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HomeMy WebLinkAbout19950905_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 5,1995 ROLLCALL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Richards. Member Kelly entered the meeting at 7:03 P.M. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Maetzold and was seconded by Member Smith to adopt the Council Consent Agenda as presented with the exception of item 1V.B. new 3.2 beer license for Davanni’s Pizza and Hot Hoaggies. Rollcall: , Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. CONSTITUTION WEEK PROCLAIMED Motion of Member Maetzold was seconded by Member Kelly and carried unanimously proclaiming September 17 through 23 as Constitution Week in Edina. The proclamation stated it is a privilege and duty of all Americans to commemorate the two hundred sixth anniversary of the drafting of the Constitution of the United Sates with appropriate ceremonies and activities during the week of September 17 through the 23. *MINUTES OF THE REGULAR MEETING OF AUGUST 21, q995 Motion was made by Member Maetzold and was seconded by Member Smith to approve the Minutes of the Regular Meeting of August 21,1995. I Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD ON OVERALL PLAN AMENDMENT FOR PARCELS E AND F, CENTENNIAL LAKES (UNITED PROPERTIES) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen informed the Council the subject property is located east of France Avenue and south of West 76th Street. The area measures approximately 25 acres and represents the remaining undeveloped land within the Centennial Lakes project. The originally approved Overall Development Plan for the site calls for 403 dwelling units in mid to high rise housing plus 1,150,000 square feet of office development. The developer, United Properties, is requesting an amendment to the 1988 Overall Development Plan which would eliminate all of the housing and would increase the office space to 1,160,000 square feet. In 1990, the Council considered a similar amendment to the Overall Development Plan. At that time, the plan amendment illustrated five office buildings totaling 1 , 100,000 square feet with all residential development eliminated. No action was taken on the revised plan. I Page 1 MinutedEdina City Council/September 5,1995 RETAIL: 201,600 s.f. THEATRE: 39,050 s.f. HOTEL: 250 ROOMS RESTAURANT: - 0 - HOUSING: 1,085 D.U. Planner Larsen stated that the current proposed Overall Development Plan amendment shows a restaurant located between buildings one and two. A restaurant is a permitted use under the current MDD-6 Zoning. The proposed plan amendment retains public functions and facilities of previous plans including the ponding area, pedestrian paths and the tramway. However, the amendment is different in that the pedestrian and tramway functions are separate, not combined as in the balance of the project. The tram would circulate on the outside of the proposed buildings while pedestrians would have exclusive use of a path adjacent to the pond. RETAIL: 201,600 s.f. THEATRE: 39,050 s.f. HOTEL: -0- RESTAURANT: 395 SEATS HOUSING: 348 D.U. The following table shows the 1988 Overall Plan compared to the proposed amendment: I PARCEL A: HOUSING 406 D.U. I DEVELOPED WITH 98 D.U. I PARCEL B: THEATRE 39,050 s.f. OFFICE 106,900 s.f. PARCEL C: HOUSING 276 D.U. PARCEL D: RETAIL 201,600 s.f. PARCEL E: HOUSING 403 D.U. DEVELOPED ACCORDING TO MASTER PLAN DEVELOPED WITH 250 D.U. DEVELOPED AS PLANNED ELIMINATED AND SPACE INCORPORATED INTO PARCEL F OFFICE 1,160,000 s.f. HOTEL ELIMINATED - DEVELOPED AS RESTAURANT WITH 395 SEATS I OFFICE: 1,256,900 s.f. I OFFICE: 1,266,900 s.f. Staff supports the proposed plan amendment. Eliminating the residential component and spreading the same amount of office space over the entire parcel significantly reduces the crowding of buildings and parking facilities. However, Planner Larsen noted that even with staff support, several details need to be addressed during the final site plan approval for each building: A. B. Curb cut location on Edinborough Way Curb cut location on West 76th Street Page 2 MinutedEdina Citv Council/September 5,1995 C. D. E. Tramway circulation pattern F. Approval of curb cut on France Avenue by Hennepin County Lake size, shape and capacity Parking structure setbacks; location and amount of lots and ramps (proposed development requires approximately 3,800 spaces) Presentation bv Proponent Boyd Stofer, President of United Properties, said United Properties has been involved in this project since inception in 1988. The proposed amendment is a part of a master plan redevelopment that includes 25% of the 100 acres devoted to public park developed in a publidprivate partnership. Mr. Stofer stated that