HomeMy WebLinkAbout19801103_regularNIN UTE S
OF THE REGULAR NEETING OF THE
.EDINA CITY COUNCIL HELD AT CITY HALL
NOVEbIBER 3, 1980
Answering rollcall were members Breaesen, Courtney, Richards, Schmidt and Nayor
Van Valkenburg.
H.R.A. PfEETING was called to order and adjourned for joint discussion with the
City Council in regard to Second Reading of Ordinance No. 811-A136, granting
PRD-3 .Planned Residential District zoning for Crossroads Development. Motion for
adjournment of the meeting was offered by Commissioner Van Valkenburg, seconded
by Commissioner Courtney and unanimously carried.
YOUTH APPRECIATION WEEK RESOLUTION ADOPTED.
clamation:
WHEREAS, the vast majority of the youth are concerned, knowledgeable and respon-
sible citizens; and
WHEREAS, the accomplishments and achievements of these young citizens deserve
WHEREkS , Optimist International has ,. since 1954 , developed and promoted a program
entitled Youth Appreciation Week; and
WHEREAS, the citizens of the City of Edina have indicated a desire to join with
the Optimists in expressing appreciation and approval of the contributions of
the youth, I, James Van Valkenburg, Mayor of the City of Edina, therefore pro-
claim the second week in November as
in the City of Edina.
ability of today's youth as they assume responsible roles in the future of man-
kind.
SALE OF $1,400,000 TEMPORARY IlPROVEHENT BONDS APPROVED.
affidavits showing publication in the Edina Sun and in the Commercial Vest of
the official notice of sale of $1,400,000 Temporary Improvement Bonds, Series
1980, of the City, (hereinafter referred to as the Bonds), bids for which were
to be considered at this meeting as provided in resolutions of the City Council-
adopted October 6, 1980.
file. The City Clerk reported that 3 sealed bids for the purchase of the Bonds
had been received at her office at or before the time stated in the notice, and
the bids were then opened and publicly read and considered, and were all found
to conform to the notice of sale and to be accompanied by the required security,
and the premium, interest rate and net interest cost under the terms of each bid
were found to be as follows:
I The Nayor issued the following pro-
RESOLUTION OF APPRECIATION
.. recognition and praise of their elders; and
..
YOUTH APPRECIATION WEEK
By this action, let it be known that we have faith in the
The City Clerk presented
The affidavits were examined and ordered placed on
Bidder Premium Interest Rate Net Interest Cost
American National Bank & Trust Co. 80.00 7.35% . 7.3442%
First National Bank of Minne-
Banc Northwest 10.00 7.60% 7.5992%
After consideration of the foregoing bids, Councilman Courtney introduced the
following resolution and moved its adoption:
apolis , Wnnesota -0- 7.35% 7.35%
RESOLUTION RELATING TO $1 , 400,000 TEMPORARY IIPROVEbIENT BONDS,
SERIES 1980: AWARDING THE SALE THEREOF AND APPROVING THE
OFFICIAL STATEMENT THEMFOR
'.-BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City),
as follows:
1980, entitled "Resolution Relating to $1,400,000 Temporary Improvement Bonds,
Series 1980; Authorizing the Issuance and Sale thereof: (hereinafter referred to
as the Sale Resolution), authorized and determined to issue $1,400,000 Temporary
Improvement Bonds, Series 1980 (hereinafter referred to as the Bonds) to
defray the expenses incurred and estimated to be incurred by the City in con-
, structing various improvements previously ordered to be constructed by the City
under the provisions of Hinnesota Statutes , Section 429.
Notice of sale of the Bonds has been duly published and
the Council has publicly received, opened and considered all sealed bids presented
in conformity with the notice.
be that of American National Bank & Trust Company, ofeSt. Paul, Minnesota, (and
associates) to purchase the Bonds at a price of their principal amount and ac-
crued interest to the date of delivery, with the Bonds bearing interest at the
rate of 7.35% per annum from date of issue until paid, and upon the further teps
and conditions set forth in the Sale Resolution.
The Mayor and City Manager are hereby author-
ized and directed to execute in duplicEte a contract on the part of the City for
Section 1. Authorization This Council has by a resolution adopted October 6, .
I
Section 2. Sale.
The most favorable of such bids is ascertained to
.
Section 3. Contract for Sale.
*
11/31 80
197
sale of the Bonds in accordance with the proposal described in Section 2, and
to deliver a duplicate to the purchaser. The City Finance Dlrector-Treasurer is
directed to retain the purchaser's check securing the contract of sale until the
Bonds.are delivered and the purchase price is paid and to return the checks
securing other bids to the respective bidders.
Bonds is hereby approved, and the City Finance Director-Treasurer is authorized to
certify to its correctness and completeness as provided in the Official Statement.
Motion for adoption of the foregoing resolution was duly seconded by Councilwoman
Schmidt, and upon vote being taken thereon, the following voted in favor thereof:
Section 4. Official Statement. The Official Statement relating to the
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
whereupon the resolution was declared duly
the Nayor and attested by the Clerk.
ATTEST.:
I
$b
City Clerk
(\I 0 a> I Q: 5
After some discussion, Coundman Courtney introduced the following resolution
and moved its adoption:
ESOLUTION RELATING TO $1,400,000 TEMPORARY IMPROVEEEHT BONDS,
SERIES 1980, FIXING THE FOWL AND DETAILS,
AND THE SECURITY THEREFOR
PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City) as
follows :
Section 1. Recitals.
1.01. Authorization. This Council has investigated the facts necessary to
ascertain aad does hereby find, determine and declare that the City of Edina did
heretofore duly order the construction of various local improvements under the
provisions of Minnesota Statutes, Chapter 429, which improvements are designated
Street Improvements Nos. BAi2279, BA-242, BA-243, BA-244 and C-131, Storm Sewer
Improvements Nos. 162, 163 and 161, Sanitary Sewer Improvements Nos. 352, 353 and
354, Watermain Improvements Nos. 336, 337,338 and 339, Lift Station No. LS-9 and
Parking Ramp No. P-12 (hereinafter referred to as the Improvements), and did there-
after approve plans and specifications for the construction of the Improvements;
that after public advertisement for bids, as required by law, contracts for the
construction of the Improvements have been duly awarded; that the total cost to
the City of the Improvement is estimated to be approximately equal to and not less
than $1,400,000; that the total benefits resulting from the Improvements to the
assessable lots, pieces and parcels of land affected thereby and to the City
at large will be substantially in excess of the total cost of the Improvements;
that in order to finance the construction of the Improvements, it is necessary
that the sum of $1,400,000 be borrowed at this time by the issuance of temporary
improvement bonds (hereinafter referred to as the Bonds) of the City, in accord-
ance with the provisions of Chapter 429, Minnesota Statutes, as hereinafter pro-
vided; and that all acts, conditions and things required by the Constitution and
laws of the State of Minnesota to be done, to exist, to happen and to be performed
preliminary to the issuance and sale of the Bonds to provide moneys to pay for the
Improvements have been done, do exist, have happened and have been performed in
due form, time and manner as so required.
