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HomeMy WebLinkAbout1991-06-10_SPECIAL MEETINGSAGENDA EDINA CITY COUNCIL SPECIAL MEETING JUNE 10, 1991 5:00 P.M. ROLLCALL I. LOCAL OPTION SALES TAX II. GRANDVIEW REDEVELOPMENT AREA III. ADJOURNMENT FACTS REGARDING THE 1/2 CENT SALES TAX - 1989 sales tax collected from Edina's businesses: $29.3 million. - Estimated 1/2 cent sales tax:. $2.4 million from City of Edina businesses. - Loss to County if the'1 /.2 cent sales tax is not approved: $29.2 million. - Edina's share if the County was to replace loss by levy: $2.5 million. - Edina in 1992 comes back on formula for HACA in the amount of $242,548. - In 1993, HACA is raised to $844,076. RESOLUTION TO OPPOSE 1/2 CENT SALES TAX WHEREAS, the State Legislature has set forth an optional 1/2 cent sales tax; and WHEREAS, the Edina City Council has been asked by the Hennepin County Board of Commissioners to present a resolution regarding this tax; and WHEREAS, the City of Edina may benefit fiscally for a short period of time; and WHEREAS, the optional sales tax is so stated that is seems more like a black market tax; and WHEREAS, the present 1/2 cent sales tax is considered by many to be poor legislation. NOW, THEREFORE, BE IT RESOLVED that the Edina City Council recommend to the Hennepin County Board of Commissioners that they vote against the so- called optional 1/2 cent sales tax. ADOPTED by the Edina City Council this 10th day of June, 1991. RESOLUTION TO APPROVE 1/2 CENT SALES TAX WHEREAS, the State Legislature has adopted an optional 1/2 cent sales tax; and WHEREAS, this optional sales tax calls for a vote by the Hennepin County Board of Commissioners; and WHEREAS, this 1/2 cent sales tax means a loss of $29.2 million to the County if not approved; and WHEREAS, the City of Edina will lose additional HACA aid in 1992 and 1993. NOW, THEREFORE, BE IT RESOLVED that the Edina City Council urge the Hennepin County Board of Commissioners to pass the optional 1/2 cent sales tax. ADOPTED by the Edina City Council this 10th day of June, 1991. 0 DATE: TO: FROM: SUBJECT: M E M O R.A N D U M June 3, 1991 HRA /Council Gordon L. Hughes GRANDVIEW REDEVELOPMENT AREA On June 10, 1991, the Council /HRA will conduct a special meeting concerning the Grandview Redevelopment Area. The purpose of this memo - is to provide background information that may be helpful for the Council's discussion. Chronology of Events (Copies of Council Minutes Attached) Date Event April, 1984 Grandview Area Traffic Study (Copy of Summary attached as Exhibit 1) July, 1984 Redevelopment Plan Adopted and Tax Increment Financing District Established October, 1985 Vernon Terrace Project and Financing Approved February & March, 1986 Council Conducts Hearings on Land Use Alternatives for.Area (Copies attached as Exhibit 2) June, 1986 Summit Place Project - Approved & Constructed September, 1986 Council Considers Proposal by Knutsen Companies for Multiple Residential Use of Kunz /Lewis Site. Project Never Pursued by Developer. July & December, 1986 Council Approves Jerry's Redevelopment Parking Ramp, Public Works Garage and Bond Sale June, 1987 Council Approves Redevelopment of Regis Property - Project not undertaken by Developer. (Project involved expansion of Cedric's building for Regis Corporate Headquarters) July, 1987 Council Affirms Multi- Family Land Use Designation for Kunz /Lewis Site May, 1988 Planning Commission Reviews Preliminary Plans by Jerry's Enterprises for Retail Redevelopment of School Bus Garage & Kunz /Lewis Site. July, 1989 Link Road Reconstructed and Signalized at Vernon October, 1989 HRA Adopts Resolution to Acquire Lewis /Kunz Site by Eminent Domain if Necessary; Staff Authorized to Pursue Redevelopment Agreement with Jerry's/ Opus Corporation September, 1990 Council Hears Preliminary Rezoning by Jerry's /Opus of Kunz /Lewis Site. Review Includes Report by Jackson Scott (Copy attached as Exhibit 3). Hearing Continued 1 J HRA /CITY FINANCIAL PARTICIPATION AT GRANDVIEW The following summarizes our financial participation in Grandview projects to date. VERNON TERRACE $12,600,000 Housing Revenue Bond Issue SUMMIT PLACE $207,000 Subsidy from C.D.B.G. Funds GRANDVIEW PARKING RAMP /* PUBLIC WORKS'GARAGE $1,557,140 - Tax'Increment Financing 311,428 - Special Assessment /Jerry's 181,394 - General Fund $2,049,962 - TOTAL LINK ROAD RECONSTRUCTION* & SIGNALIZATION $232,108 - Tax Increment Financing expense DISCUSSION ISSUES 1. LAND USE: The most recent review of Grandview Area land use occurred in 1987. At that time, the council affirmed that the Kunz /Lewis site should be developed with multi- family residential uses. Since then, Vernon Terrace was built, occupied and suffered financial hardships, and Vernon Oaks (135 apartment.units) was built and apparently successfully occupied. Also, Regis Corporation announced plans to relocate and therefore decided not to proceed with its proposed redevelopment. The Regis site is presently zoned PC -2 Commercial. The report of Jackson Scott (Exhibit 3) discusses the relationship between the Regis site and the Kunz /Lewis property. QUESTION: Should the land use designations in Grandview be changed in light of the added apartment development in the area and the plans of Regis? 2. PUBLIC FINANCIAL PARTICIPATION IN GRANDVIEW ROADWAY /PARKING IMPROVEMENTS & PRIVATE REDEVELOPMENT: The City has completed the initial public improvements in the area including: - Link Road reconstruction and signalization - Closure of Vernon /Edina /Sherwood intersection * Project Costs Financed with $2,000,000 G.O. Bond Issue I Consolidation of Jerry's /Norwest Bank /Union Oil access Vacation of Summit Avenue Demolition of Public Works garage and construction of new Parking Ramp /Public Works garage Future public improvements depend largely upon future private redevelopment. These public improvements include: - Upgrade of Interlachen /Vernon intersection and widening of bridge over Railroad tracks - Relocation of Arcadia Avenue /50th Street through Regis property The principal private redevelopment issue at present continues to be the redevelopment of'Kunz /Lewis, Wave Car Wash and school bus garage properties. If Regis in fact relocates, we would expect a similar redevelopment interest for the Regis site. QUESTION: What role should the City play in private property redevelopment at Grandview? To assist in this discussion, we have identified the following alternatives. (There may be others) ALTERNATIVES FOR PUBLIC PARTICIPATION AT GRANDVIEW 1. Acquire land without immediate resale opportunity and issue a request for proposals to development community. ADVANTAGES o Maximum Control of Development Options o Creates a Competitive Environment for Developer Proposals DISADVANTAGES. o Very Risky Given Tax Increment Financing and Tax Law Uncertainty o Imposes on City Rather Than Developers /Property Owners the Obligation to "Perform" o Unprecedented in Edina 2. Acquire Land and Write Down Cost of Land for Immediate Resale to a known Developer for Commercial (non - residential) Development pursuant to a previously negotiated development agreement. ADVANTAGES o Less Risky Than #1 o City is Certain as to Developer, Development and Financial'Obligations Prior to Acquiring Land DISADVANTAGES o Unprecedented in Edina, With Respect to Non - Residential Projects o Some Risk Depending Upon Structure of Contract 3. Acquire Land and Write Down Cost of Land for Immediate Resale to known Developer for Residential Development pursuant to a previously negotiated development agreement. ADVANTAGES o Less Risky Than #1 0 City Has Done This On Several Occasions N o Beneficiary of City Assistance is Arguably the Owner /Tenant, Not the Developer DISADVANTAGES o Some Risk Depending on Structure of Contract o More Housing in Grandview Area? 4. Provide Subsidy for School Bus Garage Relocation ADVANTAGES o "Public Benefit" of Project o School /City Cooperation DISADVANTAGES o Legal Obstacles may present Direct Funding of School Garage by HRA. 5. Undertake and Fund by way of Tax Increment Financing All Offsite /Utility Work in Area ADVANTAGES o Similar to 50th & France o - Especially Benefits Regis Site Due to Potential Vacation /Relocation of Arcadia & 50th Street DISADVANTAGES o Little Benefit to Kunz /Lewis Site 6. Prepare Illustrative Development Plan For Area (An illustrative development plan would schematically show a hypothetical development.of the major properties of the area) ADVANTAGES o Solidifies City's Land Use Goals Especially if the Comprehensive Plan is Amended to be Consistent with Redevelopment Plan 0 Provides Guidance and Motivation for Property Owners DISADVANTAGES o May Infer That City is Willing to Provide Financial fd Assistance o May Be Difficult to Deny a Development Consistent With Plans by Action of City 7. Unilateral Rezoning of Properties ADVANTAGES o Uses.Regulatory Tools Rather Than Fiscal Tools to Effect Change DISADVANTAGES o Legal Issues o Unprecedented in Edina o Establishes Zoning Prior to a Development Plan - May be Difficult to Deny Plan if it Complies with Zoning. This Procedure is Also Contrary to the Process Established by the Zoning Ordinance. 8. Traditional Role (React to Development Proposals /Rezoning Requests) ADVANTAGES • No Financial Involvement • Minimal Legal Risks o Maintains City Philosophy of No Write -Downs for Non - Residential Development DISADVANTAGES o City May Have to Accept Less than Desirable Land Use 0 May Slow Potential Development EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL MINUTES OF JOINT MEETING June 18, 1984 In attendance were Members Bredesen, Richards, Turner and Mayor Courtney. H.R.A. /COUNCIL JOINT MEETING CONVENED FOR PUBLIC HEARING ON GRANDVIEW AREA REDEVELOPMENT PLAN, REDEVELOPMENT PROJECT AND TAX INCREMENT FINANCING PLAN. Attorney Erickson advised that State Statute requires that a public hearing be conducted by the Council on the Grandview Area Redevelopment Plan, Redevelopment Project and Tax Increment Financing Plan. Member Richards' motion was seconded by Member Bredesen to convene a joint meeting of the H.R.A. and the Council to hear the Grandview Area Redevelopment Plan, Redevelopment Project and Tax Increment Financing Plan. Ayes: Bredesen, Richards, Turner ", Courtney Motion carried. Affidavit of Publication in the Edina Sun on May 30, 1984, was presented by Clerk, approved as to form and ordered placed on file. Planner Craig Larsen presented the proposed Grandview Area Redevelopment Plan and the Grandview Redevelopment Project No. 1, advising that together the Plan and Project serve as the basis for the establishment of a tax increment financing project for the Grandview Area. The area is generally bounded by T.H. 100 on the easterly side, Vernon Avenue on the northerly and westerly sides, and Edenmoor Avenue on the southerly side. The Redevelopment Plan and Project were considered by the Community Development and Planning Commission at its May 30, 1984, meeting and the Commission recommended adoption by the H.R.A. and the Council. Mr. Larsen advised that in order to meet the statutory requirements for the establishment of a tax increment district two documents are needed. First, the Redevelopment Plan which describes existing conditions, documents problems in the area, and recommends certain activities to correct problems and achieve goals and objectives established for the area. Second, the Redevelopment Project which serves as the finance plan for redevelopment activities. It estimates the public,cost of the project, the method cf financing the cost, and the tax increment expected to repay the tax increment bonds. Mr. Larsen pointed out that Section II of the Plan describes existing problems in the Plan Area including a substantial quantity of substandard build- ings, non - conforming buildings and land uses, obsolete uses, and under utilized properties. The arrangement of public parking and the inadequate amount of park- ing in the commercial core of the area are also identified. In addition, traffic and circulation problems set forth in the "Grandview Area Traffic Study ", prepared by BRW, Inc., are incorporated into the Plan. Based upon these problems, the Plan concludes that certain redevelopment activities are warranted. Among the goals and objectives set forth in the Plan are: 1) To promote development and redevelopment in a manner consistent with the policies set forth in the Comprehensive Plan, 2) To improve 'the efficiency of the street system through implement of the road improve- ments recommended in the "Grandview Area Traffic Study ", 3) To promote and secure additional public parking in the area, and 4) To promote and secure the develop- ment of parcels with substandard and non - conforming buildings to more clearly define land uses and provide a more efficient utilization.' The'Plan also emphasizes improving the aesthetics and definition of the area through increased buffering, especially landscaping. Mr. Larsen advised that the Redevelopment Project No. 1 anticipates a total public redevelopment cost of approximately $4,500,000. This cost will be paid by the issuance of General Obligation Tax Increment Bonds and through special assessments against benefitting properties. The bonds would be- amortized over 25 years. Public costs include the roadway improvements to Vernon avenue and the construction of a 400 - stall, four level parking ramp on the'site now housing storage facilities for the City. Expected private redevelopment includes "redevelop- ment of the Biltmore Motel site with condominiums, increased retail and office space near Jerry's complex, redevelopment of three single family houses with eight town- �S H.R.A. Minutes of 6/18/84 Page Two house units, and redevelopment of the area containing the Biltmore Bowl, Jerry Leonards and a small office building with additional office space. A later redevelop- ment would involve the railroad property and the industrial area south of Eden avenue. Mr. Larsen explained that the Plan is proposed to be undertaken in two or more phases. Phase I of the project would involve the following public costs: 1) Demo- lition of existing City storage buildings and construction of a two level parking ramp (approximately 200 spaces) with the ground floor reserved for City storage, 2) Road improvements referred to as Issue Area 1 in the Traffic Study, i.e. the Sherwood, Eden, Vernon intersection and Link Road, and 3) Construction of a major new intersection serving Jerrys, First Bank and Union 76, including access to the parking ramp. The total public cost of the Phase I project would be $2,556,000. It is proposed that 20% of the cost be specially assessed, leaving $2,150,000 for which bonds would be sold. The bond issue would be amoritized over a period of 25 years with the tax increment provided by redevelopment and a general inflation increment on the 51 parcels in the District. The Council and staff then discussed the involvement of- private redevelopment in the area, the amortization period, the inflation factor, hearings on improvement projects to be assessed to property owners in the district, funding for the City's storage facility and why the Plan and Project are proposed at this time. No objections being heard, Commissioner Richards introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE GRANDVIE4 AREA REDEVELOPMENT PLAN, GRANDVIEW REDEVELOPMENT PROJECT NO. 1 TO BE UNDERTAKEN PURSUANT THERETO AND THE GRANDVIEW TAX INCREMENT FINANCING PLAN; APPROVING THE GRANDVIEW AREA REDEVELOPMENT PLAN AND GRANDVIEW REDEVELOPMENT PROJECT NO. 1 TO BE UNDERTAKEN PURSUANT THERETO, THE GRANDVIEW TAX INCREMENT FINANCING PLAN AND THE ESTABLISHMENT OF THE GRANDVIEW TAX INCREMENT FINANCING'DISTRICT, AND REQUESTING THE APPROVAL OF THE CITY COUNCIL BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the City of Edina, Minnesota (the "HRA "), as follows: 1. It has been proposed that the HRA approve a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, to be designated as the Grandview Area Redevelopment Plan (the "Redevelopment Plan "), and a redevelop- ment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 462.421, subdivision 13, to be designated as Grandview Redevelopment Project No. 1 (the "Project "), and that in order to finance the public redevelop went costs to be incurred by the HRA in connection with the Redevelopment Plan and Project, -it has been further proposed that the HRA approve a tax increment financ- ing plan,' pursuant to the provisions of Minnesota Statutes, Section 273.74, to be designated as Grandview Tax Increment Financing Plan (the "Financing Plan ") which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9, to be designated as Grandview Tax Increment Fi- nancing District (the "District "). 2. The Redevelopment Plan, the' Project, the Financing Plan and the District are described in the attached documents entitled "Grandview Area Redevelopment Plan" and Grandview Redeve_. :)ment Project No. 1 to be Undertaken Pursuant to the Grand - view Area Redevelopmen-.. Plan and Grandview Tax Increment Financing Plan of the Housing and Redevelopment Authority in and for the City of Edina, Minnesota," and the Redevelopment Plan, the Project, the Financing Plan and the District as so described are hereby approved, and the Executive Director of the HRA and the attorney for the HRA are hereby authorized and directed to proceed with the im- plementation of the Redevelopment Plan, the Project, the Financing Plan and the District. H.R.A. Minutes of 6/18/84 Page Three 3. The Redevelopment Plan and the Project were transmitted to the Community De- velopment and. Planning Commission (the "Commission ") for its review and opinion. The Commission reviewed the Redevelopment Plan and Project on May 30, 1984, and adopted a resolution recommending adoption of the Redevelopment Plan and Pro- ject. 4. The Redevelopment Plan, the Project, the Financing Plan and the District, together with the written opinion of the Commission, have been presented to the City Council for a public hearing on the Redevelopment Plan and the Project pursuant to Minnesota Statutes, Section 462.521 and the Financing Plan pursuant to Minnesota Statutes, Section 462.521 and the Financing Plan pursuant to sota Statutes, Section 273.74, and subdivision 3. riinne- Attes ✓ / ;airman Executive Direc r Motion for adoption of the resolution was seconded by Commissioner Turner. Rollcall: Ayes: Bredesen, Richards, Turner, Courtney Resolution adopted. Member Richards then offered the following resolution and moved its adoption: RESOLUTION APPROVING THE GRANDVIEW AREA REDEVELOPMENT PLAN AND GRANDVIEW REDEVELOPMENT PROJECT NO. 1 TO BE UNDERTAKEN PURSUANT THERETO AND THE GRANDVIEW TAX INCREMENT FINANCING PLAN FOR THE GRANDVIEWd TAX INCREMENT FINANCING DISTRICT, MAKING FINDINGS AND REQUESTING CERTIFICATION OF'THE GRANDVIEW TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows: 1. This Council has received the written opinion of the City Planning Commis- sion as to the Grandview Area Redevelopment Plan (the Redevelopment Plan) and Grandview Redevelopment Project No. 1 (the Project) and Grandview Tax Incre- ment Financing Plan (the Tax Increment Financing.Plan) for Grandview Tax Incre- ment District (the District), and on June 18, 1984, held a public hearing on the same after notice of the public hearing was published in the Edina Sun, the official newspaper of the City, on the 30th day of May, 1984. All persons desiring to be heard were heard. 2. This Council finds that the Project is a redevelopment project within the scope of Minnesota Statutes, Section 462.421, subdivision 13. The Project will contribute to the public health, safety and welfare. 3. This Council finds that the District is a redevelopment district within the scope of Minnesota Statutes, Section 273.73, subdivision 10, as seventy percent (70 %) of the parcels in the District are occupied by buildings, streets, utili- ties or other improvements and at least twenty percent (20 %) of the buildings in the District contain defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of internal parti- tions or similar factors, which defects or deficiencies are of sufficient total s- ignificance to justify substantial renovation or clearance, and at least an additional thirty percent (30%) of the buildings in the District require substantial renovation or clearance in order to remove such existing conditions as inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings' not suitable for inprovement or conversion. H.R.A. Minutes'of 6/18/84 Page Four 4. Pursuant to Minnesota Statutes, Section 462.521, it is hereby found that: (A) The land located within the Project area would not be made available for redevelopment without financial aid sought; (B) The Redevelopment Plan for the redevelopment area within the City in- cluded therein will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of such areas by private enterprise; and .(C) The Redevelopment Plan conforms to the general plan for the development of the City as a whole. 5. Pursuant to Minnesota Statutes, Section 273.74, subdivision 3, it is hereby found that: (A) The District is a redevelopment district as defined in Minnesota.Stat- utes, Section 273.73, subdivision 10. (B) The proposed development in the opinion of this Council would not occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. (C) The Tax Increment Financing Plan conforms to the general plan for the devel- opment of the City as a whole. (D) The Tax Increment Financing Plan will afford maximum opportunity consistent with the sound needs.-of the City as a whole for the development of the District by private enterprise. (E) The City elects the method of tax increment computation set forth in Minne- sota Statutes, Section 273.76, subdivision 3, clause (a). 6. The City Clerk is authorized and directed to request that the appropriate au- thorities in the County of Hennepin establish a tax inqrement financing district pursuant to Minnesota Statutes, Section 273.74 for the premises in the City de- scribed in the Tax Increment Financing Plan. Attest: City Clerk Mayor. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Richards, Resolution adopted. Member Bredesen's motion was the Council and the H.R.A. Ayes: Bredesen, Richards, Motion carried. Turner, Courtney seconded by Member Turner to adjourn the Joint Meeting of Turner, Courtney Gordon L.'Hug es Executive Director H.R.A. /COUNCIL MINUTES - October 7, 1985 Page Two actions would be subject to final review and approval by the Council. Commissioner Turner questioned 1) why the market is directed at age 55 and older when units in the City's PSR zoning is specifically designed for occupancy by persons 62 years of age or over, 2) why the increment district would pay for off -site improvements instead of the project, 3) what the cost is to the Federal and State governments of this type of financing, and 4) whether approval of the project must be given by the MHFA. Planner Larsen responded that. there is -a precedent for the increment district paying for public improvements as was done for the South Haven senior project. Mr. Dunbar said the age issue could be worked out in the redevelopment contract and that regarding the cost to Federal /State governments the interest earned on the bonds is not taxable to the lender. With respect to MHFA approval, Mr. Hughes said they could be involved as to income limits on persons occupying the units, but that this type of bond issue would not be subject to their ceiling. In response to Commiss- ioner Bredesen, Mr. Dunbar said approximately 30 units would be provided for low and moderate income occupancy. Commissioner Richards asked about timing for the project. Mr. Dunbar indicated that the financing must be closed and the redevelopment contract executed prior to the end of the year. He said that no actual work can be started on the site until the financing is secured so that the first lender can have a clear title, but that there is an incentive to have the existing building down by January 2 from a tax standpoint. In response to the question as to rentals, Mr. Dunbar said there would be a range of approximately $850 for one bedroom units to $1,300 for three bedroom. units, including a minimum of one meal and certain other services. Rentals for low and moderate income units would be determined on a case by case basis depending on household income. Commissioner Bredesen commented that, concerning the issue of redevelopment, this property is not in a distressed area and Questioned whether it is redevelopable without financial support. Mr..Hughes responded that in staff's opinion it is if the objective is to develop it for housing purposes. Commissioner Richards asked if the cost of staff time for the project, over and above normal planning time, would be picked up by the project. Mr. Dunbar responded that that issue could be addressed in the redevelopment contract. Following further discussion, Commissioner Kelly moved' concept approval of the project and the drafting of a redevelopment contract. The motion-was seconded by Commissioner Turner, who commented that the public purpose of the project was to provide housing for' 30 low and moderate income elderly persons and to widen the range of housing choices within the City as stated in the Comprehensive_ Plan. She asked that staff consider carefully the issue of the age requirement and Edina preference in drafting the redevelopment contract. Mayor Courtney then called the motion. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. Commissioner Richards suggested that the City Council be convened with the HRA at this time to consider Council agenda item VIII.B. Chairman Courtney thereupon convened a joint HRA /Council meeting. CITY COUNCIL ADOPTS INDUCING RESOLUTION FOR HOUSING REVENUE BONDS /BILTMORE SITE REDEVELOPMENT. Subject to the developer paying the cost of staff time in connection with the sale of the Housing Revenue Bonds, Member Richards introduced the following resolution and moved its adoption: EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL MINUTES OF JOINT MEETING OCTOBER 7, 1985 Answering rollcall were Commissioners Bredesen, Kelly, Richards, Turner and Courtney. MINUTES of September 9, 1985 were approved as submitted by motion of Commissioner Kelly, seconded by Commissioner Turner. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. AWARD OF BIDS - EDINBOROUGH UTILITIES ACTION MOVED TO COUNCIL AGENDA ITEM V.A. Attorney Tom Erickson explained that a Joint Powers Agreement between the H.R.A. and the City has been drafted so that the H.R.A. and the City can award as one bid two separate items of work for the Edinborough utilities, one for the H.R.A. public work and one for the City public work. He recommended that agenda item I be moved down to the City Council Agenda item V.A. for award of bids and that a joint meeting be convened at that point. Motion of Commissioner Bredesen was seconded by Commissioner Turner to take action on agenda item I in a joint meeting with the Council when it considers agenda item V.A. