HomeMy WebLinkAbout1991-09-9/23_COUNCIL PACKETAGENDA
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
EDINA CITY COUNCIL
SEPTEMBER 9, 1991
7:00 P.M.
ROLLCALL - HRA & COUNCIL
PROCLAMATIONS - CITIZENSHIP DAY AND CONSTITUTION WEEK
ABC FOUNDATION DAY
COMMENDATION - EUGENE DAVIS
ADOPTION OF CONSENT AGENDA ITEMS - Adoption of Consent Agenda Items is made by the
Commissioners as to HRA items and by the Council Members as to Council items. All agenda
items marked with an asterisk (*) and in bold print are Consent Agenda Items and are
considered to be routine and will be enacted by one motion. There will be no separate
discussion of such items unless a Commissioner or Council Member or citizen so requests,
in which case the item will be removed from the Consent Agenda and considered in its normal
sequence on the Agenda.
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
* I. APPROVAL OF MINUTES of HRA Meeting of August 19, 1991
* II. PAYMENT OF HRA CLAIMS
III. RELEASE OF AGREEMENT - Outlot C, South Edina Development Addition (Parklawn Avenue)
IV. ADJOURNMENT
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EDINA CITY COUNCIL
I. APPROVAL OF MINUTES of Regular Meeting of August 19, 1991
II. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk.
Presentation by Planner. Public comment heard. Motion to close hearing. Zoning
Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all
members of Council to pass. Final Development Plan Approval of Property Zoned
Planned District: 3/5 favorable rollcall vote required to pass.
A. I-494 Corridor Commission (JPO) Travel Demand Management Ordinance Contract
* B. Approval of CDBG Third Party Funding Agreements
* C. Set Hearing Date (09/23/91)
1. Preliminary Rezoning PCD-4 to PCD-2 Planned Commercial District - 5100
Vernon Avenue - Semper, Inc.
2. Preliminary Rezoning R-1 Single Dwelling Unit District to POD-2 Planned
Office District and Preliminary Plat Approval - Tract R, RIS No. 1050 -
Normandale Golf Area
3. Comprehensive Plan Amendment - Quasi -public to Public and Office -
Normandale Golf Area
4. Preliminary Rezoning R-1 Single Dwelling Unit District to PRD-2 Planned
Residence District and Preliminary Plat Approval - Outlot B, Parkwood
Knolls 20th Addition
5. Preliminary Plat Approval - Wooddale Lakes Addition - Ratter Family
Partnership
6. Conditional Use Permit - Parking Lot Expansion - Christ Presbyterian
Church - 6901 Normandale Road
Agenda
Edina City Council
September 9, 1991
Page 2
III. SPECIAL CONCERNS OF RESIDENTS
IV.
V.
AWARD OF BIDS
A.
B.
C.
D.
E.
F.
G.
Sanitary Sewer Lift Station (LS-11) Remodeling
New Survey Equipment
Rock Salt for Ice Control
Two Signal Control Cabinets and Controllers
Ventilation for Carbon Air Scrubber
Braemar Golf Course - Hole #6 Reconstruction
Fire Station Dispatch Center Console
RECOMMENDATIONS AND REPORTS
A.
B.
C.
D.
E.
F.
G.
Bryant Lakes Hennepin County Regional Park - Joan Lonsbury
Release of Agreement - Outlot C, South Edina Development Addition
Park Board Appointment (Sour replacement)
Human Relations Appointment (Hurley replacement)
Recycling Commission Appointment (Sweeny replacement)
Set Hearing Date - Wine and Beer License Fees (10/21/91)
Set Hearing Date - Malibu Drive, Landmark Addition (09/23/91)
VI. COMMUNICATIONS
A. Joy M. Betz Letter - Requesting Sidewalk Project
VII. INTERGOVERNMENTAL ACTIVITIES
VIII. SPECIAL CONCERNS OF MAYOR AND COUNCIL
IX. MANAGER'S MISCELLANEOUS ITEMS
X. FINANCE
A.
B.
C.
D.
Mon Sept 23
Mon Oct 7
Mon Oct 21
Sat Oct 26
Mon Nov 4
Mon Nov 11
Mon Nov 18
Sat Nov 23
Resolution - Reimbursement Regulations
Resolution Cancelling Levy for 1992 on $5,400,00
Series 1984
Resolution Cancelling Levy for 1992 on $2,200,000
Payment of Claims as per pre -list dated 09/09/91:
SCHEDULE OF UPCOMING MEETINGS/EVENTS
Regular Council Meeting
Regular Council Meeting
Regular Council Meeting
Ordinance Codification Work Session
Regular Council Meeting
VETERANS DAY - CITY HALL CLOSED
Regular Council Meeting
Ordinance Codification Work Session
0 G.O. Improvement Bonds,
G.O. Redevelopment Bonds
Total $807,182.33
7:00 p.m. Council Room
7:00 p.m. Council Room
7:00 p.m. Council Room
8:00 a.m. Arneson Acres
7:00 p.m. Council Room
7:00 p.m. Council Room
8:00 a.m. Arneson Acres
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PROCLAMATION
WHEREAS, we the people did ordain and establish a Constitution for the United States of
America to secure the blessings of liberty for ourselves and our posterity; and
WHEREAS, it is important that all citizens fully understand the provisions, principles and
meaning of the Constitution so that they can support, preserve and defend it against
encroachment; and
WHEREAS, the President and the Congress of the United States have designated
September 17 as CITIZENSHIP DAY and the week of September 17 - 23 as
CONSTITUTION WEEK; and
WHEREAS, the people of the City of Edina do enjoy the blessings of liberty, the guarantees
of the Bill of Rights, equal protection of the law under the Constitution and the freedoms
derived from it;
NOW, THEREFORE, BE IT RESOLVED that I, Frederick S. Richards, Mayor of the City
of Edina, in cooperation with the Commission on the Bicentennial of the United States
Constitution, do hereby proclaim
SEPTEMBER 17, 1991 as CITIZENSHIP DAY
and
THE WEEK OF SEPTEMBER 17 - 23 AS CONSTITUTION WEEK
and invite every citizen and institution to join in the national commemoration of these
events.
IN WITNESS THEREOF, I hereunto set my hand and cause the seal of the City of Edina
to be affixed this 9th day of September, 1991.
Mayor Frederick S. Richards
A Proclamation.
Whereas, the Edina ABC Foundation has, since its founding in 1971, provided exceptional
educational opportunities within Edina Schools for nearly 100 disadvantaged minority
students;
Whereas, the activities and accomplishments of the Edina ABC Foundation have immeasurably
contributed to the social foundations of Edina schools and the broader community;
Whereas, The Edina ABC Foundation has and continues to benefit program providers and recipients
equally and significantly;
Whereas, The Edina ABC Foundation and Scholars have inestimably enriched the community and
enhanced Edina's cultural diversity;
Whereas, Many Edina ABC Foundation Scholars remain in or return to Edina, further enhancing the
cultural richness of the community; and,
Whereas, The Edina ABC Foundation has received local and national acclaim for its splendid
program and success.
Now, therefore, I, Frederick S. Richards, as Mayor of the City of Edina, do hereby proclaim the
Eighth day of September, 1991, to be
Edina ABC Foundation Day
in the City of Edina and urge all Edina residents to join with me
in warmly welcoming the Edina ABC Foundation Scholars
to the Edina schools and community.
In Witness Whereof I have hereunto set my hand and seal this Ninth day of September, 1991.
Frederick S. Richards
Mayor
MINUTES
OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY
AUGUST 19, 1991
ROLLCALL Answering rollcall were Commissioners Kelly, Paulus, Rice, Smith and
Richards.
CONSENT AGENDA ITEMS ADOPTED Motion was made by Commissioner Smith and was
seconded by Commissioner Rice to adopt the HRA Consent Agenda items as
presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MINUTES OF THE MEETING OF AUGUST 5 1991 APPROVED Motion was made by
Commissioner Smith and was seconded by Commissioner Rice to approve the HRA
Minutes of August 5, 1991.
Motion carried on rollcall vote, five ayes.
RESOLUTION ADOPTED CONVEYING PHASES V AND VI
Presentation by HRA Director
Executive Director Hughes explained
Lakes condominium developer, Laukka
discuss the conveyance of the Phase
before the Council is almost exactly the
- CENTENNIAL LAKES CONDOMINIUMS
that on September 5, 1989, the Centennial
Development, appeared before the HRA to
IV condominium property. The matter now
same, only Phase V will introduce
more of a market -rate condominium element into the project, rather than a low
or moderately priced unit as with Phases I through IV. Assuming that the HRA
is of the same opinion as two years ago, which was that the introduction of a
higher priced product made sense from both a market and development
standpoint, the issue again is to what extent should the HRA be involved
financially in the development.
In the first four buildings, the HRA participated by providing $650,000 of
direct unrecoverable write -down to the project. The HRA contributed an
additional $200,000 per phase to form the second mortgage pool used to assist
purchasers who otherwise could not afford the units. For Phase V Laukka
Development has requested permission to build a 28 unit market rate
development. The average floor area of each unit is proposed to be
approximately 1700 square feet, with an average sale price of $177,000.
Phases I and II are 46 unit, non -elevator buildings and Phases III and IV are
42 unit buildings with elevators. Laukka Development has requested the HRA
provide an unrecoverable subsidy towards Phase V of $450,000, which is
$200,000 less than was provided for the first four buildings. However, it is
$200,000 more than was approved by the HRA when it considered this in
September 1989.
In reviewing Laukka Development's request for Phase V, the HRA may wish to
consider the following, both pro and con:
1. Phase V would be identical in exterior appearance to previous phases.
Therefore, the floor plans for Phase V must be substantially modified to
accommodate the redesign. Laukka Development submits that this is expensive
and will increase cost which cannot be fully recovered in the unit selling
price.
2. Phase V would be the first departure from offering housing
opportunities for low and moderate income individuals. However, not all Phase
I through IV purchasers are low income. Although they do not qualify for a
second mortgage, they may purchase a unit and therefore benefit from the
unrecovered subsidy in the earlier phases.
3. Laukka Development's gross margin is capped at 25% of cost. Any
benefit realized from the additional unrecoverable subsidy would be in the
form of faster sales and resultant reduction in holding cost.
4. Phase V could provide a test market for more affluent housing for
future development of other Centennial Lakes housing sites.
5. Although land costs are somewhat higher than similar market rate
projects, staff cannot identify other site or design conditions that make the
Phase V site more difficult or costly to develop.
6. Due to the progressive nature of the property tax system, a 28 unit
building with average sales price of $170,000 would generate more tax
increment than either the 42 or 46 unit moderately priced buildings.
7. The market -rate condominiums would be directly competitive with other
market -rate condominiums in the City. Therefore, it may be difficult to
justify to the owners of such condominiums the reason for the unrecoverable
subsidy to this project.
8. The proposed subsidy would help facilitate the completion of the
initial condominium phase of Centennial Lakes. The HRA and the City would
benefit from this completion through the collection of tax increments, the
conveyance of property owned by the HRA and the completion of the edge between
the condominium development and the Park.
If the HRA grants approval for Phase V as requested, it then is subject to
review and approval of the East Edina Housing Foundation. Director Hughes
mentioned that for Phase VI, Laukka Development plans to return to a 46 unit
elevator building, again directed at moderate income purchasers. The attempt
would be to use up all the second mortgage proceeds that were created for this
venture with completion of the Phase VI project.
Presentation by Developer
Larry Laukka, Laukka Development, stated that the Centennial Lakes market
focus has changed from Edinborough. Edinborough has 392 walk-up garden
condominium units. Centennial Lakes was designed to follow in that mode and
the first two phases were just that. At Edinborough and at the inception of
Centennial Lakes older prospective buyers showed interest in elevator service
which was provided in Phases III and IV. In each of those buildings, the
majority of the units were sold to people of modest incomes which was the
ultimate goal. One of the goals was to maintain a formula that suggested that
80% of the people residing in Edinborough and Centennial Lakes earn less than
110% of the median income for the region. After 176 units have been built at
Centennial Lakes, of which 163 are sold, the 80% formula still works. The age
mix has changed from that of Edinborough, e.g., single women 25-35 who use the
second mortgage vehicle, single/ ivorced women 45-55 and the 65 plus group of
which many are widowed and yet ' t to own a home. The latter two groups
began to drive the need for the elevator building. The Housing and Urban
Development (HUD) has formally advised that the remaining buildings must
contain elevators to accommodate the Fair Housing Accessibility Standards
established nationally by HUD.
Mr. Laukka said the rationale for the market rate building previously proposed
in September 1989, failed for a variety of reasons. In April 1991, he
proposed a market rate building of 32 units which also failed in pre -sales.
After listening to what prospective buyers wanted, the proposed Phase V
building was designed for 28 units which will be taken to the market place.
The exterior appearance would be identical to Phases I through IV. The
Phase VI building is proposed as an elevator building with 46 units. The plan
is to market and construct both Phase V and Phase VI buildings simultaneously.
He indicated that construction financing is not readily available for these
types of developments and has a commitment to build these two buildings that
will expire at the end of 1991. To take advantage of that Laukka Development
would have to fulfill pre -sale requirements this fall, begin construction of
both buildings and complete the development next year.
Commissioner Comment/Action
Chairman Richards asked for comment and action by the Commissioners on the
request to convey Phase V, Centennial Lakes condominiums. The policy question
to be addressed is the extent of the HRA financial participation.
Regarding land costs, Commissioner Rice said he knew of no comparatives with
this degree of density that would attract this level of buyer and he could
understand the need for some help with cost. Although, these market rate
units will be competitive with other similar rate condominiums in the City, he
felt there is a need for some upscale units in the Edinborough/Centennial
Lakes project. Commissioner Rice concluded that the Centennial Lakes housing
element is nearly finished, should be totally completed and he would support
the conveyance and the subsidy as requested.
Commissioner Smith asked about the homeowner associations in the project.
Mr. Laukka explained that each building has its own association; however, the
individual associations get co -mingled into one board. Accordingly, there
will be one decision made for the maintenance of all the buildings.
Chairman Richards commented that, while Laukka Development is a known
commodity and he agreed the project should be completed, he could not in good
conscience spend public dollars for market rate housing. He stated he could
support a subsidy of $250,000 as was done prior but not the requested
unrecoverable subsidy of $450,000 based on the financial summary submitted.
Commissioner Paulus said she was concerned because the proposed average unit
price of $170,000 is far beyond the average home price in Edina now at
$145-150,000 and she could not support subsidizing that level of homeowner.
Mr. Laukka clarified that the strategy has been to do one building to expand
the market that does not compete with what is out there. By marketing and
constructing the Phase V and VI buildings simultaneously, the units can be
priced at the break point by trading dollars from building V to building VI.
Secondly, the second mortgage money will be parlayed into the Phase VI
building to provide a deeper subsidy for Phase VI. Also, the tax differential
between a 46 unit building and a 28 unit building is approximately $34,000.00.
Lastly, he pointed out that the future and last major segment of Centennial
Lakes, Outlot A, is also slated for some type of dense housing development.
There is an opportunity now to determine what it takes to move people into
that type of density which will be necessary in order to afford the land.
That final phase will not be supported by subsidy because the laws have
changed. He concluded by asking that both Phase V and Phase VI, Centennial
Lakes condominiums be conveyed simultaneously.
Commissioner Smith made a motion to approve conveyance of property for
Phase V, Centennial Lakes Condominiums for construction of a 28 unit market
rate housing project and to provide an unrecoverable subsidy of $450,000.
Motion for approval was seconded by Commissioner Rice.
Rollcall:
Ayes: Kelly, Rice, Smith
Nays: Paulus, Richards
Motion carried.
Commissioner Paulus made a motion to approve conveyance of property for
Phase VI, Centennial Lakes Condominiums for construction of a 46 unit moderate
priced housing project and to provide an unrecoverable subsidy of $650,000.
Motion for approval was seconded by Commissioner Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith
Nays: Richards
Motion carried.
Commissioner Smith introduced the following resolutions and moved their
adoption:
RESOLUTION RATIFYING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF VARIOUS 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,
subdivision 15, designated as the Southeast Edina Redevelopment Plan, and have
approved various amendments thereto (as so amended, the "Redevelopment Plan").
Acting pursuant to the Redevelopment Plan, the HRA has acquired certain land
in the area included in the Redevelopment Plan and it has been proposed that
the HRA sell and transfer a portion of such land to the East Edina Housing
Foundation (the "Foundation"), pursuant to a Land Sale Agreement by and
between the HRA and the Foundation (the "Agreement"). By a resolution adopted
March 7, 1988, the HRA approved the form of the Agreement and authorized any
two officers of the HRA to execute and deliver the Agreement on behalf of the
HRA with such modifications as were deemed appropriate and approved by the
Chairman and the Executive Director of the HRA. Pursuant to such
authorization, the Chairman and Vice Chairman of the HRA executed and
delivered the Agreement dated on or as of March 14, 1988. Subsequently, by
resolution dated September 12, 1988, the HRA approved execution and delivery
by any two officers of the HRA, on behalf of the HRA, of an Amended and
Restated Land Sale Agreement and Contract for Private Redevelopment between
the "A and Foundation with such modifications as the attorney for the HRA and
ExecLAve Director of the URA should approve (the "Amended Agreement").
Pursuant to such authorization the Chairman and Secretary of the HRA executed
and delivered the Amended Agreement dated on or as of September 30, 1988. In
connection with the transactions contemplated by the Amended Agreement, it is
now proposed that Phase V and Phase VI of the Condominium Development be
commenced on the property described as Lots 5 and 6, Block 1, The Homes of
Centennial Lakes, according to the recorded plat thereof, Hennepin County,
Minnesota (the "Phase V and Phase VI Condominium Property"), and that the
Phase V and Phase VI Condominium Property be conveyed pursuant to the Amended
Agreement and on the same terms and conditions as the Phase IV property was
conveyed with such changes and modifications as may be approved by the
Executive Director and the attorney for the HRA, including those resulting
from the grant of an unrecoverable subsidy of $450,000.00 for Phase V and the
proposed sale of Phase V units as market rate units without the use of second
mortgages, and resulting from the development of Phase VI as a 46-unit
building with elevator service to all units.
2. Authorization for Execution and Delivery of Documents. Any two officers of
the HRA are authorized and directed to execute said instruments and agreements
as may be required or be desirable to accomplish the conveyance of the Phase V
and Phase VI Condominium Property pursuant to the Amended Agreement with such
changes and modifications as may be approved by the Executive Director and
attorney for the HRA as above provided. The execution of such instruments and
agreements by any two officers of the HRA shall be conclusive evidence of the
approval of such documents by the HRA in accordance with this Resolution.
Dated as of the 19th day of August, 1991.
ATTEST: Chairman
Executive Director
RESOLUTION RATIFYING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS
Authorization for Execution and Delivery of Documents. Any two officers of
the Foundation are authorized and directed to execute such instruments and
agreements as may be required or be desirable to accomplish the conveyance of
the Phase V and Phase VI condominium property described as Lots 5 and 6,
Block 1, the Homes of Centennial Lakes, according to the recorded lot thereof,
Hennepin County, Minnesota. Such conveyance shall be made pursuant to the
Land Sale Agreement and Contract for Private Redevelopment, as amended, by and
between the Foundation and South Edina Development Corporation; with any such
changes and modifications as may be approved by the signing officers of the
Foundation and the attorney for the Foundation, including those resulting from
the grant of an unrecoverable subsidy of $450,000.00 for Phase V and the sales
of Phase V units as market rate units without the use of second mortgages, and
resulting from the development of Phase VI as a 46-unit building with elevator
service to all units. The execution of such instruments and agreements by any
two officers of the Foundation shall be conclusive evidence of the approval of
such documents by the Foundation in accordance with this resolution.
ATTEST: Chairman
Executive Director
Motion for adoption of the resolutions was seconded by Commissioner Rice.
Rollcall:
Ayes: Kelly, Rice, Smith
Nays: Richards
Resolutions adopted.
*CLAIMS PAID Motion was made by Commissioner Smith and was seconded by
Commissioner Rice to approve payment of the following HRA claims as shown in
detail on the Check Register dated 8/19/91, and consisting of 2 pages
totalling, $98,381.58.
Motion carried on rollcall vote, five ayes.
There being no further business on the HRA Agenda, Chairman Richards declared
the meeting adjourned.
Executive Director
REPORT/RECOMMENDAT1ON
To:
From:
Date:
HRA & COUNCIL
GORDON HUGHES
ASSISTANT CITY MGR.
SEPTEMBER 9, 1991
Subject: RELEASE OF AGREEMENT
Outlot C, South Edina
Development Addition
(Parklawn Avenue)
Agenda Item # HRA V.B.III &
Consent I j
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Authorize Mayor and Manager and Chairman and Secretary of the HRA
to execute Release and Satisfaction.
Info/Background:
In 1982, the City and the HRA entered into an agreement with
Hedberg and Sons Company regarding special assessments for
Parklawn Avenue. This agreement was entered into at the time of
the construction of South Haven, a 100 unit low-income elderly
building which is located on Parklawn Avenue. The agreement
provided that the HRA would pay the cost of the construction of
Parklawn Avenue to serve the South Haven project without
assessing Hedbergs. The agreement also provided, however, that
if Parklawn Avenue were extended in the future, Hedbergs would
pay the full cost of the extension without assessment to the HRA
or South Haven. Parklawn Avenue, of course, was extended in
connection with the Centennial Lakes project, therefore, the
terms of the 1982 agreement have been satisfied, and the owners
of outlot C, are requesting a release and satisfaction of the
agreement. Staff recommends approval of the request.
RELEASE AND SATISFACTION
WHEREAS, on March 19, 1982, the CITY OF EDINA ("EDINA"), a
municipal corporation of the State of Minnesota, the HOUSING AND
REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA ("HRA"), a body
politic and corporate under the laws of the State of Minnesota,
and HEDBERG & SONS CO. ("HEDBERG"), a Minnesota corporation,
entered into an agreement, which agreement was executed by such
parties and filed and recorded in the office of the County
Recorder, Hennepin County, Minnesota, on March 29, 1982, as
Document No. 4708006 (hereinafter the "Agreement").
WHEREAS, it is the intent of the parties, by this
Satisfaction and Release, to release the land therein encumbered
by the Agreement and each of the parties thereto from all
obligations, duties, agreements and covenants contained in such
Agreement.
NOW, THEREFORE, in consideration of the premises, all
parties hereto agree as follows:
1. Each of the undersigned parties hereby releases one
another and the land encumbered therein from all obligations,
duties, agreements and covenants made therein.
2. The parties hereto agree that all of the duties,
obligations, agreements and covenants contained in the Agreement
identified above and filed for record on March 29, 1982, as
Document No. 4708006, in the office of the County Recorder of
Hennepin County, Minnesota, are with the indebtedness thereby
secured, fully paid and satisfied.
CITY OF EDINA
By:
Its Mayor
By:
Its Manager
HOUSING & REDEVELOPMENT AUTHORITY
OF EDINA, MINNESOTA
By:
By:
Its Chairman
Its Secretary
HEDBERG AND SONS CO.
By:
STATE OF MINNESOTA )
) §
COUNTY OF HENNEPIN )
Its:
The foregoing instrument was acknoledged before me this
day of , 1991, by
and , Mayor
and Manager, respectively, of CITY OF EDINA, a municipal
corporation, on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) §
COUNTY OF HENNEPIN )
The foregoing instrument was acknoledged before me this
day of , 1991, by
, Chairman, and
Secretary, of HOUSING & REDEVELOPMENT AUTHORITY OF EDINA,
MINNESOTA, on behalf of said corporation.
STATE OF MINNESOTA )
) §
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknoledged before me this
day of , 1991, by
, the of HEDBERG & SONS CO.,
a Minnesota corporation, on behalf of the corporation.
Notary Public
09-09-91
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MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
AUGUST 19, 1991
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith and was seconded
by Member Rice to approve and adopt the Council Consent Agenda items as
presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried:
*MINUTES OF REGULAR MEETING OF AUGUST 5, 1991 APPROVED Motion was made by Member
Smith and was seconded by Member Rice to approve the Council Minutes of the
Regular Meeting of August 5, 1991.
Motion carried on rollcall vote, five ayes.
PRELIMINARY AND FINAL PLAT APPROVED FOR JYLAND WHITNEY ADDITION (LOT 2 BLOCK 1,
MUIR WOODS)
Presentation by Planner
Planner Larsen informed Council that, as requested at the August 5, 1991,
meeting, the developers have submitted an alternative four lot plat for Lot 2,
Block 1, Muir Woods for comparison with the five lot plat originally presented.
The four lot plat would retain the public street almost identical to the five lot
proposal and one of the middle lots along Valley View Road has been eliminated.
All lots in the four lot plat and the proposed five lot plat exceed the median
lot size and dimensions of the 500 foot neighborhood and no variances are
required for either plat.
The Planning Commission recommended the following conditions to preliminary plat
approval:
1. Development Agreement - Including disposition of Outlot A so as to not
preclude access for the adjacent property by virtue of right of way or
dedication.
2. Developers Agreement for Public Improvements - The agreement includes a
maximum seven percent street grade for the new public street; the
developers are requesting that be modified to eight percent. The
City Engineer would review and approve all retaining walls necessary
adjacent to the public street. Removal of all trees would be approved by
the Planning Department prior to construction of new homes.
3. Final Plat Approval.
4. Subdivision Dedication.
5. Conservation Agreement.
Presentation for Developers
Mike Gair, representing the developers, presented boards illustrating the
alternative four lot subdivision and explained how the individual homesites could
be accessed taking into account the very difficult terrain. He pointed out an
alternative that was considered whereby the public road would end approximately
at the southwesterly boundary of Lot 1, with private drives to Lots 3 and 4. The
disadvantage would be the potential problems and concerns raised by private
drives upwards of 400 feet. It would also preclude public access to the property
immediately to the west. From a site design perspective, the proposed four lot
proposal would maintain public access, eliminate the private driveways, provide
access continuity to the west and would give best high elevation access to the
two lots on the upper level.
Mr. Gair then spoke to the five lot subdivision that was before the Council on
two previous occasions and was the subject of the Planning Commission's action.
He presented the following points in support of the five lot plat: 1) All lots
exceed the lot width, lot depth and lot area requirements and are consistent with
the symmetry and geometry of adjoining properties. 2) The subdivision will have
minimal impact on the character of the area and the conservation easement will
preserve the existing vegetation along Valley View Road. 3) Access from Valley
View Road will provide safe sight distances. 4) Storm water drainage system will
reduce drainage onto neighboring properties. 5) The homesites will be high
quality, will have good amenities, will be well situated within the topography to
encourage market responsiveness. Mr. Gair concluded by commenting that the
development of the five lot subdivision would not be detrimental to the character
of the area and urged the Council to give favorable consideration to the five lot
subdivision with an eight percent road grade.
Public Comment
Mayor Richards noted correspondence had been received from G.E. Knudsvig, 6920
Dakota Trail; Celia & Orrin Eames, 7011 Valley View Road; and Mary Cary, 6908
Dakota Trail, generally in support of the subdivision.
Jim Denovick, proposed developer of the Peper property, said that the eight
percent road grade is very important to maintain the trees and to provide access
to the west.
Daniel Spiegel, 7104 Valley View Road, presented current enlarged photographs of
the area. His concern was that the heavily wooded look of the area be preserved.
Council Comment/Action
Mayor Richards commented that the developers have provided the information
requested by the Council in submitting a four lot subdivision. Collectively, the
Council has indicated that some type of subdivision of the property will occur.
Mayor Richards then called for action by the Council.
Member Rice inquired as to the kind of controls in the developers agreement would
insure the public improvements. Attorney Erickson explained that if the
developers failed to perform the City could have the work completed and the costs
could be charged back against the property. Member Rice also asked for
clarification of the development agreement regarding Outlot A. Planner Larsen
explained that the agreement calls for Outlot A to be dedicated for a public
street; or alternatively, to dedicate it as right of way to provide access to the
property to the west without intervention by a third party. Member Rice
commented that he favored the five lot, eight percent grade subdivision. He
spoke to the concerns that had been expressed by the neighbors and how he felt
they had been addressed. Further, that the proposed subdivision meets all the
ordinance requirements, is a good project and should go ahead.
Member Smith commented that he was one who had asked to see a legitimate four lot
subdivision and that he appreciated the presentation pointing out the negatives.
He said he would support the five lot subdivision as originally presented.
Member Rice made a motion for preliminary approval of the five lot subdivision,
with a public road grade of eight percent, subject to: 1) Development Agreement,
2) Developers Agreement for Public Improvements, 3) Final Plat Approval, 4)
Conservation Easement, and 5) Subdivision Dedication, and moved adoption of the
following resolution:
RESOLUTION APPROVING PRELIMINARY PLAT
FOR JYIAND WHITNEY ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "JYLAND WHITNEY ADDITION", platted by Whitney Peyton and
Nancy Peyton, and Jyland Whitney, Inc., and presented at the regular meeting of
the City Council of August 19, 1991, be and is hereby granted preliminary plat
approval.
Motion was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith
Nays: Richards
Resolution adopted.
Mayor Richards commented that he had voted against the proposed subdivision
because of the density. He suggested that, since this matter had been heard for
the past two months, final plat approval be granted also.
Member Paulus then introduced the following resolution and moved its adoption,
subject to: 1) Development Agreement in the form provided to the Council, but, as
to Outlot A, granting to City, without cost, full and unconditional use of Outlot
A for public road purposes, and otherwise on terms and conditions to be approved
by the City Planner and attorney, 2) Developers Agreement for Public
Improvements, 3) Forty foot Conservation Easement and 4) Subdivision Dedication
in the amount of $40,000.00.
RESOLUTION APPROVING FINAL PLAT
FOR JYLAND WHITNEY ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "JYLAND WHITNEY ADDITION", platted by Whitney E. Peyton and
Nancy 0. Peyton, husband and wife, and Jyland Development, Inc., a Minnesota
corporation, and presented at the regular meeting of the City Council of August
19, 1991, be and is hereby granted final plat approval.
Motion was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
(Member Smith left the meeting temporarily at 7:45 P.M.)
ORDINANCE NO. 825-A42 ADOPTED GRANTING FINAL REZONING FROM R-2 DOUBLE DWELLING
UNIT DISTRICT TO R-1 SINGLE DWELLING UNIT DISTRICT FOR LOTS 4 & 5, BLOCK 1,
LANDMARK ADDITION Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation by Planner
Planner Larsen informed Council that the subject property comprises two lots of
the five lot Landmark Addition which was platted and rezoned in 1988. Currently,
all lots remain vacant. Three of the lots front on Lincoln Drive and two front
on an unimproved section of Malibu Drive which is rough graded and graveled only.
The proposed rezoning would affect the two lots (Lots 4 and 5) with frontage on
Malibu Drive and would allow the construction of single dwelling homes. The
remaining three lots would remain zoned R-2 to be developed as such.
Lot 4 measures approximately 120 feet by 150 feet and contains an area of 17,017
square feet. Lot 5 has a width of approximately 140 feet, a depth of 149 feet
and an area of 18,777 square feet. Both lots are in excess of the minimum
standards for R-1 zoning.
The Comprehensive Plan designates this area as Low Density Attached Residential
which is consistent with the present R-2 zoning. However, the Plan considers
single family zoning compatible with low density residential. The rezoning
requested would be consistent with the Comprehensive Plan.
At its meeting of July 31, 1991, the Planning Commission recommended approval of
the requested rezoning subject to a developers agreement and bond covering
construction of an improved public street to serve the lots. Planner Larsen
reminded Council that for a final R-2 rezoning the Council would see nothing more
than this. If Council were to approve the rezoning to R-1, he recommended waiver
of Second Reading, subject to the condition that an approved street be provided
before building permits would be issued. In response to Mayor Richards, Planner
Larsen said there are no concerns with sewer connection charges or special
assessments that would run with the land.
Mayor Richards called for public comment on the proposed rezoning. No comments
or objections were heard.
Member Rice introduced Ordinance No. 825-A42 for First Reading and moved waiver
of Second Reading as follows, conditioned on execution of a developers agreement
and bond covering construction of an improved public street to serve the lots
prior to issuance of building permits:
ORDINANCE NO. 825-A42
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY REZONING PROPERTY FROM R-2 DOUBLE DWELLING UNIT DISTRICT
TO R-1 SINGLE DWELLING UNIT DISTRICT
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding
the following thereto:
"The extent of the Single Dwelling Unit District (R-1) is enlarged by the
addition of the following property:
Lots 4 and 5, Block 1, LANDMARK ADDITION.
The extent of the Double Dwelling Unit District (R-2) is reduced by
removing the property described from the R-2 District."
Sec. 2. This ordinance shall be in full force and effect upon its passage
and publication.
ATTEST: Mayor
City Clerk
Motion for adoption of the resolution was seconded by Member Paulus.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
FINAL DEVELOPMENT PLAN FOR BUILDING EXPANSION APPROVED FOR CONDURA TIRE/TIRES
PLUS, 5400 FRANCE AVENUE SO. Affidavits of Notice were presented, approved and
ordered placed on file.
Presentation by Planner
Planner Larsen explained that the subject property is located in the southwest
quadrant of West 54th Street and France Avenue and is developed with a Tires Plus
service center of 1670 square feet. The building affords very little storage
space, thus tires are being stored in areas outside the building. In an effort
to bring the tire storage into compliance with the zoning ordinance, as well as
generally upgrading the entire site, the proponents are requesting approval of a
plan which would add 930 square feet of storage space to the west side of the
existing building. The 15 x 62 foot addition would be 19 feet six inches high,
or four feet six inches taller than the existing structure. The additional
height would allow for a tiered storage system plus accommodating delivery trucks
to enter and off-load inside the addition.
Planner Larsen noted that, even with the improvements to the site, there will be
several features that would remain non -conforming:
1) Lot Area. The ordinance requires a minimum 20,000 square feet lot area be
provided for an automobile service use. The proposed site would be non-
conforming with a lot area of 13,037 square feet.
2) Building Setbacks. Currently, a 32.9 foot rear setback exists. The required
rear setback is 25 feet. The new addition would provide a non -conforming 16.9
foot setback. The required side street setback is 45 feet; the current and
proposed side street setback would be 34.8 feet.
3) Parking Setbacks. Currently, bituminous extends to the lot line, parking
spaces are not delineated and a zero setback situation exists. The ordinance
requires a minimum 20 foot parking setback be maintained from all streets.
Five foot setbacks are proposed for the parking spaces abutting West 54th
Street and France Avenue.
The exterior of the existing building would be refaced with stucco; red glazed
tiles will be used as trim. The site would be reconfigured to allow eleven
customer parking spaces; four along the south property line; four abutting France
Avenue and three spaces abutting West 54th Street. Two employee parking spaces
would be provided along the west property line.
Tire storage has been a long standing problem for the site. The proposed plan
would address the inadequate storage situation, and provide the following
improvements:
1. Accommodate all tire storage within the building.
2. Eliminate two curb cuts on the northeast corner of the property.
3. Re -configure parking and traffic flow, and provide a five foot parking
setback.
4. Provide a loading area within the building keeping drive aisles clear.
5. Provide for landscaping to screen the site from the south property line as
well as enhancing the site with greenspace and shrubbery.
6. Relocate trash and recycled tires to a screened enclosure abutting the
west property line.
Staff would recommend approval subject to: 1) Landscape plan approval and bonding
and 2) Staff approval and permits for all exterior signage. At its meeting of
July 31, 1991, the Planning Commission recommended approval of the final
development plan, subject to staff conditions and the additional condition that a
band of decorative tiles be wrapped around the building.
Presentation for Proponent
Mike Diamond, representing Tires Plus, commented that they would be upgrading
what was originally an old service station and are attempting to make it a modern
facility that would be appropriate for the community.
Mayor Richards called for public comment on the request for final development
plan approval. No comment or objection was heard.
Council Comment/Action
Mayor Richards inquired if the use of the land would change. Planner Larsen
responded that the intensity of use is based on the number of service bays, which
would remain the same. Tires are currently stored in a trailer, the proposed
expansion would provide permanent indoor storage.
Member Rice observed that this will be an improvement to the area, will be the
least intense use of a PCD-4, and he would support the proposal.
Member Rice introduced the following resolution and moved its adoption, subject
to: 1) Landscape plan approval and bond, 2) Staff approval and permits for all
signage, and 3) Installation of decorative tile band on all sides of the
building:
RESOLUTION APPROVING FINAL DEVELOPMENT PLAN
FOR CONDURA TIRES PLUS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the
Final Development Plan for Condura Tires Plus, 5400 France Avenue South,
presented at the regular meeting of the City Council of August 19, 1991, be and
is hereby approved.
Motion was seconded by Member Paulus.
Rollcall:
Ayes: Kelly, Rice, Paulus, Richards
Motion carried.
RESOLUTION ADOPTED AMENDING COMPREHENSIVE PLAN LAND USE MAP
Presentation by Planner
Planner Larsen recalled that the matter of amending the land use map of the
Comprehensive Plan had been considered by the Council at its study session in
March, 1991, and had been continued pending hearings relative to development at
44th and France. He explained that this is an attempt to revise the land use map
of the Comprehensive Plan, developed in the late 1970's and adopted in 1980, to
make it consistent with the Redevelopment Plan adopted during establishment of
tax increment financing districts.
The proposed amendments would affect parcels in three commercial areas: 1) 44th
and France, 2) Wooddale and Valley View Road, and 3) Grandview. No changes are
required for the 70th and Cahill area. The tax increment districts for 44th and
France and Valley View and Wooddale were decertified in June, 1991. This
decertification does not affect the adopted Redevelopment Plan for each district.
Tax increment districts remain in effect for Grandview, and 70th and Cahill.
The Planning Commission recommended amending the land use map to make it
consistent with the adopted Redevelopment Plan with two exceptions:
1. 44th and France, Area 1. The Planning Commission recommended that Area 1
remain designated as Single Family and not be changed to Low to Medium
Density Residential as shown on the Redevelopment Plan.
2. Grandview, Area 4. The Planning Commission recommended that Area 4 remain
designated as Industrial.
The Planning Commission felt the strongest position to take at Grandview, given
the variety of redevelopment proposals that have been considered, would be to
leave it designated as Industrial.
Mayor Richards called for public comment on the proposed amendments to the
Comprehensive Plan Land Use Map. No comment or objections were heard.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION ADOPTED AMENDING COMPREHENSIVE PLAN
BE IT RESOLVED by the Edina City Council that the Comprehensive Plan of the City
be amended within the Redevelopment Plan Areas at 44th & France Avenue, Wooddale
and Valley View Road, and Grandview, to show the land uses as illustrated on the
map for each of said areas attached to and made a part of these Minutes.
Motion was seconded by Member Paulus.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
*BID AWARDED FOR STANDBY GENERATOR Motion was made by Member Smith and seconded
by Member Paulus for award of bid for one standby generator to recommended low
bidder, Interstate Detroit Diesel, at $15,200.00.
Motion carried on rollcall vote - five ayes
*BID AWARDED FOR IMPROVEMENT NO. BA-295 BITUMINOUS OVERLAY AT 50TH & FRANCE
Motion was made by Member Smith and vas seconded by Member Rice for award of bid
for Improvement BA-295, bituminous milling and overlay for 50th & France, to
recommended low bidder, Hardrives, Inc., at $19,005.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR SELF-PROPELLED HYDROSTATIC DRIVE CHIPSPREADER Motion was made
by Member Smith and vas seconded by Member Rice for award of bid for self-
propelled hydrostatic drive chipspreader to recommended low bidder, MacQueen
Equipment, Inc., at $58,873.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR PARTICIPATORY WATER PLAY STRUCTURE FOR MUNICIPAL POOL Motion
was made by Member Smith and was seconded by Member Rice for award of bid for a
participatory water play structure for the municipal pool to sole bidder,
Amusement Leisure Equipment, Ltd., at $31,195.00.
Motion carried on rollcall vote - five ayes.
BID AWARDED FOR SEASONAL BANNERS - 50TH & FRANCE Assistant City Manager Hughes
presented the following bids for the fabrication of autumn banners for the 50th &
France Business District: Banner Creations at $5,090.00 and Windtales at
$5,158.64. He explained that these were costs included in the budget for the
50th & France renovation project. Staff would recommend award of bid to Banner
Creations as the low bidder.
Mayor Richards reported that correspondence had been received from Carol Rothe
and Pat Dow of Windtales urging the Council to reject the low bid and award it to
their small, minority Edina company. Carol Rothe, Windtales, spoke in support of
the bid submitted by Windtales and mentioned banner work they have done. In
response to Member Paulus, Assistant Manager Hughes said that no priority is
given to bids from Edina firms or to minorities. He explained that as long as
specifications are met, the recommendation would be to award the bid to the
lowest responsible bidder and Banner Creations met all the criteria.
Assistant Manager Hughes said, in response to Member Kelly, that the banners are
part of the City's renovation project at 50th and France. The streetscape,
parking ramp and other elements of the project are partially paid by assessment,
and partly by the tax increment process. He explained that the specifications
were sent to four known companies that produce banners, one of which was
Windtales. Only two of the four companies elected to submit bids. Banner
Creations made the winter banners, and the material and warranty specifications
for the autumn banners were similar to those.
Member Paulus made a motion for award of bid for autumn banners for 50th and to
France to recommended low bidder, Banner Creations, at $5,090.00. Member Rice
seconded the motion.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
TRAFFIC SAFETY COMMITTEE MINUTES OF 8/13/91 APPROVED Engineer Hoffman briefly
reviewed the recommended action in Section A of the Traffic Safety Committee
Minutes of August 13, 1991. No public comment or objection was heard.
Member Rice made a motion to approve the following recommended action listed in
Section A of the Traffic Safety Committee Minutes of August 13, 1991:
1) To install "STOP" signs on West 60th Street to control eastbound and westbound
traffic at Chowen Avenue South,
2) To install "ONE -HOUR PARKING" signs from 3904 to the west boundary of 3920
Sunnyside Road and "TWO-HOUR PARKING" in front of the properties at 3930
and 3940 Sunnyside Road,
3) To install "NO PARKING ANYTIME" signs for two car -lengths in front of 5100
France Avenue South,
4) To install 4-way "STOP" signs at the intersection of West 76th Street and
Edinborough Way and to improve pedestrian crossings by construction of a
pathway as proposed by the City Engineer,
and to acknowledge Sections B and C of the Minutes.
Motion was seconded by Mayor Richards.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
AUDITOR'S REPORT PRESENTED John Wallin, Finance Director, introduced Kelli
Bourhis, Manager and Steve Laible, Partner from Peat Marwick, and City staff that
worked on the 1990 City audit. He said the auditors would respond to questions
of the Council regarding the audit and the management letter.
In response to recommendations in the management letter, Director Wallin reported
that the accounting policies and procedures manual continues to increase in scope
and size, and with the auditors help it will improve yearly. Updated purchasing
policies are in the final stages and will be presented to the Council in
September.
Mayor Richards asked the auditors to focus on the issues that the citizens and
the Council, as policy makers, should be aware of. Mr. Laible informed Council
that two documents are issued as a part of the audit: the Comprehensive Annual
Financial Report, and an opinion letter which is probably the most important
objective of the audit. The work of the auditors is governed by a set of
standards that all Certified Public Accountants must follow. The financial
statements are prepared primarily by City staff with assistance from Peat Marwick
regarding technical matters and compliance with generally accepted accounting
principles. Communication is on -going with City staff throughout the year with
regard to technical changes in the area of financial reporting for governmental
units.
The audit is unrestricted in scope, meaning the auditors delve into any area of
financial matters appropriate in order to come to a conclusion on the fairness of
financial presentation. Peat Marwick has concluded that the financial statement
does present fairly, and in accordance with generally accepted accounting
principals, the financial position of the City and the results of its operations
for the year ended December 31, 1990.
Regarding the opinion letter, Mr. Laible said the recommendations were matters
of internal control. He briefly commented on those recommendations regarding:
1) the accounting policies and procedures manual, 2) investment policy and
procedures, and 3) construction contracts.
With respect to the overall results of operation for the year, Mr Laible
commented that the City began the year on a balanced budget. The results were
within one percent which is considered very good and the City has a fund balance
that can withstand minor fluctuations during the year.
Mayor Richards asked Mr. Laible to respond to the controls on the City's
enterprise funds. Mr. Laible said the City's primary safeguard has to be its
system of internal control. As part of the audit, that system is reviewed and
evaluated and any weakness would be reported in the auditors' opinion letter.
Mr. Laible said that, over the years that they have studied and evaluated the
system, they believe that the controls in those areas are reasonable and there
are no glaring deficiencies. Mayor Richards also asked for comment on the staff
suggestion that staff be given authority to approve change orders up to 10
percent of the original contract price. Mr. Laible said as a general guideline
that would be appropriate. Even though there is discussion and awareness of
change orders, there should be a a trail for the auditors.
Member Rice asked what one recommendation in the management letter was the most
important. Mr. Laible responded that the recommendation concerning construction
contracts is important because that can represent real dollars. The other two
recommendations are primarily housekeeping or good business types of practice.
Mayor Richards expressed the Council's appreciation for the report.
BOARD APPOINTEES TO SOUTH HENNEPIN REGIONAL PLANNING OFFICE DISCUSSED. Manager
Rosland reminded Council that the model for the South Hennepin Regional Planning
Office recently approved calls for each city council to appoint two members from
its Human Relations Commission and one council member to serve a two-year term on
the Regional Citizen Advisory Board. It is hoped that these appointments should
be made by the September 23, 1991 Council Meeting. Mayor Richards said it would
be helpful if the Human Relations Commission members were asked if any member is
willing and desires to be appointed to the Board. He also asked the Council to
advise him of any preferences they may have as to appointment of Commission
members.
(Member Smith re-entered the meeting at 8:42 P.M.)
RESOLUTION ADOPTED RATIFYING SPECIAL LAW - CHAPTER 125. H.F. 1551 Manager
Rosland noted that a memorandum had been received from LeRoy Lisk, President of
the Edina Firemens' Relief Association, requesting municipal ratification of
Chapter 125, H.F. 1551. This special law was adopted by the 1991 Legislature
modifying limitations on survivor benefit coverage for members of the
Association. The amendment removes the remarriage penalty for widows and also
removes the age 18 restriction on dependent children. It would also allow
children survivor benefits to age 23 if in an accredited educational program, and
benefits to a disabled child requiring a guardian for life. The City would incur
no cost for these changes.
Member Rice introduced the following resolution and moved adoption:
RESOLUTION RATIFYING CHAPTER 125, MINNESOTA LAWS, 1991
BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby approves
Chapter 125, Minnesota Laws, 1991, as required by law and pursuant to Minnesota
Statutes, Section 645.021, Subd. 2, and,
BE IT FURTHER RESOLVED that the City Clerk is directed to file with the Secretary
of State a certificate of approval as required by Minnesota Statutes, Section
645.021, Subd. 3.
Motion was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
DATES SET FOR TRUTH IN TAXATION HEARINGS Manager Rosland reminded the Council
that the City is required to advise Hennepin County of its Truth in Taxation
hearing date(s) by September 3, 1991. Truth in Taxation hearings for all
governmental bodies must be held in the period beginning November 15 and ending
on December 20, 1991. Continued hearings must be held at least five business
days but no more than fourteen business days after the first public hearing.
Following discussion,
1991 at 7:00 P.M. and
dates.
Motion was seconded by
Ayes: Kelly, Paulus,
Motion carried.
Member Smith made a motion setting Monday, November 18,
December 4, 1991 at 7:00 P.M. as Truth in Taxation hearing
Member Rice.
Rice, Smith, Richards
*HEARING DATE OF 9/23/91 SET FOR SPECIAL ASSESSMENTS Motion was made by Member
Smith and was seconded by Member Rice setting September 23, 1991, as hearing date
for special assessments.
Motion carried on rollcall vote - five ayes.
*ON -SALE WINE AND 3.2 BEER LICENSE APPROVED FOR CIATTI'S ITALIAN RESTAURANT
Motion was made by Member Smith and
issuance of an On -Sale Wine License
Italian Restaurant at 3220 W. 70th S
Motion carried on rollcall vote -
was seconded by Member Rice approving the
and On -Sale 3.2 Beer License to Ciatti's
treet.
five ayes.
DATES SET FOR ORDINANCE CODIFICATION DISCUSSION After a brief discussion, the
Council concurred on the following dates for ordinance codification discussion to
be held at Arneson Acres:
Saturday, October 26, 1991 - 8:00 A.M. to 12:00 Noon
Saturday, November 23, 1991 - 8:00 A.M. to 12:00 Noon
RECYCLING COMMISSION RESIGNATION NOTED Mayor Richards informed Council that a
letter of resignation had been received from Virginia Sweeny stating that she is
unable to complete her term on the Recycling Commission. He asked that names be
submitted to him of individuals interested and willing to serve on the
Commission.
RESOLUTION ADOPTED APPROVING CDBG YEAR XVII SUBRECIPIENT AGREEMENT Planner
Larsen explained that the Housing and Urban Development (HUD) had approved the
year XVII Community Development Block Grant (CDBG) Program which allocated
$149,973.00 to the City of Edina. The Council must execute the subrecipient
agreement with Hennepin County to expend those funds. A similar agreement has
been executed for the past program years. The agreement would require that the
City follow federal guidelines and regulations in implementing the program.
After execution of the agreement, and receipt of the allocated funds, the
programs established by Council in April, 1991, could be implemented.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Edina has executed a Joint Cooperation Agreement with
Hennepin County for the purpose of participating in the 1991 (Year XVII) Urban
Hennepin County Community Development Block Grant Program; and
WHEREAS, Hennepin County is the recipient of an annual grant from the U.S.
Department of Housing and Urban Development for purposes of the program and the
City is a subrecipient under the program and receives a share of the grant; and
WHEREAS, program regulations require that the City and County execute a
Subrecipient Agreement which sets forth the specific implementation processes for
activities to be undertaken with program funds;
BE IT RESOLVED, that the Edina City Council hereby authorizes and directs the
Mayor and the City Manager to execute Subrecipient Agreement, County Contract
Number A07501, on behalf of the City.
Adopted this 19th day of August, 1991.
ATTEST:
Mayor
City Manager
Motion was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
PROPOSED 1992 BUDGET RESOLUTION ADOPTED Mayor Richards called for additional
discussion on the proposed 1991 Budget, following the proposed budget assumptions
presentation by staff and discussion by Council at the Special Council Meeting
held at 5:00 P.M. this date.
Member Smith said that, based on the assumption that the City would spend the
$13,577,622 in the 1991 Budget, he could support an increase in expenditures of
$200,000 (1.5% rounded down) for a proposed 1992 Budget of $13,777,622 so as to
keep keep the tax increase down to a bare minimum. Manager Rosland said the City
must also certify the real estate tax increase which would be approximately .70%,
with the balance of the proposed budget made up from other revenues.
Member Rice commented that he would not support the 1992 Budget as proposed
because he felt the City should not give up its option to certify the maximum
levy limit, although he may not support the maximum when the final 1992 Budget is
adopted in December.
Member Smith then introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING PROPOSED BUDGET FOR THE
CITY OF EDINA FOR THE YEAR 1992, AND ESTABLISHING
PROPOSED 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
proposed as follows:
TOTAL GENERAL FUND $13,781,286.00
Section 2. Estimated receipts other than General Tax Levy are hereby proposed as
follows:
TOTAL ESTIMATED RECEIPTS $ 3,324,525.00
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
amount as follows:
FOR GENERAL FUND $10,456,761.00
Adopted this 19th day of August, 1991.
ATTEST Mayor
City Clerk
Motion was seconded by Member Paulus.
Rollcall:
Ayes: Paulus, Smith, Richards
Nays: Kelly, Rice
Resolution adopted.
RESPONSE TO BE SENT TO SCHOOL BOARD REGARDING POTENTIAL COMMUNITY CENTER
RELOCATION Mayor Richards informed Council that the School Board will be
considering the recommendation of its 'Blue Ribbon' Committee regarding a
possible switch of the Community Center to South View Junior High School and the
present Community Center becoming the middle school and has asked for the City's
response. Manager Rosland has been directed to draft a letter for his signature
advising the School Board of the City's past financial involvement and current
contract commitments for the Senior Center located in the Community Center.
UPDATE GIVEN ON CROWN VETCH ISSUE Manager Rosland updated Council on the status
of the crown vetch growth at 4404 West 58th Street. He recalled that the Council
had authorized an attempt to abate the issue with the property owner, Diane
Lindgren. That effort failed and litigation was begun by the City's Prosecuting
Attorney. Currently, Ms. Lindgren has maintained the crown vetch at the height
of eight to ten inches required by ordinance. The City weed inspector now has
difficulty with stating that the crown vetch is rank vegetation. Staff would
recommend dropping the litigation and requests direction from the Council.
Member Kelly observed that, after visiting the site, the crown vetch is cut to
the appropriate length, is less offensive and Ms. Lindgren is cooperating with
the ordinance requirements. Further, she would like a definitive answer as to
potential fire hazard after the growing season.
To preserve the issue, Member Smith suggested that the City Attorney be directed
to negotiate a settlement based on the maintenance of the crown vetch and on that
basis to then dismiss the pending lawsuit.
Member Kelly made a motion to direct the City Prosecuting Attorney to negotiate a
settlement based on the property owner maintaining the crown vetch to comply with
the ordinance and that the pending lawsuit then be dropped. Motion failed for
lack of second. Mayor Richards stated that, because the motion had failed, the
conclusion was to proceed with the litigation.
RESOLUTION ADOPTED AUTHORIZING SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE
BONDS - WALKER ASSISTED LIVING CORPORATION I Assistant Manager Hughes explained
that this is the final hearing concerning the multifamily housing revenue bonds
for the Walker Methodist project at Parklawn Avenue and York Avenue. Staff
believes that the bond documents respond to the conditions imposed by the Council
at the time of preliminary approval: 1) The closing statement provides for the
payment of a $25,000.00 fee to the City, 2) The documents provide that the owner
will not claim that the property is exempt from the payment of real estate taxes,
and 3) An unconditional guaranty for the repayment of principal and interest has
been provided by Walker Methodist, Inc.
The Housing Revenue Bonds would be backed solely by the revenues of the project
and would not be general obligations of the City. If the revenues of the project
are insufficient, bond holders would rely on the guaranty for the repayment of
principal and interest.
Assistant Manager Hughes noted that Walker Methodist, Inc., is the proposed
guarantor of the bonds and is a non-profit corporation which acts as the parent
corporation of numerous affiliates and subsidiaries. Although Walker Methodist
may not have direct access to the funds necessary to honor the guaranty, they
have submitted that they have substantial powers of persuasion and control over
their affiliates and have been the guarantor of similar bonds on past occasions.
In addition to the guaranty, the bond documents provide for the following:
1) Bonds will be sold in minimum denominations of $100,000.00, and 2) The bonds
will be offered only to institutional investors having sufficient knowledge and
experience to evaluate the merits and risks of the investment and who are not
purchasing the bonds for the purpose of distributing them to individual
investors.
In conclusion, Assistant Manager Hughes stated that, based upon the guaranty and
the other items mentioned, staff believes that the City is reasonably protected
from risks associated with the bond issue and would recommend adoption of a
resolution authorizing the sale and issuance of the bonds.
In response to Member Rice, David Grant, Counsel for Walker Methodist, stated
that it is anticipated that the entire bond issue would be purchased by IDS
Financial Services for their own account, with no retail sale of the bonds.
Further, Edina residents would not have preference for occupancy in the housing
facility as it would be open to anyone. The expectation is that the majority of
occupants will come from Edina, and in particular, from 7500 York.
Member Paulus introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO WALKER ASSISTED LIVING CORPORATION I;
AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING
REVENUE BONDS (WALKER ASSISTED LIVING CORPORATION I)
SERIES 1991 AND MULTIFAMILY HOUSING REVENUE NOTE (WALKER
ASSISTED LIVING CORPORATION I) SERIES 1991B; APPROVING THE FORMS
AND AUTHORIZING EXECUTION AND DELIVERY OF DOCUMENTS
RELATING TO SUCH BONDS AND NOTE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City")
as follows:
Section 1. Recitals.
1.01. The City is authorized by Minnesota Statutes, Chapter 462C (the
Municipal Housing Act) to adopt a housing plan for the City and to administer
thereunder one or more housing programs or developments, including multifamily
housing developments, and to sell and issue revenue bonds or obligations to make
loans to finance such developments, payable solely from the revenues of the
developments.
1.02. Walker Assisted Living Corporation I (the Corporation) has proposed
that pursuant to the Municipal Housing Act the City issue its Multifamily Housing
Revenue Bonds (Walker Assisted Living Corporation I), Series 1991 (the Bonds) and
its Multifamily Housing Revenue Note (Walker Assisted Living Corporation I),
Series 1991B (the Note) to finance the development and construction by the
Corporation of a new multifamily rental housing facility (Project 1991) designed
and intended primarily for frail elderly persons.
1.03. A public hearing on the proposed housing program and on the proposal
to issue the proposed bonds was held upon published notice, and all interested
persons given an opportunity to be heard with respect thereto, and the housing
program has been submitted to the Minnesota Housing Finance Agency for review,
all as required by applicable law.
1.04. Forms of the following documents (the Documents) relating to the
Bonds and Note have now been prepared and submitted to the City Council.