1.02. Sale. This Council has, by resolution adopted on this date, awarded
the sale of the Bonds to American National Bank & Trust Company of St. Paul,
Minnesota, on the terms and conditions set forth in this resolution and the Offi-
cial Notice of Sale.
Section 2. Form of Bonds and Coupons.
2.01. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
UNITED STATES OF MERIM
STATE OF MINNESOTA
COmTY OF HENNEPIN
CITY OF EDINA
TEMPORARY IMPROVEMENT BOND
SERIES 1980
No. $5,000
KNOW ALL MEN BY THESE PRESENTS that the City of Edina, Hennepin County, Minnesota
(the City), acknowledges itself to be indebted, and for value received hereby
promises to pay to bearer, upon presentation and surrender hereof, the principal
sum of
111 3/50
FIVE THOUSAND DOLLARS
on November 1, 1951, without option of prior payment, and to pay interest thereon
from the date hereof until said principal sum is paid, at the rate of
percent ( X) per annum. Interest hereon is payable on Play 1, 1981, in
accordance with and upon presentation and surrender of the interest coupons
hereto appurtenant. Both principal and interest are payable at the ¶
in , Minnesota, or its successor as paying agent, in any coin
or currency of the United States of America which on the respective dates of pay-
ment is legal tender for public and private debts.
(the Bonds), all of like date and tenor except as to serial number, issued to
finance the construction of
and is issued pursuant to and in full conformity with the provisions of the Con-
stitution and the laws of the State of Ennesota thereunto enabling, including
Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from
the 1980 Improvement Bond Fund (the Fund) of the City.
IT IS HEREBY CERTIFIED, RECITED, COVEEANTED AND AGREED that all zcts, condi-
tions and things required by the Constitution and the laws of the Rtate of Minne-
sota to be done, to exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding obligation of the
City according to its terms have been done, do exist, have happened and have been
performed as so required; that any amount of the principal of or interest on this
Bond which cannot be paid at maturity out of special assessments and ad valorem
taxes (if any) levied and theretofore collected with respect to the Improvements
or out of any other municipal funds which are properly available and appropri-
ated by the City Council for such purpose shall be paid from the proceeds of
definitive improvenent bonds which the City Council shall, and is required by
law to, sell and issue at or prior to the date of maturity of this Bond to pro-
vide any additional moneys needed for this purpose; that if definitive improve-
ment bonds have not been sold and delivered prior to the maturity of the Bonds,
the holders thereof shall have the right to require the issuance of either new
temporary or definitive bonds in exchange for the Bonds, on a par for par basis,
bearing interest at the maximum rate permitted by law; such definitive improve-
ment bonds to mature serially at such times and in such amounts that the principal
and interest can be paid when due by the collection of special assessments or
special assessments and ad valorem taxes levied to pay the cost of the Improve-
ments; and the City Council is required by law to pay the principal and interest
of such definitive improvsment bonds out of any fund of the City if the amount
credited to the fund specified for the payment thereof is insufficient, and to
levy each year a sufficient amount to take care of any accumulated or anticipated
deficiency in said fund, which levy is not subject to any limitation as to rate or
amount; and that the issuance of this Bond did not cause the indebtedness of the
Clty to exceed any constitutional or statutory limitation.
IN WITNESS \THEREOF the City of Edina, Hennepin County, State of Minnesota,
by its City Council, has caused this Bond to be executed by the facsimile signa-
ture of the Mayor and the manual signature of the City Manager and by a printed
facsimile of the official seal or' the City, has caused the interest coupons
appurtenant hereto and the certificate appearing on the reverse side hereof to
be executed and authenticated by the facsimile signatures of said officers, and
has caused this Bond to be dated as of November 1, 1980.
ATTEST :
This Bond is one of an issue in the aggregate principal amount of $1,400,000 I local improvements in the City (the Improvements)
(Facsimile Signature)
Mayor
(FACSIMILE SEAL)
2,02. .Form of Coupons.
presented by a consecutively numbered set of interest coupons printed in sub-
stantially the following form:
Interest on each Bond to maturity shall be re-
NO. $
On lhy (November) 1, 1981, the City of E,dina, Hennepin County, Minnesota, will
pay to bearer at the , in J
Minnesota, the sum shown hereon in coin or currency of the United States of Amer-
ica which at the time of payment is legal tender for payment of pu3lic and pri-
vate debts, for interest then due on its Temporary Improvement Bond, Series
1980, dated November 1, 1980, No. .
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
2.03. Form of Certificate. A certificate in substantially the followi.;lg
form shall be printed on the reverse side oE each bond, following a copy of the
text of the legal opinion to be rendered by bond counsel:
11/3/80
199
We certify that the above is a fuI.1, true and correct copy of the legal
opinion rendered by Bond Counsel on die issue of Bonds of the City of Edina,
Minnesota, which includes the within Bond, dated as of the date of delivery of
and payment for the Bonds.
. (Facsimile Signature) (Facsimile Signature)
City Manager Mayor
Section 3. Bond Terms, Execution and Delivery.
3.01. Date, Amount, Denomination and Maturity. The City shall forthwith
issue and deliver the Bonds, which shall be negotiable coupon bonds, denominated
Temporary Improvement Bonds, Series 1980, payable primarily from the 1980
Improvement Bond Fund created in Section 4.02 hereof. The Bonds ah11 be dated
as of November 1, 1980, shall be 280 in number and numbered serially from 1 to
280, inclusive, each in the denomination of $5,000. The Bonds shall mature on
November 1, 1981.
at the rate of % per annum, payable on May 1, 1981 and November 1,
1981.
3.02. Interest. The Bonds shall bear interest from their date until paid
3.03 Paying Agent. The purchaser of the Bonds has designated the , in. 9
Minnesota, as paying agent. That recommendation is hereby approved. The Nayor
and City Manager are hereby authorized and directed to enter into a paying
agency contract with the
pursuant to which the City will pay the usual and custo-
mary charges of said paying agent for the receipt and disbursement of principal
and interest moneys. The principal of and interest on the Bonds shall be
payable at the principal corporate trust office of the paying agent designated
herein, in , Minnesota, or in the event of
its resignation, removal or incapability of acting as paying agent, at the office
of such successor paying agent as may be approved by this Council. Upon mer-
ger or consolidation of the paying agent with another corporation, if the
resulting corporation is a bank or trust company authorized by law to conduct
such business, such corporation shall be authorized to act as successor paying
agent. No resignation of the paying agent and no appointment of a successor
paying agent shall become effective until the date specified in a daily or
weekly periodical published in a Minnesota city of the first class or its
metropolitan area which circulates throughout the state and furnishes financial
news as a part of its service, not less than thirty (30) days before said
effective date.
