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HomeMy WebLinkAbout19960617_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 17, 1996 ROLLCALL Answering rollcall were Members Kelly, Paulus, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member Kelly adopting the Council Consent Agenda as presented. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF JUNE 3. 1996 APPROVED Motion made by Member Smith and seconded by Member Kelly approving the Minutes of the Regular Meeting of June 3,1996. Motion carried on rollcall vote - four ayes. FINAL DEVELOPMENT PLAN GRANTED - 3917-3929 WEST 50TH STREET. EDINA PROPERTIES Assistant Manager Hughes recalled that on June 3, 1996 the Council reviewed the Final Development plans for the redevelopment of a retail site at 3917-29 West 50th Street. The proposed plans illustrated a three story building containing two stories of retail uses and one story of office uses. A restaurant was illustrated in the basement level of the proposed building. The public hearing on the Final Development Plan for 391 7-3929 West 50th Street was continued by Council allowing staff and Edina Properties time to respond to a number of questions relating to parking and density of the proposed redevelopment. Assistant Manager Hughes presented staff responses to the questions as follows: “Could businesses at 50th & France utilize church parkina lots for emplovee parkinu?” Churches are a conditional use within the R-I Single Family Dwelling District. According to the Zoning Ordinance, parking facilities that are accessory to churches are also a conditional use. Based upon this language, staff concludes that such parking could only be used for church related activities and therefore, could not be used for employee parking. If the Council wished to permit such employee parking if could: I. 2. Amend the Zoning Ordinance to allow it, or Rezone the church parking lot to Automobile Parking District (a Zoning District that permits automobile parking as a principal use.) “Could the Zonina Ordinance be amended to limit the third floor of the proposed buildinu to Office Uses onlv?” Yes, such an amendment is possible provided that it is applied equally to all uses in the PCD-2 District. However, such a restriction may be difficult to enforce. The City does not issue business licenses or occupancy permits, therefore, it may be difficult to determine when illegal occupancies occur. Some office uses are very similar in parking demand to retail uses, e.g., medical and dental offices, financial institutions and certain professional offices. Staff believes the marketplace will limit the uses of the third floor space to non-retail tenants and does not believe special regulations are needed at this time. “If additional structured parkinu were needed in the future. where would be built and how much would it cost?” The HRA hired Walker Parking Consultant to provide a preliminary feasibility analysis of potential sites for structured parking. Assistant Manager Hughes introduced Terry Hakkola of Walker, then briefly reviewed the report summary. Walker‘s report identified four potential locations for additional MinuteslEdina City CouncillJune 17.1996 structured parking: Expansion of the 49% Street Ramp shown as three options: la 1 b 1. One level vertical expansion to existing structure. Approximate net gain: 65 cars. Estimated Construction Cost: $650,000 or $1 0,00O/space Two level horizontal expansion to existing structure utilizing vacant private property to west of the ramp. Approximate net gain: 30 cars. Estimated construction cost: $21 0,000 or $7,00O/space IC Construct both la and I b. Approximate net gain: 115 cars. Estimated Construction Cost: $950,000 or $8,30O/space Construct a new ramp on property owned by First Bank directly west of the Post Office. Two level parking structure with one level depressed below grade. Approximate net gain: 144 cars. Estimated construction Cost: $980,000 or $6,80O/space Construct one level underground parking on the existing Lunds site. Approximate net gain: 57 cars. Estimated Construction cost: $861,000 or $1 5,l OO/space Extend the Middle Ramp westerly to Halifax and around to 49% Street. Approximate net gain: 60 Options I b, IC, 2 and 3 all require a land purchase and none of the above options include design costs. 2. 3. 4. cars. Estimated construction cost: $585,000 or $9,70O/space “How would construction of future Parkina facilities be paid for?” Assistant Manager Hughes stated the four following options appear available for funding parking facilities: Tax Increment Financing. Most of the public parking facilities at 50th & France have been financed through a combination of tax increment financing and special assessments. In previous cases 80% of the construction cost has been paid by tax increment financing and 20% through special assessment. Such financing may not be available in the future due to legislative changes or termination of the tax increment financing district. Special Assessments. Commercial properties have funded 20% of past parking facilities. This percentage could be increased in the future. If tax increment financing were unavailable special assessments may need to provide a higher portion of the construction cost. Parking Impact Fees. It is possible the City may be able to assess a parking fee in connection with expansion of buildings at 50th & France. The City could require an impact fee be charged for buildings exceeding the floor area ratio of 1.5. The impact fee could be equal to the estimated costs of constructing the parking stalls required to support the added floor area. Impact fees would be reserved by the City and utilized for construction of future parking or renovation of existing parking. This financing alternative requires further study by the City Attorney. The City could significantly increase fees charged for employee parking. The City could also charge hourly parking fees to patrons of 50th & France and use the proceeds to fund future parking. Staff believes this option not in agreement with the City’s potion regarding public parking at 50th & France. Assistant Manager Hughes noted the issue before Council is whether or not the Zoning Ordinance should be increased to permit the requested density increase from the allowed floor area ratio of 1.5 to a higher floor area ratio of 2.0. A two story building would meet the allowed density floor area ratio of 1.5, while the proposed three story building requires an amendment to the ordinance. If Council decides to approve the increased density thereby requiring an ordinance amendment, staff recommends the matter be referred back to Planning Commission. State Law requires Zoning Ordinance Amendments be first reviewed and acted upon by the Planning Commission. If Council decides not to approve an ordinance amendment increasing the density for the property