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BILTMORE MOTEL REDEVELOPMENT PROPOSAL APPROVED; REDEVELOPMENT CONTRACT AUTHORIZED. Mr. Rosland recalled that the Council heard the Biltmore rezoning request on August 19, 1985 and at that time the proponent of the project, Frank Dunbar, also discussed a request for $1,000,000 of tax increment financing assistance from the H.R.A. Although the City granted preliminary approval of the rezoning, the members of the HRA /Council expressed reservations concerning the financial assistance. Subsequently, staff and Mr. Dunbar have met on several occasions to discuss revisions to the financing proposal. The restructuring of the proposal requests that the City issue Housing Revenue Bonds to finance the project. Mr. Dunbar recalled that on August 19, 1985 they had proposed a concept for senior housing under a redevelopment proposal for the Biltmore Motel site. At that time they presented an analysis of the market as well as a financial structure to address that market. Since that time they have re-analyzed primarily the financial structure still trying to maintain a very strong presense to the market that could be penetrated with the project. It is still seen as a redevelop- ment project to meet the goals and objectives of the redevelopment district. Mr. Dunbar said they have held the program intact from the standpoint of pre- sentation to the market after considerable discussion with Health Planning and Management Resources, Inc. and Health Central Corporation. The acceptable market is perceived as the senior citizen 55 years and older that is looking to give up their single family home and moving to a facility such as is proposed. The restructured financial proposal has been modified to a Housing Revenue Bond which would allow the developer to take advantage of the tax - exempt status. Mr. Dunbar explained that 1) they are not requesting the City to do a redevelop- ment project in a manner dissimilar to what they-have previously done, and 2) the tax increment that is generated from the redevelopment project would be available to meet the goals and objectives of the redevelopment district as a whole. However, it is requested that off -site improvements that would be proposed by the project and under the district objectives would be covered by the bond. He pointed out that this type of financing does require that 20% of the units be provided 'to low and moderate households. This would be moni- tored on an annual basis to be sure that goal is met. Mr. Dunbar stated they are requesting authorization by concept approval to proceed to a redevelopment contract together with an inducement resolution for sale of the bonds. Both r J, MINUTES EDINA HOUSING AND REDEVELOPMENT AUTHORITY FEBRUARY 24, 1986 Answering rollcall were Commissioners Kelly, Richards, Turner and Courtney. MINUTES of February 3, 1986, were approved as submitted by motion of Commissioner Turner, seconded by Commissioner Kelly. Ayes: Kelly, Richards, Turner, Courtney Motion carried. GRANDVIEW REDEVELOPMENT PROJECTS CONSIDERED. Executive Director Gordon Hughes recalled that on February 3, 1986, the Housing and Redevelopment Authority (HRA) reviewed land use alternatives for the Grandview area as presented by Peter Jarvis of BRW. Following the presentation, staff recommended that the HRA pursue as public redevelopment projects: 1) a parking facility /Public Works garage east of Jerry's Foods, 2) an upgraded Link Road and 3) a redevelopment of the Lewis Engineering /Kunz Oil /railroad property south of Eden Avenue. The Commissioners at that meeting indicated the need for additional information as to public parti- cipation and other background material. Mr. Hughes then identified the following major elements of the Grandview Redevelopment Project: 1) the parking /Public Works facility east of Jerry's, 2) the Link Road project and related roadway improvements, 3) Lewis Engineering /Kunz Oil /railroad redevelopment, and 4) the Bowling Alley /Cedrics /Bell Realty redevelopment (i.e. Regis property). These elements of the Project were then summarized by Mr. Hughes as follows: Parking /Public Works Facilitv - Staff has viewed this as a public /private joint venture whereby the City could save approximately $150,000 on the cost of a new Public Works storage building by taking advantage of the supports and deck of the parking facility. The proposed facility would contain about 270 parking spaces and would cost approximately $1,600,000. This ramp can be financed through the tax increment process, but it may be reasonable to assess a portion of the cost to the adjoining shopping center. If the same policy were followed here as at the 50th and France ramp, 20% of the costs or $320,000 would be assessed. Other assessment policies to consider would be to: a) assess the shopping center an amount equal to the cost of constructing conventional surface parking if property were available or about $1,000 /staff plus the value of air rights over the City property, b) pledge only those tax increments received from the expansion of the shopping center to finance the ramp with the remaining costs to be assessed to the shopping center. Other obvious alternatives are either to finance the ramp totally with tax increments or to provide no public financing. Link Road - Present difficulties with the Eden /Vernon /Sherwood /West 53rd Street intersection(s) prompted the formation of the Tax Increment District and the initial traffic studies by BRW. The recommended solution is the closure of this intersection and the reconstruction of Link Road with signalization of the Link/ Vernon intersection. This upgrading would require substantial right of way acquisition - probably a total taking of the Superamerica Station and the sub- sequent redevelopment of the residual property. In staff's opinion the Link Road upgrading is somewhat dependent on other redevelopment at Grandview. Only five reportable accidents have been documented at the Eden /Vernon intersection and if no other redevelopment activities occur in Grandview, it is questionable if the Link Road improvement is warranted, given its high costs of construction and right of way acquisition. If other redevelopment does occur staff believes that the additional traffic demands would warrant the upgrading of Link Road. If the improvement is undertaken it deserves the best possible design and staff agrees with BRW that such a design probably necessitates a total taking or least a total reconstruction of Superamerica in that all access from Link Road would have to be removed. 1 Minutes Edina Housing & Redevelopment Authority February 24, 1986 Page Two As an interim measure, Link Road could be reconstructed and signalized without taking Superamerica although some changes to its access would be required. This improvement could then be evaluated and upgraded in the future if warranted due to additional development in the area. Lewis Engineering /Kunz Oil /Railroad Redevelopment - This site presents one of the more traditional situations where tax increment financing has been used, i.e. the removal of blighted or underutilized improvements and reconstruction with more intense land uses. BRW has recommended that this property should be redeveloped for multi- family dwellings. These properties would probably not be significantly redeveloped without public participation and alternatives to the HRA's involve - ment in acquiring this property and reselling it for redevelopment are: a) to offer Housing Revenue Bonds or Industrial Development Bonds (i.e. tax exempt financing), as an incentive for private redevelopment, b) offer low interest loans or grants for substantially rehabilitating the existing uses on the property, and c) condemn the railroad property for resale to adjoining properties to facilitate an expansion and upgrading of existing uses. Bowling Alley /Cedtics /Bell Realty (Regis) - This site possesses high potential for redevelopment and staff has not recommended public participation. Even though these properties are somewhat "under- utilized" from a land use standpoint, staff did not document the presence of blight and therefore questioned the need for public participation at this time. The HRA could certainly be involved by promot- ing this redevelopment through the provision of public parking or other incentives. Other Proiects - BRW's land use analysis highlighted other properties which may be suitable for redevelopment, e.g, the School bus garage and the Minnesota Wanner property, south of Eden Avenue and east of the railroad tracks. The school bus situation has been discussed with Dr. Hamann of the School District who advised that the District will likely continue its busing program-for the forseeable fucure. He also noted that the present bus garage site is very small for their use alone and probably would not be conducive to a joint use with the City. The same problem seems to exist if a joint use were attempted on City property, e.g. the existing Public Works site. It may be possible to locate a joint bus garage and City Public .Works facility on the Lewis Engineering/ Kunz Oil site. Short- comings of this alternative are: 1) a "municipal building" could not be financed with tax increments, and 2) more property.would be exempt from taxation which would impact the feasibility of the tax increment district. Mr. Hughes reiterated that staff is looking. for concept approval of one of the alternatives and to then call a public hearing. Staff's first priority would be the parking /Public Works facility; the Link Road project and the Lewis Engineering/ Kunz Oil redevelopment require more work and would be brought to the HRA when ready. Commissioner Turner asked how the tax reform act would impact the HRA's ability to sell bonds to do any of these projects. Mr. Hughes responded that the Link Road project.would probably be defined as a governmental project that could be bonded for; that the parking /Public Works facility may be questionable and that the least likely to bond would be the Lewis Engineering /Kunz Oil redevelopment in that it would involve a "non- governmental" use of bond proceeds. He stated that the City's part of the parking /Public Works facility would be paid by funds programmed in the Capital Improvement Plan. Leon Schmieg of Typhoon Car Wash said that the proposed road alignment for the Link Road improvement would be very detrimental to his business. Charles Malin, Manager of Superamerica, asked what alternatives would allow them to remain at that location. Mr. Hughes responded r �J Minutes Edina Housing & Redevelopment Authority February 24, 1986 Page Three that if the interim measure for Link Road were to be constructed it would require some right of way with the flow through Superamerica having to be reversed and that the existing frontage road would be eliminated, but that staff would work with Superamerica on that roadway realignment. Dick Weigel, 5421 Woodcrest Drive, said that he was a stockholder in Typhoon Car Wash and expressed his concern regarding the economic effect of the proposed median that would not allow traffic to turn in from both directions as now is possible. Commissioner Kelly raised questions regarding the Lewis Engineering /Kunz Oil site redevelopment in that it would remove the property from the tax rolls and would change it to public assisted housing. She further questioned the need for additional housing of that type in the Grandview area. Mr. Hughes explained that the project principally would be to facilitate putting together the land package to make a development possible. He noted that it would not be removed from the tax rolls. It would likely be developed with market rate rental units but that the HRA could anticipate a developer_ coming forward to ask -for housing revenue bonds or a development similar, to what was done at the Biltmore site, with 20% of the units affordable to moderate income people. Commissioner Turner commented that she would prioritize the projects as: 1) Link Road intersection with the interim configuration, 2) the parking /Public Works facility, 3) the northeast quadrant to develop independent of government involve - ment, and 4) the area south of Eden., She pointed out the need for discussion of the City's additional goals in the housing area. Commissioner Kelly identified the parking /Public Works facility as her first priority and said that she was not convinced of a problem at the Link Road intersection. Commissioner Richards stated that he opted to do nothing at the present time. Commissioner Courtney indicated that the parking /Public Works facility would be his first priority with Link Road as the second. After further discussion, Commissioner Turner made a motion to conduct a concept approval public hearing on the Link Road improvement and the parking /Public Works facility on March 17, 1986. Motion was seconded by Commiss- ioner Kelly. Upon discussion of the motion, Commissioner Kelly offered an amend- ment to the motion that the total concept of Alternative C for the Grandview area be considered at the hearing. Commissioner Turner stated her consent to the amendment. Chairman Courtney then called the motion. Rollcall: Ayes: Kelly, Turner, Courtney Nays: Richards Motion carried. The HRA meeting was adjourned by motion of Commissioner Kelly, seconded by Commissioner Turner and carried unanimously. /7 Executive rector MINUTES EDINA HOUSING AND REDEVELOPMENT AUTHORITY FEBRUARY 3, 1986 The Edina Housing and Redevelopment Authority convened at 7:36 p.m. following the Edina City Council meeting. Present were Commissioners Kelly, Richards, Turner and Courtney. MINUTES of January 6, 1986, were approved as submitted by motion of Commissioner Turner, seconded by Commissioner Kelly. Ayes: Kelly, Richards, Turner, Courtney Motion carried. GRANDVIEW DEVELOPMENT PLAN PRESENTED. Executive Director Gordon Hughes recalled that the City retained the firm of Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. (BRW) two years ago to undertake a roadway traffic flow improvement study for the Grandview area. Following that, a'tax increment financing district was established in the area precipitated in large measure by the redevelopment of the Biltmore Motel site. When the Biltmore site was considered a number of residents from the area attended who asked that the City undertake a study of the intersections of Eden /Vernon /53rd Street /Sherwood to attempt to relocate it or to provide a better traffic flow. That precipitated the BRW project and the tax increment district.which has been held in abeyance pending some development that would generate increment. Mr. Hughes added that the Biltmore site has now received a zoning and bond issuance and apparently construction will now begin. Late last summer staff recommended to the HRA the hiring of MW as a follow -up to the traffic study to give advice as to the land use within the Grandview area. Since then staff has worked with Peter Jarvis and his associates of BRW and have talked about various concepts. It was pointed out that BRW was asked to perform a land use analysis; not a financial analysis as to the feasibility of a tax increment district or the adviseability of public involvement. BRW was simply asked to present a land use analysis and recommendation on.which the HRA could focus and then chose things the public could be involved in from a tax increment standpoint. Mr.' Hughes stated that this presentation was not scheduled or advertised as a public hearing because the plan was not seen as a departure to what has previously been shown to the neighborhood and other property owners in the vicinity. Staff has talked to most of the commercial property owners that would be affected and has invited them to attend. Following this presen- tation, a public hearing could be scheduled on the various alternatives if the HRA so desires. Those items the HRA may wish to focus on from a public improve- ment standpoint would be processed as a project and would have the normal hearing procedure. Peter Jarvis then presented three alternatives for development of the Grandview area. He asked the Commissioners to consider each with regard to: 1) the major circulation improvements along Vernon Avenue, 2) the possibility of incorporating the City's need for dry storage space with solving an existing private parking problem at Jerry's, 3) the possibility of uses south of Eden and west of the railroad tracks that would be more appropriate and efficient, and 4) future development for the southwest quadrant. Alternative A - Construction of a signalized four -way intersection at Vernon Avenue /Link Road adjacent to the Biltmore site providing left turn lanes, elimination of the frontage roads, and bringing in Sherwood Road at a T- intersection onto Eden Avenue. Private redevelop- ment of the northeast quadrant (Bowling allwy, Cedrics, Regis) with mixed uses, either office, commercial or high density residential, with termination of access via the extention of Arcadia Avenue and access by means of the bridge across the railroad tracks. Construction of an above parking level, with City dry storage space below, to the rear of Jerry's shopping mall with access off the parking /cir- culation area north, of the mall. The School District bus garage, the car wash Minutes Edina Housing & Redevelopment Authority February 3, 1986 Page Two and the medical clinic would remain as is, with a reconfigured parking lot for the clinic and access from the new Link Road intersection. The southwest quadrant (Lewis Engineering, Kunz Oil) would remain in the light industrial catagory, i.e. office or office/ showroom, with access 'off Eden Avenue as well as by means of a cul -de -sac on Eden Circle. The area south of Eden Avenue and east of the railroad tracks is identified for private development of medium - density residential. Alternative B - Major changes from Alternative A are: 1) closing of Arcadia Avenue beyond the bridge to increase the northeast quadrant parcel to 5.1 acres, 2) addition of commercial retail between the existing Jerry's mall and the hardware store and two levels of parking to the rear, 3) office use for the School District bus garage and car wash sites, 1-4) southwest quadrant would change to medium - density residential creating in the range of 175 -210 multi - family units. Alternative C - .Combination of Alternatives A and B: 1) maintains the medium- density residential south of Eden Avenue, 2) small addition of retail /office onto the north of Jerry's mall, 3) School District bus garage and car wash remain in place. Mr. Hughes pointed out that all three alternatives entail the construction of the inter- section at Vernon /Link and present an agressive right of way acquisition. The Engineering Department has been asked to take a closer look at that right of way to determine if there are other options that could be pursued that would not involve such a large acquisition. With regard to the parking level over dry storage space for the City, staff has always viewed that as a joint venture between Jerry's and the HRA that probably would have a portion of the costs assessed against the benefitted property, but would principally be a public parking facility. Staff has spoken with several of the other property owners (Kunz and Lewis) who have indicated their willingness to look at different alternative uses for the property. Mr. Hughes added that the views of both BRW and staff are that Alternative C is the recommended alternative to pursue. .As to HRA action, staff would recommend concept approval and would then propose the following short term public projects priotorized as follows: 1) the parking facility /dry storage project, 2) the Link Road improvement and intersection, and 3) the multiple residential development south of Eden Avenue. Staff would bring to the HRA each project for a public hearing and explain in detail that portion to be specially assessed and that portion to be funded by way of a tax increment process. Mr. Hughes stated that a preliminary analysis has been made of the feasibility of these three short -term projects and that from a tax increment standpoint the cash flow is very good for the tax increment district. He noted that for the redevelopment south of Eden Avenue probably all the net tax increment that would come off the property would have to be devoted to acquisition and would rely on the entire multi - family project occuring in rapid progression. Following the Presentation of the Grandview Development Plan the Commissioners discussed the Plan and raised these issues and concerns: the role of the HRA in the redevelopment of the residential south of Eden, sidewalks along Vernon Avenue, taking of right of way for construction of the intersection at Link Road, redevelopment by the private sector, need for City storage space, housing versus office or light industrial redevelopment, public participation and School District future plans for their site. In response, Mr. Hughes suggested that staff prepare a report to bring to the HRA on February 24, 1986, that would show different alternatives as to public participation and other background information that may be helpful. No formal action was taken. 1� I le" i� Minutes Edina Housing & Redevelopment Authority February 3, 1986 Page Two The HRA meeting was then adjourned by motion of Commissioner by Commissioner Turner, at 8:40 p.m. , Got"ton L. Hughe—sT Executive Director MINUTES EDINA HOUSING.AND REDEVELOPMENT AUTHORITY MARCH 17, 1986 Answering rollcall were Commissioners Bredesen, Kelly, Richard's, Turner and Courtney. MINUTES of ?larch 3, 1986, were approved as submitted by motion of Commissioner Turner, seconded by Commissioner Kelly. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED ON CONCEPT OF ALTERNATIVE C FOR GRANDVIEW AREA. Affidavits of Notice were presented by Acting City'Clerk, approved and ordered placed on file. Mr: Hughes explained that the City of Edina, through.its Housing and Redevelopment' Authority, has undertaken a study to determine the feasibility of various public improvements and redevelopment activities within the Grandview commercial area. Among the improvements considered are the con- struction of a public parking facility adjoining Jerry's Foods, an upgrading of Link Road and the signalization of the Link Road /Vernon Avenue intersection, and the redevelopment of- industrial developments located south of Eden Avenue. The entire project started with the initial proposal to redevelop the Biltmore Motel property, and at that time, traffic concerns were cited by affected property owners, focusing primarily on the intersection of Eden Avenue, Vernon Avenue, West 53rd Street and Sherwood. Due to the unusual configuration of.that intersection, it presented a safety problem. At the same time, the City and Jerry's Foods had been undertaking some discussions concerning a joint venture that would deal with a public parking facility and Public Works facility located to the east of Jerry's shopping mall. The Council and HRA authorized the consulting firm of BRW to undertake a study of traffic aspects of the area; BRW completed its study in April of 1984. Recommendations were: 1) Closure of the existing Eden Avenue/ Vernon Avenue intersection; 2) Upgrading of Link Road; 3) Signalization of Link Road /Vernon intersection; 4) Widening of Vernon Avenue/ Interlachen intersection; 5) Modification of the existing off -ramps from Highway 100; and 6) An improved major entrance to Jerry's. Following that study, the Biltmore Motel project, which had been authorized and rezoned by the Council, floundered and did not proceed, and further redevelopment in the District did not happen for a period of about one year. The City then became aware of the interest on the part of several property, owners to pursue redevelopment in the area -- Jerry's Foods and the Regis Corporation which owned the old Cedric's building at Highway 100 and 50th Street as well as the Bell Realty building to the south of Cedric's and the Biltmore Bowling Alley. A preliminary commitment had been issued for a new senior citizen housing project containing approximately 28 units to be located on the west side of Summit Avenue. There was also some interest on the part of Lewis Engineering, south of Eden Avenue, to participate in redevelopment. The'City then re- authorized BRW in 1985 -to conduct a- land -use study, which was completed in the fall of 1985. Tax.increment projections for the District have been prepared by staff; these should be viewed as very preliminary in nature and should be refined if the Council wishes to pursue any of the Grandview projects. These projections are based on a bond issue of $4.5 million to support capital expenditures of approximately $4.3 million. From BRW's standpoint, Alternative C is the recommended alternative to pursue which has the following three major elements: 1) The construction of.a public parking facility containing approximately 270 spaces located east of Jerry's Foods and having as its'first level a Public Works .1 Minutes Edina Housing & Redevelopment Authority ;larch 17, 1986 Page Two facility accessible from the Brookside Avenue side of the parking ramp; 2)' The reconstruction of Link Road and the closure of the existing Eden /Vernon inter- section; and 3) The potential redevelopment of the Lewis Engineering/ Kunz Oil warehouse railroad property which is being contemplated for approximately 200 units of housing. The BRW alternative for the Link Road *improvement shows the possible taking of the Superamerica Station; an interim solution may be possible which would not necessitate the total taking of this station but could substantially affect access to that station. Mr. Alexander Ritter, an architect consulting with the Regis Corporation, explained that Regis is employed to take a look at the overall site which would include the three properties that Mr. Hughes outlined. Regis's interest is in looking at the parcel as a single parcel rather than being divided into two major pieces, and in looking at its long -term needs, Regis is interested in potential vacation of Arcadia and the street in front of the Biltmore. Mr. Ritter indicated that the site is very difficult to develop as it is segmented, but he is very pleased to see that the initial staff report does not see a problem in the potential vacation. Mr. Ritter remarked that they would be coming back in the fairly near future with detailed information about how they would intend to propose a site to be developed. Mr. Andy Rozentals, 5316 Windsor, asked for Mr. Hughes to further explain the developments as shown on the overhead. Mr. Hughes further explained that if the HRA wishes to pursue any or all of the public issues, more details would then be brought back for a project hearing. Commissioner Kelly asked if the proposed signal which would help seniors cross at the Biltmore was dependent on the reconfiguration of Eden Avenue /Link Road. Mr. Hughes stated that in order for signals to be installed on Vernon Avenue, which is a County road, certain warrants must be met as to the traffic volume. If the existing intersection of Eden /Vernon were maintained, not enough traffic would be diverted through Link to then justi_v the signal at Link /Vernon. This is not a matter of cost but rather a matter of traffic volume. C_mi issioner Kelly questioned waiting on the project until it can be done all at one time. Mr. Hughes indicated that from a land -use viewpoint, it would be advantageous to do as much as one could at the start, but from a tax - increment standpoint, it might be more advantageous to spread the projects out a little more. Commissioner Kelly questioned the $350,000 other income on the finance sheet, and Mr. Hughes explained that it is the anticipated sale of the Lewis /Kunz site to a developer for housing. Mr. Richard Rosch, 5248 Richwood Drive, expressed a concern with the road building as to it not being the immediate priority; he felt that the parking ramp going in first would make the traffic situation even worse. Mr. Hughes agreed that adding more development to Grandview would make the Eden /Vernon intersection more traveled. Mr. Hoffman indicated that in 1987 a traffic.signal.to allow seniors to cross Vernon would be under consideration. Leon Schmieg of Typhoon Car Wash questioned the upgrading of the entrance to Jerry's. Mr. Hughes explained that based on conversations with the ('-linty, it may be difficult to justify signalization at that location. Mr. Hoffman Ucated that as long as signal,warrants are not met at Jerry's main intersect= , the County did not justify the closing off the other end of Jerry's entranceiexit, which would help getting into the Typhoon Car Wash. Mr. Schmieg also questioned whether the frontage road by Supefamerica and the doctor's building would be left intact. Mr. Hughes commented that if Superamerica were to stay in place, the frontage road would be maintained, but it would have to be terminated before it would intersect with Link Road. Mr. Hoffman indicated that there would be proposed a change of driveway access location so that it would be on an angle. Commissioner Turner offered support of the signalization of the Link r Minutes Edina Housing & Redevelopment Authority March 17, 1986 Page Three intersection with the interim design rather than the complete taking of Super - america, and supporting the closing off of the Eden /Vernon intersection. She also supported the ramp City- storage facility concept, but with less increment and more special assessments to finance the structure. Commissioner Turner could not find justification for the City taking the initiative in regard to the Lewis site. Commissioner Kelly supported the parking ramp concept and the signalization of the Link intersection, but she is not convinced that the best use on the Kunz property is residential but that there is good potential there for,commercial uses as well. Commissioner Richards pointed out that the City seemed to be going ahead prematurely in building something that may be sited later in a better locale and that it is being done in a piecemeal fashion. Commissioner Bredesen shared Commissioner Richards' opinion. There being no further discussion, Commissioner Turner made a motion to approve the concept of the Link Road improvement as well as the ramp /City storage facility; the motion was seconded.by Commissioner Kelly. Rollcall: Ayes: Kelly, Turner, Courtney Nays: Bredesen, Richards Motion carried. BID AWARDED FOR CONDOMINIUM DRAINAGE AT EDINBOROUGH. Mr. Rosland presented the tabulation of bids for condominium drainage at Edinborough as follows: Name of Bidder Wenzel Mechanical - Northern Plumbing Northland Mechanical Total Bid $10,085 10,100 14,500 It is recommended that the bid be awarded to the low bidder, Wenzel Mechanical, at $10,085. With no further discussion, Commissioner Kelly moved award of the bid to the recommended low bidder, Wenzel Mechanical,,at $10,085; the motion was seconded by Commissioner Bredesen. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. RESOLUTION ADOPTED AUTHORIZING JOHN WALLIN TO REPLACE JERRY DALEN ON THE FIRST EDINA CHECKING ACCOUNT. Commissioner Kelly introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina Housing and Redevelopment Authority (HRA) that the First Edina National Bank is hereby designated as a depository of the HRA and that a checking account be opened and maintained, in the name of the HRA with said Bank,'subject to the rules and regulations established from time to time by said Bank. That any two of the following, to -wit: C. Wayne Courtney Chairman NAME TITLE NAME TITLE John Wallin NAME TITLE NAME TITLE Gorrinn H112}1P4 Fwarntivo NAME Dirprror TITLE NAME TITLE Kenneth Rosland Director NAME TITLE NAME TITLE MINUTES EDINA HOUSING AND REDEVELOPMENT AUTHORITY JULY 7, 1986 Answering rollcall were Commissioners Bredesen, Kelly, Richards, Turner and Courtney. MINUTES of the HRA Meeting of June 16, 1986 were approved as submitted by motion of Commissioner Turner, seconded by Commissioner Kelly. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. AGREEMENT BETWEEN HRA EAST EDINA HOUSING FOUNDATION AND WOODHAVEN RATIFIED. Attorney Tom Erickson advised that_ the-Edina Housing- - and - Redevelopment - Authority- acting through its Chairman and Assistant Secretary has entered into an Agreement dated June 19, 1986 between the HRA, East-Edina Housing Foundation and Woodhaven Non - Profit Housing Corporation whereby'$ 207, 000 of Community Development Block Grant funds will be made available to Woodhaven for a 29 -unit rental apartment project for low and moderate income lessees. The execution of the agreement should now be ratified and affirmed. Commissioner Turner introduced the following resolution and moved its adoption: RESOLUTION. RATIFYING AND AFFIRMING THE EXECUTION OF DOCUMENTS BE IT RESOLVED by the Board of Commissioners. of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. Recitals. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, sub- division 15, designated as the Grandview Area Redevelopment Plan (the "Plan "). Acting pursuant to the Plan, the HRA, acting by its Chairman and Assistant Secretary, has entered into an Agreement (. "Agreement ") dated June 19, 1986, between the BRA, East Edina Housing Foundation and Woodhaven Non- Profit Housing Corporation ( "Woodhaven ") , whereby $207,000.00 of Community Development Block Grant funds will be made available to Woodhaven for a 29 -unit rental apartment project for low and moderate income lessees on property in the Plan area. 2. Ratification of Execution and Delivery of Agreement. The execution and delivery of the Agreement, and any and all other documents executed and delivered in connection therewith by the Chairman and Assistant Secretary of the HRA, is hereby ratified and affirmed. Attest: airman Executive Director t The motion for the adopti n of the foregoing resolution was duly seconded by Commissioner Bredesen, and upon vote being taken thereon, the following voted in favor thereof: Bredesen, Kelly, Richards, Turner, Courtney and the following voted against the same: None whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. BID AWARDED FOR PHASE III COURTYARD DRAINAGE - EDINBOROUGH. Mr. Rosland presented tabulation of bids for courtyard drains for the Phase III Condominiums of the Edinborough Project showing Wenzel. Mechanical at $11,400.00 and Blaylock Plumbing H.R.A. /Council Minutes of 7/21/86 Page Two Dated as of the 21st day of July, 1986. Attest: Chairman Executive Director The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Bredesen, and upon vote being taken thereon the following voted in favor thereof: Bredesen, Kelly, Turner, Courtney and the following voted against the same: None whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. JOINT HRA /COUNCIL MEETING CONVENED. Mr. Hughes proposed that a joint meeting of the HRA and Council be convened to consider concurrently the Grandview Redevelopment Project and the Final Develop- ment Plan -for Jerry's Shopping Center and that action be taken by the HRA and the Council individually as required. Mayor Courtney thereupon convened the joint meeting of the HRA and the Council. GRANDVIEW REDEVELOPMENT PROJECT AND FINAL DEVELOPMENT PLAN FOR JERRY's SHOPPING CENTER APPROVED. Affidavits of Notice were presented by the Clerk, approved and ordered placed on file. Mr. Hughes recalled that on February 3 and 24 and March 17, 1986, the HRA reviewed concept plans concerning the Grandview redevelopment area. Three projects were discussed in those meetings: 1) a public parking ramp /Public Works facility east of Jerry's Shopping Center, 2) an upgrading of Link Road and' 3) a redevelopment of the Lewis Engineering/ Kunz Oil properties. At that time the HRA gave conceptual approval to the parking ramp /Public Works facility and the upgrading of Link Road with the understanding that staff would return with more detailed information prior to final approval. Since the March 17, 1986 meet- ing staff, consultants for the City and representatives of Jerry's Enterprises have worked together to formulate plans for Jerry's expansion as well as for the public parking ramp /Public Works facility. That plan with regard to Jerry's proposed approximate 40,000 square foot addition has been reviewed by the Develop- ment and Planning Commission and was approved at their last meeting. Planner Craig Larsen advised that the proponent has submitted plans for a 3,650 square foot addition to the hardware atore and d-a 37,475 square foot addition to the main complex. The addition would extend the existing building 60 feet to the north, or to the approximate location of the existing retaining wall. A portion of the expansion would be five stories with the remaining being additions to the existing second,story office space. The first floor is proposed as retail space, the second floor as a combination of office and retail, with exclusive office use on the top three floors. Mr. Larson pointed out that the proposed additions require 206 additional parking spaces. The parking would be provided in'a new, two level public parking ramp. The ramp would use air rights and be located above a Public Works storage facility. The lower level would be accessed from the Vernon/ Interlachen signalized intersection around the rear of the Edina Liquor Store and the upper level would be accessed from the existing main entrance to the shopping center. The ramp would provide 272 parking spaces, with the 66 surplus spaces in the ramp replacing 36 surface spaces lost due to construction and redesign of existing parking and would provide a 30 space cushion to relieve existing shortages. A more recent count from the consultant has increased the count to 280 ramp park- ing spaces. Additional landscaping would be provided where possible within the H.R.A. /Council Niinutes of 7/21/86 Page Three limitations of the site and Hennepin County's willingness to allow landscaping on right of way areas. The parking ramp would primarily serve employees of Jerry's and tenants of the office space. Grocery, restaurant and general retail parking would continue to use the surface parking. The parking area in front of the main complex would be regraded, surfaced and reoriented 90 degrees from the present alignment. The northerly end of the lot near the main entrance would be lowered approximately eight feet. A retaining wall would be installed adjacent to the Vernon Avenue right of way. The subject property is part of the Grandview Area Tax Increment District. A public parking ramp designed to serve the commercial uses in the area was anticipated by the Grandview Plan. As proposed the two level ramp would occupy the air rights above the existing Public Works storage buildings which would be removed and the ground level would become the new storage facility. Mr. Larsen concluded that the proposed plan will significantly improve the way the Center functions. The total quantity of parking should be adequate and circulation within the lots will be greatly improved. The construction of the ramp is the key to this proposal. No expansion is possible without the additional parking provided in the ramp. Member Kelly asked what the ordinance requirements were and said that she was concerned that employees will use the surface parking spaces and that the parking problems that now exist will not be solved. Mr. Larsen explained that the ordinance requires 5 spaces per 1,000 square feet for shopping centers and that in excess of 600 spaces will be provided by surface and ramp parking. The intent would be to operate the ramp similarly to the ramp at 50th /France whereby parking stickers would be available for employees working in the area. In response to Member Kelly's questions about the parking, Arthur Dickey, architect for the project, clarified that there are now 403 existing spaces in the shopping center complex; that 280 will be added for a total of 683; that 36 surface spaces will be lost; and that after construction there will be 647 parking spaces for the entire site. He said that congestion will be eliminated because the surface parking area will be regraded on a level plain and the main entrance will be re -done. Member Turner asked if the ramp would be expandable and if there would be a way to control the mix of traffic at the signalized intersection of Vernon /Interlachen which she felt would be important. Mr. Larsen responded that possible ramp expansion has not been considered at this point. With regard to traffic control, Engineer Fran Hoffman said that the approach to the signal from the subject property would have to be reconfigured in total with the addition of islands to make it work better. Mr. Hughes then presented the following details and estimated cost for the parking ramp /Public Works facility: Number of tiers -two tiers above Public Works facility, Number of Parking Spaces -280, Floor Area of Public Works Building- 27,600 square feet. Preliminary- Cost Estimate: Demolition $50,000, Ramp $1,336,900, Garage $430,200, Design /Inspection $130,000, Contingency $137,000 for a total cost estimate of $2,084,100. The estimated cost for the Public Works garage is based upon a heated facility equipped with restrooms. This estimate would be reduced by approximately $100,000 if heat and restrooms were eliminated. Mr. Hughes pointed out that Mr. Dickey had estimated that it would cost approximately $175,000 more to construct a free standing building with the same floor area without taking advantage of the structural elements of the ramp. Mr. Hughes commented that staff has been talking with Robert..Shaddock, representing Jerry's Enterprises, concerning a redevelopment contract with the HRA. The major element of this contract would be an acceptance by Jerry's Enterprises of a special assessment equal to 20% of construction costs of the parking ramp. Based upon the estimates this assessment would range from approximately $265,000 to $300,000 depending upon the allocation Of costs. Staff would propose that this special assessment be used to defray costs of the Public Works garage together with the capital improvement funds budgeted to construct the garage. Other elements of the contract would include H.R.A. /Council Minutes of 7/21/86 Page Four an obligation for Jerry's Enterprises to undertake and complete the proposed private improvements to the shopping center and to accept an annual assessment for ramp maintenance similar to that used at 50th and France. From a tax increment financing standpoint, Mr. Hughes stated that an analysis shows that the tax increment district would be able to amoritize bonds issued for con- struction of the Public Works facility. The assumptions used for the analysis were a 2% growth in general in the assessed valuation of the district, plus the valuation of Jerry's addition that is being considered, plus the construct- ion of the Woodhaven project on Summit Avenue. At this point in time, any increments which may be forthcoming from the Biltmore redevelopment have been ignored. As to funding of the Public Works garage, Mr. Hughes summarized that $300,000 would come from the City's capital improvement plan (i.e. $75,000 per year). Staff would propose to revise the C.I.P. to fund the garage in 1987 and 1988. These funds, plus the proposed assessment to Jerry's would provide the necessary funds for construction of the garage. If the HRA /Council wishes to proceed with this project, the following actions will be required: 1) Council should grant final development plan approval for Jerry's proposed improvements; 2) A redevelopment contract embodying the terms of the proposed project must be authorized by the_HRA; 3) Staff should be authorized to prepare final plans and solicit .bids for the ramp /Public Works garage, and 4) A bond sale must be authorized to finance the parking ramp. As to the bond sale, Mr. Hughes noted that the sale of additional bonds for Edinborough as well as temporary improvement bonds are proposed later on this agenda. If the HRA /Council wishes to proceed with this project, it would be prudent to authorize Grandview bonds at the same time. Staff would recommend that $2,000,000 be provided. for Grandview which should cover the parking ramp as well as Link Road improvements in connection with the anticipated Biltmore project. Member Bredesen asked what tax increment would come from Jerry's addition and what the logic was for including the Woodhaven project in the tax increment assumptions. Mr. Hughes said that the addition would have an assessed value of approximately $800,000 which would equate to taxes of about $80,000 annually, assuming a mill rate of 10 %. For purposes of the analysis it was assumed that the entire tax increment district would be pledged to any debt that would be incurred by the district. Member Turner asked if there would be tax increment funds to do the Link Road project if this project is approved. Mr. Hughes replied that staff has always viewed the Link,Road project as tied to the Biltmore redevelopment, both from a planning and tax increment standpoint. If the Link Road improvement can be constructed with minimal expenses for land acquisition there would probably be enough tax increment generated to do that project. If large land acquisition is necessary, the Link Road project would have to rely on the Biltmore redevelopment. After further discussion by the Council, Mayor Courtney called for comment from the public. A resident at 6620 Gleason Road commented that she was concerned that the proposed addition to Jerry's would increase the parking congestion. A resident at 6616 Gleason commented that she would like.to see the shopping center remain the way it is at present. No further comment being heard, Member Bredesen introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL DEVELOPMENT PLAN FOR JERRY'S SHOPPING CENTER BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Jerry's Shopping Center, 5001 -5125 Vernon Avenue, presented at the regular meeting of the City Council of July 21, 1986, be and is hereby approved. Motion for adoption of the resolution was seconded by Member Turner who commented that her support of the project was based on: 1) That it would address the traffic and parking concerns in the area which were identified when the Tax Increment H.R.A. /Council �[inutes of 7/21/86 Page Five District was established in 1984, 2) That this was an opportunity for a public - private-partnership in construction of the ramp, and 3) That because this is the commercial area for the northwestern portion of the City it is important that continued investment occurs to insure quality for the area. Rollcall: Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. Commissioner Bredesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REDEVELOPMENT CONTRACT BE IT RESOLVED by the Edina Housing and Redevelopment Authority (HRA) that it hereby authorizes and directs the drafting of a Redevelopment Contract between the HRA and Jerry's Enterprises for construction of the addition to Jerry's Shopping Center, embodying the terms of the proposed project as presented.. Motion for adoption 'of the resolution was seconded by Commissioner Turner. Rollcall: Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. Commissioner Bredesen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECT AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED BY THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY: 1. The preliminary plans for a public parking ramp and public works garage heretofore presented are hereby approved and preparation of final plans are authorized: 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin a notice of bids for construction of the public parking ramp and public works garage. Motion for adoption of the resolution was seconded by Commissioner Turner. Rollcall: Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. Member Bredesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING BOND SALE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby approves and authorizes the sale of $2,000,000 General Obligation Tax Increment Bonds to finance the Grandview Redevelopment Project heretofore presented and approved. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Turner, Courtney Nays: Kelly Resolution adopted. Commissioner /Member Bredesen then moved adjournment of the joint.HRA /Council meeting. Motion was seconded by Commissioner /Member Turner and carried unanimously. There being no further business on the HRA Agenda, Courtney rn, the meeting. �i � _ey � Executive Direct 9/15/86 RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR KIDD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Kidd Addition ", platted by Robert J. Kidd, and presented at the regular meeting of the City Council of September 15, 1986, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. PID PLANNED INDUSTRIAL. DISTRICT TO PRD -4 PLANNED RESIDENCE DISTRICT ZONING REQUEST REFERRED TO STAFF FOR REFINEMENT OF PROJECT PROPOSED BY KNUTSON VENTURES. Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen advised that the subject property is located south of Eden Avenue and west of the Soo Line Railroad track and is located within the Grandview Area Tax Increment District. The properties involved include the Lewis Engineering site, ~' the'Kunz Oil warehouse, and the Soo Line Railroad property which is currently \�✓�� vacant. The total area of the site is approximately 6.8 acres. The Grandview Area Tax Increment Plan identifies the subject area as blighted and recommends that the current uses be removed and that the area be redeveloped. The Plan did not, however, suggest the most appropriate land use for redevelopment. The Edina Housing and Redevelopment Authority (HRA) = ommissioned BRW to conduct a land use study and make recommendations for the entire district. With respect to the subject parcel, the study recommended high density residential as the most appro- priate use and suggested,a redevelopment with between 140 and 210 dwelling units. Mr. Larsen stated that Knutson Ventures has submitted a request to rezone the property PRD -4 to allow construction of a 4- story, 210 unit apartment complex. The complex would include 263 underbuilding parking spaces and 157 surface spaces. The proposed parking is in conformance with Ordinance requirements. The formal or guest entrance to the project is located off of Eden Avenue with tenant entrances to underbuilding parking proposed off of Eden Circle. A substantial effort will be made to screen the perimeter of the site, especially along the east and north sides. The proponents have proposed that the HRA acquire the property and make it available to them for redevelopment. Due to the high cost of acquisition and clearance a request for some form of assistance or write -down is anticipated. Staff believes that the proposed redevelopment concent complies with BRW's recom- mendations on land use. The proposal would also remove the blighting influences referenced in the Grandview Area Redevelopment Plan. Mr. Larsen pointed out that the key to the redevelopment is the willingness of the -HRA to participate in the acquisition and redevelopment. The proposal was heard by the Community Develop- ment and Planning Commission at its meeting of September 3, 1986. The Commission members agreed that the property should be redeveloped, that redevelopment for housing was appropriate and recommended concept approval. The Commission members did not express an opinion with respect to the proposed financing of this project and HRA participation. William Schatzlein, Knutson Development Company, stated that the project would be developed for Knutson Company to own and operate and that he had met with Peter Jarvis of BRW to discuss the site. They had agreed that housing would be the best use for the property and that this would be an excellent multi - family housing site with access to a major highway. They felt there is a need for additional rental housing in Edina for those residents who want to say in the City but do not want home ownership. Mr. Schatzlein presented graphics of the proposed development, pointing out the proposed siting of the building which would create its own neighborhood and the amenities of each level of the four story building. If the Council gives concept approval of the projec`, Mr. Schatzlein said Knutson Development would then work with staff to see how the HRA could participate to make the project work. Sara Laird, Eden Avenue, expressed a concern about the additional traffic that would be generated by the project. Member Richards commented that it would be premature to judge if the HRA should be involved; that he would urge the developer to meet with the neighbors to the south and west to explain the project and get their viewpoints on it; that he would hope the project would not be done on a piecemeal basis and that he had a positive reaction to what is proposed. Member Kelly said she was concerned about the density of the entire area involving development in proximity to Vernon Avenue; that the character of the neighborhood will be changed and that the impact of each project should.be seen before commiting to another. Member Turner commented that she agreed with the land use and the multi - family housing concept but was reluctant about financial participation by the City and did not see the rationale or goals for City participation. Mayor Courtney stated he also was hesitant about City participation in the project and that the Council would need to have more details. Member Bredesen made a motion to send the matter to back to staff for further work with the Knutson Company on details of'the proposed project. Motion was seconded by Member Kelly. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. MINUTES OF THE JOINT MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY /CITY COUNCIL DECEMBER 15, 1986 A joint meeting of the Edina Housing and Redevelopment Authority and the City Council was convened to consider concurrently the Grandview Redevelopment Project consisting,of a public parking ramp and public works garage. Action was taken by the HRA and the Council individually as required. Answering rollcall were Commissioners /Members Bredesen, Kelly, Richards, Turner and Courtney. MINUTES of the H.R.A. Meetings of November 17 and December 1, 1986 were approved as submitted by motion of Commissioner Turner, seconded by Commissioner.Kelly. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. GRANDVIEW REDEVELOPMENT CONTRACT (JERRY'S ENTERPRISES INC.) APPROVED AND EXECUTION AUTHORIZED: RESOLUTIONS ADOPTED AUTHORIZING SALE OF LAND TO HRA, AUTHORIZING EXECUTION OF VARIOUS DOCUMENTS AND THE PURCHASE OF PROPERTY BY THE HRA, AND ORDERING IMPROVEMENT DESIGNATED AS PUBLIC WORKS GARAGE. Executive Director Gordon Hughes recalled that the HRA and the City Council have considered the Grandview Parking Ramp /Public Works Garage project on several occasions during 1986. On July 21, 1986, the HRA and Council adopted four resolutions which 1) approved final zoning plans for Jerry's Shopping Center improvements, 2) authorized drafting of a redevelopment contract with Jerry's, 3) authorized final plans and bids for the parking ramp and public works garage, and 4) authorized the sale of $2,000,000 of tax increment bonds to finance the, project. Since that meeting the City has undertaken the $2,000,000 bond sale and has prepared final plans and specifications for the ramp /garage. Bids are scheduled for opening on December 23. A redevelopment contract with Jerry's Enterprises has also been negotiated which follows the terms outlined on July 21. Mr. Hughes presented the specifics for the project as follows: 1) a public parking facility containing 270 parking spaces, and 2) a public works garage underneath containing 27,200 square feet of floor area. Estimated cost of the project is $1,521,650 for the ramp and $515,350 for the garage for a total cost of $2,037,000. Financing for the ramp portion would be paid exclusively by tax increment bonds that have been issued. The garage portion would be paid for through 1) a special assessment against various properties in the amount of 20% of the estimated cost of the ramp (approximately $300,005) and 2) the balance of the cost of the garage would come from the capital improvement budget which at present has $300,000 budget for the garage. Action also proposed is that the City convey the property that the Danens building presently sits on to the HRA for a price of $100,000. It is anticipated that the HRA would then be the development entity of the ramp and the garage. As to the redevelopment contract, Mr. Hughes pointed out the following major elements: 1) Jerry's Enterprises, Inc. will undertake a 43.,000 square foot expansion to their existing facility, 2) the HRA will agree to con- struct the ramp and the garage contingent upon receipt of construction bids for the estimated price and evidence of construction financing by Jerry's, 3) Jerry's will pay a special assessment equal to 20% of the parking ramp cost proposed to be a 15 year assessment at 8.3% interest. (These terms are the same as the assessment levied for the 50th and France Commercial District for their'parking facilities.) Jerry's will provide day to day maintenance, i.e. snow removal, etc., and-can be assessed the cost of such maintenance and repairs if it fails to perform. Jerry's and the BRA will enter into an Assessment Agreement, to be placed of record,'whereby Jerry's agrees that, for tax purposes, the Jerry's parcel will have a specified minimum assessed market value in order to guarantee a minimum . tax increment of $80,000 annually. Mr. Hughes concluded that the following action by the HRA /City is recommended: 1) The HRA should authorize execution of the Redevelopment Contract, 2)- The HRA should authorize purchase of the H.R.A. /Council Minutes of 12/15/86 Page Two parking ramp /public works garage land from the City, 3) the City Council should authorize the sale of the land to the HRA, and 4) The City Council should formally order the public works 'garage as an improvement as a portion of =ts costs will be financed through special assessments. No comments or objections being heard, Commissioner Turner introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS AND THE PURCHASE OF PROPERTY BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. Recitals. The HRA and the Edina City Council have previously approved and amended, a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, designated as the Grandview Area Redevelopment Plan (which plan, as amended, is herein called the "Plan "). Acting pursuant to and in fullfill- ment of the Plan the HRA proposes to enter into a Contract for Private Redevelop- ment (the "Contract ") with Jerry's Enterprises, Inc., a Minnesota corporation for the development of certain land described and located within the Grandview Area. Also, pursuant to and in fulfillment of the Plan and the Contract the HRA proposes to construct a public parking ramp %and,a building /garage on certain property ( "City Property ").to be acquired from the City of Edina ( "City ") for the price of $100,000, and - described as follows: Lots 7, 8, 9 and 10, Block 3, "Grandview Heights" according to the recorded plat thereof, Hennepin County, Minnesota.. 