3 .Ob. Preparation and Delivery. The Bonds shall be prepared under the
direction of the City LYanager and the City Finace Director-Treasurer and shall
be executed on behalf of the City by the signatures of the Mayor and the City
Manager, and shall be sealed with the official corporate seal of the City, pro-
vided that one of said signatures and the corporate seal may be printed, engraved,
or lithographed facsimiles thereof.
printed a copy of the legal opinion rendered thereon by Bond Counsel and the
certificate of the Mayor and City Manager.
and interest coupons attached to the Bonds shall be executed and authenticated
by the printed, engraved or lithographed facsimile signatures of the Mayor and
City Manager.
shall be delivered by the City Finance Director-Treasurer to the purchaser
thereof upon payment of the purchase price in accordance with the contract of
sale heretofore made and executed, and said purchaser shall not be obligated to
see to the application of the purchase price.
On the reverse side of each'Bond shall be
The certificate as to legal opinion
When the Bonds have been so executed and authenticated, they
Section 4. .Security Provisions.
4.01. 1980 Improvement Construction Fund. There is hereby created on
the books of the City a special fund to be designated as the "1980 Improvement
Construction Fund" hereinafter referred to as the Construction Fund), to be
held and administered by the City Finance Director-Treasurer separate and apart
from all other funds of the City. The City appropriates to the Construction
Fund (a) the proceeds of the sale of the Bonds, (b) all collections of special
assessnents levied for the Improvements until completion and payment of all
costs of the Improvements.
defray expenses of the Improvement including but not limited to the transfer
to the 1980 Improvement Bond Fund, created pursuant to Sectior, 4.02 hereof,
of amounts sufficient for the payment of interest and principal., if any, due
upon the Bonds prior to the completion and payment of all costs of the Improve-
ments. When the total cost of expenditures for the Improvements has been paid
all subsequent collections of special assessments levied shall be credited and
paid into the 1980 Improvement Bond Fund creared pursuant to Section 4.02
The Construction Fund shall be used solely to
11/3/80
hereof. Upon completion and payment of all costs of the Improvements, any bal-
ance of the proceeds of Bonds remaining in the Construction Fund may be used to
pay the cost, in whole or in part, of any other improvement instituted pursuant
to Plinnesota Statutes, Chapter, 429, as directed by the City Council, but any
balance of such proceeds not so used shall be credited and paid to the 1980
Improvement Bond Fund created pursuant to Section 4.02 hereof.
ing and any principal of or interest thereon unpaid, the City Finance Director-
Treasurer shall maintain on the books of the City a separate and special 1980
Improvement Bond Fund (hereinafter referred to as the Bond Fund, 59 be used for
no purpose other than the payment of the principal of and interest on the Bonds
and on such other bonds of the City as have been or may be directed to be paid
therefrom. The City irrevocably appropriates to the Bond Fund (a) the proceeds
of the definitive improvement bonds issued for the purpose of redeeming the
Bonds as provided in Section 4.03 hereof, and (b) all such other moneys as
shall be received and appropriated to the Bond Fund from time to time.
for the issuance, sale and delivery, not later than November 1, 1981, of defini-
tive improvement bonds, for the purpose of providing funds to pay and redeem all
temporary improvement bonds payable from the Bond Fund which become due and pay-
able on said date, so far as the same cannot be paid out of special assessments
and ad valorem taxes (if any) levied and theretofore collected with respect to
the Improvements, or out of any other municipal funds which are properly avail-
able and appropriated by the City Council for such purpose. Under the provi-
sions of Ennesota Statutes, Section 429.091, Subdivision 3, the holders of the
Bonds and the taxpayers of the City shall have the right to require the offering
of definitive improvement bonds for sale, or, in the event that definitive improve-
ment bonds have notbeenissued and sold at the time so required, to.require the
issuance of either new temporary bonds of definitive improvement bonds in
exchange for the Bonds, on a par for par basis, bearing interest at the maximum
rate permitted by law, and maturing serially at such times and in such amounts
that the principal and interest can be paid when due by the collection of special
assessments hereinafter referred to in Section 4.05 and of any ad valorem taxes
which this Council may determine to levy for payment of the costs of the Improve-
nent s .
4.04 Additional Temporary Bonds. The City reserves the right to issue
additional temporary bonds payable from the Bond Fund as may be required to
finance costs of the Improvements not financed hereby.
by resolution prior to the delivery of such additional temporary bonds, covenant
to issue, at or prior to the maturity date of the additional temporary bonds,
additional definitive improvement bonds on the terms and conditions set forth ' in
Section 4.03 hereof.
that for payment of the cost of the Improvements, it will do and perform all
acts and things necessary for the full and valid levies of special assessments
against all assessable lots, tracts and parcels of land benefited thereby and
located within the area proposed to be assessed therefor, based on the benefits
received by each such lot, tract or parcel in an aggregate principal amount not
less than twenty percent (20%) of the cost of the Improvements. In the event.
any such assessment shzll be at any time held invalid with respect to any lot,
piece or parcel of land, due to any error, defect or irregularity in any action
or proceeding taken or to be taken by the City or this Council or any of the
City's officers or employees, either in the making of such assessment or in the
performance of any condition precedent thereto, the City and this Council hereby
covenant and agree that they will forthwith do all such further acts and take all
such further proceedings as may be required by law and make such assessments a
valid and binding lien upon such property.
Defeasance.
thereto have been discharged as provided in this section, all pledges, covenants
and other rights granted by this resolution to the holders of the Bonds shall
cease.
Coupons appertaining thereto which are due on any date by depositing with the
paying agent on or before that date a sum sufficient for the payment thereof in
full; or, if any Bond or coupon should not be paid when due, it may nevertheless
be discharged by depositing with the paying agent a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may
also discharge any prepayable Bonds which are called for redemption on any date
in accordance with their ternis, by depositing with the paying agent or agents
on or before that date an amount equal to the principal, interest and redemption
premium, if any, which are then due thereon, provided that notice of such re-
demption has been duly given as provided in the resolution authorizing Such Bonds.
The City may also at any time discharge its obligations with respect to any
Bonds, subject to the provisions of law now or hereafter authorizing and regu-
lating such action, by depositing irrovocably in escrow, with a bank qualified
4.02. 1980 Improvement Bond Fund. So long as any of the Bonds are outstand-
I
4.03. Definitive Improvement Bonds. This Council will by resolution provide
I The City Council shall,
4.05. Levy of Special Assessments. The City hereby covenants and agrees
Section 5. When all of the Bonds and all coupons appertaining
The City may discharge its obligations with respect to any Bonds and
11/3/80
201 - .by law as an escrow agent for th.is purpose, cash or szcurlties which are general
obligations of the United States or securities of United States agencies which
are authorized by law to be so deposited, bearing interest payable at such times
and at such rates and maturing on such dates as shall be required, without
reinvestment, to pay all principal and interest to become due thereon to mat.urity
or earlier redemption date.
Section 6. Registration, Certification of Proceedings, Investment of
Floncys and Arbitrage.
The City Clerk is hereby authorized and directed to
file a certified copy of this resolution with the County Auditor of Hennepin
Coanty, together with such other information as she shall require and to obtain
from said County Auditor a certificate that the Bonds have been entered on his
bond register as required by law.