throughout the entire development process, United Properties has worked closely with City staff to develop a plan responding to both the public as well as private needs. The proposed amendment would continue the public park, transportation hub, the pedestrian walkways, and landscaping that has formed the concept of the already completed park. Mr. Stofer explained that after seven years, a plan modification is now desirable because the market has undergone a major change and it is economically feasible to develop attractive office buildings within the 25 acre site. With the proposed amendment, the Overall Development Plan would be completed with one million square feet less of floor space than was approved in 1988. I Mr. Stofer said United Properties has received letters from both Centennial Lakes and Edinborough Homeowners Associations with concerns and questions. He believes these concerns expressed will be answered during the presentation. Brian Carey, United Properties Development Director, I) reviewed the approved 1988 Overall Development Plan and the proposed amendment, 2) gave reasons for the changes in the plan and 3) addressed residents’ concerns as well as Planning Commission and staff concerns. Mr. Carey stated the 1988 Overall Development Plan approved four large ofice towers of approximately 300,000 square feet each. Present market conditions indicate a much smaller demand exists for 300,000 and 400,000 square feet office buildings. Thus, the amended proposal depicts mid-rise office units constructed on France Avenue taking advantage of the grade and capitalizing on location. Location is a necessity for new Class “A” office space, which France Avenue would guarantee as well as the additional amenities of covered parking and food service. Jim Benshoof, Traffic Consultant with Benshoof and Associates, explained that the resultant traffic with the proposed plan amendment would be a reduced by approximately 1700 fewer trips daily from the original plan. Fewer trips would be the result of a reduction in area density by 900,000 to 1,000,000 square feet of occupiable office space. The ramp at 76th Street and Edinborough Way would have significant landscaping and could be made very attractive. He also stated that a change to the five story 76th Street ramp not depicted on the plan, would be to construct two levels below grade, one level at grade and two levels above grade. Page 3 MinutedEdina City Council/September 5. 1995 Howard Stewart, Architect with Smallwood, Reynolds, Stewart, Stewart and Associates of Atlanta, explained that he has worked with United Properties since the 1980’s. He presented a slide display depicting architectural designs similar to the amended proposal. The architectural focus was to shift masses, reduce the total number of buildings and reorient them from Edinborough Way. Office buildings make good neighbors with quiet nights and weekends. Mr. Stewart concluded with his belief that the proposed amendment improves the Overall Development Plan. I Resident Comment Dennis Siemers, President of the Edinborough Homeowners Association, voiced surprise with the proposal and its dramatic disregard for the well-being of Edinborough residents. Edinborough is a fantastic place to live but why are they now being blocked in like a prison. He indicated his main concerns were that the 1) residential housing has been eliminated in the proposal, 2) parking ramps will be a major eyesore and 3) traffic will be a burden with the major office development planned on Edinborough Way. Mr. Siemers suggested re- orienting the development 180 degrees towards France Avenue. He asked United Properties why this wasn’t considered. He felt the audience should know that the Planning Commission denied the proposal with a seven to one vote at their August 2, 1995, meeting. The letter of notification contained a technical error that confused residents, that the property was located west of France Avenue when actually it is east. He presented a petition with 320 residents signatures to the Council, against the proposal. Albert Mayer, Vice President of the Centennial Lakes Homeowners Association, said he personally could not speak about anything in the area previous to 1992 but residents feel that 1) Edina is a residential community, 2) their property will be devalued, 3) the proposal shows no smooth transition between residential and commercial, 4) housing would be a more desirable buffer between residential and commercial, 5) the 15 story office building should be built on France Avenue rather than Edinborough Way to fit with the Francel76th area, 6) Minnesota Drive from Edinborough Way to France Avenue drops 30 feet making buildings less obtrusive, 7) if proposal gains approval, ramps