HomeMy WebLinkAbout19981102_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
NOVEMBER 2,1998 - ZOO P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Maetzold and Mayor
Smith. Member Kelly entered the meeting at 717 P.M.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Faust and
seconded by Member Hovland for approval of the Consent Agenda as presented with
the exception of Approval of the Regular Meeting Minutes of October 19,1998.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried. *
RESOLUTION OF APPRECIATION PRESENTED TO RETIRING FIRE CHIEF TED
PAULFRANZ Mayor Smith thanked the retiring Fire Chief Ted Paulfranz for his 31 1h
years of service to the City of Edina. He noted Chief Paulfranz will long be respected as a
resourceful and effective firefighter who served as a model for other City employees in
placing our citizens and their needs as a first priority.
MINUTES OF THE REGULAR MEETING OF OCTOBER 19, 1998, APPROVED
Member Hovland removed the Minutes of the October 19,1998, regular Council Meeting
to amend his comments. Member Maetzold also asked for a point of clarification.
Member Faust made a motion approving the Minutes of the Regular Meeting of
October 19,1998, as amended. Member Hovland seconded the motion.
. Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*TECHNICAL CORRECTION OF MINUTES APPROVED FOR SEPTEMBER 22,1998
Motion made by Member Faust and seconded by Member Hovland approving the
technical correction to the Regular Council Minutes of September 22,1998.
Motion carried on rollcall vote - four ayes.
RESOLUTION VACATING PORTION OF WEST 41’T STREET APPROVED - 4021
KIPLING AVENUE Affidavits of Notice were presented, approved and ordered placed
on file.
Presentation by Engineer -
Engineer Hoffman explained the property owner at 4026 Kipling requested the City vacate
a portion of West 41~t Street, adjacent to 4026 Kipling. West 41st Street does not exist as a
public roadway, nor does it ever appear that such a roadway will be needed. The City of
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Minutes/Edina Ciw CounciVNovember 2,1998
Edina, NSP, Minnegasco, USWest and Paragon Cable do not have any facilities located in
the requested area. Staff recommends granting the requested vacation.
Mayor Smith asked for CounciI comment. No comments were heard.
Member Maetzold introduced the following resolution and moved its approval.
I
RESOLUTION VACATING PORTION
OF WEST 41ST STREET
WHEREAS, a motion of the City Council, on the 8th day of September, 1998, fixed
a date for a public hearing on a proposed vacation of a portion of West 41st Street; and
WHEREAS, two weeks published and posted notice of said hearing was given
and the hearing was continued from October 19,1998, to November 2,1998, at which
time all persons desiring to be heard were given an opportunity to be heard thereon;
and
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing
easements within the area of the vacation and the extent to which the vacation affects
the authority of any person, corporation, or municipality owning or controlling electric,
telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains,
and hydrants on or under the area of the proposed vacation to continue maintaining the
same, or to enter upon such easement area or portion thereof vacated to maintain, repair,
replace, remove or otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Hennepin County, Minnesota, that the following portion of West 41St Street is hereby
vacated effective as of November 2,1998:
The northerly thirty (30) feet of the unimproved portion of West 4lst Street
as platted in Minikahda Vista Third Addition Morningside Minnesota,
adjacent to Lot 12, Block 2, Minikahda Vista Third Addition Morningside
Minnesota, according to the plat thereof on file or of record in the Office of
the Registrar of Titles, Hennepin County, Minnesota.
BE IT FURTHER RESOLVED that said vacation does not affect, and there are
continued, reserved, and retained, by the said resolution ordering the vacation, the
following existing easements and authority in, on and under the above vacated area:
The authority of Northern States Power Company, USWest
Communications, Paragon Cable Minnesota, or Minnegasco to enter upon
the above vacated area for the maintenance, replacement, repair and
removal of and for otherwise attending to, underground conduit,
manholes, cables, wires and poles required for utility service now in, on or
under the above vacated area.
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to
cause a notice of completion of proceedings to be prepared, entered in the transfer
record of the County Auditor, and filed with the County Recorder, in accordance with
Minnesota Statutes, Section 412,851. Member Faust seconded the motion.