(a) an Indenture of Trust, dated as of August 1, 1991, between the City and
First Trust National Association, as Trustee, whereby the City prescribes the
terms and conditions for the issuance of the Bonds, including the form of the
Bonds;
(b) a Loan Agreement, dated as of August 1, 1991, (the Bond Loan
Agreement), between the City and the Corporation, whereby the City agrees to lend
the proceeds of the Bonds to the Corporation for the purposes described in
Section 1.02 of this Resolution, and the Corporation agrees (i) to construct
Project 1991, (ii) to repay the loan in installments at times and in amounts
sufficient to pay the principal of, premium, if any, and interest on the Bonds in
full and when due, (iii) to maintain certain insurance, and (iv) to pay all costs
and expenses of the City and to indemnify the City and hold it harmless;
(c) a Mortgage Agreement, dated as of August 1, 1991, (the Bond Mortgage),
between the Corporation and the Trustee, whereby the Corporation grants to the
Trustee a mortgage lien upon the property therein defined as the Mortgaged
Property, as security for payment of the principal of and interest on the Bonds;
(d) a Guaranty Agreement, dated as of August 1, 1991, from Walker
Methodist, Inc., (the Guarantor) to the Trustee, whereby the Guarantor guarantees
the full and prompt performance of all of the term, covenants and conditions to
be performed by the Corporation under the Bond Loan Agreement and the Bond
Mortgage;
(e) a Bond Purchase Agreement, between Piper, Jaffray & Hopwood
Incorporated (the Underwriter), the City and the Corporation, whereby the
Underwriter offers to purchase from the City and the City offers to sell to the
Underwriter the Bonds upon the terms and conditions therein specified, and the
Corporation agrees to such terms and conditions;
(f) an Official Statement, whereby the Bonds are offered to investors;
(g) a form of Note containing its terms and conditions;
(h) a Loan Agreement, dated as of August 1, 1991 (the Note Loan Agreement),
between the City and the Corporation, whereby the City agrees to issue the Note
to Avery Edina Limited Partnership, a Minnesota limited partnership (the Note
Purchaser) in consideration for services provided and to be provided to the
Corporation pursuant to the terms of a Development Agreement, dated as of August
1, 1991, between the Corporation and WES Development, and the Corporation agrees
to repay the loan in installments at times and in amounts sufficient to pay the
principal of, premium, if any, and interest on the Note in full and when due;
(i) an Assignment of Loan Agreement, dated as of August 1, 1991, from the
Note Purchaser, whereby the City assigns all its right under and interest in the
Note Loan Agreement to the Note Purchaser;
(j) a Mortgage Agreement, dated as of August 1, 1991,
between the Corporation and the Note Purchaser, whereby
the Note Purchaser a mortgage lien upon the
Mortgaged Property, as security for payment
the Note;
(k) an Investment Letter, whereby the Note Purchaser accepts the Note in
payment for services provided and to be provided pursuant to the terms of the
Development Agreement; and
(1) an Inter -Creditor Agreement, dated as of August 1, 1991, between the
Trustee and the Note Purchaser, whereby the Trustee and the Note Purchaser agree
to certain conditions regarding the exercise of the Note Purchaser's remedies
under the Note Loan Agreement and the Note Mortgage.
Section 2. Findings. It is hereby found and determined that the City is
authorized by the Municipal Housing Act to issue the Bonds and the Note and it is
in the public interest that the City issue the Bonds and the Note on the terms
and conditions specified in the Indenture of Trust and the form of the Note,
respectively. As provided in the Indenture of Trust and the form of the Note,
the Bonds and the Note are and shall be special, limited obligations of the City.
Neither the full faith and credit or the taxing power of the City is or shall be
pledged to payment of the principal of, premium, if any, or interest on the Bonds
and the Note. The principal of, premium, if any, and interest on the Bonds and
the Note shall be payable solely from the sources specified in the Indenture of
Trust and the form of the Note, respectively. No Bond or Note or any provision
of the Bond Loan Agreement, Indenture of Trust, Note Loan Agreement or other
document shall be at any time construed to constitute an indebtedness or
obligation of any sort of the State of Minnesota or the County of Hennepin.
Section 3. Authorization and Approval.
3.01. It is recognized that as of the date of adoption of this Resolution,
the precise aggregate principal amounts, interest rates, maturity dates and
amounts, redemption dates and prices, and purchase price of the Bonds and the
Note have not been finalized. Therefore, the Mayor and the City Manager are
authorized to approve those details of the Bonds and the Note, without further
action by this Council, provided that:
(i) the aggregate principal amount of the Bonds shall not exceed
$6,700,000, no interest rate for the Bonds shall exceed 9% per annum, none of the
Bonds shall mature later than 40 years from date of issue and the purchase price
of the Bonds (without regard to any "original issue discount") shall not be less
than 98% of their principal amount; and
(ii) the aggregate principal amount of the Note shall not exceed $450,000,
the interest rate for the Note shall not exceed 16% per annum and the Note shall
not mature later than 40 years from date of issue.
3.02. The forms of the Documents are hereby approved. When the details of
the Bonds and the Note have been finalized pursuant to Section 3.01, the Mayor
and City Manager are hereby authorized and directed, in the name and on behalf of
the City, to execute and deliver the Indenture of Trust, Bond Loan Agreement,
Bond Purchase Agreement, Note Loan Agreement, Assignment of Loan Agreement and
Investment Letter in substantially the forms thereof now on file with the City
Clerk
the
property therein
of the principal
(the Note Mortgage),
Corporation grants to
defined as the
of and interest on
3.03. The Bonds in substantially the form prescribed by the Indenture of
Trust shall be executed by facsimile or manual signatures of the appropriate
officers of the City and shall be delivered to the Trustee for authentication and
for delivery to the Underwriter upon payment by the Underwriter of the purchased
price specified in the Bond Purchase Agreement.
3.04. The Note in substantially the form presented to this Council shall
be executed by facsimile or manual signatures of the appropriate officers of the
City and shall be delivered to the Note Purchaser upon payment by the Note
Purchaser of the purchase price specified in the Investment Letter,
3.05. The City consents to the use by the Underwriter, in accordance with
applicable securities laws and regulations, of the Official Statement, and
authorizes its preparation and distribution in substantially the same form but
including such details as interest rates, prices, maturity amounts, redemption
dates and redemption prices omitted from the draft Official Statement. The City
has not participated in the preparation of the Preliminary Official Statement or
Final Official Statement, has not made an independent investigation with respect
to the information contained therein and assumes no responsibility for the
accuracy or completeness of the information contained therein.
3.06. The officers and employees of the City are hereby authorized and
directed to do all acts and things, and to execute all documents, necessary in
connection with the issuance of the Bonds and the Note. If the Mayor or City
Manager is absent or unable to execute any document herein authorized to be
executed by either or both of them, such document may be executed by the acting
Mayor or by the Assistant City Manager. The approval hereby given to the form of
any document shall include such additions and amendments thereto or deletions
therefrom as the officers executing such document on behalf of the City may find
necessary or desirable, and the execution of any document by an officer of the
City shall be conclusive evidence of its approval and authorization hereunder.
The Mayor and City Manager are authorized and directed to prepare and furnish to
the Underwriter and to Dorsey & Whitney, Bond Counsel, certified copies of all
proceedings and records of the City relating to the Bonds and the Note, as they
appear from the books and records of the City. All such certified copies,
certificates and affidavits, including any heretofore furnished, shall constitute
representations of the City as to the truth of all statements contained therein.
Passed and adopted by the City Council of the City of Edina, Minnesota this
19th day of August, 1991.
ATTEST: Mayor
City Clerk
Motion was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*CLAIMS PAID Motion was made by Member Smith and was seconded by Member Rice to
approve payment of the following claims as shown in detail on the Check Register
dated 8/10/91 and consisting of 35 pages: General Fund $913,446.14; C.D.B.G.
$675.15; Communications $399.50; Art Center $7,428.51; Capital Fund $4,868.85;
Swimming Pool Fund $4,830.17; Golf Course Fund $39,059.67; Recreation Center Fund
$8,734.40; Gun Range Fund $774.17; Edinborough Park $25,184.10; Utility Fund
$49,640.40; Storm Sewer Utility $2,333.21; Liquor Dispensary Fund $120,340.52;
Construction Fund $666,709.41; IMP Bond Redemption #2 $696.25, TOTAL
$1,845,120.45; and for confirmation of payment of the following claims as shown
in detail on the Check Register dated 7/31/91 and consisting of 16 pages: General
Fund $113,557.90; Art Center $150.82; Swimming Pool Fund $5,586.17; Golf Course
Fund $11,165.98; Recreation Center Fund $453.92; Gun Range Fund ($36.40);
Edinborough Park $1,119.68; Utility Fund $2,545.56; Storm Sewer Utility $75.00;
Liquor Dispensary Fund $217,504.81; TOTAL $352,123.44.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:55 P.M.
City Clerk
REPORT/RECOMMENDATION
To:
From: CRAIG LARSEN
KENNETH ROSLAND
Date: SEPTEMBER 9, 1991
Subject: JPO CONTRACT TO
PREPARE TDM ORD.
Agenda Item # TT _ A.
Consent ( j
Information Only
Mgr . Recommends
Action
xl
1
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Approve contract between JPO and COMSIS to prepare Travel Demand
Management (TDM) ordinance for adoption by the five participating
cities.
Info/Background:
The I-494 Corridor Commission (JPO) is preparing to award a
consultant contract for $26,906 to COMSIS to prepare a draft
ordinance a well as a TDM strategy. JPO by-laws require the
approval of at least four of five city councils on contracts
exceeding $5,000.00.
The JPO and the Metropolitan Council will share evenly in the cost
of the project. The JPO has funds budgeted for this purpose.
There will be no cost to the City.
The proposed contract and a draft scope of work are included for
your review.
PROFESSIONAL SERVICES AGREEMENT
This Agreement, dated this �-% day ofl<" .d-
1991, is entered into between the I-494 Corridor Advisory Commission,
an entity formed under the joint powers statute, Minnesota Statutes,
Section 471.59, (hereinafter the "Commission"), and COMSIS, a
consulting company specializing in Travel Demand Management services.
RECITALS
WHEREAS, the Commission has been formed under the joint powers
statue (Minn. Stat. 471-59) by the Cities of Bloomington, Edina, Eden
Prairie, Minnetonka and Richfield to implement the recommendation of
the I-494 Corridor Study;
WHEREAS, the Commission has adopted a work program and budget for
1991, a copy of which is attached as Exhibit A; and
WHEREAS, the Commission may enter into contracts with consultants
to provide it with technical services, except that contracts for an
amount exceeding $5000 shall be approved by at least four of the joint
powers cities; and
WHEREAS, the Commission desires to contract with COMSIS, a
national consulting company with expertise in developing travel demand
management strategies, policies, and ordinances, to provide the
Commission with technical and public meeting services;
NOW, THEREFORE, in consideration of the promises, terms, and
conditions contained herein, the Commission and COMSIS agree as
follows:
(1) COMSIS shall assist the Commission in developing a model
travel demand strategy and a model ordinance to implement that
1
strategy. Such assistance shall be provided in accordance with the
services outlined by COMSIS in its proposal dated September 9, 1991,
(attached and incorporated herewith as Exhibit B).
(2) The Commission agrees to provide up to date information on
existing and proposed transportation services and programs in the
area, results of market research and related data to COMSIS.
(3) The Commission agrees to pay COMSIS for the direct and
indirect costs incurred by COMSIS for its work under this agreeement
in accordance with the rates and schedules set forth in its Proposal
(Exhibit B), up to but not exceeding the sum of $26,906 The
Commission shall make a partial payment to COMSIS upon completion of
each major task outlined in the Proposal; the amount of each partial
payment shall not exceed the scheduled amount for that major task as
reflected in the Exhibit B schedule.
(4) All materials produced by COMSIS when providing services
under this Agreement shall be the property of the Commission. The
term "materials" includes all documents, data, reports, studies, and
maps.
(5)
This Agreement shall be terminable by either party within
seven days of written notice by registered mail upon the other party.
In the event of a termination, the Commission shall compensate COMSIS
(in accordance with the rates and schedules of Exhibit B) for work
done on a given task up to the effective date of termination; in no
event, however, shall payment in excess of the not to exceed figure
for that task be due or payable.
2
Dated
Dated
I-494 CORRIDOR
ADVISORY COMMISSION
By:
aren derson, Chairman
By: 171
Don J,sen, Coordinator
COMSIS
Dated By:
Its:
APPROVALS OF
JOINT POWER CITIES
CITY OF BLOOMINGTON
�. Dated By:
Its Mayor
Dated By:
Its Manager
Dated
Dated
Dated
Dated
CITY OF EDEN PRAIRIE
By:
Its Mayor
By:
CITY OF RICHFIELD
By:
Its Mayor
By:
3
Dated
Dated
Dated
Dated
CITY OF MINNETONKA
By:
Its Mayor
By:
CITY OF EDINA
By:
Its Mayor
By:
L1JJ 1 L1CJ 1 V
.SENT,BY:COMSIS—Hermosa Beach ; 7— 9-91 ; 1;09PM ; 2133721870-k 612 867 9664;# 3
Exhibit B
DRAFT SCOPE OF WORK
TDM ORDINANCE DEVELOPMENT
I.494 CORRIDOR COMMISSION
TASK 1,0 MPLEMENTATTON ASSESSMENT AND SAMPLE ORDINANCE
Task 1.1 Define Model Outputs in Terms of Corridor Implementation
Requirements (JPO tasks Al, A4, B)
o JPO will assemble up-to-date information on existing transportation
services and programs in the area, results of area studies and market
research and other pertinent data and transmit to COMSIS
o Based on TDM model outputs, area studies and existing services and
programs, COMSIS will define and prioritize TDM strategies in terms
of local implementation realities (e.g. describe needed vanpool
program to achieve modeled result)
Task 1.2 Identify Barriers, Solutions and Modified JPO Objectives
(JPO task A2, B)
o Opportunities (e.g. 494 reconstruction), barriers (marketability of
leasable space with TDM requirements) and implementation
considerations (staffing requirements) for the strategies identified in
Task 1.1 will be outlined by COMSIS and the JPO staff for
consideration by the JPO
o Solutions to the barriers and recommendations for seizing
opportunities will be outlined by COMSIS as they relate to the JPO's
goals and beliefs
o JPO objectives will be formulated by COMSIS and the JPO staff to
achieve; the medium and high results suggested by the model to include
policy objectives (what is intended outcome) and procedural objectives
(how to achieve the objectives)
Task 1.3 Provide Sample Trip Reduction Ordinance and Options (JPO task A3)
o COMSIS will identify model or actual ordinance from national
experience that fulfills objectives outlined in Task 1.2
1
comsis
'163 21ru
.SENT,BY:COhiSIS—Hermosa Beach ; 7— 9-91 ; 1:10PM ; 2133721870— 612 887 9684# 4
o COMSIS will describe options to sample ordinance, including:
performance targets, intended complying entities, administration, scope,
etc. Discussion of Transportation Management District will be
included as option
Task 1.0 Product: Strategy Assessment and Sample TRO
Meeting Two: Outline strategy considerations and discuss sample TRO
(Meeting One: May 16, 1991)
Schedule: Draft assessment and sample TRO to JPO by 8/30/91
Meeting week of 9/9 - 9/13
TASK 2.0 REFINE MODEL STRATEGIES AND ORDINANCE
Task 2.1 Prepare Model TDM Strategy Document (JPO tasks Al and A2)
o Based on prioritized TDM strategies, JPO objectives, implementation
schedule, administrative guidelines and other task 1.0
recommendations, COMSIS and JPO staff will prepare draft Model
TDM Strategies document.
Task 2.2 Prepare Model Trip Reduction Ordinance (JPO task A3)
o Based on sample ordinance, discussion of options and local input,
COMSIS will prepare draft model trip reduction ordinance for
adoption by five cities
Task 2.0 Product: Draft Model TDM Strategy and TRO
Meeting; JPO meeting to discuss draft without consultant
Schedule: Draft strategy and TRO to JPO by 10/31/91
JPO Meeting in November to discuss draft
TASK 3.0 FINAL TDM MODEL STRATEGY AND ORDINANCE
Task 3.1 Finalize Model Strategy and TRO (JPO task Al and A3)
o Based on JPO, staff and legal input, finalize Model TDM Strategy and
TRO (review assumed to require 30-60 days)
2
COH1 IS
i1JJ(z:10( U
•S,ENT BY:OOMSIS—Hermosa Beach ; 7— 9-91 ; 1:10PM ;
2133721870-0 612 887 9684;4 5
Task 3.2 Present Model Strategy and TRO to Public/Private Workshop
(JPO task A4, B)
o Attend workshop of city officials, business leaders and other interested
ppr des for the purposes of answering questions on strategies and
Task 3.0 Product: Final Model TDM Strategy and Ordinance
Meeting Three: Present Model Strategy and Ordinance at Workshop
Schedule: Final Model TDM Strategy and Ordinance for Approval
Final Product by January 31, 1992
Meeting in February (or earlier if draft to be considered
by broader group)
3
1111.11111.
ciorr1sis
REPORT/RECOMMENDATION
To:
KENNETH ROSLAND
From: CRAIG LARSEN
Date: SEPTEMBER 9, 1991
Subject: CDBG THIRD PARTY
FUNDING AGREEMENTS.
Agenda Item #
Consent (X j
Information Only
Mgr. Recommends
To HRA
x , To Council
Action Motion
Resolution
x
Ordinance
Discussion
Recommendation:
Authorize execution of agreements by Mayor and Manager
Info/Background:
This year, as in the past several years, the City is funding three
programs run by outside agencies. The programs are the HOME
program, day care subsidy, and community center improvements. The
attached agreements obligate these organizations to spend these
funds in accordance with federal guidelines. Funds may not be
expended until the agreements have been executed.
Attached for your review is the agreement for Senior Community
Services which operates the HOME program. The two other agreements
are identical in form.
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This agreement made and entered into by and between the CITY OF EDINA
(City) and SENIOR COMMUNITY SERVICES (Provider).
WITNESSETH:
WHEREAS, the City is a cooperating unit in the Urban Hennepin County
Community Development Block Grant Program (CDBG) by virtue of a joint coopera-
tion agreement executed between the City and Hennepin County pursuant to MSA
471.59, and
WHEREAS, the City has executed a Subrecipient Agreement with Hennepin County
which allocates $25,673 from the FY 1991 Urban Hennepin County CDBG program
for the purpose of supporting the activities as identified in Exhibit 1,
attached and made a part of this agreement, hereinafter referred to as "activ-
ities."
NOW THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement, the parties hereto mutually agree to the following terms
and conditions:
1. The Uniform Administrative Requirements in 24 CFR 570.502 issued by
the United States Department of Housing and Urban Development (HUD),
shall apply to activity.
2. The Provider shall be responsible for procurement of all supplies,
equipment, services, and construction necessary for implementation
of the activity. Procurement shall be carried out in accordance
with the OMB Circular A-110. The Provider shall prepare, or cause
to be prepared, all advertisements, negotiations, notices, and
documents; enter into all contracts; and conduct all meetings,
conferences, and interviews as necessary to insure compliance with
the above described procurement requirements.
3. The Provider shall be responsible for carrying out any acquisi-
tions of real property necessary for implementation of activity.
The Provider shall conduct all such acquisitions in its name and
shall hold title to all properties purchased. The Provider shall be
responsible for preparation of all notices, appraisals, and documen-
tation required in conducting acquisition under the latest appli-
cable regulations of the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 and of the CDBG Program. The
Provider shall also be responsible for providing all relocation
notices, counseling, and services required by said regulations.
4. The Provider shall comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a)
and HUD implementing regulations at 24 CFR Part 42; the requirements
in 24 CFR 570.606(b) governing the residential anti -displacement and
relocation assistance plan under section 104(d) of the Housing and
Community Development Act of 1974 (the Act); the relocation require-
ments of 24 CFR 570.606(c) governing displacement subject to section
104(k) of the Act; and the requirements of 24 CFR 570.606(d)
governing optional relocation assistance under Section 105(a)(11) of
the Act, as pertaining to the activity.
5. The Provider shall maintain records for the expenditure of all CDBG
funds it receives, such records to be maintained in accordance with
OMB Circular A-110 and A-122, as applicable. All records shall be
made available, upon request of the City for monitoring by the City.
The City shall have authority to review any and all procedures and
all materials, notices, documents, etc., prepared by the Provider in
implementation of activity, and the Provider agrees to provide all
information required by any person authorized by the City to request
such information from the Provider for the purpose of reviewing the
same.
6. The Provider shall take all necessary actions required to implement
activity and to comply with any related requests by the City, it
being understood that the City has responsibility to Hennepin County
for insuring compliance with such requirements. The Provider also
will promptly notify the City of any changes in the scope or
character of activity.
7. The Provider does hereby agree to release, indemnify, and hold
harmless the City from and against all costs, expenses, claims,
suits, or judgments arising from or growing out of any injuries,
loss or damage sustained by any person or corporation, including
employees of Provider and property of Provider, which are caused by
or sustained in connection with the tasks carried out by the
Provider under this Agreement.
8. The City agrees to provide the Provider with CDBG funds in such
amounts as agreed upon in this Agreement to enable the Provider to
carry out activity. It is understood that the City shall be held
accountable to Hennepin County for the lawful expenditure of CDBG
funds under this Agreement. The City shall therefore make no
payment of funds to the Provider and draw no funds from Hennepin
County on behalf of Provider, prior to having received from the
Provider a request for reimbursement including copies of all
documents and records needed to insure that the Provider has
complied with all appropriate requirements.
9. The Provider shall maintain the environmental review record on all
activities. The Provider shall be responsible for providing
necessary information to the Subrecipient to accomplish this task.
10. The City shall be responsible for the preparation of all requests to
Hennepin County for HUD wage rate determinations on activity. The
Provider shall notify the City prior to initiating activity,
including advertising for contractual services which will include
costs likely to be subject to the provisions of Federal Labor
Standards and Equal Employment Opportunity and related implementing
regulations.
11. The City agrees to provide technical assistance to the Provider in
the form of oral and/or written guidance and on -site assistance
regarding CDBG procedures and project management. This assistance
will be provided as requested by the Provider, and at other times,
at the initiative of the City, when new or updated information
concerning the CDBG Program is received by the City from Hennepin
County and deemed necessary to be provided to the Provider.
12. In accordance with the provisions of 24 CFR 85.43, suspension or
termination of this Agreement may occur if the Provider materially
fails to comply with any term of this Agreement. This Agreement
may be terminated for convenience in accordance with 24 CFR 85.44.
The Agreement may be terminated with or without cause by either
party hereto by giving thirty (30) days written notice of such
termination. CDBG funds allocated to the Provider under this
Agreement may not be obligated or expended by the Provider following
such date of termination. Any funds allocated to the Provider under
this Agreement which remain unobligated or unspent following such
date of termination shall automatically revert to the City.
13. Any material alterations, variations, modifications or waivers of
the provisions of this Agreement shall only be valid when they have
been reduced to writing as an amendment to this Agreement approved
by Hennepin County through its Office of Planning and Development
and properly executed by the authorized representatives of the
parties. All amendments to this Agreement shall be made a part of
this Agreement by inclusion in Exhibit 2 which shall be attached at
the time of any amendment.
14. All data collected, created, received, maintained or disseminated
for any purpose by the Provider in the performance of this Agreement
is governed by the Minnesota Government Data Practices Act, Minne-
sota Statutes, Chapter 13, and all other statutory provisions
governing data privacy, the Minnesota Rules implementing such act
now in force or hereafter adopted, as well as federal regulations on
data privacy.
15. During the performance of this Agreement, the Provider agrees to the
following: In accordance with the Hennepin County Affirmative
Action Policy and the County Commissioners' Policies Against
Discrimination, no person shall be excluded from full employment
rights or participation in, or the benefits of, any program, service
or activity on the grounds of race, color, creed, religion, age,
sex, disability, marital status, affectional/sexual preference,
public assistance status, ex -offender status, or national origin;
and no person protected by applicable federal or state laws against
discrimination shall otherwise be subjected to discrimination.
16. The effective date of this Agreement is July 1, 1991. The termina-
tion date of this agreement is December 31, 1992, or at such time
as activity is satisfactorily completed prior thereto. Upon expira-
tion, the Provider shall relinquish to the City all program funds
unexpended or uncommitted for the activity.
17. Any program income as a result of the activity shall be returned
immediately to the City upon receipt and the provisions of 24 CFR
570.504 shall apply.
18. Any real property acquired or improved as a result of activity, in
whole or in part, using CDBG funds in excess of $25,000 shall either
be:
a. Used to meet one of the national objectives in 24 CFR 570.208
until five years after expiration of this Agreement;
b. Disposed of in a manner that results in the City being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or
improvement to, the property.
19. The following standards shall apply to real property acquired or
improved as a result of activity, in whole or in part:
a. The Provider shall inform the City at least thirty (30) days
prior to any modification or change in the use of the real
property from that planned at the time of acquisition or
improvements, including disposition.
b. The Provider shall reimburse the City in an amount equal to the
current fair market value (less any portion thereof attribut-
able to expenditures of non-CDBG funds) of property acquired or
improved as a result of activity that is sold or transferred
for a use which does not qualify under the CDBG regulations.
Said reimbursement shall be provided to the City at the time of
sale or transfer of the property.
20. The Provider agrees to provide City or Urban County with an
annual audit report consistent with OMB Circular A-110, Uniform
Requirements for Grants to Universities, Hospitals and Non -Profit
Organizations and OMB Circular A-122 Cost Principles for Non-profit
organizations.
a. The audit report is to be provided to City on July 1 of each
year this Agreement is in effect and any findings of non-
compliance affecting the use of CDBG funds shall be satisfied
by Provider within six (6) months of the provision date.
b. The audit may not be paid from CDBG funds.
c. City reserves the right to recover from Provider the full
amount of any CDBG funds found to be improperly expended or
otherwise disallowed.
21. The Provider shall comply with the general condition of 24 CFR
570.200, particularly sections; (f) (Means of Carrying Out Eligible
Activities); and (j) (Constitutional Prohibitions Concerning
Church/State Activities).
22. The Provider as appropriate shall comply with the Lead -Based Paint
notification, inspection, testing and abatement procedures estab-
lished in 24 CFR 570.608.
23. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the Provider, to any person for influencing or attempt-
ing to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
24. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influ-
ence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement Provider will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
Provider, having signed this Agreement, and the City of Edina having duly
approved this Agreement on , 1991, and pursuant to such
approval the parties hereto agree to be bound by the provisions herein set
forth.
IN TESTIMONY WHEREOF, the parties hereto have set their hands and
affixed their seals this day of , 1991.
Upon proper execution, this Agreement will be legally valid and binding.
CITY OF EDINA
STATE OF MINNESOTA
By
Mayor
and
Its
PROVIDER: SENIOR COMMUNITY
SERVICES
and
Its
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
EXHIBIT 1.
STATEMENT OF WORK
The following activity shall be carried out by the Provider under the terms of
this Agreement and the details and processes set forth below:
1. ACTIVITY: Household & Outside Maintenance For Elderly (H.O.M.E.)
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 043
4. BUDGET: $25,673
5. BENEFIT: L/M (Limited Clientele)
6. DESCRIPTION: Funding for the HOME program to provide increased routine
home maintenance/repairs and homemaker services to the elderly and
handicapped residing in Eden Prairie, Edina, Richfield and St. Louis
Park. The HOME program is provided through and operated by Senior
Community Services. This is a multi -year activity.
7.
[
GENERAL REQUIREMENTS:
activity.
Supplemental Agreement
[ ] Non -Profit Agency
[ ] Public Agency
[ ] Other
Requirements with an
are applicable to this
An agreement must be executed with any other agency providing a service
or implementing an activity on behalf of Provider. Said agreement must
contain all pertinent sections contained in Third Party Agreement and
such other requirements as are identified herein.
[X] Schedule
Activity must be implemented in a timely manner and completed by December
31, 1992.
[X] Environmental Review Record
Per 24 CFR Part 58 Subpart E the environmental review status for this
activity has been determined as follows:
Exempt (EX)
Categorically Excluded (CE)
Categorically Excluded/Exempt (CE/EX)
Assessment Required (AR)
Funds Released (FR) Date:
Labor Standards/Equal Employment Opportunity
All construction projects of $2,000 or more and financed in whole or part
with federal funds shall comply with the provisions of the Davis -Bacon
Act (prevailing wage), the Contract Work Hours and Safety Standards Act
and the Copeland (Anti -Kickback) Act.
All federally funded or assisted construction contracts or subcontracts
of $10,000 or more shall comply with Executive Order 11246, Equal
Employment Opportunity, as amended, and the regulations issued pursuant
thereto, 41 CFR Part 60.
[ ] Procurement
Standards and guidelines are established in 24 CFR Part 85.36 for the
procurement of supplies, equipment, construction and services for
federally assisted programs. All procurement shall be made by one of the
following methods. The method used shall be adequately documented and
contracts shall contain standard conditions as appropriate.
Small Purchase. (Informal Method) To be followed for the purchase
of services, supplies or other property costing in the aggregate not
more than $25,000. If small purchase procurement is used, written
price or rate quotations must be obtained from an adequate number of
qualified sources.
- Competitive Sealed Bids. (Formal Advertising) To be followed when
the purchase/s, costing in the aggregate, exceeds $25,000. Sealed
bids shall be publicly solicited and a firm fixed -price contract is
to be awarded to the lowest responsible bidder. This method is
preferred for soliciting construction bids.
Competitive Proposals. This method is normally used when more than
one source submits an offer, and either a fixed -price or cost -
reimbursement type contract is awarded. This method is typically
used for procuring professional services.
[ ] Uniform Relocation Assistance and Real Property Acquisition
The standards described in 49 CFR Part 24 shall apply to activity that
involves the acquisition of real property or the displacement of persons,
including displacement caused by rehabilitation and demolition.
[ ] Residential Antidisplacement and Relocation Assistance
All occupied and vacant occupiable low -moderate income dwelling units
demolished or converted to another use as a direct result of activity
shall be replaced and relocation assistance shall be provided to each
displaced low -moderate income household in accordance with the Urban
Hennepin County CDBG Program Anti -displacement and Relocation Assistance
Policy, pursuant to Section 104(d) of the Housing and Community Develop-
ment Act of 1974, as amended.
[ ] Property Management
The standards described in 24 CFR Part 570.505 Subpart J shall apply to
all real property which was acquired or improved in whole or in part
using CDBG funds in excess of $25,000. These standards apply for a
period of five (5) years after the termination of this agreement.
Land Disposition Agreement
This agreement, executed between Subrecipient and Provider, contains the
terms under which the provider can acquire and hold land for a specified
use and time period.
[X] Low and Moderate Income
[
Using the applicable Section 8 income limits established by HUD, it shall
be demonstrated that a low- and moderate -income activity so indicated in
5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208,
relating to:
Area Benefit
Limited Clientele
Housing
Job Creation or Retention
] Prevention or Elimination of Slums and Blight
It shall be demonstrated that a slum and blight activity so indicated in
5. Benefit, above, meets one of the following criteria:
[ ] Area Determination. The boundaries of the slum or blighted area
must be defined and meet the requirements of 24 CFR Part 570.208
(b)(1).
[ ] Spot Basis. The specific conditions of blight or physical decay not
located in a slum or blighted area must be described.
Urgent Community Need
It shall be demonstrated that an urgent need activity, so indicated in 5.
Benefit. above, is designed to alleviate a recent (within 18 months)
condition which poses a serious and immediate threat to the health or
welfare of the community.
TO:
FROM:
VIA:
I REQUEST FOR PURCHASE
Mayor & City Council
Francis J. Hoffman, Director of Public Works
Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE 9 September, 1991
AGENDA ITEM iv. A.
ITEM DESCRIPTION: Sanitary Sewer Lift Station (LS-11) Remodeling
Company
Amount of Quote or Bd
1. Gridor Constr., Inc. 1. $ 223,460.00
2. Northwest Mechanical, Inc. 2. $ 234,900.00
3. G.L. Contracting, Inc. 3. $ 251,169.30
4. 4.
5. 5.
RECOMMENDED QUOTE OR BID:
Gridor Constr., Inc. $ 223,460.00
GENERAL INFORMATION:
This project is the rebid of the earlier contract in January for the
overhaul of the main lift station in Edina, the 72nd Street lift
station. This is the third and final portion of the rebidding process.
By rebidding the project in three separate specialty areas, we were
able to reduce the total e_:penditures by appro::imately $95,000.00.
This project is funded thru the utility fund. The engineer's estimate
was $226,800.00.
Signature
The Recommended bid is
Public Works - Utilities
Department
within budget not with'
Kenneth Rosla d, City Manag
nce Director
REQUEST FOR PURCHASE
TO: Mayor & City Council
FROM: Francis J. Hoffman, City Engineer
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE 9 September, 1991
AGENDA ITEM iv . B.
ITEM DESCRIPTION: New Survey Equipment
Company Amount of Quote or Bid
1.
2.
3.
4.
Brunson Instrument Co.
Scientific Instruments, Inc.
The Leitz Company
1.
2.
3.
4.
5. 5.
14,520.00
17,863.00
17,785.04
RECOMMENDED QUOTE OR BID:
Brunson Instrument Co. $ 14,520.00
GENERAL INFORMATION:
This purchase replaces surveying equipment for our field crew in the
Engineering Department. This purchase is funded from the equipment
replacement fund.
The Recommended bid is
y
Public Works - Engineering
Depart u - t
within budget not with' bud• i Wallin, F7 ance Director
Kenneth Rosland, City Mana er
REQUEST FOR PURCHASE
TO:
FROM:
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
Mayor & City Council
Francis Hoffman, Director of Public Works
DATE 9 September, 1991
AGENDA ITEM iv. c.
ITEM DESCRIPTION: Rock Salt for Ice Control
Company Amount of Quote or Bid
1. Cargill Salt Inc. (Henn. Co. Contract 1. $ 28.27 Per Ton
2 #1950A1-232) 2
3. 3.
4. 4.
5. 5.
RECOMMENDED QUOTE OR BID:
Cargill Salt Inc. $ 28.27 Per Ton
GENERAL INFORMATION:
This is the annual purchase for rock salt. This is mixed with sand
and used for ice control on our City streets. The estimated total
cost is $22,616.00 based on an annual average use of 800 tons.
This purchase is funded thru the general public works budget.
Si'nature
The Recommended bid is
Public Works - Streets
Dep.• -- t
within budget not with' bu. - -t , . n . Ilin, Fina ; e Director
Kenneth Roslan. City Manage
TO:
FROM:
VIA:
REQUEST FOR PURCHASE
Mayor & City Council
Francis Hoffman, Director of Public Works
Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE
9 September, 1991
AGENDA ITEM iv. D .
ITEM DESCRIPTION: Two Signal Control Cabinets and Controllers
Company
Amount of Quote or Bid
1. Riddle Control Products (Mn/DOT Contract 1. $ 20,916.00
2 #C7905025342 01) 2
3. 3.
4. 4.
5. 5.
RECOMMENDED QUOTE OR BID:
Riddle Control Products $ 20,916.00
GENERAL INFORMATION:
This purchase is to replace the traffic signal control cabinets and
controllers at the 50th & Halifax: and 50th & Wooddale intersections.
Both intersections have equipment that we are unable to obtain repair
parts for any longer. Both intersections have lost some ability to
operate on an actuated basis due to equipment failure. This purchase
will be from the Mn/DOT contract and funded thru our capital plan.
S nature'
The Recommended bid is
x
Public Works - Streets
Depa t
within budget not with'- bu• - -t? Walli a inance Director
Kenneth Rosland, City M. ager
REQUEST FOR PURCHASE
TO: Mayor & City Council
FROM: Francis J. Hoffman, Director of Public Works
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE 9 September, 1991
AGENDA ITEM Tv . F .
ITEM DESCRIPTION: Ventilation for Carbon Air Scrubber
Company Amount of Quote or Bid
2.
3.
4.
5.
Snell Mechanical, Inc.
Rainville Carlson
Cronstroms Heating & Air Conditioning, Inc.
2.
3.
4.
5.
$ 14,180.00
$ 18,435.00
$ 24,171.00
RECOMMENDED QUOTE OR BID:
Snell Mechanical, Inc. $ 14,180.00
GENERAL INFORMATION:
This purchase is the ventilation portion of the carbon air
scrubber installation at the West 72nd Street lift station.
This purchase is funded thru utility funds.
Signatu
The Recommended bid is
within budget not withi
Public Works - Utilities
Department
,.Wallin, Finance Director
Kenneth Rosia d. City Manager
REQUEST FOR PURCHASE
TO: Mayor Richards and City Council
FROM: Bob Kojetin
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE: September 6, 1991
AGENDA ITEM IV. F.
ITEM DESCRIPTION:
1.
2.
3.
4.
5.
Braemar Golf Course - Hole #6 Reconstruction
Company Amount of Quote or Bid
Glenn Rehbein Excavating, Inc.
Park Construction Co.
F.M. Frattalone
Perkins Construction
RECOMMENDED QUOTE OR BID:
1.
2.
3.
4.
5.
$64,191.00
$65,416.00
$68,700.00
$72,075.00
Glenn Rehbein Excavating, Inc.
GENERAL INFORMATION:
Reconstruct Green No. 6 according to our three year master Plan,
budgeted from shared maintenance and capital. This will be the
first green that we will construct using USGA bid specifications
which gives us a better drainage of the green with high usage of play.
Signature
The Recommended bid is X
Depart . ent
within budget not within b
Kenneth Ros and City Manage
nce Director
REQUEST FOR PURCHASE
TO:
FROM: Terrence K. Kehoe, Acting Fire Chief
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $U00
Mayor and City Council
DATE August 21, 1991
AGENDA ITEM Iv . G
ITEM DESCRIPTION:
Fire Station Dispatch Center Console
Company Amount of Quote or Bid
1. Communications Specialists, Inc. 1. $10,595
2. General Electric 2. $11,745
3. 3.
4. 4.
5. 5.
RECOMMENDED QUOTE OR BID: Communications Specialists, Inc.
for $10,595
GENERAL INFORMATION:
Replacement dispatch console for Fire Station. This is a partial
replacement/repair of radio system damaged by lightning strike.
(City insurance will cover 80%)
Signature
The Recommended bid is
FIRE
Depart
within budget not with' b
Finance Director
Kenneth Rosland, City M ager
Agenda Item V.D
FOR ACTION
INDEPENDENT SCHOOL DISTRICT 273
Regular Meeting, August 19, 1991
Volume 63, Report 56
SUBJECT: APPOINTMENT TO EDINA HUMAN RELATIONS COMMISSION
Be it Resolved, That
The Board of Education
Appoint Geoffrey McCray to the Edina Human
Relations Commission effective immediately for the
remainder of a three-year term to expire January
31, 1994.
BACKGROUND INFORMATION
Mr. McCray has agreed to serve on the Commission as one of
six appointees made by the School Board. He will complete
the unexpired term of Noah Hurley who is unable to continue
his appointment due to job demands.
Mr. McCray has been a resident director of the ABC House at
6304 France Avenue South and has been very instrumental in
motivating the students in the program. He and his wife
have a son in Grade 4 at Countryside Elementary.
Current Commissioners Term expires
Phyllis Kohler
Nancy Atchison
David Hallett
Sharon Ming
Betsy Flaten
1/31/92
1/31/92
1/31/93
1/31/93
1/31/94
Edina School District Policy #8140
REPORT/RECOMMENDATION
To: KEN ROSLAND, MANAGER
From: MARCELLA DAEHN, CLERK
Date: SEPTEMBER 9, 1991
Subject:
HEARING DATE FOR WINE
AND BEER LICENSE FEES
PROPOSED INCREASE
Agenda Item #
Consent
Information Only
Mgr . Recommends
Action
V.F.
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Hearing date of 10/21/91 be set to consider an increase in wine
and beer license fees.
Info/Background:
During the 1989 Session the Legislature adopted Chapter 104 which
states that no city shall increase the fee for a liquor license
except after notice and hearing on the proposed increase. This
includes on -sale wine and beer licenses.
Staff is proposing an increase in the wine and beer license fees
to capture increased staff costs. Affected licensees are being
noticed as required.
REPORT/RECOMMENDATION
To:
From:
Mayor & City Council
Francis Hoffman,
City Engineer
Date: 9 September, 1991
Subject: Set Hearing Date BA-296
Malibu Drive from
Lincoln Drive to 707' SE
Agenda Item # V.G.
Consent
Information Only
Mgr . Recommends
Action
X
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Set hearing date of September 23, 1991.
Info/Background:
The City of Edina has received a petition for curb, gutter and paving on
Malibu Drive from Lincoln Drive to 707' southeast. The engineering
department has reviewed the project and considers it to be feasible.
Staff would suggest setting the public hearing date of September 23, 1991.
Agenda Item VI.A
Edina City Council
Edina City Hall
4801 W. 50th
Edina, Minnesota 55424
August 28, 1991
Joy M. Betz
4452 W. 76th. St.
Apt. 201
Edina, 55435
To the members of the Edina City Council,
I am a resident on W. 76th. St. in Edina. I would like to see
the Council approve a sidewalk project to run along the north
side of W. 76th. St. from France Ave. to Parklawn. This would
allow easier access to the Centennial Lakes area (shops and
recreation) to the many residents and workers on the south side
of this new development. Thank you for your consideration.
Sincerely,
;ate
Joy. M. Betz
REPORT/RECOMMENDATION
To: Mayor and Council
From:
Date:
Subject:
John Wallin
Finance Director
September 5, 1991
Intent to Reimburse
Capital Expenditures
With Bond Proceeds
Recommendation:
Agenda Item # x • A
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Approve official intent resolution for funding of swimming
pool construction expenditures.
Info/Background:
The Internal Revenue Service has issued proposed regulations
dealing with the issuance of bonds of which all or a portion
of the proceeds are to be used to reimburse the City for any
project costs paid.by the City prior to the issuance of the
bonds. The regulations generally require that the City make
prior declaration of its official intent to reimburse itself
for such prior expenditures out of the proceeds of
subsequently issued bonds.
Construction expenditures for the swimming pool renovation
are starting now and will be reimbursed with the recreation
bonds issued later this year or the first part of next year.
The recreation bonds will be needed if the Normandale Golf
Course is purchased and/or the construction of the new nine
holes cannot be done with existing bond proceeds. Until the
recreation bonds are issued, the swimming pool construction
expenditures will be funded from the reserves in the
revolving fund.
RESOLUTION NO.
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED
PROJECTS TO BE UNDERTAKEN BY THE CITY OF ,
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council (the "Council") of the City of
(the "City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued proposed Treasury
Regulations Section 1.103-17 (as proposed and/or finally adopted, the
"Regulations") dealing with the issuance of bonds, all or a portion of the
proceeds of which are to be used to reimburse the City for any project costs
paid by the City prior to the time of the issuance of the bonds.
(b) The Regulations generally require that the City make a prior
declaration of its official intent to reimburse itself for such prior expenditures
out of the proceeds of a subsequently issued taxable or tax exempt borrowing,
that such declaration generally be made prior to but not more than two years
before the time the expenditure is actually paid, that the borrowing occur and
the reimbursement allocation be made from the proceeds of such borrowing
within one year of the payment of the expenditure or, if longer, within one
year of the date the project is placed in service, and that the expenditure relate
to property having a reasonably expected economic life of at least one year.
(c) The City desires to comply with requirements of the Regulations
with respect to certain projects hereinafter identified.
2. Official Intent Declaration.
(a) The City proposes to undertake the following projects described on
Exhibit A attached hereto.
(b) Other than costs to be paid or reimbursed from sources other than
a tax-exempt borrowing or costs permitted to be reimbursed pursuant to the
transition provision of Section 1.103-17(1) of the Regulations, none of the costs of the
foregoing projects as identified on Exhibit A has heretofore been paid by the City and
none of the costs will be paid by the City until after the date of this Resolution. Each
of the projects, and costs related thereto, constitutes property having a useful life of
at least one year.
(c) The City intends to reimburse itself for the payment of the
designated project costs out of the proceeds of a tax exempt bond issue, debt or
similar borrowing (the "Bonds") to be issued by the City after the date of payment of
all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably
expects to pay and temporarily finance the costs from the following source or
sources of funds identified on Exhibit A.
(d) The Bonds are proposed to be issued by the City pursuant to the
provisions of Minnesota Statutes, Chapter 475, and other applicable statutory
authority. The reasonably expected source or sources of funds to be used by the City
to pay the debt service on the Bonds are identified on Exhibit A.
3. Budgetary Matters. As of the date hereof, there are no City funds
reserved or otherwise allocated pursuant to the City's budget (or expected to be
reserved or allocated pursuant to the City's budget) to provide permanent financing
for the costs of the projects, other than pursuant to the issuance of the Bonds.
Furthermore, there has been no allocation, budgeting, or restriction of moneys (or
the adoption of a requirement or policy to reimburse a fund) as part of the City's
budgetary process, the primary purpose of which is to prevent moneys from said
sources from being available for the permanent financing of the costs of the projects.
This resolution, therefore, is determined to be consistent with the City's budgetary
and financial circumstances as they exist or are foreseeable on the date hereof, all
within the meaning and content of the Regulations.
4. Filing. This resolution shall be filed in the publicly available official
books, records, or proceedings of the City, which shall be continuously available for
inspection by the general public. This resolution shall be available for inspection at
City Hall during normal business hours of the City on every business day during the
period beginning on the earlier of 10 days after the adoption hereof or the date of
issuance of the reimbursement bonds and ending on the day after the issuance of
such bonds.
5. Reimbursement Allocations. The City's financial officer shall be
responsible for making the "reimbursement allocations" described in the
Regulations, being generally the transfer of the appropriate amount of proceeds of
the Bonds to reimburse the source of temporary financing used by the City to make
payment of the prior costs of the projects. Each allocation shall be evidenced by an
entry on the official books and records of the City maintained for the Bonds, shall
specifically identify the actual prior expenditure being reimbursed, and shall be
effective to relieve the proceeds of the Bonds from any restriction under the bond
resolution or other relevant legal documents for the Bonds, and under any
applicable state or federal statute, which would apply to the unspent proceeds of
such bond issue.
Adopted this _ day of , 199_.
-2-
0
...
Proiect Descri
Recreation Fees
Revolving Fund
Swimming Pool Renovation
REPORT/RECOMMENDATION
To:
From:
KEN ROSLAND, MANAGER
JOHN WALLIN,
FINANCE DIRECTOR
Date: SEPTEMBER 9, 1991
Subject:
CANCELLING LEVY FOR
BONDS
Recommendation:
Agenda Item # X.B.C.
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Adoption of Resolutions cancelling levy for 1992 on $5,400,000
General Obligation Improvement Bonds, Series 1984 and $2,200,000
General Obligation Redevelopment Bonds.
Info/Background:
The principal and interest on the Improvement Bonds of 1984 and
the Redevelopment Bonds are payable primarily from special
assessments. In the event that the special assessments fall
short, additional ad valorem taxes were required by law to be
levied on all taxable property in the City for each of the years
that principal and interest payments are to be made. Since the
special assessments will again be sufficient to pay principal and
interest, the tax levied for 1992 should be cancelled.
(over)
RESOLUTION CANCELLING AD VALOREM TAXES
COLLECTIBLE WITH 1992 GENERAL PROPERTY TAXES LEVIED
FOR $5,400,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984
WHEREAS, the City Council of the City of Edina has, by resolution
adopted September 10, 1984, levied a special ad valorem tax for
the payment of principal and interest of its General Obligation
Improvement Bonds, Series 1984; said ad valorem tax in the amount
of $370,000 being collectible with and as a part of other general
taxes for the year 1992; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the
cancellation of said levies providing moneys are on hand for
payment of principal and interest for said bond issue; and it has
been determined by this Council that the required moneys are on
hand for the payment of said principal and interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edina that those ad valorem tax levies made by resolution of this
Council adopted September 10, 1984, and collectible with and as a
part of other general property taxes in said City for the year
1992, be and hereby are cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin
County, Minnesota, be authorized and directed to cancel the above
described ad valorem tax levies and to delete said levies from
taxes to be spread for the year 1992.
ADOPTED this 9th day of September, 1991.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA
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 was duly adopted by the Edina City council at its
Regular Meeting of September 9, 1991, and as recorded in the
Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this loth day of September,
1991.
Marcella M. Daehn
City Clerk
RESOLUTION CANCELLING AD VALOREM TAXES
COLLECTIBLE WITH 1992 GENERAL PROPERTY TAXES LEVIED
FOR $2,200.000 GENERAL OBLIGATION REDEVELOPMENT BONDS
WHEREAS, the City Council of the City of Edina has, by resolution
adopted November 3, 1975, levied a special ad valorem tax for the
payment of principal and interest of its $2,200,000 General
Obligation Redevelopment Bonds, said ad valorem tax in the amount
of $296,700 being collectible with and as a part of other general
taxes for the year 1992; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the
cancellation of said levies providing moneys are on hand for
payment of principal and interest for said bond issue; and it has
been determined by this Council that the required moneys are on
hand for the payment of said principal and interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edina that those ad valorem tax levies made by resolution of this
Council adopted November 3, 1975, and collectible with and as a
part of other general property taxes in said City for the year
1992, be and are hereby are cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin
County, Minnesota, be authorized and directed to cancel the above
described ad valorem tax levies and to delete said levies from
taxes to be spread for the year 1992.
ADOPTED this 9th day of September, 1991.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA
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 was duly adopted by the Edina City council at its
Regular Meeting of September 9, 1991, and as recorded in the
Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 10th day of September,
1991.
Marcella M. Daehn
City Clerk
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CITY OF EDINA
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CITY OF EDINA HRA
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MINUTES
OF THE SPECIAL MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
AUGUST 19, 1991 - 5:00 P.M.
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice and Mayor Richards.
Member Smith arrived at 5:12 p.m.
Manager Rosland stated that the purpose of this special meeting was to consider
a proposed 1992 Budget for the City of Edina. The City must certify its proposed
levy to the Hennepin County auditor and adopt a proposed budget by September 3,
1991. The City may only increase the levy by $29,240 over what was levied for
1991. In addition, the City may increase its 1992 Budget by $197,968 which
represents the uncollected real estate taxes for the year 1989 resulting from
court settlements that reduced real estate values. Staff would recommend that
the 1991 Proposed Budget be set at the maximum levy limit.
1992 BUDGET ASSUMPTIONS PRESENTED Manager Rosland presented the draft 1992
Budget assumptions summarized as follows:
Scenario 1: Total Revenues $13,933.262, Total Expenditures $13,933.262, Tax
Dollars $10,611.261, Tax Dollar Increase $202,189, Below Levy Limit $19, Percent
Increase Tax Dollar 2.24%, Expenditure Increase 2.62%. Total expenditures are
based on these proposed increases: salaries 3.00%, contractual services 3.00%,
commodities 4.00%, central services .00%, equipment .00% and new programs $56,282
(net). Total revenues are based on these proposed increases: licenses and
permits 1.50%, fees and charges 2.00%, intergovernmental aid 18.50% (includes an
additional $100,000 from state highway tax funds) and taxes $10,636,261.
Scenario 2: Total Revenues $13,851,475, Total Expenditures $13,851,475, Tax
Dollars $10,529,475, Tax Dollar Increase $120,403, Below Levy Limit $81,805,
Percent Increase Tax Dollar 1.45%, Expenditure Increase 2.02%. Total
expenditures are based on these proposed increases: salaries 2.00%, contractual
services 3.00%, commodities 4.00%, central services .00%, equipment .00% and new
programs $74,155 (net). Total revenues are based on the same proposed increases
as Scenario 1, and taxes $10,554,475. The reduction in net new programs reflects
PERA/FICA at 2.00% increase in salaries.
Scenario 3: Total Revenues $13,773,262, Total Expenditures $13,773,262, Tax
Dollars $10,451,261, Tax Dollar Increase $42,189, Below Levy Limit $160,019,
Percent Increase Tax Dollar .70%, Expenditure Increase 1.44%. Total expenditures
are based on these proposed increases: salaries 3.00%, contractual services
3.00%, commodities 4.00%, central services .00%, equipment .00% and net new
programs ($103,718). Total revenues are based on the same proposed increases as
Scenarios 1 and 2, and taxes $10,476,261.
All three scenarios include the following:
1) An increase of $30 per month in health benefits (Flex Plan) to bring the
City's benefit package more in line with similar size municipalities.
2) Department cutbacks (hiring freeze) in the Park, Street, Engineering and
Police Departments and Manager cuts (national conferences) totaling $143,000
as reflected in the net total for new programs in all scenarios.
In Scenario 3, the net cost of the City's recycling program would be funded by
establishment of a Recycling Utility Fund whereby a $3.00 per quarter charge for
recycling would be included on the utility billing for single family and double
dwelling units.
Discussion and debate followed on these issues: whether to certify the maximum
levy, percent of salary increase, capital equipment replacement, health benefits,
affect of hiring freeze on services, philosophy regarding establishing a
recycling utility and percent increase for total budget. It was the consensus
of the Council to take formal action to certify the City's proposed levy and
adopt a proposed 1992 Budget at the regular meeting at 7:00 p.m. this date.
The meeting was adjourned at 6:42 p.m. with no formal action taken.
City Clerk
MINUTES
OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY
SEPTEMBER 9, 1991
ROLLCALL Answering rollcall were Commissioners Kelly, Paulus, Rice, Smith and
Richards.
CONSENT AGENDA ITEMS ADOPTED Motion was made by Commissioner Kelly and was
seconded by Commissioner Rice to approve HRA Consent Agenda items as
presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith and Richards.
Motion carried.
*MINUTES OF THE MEETING OF AUGUST 19. 1991 APPROVED Motion was made by
Commissioner Kelly and was seconded by Commissioner Rice to approve HRA
Minutes of August 19, 1991.
Motion carried on rollcall vote, five ayes.
RESOLUTION OF RELEASE AND SATISFACTION ADOPTED - OUTLOT C. SOUTH EDINA
DEVELOPMENT ADDITION (PARKLAWN AVENUE1 Executive Director Hughes informed the
HRA that in 1982, the City and the HRA entered into an agreement with Hedberg
and Sons Company regarding special assessments for Parklawn Avenue. The
agreement was entered into at the time of the construction of South Haven, a
100 unit low-income elderly building which is located on Parklawn Avenue. The
agreement provided that the HRA would pay the cost of the construction of
Parklawn Avenue to serve the South Haven project without assessing Hedbergs.
The agreement also provided that if Parklawn Avenue were extended in the
future, Hedbergs would pay the full cost of the extension without assessment
to the HRA or South Haven. Parklawn Avenue was extended in connection with
the Centennial Lakes project, therefore, the terms of the 1982 agreement have
been satisfied. The owners of 0utlot C have requested a release and
satisfaction of the agreement. Staff would recommend approval of the request.
Commissioner Kelly introduced the following Resolution and moved its adoption:
RESOLUTION OF RELEASE AND SATISFACTION
WHEREAS, on March 19, 1982, the City of Edina ("Edina"), a municipal
corporation of the State of Minnesota, the Housing and Redevelopment Authority
of Edina, Minnesota ("HRA"), a body politic and corporate under the laws of
the State of Minnesota, and Hedberg & Sons Co. ("Hedberg"), a Minnesota
corporation, entered into an agreement, which agreement was executed by such
parties and filed and recorded in the office of the County Recorder, Hennepin
County, Minnesota, on March 29, 1982, as Document No. 4708006 (hereinafter the
"Agreement").
WHEREAS, it is the intent of the parties, by this Satisfaction and Release, to
release the land therein encumbered by the Agreement and each of the parties
thereto from all obligations, duties, agreements and covenants contained in
such Agreement.
NOW, THEREFORE, in consideration of the premises, all parties hereto agree as
follows:
H.R.A. Minutes - 09/09/91
Page 2
1. Each of the undersigned parties hereby releases one another and the land
encumbered therein from all obligations, duties, agreements and covenants made
therein.
2. The parties hereto agree that all of the duties, obligations, agreements
and covenants contained in the Agreement identified above and filed for record
on March 29, 1982, as Document No. 4708006, in the office of the County
Recorder of Hennepin County, Minnesota, are with the indebtedness thereby
secured, fully paid and satisfied.
Motion was seconded by Commissioner Rice.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*CLAIMS PAID Motion vas made by Commissioner Kelly and vas seconded by
Commissioner Rice to approve payment of the following claims as shown in
detail on the Check Register dated 9/9/91, and consisting of one page
totalling $45,935.88.
Motion carried on rollcall vote, five ayes.
There being no further business on the HRA Agenda, Chairman Richards declared
the meeting adjourned.
Executive Director
AGENDA
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
EDINA CITY COUNCIL
SEPTEMBER 23, 1991
7:00 P.M.
ROLLCALL - HRA & COUNCIL
ADOPTION OF CONSENT AGENDA ITEMS - Adoption of Consent Agenda Items is made by the
Council Members as to Council items. All
and in bold print are Consent Agenda Items and
enacted by one motion. There will be no
such items unless a Commissioner or Council Member or citizen so
the item will be removed from the Consent Agenda and considered
on the Agenda.
Commissioners as to HRA items and by the
agenda items marked with an asterisk (*)
are considered to be routine and will be
separate discussion of
request, in which case
in its normal sequence
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
* I. APPROVAL OF MINUTES of HRA Meeting of September 9, 1991
* II. PAYMENT OF HRA CLAIMS
III. ADJOURNMENT
* I.