6.02. Certification of Proceedings. The officers of the City and the
County Auditor of Hennepin County are hereby authorized and directed to prepare
and furnish to the purchaser of the Bonds, and to the attorneys rendering an
opinion as to the legality of the issuance thereof, certified copies of all pro-
ceedings and records of the City, and such other affidavits, certificates and
information as may be required to show the facts relating to the legality and
marketability of the Bonds as the same appear from the books and records under
their custody and control or as otherwise known to them, and all such certi-
fied copies, certificates and affidavits, including any heretofore furnished,
shall be deemed representations of the City as to the facts recited therein.
to time of the Eonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Reveilue Code of 1954, as
amended (the Code), and regulations, amended regulations and proposed regulations
issued thereunder, as now existing or as hereinafter amended or proposed and in
effect at the time of such action.
cers of the City charged with the responsibility for issuing the Bonds pursuant
to this resolution, are authorized and directed to execute and deliver to the
purchaser a certificate in accordance with the provisions of Section 103(c) of the
Code and Treasury Regulations, Sections 1.103-13, 1.103-14 and 1.103-15,
stating that OR the basis of the facts, estimates and circumstances in existence
on the date of issue and delivery of the Bonds, as such facts, estimates and
circumstances are set forth in the certificate, it is not expected that the
proceeds of the Bonds will be used in a manner that would cause the Bonds to
be arbitrage bonds within the meaning of said Code and Treasury Regulations.
Motion for adoption of the resolution was duly seconded by Councilwoman Schmidt.
6.01. Refiistration.
I
cu 0 0 -3
6.03. Covenant. The City covenants and agrees with the holders from time
Q: a
6.04. Arbitrage. The Mayor and Finance Officer-Treasurer, being the offi-
Rollcall :
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
'whereupon said resolutkon was declared duly passed and adopted.
H.R.A. MEETING OF NOVEMBER 3, 1980, RECONVENED;
In the joirrt meeting of the Council and the Housing and Redevelopment Authority,
which meeting had been convened at 7:OO p.m. and adjourned until consideration of
this item of the agenda, Mr. Hughes recalled that, at the Council Meeting of April
7, 1980, Ordinance No. 811-A136 had been granted First Reading, subject to the
following conditions :
1) Edina entering into a written agreement with Crossroads Development as to the
anount of contribution by Edina, the source of funds for that contribution and
the timing of payment .of that contribution and also that the total contribution
must come from Community Development Block Grants;
2) Obtaining a written Development Agreement from Crossroads Development for the
project, including the size of and type of amenities in the market rate units;
3) That the final PRD plans also show the size of and amenities in the market
rate units, the location of all covered parking, and be approved by the Community
Development and Planning Commission and by the Council;
4)
ferences to be given to Edina employees and residents, 60/40 social mix and
Cransportation, and incorporating the other provisions of the memorandum from
the City staff to the Council dated March 26, 1980;
5) Crossroads Development obtaining the covered parking variance and utility
connection variance desired by Crossroads Development, and delivering written,
recordable agreements acceptable to Edina relati.ve to the variances ;
6) These conditions to be expressly agreed to by Crossroads 'Development, with
conditions to be worked out and fulfilled prior to final approval of the PRD
CROSSROADS DEVELOPMENT REQUEST FOR
PRD-3 ZONING APPROVED; APPROVAL OF HOUSING PROJECT CONTINUED TO NOVEMBER 17, 1980.
Obtaining a written recordable agreement accep'table to Edina as to the pre-
ll/ 3/80
202
plans and rezoning by the Council.
been taken by the Board of Appeals and Adjustments for necessary variances on
July 17, 19S0, by the Building Construction Board of Appeals for variances on September 22, 1980, that the Community Development and Planning Commission had, on
September 3, 1980, recommended granting final rezoiiiiig approval and that the Corn-
munity Development Block Grant Bonus Funds had been awarded on August 28, 1980.. lk.
Hughes reviewed final plans submitted by Crossroads Development and poiated out
that two garage spaces have been provided for market rate units, one garage has
been provided for all assisted units, with the exception that one-half garage
space has been provided for handicapped units, and added that all garages are
tuck-under units. He explained that there are 2.3 parking spaces per dwelling
unit, including 40 surface spaces. Mr. Hughes reviewed unit sizes, explaining
that the one bedroom units contain 676 square feet, the two bedroom units contain
1,073 square feet and the three bedroom units are approximately 1,200 square feet.
Grading plans have been designed to retain much of the existing vegitation.and a
storm water retention pond has been included in the Southwest portion of the pro-
ject which ties in with the ponding system to the South. Mr. Hughes advised that
all units have stoves and refrigerators, carpeting, decks, and, except for the
one bedroom units, all have 1% baths and garbage disposal units.
the market rate units also have dishwashers and central air conditioning. It was
pointed out that some of the units have wood foundations.
all funds €rom the City will come from Community Development Block Grant funds
and a total write-down of land of $366,000 has been requested by Grossroads Devel-
opment.
Inc., which was authorized by the Council, which analysis indicated that "the
subject project is not viable without a total 'write down' of land acquisition
. costs by the City of Edina. - - - that the available information is E final and
will very likely be revised.". Innresponse to a question of Councilman Bredesen,
Hr. Howard Shenehon said that, on the basis of information they have obtained, they
have formed the opinion that the rate .of return, even with 100% write-down, is so
marginal and so low that they could not expect another developer to come in and
pick up this project if Crossroads does not go thru with it.
an associate of Mr. Shenehon, said that the anticipated 6% rate of return is only
on the equity, and that the item that is particularly in question is not so much
the development cost, but the income that might be produced.
recently there has been an appeal for a very slight increase in the rents that
might be collected, and advised that there is an opportunity for greater return
on money invested for developers who are investing in market rate construction.
It was emphasized that this project will have to be in rental status for the next
20 years. Mr. Steven Winnick, Chairman of the Lewis Park Neighborhood Associ-
ation? suggested that the City should investigate the rate of return (after taxes)
that this project wa1 bring to Mr. Hyatt and the other investors in this project.
He said that the issue is not what the rate of return means to taxpayers who are
investing in the project, but the over-all financial gain to the investors. He
disagreed with Nr. Shenehon, stating that there are other developers who are
available to go i&to projects like this, and that Mr. Hyatt and his associates
will also be receiving additional fees for managing the project and for other
efforts that they have made.
Hughes said that the Amundson Ave. strip will be acquired and paid for by pri-
vate funds, but that the cost of Mr. Shenehon's report has been paid from City
funds. 3%. Winnick spoke of objections of the neighbors? stating that they
believe that the development will have a serious and severe impact upon the
health, safety and welfare of the citizens of Edina, and particularly of the
people in the immediate vicinity of the project. He said that neighbors con- ~
tinue to stand firm in favor of mixed development, but do not believe that Hr.