should be below grade to minimize loss of aesthetics, 8) additional traffic would be better handled by France Avenue rather than Edinborough Way, and 9) they would recommended a traffic study be done at 8:OO A.M. and 500 P.M. Kathleen Kuha, 7621 Edinborough Way, said she concurs with the previous speaker but Edinborough Way is a frightful place to put a traffic stop because of the curve. The drawings depicting mature trees are attractive but the footprint of the ramps is enormous. She asked if additional berming is being proposed and questioned why the area was being developed in this fashion at all. On Labor Day she drove around and every existing office building has ‘For Lease’ signs on them and questioned why more office space is being proposed. Good aesthetics is important for occupants of the offices but having a bunker across from her residence is a problem to her. Brock Buehler, 7635 Edinborough Way, asked why a restaurant is being proposed now and questioned whether a Class “A” office building had always been planned. Traffic numbers Page 4 MinutesIEdina City Council/September 5,1995 at a reduction of 1700 trips per day seems wrong; he asked if additional study could be done. He questioned why the office building is being proposed at the high end of the grade rather than at the low end. A revision has already been proposed for the ramps and he asked if they could be further reduced to one to two stories above grade. Pat Boettger, 7609 Edinborough Way, asked further clarification on the reduction of trips in the area. He believed the City is walking into a snafu at Minnesota Drive and 76th Street during rush hour, especially as concerned with emergency vehicles. Debbie Sit, 7601 Edinborough Way, said when she bought her unit in 1988, over half of the residents were single women and there was a sense of security for them. She believes her sense of security will be taken away with a wall of parking garages. Marielle Lachambre, 7601 Edinborough Way, said when she purchased her unit, she believed a multi-level family building would be built in the area. With the amended plan, her home will face a parking lot and she believes her property will be devalued instantly. She asked the Council to take the responsibility to I) look at what will happen to the residents quiet community, 2) scale the development away from the residents and towards commercial and 3) seriously consider putting as much parking below grade as is possible. John Glavan, 7615 Edinborough Way, stated residents view the area as a real community and not an urban area. He has gleaned from conversations with other residents that the 1988 plan was not all that great. It is more desirable to attract families to the area to maintain the community rather than empty offices. If the amended plan receives approval tonight, what assurance do the residents have that the market won’t dictate another change to the plan in the future. Sandra Stoltz, 7520 Edinborough Way, said her unit faces 76th Street and she is very proud of her home. If 1700 trips per day have been eliminated from the area with the new amended plan, how many actual trips are expected for the area. She voiced concern with 1) changes in air quality with the number of cars increasing and, 2) her property being devalued, 3) safety while walking Centennial Lakes, 4) will other office buildings in Edina deteriorate, and 5) how long construction will take on Phase I and Phase 11 and what steps are being taken to control noise and traffic during this time. Megan Maloney, 761 8 York Avenue South, explained that she was one of the first property owners at Edinborough and she has watched progress on the development. She does not believe more commercial property is the best idea. She asked the Planning Commission and Council to become more consistent with the development around the award winning Edinborough and Centennial Lakes. Ms. Maloney said most of the area residents have a difficult time understanding what one million square feet of commercial is or when traffic is lowered - lowered to what. She raised concern with safety of the seniors living in the area. If the project receives approval, will residents of the area be assessed to pay for it. She further inquired what benefit the city derives from the proposal. I Page 5 MinutedEdina City CounciVSepternber 5, 2995 Sandra Hammers, 7520 Edinborough Way, commented that she is proud to live at Centennial Lakes. When the Coventry townhomes were proposed, Mr. Laukka and Mr. Jarvis made sure that upon entering the area you would not immediately be confronted with driveways and garages. All residents at the Coventry have underground, heated parking. She inquired why the proposed amendment could not be built