*
EDINA CITY COUNCIL
APPROVAL OF MINUTES of Special Meeting of August 19, 1991 and Regular Meeting of
September 9, 1991
II. PUBLIC HEARINGS ON SPECIAL ASSESSMENTS Affidavits of Notice by Clerk. Analysis
of Assessment by Manager or Engineer. Public comment heard. Action of Council by
Resolution. 3/5 favorable rollcall vote of all members of the Council required to
pass.
A. Centennial Lakes Improvements Nos. C-146, WM-367, STS-197, SS-381, BA-289,
BA-290 - Hedberg Site
B. Improvement No. BA-280 - France Av from West 70th St to W 78th St
C. Improvement No. BA-286 - France Av from West 49 1/2 St to North City
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Street
Street
Limits
Street
Street
Blk 1,
No. BA-291
No. BA-292 - Lincoln Dr from South lot
Interlachen Hills 3rd Addn, south to mid -block of
Interlachen Hills 3rd Addn
Parking Facility Improvement
Alley Improvement No. E-32 -
51st St
Maintenance Improvement No. M-91 - 50th St
Aquatic Weeds Improvement No. AQ-91 - Mill
Tree Removal Improvement No. TR-91 - Diseased
Tree Trimming Improvement No. TT-91 - Area bounded by Hwy 100
West 54th St on the South, the City boundary line on the East
boundary line on the North
House Connection Improvement No. HC-12 - 6809 Normandale Rd
Deferred Levy for Tree Removal Improvement No. TR-90 - 5528 Halifax
Improvement
Improvement
West 69th St from France Av to Xerxes Av
line of
Lot 1,
Lot 2, Blk 2,
No. P-4 - West 49 1/2 St
Alley between Oxford Av and Bedford Av South of
and France Av
Business
District
Pond and Indianhead Lake
Trees at Various Locations
on the West,
and the City
Av
*
Agenda
Edina City Council
September 23, 1991
Page 2
III. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk.
Presentation by Engineer. Public comment heard. Motion to close hearing. If
Council wishes to proceed, action by resolution 3/5 favorable rollcall
vote of all members of Council required to pass if improvement has been petitioned
for; 4/5 favorable rollcall vote required if no petition.
A. Malibu Drive Paving Improvement No. BA-296 - From Lincoln Dr to 707' S.E.
B. Concrete Curb & Gutter/Bituminous Overlay Street Improvement No. BA-294 -
Wooddale Av from West 70th St to Belvidere Ln; West Shore Dr from West 70th
St to Dunham Dr; Andover Rd from Wooddale Av to West Shore Dr (Continued
from 06/17/91)
IV. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk.
Presentation by Planner. Public comment heard. Motion to close hearing. Zoning
Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all
members of Council to pass. Final Development Plan Approval of Property Zoned
Planned District: 3/5 favorable rollcall vote required to pass.
A. Preliminary Rezoning PCD-4 to PCD-2 Planned Commercial District - 5100
Vernon Av - Semper, Inc. (Continue to 10/07/91)
B. Tract R. RLS No. 1050 - Normandale Golf Area
1. Comprehensive Plan Amendment - Quasi -Public to Public and Office
2. Preliminary Rezoning R-1 Single Dwelling Unit District to POD-2
Planned Office District and Preliminary Plat Approval
C. Preliminary Rezoning R-1 Single Dwelling Unit District to PRD=2 Planned
Residence District and Preliminary Plat Approval - Outlot B. Parkwood Knolls
20th Addition (Continue to 11/04/91)
D. Preliminary Plat Approval - Wooddale Lakes Addition - Katter Family
Partnership
V. SPECIAL CONCERNS OF RESIDENTS
VI. AWARD OF BIDS
A. Golf Course Maintenance Building
* B. Arneson Acres/Greenhouse Maintenance Building
C. Agency Services - About Town Magazine
* D. Self Propelled Sweeper
E. Sidewalk Improvement No. S-51 - Wooddale Av
F. Concrete Curb & Gutter/Bituminous Overlay Improvement Nos. B-91, B-92 and
BA-294
VII. RECOMMENDATIONS AND REPORTS
A. Approval of Traffic Safety Committee Minutes of 09/17/91
B. Human Relations Appointment - School Board Nominee (Hurley replacement)
C. Resolution Approving 1992-1995 Community Health Services Plan
VIII. INTERGOVERNMENTAL ACTIVITIES
Agenda
Edina City Council
September 23, 1991
Page 3
IX. SPECIAL CONCERNS OF MAYOR AND COUNCIL
X. MANAGER'S MISCELLANEOUS ITEMS
A. 1992 Budget Review
B. Letter - Regional Transit Board
XI. FINANCE
A. Payment of Claims as per pre -list dated 09/23/91: Total $774,805.78 and
Confirmation of Payment of Claims dated 08/31/91: Total $511,303.62
SCHEDULE OF UPCOMING MEETINGS/EVENTS
Mon Oct 7 Regular Council Meeting
Mon Oct 21 Regular Council Meeting
Sat Oct 26 Ordinance Codification Work Session
Mon Nov 4 Regular Council Meeting
Mon Nov 11 VETERANS DAY - CITY HALL CLOSED
7:00 P.M. Council Room
7:00 P.M. Council Room
8:00 A.M. Arneson Acres
7:00 P.M. Council Room
Mon Nov 18 Regular Council Meeting 7:00 P.M. Council Room
(Truth in Taxation Hearing)
Sat Nov 23 Ordinance Codification Work Session 8:00 A.M. Arneson Acres
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
SEPTEMBER 9, 1991
ROL7CALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSENT AGENDA ITEMS APPROVED Motion was made by Member Kelly and was seconded
by Member Rice to approve and adopt the Council Consent Agenda items as presented
with the exception of the removal of items II.B - Approval of CDBG Third Party
Funding Agreements and II.C.6 - Set Hearing Date for Conditional Use Permit -
Parking Lot Expansion - Christ Presbyterian Church - 6901 Normandale Road.
Motion carried on rollcall vote - five ayes.
CITIZENSHIP DAY AND CONSTITUTION WEEK PROCLAIMED Mayor Richards presented the
following proclamation which was unanimously adopted:
PROCLAMATION
WHEREAS, we the people did ordain and establish a Constitution for the United
States of America to secure the blessings of liberty for ourselves and our
posterity; and
WHEREAS, it is important that all citizens fully understand the provisions,
principles and meaning of the Constitution so that they can support, preserve and
defend it against encroachment; and
WHEREAS, the President and the Congress of the United States have designated
September 17 as CITIZENSHIP DAY and the week of September 17 - 23 as CONSTITUTION
WEEK; and
WHEREAS, the people of the City of Edina do enjoy the blessings of
guarantees of the Bill of Rights, equal protection of the law under
Constitution and the freedoms derived from it;
NOW, THEREFORE, BE IT RESOLVED that I, Frederick S. Richards, Mayor
of Edina, in cooperation with the Commission on the Bicentennial of
States Constitution, do hereby proclaim
SEPTEMBER 17, 1991 as CITIZENSHIP DAY
and
THE WEEK OF SEPTEMBER 17 - 23 AS CONSTITUTION WEEK
and invite every citizen and institution to join in the national commemoration of
these events.
IN WITNESS THEREOF, I, Frederick S. Richards, Mayor of the City of Edina do
hereunto set my hand and cause the seal of the City of Edina to be affixed this
9th day of September, 1991.
EDINA SCHOOLS. EDINA ABC FOUNDATION DAY PROCLAIMED Mayor Richards presented the
following proclamation which was unanimously adopted:
PROCLAMATION
WHEREAS, the Edina ABC Foundation has, since its founding in 1971, provided
exceptional educational opportunities within Edina schools for nearly 100
disadvantaged minority students;
WHEREAS, the activities and accomplishments of the Edina ABC Foundation have
immeasurably contributed to the social foundation of Edina schools and the
broader community;
WHEREAS, The Edina ABC Foundation has and continues to benefit program providers
and recipients equally and significantly;
WHEREAS, The Edina ABC Foundation and Scholars have inestimably enriched the
community and enhanced Edina's cultural diversity;
WHEREAS, Many Edina ABC Foundation Scholars remain in or return to Edina, further
enhancing the cultural richness of the community; and
WHEREAS, The ABC Foundation has received local and national acclaim for its
splendid program and success.
NOW, THEREFORE, I, Frederick S. Richards, as Mayor of the City of Edina, do
liberty, the
the
of the City
the United
hereby proclaim the Eighth day of September, 1991, to be
EDINA ABC FOUNDATION DAY
in the City of Edina and urge all Edina residents to join with me in warmly
welcoming the Edina ABC Foundation Scholars to the Edina schools and community.
Bob Tuttle accepted the proclamation on behalf of the Edina ABC foundation.
EMPLOYEE DR. EUGENE DAVIS COMMENDED Manager Rosland introduced Dr. Eugene Davis
and commented that he started working for the City in the summer of 1958. Since
then he has worked as a summer employee in the following positions: 1958-62 -
building inspector, 1962-63 - plumbing inspector, 1964 - engineering, 1964
through 1966 - administrative asistant, 1967 through 1991 - environmentalist and
assistant weed inpector. Dr. Davis has been an educator for the Edina Schools,
has retired and will be moving to Arizona. In addition, Dr. Davis has served on
the Nine Mile Creek Watershed District Board since 1982. Manager Rosland thanked
Dr. Davis for his service to the City and commitment to the community and
presented him with a silver pen bearing the Edina Logo. Members of the Council
joined in commending Dr. Davis, conveyed their appreciation of his service to the
community, and wished him well in his retirement.
*MINUTES OF REGULAR MEETING OF 8/19/91 APPROVED Motion was made by Member Kelly
and was seconded by Member Rice to approve the Council Minutes of the Regular
Meeting of August 19, 1991.
Motion carried on rollcall vote, five ayes.
EXECUTION OF CONTRACT BETWEEN JPO AND COMSIS TO DRAFT TDM ORDINANCE APPROVED
Planner Larsen advised that the I-494 Corridor Commission Joint Powers
Organization (JPO) is preparing to award a consultant contract for $26,906 to
COMSIS (consulting company specializing in Travel Demand Management (TDM)
services) to prepare a draft ordinance as well as an overall TDM strategy for
reducing traffic on I-494. The JPO bylaws require the approval of at least four
of the five city councils on contracts exceeding $5,000.00.
The JPO and the Metropolitan Council will share evenly in the cost of the
proposed contract. The JPO has funds budgeted for this purpose and there will be
no additional cost to the City.
In response to Mayor Richards, Planner Larsen said he is not aware of any
opposition from the other cities in retaining the consultant. The other cities
will have meetings within the next week to act on this matter. Member Smith
asked what the ordinance would focus on. Planner Larsen said the JPO has
concentrated on the question of what type of development this should apply to,
i.e. only new development or to all development whether new or existing.
Further, that some medium level effort be given to: possibly limiting
development, pay parking, pricing to get on freeways, rewarding car-poolers with
preferential parking locations, or certain site -design criteria.
Member Paulus introduced the following resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it
hereby approves the Professional Services Agreement between the I-494 Joint
Powers Organization and COMSIS for preparation of a model travel demand strategy
and draft travel demand management ordinance for adoption by the five
participating cities;
BE IT FURTHER RESOLVED that the Mayor and Manager are hereby directed and
authorized to execute the contract on behalf of the City.
Motion was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
CDBG THIRD PARTY FUNDING AGREEMENTS APPROVED Member Rice said he had asked for
this item to be removed from the Consent Agenda because he was concerned about
the terms and conditions of the CDBG agreements. Planner Larsen said that past
procedure has been to tell Hennepin County what the City wants to do, how the
City proposes to do it and then meet with the County who determines if the City
is in compliance with the terms of the agreement.
Planner Larsen explained that this year, as in the past several years, the City
is funding three programs run by outside agencies: 1) H.O.M.E., 2) Day care
subsidy, and 3) Edina Community Center improvements.
Member Rice introduced the following resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it
hereby approves the third party funding agreements for the H.O.M.E. program,
the day care subsidy and the Edina Community Center improvements;
BE IT FURTHER RESOLVED that the Mayor and Manager are hereby directed and
authorized to execute the agreements on behalf of the City.
Motion was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*HEARING DATE OF 9/23/91 SET FOR PLANNING MATTERS Motion was made by Member
Kelly and was seconded by Member Rice setting September 23, 1991, as hearing date
for the following Planning matters:
1) Preliminary Rezoning PCD-4 to PCD-2 Planned Commercial District - 5100 Vernon
Avenue - Semper, Inc.
2) Preliminary Rezoning R-1 Single Dwelling Unit District to POD-2 Planned Office
District and Preliminary Plat Approval - Tract R, RLS No. 1050 - Normandale
Golf Area.
3) Comprehensive Plan Amendment - Quasi -public to Public and Office - Normandale
Golf Area.
4) Preliminary Rezoning R-1 Single Dwelling Unit District to PRD-2 Planned
Residence District and Preliminary Plat Approval - Outlot B, Parkwood Knolls
20th Addition.
5) Preliminary Plat Approval - Wooddale Lakes Addition - Katter Family
Partnership.
Motion carried on rollcall vote, five ayes
HEARING DATE NOT REQUIRED: REQUEST FOR CONDITIONAL USE PERMIT FOR PARKING LOT
EXPANSION WITHDRAWN BY CHRIST PRESBYTERIAN CHURCH Planner Larsen explained that
Christ Presbyterian Church has withdrawn their request for a conditional use
permit for parking lot expansion and therefore a hearing date will not need to be
set for this matter. However, the notice for public hearing has been sent for
publication the week of September 9, 1991. A courtesy notice will be sent to the
property owners who would have been notified of the hearing, telling them that
the request has been withdrawn. No formal action was taken.
*BID AWARDED FOR SANITARY SEWER LIFT STATION LS-11 REMODELING Motion was made by
Member Kelly and was seconded by Member Rice for award of bid for sanitary sewer
lift station (LS-11) remodeling to recommended low bidder, Gridor Constr., Inc.,
at $223,460.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR NEW ENGINEERING SURVEY EQUIPMENT Motion was made by Member
Kelly and was seconded by Member Rice for award of bid for new survey equipment
for the Engineering Department to recommended low bidder, Brinson Instrument
Company, at $14,520.00.
Motion carried on rollcall vote five ayes.
*BID AWARDED FOR ROCK SALT Motion vas made by Member Kelly and was seconded by
Member Rice for award of bid for rock salt for ice control on streets to Cargill
Salt, Inc. at $28.27 per ton, per Hennepin County Contract #1950A1-232.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR SIGNAL CONTROL CABINETS AND CONTROLLERS Motion was made by
Member Kelly and was seconded by Member Rice for award of bid for two signal
control cabinets and controllers to Riddle Control Products at $20,916.00, per
MN/DOT Contract #C7905025342 01.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR VENTILATION FOR CARBON AIR SCRUBBER Motion was made by Member
Kelly and vas seconded by Member Rice for award of bid for ventilation of the
carbon air scrubber at the West 72nd Street lift station to recommended low
bidder, Snell Mechanical, Inc., at $14,180.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR BRAEMAR GOLF COURSE - HOLE #6 RECONSTRUCTION Motion was made by
Member Kelly and vas seconded by Member Rice for award of bid for Braemar Golf
Course - Hole #6 reconstruction to recommended low bidder, Glenn Rehbein
Excavating, Inc., at $64,191.00.
Motion carried on rollcall vote five ayes.
*BID AWARDED FOR FIRE STATION DISPATCH CENTER CONSOLE Motion was made by Member
Kelly and was seconded by Member Rice for award of bid for Fire Station Dispatch
Center Console to recommended low bidder, Communications Specialists, Inc., at
$10,595.00.
Motion carried on rollcall vote - five ayes.
RESOLUTION ADOPTED IN SUPPORT OF DEVELOPMENT OF BRYANT LAKES REGIONAL PARK
Joan Lonsbury, member of the Metropolitan Parks and Open Space Commission, said
she is seeking support for the development of Bryant Lake as a Hennepin County
Regional Park. Bryant Lake is located in the northeast corner of Eden Prairie,
consists of approximately 230 acres and the estimated cost to develop this park
is $4.1 Million. The park is proposed to include fishing, boating, a beach and
picnic areas. The Commission will be going to the Minnesota Legislature for
funding of its capital improvement projects budget. Ms. Lonsbury said she is
asking elected officials in Edina, Eden Prairie and Minnetonka, who would be most
affected by this development, as well other elected officials to write a letter
to their legislators supporting development of this park. She pointed out that
most of the regional park development has been to the north, with the exception
of Hyland Park in Bloomington. Further, that Edina pays a lot of taxes and it is
time that Bryant Lake is developed for the southern suburbs.
In response to Council questions, Ms. Lonsbury said capital budget funds are
balanced between acquisition of land, development of land and redevelopment of
existing park land. The City of Eden Prairie over a year ago by letter asked her
to work on getting this park developed. At this point there has not been a lot
of opposition to the park's development from nearby residents. She said that
since motorized boating has been allowed in the past, she felt it would continue.
Park and Recreation Director Kojetin reiterated that much of the Commission's
funding does go to the northern parks. Another regional park in the south
suburbs would be popular with residents of Edina.
Member Paulus introduced the following resolution and moved its adoption:
RESOLUTION
WHEREAS, the City of Edina and the Edina Park Board recognize that Hennepin
Regional Parks are an extension of Edina's open space and recreational
opportunities; and
WHEREAS, a contiguous regional park offering boating, fishing, and a large picnic
area would greatly benefit the residents of Edina; and
WHEREAS, the City of Edina encourages development of a regional park in the
southern part of Hennepin County; and
WHEREAS, the City of Edina urges Hennepin Parks to set the development of Bryant
Lake Regional Park as its first priority in 1992;
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council and Edina Park Board
supports and encourages the development of the Bryant Lake Regional Park in the
City of Eden Prairie.
Motion was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
RESOLUTION OF RELEASE AND SATISFACTION ADOPTED - OIITLOT C. SOUTH EDINA
DEVELOPMENT ADDITION (PARKLAWN AVENUE) Assistant Manager Hughes informed Council
that in 1982, the City and the HRA entered into an agreement with Hedberg and
Sons Company regarding special assessments for Parklawn Avenue. The agreement
was entered into at the time of the construction of South Haven, a 100 unit low-
income elderly building which is located on Parklawn Avenue. The agreement
provided that the HRA would pay the cost of the construction of Parklawn Avenue
to serve the South Haven project without assessing Hedbergs. The agreement also
provided that if Parklawn Avenue were extended in the future, Hedbergs would pay
the full cost of the extension without assessment to the HRA or South Haven.
Parklawn Avenue was extended in connection with the Centennial Lakes project,
therefore, the terms of the 1982 agreement have been satisfied. The owners of
Outlot C have requested a release and satisfaction of the agreement. Staff would
recommend approval of the request.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION OF RELEASE AND SATISFACTION
WHEREAS, on March 19, 1982, the City of Edina ("Edina"), a municipal corporation
of the State of Minnesota, the Housing and Redevelopment Authority of Edina,
Minnesota ("HRA"), a body politic and corporate under the laws of the State of
Minnesota, and Hedberg & Sons Co. ("Hedberg"), a Minnesota corporation, entered
into an agreement, which agreement was executed by such parties and filed and
recorded in the office of the County Recorder, Hennepin County, Minnesota, on
March 29, 1982, as Document No. 4708006 (hereinafter the "Agreement").
WHEREAS, it is the intent of the parties, by this Satisfaction and Release, to
release the land therein encumbered by the Agreement and each of the parties
thereto from all obligations, duties, agreements and covenants contained in such
Agreement.
NOW, THEREFORE, in consideration of the premises, all parties hereto agree as
follows:
1. Each of the undersigned parties hereby releases one another and the land
encumbered therein from all obligations, duties, agreements and covenants made
therein.
2. The parties hereto agree that all of the duties, obligations, agreements and
covenants contained in the Agreement identified above and filed for record on
March 29, 1982, as Document No. 4708006, in the office of the County Recorder of
Hennepin County, Minnesota, are with the indebtedness thereby secured, fully paid
and satisfied.
Motion was seconded by Member Rice.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
VACANCIES NOTED ON PARK BOARD, HUMAN RELATIONS AND RECYCLING COMMISSION Mayor
Richards informed Council that vacancies exist on the Park Board, Human Relations
Commission and Recycling Commission, and asked for names to be submitted to him
of persons who are interested and willing to serve.
*HEARING DATE OF 10/21/91 SET FOR PROPOSED NINE be BEER LICENSE FEE INCREASE
Motion was made by Member Kelly and seconded by Member Rice setting a hearing
date of October 21, 1991, for proposed increase in wine and beer license fees.
Motion was carried on rollcall vote - five ayes.
*HEARING DATE OF 9/23/91 SET FOR STREET IMPROVF1MT NO. BA-296 Motion was made
by Member Kelly and was seconded by Member Rice setting September 23, 1991, as
hearing date for Street Improvement No. BA-296 on Malibu Drive from Lincoln Drive
to 707 feet southeast.
Motion was carried on rollcall vote - five ayes.
CORRESPONDENCE ACKNOWLEDGED FROM RESIDENT REQUESTING SIDEWALK ON W. 76TH STREET.
Engineer Hoffman referred to a letter dated August 28, 1991, from Joy M. Betz,
4452 W. 76th St. #201, asking the Council to approve a sidewalk project that
would run along the north side of W. 76th Street from France Avenue to Parklawn
Avenue. Her letter stated that a sidewalk would allow easier access to the
Centennial Lakes area (shops and recreation) and to the many residents and
workers on the south side of this new development. Engineer Hoffman said he had
advised Ms. Betz to circulate a petition for the project but she had declined.
Member Smith suggested that the subject letter be filed, and if additional
requests were received, the issue be revisited Also, that Ms. Betz be sent a
letter, with a petition form enclosed, stating that the issue is under
advisement. No formal action was taken.
*RESOLUTION ADOPTED RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS BY
REIMBURSING CAPITAL EXPENDITURES WITH BOND PROCEEDS Motion was made by Member
Kelly and was seconded by Member Rice for adoption of the following resolution:
RESOLUTION RELATING TO FINANCING OF
CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN
BY THE CITY OF EDINA
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council (the "Council") of the City of Edina,
Minnesota (the "City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued proposed Treasury Regulations
Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing
with the issuance of bonds, all or a portion of the proceeds of which are to be
used to reimburse the City for any project costs paid by the City prior to the
time of the issuance of the bonds.
(b) The Regulations generally require that the City make a prior
declaration of its official intent to reimburse itself for such prior
expenditures out of the proceeds of a subsequently issued taxable or tax exempt
borrowing, that such declaration generally be made prior to but not more than two
years before the time the expenditure is actually paid, that the borrowing occur
and the reimbursement allocation be made from the proceeds of such borrowing
within one year of the payment of the expenditure or, if longer, within one year
of the date the project is placed in service, and that the expenditure relate to
property having a reasonably expected economic life of at least one year.
(c) The City desires to comply with requirements of the Regulations with
respect to certain projects hereinafter identified.
2. Official Intent Declaration.
(a) The City proposes to undertake the following projects described on
Exhibit A attached hereto.
(b) Other than costs to be paid or reimbursed from sources other than a
tax-exempt borrowing or costs permitted to be reimbursed pursuant to the
transition provision of Section 1.103-17(1) of the Regulations, none of the costs
of the foregoing projects as identified on Exhibit A has heretofore been paid by
the City and none of the costs will be paid by the City until after the date of
this Resolution. Each of the projects, and costs related thereto, constitutes
property having a useful life of at least one year.
(c) The City intends to reimburse itself for the payment of the designated
project costs out of the proceeds of a tax exempt bond issue, debt or similar
borrowing (the "Bonds") to be issued by the City after the date of payment of all
or a portion of the costs. Pending the issuance of the Bonds, the City
reasonably expects to pay and temporarily finance the costs from the following
source or sources of fiords identified on Exhibit A.
(d) The Bonds are proposed to be issued by the City pursuant to the
provisions of Minnesota Statutes, Chapter 475, and other applicable statutory
authority. The reasonably expected source or sources of funds to be used by the
City to pay the debt service on the Bonds are identified on Exhibit A.
3. Budgetary Matters. As of the date hereof, there are no City funds
reserved or otherwise allocated pursuant to the City's budget (or expected to be
reserved or allocated pursuant to the City's budget) to provide permanent
financing for the costs of the projects, other than pursuant to the issuance of
the Bonds. Furthermore, there has been no allocation, budgeting, or restriction
of moneys (or the adoption of a requirement or policy to reimburse a fund) as
part of the City's budgetary process, the primary purpose of which is to prevent
moneys from said sources from being available for the permanent financing of the
costs of the projects. This resolution, therefore, is determined to be
consistent with the City's budgetary and financial circumstances as they exist or
are foreseeable on the date hereof, all within the meaning and content of the
Regulations.
4. Filing. This resolution shall be filed in the publicly available
official books, records, or proceedings of the City, which shall be continuously
available for inspection by the general public. This resolution shall be
available for inspection at City Hall during normal business hours of the City on
every business day during the period beginning on the earlier of 10 days after
the adoption hereof or the date of issuance of the reimbursement bonds and ending
on the day after the issuance of such bonds.
5. Reimbursement Allocations. The City's financial officer shall be
responsible for making the "reimbursement allocations" described in the
Regulations, being generally the transfer of the appropriate amount of proceeds
of the Bonds to reimburse the source of temporary financing used by the City to
make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained
for the Bonds, shall specifically identify the actual prior expenditure being
reimbursed, and shall be effective to relieve the proceeds of the Bonds from any
restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state or federal statute, which would apply to
the unspent proceeds of such bond issue.
Project Description
Swimming Pool
Renovation
Motion carried on rollcall vote
Exhibit A
Estimated Cost to
be Reimbursed from
Bond Proceeds
$605,000
- five ayes.
Source of
Interim Financing
Revolving Fund
Source
of Funds to
Pay Bonds
Recreation Fees
*RESOLUTIONS ADOPTED CANCELLING LEVY FOR 1992 ON $5,400,000 G.O. IMPROVEMENT
BONDS. SERIES 1984 AND $2.200,000 G.O. REDEVELOPMENT BONDS
Motion vas made by and vas seconded by Member Rice to for adoption of the
following resolutions:
RESOLUTION CANCELLING AD VALOREM TAXES
COLLECTIBLE WITH 1992 GENERAL PROPERTY TAXES LEVIED
rOR $5,400,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984
WHEREAS, the City Council of the City of Edina has, by resolution adopted
September 10, 1984, levied a special ad valorem tax for the payment of principal
and interest of its General Obligation Improvement Bonds, Series 1984; said ad
valorem tax in the amount of $370,000 being collectible with and as a part of
other general taxes for the year 1992; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for
said bond issue; and it has been determined by this Council that the required
moneys are on hand for the payment of said principal and interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that
those ad valorem tax levies made by resolution of this Council adopted September
10, 1984, and collectible with and as a part of other general property taxes in
said City for the year 1992, be and hereby are cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be
authorized and directed to cancel the above described ad valorem tax levies and
to delete said levies from taxes to be spread for the year 1992.
ADOPTED this 9th day of September, 1991.
RESOLUTION CANCELLING AD VALOREM TAXES
COLLECTIBLE WITH 1992 GENERAL PROPERTY TAXES LEVIED
FOR $2.200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS
WHEREAS, the City Council of the City of Edina has, by resolution adopted
November 3, 1975, levied a special ad valorem tax for the payment of principal
and interest of its $2,200,000 General Obligation Redevelopment Bonds, said ad
valorem tax in the amount of $296,700 being collectible with and as a part of
other general taxes for the year 1992; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for
said bond issue; and it has been determined by this Council that the required
moneys are on hand for the payment of said principal and interest;
NOV, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that
those ad valorem tax levies made by resolution of this Council adopted November
3, 1975, and collectible with and as a part of other general property taxes in
said City for the year 1992, be and are hereby are cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be
authorized and directed to cancel the above described ad valorem tax levies and
to delete said levies from taxes to be spread for the year 1992.
ADOPTED this 9th day of September, 1991.
Motion carried on rollcall vote - five ayes.
*CLAIMS PAID Motion was made by Member Kelly and was seconded by Member Rice to
approve payment of the following claims as shown in detail on the Check Register
dated 9/9/91 and consisting of 33 pages: General Fund $374,808.83;
Communications $854.75; Art Center $6,850.59; Capital Fund $9,129.91; Swimming
Pool Fund $3,786.74; Golf Course Fund $22,119.57; Recreation Center Fund
$13,971.22; Gun Range Fund $279.53; Edinborough Park $33,716.08; Utility Fund
$291,494.20; Storm Sewer Utility $7,589.03; Liquor Dispensary Fund $8,842.37;
Construction Fund $33,739.51; TOTAL $807,182.33.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 7:50 P.M.
City Clerk
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
Mayor & City Council
Francis Hoffman.
City Engineer
23 September, 1991
Special Assessments
Centennial Lakes and
Other Project Areas
Agenda Item # II . A.-M.
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
x Discussion
Recommendation:
(1) Centennial Lakes - Spread assessment over 12 years.
(2) BA-291 (W. 69th St.) - Spread assessment over Galleria property or per
square foot basis as requested.
(3) Review assessment of E-32 Alley Improvement prior to levying assessment.
Info/Background
Just a few notes on the special assessments. The developers at Centennial
Lakes have requested that the term of the assessment be twelve years. Staff
would recommend this duration of assessment.
The Gabbert & Gabbert Company has requested that the assessment for W. 69th
Street be spread on a per square foot basis instead of a lineal foot basis.
Staff would recommend that the request be approved (see attached letter).
The third issue is the assessment of the alley (E-32). The attached sketch
indicates the properties which use the alley and those who do not. Also,
it indicates support and opposition to the alley paving. The issue raised
during the approval of the project involved the request to pro -rate the
assessment based on current users. The assessment is currently set up based
on the same assessment to all properties because they all have equal ability
to access the alley. Please use the attached sketch to determine if spreading
the assessment differently should be considered.
FROM GABBERT R BECK (FRI) 09. 20 ' 91 13 : 54 . / NO.3000000822 P. 2
September 20, 1991
City of Edina
4801 West 50th Street
Edina City Hall
Edina, MN 55424
Gabbert & Beck
3510 GALLERIA, EDINA MGNNESOTA 55435
(612) 925-4321
RE: PROPOSED ASSESSMENT STREET IMPROVEMENT #BA-291.
Gentlemen:
I am writing regarding the proposed assessment relating to several properties which are owned
by Gabbert and Gabbert Company, generally known as the "Galleria site."
We understand that the proposed assessment is based on a per front foot amount of $40 per lineal
foot of frontage along 69th street. The allocation on this basis is as we understood it would be
and is acceptable to us. However, we would like to request that the assessment be spread against
our property on an area basis, rather than on a per front foot basis. This request pertains to the
following parcels included in your assessment role:
Tract A, REGISTERED LAND SURVEY NO. 1366 (29-028-24-33-0008);
Tract D, REGISTERED LAND SURVEY NO. 1171 (29-028-24-34-0012);
Tract A, REGISTERED LAND SURVEY NO. 1171 and that part of Tract B,
REGISTERED LAND SURVEY NO. 1366 lying West of Tract A Registered Land
Survey No. 1466, subject to highway (29-028-24-33-0013);
Tract A, REGISTERED LAND SURVEY NO. 1466 (29-028-24-34-0015).
We propose that the assessment be spread against the parcels included in the attached schedule
in the amounts indicated.
Thank you for your consideration.
Sincerely,
GABBERT AND GABBERT COMPANY
Cbuttx-
Warren L. Beck
General Partner
WB/do
FAX 612/925.2965
FROM GAEBERT F BECK
(FRI) 09. 20' 91 13 : 54 % NO. 3000000822 P.
PROPOSED ASSESSMENT SCHEDULE
GALLERIA BLOCK
PROJECT BA-291
AREA PROPOSED
PARCEL PIN (SQ.FT.) ASSESSMENT
TRACT C, RLS NO. 1171 29-028-34-33-0006 44,649 2,883.80
TRACT A, RLS NO. 1171 &
TRACT B, RLS NO. 1366 29-028-24-33-0013 753,141 48,642.14
TRACT A, RLS NO. 1366 29-028-24-33-0008 54,725 3,534.45
TRACT D, RLS NO. 1171 29-028-24-33-0012 119,998 7,750.15
TRACT A, RLS NO. 1455 29-028-24-34-0015 161,690 10,442.86
TOTAL 1,134,203 73,253.40
REPORT/RECOMMENDATION
To:
From:
Mayor & City Council
Francis Hoffman
City Engineer mod'
Date: 4 September, 1990
Subject: Public Hearing
Alley Improvement E-32
Between Oxford Avenue
and Bedford Avenue
Agenda Item #
Consent
Information Only
Mgr . Recommends II To HRA
To Council
Action x Motion
x
Resolution
—' Ordinance
Discussion
Recommendation:
Approve a bituminous pavement alley project.
Info/Background:
This public hearing was continued from the August 20th Council meeting to this
meeting. After receiving the public hearing notice and the initial public
hearing review, the neighbors have resubmitted a petition to City Council.
It is clear that ten of the fourteen neighbors support a bituminous paving
project. However, all do not agree on the method of proposed assessment.
It is staff recommendation that a bituminous paving improvement project be
approved with a proposed ten year assessment. Additionally, if project is approved,
that at the special assessment hearing (which would be held in September, 1991),
assess all properties equally or pro -rate costs based on alley use. A decision
to pro -rate the assessment would be done under the exceptions scenario. In most
situations in Edina, a large majority of properties abutting alleys also use
the alley. This' may be an exception to that general scenario and therefore may
be considered differently.
Staff will make a presentation to Council on the new petition of the neighbors.
August 26, 1990
Mayor Fred Richards and
Edina City Council
c/o Edina City Clerk
4801 West 50th Street
Edina, MN 55424
Ref: Improvement No. E-32
Pavement of Alley between Oxford Ave. and Bedford Ave.
Dear Mayor and Council Members,
As directed by the Council at the public hearing on this issue, I have
drafted and circulated the two enclosed petitions. I would also like
to take this opportunity to point out some important comments that
were brought up while going around with the petitions and talking
to neighbors:
It appears that all of the neighbors prefer the blacktop option
over the concrete option, and would like to see the project done
as inexpensively as possible, within city construction
requirements.
Most of us who use this alley want to get the assessment
passed and, therefore, have not made any conditional
stipulations as to how assessments are to be distributed,
instead leaving the distribution to the discretion of the council
as to what is most fair.
The people in our neighborhood like each other, and those of us
that use the alley and want the assessment passed are as
concerned about fairness as those who do not use the alley.
This is the reason that the conditional approval petition was
also circulated.
It appears that a plan for a pro -rated assesment, with current users
of the alley paying a greater share per property than non -users,
would satisfy the councils feeling that all properties should be
August 26, 1990
Improvement No. E-32
Page 2
assessed, and would also have the approval of the vast majority of
all property owners. This could be looked at as similar to the
difference between lakefront properties, and comparable properties
with lake rights. Both offer an enhanced value, but they are
certainty not worth the same amount.
I know that at the public hearing you heard some widely varied
opinions. We do, however, live in a neighborhood of reasonable
people. We have now had time to discuss this issue among
ourselves and develop more unified points of view. I believe if an
option to distribute the assessments in the above manner were
pursued, that you would find very little, if any opposition.
In summary, I urge you to vote for passage of this improvement, in
keeping with the council's mission statement to maintain Edina as a
premier community in the Twin Cities area. In the interest of
fairness and in acknowledgment of the desires of the majority of
the constituents affected, I urge that the assessment be passed with
the costs distributed on a pro -rated bases.
Sincerely,
Ca—peq 41,14,---
David A. Morris
5116 Bedford Avenue
Edina, MN 55436
929-7757 (res.)
933-0800 (off.)
W. 51 st Street
C
5101
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18-111.11-3Z Olt?
5109
23
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-Z� 117-_2/-32 - v"s
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_-_ - -0105
j5128
Se tie ' Li4 8
F = FOR THE PROJECT
C = CONtNT1ONAL
0
Bedford Avenue
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STREET GRADING IMPROVEMENT NO. C-146.
LOCATION: Centennial Lakes
CONTRACTOR: Ames Construction
Engineering and Testing Costs:
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST @ 9%
From: December 19, 1988
To: September 23, 1991
1008 days at $221.74 per day
COUNTY NO. C-146
LEVY NO. 12279
$ 767,412.00
275,347.00
$1,042,759.00
15,348.00
$1,058,107.00
100.00
$1,058,207.00
223,514.00
$1,281,721.00
LESS REIMBURSEMENTS/SALE OF MATERIALS 304,870.00
TOTAL CONSTRUCTION COST $ 976,351.00
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.045648 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST: $ 976,851.00
COUNTY CHARGE: 5 parcels at $0.50 per parcel
2.50
$ 976,853.50
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. WM-367
LEVY N0. 12284
FOR: WATERMAIN IMPROVEMENT NO. WM-367
LOCATION: Centennial Lakes
CONTRACTOR: Lake Area Utility Contracting, Inc.
Engineering and Testing
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
From: May 15, 1989
To: September 23, 1991
861 days at $31.11 per day
$119,703.00
25,581.00
$145,284.00
2,394.00
$147,678.00
100.00
$147,778.00
26,778.94
TOTAL CONSTRUCTION COST $174,556.94
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $.08157 PER ASSESSABLE SQUARE FOOT
ASSESSABLE COST:
COUNTY CHARGE: 5 parcels at $0.50 per parcel
$174,556.94
2.50
$174,559.44
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STORM SEWER IMPROVEMENT NO. STS-197.
LOCATION: Centennial Lakes
CONTRACTOR: Brown and Chris, Inc.
Engineering and Testing
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9%
From: September 18, 1989
To: September 23, 1991
735 days at $70.23 per day
COUNTY NO. STS-197
LEVY NO. 12282
$315,306.00
42,3 57.00
$3 57 , 663.00
6,306.00
$363,969.00
100.00
$3 64, 069.00
51,615.92
TOTAL CONSTRUCTION COST $415,683.92
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.194248 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST: $415,683.92
COUNTY CHARGE: 5 parcels at $0.50 per parcel 2.50
$415, 686.42
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A_
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. SS-381
LEVY NO. 12283
FOR: SANITARY SEWER IMPROVEMENT NO. SS-381,
LOCATION: Centennial Lakes
CONTRACTOR: Lake Area Utility Contracting
Engineering and Testing Costs
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9%
From: May 15, 1989
To: September 23, 1991
861 days at $47.31 per day
$165,299.00
52,913.00
$218, 212.00
3,306.00
$221,518.00
100.00
$221,618.00
40,73 0.00
TOTAL CONSTRUCTION COST $262,348.00
LESS STORM SEWER UTILITY REIMBURSEMENT - 150,000.00
TOTAL ASSESSABLE COST $112,348.00
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.0525 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST:
COUNTY CHARGE: 5 parcels at $0.50 per parcel
$112,348.00
2.50
$112,350.50
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A,
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STREET IMPROVEMENT NO. BA-289.
LOCATION: Centennial Lakes
CONTRACTOR: Progressive Contractors, Inc.
Engineering and Testing
Utility Relocation
COUNTY NO. BA-289
LEVY NO. 12287
$1,163 , 921.00
175,065.00
317,098.00
$1,656,084.00
CLERICAL 2%: 23,278.00
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
From: September 18, 1989
To: September 23, 1991
735 days at $306.90 per day
TOTAL CONSTRUCTION COST
LESS STATE AID REINBURSEMENT:
TOTAL ASSESSABLE COST
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET
PROPOSED ASSESSMENT: $0.422918 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST:
COUNTY CHARGE: 5 parcels at $0.50 per parcel
$1,679,362.00
100.00
$1,679,462.00
225,568.72
$1,905,030.72
- 1,000,000.00
$ 905,030.72
$ 905,030.72
2.50
$ 905,033.22
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STREET IMPROVEMENT NO. BA-290.
LOCATION: Centennial Lakes
CONTRACTOR: Progressive Contractors, Inc,
Engineering and Testing
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
From: September 18, 1989
To: September 23, 1991
735 days at $273.97 per day
TOTAL CONSTRUCTION COST:
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.620937 PER ASSESSABLE SQUARE FOOT.
COUNTY NO. BA-290
LEVY NO. 12288
$ 976,594.00
131,192.00
$1 ,107 , 786.00
19,532.00
$1,127,318.00
100.00
$1,127,418.00
201 ,365.43
$1,328,783.43
ASSESSABLE COST: $1,328,783.43
COUNTY CHARGE: 5 parcels at $0.50 per parcel
2.50
$1,328,785.93
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.B_.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. BA-280
LEVY NO. 12285
FOR: STREET IMPROVEMENT NO. BA-280.
LOCATION: France Avenue from West 70th Street to Minnesota Drive.
CONTRACTOR: Hennepin County/Mn Dept. of Transportation
Lindhoff
Legal Fees
PCI
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
$903,724.00
30.00
701.00
1,453.00
$905,908.00
18,074.00
$923,982.00
100.00
$924,082.00
CAPITALIZED INTEREST AT 9%
From: November 5, 1990
To: September 23, 1991
321 days at $65.68 per day (assessable portion share) 21,148.00
TOTAL CONSTRUCTION COST $945,230.00
LESS: Streets Utility
Centennial Lakes portion
State Aid Payment
224,119.50
118,000.00
336,758.82
- 678,878.00
TOTAL ASSESSABLE COST $266,352.00
ASSESSABLE UNITS: *6,659.21 ASSESSABLE FEET.
ESTIMATED ASSESSMENT: $40.00 PER ASSESSABLE FOOT.
PROPOSED ASSESSMENT: $40.00 PER ASSESSABLE FOOT.
ASSESSABLE COST:
COUNTY CHARGE: 27 parcels at $0.50 per parcel
* Total includes .40 feet deleted.
$266,352.00
13.50
$266,365.50
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.C.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. BA-286
LEVY NO. 12286
FOR: STREET IMPROVEMENT NO. BA-286.
LOCATION: France Avenue from West 49-1/2
Street to North city limits.
CONTRACTOR: Hennepin County $ 64,720.00
Lindhoff 10.00
Morningside Landscape 1,740.00
Bjorks Country Stone 14,370.00
Aqua Engineering 430.00
Bachmans 150.00
Nordquist Sign 1,950.00
Midwest Landscraping 18.00
City of Minneapolis 57,842.00
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9%
From: July 10, 1989
To: September 23, 1991
805 days at $23.21 per day (assessable portion share)
TOTAL CONSTRUCTION COST
LESS STATE AID PAYMENT
TOTAL ASSESSABLE COST
ESTIMATED ASSESSMENT: Single Family Units:
Multi -Family Units:
Commercial Units:
PROPOSED ASSESSMENT:
$141 , 230.00
1,294.00
$142,524.00
75.00
$142,599.00
$ 18,681.00
$161,280.00
- 67,443.00
$ 93,837.00
$20.00/Ft. (2,336.81 ft.)
$30.00/Ft. ( 440.90 ft.)
$40.00/Ft. ( 821.85 ft.)
Single Family Units: $20.00/Ft.
Multi -Family Units: $30.00/Ft.
Commercial Units: $40.00/Ft.
(2) Single Family Units at $500.00 each unit.
ASSESSABLE COST:
COUNTY CHARGE: 64 parcels at $0.50 per parcel
$ 93,837.00
32.00
$ 93,869.00
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.D.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. BA-291
LEVY NO. 12289
FOR: STREET IMPROVEMENT NO. BA-291.
LOCATION: West 69th Street from France Avenue to Xerxes Avenue.
CONTRACTOR: Alber Construction
Braun Engineering
Strgar Roscoe Faush
NSP
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
$602,548.08
300.00
9,099.75
3,170.00
$615,117.83
12,050.96
$627,168.79
100.00
$627,268.79
CAPITALIZED INTEREST AT 9%
From: May 20, 1991
To: September 23, 1991
126 days at $46.40 per day (Assessable portion Share) 5,846.40
TOTAL CONSTRUCTION COST $633,115.19
LESS STATE AID PAYMENT: - 441,157.19
TOTAL ASSESSABLE COST $191,958.00
ASSESSABLE UNITS: 4,798.95 ASSESSABLE SQUARE FEET.
ESTIMATED ASSESSMENT: $40.00 PER ASSESSABLE SQUARE FOOT
PROPOSED ASSESSMENT: $40.00 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST:
COUNTY CHARGE: 9 parcels at $0.50 per parcel
$191,958.00
4.50
$191,962.50
TO BE SPREAD OVER 10 YEARS 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1/46 YEARS.
II.E.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY CO. BA-292
LEVY NO. 12290
FOR: STREET IMPROVEMENT NO. BA-292.
LOCATION: Lincoln Drive from South lot line of Lot 1, Block 1,
Interlachen Hills 3rd Addition to 413' South.
CONTRACTOR: Northwest Asphalt
NSP
ENGINEERING AND CLERICAL 10%:
$67,732.57
379.00
$68.111.57
6,773.26
$74,884.83
PUBLISHING AND SUPPLIES: 75.00
CAPITALIZED INTEREST AT 9.0%
From: October 15, 1990
To: September 23, 1991
343 days at $18.48 per day
$74,959.83
$ 6,341.17
TOTAL CONSTRUCTION COST $81,301.00
ASSESSABLE UNITS: 1,012.34 ASSESSABLE FEET.
ESTIMATED ASSESSMENT: $81.01 PER ASSESSABLE FOOT.
PROPOSED ASSESSMENT: $80.31 PER ASSESSABLE FOOT.
ASSESSABLE COST: $81,301.00
COUNTY CHARGE: 4 parcels at $0.50 PER PARCEL 2.00
$81,303.00
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.E.
September 19, 1991
Ms. Marcella M. Daehn
City Clerk
CITY OF EDINA
City Hall
4801 West 50th Street
Edina, Minnesota 55424
Subject: Special Assessment, Street Improvement No. BA-292
Dear Ms. Daehn:
Please be advised that, pursuant to the procedures outlined in the Notice
of Public Hearing issued for the above -entitled special assessment, I
hereby object to the assessment against my property in the amount of
$29,665.51 (30-117-21-32-0006).
Very truly yours,
Wallace B. Kenneth
II.F.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: PARKING FACILITY IMPROVEMENT NO. P-4.
LOCATION: West 49-1/2 Street
CONTRACTOR: James Steele Construction
NSP
ENGINEERING AND CLERICAL
COUNTY NO. P-4
LEVY NO. 12280
885,925.00
1,200.00
$
887,125,00
110,000.00
$ 997,125.00
PUBLISHING AND SUPPLIES: 100.00
CAPITALIZED INTEREST AT 9.0%
From: April 16, 1991
To: September 23, 1991
160 days at $245.89 per day
997,225.00
39,3 42.51
$1,036,567.51
LESS 80% TAX INCREMENT REIMBURSEMENT - 829,254.00
TOTAL CONSTRUCTION COST $ 207,313.51
ASSESSABLE UNITS: 319,869 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.64812 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST: $ 207,313.51
COUNTY CHARGE: 29 parcels at $0.50 per parcel 14.50
$ 207,3 28.01
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.G.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY N0. E-32
LEVY N0. 12281
FOR: ALLEY IMPROVEMENT NO. E-32.
LOCATION: Alley between Oxford Avenue and Bedford Avenue South of 51st Street.
CONTRACTOR: DMJ CORPORATION $ 6,784.00
ENGINEERING AND CLERICAL 14%: 949.00
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
FROM: November 19, 1990
TO: September 23, 1991
308 days at $1.91 per day
TOTAL CONSTRUCTION COST -
ASSESSABLE UNITS: 14 ASSESSABLE LOTS.
ESTIMATED ASSESSMENT: $712.10 PER ASSESSABLE LOT
PROPOSED ASSESSMENT: $596.33 PER ASSESSABLE LOT
ASSESSABLE COST:
COUNTY CHARGE: 14 parcels at $0.50 per parcel
$ 7,733.00
25.00
$ 7,758.00
590.62
$ 8,348.62
$ 8,348.62
7.00
$ 8,355.62
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.H.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. M-91
LEVY NO. 12271
FOR: MAINTENANCE IMPROVEMENT NO. M-91.
LOCATION: 50th and France Business District.
CONTRACTOR: City of Edina $38,235.56
Payroll - Lancello
Public Works Crew
and temporary
Contracted Service
and repairs
General Supplies
Repair Parts
$29,116.75
3,611.81
277.26
1,905.46
3,324.28
PUBLISHING AND SUPPLIES: 50.00
TOTAL CONSTRUCTION COST $38,285.56
ASSESSABLE UNITS: 322,269 ASSESSABLE FEET.
PROPOSED ASSESSMENT: $0.1188 PER ASSESSABLE FOOT.
ASSESSABLE COST: $38,285.56
COUNTY CHARGE: 29 parcels at $0.05 per parcel 1.45
$38,287.01
TO BE ALLOCATED TO TAXES DUE AND PAYABLE IN 1992.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. AQ-91
LEVY N0. 12274
FOR: AQUATIC WEED IMPROVEMENT NO. AQ-91.
LOCATION: INDIANHEAD LAKE
CONTRACTORS: Midwest Aqua Care
Instrumental Research
Clean Flo Laboratories
State of Minnesota - Permit
ASSESSABLE UNITS: 33 Homes
PROPOSED ASSESSMENT: $197.09 per home.
LOCATION: MILL POND
CONTRACTORS: Midwest Aqua Care
State of Minnesota - Permit
Less: City Share
ASSESSABLE UNITS: 63 Homes
PROPOSED ASSESSMENT: $87.79 per home.
ASSESSABLE COST:
COUNTY CHARGE: 96 parcels at $0.05 per parcel
$4,179.00
589.53
1,535.40
200.00
$6,503.93
$6,979.00
52.00
TT7,031.00
- 1,500.00
$5,531.00
$12 , 03 4.93
4.80
$12,039.73
TO BE ALLOCATED TO TAXES DUE AND PAYABLE IN 1992.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPLE x 1.46 YEARS.
CITY OF EDINA
ANALYSID OF ASSESSMENT
FOR: TREE REMOVAL PROJECT NO. TR-91.
LOCATION: 4502 West 42nd Street
3713 West 54th Street
3805 West 54th Street
5220 West 56th Street
4308 West 70th Street
501 Blake Road
COUNTY NO. TR-91
LEVY NO. 12276 (3 yr.)
12277 (6 yr.)
4928 Dale Drive
4312 Eton Place
4308 France Avenue
5504 France Avenue
4101 Morningside Road
4111 Morningside Road
TOTAL COST $7,962.25
ASSESSABLE UNITS: 12 ASSESSABLE LOTS,
PROPOSED ASSESSMENT: 4502 West 42nd Street
3713 West 54th Street
3805 West 54th Street
5220 West 56th Street
4308 West 70th Street
501 Blake Road
4928 Dale Drive
4312 Eton Place
4308 France Avenue
5504 France Avenue
4101 Morningside Road
4111 Morningside Road
ASSESSABLE COST:
COUNTY CHARGE: 9 parcels at 3 years = $0.15 per parcel
3 parcels at 6 years = $0.30 per parcel
$ 593.60
657.20
700.00
280.00
333.90
905.25
700.00
570.00
906.30
1,150.00
445.20
720.80
FIRST YEAR PAYABLE WITH TAXES DUE IN 1992.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46
$7,962.25
2.25
$7,964.50
II.K.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY N0. TT-91
LEVY N0. 12275
FOR: TREE TRIMMING TT-91.
LOCATION: An area bounded by Highway 100 on the West, West 54th Street on
the South, the Eastern City boundary line on the East and the
Northern City boundary line on the North.
CONTRACTED SERVICE: Tree trimmers contract and City Forester $75,266.97
Inspection and overhead 7,145.15
TOTAL CONSTRUCTION COST $82,412.12
ASSESSABLE TREES TRIMMED: 930 large trees
279 small trees
ITN total
COST PER DIAMETER INCH:
(diameter at breast hgt
4-1/2 ft up from ground)
COST BREAKDOWN:
$2.50/dbh for trees 12" and under in diameter.
2.95/dbh for trees over 12" in diameter.
DBH of small trees (12" and under in diameter): 2,056" $ 5,140.00
DBH of large trees (over 12" in diameter): 26,193.94" 77,272.12
TOTAL ASSESSABLE COST $82,412.12
ASSESSABLE COST:
COUNTY CHARGE: 715 parcels at $0.50 per parcel
TO BE ALLOCATED TP TAXES DIE AND PAYABLE IN 1992.
INTEREST CALCULATED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
$32,412.12
35.75
$82,412.12
II.K.
GRANT&PAWMBO
September 6, 1991
Mayor Fred Richards
City of Edina
4801 West 50th Street
Edina, MN 55424
RE: Appeal of Assessment for Tree Trimming...4624 Browndale Avenue
Dear Mr. Mayor:
Consider this my formal appeal of the assessment by the City of Edina for tree trimming
charges. I attended the meeting on October 1, 1990, to personally voice my concern
over the assessment. I was opposed to the assessment then and I am opposed to this
assessment now. I am opposed to any assessment by the City of Edina or any
government agency. My reasons for opposition are quite simple. The City of Edina
claims to operate against an annual budget. If that is the case, and the City finds itself
in a situation which presents an unanticipated expense, such as tree trimming, then it
must reduce expenses elsewhere in its operating budget to cover the unanticipated
expense.
The City of Edina must learn to operate the same as any other business. You must
develop a budget based on anticipated expenses for the upcoming fiscal period, including
reasonable contingency amounts for emergencies. Then it must stick to that budget. If
a corporation finds that its expenses exceed revenues it does not have the option of
"assessing" its customers...not if it wishes to keep them as customers. Individuals
operate their personal finances [or should] with an annual budget. If a resident of the City
of Edina finds their expenses to be greater than their income...who do they "assess"?
Certainly, the trees in Country Club need trimming. The streets need to be maintained.
The police need new equipment. But plan for it. Budget for it. Then operate within your
plan. You and the rest of the people that "run" City Hall must stop relying on the public
to continually be your"altemative financing" every time the City needs money it doesn't
have.
Furthermore, the work that was performed, was substandard. Shortly after the trimming
was completed on trees in our yard, several large limbs fell crashing to the ground.
There are several remaining limbs that need trimming that your contractor neglected to
deal with. All in all, the concept was poorly planned, and the execution of the plan fell
far short of expectations. No. I will not pay the amount in questionl
10 S. 5thSbret, Minneapoks, MN 55402 612-338-4080 FAX 612-338-8710
II.K.
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II.K.
4510 GOLF TERRACE
EDINA, MN. 55424
September 13, 1991
Edina City Council
City Hall
4801 West 50th Street
Edina, Minnesota 55424-1394
Gentlemen:
We received the City's assessment for trimming two trees on
our boulevard in the amount of $153.40. While we are in complete
agreement with the need to trim the trees and think the amount is
reasonable for the work done, we wish to appeal one-half of the
assessment. The half of the assessment we are appealing is for
the trimming the tree which was suffering from Dutch Elm disease
and was subsequently removed by the City.
At least nine months before the trimming, we requested an
inspection of the tree by the Forestry Department. Our privately
hired tree trimmer had advised us that the tree was dying. The
tree was inspected but the result was an inconclusive opinion. At
that time the leaves were very scarce at the top of the tree and
the trunk was obviously rotting. The fact that the tree was
removed would indicate that our original opinion was correct and
the tree should have been marked at that time.
In as much as we had tried to alert the City to the problem
and our observation proved correct, we believe that requiring us
to pay the $76.70 for trimming a dead tree is unreasonable. We
hope that the council will agree with our position and abate that
portion of the assessment.
Thank you for your consideration of our request.
Very truly yours,
homas and Jeanne Mueller
4510 Golf Terrace
Edina, MN. 55424
II.L.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY N0. HC-12
LEVY NO. 12278
FOR" HOUSE CONNECTION HC-12.
LOCATION: 6809 NORIANDALE ROAD.
CONTRACTED SERVICE: Hopkins Plumbing & Heating Company $3,710.00
TOTAL CONSTRUCTION COST $3,710.00
ASSESSABLE UNITS: 1 ASSESSABLE UNIT.
PROPOSED ASSESSMENT: $3,710.00
ASSESSABLE COST: $3,710.00
COUNTY CHARGE: 1 parcel at $0.30 per parcel
.30
$3,710.00
TO BE SPREAD OVER 6 YEARS - 1992 THROUGH 1997.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. TR-90
LEVY NO. 11893 (3 yr.)
11894 (5 yr.)
FOR: TREE REMOVAL PROJECT NO. TR-89.
LOCATION: 5920 Amy Drive
5820 Ashcroft Avenue
4602 Cacade Lane
5209 Halifax Avenue
5528 Halifax Lane
5330 France Avenue
5813 Olinger Blvd.
TOTAL COST $3,215.50
ASSESSABLE UNITS: 7 ASSESSABLE LOTS.
PROPOSED ASSESSMENT: 5920 Amy Drive $ 161.28
5820 Ashcroft Avenue 980.50
4602 Cacade Lane 269.94
5209 Halifax Avenue 580.00
5528 Halifax Lane 662.50
5330 France Avenue 400.00
5813 Olinger Blvd. 161.28
ASSESSABLE COST: $3,215.50
COUNTY CHARGE: 6 Units @ 3 Years = $0.90
1 Unit @ 5 Years = .25 1.15
$3 , 216.6 5
FIRST YEAR PAYABLE WITH TAXES DUE IN 1991.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.28767 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STREET GRADING IMPROVEMENT NO. C-146.