I
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
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MinutesBdina Citv CounciVNovember 2,1998
FINDINGS OF FACT APPROVED SUPPORTING OVERTURNING DECISION OF
Associate Planner Aaker reported the subject property is located at 5 Circle Ease on the
west side of Circle East within the Hilldale neighborhood. At the October 19, 1998
meeting, the Council ordered submission of Findings of Fact and Conclusions of Law to
support overturning the decision of the Zoning Board of Appeals establishing the
frontyard setback of that lot at 74.9 feet. At that meeting, the average frontyard setback
required for 5 Circle East is 83 feet if the home at 5 Circle East remains and if it is removed
the frontyard setback would be at 81.93. Ms. Aaker informed the Council the home has
been removed and it is a vacant parcel and presented a corrected copy of the Revised
Findings of Fact, indicating changes with references made in reference in 2 Circle West. 2
Circle West is the lot furthest south along Circle West. Along the east side street lot line
referencing Circle East would be changed to Cooper Avenue as it relates to the house
directly across the street having a Cooper Avenue address.
ZONING BOARD OF APPEALS FOR FRONTYARD SETBACK - 5 CIRCLE EAST 'I
Member Hovland made a motion accepting the Findings of Fact as presented for the
property at 5 Circle East supporting overturning the decision of the Zoning Board of
Appeals for frontyard setback for 5 Circle East. Member Maetzold seconded the motion.
Member Faust asked for clarification on number 4 of the reasons portion of the Findings.
Attorney Gilligan noted the actual frontyard setback would be made uniform throughout
the Findings document taking into consideration the removal of the home at 5 Circle East.
A copy of the Findings of Fact are on file in the Office of the City Clerk.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
*HEARING DATE SET OF NOVEMBER 16,1998, FOR PLANNING MATTER Motion
made by Member Faust and seconded by Member Hovland setting hearing date of
November 16,1998, for Amendment to Final Development Plan Adding Two Units Near
Vernon Avenue and Olinger Road (Olde Vernon).
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR COLD STORAGE BUILDING - BRAEMAR ARENA Motion
made by Member Faust and seconded by Member Hovland for award of bid for a cold
storage building at Braemar Arena to recommended second bidder, $163,434.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR STORM SEWER - 7309 GLEASON ROAD Motion made by
Member Faust and seconded by Member Hovland for award of bid for storm sewer,
7309 Gleason Road to recommended low bidder, M&P Utilities, Inc., at $19,500.00.
Motion carried on rollcall vote - five ayes.
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MinutesEdha CiW CounciVNovember 2,1998
*PUBLIC HEARING DATE SET OF NOVEMBER 16, 1998 FOR SPECIAL
ASSESSMENT Motion made by Member Faust and seconded by Member Hovland
setting November 16,1998, as public hearing date for special assessment. . I Motion carried on rollcall vote - five ayes.
*HEARING DATE SET OF DECEMBER 7,1998, FOR EASEMENT VACATION, LOT 1,
BLOCK 1, LYLE 2ND ADDITION Motion made by Member Faust and seconded by
Member Hovland approving the following resolution:
RESOLUTION CALLING FOR PUBLIC HEARING ON
EASEMENT VACATION,
LOT 1, BLOCK 1, LYLE 2ND ADDITION
BE IT RESOLVED by the City Council of the City of Edina as follows:
1.
2.
3.
It is hereby found-and determined (after receipt of the petition of the
land affected thereby) that the following described property should be
considered for vacation in accordance with the provisions of Minnesota
Statutes, Section 160.29 and 462.358, Subd.7:
That part of the sewer easement located in Lot 1, Block 1, Lyle 2nd
Addition, Hennepin County, Minnesota, described as the Southerly
3.8 feet of the Northerly 20 feet of the Easterly 28 feet of the
Westerly 57.4 feet of said Lot 1.
This Council shall meet at EO0 P.M. on the 7th day of December, 1998,
for the purpose of holding a public hearing on whether such vacation
shall be made in the interest of the public.