Hyatt is adhering to City standards, and that he is using shortcuts and unproven
methods. He made special reference to the wooden footings and aluminum kiring
and said that he believed that the assisted units and market rate units in the
project should all have the same equipment and amenities. He pointed out that
all of the low income units at Aspen Glen'have dishwashers. He questioned the .
fact that the units for the handicapped do not have covered parking stalls
or garbage disposals. Mr. Winnick also questioned how a handicapped person could
cope with a tandem garage. He said that Mr. Hyatt has not worked with neighbors
as he had'6rorriised at the time the project was granted preliminary approval.
Mrs. -Donna Scudder, representing the League of Women Voters and a nember of the-
Housing Committee, urged that the project be approved, noting the need for "afford-
able housing for Edina's elderly and for grown children".
ing Committee has recommended a goal of 185 to 405 units of newly constructed
assisted housing within the next ten years, and asked the Council to consider the
following questions in making its final decision:
opportunity for citizen input and involvement in the development process? 2)
Have citizens' concerns been responded to? 3) Will this development help
Nr. Hughes advised that required actions had
'
-
I
He added that
Mr. Hughes said that
Reference was made to the analysis of Shenehon, Goodlund, Taylor, Fruen, .
Mr. Mike Potcher
He added that u
In response to a question of Mr. Ninnick, Mr.
I
She said that the Hous-
1) Has there been adequate
I
11/3/83
203
achieve housing goals set by Edinr?? 4) Docs this development fit into the
over-all laud use plan? 5) What affect will future delays have? Will Edina
have future opportunities to find available aad feasible sites, to find realistic
and existing alternative assistance programs, or to put together an actual avail-
able mortgage package so that housing goals can be met? Mr. Henry Hyatt of Cross-
roads Development , showed a rendering indicating the appearance of the develop-
ment and said that these plans exactly correspond to the agreements that were
made and transmitted to the City Manager by Mr. Erickson and Mr. Hughes on March
26, 1980. He also explained that Mr. Findell has agreed to purchase the 30 foot
easement strip from Mr. Everson at no additional cost to Edina and with no ad-
justment to the purchase price.
the State Building Code, and to F. H. A. minimum standards and that the Building
Department has completely reviewed the plans. Mr. Hyatt clarified that the rate
of return that he receives is entirely different from those who are investing in
the project and compared the financing of the project with the financing of Yorlc-
dale Town Homes.
to be used and offered to show slides as to their use. Mr. Stuart Fraser of
Northern States Power Company said that all of their cable for residential homes
is aluminized, and that they only use copper for large cables.
a question of Councilman Bredesen as to what would happen in a few years if the
property begins to get run down, Mr. Hyatt said that he could not allow this to
happen because he would then be on a federal black list and that as soon as he
would have a default, he would be shut out of his profession
type of housing. He added that the federal government protects this type of dev-
elopment by making sure that adequate funds are set aside to assure future replace-
ment and that he will be required to put away over $12,000 per year'in a replace-
ment reserve that will be controlled by the federal government. The lfayor - .
pointed out bhat this project has been studied intensively and commended the atti-
tude of the neighbors in their suggestions as well as the report of the Housing
Committee, Councilman Richards said that he believes that Mr. Hyatt is as good
a developer of low and moderate income housing as anyone in the country, but that
he does not believe that this particular project is best for the community in
that it requires too many variances. He also expressed concern that it is not
right to support subsidies for the market rate units which are included in the
project,
and said that, while Edina cannot possibly provide as many low and maderate
income housing units as the Metropolitan Council recommends, he thinks that
approval of this project will meet City standards and will provide housing . ~
for Edina young people who could not otherwise afford to live in Edina.
man Courtney then moved approval of the Development Plan and rezoning the pro-
perty to Planned Residential District PRD-3, subject to acquisition of the
rezoned property by the H.R.A. and resale to the Developer, pursuant to the
Sale and Development Contract and H.R.A. deed, and with the understanding that,
upon rezoning, the previously adopted resolution vacating Amundson Ave. will
become effective. He then offered Ordinarice No. 811-A136 for Second Reading and
moved its adoption as follows:
He said that they are building to standards of
The project architect described the wood foundations proposed
In response to
of developing this
Councilman Courtney referred to the mandates of the Netropolitan Council
Council-
ORDINANCE NO. 81 1-A136
AN ORDINANCE AMENDING THE ZONING OP3INANCE (NO. 811)
BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (FRD-3)
THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is
"The extent of the Planned Residential District (Sub-District PRD-3) is
Lot 1, Block 1, and Lot 1, Block 2, Findell Second Addition, according to
the plat thereof on file or of record in the office of the Registrar of
Titles in and for Hennepin County, Minnesota, together with all that part:
of Amundson Avenue, now or hereafter. vacated, dedicated by the plat of
said Findell Second Addition (which is in Sub-District PRD-3).
Sec. 2. This ordinance shall be in full force and effect upon its passage
enlarged by adding the following thereto :
enlarged by the addition of the following property:
and publication.
Motion for adoption of the ordinance was seconded by Ccuncilwoman Schmidt who
remarked that she has alvays been in favor of the project since it will help the
City meet its low and moderate income housing requirements. She added that she
considers Mr. Shenehon's report to be unbiased and that the escrow account which
is required of the developer in add2tion to the fact that 60% of the project is
market rate units will assure that the property will not fall into disrepair.
Rollcall :
Ayes: Yredesen, Courtney, Schmidt, Van Vallcenburg
Nays: Richards
Ordinance adopted
204
ATTEST:
Nr. Erickson then recommended adoption of resolutions by the City Council and
H.R.A. as a housing project and authorizing acquisition of the property by eminent
domain, if necessary. Objection was made to the 1anguage.in the preamble of the
proposed resolution. Councilwoman and Commissioner Schmidt's motion was then
seconded by Councilman and Commissioner Bredesen, continuing the hearing of
both the Council and the 1i.R.A. until November 17, 1980, to give the City
Attorney an opportunity to prepare new resolutions which will more clearly
reflect the desires of the Council and H.R.A. and to authorize action on the pur-
chase and sale of the land in question. I .
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
. Notion carried.
The agenda for the joint H.R.A. and City Council Meeting having been covered,
the meeting of the H.R.A. and the joint meeting of the H.R.A. and City Council
was adjourned.
BRAEMAR ASSOCIATES (LIONS GATE 1ST ADDITIO3) PRELININARY PLAT AND SECOND READING
OF ORDINAXCE NO. 811-A132 CONTINUED TO NOVENBER 17, 1980. As reconmended by E.
Rosland, Councilman Courtney's motion was seconded by Councilman Bredesen, con-
tinuing preliminary plat for Braemar Associates (Lions Gate 1st Addition)and Sec-
ond Reading of Ordinance No. 811-A132 to November 17, 1980.
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Ma tion carried.
HEARING DATES SET OX PLANNING MATTERS.
ment, Councilmaq Richards' motion was seconded by Councilman Bredesen, setting
hearing date of November 17, 1980, for the following:
As recommended by the Planning Depart-
1.
a Ordinance No. 811-A140 (Generally located North of Vernon Ave. and East of
Hansen & Nartinson .- Preliminary Plat Approval and Second Reading of Zoning
Lincoln Dr.