LOCATION: Centennial Lakes
CONTRACTOR: Ames Construction
Engineering and Testing Costs:
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
COUNTY NO. C-146
LEVY NO. 12279
$ 767,412.00
275,347.00
$1,042,759.00
15,348.00
$1,058,107.00
100.00
$1,058,207.00
CAPITALIZED INTEREST @ 9%
From: December 19, 1988
To: September 23, 1991
1008 days at $221.74 per day 223,514.00
$1,281,721.00
LESS REIMBURSEMENTS/SALE OF MATERIALS 304,870.00
TOTAL CONSTRUCTION COST $ 976,351.00
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.045648 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST: $ 976,851.00
COUNTY CHARGE: 5 parcels at $0.50 per parcel
2.50
$ 976,853.50
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. WM-367
LEVY NO. 12284
FOR: WATERMAIN IMPROVEMENT NO. W1-367
LOCATION: Centennial Lakes
CONTRACTOR: Lake Area Utility Contracting, Inc.
Engineering and Testing
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
From: May 15, 1989
To: September 23, 1991
861 days at $31.11 per day
$119, 703.00
25,581.00
$145,284.00
2,394.00
$147,678.00
100.00
$147,778.00
26,778.94
TOTAL CONSTRUCTION COST $174,556.94
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $.08157 PER ASSESSABLE SQUARE FOOT
ASSESSABLE COST:
COUNTY CHARGE: 5 parcels at $0.50 per parcel
$174,556.94
2.50
$174,559.44
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STORM SEWER IMPROVEMENT NO. STS-197.
LOCATION: Centennial Lakes
CONTRACTOR: Brown and Chris, Inc.
Engineering and Testing
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9%
From: September 18, 1989
To: September 23, 1991
735 days at $70.23 per day
COUNTY NO. STS-197
LEVY NO. 12282
$315,306.00
42,357.00
$357,663.00
6,306.00
$363,969.00
100.00
$3 64, 069.00
51,615.92
TOTAL CONSTRUCTION COST $415,683.92
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.194248 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST: $415,683.92
COUNTY CHARGE: 5 parcels at $0.50 per parcel 2.50
$415,686.42
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. SS-381
LEVY NO. 12283
FOR: SANITARY SEWER IMPROVEMENT NO. SS-381.
LOCATION: Centennial Lakes
CONTRACTOR: Lake Area Utility Contracting
Engineering and Testing Costs
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9%
From: May 15, 1989
To: September 23, 1991
861 days at $47.31 per day
$165,299.00
52,913.00
$218,212.00
3,306.00
$221,518.00
100.00
$221,618.00
40,73 0.00
TOTAL CONSTRUCTION COST $262,348.00
LESS STORM SEWER UTILITY REIMBURSEMENT - 150,000.00
TOTAL ASSESSABLE COST $112,348.00
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.0525 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST:
COUNTY CHARGE: 5 parcels at $0.50 per parcel
$112,348.00
2.50
$112,350.50
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STREET IMPROVEMENT NO. BA-289.
LOCATION: Centennial Lakes
CONTRACTOR: Progressive Contractors, Inc.
Engineering and Testing
Utility Relocation
COUNTY NO. BA-289
LEVY NO. 12287
$1,163,921.00
175,065.00
317,098.00
$1, 656 , 084.00
CLERICAL 2%: 23,278.00
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
From: September 18, 1989
To: September 23, 1991
735 days at $306.90 per day
TOTAL CONSTRUCTION COST
LESS STATE AID REINBURSEMENT:
TOTAL ASSESSABLE COST
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET
PROPOSED ASSESSMENT: $0.422918 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST:
COUNTY CHARGE: 5 parcels at $0.50 per parcel
$1,679,362.00
100.00
$1,679,462.00
225,5.68.72
$1,905,030.72
- 1,000,000.00
$ 905,030.72
$ 905,030.72
2.50
$ 905,033.22
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.A.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STREET IMPROVEMENT NO. BA-290.
LOCATION: Centennial Lakes
CONTRACTOR: Progressive Contractors, Inc,
Engineering and Testing
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
From: September 18, 1989
To: September 23, 1991
735 days at $273.97 per day
TOTAL CONSTRUCTION COST:
ASSESSABLE UNITS: 2,139,965 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.620937 PER ASSESSABLE SQUARE FOOT.
COUNTY NO. BA-290
LEVY N0. 12288
$ 976,594.00
131,192.00
$1 ,107,786.00
19, 532.00
$1,127,318.00
100.00
$1,127,418.00
201,365.43
$1,328,783.43
ASSESSABLE COST: $1,328,783.43
COUNTY CHARGE: 5 parcels at $0.50 per parcel
2.50
$1,328,785.93
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.B.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY N0. BA-280
LEVY NO. 12285
FOR: STREET IMPROVEMENT NO. BA-280.
LOCATION: France Avenue from West 70th Street to Minnesota Drive.
CONTRACTOR: Hennepin County/Mn Dept. of Transportation
Lindhoff
Legal Fees
PCI
$903,724.00
30.00
701.00
1,453.00
$905,908.00
CLERICAL 2%: 18,074.00
PUBLISHING AND SUPPLIES:
$923,982.00
100.00
$924,082.00
CAPITALIZED INTEREST AT 9%
From: November 5, 1990
To: September 23, 1991
321 days at $65.68 per day (assessable portion share) 21,148.00
TOTAL CONSTRUCTION COST $945,230.00
LESS: Streets Utility
Centennial Lakes portion
State Aid Payment
224,119.50
118,000.00
336,758.82
- 678,878.00
TOTAL ASSESSABLE COST $266,352.00
ASSESSABLE UNITS: *6,659.21 ASSESSABLE FEET.
ESTIMATED ASSESSMENT: $40.00 PER ASSESSABLE FOOT.
PROPOSED ASSESSMENT: $40.00 PER ASSESSABLE FOOT.
ASSESSABLE COST: $266,352.00
COUNTY CHARGE: . 27 parcels at $0.50 per parcel 13.50
$266,365.50
* Total includes .40 feet deleted.
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.C.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: STREET IMPROVEMENT NO. BA-286.
LOCATION: France Avenue from West 49-1/2
COUNTY NO. BA-286
LEVY N0. 12286
Street to North city limits.
CONTRACTOR: Hennepin County $ 64,720.00
Lindhoff 10.00
Morningside Landscape 1,740.00
Bjorks Country Stone 14,370.00
Aqua Engineering 430.00
Bachmans 150.00
Nordquist Sign 1,950.00
Midwest Landscraping 18.00
City of Minneapolis 57,842.00
CLERICAL 2%:
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9%
From: July 10, 1989
To: September 23, 1991
805 days at $23.21 per day (assessable portion share)
TOTAL CONSTRUCTION COST
LESS STATE AID PAYMENT
TOTAL ASSESSABLE COST
ESTIMATED ASSESSMENT:
PROPOSED ASSESSMENT:
$141, 230.00
1,294.00
$142,524.00
75.00
$142,599.00
$ 18,681.00
$161,280.00
- 67,443.00
$ 93,837.00
Single Family Units: $20.00/Ft. (2,33 6.81 ft,)
Multi -Family Units: $30.00/Ft. ( 440.90 ft.)
Commercial Units: $40.00/Ft. ( 821.85 ft.)
Single Family Units: $20.00/Ft.
Multi -Family Units: $30.00/Ft.
Commercial Units: $40.00/Ft.
(2) Single Family Units at $500.00 each unit.
ASSESSABLE COST:
COUNTY CHARGE: 64 parcels at $0.50 per parcel
$ 93,837.00
32.00
$ 93,869.00
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.D.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. BA-291
LEVY NO. 12289
FOR: STREET IMPROVEMENT NO. BA-291.
LOCATION: West 69th Street from France Avenue to Xerxes Avenue.
CONTRACTOR: Alber Construction $602,548.08
Braun Engineering 300.00
Strgar Roscoe Faush 9,099.75
NSP 3,170.00
$615,117.83
CLERICAL 2%: 12,050.96
$627,168.79
PUBLISHING AND SUPPLIES: 100.00
$627,268.79
CAPITALIZED INTEREST AT 9%
From: May 20, 1991
To: September 23, 1991
126 days at $46.40 per day (Assessable portion Share) 5,846.40
TOTAL CONSTRUCTION COST $633,115.19
LESS STATE AID PAYMENT: - 441,157.19
TOTAL ASSESSABLE COST $191,958.00
ASSESSABLE UNITS: 4,798,95 ASSESSABLE SQUARE FEET.
ESTIMATED ASSESSMENT: $40.00 PER ASSESSABLE7SQUARE FOOT
PROPOSED ASSESSMENT: $40.00 PER ASSESSABLE SQUARE FOOT.
(� (3 i, .z v ) .5
ASSESSABLE COST:
COUNTY CHARGE: 9 parcels at $0.50 per parcel
9'61 /I"
f fray� 1
c4(f0 (1%
$191,958.00
4.50
$191,962.50
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1/46 YEARS.
II.E.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY CO. BA-292
LEVY NO. 12290
FOR: STREET IMPROVEMENT NO. BA-292.
LOCATION: Lincoln Drive from South lot line of Lot 1, Block 1,
Interlachen Hills 3rd Addition to 413' South.
CONTRACTOR: Northwest Asphalt
NSP
ENGINEERING AND CLERICAL 10%:
$67,732.57
379.00
$68.111.57
6,773.26
$74,884.83
PUBLISHING AND SUPPL'` 75.00
CAPITALIZED INTEREST AT 9.0%
From: October 15, 1990
To: September 23, 1991
343 days at $18.48 per day
$74,959.83
$ 6,341.17
TOTAL CONSTRUCTION COST $81,301.00
ASSESSABLE UNITS: 1,012.34 ASSESSABLE FEET.
ESTIMATED ASSESSMENT: $81.01 PER ASSESSABLE FOOT.
PROPOSED ASSESSMENT: $80.31 PER ASSESSABLE FOOT.
ASSESSABLE COST: $81,301.00
COUNTY CHARGE: 4 parcels at $0.50 PER PARCEL 2.00
$81,303.00
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.E.
September 19, 1991
Ms. Marcella M. Daehn
City Clerk
CITY OF EDINA
City Hall
4801 West 50th Street
Edina, Minnesota 55424
Subject: Special Assessment, Street Improvement No. BA-292
Dear Ms. Daehn:
Please be advised that, pursuant to the procedures outlined in the Notice
of Public Hearing issued for the above -entitled special assessment, I
hereby object to the assessment against my property in the amount of
$29,665.51 (30-117-21-32-0006).
Very truly yours,
Wallace B. Kenneth
II.F.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: PARKING FACILITY IMPROVEMENT NO. P-4.
LOCATION: West 49-1/2 Street
CONTRACTOR: James Steele Construction
NSP
ENGINEERING AND CLERICAL
COUNTY NO. P-4
LEVY NO. 12280
885,925.00
1,200.00
887,125,00
110,000.00
997,125.00
PUBLISHING AND SUPPLIES: 100.00
CAPITALIZED INTEREST AT 9.0%
From: April 16, 1991
To: September 23, 1991
160 days at $245.89 per day
$ 997,225.00
39,342.51
$1,036,567.51
LESS 80% TAX INCREMENT REIMBURSEMENT - 829,254.00
TOTAL CONSTRUCTION COST $ 207,313.51
ASSESSABLE UNITS: 319,869 ASSESSABLE SQUARE FEET.
PROPOSED ASSESSMENT: $0.64812 PER ASSESSABLE SQUARE FOOT.
ASSESSABLE COST: $ 207,313.51
COUNTY CHARGE: 29 parcels at $0.50 per parcel 14.50
$ 207,3 28.01`
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
II.G.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. E-32
LEVY NO. 12281
FOR: ALLEY IMPROVEMENT NO. E-32.
LOCATION: Alley between Oxford Avenue and Bedford Avenue South of 51st Street.
CONTRACTOR: DMJ CORPORATION $ 6,784.00
ENGINEERING AND CLERICAL 14%: 949.00
$ 7,733.00
PUBLISHING AND SUPPLIES:
25.00
$ 7,758.00
CAPITALIZED INTEREST AT 9.0%
FROM: November 19, 1990
TO: September 23, 1991
308 days at $1.91 per day 590,62
TOTAL CONSTRUCTION COST- $ 8,348.62
ASSESSABLE UNITS: 14 ASSESSABLE LOTS.
ESTIMATED ASSESSMENT: $712.10 PER ASSESSABLE LOT
PROPOSED ASSESSMENT: $596.33 PER ASSESSABLE LOT
ASSESSABLE COST:
COUNTY CHARGE: 14 parcels at $0.50 per parcel
$ 8,348.62
7.00
$ 8,355.62
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
L Fete(' se (&
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II.H.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. M-91
LEVY NO. 12271
FOR: MAINTENANCE IMPROVEMENT NO. M-91.
LOCATION: 50th and France Business District.
CONTRACTOR: City of Edina $38,235.56
Payroll - Lancello
Public Works Crew
and temporary
Contracted Service
and repairs
General Supplies
Repair Parts
PUBLISHING AND SUPPLIES:
TOTAL CONSTRUCTION COST
$29,116.75
3,611.81
277.26
1,905.46
3,324.28
ASSESSABLE UNITS: 322,269 ASSESSABLE FEET.
PROPOSED ASSESSMENT: $0.1188 PER ASSESSABLE FOOT.
50.00
$38,285.56
ASSESSABLE COST: $38,285.56
COUNTY CHARGE: 29 parcels at $0.05 per parcel 1.45
$38,287.01
TO BE ALLOCATED TO TAXES DUE AND PAYABLE IN 1992.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
FOR: AQUATIC WEED IMPROVEMENT NO, AQ-91,
LOCATION: INDIANHEAD LAKE
CONTRACTORS: Midwest Aqua Care
Instrumental Research
Clean Flo Laboratories
State of Minnesota - Permit
ASSESSABLE UNITS: 33 Homes
PROPOSED ASSESSMENT: $197.09 per home.
LOCATION: MILL POND 1
CONTRACTORS: Midwest Aqua Care
State of Minnesota - Perm'
Less: City Share
ASSESSABLE UNITS: 63 Homes
PROPOSED ASSESSMENT( $87.79 per home.
ASSESSABLE COST:
COUNTY CHARGE: 96 parcels at $0.05 per parcel
COUNTY NO. AQ-91
LEVY NO. 12274
$4,179.00
589.53
1,535.40
200.00
$6,503.93—
$6,979.00
52.00
T7,031.00
- 1,500.00
$5,531.00
$12,034.93 _
4.80
$12,039.73
TO BE ALLOCATED TO TAXES DUE AND PAYABLE IN 1992.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPLE x 1.46 YEARS.
II.J.
CITY OF EDINA
ANALYSID OF ASSESSMENT
FOR: TREE REMOVAL PROJECT NO. TR-91.
LOCATION: 4502 West 42nd Street
3713 West 54th Street
3805 West 54th Street
5220 West 56th Street
4308 West 70th Street
501 Blake Road
COUNTY NO. ‘9;---
LEVY NO. /12276 (3 yr.)
12277 (6 yr.)
4928 Dale Drive
4312 Eton Place
4308 France Avenue
5504 France Avenue
4101 Morningside Road
4111 Morningside Road
TOTAL COST $7,962.25
ASSESSABLE UNITS: 12 ASSESSABLE LOTS.
PROPOSED ASSESSMENT: 4502
3713
3805
5220
4308
501
4928
4312
4308
5504
4101
4111
ASSESSABLE COST:
West 42nd Street $ 593.60
West 54th Street 657.20
West 54th Street 700.00
West 56th Street 280.00
West 70th Street 333.90
Blake Road 905.25
Dale Drive 700.00
Eton Place 570.00
France Avenue 906.30
France Avenue 1,150.00
Morningside Road 445.20
Morningside Road 720.80
COUNTY CHARGE: 9 parcels at 3 years = $0.15 per parcel
3 parcels at 6 years = $0.30 per parcel
FIRST YEAR PAYABLE WITH TAXES DUE IN 1992.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46
$7,962.25
2.25
$7,964.50
II.K.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. TT-91
LEVY NO. 12275
FOR: TREE TRIMMING TT-91.
LOCATION: An area bounded by Highway 100 on the West, West 54th Street on
the South, the Eastern City boundary line on the East and the
Northern City boundary line on the North.
CONTRACTED SERVICE: Tree trimmers contract and City Forester $75,266.97
Inspection and overhead 7,145.15
TOTAL CONSTRUCTION COST $82,412.12
ASSESSABLE TREES TRIMMED:
930 large trees
279 small trees
1 09 total
COST PER DIAMETER INCH: $2.50/dbh for trees 12" and under in diameter.
(diameter at breast hgt 2.95/dbh for trees over 12" in diameter.
4-1/2 ft up from ground)
COST BREAKDOWN:
DBH of small trees (12" and under in diameter): 2,056" $ 5,140.00
DBH of large trees (over 12" in diameter): 26,193.94" 77,272.12
TOTAL ASSESSABLE COST $82,412.12
ASSESSABLE COST:
COUNTY CHARGE: 715 parcels at $0.50 per parcel
TO BE ALLOCATED TP TAXES DIE AND PAYABLE IN 1992.
INTEREST CALCULATED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
$32,412.12
35.75
$82,412.12
II.K.
GRANT& PAWMBO
September 6, 1991
Mayor Fred Richards
City of Edina
4801 West 50th Street
Edina, MN 55424
RE: Appeal of Assessment for Tree Trimming...4624 Browndale Avenue
Dear Mr. Mayor:
Consider this my formal appeal of the assessment by the City of Edina for tree trimming
charges. I attended the meeting on October 1, 1990, to personally voice my concern
over the assessment. I was opposed to the assessment then and I am opposed to this
assessment now. I am opposed to any assessment by the City of Edina or any
government agency. My reasons for opposition are quite simple. The City of Edina
claims to operate against an annual budget. If that is the case, and the City finds itself
in a situation which presents an unanticipated expense, such as tree trimming, then it
must reduce expenses elsewhere in its operating budget to cover the unanticipated
expense.
The City of Edina must learn to operate the same as any other business. You must
develop a budget based on anticipated expenses for the upcoming fiscal period, including
reasonable contingency amounts for emergencies. Then it must stick to that budget. If
a corporation finds that its expenses exceed revenues it does not have the option of
"assessing" its customers...not if it wishes to keep them as customers. Individuals
operate their personal finances [or should] with an annual budget. If a resident of the City
of Edina finds their expenses to be greater than their income...who do they "assess"?
Certainly, the trees in Country Club need trimming. The streets need to be maintained.
The police need new equipment. But plan for it. Budget for it. Then operate within your
plan. You and the rest of the people that "run" City Hall must stop relying on the public
to continually be your"altemative financing" every time the City needs money it doesn't
have.
Furthermore, the work that was performed, was substandard. Shortly after the trimming
was completed on trees in our yard, several large limbs fell crashing to the ground.
There are several remaining limbs that need trimming that your contractor neglected to
deal with. All in all, the concept was poorly planned, and the execution of the plan fell
far short of expectations. No. I will not pay the amount in question!
10'£ 5thSd,x, Minneapo4 MN 55402 612-338-4080 FAX 612-338-8710
II.K.
FROM THE DESK OF
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II.K.
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II.K.
4510 GOLF TERRACE
EDINA, MN. 55424
September 13, 1991
Edina City Council
City Hall
4801 West 50th Street
Edina, Minnesota 55424-1394
Gentlemen:
We received the City's assessment for trimming two trees on
our boulevard in the amount of $153.40. While we are in complete
agreement with the need to trim the trees and think the amount is
reasonable for the work done, we wish to appeal one-half of the
assessment. The half of the assessment we are appealing is for
the trimming the tree which was suffering from Dutch Elm disease
and was subsequently removed by the City.
At least nine months before the trimming, we requested an
inspection of the tree by the Forestry Department. Our privately
hired tree trimmer had advised us that the tree was dying. The
tree was inspected but the result was an inconclusive opinion. At
that time the leaves were very scarce at the top of the tree and
the trunk was obviously rotting. The fact that the tree was
removed would indicate that our original opinion was correct and
the tree should have been marked at that time.
In as much as we had tried to alert the City to the problem
and our observation proved correct, we believe that requiring us
to pay the $76.70 for trimming a dead tree is unreasonable. We
hope that the council will agree with our position and abate that
portion of the assessment.
Thank you for your consideration of our request.
Very truly yours,
homas and Jeanne Mueller
4510 Golf Terrace
Edina, MN. 55424
II.L.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. HC-12
LEVY N0. 12278
FOR" HOUSE CONNECTION HC-12.
LOCATION: 6809 NORMANDALE ROAD.
CONTRACTED SERVICE: Hopkins Plumbing & Heating Company $3,710.00
TOTAL CONSTRUCTION COST $3,710.00
ASSESSABLE UNITS: 1 ASSESSABLE UNIT.
PROPOSED ASSESSMENT: $3,710.00
ASSESSABLE COST: $3,710.00
COUNTY CHARGE: 1 parcel at $0.30 per parcel
.30
$3,710.00
TO BE SPREAD OVER 6 YEARS - 1992 THROUGH 1997.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
REPORT/RECOMMENDATION
To: Mayor Richards and City Counci
From: Bob Ko j etin
Date: September 19, 1991
Subject: Tree Trimming Assessment
for NE section of Edina.
(TT-91)
Agenda Item # I I . K .
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Approve of tree trimming assessment.
Info/Background: attached is the following information:
1. lap of District
Assessment Area Statistics
3. Residents' Response
Le-"
oF
11)11EDINA
4801 WEST 50TH STREET. EDINA. MINNESOTA 55424
612-927-8861
September 17, 1990
Dear Resident:
In 1990-91, the City is proposing to contract for the trimming of approximately
2100 boulevard trees in the northeast section of Edina: an area bounded by
Highway 100 on the West, 54th Street on the South, the Eastern City boundary
line on the East and the City boundary line on the North.
The City will be conducting a public hearing under the authority granted by
Minnesota Statutes, Chapter 429 to determine the necessity of a tree trimming
project:
Monday, October 1, 1990
7:00 p.m.
Edina City Hall Council Chambers
4801 West 50th Street
This hearing will also determine the feasibility of a per property assessment
verses a per tree assessment. The estimated cost of the project is $230,000
which is $126/property or $110/tree trimmed. (Evergreen trees will not be part
of the City trimming project).
If approved, the project would be funded by special assessment. The trimming
would start this fall, 1990. Assessments would be levied in the fall of 1991
and payable in full in 1992.
Please forward your comments or suggestions to the Park and Recreation
Department, Edina City Hall, 4801 West 50th Street, Edina, MN 55424, 927-8861,
ext. 230 prior to the hearing or be present at the hearing.
Sincerely,
j/
✓I
Bob Kojetin, Director
Edina Park and Recreation Department
BK/ss
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Edina City Council will meet at:
Edina City Hall
4801 West 50th Street, Edina, Minnesota
September 23, 1991
7:00 p.m.
City of Edina
The Edina City Council will hear, consider and pass upon all objections, both
oral and written, to a proposed special assessment for the following:
TREE TRIMMING NO. TT-90
BACKGROUND
On October 1, 1990, the Edina City Council conducted a public hearing concerning
a boulevard tree trimming project for that part of Edina bounded by Highway 100
on the west, 54th Street on the South, the Eastern City boundary line on the
East and the City boundary line on the North. Following this public hearing,
the City Council authorized this project with the understanding that each
property owner would pay the costs for trimming the trees on that part of the
boulevard adjoining his or her property. The cost for this work was estimated
at $2.50 per diameter inch for trees 12 inches and under in diameter and $2.95
per diameter inch for trees over 12 inches in diameter.
The contracted tree trimmers hired by the City completed the trimming project
during the fall and winter of 1990 and 1991. The actual cost for the project
was $82,412.12. Which breaks down to $2.50 per diameter inch for trees 12
inches and under in diameter and $2.95 per diameter inch for trees over 12
inches per diameter.
APPEAL
Anv owner may appeal the assessment to the District Court pursuant to Minnesota
Statutes 429.081, by serving notice of the appeal upon the Mayor or Clerk of the
City of Edina within thirty (30) days after adoption of the assessment by the
City Council, and by filing such notice with the District Court within ten (10)
days after service upon the Mayor or Clerk. However, no appeal may be taken as
to an assessment unless a written objection signed by the affected property
owner is filed with the Clerk of the City of Edina prior to the hearing or
presented to the presiding officer at the hearing.
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424-1394
(612) 927-8861
FAX (612) 927-7645
TDD (612) 927-5461
PAYMENT
Our records show that the following trees were trimmed on the boulevard
adjoining your property:
trees under 12 inches in diameter, totalling diameter inches
trees over 12 inches in diameter, totalling diameter inches
Based on the above rates, the total cost for your property is
Following the assessment hearing, the owner of any property assessed mav pay the
whole of the assessment, without interest, to the City Treasurer, on or before
November 29, 1991. If not prepaid by that date, the proposed assessment will be
payable together with real estate taxes in 1992, with interest on the entire
assessment at the rate of 9% per annum from September 23, 1991 to December 31,
1992. Partial prepayment of assessments have not been authorized by ordinance.
NO FURTHER STATEMENT WILL BE ISSUED.
If you have questions on the billing for tree trimming,• please call the Park and
Recreation Department, Forestry Division at, 927-8861, ext. 237.
DEFERRAL ON HOMESTEADS OWNED BY PERSONS 65 YEARS OF AGE OR OLDER
Pursuant to Minnesota Statues, the City of Edina has adopted standards and
guidelines for deferring special assessments against homestead property owned by
persons 65 years of age or older for whom payment would be a hardship. To
obtain deferment, application must be filed with the Assessor's office by the
close of business on Friday, September 20th, 1991, before the City Council
meeting on Monday, September 23, 1991. For further information and application
forms, please call or visit the Assessor's office.
BY ORDER OF THE EDINA CITY COUNCIL.
September 6, 1991
Marcella M. Daehn
City Clerk
Detach here and return in enclosed envelope by November 29, 1991
(Be sure return address shows in window)
Total number of diameter inches (dbh) trimmed per category:
12" and under x $2.50/dbh =
Over 12" x $2.95/dbh =
Please pay TOTAL
Please make check payable to: City of Edina
City of Edina
Forestry Dept.
4801 West 50th Street
Edina, MN 55424
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1 7-
EDINA PARK AND RECREATION DEPARTMENT
FORESTRY
1990-91
COST ANALYSIS FOR TREE TRIMMING PROJECT
ESTIMATED ACTUAL
2,251 Trees
1,209 Trees Trimmed
930 Large trees
279 Small trees
1,842 Properties Notified 571 Properties Billed
$90,960.23 Trimming Cost
9,000.00 Inspection & overhead
$99,960.23 Total Cost of Project
Cost of tree per diameter inch:
$2.50 for trees 12" and under
$2.95 for tree over 12"
$75,266.97 Trimming Cost
7,145.18 Inspection & overhead
$82,412.12 Total Cost of Project
Cost of tree per diameter inch:
$2.50 for trees 12" and under
$2.95 for tree over 12"
Total Diameter at Breast Height
(diameter measured 4 1/2 feet
up from the ground) Trimmed: 28,249.94
over 12" DBH: 26,193.94
12" & under DBH: 2,056
26,193.94" x $2.95 = $77,272.12
2,056" x $2.50 = $ 5,140.00
$82,412.12
1990-91 TREE TRIMMING ASSESSME(
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Small tree not trimmed. Remove from billing
Tree not trimmed
4225 Alden Drive
Marjorie Novak
No small tree
4504 Moorland Ave.
James Johnson
Only 5 trees present
5 trees not 6
4901 Bruce Ave.
John Benson
found nothing trimmed. Remove from billing
nothing trimmed
5028 Halifax Ave.
Steve Subak
found tree to be neighbors
not his tree
5116 Indianola
John Reichert
d
W
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tree gone.
tree removed.
4625 Browndale
tree not trimmed
4506 Edina Blvd.
John Diracles
Letter. tree removed
0
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4624 Browndale
John Palombo
trees were trimmed.
Letter. protest assess.
4508 Moorland Ave.
Joseph Bixler
Remove bill
O
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a
Letter. Poor job
4617 Browndale
Found adequate trimming job. Bill stands.
Tree not trimmed.
4703 Sunnyside Rd.
Total number
12" and under
Over 12"
Please
of diameter inches (dbh)
x $2.50/dbh
x $2.95/dbh
Please pay TOTAL
AcrAi\c(0_14,e_vy,
(ceto-ecL c)afr i
trimmed per category:
n
's 5 _.. (
make check.pavable co: City of Edina
City of Edina
Forestry Dept.
4801 West 50th Street
Edina, MN 55424
PfeeLs e. Y1o1e 0rti `''ie-ht
h r2ve.rse 5fd e.
L
18-028-24-43-0018
ROBERT FUEGNER
JANE W. FUEGNER
5225 KELLOGG AVE
EDINA MN 55424
presented to the presiding orricer at the hearing.
a;e iJtc tit
42A.
over
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424-1394
(612) 927-8861
FAX (612) 927-7645
TDD (612) 927-5461
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 1, 1990
203
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice and Mayor Richards.
CONSENT AGENDA ITEMS ADOPTED Motion vas made by Member Kelly and vas seconded by
Member Rice to approve and adopt the consent agenda items as presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*MINUTES OF REGULAR MEETING OF AUGUST 20. 1990 APPROVED Motion was made by Member
Kelly and was seconded by Member Rice to approve the minutes of the regular
meeting of August 20, 1990.
Motion carried on rollcall vote, four ayes.
PUBLIC HEARING CONCLUDED ON SPECIAL ASSESSMENT FOR TREE REMOVAL PROJECT NO. TR-89
AT 5528 HALIFAX AV: LEVY DEFERRED UNTIL 1991 SPECIAL ASSESSMENT HEARINGS
Manager Rosland recalled that the special assessment for Tree Removal Project
No. TR-89 at 5528 Halifax Avenue (Levy No. 11894) had been continued from the
September 17, 1990 meeting so that the contractor could be contacted regarding the
allegation that the tree removal had caused damage to the property owner's yard.
Because the contractor and property owner have refused to meet in an attempt to
negotiate the issue, staff would recommend that Council action on the special
assessment levy be deferred until the 1991 special assessment hearings so that the
issue can be resolved.
Member Paulus made a motion to defer action on the special assessment levy for
Tree Removal Project No. TR-89 at 5528 Halifax Avenue (Levy No. 11894) until the
1991 special assessment hearings. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
(Member Smith entered the meeting at 7:10 p.m. during presentation of the
following proposed Tree Trimming Project No. TT-90.)
PUBLIC HEARING CONDUCTED ON PROPOSED TREE TRIMMING PROJECT NO. TT-90: PROJECT
ORDERED Affidavits of Notice were presented, approved and ordered placed on file.
Park and Recreation Director Kojetin stated that the Tree Trimming Project No.
TT-90 is proposed for an area bounded by Highway 100 on the west, 54th Street on
the south, the eastern City boundary line on the east and the northern City
boundary line on the north. The project would consist of trimming of boulevard
trees and the total cost of the proposed project is estimated at $99,960.23, based
on tree diameter at chest level (i.e. 4 1/2 feet). If the Council wishes to
proceed, the project should be ordered at the conclusion of the hearing and bid as
awarded. The special assessment hearing would be held in the fall of 1991.
Director Kojetin explained that in 1984 the City initiated a city-wide tree
trimming program with the intent to trim all boulevard trees within six to seven
years. Since 1984 all boulevard trees in the four quadrants of the City have been
trimmed and this would begin the second round of tree trimming in Edina. Trees
within 15 feet from the curb or asphalt or 30 feet from the street centerline are
included. The trees are trimmed so as to maintain a height of 15 feet from the
street to the lower branches to provide clearance for vehicular traffic. The
trimming also includes minimum shaping, thinning, removal of suckers and dead
wood. Statistics indicate that there are 2,251 trees within the proposed trimming
area. Notices of the public hearing were mailed to 1,842 property owners of which ,
1,188 properties have at least one tree; 654 properties are without trees.
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
MAYOR AND COUNCIL
BOB KOJETIN, DIRECTOR OF
PARKS & RECREATION
SEPTEMBER 19, 1991
ASSESSMENT FOR TREE
REMOVAL TR-90 - 5528
HALIFAX AVENUE
Agenda Item # II.M
Consent X
Information Only
Mgr . Recommends
Action
To HRA
To Council
X Motion
7-7 Resolution
in Ordinance
Discussion
Recommendation:
Council action to cancel the pending assessment against the property at
5528 Halifax Avenue for tree removal.
Info/Background:
At the conclusion of the 1990 special assessment hearing on Tree Removal
Project No. TR-90, the Council deferred action on the special assessment against
the property at 5528 Halifax Avenue (Levy No. 11894). Copy of Council Minutes
is attached.
Staff has negotiated with Christian Brothers Tree Service for payment of the
cost of the tree removal work done in 1990 at 5528 Halifax Avenue and would
recommend that the pending assessment be cancelled.
(over)
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
Mayor & City Council
Francis Hoffmarc!7
City Engineer `
23 September, 1991
Public Hearing BA-296
Malibu Drive from
Lincoln Drive to 707'
Southeast. Concrete
Curb and Gutter and
Bituminous Paving
Agenda Item # 111•A•
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Approve project BA-296. Authorize plan and specifications for bids.
Info/Background:
The City of Edina received a petition for curb, gutter and bituminous surfacing
for Malibu Drive adjacent to the Landmark Addition and Van Valkenberg Park
(see attached sketch). This project approval will allow for the start of home
construction on the recently rezoned R-2 to R-1 property on Landmark Addition.
The public hearing notice and petition is attached. The project is feasible
and staff would recommend the project for approval.
PROPOSED PAVING PROJECT BA-296
L.?3. 59
e•7'53'29'
q•i72
.e•
61
3 \
405.77
;x ;e7•5l' l6'.
21. 12 4d " I 16'E
5101
KEY
PROPOSED CURB, GUTTER &
DODD
BITUMINOUS PAVING AREA
(17)
01 E
(10)
29'
rt
r
I
NOTICE OF PUBLIC HEARING
PAVING
IMPROVEMENT NO. BA-296
MALIBU DRIVE - LINCOLN DRIVE TO 707' S.E.
City of Edina
The Edina City Council will meet at the Edina City Hall, on Monday,
September 23, 1991 at 7:00 P.M., to hold a Public Hearing on the paving of
Malibu Drive from Lincoln Drive to 707' southeast. This hearing is being
conducted under the authority granted by Minnesota Statutes, Chapter 429.
This hearing has been called as a result of a petition from residents in the
area requesting this paving. The estimated construction cost of the project
is $52,553.79. The cost of the project will be funded by special
assessment. The estimated cost per assessable foot is $45.64. The proposed
assessment would be divided over a ten year period with interest
accumulating on the unpaid balance.
The area proposed to be assessed the cost of the proposed improvements
includes:
Lots 1, 4 and 5, Block 1, Landmark Addition and Outlot E, Parkwood Knolls
20th Addition.
The proposed project would be constructed in late 1991 or early 1992.
Your receipt of this notice is an indication that property whose ownership
is listed to you is among those properties which are considered to be bene-
fited by the improvement.
Any inquiries, comments and/or suggestions you may have regarding this im-
provement may be forwarded to the City Council or Engineering Department
prior to the hearing or presented at the hearing itself. If you desire ad-
ditional information, please call me at 927-8861 between 8:00 A.M. and 4:30
P.M., Monday through Friday.
The City Council can authorize the proposed project immediately upon the
close of the hearing.
Thank you.
Francis J. Hfmar% p.E.
Director of Public Works
and City Engineer
FJH/clf
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424-1394
(612) 927-8861
FAX (612) 927-7645
TDD (612) 927-5461
City of Edina, Minnesota
CITY COUNCIL
4801 West 50th Street • Edina, Minnesota 55424 • (612) 927-8861
DATE:
❑ SIDEWALK ❑ ALLEY PAVING ❑ WATERMAIN
❑ STORM SEWER ❑ SANITARY SEWER El STREET LIGHTING
El CURB AND GUTTER ONLY ® PERMANENT STREET ❑ OTHER:
SURFACING WITH
CURB AND GUTTER
To the Mayor and City Council:
The persons who have signed this petition ask the City Council to consider the improvements listed above
to the locations listed below.
/%L/BG/
LOCATION OF IMPROVEMENT BY STREET NAME
LOCATION OF IMPROVEMENT BY STREET NAME
LOCATION OF IMPROVEMENT BY STREET NAME
LOCATION OF IMPROVEMENT BY STREET NAME
between
between
between
between
44901 /O //AL/and '974" tc A-1.QCloL/
ADDRESS ADDRESS
and
ADDRESS
ADDRESS
ADDRESS
and
and
ADDRESS
ADDRESS
ADDRESS
IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT
THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE
PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN AMOUNTS DETERMINED BY THE
COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES.
PROPERTY OWNE S—
OWNER'S NAME
(PRINTED)
r cE .s PRa,ockor r
PROPERTY ADDRESS
OWNER'S
PHONE
L;3,y5 33p3�3c�
ZP, - /, of
This petition was circulated by:
'72,7 fite7- 2JYrdeG --ro
4'Ah•e/ f *t h- ADDRESS ate MN 6 'c PHONE
There is space for more signatures on the back or you may attach extra pages.
SEPTEMBER 1990
IFirst Bank
p LaCrosse
First Bank (NA) - La Crosse Division
100 First Bank Place
La Crosse, Wisconsin 54602-0309
608 782-8100
September 20, 1991
Francis J. Hoffman
Director of Public Works and City Engineer
City Hall
4801 West 50th Street
Edina MN 55424-1394
RE: Public Hearing #BA-296 to be held
September 23, 1991.
Agenda Item III.A.
Rec'd. 9/23/91
Dear Mr. Hoffman:
I am in receipt of your Notice of Public Hearing for the proposed paving
improvements to Lots 1, 4 and 5, Block 1 Landmark Addition, and 0utlot E,
Parkwood Knolls 20th Addition. Please be advised First Bank (N.A.)
LaCrosse holds a vested interest in Lot 1 of the above described real
estate by virtue of a foreclosure proceeding and subsequent sheriff's sale
in September of 1990. Furthermore, it is not the intent of the bank to
object to the improvements being contemplated.
I would however, bring to your attention, the fact that Lot 1 is an
unusually shaped lot and presently represents some 322 lineal feet, of
which would represent a disproportionate amount of assessment on Lot 1
relative to the other lots being assessed. I would request your
consideration of assessments to the land owner, consider the irregularity
of Lot 1 and that you pursue a more equitable distribution of costs.
Thank you for your consideration. If any questions do arise feel free to
contact me.
Sincerely,
radley ,J to
Vice Pre ident
BJS:cd
Member First Bank System
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
Mayor & City Council
Francis Hoffman
City Engineer
23 September, 1991
Continuation of BA-294
Hearing Discussion:
Curb & Gutter/Surfacing
West Shore/Wooddale and
Andover Rd.
Agenda Item # III • B•
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Review information submitted on the bids taken for this project and if deemed
appropriate approve project for construction.
Info/Background
This project was sent to bid and the results are slightly lower than the
estimate. The attached letter was sent to all residents involved in the
project area. Also, the sketch showing the neighborhood petitions is
attached. The earlier petitions indicate no support exists on West Shore
from Belvidere to the two homes just north of Dunham Drive. In the other
areas, the issue is split approximately 50-50. As a matter of information,
the contractor's prices are very competitive and we would not likely see
lower numbers. Staff believes the project is consistent with good overall
public works policy.
BA-294 - STREET SURFACING WITH
CONCRETE CURB & GUTTER
ARNESON
T" ACRES. ;
PARK
4°Z-314 L A.
❑
0
0
0 • BELVIDERE LA
IIIUIP
C4R
ig
❑ ❑
ao
0.
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KEY
Signed Original Petition for Improvement ❑ ❑ ❑
Signed Petition Opposing Improvement 000
.
RD 1. •
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•
.
.
CORNELIA
: ELEM. SCH.6 ,
PARK
City of Edina
September 17, 1991
RE: Improvement No. BA-294
Curb & Gutter with Street Overlay
Wooddale Ave. from W. 70th Street to Belvidere Ln.
West Shore Dr. from W. 70th St. to Dunham Ln.
Andover Rd. from Wooddale Ave. to West Shore Dr.
Dear Resident:
The City Council on Monday, June 17, 1991, directed City staff to seek bids
on the above project. The purpose of the bid was to determine if the
estimated cost of $25.01 per assessable foot was a high or low estimate on
the overall project.
The City has opened and evaluated the bids. Although the project is not
done, we can fairly accurately predict that the assessment would be slightly
less than the $25.01 per assessable foot. Small changes always occur in the
field during construction which affect final cost. Our current estimate of
cost with bids taken is $24.13 per assessable foot.
THE CITY COUNCIL WILL REVIEW THESE COSTS ON MONDAY, SEPTEMBER 23, 1991, IN
THE CITY COUNCIL CHAMBERS AT 7:00 P.M.
This letter is sent to advise you of the meeting and that the costs for the
project have not changed significantly.
Should you have any questions please contact me at 927-8861 between 8:00 A.M.
and 4:30 P.M., Monday through Friday.
Sincerely,
i
Francis J. Hoffman, P.E.
Director of Public Works
and City Engineer
FJH/clf
City Hall (612) 927-8861
FAX (612) 927-7645
TDD (612) 927-5461
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424-1394
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AGENDA ITEM III .B
HAROLD SAES
4701 WEST 70TH LT-
EDIN.A. MN. 6.5435
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Received 9/23/91 AM .%'
Russell F. and Kathleen A. Nelson
7117 West Shore Drive
Edina, Minnesota 55435
(612) 922-9265
September 23, 1991
City of Edina
4801 West 50th Street
Edina, MN 55424-1394
RE: Improvement No. BA-294
Dear Sir or Madam:
I recently received a letter dated September 17, 1991
from the Director of Public Works concerning the proposed Curb
and Gutter project. I am against proceeding with this project as
it appears unnecessary.
For over thirty years the current streets in the
project area have done their job quite adequately. I have not
seen in writing from the city or any of the residents advocating
this project the reasons for the project. I attended a prior
city council meeting and I heard some intriguing and ingenious
ideas for the project, but only one idea had significant merit.
That idea was to redo one intersection to attempt to eliminate a
puddle that occurs for a few weeks during the winter. This is a
small reason to spend over $150,000.
There also is a lack of written communication
concerning the total ramifications of the project. Some areas of
concern are as follows:
- Who will pay for the moving of sprinkler systems?
- What will be the elevation of the curb relative to each
driveway? My home has a minimal driveway slope to the
street. How will the elevation of the curb effect my
drainage?
- Who will pay for the connection of each driveway to the
curb?
- I understand there will be an overlay of asphalt on the
existing street. Will the existing sewer tops and
water shut off plates be raised? If they are not
City of Edina
-2- September 23, 1991
raised, will there be built in pot -holes in the new
street surface?
- Will the crown of the street be too high relative to
the existing driveways?
- I understand that it is the local real estate custom to
require special assessments be paid off at the time of
the sale of a house. This has not been communicated.
- Current federal tax law does not allow the deduction of
personal interest and property assessments of this
nature. Most homeowners I am sure are unaware of this.
- In a conversation today with Francis Hoffman, Director
of Public Works, he indicated there is no reason to do
this project due to soil conditions and resulting
street deterioration. The soil in the project area is
sandy and has good drainage. There has been no street
deterioration due to soft soil from poor drainage.
I have heard no compelling reason to proceed with this
project. I understand that a majority of homeowners are against
the project. In a democratic society we know that "majority
rules". This would lead to the conclusion that this project
should be stopped. I would be very disappointed if a few vocal
proponents (who appear to be in the minority) could cause this
project to proceed.
I am not a student of the law, but I have to believe
that if the council decides to approve this project in view of
the majority of the homeowners being against the project, the
council and the city could face legal proceedings. If the
council wishes to proceed, these steps should be followed:
1. Inform the homeowners in writing of all the factors
about and details of the project.
2. Have the homeowners who want the improvements respond
in writing stating their desire to proceed.
3. Proceed with the project only if a majority of all the
homeowners effected have responded in the affirmative.
City of Edina
-3- September 23, 1991
Please consider my comments and decide with the
majority of the homeowners to kill the project.
Very truly yours,
Russell F. Nelson
REPORT/RECOMMENDATION
T o: MAYOR AND COUNCIL
From: BOB KOJETIN, DIRECTOR OF
PARKS & RECREATION
Date: SEPTEMBER 20, 1991
Subject: NORMANDALE GOLF COURSE
Agenda Item # IV • B
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Info/Background:
Attached are the Edina Park Board Minutes of September 10, 1991, which indicate
the general discussion on the Normandale Golf Course and the position of the
individual members.
The Board's recommendation to the Council is as follows:
1. Acquire the 22 acres as public land and develop it as a golf course.
2. Have staff or the architect evaluate the $700,000 construction cost for
the golf course to determine if it could be done for less.
3. If Lake Edina Park is used as part of the total golf course expansion:
a Eliminate the softball fields but provide funding for a replacement
field within the park system.
b. Playground facility be incorporated as recommended by the plan but
provide funding.
c. Eliminate tennis courts but provide area for future possible development.
EDINA PARK BOARD
7:30 p.m.
September 10, 1991
MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
Bob Christianson, Beth Hall, Pat Vagnoni, Mac Thayer,
James Fee, Chip Sour, Bill Jenkins, Andy Montgomery
Jean Rydell, Paul O'Connor
Bill Lord
Bob Kojetin, John Keprios, John Valliere, Janet Canton
Jenny Black, Roger Harold
I APPROVAL OF THE AUGUST 13, 1991 MINUTES
Jean Rydell MOVED TO APPROVE THE AUGUST 13, 1991 MINUTES. Mac Thayer
SECONDED THE MOTION. MINUTES APPROVED.
II. NORMANDALE GOLF COURSE
Mr. Christianson stated that at last month's Park Board meeting Ken Rosland
gave a presentation to the Park Board regarding Normandale Golf Course.
Mr. Rosland was going to be giving the same presentation to the surrounding
neighborhood and to the Planning Commission. Mr. Rosland asked the Park
Board at last months meeting to have a recommendation ready to give to the
City Council at the September 23, 1991 City Council meeting.
Mr. Kojetin informed the Park Board of what has happened since the last
Park Board meeting. Mr. Rosland did meet with the surrounding neighborhood
at a neighbors home who overlooks the golf course. The neighborhoods
biggest concerns centered around the office building that would one day be
built on the six acres. Right now the proposed building would be 5
stories, similar to the medical building at Centennial Lakes. Mr. Kojetin
stated that the neighborhood people also attended the Planning Commission
meeting. There were about 150 people who attended this meeting. The major
focus was on the proposed building. Some of the neighbors are in favor of
the golf course and like the lay out and some of them are not. There were
a few concerns on hole #7 which would hit towards some of the homes. One
person indicated they used the tennis courts all of the time and were
against them being removed, they felt that Cornelia School was too far to
go. Some people would also like to see the softball fields remain there.
It was decided that the Planning Commission would authorize a 4 story
building on the designated 6 acres. This was not a 100% vote in favor to
recommend to the City Council. Mr. Kojetin also indicated they do not know
if Opus would accept a four story building or not.
Mr. Christianson stated that it is the Park Board's task to recommend to
the City Council whether or not they want to proceed with the purchase of
Normandale Golf Course and on what terms. Mr. Christianson stated that it
is the staff's recommendation in the special report that the City purchase
the 22 acres for the development of the golf course. Mr. Christianson
suggested to the Park Board that everyone voice their concerns and after
fully discussing the issue, a recommendation should be made to the City
Council.
Andrew Montgomery - He has no problem with the golf course. He also has no
problem with the tennis courts being taken out. They are in poor shape and
they are not used very often. Also, the Cornelia School tennis courts are
not very far away. Mr. Montgomery did state that he has a problem with the
three softball fields being eliminated. The adult softball program has
been growing and since Van Valkenburg has been built the neighborhood
fields at Todd, Yorktown and Highlands have been eliminated. The fields at
Lake Edina have been used very heavily. Mr. Keprios did note that because
of Van Valkenburg, other ball fields have been used for other
organizations.
Jean Rydell - She asked if the ball fields could still be kept? It was
noted that they could not. The space was needed in order to build a
competitive and playable course. Mr. Kojetin stated the way the plan is
now there is no way the fields could be saved. Mr. Christianson asked if
the golf course could be shorter? Mr. Valliere stated that it really could
not, it is already fairly small and the intent is to make it larger to
recapture more revenue. With an executive course it will allow $2.00 to
$3.00 more per round. Ms. Rydell stated she has no problem with the tennis
courts being taken out. Ms. Rydell also asked if it was worth it to give
up the softball fields? Mr. Kojetin stated that he feels it would be worth
it.
Mr. Keprios noted that this year there were 132 teams and last year there
were 119 teams. It is the co-rec league that is growing. Mr. Jenkins
asked if some of the neighborhood parks including Lake Edina were
envisioned as closing when Van Valkenburg was built? It was noted that the
Lake Edina fields have bad soil conditions and at some point in time the
fields would need to be excavated and leveled out and preferably install a
fabric under the soil to stabilize the playing field. It was also noted
that if we lose the Lake Edina fields we will need to go back to the
neighborhood parks or limit the number of teams in the program.
James Fee - He is comfortable with reallocating the softball fields. He
also thinks the golf course is a good proposal and will get a lot of use.
However, money should be allocated to build another softball field.
Chip Sour - He likes the design very much. He especially likes the two pin
placement. He is also okay with the tennis courts being taken out.
Paul O'Connor - He is very supportive of the golf course. This would make
the sport of golf more available to all residents. Mr. O'Connor stated
that he presently uses the Lake Edina tennis courts and would not have a
problem using the courts at Cornelia School. He has rarely seen anyone
using the courts at Lake Edina Park.
Mac Thayer - He likes the proposal.
Beth Hall - She likes it, but is concerned about the softball fields.
There should be a replacement to these fields, however, this should not
hold up the golf course.
Pat Vagnoni - She asked how people in the neighborhood feel about
everything being taken away from them? Do these people feel comfortable
with the new facility. Mr. Kojetin indicated they are mostly positive and
they will be getting new playground equipment at another location. She
also asked if there are young families in the neighborhood? It was noted
that there are.
Bill Jenkins - He is in favor of the golf course. The softball fields,
however, will need to be relocated. Overall he thinks it is a good idea.
Bob Christianson - He conceptually has no problem with the tennis courts
being taken out. He is concerned about the softball fields. If the
program is showing an increase in the number of participants adequate
provisions need to be made. He would also like to know what the proposed
golf course is going to be as well as the developer's cost. He is
concerned about the $700,000 redevelopment of the golf course. There are
three golf courses in one with the different pin and tee placements. He
would like to know what the breakdown of the costs are. Mr. Christianson
felt this is a Rolls Royce Golf Course and does Edina really need one? He
feels it does not. Mr. Christianson noted he is in favor of having a golf
course and having it be executive length, but not to the extent as
planned. After a quick calculation he figured this way there could be a
profit long before what the report shows. He is very concerned about the
cost. He is in support of the golf course, but not in the context it is
being presented with an elaborate 2 pin placement course. Mr. Kojetin
noted they have not been given the breakdown of numbers.
Bob Kojetin - Personally he feels the 22 acres should be in public
ownership. As far as the golf course, there are 30 plus parks in the city
and if there can be a charge for recreational activities to help maintain
the park land, this would be good as we look to the future. A lot of
revenue is received from this sport across the country. Mr. Kojetin also
noted that corporate league play is a need in the community and this would
be a good course for it.
Mr. Kojetin noted that a fabric needs to be put on the fairways and greens
throughout the course because of poor soil conditions. Mr. Kojetin also
stated that everyone suggested and brought up good points. At the present
time the architect was not given the directions to break down the cost of
the development of the course. He just rounded the figure to $75,000 per
hole which would be a reasonable cost for the re -development of the
Normandale Golf Course. Once the property is purchased then there will be
a further break down of costs and development with the architect for the
golf course.
Roger Harold, member of the Braemar Golf Association, has seen
approximately 80 courses with this same type of concept with different pin
and tee placements. It creates more of a feeling of an 18 hole course.
Mr. Kojetin noted that the USGA rules show that it would cost about
$100,000 a hole but this figure has been cut to $75,000 per hole. It is
not a long course and this is felt to be a reasonable number. The
architect has also used this number.
Mr. Christianson asked why we are doing this? Is it a course for the
championship golfer, the casual golfer, or the just starting out golfer?
Just what is the purpose of the golf course's complexity?
Mr. Christianson noted if we accept the concept and have any concerns and
thoughts, they should be expressed at this point so that the City Council
can see them.
It was asked if there is a deadline on acquiring the property? Mr. Kojetin
stated that the Rauenhorst family would like to sell this fall. If the
City acquires it, then the plans and specs would be started. The golf
course could open sometime in 1993.
Chip Sour MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE CITY:
1. ACQUIRE THE 22 ACRES AS PUBLIC LAND AND DEVELOP IT AS A GOLF COURSE.
2. HAVE THE STAFF OR ARCHITECT MAKE AN EVALUATION OF THE $700,000 CONSTRUCTION
COST OF THE GOLF COURSE. THE PARK BOARD QUESTIONS THE PROPOSED COSTS FOR
THE DEVELOPMENT OF THE GOLF COURSE IF IT COULD BE DONE FOR LESS.
3. IF LAKE EDINA PARK IS USED AS PART OF THE TOTAL GOLF COURSE EXPANSION:
a. ELIMINATE THE SOFTBALL FIELDS BUT PROVIDE FUNDING FOR A REPLACEMENT
FIELD WITHIN THE PARK SYSTEM.
b. PLAYGROUND EQUIPMENT FACILITY BE INCORPORATED AS RECOMMENDED BY THE
PLAN BUT PROVIDE FUNDING.
c. ELIMINATE TENNIS COURTS BUT PROVIDE AREA FOR FUTURE POSSIBLE
DEVELOPMENT.
Paul O'Connor SECONDED THE MOTION. MOTION CARRIED.
III. EDINA BASKETBALL ASSOCIATION - MIKE BURLEY. PRESIDENT
Mr. Burley did not attend the Park Board meeting.
IV. BRYANT LAKE REGIONAL PARK
Mr. Kojetin indicated to the Park Board that Joan Lonsbury is on the
Metropolitan Open Space Committee in allocation of funding for parks. She
gave a presentation at the City Council meeting and also wanted the Park
Board to hear her request. She is looking for endorsements from Edina, St.
Louis Park, Eden Prairie, Bloomington and Richfield for funding from the
4
state to the southern parks in Hennepin County. The majority of money the
past few years has always been spent on the parks in the northern part of
Hennepin County. Ms. Lonsbury would like to see Bryant Lake Regional Park
receive funding first this year. This area has a lot to offer, boating, a
picnic area, swimming, bike trails, walking trails, etc. Her concern is to
get some proclamation, endorse her when she discusses this topic at the
next Metropolitan Open Space Committee meeting. Mr. Kojetin noted that we
should start using the county parks more. We do have the disadvantage that
there is not a Hennepin County park in our community.
Pat Vagnoni MOVED TO SUPPORT JOAN LONSBURY AND THE CITY COUNCIL'S
RESOLUTION TO HAVE MORE FUNDING ALLOCATED TO SOUTHERN HENNEPIN COUNTY AND
BRYANT LAKE REGIONAL PARK. Mac Thayer SECONDED THE MOTION. MOTION
CARRIED.
V. OTHER
A. Tennis Courts - Mr. Montgomery took it upon himself to visit all 16
tennis court sites and wrote a report on the condition of each of these
courts. (See attached). Mr. Montgomery noted that there does seem to be a
decline in the number of people playing tennis on the city courts. This
lead Mr. Montgomery to conclude that spending major dollars on the
resurfacing of Edina Park tennis courts may not seem to be a reasonable use
of taxpayer dollars. He also noted that to let them become eyesores and a
source of neighborhood complaints is also not in the city's best interest.
Mr. Montgomery also felt that the patching technique is an alternative but
it has the appearance of being repaired rather than resurfaced. The courts
that have been most recently resurfaced have not lasted. He feels we need
a better understanding of what we are purchasing and what guarantees we can
expect regarding a court life. He noted that the Community Center and High
School courts which were resurfaced this year are excellent and he would
expect they will last for 5-8 years before being resurfaced again. Mr.
Montgomery also noted that he does not understand why resurfacing is done
in September when there is limited outdoor playing time remaining.
Mr. Keprios noted that through the years they have found there are no
experts in this area. Mr. Keprios indicated that the Edina School District
has been using an engineering firm called Inspec to evaluate their tennis
courts and parking lots. Mr. Keprios has been working closely with this
company since March of this year to determine the most cost effective means
of maintaining the tennis courts. After reviewing several different
proposals, it was decided that we could only afford to do effective
maintenance on three sets of courts, Normandale, Countryside and Creek
Valley. This is a very tough decision to make as to which courts get done
first. Decisions on which courts are in most need of maintenance are made
in the Spring of the year because the majority of the damage to the tennis
courts and hard surface areas occurs during the Winter months. The money
allocated to maintain tennis courts and hard surface courts is the same
fund in the budget to repair and install playground equipment. There is a
very limited.amount of money to do playground equipment, hard surface
courts and tennis courts and we are thus faced with difficult decisions
when you are dealing with all kinds of complaints. We will be faced with
very difficult decisions next year again because there are five of Edina's
six hard surface play areas (basketball, four square, hop scotch, etc.)
that need major repair as well as tennis courts in need of maintenance and
playground equipment that needs repair or replacement.