The City Clerk is authorized and directed to cause notice of said
hearing to be published once a week for two weeks in the Edina Sun-
Current, the official newspaper of the City, to post such notice, in at
least three public and conspicuous places, as provided in Minnesota
Statutes. Such notice shall be in substantially the following form:
(Official Publication)
CITY OF EDINA
4801 WEST 50m STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
VACATION OF LOT 1, BLOCK 1, LYLE 2ND ADDITION
IN THE CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will
meet on December 7,1998, in the Council Chambers at 4801 West 50th Street for a public
hearing for the proposed vacation of the following lot:
That part of the sewer easement located in Lot 1, Block 1, Lyle 2nd
Addition, Hennepin County, Minnesota, described as the Southerly 3.8
feet of the Northerly 20 feet of the Easterly 28 feet of the Westerly 57.4 feet
of said Lot 1.
All persons who desire to be heard with respect to the question of whether or not the
above proposed street vacation is in the public interest and shall be heard at said time
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Minutesfidina City Council/November 2,1998
and place. The Council shall consider the extent to which such proposed street vacation
affects existing easements within the area of the proposed vacation and the extent to
which the vacation affects the authority of any person, corporation, or municipality
owning or controlling electric, telephone or cable television poles and lines, gas and
sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed
vacation, to continue maintaining the same or to enter upon such easement area or
portion thereof vacated to maintain, repair, replace, remove, or other wise attend
thereto, for the purpose of specifying, in any such vacation resolution, the extent to
which any or all of such easement, and such authority to maintain, and to enter upon
the area of the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL
Debra Mangen, City Clerk
Adopted this 2nd day of November, 1998.
Motion carried on rollcall vote - five ayes.
*HEARING DATE SET OF DECEMBER 7,1998, FOR EASEMENT VACATION OF
LOTS 4 AND 5, BLOCK 1, MIRROR OAKS Motion made by Member Faust and
seconded by Member Hovland approving the following resolution:
RESOLUTION CALLING FOR
PUBLIC HEARING ON EASEMENT VACATION OF
LOTS 4 AND 5, BLOCK 1, MIRROR OAKS
BE IT RESOLVED by the City Council of the City of Edina as follows:
1. It is hereby found and determined that the following described property
should be considered for vacation in accordance with the provisions of
Minnesota Statutes, Section 160.29 and 462.358, Subd.7:
Those particular 5.00 foot wide drainage and utility easements
adjoining the common lot line, between Lots 4 and 5, Block 1,
MIRROR OAKS, according to the recorded plat thereof, which lie
westerly of the easterly 10.00 feet of said Lot 5 and lying southerly
of a line 10.00 feet southerly of, measured radically from the right of
way of OAK BEND LANE as dedicated on said plat.
2. This Council shall meet at 200 P.M. on the 7th day of December, 1998,
for the purpose of holding a public hearing on whether such vacation
shall be made in the interest of the public.
3. The City Clerk is authorized and directed to cause notice of said
hearing to be published once a week for two weeks in the Edina Sun-
Current, the official newspaper of the City, to post such notice, in at
least three public and conspicuous places, as provided in Minnesota
Statutes. Such notice shall be in substantially the following form:
(Official Publication)
CITY OF EDINA
4801 WEST 50m STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
EASEMENT VACATION ON LOTS 4 AND 5, BLOCK 1, MIRROR OAKS
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Minutesfidina Citv Council/November 2,1998
IN THE CITY OF EDINA
HEN” COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will
meet on December 7,1998, in the Council Chambers at 4801 West 50th Street for a public
hearing for the proposed vacation of the following lot:
Those particular 5.00 foot wide drainage and utility easements adjoining
the common lot line, between Lots 4 and 5, Block 1, MIRROR OAKS,
according to the recorded plat thereof, which lie westerly of the easterly
10.00 feet of said Lot 5 and lying southerly of a line 10.00 feet southerly of,
measured radically from the right of way of OAK BEND LANE as
dedicated on said plat.