2. Authorization for Execution and Delivery of Documents and Acquisition of City Property. The terms and provisions of the Contract and all agreements contained therein or made a part thereof, are hereby approved subject to such modifications as are deemed appropriate and approved by the attorney for the HRA and the Executive Director of the HRA, which approval shall be conclusively evidenced by the execution of such documents by the Chairman and Secretary or Assistant Secretary of the HRA. The purchase of the City Property for the price of $100,000 is also approved. The Chairman and Secretary or Assistant Secretary of the HRA are authorized and directed to execute the Contract, all such other agreements, and to acquire the City Property for the purchase price of $100,000.00, and to execute all documents necessary therefor. The Chairman and Secretary or Assistant Secretary of the HRA are also authorized and directed to execute such other instruments as may be required to accomplish the transaction contemplated by the Contract and such other agreements including, but not limited to, any amendments or supplements to the Contract and such other agreements as may be necessary to accomplish the transactions contemplated by the Contract, as amended, and to accomplish purchase of the City Property. The execution of such documents and of any such amendments, supplements or agreements by the Chairman and the Secretary or Assistant Secretary of the HRA shall be conclusive evidence of the approval of such documents by the HRA in accordance with this Resolution. Dated the 15th day of December, 1986. Attest: Ch 'rman 7 i nExecutivd mo for The motion for th4/adoption.of the foregoing resolution was duly seconded by Commissioner Kelly, and upon vote being taken thereon, the following voted in favor thereof: Bredesen, Kelly,. Richards, Turner, Courtney and the following voted against the same: None whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. 5/18/87 420 The building which will be added will be a contemporary building, located to the south, and eventually the existing building will be either re -clad or replaced. Mr. Ritter then presented graphics showing the proposed location of the new building, the elevations and the landscaping. He indicated that Christopher Fox, Vice President of Regis, was present to answer any questions relating to the corporation. Mr. Ritter presented a letter addressed to the Council from representatives of the Pantry Restaurants, Inc. and the Eden 100 Building expressing their interest and concern about the vacating of Arcadia Avenue and its impact on the access to their properties. Member Smith asked for a clarification on when the bowling alley might be removed. Mr. Ritter said the use of the bowling alley would continue until such time as parking may become a problem. He said that Regis is committed to change the use of the bowling alley, or eliminate it at that point in time should additional parking be required. Their intent is to the develop the site as the Regis corporate headquarters and the bowling alley is simply.a holding transaction. The building to be demolished in Phase I is the small building located to the south between the existing Regis office building and the Pantry Restaurant. The initial new construction would be entirely on the east side of Arcadia. Member Richards asked Mr. Ritter to respond to the comments in the letter from representatives of the Pantry restaurant and the Eden 100 Building. Mr. Ritter said he had not talked to 'them and that they were not familiar with the implication of what would happen to their properties if the north portion of Arcadia Avenue were vacated. He said it was their feeling, and the report done by BRW supports it, that ingress /egress right off Vernon Avenue is not a great advantage. The vacating of Arcadia would funnel traffic back to the signalized intersection at Interlachen Boulevard/Vernon Avenue which they feel will be beneficial. Member Richards asked what the timing is on the project. Mr. Ritter said they would like to begin construction in early fall and, assuming the Council approves the plan, they are in position to move a head immediately on working documents. Member Richards asked if there was any problem in continuing this matter to the next meeting so as to allow the Pantry and Eden 100 Building people time to familiarize themselves with the proposed project. Chris Fox, Vice President of Real Estate for Regis, said they have not had an opportunity to speak with the owners of the Pantry Restaurant and that they had not attended the Planning Commission hearing. He said they do have a concern and that it has to do with free access, that traffic would be allowed to flow from Arcadia Avenue across the unnamed bowling alley street and back to Vernon Avenue. He added that although a delay would not be critical that they are "bulging at the seams" and would like to proceed. Attorney Erickson said that a condition to the proposed project is the vacation of the street. That process requires two week's published notice which makes it doubtful for the first meeting in June. The approval of the final development plan and the vacation of Arcadia are tied together and should be considered at the same time. Member Smith asked why the building is crowded to the easterly side of the property thus requiring setback variances. Mr. Fox said the building was moved easterly to satisfy some parking requirements on the west side of the site. He explained that the existing grade along the 5075 Arcadia building drops off to the north and that the space cannot be utilized. There are some retaining walls against the entry ramp to T.H. 100 and other existing physical conditions that they felt would not compromise the interest of any other owners in requesting the variance. be utilized. The building was therefore moved in that direction to provide the maximum amount of parking on the west side of the site. Member Smith asked when the bowling alley might come down. Mr. Fox responded that the proposed building would allow at least five years of growth. If they made a major acquisition or something were changed the process may have to be accelerated. He said all the tenants in the bowling'alley are on short term leases so as to provide flexibility. Member Smith asked if they intended to remove the existing office building sometime in the future. Mr. Fox said the existing building is very good from an office use point of view, although architecturally they are not satisfied with its exterior. He said they have not made a decision as to removing it or expanding in another direction and that they wanted to keep their options open. Member Smith moved to continue the public hearing on Final Development Plan for Regis Corporation to the meeting of June 15, 1987 and introduced the following resolution, moving adoption: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENT FOR STREET PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that the following described easement for street purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: DESCRIPTION OF PORTION OF ARCADIA AVENUE TO BE VACATED That part of Arcadia Avenue as dedicated in the recorded plat of Tingdale Bros' Brookside according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of a line drawn from a point on a line run parallel with and distant 20 feet southerly of the north line of Lot 1, Block 8, said Tingdale Bros' Brookside distant 15 feet west of its intersection with the east line of said Lot 1, to a point on the north line of Lot 17, Block 7, said Tingdale Bros' Brookside, distant 25 feet east of the northwest corner of said Lot 17, Block 7, and lying northerly of of the easterly extension of the north line of the roadway easement across 5/18/87 419 be attached to the Bloomington site and the Bloomington land east of Nine Mile Creek would be attached to the Edina site. Mr. Larsen pointed out that the new building would be constructed on the Bloomington side. Outlot A would be used for a driveway and possibly some parking. The owner will give the City a conservation easement over Outlot A to prevent attempts to develop the site independently in the future. The request was considered by the Community Development and Planning Commission at its meeting of April 29, 1987 and recommended approval, subject to staff conditions. No comment or objection being heard, Member Smith introduced the following resolution and moved its adoption, subject to 1) Final Plat Approval, and 2) An executed and recorded conservation easement: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR UTFC ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "UTFC ADDITION', platted by Cherne Contracting Corporation and presented at the regular meeting of the City Council of May 18, 1987 be and is hereby granted preliminary plat. approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Richards, Smith, Turner, Courtney Resolution adopted. PUBLIC HEARING ON FINAL DEVELOPMENT PLAN FOR REGIS CORPORATION CONTINUED TO 6/15/87: HEARING DATE SET FOR VACATION OF ARCADIA AVENUE. Affidavits of notice were presented by Clerk, approved and ordered placed on file. Planner Larsen co advised that the subject property is located south of Vernon Avenue/West 50th Street and is split by Arcadia Avenue and that the request is for construction of a new office building. Regis Corporation has its corporate headquarters at 5000 Normandale. They own the one -story office building at 5075 Arcadia and the CO Biltmore Bowl at 5113 W. 50th Street. Their stated intent is to redevelop this Q 4.2 acre site as their new corporate headquarters. Redevelopment would occur as their space needs increase. The Final Development Plan under consideration is for Phase I of the redevelopment. Phase I calls' for the demolition of the 4,100 square foot building at 5075 Arcadia and the construction of a new 3 -story building containing a gross floor area of 23,765 square feet. The new building will be connected to their existing building. Total office area will be 41,265 square feet. The Zoning Ordinance requires 206 parking spaces for a building of this size. Regis is proposing 137 spaces and projecting 167 employees. This parking count does not include the 86 spaces provided for the bowling alley. In support of the request for a variance on the parking quantity, Regis is proposing a proof of parking agreement to solve any future parking shortages. Mr. Larsen said that office buildings are required to provide a 20 foot side yard setback. Portions of the lower walk -out level encroach into this setback. Also, because of the building height the northeast and southeast corners of the upper level fail to provide the required setbacks. Exterior materials for the new building will be glass curtain wall and stone trim and would comply with ordinance standards. The exterior treatment of the existing building would remain unchanged. Regis has indicated that in approximately five years they will either tear down the existing building or re -skin the building to meet ordinance requirements. They are asking for a temporary variance on the exterior materials for the existing building. Mr. Larsen pointed out that Arcadia Avenue splits the site from north to south. The proposal assumes the vacation of the northerly leg of Arcadia and its incorporation into the Regis site. This proposed vacation is consistent with recommendations made by BRW in the land use study they made of the Grandview Area. Staff does not expect parking shortages but should they develop the proof of parking agreement will insure adequate parking for the proposed use. The bowling alley is complimentary to the office use and the spaces can be effectively shared. Mr. Larsen noted that the building setback variance is at the least obtrusive portion of the site. It also allows for a more efficient parking arrangement. Due to the elevation of the site, the building will be very prominent when viewed from the east. The proposed landscaping is excellent but some existing landscaping is substandard. Trees missing from the front of the bowling alley should be replaced and the northeast parking area should be screened. Staff would recommend plan approval with the following conditions: 1) staff approval of a revised landscaping plan, 2) recorded Proof of Parking Agreement, 3) vacation of Arcadia right of way, and 4) temporary variance of exterior materials. Mr.' Larsen concluded that at its meeting of April 29, 1987 the Community Development and Planning Commission unanimously recommended approval, subject to staff conditions. Sandy Ritter, architect for the project, stated that this would be the first phase of a corporate site that Regis Corporation intends to develop for their own use and to expand as needed. He said that Regis Corporation has grown rapidly over the past four to five years and anticipate further growth. Phase I is the smallest size building they felt was economic to build at this point in time. Initially Regis would probably occupy 10,000 to 12,000 square feet of the building, fill up the space as they grow and at some point in the future look to additional expansion. Mr. Ritter said that one of the issues for the site is that the original building was a restaurant, then was a retail space and has now become their corporate office. They have spent considerable time and money in developing a first class space in the interior, but the building still retains the heritage of a ranch house facility. 6/15/87 440 there are two things the hospital is willing to do regarding maintenance: 1) they will replace all the grass area between The Colony's parking lot and the ramp, will put in an irrigation system in the entire area and maintain all of that area if The Colony so desires and signs a legal document giving the hospital that right, or 2) the hospital is willing to hire the maintenance people used by The Colony to maintain the hospital's green area adjacent to The Colony. Phillip Smith, President of Colony of Edina Condominium Association, said that, although the revised plan cuts off the northerly 55 feet of the ramp, the residents will still be looking at close to a 600 foot parking ramp. He said t:-_= the landscaping appears to offer The Colony some protection but that he was not certain that the ramp facing will make it look like anything other than a parking ramp. As to maintenance of the green area, Mr. Smith said The Colony had no objections to maintaining it as suggested by the hospital and would prefer to do so as to date the hospital has not maintained their side. Mr. Smith then asked if parking rajups are allowed in Regional Medical District zonin responded that parking ramps would be an allowed accessory in RMDrzonarsen Mr. Smith concluded his remarks by saying that their major concern is the long ramp that will impact The Colony. Alvin Krulik, 6401 Colony Wa concerns and objections to the proposal as follows: 1) increased �trafficlzed his congestion, 2) reduction of quality of life for The Colony residents, 3) no need for the medical office building at this site, 4) security problems, 5) visual impact, 6) increased pollutants from additional heating, 7) electronics interference, and 8) impact of the parking ramp. He concluded by asking why allow overbuilding on this site when it reflects so unfavorably on the adjacent residents and urged that the proposal be turned down. No further public comment was made. Member Kelly then introduced the following resolution and moved its adoption, conditioned on: 1) landscaping as proposed including berming and irrigation, and 2) that the hospital enter into an assessment agreement ensuring financial participation in future street and traffic control improvements required on West 65th Street, based on traffic generation: RESOLUTION APPROVING FINAL DEVELOPMENT PLAN FOR FAIRVIEW SOUTHDALE HOSPITAL BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Fairview Southdale Hospital, 6401 France Avenue, presented at the regular meeting of the City Council o approved. f June 15, 1987, be and is hereby Member Smith moved as amendments these additional conditions: a) that the City have the option to expand the entry/exit to the site in the future if needed, b) that The Colony and hospital enter into a maintenance agreement for the area between the parking ramp and The Colony's parking lot, and c) that the City with other governmental units continue monitoring of the pollutants problem. The motion for amendment a) was seconded by Member Richards but was defeated by a 3 to 2 vote; amendments b) and c) failed for lack of a second. Mayor Courtney then called for a rollcall vote on the motion to adopt the resolution. Rollcall: Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. c)RPORATION• VACATION OF PORTION OF ARCADIA AVENUE GRANTED. The request for final development plan approval and vacation of a portion of Arcadia Avenue affecting the same property, public hearings were conducted concurrently. Planner Craig request for approval of the final development plan for Regis reca that the Normandale Road, was continued by the Council at its meeting of May 18, 1987 to allow the opportunity for neighboring property owners to comment on the proposal, specifically, the owners of the Eden 100 Building and The Pantry restaurant. The continuance also allowed time to publish and notify adjacent property owners of the proposed vacation of a portion of Arcadia Avenue. Mr. Larsen said that the proposal remains the same as presented at the May 18, 1987 meeting. The Regis property comprises three sites; their existing headquarters building on the northeast corner, a one -story office building at 5075 Arcadia Avenue containing approximately 4,100 square feet and the Biltmore Bowl and shops at 5113 W. 50th Street. Together the properties are 4.2 acres in size and are zoned Planned Commercial District. Regis Corporation intends to redevelop this site as their new corporate headquarters. Mr. Larsen said that the redevelopment plan calls for demolition of the 4,100 square foot building and the construction of a new 3 -story building containing a gross floor area of 23,765 square feet. Total office area will be 41,265 square feet. Regis is proposing 137 parking spaces on the easterly portion of the property. This parking count does not include the 86 spaces provided for the bowling alley. The Zoning Ordinance would require 206 parking spaces for a building of this size. Regis will provide a proof of parking agreement to solve any future parking shortages in support of the variance request. They feel that the number of parking spaces provided by the plan would be adequate for their needs for some time. Mr. that building is situated as far to the east as Possible Larsen to out on the site. Consequently, building setback variances are necessary along the frontage road of T.H. 100. The plan also needs a temporary variance on the exterior materials for the existing building. Regis has indicated that in about five years they plan to either remove the existing building or re -skin it to meet 6/15/87 441 ordinance requirements. The plan also proposes the vacation of the northerly portion of Arcadia Avenue. The vacated right of wav would provide approximately 21 parking spaces for the redeveloped property. Mr. Larsen noted that the proposed vacation is consistent with recommendations made by BRW in the land use study made of the Grandview area. The Community Development and Planning Commission recommended approval of the final development plan with the following conditions: 1) staff approval of the landscaping plan, 2) execution of a proof of parking agreement, 3) vacation of the Arcadia Avenue right of .:3v by the Council, and 4) that the variance for exterior materials be temporary be limited to five years. Mr. Larsen said that Mr. Hoffman would review the proposed vacation as it relates to the land use planning and traffic study that BRW has done for the City and to provide an update on what has happened traffic -wise in the Grandview area. Mr. Hoffman recalled that three years ago a traffic study was done on the Grandview area in terms of a traffic flow program. The study identified several issue areas; Issue Area 4 is 'the area in the vicinity of -the northerly portion of Arcadia Avenue. This area was selected for study due to the possible redevelopment of the area and the request by the developer for vacation of a portion of Arcadia Avenue. The resulting design study focused on providing better access to the area and a larger contiguous area for redevelopment. The proposed roadway modification basically consists of realigning the northerly portion of Arcadia Avenue so that it intersects Vernon Avenue opposite Interlachen Boulevard. Mr. Hoffman presented a graphic illustrating traffic counts and turning movement counts for the subject area and what impact the vacation might have for properties on Arcadia Avenue. The Eden 100 building traffic basically would orient to the CO south to Eden Avenue. He said that he had talked with Ken Johnson, representing LO The Pantry restaurant, and that Mr. Johnson had supported the proposed vacation with some conditions: 1) that the roadway past the bowling alley and up to Vernon Avenue be signed as Arcadia Avenue, and 2) that the roadway be made to look like a m public roadway instead of a driveway for the bowling alley parking lot and that Q some of the entrances to the parking lot be closed off. It is also proposed to provide a better design on the south leg of the intersection at Vernon Avenue by the use of a narrow median to channel the traffic. Mr. Hoffman also said that he has talked at various times with Hennepin County staff regarding the inadequacy of the traffic signal at Vernon Avenue and Interlachen Boulevard. Hennepin County has advised that they will be including in their 1988 Capital Improvement Program complete revision of the traffic signal at that location. Mr. Hoffman recommended that vacation of the northerly portion of Arcadia Avenue should be conditioned on: 1) retaining a utility easement over the vacated right of way, 2) that the roadway past the bowling alley be rebuilt and realigned by Regis, at its expense, pursuant to City plans to look like a public roadway, and 3) that the bowling alley parking lot be redesigned for interior circulation with the elimination of some of the entrances, pursuant to City plans. Member Kelly asked how the median at the intersection to Vernon Avenue would affect traffic coming out of the liquor store area. Mr. Hoffman explained that it would restrict the access and as a result most vehicles exiting the parking lot will be forced to use the existing driveway at Jerry's. This will require motorists to change their driving habits but it will also provide them with a significantly better approach to the intersection at Vernon Avenue. Member Smith asked if vacated land is buildable. Mr. Hoffman said that the answer is no if there are utilities beneath and we retain an easement to service those utilities. If a developer wanted to build they could relocate the utilities. Vacated land is buildable if there are no utilities involved. Member Turner asked how great the setback variance would be for the new building. Mr. Larsen that it is 4 feet on the lower floor and increases on the two corners of the building. Michael Plautz, architect for the project, explained that the building is three stories above grade as defined from the west approach side. The base extends out for one story only between the two existing buildings and extends past the setback line as described by Mr. Larsen. The two triangular points vary as much as 7 feet horizontally to the property line. Member Turner then asked if staff foresaw any need to redesign the interchange for T.H. 100 which would be compromised by allowing this building so close to the entrance ramp. Mr. Hoffman said he did not foresee any change at the location of the southerly end of the building. He said there could be some changes at the traffic light but that there would be sufficient right of way for any widening if needed there. Member Kelly commented that she felt it was unusual for variances and the vacation of right of way to be requested with this project and asked if there have been similar projects in the past. Mr. Larsen said he could not recall any specific project and that staff's position comes from the recommendations of the BRW study which would make this site more useful. The vacation of Arcadia Avenue does not harm the overall flow of the traffic and makes sense for the development of the site. As to the variances, staff felt that in order to get adequate parking the building should be located to the east and that because there were no abutting buildings, only the ramp to T.H. 100, that it was a reasonable approach. Member Kelly said she was concerned about allowing a building to be built in front of an existing building that would require variances. Mr. Paultz explained that existing offices for the Regis Corporation are cramped and they need to expand. He said they were given the charge to add 23,000 square feet of office area contiguous to the existing building because Regis has a sizeable investment in it. He said they were faced with what was the proper balance of a footprint to add to this contiguous parcel on the easterly half fronting T.H. 100 that would put in proper 4 6/15/87 442 balance parking needs and building needs, given the site constraints. They also wanted to change the imagery of the existing building to more of a corporate look with the use of glass and stone. This is seen as the first step in the redevelopment of the site. In trying to avoid the need for variances they looked at locating the building further to the west and wrapping a ring of parking on the T.H. 100 side. He explained that the site goes up fairly steeply so that it would have been difficult to do and they would have actually ended up with two single loaded ranks of parking on each side of the building instead of o7e double and one single. It was felt it would be more attractive to push the bui_.