Mr. Montgomery also brought up the point that he feels each Park Board
member should be assigned responsibility for a periodic review and comment
on 4 - 5 parks of the 37 park facilities that are offered to the Edina
public. Ms. Rydell asked if the park assignments could be changed around
from time to time so the board members could see different parks.
Mr. Kojetin noted that the staff is in the process right now of using a
telephone message center service for this reason. Whenever a staff person
sees something that needs to be done they call it in. Then, every morning
Solvei, the office coordinator, will play the tape and give the list to
Vince Cockriel, the park foreman. Mr. Kojetin also pointed out that the
Park Board will sometimes look at things differently then the staff. Mr.
Montgomery will have a list at the next Park Board meeting with all of the
Board members assigned parks.
B. Intern - Mr. Keprios introduced Jenny Black. She will be working with
Mr. Keprios as an intern. She is a student at Mankato State University.
C. Chowen Park - Mr. Keprios indicated that the old equipment from Chowen
Park was donated to a church. He passed around photographs of what they
did with the equipment. The Richfield church named their new playground
site "Charlies' Playground", named after a soldier who died in Desert
Storm.
D. Sherwood Park - Mr. Keprios informed the Park Board that they will be
receiving a petition at next month's meeting from the neighbors by Sherwood
Park. They would like to have an ice skating rink there this winter.
E. Braemar Golf Association Board - Mr. Christianson informed the Park
Board that he received a letter from the Braemar Golf Association Board.
The letter indicated that they have over 600 due paying members and they
have voted unanimously to approve the Park Board and City Hall efforts to
pursue approval of the new nine hole course within the Braemar environs.
VI. ADJOURNMENT
Beth Hall MOVED TO ADJOURN THE MEETING AT 8:55 P.M. Mac Thayer SECONDED
THE MOTION. MEETING ADJOURNED.
Hennepin Parks
Capital Improvements Program
Part I: 1992 - 1996
BAKER PARK RESERVE
• District Maintenance Shop and Cold Storage
• Golf Course Maintenance Shop
• Baker Campground Electrical Hook-up
$ 845,000
110,000
155,000
BRYANT LAKE REGIONAL PARK
• Phase I Development* 2,629,500
• Phase II Development* 1,480,000
CARVER PARK RESERVE
• Carver/Lake Minnetonka Maintenance Shop Improvement 225,000
COON RAPIDS DAM REGIONAL PARK
• Building Addition: Nature Center Satellite Facility 235,000
ELM CREEK PARK RESERVE
• Bike/Hike Trails Connecting to Dayton/Champlin 730,000
FISH LAKE REGIONAL PARK
• Phase II Development 225,000
HYLAND/BUSH/ANDERSON LAKES PARK RESERVE
• Richardson Nature Center* 1,700,000
• Hyland Hills Chalet Expansion 300,000
• Maintenance Shop 400,000
LAKE MINNETONKA REGIONAL PARK
• Phase I Development* 4,000,000
HENNEPIN PARKS REGIONAL TRAIL CORRIDORS
• Theodore Wirth to French Regional Park and Dam* 2,105,000-
• Luce Line to Baker 130,000
MISCELLANEOUS PROJECTS
• Lighted Cross -Country Ski Trail (Baker or site to be determined) 225,000
• Fuel Tank Replacement Program 300,000
• Barn Enhancements 135,000
• "Short" Trails 150,000
• Turf Trail Rehabilitation Program 150,000
• Wetland Restoration Program 200,000
• Aerial Surveys 100,000
TOTAL: $16,529,500
* Requires increased Operations and Maintenance Funding
. THY.�:i:'ri::iii:�:'i::::iiiv::i::i. Oi..!i'OiOwiigiNiiia-
:iiiii1:.i.
Hennepin Parks
Capital Improvements Program
Part II: 1992 - 1996
Funding Source: Hennepin Parks Noerenberg Trust Fund and Other Sources
to be Determined
NOERENBERG MEMORIAL COUNTY PARK
• Phase II Development $ 400,000
REGIONAL TRAIL CORRIDORS
• LRT: Cedar Lake to Lake Minnetonka* To be determined
SPECIAL USE FACILITY
• Water Recreation Area* To be determined
*Requires increased Operations and Maintenance Funding
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September e. 1991
i o : kobert t:::o._i et i n
John K o r i o s
Pak: Board Commissioners
From: Hndrew Montgomery
Subject: Condition of Tennis Facilities
Background: I have been concerned with the condition of the
tennis facilities offered by the City of Edina to the
residents and other users of the facilities. There are
currently 16 tennis court locations throughout the City that
are the responsibility of the City to properly maintain.
This excludes the recently resurfaced tennis courts at the
Community Center and Edina High School, courts available at
the two country clubs ano Midwest Tennis and several courts
at private homes.
Findings: During Friday a+ternoon and Saturday morning. I
personally visited all sixteen locations and o+fer the
+allowing comments on their conditioniranked from best to
wort);
Todd t-'ark-Nets and playing surface are in excellent
condition. Did find that the softball diamond and the
basketball court have not been maintained. I rate the courts
excellent.
Lewis Park -Nets and playing surface are in excellent
condition. I rate the courts excellent.
Walnut Ridge -The playing surface is excellent and if the
nets were replaced. the facility would be similar to Todd
Park and Lewis Park. There are major holes in both nets.
With the replacement of nets. I rate the courts excellent.
Countryside Park -Major cracks have been repaired with some
compound inserted in the cracks which tentatively postpones
resurfacing and gives good play. The nets are excellent. I
rated the courts good/excellent.
Cornelia School Park -There were holes in the bottom of the
nets and the playing surface was excellent. I rate these
courts good/excellent. I did note that the baseball diamond
adjacent to the courts has not been maintained.
Weber lark- The nets were in good shape and there was
limited cracking of the playing surface. I do not know what
another winter will do to the cracking. I rate these courts
as good.
Lake Cornelia FarkiFool)-The nets were in good shape and
there was limited cracking of the court surface. I rate
these courts as good.
Yorktown Park -The nets were in good shape and there was
limited cracking of the court surface. I rate these court-
as good. I did note that the softball diamond was not
maintained.
Utley Park-lthough the nets were in good shape. there was
considerable cracking of the court surface. There were no
major cracks that would cause problems with the play. I rate
these courts as fair.
Lake Edina r ark- r he east court net had holes in the net and
several cracks on both courts, some 1/2" to 1" in size which
make of av difficult. With the uncertainty of the future of
these courts due to the Normandai e Golf Course expansion. I
do not recommend major dollars spent to improve facilities.i
rate these courts as fair/poor.
Pamela Park -The east court has holes in the net, severe
cracking and a low point that retains rain water„ The west
court has considerable cracking which will probably worsen
with another winter. I rate these courts as fair/poor. In
addition, two of the three ball diamonds do not aooear to
have been maintained recently.
Highlands Park -Both nets need to be replaced and court
surface reoaired. The same process that was aooiied to
Countryside Fark courts should be done here. In addition.
the fencing on the south side allows balls to roll under and
out of play. I rate these courts as ❑oor/fair.
Braemar Park -These courts probably have the nicest setting
of all the courts but are in very poor condition. Both nets
have holes in them and there are major cracks in the playing
surface and extensive weeds. These courts should be
candidates for resurfacing in 1992. I rate these courts as
poor.
Garden Park -With out a doubt, the worst courts in Edina. The
east net has holes and there are major cracks and holes
throughout the playing surface. Must be resurfaced as soon
as possible. I rate this court as very poor.
Creek Valley School -This facility is currently being
resurfaced. I had played on these courts earlier this year
and the decision to resurface would not be questioned.
Normandala Park -This facility is currently being resurfaced.
I had also played on these courts earlier this year and the
decision to resurface would not be questioned.
Recommendations
i. Resurface Braemar and Garden in the Spring of 1992 (I do
not unoersrano tne resur+acing of courts in 6eoremoer when
there is limiteo outdoor o|avinq time remaining)
2. Emoioy the patchinq technioues used at Countrvside to
Lake Edzna, Pamela Parx and Highlands.
3. Patch and/or replace nets at Walnut Ridge. Cornelia
School, Lake Edina' Pamela Park, Highland~ Braemar and
Garden.
4. Determine the future of the Lake Edina tennis courts
before additional major dollars are soent'
Personal comments -It aooears that there is a decline in the
use of outdoor tennis facilities throughout Edina. On recent
Saturday mornings, I have oeen p}avinq with a group at Edina
Hiqn Ichool at 9AM. There are seven recently resurfaced
courts and more often than not, we are the only group
o!avznq. This was also noted during several evenings. This
ieads me to conc/ude that soendinq major dollars on the
resurfacing of Edina Park facility courts may not seem to oe
a reasonable use of taxpaver dollars. However, to /et them
become evesores and a source of neighborhood complaints is
also not in our best interests. The patching tecnnioue is an
alternative but it has the appearance of being repaired
rather than resurfaced.. The courts that have been most
recently resurfaced(orior to 1991) haVe not lasted. We need
a better understanding of what we are purchasing and what
guarantees we can expect regarding court life. The Community
Center and High School courts which were resurfaced this
year are excellent and I would expect that they will last
for 5-8 vears before resurfaceo again.
I enjoyed the 0000rtunzty to visit the tennis facilities
throughout Edina and look forward to your comments. By
visiting these 16 facilities, it leads me to recommend that
each Park Board commissioner be assigned responsibility for
oeriodic review and comment on 4-5 parks of the 38 park
facilities that are offered to the Edina public. I believe a
more oro-active role should be a commitment of each
commissioner as it is impossible for the staff to visit all
the facilities within a reasonable timeframe, considering
their other responsibilities.
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
City Council
Kenneth Rosland
September 23, 1991
Z-91-5 & S-91-5, an
Comprehensive Plan
Amendment, 4800 W.
77th St., (Norman -
dale Golf Course),
Normandale Golf,
Inc., and Opus
Corporation.
Agenda item # TV_
Consent
Information Only
Mgr . Recommends I
Action
Ix
B. 1. & 2.
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
The Planning Commission has recommended the following actions:
1. Amendment of the Comprehensive Plan from Quasi -Public to
Office and Public.
2. Preliminary rezoning from R-1, Single Dwelling Unit
District to POD-1, Planned Office District (4 story
height limit).
3. Preliminary plat approval to divide property for sale of
the golf course area to the City.
Staff would also request that the Council authorize execution of
the attached Purchase Agreement and Easement Agreement by the Mayor
and Manager.
INFO/BACKGROUND
Attached to this cover is a modified site plan which was prepared
by Opus following planning commission action. The revised site
plan illustrates a four story, 104,000 square foot office building.
with an increased setback from the northerly property line as
recommended by the Planning Commission. The second sheet
illustrates a elevation from the golf course.
Also attached for Council review are:
1. A draft resolution to be adopted by the City Council
should they decide to proceed to acquire the property and
grant preliminary rezoning of the 6.2 acre site POD-1.
2. The proposed Purchase Agreement and Easement Agreement.
3. Planning Commission minutes from September 4, 1991,
hearing.
4. September 4, 1991, Staff report to the Planning
Commission.
5. Special report to the City Council on possible
acquisition of Normandale Golf, dated August 14, 1991.
6. Letter from City Manager to property owners within 500
feet of perimeter of course advising them of neighborhood
meeting.
7. Letter from David Bangasser, Opus Corporation, delivering
revised site plan with elevation of building.
8. Materials presented to Planning Commission by David
Byron, 7433 West Shore Drive.
9. Other correspondence received concerning the proposal.
PROPOSED RESOLUTIONS
REGARDING NORMANDALE GOLF COURSE PROPERTY
WHEREAS, Normandale Golf, Inc. (the "Owner") is the owner of
property in the City of Edina lying North of West 77th Street and East of Highway
100, described as Tract R, Registered Land Survey No. 1050, Files of the Registrar of
Titles, Hennepin County, Minnesota (herein called "Tract R"); and
WHEREAS, Tract R is now and has been used as and for a private
nine —hole golf course known as Normandale Golf Course, operated by Normandale
Golf, Inc.; and
WHEREAS, the City of Edina desires to purchase, on the terms and
conditions of the Purchase Agreement presented to the Council (the "Purchase
Agreement") for construction of and use as a public nine -hole golf course, said Tract
R, except for approximately 6 acres thereof fronting on West 77th Street (the
"Retained Area") to be retained by the Owner; and
WHEREAS, the City of Edina also desires to acquire a driveway
easement ("Driveway Easement") from Pentagon Park Limited Partnership
("Pentagon Park") for access to the east end of said golf course on the terms and
conditions of the Purchase Agreement (For Easement Agreement) presented to the
Council (the "Easement Agreement"); and
WHEREAS, in connection with the sale to the Ci ly, the Owner
presently desires to develop the Retained Area with a four story building or
buildings with an aggregate total of 110,000 square feet of gross floor area, and related
parking in the general manner shown on the Preliminary Development Plan for
the Retained Area; and
WHEREAS, the Retained Area, because of its golf course use is now
shown on the Comprehensive Plan of the City as quasi -public, and, by the Zoning
Ordinance of the City, is within the Single Dwelling Unit District (R-1); and
WHEREAS, to develop the Retained Area with an office building or
buildings it will be necessary to amend the Comprehensive Plan and the Zoning
Ordinance of the City; and
WHEREAS, the Retained Area fronts on West 77th Street and has
office developments on its east, west and south sides, and will be separated from the
developed single family dwellings north of Tract R by the open space area now used
and intended in the future for use as a golf course, and it is appropriate to allow
development of the Retained Area with an office building or buildings and related
parking in the manner shown on the Preliminary Development Plan.
THEREFORE, the following resolutions are hereby adopted:
RESOLVED, that the Mayor and Manager proceed to purchase Tract R,
except the Retained Area, and proceed to purchase the Driveway Easement,
on the terms and conditions of the Purchase Agreement and Easement
Agreement, respectively, as presented to this Council, with such changes and
modifications as may be approved by the Mayor and Manager, and the Mayor
and Manager (or the Clerk where appropriate) are authorized and directed to
execute and deliver such Purchase Agreement and Easement Agreement
(with such changes and modifications as the Mayor and Manager may
approve), and such other instruments and agreements as the Mayor and
Manager may deem desirable or required to conclude a purchase of Tract R,
except the Retained Area, and to conclude acquisition of the Driveway
Easement. The execution of the Purchase Agreement and Easement
Agreement, and of such instruments and agreements by the Mayor and
Manager or Clerk shall be conclusive evidence of the approval of such
documents by the Council in accordance with this resolution.
RESOLVED, that upon fulfillment of the conditions set out below for
the preliminary zoning approval for the Retained Area, appropriate changes
be made to the Comprehensive Plan of the City (i) to show the Retained Area
as a potential office development site for a building or buildings of not more
than four (4) stories in height, and not more than 110,000 square feet of gross
floor area (as defined in the City's Zoning Ordinance) in the aggregate for all
buildings on the Retained Area, and (ii) to show the balance of said Tract R as
"public" area.
RESOLVED, that preliminary zoning approval is hereby given to
transfer the Retained Area to the Planned Office District, Subdistrict POD-1,
subject, however, to the following conditions which must be fulfilled before
this preliminary zoning approval is effective:
1. That the City acquire Tract R, except the Retained Area,
pursuant to the Purchase Agreement, with such changes and
modifications as may be approved by the Mayor and Manager;
2. That a subdivision, or lot division, be prepared and approved
by the City pursuant to its ordinances and applicable state statutes,
separating the Retained Area from the balance of Tract R.
2
LOCATION MAP
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77
REZONING &
SUBDIVISION
NUMBER
LOCATION
REQUEST
Z-91-5 amd S-91-5
East of State Highway 100 and north of
West 77th Street (Normandale Golf Course)
Rezoning R-1, Single Dwelling Unit District to
POD-2, Planned Office District.
EDINA PLANNING DEPARTMENT
DRAFT MINUTES OF THE REGULAR MEETING OF THE
EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
HELD ON WEDNESDAY, SEPTEMBER 4, 1991, 7:30 P.M.
EDINA CITY HALL COUNCIL CHAMBERS
MEMBERS PRESENT: Chairman, G. Johnson, R. Hale, N. Faust, H.
McClelland, D. Runyan, V. Shaw, D. Byron
ABSENT: J. Palmer, L. Johnson, C. Ingwalson, G.
Workinger
STAFF PRESENT: Craig Larsen, City Planner
Kenneth Rosland, City Manager
Fran Hoffman, City Engineer
Jackie Hoogenakker, Secretary
I. OLD BUSINESS:
II. NEW BUSINESS:
Z-91-5
Preliminary Rezoning R-1, Single Dwelling Unit
District to POD-2, Planned Office District.
Normandale Golf Area, Tract B, RLS No. 1050.
S-91-5 Preliminary Plat Approval, Registered Land
Survey
Mr. Larsen presented his staff report and asked the Commission
to note that the plan before them this evening is similar to the
plans presented in 1985, except one important issue. That issue is
that the past proposal left ownership of the golf course "up in the
air", and the proposal before you, this evening ensures that the
golf course will be controlled and operated by the City of Edina.
Mr. Larsen concluded that staff recommends approval of this
proposal subject to approval of an amendment to the Comprehensive
Plan, and preliminary rezoning and subdivision approval.
Mr. Kenneth Rosland was present, Mr. Bob Worthington, Opus
Corporation was present and interested neighbors were present.
Mr. Larsen introduced to the commission Mr. Kenneth Rosland,
City Manager.
Chairman Johnson asked if Mr. Larsen would clarify a few items
before Mr. Rosland begins his presentation. Chairman Johnson
inquired on how far north the proposed office building would
intrude. Mr. Larsen explained that dimension is approximately 70
feet. Chairman Johnson questioned Mr. Larsen on the height of the
existing office buildings located near the proposed office
building. Mr. Larsen said the easterly office building is three
stories, the office building to the west is one story. Chairman
Johnson asked Mr. Larsen the number of parking spaces required for
the proposed office building. Mr. Larsen responded that the
ordinance requires 479 parking spaces. The proposal provides 480
parking spaces.
Commissioner Hale commented that he remembers hearing that
promises were made by the city to nearby proper owners indicating
the city would set aside this land as a buffer. If this was
promised, a golf course, or open space should always remain. Mr.
Larsen said those comments were researched, but there is no
documentation, or any records indicating that the city promised the
golf course would always remain. Continuing, Mr. Larsen said
nothing is legally recorded against the property that would prevent
other types of development by the present property owner or future
property owners. Mr. Larsen pointed out council minutes, at that
time, reflect that any rezoning or subdivision requests would have
to go through the normal process for redevelopment.
Commissioner Faust questioned how far the proposed building
would be from the lot line of the golf course on the residential
side. Mr. Larsen said around three hundred forty feet, or roughly
the size of a football field. The building would be setback an
additional 70 feet from it's property line.
Chairman Johnson introduced Mr. Rosland, City Manager.
Mr. Rosland began his presentation by informing the commission
that approximately two years ago Mayor Richards recommended to
staff that they begin a study that would look into the acquisition
of Normandale Golf Course as a public golf course for residents of
Edina. Mr. Rosland told the commission that nothing legally binds
the city to purchase this property. He informed the commission the
city invited residents to a meeting on August 29, 1991, to discuss
this proposal. The new golf course will be paid for by user fees.
Mr. Rosland reported that the site is 28 acres, and the city has
approached Opus to acquire 22 of those 28 acres. The remaining 6.2
acres would be rezoned to office and controlled by Opus
Corporation. It is their plan, when the market is agreeable to
construct a 5 story office building. At present, the office market
is very soft, so a definite plan for construction has not been
implemented, and may not be implemented for a number of years. Mr.
Rosland explained that Opus needs recorded on paper that they can
build an office building on the 6.2 acre site. Continuing, Mr.
Rosland said the 22 acre, proposed par 31 golf course, will be
incorporated into the Lake Edina Park. Mr. Rosland told the
commission the proposed course is unique, with short tees with easy
pin placement for novice golfers and farther pin placement for the
more advanced golfers. Opus has agreed to construct at no cost to
the city a clubhouse that will be 4,000 square feet, 2,000 feet up,
and 2,000 feet down. The parking lot will contain space for 60
cars. Mr. Rosland said he believes the city can afford to do this.
Golf is booming within the city, and user fees will offset initial
development costs.
Mr. Rosland spoke on the proposed changes to the present
course and pointed out with graphics how the holes on the golf
course line up. He pointed out it is the belief of the city that
this proposal will benefit neighbors, and the city as a whole.
Kellogg Avenue will be cul-de-saced, which should reduce traffic.
The tennis courts will be removed, the parking lot for the ball
fields will be removed. The playground will be relocated, Kellogg
Avenue would be fenced which would prevent golfers from floating
into the neighborhood. It has been documented over a number of
years that problems have been reported from residents regarding the
ballplayers using the fields. Mr. Rosland noted at the
neighborhood meeting there was a mixture of feelings, there are
residents who oppose the proposal and residents who support the
proposal. He pointed out there is no question that this plan has
been previously heard. The only changes are this plan pulls back
the 6.2 acres designated for the proposed office and the city
controls the golf course.
Commissioner Hale said it would seem, from a golf course
standpoint, that the office lot should not intrude into the golf
course. Mr. Rosland said he agrees, but Opus desires it as it is
presented. Mr. Rosland said the northerly edge of the proposed
office building would be bermed and planted and if an office is
constructed that berming would not be disturbed.
Commissioner Hale questioned if there would be a fence along
the northern edge of the golf course. Mr. Rosland said a fence is
proposed to run from Kellogg Avenue to Parklawn Avenue. He added,
if a strong feeling is expressed from the residents indicating they
desire a fence along the whole course the city would be willing to
look into it.
Commissioner Runyan asked Mr. Rosland if it is the intent of
the city that this course remain a public golf course. Mr. Rosland
said that is correct.
Commissioner Hale inquired if they have to approve a five
story office building. Mr. Rosland said that Opus desires the site
to be rezoned to POD-2. They want it on record that the site is
rezoned to reflect office use.
Commissioner McClelland asked Mr. Rosland to go over the
access easement the Shilder Group is willing to grant to the city.
Mr. Rosland said an agreement has been drawn up between the City
and the Shilder Group. The agreement is subject to purchase of the
course. The agreement states that the city will build a public
driveway off Parklawn. At present there is a 25 foot strip that is
a drainage easement. Shilder Group has indicated they are willing
to grant an easement over that strip to us to be used as a
driveway. The driveway will be maintained by the city as far as
snow removal. Mr. Rosland noted the only way the Shilder Group
will "walk away" from the agreement would be if the city would
change the zoning of the Golf Course.
Commissioner McClelland commented that she feels 60 spaces for
golf course parking may not be adequate. She questioned Mr.
Rosland on the number of parking spaces located at Braemar. Mr.
Rosland said he believes Braemar Golf Course has 250 parking
spaces. Mr. Rosland said he believes the parking is reasonable and
there is overflow parking across the street in the office parking
lots.
Commissioner McClelland questioned Mr. Rosland if he believes
there will be a problem at Normandale Golf Course from errant golf
balls, and asked Mr. Rosland to address the problems that have been
occurring at Braemar. Mr. Rosland explained that the second hole
at Braemar is situated in a position that has lead golfers to
believe because of the dense vegetation that there are no homes
behind those trees. Mr. Rosland said it appears some golfers when
waiting to tee -off would pick up range balls and hit them into what
they thought were woods. He added signage has now been implemented
at Braemar and there have been no problems since. Mr. Rosland
asked the commission to note that this is the first year errant
balls have been a problem for Braemar. Commissioner McClelland
said she has a concern about city liability. She pointed out the
office buildings are mostly constructed with mirrored glass and
there is also the potential to hit cars parked in the lot. Mr.
Rosland said he believes the way the new holes and been configured
will alleviate any problems. He pointed out the city will increase
the landscaping which should reduce errant golf balls. He
concluded it may be impossible to control all balls, but they have
done their best to mitigate any problems.
Commissioner McClelland noted that the soil on the course is
not the best and believes there is quite a bit of peat present.
She asked if any problems have been noted by the DNR. Mr. Rosland
said the DNR has not indicated any problems with this proposal.
Commissioner Runyan asked for clarification on the five story
office building. Mr. Rosland explained that Opus requests that the
site is to be zoned POD-2, which would accommodate the proposed
five story building..
Commissioner Byron pointed out to the commission that POD-2
zoning determines building height by setbacks, so in reality the
office building could be higher than five stories if it meets city
setbacks. He added a zoning to POD-1 would limit the height of the
building. Commissioner Byron asked the commission to note, for the
record, that the appropriate signs have not been erected informing
residents that a rezoning is in the process. Mr. Larsen said it
was his understanding that signs had been erected regarding the
proposed rezoning.
Commissioner Byron asked Mr. Larsen if he knows the square
footage of the centennial lakes medical office building. Mr.
Larsen responded that the medical office building is 6 stories, one
story below grade, so when the building is viewed from the parking
lot, it appears as 5 stories. The square footage of the building
is 106,000 square feet. Commissioner Byron asked if there is a
land survey on file for the site. Mr. Larsen said there is a land
survey, but it is complete only in regards to the office building.
Commissioner Shaw commented that the jog in the lot line of
the golf course appears funny. She stated in her opinion the
proposed office building butts right smack up against the north
property line, and in her opinion that doesn't make sense. Mr.
Rosland said Opus has requested a 106,000 square foot building of
5 stories, and has drawn the proposed building pad to reflect this
request. The building has been located where Opus desires it.
Commissioner Shaw asked why the parking lot can't be moved to the
golf course side of the proposed building thereby moving the
proposed building farther from single family homes.
Mr. Worthington said the concept could be changed to address
the concerns of the commission. He added the commission could
stipulate that the proposed office building be no higher than five
stories. He added he understands their concern that because of the
POD-2 zoning the building could actually be constructed higher
while complying with the requirements of the POD-2 zoning. In
response to Commissioner Shaw's observation about the proposed
office building appearing too close to the property line, Mr.
Worthington said that is the intent of the design. He pointed out
the proposed building has been designed to incorporate the golf
course into it's theme. Mr. Worthington explained that it is very
desirable to create beautiful views for potential tenants. Golf
courses create a park like setting, and like many substantial
single family homes on golf courses, an office building wants to be
as close to the golf course as possible. The proposed office
building will be extremely attractive to potential tenants if they
have views of the course and can sit outside on warm days and enjoy
the beauty of the course. Continuing, Mr. Worthington said the
building will be "Class A" with underground parking, and penthouse
suites. He indicated that the office market at present is soft and
it may be some time before an office building is erected on this
site. Mr. Worthington pointed out that what the commission is
approving in reality is a concept, not a specific building plan.
Chairman Johnson questioned if there really needs to be a five
story building constructed on this site, four stories would present
a less imposing profile. He pointed out the proposed parking may
be excessive, and this body believes where possible, green space
should be left and a Proof of Parking Agreement entered into.
Commissioner Faust asked Mr. Rosland if it would be possible
to give Opus a tax break if they would erect a three story office
building versus the proposed five story building. Mr. Rosland said
that cannot be done. The city has to assess value across the board
and we do not have the authority to devalue a site for a tax break.
Commissioner McClelland asked Mr. Worthington if he knows the
vacancy rate for Pentagon Office Park. Mr. Working responded that
he does not know that figure. Continuing, Mr. Worthington said the
south suburban vacancy rate for office buildings is 20%.
Commissioner McClelland said she has a concern with Pentagon Park,
and in her opinion it looks pretty shabby, and because of this,
there could be future redevelopment. Continuing, Commissioner
McClelland added she appreciates what Opus has presented, and the
work that has gone into this proposal, but would like to see the
rezoning of this site be POD-1. She pointed out it may be possible
to work something out with the city if redevelopment were to occur
at Pentagon Park, and they add additional stories, your proposed
office building could add an additional story. Commissioner
McClelland reiterated, that at present, she feels the proposed POD-
2 zoning is too dense, and in her opinion recommends that the site
be rezoned to POD-1, with a limit of four stories.
Commissioner Hale said he agrees with Commissioner McClelland,
POD-2 could set a precedent for all buildings in the area north of
77th Street.
In response, Mr. Worthington said he prefers not to be tied to
what could happen to Pentagon Park in the future. If tied to what
could happen there, this could put us in a less competitive
situation if Pentagon Park would be redeveloped. He told the
commission if they feel strongly about a four story office building
on this site that should be stipulated in their motion.
Mr. Joe Stoutenberg, 7449 West Shore Drive, told commission
members that the proposed five story office building would be a
very imposing site for residents. He added he has a concern that
property values would decrease as a result of this development.
The proposed building is too large, too close, and there could be
problems with lighting that would effect property owners. He also
noted the buffer zone would be broken down if a building of this
size would be constructed.
Dr. Kenneth Hodges, 7428 West Shore Drive submitted a letter
to Chairman Johnson from Mrs Schwarzrock. He read this letter for
commission members. Mrs. Schwarzrock opposes the rezoning.
Geof London, 7437 West Shore Drive, told the commission he is
strongly opposed to the rezoning. He added he is very happy that
the city will operate the golf course if this land is acquired. He
informed the commission that he spoke with realtors and found that
Edina has an office vacancy rate of 19%. He pointed out, in his
opinion, the proposed office building will increase noise, crime,
traffic, and lighting will be a problem. Another point is that his
family will loose the use of the tennis courts and the ball fields.
He concluded that he feels many years ago it was promised that the
golf course would remain. He explained that he feels the hardest
loss to this family as a result of this proposal will be the loss
of his view from his rear yard. Mr. London suggested that the city
purchase the entire property, the whole 28 acres. Mr. London asked
why the price is so high for the 6.2 acre office site. Who will
compensate neighbors for a decrease in land value.
Tom Anderson told the Commission he owns property at two
locations in this area. He added, that he believes the golf course
at present, is in good condition. During the last few years an
attempt has been made to upgrade the course, and the amount of
money the city is willing to spend to upgrade the course may be to
high. Mr. Anderson told the commission he strongly supports the
purchase of the golf course by the city because it has merit for
the entire city, but cautioned we may be paying too high of a price
for the land and giving Opus just what they want. He agreed with
Mr. London that it appears the 6.2 acres plat has an inflated
price. Mr. Anderson asked Mr. Rosland what the total price of
the golf course is if the city purchases it. Mr. Rosland said the
purchase price is $900,000.00, or .94 a square foot. He said you
are correct in your assumption that the dollar value of the land
has been transferred to the front 6.2 acres. The city cannot
afford to purchase the entire parcel, and the city did try to
purchase the entire the parcel.
Mr. Art Janusek, 7501 Kellogg Avenue South, asked the
commission to note that at present the golf course is not
maintained in good condition. He pointed out the ball fields have
also created a number of problems from people who come after the
game and drink and become loud. He pointed out that within a 4
block neighborhood there are 24 children. He added he supports the
change to the golf course as designed. He noted he has not
observed that the tennis courts are being heavily used, and
supports the upgrade to the playground, in it's present condition
it is unsafe for children. He reiterated the golf course needs to
be professionally managed, it is run down it causes problems with
persons who party and create noise and are irresponsible when they
play golf. He added he shares the concern of neighbors that the
proposed five story office building is too high.
Mr. Michael Teasdale, 4517 Sedum, said at present the golf
course is in limbo. He reported the golfers who use the course now
are not responsible. The existing conditions in this area need to
be "cleaned up". A "satisfactory" course is a nuisance, Edina
needs a "superior" course. The activity behind the pump house
cannot continue. This area needs to be supervised. At present it
is an attractive nuisance.
Mr. Thorridike, 7409 Kellogg Avenue said he moved into the
neighborhood in 1964 and recalls that in 1965 a 24 story high-rise
was proposed, and defeated. He understood at that time that there
would never be any more office buildings in the area and the golf
course would always remain. He questioned when redevelopment would
stop.
Commissioner Byron submitted to commission members a booklet
that contains research he has collected for a number of years
regarding this issue. Commissioner Byron said as a landowner, and
not a commission member be complied this report. Comments from
Commissioner Byron are as follows:
Commissioner Byron explained to the commission the history of
the site and that at one time the city "toyed" with zoning 90 acres
to light industrial, and the rest of the site to two motels and a
golf course. The golf course was planned along the northern edge
of the area to serve as a buffer. Commissioner Byron pointed out
that that did not happen, but in all plans submitted to the city
the integral part of those plans was the golf course, and residents
of the area were led to believe that the golf course would remain
as a buffer from the planned office district. Commissioner Byron
noted that it is unfortunate that nothing was ever secured
guaranteeing that the golf course would remain as is. Continuing,
Commissioner Byron referred to minutes from the planning commission
meeting of 1985 and a letter from Mr. Hite stating that the golf
course would always remain. Commissioner Byron commented that at
the time of rezoning the city was unable to develop the industrial
park until they adopted an industrial ordinance. In 1985 the
planning commission voted denial on a proposal to develop an office
building similar to the one presented this evening. Commissioner
Byron referred to City Council minutes from January 21, 1985, where
Councilmember Richards pointed out that he could support a proposal
considering a three story building that would be pulled more to the
south, and a reduction to parking. At that time Councilmember
Richards suggested that Opus donate the rest of the land to the
city, solve any existing drainage problems and construct a
clubhouse. At this meeting the issue was referred back to the
planning commission. Commissioner Byron concluded by reminding the
commission that what is before them this evening is a fantasy
building, and in his opinion we, as a body, should have a firm plan
before us enabling us to make an educated decision. Commissioner
Byron said a neighbor in the area I would feel more secure if I
knew what Opus planned, and in reality, I do not want to look at a
large office building.
Mr. Rosland said he wants to make it perfectly clear that the
city council will make the final decision on this proposal. The
planning commission and city staff are advisory. City staff was
asked by the Mayor to assemble a report and present it to the
council, commission, and parkboard. Mr. Rosland said this is an
issue that will not go away, and it is a difficult issue. The
time appears to be right to put some finality to this issue. In
response to questions regarding a complete survey for the site, the
R.L.S. will not be completed for the entire site until a definite
answer is achieved. If the 6.2 acres is rezoned, and the city
purchases the golf course, there is finality. Mr. Rosland
commented that in city hands the golf course will remain a golf
course. Mr. Rosland concluded that city staff is asking the
commission to vote on this issue this evening and bring it to a
conclusion. Normandale, Inc. (the golf course) does not want to
operate as a golf course, and it is a good time for the city to
purchase the property. Mr. Rosland noted the ball fields have
created problems, the city has received calls of complaint on the
fields. He reported some of those problems were eliminated when
Van Valkenburg Park was opened, but complaints still continue to
come into our police department. Concluding Mr. Rosland said the
golf course business is complicated, and the city has looked into
acquiring this golf course for a number of years. Mr. Rosland said
this issue has been carefully studied.
Chairman Johnson asked Mr. Worthington if the 6.2 acres could
be zoned as an outlot until the time is right to construct an
office building. Opus could then re -apply for rezoning. Mr.
Worthington replyed that Opus Corporation requires rezoning at this
time. He added he would appreciate it if the commission would vote
on this issue this evening and put in their motion if they want the
zoning to be POD-2 or POD-1 with a 4 story building.
Commissioner McClelland said while she understands the
feelings of residents she believes the neighbors also have to give
a little. She added she believes this proposal is different from
the proposal submitted in 1985. With the city controlling the golf
course the residents can believe that the course will be run
professionally, and the golf course will remain a golf course. She
concluded that in fairness to the neighbors the rezoning should be
POD-1, a five story office building is not a good land use in this
area. She pointed out the city could not afford to buy the entire
piece in 1985 and cannot afford to buy the entire site at this
time. A fair compromise must be achieved.
Commissioner McClelland moved to recommend preliminary POD-1
rezoning approval subject to the concept submitted and the
additional conditions 1) that rezoning approval is for POD-1, not
POD-2 as requested, and the office building, when constructed, is
to be limited to four stories. 2) negotiations between the City of
Edina and Opus Corporation are to continue regarding ownership of
the golf course, using the information supplied by Mr. Byron to
purchase the golf course at a lower price to the city, if at all
possible. Commissioner Shaw seconded the motion.
Commissioner Faust said she has a hard time envisioning an
office building so close to a golf course.
Commissioner Byron pointed out that the spacial separation
between the existing buildings and the residential landowners is
far greater than the space between landowners and the proposed
office building.
Commissioner Hale proposed an amendment to the motion that
would read that the most northerly portion of the proposed building
be constructed in line with the setback lines of the buildings
immediately east and west of the proposed building. The setback
line will be drawn diagonally. This amendment will move the
building farther back from the golf course. Amendment accepted.
Commissioner Hale Aye
Commissioner Faust Nay
Commissioner McClelland Aye
Commissioner Runyan Aye
Commissioner Shaw Aye
Commissioner Byron Nay
Chairman Johnson Aye
The motion carried, 5-2.
Z-91-5:
COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
SEPTEMBER 4, 1991
STAFF REPORT
Preliminary Rezoning R-1, Single Family
to POD-2, Planned Office District.
Normandale Golf Area, Tract R, RLS No.
1050.
S-91-5 Preliminary Plat Approval, Registered
Land Survey
Generally Located:
East of State Highway 100 and north of
West 77th Street. (Normandale Golf
Course).
The subject property comprises approximately 27 acres and is
developed with a 9 hole, par 3 golf course. The only building on
the site is a small club house located near 77th street.
The owners of the property have submitted a request to rezone a
portion of the site, 6.2 acres, to POD-2, Planned Office District
to permit the construction of a 5 story, 106,000 square foot office
building. The proposed building would provide 480 parking spaces.
In connection with the requested rezoning the proponents are
requesting a change in the Comprehensive Plan designation from
Quasi -Public to Office for this 6.2 acre tract, and to Public for
the balance.
The balance of the existing golf course property is proposed to be
acquired by the City. A purchase agreement to acquire the course
has been negotiated by the City Manager at the direction of the
Mayor and Council. The City plans to redevelop the site in
combination with Lake Edina Park as a new municipal golf course.
A copy of the city council staff report is attached. Access to the
course would be from Parklawn Avenue. Ken Rosland, City Manager,
will attend the Commission meeting to provide additional
information on the proposal.
Land Use/Comprehensive Plan
The entire golf course is currently designated Quasi -Public which
is a land use designation for private golf courses, private
schools, churches, and cemeteries. The proposed designation of
office allows business and professional office uses and medical
offices. The golf course would be designated public which is the
designation used for all public parks. Parcels to the immediate
east and west of the proposed office site are zoned for and
developed with office buildings. The proposed designation is
consistent with existing development. The redeveloped golf course
would continue to serve as a buffer for residential properties
north of the course.
Zoning Compliance
As proposed, the development of the 6.2 acre site would comply
with all zoning Ordinance standards and requirements. Parking
quantity, parking setbacks, building setbacks, and floor area ratio
all comply with Ordinance requirements. The proposed site plan
illustrates a 70 foot building setback along the north and north
west property lines. The setback provided corresponds to the
height of the building as required by the Ordinance.
Subdivision
The proponents have submitted a preliminary plat which would
subdivide the proposed office site from the balance of the
property. The subdivision will allow the sale of the balance of
the golf course to the City. The proposed subdivision complies
with the requirements of the City's subdivision ordinance.
Recommendation
The proposed development is similar to the one considered by the
Planning Commission and City Council in 1984-85. However, at that
time the ultimate disposition and ownership of the balance of
course was not decided. Public ownership means the buffer between
the residential area and the office -industrial park will be
preserved.
Development of the West 77th Street portion of the site for an
office use is logical since adjacent properties are developed as
office uses. The proposed office building complies with all
requirements of the POD-2 district.
Staff recommends approval of the requested Comprehensive Plan
Amendment, subdivision approval, and preliminary rezoning.
Approval should be conditional on Final Rezoning and Final Plat
Approval.
9/17/91
PURCHASE AGREEMENT
THIS AGREEMENT is made as of , 1991, between
NORMANDALE GOLF, INC., a Minnesota corporation ("Seller") and the CITY OF
EDINA, a Minnesota municipal corporation ("Buyer").
In consideration of this Agreement, Seller and Buyer agree as follows:
1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to
buy from Seller, the following property (collectively, "Property"):
1.1 Real Property. The real property located in the City of Edina, Hennepin
County, Minnesota, described on the attached Exhibit A ("Land")
together with all improvements ("Improvements") constructed or
located on the Land (collectively the "Real Property").
1.2 Personal Property. All of the personal property owned by Seller and
situated in, on, or about the Real Property and used by Seller to operate
or maintain the golf course on the Land, including without limitation,
that described on the inventory attached to this Agreement as Exhibit B
("Personal Property").
2. Purchase Price and Manner of Payment. The total purchase price
("Purchase Price") to be paid for the Property shall be $1,200,000.00. The Purchase
Price shall be payable as follows:
2.1 $10,000.00 as earnest money ("Earnest Money") which Earnest Money
shall be held by Seller in accordance with this Agreement.
2.2 The balance by wire transfer of good funds on the Closing Date.
3. Contingencies. The obligations of Buyer under this Agreement are
contingent upon each of the following:
3.1 Contingencies for Benefit of Seller:
3.1.1 Comprehensive Plan Amendment. Buyer shall have amended
its Comprehensive Plan to show the real property adjoining the
Land and described on the attached Exhibit C (the "Retained
Area") as a potential office development site for a building or
buildings of not more than four (4) stories in height and not
more than 110,000 square feet of gross floor area (as defined in
the Zoning Ordinance of Buyer) in the aggregate for all buildings
on the Retained Area.
3.1.2 Zoning. Buyer shall have granted preliminary approval to the
rezoning of the Retained Area to Subdistrict POD-1, so that Seller
can construct on the Retained Area a building or buildings with
a total maximum aggregate for all buildings of not more than
110,000 square feet of gross floor area (as gross floor area is
defined in the Zoning Ordinance of Buyer).
3.1.3 Land Division. Buyer and Hennepin County, Minnesota shall
have approved for recording and taxation purposes a division of
the Land from the Retained Area on terms acceptable to Seller,
one of which terms shall be that Seller shall not be required to
pay any monies or make any dedications to Buyer in connection
with such division in satisfaction of any park or open space, or
similar, dedication requirements. Seller agrees that Buyer, as a
condition to approval by Buyer of any such division (whether by
plat, registered land survey, or otherwise) may require the Seller
to execute and deliver the storm sewer easement referred to at
paragraph 4.1.8 hereof.
3.1.4 Representations and Warranties. The representations and
warranties of Buyer contained in this Agreement must, if true to
Seller's knowledge and belief, be true now and Buyer must again
confirm them in writing on the Closing Date as being true and
correct on the Closing Date.
3.2 Contingencies For Benefit of Buyer:
3.2.1 Representations and Warranties. The representations and
warranties of Seller contained in this Agreement must, if true to
Buyer's knowledge and belief, be true now and Seller must again
confirm them in writing on the Closing Date as being true and
correct on the Closing Date.
3.2.2 Title. Title shall have been found acceptable, or been made
acceptable, in accordance with the requirements and terms of
Section 6 below.
3.2.3 Access and Inspection. Seller shall have allowed Buyer, and
Buyer's agents, access to the Real Property without charge and at
all reasonable times for the purpose of Buyer's investigation and
testing the same. Seller shall make available to Buyer and
Buyer's Agents without charge copies of all plans and
-2
specifications, records, maps, soil tests, engineering studies,
inventories, environmental reports, permits and
correspondence in Seller's possession relating to Hazardous
Substances affecting the Property; and the right to interview
employees of Seller who may have knowledge of such matters.
Buyer shall pay all costs and expenses of such investigation and
testing, shall restore the Real Property to as nearly as possible the
condition it was in immediately prior to such investigation and
testing, and shall hold Seller and the Real Property harmless
from all costs and liabilities relating to the Buyer's activities.
Buyer shall have been satisfied with the results of all tests and
investigations performed by it or on its behalf.
3.2.4 Government Approvals. Buyer shall have obtained at its sole
cost and expense on or before the Closing Date all final
governmental approvals necessary in Buyer's sole judgment, in
order to construct on the Land, and use the Property for, the golf
course desired by Buyer. Seller shall cooperate in all reasonable
respects with Buyer in obtaining such approvals, and shall
execute such applications, permits and other documents as may
be requested by Buyer in connection therewith which do not
create encumbrances on, or adversely affect the title to, the
Property, all without cost to Seller.
3.2.5 Street Easement. Buyer shall have obtained, on terms and
conditions acceptable to Buyer, an easement for public street and
utility purposes from Parklawn Avenue east of the Land to the
clubhouse to be constructed on the eastern end of the Land.
3.2.6 Financing. Buyer shall have obtained, from the sale of bonds or
other source determined by Buyer, on terms and conditions
acceptable to Buyer, an amount determined by Buyer, in its sole
discretion, to be necessary and sufficient, in Buyer's sole opinion,
to fund the purchase pursuant hereto of the Property and the
construction of the golf course intended to be constructed on the
Land by Buyer.
3.2.7 Clubhouse. Buyer shall have obtained such funds or
commitments as Buyer shall deem necessary and acceptable for
financing of and/or for construction on the Land of certain
improvements desired by Buyer to serve the golf course desired
by Buyer to be constructed on the Land.
The "Contingency Date" shall be October 1, 1991. If any contingency in 3.1 hereof or
3.2 hereof has not been satisfied on or before the Contingency Date or Closing Date,
as the case may be, then this Agreement may be terminated by notice from Seller to
Buyer as to contingencies in 3.1, and from Buyer to Seller as to contingencies in 3.2,
which notice shall be given not more than five days after the Contingency Date or
Closing Date as the case may be. Upon termination, the Earnest Money shall be
released to Buyer and upon return, neither party will have any further rights or
obligations regarding this Agreement or the Property. All the contingencies in 3.1
are specifically for the benefit of the Seller, and the Seller shall have the right to
waive any contingency by written notice to Buyer. All the contingencies in 3.2 are
specifically for the benefit of the Buyer, and the Buyer shall have the right to waive
any contingency by written notice to Seller. The foregoing notwithstanding, it is
agreed that waiver of the contingency of 3.1.3 shall require the written approval of
both Buyer and Seller, and that Buyer also may terminate this Agreement in the
manner above provided if the contingency at 3.1.3 is not satisfied on or before the
Contingency Date.
Seller understands and agrees that Buyer shall have no obligation or
duty to take any action or make any decision so as to satisfy any or all of the
contingencies at 3.1 or 3.2, but Buyer has and retains all of its municipal authority
relating to such contingencies. If Buyer should fail or refuse, for any reason, to act or
decide in a way that would satisfy all of such contingencies, such failure or refusal
shall not be deemed a default under this Agreement, but Seller's sole and exclusive
remedy and relief shall be termination of this Agreement for non -satisfaction of
such contingency, or waiver of such contingency, as provided in this Section 3.
4. Cl . The closing of the purchase and sale contemplated by this
Agreement (the "Closing") shall occur on October 1, 1991, or such earlier date that
Buyer may designate by notice to Seller (the "Closing Date"). The Closing shall take
place at 9:00 a.m. local time at the office selected by Buyer. Seller agrees to deliver
possession of the Property to Buyer on the Closing Date.
4.1 Seller's Closing Documents. On the Closing Date, Seller shall execute
and deliver to Buyer the following (collectively, "Seller's Closing
Documents"), all in form and content reasonably satisfactory to Buyer:
4.1.1 Deed. A Limited Warranty Deed conveying the Real Property to
Buyer, free and clear of all encumbrances, except the Permitted
Encumbrances hereafter defined.
4
4.1.2 Bill of Sale. A Warranty Bill of Sale conveying the Personal
Property to Buyer, free and clear of all encumbrances except
Permitted Encumbrances.
4.1.3 Original Documents. Originals or copies of all permits, maps,
surveys, environmental reports and studies, plans and
specifications, soil tests, engineering studies, and similar
documents for the Property in Seller's possession.
4.1.4 FIRPTA Affidavit. A non -foreign affidavit, properly executed,
containing such information as is required by Internal Revenue
Code Section 1445(b)(2) and its regulations.
4.1.5 Owner's Duplicate Certificates of Title. The owner's duplicate
certificate of title regarding the Real Property. Buyer will request
the office of the Registrar of Titles, Hennepin County,
Minnesota, to issue a residue certificate of title to Seller for the
Retained Area unless a separate certificate is issued for the
Retained Area pursuant to the plat or Registered Land Survey
referred to in paragraph 5.4 hereof.
4.1.6 Well Certificate. A Well Certificate in the form required by
Minn. Stat. § 103I.
4.1.7 Storage Tanks. If the Property contains or contained a storage
tank, an affidavit with respect thereto, as required by Minn. Stat.
§ 116.48.
4.1.8 Storm Sewer Easement. A grant to Buyer of a perpetual,
non-exclusive easement for storm sewer purposes in
substantially the form and content of, and over, under and
across, the portion of the Retained Area described in, the
easement attached hereto as Exhibit D and made a part hereof, if
not then already given to Buyer, pursuant to paragraph 3.1.3
hereof.
4.1.9 Temporary Access Easement. A grant to Buyer of a temporary
easement over and across the East 20 feet of the Retained Area
for access to and from the Land from and to the public street
along the South line of the Retained Area. This easement shall
last for six months from the date thereof, and shall be for use by
Buyer, and its employees, agents and contractors, and their
trucks and equipment. Buyer shall restore the easement area to
-5
as nearly as possible the condition it was in immediately before
use thereof pursuant to the easement, and shall hold Seller
harmless from liability due to use of such easement.
4.1.10 Representations and Warranties. Written confirmation that the
warranties of Seller contained in this Agreement are true and
correct as of the Closing Date. Seller shall have no liability for
failure to reconfirm warranties, if Seller, in good faith, believes
such warranties not to be true on the Closing Date; provided,
however, nothing shall release Seller from liability for
representations and warranties made herein prior to the Closing
Date. If Seller fails to reconfirm all such warranties, Buyer, at its
option, may terminate this Agreement in the same manner, and
with the same effect and result, as termination for failure to
satisfy a contingency in Section 3 hereof. The five day period in
which this Agreement can be terminated shall begin on the date
of such failure of Seller to reconfirm.
4.1.11 Wells. An agreement of Seller to seal the well on the Land, if
requested by Buyer pursuant to, or required by the statute or
rules and regulations referred to in, paragraph 8.1.9 hereof.
4.1.12 Other Documents. All other documents reasonably determined
to be necessary to transfer the Property to Buyer free and clear of
all encumbrances pursuant to the provisions hereof.
4.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute
and deliver to Seller the following (collectively, "Buyer's Closing
Documents"):
4.2.1 Purchase Price. Funds representing the Purchase Price, by wire
transfer of good funds and the payment by Buyer pursuant to 5.4
hereof.
4.2.2 Representations and Warranties. Written confirmation that the
warranties of Buyer contained in this Agreement are true and
correct as of the Closing Date. Buyer shall have no liability for
failure to reconfirm warranties, if Buyer, in good faith, believes
such warranties not to be true on the Closing Date; provided,
however, nothing shall release Buyer from liability for
representations and warranties made herein prior to the Closing
Date. If Buyer fails to reconfirm all such warranties, Seller, at its
option, may terminate this Agreement in the same manner, and
6
with the same effect and result, as termination for failure to
satisfy a contingency in Section 3 hereof. The five day period in
which this Agreement can be terminated shall begin on the date
of such failure of Buyer to reconfirm.
4.2.3 Other Documents. All other documents reasonably determined
to be necessary to evidence of record the retention of the
Retained Area by Seller.
5. Prorations. Seller and Buyer agree to the following pro -rations and
allocation of costs regarding this Agreement:
5.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title
Evidence, the Title Policy and the fees charged by Title for any escrow
required regarding Buyer's Objections. Seller and Buyer will each pay
one-half of any closing fee or charge imposed by the title company.
5.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection
with this transaction.
5.3 Real Estate Taxes and Special Assessments.
5.3.1 Real Estate Taxes. Real estate taxes against the Real Property
payable in 1991 and all prior years shall be paid in full by Seller
on or before Closing. Real estate taxes against the Real Property
payable in 1992 shall be prorated as of the Closing Date, and
Seller shall pay on or before Closing that part thereof prorated to
the period from January 1, 1992, to and including the Closing
Date, and Buyer shall pay the balance thereof when due. If, at
time of Closing, the real estate taxes payable in 1992 is not
known, the amount of such taxes shall be determined by the
Buyer in its sole discretion. The pro rata share of the real estate
taxes payable in 1992, to be paid by Seller, shall be paid by Seller
to Buyer at Closing and Buyer shall be responsible for paying the
taxes against the Real Property payable in 1992 when due. Seller
and Buyer understand that the Real Property and the Retained
Area are presently one tax parcel, and if, at time of Closing they
are yet one parcel and the real estate taxes have not been divided
between them, then the real estate taxes to be paid by Seller on or
before, or at, Closing shall include those payable in 1991 and
prior years with respect to the Real Property and the Retained
Area. As to real estate taxes payable in 1992, Seller shall pay to
Buyer at Closing only Seller's pro rata share of those taxes
7
attributable to the Real Property as reasonably determined by
Buyer.
5.3.2 Special Assessments. All special assessments levied or pending
against all or any part of the Real Property as of the Closing shall
be paid in full by Seller on or before the Closing. If the amount
of the pending assessments are not known at Closing, such
amount shall be determined by Buyer, in its sole discretion, and
such amount shall be paid by Seller to Buyer at Closing, and
Buyer shall be responsible for paying such assessments when
due. Buyer agrees that no special assessments shall be levied by
Buyer against the Retained Area due to the division of the land
pursuant to paragraph 5.4 hereof, or the development by Buyer
of a goif course on the Land.
5.3.3 Additional Taxes. Anything herein to the contrary
notwithstanding, it is understood and agreed that the Real
Property and the Retained Area are now valued and assessed
under Minnesota Statutes, § 273.112, that Buyer assumes full risk
of the imposition against the Real Property of additional taxes
pursuant to said § 273.112, and if such additional taxes are
imposed against the Real Property, Seller shall have no
obligation to pay the same, and that Seller assumes full risk of
the imposition against the Retained Area of additional taxes
pursuant to said § 273.112, and if such additional taxes are
imposed against the Retained Area, Buyer shall have no
obligation to pay the same.
5.4 Plat or R.L.S. All charges for preparation of, review of, and filing and
recording of, a plat or Registered Land Survey to divide the Land from
the Retained Area shall be paid by Seller, except that at Closing, Buyer
shall pay to Seller one-half of the actual costs paid by Seller to a
surveyor to prepare the plat or Registered Land Survey.
5.5 Other Costs. All other operating costs of the Property shall be allocated
between Seller and Buyer as of the Closing Date, so that Seller pays that
part of operating costs payable before the Closing Date, and Buyer pays
that part of operating costs payable from and after the Closing Date.
5.6 Attorney's Fees. Each of the parties will pay its own attorney's fees,
except that a pa. defaulting under this Agreement or any Closing
Document will p,y the reasonable attorney's fees and court costs
incurred by the nondefaulting party to enforce its rights hereunder.
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6. Title Examination. Title Examination will be conducted as follows:
6.1 Seller's Title Evidence. Seller shall, within twenty (20) days after the
date of this Agreement, furnish the following (collectively, "Title
Evidence") to Buyer:
6.1.1 A commitment ("Title Commitment") for an ALTA Form B
1970 Owner's Policy of Title Insurance insuring title to the Real
Property, deleting standard exceptions and including affirmative
insurance regarding contiguity, appurtenant easements and such
other matters as may be identified by Buyer, in the amount of
the Purchase Price, issued by Title Insurance Company of
Minnesota ("Title").
6.1.2 A plat or registered land survey conforming to the requirements
of the Ordinance No. 804 of the Buyer and the then statutes and
regulations of the State of Minnesota and the County of
Hennepin showing the Land and the Retained Area as separate
lots or tracts so that the Land can be described by reference to
Tract R, Registered Land Survey No. 1050, except, however, the
property described by reference to the new plat or registered land
survey of the Retained Area; provided, however, if Hennepin
County will not accept such description for filing and recording
purposes, then Seller shall prepare such plat or registered land
survey as is required by Hennepin County, and acceptable to
Buyer, for division of the Land and the Retained Area.
6.1.3 A survey prepared by a registered land surveyor licensed to
practice in Minnesota showing the Real Property, the boundaries
thereof, the location of all buildings and easements thereon, and
such other information and containing such matters as set forth
in Exhibit E attached hereto and made a part hereof.
6.2 Buyer's Objections. Within twenty (20) days after receiving the last of
the Title Evidence, Buyer will make written objections ("Objections")
to the form and/or contents of the Title Evidence. Buyer's failure to
make Objections within such time period will constitute waiver of
Objections but only for purposes of this Agreement; it shall not be a
waiver of any rights or objections Buyer may have as a municipality to
approve or disapprove of plats or subdivisions pursuant to its
ordinances or applicable state statutes. The encumbrances listed on
Exhibit A hereto and any matter shown on such Title Evidence and not
9
objected to by Buyer shall be a "Permitted Encumbrance" hereunder.
Seller will have 60 days after receipt of the Objections to cure the
Objections, during which period the Closing will be postponed, if
necessary. Seller shall use all reasonable efforts (without expenditure
of funds in excess of $10,000.00 as contemplated by paragraph 6.2.2) to
correct any Objections. If the Objections are not cured within such 60-
day period, Buyer will have the option to do any of the following:
6.2.1 Terminate this Agreement and receive a refund of the Earnest
Money without interest.