All persons who desire to be heard with respect to the question of whether or not the
above proposed street vacation is in the public interest and shall be heard at said time
and place. The Council shall consider the extent to which such proposed street vacation
affects existing easements within the area of the proposed vacation and the extent to
which the vacation affects the authority of any person, corporation, or municipality
owning or controlling electric, telephone or cable television poles and lines, gas and
sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed
vacation, to continue maintaining the same or to enter upon such easement area or
portion thereof vacated to maintain, repair, replace, remove, or other wise attend
thereto, for the purpose of specifying, in any such vacation resolution, the extent to
which any or all of such easement, and such authority to maintain, and to enter upon
the area of the proposed vacation, shall continue.
BY ORDER OF THE EDINA CI’IY COUNCIL
Debra Mangen, City Clerk
Adopted this 2nd day of November, 1998.
Motion carried on rollcall vote - five ayes.
*I-494 IMPROVEMENT REPORT ACKNOWLEDGED Motion made by Member Faust
and seconded by Member Hovland acknowledging receipt of the 1-494 Environmental
Impact Statement Report and construction schedule.
Motion carried on rollcall vote - five ayes.
*LEASE AGREEMENT WITH CANADIAN PACIFIC RAILROAD AT HANSEN
ROAD/GARDEN PARK AUTHORIZED Motion made by Member Faust and seconded
by Member Hovland authorizing the City Manager to sign a lease agreement for City
property with the Canadian Pacific Railroad for right-of-way at Hansen Road/Garden
Park.
Motion carried on rollcall vote - five ayes.
RESOLUTION APPROVING MINNESOTA LIVABLE COMMUNITIES ACT
PARTICIPATION Planner Larsen said adoption of the resolution notifies the
Metropolitan Council that Edina intends to continue its participation in the Minnesota
Livable Communities Act. The resolution is essentially the same as was adopted in 1997.
Member Hovland introduced the following resolution and moved its adoption:
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MinutesBdina City CounciVNovember 2,1998
RESOLUTION ELECTING TO CONTINUE
PARTICIPATING IN THE LOCAL HOUSING INCENTIVES
ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1999
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes
Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which
is intended to address housing and other development issues facing the metropolitan
area defined by Minnesota Statutes Section 473.121; and
WHEREAS, the Metropolitan Livable Communities fund, comprising the Tax
Base Revitalization Account, the Livable Communities Demonstration Account and the
Local Housing Incentive AccoSunt, is intended to provide certain funding and other
assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or
loans under the Metropolitan Livable Communities fund or eligible to receive certain
polluted sites cleanup funding from the Minnesota Department of Trade and Economic
Development unless the municipality is participating in the Local Housing Incentives
Account Program under the Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the
Metropolitan Council to negotiate with each municipality to establish affordable and
life-cycle housing goals for the municipality that are consistent with and promote the
policies of the Metropolitan Council as provided in the adopted Metropolitan
Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the
actions the municipality plans to take to meet the established housing goals through
preparation of the Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public
hearing, negotiated affordable and life-cycle housing goals for each participating
municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the
Local Housing Incentives Account Program must do so by November 15 of each year;
and
WHEREAS, for calendar year 1999, a metropolitan area municipality that
participated in the Local Housing Incentive Account Program during the calendar year
1998, can continue to participate under Minnesota Statutes section 473.254 if; (a) the
municipality elects to participate in the Local Housing Incentives Account Program by
November 15, 1998; and (b) the Metropolitan Council and the municipality have
successfully negotiated affordable and life-cycle housing goals for the municipality:
NOW, THEREFORE, BE IT RESOLVED THAT the City of Edina hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during the calendar year 1999. Member Maetzold seconded the motion.
I
.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
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MinutesEdha Citv CounciVNovember 2,1998
1999 LEGISLATIVE POLICIES FOR THE ASSOCIATION OF METROPOLITAN
MUNICIPALITIES (AMM) PRIORITIZED Manager Hughes said information has been
received from the Association of Metropolitan Municipalities (AMM) requesting cities to
prioritize their top five committee policy priorities as submitted by the AMM’s four
standing committees. He reminded Council of the Policy Adoption Meeting scheduled for
Thursday, November 12, 1998. Following a brief Council discussion, priorities were
designated as: 1) Levy Limits (Revenue), 2) Tax Increment Finance (Housing and
Economic Development), 3) Revenue Diversification (Revenue), 4) Sales Tax on Local
Government Purchases (Revenue), and 5) Transportation Funding (Transportation).