with all underground, heated parking also. I Orrin Field, 7440 Edinborough Way, an Edina resident for 35 years and a registered architect said he did some measuring of the plans and the parking ramp on the corner is huge. He informed Council that in order for emergency vehicles to utilize parking ramps, ceilings must be 12 feet high with an additional safety wall of six feet on the top floor creating a very unfortunate situation even for residents on the third floor. Bob Roberti, 7601 Edinborough Way, stated that parking lots are attractive nuisances. He voiced concern that the police would need to be posted to keep kids from utilizing them for rollerblading or skateboarding. He further commented that the concentration of cars in the same location at the same time would be like two 747's landing on the same runway at the same time. Joel Alberts, 7635 Edinborough Way, said he likes the quiet peace of the area and fears the residential aspect will be taken away. He questioned why the developer has not held focus group meetings to inform residents of the proposed plan amendment. Angela Kamstra, 7635 Edinborough Way, voiced anger with her safety being taken away, as a single female. She reminded the Council that condominiums have 'one' view and if it is obliterated with a parking ramp, it's gone. She further voiced concern with her property being devalued if the proposed plan gains approval. I Leo DW, 761 5 Edinborough Way, stated his opposition to the proposal. In 1988 there was a glimmer of sky to the west, with the new development that will be gone. Judy Bezanson, 7635 Edinborough Way, indicated this is a gorgeous area and how wonderful it would be to live and work in the same place. She inquired where the park would be located. Rose Carlson, 7625 Edinborough Way, asked why if the office development was not needed in 1988, do we need more office space now. Gus Gulsvig, 7400 Edinborough Way, said after visiting the area, he sold his home in Texas which his wife designed to move to the most unique area in the world. He asked that the concept not be changed to commercial. Connie Larsen, 7520 Edinborough Way, voiced concern with traffic being bad now, what will happen when the proposed plan is completed. Page 6 MinuteslEdina Citv Council/SeDtember 5,1995 ProDonent's Response and Comments Jim Benshoof, Benshoof and Associates, explained that to project traffic flow, traffic counts were taken including rush hour, information was gathered from Hennepin County and then the projections were made. He stated that 76th Street and Edinborough could be utilized as four lane roads and that with additional traffic signals the area would have adequate traffic capacity. Brian Carey, United Properties Development Director, thanked the public for the positive remarks regarding the completed portion of the development. He looked at the proposal as a modification in the 1988 concept only and said this would be a critical development for the community. Consideration had been given to reorient the buildings but it is not economically feasible . The plan is being presented for reasons as follows: 1. 2. 3. 4. 5. Visibility is essential for commercial entities to be economically feasible, Proposing all parking be underground would add 20% to the cost, Air quality as addressed in 1988 studies would not change nor would noise increase, The proposed park will be seven acres in size, and Office space is now in demand, not like in 1988. Office buildings will not be built if there isn't a demand. Council Comment Mayor Richards said after examining the whole picture, a mixed use development consisting of retail, housing, office and public use is best for all disciplines. It is not anyone's desire to do anything to diminish the neighborhood. Waters are publicly owned at all parks and the amended proposal would complete the area. Historically, the City does it's planning in advance and compared to the 1988 plan, this works. Mayor Richards took exception with the comment that parking ramps in Edina were attractive nuisances. Ramps in Edina have been safe in the past. The Urban Land publication calls this development the best anywhere. He believes the area should be completed. Member Maetzold concurred with the Mayor's comments and reminded the audience that the area could be used for a power shopping center rather than the proposed use. The amended plan is quite similar to the I988 plan, but the concern is with the elevation of the ramps. He believes proper landscaping will create an acceptable view and he would support approval of the amended plan. Member Paulus elaborated that this is not an isolated neighborhood and reminded the public that the Council votes in the best interest of the whole community. Homeowners have a personal responsibility to keep apprised of any change or proposed development in their area. Wth completion of the area, she believes the demand for homes will only increase and values will be retained. Member Paulus noted that historically, commercial offices do not show an increase in crime rates. Further, a misconception exists that this is a quiet nature area. How this could be possible with Highway 494 and National Car Rental abutting the neighborhood. This neighborhood was planned when Hedberg concrete was removed. She feels it is a good plan and supports the amendment. Page 7 Minutes/Edina City Council/September 5. 