action Page 2 MinuteslEdina Citv CouncilNune 17,1996 should be to deny the Final Development Plan or request the developer modify their submittal to comply with Edina’s existing Zoning Ordinance density requirement. Proponent Presentation John Pazhanick, Director of Development for Edina Properties, briefly reviewed the proposed building redevelopment. Mr. Pazhanick presented a model of the proposed building demonstrating three scenarios for third floor setbacks: 1) pulling the third floor back thirty feet to address some of the concerns about the mass of the building; 2) full three floor build out showing the scale of the building relative to the surrounding properties; and 3) setting the third floor back 10-12 feet. Mr. Pazhanick stated the third alternative is the one preferred by the developer. The developer believes this alternative answers the concerns regarding building mass and is economically feasible. Mr. Pazhanick presented Edina Properties’ preliminary parking management study prepared by Edina Properties to the Council. Mr. Pazhanick informed the Council that Lund’s were not prepared to exchange property at the Lunds Store site at this time. Mayor Richards asked Mr. Pazhanick what the floor area ratio would be with the proposed building’s third floor stepped back 10-12 feet? Mr. Pazhanick replied he believes the floor area ratio with the proposed building stepped back 10-12 feet is approximately I .92. Mayor Richards confirmed with Assistant Manager Hughes that a two story building would meet the approved density for the area of 1.5. Public Comment Ann Scoggen, 4610 Arden Avenue, expressed concern with the traffic impact on surrounding neighborhood. She asked exactly what kind of information developers are required to present relative to traffic impact? Ms. Scoggen stated that according to a traffic study obtained from the City Engineer traffic in the Country Club area has gone from 900 cars a day to 1200 cars a day. Ms. Scoggen submitted the quality of life is eroding with the increase in traffic and stated the area can not support anymore traffic. In her opinion the 50th & France area was not developed to support large retail stores drawing from the entire region. Mayor Richards explained developers must present their plans as proposed for the site and the challenge to the City Council is make sure it has enough information to make reasoned judgements in the best interest of the City. Jean Wyngard, 4509 Arden Avenue, stated she addressed the Council approximately 2% years ago when the County Club area streets were redesigned. At that time she pointed out the difficulty of making an east bound turn off Arden Avenue onto 50th Street either during the morning or evening rush hours. Ms. Wyngard reported she cannot make a safe turn during those times. Ms. Wyngard continued that over I00 children live on Arden Avenue and the increased traffic is of great concern to parents. She also voiced concern regarding pollution recalling research done in the Uptown Area where traffic caused deterioration of air quality. Parking on France Avenue is an important reason she shops in downtown Edina and removing parking from France to improve traffic flow in her opinion is not a viable option. Lastly, she added her disappointment with the loss of Clancy’s. Clancy’s was a major family center for downtown Edina. Ms. Wyngard requested additional information of the impact a new development will have on existing business and informed that residents have started petitions. John Palmer, 5813 Eastview Drive, co-owner of the northwest corner of 50th & France. Mr. Palmer reiterated his preference for maintaining the presently approved density. If a third story is approved Mr. Palmer would like to see it set back as far as the upper stories of the Edina Theatre. Mr. Palmer Page 3 MinuteslEdina City CouncillJune 17.1996 also indicated his opinion that the developer should provide parking on-site in the proposed building. Hosmer Brown also reiterated his comments of June 3rd. Mr. Brown felt the proposal is a beautiful well done project. However, if approved, Mr. Brown believes precedent would be set allowing other higher density projects to come into the area. He stated a realistic approach must be taken permitting only what the area can support both as to parking and traffic. 50th & France is not a mall and does not have the road structure to handle larger traffic volumes. Betsy Violante, 4607 Arden Avenue, stated she agreed with many of the concerns already expressed. Ms. Violante voiced her belief that rules and zoning laws must be followed. The laws were put in place for a reason and should be maintained. To maintain the integrity of this wonderful area the density requirement should be kept to 2 stones. She urged Council to look carefully at the impact of the proposal on the overall downtown area. D Council CommentlAction Member Paulus stated after studying the plans and listening to citizen comments that the parking management plan presented by Edina Properties did not offer anything. Member Paulus stated her belief that a feasible way to move traffic around is a necessity. People will not go up to the third or fourth level, but will instead around and around looking for spaces on the street. This problem was not addressed by the parking management plan. Adding more parking stalls does not seem economically feasible for the City to become involved in as a public project. Member Paulus concluded three issues concern her: 1) the visual effect of a 3 story development, 2) concern over parking, and 3) setting a precedent for over properties in the 50th & France Area. Therefore, based on these concerns Member Paulus stated she would favor only a two story development. Member Paulus recalled one of the proponents stated the request for a third story was a financial decision. This is not a reason in her opinion to deviate from density requirements, therefore she would only be supporting a 2 story development. Member Smith agreed with Member Paulus and added that at the last Council meeting a parking management plan was clearly requested of the developer. In view of the issues Member Smith would support only a 2 story development on the site. Member Smith moved denying the request for Final Development Plan of a three story building with a 10-12 foot setback. Member Paulus seconded the motion. Member Kelly asked staff if the developer could proceed with a two story proposal if the 3 story request is denied. Staff replied the developer could proceed with a 2 story request. Mayor Richards commented he did not support the motion on the floor because in his opinion it was contrary to previous discussion. In addition, Mayor Richards could support a three story building because of its architectural diversity, if the proposal could meet density and parking and traffic issues could be resolved. He