--' -ng towards T.H. 100 and develop the imagery along the highway and landscape it there. That essentially led to the placement of the building as now proposed which they felt is a reasonable request. Nancy Olson, Eden 100 Building, said she represented 20 companies within the building and was also representing Ken Johnson of The Pantry restaurant. She summarized their concerns as follows: 1) safety of the area of the street-in front of the bowling alley, 2) visibility for The Pantry - signage off Vernon Avenue and naming the roadway past the bowling alley as Arcadia Avenue, 3) timeliness - need to re- educate tenants and patrons of the restaurant as to the different routing, 4) curbs along the bowling alley parking lot and a curve where Arcadia will dead end to make it look more like a roadway, 5) to have only one entrance and one exit to the bowling alley parking lot with a crosswalk for pedestrians, 6) to move the center line over on Arcadia going down to Eden Avenue so that there is adequate room for parking on the westerly side, and 7) to improve the roadway area adjacent to the liquor store. Ms. Olson concluded by saying that overall they are pleased with the proposed redevelopment and they are willing to accept the vacation of Arcadia Avenue if it will be beneficial to them by improving the existing area and roadway. She added that if the Council takes action to approve the vacation of Arcadia that they want to be assured that the improvements are made as suggested and that the City should request the complete plans for the area before considering approval. Attorney Erickson asked how the City would require the redesign of the parking .lot and who would pay for the improvement of the roadway. Mr. Hoffman said that the vacation of Arcadia Avenue should be approved subject to the conditions that he had recommended and that he anticipated that Regis would pay for all the improvements as the result of vacating Arcadia. Chris Fox, Vice President of Regis Corporation, said that they are prepared to make and pay for those changes to the public roadway in front of the bowling alley, i.e, one access on the north, continuous curbing, a more gentle curve to Arcadia, new driveway approaches, required landscaping along the northern edge of that roadway together with pedestrian crosswalks, subject to Council approval for vacating of Arcadia and the other requested variances. Member Smith asked why the variances are so important and what the long range objective is for the, Regis Corporation. Mr. Fox responded that their long range plan is to include a substantial office complex on the property. It would include this project as Phase I, would probably include a second and third building, perhaps of comparable size, perhaps as a replacement to their existing building. At this point one of the reasons they are asking for the skin variance is that they want to consider removing the present building. Presently they office about 100 people in the building and really can't consider it at this point without moving the company somewhere else which would be a burden at this particular point in their growth. He stated that they would like to try to move the pieces around and have some flexibility with this project being Phase I. He said they are asking for the variances to maximum the site because they would like to place all of their development on the east side of the site, with the west side of the site being used exclusively for parking. Mr. Fox said they could not build on the Arcadia Avenue easement after vacation because of the major utilities .located there. Member Kelly raised the issue of traffic congestion in the future resulting from the Regis redevelopment. Mr. Fox explained that presently the bowling alley and retail uses create in and out traffic. If those uses are removed and you look at the ultimate development of the site of approximately 100 - 150,000 square feet of office space, he said they believe they will not be causing any more traffic than the current uses generate. No comment or objection being heard from the public, Member Turner introduced the following resolution and moved adoption, subject to the following conditions: 1) staff approval of the landscaping plan, 2) execution of a proof of parking agreement, 3) vacation of Arcadia Avenue right of way, and 4) that the variance for exterior materials be temporary and be limited to five years: RESOLUTION GRANTING FINAL DEVELOPMENT PLAN APPROVAL 0 1,EGIS BE IT RESOLVED by the City Council OfCity0of0 Edina, Minnesota, that the Final Development Plan for Regis Corporation, 5000 Normandale Road, presented at the regular meeting of the City Council of June 15, 1987 be and is hereby approved. Motion for adoption of the resolution was seconded by Member Richards. Member Turner said the reason for moving approval was that the final development plan is consistent with the BRW study and the discussions on the alternatives for the area that BRW presented cover the traffic concerns. It is anticipated that there will be additional traffic with this kind of development here, but with the changes the county is proposing to make and that the developer will make in this area the increased traffic can be handled adequately. Mayor Courtney then called for a rollcall vote on the motion. Rollcall: 6/15/87 N 443 Ayes: Richards, Smith, Turner, Courtney Nays: Kelly Member Kelly said her reason for voting no was because of the requested variances. (Member Kelly left the meeting at this point.) Member Richards then introduced the following resolution and moved adoption, subject to the following conditions which must be met and performed before the vacation is effective: 1) execution by Regis Corporation of a utility easement over the vacated- right of way, and 2) reconstruction of the roadway past the bowling alley to roadway standards with curb, all to be done by developer at its expense, pursuant to City plans, and 3) redesign of the bowling alley parking lot for better interior circulation with entrances and exits, all to be done by the developer at its expense, pursuant to plans to be approved by the City Engineer: RESOLUTION VACATING PORTION OF ARCADIA AVENUE WHEREAS, a resolution of the City Council, adopted the 18th day of May, 1987 fixed a date for a public hearing on a proposed vacation of a portion of Arcadia Avenue; WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 15th day of June, 1987, 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 street vacation be made; an& WHEREAS, the Council has considered the extent to which 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, cable television or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the Lo proposed vacation, to continue maintaining the same, or to enter upon such street 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 described portion of Arcadia Avenue be and is hereby vacated as of June 16, 1987: Description of Portion of Arcadia Avenue to be Vacated: That part of Arcadia Avenue as dedicated in the recorded plat of Tingdale Bros' Brookside according to the recorded plat thereof, Hennepin County, Minnesota lying southerly of a line drawn from a point on a line run parallel with and distant 20 feet southerly of the north line of Lot 1, Block 8, said Tingdale Bros' Brookside distant 15 feet west of its intersection with the east line of said Lot 1, to a point on the north line of Lot 17, Block 7, said Tingdale Bros' Brookside, distant 25 feet east of the northwest corner of said Lot 17, Block 7, and lying northerly of the easterly extension of the north line of the roadway easement across Lots 5, 6, 7, said Block 8 as' recorded under Document No. 1079434 in the office of the Registrar of Titles, Hennepin County, Minnesota. Part of Parcel 20 S.P. 5 -31 -3 and Part of Parcel 38B S.P. 2733 (100 -130) 903 That part of Tract A described below: Tract A. All of Lots 1 and 2 except that part of said Lot 2 lying northerly of the following described line: Beginning at a point on the east line of said Lot 2 distant 20 feet south of the northeast corner thereof; thence running southwesterly to a point on the west line of said Lot 2, distant 40 feet south of the northwest corner thereof, Block 8, Tingdale Bros.' Brookside, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title hereto being registered as evidenced by Certificate of Title No. 539711; which lies northeasterly of Line 1 described below and southerly of Line 2 described below: Line 1. Beginning at a point on a line run parallel with and distant 20 feet southerly of the north line of said Lot 1, distant 15 feet west of its intersection with the east line of said Lot 1, thence run southeasterly to a point on the east line of said Lot 1, distant 20 feet southerly of said intersection and there terminating; Line 2. Beginning at the point of beginning of Line 1 described above; thence run easterly to a point on the north line of Lot 17, Block 7, said Tingdale Bros.' Brookside, distant 25 feet east of the northwest corner thereof and there terminating; together with all right of access control, being the right of ingress to and egress from that part of Parcel 38B herein conveyed to the lands adjacent thereto. Part of Parcel 40B S.P. 2733 (100 -130) 903 That part of Tract A described below: Tract A. Lots 1, 2, 3, 4, 5, 6, 12, 13, 14, 15, 16 and 17, Block 7, Tingdale Bros' Brookside, including that portion of the south half of Yancy Street vacated, located between extensions northward of the east and west lines of Lots 1 and 17 of said Block 7, but excepting therefrom any portion of said Lots taken by the State of Minnesota for state highway purposes, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, the title thereto being registered as evidenced by Certificate of Title No. 594790; which lies northwesterly of Line 1 described below and southerly of Line 2 described below: 6/15/87 444 Line 1. Beginning at a point on the north Line of Lot 17 said Block 7 distant 25 feet east of the northwest corner thereof; thence run southwesterly to the southwest corner of said Lot 17 and there terminating; Line 2. Beginning at the point of beginning of Line 1 described above; thence run westerly to a point on a line run parallel with and distant 20 feet southerly of the north line of Lot 1, Block 8, said Tingdale Bros., Brookside, distant 15 feet west of its intersection with the east line of said Lot 1 and there terminating; together with all right of access control, being the right of ingress to and egress from that part of Parcel 40B herein conveyed to the lands adjacent thereto. The City of Edina reserves in favor of itself a utility easement within said described vacated street for the maintenance, replacement, repair and removal of, and for otherwise attending to, underground watermains as deemed necessary by the City of Edina to. provide service to customers along this route; and The City of Edina reserves in favor of Minnesota Gas Company a utility easement within said described vacated street for the maintenance, replacement, repair and removal of, and for otherwise attending to, underground gas lines required to provide service to customers along this route; and The City of Edina reserves in favor of Northwestern Bell Telephone Company a utility easement within said described vacated street for the maintenance, replacement, repair and removal of, and for otherwise attending to, underground conduit, manholes, cables, wires and poles required for telephone communications and to provide service to customers along this route. The 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 upon performance of the three conditions afore set out. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Richards, Smith, Turner, Courtney. Resolution adopted. (Member Kelly returned to the meeting at this point.) *PUBLIC HEARING ON FINAL DEVELOPMENT PLAN FOR BUILDING EXPANSION FOR CINEPLEX ODEON CORPORATION (EDINA THEATREI CONTINUED TO 7/6/87. Motion of Member Smith was seconded by Member Turner to continue the public hearing on approval of the Final Development Plan for building expansion for Cineplex Odeon Corporation (Edina Theatre) to the meeting of July 6, 1987. Motion carried on rollcall vote, five ayes. CONDITIONAL USE PERMIT FOR NORMANDALE LUTHERAN CHURCH BUILDING EXPANSION APPROVED. Affidavits of notice were presented, approved and ordered placed on file. Planner Craig Larsen presented the request of Normandale Lutheran Church, generally located west of T.H. 100 and south of Valley View Road, for a conditional use permit to allow a building expansion. The expansion would occur in two parts. It would add one floor to the educational wing on the south side and would also include the demolition of and reconstruction of the northerly office wing. The addition to the educational wing would only be partially finished. About one third of the space would be finished for choir rehearsal and a music library. The remainder of the space would be reserved for future needs of the church. The reconstructed northerly wing would provide .office space on the upper floor and youth activity and nursery space on the lower floor. The proposed additions would result in a net increase of 16,376 square feet of building area. Mr. Larsen explained that the Zoning Ordinance requires that churches maintain a 50 foot setback from all property lines. The westerly portion of the existing north wing provides a setback of approximately 27 feet. The new wing would increase to 44 feet the setback at this same point. The rest of the main building would provide the required 50 foot setback. He noted that the exterior stairwells in two locations on the north wall provide 33 and 47 foot setbacks. Consequently a 17 foot setback variance is requested. Using 22 inches per seat, as required by the Zoning Ordinance, the church has a capacity of 515 persons. At one parking space for each 3 seats, 172 parking spaces are required. Currently there are 216 parking spaces on the site. Following construction on -site parking will be reduced to 194 spaces. The church has infirmed staff that their average combined attendance is 640 persons, and that the largest single service attendance is 400 persons. This would result in a parking demand of 133 spaces. Mr. Larsen said that surface parking areas are not screened from the street as required by the Zoning Ordinance. The church has indicated to staff that they are going to improve the landscaping and screening to meet ordinance requirements. A specific plan for this landscaping has not been provided. At its meeting of May 27, 1987 the Community Development and Planning Commission recommended approval of the conditional use permit conditioned on staff approval of a landscaping /screening plan that would comply with ,ordinance requirements. Lloyd Berquist, architect for the project, said that the expansion to the educational wing on the south side was anticipated when the building was constructed 15 years ago so that the third floor can be added. The reconstruction of the northerly wing will increase that area from approximately 13,000 square feet to 20,000 square feet. Mr. Bergquist said the landscaping plan will be presented to staff and it will reinforce the existing 462 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 13, 1987 Present were Members Kelly, Richards, Smith, Turner and Mayor Courtney The Edina City Council held a Special Meeting on July 13, 1987 at 7:00 p.m. at the Edine City Hall for the purpose of reviewing the Comprehensive Plan as to the Land Use Element and the Housing Element. COMPREHENSIVE PLAN REVIEW COMMENCED. Manager Rosland stated that' directed by Council action taken June 1, 1987, Planner Larsen has prepared copies of the Land Use Element and the Housing Element of the Comprehensive Plan for the Council to review, together with a Residential Land Use Comparison of neighboring communities. He said the Comprehensive Plan is the key guide for staff when meeting with developers. Planner Larsen presented a map of the City of Edina showing the existing zoning of all properties, the 1980 Land Use Plan map and a map colored to show the existing undeveloped sites. He briefly explained the land use designation for the undeveloped parcels and commented on potential sites for redevelopment. Mr. Larsen also presented the general goals and objectives of the Land Use Element. Considerable discussion followed between the Council Members on the 1980 Land Use Plan as to what was projected in 1980 and whether or not the land use designations for undeveloped land should be changed in some areas. The Council then reviewed each undeveloped site as to the land use designation and made the following conclusions: Carl Hansen Property - Generally located West of Ridge Road and south of Interlachen Boulevard. Single Family Residential (R -1). Conclusion: Appropriate designated. Wallace Kenneth Property - Generally located at County Road 18 and 7th Street. Medium Density (PRD -3). Conclusion: Appropriate as designated. Shepherd of the Hills Church Property - Generally located at County Road 18 and 7th Street. Mixed Use (Office or Multiple Family Residential). Conclusion: Appropriate as designated. Property West of Londonderry Road Extended - Single Family Residential (R -1). Conclusion: Appropriate as designated. Robert Hanson Property - Generally located north of Crosstown Highway and west of Gleason Road. Recently rezoned to PRD -2 (Low Density Attached Residential). Conclusion: Appropriate as rezoned. Kunz Oil Service Station - Located at northwest corner of Vernon Avenue and Olinger Boulevard. Medium Density (PRD -3). Conclusion: Referred to staff for additional information and alternatives for redevelopment. Hawkes Lake Property - Generally located south of Vernon Avenue and East of Olinger Boulevard. Low Density Attached Residential (PRD -2). Conclusion: Appropriate as designated. Kunz Oil Warehouse and Lewis Enzineerin Property. - Generally located south of Eden Avenue and west of Railroad. Industrial. Conclusion: 4 -1 for some type of multi - residential designation. Referred to staff for additional information and alternatives for redevelopment. Property South of West 49th Street /East of Railroad - Mixed Use. Developed with two small apartment buildings. Not likely to redevelop. Conclusion: Appropriate as designated. Naas Property - Generally located north of Post Lane and south of McCauley Trail. Mixture of Low Density Attached Residential and Single Family. Conclusion: Appropriate as designated. Naas Lakeside Property - Generally located south of McCauley Trail abutting Arrowhead Lake. Single Family Residential. Developed with one single family dwelling. Conclusion: Appropriate as designated. Hume Property - Generally located at end of McCauley Trail and north of. West Trail. Park /Public. Conclusion: Re- designate as Single Family Residential (R -1). Parcels on Cahill Road - Generally located on Cahill Road and south of West 70th Street. Zoned PRD -3 (Medium Density). Conclusion: Appropriate as designated. Parcel North of Crosstown Highway - Generally located north of Crosstown Highway at Pedestrian Overpass. Single Family Residential. Conclusion: Appropriate as designated. /13/87 463 Minneapolis Water Works Property - Generally located west of France Avenue and south of West 40th Street. Medium Density Residential. Conclusion: Referred to staff for additional information and development alternatives. 44th and France Commercial Area - Staff to consider feasibility of creating a Tax Increment District for redevelopment of the area and /or other options for redevelopment. Hedberg Property - The Council discussed the preliminary conce--- development proposal which has been presented to the Council which plan showed 1.5 Million square feet of Office, 1500 housing units with ownership similar to the Edinborough project, a retail component and a park component. Manager Rosland said that staff has been working with the developers on these issues: 1) That it be a proven benefit to the community, 2) That the traffic problem can be addressed, and 3) Whether the mixed use concept creates less congestion than developing as all office. Also discussed were the additional services (Police /Fire) that would be needed for the area and the cost of maintaining the proposed park. There were no conclusive comments made. The meeting was adjourned at 10:10 p.m. 117,A, , b City Clerk co L co a MINUTES EDINA HOUSING AND REDEVELOPMENT AUTHORITY OCTOBER 2. 1989 Answering rollcall were Commissioners Kelly, Paulus, Rice, Smith and Richards. MINUTES of the BRA Meeting of September 18. 1989 were approved as submitted by motion of Comeissioner Smith, seconded by Commissioner Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ACQUISITION OF KULNZ OIL COMPANY AND IMIS ENGINEERING COMPANY PROPERTIES CONSIDERED* ADOPTED INITIATING REDBVKWM —W— PROCESS Executive Director Hughes stated that the subject for consideration is adoption of a resolution to acquire, by eminent domain if necessary, the property owned by Lewis Engineering Company and Kunz Oil Company in the Grandview Redevelopment Area. The subject property is located south of Eden Avenue and west of the Soo Line Railroad tracks. Since 1984, Lewis Engineering has acquired the Soo Line Railroad property. The property is part of the Grandview Area Redevelopment Plan and Tax Increment District established in 1984. The District can exist for a period of 25 years for the repayment of any public debt that is incurred. The Plan was preceded by the Grandview Traffic Plan adopted early in 1984 and was prompted by a proposal for the redevelopment of the Biltmore Motel site. The Grandview Traffic Plan recommended a number of improvements in the Grandview Area which have been or are being completed: 1)' Link Road reconstruction and signalization, 2) Closure of Vernon /Eden /Sherwood intersection, 3) Consolidation of Jerry's /Norwest Bank/Union Oil access, 4). Vacation of Summit Avenue, and 5) Demolition of the Public Works garage and reconstruction of public parking ramp /Public Works facility. In addition, several private developments envisioned by the Plan have occurred, e.g. Jerry's shopping center and office expansion, Vernon Terrace Apartments and Summit Place Apartments. The Redevelopment Plan also included a Land Use Plan which was adopted and as related to -the subject property it indicated a medium density residential re -use of the site with approximately 200 units. The southern portion of the railroad property was shown as office and showroom use. Director Hughes recalled that since adoption of the Plan, several proposals were conceptually, reviewed for the subject property but were eventually dropped. In 1988 Jerry's Enterprises held options on the Lewis Engineering and Kunz Oil sites and proposed a retail office complex of approximately 160,000 square feet. The proposal also incorporated the School District property and proposed moving the school bus garage to the southern end of the Kunz Oil site. For a variety of reasons the options expired and were not renewed. During the past several months, staff has discussed redevelopment alternatives for the properties with the owners as well as several developers. Most prospective developers were interested in exclusive retail uses for the site; a couple had interest in a housing use for the site. One of the prospective developers is again Jerry's Enterprises who is working with Opus Corporation to pursue development of the property. All developers who approached staff envisioned a tax increment assistance package associated with the redevelopment, although specifics were not discussed. Director Hughes explained that the owners of the property, Lewis and Kunz, have by letters indicated that private sale of the property is not possible at this time and have advised that the HRA should consider using its right of eminent domain to pursue acquisition and redevelopment of the property. To that end a draft resolution has been prepared that would affect the action- of the HRA to direct its staff and attorneys to pursue acquisition of the site for redevelopment. Staff would suggest that is such a resolution is adopted, it should be conditional upon the execution of a redevelopment agreement with a redeveloper. .n H.R.A. Minutes - 10/2/89 Page 2 Further, that the HRA formally direct staff to pursue a redevelopment agreement with Jerry's Enterprises /Opus. Director Hughes pointed out that at this point the resolution does not include the School District site. Although the Board of Education has not formally considered this project, School District staff has again confirmed their interest in the concept and their willingness to consider relocation alternatives. The HRA /Council would have to take several additional actions prior to actual acquisition and development of the property including: - Approval of a redevelopment agreement - Rezoning and plan approval of the proposed project - Public hearing to amend the Tax Increment Financing Plan - Public hearing to re -sell the properties if purchased by the HRA. As to alternatives, Director Hughes said the HRA could: 1) Reject the resolution and involvement in the project and suggest that any redevelopment be accomplished on a private basis, 2) Reject the resolution but direct staff to negotiate with a prospective redeveloper; the resolution could be reconsidered later if a redevelopment contract were achieved, or 3) Adopt the resolution and then solicit Requests for Proposals (RFP) for development of the site thereby allowing formal comparison of development proposals. He explained that this is a relatively complicated process which may require a greater commitment to redevelop the site than the HRA wishes to offer at this point. If the HRA chose to pursue the RFP option, it may want to develop some criteria for the development and elements of the financial package that proposers could relate to in making their proposals. Director Hughes concluded his presentation by noting that Robert'Shattuck, representing Jerry's Enterprises, was present.. Commissioner Paulus asked what kind of cost recovery the HRA would realize from buying the property from the present owners and then re- selling it to a developer. Director Hughes said it probably would be sold at a substantial reduction in cost in that the HRA would be purchasing a developed and improved property with an active tenant or business and then re- selling it essentially as vacant land for redevelopment. If the HRA were involved in the acquisition it could expect to recover its public cost from the tax increments generated from the new development on the site. Commissioner Paulus also asked if the HRA were to adopt the resolution and the redevelopment never was firmed up would the HRA end up acquiring the land. Director Hughes explained that the land would not be acquired until the HRA would take further steps. At any point.in the process the HRA could elect to proceed with acquisition, proceed with condemnation, or decline to acquire. Commissioner Kelly raised the following issues of concern: 1) Whether a soil test has been done on the land and, if not, that the owners should have that testing done to ensure that the land is environmentally sound, 2) That the School property be included in any redevelopment, 3) What the Tax Increment District is producing now, 4) Industrial appraisal of the property versus a commercial /retail appraisal, 5) How this plays into fiscal disparities, 6) That the public benefit be documented, and 7) If the HRA agrees to the condemnation it should have the option to go with another developer if this project does commence. Director Hughes responded that he is unaware of any soil test that has been made of the land. The HRA has elected throughout this district that it not contribute to the fiscal disparities distribution of the City and that none of the City's tax increment districts are contributing. However, under recent law that election can be changed. The proposed resolution is that the acquisition of the property is conditioned upon an approved redevelopment agreement but does not specify with whom. A second part of the recommendation was that staff be authorized to negotiate with one particular developer. If a draft agreement cannot be reached, or the HRA would elect to reject the agreement, the HRA could authorize staff to H.R.A. Minutes - 10/2/89 Page 3 seek other redevelopers or rescind the resolution. Commissioner Smith asked questions concerning private sale of the property, .relocations costs, development /acquisition costs, the effect of removing the property from the tax roles, and security for the development. Director Hughes said that it was his understanding that the property was currently off the market. Attorney Erickson explained that under the state laws, if the property is acquired by condemnation, there are relocation expenses that must be paid. Those are waiveable by the owner on very strict terms and are not waiveable by such persons as tenants. In this case, the Lewis Engineering property is owned by Gordon Lewis and his wife and is leased to Lewis Engineering. Staff has asked for waivers from, all owners and tenants and has also told Jerry's Enterprises /Opus, and will tell any subsequent developer,.that they must give us an indemnity if those waivers are, in fact, not good. To the extend the HRA ends up paying relocation benefits, they will have to pay the HRA. Regarding development and acquisition costs, Director Hughes explained that those costs would be determined in connection with the redevelopment agreement. It is estimated that acquisition costs would be approximately $2.5 million. As to the effect of removing the property from the tax roles, Director Hughes said that this property as part of the Tax Increment District is off the tax roles. If public money is spent on this project it will, in effect, lengthen the duration of the District. When the acquisition costs have been determined, it will be possible to do an analysis which will show impacts on jurisdictions and.the average homeowner in Edina. Regarding security, Director Hughes said that would be part of the redevelopment agreement. A comparison would be the agreement that the HRA has with Jerry's Enterprises on the parking