6.2.2 Withhold from the Purchase Price an amount, not to exceed
$10,000.00, which, in the reasonable judgment of Title, is
sufficient to assure cure of the Objections. Any amount so
withheld will be placed in escrow with Title, pending such cure.
If Seller does not cure such Objections within ninety (90) days
after such escrow is established, Buyer may then cure such
Objections and charge the costs against, and only against, the
escrowed amount. The parties agree to execute and deliver such
documents as may be reasonably required by Title to create such
escrow, and Seller agrees to pay the charges of Title to create and
administer the escrow.
6.2.3 Waive the objections and proceed to close.
6.3 Title Policy. Seller will furnish to Buyer at Closing a title policy ("Title
Policy") issued by Title pursuant to the Title Commitment, or a suitably
marked -up Title Commitment, initialed by Title undertaking to issue a
Title Policy in the form required by the Title Commitment as approved
by Buyer.
7. Operation Prior to Closing. Seller shall execute no contracts, leases
or other agreements regarding the Property during the period from the date of
Seller's acceptance of this Agreement to the Closing Date that are not terminable on
or before the Closing Date, without the prior written consent of Buyer, which
consent may be withheld by Buyer at its sole discretion.
8. Representations and Warranties.
8.1 Seller represents and warrants to Buyer as follows:
8.1.1 Existence; Authority. Seller is duly organized, qualified and in
good standing, and has the requisite power and authority to
- 10 -
enter into and perform this Agreement and Seller's Closing
Documents; such documents have been duly authorized by all
necessary action; such documents are valid and binding
obligations of Seller, and are enforceable in accordance with their
terms, except to the extent enforceability may be limited by
bankruptcy, debt arrangement, moratorium, insolvency or other
laws of general application, and equitable principles affecting the
enforcement of creditors' rights in general.
8.1.2 Leases and Contracts. Except for Permitted Encumbrances, there
are no leases or contracts regarding the Property which will bind
the Property or any owner of the Property beyond the Closing
Date, and except for Permitted Encumbrances, no persons other
than Buyer shall have any possessory rights of all or any part of
the Property after the Closing Date.
8.1.3 Operations. Seller has received no notice of actual or threatened
cancellation or suspension of any utility services or certificate of
occupancy for any portion of the Real Property.
8.1.4 Agents and Employees. No management agents or other
personnel employed in connection with the operation of the
Property have the right to continue such employment after the
Closing Date. There are no claims for brokerage commission or
other payments with respect to the existing Property, including
leases, which will survive and remain unpaid after the Closing
Date.
8.1.5 Environmental Laws. To the best knowledge of Seller: (i) no
toxic or hazardous substances or wastes, pollutants or
contaminants (including, without limitation, asbestos, urea
formaldehyde, the group of organic compounds known as
polychlorinated biphenyls, petroleum products including
gasoline, fuel oil, crude oil and various constituents of such
products, and any hazardous substance as defined in any state,
local or federal law, regulation, rule, policy or order relating to
the protection of the environment) (collectively, "Hazardous
Substance") have been generated, treated, stored, transferred
from, released or disposed of, or otherwise placed, deposited in
or located on the Property; (ii) no activity has been undertaken
on the Property that would cause or contribute to the Property
becoming a treatment, storage or disposal facility within the
meaning of, or otherwise bring the Property within the ambit of,
- 11 -
any state, local or federal law, regulation, rule, policy or order
relating to the protection of the environment; (iii) no discharge,
release or threatened release of Hazardous Substances has
occurred from the Property; (iv) there are no Hazardous
Substances or conditions in or on the Property that may support
a claim or cause of action under any state, local or federal law,
regulation, rule, policy or order relating to the protection of the
environment; and (v) the Property never has been used as
landfill, dump, disposal or storage site for Hazardous Substances.
8.1.6 Seller's Defaults. Seller is not in default concerning any of its
obligations or liabilities regarding the Property which creates, or
will create, a lien or charge against any portion of the Property or
against Buyer as an owner of the Property.
8.1.7 FIRPTA. Seller is not a "foreign person", "foreign partnership",
"foreign trust" or "foreign estate", as those terms are defined in
Section 1445 of the Internal Revenue Code.
8.1.8 Proceedings. There is no action, litigation, investigation,
condemnation or proceeding of any kind pending or threatened
against Seller which is related to or involves any portion of the
Property.
8.1.9 Wells. Seller represents that there is one "Well" within the
meaning of Minn. Stat. § 103I on the Property, and in connection
therewith Seller delivers to Buyer, and Buyer acknowledges
receipt of, the Minnesota Well Disclosure Statement attached
hereto as Exhibit F.
8.1.10 Storage Tanks. To the best knowledge of Seller, no above
ground or underground tanks are located in or about the
Property, or have been located under, in or about the Property
and have subsequently been removed or filled.
8.1.11 Reports. Seller has delivered to Buyer copies of all permits,
maps, environmental reports and studies, plans and
specifications, soil tests, engineering studies and similar
documents relating to the Property which are in the possession
of Seller.
Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer,
its successors and assigns, harmless from, any expenses or damages, including
-12-
reasonable attorneys' fees, that Buyer incurs because of the breach of any of the
above representations and warranties, whether such breach is discovered before or
after Closing. Except as herein expressly stated, Buyer is purchasing the Property
based upon its own investigation and inquiry and is not relying on any
representation of Seller or other person and is agreeing to accept and purchase the
Property "as is, where is" subject to the conditions of examination herein set forth
and the express warranties and representations herein contained.
8.2 Buyer represents and warrants to Seller as follows:
8.2.1 Existence; Authority. Buyer is duly organized municipal
corporation under the laws of Minnesota, and has the requisite
power and authority to enter into and perform this Agreement
and Buyer's Closing Documents; such documents have been
duly authorized by all necessary action; such documents are
valid and binding obligations of Buyer, and are enforceable in
accordance with their terms, except to the extent enforceability
may be limited by bankruptcy, debt arrangement, moratorium,
insolvency or other laws of general application, and equitable
principles affecting the enforcement of creditors' rights in
general.
Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller,
its successors and assigns, harmless from, any expenses or damages, including
reasonable attorneys' fees, that Seller incurs because of the breach of any of the
above representations and warranties, whether such breach is discovered before or
after Closing.
9. Casualty; Condemnation. If all or any part of the Property is
substantially damaged by fire, casualty, the elements or any other cause, Seller shall
immediately give notice to Buyer, and Buyer shall have the right to terminate this
Agreement and receive back all Earnest Money, without interest, by giving notice
within thirty (30) days after Seller's notice is given. If Buyer shall fail to give the
notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all
rights to insurance proceeds resulting from such event. If eminent domain
proceedings are threatened or commenced against all or any part of the Property,
Seller shall immediately give notice to Buyer, and Buyer shall have the right to
terminate this Agreement and receive back all Earnest Money, without interest, by
giving notice within thirty (30) days after Seller's notice if given. If Buyer shall fail
to give the notice, then the parties shall proceed to Closing, and Seller shall assign to
Buyer all rights to appear in and receive any award from such proceedings.
- 13 -
10. Broker's Commission. Seller and Buyer represent to each other
that they have dealt with no other brokers, finders or the like in connection with
this transaction, and each agrees to indemnify and hold the other harmless from all
claims, damages, costs or expenses of or for any other such fees or commissions
resulting from their respective actions or agreements regarding the execution or
performance of this Agreement, and will pay all costs of defending any action or
lawsuit brought to recover any such fees or commissions incurred by the other
party, including reasonable attorneys' fees.
11. Assignment. Neither party may assign its rights under this
Agreement without the prior written consent of the other party. Any such
assignment will not relieve the assigning party of its obligations under this
Agreement.
12. Survival. All of the terms of this Agreement and warranties and
representations herein contained shall survive and be enforceable after the Closing.
13. Notices. Any notice required or permitted hereunder shall be
given by personal delivery upon an authorized representative of a party hereto; or if
mailed in a sealed wrapper by United States registered or certified mail, return
receipt requested, postage prepaid; or if transmitted 1 facsimile copy followed by
mailed notice; or if deposited cost paid with a nationally recognized, reputable
overnight courier, properly addressed as follows:
If to Seller:
If to Buyer:
Normandale Golf, Inc.
c/o James L. Tucker, Attorney at Law
P. O. Box 150
Minnetonka, MN 55440
Fax #: (612) 938-3346
4802 West 50th Street
Edina, Minnesota 55424
Attn: City Manager
Fax #: (612) 927-7645
Notices shall be deemed effective on the earlier of the date of receipt or the date of
mailing, transmittal or deposit, as aforesaid; provided, however, that if notice is
given by mailing, transmittal or deposit, the time for response to any notice by the
other party shall commence to run one business day after any such mailing,
transmittal or deposit. Any party may change its address for the service of notice by
giving notice of such change 10 days prior to the effective date of such change.
-14-
14. Miscellaneous. The paragraph headings or captions appearing in
this Agreement are for convenience only, are not a part of this Agreement, and are
not to be considered in interpreting this Agreement. This written Agreement
constitutes the complete agreement between the parties and supersedes any prior
oral or written agreements between the parties regarding the Property. There are no
verbal agreements that change this Agreement, and no waiver of any of its terms
will be effective unless in a writing executed by the parties. This Agreement binds
and benefits the parties and their successors and assigns. This Agreement has been
made under the laws of the State of Minnesota, and such laws will control its
interpretation.
15. Remedies. If Buyer defaults under this Agreement, Seller shall
have the right to terminate this Agreement by giving written notice to Buyer. If
Buyer fails to cure such default within 15 days of the date of such notice, this
Agreement will terminate, and upon such termination Seller will retain the Earnest
Money as liquidated damages, time being of the essence of this Agreement. The
termination of this Agreement and retention of the Earnest Money will be the sole
remedy available to Seller for such default by Buyer, and Buyer will not be liable for
damages or specific performance. If Seller defaults under this Agreement, this
provision does not preclude Buyer from seeking and recovering from Seller
damages for nonperformance or specific performance of this Agreement.
16. Withdrawal of Offer. This Agreement shall be deemed to be
withdrawn, unless accepted by Seller, and a fully executed counterpart of this
Agreement returned to Buyer on or before the closing of business on the fifth
business day after, but not including, the date of signature of Buyer below stated.
Seller and Buyer have executed this Agreement as of the date first
written above.
NORMANDALE GOLF, INC.
By
Its
Date of Signature And
Its
,19 SELLER
-15-
CITY OF EDINA
By
Its Mayor
Date of Signature And
Its Manager
,19_ BUYER
-16-
EXHIBIT A
("Land")
Tract R, Registered Land Survey No. 1050, Files of the Registrar of Titles, County of
Hennepin, Minnesota, except, however, that part of said Tract R described as
follows:
Subject to (Permitted Encumbrances):
1. Snow fence easements as described in Book 358 of Miscellaneous Records,
Page 16, and in Book 366 of Miscellaneous Records, Page 121.
EXHIBIT B
("Personal Property")
- 18 -
EXHIBIT C
("Retained Area")
- 19 -
EXHIBIT D
(Storm Sewer Easement)
EASEMENT FOR STORM SEWER
THIS INSTRUMENT, made as of the day of , 1991,
by and between NORMANDALE GOLF, INC., a Minnesota corporation ("Grantor")
and the CITY OF EDINA, a municipal corporation organized under the laws of the
State of Minnesota ("City").
WITNESSETH;
That the Grantor, in consideration of One and No/100 Dollars ($1.00)
and other good and valuable consideration, to it in hand paid by the City, the receipt
and sufficiency of which is hereby acknowledged by Grantor, does grant, bargain,
sell, convey and warrant to the City a non-exclusive easement in perpetuity for
underground storm sewer and drainage system purposes, and including the right of
the City and its contractors, agents and representatives, to enter for the purpose of
installing, constructing, maintaining, altering, repairing, reinstalling and
reconstructing an underground storm sewer and drainage system, including,
without limitation, underground pipes, surface catch basins, man holes, storm
sewer grates and openings and other surface and underground appurtenances to
service and maintain the underground system, in, under, over and across the
property situate in the County of Hennepin and State of Minnesota, legally described
on Exhibit I attached hereto and hereby made a part hereof.
In the event it is necessary for the City to remove, injure or destroy any
landscaping, trees, sodding, sprinkler systems, irrigation systems, driveways,
walkways, curbs or similar items or improvements in connection with the
permitted use or uses of the easement as granted hereby, the City, without cost or
charge to Grantor, shall restore, replace or repair such improvements to the
condition as existed immediately prior to such removal, injury or destruction to the
extent reasonably possible; provided, however, that trees removed or destroyed in
excess of three inches caliper may be replaced by City with trees of at least two inches
caliper.
Grantor agrees that it shall not construct any buildings or other
structures which would materially interfere with the use of the easement granted
hereby to City. The easement granted hereby shall not be deemed to prohibit
Grantor from installing within the easement area (i) landscaping, irrigation systems,
driveways, walkways, signs and curbs (in accordance with all applicable laws and
ordinances); and (ii) structures other than those listed at (i) above, provided that
such installation is done in accordance with all applicable laws and ordinances and
such structures do not materially interfere with the normal use and enjoyment of
the easement area by City. The Grantor also understands and agrees that City has no
duty to maintain any such installations made by or for Grantor and now or hereafter
within the easement area granted hereby. If Grantor, in connection with such
installation, shall remove, injure or destroy any of the underground or surface
portions of the storm sewer and drainage system then on or under the easement
area, Grantor, without cost or charge to City, shall restore, replace or repair such
system to the condition as existed immediately prior to such removal, injury or
destruction to the extent reasonably possible.
The provisions hereof shall run with the land and shall be binding on,
and inure to the benefit of, Grantor and City, and their respective successors and
assigns.
IN WITNESS WHEREOF, the party of the first part has caused this
instrument to be duly executed the day and year first above written.
NORMANDALE GOLF, INC.
By
Its
And
Its
-2-
STATE OF )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 19 , by and , the
and respectively, of NORMANDALE GOLF,
INC., a Minnesota corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX
THIS INSTRUMENT WAS DRAFTED BY:
DORSEY & WHITNEY (TSE)
2200 First Bank Place East
Minneapolis, MN 55402
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EXHIBIT I
(To Storm Sewer Easement)
That part of Tract R, Registered Land Survey No. 1050, Files of the Registrar of Titles,
Hennepin County, Minnesota, described as follows.
Commencing at the most Southerly Southeast corner of said Tract R, said point also
being the Southwest corner of Tract A, Registered Land Survey No. 1218, Files of the
Registrar of Titles, Hennepin County, Minnesota; thence West along the South line
of said Tract R 10.00 feet; thence North parallel with the West line of said Tract A
338.98 feet; thence West 36.00 feet; thence North parallel with the West line of said
Tract A 10.00 feet; thence East 36.00 feet to a point on a line 10.00 feet West of and
parallel with the West line of said Tract A; thence North parallel with the West line
of said Tract A 134.93 feet; thence East 10.00 feet to point on the Northerly extension
of the West line of said Tract A; thence South along the West line of said Tract A
and its Northerly extension 483.91 feet to the most Southerly Southeast corner of
said Tract R, the point of commencement, and there terminating.
4
EXHIBIT E
(Survey Requirements)
These items are to be included and shown on the survey:
1. The complete and correct legal description of the Land as shown on the title
insurance commitment or preliminary title report.
2. The location of all recorded easements and unrecorded easements
ascertainable by an inspection of the Land, which benefit or burden the Land.
(Note: All recorded easements are to be identified by a document recording
number or other document reference.)
3. The location of all adjoining streets, roads, highways and alleys, with names,
rights -of -way widths and distances from the Land noted.
4. The location of public access to the Land.
5. A directional indicator.
6. The street address of any existing improvements, if known.
7. The dimensions of the Land and the dimensions and locations of existing
improvements as measured in both directions from property lines.
8. Location of walkways, if any.
9. Location of ingress and egress (curb cuts and driveways).
10. The perimeter dimensions of existing improvements.
11. Interior lot lines, if any.
12. The location of existing connections and on site utility and service lines for
natural gas, electricity, water, and sanitary and storm sewers.
13. The area of the Land.
14. The boundaries of the Land, with directions and distances of the boundary
lines and showing discrepancies, if any, between measured, platted and
recorded directions and distances.
1
15. The following certification of surveyor.
"I certify to [insert names of Buyer, Seller, and Title] and to their heirs,
successors and assigns, that I have surveyed, on the ground, the
property legally described hereon; that said legal description is correct,
complete and accurate; that this plat of survey is true and correct in all
respects; that the size, dimensions and locations of all of the boundaries
of the property (including the directions and distances of all boundary
lines, and any discrepancies between measured, platted and recorded
directions and distances), buildings and other improvements, recorded
and visible unrecorded easements, streets, roads, means of public
access, rights -of -way, and utility lines and connections which affect said
property are correctly and accurately shown hereon; and that there are
no encroachments, overlaps, gaps, easements, streets, roads,
rights -of -way or improvements which affect the property, which are
not shown hereon."
,19
(Seal)
NAME]
SIGNATURE]
2-
Dated this day of
[LICENSED SURVEYOR'S
By [ORIGINAL
•
MINNESOTA DEPARTMENT OF HEALTH
WELL DISCLOSURE CERTIFICATE EXHIBIT F
PLEASE TYPE ALL INFORMATION
A. PROPERTY SELLER INFORMATION
B.
Seller's last name , , , , 1 1 1
Date of closing the sale . , , 1 ,
MMDDYY
PROPERTY DESCRIPTION
Total number of wells
Attach a legal description of property in addition to the applicable property
information requested below.
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
House number Street name
1 1 1 1 1_1 1 1 1 1 1 1_ 1 1_ 1 1 1 1 1 1 1
City Zip code
If applicable.
1 1 1 1 1 1 1
Addition name
L 1_ 1 1 1 1 1 1 1_ 1 1 1
C. PROPERTY BUYER INFORMATION
1 1 1 1 1 1
Block number
1 1 1 1 1 1 1
Type Direction
1 1 1 1 1 1
Lot number
1 1 1 1 1 1 1 1 L , 1 1 1 y1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 '1
First name MI Last name
1 1 1 1 1 L 1 1 1 1 l 1 L 1 1 I 1 L 1 1 1 1 1 L 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Company name if applicable
1 1 1 1 1 1 1 1 1 1 L 1 1 1 1 1 1 1_ 1 1 1 1 1 1 1 1_ 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Address
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1_ 1 1 1 1 1 1 1 1 L 1 1 1 1 1 1 1 1 1 1 1 1 1
Address
City
Phone number
D. CERTIFICATION BY SELLER
I certify that the Information provided on this certificate is emirate and complete to the bast of my knowledge.
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
State Zip code
Signature of Seiler or Designated Representative of Salter pate
E. CERTIFICATION BY BUYER
In the absence of a seller's signature, the buyer, or parson authorized to act on behatf of the buyer may sign this wag alrcneate. No
signature is required by the buyer If it . seller has signed above.
Based on disdoeurs Information provided to me by the seller or other ',reliable information, I certify tat the information provided above
is accurate and oompiete to the beet of my knowledge.
Signature of Burr or Designated Rsprssantanve of Buyer Date
F. CONTRACT FOR DEED PROPERTY TRANSFERS DEED ONLY
The buyer, or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all warranty deeds given in
fulfillment of a contract for deed. If there w no known wells on the property, check the boa below.
El 1 certify that I know of no wells on the property described herein.
Signature of Buyer or Designated Represamatve of Buyer bats
AMIftr
Special Report
to the City Council
Normandale Golf Course
5 August 19)1
AUGUST- 14, 1991
Special Reporr to the City Council
.Vonnanaale Golf Course
I. Introduction
This report responds to Council direc-
tion to the City Manager to explore
agreements with interested parties
leading to the Citv's purchase and im-
provement of the Normandale Golf
Course.
Normandale Golf Course is a private
business owned and operated by mem-
bers of the Rauenhorst family. The
course was originally created to pro-
vide a recreational diversion for the of-
fice workers popuiating the sprawling
office park developed by Dunn Sc
Curry during thc late 1950's and 60's.
Because thc Rauenhorsts are no
longer interested in owning this land,
now is an opportune time for the City
to consider acquiring it. This report
describes all facets of the acquisition
and improvement of the course and its
environs.
If the Council decides to proceed,
bonds would be sold in 1991 so con-
struction could begin in 1992 with a
grand rc-opening of the new Edina
Normandale Public Golf Course in
Spring 1993.
i
i
Special Report to the City Councu
\ omtunaale Golf Course
II. Purchase Agreements
Purchase agreements so far negotiated
with the Rauenhorsts provide that the
City purchase, for $1.2 million. 22 of
the approximately 23 acres comprising
Normandale Golf Course. The remain-
ing six acres, located along the souther-
ly portion of the property, would be
retained by the Rauenhorsts for future
office development.
The Rauenhorsts propose to build a
five -story office building with ap-
propriate parking facilities and set -
hacks requiring no variances.
Addendum A details the layout.
In order to allow such development.
the agreements oblige the City to
amend the comprehensive plan to
allow office development on the land
retained by the Rauenhorsts. In addi-
tion, the City would grant preliminary
approval for rezoning of the retained
acreage to subdistrict POD-2. This
rezoning allows construction of an of-
fice building with a maximum of
110,000 square feet of gross floor area.
The Raucnhorsts would prepare and
present plans to the Planning Commis-
sion and Council in conformance with
conventional planning procedures.
Of interest is that the Raucnhorsts are
currently negotiating with the U.S.
Postal Service which is interested in
locating a new post office in the area.
If these negotiations succeed and a
new post office is built on the site
retained by the Rauenhorsts. the five -
story building proposed for the six -
acre property adjacent to the golf
course would be withdrawn.
The purchase agreements further re-
quire the Opus Corporation to build
and donate to the City a 4,000-square-
foot clubhouse with a value of
$300,000. Half of the square footage
would be basement level cart and
equipment storage. Addendum B
presents design and construction high-
lights. The clubhouse would be built
on City property located near the Lake
Edina water pumping station. Adden-
dum B shows locations of the facilities.
The $300,000 clubhouse donation
reduces the net cost of the total golf
course purchase to $900,000, or ap-
proximately 94 cents per square toot.
During construction of the proposed
new course layout. berms would he
built and trees planted along the nor-
theriv boundary of the property
retained by the Raucnhorsts so that fu-
ture development would he screened
by mature trees and berms.
i
i
Special Report to rile City Councti
.Vorntanaaie Gulf Course
III. Easement Agreements with
the Shidler Group
In order to obtain access to the
proposed new clubhouse. an easement
must be secured from the Shidler
Group, owners of the property lying to
the east of the Lake Edina pumping
station just south of the Fidelity State
Bank building, the most logical loca-
tion for an access drive. The Shidler
Group has agreed to give the City this
casement under the following condi-
tions:
1. The City build a public driveway as indicated on the Golf
Course Overall Master Plan (Addendum 131:
2. The City prepare plans for reconstruction of a storm water
drainage system:
3. The City move trees lying within the easement area to new
locations:
4. The City pay reasonable attorneys' fees incurred by the Shidler
Group in connection with the granting of this easement: and.
3. The City maintain this driveway, including snow -plowing.
i
Special Report to the City Council
Vormandale Golf Course
IV. Golf Course Redesign
As evidenced in the Gulf Course Over-
all Master Plan (Addendum B),
redesign of the golf course would in-
volve blending present acreage of Lake
Edina Park and water pump site with
the present 22-acre golf course.
Playground equipment would be relo-
cated to the north-easterly side of the
park. and the tennis courts would be
removed. A small new parking lot
would be built to serve playground
users. Kellogg Avenue would be made
into a cul-de-sac. The entire area be-
tween Kellogg and Parklawn Avenues
would be fenced.
The course itself would consist of nine
holes with total yardage as follows:
Back tees . . . 2,095 yards
Middle tees . . 1,760 yards
Front tees . . . 1,515 yards
Total par 31
The redesigned course would be uni-
que in the Metropolitan area because
each green would he exceptionally
large and have two pin placements —
one with a difficult approach. the other
with a simple, less challenging, ap-
proach. Golfers could play a myriad of
demanding or relaxing combinations —
from long tees to difficult pin place-
ments. from short tees to simple
placements — or any of these mixtures.
Please note that all holes would be ul-
timately designed so that backyards of
West Shore Drive and Sedum Lane
neighbors are not threatened by wildly
hit golf balls. There are no relatively
close parallel holes to hack property
lines.
i
i
Special Report to the Ctv Council
.\'onnunaale Golf Coarse
V. Financial Aspects
Purchase
A detailed financial analysis (Adden-
dum C) suggests that the City sell $2.25
million in bonds with a 30-year retire-
ment schedule. The proceeds would
be used as follows:
$1.200.000 Purchase of property
$200.000 Road. parking lot and sanitary sewer
connection from Kellogg Avenue
$50,000 Clubhouse equipment
$75,000 Maintenance equipment
$700.000 Redevelopment of the
golf course
$2.225,000 Total
The analysis implies that losses would
occur until 2009, at which time the
coursc would become "profitable"
after paying bond retirement and
operations costs.
The assumptions made in this analysis
are appropriate when compared with
the use enjoyed and Ices charged by
Metro area golf courses as shown in
the tables on the next pages.
i
i
Special Reoon to the City Cuuiicii
Vonnanaale Gulf Course
1991 Par 3 and Executive Golf Courses
Estimated Rounds Played
Minneapolis/St. Paul Metropolitan Area
COURSE LOCATION ROUNDS
Brightwood Hills New Brighton J8,000
Brookland G.C. Golden Valley 30,000
Bunker Hills Exec Coon Rapids '5,000
Cedar Hills Eden Prairie 21.000
Chaska Par 3 Chaska 29.000
New Hope Village New Hope 41,000
Normandale Edina -15 000
Rich Acres Par 3 Richfield 33 000
Roseville Cedarholm Roseville 38 000
Theodore Wirth Par 3 Minneapolis 33 500
i
Special Report to the City Council
.`'onnanaale Golf Course
1991 Par 3 and Executive Greens Fees
Minneapolis/St. Paul Metropolitan Area
COURSE LOCATION YARDS COST/WEEKEND
Baker Park 9 Exec. Medina 1433 S6.50/$7 0()
Braemar Golf Edina 1629 $6.50
Brightwood Hills New Brighton 1556 S5.50/$7.50
Brookland Exec. 9 Brooklvn Park 1862 S6.50/$7.00
Bunker Hills Exec. Coon Rapids 2300 S7 OO
Cedar Hills Eden Prairie 1300 57.50/$8.50
Cedarholm Roseville 1342 $S 25
Centerbrook G.C. Brooklyn Center 1479 S650
Chaska Par 30 Chaska 1648 S5.00/$5.50
Cleary Lake G.C. Prior Lake 1656 S6.00
Country View St. Paul 1368 55.75/S6.00
Elm Creek
par 34 18-hole Golden Valley 2777 58.00/$10.00
par 30 18-hole 2681 S8.00/$10.0O
French Lake Osseo 1432 $6.50
Hayden Hills Champlin 1436 $6 0O
Kate Haven G.C. Circle Pines 1663 S6.00/$7.00
Hyland Outside Bloomington 1560 $6.5()
Hyland Inside Bloomington 1250 S5.5O
Maple Hills St. Paul 1270 S5.75
Majestic Oaks
9 Hole Exec. Blaine 1795 $6.50/$7.00
Mendota Hts. Mendota Hts. 1277 S6.00
New Hope Villaue New Hope 1395 S6.00
Normandale 1990 Edina 1575 $5.50
Oak Glens
semi -private Stillwater 1738 S1260
Orchard Gardens Burnsville 1527 S7.00
Orono G.C. Wayzata 2139 $7.00
Red Oak G.C. Mound 1188 $5.5056.00
Rich Acres Par 3 Richfield 1137 $5.5()
Theodore Wirth 9 Minneapolis 1240 $6 25
Woodbury G/F Woodbury 1250 $5.75
i
i
Special Report to the Citv Council
.Vonnandale Golf Course
Operations
Because the City is presently in the
golf course business. certain
economies of scale are available to
operate the proposed course in a high-
ly resourceful fashion. For example.
all maintenance equipment would be
maintained at the large, weal -equipped
Braemar maintenance facility, general
storage for day-to-day use would be at
the new clubhouse. Overall manage-
ment would be provided by current
Braemar staff. It is anticipated that no
new full-time employees would be
needed.
VI. Associated Issues
U.S. Army Corps of
Engineers Permit
The City met with Barr Engineering
regarding the necessity of applying for
an U.S. Army Corps of Engineers wet-
lands permit. Barr advises that this
permit is not required if Less than one
acre is filled. Present plans call for less
than one acre of filling.
Minnesota Open
Space Property Tax
Law
A special (and successful) effort was
made this year to change Minnesota
statutes. Section 273.112. regarding the
Minnesota open space property tax
law.
This statute encourages development
and retention of private outdoor,
recreational. open space and park
land. 1Cdoes this by taxing such land
solely with reference to its recreation-
al. open space and park land classifica-
tion. and not to its development
potential. The statute goes on to state
that when the property ceases to
qualify for the lower value treatment
(when. for example. it is sold for
development), additional taxes (based
on the actual bona tide sale price) can
be levied but only for the then last
seven years of the lower value treat-
ment.
The property does not cease to qualify
for the tower value treatment if it is
i
i
sold to private persons so long as the
open space or park use is maintained.
But. ironically. the property does cease
to qualify if it is sold to
a governmental entity_
such as the State of
Minnesota. County of
Hennepin. or any city.
even if the open space
or park is maintained.
Once the property is
acquired by a
governmental entity
and used for a public
purpose. it is exempt
from taxation. Such ex-
emption. however.
does not relieve the
governmental entity
from the obligation for
taxes unpaid on thc
property at time of ac-
quisition, and the Com-
missioner of Finance
can withhold the un-
paid taxes from any
funds thereafter to be
distributed by thc State
to that governmental
entity.
The statute hindered
acquisition of open
space and park areas
by governmental en-
tities for public use but
not for private use.
The statute was
changed by the 1991
legislature to correct
this problem and to
allow the City to pur-
chase recreational
property without being
liable for taxes based
on the sale price of the
land.
The revising bill read
as follows:
Special Rcoort to the City Council
.\"onnanaale Golf Course
A Bill for an Act.
relating to taxation: property; not re-
quiring payment of additional taxes
when open space property is acquired
by the state of Minnesota, or political
subdivision, agency or instrumentality
thereof; amending Minnesota Statutes
1990, section 273.112. by adding a sub-
division.
BE IT ENACTED BY THE LEGIS-
LATURE OF THE STATE OF MIN-
NESOTA:
Section 1. Minnesota Statutes 1990,
section 273.112, is amended by adding
a subdivision to read:
Subd. 7b. Notwithstanding
subdivision 7 when real
property ceases to qualify
under subdivision 3 because it
is acquired by the State of
Minnesota_ or a political
subdivision_ or agency or
instrumentality thereof_ and
which will be used for a public
purpose_ payment of the
additional taxes imposed
under 16 subdivision 7 is not
required. (emphasis added)
Section 2. [EFFECTIVE
DATE]: Section 1 is effective
for the additional taxes oil
property acquired after June I,
J991,
i
i
Special Report to the City Council
.Vonnanaale Golf Course
VII. Conclusion
Although the City of Edina has never
before bought land through the
Recreational Facilities bond program.
this project appears to be an ideal use
of such financing for the following
reasons:
1. The neighbors would be once -and -for -all protected from
encroachment from office or other high density development:
2. Kellogg Avenue would be made into a cul-de-sac. augmenting
safety and solitude for the neighborhood:
3. Playground equipment would be moved closer to the residential
area:
4. Softball playing, which has from time to time. created noise
problems for residential neighbors, would no longer exist at this
site. The opening of the new softball complex at Van
Valkenburg Park makes this shift possible:
5. Valuable open space would be preserved: and.
6. The City would gain a first class executive golf facility and
continue to meet demands for golf opportunities.
i
110
Special Report to the City Council
,Vonnanaaie Golf Course
VIII. Recommendation
Staff recommends that the Council act to:
1. Authorize the selling of $2.25 million in Recreational Facilities
bonds to purchase the above described land from the
Rauenhorsts for $1.2 million:
2. Accept Opus Corporation's offer to build and donate a new
clubhouse as described above:
3. Authorize the redesign of course as described above:
4. Build a new public driveway on an easement provided by the
Shidler Group: and.
5. Commit to rezone to POD-2 the land retained by the
Rauenhorsts.
i
J11
Special Report to the City Council
:Vonnandale Golf Course
IX. Addenda
A Rauenhorst Office Building Proposed Plan
B Golf Course Overall Master Plan
C Normandale Golf Course Financial Analysis
i
53.80 ADDENDUM A
7j. `9 --%7{.
S33/11 5t111SIX3
•
4
la
Ica
70' SETBACK
..1204 73.91 41
Alb
12tiul-91
Projections for Normanaaie
Cescnotions
ADDENDUM. C
Assumption Year 1
1993 1994 1995 1996 1997 1998 1999 20C
INCOME: `
Rounds 20.000 20,000 25,000 25,000 30,000 31,500 33.075 34,72
Greens Fee $8.00 58.50 59.00 59.50 310.00 510.50 511.00 511.5
Revenue 160,000 170,000 225,000 237,500 300,000 320,750 363,825 399.3E
Concessions 5.00% 14,000 14,700 15,435 16,207 17,017 17,868 18,761 19,69
Carts 200% 3,276 3,342 3,408 3,477 3,546 3,617 3,689 3,76_
Total Revenue 177,276 188,042 243,843 257,183 320,563 352,235 386,276 422.84
Cescnotions
Assumption Year 1
1993 1994 1995 1996 1997 1998 1999 20C
Supt w/oenents 4.00% 35,000 36.400 37,856 39,370 40,945 42,583 44,286 46,05.
Seasonal - 3 (156 days) 4.00% 26,208 27,256 28,347 29,480 30,660 31,886 33,161 34,48
MAINTENANCE
Chemicals/Fertilizer 7.00% 10,000 10,700 11,449 12,250 13,108 14,026 15,007 16,05'
Salaries 4.00% 18,300 19,032 19,793 20,585 21,408 22,265 23,155 24,08:
CLUBHOUSE:
Part-time Manager 4.00% 10,000 10,400 10,816 11,249 11,699 12,167 12,653 13,15E
Seasonal - 3 (156 days) 4..00% 22464 23,363 24,297 25,269 26,280 27,331 28,424 29,56
Phone/Utilities 3.00% 10,000 10,300 10,609 10,927 11,255 11,593 11,941 12,29:
Dues/Licenses/Etc. 1.00% 650 657 663 670 676 683 690 697
Advertising 0.00% 3,400 3,400 3,400 3,400 3,400 3,400 3,400 3,40C
Maintenance 5.00% 1,000 1,050 1,103 1,158 1,216 1,276 1,340 1,407
Supplies 3.00% 4200 4,326 4,456 4,589 4,727 4,869 5,015 5,165
Cart Lease 2.00% 1,800 1,836 1,873 1,910 1,948 1,987 2,027 2.06E
Cost or Sales 5.00% 4,900 5,145 5, 402 5, 672 5,956 6,254 6, 566 6,895
Total Expenses
Descnotions
REVENUE
EXPENSES
147,922 1 53, 864 1 60,063 166,530 173,278 130,319 137,667 195,336
Assumption Year 1
Yo 1993 1994 1995 1996 1997 1998 1999 2000
177,276 188,042 243,843 257,183 320,563 352.235 386,276 422,846
147,922 153.864 160,063 1 66,530 173.278 180,319 187,667 195,336
OPERATING INCOME 29,354 34,177 83,780 90,653 147,285 171,916 198,609 227,510
DEBT SERVICE (24) 82,500 170,418 170,418 223,685 220,193 216,659 213,098 225,451
NET PROFIT/(LOSS) (53,146) (136,240) (86,637) (133,032) (72,907) (44,743) (14,489) 2,060
CUMULATIVE PROFIT!(LOSS) (53,146) (189,386) (276,024) (409,056) (481,963) (526,706) (541,194) (539,135)
12-Jul-91
Projections for Normanoaie
Descriptions
Assumption
0
.DDEC
2001 2002 2003 2004 2005 2006 2007 200E
INCOME:
Rounds 35,000 35,000 35.000 35.000 35.000 35,000 35.000 35.000
Greens Fee 512.00 512.50 513.00 513.50
514.00 $14.50 515.00 $15.5C
Revenue 420,000 437,500 455,000 472,500 490,000 507,520 525,000 542,50C
Concessions 5.00% 20,684 21,719 22.805 23,945 25,142 26,399 27,719 29,105
Carts 200% 3,838 3,915 3,993 4,073 4,155 4238 4,323 4,409
Total Revenue 444,523 463,134 481,798 500,518 519,297 538,137 557,042 576,014
Descriptions
Assumption
0,0
2001 2002 2003 2004 2005 2006 2007 2008
Suptwroenerits 4.00% 47,900 49.816 51.809 53,881 56,036 58,278 60,609 63.033
Seasonal - 3 (156 days) 4.00% 35,867 37,302 38.794 40,346 41,960 43,638 45,384 47,199
MAINTENANCE
Chemicais/rertiiizer 7.00% 17,182. 18,385 19,672 21,049 22.522 24,098 25.785 27.590
Salaries 4.00% 25,045 26,047 27,088 28,172 29,299 30,471 31,690 32,957
CLUBHOUSE:
Part-time Manaoer 4.00% 13,686 14,233 14,802 15,395 16,010 16,651 17,317 ,J9 Seasonal - 3 (156 days) 4.00% 30,744 31,973 23.252 34,582 35.966 37,404 38,900 40,456
Phonerutiirties 3.00% 12,668 13,048 13,439 13,842 14,258 14,685 15,126 15,580
Dues/Licenses/Etc. 1.00% 704 711 718 725 732 740 747 755
Advertising 0.00% 3,400 3,400 3,400 3,400 3,400 3,400 3,400 3,400
Maintenance 5.00% 1,477 1,551 1,629 1,710 1,796 1,886 1,980 2,079
Supplies 3.00% 5,320 5,480 5,644 5,814 5,988 6,168 6,353 6.543
Cart Lease 2.00% 2.109 2,151 2.194 2.238 2.283 2,328 2.375 2.423
Cost or Sales 5.00% 7,240 7,602 7,982 8,381 8.800 9,240 9,702 10,187
Total Expenses 203.341 211,698 220.424 229,535 239,049 248,987 259,367 270,212
Assumption
Descriptions ao 2001 2002 2003 2004 2005 2006 2007 2008
REVENUE
EXPENSES
OPERATING INCOME
DEBT SERVICE (24)
NET PROFIT/(LOSS)
444,523 463,134 481,798 500,518 519.297 538,137 557,042 576,014
203,341 211,698 220,424 229,535 239,049 248,987 259,367 270,212
241,181 251,435 261,374 270,983 280,247 289,150 297,674 305,802
220,696 215,887 211,043 216,787 211,114 205,381 199,606 204,422
20,486 35,548 50,331 54,197 69,133 83,769 98,068 101,381
CUMULATIVE PROFIT/(LOSS) (518,649) (483,101) (432.770) (378,573) (309,440) (225.671) (127,602) (26,222)
12-Ju1-91
Projections for Normanaaie
Descriptions
Assumption
00
JDE`IDL' 1 C
2009 2010 2011 2012 2013 2014 2015 201
INCOME:
Rounds 35,000 35,000 35,000 35.000 35,000 35,000 35,000 35,0C
Greens Fee $16.00 $16.50 $17.00 $17.50 $18.00 518.50 $19.00 $19.5
Revenue 560,000 577,500 595,000 612.500 630,000 647.500 665.000 682,50
Concessions 5.00% 30,560 32,088 33,693 35,377 37,146 39.003 40,954 43,0C
Carts 2.00% 4,497 4,587 4,679 4,773 4,868 4,965 5,065 5,1E
Total Revenue 595.057 614,175 633,372 652,650 672,014 691,469 711,018 730.6E
Descriptions
Assumption
2009 2010 2011 2012 2013 2014 2015 201
Supt w/benefits 4.00% 65,554 68,177 70,904 73,740 76.689 79,757 82.947 86,2E
Seasonai - 3 (156 days) 4.00% 49,087 51,051 53,093 55.216 57,425 59,722 62,111 64,59
MAINTENANCE
ChemicaisiFertdizer 7.00% 29,522 31,588 33.799 36,165 38,697 41,406 44,304 47,40
Salaries 4.00% 34,276 35,647 37,072 38,555 40,098 41,701 43,370 45,10
CLUBHOUSE:
Part-time Manager 4.00% 18,730 19,479 20,258 21,068 21,911 22.788 23.699 24,64;
Seasonal - 3 (156 days) 4.00% 42,075 43,758 45,508 47,328 49,221 51,190 53,238 55,36;
Phone/Utilities 3.00% 16,047 16,528 17,024 17,535 18,061 18,603 19,161 19,73E
Dues/Licenses/Etc. 1.00% 762 770 777 785 793 801 809 817
Advertising 0.00% 3,400 3,400 3,400 3,400 3,400 3,400 3,400 3,40C
Maintenance 5.00% 2,183 2,292 2.407 2,527 2,653 2,786 2,925 3,07:
Suppties 3.00% 6,740 6,942 7,150 7,365 7,586 7,813 8,048 8,28E
Cart Lease 2.00% 2.471 2,520 2,571 2.622 2,675 2.728 2.783 2.83E
Cost of Sales 5.00% 10,696 11,231 11,792 12,382 13,001 13,651 _14,334 15.05C
Total Expenses 281,542 293,382 205,756 318,690 232.210 346,346 361,128 376,587
Assumption
Oescnctions '0 2009 2010 2011 2012 2013 2014 2015 2016
REVENUE
EXPENSES
595,057 614,175 633,372 652,650 672,014 691,469 711,018 730,667
281,542 293,382 305,756 318,690 332,210 346,346 361,128 376,587
OPERATING INCOME 313,515 320,793 327,616 333,960 339,804 345,122 349,890 354,080
DEBT SERVICE (2.4) 197,831 191,215 134,577 193,798 185,878 161,458 153,511 172,636
NET PROFIT/(LOSS) 115,685 129,578 143,039 140,162 153,926 183,664 196,380 181,444
CUMULATIVE PROFIT/(LOSS) 89,463 219,041 352,080 502,242 656,168 839,832 1,036,212 1,217,656
12Jul-91
Projections for Normanaaie
Descriptions
Assumption
2017 2018 2019 2020 2021
�-DDENDIJM C
INCCME:
Rounds 35.000 35.000 35,000 35,000
Greens Fee 35,000
520.00 $20.50 $21.00 321.50 52200
Revenue 700,000 717,500 735,000 752.500 770,000
Concessions 5.00% 45,151 47,409 49,779 52.268 54,882
Carts 2.00% 5,269 5,375 5,482 5,592 5,704
Total Revenue 750,421 770,284 790,262 810.360 630,585
Descriptions
Assumption
2017 2018 2019 2020 2021
Supt w/benefits 4.00% 99,716 93,304 97,036 '00,918 104,955
Seasonal - 3 (156 days) 4.00% 67,179 69,866 72,661 75,567 78,590
MAINTENANCE:
Chemicais/Fertilizer 7.00% 50,724 54,274 58,074 8.2139 66,488
Salaries 4.00% 46,908 48,785 50,736 52,766 54,876
CLUBHOUSE:
Part-time Manager 4.00% 25,633 26,658 27,725 28,834 29,987
Seasonal - 3 (156 days) 4.00% 57,582 59,885 62,281 64,772 67,363
Phone/Utilities 3.00% 20,328 20,938 21,566 22,213 22,879
Dues/Licenses/Etc. 1.00% 825 834 842 850 859
Advertising 0.00% 3,400 3,400 3,400 3,400 3,400
Maintenance 5.00% 3,225 3,386 3,556 3,733 3,920
Supplies 3.00% 8,538 8,794 9,058 9,329 9,609
Cart Lease 2.00% 2.395 2,953 3,012 3,072 3,134
Cost of Sales 5.00% 15,803 16,593 17,423 '8.294 19,209
Total Expenses 392,756 409,671 427,369 45.888 465,269
Descrptions
Assumption
2017 2018 2019 2020 2021
REVENUE 750,421 770,284 790,262 810,360 330,585
EXPENSES 392,756 409,671 427,369 445,888 465,269
OPERATING INCOME 357,664 360,612 3,62,893 364,472 365,316
DEBT SERVICE (24) 163,864 165,693 156,090 146,454 136,818
NETPROFIT/(LOSS) ` 193,801 194,919 206,803 218,018 228,498
CUMULATIVE PROFIT/(LOSS) 1,411,457 1,606,376 1,813,179 2,031,198 2,259,696
6
40
30
‚2:
10
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-20
ADDENDUM C
Normandale Golf Course Projections
Revenues vs. Expenses
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9/17/91
PURCHASE AGREEMENT
(For Easement Agreement)
THIS AGREEMENT is made as of the day of , 1991,
between PENTAGON PARK LIMITED PARTNERSHIP, a Minnesota limited
partnership ("Seller") and the CITY OF EDINA, a Minnesota municipal corporation
("Buyer").
In consideration of this Agreement, and the covenants and agreements
of Buyer and Seller herein, Seller and Buyer agree as follows:
1. Conveyance of Easement. Seller agrees to convey to Buyer, and
Buyer agrees to accept from Seller, pursuant hereto an easement for public driveway
and related purposes in substantially the form and content of, and in, on, over and
across the real property described in, the Easement Agreement attached hereto as
Exhibit A and hereby made a part hereof (the "Easement Agreement").
2. Contingencies. The obligations of Buyer and Seller under this
Agreement are contingent upon each of the following:
2.1 Contingencies for Benefit of Seller:
2.1.1 Representations and Warranties. The representations and
warranties of Buyer contained in this Agreement must be true
now and on the Closing Date as if made on the Closing Date.
2.1.2 Consent of Mortgagee. Seller shall have obtained the consent of
The Fuji Bank Limited, Los Angeles Agency ("Fuji") to the
provisions of this Agreement and the Easement Agreement, and
the agreement of Fuji to sign the Consent and Subordination
attached to the Easement Agreement.
2.2 Contingencies For Benefit of Buyer:
2.2.1 Representations and Warranties. The representations and
warranties of Seller contained in this Agreement must be true
now and on the Closing Date as if made on the Closing Date.
2.2.2 Title. Title shall have been found acceptable, or been made
acceptable, in accordance with the requirements and terms of
Section 5 below.
2.2.3 Access and Inspection. Seller shall have allowed Buyer, and
Buyer's agents, access to the Construction Easement Area and
the Permanent Easement Area (together herein called the
"Easement Areas") as defined in the Easement Agreement,
without charge and at all reasonable times for the purpose of
Buyer's investigation and testing the same. Seller shall make
available to Buyer and Buyer's Agents without charge all plans
and specifications, records, maps, soil tests, engineering studies,
inventories, environmental reports, permits and
correspondence in Seller's known possession relating to
Hazardous Substances affecting the Easement Areas; and the
right to interview employees of Seller who may have knowledge
of such matters. Buyer shall pay all costs and expenses of such
investigation and testing, shall restore the Easement Areas, and
shall hold Seller harmless from all costs and liabilities relating to
the Buyer's activities. Buyer shall have been satisfied with the
results of all tests and investigations performed by it or on its
behalf.
2.2.4 Golf Course. Buyer shall have acquired, on terms and
conditions acceptable to Buyer, fee ownership of that part of
Tract R, Registered Land Survey No. 1050, Files of the Registrar
of Titles, Hennepin County, Minnesota, which Buyer deems
necessary or desirable for development of the golf course
intended to be developed by Buyer on a portion of said Tract R.
The "Contingency Date" shall be October 1, 1991. If any contingency in 2.1 hereof or
2.2 hereof has not been satisfied on or before the Contingency Date or Closing Date,
as the case may be, then this Agreement may be terminated by notice from Seller to
Buyer as to contingencies in 2.1, and from Buyer to Seller as to contingencies in 2.2,
which notice shall be given not more than five days after the Contingency Date or
Closing Date as the case may be, and if not so given such unsatisfied contingencies
shall be deemed waived and this Agreement shall be performed according to its
terms. Upon termination neither party will have any further rights or obligations
regarding this Agreement or the Easement Area. All the contingencies in 2.1 are
specifically for the benefit of the Seller, and the Seller shall have the right to waive
any contingency by written notice to Buyer. All the contingencies in 2.2 are
specifically for the benefit of the Buyer, and the Buyer shall have the right to waive
any contingency by written notice to Seller.
3. Closing. The closing of the purchase and sale contemplated by this
Agreement (the "Closing") shall occur on October 1, 1991, or such earlier date that
Buyer may designate by at least five (5) days prior notice to Seller (the "Closing
Date"). The Closing shall take place at 9:00 a.m. local time at the office selected by
2
Buyer. Seller agrees to deliver possession of the Easement Areas to Buyer on the
Closing Date as provided in, and to the extent required by, the Easement Agreement.
3.1 Seller's Closing Documents. On the Closing Date, Seller shall execute
and deliver to Buyer the following (collectively, "Seller's Closing
Documents"), all in form and content reasonably satisfactory to Buyer:
3.1.1 Easement Agreement. The Easement Agreement in
substantially the form and content of Exhibit A hereto. Seller
also shall cause all mortgagees holding mortgages of record
against all or any part of the Easement Areas to consent to the
Easement Agreement as provided in the Easement Agreement.
3.1.2 FIRPTA Affidavit. A non -foreign affidavit, properly executed,
containing such information as is required by Internal Revenue
Code Section 1445(b)(2) and its regulations, if required by
applicable statutes or rules and regulations.
3.1.3 Owner's Duplicate Certificates of Title. All owner's duplicate
certificates of title necessary to file the Easement Agreement.
3.1.4 Well Certificate. If required by applicable laws and regulations, a
certificate signed by Seller warranting that there are no "Wells"
on the Easement Areas within the meaning of Minn. Stat.
§ 103I, or if there are "Wells," a Well Certificate in the form
required by Minn. Stat. § 103I.
3.1.5 Storage Tanks. If the Easement Areas contain or contained a
storage tank, an affidavit with respect thereto, as required by
Minn. Stat. § 116.48.
3.1.6 Driveway Plan. The Driveway Plan referenced in the Easement
Agreement shall be initialled by Seller.
3.1.7 Other Documents. All other documents reasonably determined
by Buyer to be necessary to transfer the Easement Areas to Buyer
free and clear of all prior encumbrances.
3.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute
and deliver to Seller the following (collectively, "Buyer's Closing
Documents"):
3
3.2.1 Easement Agreement. The Easement Agreement in
substantially the form and content of Exhibit A hereto.
3.2.2 Driveway Plan. The Driveway Plan referenced in the Easement
Agreement shall be initialled by Buyer.
4. Prorations. Seller and Buyer agree to the following pro -rations and
allocation of costs regarding this Agreement:
4.1 Title Insurance and Closing Fee. Buyer will pay all costs of the Title
Evidence and Buyer will pay any closing fee or charge imposed by any
closing agent or by the title company.
4.2 Deed Tax. Buyer shall pay all State Deed Tax payable in connection
with this transaction.
4.3 Real Estate Taxes and Special Assessments.
4.3.1 Real Estate Taxes. Real estate taxes against the Real Property
payable in 1991 and all prior years, and installments of special
assessments payable therewith, shall be paid by Seller on or
before Closing to the extent necessary to allow the Easement
Agreement to be filed of record.
4.4 Attorney's Fees. Buyer shall pay its own attorneys' fees and shall also
pay the reasonable attorneys' fees incurred by Seller in connection with
this Agreement and the consummation and Closing of this
Agreement. Such attorneys' fees incurred by Seller shall be paid within
30 days after receipt by Buyer of invoices or statements therefor with
such supporting records as Buyer may reasonably request. Provided,
however, the immediately preceding sentence notwithstanding, it is
agreed that a party defaulting under this Agreement or any Closing
Document will pay the reasonable attorney's fees and court costs
incurred by the nondefaulting party to enforce its rights hereunder.
5. Title Examination. Title Examination will be conducted as follows:
5.1 Seller's Title Evidence. Buyer may, within twenty (20) days after the
date of this Agreement, obtain the following (collectively, "Title
Evidence"):
5.1.1 A commitment ("Title Commitment") for an ALTA Form B
1970 Owner's Policy of Title Insurance insuring Buyer's
4
easement interest in the Easement Areas, deleting standard
exceptions and including affirmative insurance regarding
contiguity and such other matters as may be identified by Buyer,
in an amount to be determined by Buyer, issued by Title
Insurance Company of Minnesota ("Title").
5.2 Buyer's Objections. Within twenty (20) days after receiving the Title
Evidence, Buyer will make written objections ("Objections") to the
form and/or contents of the Title Evidence. Buyer's failure to make
Objections within such time period will constitute waiver of
Objections. The following matters shall be "Permitted Encumbrances"
hereunder, and shall not be the basis for an Objection: (i) any mortgage
lien on the Easement Areas which is or, by the Consent And
Subordination attached to the Easement Agreement, will be
subordinate to the Easement Agreement; (ii) Tenants of Grantor
Property (as described in the Easement Agreement) whose leases do not
prevent or hinder the full exercise by Buyer of its rights under the
Easement Agreement; and (iii) any matter shown on such Title
Evidence and not objected to by Buyer within said twenty (20) day
period. Seller will have 60 days after receipt of the Objections to cure
the Objections, during which period the Closing will be postponed, if
necessary. Seller shall use its best efforts to correct any Objections.
However, such best efforts shall not require the expenditure by Seller of
more than $5,000.00. If the Objections are not cured within such 60-day
period, Buyer will. have the option to do any of the following:
5.2.1 Terminate this Agreement.
5.2.2 Waive the Objections and proceed to close.
5.3 Title Policy. Buyer will obtain at Closing a title policy ("Title Policy")
issued by Title pursuant to the Title Commitment, or a suitably marked -
up Title Commitment, initialed by Title undertaking to issue a Title
Policy in the form required by the Title Commitment as approved by
Buyer.
6. Operation Prior to Closing. Seller agrees not to execute any
contracts, leases or other agreements during the period from the date hereof to the
Closing Date that affect the Easement Areas and are not terminable as to the
Easement Areas on or before the Closing Date, without the prior written consent of
Buyer, which consent may be withheld by Buyer at its sole discretion. Leases of
Grantor Property (as defined in the Easement Agreement) which do not prevent or
hinder the full exercise by Buyer of its rights under the Easement Agreement shall
not be a violation of the provisions of this paragraph.
7. Representations and Warranties.
7.1 Seller represents and warrants to Buyer as follows:
7.1.1 Existence; Authority. Seller is duly organized, qualified and in
good standing, and has the requisite power and authority to
enter into and perform this Agreement and Seller's Closing
Documents; such documents have been duly authorized by all
necessary action; such documents are valid and binding
obligations of Seller, and are enforceable in accordance with their
terms except to the extent enforceability may be limited by
bankruptcy, debt arrangement, moratorium, insolvency or other
laws of general application, and equitable principles affecting the
enforcement of creditor's rights in general.
7.1.2 Leases and Contracts. There are no leases, contracts or mortgages
c _ating any rights in the Easement Areas which will prevent or
hinder the full exercise by Buyer of its rights under the Easement
Agreement and which will extend beyond the Closing Date
except those which have been or will be subordinated to the
Easement Agreement, and no persons other than Seller have
any possessory rights of all or any part of the Easement Areas.
7.1.3 Environmental Laws. To the best knowledge of the present
employees of Seller and its property manager, the
Lambert/Shidler Investment Corporation, an Illinois
corporation, no toxic or hazardous substances or wastes,
pollutants or contaminants (including, without limitation,
asbestos, urea formaldehyde, the group of organic compounds
known as polychlorinated biphenyls, petroleum products
including gasoline, fuel oil, crude oil and various constituents of
such products, and any hazardous substance as defined in ny
state, local or federal law, regulation, rule, policy or order
relating to the protection of the environment) (collectively,
"Hazardous Substance") have been generated, treated, stored,
transferred from, released or disposed of, or otherwise placed,
deposited in or located on the Easement Areas, nor has any
activity been undertaken on the Easement Areas that would
cause or contribute to the Easement Areas becoming a treatment,
storage or disposal facility within the meaning of, or otherwise
6
bring the Easement Areas within the ambit of, any state, local or
federal law, regulation, rule, policy or order relating to the
protection of the environment. There has been no discharge,
release or threatened release of Hazardous Substances from the
Easement Areas. To the best knowledge of the present
employees of Seller and its property manager, the
Lambert/Shidler Investment Corporation, there are no
Hazardous Substances or conditions in or on the Easement
Areas that may support a claim or cause of action under any
state, local or federal law, regulation, rule, policy or order
relating to the protection of the environment. The Easement
Areas are not now, and to the best knowledge of Seller never
have been, listed on any list of sites contaminated with
Hazardous Substances, nor used as landfill, dump, disposal or
storage site for Hazardous Substances.
7.1.4 Seller's Defaults. Seller is not in default concerning any of its
obligations or liabilities regarding the Easement Areas.
7.1.5 FIRPTA. Seller is not a "foreign person", "foreign partnership",
"foreign trust" or "foreign estate", as those terms are defined in
Section 1445 of the Internal Revenue Code.
7.1.6 Proceedings. There is no action, litigation, investigation,
condemnation or proceeding of any kind pending or threatened
against Seller or any portion of the Easement Areas.
7.1.7 Wells. Seller certifies and warrants that the Seller does not
know of any "Wells" on the Easement Areas within the
meaning of Minn. Stat. § 103I. This representation is intended to
satisfy the requirements of that statute.