Al Johnson Construction Company *- R-1 Residential District to 0-1 Office Dis- 2.
' trict - Generally located South of TJ. 76th St. and East of York Ave.
ONE CORPORATE CENTER PHASE V GRANTED FINAL PLAT PiPPROVAL. Mr. Hughes presented
One Corporate Center Phase V for final plat approval, conditioned on execution
of a draft agreement as to the building design, the granting of an easement for
the new roadway between Metro Blvd. and Ohms Lane and the execution of the
developer's agreement, and advised that Messrs. AI. Schachman and Pat Ryan, repre-
senting the proponents were present.
ponents have submitted a 100% Storm Sewer petition on which action is requested.
No comments being heard, Councilwoman Schmidt offered the following resolution
2nd moved its adoption:
Nr. Hughes also pointed out that the pro-
RESOLUTION
BE IT RESOLVED by the Edina City Council that that certain plat entitled One
Corporate Center Phase 5, platted by Ryan Construction Company of Minnesota,
Incorporated, and pres'ented at the Edina City Council Meeting of November 3,
1980, be and is hereby granted final plat approval, subject to the following
conditions :
* 1.
2.
3.
Execution of a draft agreement as to building design;
Granting of an easement for the new roadway between Metro Blvd. and Ohms
Lane
Execution of the Developer's Agreement
-tion for adoption of the resolution was seconded by Councilman Courtney.
Roll call :
Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg
Nays: Richards, who reitereated his objection to the creek crossing '
Resolution adopted.
STORM SEWER IMPROVEMENT NO. ST.S-165 ORDERED ON 100% PETITION.
neerreported that a petition for an improvement consisting of Storm Sewer in One
Corporate Center Phase V had been received in his office on October 23, 1980,
signed by owners of real property located in One Corporate Center Phase 3 and.-One
corporate Center Phase 5, and by the owners of Lots 18, 19 and 20, Edina Inter-
change Center, Third Addition, viz: Michael T. DeCourcy, President of Edina Place,
Inc., and Alan W. Schachman, Assistant Secretary of One Corporate Center. Said
petition also requested the Council to assess the entire cost against the pro-
perty of such owners.
moved its adoption:
The City Engi-
Council.wc;tnan Schmidt offered the following resolution and
I .-
N 0 cn -3 Q:
IQ
205
RESOLUTION ORDERING STORM SJNER IM?ROVEkENT NO.
ST. S-1G5 UPON PETITION THEREFOR
BE IT RESOLVED by the City Council of the City of Ediria, Minnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct a storm sevt?r improvement in One Corporate Center Phase
V and in Lots 18, 19 and 20, Edina Interchange Center, Third Addition, and to
assess the entire cost against the property oE the petitioners, and that ,said
petition has been signed by all owners of real property abutting on said property
where said improvement is to be located.
2. The making of said improvement in accordance with said petition is hereby
-ordered pursuant to Mnnesota Statutes, Section 429.031 (3), (Session Laws of
1961, Chapter 525, Section 2).
be referred to in all subsequent proceedings as STORPf SmJER IPPRCiVEPENT NO. ST.S-
165. The entire cost of said improvement is hereby ordered to be assessed
against the properties in One Corporate Center Phase 3 and One Corporate Center
Phase 5 and in Lots 18, 19 and 20, Edina Interchange Center Third Addition.
Motion for adoption of the resolution was seconded by Councilman Richards.
Said improvement is hereby designated and shall
__ - . Rollcall :
Ayes:
Nays: None
Resolution adopted.
Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
MIRROR LAKES DRIVE TWFIC CCNCERRS RSFERRED TO TRAFFiC SAFETY COMMITTEE. Mr.
Roslznd called Council's attention to a petition from residents living on Mirror
'Lakes Drive, Xorthwood Drive, South Drive, Ayrshire Blvd. and Hidden Lane, ob-
jecting to traffic speed on Plirror Lakes Drive. As recommended by the City Mana-
ger, Councilman Courtney's motion referring the matter to the Traffic Safety Com-
mittee, was seconded by Councilwoman Schmidt.
Ayes: Rredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Motion carried.
CUPS FOR PARK DEPARTNENT PURCHtlSE APPROVED,
three bids foytliree sizes of cold cups for the concession stands of the Park
Nation Wide Paper at $7,634.00 and Van Paper Company at $8,428.00.
woman Schnidt's motion for award to recommended lot bidder, Endean & Associates
at $5,030.00, was seconded by Councilman Richards.
Mr, Rosland presented tabulation of
Department. Tabulation showed Endean & Associates low bidder at $5,030.00, .... .' . ...
Council-
'Ayes: Eredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: Kone
Xotion carried.
CITY HALL REMODELING BIDS REJECTED, Mr. Rosland presented tabulation of bids
for remodeling City Hall to provide for handicap access and toilet facilities
(base bid) and Alternate 81 under which the lunchroom would be moved to the
Morthwest corner of the building and meeting room would be added. He said that
Alternate #2 (enlarging of the Police Department), Alternate #3 (painting of
lunchroom and Police Department), and Alternate 114' (carpeting) could be done by
City cr~t7s. Tabulation for Base Bid and Alternate #I showed Norman Berglund low
bidder at $232,566, Adolfon & Peterson at $233,000, I?. H. Cates Construction at
$265,525, Construction General at $273,945, Dean and Associates at $266,364 and
C. 0. Field Co. at $251,706, with high bidder being Kraus-Anderson Building
Company at $277,800. He explained that it is necessary to enlarge the Police
Department but that this could not be done without moving the lunchroom. Mr.
Rosland recalled that $350,000 is available in capital improvement funds and
$150,000 from Community Development funds.
to spend $170,000 for improvements on the Public Works Garage and $55,000 €or a
new telephone system. In response to questions from the Council, Mr. Poster Dun-
widdie, the architect, estimated that bids might be 5% higher if the award should
be continued until spring. Discussion ensued as to the possibility of moving
City Ifall to the Wooddale School building. The possibility of using Edina East
Upper Division for City Hall was also mentioned.
was then seconded by Councilman Courtney that plans continue for the remodeling
of the Fublic Works Garage and for the new telephone system and that bids for
remodeling of City gall be rejected until alternative solutions can be studied.
He recalled also that it is proposed
Councilman Bredesen's motion
Ayes:
Motion carried,
Rredesen, Courtney, Richards, Van Valkenburg
I
. Nays: Schmidt
REVENUE SHARING HEARING NOTED. Mr. Rosland advised Council that there will be a
Revenue Sharing Hearing on November 10, 1980 at 4:OO p.m. which will be covered
by the staff. No formal action was taken.
11/3/80
206
IJOODDALE SCHOOL USE COEDfITTEE REPORT NOTED.
report of the Wooddnle School Use Committee.
Council's attention was called to a
No action was taken.