ramp whereby Jerry's has signed an assessment agreement which imposes a minimum valuation on the private improvements thereby generating a certain minimum tax. There are also other guarantees built in such as a shortfall agreement. Robert Balch, 4721 Wilford Way, stated that he had a definite interest in the subject property only over the last month. He said he was told by the owners of the properties as of Saturday that they were on the market for approximately $3.5 million. He asked how much the tax increment write -down would be. Director Hughes said that is not known as this time and would be part of the redevelopment agreement to be negotiated. Mr. Balch asked if the resolution were passed would that preclude the land being purchased by private individuals. Attorney Erickson replied that it would not. Mr. Balch then commented that it seemed to him that a developer is being chosen before the proposal has been heard by the Planning Commission who may not like the plan. .Mayor Richards commented that the final decision rests with the HRA and that what the staff has proposed will in no way curtail the normal process. Mr. Balch said that, as a real estate broker, he would ask the HRA to set this matter aside for 30 days. He said he felt there was a large feeling in western Edina that another supermarket might be needed and would be a possibility. He indicated that one developer has a scheme for the School District bus garage property which would be proposed shortly. Commissioner Rice asked if adoption of the resolution would obligate the HRA to anything and if it would preclude the owners of the property or the HRA from negotiating from anyone else, also if there was some period of time for this to take place. Director Hughes stated that adoption of the resolution in itself would not, but that if the HRA were to adopt the second part of the recommendation it would be staff's sense to negotiate with only the named redevelopers. He suggested that this be done in a six - months timeframe. Commissioner Rice asked if the proposed developers were knowledgeable and experienced and if they understood the risks involved, taking into account the comments that have been made at this hearing, and that they understand the normal process for redevelopment. Director Hughes said he believed that they certainly are knowledgeable and understand the risks involved. Chairman Richards commented that he would support the resolution with .some H.R.A. Minutes - _10/2/89 Page 4 modifications. If the redevelopment is to happen with the proposed developers that negotiations be concluded within three months. Further, that staff be instructed to negotiate with Jerry's Enterprises /Opus with the understanding that due and proper consideration be given by the staff to any other developer who may submit a proposal for redevelopment of the subject property. Commissioner Smith said he agreed with the shorter timeframe for negotiations on a redevelopment agreement with Jerry's Enterprises /Opus, that he did not favor condemnation and would like keep it open for other proposals. He suggested that a discussion on the issue of land use might be appropriate at this time. Chairman Richards responded that the time to consider land use is when a specific proposal is brought back for redevelopment of the property at which time all the costs and other factors would be taken into consideration.. The HRA /Council will then either approve it or vote it down. Commissioner Kelly reiterated that nothing be done until a soil test has been made of the property. Attorney Erickson said that the redevelopment agreement would be a three -party document between the owners, the developers and the HRA and that a soil test could be a condition of the agreement. Commissioner Rice commented that the HRA should not assume the function of the developers which is to work these things out, take risks, make assumptions, put the numbers together, present a proposal and then convince the HRA that this is a good deal and of benefit to the public. Chairman Richards moved the following actions: 1) To adopt the resolution as follows, 2) To instruct staff to pursue and negotiate a redevelopment agreement with Jerry's Enterprises /Opus for the subject property, and 3) To direct staff to give due consideration to any written proposal that may be submitted by other developers for redevelopment of the subject property: RESOLUTION WHEREAS, it is necessary, advisable, and in the public interest that the Housing and Redevelopment Authority of Edina, Minnesota (the "BRA "). a body politic and corporate under the lava of the State of Mimesota, acquire for redevelopment purposes, and pursuant to the redevelopment plan entitled "Grandview Area Redevelopment Plan" dated May 30, 1984, adopted by the KRA on Jame 18, 1984, and approved by the City Council of the City of Edina on June 18, 1984, property within the Grandviev'redevelopment area; and WHEREAS, in order to accomplish the purposes set out in said Plan, it is necessary that -the properties described on Ezhibit A attached hereto and hereby made a pat be redeveloped; and WHEREAS, the BRA has been advised that said property will not be made available for redevelopment unless it is acquired by eminent domain; and WHEREAS, by reason of the inability of any private party to purchase said property for redevelopment, it will be necessary to procure the same by the right of eminent domain. NOW, THEREFORE. BE IT RESOLVED, that the BRA proceed to procure the property described on Ezhibit A hereto under its right of eminent domain if it is not made available for redevelopment by sale to a private party or parties; and that the attorneys for the BRA be instructed and directed to file the necessary petition therefor and to prosecute such action to a successful conclusion, or until it is abandoned, dismissed or terminated by the BRA or by the Court; and that the attorneys for the MBA, the Director and Executive Director of the BRA and the Chairman and Secretary of the BRA do all things necessary. to be done in the commencement, prosecution and successful termination of such eminent domain proceeding. BE IT FURTHER RESOLVED. that none of the foregoing actions to acquire the property described on Ezhibit A hereto be started or undertaken until the BRA has signed and delivered a contract for redevelopment of said property, and the School District Property north of Eden Avenue, with a redeveloper, and on terms and �i H.R•.A. Minutes - 10/2/89 r Page 5 conditions, acceptable to the HU, and until the Tax Increment Financing Plan is amended in accordance with Minnesota Statute 469.175,,subd.(4). BE IT FURTHER RESOLVED, that none of the foregoing resolutions shall be effective or valid after December 31, 1989. 30M BIT A Lot 1, Block 1, Wanner Addition,, EXCEPT that part described as follows: Beginning at the Southeast corner of said I:ot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence. South along the West line of said Lot l a distance of 1-foot to the Southwest corner of said Lot l; thence East along the South line of said Lot 1 to the point of beginning. and Lot 1, Block 1, "Edenmoor, Hennepin County, Minnesota", EXCEPT the South six (6) feet thereof. and That part of Government Lot 8, Section 28, Township 117 North, Range 21 West of the 5th Principal Meridian, lying Southerly of the South line of Eden Avenue, Westerly of the West right of way line of the Minneapolis Northfield and Southern Railway and Easterly of Block 1, Warner Addition, EXCEPT that part described as follows: Commencing at the Northeast corner of Lot 2; Block 1, Wanner Addition; thence North a distance of 25 feet; thence West a distance of 90 feet to the East line of Lot 1, Block 1, Warner Addition; thence South a distance of 25 feet to the Southeast corner of said Lot 1; thence East a distance of 90 feet to the point of beginning. Also, Lot 2, Block 1, Wanner Addition, according to the map or plat thereof on file and of record in the office'of the Register of Deeds in and for said Hennepin County, subject to an easement for roadway purposes over and across the South 25 feet of said Lot 2, and together with an easement for roadway purposes over and across the North 25 feet of Lot 3, Block 1 of said Warmer Addition; also together with an easement for road purposes over a strip of land 16 feet in width being 8 feet on each side of the following described line: Commencing at a point on the south line of Eden Prairie Road 358 feet due East from the West line of said Government Lot 8; thence South and parallel with the vest line of said Government Lot 8 to a point which is 612.9 feet North of the South line of said Lot. 8; thence west at right angles to east line of premises first above described. That part of Lot 1, Block 1 of said Warmer Addition described as follows: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said _Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; .thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1 to the point of beginning. That part of Government Lot 8, Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at a point located on a line drawn between the following described points; Point 1 located on a line parallel with and distant 221.8 feet East of the West line of said Government Lot 8, which point is distant South 259.4 feet from the Intersection of the center line of Eden Prairie Road and said line; and Point 2 located on the South line of said Government Lot 8, 246.8 feet East of the Southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the South line of said Government Lot 8; thence Northerly along said drawn line 25 feet; thence Easterly and at right angles a distance of 90 feet; thence Southerly and parallel with said drawn line 25 feet; thence Westerly and at right angles to point of beginning. `O 9/4/90 181 property. The labor costs for the public work crews would be charged to the City's storm water utility account. Staff would recommend as a condition to plat approval the recording of a document which would require that any new.additional hard surface drainage be directed to the street via piping or over the surface drainage. In addition, construction.of a new concrete driveway apron at 7101 Antrim Court should be required. Planner Larsen recalled that some concern was raised at the initial hearing regarding the disposition of several existing outbuildings on the proposed subdivision. Staff would recommend that the removal of the smaller outbuildings be incorporated as a requirement in the developer's agreement. Glenn Yoder, 7020 Shannon Drive, stated that they have been dealing with drainage problems on their property which is immediately south of the proposed subdivision. He said they could not tolerate additional stormwater runoff and said it was imperative that a.permanent piped system be installed to insure that runoff from the new site would go to the storm sewer system. Steve Lindell, proponent, stated that some of the existing hard surface on the lot (outbuildings /driveway to barn) would be removed which would offset the hard surface of the new house. Member Smith introduced the following resolution and moved its adoption, subject to 1) final plat approval, 2) subdivision dedication, 3) utility connection charges, 4) drainage pattern from nev.lot be approved by City Engineer, 5) nev lot have access only to Antrim Road, 6) installation of silt fence during ' construction, and 7) removal of all outbuildings except for the carriage house: RESOLUTION GRANTING PRELIMIIARY PLAT APPROVAL FOR LINDELL ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "L.INDELL ADDITION ", platted by Steven M. Lindell and presented at the regular meeting of the City Council of September 4..1990 be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Paulus. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PRELIMINARY REZONING FROM PLANNED INDUSTRIAL. DISTRICT TO PCD -2 PLANNED COMMERCIAL DISTRICT REFERRED TO STAFF• RESOLUTION ADOPTED EXTENDING HRA RESOLUTION FOR ACOUISITION OF PROPERTY WITHIN GRANDVIEW REDEVELOPMENT AREA Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen presented the . request for preliminary rezoning from Planned Industrial District to PCD -2, Planned Commercial District for property generally located south of Eden Avenue and west of the Soo Line Railroad tracks (Kunz /Lewis site). The subject property is approximately 8.7 acres in size and is developed with industrial uses. In 1988, Jerry's Enterprises presented a redevelopment plan for this area which was dropped prior to hearing by the Council. The property is within the Grandview Area Tax Increment District and in October, 1989, the City Council /HRA adopted a resolution of condemnation effective to August 1, 1990, and authorized staff to negotiate a redevelopment contract with the developers (Jerry's Enterprises /Opus). The proposed redevelopment would be a retail strip mall containing a total floor area of 145,750 square feet, with the main retail containing 106,500 square feet of floor area. The school bus garage, containing 39,250 square feet, would be on the lower level adjacent to the railroad tracks. 9/4/90 182 order to analyze the use and traffic impacts of the proposed redevelopment, the .ity /HRA contracted with two outside consultants. Jackson -Scott and Associates was hired to review the feasibility of an all- retail development and BRW, Inc. was hired to review the traffic impact and update the 1984 Grandview Area Traffic Study. -he report by Jackson -Scott indicated that retail was a feasible reuse of the property and that it could be successful, but it questioned the feasibility of c"'a proposed theatre. In response, the developers have eliminated the theatre and replaced it with storage for retail tenants. The updated traffic study examined the impact of the proposed development as well as redevelopment of several sites north of Eden Avenue, e.g. the existing school bus facility, the car wash and the medical clinic. That redevelopment would include a mixture of office and retail uses with a total floor area of approximately 85,000 square feet. BRW, Inc. has made several recommendations for Zraffic improvements in the area to insure traffic flow at tolerable levels ollowing redevelopment. proposed development would require amending the- Comprehensive Plan, which - -- ustrates the site, as industrial, and the Grandview Area Redevelopment Plan, rich shows it as multi - family housing. The amendments have been anticipated. ...owever, the actual use of the property remains unresolved. The only Council action on land use has been to endorse a multi - family housing reuse of the area. =i -ce that action there have been 285 units of multi - family housing constructed in :he immediate vicinity and staff feels it would not be desirable to construct additional multi - family housing units in the area at this time. The Community Development and Planning Commission considered the redevelopment proposal on August 1, 1990, and recommended preliminary rezoning subject to: ) final rezoning, 2) plat approval, 3) amendment of Comprehensive Plan and Grandview Area Redevelopment Plan, 4) redevelopment agreement with the HRA, ) implementation of Traffic Study recommendations, and 6) preliminary or concept aoDroval of a redevelopment plan for the area north of Eden (school bus site). 77anner Larsen concluded his presentation by outlining the following requested czions: 1) preliminary rezoning approval from existing industrial to retail land :se. also integrating the school bus garage into the development, 2) authorization --o proceed with redevelopment contract negotiations, and 3) renewal of the HRA =_solution of condemnation. If the Council approves the foregoing, actions remaining would include: a) redevelopment agreement with HRA, b) final- rezoning and plat approval, c) report on implementation of Traffic Study recommendations, --nd d) approval of redevelopment plan and rezoning for area north of Eden Avenue. =obert Shadduck, representing Jerry's Enterprises, stated that key issues in the redevelopment proposal were to accommodate the long term needs of the school istrict regarding the bus garage and to address the concerns of the neighborhood -.:ith regard to traffic, building location, setbacks and height. Mr. Shadduck then reviewed boards showing the proposed site plan, building facade, materials, �_ievations and detail of the two retail levels. 7ed Giannoble, owner of TSC Office Building, 5244 Eden Circle, stated he supported :he proposed redevelopment but pointed out that his office building needs additional parking. Mr. Giannoble presented a schematic showing an area between :he back of the TSC Office Building and the proposed building that could be used n or parking. He suggested that the Council, in considering the proposed project, also consider granting a building setback variance to accommodate their need for ::ore parking. 9/4/90 183 It was noted that a letter dated September 4, 1990, from Pat Calderon, President of the Richmond Hills Association, was received stating that the association is in favor'of improvement in this area. Discussion was held by the Council Members regarding the proposed project. Issues raised by the Council regarding the subject redevelopment proposal included: 1) environmental concerns, 2) financial involvement, if any, by the public sector, 3) potential redevelopment north of Eden Avenue, including the Regis site, 4) firm commitment by the School District regarding the school bus garage, 5) land use, 6) proposed site plan, and 7) traffic generation. Member Paulus made a motion to refer the request for preliminary rezoning from PID, Planned Industrial District to PCD -2, Planned Commercial District to staff, for response to the following issues: 1) Commitment from the School District Board as to its position with regard to the proposed redevelopment. 2) Response from staff regarding the current status of the Regis properties. 3) Response from developer regarding commitment from two anchor retail tenants for the site. 4) Resolution of environmental issues. 5) Potential City /E[RA „participation under a redevelopment agreement. 6) Response from the developer as to proposed redevelopment north of Eden Avenue and south of the existing Jerry's site. Motion was seconded by Member Smith. Aves: Kelly, Paulus, Rice, Smith, Richards Motion carried. The following resolution was then adopted by the Council acting in its capacity as the Edina Housing and Redevelopment Authority: Commissioner Smith introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina Housing and Redevelopment Authority (HRA) that it hereby extends the provisions of the resolution adopted by the HRA on October 2, 1989, relating-to acquisition of certain property within the Grandview redevelopment area by eminent domain, to February 1, 1991. Motion for adoption of the resolution was seconded by Commissioner. Paulus. Rollcall: .fives: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *CDBG AGREEMENT WITH HENNEPIN COUNTY APPROVED Motion was made by Member Kelly and was seconded by Member Smith for adoption of the following resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby authorizes and directs the Mayor and Manager to execute on behalf of the City the Subrecipient Agreement with Hennepin County. (Contract No. A05520) to continue the Urban Hennepin County Community Development Block Grant Program for federal fiscal year 1991. Resolution adopted on rollcall vote, five ayes. *HEARING DATE OF 9/17/90 SET FOR PLANNING MATTERS Motion was made by Member Kelly and was seconded by Member Smith setting September 17, 1990 as hearing date for the following planning matters: 1) Amendment to Customary Home Occupations Section of Zoning Ordinance No. 825, Section 7.D. 2) Preliminary Plat Approval - Belfy. Addition - Lot 56, Morningside - 4243 Grimes Avenue. 3) Preliminary Plat Approval - Farrells Parkwood Knolls - 5700 Blake Road. Motion carried on rollcall vote, five ayes. Summary: The overall roadway recommendation for the entire study area is shown in Figure 26. The major features of this plan are as follows: • Three major intersections along Vernon Avenue are provided: 1. The existing signalized intersection at Interlachen Boulevard. 2. A new major entrance to the shopping center. 3. A new major intersection with Eden Avenue. • The existing intersection of Vernon Avenue and Eden Avenue is eliminated and an improved direct connec- tion is provided In *the Link Road corridor. • Several access points and driveways along Vernon Avenue are closed. • A new westbound Vernon Avenue approach to Interlachen Boulevard is provided which has two through lanes and separate right and left turn lanes. • A single major entrance to the shopping center is provided which is compatible with future signaliza- tion and which allows for the reorganization of the parking area. • A direct connection between Arcadia Avenue and Vernon Avenue is provided which has complete access in all directions. 55 NIA A-dw- E P-C.IEN FICMt lit Ar, 4 7j 7 -4v -Aly v Fiff, .1 L-12WIMIN Y. Ao P FPO* d RA r T.K A 100 . i 11 T-- -l4 -. •-14 Ya 41 nil - 'AAKIMLIM andview Area. a raffin -qtudv A v • The intersection of Vernon Avenue and w. 53rd Street is downplayed and additional trips through the, Grandview area neighborhood will not be encouraged. • Access to the Sherwood Road neighborhood is downplayed and a better connection to Eden Avenue is provided. 1 I 0 I 1 57 I � , T- 1 F -7 . 1 J- , - wo 7in�W 77777 I, 1 � I.� y I ISVI- :-- ; � ,- - a „, ice- 1, : _; (�� _ i� - 'll .11AEZXUM 0, Q.M L.Aw, OF figo• CyW&A* A-D sc. -.o Yes ir i . . ......... TF -7i .1 0 R=m!NTAl- 171 IA. 4- P, If I . / I , If GSA -.1111t LAClf CV lost— so ma =17 I T- LL I 'TIAT NME,F- l TT ► i 1 . cmr a. MWW-mW-1rYj ftWCHrAL WE Pm4srry �� l,z'kam%,�. wum#— rr& w w. • Live- GRMMEW. EDM► .hi. EBBW i JACKSON -SCOTT d ASSOCIATES, INC. 3433 Broadway Street N.E.. Suite 150 Minnemotis. Minnesota 55413 (612) 623 -0153 FAX # (612) 6234813 Shootung Center Management. Leasing and 0evelodment . The City of Edina Housing and Redevelopment Agency (HRA) has asked Michael Scott of Jackson -Scott & Associates, Inc. to evaluate the proposal for the redevelopment of the Grandview Area Redevelopment District (District) by the proposed developer, Jerry's Enterprises, Inc. and Opus Corporation ,(Venture). To acquaint myself with this project and to provide me with the background information necessary to complete the analysis, I met with Mr. Gordon Hughes, Executive Director of the Edina Housing and Redevelopment Authority and reviewed the proposed Schemes A and B North and South from the Venture. I also reviewed_ the BRW proposed land use alternatives for the District and the Regis Headquarters Site (Regis Site). Mr. Hughes -also provided me with the latest traffic counts available to the city for Vernon Avenue and Eden Avenue surrounding the District. My research also included a meeting with Mr. Christopher Fox, Senior.Vice President of Real Estate for Regis Corporation and Mr. Jeff Essen, Vice President of Opus Corporation and Ms. Christine Peterson, Project Director for Opus Corporation. It is my understanding that the Regis Site of approximately five acres is zoned commercial and that Regis Corporation requires additional office space for their own use and are considering building on their site or relocating and selling their site. Because this site has a higher profile and is better situated with Highway 100 exposure, it must be included in the analysis of the proposed development by the.Venture. Any office or retail development in the District would be impacted by a competing development on the Regis Site. REGIS SITE ANALYSIS The easiest option for the Regis Corporation would be to convert the Biltmore Bowl into 33,000 square feet of office with adjacent parking. This would be the most economical for them and would eliminate the retail potential of the site and also any high -rise office structure. However, it would not maximize the site to the highest and best use, create the best tax base for the city or provide an architectural focal point at the entrance -way to the city of Edina. As a second option, Regis could plan to develop their site into a high - rise - office in two phases totaling approximately 150,000 square feet and occupy approximately one -half of the space. The city could - eliminate Arcadia Street and focus access of Hopkins Road at a signalized intersection. If Regis did not plan any retail space in the development, it would be compatible with the proposed retail development by the Venture-. •.:emw. a � Vii. /8 a in:emsfenes Cowmu at A third option for Regis would be to move their offices from the site to another location within the city of Edina (they are the largest company based'in Edina) and sell, develop or joint venture the development of their site. With the present zoning on the site, this could be retail or office and might be competitive with the proposed development by the Venture and existing retail space in Jerry's Shopping Center. The purchase of the Regis site by the city of Edina, and relocation of its City Hall and Community Center to this site near their maintenance garage, would eliminate the potential of the competitive development. DISTRICT SITE ANALYSIS Scheme A South of the first phase of the retail development submitted by the Venture proposes a one -level shopping center of 82,025 square feet with a potential lower level of 40,000 square feet devoted to the bus garage for the city and a four - screen 17,000 square foot theater. This plan is within the boundaries of the distrf zt south of Eden Avenue, essentially taking up the Lewis site and the Kunz Oil site. Scheme B South includes a West parcel outside of the District currently occupied by First Minnesota which would add potential for 12,050 square feet of additional retail space. Schemes A and B South of Eden Avenue would thus total 94,075 square feet of retail on grade plus 17,000 square feet of theater and 40,000 square feet for the bus garage on the lower level. The Venture proposal for Scheme A North, or an expansion of the present Jerry's Shopping Center, would add 15,000 square feet for Jerry's Supermarket expansion, and either a four -story office structure totaling approximately 84,750 square feet.or Scheme B which would entail a 15,000 square foot Jerry's expansion and a one -level office /retail expansion of 18,500 square feet, for a total of 33,850 square feet. Both schemes would require a two -level ramp below the expanded facility plus surface parking. In discussion with Mr. Essen and Ms. Peterson of Opus` Corporation, I expressed concern that the retail development in Scheme A South appeared to rely on the theater as its only anchor tenant. The theater, in fact, is not proposed to have access or parking from the main level, but rather only from Eden Circle on the lower level. My concern is twofold: First, is access off Eden Circle adequate and will it actually be used by the public to patronize the theater? Its location is not very visible to traffic on Vernon Avenue. Second, is the 17,000 square foot theater an adequate anchor for a 97,025 square foot shopping center, excluding the bus garage? Mr. Essen and Ms. Peterson agreed that the theater would not provide the anchor tenant the center requires, and said they plan to find one or two anchor tenants for the endcap spaces of the shopping center on the main level. This -would undoubtedly require modification to the proposed site plan to deepen the retail space for the anchor store. However, in so doing, it may tend to block the visibility of the balance of small tenant area in the shopping center. In addition,,a second means of egress for the small tenant area must be dealt with, as back doors are not possible because of the elevation difference. My suggestion would be that the theater be eliminated from the lower level altogether and in fact no retail space built on the lower level. If it becomes necessary or is deemed desirable to have the theater as a tenant in the development, then I believe it should be free - standing and separate from the balance of the shopping center. Traditional retail stores and theaters are not compatible unless they are separated because they compete for the same parking and the theater patrons monopolize the parking spaces for two hours or more in the evenings and on weekends when the shopping center should be busiest. The proposed tenant mix for the shopping center will probably not be traditional retail stores found in the