would rather approve a two story building, not deny a three story building. Rollcall: Ayes: Paulus and Smith Nays: Kelly and Richards Motion defeated. Member Smith asked if the proponent was interested and willing to propose a to make any additional overtures regarding parking? He indicated he could two story building or support a two story Page 4 MinuteslEdina City CouncillJune 17.1996 building, but would like to see a contribution made towards solving the parking situation. John Pazhanick, speaking on behalf of Edina Properties indicated their willingness to proceed with a two story development. He added they do not have any additional parking solutions at this time. Mayor Richards moved approving Final Development Plan for a two story building at 3917- 3929 West 50th Street along the plans and specifications as presented, consistent with all zoning ordinance requirements and City policies. Motion seconded by Member Kelly. Mayor Richards commented that he is uncomfortable singling out one property owner to make a contributions towards a problem for the entire area. Member Smith asked what the situation was when Edina Theatre made a parking contribution? Assistant Manager Hughes responded Edina Theatre was seeking a variance to expand. The subject property is an infill site planned to have development potential. Assistant Manager Hughes added there has been a policy the Council has followed to assess an equalizing assessment. In other words, twenty percent of the cost of improvements at 50th & France on a floor area basis. Other properties have been charged an assessment equal to what they would have been charged if in existence when the improvements were done. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Motion carried. PUBLIC HEARING ON PRELIMINARY PLAT FOR ARROWHEAD POINTE CONTINUED TO JULY 15.1996 Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen informed Council the subject property is a 9.84 acre site developed with a single dwelling with access from McCauley Trail. The proposed plat would remove the existing dwelling and construct a new CUI de sac to serve the subdivision. The property is characterized by relatively steep grades at the existing driveway access from McCauley Trail. Once on top of the property it is rolling to fairly flat for a width of about 100 feet. Areas abutting the lake on the south and west and adjacent to the Crossview Church’s parking lot exhibit steep slopes. Since the proposed subdivision abuts a lake the zoning ordinance requires granting a 100 foot conservation restriction upland from the ordinary high water line. Two lots are requesting variances from this I00 foot requirement. Planner Larsen noted the proposed plat illustrates three outlots plus a separate lot for a storm water detention pond. Outlot A would be deeded to Crossview Church in a land swap that would move the Arrowhead Pointe access west, square off the church property and separate the two accesses. Outlot B would be deeded to the developer and become part of Lot 1 and outlot C would be deeded to the adjacent home on Post Lane. Planner Larsen stated access to the property would be by a new public road connecting to McCauley Trail. No access to Post Lane is anticipated. Significant cut and fill is necessary for the first 400 feet of the road to obtain acceptable public street road grades. Additional cuts are necessary for the remaining road length to drain the street into the storm water detention pond along McCauley Trail. Page 5 MinuteslEdina City CouncillJune 17.1996 Planner Larsen informed Council the developer had revised the proposed plat at the recommendation of the Planning Commission from twelve to eleven lots because the original proposal required twelve variances. The revised proposal requests six variance. Four of the variance are for lot dimensions and two ask relief from the 100 foot conservation restriction along the lake. Planner Larsen concluded the Planning Commission recommended approval of the Preliminary Plat with the following conditions: 1. Approval of Final Plat; 2. Subdivision Dedication; 3. Watershed District Grading Permit; 4. Developers Agreement; 5. 6. 7. City Engineer Approval of Final Pond Design; No Build Easement covering the Southerly 150 feet of Lot 3; and No Variances from the required 100 Foot Conservation Restriction. Proponent Comment Robert Smith, R.P. Smith Land Planning Consultants, Inc. introduced Ron Clark, Ron Clark Construction Company, Bruce Bren, Bruce Bren Homes, and Tom & Diane Vurton, who comprise Arrowhead Partners. Mr. & Mrs. Vurton will be homeowners in the subdivision and Mr. Clark and Mr. Bren will be the builders. Mr. Smith reviewed the design considerations necessary in laying out this subdivision. He stated the property has unique topography of a pyramid with a flat top. The proposed plat consists of 11 single family lots with a gross density of I .I 2 units per acre. Average lot size is 31 ,I 88.5 sq. fi. All lots are at least a half acre or larger. The developers are proposing subdivision dedication be a combination of land and cash. Mr. Smith continued stating the placement and location of Arrowhead Court has been carefully analyzed to achieve the best alignment with McCauley Trail, the Church property, existing homes, trees, utilities and the Lake. Mr. Smith concluded the Arrowhead Pointe preliminary plat will require a 15 foot partial release from the 100 foot conservation restriction on Lots 7 & 8, and variances on Lots 2, 3 & IO are required for lot depth. In addition, a width variance is requested for Lot 5. Mr. Smith added the requested variances allow the best utilization of the lots by the developer, pointing out the proposed housing pads as sited on the preliminary plat. Public Comment Bob Naas, 6320 Post Lane, stated he has owned the property for forty-one years, is impressed with the proposed development and urged approval of the preliminary plat. Rena Hurley, 6322 Timber Trail, asked for reassurance that nothing will be built behind her property. Ms. Hurley expressed concern with loss of value if the abutting property is built upon and she looses the sight line to the lake. Ms. Hurley liked the overall design of the plat aside from her concern about her property. Mike Bloomquist, 6309 Post Road, voiced concern with the potential for severe water problems if the proposed subdivision is approved. Mr. Bloomquist showed pictures of his property flooded almost to his house after a recent rain storm. He stated there is a pipe emptying into his backyard and asked for a guarantee that his property will not flood with additional development. Peter Calott, 6405 McCauley Circle, stated his concern with relaxing the 100 foot conservation restrictions. Mr. Calott urged the full 100 foot restriction be maintained. I Page 6 MinuteslEdina City CouncillJune 17.1996 Council Discussion/Action Mr. Smith