CANVASSING BOARD MEETING SET.
Schmidt's motion was seconded by Councilman Bredesen, that Council meet as the
Canvassing Board on November 6, 1980, at 5:OO p.m.
As recoinniended by the City Clerk, Councilwoman
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Notion carried.
CASCADE WELL REPAIR REFERRED TO HISTORIC PRESERVATION BOARD. Mr. Rosland called
~ Council's attention to a letter from the Plinnesota Department of Health asking the
City to cap an old well that was used some years ago to supplement the millpond
water on Ninnehaha Creek.
of Health will be costly and said that the City is considering "capping" the
widdie of the Historic Society showed a 1934 copy of the Edina Crier, and said
that there is some historic importance to the structure. Councilman Richard2 motion
referring the matter to the Historic Preservation Board was then seconded by
Councilwoman Schmidt.
I *
He explained that procedures recommended by the Board
. well without having to reactivate the system as requested. Xr. Foster Dun-
.
Ayes: Bredesen, Courtney, Richards, Schmidt, VanValkenburg
Nays: None
Motion carried.
CABLE TV SCHEDULE NOTED. Mr. Rosland advised Council that the Southwest Cable
Commission will be meeting on November 12, 1980, to forward to the various .City
Councils an ordinance recommending Minnesota Cable Systems. He estimated that
Edina would conduct First Reading of the ordinance on December 1, with Second
Reading to be conducted on December 15. He said that, after Certification by :
the Cable Board in an additional month or two, construction could commence pro-
viding there are no problems. No action was taken.
-- HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY ORGANIZATIONAL HEARING TO BE CON- '
DUCTED. Mr. Rosland called Council's attention to a resolution adopted by the
Hennepin County Board of Commissioners providing for the Hennepin County Reg-
ional Railroad Authority, the purpose of which Authority is the preservation and
improvement of local rail service in accordance with the powers and authorities
granted by Minnesota Statutes.
SIGH ORDINANCE DISCUSSED, Councilman.Bredesen observed that he had seen poli-
tical signs which had been erected in violation of City ordinances and asked
that the ordinance either be enforced or amended before the next election. No
formal action was taken.
I No formal action was taken.
FOX CORD0 EAST APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS NOTED; HEARING
DATE SEI. As recommended by'Mr. Rosland, Councilwoman Schmidt's motion was
.. seconded by Councilman Richards, setting November 17, 1980, as the hearing date
for York Condo East appeals from the Board of Appeals and Adjustments decision
regarding the need €or additional outside parking at 7200 York Ave. S., was
seconded by Councilwoman Schmidt.
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Hotion carried.
PROPERTY UPKEEP OBJECTION NOTED. Council's attention was called to an anoni-
mous letter objecting that some property owners do not maintaia theirproperty
up to normal standards for the City. No action was taken.
MINNESOTA BUILDING MOVERS ASSOCIATION CONCERN NOTED. Mr. Rosland advised .
Council of a letter from Minnesota Building Movers Association which expressed
concern about overhead Cable TV lines.
utility lines are overhead, all cable lines will also be overhead, but that
cable lines will be installed underground in areas where there are underground
utility lines. No action was taken.
It was noted that where present
BROOKSIDE TERRACE CROSSING OVER THE lfN&S MILROAD RIGHT-OF-WAY CLOSING REQUESTED. .
Mr. Rosland called Council's attention to a petition signed by property owners
on Brookside Terrace, Motor Street, W. 44th St. and Brookside Ave. requesting :
that the crossing over the EfN&S Railroad right-of-way at the South end of Brook-
side Terrace be closed to all traffic except emeEgency vehicles.
Richards' motion referring the petition to the Traffic Safety Committee was
seconded by Councilinan Courtney.
Councilman
11/3/80
Ayes : Bredesen, Courtney , Richards , Schmidt , Van Valkcnburg
Nays: None
El0 tion carried.
LIQUOR FUND AS OF SEPTENBER 30, 1980, was presented by Mr. Dalen, reviewed and
ordered placed on file by motion of Councilwoman Schmidt, seconded by Councilman
Bredesen.
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Motion :carried.
SOLID VASTE CONNISS'LONS CONFIRNED. Councilwoman Schmidt's motion was seconded by
Councilman Bredesen, confirming the appointment of Willis F. Shaw as the delegate
and Councilman Richards as the alternate delegate to the Solid Waste Commission.
_I_-
Ayes:
Nays: None
Motion carried.
Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
W. 78TH STPJ?ET/CA€IILL ROAD EASEMENT VACATION DATE SET.
Hoffman, Councilman Richards offered the following resolution and moved its adop-
As recommended by tk.
t ion :
RESOLUTION CALLING PUBLIC HEARING
ON VACATION OF EASEMENT FOR ROAD PURPOSES
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne-
sota, as follows:
It is hereby found and determined after receipt of the petition of the
owners of land abutting thereon, 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: I
1.
A strip of land over under and across the Southwest Quarter of the South-
east Quarter of Section 8, Township 116, Range 21, Hennepin County,
. Minnesota, said strip being 7 feet in width contiguous with and adjoining
the Westerly side of the following described Tract A, described as beginziiqg
at the Northerly boundary of'the following described Tract B and extending
in a Northerly direction for a distance
the centerline of said following described Tract A.
Also together with that part of the Southwest Quarter of the Southeast
Quarter of Section 8, Township 116, Range 21, Bennepin County, IEnnesota, .
which lies between the west boundary of the last described 7 foot strip
and the northerly boundary of the following described Tract B and a line
described as beginning at a point on the centerline of the following des-
cribed Tract A distant 145.00 feet northerly of the point of beginning of
the centerline of said following described Tract A; thence southwesterly to
a point on the northerly boundary of said following described Tract B, said
point beginning 320 feet west'erly from the east line of said Southwest
Quarter of the Southeast Quarter as measured along the centerline of said
folloving described Tract By and said line there terminating.
Tract A - A strip of land over and ticross the Southwest l/4 of the Southeast
1/4 of said Section 8, said strip being all that part of said Southwest l/h
of the Southeast 1/4 which lies within a distance of 33 feet on each side - of the following described centerline: From a point on the centerline of .
main tract of the Minneapolis, Northfield and Southern Railway, distant
190 feet Northeasterly from the South line of said Section 8; thence running
in a Northwesterly direction at an angle of 60 degrees, 44 minutes with said
centerline of the main tract for a distance of 485 feet to the point of
beginning of the centerline being described; thence deflect to the right in
a Northeasterly direction at an angle of 65 degrees, 40 minutes for a dis-
tance of 800 feet, mOre or less, to the centerline of Old Township Road
along the east line of said Southwest 1/4 of the Southeast 1/4 and there
terminating.