Southdale Center area or boutique -type stores such as those found at 50th and France Avenue. Also, any popular priced or discount store retailer would not be appropriate in the development. Therefore, the tenant mix should probably be oriented to destination specialty stores and service and convenience oriented stores to serve the strong trade area west of Highway 100. CONCLUSIONS AND RECOMMENDATIONS The District site as a retail development should function and be successful under the following conditions: First, development of the Regis Site plan must be determined and not be predominately retail; second, the Venture's plan for the South Scheme should only be developed with two anchor tenants of at least 15,000 square feet or more; third, the theater should be eliminated from the development because it is questionable whether it will be successful on the lower level. If it is placed on the main level it will not act as an anchor for the retail development; fourth, the West parcel (First Minnesota site) should not be added to Scheme A since it is too remote and does not add anything to the proposed development and may in fact obstruct visibility of the proposed development. The expansion of Jerry's,Supermarket under the Scheme A North plan should be encouraged, as Jerry's provides a focal point for the entire retail project. If the District was expanded to include the clinic parcel, then the office proposed in Scheme A North could be used in part for the clinic physicians and their parcel used to provide improved parking and visibility for the expansion. The city should consider granting the Venture an option on the District site for approximately six months in order to resolve the site plan, find two anchors for the retail project and pre -lease the entire center to an acceptable level of approximately 60$. This will ensure the center is properly designed and that there is a market for the retail space. The City should also work with Regis Corporation during this option period to determine their development plans and ensure that they are not competitive with the proposed development by the Venture in the District. The city should try to obtain a commitment from Jerry's for their expansion under the Scheme A North plan within a reasonable time period to complete the overall development. With these safeguards, this project as a retail center should be successful. BUDGET ASSUMPTIONS - SCENARIO 1 1992 BUDGET ASSUMPTIONS -SUMMARY - ACTUAL BUDGET BUDGET 1990 1991 1992 SCENARIO USED 1 TOTAL REVENUES 12,725,988 13,577,622 13,933,262 TOTAL EXPENDITURES 12,948,404 13,577,622 13,933,262 TAX DOLLARS 9,839,663 10,384,072 10,611,261 TAX -- DOLLAR -- INCRSE 484,967 544,409 202,189 LEVY LIMIT BELOW 19 % INCREASE TAX $ 6.50% 5.53% 2.24% EXPENDITURE INCREASE 4.60% 4.28% 2.62% 1992 BUDGET ASSUMPTIONS - PROPOSED EXPENDITURES - ACTUAL BUDGETED ASSUMP % PROPOSED 1990 1991 INCRSE 1992 SALARIES 7,135,806 7,265,940 3.00% 7,483,918 CONTRACTUAL SVCS. 1,862,365 1,827,403 3.00% 1,882,225 COMMODITIES 576,335 663,940 4.00% 690,498 CENTRAL SERVICES 2,708,096 2,864,192 .00% 2,864,192 EQUIPMENT 665,802 956,147 .00% 956,147 NEW PROGRAMS 56.282 12,948,404 13,577,622 2.62% 13,933,262 % INCREASE BUDGET 92 2.62% 1992 BUDGET ASSUMPTIONS - PROPOSED REVENUES - ACTUAL BUDGETED ASSUMP % PROPOSED 1990 1991 INCREASE '1992 TAXES 9,839,663 10,409,072 10,636,261 LICENSES & PERMITS 874,298 745,050 1.50% 756,226 FEES & CHARGES 1,617,104 2,006,500 2.00% 2,046,630 INTERGOVERNMENTAL AI 394.923 417.000 18.50 %* 494.145 TOTAL REVENUES 12,725,988 13,577,622 2.62% 13,933,262 * INTERGOVERNMENTAL REVENUE INCLUDES AN ADDITIONAL 100,000 FOR STATE HIGHWAY TAX FUNDS '.t BUDGET ASSUMPTIONS - SCENARIO 1 1992 B BUDGET A ASSUMPTIONS - EXPENDITURE D DISTRIBUTION - ACTUAL B BUDGETED - P PROPOSED 1990 1 1991 1 1992 SALARIES 5 55.11% 5 53.51% 5 53.719 CONTRACTUAL SVCS. 1 14.38% 1 13.46% 1 13.51% COMMODITIES 4 4.45% 4 4.89% 4 4.96% CENTRAL SERVICES 2 20.91% 2 21.09% 2 20.56% EQUIPMENT 5 5.14% 7 7.04% 6 6.86% NEW PROGRAMS . .40% 100.00% 1 100.00% 1 100.00% 1992 B BUDGET A ASSUMPTIONS - REVENUE D DISTRIBUTION - - A ACTUAL B BUDGETED P PROPOSED 1990 1 1991 1 1992 TAXES 7 77.32% 7 76.66% 7 76.349 LICENSES & PERMITS 6 6.87% 5 5.49% 5 5.43% FEES & CHARGES 1 12.71% 1 14.78% 1 14.69% INTERGOVT AID 3 3.10% 3 3.07% 3 3.55% 100.00% 1 100.00% 1 100.00% PROPOSED NEW PROGR'AMS - NEW PROGRAMS -91 SCENARIO 1 SCENARIO 2 SCENARIO 3 ADJUSTMENTS: 1 CODIFICATION (10,000) (10,000) (10,000) ELECTIONS• 2 PRES. ELECTION 50,000 50,000 50,000 3 PRES. PRIMARY 17,500 17,500 17,500 4 REDISTRICT REIMB. ? ? ? ? ?? ? ? ? ? ?? ? ?. ? ? ?? 5 CAPITAL PLAN PERSONAL SERVICES: 6 STEP PROG. /RECLASS 7 FLEX PLAN INCREASE 8 PERA /FICA 9 EMPLOYEE SAFETY DIV PAGE 1 SUBTOTAL A 0 84,000 84,000 84,000 68,400 68,400 68,400 27,382 18,255 27,382 (50,000) (50,000) (50,000) 187.282 178.155 187.282 5 CAPITAL PLAN PERSONAL SERVICES: 6 STEP PROG. /RECLASS 7 FLEX PLAN INCREASE 8 PERA /FICA 9 EMPLOYEE SAFETY DIV PAGE 1 SUBTOTAL A 0 84,000 84,000 84,000 68,400 68,400 68,400 27,382 18,255 27,382 (50,000) (50,000) (50,000) 187.282 178.155 187.282 26 RECYCLING UTILITY 1 (160,000) TOTAL NEW PROGRAMS 56,282 47,155 (103,718) BUDGET ASSUMPTIONS - SCENARIO 1 - PROPOSED NEW PROGRAMS - PAGE - 2 SCENARIO 1 SCENARIO 2 SCENARIO 3 FINANCE /ASSESSING: 10 LOGIS INCREASE 12,000 12,000 12,000 FIRE DEPARTMENT: 11 OVERTIME 12 CONTR. SERVICES 13 DATA PROCESSING 14 COMMODITIES 15 HAZ. MATERIALS 16 PROTECT. EQUIP. ` 17 EQUIP. REPLACE 18 NEW EQUIPMENT 19 OUT OF CLASS PAY 20 PAID ON CALL FF PAGE 2 SUBTOTAL 12.000 12.000 12.000 - PROPOSED NEW PROGRAMS - PAGE - 3 SCENARIO 1 SCENARIO 2 SCENARIO 3 - DEPT. CUTBACKS: 21 PARK DEPT (34,000) (34,000) '(34,000) 22 STREET DEPT (34,000) (34,000) 34,000) 23 ENGINEERING (15,000) (15,000) 15,000) 24 POLICE (45,000) (45,000) (45,000) 25 MANAGER CUTS (15,000) (15,000) (15,000) 26 RECYCLING UTILITY 1 (160,000) TOTAL NEW PROGRAMS 56,282 47,155 (103,718) (R ' '1 BUDGET ASSUMPTIONS - SCENARIO 2 1992 BUDGET ASSUMPTIONS - SUMMARY - ACTUAL BUDGET BUDGET 1990 1991 1992 SCENARIO USED 2 TOTAL REVENUES 12,725,988 13,577,622 13,851,475 TOTAL EXPENDITURES 12,948,404 13,577,622 13,851,475 TAX DOLLARS 9,839,663 10,384,072 10,529,475 TAX DOLLAR INCRSE 484,967 544,409 120,403 LEVY LIMIT BELOW 81,805 % INCREASE TAX $ 6.50% 5.53% 1.45% EXPENDITURE INCREASE 4.60% 4.28% 2.02% 1992 BUDGET ASSUMPTIONS - PROPOSED EXPENDITURES - ACTUAL BUDGETED ASSUMP % PROPOSED „1990 1991 INCRSE 1992 SALARIES 7,135,806 7,265,940 2.00% 7,411,259 CONTRACTUAL SVCS. 1,862,365 1,827,403 3.00% 1,882,225 COMMODITIES 576,335 663,940 4.00% 690,498 CENTRAL SERVICES 2,708,096 2,864,192 .00% 2,864,192 EQUIPMENT 665,802 956,147 .00% 956,147 NEW PROGRAMS 47.155 12,948,404 13,577,622 2.02% 13,851,475 % INCREASE BUDGET 92 2.02% 1992 BUDGET ASSUMPTIONS - PROPOSED REVENUES - ACTUAL BUDGETED ASSUMP % PROPOSED 1990 1991 INCREASE 1992 TAXES 9,839,663 10,409,072 10,554,475 LICENSES & PERMITS 874,298 745,050 1.50% 756,226 FEES & CHARGES 1,617,104 2,006,500 2.00% 2,046,630 INTERGOVERNMENTAL AI 394.923 417.000 18.50 %* - 494.145 TOTAL REVENUES 12,725,988 13,577,622 2.02% 13,851,475 * INTERGOVERNMENTAL REVENUE INCLUDES AN ADDITIONAL 100,000 FOR . STATE HIGHWAY TAX FUNDS rk t �4 BUDGET ASSUMPTIONS - SCENARIO 2 1992 BUDGET AS.SU'MPTI0NS - EXPENDITURE DISTRIBUTION - - PROPOSED NEW PROGRAMS - NEW PROGRAMS -91 SCENARIO 1 SCENARIO 2 . SCENARIO 3 ADJUSTMENTS: 1 CODIFICATION (10,000) (10,000)" (10,000) ELECTIONS• 2 PRES. ELECTION 50,000 50,000 50,000 3 PRES. PRIMARY 17,500 17,500 17,500 4 REDISTRICT REIMB. 7777?? ? ? ???? 7777 ?7 5 CAPITAL PLAN PERSONAL SERVICES: 6 STEP PROG. /RECLASS 7 FLEX PLAN INCREASE 8 PERA /FICA 9 EMPLOYEE SAFETY DIV PAGE 1 SUBTOTAL 0 0 84,000 84,000 84,000 68,400 68,400 68,400 27,382 18,255 27,382 (50,000) (50,000) (50,000) 187.282 178.155 187.282 ACTUAL B BUDGETED P PROPOSED 1990 1 1991 1 1992 SALARIES 5 55.11% 5 53.51% 5 53.519 CONTRACTUAL SVCS. 1 14.38% 1 13.46% 1 13.59% COMMODITIES 4 4.45% 4 4.89% 4 4.99% CENTRAL SERVICES 2 20.91% 2 21.09% 2 20.68% EQUIPMENT 5 5.14% 7 7.04% 6 6.90% NEW PROGRAMS . .34% 100.00% 1 100.00% 1 100.00% 1992 B BUDGET A ASSUMPTIONS - REVENUE D DISTRIBUTION -• ACTUAL B BUDGETED P PROPOSED 1990 1 1991 1 1992 TAXES 7 77.32% 7 76.66% 7 76.209 LICENSES & PERMITS 6 6.87% 5 5.49% 5 5.46% FEES & CHARGES 1 12.71% 1 14.78% 1 14.78% INTERGOVT AID 3 3.10% 3 3.07% 3 3.57% 100.00% 1 100.00% 1 100.00% PROPOSED NEW PROGRAMS - NEW PROGRAMS -91 SCENARIO 1 SCENARIO 2 . SCENARIO 3 ADJUSTMENTS: 1 CODIFICATION (10,000) (10,000)" (10,000) ELECTIONS• 2 PRES. ELECTION 50,000 50,000 50,000 3 PRES. PRIMARY 17,500 17,500 17,500 4 REDISTRICT REIMB. 7777?? ? ? ???? 7777 ?7 5 CAPITAL PLAN PERSONAL SERVICES: 6 STEP PROG. /RECLASS 7 FLEX PLAN INCREASE 8 PERA /FICA 9 EMPLOYEE SAFETY DIV PAGE 1 SUBTOTAL 0 0 84,000 84,000 84,000 68,400 68,400 68,400 27,382 18,255 27,382 (50,000) (50,000) (50,000) 187.282 178.155 187.282 5 CAPITAL PLAN PERSONAL SERVICES: 6 STEP PROG. /RECLASS 7 FLEX PLAN INCREASE 8 PERA /FICA 9 EMPLOYEE SAFETY DIV PAGE 1 SUBTOTAL 0 0 84,000 84,000 84,000 68,400 68,400 68,400 27,382 18,255 27,382 (50,000) (50,000) (50,000) 187.282 178.155 187.282 I� BUDGET ASSUMPTIONS - SCENARIO 2 - PROPOSED NEW PROGRAMS - PAGE - 2 SCENARIO 1 SCENARIO 2 SCENARIO 3 FINANCE /ASSESSING: 10 LOGIS INCREASE 12,000 12,000 12,000 FIRE DEPARTMENT: 11 OVERTIME 12 CONTR. SERVICES 13 DATA PROCESSING 14 COMMODITIES 15 HAZ. MATERIALS 16 PROTECT. EQUIP 17 EQUIP. REPLACE 18 NEW EQUIPMENT 19 OUT OF CLASS PAY 20 PAID ON CALL FF TOTAL NEW PROGRAMS 56,282 47,155 (103,718) ------ - - - - -- ------- - - - - -- ------- - - - - -- ------------ ------- - - - - -- ------- - - - - -- PAGE 2 SUBTOTAL 12.000 12.000 12.000 - PROPOSED NEW PROGRAMS - PAGE - 3 SCENARIO 1 SCENARIO 2 SCENARIO 3 DEPT. CUTBACKS: 21 PARK DEPT 34,000) (34,000) (34,000 22 STREET DEPT 34,000) (34,000) 34,000) 23 ENGINEERING 15,000) (15,000) M,000) 24 POLICE 45,000) (45,000) (45,000) 25 MANAGER CUTS (15,000) (15,000) (15,000) 26 RECYCLING UTILITY (160,000) TOTAL NEW PROGRAMS 56,282 47,155 (103,718) ------ - - - - -- ------- - - - - -- ------- - - - - -- ------------ ------- - - - - -- ------- - - - - -- e i BUDGET ASSUMPTIONS - SCENARIO 3 1992 BUDGET ASSUMPTIONS -SUMMARY - ACTUAL BUDGET BUDGET 1990 1991 1992 SCENARIO USED 3 TOTAL REVENUES 129725,988 13,577,622 139773,262 TOTAL EXPENDITURES 12,9489404 13,577,622 13,773,262 TAX DOLLARS 9,839,663 10,384,072 10,451,261 TAX DOLLAR INCRSE 484,967 5449409 42,189 LEVY LIMIT BELOW 160,019 % INCREASE TAX $ 6.50% 5.53% .70% EXPENDITURE INCREASE 4.60% 4.28% 1.44% 1 9 9 2 B U D G E T ASSUMPTIONS - PROPOSED EXPENDITURES - ACTUAL BUDGETED ASSUMP % PROPOSED !,1990 1991 INCRSE 1992 SALARIES 7,135,806 79265,940 3.00% 7,483,918 CONTRACTUAL SVCS. 1,862,365 1,827,403 3.00% 1,882,225 COMMODITIES 5769335 663,940 4.00% 690,498 CENTRAL SERVICES 2,708,096 2,864,192 .00% 29864,192 EQUIPMENT 665,802 956,147 .00% 956,147 NEW PROGRAMS (103.718) 12,9489404 13,577,622 1.44% 13,773,262 % INCREASE BUDGET 92 1.44% 1,992 BUDGET ASSUMPTIONS - PROPOSED REVENUES - ACTUAL BUDGETED ASSUMP % PROPOSED 1990 1991 INCREASE 1992 TAXES 9,839,663 10,409,072 10,476,261 LICENSES & PERMITS 874,298 745,050 1.50% 756,226. FEES & CHARGES 1,617,104 2,0069500 2.00% 2,046,630 INTERGOVERNMENTAL AI 394.923 417.000 18.50 %* 494.145 TOTAL REVENUES 12,725,988 13,577,622 1.44% 13,773,262 * INTERGOVERNMENTAL REVENUE INCLUDES AN ADDITIONAL 100,000 FOR STATE HIGHWAY TAX FUNDS (4 1� BUDGET ASSUMPTIONS - SCENARIO 3 1992 BUDGET ASSUMPTIONS - - - EXPENDITURE SCENARIO 1 DISTRIBUTION - ADJUSTMENTS: ACTUAL BUDGETED PROPOSED 1 CODIFICATION 1990 1991 1992 SALARIES 55.11% 53.51% 54.349 CONTRACTUAL SVCS. 14.38% 13.46% 13.67% COMMODITIES 4.45% 4.89% 5.01% CENTRAL SERVICES 20.91% 21.09% 20.80% EQUIPMENT 5.14% 7.04% 6.94% NEW PROGRAMS -.75% 100.00% 100.00% 100.00% 1992 BUDGET ASSUMPTIONS - REVENUE DISTRIBUTION - ACTUAL BUDGETED PROPOSED 1990 1991 1992 TAXES 77.32% 76.66% 76.069 LICENSES & PERMITS 6.87% 5.49% 5.49% FEES & CHARGES 12.71% 14.78% 14.86% INTERGOVT AID 3.10% 3.07% 3.59% 100.00% 100.00% 100.00% - PROPOSED 84,000 NEW PROGRAMS - NEW PROGRAMS -91 SCENARIO 1 SCENARIO 2 SCENARIO 3 ADJUSTMENTS: . (50,000) (50,000) (50,000) 1 CODIFICATION (10,000) (10,000) (10,000) ELECTIONS: 2 PRES. ELECTION 50,000 50,000 50,000 3 PRES. PRIMARY 17,500 17,500 17,500 4 REDISTRICT REIMB. ? ? ? ? ?? ? ? ? ? ?? ? ? ? ? ?? 5 CAPITAL PLAN PERSONAL SERVICES: 6 STEP PROG. /RECLASS 7 FLEX PLAN INCREASE 8 PERA /FICA 9 EMPLOYEE SAFETY DIV PAGE 1 SUBTOTAL 7 0 84,000 84,000 84,000 68,400 68,400 68,400 27,382 18,255 27,382 . (50,000) (50,000) (50,000) 187.282 178.155 187.282 ro it BUDGET ASSUMPTIONS - SCENARIO 3 PROPOSED NEW PROGRAMS PAGE - 2 SCENARIO 1 SCENARIO 2 SCENARIO 3 FINANCE /ASSESSING: 10 LOGIS INCREASE 12,000 12,000 12,000 FIRE DEPARTMENT: 11 OVERTIME 12 CONTR. SERVICES 13 DATA PROCESSING 14 COMMODITIES 15 HAZ. MATERIALS 16 PROTECT. EQUIP 17 EQUIP. REPLACE 18 NEW EQUIPMENT 19 OUT OF CLASS PAY 20 PAID ON CALL FF PAGE 2 SUBTOTAL 12.000 12.000 12.000 - PROPOSED NEW PROGRAMS - PAGE - 3 SCENARIO 1 SCENARIO 2 SCENARIO 3 DEPT. CUTBACKS: 21 PARK DEPT 22 STREET DEPT 23 ENGINEERING 24 POLICE 25 MANAGER CUTS 26 RECYCLING UTILITY TOTAL NEW PROGRAMS (34,000) (34,000) (34,000) (34,000) (15,000) (15,000) (45,000) (45,000) (15,000) (15,000) (34,000 (34,000 (15,000) (45,000) (15,000) (160,000) 56,282 47,155 (103,718) ------ - - - - -- ------- - - - - -- ------- - - - - -- ------------ ------- - - - - -- ------- - - - - -- o� e A • �NroRPOM��J • lase REPORT /RECOMMENDATION To: MAYOR AND COUNCIL MEPIBERS Agenda Item # From: KEN ROSLAND, MANAGER Consent ❑ Information Only 0 Date: NovEPIBER 21, 1991 Mgr. Recommends . ❑ To HRA . Subject: DANCE PERMIT FOR ❑ To Council ARNOLD'S HOT ROXX MUSIC CAFE, 5125 EDINA I . NDUSTRIAL Action ❑ Motion BLVD ❑ Resolution El Ordinance ❑ Discussion Recommendation: Info /Background: Attached is documentation on the subject dance permit application and police reports of incidents at Arnold's Hot Roxx Music Cafe. This is submitted as background information for the Special Council Meeting to be held at 5:00 P.M. this -date. Summary of Events 5125 Edina Industrial Blvd (AMold's Hot Rosa Music Cafe) 09/30/91 Michael Pahn/Roger Moberg apply for a Public Dance Permit to operate weekly Friday /Saturday night dances at Food Fare, 5125 Edina Industrial Boulevard, beginning Friday, October 11. 10/01/91 Edina City Clerk Marcella Daehn contacts Palm/Moberg by certified mail advising them that the Dance Permit has not yet been approved, as certain health and fire code violations have not been corrected. Issuance of the permit is further conditioned upon payment of past due invoice for services provided by police officers working at dances held in June of 1991. 10/03/91 Payment is received from Music Cafes, Inc. in the amount of $595.00 to clear up past -due invoice dated 07/02/91. 10/07/91 City of Edina issues a Public Dance Permit to Arnold's Hot Rbxx Music Cafe for the period from 10/07/91 to 09/30/92, to be reviewed for continuation quarterly. 10/19/91 '[Edina Police case number 91017151- -8:42 p.m.] Edina Police officers respond to 5125 Edina Industrial Blvd during a Saturday night dance. Three juvenile males who had. been asked to leave were still in the parking lot. 10/19/91 [Edina Police case number 91017160 - -11:58 p.m.] Edina Police officers are called to 5125 Edina Industrial Boulevard by an employee of Norwest Business Travel. A dance is . in progress and the employee, concerned for her personal safety, requests to be walked to her vehicle. 11/13/91 Edina Police officers are notified that the Friday night dances at 5125 Edina Industrial Boulevard have been canceled. 11/16/91 [Edina Police case number 91018978 - -10:38 p.m.] Edina Police are called to 5125 Edina Industrial Boulevard to assist officers working security at the Saturday night dance. A fight is in progress in the parking lot. Five additional officers respond. One juvenile is arrested for Disorderly Conduct. PAGE TWO 5125 Edina Industrial Boulevard - Arnold's Hot Roxx Music Cafe 11/16/91 [Edina Police case number 91018980 - -11:15 p.m.] Edina Police officers again respond to 5125 Edina Industrial Boulevard, where officers on the scene report another fight is in progress. Three juvenile males are arrested for Disorderly Conduct. One of the juveniles is in possession of a knife. -- Officers report having to break up several fights both inside and outside the complex. 11/17/91 [Edina Police case number 91018985- -4:51 a.m.] Edina Police receive a report of an assault that occurred at approximately 11:00 on 11/16/91 in the parking lot at 5125 Edina Industrial Boulevard Three juveniles say they had been surrounded by 20 -30 males and physically assaulted. 11/20/91 Edina City Manager Ken Rosland notifies the Police Department that all scheduled dances at 5125 Edina Industrial Boulevard have been suspended effective immediately. Note: The attached police reports have been edited to comply with Minnesota State Data Privacy requirements. Liceri�,e No. Date ii aaf� v ''m 'iiiiC�(L .. h� Name of Establishment Address ��� IN Type of License Desired Description of Operation X CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 APPLICATION FOR LICENSE UNIVERSAL FORM (Zip Code)" PUBLIC DANCE PEPVIT i X' X Dent. Approvedil Date Police C - Fire = _ -' =^ � ` 6 Health / ii' 1� IBuildin Owners (if Plannin list principal officers): IPark Name (1) Council Bi rthdate 4cclerk it M r Full Middle Last Month, day and year) -1 7� Phone No. i u F K4 Z07 iMV-A( 10TE: THIS APPLICATION CANNOT BE PROCESSED UNLESS ALL REQUIRED INFORMATION IS PROVIDED. Name of Manager >11U Irirst) (I-�II Middle) (Last)( (Person directly r sponsible for operation) Address of Manager 5�Z�7 . tie )�j L— 70?R Phone No. / Birthdate of Manager (Month, day and year) References: (1) Name ZG Z. I Phone No. (Local) Address �5 2 L&AJ( L �1(AT. (2) Name ��(252� Phone No. 2-71 —92.27 Address Owners (if orporation, list principal officers): J�14'� Name (1) DG �Zc Bi rthdate First Full Middle Last Month, day and year) Address 5-77-2 —T�tL L�6 Phone No. 'iferences : (1) Name t71D (AJ4 �c -C�cL Phone No. - -7 � o Local) Address (2) Name �� Y ►V1��I _ Phone No. Z%— 5N,,j Address Application Fot License Name (2) Address ' 5" References: (1) Name _ (Local) Address Name (3) Firs Address References: (Local) (2) Name Address � 74o U ✓� Page Two Birthdate Jz,4 (Month, day and year Phone No. Phone No. one No. Birthdate N11 Miaaie Last (Month( day and year) V 5 ��Ll� j"7G,� Phone No. (1) Name �� c�c��'3 55 3 Phone No. g-71— 5-72-7 Address (2) Name Address ��.A, - kl 2F:-- � Phone No. Has the applicant, or if the applicant be a partnership, the partners if the applicant be a. corporation, the principal officers and managers, and the named m ager ever been convicted of a criminal offense other than a traffic offense? If.so, state the information as to the time, place and nature of such o ense: I, -being duly sworn on oath, depose and say that the statements herein are true to the best of my knowledge and belief. I have read and understand all laws and ordinances pertaining to the operation of the above listed establishment in the City of Edina. It is agreed to notify the City Clerk in writing within 48 hours of any changes of the above listed personnel. I understand that any payment submitted with this application will be promptly deposited by the City, but such deposit shall not-constitute acceptance of the application by the City and the applicant must meet all requirements for the license p r issuance. Date App icant s �ipnature License Fee.Enclosed $ Manager's Signature Signed and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, as to this day of - I19G 1 I-� r ---------- 1 0,-* Fps Se'll— S� Jr )+ I zT4 19 �T+ m � - ?ins ► c«, ��-7 -f ov1�,'- g N F�?_ 7 ¢.D �z3 7-7 -7 e 17 13�'+ T -r 4TT C-\,\,Q-v-, -,rvv� ?47-� 3�5i 21vrn J Form SP:C1 State of Minnesota License Applicant Information Under Minnesota law (M.S. 270.72), the agency issuing you this license is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the Social Security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we must advise you that: • This information may be used to deny the issuance, renewal or transfer of your license 0 you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; • The licensing agency will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Act, the Department of Revenue is allowed to supply this information to the Internal Revenue Service; • Failing to supply this information may jeopardize or delay the issuance of your license or processing your renewal application. Please fill in the fnllowing information and return this form along with your application to the agency Issuing the license. Do not return this form to the Department of Revenue. Please print or type Name of license being applied for and licensl m,Abe^r icensing Authority (name of city, county, or gate agency issuing uc Personal information: Applicant's last nailpe First name and initial octa �Sern��7ber x75- 87- Applicant's a r �� //�� sty� fate n /I ip Business information (if applicable): Business name Business a ress �ry fate Lip Gode %�v 5r� lA � 553� Minnesota tax identification number Feclei0al tax identilicatton number If a Minnesota tax ! e t cationjnum s n t required, please explain on the reverse side of this ;FZ0 V \ — S �-cSzF-�tL -r k 1 3/1/89 PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE Minnesota Statute Section 176.182 requires every state and local licensing `agency to withhold the issuance or renewal of a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Section 176.181, Subd. 2. The information required is: The name of the insurance company, the policy number, and dates of coverage or the permit to self - insure. This information will be collected by the licensing agency and put in their company file. It will be furnished, upon request, to the Department of Labor and Industry to check -for compliance with Minnesota Statute Sec. 176.181, Subd. 2. This information is required by law, business may not be issued or renewed if it reported. Furthermore, . if this inform reported, it may result in a $1,000 penalty Commissioner of the Department 'of labor Compensation Fund. and licenses and permits to operate a is not provided and /or is falsely ation is not provided and /or falsely assessed against the applicant by the and Industry payable to the Special Provide the information specified above in the spaces provided, or certify the precise reason your business is excluded from compliance with the insurance coverage requirement for workers' compensation. Insurance Company Name: (NOT the insurance agent Policy Number or Self - Insurance Per it Number: °( H Dates of Coverage: 3Ict I — �J,-:; N - (or) 5— I am not required to. have workers' compensation liability coverage because: ( ) I have no employees covered by the law. ( ) Other (Specify) I HAVE READ AND UNDERSTAND MY RIGHTS AND OBLIGATIONS WITH REGARDS T0, BUSINESS LICENSES, PERMITS AND WORKERS' COMPENSATION COVERAGE, AND I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. Etc. NC— Business Name Signature of Applicant JA /lc (J) 7/87 APPLICATION FOR LICENSE INVOLVING PRIVATE OR CONFIDENTIAL INFORMATION (Tennessen Warning) IN CONNECTION WITH YOUR REQUEST FOR A LICENSE THE CITY HAS ASKED THAT YOU PROVIDE IT WITH INFORMATION ABOUT YOURSELF WHICH IS CLASSIFIED AS EITHER PRIVATE OR CONFIDENTIAL BY THE MINNESOTA GOVERNMENT DATA PRACTICES ACT (M.S.A. 13.04). ACCORDINGLY, THE CITY IS REQUIRED TO INFORM YOU OF THE FOLLOWING: 1. The purpose and intended use of the information requested is: To determine if you are eligible for a license from the City of Edina. 2. You are not legally obligated to supply' the requested information. 3. The known consequences of supplying the requested, information is: The information, or further investi- gation could disclose information, which could cause your application to be denied. 4. The known consequences of refusing to supply the requested information is: Your request for a license cannot be processed. 5. The following persons and entities are authorized by law to receive the information if provided: Staff of Edina Police Department, Bureau of Criminal Apprehension, Hennepin County Warrant Office, Ramsev County Warrant Office, State of Minnesota - Driver License Section, Hennepin County Auditor, Other governmental agencies necessary to process your application. The undersigned, by signing this notice, acknowledges that he /she has read and understood t e contents of this notice and has received a copy of this notic Date: 1 Signature INPM. Conlete Rama i ilrld When a dd 00000ifisas re fired, t vo-M address in tha:•" RETURI TO` Space .tin the reverse aide ra re to ad this 1, 7r Show fo whom dethroted, date and addressee's addrtles 4 3 Rgatricted..vat very T Ce - td 4., A ola Number 11Tr of E D I NA .chisel•' Palm _ Tae of Service: Aknold ll s Hot Roxxcusic Cafe U Re�i Bred Ina ed •i801 WEST 50TH STREET. ED NA. MINNESOTA 5542 612 -927 -8861 5135-'Industxia iv& - Deft1hed pcoy Edi11a� EtrpraseMeil forth rehandiae.` Alwaya obtain signature of addressee," t ot,egent and DATE b9.NERED., S: 1 g. 8. AAddieted e'b i Pte/ (ONLY if, . S. Signetur6 - "Agent , 7. Date qf DelivBry October 1, 1991 PS Form 381 Apr. 1989' #lie.riPd 1989.23a-s15 DOMESTIC RETURN RECEIPT Michael Palm Roger Moberg Dan Stevens Arnold's Hot Roxx Music Cafe 5125 Industrial Boulevard Edina, MN 55439 - Re: Application for Public Dance Permit Gentlemen: This is--to advise you that the application for a permit for dances to begin October 5, 1991, per schedule submitted, has not been approved by the City's Fire Department or Health Department. I have been informed by Inspector Steve Landry and Assistant Sanitarian Elliot Marston that your establishment is in violation of both health and fire codes which need to be corrected before the City will consider issuing the permit. Issuance of the permit is further conditioned on payment of the past due invoice for services provided by reserve police officers. Sincerely yours, Marcella M. Daehn City Clerk CERTIFIED MAIL bcc: Deputy Chief Kleven Inspector Landry Asst. Sanitarian Marston i�� {.r N� 1 �� ; iYj. � t!, � -4 ; 'fN '!1 #6 ^rTi ty. I"c +�= • •: T ..��'i`t''`� fry? }. , . --• _ - _. �u....� , �YSi• "..i�..]dr'Jr�a.......�..e ' jr... - a nMOteat NO. PD 91 -2 7 -2-91 Michael Pala SOLD 5308 Oaklawn Avenue .Mow= To Edina, M0 55424 T° OUR 0/00 No. TOY/ O/o0 No. I TORN/ NR MO DISCOUNT /O /NIM WA I Mo. O/ COLA- QUANTITY D R O C R I P T I O N PRICE AMOUNT billing for work by off duty officers 6/29/91 Officer S. Kuyper - 2} hours at $35.00 per hour $ 87.50 Officer E. Amundson - 2j hours at $35.00 iper hour $87.50 6/15/91 Officer B. Deshler - 3 hours at $35.00 per hour $105.00 Officer S. Euyper - 3 hours at $ 35.00 per hour $105.00 Sgt. S. Marston - 3 hours at $35.00 per hour $105.00 Officer E. Amundson - 3 hours at $35.00 per hour $105.00 TOTAL $595.00 please make check payable to the City of edina attention: Depity Chief Kleven, please note invoice number also. thank you............ MUSIC CAFES, INC. 5125 EDINA INDUSTRIAL BLVD. EDINA, MN 55439 1179 b 1,3 19 I 77_7092/2913 PAY TO THE ORDER OF C�t � I FEDERAL BANK 161W Tiff HWnAMS RNAM3& CDM .6Ll —w �(' / 71aN.rs.u.lt>,t.MnY , tNyor FOR 11900 1 A- 79ne is 29 L 3 709 2 0: z 4&'�n 94 L69 2 20 1 c -- DOLLARS 1 r VILLAGE OF EDINA N° STATE OF MINNESOTA 35.00 00 COUNTY OF HENNEPIN ss LICENSE Fee Paid $ VILLAGE OF EDINA THIS WILL CERTIFY THAT, Pursuant to Statute and the Ordinances of the Village of Edina, Name ARNOLD'S HOT P03M ?MUSIC CAFE f Address 5125 INDUSTRIAL BLVD. EDINA 121 55435 having complied with all requirements of the Statutes, and Ordinances of the Village necessary for obtaining ' PUBLIC DANCE PEWfIT — PER SCMMLTLE SUB`TITTED this license, is hereby granted a at cc ARNOLD'S HOT P,OXX :IUSIC CAFE 5125 INDUSTRIAL BLVD. EDINA '�Li 55435 IL ° * * *TO BE REVIEWHD TOR CONTT11 ATIC11 QUARTERLY ** " 6 for the period from the LA. 7th day of October 19 91 to the 30th day of September g unless sooner revoked, subject to all the cond' ions and provisions of said Statutes and Ordinances. October 7. 19 91 �Q. lage Manager PB ICR # 9 10 6 / 15 1�j ? , UOC DATE REPORTED /C' 1 / LOCATION: — C APT # COMPLAINANT NAME: �al� —S�`� TELE: ADDRESS: INCIDENT: L— SRC: GRID: DISPATCHER: 3021 TYPE OF LOCATION: TIMES REC)D��� /DIISSP: ARR: �TRAN STRT: END: ' CLR,: 1Z.O OFFICER:. 