1995 Member Kelly admitted that eleven years ago she was against the public portion of the project but has now changed her mind. She voiced approval of the concept as presented with the exception of the height of the parking ramps. I Member Smith recalled that many people wanted to do different things with this parcel. He thanked Larry Laukka for his mixed use idea and with the outcome. He said parking ramps have always been a part of the plan although he shares a concern with their height. He pointed out that all of Edina has an investment in the park and surrounding property and noted that the Council would be examining all plans during the construction. He would support the proposal as presented. Mayor Richards asked clarification if the amendment would be approved, would it include 1) landscaping both east and west on Edinborough Way, 2) like materials would be used on the office buildings and ramps, and 3) the northeast parking ramp would be reduced to five levels, not six as depicted on the plan presented. He asked the possibility of the plantings along east Edinborough Way being done as part of the first phase allowing them to mature and possibly buffer future construction. Mr. Stofer answered he would be willing to do this. Mayor Richards suggested the proponent work with the associations. Mayor Richards called for further public comment or concern. No further comment was received. Member Smith made a motion to approve the overall development plan amendment for Parcels E & F, Centennial Lakes, United Properties, conditioned upon, 1) addressing the location of the Edinborough Way curb cut, 2) addressing the location of the proposed West 76th Street curb cut, 3) Hennepin County approval of an additional curb cut on France Avenue, 4) the size, shape and capacity of the lake, 5) circulation of the tramway pattern, 6) setbacks for the proposed parking structures and amount of parking and location of parking lots and ramps, 7) additional landscaping on east Edinborough Way, 8) reduction in height of northeast ramp to 5 stones, 9) like materials on both buildings and ramps and IO) the developer to work with the associations. Member Maetzold seconded the motion. I Member Kelly offered an amendment to the motion that the developer be required to appear before the Council with each new portion of the development. Motion died for lack of a second. Mayor Richards called the question. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *HEARING DATE OF SEPTEMBER 18,1995, SET FOR PLANNING MATTERS Motion was made by Member Maetzold and was seconded by Member Smith setting Page 8 MinuteslEdina Citv Council/September 5.1995 I September 18,1995, for the following planning matters: I) 2) Preliminary Rezoning, R-I, Single Dwelling Unit District to POD-I Planned Office District, 5015 West 70th Street, Especially for Children; and Preliminary Plat Approval and Final Development Plan for Kunz Oil, 5200 Eden Avenue. Motion carried on rollcall vote - five ayes. "BID AWARDED FOR WATER MAIN (WM-317A). CURB AND GUTTER AND STORM SEWER (BA-3081 Motion was made by Member Maetzold and was seconded by Member Smith for award of bid for watermain at Fuller Street and West 55th Street; Curb and Gutter and Storm Sewer for Lakeview Drive to recommended low bidder, Penn Contracting, Inc., at $262,744.00. Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD ON WATER SERVICE TO 4119 WEST 62ND STREET Assistant Manager Hughes explained that July 31 , 1995, a notice was sent Dr. Byron Armstrong of 41 19 West 62nd Street, advising Dr. Armstrong of the City's intent to terminate his water service for non-payment of sewer and water charges totaling $334.49. Dr. Armstrong exercised his rights under Section I I00 of the City Code and requested an opportunity to be heard by the City Council. Accordingly, the City may not terminate the water service until the hearing has been conducted. Assistant Manager Hughes stated that City staff attempted to resolve the matter per his letter dated August 24, 1995 to which Dr. Armstrong did not respond. He reviewed Council's options which