7.1.8 Storage Tanks. No above ground or underground tanks are
located in or about the Easement Areas, or have been located
under, in or about the Easement Areas and have subsequently
been removed or filled.
7.1.9 Reports. Seller has delivered to Buyer copies of all permits,
maps, environmental reports and studies, plans and
specifications, soil tests, engineering studies and similar
documents relating to the Easement Areas which are in the
known possession of Seller.
Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer,
its successors and assigns, harmless from, any expenses or damages, including
reasonable attorneys' fees, that Buyer incurs because of the breach of any of the
above representations and warranties, whether such breach is discovered before or
after Closing. Except as herein expressly stated, Buyer is acquiring the easement
interest in the Easement Areas based upon its own investigation and inquiry and is
not relying on any representation of Seller or other person and is agreeing to accept
the Easement Areas "as is, where is" subject to the conditions of examination herein
set forth and the express warranties and representations herein contained.
Consummation of this Agreement by Buyer with knowledge of any such breach by
Seller will not constitute a waiver or release by Buyer of any claims due to such
breach.
7.2 Buyer represents and warrants to Seller as follows:
7.2.1 Existence; Authority. Buyer is duly organized municipal
corporation under the laws of Minnesota, and has the requisite
power and authority to enter into and perform this Agreement
and Buyer's Closing Documents; such documents have been
duly authorized by all necessary action; such documents are
valid and binding obligations of Buyer, and are enforceable in
accordance with their terms except to the extent that
enforceability may be limited by bankruptcy, debt arrangement,
moratorium, insolvency or other laws of general application,
and equitable principles affecting the enforcement of creditor's
rights in general.
Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller,
its successors and assigns, harmless from, any expenses or damages, including
reasonable attorneys' fees, that Seller incurs because of the breach of any of the
above representations and warranties, whether such breach is discovered before or
after Closing.
8. Broker's Commission. Seller and Buyer represent to each other that
they have dealt with no other brokers, finders or the like in connection with this
transaction, and agree to indemnify and hold each other harmless from all claims,
damages, costs or expenses of or for any other such fees or commissions resulting
from their actions or agreements regarding the execution or performance of this
Agreement, and will pay all costs of defending any action or lawsuit brought to
recover any such fees or commissions incurred by the other party, including
reasonable attorneys' fees.
8
9. Assignment. Neither party may assign its rights under this
Agreement without the prior written consent of the other party. Any such
assignment will not relieve the assigning party of its obligations under this
Agreement.
10. Survival. All of the terms of this Agreement and warranties and
representations herein contained shall survive and be enforceable after the Closing.
11. Notices. Any notice required or permitted hereunder shall be
given by personal delivery upon an authorized representative of a party hereto; or if
mailed in a sealed wrapper by United States registered or certified mail, return
receipt requested, postage prepaid; or if transmitted by facsimile copy followed by
mailed notice; or if deposited cost paid with a nationally recognized, reputable
overnight courier, properly addressed as follows:
If to Seller:
If to Buyer:
The Shidler Group
4600 W. 77th Street
Suite 300
Minneapolis, Minnesota 55435
Attn: Stuart J. Zook, Senior Vice
President/Asset Management
Fax #: (612) 835-1507
4802 West 50th Street
Edina, Minnesota 55424
Attn: City Manager
Fax #: (612) 927-7645
Notices shall be deemed effective on the earlier of the date of receipt or the date of
mailing, transmittal or deposit, as aforesaid; provided, however, that if notice is
given by mailing, transmittal or deposit, the time for response to any notice by the
other party shall commence to run one business day after any such mailing,
transmittal or deposit. Any party may change its address for the service of notice by
giving notice of such change 10 days prior to the effective date of such change.
12. Miscellaneous. The paragraph headings or captions appearing in
this Agreement are for convenience only, are not a part of this Agreement, and are
not to be considered in interpreting this Agreement. This written Agreement
constitutes the complete agreement between the parties and supersedes any prior
oral or written agreements between the parties regarding the Easement Areas.
There are no verbal agreements that change this Agreement, and no waiver of any
of its terms will be effective unless in a writing executed by the parties. This
-9
Agreement binds and benefits the parties and their successors and assigns. This
Agreement has been made under the laws of the State of Minnesota, and such laws
will control its interpretation.
13. Remedies. If Buyer defaults under this Agreement, Seller shall
have the right to terminate this Agreement by giving written notice to Buyer. If
Buyer fails to cure such default within 15 days of the date of such notice, this
Agreement will terminate. The termination of this Agreement will be the sole
remedy available to Seller for such default by Buyer, and Buyer will not be liable for
damages or specific performance. However, termination will not affect the Buyer's
obligation to pay attorneys' fees under Section 4.4 hereof. If Seller defaults under
this Agreement, this provision does not preclude Buyer from seeking and
recovering from Seller damages for nonperformance or specific performance of this
Agreement.
14. Withdrawal of Offer. This Agreement shall be deemed to be
withdrawn, unless accepted by Seller, and a fully executed counterpart of this
Agreement returned to Buyer on or before the closing of business on the fifth
business day after, but not including, the date of signature of Buyer below stated.
15. Transfer In Lieu of Condemnation. Buyer hereby states that if it
had become necessary, it would have acquired the Easement Areas by exercise of the
right of eminent domain, and that acquisition by this Agreement is in lieu of such
exercise of the right of eminent domain.
Seller and Buyer have executed this Agreement as of the date first
written above.
PENTAGON PARK LIMITED
PARTNERSHIP
Date of Signature
By
, 19 Its General Partner
SELLER
- 10 -
CITY OF EDINA
By
Its Mayor
Date of Signature And
Its Manager
19_ BUYER
- 11 -
EXHIBIT A
("Easement Agreement")
9/17/91
EXHIBIT A
("Easement Agreement")
EASEMENT AGREEMENT
This Agreement made as of the day of , 1991, by
and between PENTAGON PARK LIMITED PARTNERSHIP, a Minnesota limited
partnership ("Grantor") and the CITY OF EDINA, a Minnesota municipal
corporation (the "City")
RECITALS:
A. The City owns the property legally described on Exhibit I attached
hereto and hereby made a part hereof (the "City Property") upon which is intends to
construct a golf course and other recreational amenities.
B. Grantor owns the property lying East and South of the City Property
and legally described on Exhibit II attached hereto and hereby made a part hereof
(the "Grantor Property") and it is necessary and desirable for the City to obtain a
driveway easement over the Grantor Property for use by the public, giving access to
and from the City Property from and to the public streets.
C. Grantor is willing to grant such public driveway easement, and
easements necessary to construct the same, over the Grantor Property, on the terms
and conditions below now out.
NOW, THEREFORE, for and in consideration of the covenants and
agreements herein set out, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by Grantor and City, the Grantor
and City hereby agree as follows:
1. Grant of Easements. Grantor does hereby grant, bargain, warranty
and convey to City the following easements:
1.1 Permanent Easement; Termination. A permanent, non-exclusive
easement in, on, over and across that part of the Grantor Property
described on Exhibit III attached hereto and hereby made a part hereof
(the "Permanent Easement"). This easement shall be used for public
ingress to and egress from the City Property on the west end thereof,
from and to the public street on the east end thereof. Such use may be
by vehicle or on foot. This easement shall terminate if the City
Property ever ceases to be used for public recreational purposes. Use of
the City Property as open space or as a passive park for such uses as
walking and quietude, shall be deemed public recreational purposes for
purposes of this Agreement.
1.2 Construction Easement. A temporary non-exclusive easement in, on,
over, across and under the tract of land described on Exhibit IV attached
hereto and hereby made a part hereof (the "Construction Easement").
This easement shall be used by the City, and its employees, contractors,
subcontractors, agents and representatives to perform and do the
Construction Work (below defined) subject, however, to the provisions
of paragraphs 4.7 and 4.9 hereof. This easement shall expire and
terminate automatically on the first anniversary of the date of this
Agreement.
1.3 Non -Exclusive; Exceptions. The Permanent Easement and the
Construction Easement (herein sometimes together called the
"Easements") are non-exclusive, and shall be used by the public in
common with Grantor, and tenants of the Grantor Property, and their
respective guests and invitees.
2. Construction Work. City agrees to do the following work (the
"Construction Work") in, on and under the area within the Construction Easement
(the "Construction Easement Area"):
2.1 Driveway. Construct a driveway on the area within the Permanent
Easement (the "Permanent Easement Area") in substantial compliance
with the material provisions of the plan (the "Driveway Plan")
prepared by the City Engineering Staff entitled "Driveway Plan," dated
, 1991 and initialled by the City and Grantor, and hereby
made a part hereof, and the following specifications:
2.1.1 Mat. Install a geotextile fabric mat on the subsurface of the
driveway.
2.1.2 Gravel. Place six to twelve inches (as determined appropriate by
City to establish a road bed similar to that of a low volume
residential street in the City) of gravel over the fabric mat.
2.1.3 Bituminous. Place at least two inches of bituminous cover over
the gravel.
2.1.4 Elevation. The elevation of the driveway (not including,
however, the bituminous curb) shall not be higher, at the time
of initial construction, than the elevation of those parts of the
parking lots which immediately adjoin the Permanent Easement
2
2.8 Drain Pipe. Install a pipe in the northwest corner of Tract A, R.L.S.
No. 1218, files of the Registrar of Titles, Hennepin County, Minnesota,
to drain surface water now normally collecting in the parking lot in
that corner. The pipe will be installed so that said surface water will
drain to the north onto the City Property. Such pipe will be of a PVC
type, will be not greater than twelve inches in diameter, will be
installed underground but with the south end at ground level, and
otherwise will be installed pursuant to a design determined by City.
Once the pipe is installed, City will repair and restore the Grantor
Property to as nearly as possible the condition it was in immediately
prior to installation of the pipe. City makes no representations or
warranties of any kind as to the continuing effectiveness of said drain
pipe, and City shall have no liability or obligation of any kind to
Grantor for failure of said pipe to drain surface water from said Tract A,
or any other property. City shall have a temporary easement as
provided in paragraph 4.6 hereof to install such pipe, subject, however,
to the provisions of paragraphs 4.7 and 4.9 hereof.
3. Cost, Timing and Progress of Construction Work.
3.1 Cost. All of the Construction Work shall be done by City without cost
or charge to Grantor. No special assessments shall be levied against the
Grantor Property as a result of the Construction Work, or as a result of
the acquisition by City of the City Property or the construction thereon
of a golf course. However, it is understood and agreed that Grantor
may incur some costs and expenses due to or as a result of this
Agreement or the doing by City of the Construction Work, and that
none of such costs and expenses shall be an obligation of or be paid or
payable by City, except as provided in paragraph 5.1 and Section 8
hereof.
3.2 Timing and Progress. City shall determine the exact timing and
progress of the Construction Work. However, City plans to commence
the Construction Work in the Spring of 1992. Notice shall be given to
Grantor prior to such commencement. The Construction Work shall
be done so that at all times at least 50% of the parking spaces along and
adjacent to the Construction Easement Area shall remain useable
during the Construction Work.
4. Maintenance Work.
4.1 Definition. For purposes hereof, "Maintenance Work" shall mean any
repair, maintenance, snow removal, reconstruction, reinstallation,
4
on the North and South sides thereof. The bituminous curb will
most likely be higher than elevation of the portions of the
parking lots which immediately adjoin the driveway, but cuts
will be made in the curb, at time of construction, to provide
drainage of surface waters from any then existing low spots on
said parking lots.
2.2 Storm Sewer. Construction of a storm water sewer system in and
under the Construction Easement Area in substantial compliance with
the material provisions of (i) the Driveway Plan and (ii) the standard
specifications then being used by the City for construction of similar
storm water sewer systems in the City of Edina. City shall have a
temporary easement as provided in paragraph 4.6 hereof to construct
said system, subject, however, to the provisions of paragraphs 4.7 and
4.9 hereof.
2.3 Crosswalk. Paint and sign the pedestrian crosswalk in the location
shown on the Driveway Plan and in a manner determined by City.
2.4 Stop Signs. Install "STOP" signs and a street light at the intersection of
the Permanent Easement with Parklawn Avenue, in locations to be
selected by City.
2.5 Dumpsters. Relocate and replace the two existing dumpsters and their
enclosures along Parklawn Avenue.
2.6 Trees. Move trees now in the Permanent Easement Area to new
locations selected by Grantor on the Grantor Property. If Grantor does
not select such new locations and advise City thereof in writing prior to
the date City starts any of the Construction Work, City may remove
and destroy such trees, or replant them on locations selected by City on
property of City. City shall have no obligation to maintain or replace
any of such trees once relocated even if some or all of such trees may
die as a result of such relocation; it being agreed that City's only
obligation relating to such trees shall be to relocate them as herein
stated. However, if any of such trees relocated to Grantor Property die
within one year of relocation, and if City is given notice thereof within
said one year period, then City will cut down and remove such trees
without cost or charge to Grantor.
2.7 Speed Signs. Install a speed sign or signs (as determined by City) along
the Permanent Easement Area, in locations selected by City, limiting
speed along the Permanent Easement to 20 miles per hour.
3
alteration or modification made or done by or for City or Grantor
pursuant to this Agreement.
4.2 Driveway and Signage. City shall do all Maintenance Work (except
snow removal) necessary to maintain the Permanent Easement Area,
including the signage placed thereon by City pursuant to paragraphs
2.3, 2.4 and 2.7 hereof, so that such area and signs shall be maintained
in at least as good a condition and state of repair as City then maintains
low volume residential streets in the City of Edina, all without cost or
charge, by special assessment or any other means, to Grantor or against
the Grantor Property.
4.3 Storm Sewer. City shall do all Maintenance Work on or relative to the
storm sewer system constructed by City pursuant paragraph 2.2 hereof
which is necessary to keep said system in operating condition without
cost or charge to Grantor. City shall have a temporary easement as
provided in paragraph 4.6 hereof to construct and do Maintenance
Work on or to said system, subject, however, to the provisions of
paragraphs 4.7 and 4.9 hereof. Any and all other Maintenance Work
desired by Grantor to be done on or to said system shall be done by or
for Grantor, without cost or charge to City. The obligation of City
under this paragraph to do Maintenance Work on or to said system is
and shall be limited to said system as initially constructed by City
pursuant to paragraph 2.2 hereof. City shall have no obligation or duty
to extend or modify the storm sewer system for any purpose or reason,
including, without limitation, the purpose of draining low spots on the
Grantor Property created or existing after construction of said system by
City. Grantor shall have, and reserves, the right and easement to enter
upon the Permanent Easement Area to do such Maintenance Work,
but if the Permanent Easement Area or any signs placed thereon by City
are damaged or injured as a result of such entry, Grantor shall repair or
restore the Permanent Easement and such signs to the same or better
condition as they were in immediately prior to such entry by Grantor.
Also Grantor shall comply with any then applicable City Ordinances
relating to the doing of work on public streets.
4.4 Curb Cuts. City agrees, upon notice given to City by Grantor, to cut
openings in the bituminous curb constructed on the Permanent
Easement Area where and as necessary to allow surface water to drain
from the parking lots adjacent to the Permanent Easement into the
storm water sewer system constructed pursuant to paragraph 2.2
hereof, without cost or charge to Grantor or the Grantor Property.
5
4.5 Snow Removal. Grantor shall remove, or cause to be removed, snow
from the Permanent Easement Area, at such times as Grantor shall
determine. It is understood that such snow removal shall be done
pursuant to a separate contract between Grantor and an independent
contractor, so that the cost of snow removal from the Permanent
Easement Area will be separate from other snow removal costs paid by
Grantor. City agrees to pay the actual reasonable cost to Grantor of
snow removal from the Permanent Easement Area. Grantor agrees to
supply such contracts, invoices, statements and other information as
City may reasonably request to evidence the actual cost to Grantor. City
shall pay its reasonable share of such actual reasonable costs within 30
days of receipt by City of notice from Grantor that such costs have been
paid by Grantor, and such other information as City may reasonably
request to evidence such actual cost. Grantor may temporarily store
snow on the Permanent Easement Area, but shall remove such stored
snow as soon as possible after each snow fall. Such right of temporary
snow storage shall continue and be in force only so long as City is not
using the City Property, or the clubhouse thereon, for purposes that
require, in City's sole determination, the use of the Permanent
Easement Area, and Grantor shall cease such temporary snow storage,
and promptly remove any snow then stored on the Permanent
Easement Area, upon notice given by City that it requires use of the
Permanent Easement Area.
4.6 Temporary Esements; Contractors and Agents. The easements granted
by Section 1 and paragraphs 2.2, 2.8, 4.3 and 4.10 hereof, and reserved by
paragraph 4.3 hereof, shall and do include the right of the parties
hereto and their respective employees, contractors, subcontractors,
agents and representatives, to enter upon, and temporary easements
for the purpose of entering upon, such areas, and with such laborers
and equipment, as determined to be necessary by the party doing the
construction work or Maintenance Work, for the purpose of doing any
construction work or Maintenance Work so as to use, enjoy and benefit
from such easement, without hindrance or molestation by the other
party or its officers, officials, employees, agents or representatives.
4.7 Performance of Work. All Maintenance Work carried on by or for
either party hereto on an easement area created, granted or reserved
hereby shall be done (i) in such manner as to cause as little interference
as possible with the normal use and enjoyment of the easement by
other parties entitled to use the same, (ii) at the sole cost and expense of
the party hereto doing the Maintenance Work or causing it to be done,
unless other specific provisions of this Agreement impose all or part of
such cost and expense upon the other party hereto, (iii) in full
6
compliance with the provisions of this Agreement, (iv) in full
compliance with all applicable statutes, codes, ordinances, rules and
regulations, (v) using materials and equipment, and design and
engineering standards, equal to or better than those originally used,
and (vi) in a good and workmanlike manner.
4.8 Temporary Obstructions. No barrier of any kind which restricts,
prevents or obstructs the use of any easement for the purpose created,
granted or reserved hereby shall be erected or permitted; provided,
however, that temporary obstructions which are reasonably necessary
in connection with any Construction Work or Maintenance Work or
other activity allowed hereby done on or to any easement, and which
comply with paragraph 4.6(i) hereof, shall be permitted; provided
further, however, that if Grantor, in doing any Maintenance Work
pursuant to paragraph 4.2 hereof should completely block use of, and
travel along, the Permanent Easement, then Grantor shall provide, for
the duration of such blockage, a temporary alternative easement to be
used in lieu of the Permanent Easement.
4.9 Minimum Interference. The parties hereto shall always exercise use of
their respective easements, and rights hereunder, reasonably and in
such manner as to cause the least possible interference under the then
circumstances with the use and enjoyment by the other party hereto
and others who have the right to use such easements.
4.10 Drain Pipe. City shall have no obligation to do any Maintenance Work
on or relative to the drain pipe installed by City pursuant to
paragraph 2.8 hereof, but all such Maintenance Work shall be done by
or for Grantor, without cost or charge to City. Grantor shall have, and
is hereby granted, an easement to enter upon the City Property for the
length of pipe, and for a width of five feet on each side of the centerline
of said pipe, to do such Maintenance Work. Grantor and City shall
sign, in recordable form, a supplement hereto accurately describing the
centerline of the pipe, upon the request of either. Such supplement
shall be recorded at the cost of the requesting party. Grantor shall
promptly restore the City Property to as nearly as possible the condition
it was in immediately before the doing of any such Maintenance Work.
4.11 Termination of City's Maintenance Work. All obligations of City to do
any and all Maintenance Work under this Agreement shall cease and
terminate at the same time as the Permanent Easement terminates as
provided in paragraph 1.1 hereof.
7
5. Indemnity.
5.1 By City. City, in doing, or causing to be done, any Construction Work,
or in doing, or causing to be done, any Maintenance Work, or in acting
under paragraph 8.2.1 hereof, shall hold the Grantor, and its officers,
employees, agents and representatives, and also the lessees of the
Grantor Property, harmless from and indemnified against any loss,
cost, damage or expense, including reasonable attorneys' fees, due to
any claim for damage, injury or death arising out of or claimed to arise
out of, such Construction Work, Maintenance Work or action under
paragraph 8.2.1; except, however, as to such claims as may be due to the
negligent or intentional act or omission of Grantor or its officers,
employees, agents or representatives, or of such lessees.
5.2 By Grantor. Grantor in doing, or causing to be done, any Maintenance
Work or in acting under paragraph 8.2.1 hereof, shall hold the City, and
its officers, officials, employees, agents and representatives, harmless
from and indemnified against any loss, cost, damage or expense,
including reasonable attorneys' fees, due to any claim for damage,
injury or death arising out of or claimed to arise out of, such
Maintenance Work or action under paragraph 8.2.1; except, however,
as to such claims as may be due to the negligent or intentional act or
omission of City or its officers, officials, employees, agents or
representatives.
6. Public Easement. It is understood and agreed that the Permanent
Easement is and shall be a public driveway allowing all members of the public to use
the same in common with Grantor and tenants of the Grantor Property, and their
respective guests and invitees.
7. Performance; Excusable Delays; Emergencies.
7.1 Performance, Excusable Delays. Whenever performance is required of
either party hereto, that party shall use all due diligence to perform,
and take all necessary measures in good faith to perform, as soon as
possible; provided, however, that if completion of performance shall be
delayed at any time by reason of acts of God, war, civil commotion,
riots, strikes, picketing or other labor disputes, unavailability of
materials or labor, or damage to Construction Work or Maintenance
Work or other activity in progress by reason of fire or other casualty, or
other causes beyond the reasonable control of that party, then the time
for performance shall be appropriately extended by the length of the
delay actually so caused. The provisions of this paragraph shall not
8
operate to excuse any party from the prompt payment of any moneys
required by this Agreement.
7.2 Emergencies. Whenever a party hereto is obligated by this Agreement
to act or perform, and an emergency exists, in the reasonable opinion of
the other party hereto, which can be abated or ended by such act or
performance, and the obligated party fails or refuses to act or perform
promptly, then the other party may act, pursuant to paragraph 8.2.1
hereof, immediately to abate or end the emergency without giving
notice or waiting for expiration of any applicable grace period as set out
in paragraph 8.1 hereof, and the acting party may recover its reasonable
costs and fees pursuant to Section 8 hereof.
8. Defaults; Remedies.
8.1 Default. If (i) either party hereto defaults in any obligation hereunder
which can be cured simply by the payment of moneys, and such default
is not cured within ten (10) days after written notice thereof is given to
such defaulting party by the other party hereto, or (ii) either party
defaults in any other obligation in this Agreement and such default is
not cured within thirty (30) days after written notice thereof is given to
such defaulting party by the other party hereto, then the non -defaulting
party, without any additional notice given to the defaulting party, may
exercise any one or more of the remedies set out in paragraph 8.2
hereof; provided, however, that if such default at (ii) above is not cured
by reason of excusable delays as provided in paragraph 7.1 hereof, or if
it is of a kind that cannot with reasonable diligence be cured in thirty
(30) days but can be cured, then such thirty (30) day period shall be
extended for the period reasonably necessary to cure the default and the
non -defaulting party may not exercise any of the remedies set out in
paragraph 8.2 hereof until after expiration of such reasonable period;
provided, however, that the nondefaulting party may act under
paragraph 7.2 hereof in the event of an emergency as provided in said
paragraph 7.2.
8.2 Remedies; Waiver. Upon the occurrence of a default under
paragraph 8.1 hereof, and the expiration of any period to cure, without
a curing of such default, the non -defaulting party may exercise one or
more of the following remedies:
8.2.1 Self Help. Cure the default of the defaulting party and charge the
cost thereof, including reasonable fees of experts and attorneys,
to the defaulting party, and all such costs shall be payable on
demand, and for such purposes the non -defaulting party shall
9
have an easement to enter upon the property of the defaulting
party to do any work necessary to cure the default, and the
provisions of paragraphs 4.5, 4.6, 4.7 and 4.8, and of Section 5
hereof shall apply.
8.2.2 Other Remedies. Specific enforcement, injunctive relief, or any
other remedy available at law or in equity; provided, however,
that damages shall not be sought or be paid and all claims to
damages of any kind or nature are hereby waived.
8.2.3 Waiver; Attorneys' Fees. Any action seeking one or more forms
of relief shall not be a bar to an action at the same or subsequent
time seeking other forms of relief. The costs of any such action,
including reasonable attorneys' fees of the prevailing party, shall
be paid by the party not prevailing. Any delay in realizing, or
failure to realize, on any remedy herein for a default hereunder
shall not be deemed a waiver of that default or any subsequent
default of similar or different kind, and no waiver of any right or
remedy hereunder shall be effective unless in writing and signed
by the person against whom the waiver is claimed.
8.2.4 Not Terminate Agreement. No default in this Agreement shall
entitle any person to cancel, rescind or otherwise terminate this
Agreement, or any easements hereby granted, created or
reserved. This paragraph shall not prevent termination of this
easement as provided in the last two sentences of paragraph 1.1
hereof.
8.2.5 Moneys Due. If not otherwise specified herein, all moneys to be
paid by any party to any other party shall be payable thirty (30)
days after notice from the party to whom it is owed to the owing
party, specifying the amount due and the reason for the
payment. Interest shall accrue on all moneys and other claims
from the date the moneys are payable, or claim arises, at the rate
of 12% per annum.
9. Notices. Any notice or request required or permitted hereunder
shall be given by personal delivery upon an authorized representative of a party
hereto; or if mailed in a sealed wrapper by United States registered or certified mail,
return receipt requested, postage prepaid; or if transmitted by facsimile copy
followed by mailed notice; or if deposited cost paid with a nationally recognized,
reputable overnight courier, properly addressed as follows:
10
If to Grantor:
If to City:
The Shidler Group
4600 W. 77th Street
Suite 300
Minneapolis, Minnesota 55435
Attn: Stuart J. Zook, Senior Vice
President/Asset Management
Fax #: (612) 835-1507
4802 West 50th Street
Edina, Minnesota 55424
Attn: City Manager
Fax #: (612) 927-7645
Notices shall be deemed effective on the earlier of the date of receipt or the date of
mailing, transmittal or deposit, as aforesaid; provided, however, that if notice is
given by mailing, transmittal or deposit, the time for response to any notice by the
other party shall commence to run one business day after any such mailing,
transmittal or deposit. Any party may change its address for the service of notice by
giving notice of such change 10 days prior to the effective date of such change.
10. Severability. If any provision of this Agreement is for any reason
held to be invalid or unenforceable as to any person or circumstance, the application
of such provision to persons or circumstances other than those as to which it shall
be held invalid and unenforceable, shall not be affected thereby, and all provisions
of these covenants and restrictions in all other respects shall remain in full force
and effect and be valid and enforceable.
11. Running Covenants. The easements hereby granted, created and
reserved, and the provisions hereof, shall run with each and all of the City Property
and the Grantor Property and every part of each thereof, without regard to technical
classification or designation, legal or otherwise, and be binding upon, to the fullest
extent permitted by law and equity, and shall inure to the benefit of, and be
enforceable by the parties hereto, and their respective successors an assigns, and all
future owners of the City Property and the Grantor Property and every part thereof.
12. Golf Course Construction. City hereby agrees to construct on the
City Property a nine -hole golf course. Such course shall be of such design as City
shall determine. However, City shall have no obligation to Grantor, or any other
person, to operate and maintain a golf course on the City Property for any given
length of time, nor any liability to Grantor, or any other person, for failure to
operate or maintain such golf course once constructed.
11
Grantor Property. However, if the same entity should hereafter not
own both of the Grantor Property and the Additional Grantor Property,
then the provisions of this Section 13 shall cease and terminate as to all
of the Additional Grantor Property without further act or deed by City
or Grantor, and without amendment to this Agreement.
13.5 Duration. The provisions of this Section 13 shall be in force only so
long as the City owns and operates a golf course on the City Property.
14. Golf Course Parking. If users of the golf course intended to be
constructed by City on the City Property should ever park on the parking lots on the
Grantor Property to such an extent that a substantial number of parking spaces on
such parking lots are not available for use by Grantor or the lessees of the Grantor
Property, or their respective guests or invitees, during normal business hours for a
substantial period of time, all in the reasonable opinion of Grantor, then the City,
upon notice given by Grantor that such unavailability exists, shall take one or both
of the following actions, as determined by City, without cost or charge to Grantor:
14.1 Signs. City shall place signs on the affected parking lots and on the golf
course parking lot advising users of the golf course that parking on the
parking lots of Grantor is prohibited. City shall determine how many
of such signs to install. City also shall decide where to install them on
the City Property; Grantor shall decide where to install them on the
Grantor Property.
14.2 Construction of Additional Parking. City shall increase the parking
spaces (beyond the approximately 50 spaces initially intended) on the
City Property by construction of additional parking areas on the City
Property.
15. Golf Course Lights. City agrees to install, in connection with
construction of the golf course on the City Property, a lighting system to light the
parking lot to be constructed on the City Property. Such lighting shall be installed in
such locations, in such amounts, and pursuant to such plans and specifications, as
shall be determined solely by City.
16. Miscellaneous. The paragraph headings or captions appearing in
this Agreement are for convenience only, are not a part of this Agreement, and are
not to be considered in interpreting this Agreement. This written Agreement
constitutes the complete agreement between the parties and supersedes any prior
oral or written agreements between the parties regarding the Easements. There are
no verbal agreements that change this Agreement, and no waiver of any of its terms
will be effective unless in a writing executed by the parties and recorded in the same
office in Hennepin County as this Agreement is recorded. This Agreement binds
13
and benefits the parties and their successors and assigns except as provided in
paragraph 12.4 hereof. This Agreement has been made under the laws of the State of
Minnesota, and such laws will control its interpretation.
IN WITNESS WHEREOF, this Agreement has been duly executed by
the parties hereto as of the day and year first above written.
PENTAGON PARK LIMITED
PARTNERSHIP
By
Its
And
Its
CITY OF EDINA
By
Its
And
Its
STATE OF )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 19 , by and ,
the and , respectively, of PENTAGON PARK
LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited
partnership.
Notary Public
14
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,19 , by and
the and , respectively, of the CITY OF
EDINA, MINNESOTA, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX
THIS INSTRUMENT DRAFTED BY:
DORSEY & WHITNEY (TSE)
2200 First Bank Place East
Minneapolis, MN 55402
15
CONSENT AND SUBORDINATION
The undersigned, THE FUJI BANK LIMITED, LOS ANGELES
AGENCY, as of the Grantor Property (as defined in the Easement
Agreement to which the Consent and Subordination is attached), under and
pursuant to that certain , dated ,
filed , as Document No. , in the office of
the Registrar of Titles, Hennepin County, Minnesota, does hereby agree and consent
to all of the terms and conditions of Easement Agreement, and agrees to be bound by
all of the obligations of, and subject to all of the remedies available against, Grantor
(as defined in the Easement Agreement) in the event it becomes the owner of all or
any part of property subject to the Easements (as defined in the Easement
Agreement).
THE FUJI BANK LIMITED, LOS
ANGELES AGENCY
By
Its
And
Its
STATE OF
COUNTY OF
The foregoing Consent and Subordination was acknowledged before
me this day of ,19 , by , the ,
and , the of THE FUJI BANK LIMITED, LOS
ANGELES AGENCY, a corporation, on behalf of the corporation.
EXHIBIT I
(City Property)
That part of Tract R, Registered Land Survey No. 1050, Files of the Registrar of
Titles, Hennepin County, Minnesota, described as follows:
also
Tract A, Registered Land Survey No. 938, Files of the Registrar of Titles, Hennepin
County, Minnesota.
EXHIBIT II
(Grantor Property)
Tracts D, E, G, and H, Registered Land Survey No. 1218, Files of the Registrar of
Titles, Hennepin County, Minnesota.
EXHIBIT III
(Permanent Easement)
That part of Tract D, Registered Land Survey No. 1218, Hennepin County,
Minnesota, described as follows:
Commencing at the Northeast corner of said Tract D; thence South
along the East line of said Tract D 9.65 feet; thence Northwesterly along
a nontangential curve concave to the Northeast with a radius of 212.00
feet, central angle of 7 degrees, 21 minutes, 42 seconds, chord bearing of
North 69 degrees, 32 minutes, 18 seconds West, 27.24 feet to the North
line of said Tract D; thence East along the North line of said Tract D
25.45 feet to the Northeast corner thereof and there terminating.
That part of Tract E, Registered Land Survey No. 1218, Hennepin County,
Minnesota, described as follows:
Commencing at the Northwest corner of said Tract E; thence East
along the North line of said Tract E 185.00 feet to the Northeast
corner of said Tract E; thence South along the East line of said
Tract E 19.00 feet; thence West parallel with the North line of
said Tract E 122.73 feet; thence Northwesterly along a tangential
curve concave to the Northeast with a radius of 212.00 feet,
central angle of 17 degrees, 04 minutes, 51 seconds, chord bearing
of North 81 degrees, 45 minutes, 34 seconds West, 63.20 feet to
the West line of said Tract E; thence North along the West line
of said Tract E 9.65 feet to the Northwest corner thereof and there
terminating.
That part of Tract G, Registered Land Survey No. 1218, Hennepin County,
Minnesota, lying North of a line drawn parallel with and 19 feet South of the
North line of said Tract G.
That part of Tract H, Registered Land Survey No. 1218, Hennepin County,
Minnesota, described as follows:
Commencing at the Southwest corner of said Tract H; thence
North along the West line of said Tract H 4.63 feet to the point of
beginning; thence Southeast along a nontangential curve
concave to the Northeast with a radius of 212.00 feet, central
angle of 2 degrees, 52 minutes, 06 seconds, chord bearing of
South 64 degrees, 25 minutes, 24 seconds East 10.61 feet to the
South line of said Tract H; thence East along the South line of
said Tract H 653.84 feet to the Southeast corner of said Tract H;
thence North along the East line of said Tract H 5.00 feet; thence
West parallel with the South line of said Tract H 566.08 feet;
thence Northwesterly along a tangential curve concave to the
Northeast with a radius of 188.00 feet, central angle of 31 degrees,
09 minutes, 21 seconds, chord bearing of North 74 degrees, 43
minutes, 19 seconds West 102.23 feet to the West line of said
Tract H; thence South along the West line of said Tract H 27.49
feet to the point of beginning and there terminating.
20
EXHIBIT IV
(Construction Easement)
That part of Tract D, Registered Land Survey No. 1218, Hennepin County,
Minnesota, described as follows:
Commencing at the Northeast corner of said Tract D; thence South along the
East line of said Tract D 14.86 feet; thence Northwesterly along a
nontangential curve concave to the Northeast with a radius of 217.00 feet,
central angle of 10 degrees, 31 minutes, 34 seconds, chord bearing of North 68
degrees, 21 minutes, 39 seconds West 39.87 feet to the North line of said Tract
D; thence East along the North line of said Tract D 36.93 feet to the Northeast
corner of said Tract D and there terminating.
That part of Tract E, Registered Land Survey No. 1218, Hennepin County, Minnesota
described as follows:
Commencing at the Northeast corner of said Tract E; thence South along the
East line of said Tract E 30.00 feet; thence West parallel with the North line of
said Tract E 122.73 feet; thence North 0 degrees, 18 minutes, 0 seconds West
6.00 feet; thence Northwesterly along a nontangential curve concave to the
Northeast with a radius of 217.00 feet, central angle of 16 degrees, 40 minutes,
33 seconds, chord bearing of North 81 degrees, 57 minutes, 43 seconds, West
63.16 feet to the Westerly line of said Tract E; thence North along the Westerly
line of said Tract E 14.86 feet to the Northwest corner of said Tract E; thence
East along the North line of said Tract E 185.00 feet to the Northeast corner of
said Tract E and there terminating.
That part of Tract G, Registered Land Survey No. 1218, Hennepin County,
Minnesota, described as follows:
Commencing at the Northwest corner of said Tract G; thence South along the
West line of said Tract G 30.00 feet; thence East parallel with the North line of
said Tract G 328.62 feet; thence South 0 degrees, 44 minutes, 01 seconds East
7.00 feet; thence North 89 degrees, 42 minutes, 0 seconds East 98.08 feet; thence
Southeast along a tangential curve concave to the Southwest with a radius of
20.00 feet, central angle of 58 degrees, 11 minutes, 42 seconds, chord bearing of
South 61 degrees, 12 minutes, 08 seconds East 20.31 feet to the East line of said
Tract G; thence North along the East line of said Tract G to the Northeast
corner of said Tract G; thence West along the North line of said Tract G to the
Northwest corner of said Tract G and there terminating.
That part of Tract H, Registered Land Survey No. 1218, Hennepin County,
Minnesota, described as follows:
Commencing at the Southwest corner of said Tract H; thence North along the
West line of said Tract H 37.99 feet; thence Southeast along a nontangential
curve concave to the Northeast with a radius of 183.00 feet, central angle of 32
degrees, 06 minutes, 25 seconds, chord bearing of South 74 degrees, 14
minutes, 48 seconds East 102.55 feet; thence East parallel with and 10 feet
North of the South line of said Tract H 451.04 feet; thence North 0 degrees, 44
minutes, 01 seconds West 13.00 feet; thence North 89 degrees, 42 minutes, 00
seconds East 97.92 feet; thence Northeast along a tangential curve concave to
the Northwest with a radius of 20.00 feet, central angle of 58 degrees, 16
minutes, 01 seconds, chord bearing of North 60 degrees, 33 minutes, 59
seconds East, 20.34 feet to the East line of said Tract H; thence South along the
East line of said Tract H 32.48 feet to the Southeast corner of said Tract H;
thence West along the South line of said Tract H 663.39 feet to the Southwest
corner of Tract H and there terminating.
22
EXHIBIT V
(Additional Grantor Property)
NORMANDALE
GOLF
COURSE
The Golf Course - A Planned and Committed Buffer Supporting a
180 Acre Development; i.e., a report on the 1960's marriage of
residential, commercial, office and industrial development in
South -East Edina.
Prepared and Submitted by
David J. Byron, a resident
of South -East Edina
September, 1991
TABLE OF CONTENTS
1. Minneapolis Star - March 14, 1961
2. Letter dated March 16, 1961 to Mr. Rauenhorst from George C.
Hite, Edina Planning Director
3. Letter dated January 25, 1962 from Mr. Rauenhorst to Village
Manager, Village Council and Village Planning Commission
4. Minutes of Village Council meeting held on May 14, 1962
regarding "Rauenhorst Construction Company Rezoning Hearing"
5. Letter dated December 28, 1984 from George Hite to William
Sexton
6. Letter dated February 7, 1985 from Warren C. Hyde, former
Edina City Manager, to Gordon Hughes, Director of Planning
7. Planning Commission Minutes - January 2, 1985
8. City Council Minutes - January 21, 1985
9. The Law - Honn v. City of Coon Rapids
10. Planning Department Staff Reports - A Comparison
January 25, 1962
-3
of a meeting room large enough to accommodate all of us. I think this
would be a most appropriate place to meet as it is in the middle of Norman -
dale Center. This would give you an opportunity to become acquainted with
the type of center we are developing , and it also would afford you a chance
to view the Edina section in person.
If you would be so kind as to check out a convenient date and time with Mr.
Hyde, we will be most happy to make the arrangement for a meeting place.
Gerald Rauenhorst:md
Sincerely yours,
Rauenhorst Construction Co.
Rauenhorst Development Corp.
i1t
-2
•
January 25, 1962
water and storm sewer in the Westerly part of Bloomington section last
year and will install Wooddale Avenue from the Freeway to the Edina
Bloomington boundary this year. All of this :,;ork has been done on a ten
and twenty year assessment basis. Bloomington has also designed all
utilities of a sufficient size to handle the Edina section of our Center. In
fact, connections were provided for the Edina property along Boundary
Boulevard, which is the common street between the Edina and Bloomington
section of the center. As you know, this was done because Bloomington
had to build a lift station for the sanitary sewer and provide 8" and 12"
water mains which would have had to be duplicated if Edina was to provide
for the utilities of the Edina section of Normandale Center.
Accordingly, it is felt by all people concerned that the best method to
handle utilities with the Edina section would be to have the Village of Edina
construct the streets and utilities and assess them against the property and
have the City of Bloomington receive payment for water and sewer services.
The water and sewer services could be billed by Edina which in turn would
reimburse Bloomington or be billed directly as desired. It is our under-
standing that something similar to this has ;)een done between Hopkins and
Richfield and Edina.
A suggestion has been made that the industrial zoned section of Normandale
Center in Edina be transferred to Bloomington in exchange for all of the
area between the Freeway and the present Edina Bloomington line and the
railroad tracks and County Highway 18. This exchange would quite obviously
simplify all installations of utilities of both communities. However the rami-
fications of such a complex exchange are such that I feel it would be impossible
to accomplish within a reasonable length of time. The above method of pro-
cedure would not complicate the possibility of such an exchange in the future
as the utilities in our center would be hooked to the Bloomington system.
As the above presents many problems that could best be solved in a joint
meeting, we would suggest a late afternoon meeting at your earliest possible
convenience. I have contacted Control Data Corporation concerning the use
!�'l�S•�-� g�:.r. _ '_,+�=r }�r� ,{ry-.i.s�?^�t,+lr+1 �..::r-;•'; va..>K'r ' 6:i+�=� c"i•;4Y.y ="t fl-� i--T°"='-1
... • i•ram. • •iv - 5
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177,.7
\riuL !f11Ji1k)1 �_ II\Lli:.t
January 25, 1962
Village Of Edina
Attention: Mr. Warren Hyde, Village Manager
Village Council
Village Planning Commission
Ref: Normandale Center
Gentlemen:
As you know, the above referenced Center has been under development
by our firm for approximately one year. All of the development to date
with the exception of a Golf Course, has taken place in the Bloomington
section. There are nine light industrial plants in existence today inclu-
ding such firms as Control Data Corp. , Rosemount Engineering, Inc. ,
Printed Circuits, Inc.; Vaughn's Display and others. Normandale Center
in its entirety encompasses ]80 acres. Seventy five have now been
developed including the above mentioned Golf Course. We anticipate a
development of 30 acres in 1962 which should include oneor two office
buildings plus other electronic type firms. Currently we have only two
industrial sites left in the Bloomington section. Accordingly, we feel we
have reached a point of urgency in preparing the Edina section for immediate
development.
Considerable study has been given to the possible land uses suitable for the
Edina section and we are told that the planning commission is ready to
recommend a proposed amendment to your zoning ordinance which would
add an industrial classification. Accordingly, we have nothing to add to
this other than a request for no unnecessary delays in final land use deter-
minations.
Our main concern at this time is the design and constructinn of
streets and utilities in the westerly one third of the Edina section of Norman -
dale Center. As you know, the City of Bloomington installed streets, sewer
3. Letter dated January 25, 1962 from Mr. Rauenhorst to Village
Manager, Village Council and Village Planning Commission
the above referenced (Normandale) Center has been under
development by our firm for approximately one year. All of
the development to date with the exception of a Golf Course,
has taken place in the Bloomington section."
"Normandale Center in its entirety encompasses 180 acres.
Seventy five have now been developed including the above
- mentioned Golf Course. ... Accordingly, we feel we have
reached a point of urgency in preparing the Edina section for
immediate development."
"Considerable study has been given to the possible land uses
suitable for the Edina section and we are told that the
planning commission is ready to recommend a proposed amendment
to your zoning ordinance which would add an industrial
classification."
2. Letter dated March 16, 1961 to Mr. Rauenhorst from George C.
Hite, Edina Planning Director
"To insure that no misunderstandings exist as to the attitude
of the Village of Edina about your proposed development, I
would like to direct your attention to the following:
"2) It is the attitude of the Edina Planning Commission that
the golf course and apartment area are to be developed either
-prior to or concurrently with the development of any
industrial uses within the Village of Edina."
"COPY"
"COPY"
March 16, 1961
Mr. Gerald A. Rauenhorst
President
Rauenhorst Construction Company
5000 West 78th Street
Bloomington 20, Minnesota
Dear Mr. Rauenhorst:
As expected, the excellent presentation of your "Normandale" project in Tues-
day's Minneapolis Star has and is provoking considerable comment among Edina
residents. I'm sure that I convey the thoughts of all of us associated with
the planning program here in Edina when I wish you a great deal of success in
this venture, and extend to you my assurance that we will cooperate to the
fullest extent in the implementation of your proposals when those proposals
are in the best public interest.
>( To insure that no misunderstandings exist as to the attitude of the Village
of Edina about your proposed development, I would like to direct your atten-
tion to the following:
1) Your proposal to locate some industrial development immediately
to the north of the Edina -Bloomington boundary is in general accord with
the generalized land use p13n currently being developed by the Edina Plan-
ning Commission for this area. The excat location of this industrial devel-
opment has not yet been determined nor have the amendments to the Village
Zoning Ordinance necessary to create and regulate this industrial use been
adopted.
`1- 2) It is the attitude of the Edina Planning Commission that the golf
course and apartment area are to be developed either prior to or concurrently
with the development of any industrial uses within the Village of Edina.
3) The location and extent of the apartment areas, especially the
high rise units (more than 2'i stories) will be subject to careful scrutiny
by the Village to insure that they in no way impair the amenities of the
fine residential areas immediately to the north.
4) The Planning Commission feels strongly that there should not be
any reads connecting the single family residential neighborhoods to those
areas devoted to other land uses, except at Normandale Road and France Avenue.
There may be some need to provide access from the apartment areas to the
school on West 70th, but this connecting link is to be so designed that it
"COPY"
"COPY"
Mr. Gerald A. Rauenhcrst - 2 March 16, 1961
is clearly a secondary means of access and egress to and from the apartment
area.
5) The Village of Edina considers the Normandale Avenue grade cross-
ing currently being developed at approximately West 78th Street as being gross-
ly inadequate to service the adjacent land areas. It is the Village's attitude
that, if Edina lands either east or west of Normandale Avenue are to be used
for purposes other than residential, then such areas must have highway access
through an interchange to be constructed at a point no further north than the
Dale Green property. The currentlyproposed grade p p grade crossing at West 76th Street
is in direct contrast to the Minnesota Highway Department's expressed intention
to upgrade Normandale Avenue to a facility having access only through inter-
changes and must be considered as a temporary gesture.
6) The Edina Planning Commission considers the development of a shop-
ping center within your property as both inadvisable and unrealistic. It fur-
ther feels that a motel -restaurant development should be located at those
points where access is provided to either Normandale Avenue or Interstate Hioh-
way 4494 through interchanges.
If you have questions regarding any aspect of this matter, please feel free to
contact either myself or Mr. Hyde at your convenience. I am sending copies of
this letter to Mr. Art Bredesen, Village Mayor, and to Mr. Lee Todd, Chairman
of the Edina Planning Commission. They may wish to correct any statements con-
tained herein which do not, in their opinion, accurately present their attitudes.
GCH/jh
cc:
Very truly yours,
George C. Hite
Planning Director
Sherman Hasbrouck, Secretary Bloomington Planning Commission
Lee Todd
Art Bredesen
Warren Hyde
Howard Dahlgren, Midwest Planning 8 Research, Inc.
2. A children's play ground and equipment is proposed to be
located approximately half -way between my residence rear
property line and the southwest corner of the 4380 apartment
building. I guess that to be 150 feet from either location.
This proposed park feature, I assume, is either based on the
premise that if it exists, it should be retained (located now
a long way south of my residence) or on polls, consultant, etc.
which show that residents desire such facilities.
My observation in this park is that the previous equipment as
well as that which remains today is rarely used by small
children. Rather, its main attraction is to 11 to 15 year
olds. These young people are a little louder, have expanded
destructive talents and may even be out after dark. They tend
to not use the play equipment as intended. These events occur
now but a tolerable distance away.
I also observe that many people from the adjacent office
buildings lunch in the park so perhaps a sand lot along with
benches and tables?
My kids are out of the slide/swing age so I consider it fair if
you consider the source of these comments.
3. A cyclone fence is proposed from Kellogg Ave. to Parklawn Ave.
If it is really necessary, please keep it low, five feet or
less, and consider hedge plantings along side. Other more
inventive type fences might also be considered, such as ranch
types, etc. Incidently, if we could get rid of those view -
obstructing, ugly Russian Olive trees, any fence gains in
acceptance.
A few final comments:
The park as it is, is more desirable to me than a golf course.
Both myself, my family and my dog can walk, run, enjoy the water
and ducks at will.
I am at odds with some of my neighbors in that I reject the notion
that the park is a hot bed of drug dealings and somehow jeopardizes
the safety of all the children in the area. The Park Board does an
excellent job of maintaining it and the police are in evidence
doing their job to my satisfaction.
I cannot use the golf course as a park. It belongs to golfers who
supposedly pay for the privilege, but do they? The area of the
park used will be donated to the course as if it is no value as
present park land. I personally would feel more at ease if
something I have enjoyed for twenty years was given a dollar value,
put on the ledger sheet, and then conscientiously gifted to the
golf course.
Yes, when it's necessary to raise the golf fees in the future or
when complaints of existing proposed fees are fielded, I would not
September 18, 1991
Edina City Council
Edina City Hall
4801 West 50th Street
Edina, MN 55424
Dear Council Member:
One major effect of this proposal is not in the published notice,
that is, the majority of Lake Edina Park will be converted to a
golf course.
My home is 7505 Kellogg Ave. S. which adjoins the park on two sides
and also the owner of the apartments on 4350 and 4380 Parklawn Ave.
These apartments are on the northeast corner of the park.
My concerns and comments follow and are in the order of priority.
1. The park and the existing golf course is almost in its entire-
ty, a flood water ponding area. The apartments on Parklawn
Ave. were flooded twice, ten years apart, by "the once in 100
years rains." Since the last occurrence, modifications were
made on my property costing approximately $25,000 so that given
the same amount of rain in those short time frames, the
property will not be flooded.
My request is that Edina not modify the terrain elevation,
water flow or drainage direction either by adding fill material
or contour changes which would in effect cause the water level
to be any higher for a given amount of f looci water than it
would be given the existing conditions.
Additional storm sewer capacity directed out of the area would
naturally allow modifications to the status -quo requested. The
6.2 acres requested for buildings and parking lot area in
whatever percentage covered is just that much less for water to
soak into the ground.
Simply put, please don't make the flood potential any worse.
I accept what God does, but not always what man does.
RE C 161 1) be7" 1 7 1991
September 16, 1991
City of Edina Planning Department
4801 West 50th Street
Edina, MN 55424
RE: Z-91-5 and S-91-5 (Opus Corp.)
Dear Sir or Madame,
We are writing to express our strong support for the rezoning which would allow for the
redevelopment of the property as proposed. We feel that the proposed modifications will
greatly enhance the area while improving the recreational services available to the community.
For sometime the residence of the area have had concerns about the safety issues
surrounding the traffic associated with the existing baseball diamonds. These concerns have
been previously brought to the attention of the City Council. The changes as proposed will
eliminate this situation. Moreover, the development of the property into a public golf course
will deter the congregation of youths, and use of alcohol, in the area late at night.
Unfortunately, because of prior commitments, we will not be able to attend the public
hearing and have the opportunity to voice our support for the proposed rezoning. Nonetheless,
we anticipate that our views will be equally considered (to those expressed by individuals in
attendance) in the decision -making process.
Sincerely,
Les and Mary Robison
7421 Kellogg Avenue South
Edina, MN 55435
Home: 927-5687
Work: 626-2778
Cr
L...42 \---,-- \-A-O,
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RECEIVED SEP 18 1991
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0 1 S
*' OPUS CORPORATION
DESIGNERS• CONTRACTORS• DEVELOPERS
800 Opus Center
9900 Bren Road East
Minnetonka, Minnesota 55343
(6121936-4444
September 19, 1991
Mr. Craig Larsen
Director of Planning
City of Edina
4801 West 50th Street
Edina, MN 55424
REF: Normandale Golf Property
Dear Craig:
Mailing Address
P.O. Box 150
Minneapolis. Minnesota 55440
Fax(6121936-4529
Via One Hour Messenger
Per your request, enclosed please find 15 blueline prints of the revised
Site Plan and Rendering for the proposed office development at 4800 West
77th Street. These plans have been revised according to the request of
the Planning Commission to reduce the height to four stories and move
the building back off the north property line. Please note that the
building has been moved south to line up with the northern edges of the
buildings on either side. It is my understanding that the attached
plans will be submitted for the upcoming City Council review.
If you have any questions or comments, please don't hesitate to call.
Sincerely,
OPUS CORPORATION
\alti
David F. Bangasser
Sr. Project Manager
DB/19/48
encl.
cc: Ken Roslien, City Manager
Mark Rauenhorst, Opus Corporation
Bob Worthington, Opus Corporation
Affiliated Companies. Opus U.S. Corporation, Opus Architects and Engineers, Inc., Opus North Corporation. Opus South Corporation, Opus Southwest Corporation,
Normandale Properties Inc., Opus Properties Inc. Chicago • Milwaukee • Minneapolis • Tampa • Pensacola • Phoenix • San Diego • Seattle
August 21, 1991
Dear Resident:
The City of Edina is presently contemplating the purchase of Normandale Golf
Course. This purchase cuts off part of the present golf course fronting on
77th Street, leaving that for development and adding some of the present ball
fields for golf purposes.
Since this is being contemplated by the City Council, they want me to hold a
neighborhood meeting to bring the neighbors up to date and to look at the
present proposals. I would like to invite you and other neighbors who may
have an interest to a meeting on Thursday, August 29th, in the Council
Chambers of Edina City Hall at 7:30 PM.
I believe the meeting will be informative and hope that you will be able to
attend.
Sincerely,
Kenneth E. Rosland
City Manager
KER/sw
hesitate to point out that golfers really never have been paying
the true tariff of their pleasure.
I am a golfer.
Lastly, because no other media may present itself, I take this
opportunity to thank the Rauenhorst person or family for the many
free rounds of golf enjoyed by my daughter and myself this season.
As I said before, a gift is a gift.
I would hope these remarks and suggestions will contribute to the
success of this project and to the overall enhancement of Edina.
Thank you.
Sincerely,
A. G. Lowell
AGL/is
2 A children's play ground and equipment is proposed to be
located approximately half -way between my residence rear
property line and the southwest corner of the 4380 apartment
building. I guess that to be 150 feet from either location.
This proposed park feature, I assume, is either based on the
premise that if it exists, it should be retained (located now
a long way south of my residence) or on polls, consultant, etc.
which show that residents desire such facilities.
My observation in this park is that the previous equipment as
well as that which remains today is rarely used by small
children. Rather, its main attraction is to 11 to 15 year
olds. These young people are a little louder, have expanded
destructive talents and may even be out after dark. They tend
to not use the play equipment as intended. These events occur
now but a tolerable distance away.
I also observe that many people from the adjacent office
buildings lunch in the park so perhaps a sand lot along with
benches and tables?
My kids are out of the slide/swing age so I consider it fair if
you consider the source of these comments.
3. A cyclone fence is proposed from Kellogg Ave. to Parklawn Ave.
If it is really necessary, please keep it low, five feet or
less, and consider hedge plantings along side. Other more
inventive type fences might also be considered, such as ranch
types, etc. Incidently, if we could get rid of those view -
obstructing, ugly Russian Olive trees, any fence gains in
acceptance.
A few final comments:
The park as it is, is more desirable to me than a golf course.
Both myself, my family and my dog can walk, run, enjoy the water
and ducks at will.
I am at odds with some of my neighbors in that I reject the notion
that the park is a hot bed of drug dealings and somehow jeopardizes
the safety of all the children in the area. The Park Board does an
excellent job of maintaining it and the police are in evidence
doing their job to my satisfaction.
I cannot use the golf course as a park. It belongs to golfers who
supposedly pay for the privilege, but do they? The area of the
park used will be donated to the course as if it is no value as
present park land. I personally would feel more at ease if
something I have enjoyed for twenty years was given a dollar value,
put on the ledger sheet, and then conscientiously gifted to the
golf course.
Yes, when it's necessary to raise the golf fees in the future or
when complaints of existing proposed fees are fielded, I would not
//- y. - 9j -
September 18, 1991
Edina City Council
Edina City Hall
4801 West 50th Street
Edina, MN 55424
Dear Council Member:
One major effect of this proposal is not in the published notice,
that is, the majority of Lake Edina Park will be converted to a
golf course.
My home is 7505 Kellogg Ave. S. which adjoins the park on two sides
and also the owner of the apartments on 4350 and 4380 Parklawn Ave.
These apartments are on the northeast corner of the park.
My concerns and comments follow and are in the order of priority.
1. The park and the existing golf course is almost in its entire-
ty, a flood water ponding area. The apartments on Parklawn
Ave. were flooded twice, ten years apart, by "the once in 100
years rains." Since the last occurrence, modifications were
made on my property costing approximately $25,000 so that given
the same amount of rain in those short time frames, the
property will not be flooded.
My request is that Edina not modify the terrain elevation,
water flow or drainage direction either by adding fill material
or contour changes which would in effect cause the water level
to be any higher for a given amount of floocl water than it
would be given the existing conditions.
Additional storm sewer capacity directed out of the area would
naturally allow modifications to the status -quo requested. The
6.2 acres requested for buildings and parking lot area in
whatever percentage covered is just that much less for water to
soak into the ground.
Simply put, please don't make the flood potential any worse.
I accept what God does, but not always what man does.
R E C k i�'y 2 17 1991
September 16, 1991
City of Edina Planning Department
4801 West 50th Street
Edina, MN 55424
RE: Z-91-5 and S-91-5 (Opus Corp.)