I
Member Faust made a motion approving submission of the 1999 Legislative Policies top
five policy priorities to the Association of Metropolitan Municipalities as follows: 1)
Levy Limits (Revenue), 2) Tax Increment Finance (Housing and Economic
Development), 3) Revenue Diversification (Revenue), 4) Sales Tax on Local Government
Purchases (Revenue), and 5) Transportation Funding (Transportation) before the Policy
Adoption Meeting November 12,1998. Member Maetzold seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
REMINDER OF 1999 LMC POLICY ADOPTION CONFERENCE, NOVEMBER 20,1998
Manager Hughes informed the Council the League of Minnesota Cities (LMC) sent a copy
of their 1999 policies as proposed by the League’s policy committee and the Board of
Directors. The policies address significant city issues including property tax reform, rights-
of-way management, local government aid, annexation, tax increment financing and
transportation funding. Manager Hughes said LMC requested the top five priorities be
submitted to them for a vote to be taken on November 20,1998, on these policies as part of
the Policy Adoption Conference. He suggested priorities of 1) State-Local Fiscal Relations,
2) Sales Tax on Local Government Purchases, 3) TIF Reform, 4) State and/or County
Licensed Residential Facilities, and 5) Adequate Funding for Transportation.
Member Hovland made a motion approving submission of the top five priorities for
1999 for the City of Edina with the League of Minnesota Cities of 1) Levy Limits
(Revenue), 2) Tax Increment Finance (Housing and Economic Development), 3) Revenue
Diversification (Revenue), 4) Sales Tax on Local Government Purchases (Revenue), and
5) Transportation Funding (Transportation), for a vote on November 20,1998. Member
Maetzold seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
PUBLIC HEARING HELD; RESOLUTION ADOPTED PROVIDING FOR ISSUANCE
AND SALE OF REVENUE BONDS BY THE CITY OF MINNEAPOLIS ON BEHALF OF
THE CITY OF EDINA AND THE EXECUTION OF A JOINT POWERS AGREEMENT
AND THE ADOPTION OF A HOUSING PROGRAM RELATED THERETO Affidavits
of Notice were presented, approved and ordered placed on file.
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MinutesEdina City CounciVNovember 2,1998
Attorney Gilligan explained the City of Minneapolis has requested a Joint Powers
Agreement with the City of Edina to permit Issuer to issue City of Minneapolis revenue
bonds on behalf of the City under Minnesota Statutes to refund one or more bonds issued
as a part of the City of Edina Multifamily Housing Revenue Bonds (Walker Assisted
Living Corporation).
I
Attorney Gilligan introduced John Ernie, Financial Analyst with Walker Methodist Health
Center who was available to answer questions.
No Council nor public comments were received.
Member Maetzold introduced the following resolution and moved its approval:
RESOLUTION PROVIDING FOR THE ISSUANCE
AND SALE OF REVENUE BONDS BY THE
CITY OF MINNEAPOLIS ON BEHALF OF THE CITY OF EDINA
AND THE EXECUTION OF A JOINT POWERS AGREEMENT AND THE
ADOPTION OF A HQUSING PROGRAM
RELATED THERETO
WHEREAS, to comply with the requirements of Section 1470 of the Internal
Revenue Code of 1986, as amended, and Section 462C.04 of Minnesota Statutes Chapter
462C (the ”Act”), the City Council (the ”City Council”) of the City of Edina, Minnesota
(the ”City”) conducted a public hearing on a proposal by Walker Methodist Health
Center, Inc., Walker Care Corporation I, Walker Assisted Living Corporation I, Walker
Senior Housing Corporation 111, Walker Senior Housing Corporation V, Walker Senior
Housing Corporation IX, Walker Senior Services, Inc., and Walker Residence, Inc.