responded to Ms. Hurley’s concern, stating an “No Build” easement will be placed on the lot directly abutting her backyard. Mr. Smith explained the pond as designed has been engineered for an event larger than a 100 year event. Mr. Smith demonstrated comparing the pond as originally designed for a 100 year event to the current design. Mr. Smith observed the existing catch basin was plugged from the recent storm causing Mr. Bloornquist‘s flooding. The developers believe dedicating the pond/park for public use will ensure regular maintenance and eliminate problems such as Mr. Bloomquists. Mr. Smith explained the developers are not asking for a 25 foot variance from the conservation restriction of 100 feet. They are requesting a 15 foot variance due to the property‘s topography and their desire to fully utilize the lots. Member Paulus expressed her concern with requests for variances from conservation restrictions on lakeshore lots due to developers desire to build large homes. She suggested builders build homes smaller and not request any variances. Bob Naas, 6320 Post Lane, observed that this week the pipe at 6316 and 6312 McCauley was just cleaned out for the first time since it was installed and flowage has improved. He also pointed out that his home is just 50 feet from the lake. Mayor Richards emphasized that the subject property is Developable without the requested variances and added that if zoning rules mean anything the City must follow them. Mayor Richards suggested the subdivision be redesigned so variances are not needed. Member Kelly pointed out the Planning Commission recommendation did not approve the variance from the conservation restriction, but did recommend approval of the preliminary plat. Member Paulus moved denial of the Preliminary Plat in its present form. Member Smith seconded the motion. Mayor Richards asked Attorney Gilligan if denial at this time precludes the developer from moving forward with this property for a period of time. Attorney Gilligan stated the developer would need to go back to the Planning Commission for review, but would not be stopped for any period of time. Mayor Richards suggested in lieu of denial a thirty day continuance be offered allowing the developer to evaluate Council comments and perhaps resubmit the plat to Council. Member Paulus amended her motion to continue consideration of the Arrowhead Pointe Preliminary Plat until July 15,1996. Member Smith seconded the amendment. Ayes: Kelly, Paulus, Smith, Richards Motion carried. Robert Smith, representing Arrowhead Partners agreed to the continuance to July 15, 1996. PUBLIC HEARING ON PRELIMINARY REZONING 5120 & 5124 FRANCE AVENUE R-I TO PRD- 3- HANS KUHLMAN CONTINUED TO JULY I. 1996 Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen explained the subject property contains two single family lots located on the westerly Page 7 MinuteslEdina City CouncillJune 17.1996 side of France Avenue, south of West 51st Street. Six homes exist between 51st Street south of the Regency Condominium Development and West 52nd Street. The subject property comprises the block‘s middle two properties with a combined area of 27,645 square feet. Mr. Kuhlman requested rezoning the property to PRD-3 allowing redevelopment with a townhouse project. Originally, Mr. Kuhlman proposed an eight unit development, however, at the Planning Commission’s recommendation, the proposal has been revised to seven units. The proposed townhouse building has units ranging from 16 to 20 feet in width, all which would be two stories. Parking would be provided in an underground garage similar to the Coventry at Centennial Lakes. Access would be from the front center of the building. Exterior materials are planned to be stucco with brick trim. Planner Larsen noted the original proposal exceeded allowable density for PRD-3 District and also requested setback variances from both the south and north property lines of ten feet each. The Planning Commission indicated agreement with the proposed land use based on Edina’s Comprehensive Plan and the proposed zoning district proposed. However, the Planning Commission felt the proposal should conform with the density requirements of the PRD-3 District and felt there should be additional setbacks provided on the north and south property lines adjacent to the remaining single family homes. Therefore, the Planning Commission recommended approval preliminary rezoning of a seven unit development with a minimum north and south property line setback of fifteen feet. Planner Larsen stated the proponent, in response to the Planning Commission recommendation submitted revised plans reducing the unit count from eight to seven and increasing the setbacks from ten to fifteen feet. The revised proposal meets PRD-3 density requirements and asks for a five foot sideyard setback variance. Public Comment Coralyn Dahlstrom 51 16 France Avenue, noted her June IO, 1996 letter objecting to the rezoning because: it will cut off the light to her property and end privacy; being only 15 feet from her property; the developer‘s inability to buy entire area and develop the whole block; the condition of the home on the south side of the development would seem to preclude potential buyers spending $250,000 to $300,000; and lastly, traffic is a huge issue on France Avenue. Esther Eggen, 51 12 France Avenue South, objected to the proposed development because it will chop up the block and change the entire character of the neighborhood. In her opinion a development encompassing the entire block would better address the increased traffic. Parking is already a problem with the Regency. Andy Castellano, 51 08 Gorgas Avenue, expressed several concerns with the development: this proposal is a radical change to the neighborhood’s character. Mr. Castellano supports increased density but believes it needs to be done without leaving the two remaining homes sandwiched between the townhomes and existing Regency Apartment. He also thinks the entire block should be done to avoid a piecemeal approach to redevelopment. Char Kuhlman, 5113 Gorgas Avenue, expressed concerns with the density of the proposed development and the increased traffic. She also agreed the redevelopment should encompass the entire block not just the middle two lots. Pat Bachman, 5100 France, agreed with other speakers’s regarding the density and traffic patterns of the proposed redevelopment. Mr. Bachman urged caution in reviewing the proposal. Page 8 Minutes/Edina Citv CounciVJune 17.1996 Michaela Castellano, 4854 France Avenue South stated she attended the Grace Church meeting hosted by Mr. Kuhlman. She expressed concern with parking, traffic and a desire to see a proposal that does not sandwich the remaining single family homes. Council Comment/Action Planner Larsen informed Council Mr. Kuhlman had indicated his intent to attend the Council meeting. Planner Larsen recommended Council grant a two week continuance to allow Mr. Kuhlman attend the meeting and address his proposal. Member Smith moved continuing consideration of the preliminary rezoning to July I, 1996 Council meeting allowing the proponent an opportunity to appear. Member Kelly seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried PUBLIC HEARING HELD: ZONING ORDINANCE AMENDMENT ALLOWING HOSPICES AS TEMPORARY CONDITIONAL USE IN R-2 DOUBLE DWELLING DISTRICTS DENIED. REQUEST TO OPERATE A HOSPICE 7019-7021 LYNMAR LANE. N.C. LllTLE MEMORIAL HOSPICE. INC. Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen explained the proposal before Council includes an amendment to the Zoning Ordinance to allow hospices as a temporary conditional use in R-2 Double Dwelling Districts and a request for Conditional Use, originated by N.C. Little Hospice, Inc. The request was presented to allow N.C. Little Hospice, Inc. to occupy the double home at 701 9 and 7031 Lynmar Lane as an eight bed hospice. Edina’s current zoning ordinance does not allow hospices in the R-2 District. Hospices would only be permitted in either the Regional Medical District or the Nursing Home District. Neither of these two districts fit the parameters for a residential hospice setting N.C. Little was seeking. Planner Larsen stated the City Attorney and city staff found that Minnesota Statutes allow hospices in either R-I or R-2 Districts preempting local control. However, cities may by ordinance make hospices a conditional use, thereby allowing cities to place reasonable conditions of operation upon hospices operating within their boundaries. Consequently, the amendment to the zoning ordinance was proposed to allow a hospice as a temporary conditional use in the R-2 District. The Planning Commission recommends approval of the zoning amendment which would require notification of all property owners within two hundred feet of the hospice and a public hearing before the Council. Planner Larsen continued that in anticipation of the such amendment notices were sent to property owners within two hundred feet of Lynmar Lane and a public hearing called before Council to consider the hospice request. Planner Larsen concluded stating that if Council adopts the ordinance amendment the Planning Commission then recommends approval of the temporary conditional use permit with the following conditions: employee parking be limited to the back of the property and that the property revert back to its residential use if the hospice use ceases. Mayor Richards explained the proponent would be given time to speak, then public testimony would be taken. If the amendment prevails then Council will take action on the request for conditional use. ProPonent Comment Page 9 MinuteslEdina Citv CouncillJune 17.1996 Bob Solheim, representing N.C. Little Memorial Hospice, Inc. stated the use proposed is for an eight bed hospice that would treat terminally ill patients and their families. N.C. Little Memorial Hospice, Inc. is incorporated as a Minnesota non-profit organization and members of the national hospice organization. Mr. Solheim said they have been looking for a long time for a property appropriate for this particular use. N.C. Little feels the Lynmar Lane property is very unique because it is a ten bed eight bath facility requiring minimal retrofitting to function as a hospice. Mr. Solheim continued stating that Minnesota Statutes do not allow more than twelve patients in a residential hospice located in an R-2 District. N.C. Little would be licensed by the State of Minnesota to operate the facility on Lynmar Lane. Mayor Richards asked Mr. Solheim to elaborate on the operation of the hospice as planned. Mr. Solheim stated eight patients would be residents, however, on occasion a family member may spend the night.-Visitation is encouraged twenty-four hours a day. Patients coming to the hospice will be at the end stage of their illness and will have been followed by a home hospice program, typically from Fairview Southdale, Abbot Northwestern or Methodist. Mr. Solheim added each of these three hospitals have contributed $25,000 to N.C. Little. The hospitals home hospice programs follow patients until they can no longer safely stay in their own homes, then refers them to a hospice such as N.C. Little for care. Mr. Solheim stated his only experience is with Midwest Community Hospice on 55th & Penn. Mr. Solheim submitted pictures from Midwest Community Hospice taken over approximately a ten day period depicting parking at that location. He stated there was a very low demand for parking. Mr. Solheim stated some patients would arrive by ambulance, but most would come by private auto. Upon death no police call is required because patients are registered with the Hennepin County Coroners office. A mortician would come and unobtrusively remove the patient from the hospice. Member Paulus asked about signage at the facility, how many pets would be allowed in residence and the number of staff on site at one time. Mr. Solheim responded the hospice would not have any signs, and that while pets are allowed, in his experience few patients bring pets. He continued that a minimum of two care givers are on duty at any one time. During the daytime an administrator may be on site as well as some volunteers. Member Smith asked Mr. Solheim if there wasn’t some handicapped signage outside the Penn Avenue site. He added he had experience with difficulty finding parking at the Penn Avenue location. Public Comment Wendy Morris, 5524 Mirror Lakes Drive, explained she had been an Edina resident for ten years. Ms. Moms stated she had a terminally ill handicapped child at home for two years. She does not see the proposed hospice presenting a problem to the neighborhood. Ms. Morris urged support of the proposed hospice. Cornell Kessell, 701 2 Lynmar Lane, expressed his concern regarding the parking problems the hospice will cause in the neighborhood. He stated fear the hospice will ask for removal of the barrier at the comer of Lynmar Lane and Sandell Avenue causing a great increase in traffic to the neighborhood. I Mayor Richards clarified that the hospice is not requesting any special consideration from Edina’s normal parking regulations. In addition, the hospice residing on Lynmar Lane does not mean the barrier would be removed. Page IO MinuteslEdina Citv CouncillJune 17.1996 Henry Basil, 7017 Bristol Boulevard, stated he had been an Edina resident since 1951. Mr. Basil was involved in the Dell Edge Association, which was consulted by the Edina Planning Commission and City Council on development of the entire area. He noted many young children are moving into the neighborhood and he does not feel a hospice is a good mix with the youngsters. Mr. Basil expressed concern with traffic and parking generated from the hospice. He added he supports