1L DISPOSITION: RPT: 'y REMARKS: �J.V¢y..l�S �3 ACS (c:�{"L• S FIRE /RESC: TOW: SHIFT: _ UOC #2 DATA ENTRY: POSSF.2(t � CJRS EPD 0130 2184 ICR # CN- vc , —, UOC ""EltrD DATE REPORTED \0 • �. '2'- N LOCATION: APT # COMPLAINANT NAME: _TELE: ADDRESS: INCIDENT: SRC:. DISPATCHER: TYPE OF LOCATION: 6C,7_7 - - S P: ARR: 7 TRAN STRT: — END: — CLR: 'ABC TIMES RECD: ��- D I S OFFICER. 2� - DISPOSITION: R PT: REMARKS: '5,0AlP QS C-\ FIREiRESC: —TOW: —SHIFT: UOC #2— DATA ENTRY: POSSE JRS EPD 0130 2/84 On 11/16/91, 2238 hours, I arrested the defendant for Disorderly Conduct in the parking lot of 5125 Edina Industrial Boulevard. I was on duty part -time dance security at Arnold's Restaurant at 5125 Edina Industria Boulevard. Mike Palm, Owner, (871'-2727), sponsors teen dances on a weekly basis. I observed - a fight in Rrogress in the northeast- sec.ticxi_ of --the' a` `'n -lot and called for my partner, Officer Eidem. Officer Eidem�c'alledlf'br back-6 from t, �=auty shift, did not respond to my orders and again tried to fight with another individual. I attempted to subdue defendant, who fought with me, and another unknown juvenile pulled me away f defendant. I freed myself and handcuffed defendant an( 5. RELEASED, NO FORMAL CHARGE II 6. TURNED OVER TO OTHER AGENCY, WHO? II 8. REFERRED TO JUVENILE COURT D. JUVENILE HANDLED '. "111 DEPT, !R Q, RI W — WHITE J — JAPANESE PERSON CHARGED SS-STATE STATUTE SUPP N —NEGRO C — CHINESE 1. ARRESTED. HELD FOR PROSECUTION OR- ORDINANCE I — INDIAN O— OTHER TT- FEDERAL TITLE 2. SUMMONED /NOTIFIED OR CITED �O OT -OTHER _ O COMPLAINT NUMBER EDINA POLICE DEPARTMENT OFFENSE, INCIDENT, CHARGE 00 JUVENILE REPORT 91018978 MN0270600 DISORDERLY CONDUCT 00 DATE OCCURRED TIME OCCURRED LOCATION OF OCCURRENCE _ 11/16/91 2238 1 5125 Edina Industrial Boulevard DATE RECEIVED TIME RECEIVED OFFICER(S) APPROVED BY 11/16/91 2238 Officers Maltby 4105 E' a 12 NAME OF BUSINESS ADDRESS PHONE VICTIM /COMPLAINANT (LAST) (FIRST) (MIDDLE) HOME ADDRESS PHONE Police 925 -2242 DEFENDANT (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP CTY. PHONE Juvenile PSN D.O.B. AGE HEIGHT W E I G HT E YES HAIR COMPLEXIONS X RA D.L. NO 10/06/74 17 1911 150 I Brn 1Blk iMediu I MOTHER'S NAME (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE FATHER'S NAME (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE CHILD LIVES WITH: SCHOOL NAME GRADE 0 Parents ❑ Mother ❑ Father ❑ Other, who? DISPOSITION OF PROPERTY DATE /TIME PARENTS NOTIFIED NO, OF PRIOR LIQUOR INVOLVED 11/16 2245 CONTACTS 0 0 (es 30[No MIRANDA GIVEN DOES JUV. ADMIT OFFENSE ATTITUDE: RELEASE INFO. ' BY WHOM: Officer Nibbe 11 Yes )fiiNo ❑Yes xi No I Poor DATE: 11/17 TIME: 0014 TO WHOM:Mother IF VEHICLE INVOLVED, MAKE, YEAR, IV10DEL COLOR LICENtlE STATE GISTERED OWNER, OR DRIVER, IF SAME AS DEF: LEAVE EMPTY - ADDRESS CITY STATE ACCOMPLICES: (LAST) (FIRST) (MIDDLE? 2. (LAST) (FIRST) (MIDDLE) 3. (LAST) (FIRST) (MIDDLE) ISN UOC STATUTE CHARGED I .ARREST DISPOSITION CODE N3030 MN/ L.._qL_S 609.72 ISN UOC STATUTE CHARGED L ARREST DISPOSITION CODE MN/ I I I ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE MN/ I I On 11/16/91, 2238 hours, I arrested the defendant for Disorderly Conduct in the parking lot of 5125 Edina Industrial Boulevard. I was on duty part -time dance security at Arnold's Restaurant at 5125 Edina Industria Boulevard. Mike Palm, Owner, (871'-2727), sponsors teen dances on a weekly basis. I observed - a fight in Rrogress in the northeast- sec.ticxi_ of --the' a` `'n -lot and called for my partner, Officer Eidem. Officer Eidem�c'alledlf'br back-6 from t, �=auty shift, did not respond to my orders and again tried to fight with another individual. I attempted to subdue defendant, who fought with me, and another unknown juvenile pulled me away f defendant. I freed myself and handcuffed defendant an( 5. RELEASED, NO FORMAL CHARGE II 6. TURNED OVER TO OTHER AGENCY, WHO? II 8. REFERRED TO JUVENILE COURT D. JUVENILE HANDLED '. "111 DEPT, !R Q, RI J -• ICR NO: 91018978 OFFENSE: DISORDERLY CONDUCT PAGE: 2 Officer Moir's squad. Defendant was advised he was under arrest for Disorderly Conduct. Officer Moir transported defendant to Edina Police Department and released him to his mother at 0014 hours 11/17/91. I recommend court action. Defendant showed extreme anger. Defendant was yelling "A Crip fighting another Crip ". This was possibly a gang - related incident. Signed: Officer Maltby, #105 SUPPLEMENTAL REPORT Date: 11/17/91 On 11/18/91, I spoke with defendant's mother. She has a good attitude and understands why defendant was arrested. She states prior to police arrival at the scene, defendant was hit in the face by another male. She states he has bruises on his face and scratches on his back. She further states defendant is missing a coat. Officer Moir states both of the dispatchers saw defendant come in without a coat. I did not see defendant with a coat. Signed: Officer Maltby, #105 Date: 11/18/91 w — WHITE J — JAPANESE PERSON CHARGED SS-STATE STATUTE SUPP N. = �NEGhO. �o C— CHINESE ^ 1. ARRESTED, HELD FOR PROSECUTION OR-ORDINANC E I — INDIAN O— OTHER 2. SUMMONED /NOTIFIED OR CITED �, TT- FEDERAL TITLE r, OT -OTHER � 00 COMPLAINT NUMBER EDINA POLICE DEPARTMENT OFFENSE, INCIDENT, CHARGE %�O 00 JUVENILE REPORT 91018980(A) MN0270600 DISORDERLY CONDUCT a DATE OCCURRED TIME OCCURRED LOCATION OF OCCURRENCE v 11/16/91 2315 5125 Edina Industrial Boulevard DATE RECEIVED TIM E RECEIVED OFFICER(S) APPROVED BY 11/16/91 2315 Officers Lon Sgt. Clabo NAME OF BUSINESS -Maltby. ADDRESS PHONE VICTIM /COMPLAINANT (LAST) (FIRST) (MIDDLE) HOME ADDRESS PHONE Police DEFENDANT (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP CTY. PHONE Juvenile JIGHT PSN O.O.B. AGE HEIGHT YES HAIR COMPLEXIONS X RACE D.L. NO. 01 09/28/76 15 516" 145 B n Fa' MOTHER'S NAME (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE FATHER'S NAME (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE CHILD LIVES WITH: SCHOOL NAME GRADE ❑ Parents C3 Mother ❑ Father C3 Other, who? DISPOSITION OF PROPERTY DATE,TIME PARENTS NOTIFIED NO. OF PRIOR LIQUOR INVOLVED CONTACTS 11/16/91 2345 Hrs. , - - El Yes aXXNo MIRANOA GIVEN DOES JUV. ADMIT OFFENSE ATTITUDE: RELEASE INFO. BY WHOM: Officer Nibbe w' es 0 N 5r es C1 No I Fair DATE: 11/17 TIME: 0041 TO WHOM: Uncle IF VEHICLE INVOLVED, MAKE, 'r' EAR, MODEL COLOR LiCEiJS STATE :GISTERED OWNER, OR DRIVER, IF SAME AS DEF: LEAVE EMPTY ADDRESS CITY STATE ACCOMPLICES: (LAST) (FIRST) (MIDDLE! 12. (LAST) (FIRST` (MIDDLE) 3. (LAST) IFIFIST) (MIDDLE: ISN UOC STATUTE CHARGED ARREST DiSPOSITION - CODE N3030 MN/ LS1Sj 609.72 ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE MN/ I 1 I - ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE MN/ I I On 11/16/91, I was dispatched to the Hot Roxx dance hall on a report of a dis- turbance. Upon our arrival, we had to break up numerous fights, both inside and outside the complex. After assisting Officer Eidem in breaki up a fight on the dance floor, the Manager asked me to help him.evict a person he saw fighting:.- He told me this in front of the person (later identified as defendant) he iwaated e)F- ic;ted.; 1- !then -meld defendant to leave and he refused and said he did nodo anything. again asked him to leave and began to escort him 0 S. RELEASED, NO FORMAL CHARGE 116. TURNED OVER TO OTHER AGENCY, WHO? 18. REFERRED TO JUVENILE COURT O- JUVENILE HANDLED W/I DEPT. '? ? �• n ICR NO: 91018980(A) OFFENSE: DISORDERLY CONDUCT PAGE: 2 Once outside, he was told to leave the property. We asked defendant may times to leave. We were trying to clear out the parking lot area, as numerous fights and arguments were taking place. Defendant ignored us and started to become belligerent. He called me names such as "Pig ", "Motherfucker "', and other derogatory names. Officer Maltby and I then began to escort defendant and his group towards the exit of the parking lot where he told us he parked his car. When asked where he was parked, he kept changing answers and saying he didn't have to tell us. Defendant also kept asking who has a video camera. I finally told defendant it was time to leave. He became even more profane and argumentative. At this point his behavior was clearly disorderly and he was placed under arrest. During the arrest process, he resisted and continued to be profane. It took myself and Sgt. Clabo to put handcuffs on defendant. Prior to the arrest, defendant's behavior was clearly alarming and arousing to bystanders, which was upsetting a very fragile situation at this location. I transported defendant to the police station. His attitude changed at the police station and he admitted he was "showing off" to his friends. He did not wish to answer questions in relation to his arrest. Defendant was- released to his uncle. It should also be noted that in between times of being asked to leave, defendant was in a shouting match with a female, which was escalating to a physical confronta- tion until intervention by officers. Defendant was telling a female he was going to "kick her ass" Signed: Officer Long, #129 Date: 11/17/91 W J — JAPANESE PERSON CHARGED SSSTATE STATUTE SUPP N — NEGRO' C— CHINESE OR- OROINANCE 1, ARRESTED. HELD FOR PROSECUTION 1 —INDIAN - O— OTHER 2. SUMMONED /NOTIFIED OR CITED TT ERAL TITLE � OT --OT OT HER COMPLAINT NUMBER EDINA POLICE DEPARTMENT OFFENSE, INCIDENT, CHARGE JUVENILE REPORT 91018980(B) MN0270600 DISORDERLY CONDUCT ­ATE OCCURRED TIME OCCURRED LOCATION OF OCCURRENCE 11/16/91 2315 5125 Edina Industrial Boulevard DATE RECEIVED TIME RECEIVED OFFICER(S) APPROVED BY 11/16/91 2315 Officers Long, Maltby, Sgt. Clabo NAME OF BUSINESS ADDRESS PHONE VICTIM /COMPLAINANT (LAST) (FIRST) (MIDDLE) HOME ADDRESS PHONE Police DEFENDANT (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP CTY. . PHONE Juvenile - PSN D.O.B. AGE HEIGHT, HAIR COMPLEXIONS X D.L. . 2 01/03/76 15 5'5 140 Brn 1Brn I Good M B MOTHER'S NAME (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE FATHER'S NAME (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE CHILD LIVES WITH: SCHOOL NAME GRADE ❑ Parents ❑Mother ❑ Father ❑Other, who( DISPOSITION OF PROPERTY DATE /TIME PARENTS NOTIFIED NO. OF PRIOR LIQUOR INVOLVED 11/17/91 0030 CONTACTS __ El Yes [9 No MIRANOA GIVEN ATTITUDE: RELEASE INFO. BY WHOM: Folice ❑Yes MNo 1DOESJUV.ADMITOFFENSE ❑Yes ®No Poor DATE: 11/17 TIME: 0040 TO WHOM: IF VEHICLE INVOLVED, MAKE, YEAR, MODEL COLOR LICENSE STATE - GISTERED OWNER, OR DRIVER, IF SAME AS DEF: LEAVE EMPTY ADDRESS CIT ACCOMPLICES: (LAST) FIRST) ;.MIDDLE) 2. ;LAST) (FIRST) (MIDDLE) 13. (LAST) (FIRST) (MIDDLE) ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE N3030 MN/ LS SI 609.72 ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE MN/ I I 1 ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE MN/ ( I I On 11/16/91 the above officers had responded to a disturbance call at the Hot Roxx Dance Hall, 5125 Edina Industrial Boulevard. Upon our arrival we had broken up numerous fights and were trying to gain control of the area by clearing out the area of people and cars During the above process, two of defendant's friends were arrested for Disorderly Conduct. Despite his friends being arrested for Di�nkrly Conduct and despite being told to leave the property num,941 It4 e�s W s .� repeatedly approached myself and others in a forceful m er. e p she us46J, seWpr' ane language and called us "pigs ". As all attempts to have defendant leave voluntarily had failed, Sgt. Clabo and I tried to escort defendant (by each holding an arm) to the exit of the parking lot. He continued to swing his arms and tell us he wasn't going anywhere. This behavior was alarming others and getting more and more bystanders from the dance involved in this behavior. 5- RELEASED, NO FORMAL CHARGE 6. TURNED OVER TO OTHER AGENCY, WHO7 8. REFERRED TO JUVENILE COURT D. JUVENILE HANDLED W/I DEPT. (R & R) 11 11 ICR NO: 91018980(B) OFFENSE: DISORDERLY CONDUCT PAGE: 2 We advised defendant to settle down and leave or he would be arrested for Dis- orderly Conduct. His behavior and struggle became increasingly violent. At this point, defendant was placed under arrest. He continued to struggle and use profane language as he was being placed in the squad. By profane language, I mean----- words such as "Fuck you ", "Motherfucker ", etc. Defendant was transported to the police department. His attitude did not change much at the police station. It was very obvious he does not like police officers. He continued to say this all was a joke and he did nothing wrong. He was released to a relative. I would strongly encourage court action on this arrest. It should also be noted that defendant did have a large pocket knife with him. Signed: Officer Long, #129 Date: 11/17/91 W - VV F*rE J - JAPANESE PERSON CHARGED SSSTATE STATUTE SUPP N -NEGRO C- CHINESE 1. ARRESTED, HELD FOR PaOSECUTION OR ORDINANCE I - INDIAN O- OTHER TT- FEDERAL TITLE C" 2. SUMMONED /NOTIFIED OR CITED OT -OTHER O COMPLAINT NUMBER EDINA POLICE DEPARTMENT OFFENSE, INCIDENT, CHARGE CIO JUVENILE REPORT 0'00 .018980(C) MN0270600 DISORDERLY CONDUCT -- TRESPASS ° DATE OCCURRED TIME OCCURRED LOCATION OF OCCURRENCE n 11/16/91 2315 5125 Edina Industrial Boulevard DATE RECEIVED TI ME RECEIVED O APPROVED BY 11/16/91 2315 Officer Maltby #105 NAME OF BUSINESS ADDRESS PHONE VICTIM /COMPLAINANT (LAST) (FIRST) (MIDDLE) HOME ADDRESS PHONE Listed Officer 925 =2242 DEFENDANT (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP CTY. PHONE Juvenile PSN D.O.B. AGE H I H WEIGHT EYES HAIR COMPLEXIONS X NO. 05/21/76 15 5'8" 140 1 Brn Brn Fair I M IRACED.L. B MOTHER'S NAME iLAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE FATHER'S NAME (LAST, FIRST, MIDDLE) STREET ADDRESS, CITY, STATE, ZIP BUSINESS PHONE HOME PHONE CHILD LIVES WITH: SCHOOL NAME GRADE L1 Parents' ❑1A other El Father ❑Other, who? DISPOSITION OF PROPERTY DATE /TIME PARENTS NOTIFIED NO. OF PRIOR LIQUOR INVOLVED CONTACTS N o C] Yes )M No MIRANDA GIVEN DOES-JUV. ADMIT OFFENSE ATTITUDE: RELEASE INFO. BY WHOM: icer Ong 1'es ONO []Yes X)JRNo Poor DATE: 11/17 TIME: 0030 TO WHOM: Mother IF VEHICLE iNVOLVED, vIAKE, YEAR, .,MODEL COLOR LICENSE STATE .GISTERED OWNER, OR DRIVER. IF SAME AS DEF: LEAVE EMPTY ADDRESS CITY STATE ACCOMPLICES: !LAST) (FIRST) (MIDDLE) 12. (LAST) (FIRST) (MIDDLE) C. (LAST) (FIRST) (MIDDLE. ISN UOC STATUTE CHARGED ARREST DISPGSITiON CODE N3030 MN` LS-LSJ 609.72 ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE MN /ISISI 609.605 ISN UOC STATUTE CHARGED ARREST DISPOSITION CODE M N; I I On 11/16/91 at 2315. I arrested the defendant for Disorderlv Conduct and Trespass. Defendant was told to leave the property at Arnold's, 5125 Edina Industrial Boulevard for being disorderly with customers at a teen dance. Mike Palm, Owner, (871 -2727) sponsors teen dances on a weekly basis at this location. He wanted defendant to leave the property. Defendant left the building, but_.c.ontinu.ed _to hang around the building and outside lot with other juveniles. Offn6ri oik itbYd' defendant toileave - mmediatel . Defendant stated his ride was inside and he could not. Defendant and his friends started arguing with Officer defendant. Above defendant was yell at Officer Long to stop and started going towards Officer Long. I stopped defendant, who S. RELEASED, NO FORMAL CHARGE 6. TURNED OVER TO OTHER AGENCY, WHO? 8. REFERRED TO JUVENILE COURT �� 0 , JUVENILE HANDLED :Nil DEPT 'R >✓r R1 - ICR NO: 91018980 (C) OFFENSE: DISORDERLY CONDUCT PAGE: 2 resisted me. At that time, I advised defendant he was under arrest for Disorderly Conduct and Trespass of Property. He was placed in Officer Nibbe's vehicle and transported to Edina Police Depart- ment.-- He was released to his mother at 0030 hours, 11/17/91. Recommend court action. Defendant denies being disorderly. He told Officer Long he was trying to stop another from jumping Officer Long. Signed: Officer Maltby, #105 Date: 11/17/91 I� Raf .Cone: OFFENSE. INCIDENT B • BLACK A -ASIAN ~ W •WHITE U - UNKNOWN I - INDIAN SUPP �O O C`MPLAiNi NUMBER EDINA POLICE DEPARTMENT OFFENSE. INCIDENT ~ OFFENSE!REPORT 0 00 )1018985 MN0270600 ASSAULT 4th DEGREE (BIAS CRIME) L" UMrE OCCURRED TIME OCCURRED I LOCATION OF OCCURRENCE 11/16/91 Approx. 2300 5125 Edina Industrial Boulevard DATE RECEIVED TIME RECEIVED I OFFICER(S) APPROVED BY 11/17/91 0451 Officer Nibbe VICTIM 1 AGE ADDRESS BUSINESS PHONE HOME PHONE Juvenile (White Male ) 17 Fridley WKKx Victim 2 (F) (M) HOME ADDRESS BUSINESS PHONE HOME PHONE Juvenile SUSPECT (F) (M) HOME ADDRESS BUSINESS PHONE HOME PHONE ISN MOC SUSPECT SEX RACE DOB HEIGHT WEIGHT BUILD HAIR EYES A5356 oescRlPnoN M B Large ISN MOC COMPLEXION I BEARD I MUSTACHE I DRIVERS LICENSE # ISN MOC CLOTHING DESCRIPTION VICTIM'S /SUSPECT'S AUTO — MAKE AND DESCRIPTION LICENSE NUMBER STATE OF ISSUE I SERIAL NUMBER COLOR LOSS DESCRIPTION (INCLUDE SERIAL OS) RECOVERED S STOLEN S On 11/16/91 at approximately 2300 hours, the above listed victims were physically assaulted in the west parking lot of Arnold's Hot Roxx Cafe, 5125 Edina Industrial Boulevard. Above juvenile black male and white juvenile male left the dance and went to their car in the west lot They were surrounded by 20 -30 black malt--,, mnar had hard r;lrt-ri rn rht- side and were "throwing signs" and one large black'male seemed to dominate in the group_ The dominant male supposedly attends Roosevelt High School. Suspect. first punched one of the black male victims then victim #1 was pinned against the car by three black males and above suspect punched him'once in the face and a couple times in the body. Victim #2 was punched very sore from the struggle, had a torn shirt, and may have reinjured his right back is sore from being pinned against the vehicle and being Pushed by the police night stick. While the fighting was going on, suspect kept saving "Crvp Cuz, Crvp Cuz ". Both victims stated they feared -being severlv beaten by the feared one black male that kept his hands in his coat pockets the entire time because he thought there may have been a gun. Both victims felt the assault was racially motivated. Victim #2 felt he and the ® [other juvenile black male were both punched because they were "hanging out" with a white guy. . oATA ENTRY: .: 75 RCSSE Data Privacy Requested: ❑ Yes �' '+_ ICR NO: 91018985 OFFENSE: ASSAULT 4TH DEGREE (BIAS CRIME) PAGE: 2 Victim #1 could not articulate a reason for the assault other than he was virtually the only white male at the dance that wasn't an employee or a peace officer. Victim #1 also took the brunt of the punishment (four -on -one with several punches thrown) versus the single punches thrown on the two black juvenile male victims. No bruising was detected at the time of the report. Victim #2 is a black male, born in Japan, and speaks two foreign languages. He and Victim #1 met second black juvenile male at a party and followed him to the dance. After the fight, both Victim #1 and #2 left, got lost, and ended up in Chaska. Chaska Police Department sent them to downtown Minneapolis to report the assault. Minneapolis then sent them to Edina Police Department. This appears to be a legitimate reason for the delay in the report. Both victims would like a formal complaint against suspect. No other informa- tion available on second black juvenile male accompanying Victim #1 and 2. Signed: Officer Nibbe, #130 Date: 11/17/91 SUPPLEMENTAL Unknown what police officer broke up the fight. Officer believed to be carrying a conventional night stick. Signed: Sgt. Schwartz Date: 11/17/91 M E M O R A N D U M DATE: November 18, 1991 TO: Ken Rosland, City Manager Marcella Daehn, City Clerk Len Kleven, Deputy Chief - Edina Police FROM: Steve Landry, Fire Inspector SUBJECT: ARNOLD'S /HOT ROXX MUSIC CAFE - DANCE On Saturday, November 16, 1991, I stopped in at 5125 Edina Industrial Blvd. (Arnold's /Hot Roxx Music Cafe), to observe possible occupant load violations. These random inspections were discussed with the management of Arnold's /Hot Roxx at the time the maximum occupant load of 265 was determined and required to be posted. Upon my arrival at approximately 9:30 p.m., I proceeded-inside to get the count of actual tickets sold after observing an extremely large number of people (40 -50) waiting to get in, as well as a very large number of ,people already admitted. Based upon ticket sales, there were 289 people admitted, plus a staff of 8, and 2 police officers. After reducing that total for 11 tickets that had not been sold due to a mistake by one of the ticket salespersons, and 6 people that were either removed or voluntarily left, as verified by the attending police officers, they still exceeded the maximum occupant load of 265 by 18 people. At this time, I halted ticket sales and restricted entry until a complying condition was established and maintained. This entire process took until approximately 11:30 p.m. In addition, I observed conditions that could have, due to the numbers of people, exposed the 2 police officers to possible danger. I also observed several kids in violation of the 10:00 curfew for children under 15 years old, (by their own admission based upon a random sampling). Based on my observations I would submit the following recommendations: 1. Addition of 1 or 2 sworn security officers 2. Clothing related to gangs (i.e., colors) not permitted 3. Documentation of age for those staying after 10:15 p.m., or no one under age 15 permitted 4. Any fighting, use of drugs, alcohol or tobacco, will result in permanent dismissal or revocation of dance permit. Keep in mind, these are my'recommendations, but they are based on things that have worked in other locations. SDL /ras cc: EFD File RESOLUTION ADOPTING BUDGET FOR THE CITY OF'EDINA FOR THE YEAR 1992, AND ESTABLISHING TAX LEVY FOR THE YEAR 1992 PAYABLE IN 1992 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS: Section 1. The Budget for the City of.Edina for the calendar year 1992 is hereby adopted as hereinafter set forth, and funds are hereby appropriated therefor. GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 60,250 Administration 579,141 Planning 218,431 Finance 344,727 Election 94,650 Assessing 376,898 Legal and Court Services 330,000 TOTAL GENERAL GOVERNMENT $ 2,004,097 PUBLIC WORKS Administration $ 119,222 Engineering 426,009 Highways 2,687,422 _ TOTAL PUBLIC WORKS $ 3,232,653 PROTECTION OF PERSONS AND PROPERTY Police 3,608,682 Civilian Defense 27,761 Animal Control 57,482 Fire 2,119,869 Public Health 324,280 Inspection 265,819 TOTAL PROTECTION OF PERSONS AND PROPERTY $ 6,403,893 PARK DEPARTMENT Administration 382,700 Recreation 116,750 Maintenance 1,216,324 TOTAL PARK DEPARTMENT $ 1,715,774 NON- DEPARTMENTAL EXPENDITURES Contingencies $ 60,000 Special Assessments on City Property 45,000 Capital Plan Appropriation 117,000 Commissions and Special Projects 239,528 TOTAL NON- DEPARTMENTAL EXPENDITURES $ 461,528 TOTAL GENERAL FUND $13,817,945 Resolution City of Edina Budget - 1992 Page 2 Section 2. Estimated receipts other than General Tax Levy are hereby proposed as hereinafter set forth: GENERAL FUND Licenses and Permits $ 778,284 Municipal Court Fines 495,000 Department Service Charges 911,000 Other 213,800 Transfer from Liquor Fund 380,000 Income on Investments 80,000 Aid - Other Agencies 283,100 Police Aid 220,000 TOTAL ESTIMATED RECEIPTS $ 3,361,184 Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina a tax rate sufficient to produce the amounts hereinafter set forth: FOR GENERAL FUND STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) $10,456,761 CERTIFICATE OF CITY CLERK I, the - undersigned duly appointed and acting -City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its _ meeting of December 4, 1991, and as recorded in the minutes of said meeting. WITNESS my-hand and seal of said City this 6th day of December, 1991. Marcella M. Daehn City Clerk ANALYSIS OF HEALTH CARE COSTS 1987 - PROPOSED 1992 Summary over five years: ' * Salary has increased 3.2% per year * Premiun has increased 46.3% * Cost to City has increased 37.5% * Cost to employee increased 60.4% * 1987 to 1992 9.2% of premium shifted from City to employees - 1987 City paid 70.03% of premium, 1991 City paid 60.86% of premium * 1987 average employee earned 523,168.00 gross wages and paid average annual premium of $744.00 or 3.6% of annual gross. * 1992 average employee will earn $29,443.58 and will pay average annual premiun of $1862.28 or 6.3% of annual average gross. ,*"'Reflects $30.00 increase in City contribution % OF CHANGE HEALTH 1987 1988 1989 1990 1991 1992 +OR( -) OVER 5 YRS PROVIDER % of Prem. % of Prem. % of Prem. % of Prem. % of Prem. % of Prem. PREMIUM 43.8% PHP 232.02 235.65 279.42 312.82 353.32 412.82 CITY 37.5% CITY PAID 150.00 64.6% 160.00 67.9% 170.00 60.8% 180.00 57.5% 210.00 59.4% 240700* *58.1% EMPLOYEE 52.5% EMPLOYEE PAID 82.02 35.4% 75.69 32.1% 109.42 39.2% 132.82 42.5% 143.32 40.5% 172.82 41.9% PREMIUM 48.6% MEDCENTERS 207.10 247.62 304.65 339.52 370.52 402.67 CITY 37.5% CITY PAID 150.00 72.4% 160.00 64.6% 170.00 55.8% 180.00. 53.0% 210.00 56.7% 240.00 59.6% EMPLOYEE 64.9% EMPLOYEE PAID 57.10 27.6% 87.62 35.4% 134.65 44.2% 159.52 47.0% 160.52 43.3% 162.67 40.4% PREMIUM 46.7% GROUP HEALTH 197.10 218.72 268.12 304.03 334.78 370.08 CITY 37.5% CITY PAID f50.0 76.1% 160.00 73.2% 170.00 63.4% 180.00 59.2% 210.00 62.7% 240.00 64.9% EMPLOYEE 63.8% EMPLOYEE PAID 47.10 23.9% 58.72 26.8% 98.12 36.6% 124.03 40.8% 124.78 37.3% 130.08 35.1% Summary over five years: ' * Salary has increased 3.2% per year * Premiun has increased 46.3% * Cost to City has increased 37.5% * Cost to employee increased 60.4% * 1987 to 1992 9.2% of premium shifted from City to employees - 1987 City paid 70.03% of premium, 1991 City paid 60.86% of premium * 1987 average employee earned 523,168.00 gross wages and paid average annual premium of $744.00 or 3.6% of annual gross. * 1992 average employee will earn $29,443.58 and will pay average annual premiun of $1862.28 or 6.3% of annual average gross. ,*"'Reflects $30.00 increase in City contribution #785 P02 OCT- 07 -191 MON 11:05 ID: CITY OF HOPKINS TEL NO:612i935 -1834 MAXIMUM GOVERNMENT COST OF MEDICAL AND OTHER INSURANCE MAXIMUM CITY UNIT CONTRIBUTION 1 Inver Drove Mgt. Pal Sot. 384.01 2 Plymouth Admin 385.00 3 Hopkins Non -unlon 376.95 4 Golden Valley Mgmt. 357.20 5 Plymouth Pot Sot 355.30 6 South Si. Paul Other 346.05 7 Lakeville Pol 341.20 8 Bloomington Pol Off 334.01 9 Rosemount OTA 328.00 10 Lakeville OTA. PW. Other 326.20 11 Minnetonka Pol 320.00 12 Minnetonka Pal Sgt 311.00 13 Bloomington OTA 310.57 14 Bloomington AFSCME 810.67 15 New Hope All 306.00 18 Plymouth Pol 303.30 17 Hopkins Pol Sgt 300.00 18 Eagan Pal 288.81 18 Plymouth PW 298.10 20 Richfield OTA, Local 49 294.91 21 Maplewood Mgmt. 286.35 22 Eagan OTA. PW 286.01 23 Maplewood Pal 281.03 . 24 North St. Paul OTA 280.00 25 Plymouth OT 278.10 26 Robbinedele Pal Sgt 275.00 27 Inver Grove Hot. OTA, Pol 270.00 28 Golden Valley Pol 264.00 29 Richfield P01 SupV 262.26 30 Richfield Pol 280.55 31 South St. Paul OTA, PW 260.35 32 Brooklyn Center All 260.00 33 Hopkins OTA, PW, Dlsp, P01 280.00 34 Prior Lake All 269.32 35 Fridley OTA, Pol, PW 255.00 36 Golden Valley OTA, F, PW 255.00 . 37 Mahtomedi All 251.70 35 Cottage Grove All 250.00 39 Eden Prairie All 250.00 40 Minnetonka OTA, PW, Dept Hd 250.00 41 Mounds View All 250.00 42 Roseville All 250.00 43 Weet $1. Paul All 250.00 44 South St. Paul F 249.50 45 Crystal OTA, F, PW 245.00 46 St. Louie Park All 240.90 47 Apple Valley All 240.00 48 New Brighton All 240.00 49 Savage Pot 240.00 50 White Bear Lake t3TA, F, Pol, PW 24MOO at Maplewood OTA, PW 238.60 S2 Bloomington PolBupv 235.57 59 savage OTA, PW 236.00 64 St. Anthony F 236.00 66 White B*ar take D". 235.00 36 Columbia Heights All 234.15 67 Orono All 232.00 #785 P02 OCT- 07 —'91 MON 11:05 ID: CITY OF HOPKINS TEL NO:612,1935 -1834 MAXIMUM GOVERNMENT COST OF MEDICAL AND OTHER INSURANCE ##?85 P03 MAXIMUM CRY UNIT CONTRIBUTION 58 Anoka All 230.00 59 Burnsville On, PW, Poi Lt 230.00 60 Maple Grove All 230.00 81 Ramsey All 230.00 62 Robbinsdals- Poi 230.00 63 .Robbinsdaie PW 228.00 84 Shoreview All 225.00 66 St. Anthony Pol, OTA, PW 225,00 66 Burnsville -- - Pol 80, F, Disp moo 68 Brooklyn Park All 218.00 X89= Edlna� --'� PW 215.00 70 Robbinadale OTA 215.00 71 Woodbury All 215.00 72 Blaine All 210.00 73 Coon Rapids All 21 0.00 74 Edina OTA, Pol,-Ft re, 210.00 76 South St. Paul Pol 206.35 76 Rosemount PW 200.00 78 North St. Paul Pol, PW 196.00 79 Rosemount Pol 187.00 60 Champlin OTA, Pol, PW PENDING 81 Crystal POI PENDING 82 Inver Grow Hpt. PW PENDING 83 Shakopee All PENDING 64 Oakdale All 85 Red Wing All ##?85 P03 OIA, vy� -VL- YVN U-0 VA4 cl /99\ �o d USA 19 r �(-, �. ;-�� © USPS 1991 �e-cI1 IfI)fX41 r 1 . MrsApartment LL2son 4401 Valley. View Road Minneapolis, MN 55424 T Z4 a� e`� li"� : /oil 7 & / 9F92 . 1141"" U aw•.r,� av VV7, Dr I y) . 4-�� ac� *-Pa-v� (773 / 3