(collectively the ”Walker Methodist Senior Services Obligated Group”) that the City
enter into a Joint Powers Agreement with the City of Minneapolis (the ”Issuer”) to
permit the Issuer to issue City of Minneapolis revenue bonds on behalf of the City (the
”Bonds”) under Minnesota Statutes Chapter 462C to pay costs of (i) refunding one or
more bonds issued as a part of City of Edina, Minnesota Multifamily Housing Revenue
Bonds (Walker Assisted Living Corporation I) Series 1991, issued in the original
principal amount of $6,700,000 or $450,000 original issue amount of City of Edina
Subordinated Multifamily Housing Revenue Note (Walker Assisted Living
Corporation) Series 1991, proceeds of which bonds were used to finance or refinance
costs associated with a 72 unit assisted living facility (the ”Edina Facility”), located at
7400 York Avenue South in the City of Edina, Minnesota, owned by Walker Assisted
Living Corporation I, (ii) repairing, renovating, rehabilitating or otherwise improving or
equipping the Edina Facility, (iii) funding any debt service or other reserves and (iv)
paying transaction costs related to the foregoing. The Bonds would not exceed
$11,000,000 in aggregate principal amount; and
WHEREAS, the Bonds may be issued by the Issuer as part of a larger bond issue
(not expected to exceed $80,000,000 in aggregate principal amount) to finance or
refinance prior debt and repair, renovation, rehabilitation or improvements with respect
to (i) the following facilities located in the City of Minneapolis: (A) a 106-unit rental
apartment building at 3535 Bryant Avenue South owned by Walker Senior Housing
Corporation V, (B) a 144-bed skilled care nursing home at 6130 Lyndale Avenue South
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Minutes/Edina City CounciVNovember 2,1998
owned by Walker Care Corporation I, (C) a 170-bed skilled care nursing home at 618
East 17& Street owned by Walker Care.%Corporation I, (D) a 490-bed skilled and
intermediate care nursing facility at 3737 Bryant Avenue South owned by Walker
Methodist Health Center, Inc., (E) a 139-unit senior apartment facility known as Walker
Place at 3701 Bryant Avenue South owned by Walker Residence, Inc. (with bonds
allocable thereto not expected to exceed $55,000,000 in aggregate principal amount), (ii) a
104dt elderly rental housing development, located at 131 Monroe Street in the City of
Anoka, Minnesota, owned by Walker Senior Housing Corporation I11 (with bonds
allocable thereto not expected to exceed $6,000,000 in aggregate principal amount), and
(iii) a 128-unit elderly rental housing development, located at One West Thompson in
the City of West St. Paul, Minnesota, owned by Walker Senior Housing Corporation IX
(with bonds allocable thereto not expected to exceed $8,500,000 in aggregate principal
amount); and
WHEREAS, a public hearing was conducted on the foregoing proposals after
notice was published not less than 15 days nor more than 30 days prior to the date fixed
for said public hearing in a newspaper of general circulation within the jurisdiction of
the City; and
WHEREAS, the Act permits joint action between cities pursuant to Minnesota
Statutes, Section 471.59 (the "Joint Powers Act"); and
WHEREAS, the Joint Powers Act provides that two or more governmental units,
by agreement entered into through action of their governing bodies, may jointly or
cooperatively exercise any power common to the contracting parties, and may provide
for the exercise of such power by one of the participating governmental units on behalf
of the other participating units; and
WHEREAS, the Issuer is a "city" under the Act with the same powers under the
Act as the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
1. The issuance of the Bonds by the Issuer on behalf of the City for the purposes
set forth above is hereby approved for purposes of Section 147(f) of the
Internal Revenue Code of 1986 and the Act.
2. The form of Joint Powers Agreement between the Issuer and the City
submitted to the City Council (the "Joint Powers Agreement") in substantially
such form and subject to such modification thereto as shall be approved by
the representatives of the City executing the same, which approval shall be
conclusively evidenced by the execution thereof, is hereby approved and shall
be executed and delivered by one or more appropriate representatives of the
City.
3. the Program, in the form presented to the City Council, is approved for all
purposes under the Act.