Tract B - A strip of land over and across the Southwest 1/4 of 'the Southeast
1/4 of Section 8, Township 116, Range 21, ,such strip being all that part of
the above-described tract which lies within a distance of 40 fee's on each
side of the following described centerline:
West boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 8,
distant 14.5 feet North of the Southwest corner thereof; thence running in
a Northeasterly direction at an angle of 88 degrees 27 minutes, with said
West boundary for a distance of 796.9 feet; thence deflect to the left on a
4 degree, 00 minutes curve, with a delta angle of 25 degrees, 47 minutes
for a distance of 644.6 feet; thence on a tangent to said curve for a
distaace of 558.2 fect; thence deflect to the right on a 7 degree; 30 mfn-
rate curve, with a radius of 764.5 feet for a distance of 765 feet and there
of 210 feet, when measured along
Beginning at a point on the
11/3/80
208
terminating.
Tract C - A strip of land 10 feet in width lying immediately adjacent to it
on the Northerly side OF Tract €3 described as beginning at a distance of
890 Feet Northerly froin the \Jest boundary of the said Southwest 1/4 of the
Southeast 1/4 and extending in a Northeasterly direction for a distance of
200 feet (when measured along said centerline).
2.
in paragraph 3 hereof for the purpose of holding a public hearing on whether such
vacation shall be made in the interest of the public.
The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun, being the official newspaper of the City, the first publication at least 14
days prior to the date of such hearing, in at least three (3) public and conspicu-
our places within the City, as provided in Minnesota Statutes, Section 412.851.
This Council shall neet at the time and place specified in the notice included
I .3.
Such notice shall be in substantially the following
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
' EDINA, NXNESOTA 55424
NOTICE OF PUBLIC HEARING
FOR VACATION OF EASEMENT FOR ROAD
IN THE CITY OF EDINA
form:
PURPOSES
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEX that the City Council of the City of Edina, Hennepin County,
Minnesota, will meet at the Edina City Hall, 4801 I?. 50th Street, on Monday, Nov- .
ember 17, 1980, at 7:00 p.m. o'clock for the purpose of vacating the following
easements for street purposes:
A strip of land over under and across the Southwest Quarter of the South-
east Quarter of Section 8, Township 116, Range 21, Hennepin County,
Minnesota, said strip being 7 feet in width contiguous with and adjoining
the 'Westerly side of the following described Tract A, described as beginning
at the Northerly boundary of the following described Tract B and extending
in a Northerly direction for a distance
the centerline of said following described Tract A.
Also together with that part of the Southwest Quarter of the Southeast
Quarter of Section 8, Township 116, Range 21, Hennepin County, Minnesota,
which lies between the west boundary of the last described 7 foot strip
and the northerly boundary of the following described Tract B and a line
described as beginning at a point on the centerline of the following.des-
cribed Tract A distant 145.00 feet northerly of the point of beginning of .
the centerline of said following described Tract A; thence southwesterly to
a point on the northerly boundary of said following described Tract B, said
point beginning 320 feet westerly from the east line of said Southwest
Quarter of the Southeast Quarter as measured along the centerline of said
following described .Tract B, and said line there terminating.
Tract A - A strip of land over and across the Southwest 1/4 of the Southeast
1/4 of said Section 8, said strip being all that part of said Southwest 1/4 . of the Southeast 1/4 which lies within a distance of 33 feet on each side
of the following described centerline: From a point on the centerline of
main tract of the llinneapolis, Northfield and Southern Railway, distant
190 feet Northeasterly from the South line of said Section 8; thence running
in a Northwesterly direction at an angle of 60 degrees, 44 minutes with said
centerline of the main tract for a distance of 485 feet to the point of
beginning of the centerline being described; thence deflect to the right in
a Northeasterly direction at an angle of 65 degrees, 40 minutes for a dis-
tance of 800 feet, more or less, to the centerline of Old Township Road
along the east line of said Southwest 1/4 of the Southeast 1/4 and there
terminating .
Tract B - A strip of land over and across the Southwest 1/4 of the Southeast
1/4 of Section 8, Township 116, Range 21, such strip being all that part of .
the above-described tract which lies within a distance of 40 feet on each
side of the following described ccntcrlinc:
West boundary of the Southcast 1/4 of the Soutlwest 1/4 of said Section 8,'
distant 14.5 feet North of the Southwest corner thcrcof; thence running in
a Nortlicastcrly dircction at an anglc oE 85 degrees 27 minutes, with said
Wcst boundary for n distance of 736.9 feet; thcnce deflect to the left on a
4 degrcc, 00 minutes curve, with il delta angle of 25 degrees, 47 winutes
for a distance of 644.6 Eect; thence on il tangent to said curve 'for a
djseance of 558.2 feet; thence dcFlcct to the rLght on a 7 degree; 30 min-
I. of 210 feet, when measured along
u .
~
Reginning at a point on the
'. .
1.1/3/80 209
ute curve, witti ;1 radius of 764.5 Ecet for a distance of 765 feet and there
terininat ing . Tract C - A strip of land 10 feet in width lying immediately adjacent to it
on tl~e Nortllcrly side of Tract B clcscribcd as beginning at a distance of
890 feet: Northerly from the West boundzry of the said Southwest 11’4 of the
Southeast 1/4 and extending in a Northeasterly direction for a distance of
200 feet (when measured along said centerline).
I
Ail persons who hesire to be heard with’r-eFect to the question of whether or not
the above proposed easement for street purposes vacation is in the public inter-
est and should be made shall be heard at said time and place. The Council shall
consider the extent to which such proposed easement vacation affects existing
easements within the area of the proposed vacation and the extent to which the
vacation affects the authority of any person, corporation, or muEicipality own-
ing or controlling electric or telephone poles and lines, gas and sewer lines,
or water pipes, mains, and hydrants on or under the area of the proposed vaca-
tion to continue maintaining the same or as to enter upon such easement or
portion thereof vacated to maintain, repair, replace, remove or otherwise attend
thereto, for the purpose of specifying, in any such vacation resolution, the
extent to which any or all of any such easements, and such authority to main-
tain or to enter upon the area of the proposed vacation shall continue.
BY ORDER OF THE EDINA CITY COUNCIL.
I
Florence B . Hallberg
City Clerk
McJtfon for adoption of the resolution was seconded by Councilman Bredesen.
Rollcall :
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Resolution adopted.
CLAIMS PAID. Motion of Councilwoman Schmidt was seconded by Councilman Courtney
for payment of the following Claims as per Pre-List: General Fund, $45,348.49;
Park Fund, $10,271.27; Art Center, $6,866.42; Park Construction, $938.95; Swim-
ming Pool, $849.87; Golf Course, $6,145.40; Recreation, $5,989.57; Gun Range,
$1,880.50; Water Fund, $5,445.32; Sewer Fund, $2,390.83; Liquor Fund, $4,749.05;
Construction, $13 , 22 1.50 ; IBR #2 , $132.60 ;‘ To tal, $104 , 229.77.
Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Iktion carried. Councilman Bredesen asked the staff to study the reason for
declining sales at the 50th Street Liquor Store.
No further business.- appearing, the llayor declared the meeting adjourned.
j ournment at 10 :20 p .m.
..
Ad-
. City Clerk