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
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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