Adopted this 2nd day of November, 1998. Member Kelly seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried. I CLAIMS PAID Member Hovland made a motion to approve payment of the following
claims as shown in detail on the Check Register dated October 28,1998, and consisting
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Minutes/Edina City CounciVNovember 2,1998
of 29 pages: General fund $307,402.35; C.D.B.G. $705.30; Communications $888.70;
Working Capital $14,588.09; Art Center $10,954.32; Golf Dome Fund $15,664.67;
Swimming Pool Fund $5,543.64; Golf Course Fund $31,615.61; Ice Arena Fund $6,011.97;
Edinborough/ Centennial Lakes $10,530.64; Utility Fund $319,528.43; Storm Sewer
Utility Fund $24,139.50; Liquor Dispensary Fund $193,850.35; Construction Fund
$14,884.35; Park Bond Fund $7,838.96; 1-494 Commission $7.46; TOTAL $964,154.34.
Member Kelly seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Smith declared the
meeting adjourned at 8:15 P.M.
. , ..
0 Cityclerk
Page 11
BRIAN AND ANGELINA LAWTON DECISION,
5 CIRCLE EAST, APPEAL OF REASONS
DECISION BY EDINA ZONING
BOARD OF APPEALS
The above entitled matter was heard before the City Council of Edina, on October
19, 1998, and on November 2, 1998. Brian and Angelina Lawton, owners of 5 Circle East
(the “Proponents”) were present. Also present representing Brian and Angelina Lawton at
the October 19, 1998, meeting were Mr. Peter K. Beck, their attorney and Mr. Jeffery A.
Tritch, their residential designer. Neighboring property owners of the Hilldale
neighborhood were also present and were represented by Mr. Robin Davidson, property
owner of 6 Circle East. The City Council having heard all of the facts and arguments
presented by the appealing parties, City staff, the Proponents, and their attorney, and
having heard and reviewed the evidence and law addressed by the Proponents,
representatives, City staff, and property owners and being fully advised after due
consideration hereby makes the following:
FINDINGS OF FACT:
1. The Proponents, on September 2, 1998, submitted an application for a 13 foot
frontyard setback variance to allow a 70 foot frontyard setback for a new home to be
built at 5 Circle East. The property is zoned R-1 , single dwelling unit district consisting
of a home with an in-ground swimming pool.
2. The variance application illustrated a redevelopment of the lot with a two story home
and an in-ground pool, having a building foot print of approximately 3,100 square feet,
excluding the pool and patio area. The site plan demonstrated a proposed frontyard
setback of 70 feet. Edina City Code Section 850 (the “Zoning Ordinance”) requires that
the average frontyard setback of existing buildings shall be maintained by all new
buildings on the same side of that street and between said intersections. The
established average frontyard setback along the 5 Circle East block as determined by
City staff included those homes with a Circle East address. Staff included 1,3,5,
and 7 Circle East to establish an average frontyard setback requirement of 83 feet for
the proposed project.
3. The Zoning Board of Appeals (the “Board”) heard the Proponent‘s 13 foot frontyard
- setback request at its September 17, 1998, meeting to allow their home to be built 70
feet from the front property line of 5 Circle East. Brian Lawton the Proponent, Jeffery
Tritch his residential designer, and neighbors of the Hilldale neighborhood were
present.
4. At its September 17, 1998, meeting, the Board received the report of the Planning
Department, considered testimony by the Proponent, his residential designer and
neighboring property owners. The Board considered testimony from the Proponent,
and his designer regarding establishing the frontyard setback including the setback of
2 Circle West. Number 2 Circle West is the home located on the south end of Circle
East and was not included in the average at the direction of City staff. Number 2 Circle
*
2
West is a corner lot with frontage on both Cooper Avenue and Circle West. Number 2
Circle West has its front door, garage doors and address monuments facing Cooper € Avenue. The average frontyard setback including 2 Circle West is 74.9 feet.
5. The Board reviewed the subject lot configuration, topography of the lot, the house
plans and spacing that would be provided between the proposed home and adjacent
homes. Neighboring property owners in support of and in opposition to the project
were heard. A petition in opposition to the request was presented to the Board listing
13 households. The Board stated that they could not support the proposed home at a
70 foot frontyard setback. The Board indicated that they could support the Proponents
maintaining the 74.9 foot frontyard setback line which is established by including 2
Circle West in the average frontyard setback calculation. The Proponents indicated
their willingness to comply with the 74.9 foot setback established by the Board. The
Board voted unanimously to establish the frontyard setback along the west side of
Circle East at 74.9 feet. The Proponents withdrew their variance request.