the hospice concept but believes it does not belong in a residential neighborhood. Mark Chamberlain, 7004 Bristol Boulevard, stated he has four children under eight years of age. Mr. Chamberlain feels the notice area should be increased beyond the current 200 feet. In his opinion his property will be greatly affected by any change in traffic pattern. Mr. Chamberlain visited Midwest Community Hospice and the reason no cars are parked in front of the hospice is because it is a handicapped parking zone. He continued that during his discussions with Midwest employees they indicated an increase in traffic should be expected. For this reason Mr. Chamberlain opposes the hospice being located on Lynmar Lane. Bryan Siemers, 7004 Lynmar Lane, informed Council he is a long time Edina resident living with his step dad and family. He has noticed many children in the area and does not believe they will have a problem with a hospice. Mr. Siemers explained he has experienced many people in his life dying and had many friends in a hospice such as Grace House. He has benefitted from his association with Grace House. Hospices ease people's lives when they are dying. Mr. Siemers continued that perhaps a solution should be investigated with Lutheran Church of the Master for parking. Mr. Siemers submitted that children in the neighborhood may even benefit from having a hospice in the area since they could learn from their affiliation with it. He urged approval of the hospice. Mary Ellen Chamberlain, 7004 Bristol Boulevard, stated she is not opposing the concept of hospice or compassion. What she opposes is the location of the proposed hospice because of increased traffic and parking problems. Mrs. Chamberlain added people bought their homes in a residential neighborhood believing it would stay residential. Marge Basil, 7017 Bristol Boulevard asked Council to have the Fire Department to look at the Lynmar Land and Sandell Avenue intersection. She expressed concern with removal of the barricade if the hospice moves in. The property has a steep driveway with a three car garage. Ms. Basil does not see how all the workers cars would fit. Ms. Basil asked which three hospitals donated money to the hospice. Mayor Richards asked Mr. Solheim to respond. Mr. Solheim stated Fairview Southdale, Abbot Northwestern and Methodist hospital each contributed $25,000 to the hospice. Sue Dewees, 7100 Bristol Boulevard expressed her concern with the barrier at the Lynmar LaneEandell Avenue intersection. She did not think there is adequate room for cars to park in the front of the building, a car to still make a safe turn and a car to travel the street at the same time. Mary Ekegren, 701 6 Lynmar Lane referred to her June 1 1,1996 letter where she stated her objection to changing the dwelling at 7019-7021 Lynmar into a hospice clinic. She stated the neighborhood is a quiet and peaceful residential area and her desire to maintain that character. Ms. Ekegren added she is touched by the hospice concept, but she does not want it across from her home. Richard Stein, 7016 Bristol Boulevard, stated he did not buy his home to have his neighborhood rezoned. Mr. Stein objects to the rezoning, not the hospice. He further objects to decreased property values and increased traffic and parking problems. Page 11 MinuteslEdina City CouncillJune 17.1996 Council Discussion/Discussion Member Paulus asked for clarification from Attorney Gilligan regarding the status of a hospice as defined by Minnesota Statute, to suggest what would characterize reasonable conditions, explain zoning amendment and to define a conditional use permit. I Attorney Gilligan replied that State law provides that a licensed residential facility is a permitted use in an R-I zone for up to six residents and up to twelve residents in an R-2 zone. Staff determined the proposed hospice qualifies as a licensed residential facility for purposes of that law. Therefore, State law preempts local ordinances in this case. The City has no control whether or not the hospice can locate in this area. The law does allow the City to impose reasonable conditions on the location of the facility. Imposing such reasonable conditions was the purpose of the proposed zoning ordinance. Attorney Gilligan explained requiring employees to park in a specified location or limiting visiting hours if appropriate could be characterized as reasonable conditions. Cities do not have the power to refuse the hospice from locating in their jurisdiction. Attorney Gilligan continued the proposed zoning ordinance amendment would not change the zoning of the property from its current R-2 status. The amendment would make hospices a temporary conditional use in R-2 Districts. When conditional use permit is granted the City may place conditions on the use of the property. Therefore, the City would have remedies if the permittee failed to comply with the conditions. The City could cite the permittee for violation of the conditions. Without the ordinance amendment the City has not remedy to control the hospice. Member Paulus added she believes that a residence facility has protected status and realtors cannot disclose their presence when selling property. She asked Attorney Gilligan to verify this statute. Member Paulus summarized a City may not keep a hospice from locating in a residential neighborhood. Further only if the hospice were a conditional use could the City place any conditions on its operation. Member Smith questioned whether or not the hospice would be locating handicapped parking in front of the facility such as Midwest Hospice. Mr. Solheim responded that the Lynmar Lane location is planned to have all patients enter through the rear of the facility not the front so no handicapped parking is planned. Member Kelly asked if the Council has any authority to limit the number of beds at a particular location. Attorney Gilligan replied the number of beds is regulated by the State. Member Paulus moved approval of the ordinance amendment allowing hospices as a temporary conditional use in the R-2 District. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Paulus, Richards Nays: Smith Motion failed. Member Smith moved approval of the ordinance amendment allowing hospices as a temporary conditional use in the R-2 District taking into account the need for handicapped parking as part of the conditional use. Council briefly discussed the merits of adding specific conditions to the Ordinance amendment. I Motion failed for lack of a second. Page 12 MinuteslEdina City CouncillJune 17,1996 Mayor Richards stated there was no need to review the temporary conditional use because the ordinance was not amended. Member Paulus asked the record show the City did not pass the ordinance amendment due to a technicality and not as a negative statement trying to keep the hospice out of the community. *CABLE TELEVISION FRANCHISE RENEWAL HEARING CONTINUED TO JULY I. 1996 Motion made by Member Smith and seconded by Member Kelly to continue the cable television system franchise renewal owned and operated by KBL Cablesystems of the Southwest, Inc., dbalparagon Cable public hearing to July I, 1996. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR TWO BATTERY POWERED ICE RESURFACERS FOR BRAEMAR ARENA Motion made by Member Smith and seconded by Member Kelly for award of bid for two battery powered ice resurfacers for Braemar Arena to sole bidder, Zamboni, at $131,783.1 0 (with trade-in, tax included). Motion carried on rollcall vote - four ayes. *BID AWARDED FOR MIRROR LAKES STORM SEWER LIFT STATION AND FORCE MAIN Motion made by Member Smith and seconded by Member Kelly for award of bid for Mirror Lakes storm sewer lift station and force main to recommended low bidder, Bonine Excavating, Inc. at $1 09,761.70. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR RAMP JOINT REPAIR WORK - CENTER RAMP AT 3925 WEST 49% STREET Motion made by Member Smith and seconded by Member Kelly for award of bid for joint repair work on the center ramp at 3925 West 49% Street to recommended low bidder, Restoration Technologies, Inc. (RTI), at $19,940.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR 55 TON IRONWORKER CUTTINGlSHEARING MACHINE Motion made by Member Smith and seconded by Member Kelly for award of bid for 55 ton ironworker cuttingkhearing machine to recommended low bidder, Gladwin Machinery, at $7,175.46. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR CONSTRUCTION OF FOUR TEE OASES AT BRAEMAR GOLF COURSE Motion made by Member Smith and seconded by Member Kelly for award of bid for construction of four (#21, #23, #24, #27) tee oases to recommended low bidder, Perkins Landscape at $7,695.00. Motion carried on rollcall vote - four ayes. TRAFFIC SAFETY REPORT OF JUNE 4.1996. APPROVED Traffic Safety Coordinator Swanson explained that under Section B.l, staff recommended denial of a request for STOP signs along Mirror Lakes Drive and/or Ayrshire Boulevard. Reasons cited for this denial were: The Police Department should evaluate the street for possible inclusion in their enforcement program. The State Patrol mobile speed radar unit display should be used to educate drivers. A letter should be generated and distributed to the greater Mirror Lakes neighborhood drawing attention to safety and seeking neighborhood cooperation. Clear view violations should be corrected (overgrown vegetation). I. 2. 3. 4. Page 13 MinuteslEdina Citv CouncillJune 17.1996 5. STOP sign request should be denied. Resident comments Holly Hermann, 5209 West 56th Street, commented STOP signs change attitudes, they do not stop accidents. Courtney Rockwell, 51 12 Mirror Lakes Drive, noted that the reasons for denial are 'band-aid' fixes. She has lived in the area for a long time, traffic numbers have grown and in conjunction with numbers so have speeders. Wendy Morris, 5524 Mirror Lakes Drive, reminded Council that Mirror Lakes is a through street and residents need to change their attitude. She suggested trying STOP signage and ticketing speeders. Alan Ackerberg, 51 17 Mirror Lakes Drive, said he has been before the Council previously on the same issue. Mirror Lakes Drive is a curvy and hilly through street and he recommended citations be issued to speeders and offender's license numbers be turned in to the Police as well. He does not believe STOP signs would make the neighborhood less safe and cannot be convinced that STOP signs are not warranted. He suggested pedestrian warning signs be installed also, and recommended continuing the issue to July 1. Terry Snover, 5517 Mirror Lakes Drive, said he is a Policeman in Minneapolis. Neighbors have asked for STOP signs in the 70's, 80's and now the 90's...why not make them happy by installing them. He personally has taken license numbers of speeders and called their parents with great success in reducing speeds. He believes installation of STOP signs is overdue. Kristi Bloom, 5133 Mirror Lakes Drive, said she believes more kids have cars than ever before as well as the freedom to drive them. She asked for STOP signs along Mirror Lakes Drive and/or Ayrshire Boulevard. Mayor Richards called for Council discussion. No discussion ensued. Member Smith made a motion amending Section 6.1, allowing STOP signs to be installed at Mirror Lakes Drive andlor Ayrshire Boulevard. Member Kelly seconded the motion Ayes: Kelly, Smith Nays: Paulus, Richards Motion defeated. Member Smith made a motion to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of June 4,1996, as follows: Centerline striping for traffic lane clarification of the intersection at northerly end of Dakota Trail; I. and to affirm Section 6.4 and approve Section 6 and C. Member Kelly seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried. PROGRESS UPDATE GIVEN ON 4245 ALDEN DRIVE HOME PAINTING Manager Rosland explained on June 3, 1996, Council granted a two week extension to Herb Knox, resident at 4245 Alden Drive for completion of painting. A good faith effort in correcting the conditions was being hindered by weather. Manager Rosland indicated that progress at 4245 Alden Drive is being closely monitored and there is no reason to believe the painting and repairs will not be completed. Page 14 MinutedEdina Citv CounciVJune 17. 1996 APPOINTMENTS MADE TO COMMUNITY EDUCATION SERVICES BOARD Mayor Richards reported Jean Rydell and Peggy Kelly accepted reappointment to the Community Education Services Board for a one year term to June 30,1997. Peggy Kelly is the Council appointee and Jean Rydell the Park Board appointee. The at-large position remains vacant. Mayor Richards encouraged names of interested parties be referred to him for possible appointment. I CONCERN OF RESIDENT Gail Dean, 3925 West 49th Street explained she asked to be placed on the agenda to inform Council of a situation in her neighborhood relating to Stonebridge, located at 3930 West 49th Street. Stonebridge, a residential treatment center, houses eight young persons, usually four females and four males. Ms. Dean and her family have repeatedly been harassed, lost sleep, been frightened and have called 91 I. They have experienced loud music, profanity, assault, premise deterioration, fires lit in the front yard and their dogs have even been harassed. Ms. Dean said she has a 13 year old daughter who is afraid to bring friends home. Counselors supposedly on duty at all times are not around. Mary Quinlivan-Cochrane, 3922 West 49th Street, informed Council she lives next door to Stonebridge and works at home. She substantiated Ms. Dean’s concerns and added further she has complained to the management on many occasions, contacted the Edina Police, the County and the place continues to deteriorate. She expressed fear of retaliation and asked for help. Richard