Valkenburg responded that there is a binding
agreement.
Member Smith raised the following questions and issues:
Does the pension funds management have experience in operating the
building?
is to hire a manager. The thought is that the existing management company would
continue because the price is right. However, they have the right to remove the
management company if the project is not being managed properly.
2) Would the pension funds get any of the bond proceeds as second mortgage
holder? Mr. Richey said they would not, the bond funds would go to pay off the
current bondholders.
3) Is there any possibility that after the present bondholders get paid
their 55% recovery on the bonds that they could stay in and participate on a
second basis, e.g. non-interest soft dollars on a performance basis. Mr. Richey
said that may be possible legally but from a business standpoint the pension funds
would find that an unattractive ownership proposition.
risk by guaranteeing the new bonds.
refunding bonds versus under bankruptcy? Mr. Richey said they could anticipate
receiving the money no later than July, 1990. If bankruptcy were involved they
may be looking at years.
Attorney Erickson spoke to the question concerning the operation of the building
if the project went into bankruptcy. He said he disagreed with the comment that
the building possibly would not remain in operation.
1)
Mr. Richey said they are taking it on as an investment and their policy
They are already taking a
4) When will the current bondholders get their payoff under the proposed
Normally, the mortgagee
80 5 / 2 1 / 9 0
would take over the building, rent it for what he could get and pay the ongoing
expenses.
principal and interest. The building would be operated as normally as possible
and the residents would hardly know.
Council's discussion or vote on the proposal being presented.
said if the proponents disagree with these comments they should say so.
I If there was some revenue left over it would go for payment of
This issue should not be a part of the
Attorney Erickson
No further comments or objections were heard.
following resolution and moved its adoption:
Member Rice introduced the
RESOLUTION GIVING PRElXHlXARY APPROVAL TO
ISSUANCE OF BONDS TO REFIR3D MULTIFAMILY MORTGAGE
RevENoE BONDS (VERNON TERRACE PROJECT) OF THE CITY
WHEREAS, the City of Edina, Minnesota (the "City") previously issued its
Multifamily Mortgage Revenue Bonds (Vernon Terrace Project) dated as of December
1, '986 (the "Prior Bonds"), the proceeds of which were loaned to Grandview
Development Company Limited Partnership, a Minnesota limited partnership (the
"Original Company"); and
WHEREAS, a corporation owned or controlled by the trustees of the Electrical
Workers Local No. 292 Annuity Plan and Electrical Workers Local No. 292 Pension
Fund (the "Company") proposes to purchase the project financed with the Prior
Bonds; and
WHEREAS, the Company has requested the City to grant preliminary approval for
issuance of bonds (the "Refunding Bonds") pursuant to Minnesota Statutes Chapter
462C to refund in whole or part the Prior Bonds;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina,
Minnesota, as follows:
...
1.
2.
The City hereby gives approval to the issuance of the Refunding Bonds.
Notvithstanding the foregoing, (a) all terms and conditions of the
Refunding Bonds and any security therefor shall be in substance and form
satisfactory to the City; (b) adoption of this Resolution shall not establish any
legal obligation of the City to issue any or all of the Refunding Bonds; (c) the
City retains the right not to issue all or any portion of the Refunding Bonds
should the City or its Council determine prior to issuance of the Refunding Bonds
that it is in the best interest of the City not to issue all Refunding Bonds;
(d) the Refunding Bonds shall be limited obligations of the City payable solely
from the revenues and funds pledged thereto and shall never constitute a charge,
lien or encumbrance, legal or equitable, upon any property of the City, except
revenues and amounts speciXically pledged to the payment thereof, and shall not
constitute a general obligation or debt of the City within the meaning of any
constitutional or statutory limitation. -
3. The officers and employees of the City are hereby authorized to execute
and deliver such
other actions as
Refunding Bonds.
Adopted Hay
ATTEST :
other agreements, certificates or instruments, and take such
may be necessary and desirable to proceed with issuance of the
21, 1990. c7 k&4b(,lk+& m
Mayor %&% u-.
City Clerk
Motion for adoption of the resolution was seconded by Member Paulus,
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith
Abstaining: Richards (Trustee for Bondholder)
Resolution adopted.
*CLAIBE PAID Motion was made by Member Rice and was seconded by Member Smith to
approve payment of the following claims as sharn in detail on the Check Register
dated 05/21/90 and consisting of 31pages: General Fund $269,399.99,
5/21/30 81
Communications $13,846.94, Art Center $15,010.91, Capital Fund $812.68, Swimming
Pool Fund $150.00, Golf Course Fund $35,631.28, Recreation Center Fund $5,965.17,
Gun Range Fund $486.03, Edinborough Park $22,863’. 72, Utility Fund $12,908.92,
Storm Sewer Utility $2,872.00, Liquor Dispensary Fund $96,792.48, Construction
Fund $582,234.56, IMP Bond Redemption #2 $800.00, Total $1,059,774.68, and for
confirmation of payment of the following claims as shown in detail on the Check
Register dated 04/30/90 and consisting of 19 pages: General Fund $370,127.74,
Communications $577.50, Art Center $1,134.78, Swimming Pool Fund $68.27, Golf
Course Fund $19,045.87, Recreation Center Fund $13,404.18, Gun Range Fund $562.70,
Edinborough Park $12,618.67, Utility Fund $21,353.42, Storm Sewer Utility $966.92,
Liquor Dispensary Fund $253,333.53.
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 12:05 a.m.