are to: I) order termination of the water service, 2) certify delinquent charges to Hennepin County for collection with the 1996 payable taxes or, 3) authorize collection of the delinquent charges by other means permitted by law. Staff recommends that delinquent charges be certified to the County for collection with the 1996 payable taxes and Dr. Armstrong be advised that future delinquencies would result in termination of water service. I Dr. Armstrong commented that he has not been able to get an answer from the water department regarding charges during the 15 months he was not living in his home. Assistant Manager Hughes said a detailed accounting of the bill had been submitted with the August 24, 1995, letter explaining that from May 8, 1992, to November 5, 1993, the bill reached $541 -70. A credit has been applied for that portion of time, reducing the amount owing to $334.49. Member Smith made a motion that the outstanding water bill at 41 I9 West 62nd Street be paid within three days or I) the charges would be certified to Hennepin County for collection with taxes due and payable in 1996, and 2) the property owner be advised that future delinquencies would result in termination of the water service. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Page 9 MinuteslEdina City CouncillSeptember 5, 1995 Motion carried. I ISSUANCE OF 3.2 BEER LICENSE FOR DAVANNI’S CONTINUED TO SEPTEMBER 18. 1995 Member Smith said he requested the issuance of the 3.2 beer license for Davanni’s removed from the consent agenda for further clarification of the Ordinance whether ordering food is a requirement in the issuing of a 3.2 beer license as it is with strong beer. After a brief discussion, Council consensus was to continue the issuance of the license for Davanni’s to the September 18, 1995, meeting to allow clarification of the ordinance and additional information to come forward. BUILDING OFFICIAL INTRODUCED Manager Rosland introduced Ron Wasmund, the new Building Official. Mr. Wasmund held the position of Community Development Director in Rosemount, prior to coming to Edina. 1996 PROPOSED BUDGET ADOPTED AND 1996 TAX LEVY ESTABLISHED Mayor Richards reminded the Council that action .must be taken to adopt a proposed budget and tax levy for 1996 for certification to Hennepin County. Mayor Richards called for public comment on the proposed 1996 budget. No comment or objection was heard. Mayor Richards moved adoption of the following resolution reflecting a 4.97% I increase in expenditures for 1996: RESOLUTION ADOPTING PROPOSED BUDGET FOR THE CITY OF EDINA FOR THE YEARS 1996, AND ESTABLISHING PROPOSED TAX LEVY FOR THE 1996 PAYABLE IN 1996 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS: Section I. The Budget for the City of Edina for the calendar year 1996, is hereby proposed as follows: Section 2. Estimated receipts other General Tax Levy, including HACA aid, are hereby proposed as follows: Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina a tax rate sufficient to produce the amount as follows: Adopted this 5th day of September, 1995. TOTAL GENERAL FUND $1 6,504,290 TOTAL ESTIMATED RECEIPTS $4,325,850 FOR GENERAL FUND $1 2, I 78,440 Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted I TRUTH IN TAXATION HEARING DATE SET Manager Rosland reminded Council that the Page 10 MinuteslEdina Citv Council/September 5.1995 I City is required to inform Hennepin County of its Truth in Taxation hearing dates. Truth in Taxation hearings for all governmental bodies must be held during the period November 29 through December 20, 1995. Member Smith made a motion setting November 29,1995, at 5:OO P.M. for the Truth in Taxation hearing and December 15,1995, at 5:OO P.M. as the continuation hearing date. Motion was seconded by Member Maetzold. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. CLAIMS PAID Mayor Richards noted he would be abstaining from the final vote because a family member has submitted a claim for payment. Member Kelly made a motion to approve payment of the following claims as shown in detail on the Check Register dated August 30, 1995, and consisting of 28 pages: General Fund $310,489.09; C.D.B.G. $4,760.00; Communication $6,245.85; Working Capital $I ,831.67; Art Center $7,805.46; Swimming Pool $1,546.55; Golf Course $51,175.56; Ice Arena $17,036.00; Gun Range $105.52; Edinborough/Centennial Lakes $23,162.75; Utility Fund $306,478.97; Storm Sewer $3,348.73; Recycling $1 53.00; Liquor Fund $74,858.1 I; Construction Fund $6,379.1 I; IBR #2 Fund $646.25; TOTAL $816,022.62. Motion was seconded by Member Smith. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith Abstaining: Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:23 P.M. City Clerk !ah nq Page I1