Cochrane, 3922, West 49th Street, said he would rather have a hospice located next door than Stonebridge. He emphasized the neighbors are not hysterical people, but something must be done soon. Police Chief Bernhjelm elaborated that staff at Stonebridge is supposed to be on site 24 hours a day. The Department of Human Services has not been responsive to neighborhood concerns. He restated that 1 I1 police calls have been received. The majority of the calls are regarding runaways or missing persons and emanate from Stonebridge itself. Chief Bernhjelm stated the neighbors have been more than patient. The Crime Prevention Coordinator has scheduled numerous meetings with Stonebridge staff that are canceled as well as left messages that go unanswered. Mayor Richards directed the neighbors to document everything and to write to the State. He directed staff to research and monitor the situation closely and to report back to the Council. RESOLUTION CALLING FOR SALE OF GENERAL OBLIGATION PARK AND RECREATION BONDS. SERIES 19966 Assistant Manager Hughes explained that Springsted, Inc., the City’s Financial Advisors have prepared terms for proposal. Under the terms of the proposal, the City would receive bids for the General Obligation Park and Recreation Bonds on Monday, July 15. In accordance with State Law, the City is permitted to issue up to 2 % in excess of the authorized amount to cover the cost of underwriters discount. Springsted estimates that the underwriters discount for this issue should approximate $90,000.00 which is well within the 2 % allowance. Therefore, the total principal amount of the bond issue is proposed to be $8,090,000.00. Assistant Manager Hughes introduced Dan O’Neill of Springsted who would be available to answer questions relating to the sale. Member Kelly introduced the following resolution and moved its approval: RESOLUTION CALLING FOR THE SALE OF GENERAL OBLIGATION PARK AND RECREATION BONDS, Page 15 MinuteslEdina Citv CouncillJune 17.1996 SERIES 1996B BE IT RESOLVED by the City of Edina, Minnesota (the City), as follows: Section I. Purpose. The electors of the City at a special election held on May 7,1996, have authorized the issuance of general obligation bonds of the City to improve public parks and other recreational facilities in the City and to expand Braemar Arena to provide an additional indoor ice skating rink. Pursuant to such authorization and Minnesota Statutes, Chapter 475, it is hereby determined to be in the best interests of the City to issue its General Obligation Park and Recreation Bonds, Series 1996B (the Bonds), in the principal amount of $8,090,000, $90,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56, to finance the improvement of public parks and recreational facilities in the City and the expansion of Braemar Arena. Section 2. Terms of Proposal Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for sale of the Bonds, which is attached hereto and hereby approved and shall be placed on file with the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Section 3. Sale Meetinq. This Council shall meet at the City Hall on Monday, July 15,1996, at 7:OO P.M., for the purpose of considering sealed proposals for the purchase of the Bonds, and of taking such action thereon as may be in the best interests of the City. Member Paulus seconded the motion. I ADOPTED this 17th day of June, 1996. Attest: I Mayor Rollcall: Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. RESOLUTION AUTHORIZING REPLACING FIRST BANK’S COLLATERAL WITH SURETY BOND Finance Director Wallin informed Council that currently the City has $3,990,000 in a US Treasury Note and a Federal National Mortgage Association Note, pledged as collateral at First Bank National Association. To keep this collateral pledged, First Bank is going to begin charging a fee of 40 basis points per year, times the market value of the collateral. At the current amount of collateral held, the monthly fee would be $1,333. To reduce this fee, Director Wallin noted the City could reduce the amount held as collateral. The amount needed as collateral is the maximum balance held in the bank at any time. The other method of protecting deposits is with a surety bond which would come at little or no cost to the City. Staff recommended the City accept the surety bond and release the collateral held. Member Kelly introduced the following resolution and moved its approval: RESOLUTION RELEASING SECURITIES IN LIEU OF BOND - FIRST BANK NATIONAL ASSOCIATION BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approves the release by its depository, First Bank National Association, of the following securities, held as collateral for the City of Edina Public Funds deposited in said depository: D ESC RI PTI 0 N RATE DUE PAR VALUE Page 16 MinutedEdina Citv Council/June 17.1996 US TREASURY 6 1/2 NOTE X97 6.500 811 5/97 $3,760,000.00 FNMA REMIC CL55E 6.200 4/25/05 $ 230,000.00 Member Smith seconded the motion. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. I DATES SET FOR 1997 BUDGET MEETINGS Finance Director Wallin presented a tentative calendar of events for the 1997 budget. Dates were as follows: DATE TIME AGENDA June 17 500 P.M. Staff to present budget assumptions. July 1 August 13 & 20 September 3 500 P.M. Final budget assumption presentation. If another meeting is expected, a 5:OO meeting could be scheduled July 8. Budget hearings with full detail budget for departments, boards, commissions, and the public. Council to adopt resolution approving preliminary budget and levy. Hold Truth in Taxation hearings. Actual hearing dates cannot be determined until after August 15. 500 P.M. 7:OO P.M. Nov. 29 to Dec. 20 7:OO P.M. Member Kelly seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried. CLAIMS PAID Member Smith made a motion to approve payment of the following claims as shown in detail on the Check Register dated June 12, 1996, and consisting of 35 pages: General Fund $212,895.78; C.D.B.G. $35.00; Communications $7,283.09; Working Capital $1 1,599.86; Art Center $5,109.85; Swimming Pool Fund $21,660.73; Golf Course Fund $84,867.20; Ice Arena Fund $23,255.56; Gun Range Fund $64.08; Edinborough/Centennial Lakes $26,784.40; Utility Fund $35,090.82; Storm Sewer Utility Fund $3,618.75; Recycling Program $39,966.57; Liquor Dispensary Fund $1 56,576.1 0; Construction Fund $23,467.39; IMP Bond Redemption #2 $1,200.00; TOTAL $653,475.1 8; and for confirmation of payment of the following claims as shown in detail on the Check Register dated June 7,1996, and consisting of 3 pages: General Fund $151,178.83; Working Capital $1,616.00; Golf Course Fund $1,200.88; Edinborough/Centennial Lakes $1 39.37; Utility Fund $126.72; Liquor Dispensary Fund $47,937.39; TOTAL $202,199.1 9. Motion seconded by Member Paulus. I Ayes: Kelly, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at I I :05 P.M. Page 17