6. On September 23, 1998, the City Clerk of Edina received a letter appealing the Board’s
determination of a 74.9 foot frontyard setback for 5 Circle East. The appealing parties
were :
Chris and Mick McCambridge
3 Circle East
Jane and Robin Davidson
6 Circle East
Rick and Jean M. Diaz
1 Circle East
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7. Appeal of the Zoning Board’s Decision of a 74.9 foot frontyard setback was heard by
the Edina City Council on October 19, 1998. Brian and Angelina Lawton, owners of 5 i Circle East were present. Also present at the meeting and representing Mr. and Mrs.
,
Lawton were Mr. Peter K. Beck, their attorney and Mr. Jeffery A. Tritch, their residential
designer. Concerned neighboring property owners of the Hilldale neighborhood were
present and were represented by Mr. Robin Davidson, and property owner of 6 Circle
East. Mr. Robin Davidson representing the neighborhood stated that the Hilldale
neighborhood is unique to Edina with winding streets and large irregular shaped lots.
Mr. Davidson stated that he and the other neighbors present oppose the inclusion of 2
Circle West in determining 5 Circle East’s frontyard setback requirement. He further
stated that 2 Circle West has always been a Circle West property and indicated that
the location of the intersections affecting the property is questionable. Mr. Davidson
submitted a petition to the city clerk listing 11 households objecting to the Zoning
Board’s determination of a 74.9 foot frontyard setback and further requesting that the
Council establish the frontyard setback for 5 Circle East at 83 feet. Mr. Kent Bank who
resides at 7 Circle East stated that he should be included in the names of those
appealing, adding that he had been out of town and was unable to sign the appeal
letter. Mi. Bank indicated that in the Hilldale neighborhood it is difficult to determine
where one street begins and another ends. Mr. Bank stated that there is a visual break
between 2 Circle West and the other Circle East properties. Mr. Peter Beck,
representing Mr. and Mrs. Lawton stated that an 8 foot difference in setback affects the
project and reduces backyard area impacting the pool and patio, Mr. Beck added that
the front of 2 Circle West faces Circle East. Council members stated the development €
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of Hilldale created a unique neighborhood consisting of angled streets and a variety of
lot configurations.
Therefore, based upon the foregoing findings the City Council does hereby make the
following:
DECISION:
The determination of a 74.9 foot frontyard setback for 5 Circle East by the Board is
changed to 83 feet (including the setback of 5 Circle East), or 81.93 feet if the home on 5
Circle East is removed.
REASONS:
1. The proposed frontyard setback of 74.9 feet is inconsistent with the other frontyard
setbacks adjacent to the property and along the east side of the Circle East block.
2. The proposed 74.9 foot frontyard setback includes 2 Circle West in the average
frontyard setback calculation. Number 2 Circle West should not be included in the
established average for 5 Circle East, and the inclusion of 2 Circle West would be
inconsistent with the Ordinance and the platted layout of the neighborhood. Number 2
Circle West is a corner lot and was constructed as a Circle West home. Number 2
Circle West as originally platted and developed as a Circle West facing home with the
front street.along Circle West and the side street of the lot along Cooper Avenue, as
evidenced by the fact that the house across the street has a Cooper Avenue address.
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The property received a variance from side street setback in 1986 to construct a room
and garage addition facing Cooper Avenue. The home at 2 Circle West and adjacent
home at 1 Circle East are separated by a large rearyard and area of natural woods.
3. The proposed pian with a 74.9 foot frontyard setback requires a variance from the
City’s Zoning Ordinance for which a hardship has not been demonstrated. The plan
could be redesigned to eliminate a frontyard setback variance.
4. The proposed plan results in a 74.9 frontyard setback which is detrimental to adjacent
properties by allowing the home to be located 8.1 feet forward of the average frontyard
setback of 81.93 feet along the block.
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