Dear Sir or Madame,
We are writing to express our strong support for the rezoning which would allow for the
redevelopment of the property as proposed. We feel that the proposed modifications will
greatly enhance the area while improving the recreational services available to the community.
For sometime the residence of the area have had concerns about the safety issues
surrounding the traffic associated with the existing baseball diamonds. These concerns have
been previously brought to the attention of the City Council. The changes as proposed will
eliminate this situation. Moreover, the development of the property into a public golf course
will deter the congregation of youths, and use of alcohol, in the area late at night.
Unfortunately, because of prior commitments, we will not be able to attend the public
hearing and have the opportunity to voice our support for the proposed rezoning. Nonetheless,
we anticipate that our views will be equally considered (to those expressed by individuals in
attendance) in the decision -making process.
Sincerely,
Les and Mary Robison
7421 Kellogg Avenue South
Edina, MN 55435
Home: 927-5687
Work: 626-2778
,
RECEIVED SEP 1 8 1991
I ir
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h. Recommended conditions to approval -
(i)
Platting of the property
(i) Final plat
approval
(ii) Conservation restriction (ii) Staff report is
silent
(iii) Acceptable final development (iii) Staff report is
silent
plans
10. Planning Department Staff Reports - A Comparison
1984 1991
a. Land survey submitted No land survey
submitted
b. 290 feet from rear lot line Distance not stated
of single family lots bordering
north edge of golf course to
proposed building
c. Applicants have stated that
the office building now
proposed represents full
development
Applicants have not so
stated
d. Staff can't document that Staff report is silent
such a commitment (that the golf on this point
course would always remain as
a buffer) was made, either
explicitly or implicitly, to
the City
e. The proposed five story building Staff report is silent
is somewhat taller than
surrounding developments. The
office building to the West is
one story in height and the
offices to the East are three
stories
f. A rezoning to POD-1
which has a four story
height limit may be more
appropriate for the subject
property
g•
The building could
be relocated southerly to
provide a more generous spacing
from the homes to the north.
The desire (by the developer)
to take advantage of the views
afforded by the golf course is
understandable. We believe
that the amenity value of the
course could still be realized
if the building were moved
100 feet southerly
Staff report is silent
Staff report is silent
9. The Law - Honn v. City of Coon Rapids
Classification of property as single-family residential is
presumed to be well planned and intended to be more or less
permanent. The burden is on the party seeking the rezoning to
show either some mistake in the original zoning or that the
character of the neighborhood has changed to such an extent no
reasonable use can be made of the property in its current
zoning classification. Honn v. City of Coon Rapids, 313 NW2d
409 (1981)
1/21/85
Rather, sometime in the future Mr. Rauenhorst intended to come to the City and request
that something happen on the property, because he feels that this property has value.
Mr. Worthington reasserted that the Comprehensive Plan does show the property to be
"quasi -public" with an R-1 zoning and a "quasi -public" land use on the property,
which means "some things" can happen on the property which is why he is requesting the
rezoning. Mr. David Cooper, 4521 Sedum Lane, read a statement from 130 neighbors
who want the denial of the petition for the zone change. Mr. Richard Heims, 7416
West Shore Drive, questioned how many years before this would be up for rezoning
again. He also asked what would happen to Arneson Park; it was answered that it would
be kept as a park. Mr. Helge Thomsen, 4705 Hibiscus, stated that he was involved in
this 20 yea-rs ago, and his was the first house built there. At that time, he remembers
the promise that the golf course would always remain a golf course. Mr. David Byron,
7433 West Shore Drive, said that this issue is like "shooting at a moving target."
The project has moved out of proportion; the proposed square footage of building keeps
getting larger. Mr. Byron pointed out that in 1962 the whole development was based
oft the golf course at that particular location. Mr. Jess Cohen, 4405 Dunham Drive,
reported his long-time standing in the area, as he had been involved in the South
Garden Association in 1961. He said that there is plenty of traffic now going east
and west out of the Pentagon Office area because of the golf course. Council Member
Richards asked Mr. Worthington if there was a plan for a golf course facility within
the proposed building; Mr. Worthington commented that it would be studied but that the
design doesn't anticipate it. Mr. Ken Kolar, 7413 West Shore Drive, reported that the
traffic situation in the area is intense right now and that this must be a real pro-
blem to the City. He questioned a parking lot for 500 vehicles. Council Member
Richards pointed out that because of changing times perhaps this land could better
serve the community; for example, develop a recreational facility. He would support
a proposal considering a three-story building pulled more to the south, a reduction
in the parking lot, donating the rest of the land to the City, solving any drainage
problems remaining, and creating a clubhouse. Member Turner indicated that she did
not support a zoning request; she felt the rezoning would not protect the single-
family house. With no further discussion, Member Kelly's motion that the rezoning
proposal go back to the Planning Commission at its February 27th meeting was seconded
by Member Richards.
Ayes: Kelly, Richards, Turner, Courtney
Motion carried.
FINAL DEVELOPMENT PLAN FOR THE EDINA FA."LILY CARE CLINIC APPROVED. Mr. Hughes reported
on the final development plan for the Edina Family Care Clinic, 5203 Vernon Avenue,
generally located east of Vernon Avenue and north of Link Road. The subject property
is zoned Planned Commercial District 2 (PCD-2) and is being used as a medical office
for three physicians. The owners are requesting approval of a plan to construct an
addition of approximately 1,100 square feet to the building. The addition includes
a full basement resulting in an addition of 2,200 square feet in floor area to the
building. The main floor would be used primarily as office space with the basement
area used for storage. The zoning ordinance now requires that medical clinics provide
one parking space for each 200 square feet of gross floor area plus one space for each
physician. This results in a requirement of 22 spaces for the existing use and
eleven spaces for the proposed addition. The owners are proposing to lease seven
spaces on adjacent property for a total of 28 spaces, resulting in a need for a five -
parking space variance. Staff recommended approval of the proposed addition and
granting a variance from the parking space requirement. The leased parking should
be utilized by clinic staff since it does not relate directly to existing parking on
the site. Mr. Jack Barren, a representative of the Edina Family Care Clinic, indicated
that the expansion was for office space only and that no additional physicians were
anticipated. Staff's support of the proposed variance is based upon the particular
space needs of the existing clinic with its three physicians. There being no further
discussion, Member Richards moved adoption of the following resolution:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final
Development Plan for the Edina Family Care Clinic, 5203 Vernon Avenue, presented at
the regular meeting of the City Council of January 21, 1985, be and is hereby approved,
subject to receipt of an acceptable easement for parking from the adjacent property
owner.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Richards, Turner, Courtney
Resolution adopted.
HEARING DATE LEFT OPEN FOR AMENDMENT TO SOUTHEAST EDINA RECEVELOPMENT AREA PLAN.
Staff recommended that the hearing date for the amendment to the Southeast Edina
Redevelopment Plan be left open at this time. Member Kelly's motion to leave the
hearing date open was seconded by Member Turner.
Ayes: Kelly, Richards, Turner, Courtney
Motion carried.
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
JANUARY 21, 1985
Answering rollcall were Members Kelly, Richards, Turner and Mayor Courtney.
COtL`1L'NITY SERVICE AWARD PRESENTED TO THE CITY OF EDINA AND THE EDINA RECYCLING
COND ISSION: BY GOODWILL INDUSTRIES. Del Edwards, a representative of Goodwill
Industries, presented the Community Service Award to Mayor Courtney for the City of
Edina and the Edina Recycling Commission for assistance in developing or expanding
community awareness in support of Goodwill Industries Easter Seal Societies. Since
1981, the Edina Recycling Center has been a very popular donation point; 340,000 pounds
of donated household material has been collected since then. The Recycling Commission
through its Recycling Center has afforded Goodwill Industries the opportunity to continue
services to the disabled community within the Twin City area. Individuals on the
Recycling Commission were commended by Mrs. Edwards for helping her to get to know the
recycling business. She pointed out that it is a tribute to the Commission that it is
their 15th year in the recycling business.
MINUTES OF THE REGULAR MEETINGS OF NOVEMBER 5, DECEMBER 3 AND 17, AND SPECIAL MEETING
OF DECEMBER 28, 1984, APPROVED. The motion submitted by Member Turner to approve the
minutes of these meetings was seconded by Member Richards.
Ayes: Kelly, Richards, Turner, Courtney
Motion carried.
PUBLIC HEARING ON ZONING CHANGE FROM R-1 TO MD-5 FOR EDINBOROCGH LEFT OPEN.
As recommended by staff, Member Richards' motion was seconded by Member Turner to
leave open the public hearing date for the second reading of the zoning change from
R-1 Single Dwelling Unit District to MD-5 Mixed Development District for Edinborough,
generally located west of York Avenue and south of West 76th Street.
Ayes: Kelly, Richards, Turner, Courtney
Motion carried.
PROPOSAL FOR ZONING CHANGE FROM R-1 TO POD-2 FOR OPUS CORPORATION:/NOR`ANDALE GOLF,
RETURNED TO PLANNING C0`P1ISSION. Mr. Hughes reported on the proposal by Opus/Norman-
dale Golf, Inc. for rezoning from R-1, Single Dwelling Unit District, to POD-2, Planned
Office District. The subject property is generally located north of West 77th Street
and east of T. H. 100; it measures 27.5 acres in area, and it is the present site of
Normandale Golf Course which is a nine -hole, par 27 executive course. The golf course
is served by an existing A -frame pro shop/ticket office and a parking lot which is
accessed from West 77th Street. The subject property is designated "quasi -public" by
the Edina Comprehensive Plan. Adjoining the rezoned parcel to the west and east are
developed properties which are zoned POD-1. Across the street to the south are pro-
perties zoned PID and POD-2. Adjoining the northerly edge of the golf course are
developed R-1 lots, and adjoining the east boundary of the golf course is Lake Edina
Park. The applicants request a rezoning of the southerly 6.75 acres of the property to
POD-2, Planned Office District. A preliminary development plan has been submitted which
shows a five -story 106,600 square foot office building for the rezoned parcel. All
parking will be located between the proposed building and West 77th Street. The pro-
posed building location maintains a distance of about 290 feet, at the closest point,
from the rear lot lines of the single family lots which border the north edge of the
golf course. Mr. Hughes stated that according to City records the office/industrial
land in the vicinity of the subject property was rezoned in 1962. The City Council
minutes documenting this rezoning note concern expressed by some residents and Council
members regarding future development of the golf course. Although the minutes indicate
a discussion concerning deed restrictions or protective covenants to prohibit futures. �r
development of the golf course, no such restrictions were thcn imposed and, to the Cit,
knowledge, no restrictions now exist which affect the development of the golf course
other than normal zoning and development controls. Mr. Hughes noted that the City of
Edina may be interested in acquiring the balance of the property and operating the golf
course. He also noted that, from a land use standpoint, the proposed development of
the southerly portion of the site for office purposes and the retention of the balance
of the site as a golf course/open space/buffer represents a reasonable use of the pro-
perty which is in keeping with surrounding developments. However, the proposed five -
story building is somewhat taller than surrounding developments and therefore a rezoning
to POD-1, which has a four-story height limit, may be more appropriate for the subject
property. Mr. Bob Worthington, Executive Director of Government Affairs for Opus
Corporation, was introduced; he explained that a portion•of the building would be used
for a clubhouse for the golf course and that there would be an easement on the balance
of the property to insure that the open space remains. He stated that Mr. Rauenhorst,
the original developer, did not intend for this land to always remain a golf course.
8. City Council Minutes - January 21, 1985
See attached Minutes.
"Council Member Richards pointed out that because of changing
times perhaps this land could better serve the community; for
example, develop a recreational facility. He would support a
proposal considering a three story building pulled more to the
south, a reduction in the parking lot, donating the rest of
the land to the City, solving any drainage problems remaining
and creating a clubhouse."
"Member Turner indicated that she did not support a zoning
request; she felt the rezoning would not protect the single
family house."
"Member Kelly's motion that the rezoning proposal go back to
the Planning Commission at its February 27th meeting was
seconded by Member Richards." Ayes: Kelly, Richards, Turner,
Courtney. Motion carried.
additional physicians are added to the practice a parking
problem would result. Mr. Larsen noted that support of the
proposed variance is based upon the particular space needs
of the existing clinic with its three physicians.
Mr. Jack Barren, representative of Edina Family Care
Clinic, assured the Commission that the expansion was for
office space only and no additional physicians were
anticipated. He presented a memorandum listing the use of
the additional facility.
Mr. Palmer moved for approval and Mr. Sked seconded the
motion. All were in favor; the final development plans
were approved.
Bob Worthington reminded the Commission that only a
portion of the property would be rezoned. He explained that
Opus Corporation was attemptinged to assist the City in
obtaining the golf course.
Mr. Runyan commented that it would be possible to build
an office as proposed, however, he would not be in favor of
any further development.
-Mrs. McClelland felt that extensive research had been
done by the neighbors to support their opposition.
Mr. Del Johnson moved for denial of the proposed
rezoning and subdivision and Mrs. McClelland seconded the
motion. All were in favor; the motion was approved and the
rezoning and subdivision denied.
III. NEW BUSINESS;
P-84-3 Final Development Plan
Edina Family Care Clinic, 5203 Vernon Avenue
Generally located east of Vernon Avenue and North of
Link Road
Mr. Craig Larsen stated that the subject property is
zoned Planned Commercial District 2 (PCD-2) and is being
used as a medical office for three physicians.
The owner's are requesting approval of a plan to
construct an addition of approximately 1,100 square feet to
the building. The addition includes a full basement
resulting in an addition of 2,200 square feet in floor area
to the building. The main floor would be used primarily as
office space with the basement area used for storage.
Mr. Larsen reported the Zoning Ordinance now requires
that medical clinics provide one space for each 200 square
feet of gross floor area plus one space for each physician.
This results in a requirement of twenty-two spaces for the
existing use and eleven spaces for the proposed addition.
The owners are proposing to lease seven spaces on adjacent
property for a total of twenty-eight spaces, resulting in a
need for a five parking space variance. The Zoning
Ordinance allows the Commission and Council to consider
variances as part of the Planned District review process.
Mr. Larsen recommended approval of the proposed
addition and also recommended granting a variance from the
parking space requirement. The leased parking should be
utilized by clinic staff since it does not relate directly
to existing parking on the site. A concern, however, is if
the golf course to emphasize the impact a five -story
building would have on the neighbors. He said that he had
spoken with Warren Hyde, former City Manager and George
Hite, former Planning Director. They believed that the
subject land would always remain golf course. He presented
- a letter from Mr. Hite stating so.
Mr. Helge Thomsen, 4705 Hibiscus Ave. S., stated that
he had attended those meetings when the area south of Lake
--Edina-Addition was being developed. At that time Pentagon
Park called for five stories which was two stories above the
then existing code. Due to much controversy, a compromise
was established between the neighbors and Mr. Rauenhorst.
The neighbors were guaranteed that the golf course would
remain permanently as a buffer and the five -story Pentagon
Park building was agreed upon.
Mr. David Byron, 7433 West Shore Dr., presented 30
additional signatures to the petition opposing the rezoning.
Mr. Byron commented that the November 28th Staff Report was
pro -developer and that parcel of land proposed for rezoning
was described as the southerly 6.5 acres. This description
was misleading. He further commented that Staff stated they
found no documentation of the agreement with the City to
permanently retain the golf course with the City. He
believed documentation existed.
Mr. Byron told the Commission that Mr. Rauenhorst was
unable to develop the industrial park until the City adopted
an industrial ordinance. The permanently guaranteed golf
course buffer was used to sell this project to the City and
the active neighborhood committees who were involved at that
time. Mr. Byron based his opinion on documentation and
research of records on file in the Planning Department
files.
He stated that the Edina Zoning Ordinance lists 13
specific objectives, not one of which would be met if this
rezoning proposal was to be granted. At least half of them
would be met if the rezoning was denied. These are the
guidelines which should be followed.
Mr. Fred Allen, 7453 W. Shore Drive, believed that the
golf course plans presented were misleading because they
were out of scale. He pointed out that trees would have to
be cut down for this development and a five -story building
would be totally out of proportion. The proposed location
of the parking lot is illogical and undesirable.
Roger Peterson, 7505/07 W. Shore Drive, purchased his
property in 1970. He inquired of the status of the golf
course before purchasing his property and was told it would
remain open space.
VP.
II. OLD BUSINESS:
Z-84-3 Opus Corportion/Normandale Golf Course
S-84-14 Camelot West. R-1 Single Dwelling Unit
District to POD-2, Planned Office District
Mr. Gordon Hughes reminded the Commission that this
item had been continued from the November 28, 1984, meeting
in order for the Commissioners to view a golf course plan
prepared for the City. He presented the plan and
illustrated the location of the proposed office building.
He noted that this plan had been approved by the Park and
Recreation Department; Kenneth Rosland, City Manager and
John Vallerie, Manager of Braemar Golf Course.
Mr. Bob Worthington, Opus Corporation, was present to
answer any questions.
Mr. Dave Cooper, 4521 Sedum Lane, presented a petition
signed by 130 of the neighbors opposing the rezoning. He
stated that it was contrary to the South Edina Plan and the
Comprehensive Plan.
Mr. Bill Sexton, 4901 Poppy Lane, presented pictures
taken from Fred Allen's property, 7453 West Shore Drive, of
7. Planning Commission Minutes - January 2, 1985
See attached Minutes.
SANIBELwjside.uriskk
38 Gulf Beach Condominium Residences, 610 Donax Street, Sanibel Island, Florida 33957
Telephone (813) 472-1876
7 February 1985
Gordon Hughes
Director of Planning
City of Edina
4801 W. 50th :.t
Edina, ::n. 55421+
Dear :.:r. Hughes:
It has come to my attention that the Rauenhorst organiza-
tion has a pending application for development of at least some
of the land corprising the Norrnandale Golf Course. I have been
asked to state my recollections of the history of the planning
of that area.
When the Dale Green property was put nrs for sale, Tom Chap-
man, real estate dealer, was quite inc ensed when I refused to
recommend that the City buy it for a golf course. We had just
concluded, I believe, the purchase of the Hayes Farm ,which is
now Praemar Park. Very soon after Chapman approacl-ed me, Gerald
Rauenhorst bought the Dale Green land from an estate in Boston.
i.ir. Rauenhorst-then started planning development and we
had :nany meetings with ovmers of residential property to the
north to work out a reasonably satisfactory zoning. Bloomington
had already zoned for office and industrial on the north side of
494 and our problem was to work out a buffering off into less
intensive usages. If my memory serves me correctly, and I think
it still does, the golf course was proposed at the end of the
process, as a final buffering between office Luildings and single
family residential which was already in existence. It was certainly
the intent of the City that the golf course have deed restrictions
on it to guarantee its use in perpetuity. Apparently., however,
we never secured i:ir. Rauenhorst I s written consent to this. I am
positive, however, that .:any verbal pledges were made on this point.
I regret that we did not _resist upon a legally binding statement,
but we thought we were dealing in food faith on both sides.
I hope this statement vvi 11 he 1p t e Planning
its deliberations. SinA ly,
— OFFICERS — ydrrreen C • H;,r
WARREN C. HYDE, President -Manager JOHN J. BARTICOWSKI - Vice -President ALFRED M. HELO - Treasurer -Associate
Comi sion in
t3 ELDON Q. JOHNSON - Secretary
DR. ROBERT G. NETH, Director
WILLIAM BAKER, Director
HARRY BALKE, Director
6. Letter dated February 7, 1985 from Warren C. Hyde, former
Edina City Manager, to Gordon Hughes, Director of Planning
"It was certainly the intent of the City that the golf course
have deed restrictions on it to guarantee its use in
perpetuity. Apparently, however, we never secured Mr.
Rauenhorst's written consent to this. I am positive, however,
that many verbal pledges were made on this point. I regret
that we did not insist upon a legally binding statement, but
we thought we were dealing in good faith on both sides."
December 28, 1984
Mr. William Sexton
4901 Poppy Lane
Edina, MN 55435
Bill,
My recollection of the Pentagon Park zoning and development
plan approval includes a quid pro quo between the golf course
set aside and the allowed office development pattern and
density.
The early 1960s was a period of difficult adjustment for
Edina planners, officials and residents. Large scale office
and industrial park proposals for the southern Edina areas
east and west of T.H. 100 were viewed as essential to the
establishment of a more diversified property tax base yet
potentially detrimental to the residential areas to their
north. A good deal of attention was paid to assuring vehi-
cular separation between these residential and non-residential
areas and to establishing the greatest degree of spatial
separation possible.
The Normandale Golf Course became an integral part of the
Pentagon Park plan as a means of achieving the spatial
separation objective. My recollection is that among the
incentives established for the office park developer in
exchange for the golf course set aside, was the opportunity
to utilize the land area represented by the golf course in
establishing the allowable building floor area in the area
zoned for office use. In the jargon of the city planners,
this means that the FAR (floor area ratio) calculation in-
cluded the golf course acreage.
Sincerely
George Hite
GH:cr
5. Letter dated December 28, 1984 from George Hite to William
Sexton
"My recollection of the Pentagon Park zoning and development
plan approval includes a quid pro quo between the golf course
set aside and the allowed office development pattern and
density."
"The Normandale Golf Course became an integral part of the
Pentagon Park plan as a means of achieving the spatial
separation objective. Mr. recollection is that among the
incentives established for the office park developer in
exchange for the golf course set aside, was the opportunity to
utilize the land area represented by the golf course in
establishing the allowable building floor area in the area
zoned for office use."
P.:_m i t for s Texaco gasoline service
st : tion on the Community
omW unity Store site was c.S unanimously�pr
approved.
red.
The Commission also instructed U,r. Hite to inform both the
Council end the applicants that all recommendations were
baino made with the understanding that the road pattern
along the East Service Road may change to the extent that
access to Normandale Road would be .moved northl•,ard to West
77th Street and that env recipi=nts of re-onirgs in this
area should have a clear Understanding or this
possibility.
RAUENHORST CONSTRUCTION COMPANY'RE.Z3NIN(.,HEARING CONTINUED TO MONDAY, MAY 28.
Clerk presented Ar:idav:t or rublication or "Notice or Public bearings on
Petition for Rezoning from Open Development District to Planned Industrial
District, Office Building District, and Community Store District, and Petit on
for Special Permit for Gasoline Service Station", publication being in Edina-
Morningside Courier on May 3 and 10, 1962; also submitting affidavit of
posting copies of said notice of hearing on three Village Bulletin Boards as
of Hay 1, 1962. Notice was approved as to for and ordered placed on file.
Pursuant to said Notice, Public Hearing was conducted on the petition of
Rauenhorst Construction Company for rezoning that part of their proposed
"Normandale Center Industrial Park" set forth in said Notice --the property
under consideration for Rezoning lying along the South Village Limits, bounded
on the West by Normandale Road, on the East by Wooddale Avenue extended, and
on the North by Normandale Center Golf Course and Registered Land Surveys Nos.
679 and 9384 and the special permit requested for Gasoline Service Station
(by Texaco, Inc.), is also within the tract described. There were no objections
registered to the proposed rezoning. Mr. Hite, Planning Director, presented
to the Council the overall plan, reporting that Planning Commission has
recommended that only the portion under consideration tonight be presented
for rezoning, now, in order that its development might be watched before
rezoning is granted for the balance, and because plans for development of
neighboring properties are not yet final. Mr. Helga Thomsen, 4705 Hibiscus
Lane, inquired if there were any plans, now, for rezoning the area North of
the Golf Course, and was answered in the negative. He inquired as to whether
there will be any restriction estopping the golf course property from being
converted to another and more profitable land use, as land in this area
becomes more valuable. Mr. Hite replied that the whole developmeis based
on the golf course's being at this location; that a petition for rezoning
would have to be granted 6y the Council before it could be used for anything
other than one -family dwellings. Mr. Bredesen inquired of Messrs. Rauenhorst
and Anderson as to whether they would be willing to provide either a deed
restriction or some other covenant prohibiting golf course land from being
used for other purposes; and Attorney Hasselquist told Council that, were such
restriction providld it could be terminated after a certain number of years.
Mayor Bredesen suggested that the Hearing be continued for two weeks, until
May 28, for further Council study of the over-all development plan, and Van-
Valkenburg so moved. Motion was seconded by Tupa, and carried, with Dickson
voting No. Planning Commission recommendations of May 2 had been reviewed by
Council during discussion on this matter. Developers were asked what proposals
they had for the Planned Industrial District,and Council was informed that there
are no proposals for this as yet, but that application has been received for
the Office Building District.
4. Minutes of village Council meeting held on May 14, 1962
regarding "Rauenhorst Construction Company Rezoning Hearing"
"Mr. Helge Thomsen ... inquired as to whether there will be
any restriction estopping the golf course property from being
converted to another and more profitable land use, as land in
this area becomes more valuable. Mr. Hite replied that the
whole development is based on the golf course's being at this
location..."
1. Minneapolis Star - March 14, 1961
"Rauenhorst Development Corp. plans the 180 acre project ....
"Gerald A. Rauenhorst, President, said plans call for about 90
acres of light industry, two motels, ... a golf course ..."
The golf course ... planned along the northern edge of the
area to serve as a buffer ..."
Plans for an industrial -
commercial • residential de-
velopment which may mean
an eventual fifteen million
dollar investment were .an-
nounced today) ►
Rauenhorst" • r revel
Corp. ,plans the 180-0cse
project at the northeast cor-
ner of Normaedale road and
78th St:. About. 7,11 acres. lid
in Bloomington, the rest in
Edina.; t t.. i. +'-. •, it
G e ga'l�d!•A, Rauenhorst,
president, laid plans call for
about 93 acres- of light -In-
dustry, two nwtels. two-8-
to 10-stdry Itr<xury apart -
one ar a !oC at least
onearU ici-ifa Tnd prob-
ably a shopping center.'
A new plant for Control
Data's Cedar Engineering di-
vision is tentatively planned
for a site in the development.
It will be Control Date's sec-
ond plant in Bioomista.
The project was designed
by Midwest Planning and Re-
search, Inc..
- The' Rauenhorst Corpora-
t
15 -million -dollar .Project Planned - f o
•
By GWENYIH JONES :1,, bUildiog design. Rauenhorst
•
Minneapolis Star Sind Writer - said. •-
The corporation will- sell
land and building together, or
build and lease, or provide a
"turn -key" operation under
cupancy scheduled for Aug. 1.
Control Data recently an-
nounced plans for a 1 rh-mil• -.
lion -dollar research and head..,
quarters building in the east
part of Bloomington. south-
which it takes responsibility eaat . of ¥wy 494 and 24th
for design, construction and Av.- .N " ' .'•
furnishing- - • At Least some of the apart.,
Rauenhorst -said he hopes ment buildings planned tort
to see 70 per cent of the de- the development will be co-:-
velopment completed within operative, . Rauenhorst said,.;;
two years, - with occupants "buying" an
Control Data has informed apartment and paying a
Rauenhorst of its intent to monthlyserving, fee.,
take a 20-actp iti igrtg.76. -Te t. 'ire 'added too:
000-squarestoot 750,000 usie. -.nine rolershort -
building-fbc fio,-"C&ar Engl. col• O hmming pools_ and'
neering division, Whlch1ltad= ten$is -, ,»
ufactures oomputereccessory
equipment • Control Data of-
ficials said -details would be
announced later.
The division. no�w•located
In St. Louis Park, has 250
employes, and will probably
employ about 400 when it
moves into Bloomington. The
plant is designed to accom-
modate 500. •
The one-story building will
face west on Computer Blvd.,
one of the new streets in -
corpora in the plan.
to nerve a i
T3r7t37:7143•r
a
Minneapolis Star - 3-14-6I 747-- -•
loomington - Edina ArE
•fit r O *.Z6.3* ' j"eL•��a .
Drawing by Midwest Planning and Reaea:eh.
e+. INCLUDED IN PLAN are (A) industrial
Several buildings ahead, area; (B) hotel and motel and commercial;
in the areahave been in11 (C) officer, (D) golf course and (E and F)
corporated into the plan3 residentlaL Already completed within the
They include: area are (1) Vaughn's, Inc; (2) Raueo-
Rose !mount Engineering
Co.,. manufacturers of tem;
perature probes and .other
electronic devices, who have
horst Development Corp.; (3) Rosati.
Engineering Co. and (4) Melroe Mant
turing Ca Control Data plans a built
at (S). ,
years. • a year ago.
Vaughn Displays, Inc., Rauenhorst Construction
makers of flags, floats and 1 Coy there for a year and a
makers of farm equip
whose Minneapolis o f
building is now under
hesitate to point out that golfers really never have been paying
the true tariff of their pleasure.
I am a golfer.
Lastly, because no other media may present itself, I take this
opportunity to thank the Rauenhorst person or family for the many
free rounds of golf enjoyed by my daughter and myself this season.
As I said before, a gift is a gift.
I would hope these remarks and suggestions will contribute to the
success of this project and to the overall enhancement of Edina.
Thank you.
Sincerely,
A. G. Lowell
AGL/ls
Agenda Item IV.B
M
J
MA
(Recd 4:20 p.m. 9/20/91)
Minneapolis Internal Medicine Associates
1633 Medical Arts Building, 825 Nicollet Mall, Minneapolis, MN 55402
612-332-8314
Richard Adair. M.D.
Michael K. Cummings, M.D.
R. Charles Petersen, M.D.
September 19, 1991
The Edina City Council
c/o City of Edina Administrative Offices
4801 West 50th Street
Minneapolis, Minnesota 55424
Paul P. Phillips, M.D.
Donna M. Rodel, M.D.
Richard R. Sturgeon, M.D.
Paul M. Sutter. M.D.
Dear City Council Members:
My wife and I recently moved into a have at 4904 Poppy Lane in
Edina. We are extremely concerned over the proposed Rauenhorst-
Opus four story office building location.
We are exceedingly concerned that this plan would have a
devastating effect on our neighborhood. It goes without saying
that such a large office building will dramatically lower the
value of the homes in that vicinity, and lead in the future to a
less well kept and attractive neighborhood. It would be particu-
larly harmful to our neighbors on West Shore Drive who would be
directly in sight of this building.
We attended the September 4th Planning Commission meeting and
were discouraged by the planned rezoning. As outlined by
Planning Commissioner Dave Byron, this entire 28 acre golf course
area was intended to remain a buffer zone since its inception.
The neighbors who have lived in our area since the early 1960s
clearly remember this. It seems unfair and unethical to now
decide, based upon business concerns, to change this zoning
status, and subsequently devalue our neighborhood and certainly
devastate the homes along West Shore Drive.
We urge you to vote against the rezoning of our neighborhood and
defeat any plan which would allow for large buildings to look
down upon our homes. This is our neighborhood and the place
Where we want to raise our families. I know that my wife and I
would rally to the defense of other families in the community of
Edina if they were threatened, as our neighborhood is now. We
are asking the council members to act on our behalf and vote to
preserve our neighborhood. Please be our spokespeople in this
matter.
Sincere�,c�n,�
V�
R. Charles and Diane E. B. Petersen
RCP:si
�y `
Agenda Item IV.B.
Rec'd 9/23/91
PAUL LARSON
08 GYN CL N;c. P.A. September 20, 1991
TO: Honorable members of the Edina City Council
RE:
Proposal to rezone a portion of the Normandale Golf Course
to POD-2 to allow the construction of an office building
and redevelopment of the remainder of the golf course as a
public golf course.
Please read prior to hearing: Monday, September 23, 1991.
Dear Honorary Council Members:
I am writing to express my opposition to a proposal that would change
the zoning of a portion of the Normandale Golf Course to POD-2 which
would allow the construction of a 5 or more story building on that
property.
I live at 7445 West Shore Drive and my property adjoins the Normandale
Golf Course. I purchased this property in 1965. At the time I purchased
this, I discussed the fate of the golf course with the Edina City Manager.
I was assured that Edina is a residential community and homes in Edina
would never be encroached upon by commerical property. I was further
reassured that the golf course would always remain as a bumper zone be-
tween residential property and commercial buildings across the golf course.
The City of Edina demonstrated the reality of this reassurance to the resi-
dents of Edina a few years later. A developer proposed a zoning change
that would allow the construction of a multi -story office building on the
south side of the golf course. This was not on the golf course, but
across the golf course. The proposal was rejected by the city council
and lo, 3 story buildings were built along the course.
Now a proposal is before the Edina City Council to rezone a portion of
the golf course POD-2. This would allow the construction of a 4 or more
story building on the golf course property. This building would be close
to neighborhood property and severely affect the quality of life there.
The placement of a building in the line of vision of homes that have had
the view of a peaceful green golf course buffer from commercial property,
PAUL LARSDN OB GYN CLINICrne confusion of busy parking lots that probably will be lighted all night
6517 Drew Avenue South
Edina, Minnesota 55435
(612) 927-4021
Shuneui Chun. M.D,
Maria A. Cramer. M.O.
Paul A. Jensen. M.D.
William C. Meyer, M.O.
Robert R. Neal. Jr.. M.D.
Genera A. Nelson. M.O.
Oliver H. Peterson. Jr., M.D.
Douglas M. Sodereerg, M.D.
E. Thomas Lerida, Administrator
Page two
long will adversely affect all those that live close to this property.
In addition, residential property values will be reduced in the entire
neighborhood if this project is completed.
There is a current property line between the south border of the golf
course and the commercial properties located to the east and the west of
the golf club house building. If these borders were connected and com-
mercial property with a zoning of POD-1 was given to the land south
of this border, a building site for a smaller commercial building would
be created where the golf club house is now. This site would accommodate
a 3 or possibly 4 story building. I do not belive this would be objec-
tionable to the neighborhood and would be desirable for a developer.
The remaining golf course would not be encroached upon and the west end
of the golf course would be wider and safer.
I am strongly in favor of Edina purchasing and redeveloping the golf
course as a public golf course.
Thank you for your consideration.
Paul A. Je .e , Resident
7445 West .ho e Drive
Edina, Mt'4
t Cat C
. au
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
Kenneth Rosland
Craig Larsen
September 23, 1991
Agenda Item zv. C.
Consent
Information Only Mgr. Recommends I I To HRA
Z-91-6, and S-91-8,
R-1, Sin le Dwelling
Unit to PRD-2,
Planned Residence
District and Preliminary
plat approval
Parkwood Knolls 23rdi
Addition.
`! To Council
Acton rx1 Motion
Resolution
r--
X ! Ordinance
Discussion
Recommendation:
Continue Public Hearing to November 4, 1991. The proposed rezoning
and preliminary plat would be considered following a public hearing
on the proposed vacation of Harvey Lane.
INFO/BACKGROUND
The Planning Commission has recommended approval of the proposed
rezoning and 11 lot subdivision conditioned on the vacation of
Harvey Lane. Harvey Lane is a dedicated unimproved piece of right-
of-way connecting Malibu Drive to the property adjacent and
immediately west of the proponents property.
The vacation of Harvey Lane requires a separate public hearing by
the Council. Staff and the City Attorney believe the street
vacation should be decided before consideration of the rezoning
since the development assumes the vacation of the street.
November 4, 1991, is the earliest possible hearing date which
allows for required publication and mailing of public notices to
affected property owner's.
Harvey Hansen, the proponent, has agreed to this continuance.
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
Kenneth Rosland
Craig Larsen
September 23, 1991
S-91-6, Preliminary
Plat Approval,
Wooddale Lakes
Addition.
Agenda Item
Consent
Information Only
Mgr . Recommends
ESL D.
To HRA
x I To Council
Action , x ii Motion
Resolution
�! Ordinance
Discussion
Recommendation:
The Planning Commission recommends preliminary plat approval of the
revised six lot plat conditioned on:
1. Final plat approval
2. Subdivision Dedication
3. Grant of 50 foot conservation easement along pond
4. DNR review and permits, if required
5. Watershed District grading permits and drainage analysis
6. Developers Agreement
7. Release of right-of-way by MNDOT for extension of West 64th
Street.
INFO/BACKGROUND
This development was initially proposed as an eight lot plat. The
Planning Commission accepted staff's recommendation to reduce the
number of lots from eight to six. The proponents presented an
acceptable six lot plat to the commission.
500 Foot Neighborhood
Median lot width
Median lot depth
Medial lot area
82.2 Feet
135 Feet
10,280 Square Feet
8 Lot Preliminary Plat
Lot Width
Lot Depth Lot Area
Lot 1 85 feet 135 feet 11,474 s.f.
Lot 2 90 feet 135 feet 11,675 s.f.
Lot 3 *80 feet 165 feet 15,437 s.f.
Lot 4 90 feet 145 feet 16,508 s.f.
Lot 5 92 feet 135 feet 13,366 s.f.
Lot 6 85 feet 275 feet 22,959 s.f.
Lot 7 82.5 feet 175 feet 14,726 s.f.
Lot 8 82.5 feet 180 feet 18,782 s.f.
* Variance required
Reduced 6 Lot Preliminary Plat
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot Width
115 feet
86 feet
90 feet
90 feet
94 feet
125 feet
Lot Depth Lot Area
175 feet
180 feet
175 feet
160 feet
270 feet
185 feet
19,393 s.f.
18,418 s.f.
20,046 s.f.
16,362 s.f.
31,154 s.f.
23,999 s.f.
The revised 6 lot preliminary plat accomplishes three important
objectives:
1. Lot dimensions and areas are increased and the lot width
variance is eliminated.
2. More space is provided adjacent to crosstown to construct
noise mitigation features.
3. Building pad areas are increased and more space is
available for the conservation easement adjacent to the
pond.
J.H. COX COMPANY INC.
2400 Second St. N.E.
Minneapolis, Minnesota 55418
(612) 789-2535
Edina Planning Department
C/O Edina City Hall
4301 West 502H Street
Edina, Minnesota 55424
Attention; Mr. Craig Larsen
Dear Mr. Larsen,
8 -27-91
Mj hone bordors the new Katter Construction Project on Garrison Pond.
'moved to this location because I an a wild life enthusiast,and needless to say,
I an concerned this project might distroy the nesting areas on shore. I realize
the Katter Conpany has purchased the land and they have the right to do as they
wish, with the property. I do understand they were nice enough to agree not to
touch the trees or brush fifty feet from the shore line around the pond. This
would save the nesting area only if this requirement was spelled out in each lot deed.
It would also be a big help to the wild life if they reduced the nunber of lots
in the circle drive fron six to five. They could easily get more for their hones
if they did not crowd then so tight in a already conjested area.
Many of my neighbors are concerned. I an sure with a little help fran the Planing
Department all parties concerned could be happy.
Sincerely , _
_ J.H. COX
6332 Brookview Ave
Edina, MN
P.S. NOTE MAP ON BACK SIDE
6324 Brookview Ave.
Edina, MN. 55424
August 28, 1991
'Ir. Craig Larsen
Edina Planning Commission
1801 West 50th ST.
Edina, MN. 55424
Dear Mr. Larsen;
We have received notification of the Batter Family Partnership's
planned development known as the "Wooddale Lakes Addition". Our
home is across Garrison Pond from the proposed development, and
:e are concerned about the impact this development will have on
the wildlife in the area, property values and our view. Many of
our neighbors are similarly concerned.
We ::ould prefer the development be abandoned, but if it proceeds,
some of the valuable characteristics of the area could be
preserved by leaving undisturbed the pond side portions of the
proposed housing sites. This could be insured by making a 50
foot wide "natural zone" along the shoreline an inviolable part
of part of the agreement each home buyer makes. Reducing the
density of the development would also help in limiting the
changes to the area surrounding Garrison Pond.
Thank you for considering our opinions in this matter. We intend
on being present at the September 4th Planning Commission meet-
ing.
Sincerely yours,
At.‘j
David and Susan Fleming
?) Each of the wildlife species noted above has different
nesting and habitat requirements. To what extent, if any,
has the partnership considered and made provision for
protection of nesting and habitat areas for all the
species noted, as well as others we aren't aware of?
4) In the storm of July 1987, sewage backup was not uncommon
in several homes in the area. Has this been taken into
consideration in allowing development in an area whose
capacity for sewage disposal may already be strained?
These are questions which we assume the Planning
Commission has considered or will consider seriously in making
decisions about the proposed development. The issue, it seems to
us, is not about the rights of property owners to do as they wish
with their property, but the rights of humankind to impose
development on an area which has been untouched by development
for more than thirty years, and which, in that time, has become
sanctuary to a large number of valuable wildlife species.
Clearly, we weigh in on the side of no development of the area at
all. However, if the Planning Commission sees fit to allow
development in an area in which there probably should be none, it
is our hope that such development will be carried out with
minimum adverse impact on the natural beauty and delicately
balanced ecology of the area. It is our intention, and that of
our neighbors, to lobby strongly to that end.
Thank you very much for your consideration. We look forward to
the meeting on Wednesday September 4.
Sincerely,
Jay and JuHornbacher
q-b
4509 Nancy Lane
Edina, MN. 55424
August 29, 1991
Mr. Craig Larsen
Edina Planning Commission
4801 West 50th Street
Edina, MN. 55424
Dear Mr. Larsen:
We are writing in regard to the Katter Family Partnership's
proposed development on the south side of Garrison Pond, named
Wooddale Lakes Addition. The following is a quote from a guide to
the birds of North America:
GREEN HERON
Common, locally abundant, in both fresh and salt water.
Found more than other herons in small ponds and along wooded
streams. Looks more blue than green. Told by its small size,
dark underparts, and bright orange or yellow legs. Flight is
rapid, with deep wingbeats. _Appears all dark at a distance.
Crest is not always visible. Neck is comparatively shorter
than that of other herons. Call, a sharp, descending kew.
The land on and around the proposed development is home to not
only the green heron, but also the following species of wildlife:
- Great blue herons
- Egrets
-Black-crowned night herons
-Red-winged, tricolor, and yellow -headed blackbirds
- Common terns
- Many varieties of ducks
-Canadian geese
- Muskrats
-Beavers
The list could go on and on, but I'm sure you get the point.
The proposed addition is not just a housing development on a
piece of land presently vacant of human habitation; it is also an
intrusion of considerable magnitude into a ecosystem whose value
must be studied and weighed carefully before the project is
allowed to move forward a single step. Such study implies several
questions, among which are:
1) Has an Environmental Impact study been done on the
proposed development? If so, is it on file and available
to the public?
2) A letter from the Katter Partnership refers to eight
homes in the addition. I am not a planner, but this
seems unusually dense for the property, and would imply
removal of most of the trees. How does the proposed
density compare with development on other property of
similar ecological value in Edina?
Page - 1
WILLIAM ANDRUSKO
6304 Brookview Avenue • Edina Minnesota 55424
Phone 922-8464
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c + e r a '..] 0 n C 5 ;-(". habit -at. ti i s n . : � e ? in t7 i ri t h e t l - ,.).j ` ,
.._ a :a.t i nc i_iuc :s such as tif f l e_.hea.as, mergansers, •., i dgeons
-,.a redheads visit ntto pond in Spring and Fall. resting on
eir_- journey "dirt* or _youth. They likewise swim almost
exclusively near the undeveloped shoreline. Will thee Ti�L•7f
_..o be driven away in man _ desire for dollars?
oraeone has apparently proposed a 50 foot "no touch
on the shoreline of each lot to preserve the status quo.
Can we really expect people would buy a lakeshore lot and
eave 50 feet of trees and brush in front, inhibiting the
view one naturally wants with a lakeshore lot? Who would
police a.rtci fine those future homeowners if they should
decide to 'ado a little clearing" if they so desire? NOBODY.
?cot probably some of the new homeowners will have cogs ana
.a-s, both of which are anything but friendly to wildlife.
TD is not hard to imagine there will soon be a marked change
the 'iic_. inhabitants of the Otto pond area.
We hear so much in the media these days about pcesery i ng
:.i^,nesota-s wetlands and natural habitats at all costs.
People here abstain from using phosphorous fertilizers on
_ - -rs which pollute our pond. Laws about any weed spray i na
an Edina ponds are very strictly followed. Blacktop,
cone ete and buildings are graduaiiy squeezing out our
precious wildlife areas, our natural resources. The
e^_°ironment suffers. Edina suffers.
Surely our responsible city of Edina does not really need
the tax collars from these few homes. City services will
have to be provided to all new homes, costing the city
:money. Can any amount of money warrant the destruction of
natural pond wildlife and wetlands? Doesn't Edina have more
prce and sense of responsibility than that? We have always
thought so. Are we wrong?
is our hope that the Edina Planning Commission will not
approve the proposed housing project but will instead act to
preserve this irreplacable area of Edina wildlife.
Thank you for your thoughtful consideration.
Sincerely,
Mrs. Joann Kcuckeberg
Je.62_e-u4
6 3: •' 0 Ti . _:- o k v_ try. w ty v e
Edina, MN. 5S424
Septemoer 1091
r . Craig `;1.rsen
__iiii_. Planning Commission
4801 nest 50th Street
Ectina, MN 55424
Re! 1't � l t. t e[ H o u R i F'r r•-i Project
Woodda I e t:ici i t i r,n
Dear :a: _.•.firsen
Cut- home borders on the pond faced with the Garrison
Development project. When we purchased our home in 1972, we
were told by the owners, the realty and our neighbors that
this pond was Otto pond and was a part of Lake Cornelia. It
has not been called Garrison Pond until Garrison Development
entered the scene recently. One of the reasons we and our
+e i Callon.: hought here was a love and respect for nature. I
have seen many people over the years enjoying a trudge
throutgh the woods in question, children setting up a tent
for a ray- s adventure, people exercising their dogs, people
e&litting a.na contemplating the water and waterfowl,
children fishing and canoeists beaching their -:raft for a
c.iep6.. at the woods. If this was private property, we never
:new who owned but always felt the tern =-ine ;•).-s
forhouses.
er,_' _ _ deer::! that another of the 1ast p i ec=s of
d land in _t l na Is facing extinction at the haric=i'= ot
money motivated housing developers. it { _ proposed that 5,
i_:, 7 or 6 houses be crammed into this small area, directly
djacent to the Aver increasing noise and fumes of Crossto;:gin
62. Gone will; be the nesting sites of many songbirds,
ducks. geese, muskrats, blue heron. owls, egrets,
:ingfishers, grebes, terns, woodducks, pheasants, etc. With
trees and brush removed to make room for more people, the
Crosstown #62 natural noise barrier will be further broken,
probably necessitating the need for ugly fences Cat whose
expense?) and another of Edlna's beautiful wetlands will be
stripped forever.
For many years, including last year and this spring, we have
noticed the daily habits of the egrets and blue herons.
They often stalk the shores of the proposed housing project
q
Sept. 17, 1991
City of Edina Planning Department
4801 West 50th St
Edina, MN 55424
Gentlemen and Ladies,
I attended the preliminary meeting and listened
to Mr. Katter's proposal for developing the area
east of Miller's Lane and north of Crosstown Highway. None of the neighbors are
enthusiastic to say the least. The hour was past midnight when we finally were
heard. Many who would have objected and asked questions had left by that time.
Many questions remain to be answered and here are a few of mine:
1. Why is the body of water on which the proposed development will sit
known as "Garrison Pond?" Although Mr. Katter says that the DNR calls
it that, why did Ceil Strauss of the DNR know nothing of this on the day
of the hearing? Why is this name unknown to any homeowners in the area?
Why do all the maps show it as part of Lake Cornelia? Is it true that
"a pond" is under less stringent environmental rules and laws than a
"lake" and this is the reason?
2. Mr. Katter talks of a "conservation buffer zone." We'd like a larger one
than is presently mandated by law.
3. If Mr. Katter and/or the builders choose not to abide by
conservation laws, who will police them? It seems to us,
that this property can fall through "bureaucratic - city,
federal - cracks. The consequences can be disastrous for
Most sincerely,
Mrs. E. H. Eisenbrey
6228 Brookview Ave So
Edina 55424
926-8107
environmental and
in the neighborhood,
county and
us all.
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ORIGINAL 8 LOT PRELIMINARY PLAT
Lot 6
Lot 7
Lot 8
85 ft.
82.5 ft.
82.5 ft.
275 ft.
175 ft.
180 ft.
27,959 s.f.
14,726 s.f.
18,782 s.f.
*would require a 2.2 foot lot width variance. The variance could
be eliminated by adjusting lot lines since lots 4 and 5 have excess
width.
The Subdivision Ordinance requires the dedication of a conservation
easement 100 feet upland from the ordinary high water elevation of
ponds and lakes. The proponents are requesting a variance from
this requirement. They are suggesting a 50 foot wide easement in
most areas, slightly less in the area of the common lot line
between lots 5 and 6. Development potential of the property is
greatly reduced, if not eliminated when the required 100 easement
is applied. The pond is not a "classified" water body according to
the DNR, and, consequently, there is no prescribed minimum setback
in their shoreland management guidelines. Their recommendation is
a reasonable setback of 35 to 50 feet.
Recommendation:
This is a very difficult parcel to develop. In addition to the
constraints of the pond, the south side of the property is only
about 50 feet from the highway and is at approximately the same
grade. I believe it is important establish an area adjacent to the
highway, sufficiently wide as to allow berming, dense plantings,
and possibly a fence to mitigate the impact of the freeway. I also
believe it is important to protect the natural condition along the
shoreline of the pond. I think the easement as proposed is
adequate and will allow homes to be constructed further from the
freeway. I do have a problem with lots 1,2, and 8. They appear
too close to the freeway for adequate buffering. I would suggest
combining lots 1 and 2 and re -orienting the new lot to the cul de
sac. I would also recommend the elimination of Lot 8. I think the
resulting six lot plat would provide a improved development with
more space to buffer the homesites from the freeway noise.
I would recommend approval of a revised six lot plat with the
following conditions.
1. DNR review, including any DNR permits.
2. Watershed District grading permit
3. Developers Agreement
4. Final Plat Approval
5. Subdivision Dedication
6. Release of right-of-way by MNDOT or relocation of right-
of-way to proponents property.
S-91-6
General
Location:
COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
STAFF REPORT
SEPTEMBER 4, 1991
Preliminary Plat Approval
Wooddale Lakes Addition
Ratter Family Partnership
East of Millers Lane and north of Crosstown
Highway
The subject is an undeveloped parcel of approximately 3.5 acres. It
is bounded on the north and east by a pond, on the south by the
Crosstown Highway and on the west by a public path within Wooddale
Avenue right-of-way.
The proposed preliminary plat suggests the easterly extension of
West 64th Street into the property, turning north and ending in a
cul de sac. The new public street would serve eight new single
family lots. One half of the east -west right-of-way is illustrated
on state highway right-of-way. Development of a city street in such
a fashion will require that the state vacate, sell or otherwise
transfer this land to the city. The proposed development would
also require the relocation of the existing state owned fence along
the highway.
500 Foot Neighborhood
The 500 foot neighborhood includes 45 single family lots. Median
dimensions for the 45 lots are as follows:
Median Lot Width
Median Lot Depth
Median Lot Area
82.2 feet
135 feet
10,280 square feet
Proposed Preliminary Plat
Dimensions and areas for the eight proposed lots:
Lot Width Lot Depth Lot Area
Lot 1 85 ft. 135 ft. 11,474 s.f.
Lot 2 90 ft. 135 ft. 11,675 s.f.
Lot 3 *80 ft. 165 ft. 15,437 s.f.
Lot 4 90 ft. 145 ft. 16,508 s.f.
Lot 5 92 ft. 135 ft. 13,366 s.f
The proposed amendment was not accepted. Commissioner Byron said he
does not feel those lots have the same need as Lot 5.
An unidentified women requested that the plat be reduced to 5
lots, thereby moving the road farther from the walking path.
Chairman Johnson reminded the women that the plat was decreased by
2 lots, which moved the road 8 feet away from the bridge.
Commissioner Shaw seconded Commissioner Byron's original
motion, which accepted Commissioner McClelland's amendment that the
city engineer review the drainage issue for this plat, and rejected
Commissioner Hale's motion to include Lots 2,3 and 4 to the
conservation easement recommended for Lot 5. All voted aye; motion
carried.
Mr. Larsen noted conservation easements do not have to be
uniform. If the "point" on Lot 5 is a concern, Lot 5 can be
independently addressed.
Mr. Katter said he is willing to cooperate with the city to
come to a agreement regarding the conservation easement for Lot 5.
Commissioner McClelland said the proponents have revised their
original proposal from eight lots to six lots and this is a plus.
She added she still has a concern, and that concern is that it
appears that every vacant piece of property in Edina is approaching
development. She added that while she understands the rights of
property owners to develop their sites, it is still hard to realize
that Edina will have little undeveloped pockets of land.
Commissioner McClelland added if a proposal meets our requirements
and the request is reasonable, the only thing the commission can do
is try to ensure that the development is sensitive to the
neighborhood, meets all requirements regarding the environment,
drainage, traffic, safety, etc. Concluding Commissioner McClelland
said as a long time Edina resident she agrees, it is hard to see
Edina become completely developed.
Mr. Kurth, property owner, asked the commission to note that
he just wants them to listen to all their concerns. He added he
understands development will occur, and is relieved that the lots
have been reduced from 8 to 6, but would like to see a further
reduction in the amount of lots. He concluded that this proposal
will really impact the present neighbors.
Commissioner Runyan agreed that it is extremely hard when you
live in a neighborhood for many years and enjoy open natural space
and that space becomes developed. He added the commission as a
body tries it's best to ensure that development does not negatively
impact existing residents.
Commissioner Byron moved to recommend preliminary plat
approval of a revised 6 lot plat subject to staff conditions and
the additional conditions that Lots 1, 2 , 3 , 4 & 6 have a conservation
easement of not less than 50 feet on all segments of the
development that adjoin water, and that Lot 5 have the additional
condition that the rear building pad line be no farther back from
the property line then 100 feet.
Commissioner McClelland asked that an amendment be made to
Commissioner Byron's motion, that water drainage be addressed and
be made as a formal part of the motion to ensure that the City
Engineer studies and ensures that drainage for this site be
adequately addressed.
Commissioner Hale questioned if the motion could be amended to
include that Lots 2,3,4, have the same conservation easement as
previously recommended for Lot 5 in Commissioner Byron's motion.
Commissioner Byron said in his opinion he does not see the need to
have the conservation easements for 2,3,4 be the same as for Lot 5.
foot and on bikes.
* The six lot revised proposal still depicts too many houses for
the site, could the number of houses be reduced. It is also
the hope of the neighbors that development and design of the
proposed homes are constructed in character with the
neighborhood.
Mr. Runyan, in response to concerns raised regarding sewage
and storm water, informed residents that this issue will be
carefully reviewed by the engineering staff to ensure if the
property is developed present residents would be assured that their
properties would not be negatively impacted by water problems.
Chairman Johnson told residents that their concern regarding
safety, signage, and vehicular speeds can be addressed at a City
Traffic Safety meeting. Traffic Safety meets monthly and the staff
liaison is Fran Hoffman, City Engineer.
Commissioner Byron agreed with residents that the footbridge
is widely used by residents of Edina. He added, in his opinion,
that passage way must remain safe for our children. He concluded
their safety should be a priority.
Mr. Larsen told commission members that regarding the
footbridge, and the safety of the City's children, all will be done
to ensure that the pathway remains as a safe access to the
footbridge. He added there is always concern by the city staff
regarding pedestrian safety, and reiterated that every safety
measure will be implemented to ensure the safety of Edina's
residents.
A lengthy discussion ensued regarding the correct figure to
determine the conservation easement and on the best way to ensure
that the pond is adequately protected. Commissioner Hale
suggested that the conservation easement be determined from the
building line. In reality the rear building pad line could be no
more than 70 feet from the front building pad line, and that the
conservation easement along waters edge be at a minimum of 50 feet.
Commissioner Hale moved to recommend preliminary plat approval
of the revised 6 lot plat, subject to staff conditions and the
additional conditions that 1) the rear building pad line be no more
than 70 feet from the front building pad line, and 2) there will be
a minimum conservation easement of 50 feet placed around the pond.
There was not a second to Commissioner Hale's motion. His motion
died for lack of second.
Commissioner Runyan suggested that the conservation easement
of 50 feet along the waters edge may be adequate. Mr. Hale said,
in his opinion there will be a problem with Lot 5. Commissioner
Runyan agreed and added a new motion may have to address Lot 5
individually.
Mr. Katter began his presentation informing commission members
he believes what is proposed will enhance the neighborhood. He
agreed with staff that the revision to six lots will create a
"better" neighborhood. He added it is of the utmost importance to
buffer the proposed new homes from the freeway with plantings and
a fence.
Commissioner Hale suggested that the setbacks from the waters
edge to the building front be at a minimum of 100 feet. This would
ensure adequate shoreline conservation.
Commissioner Runyan said careful house placement will have to
be incorporated so the shoreline is not ravished, and agreed a
conservation easement should be placed along the shorelines.
Mr. Larsen added he believes the revision to six lots affords
each lot more flexibility, and depth, and should ensure shoreline
protection.
A brief discussion ensued between commission members regarding
the proposed road. They agreed with the suggestion by staff that
if subdivision approval is granted the right-of-way must be
released and legally recorded by MNDOT allowing it to remain, or
they must relocate the right-of-way onto their own property.
Residents who spoke in opposition to the proposal are noted,
E. Eisenbrey, 6228 Brookview Drive, Mr. and Mrs. Hornbacher, 4509
Nancy Lane, J. Thill, 6336 Miller Lane, Mr. and Mrs. Flemming, 6324
Brookview Avenue, J. Dietrich, 6329 Miller Lane, K. Kruth, 4443
Garrison Lane. Their comments are recorded as follows:
* The proposal will have a negative impact on the wildlife. The
natural wildlife habitat would be lost forever, if
sensitivity to the environment is not implemented.
* Access to the existing footbridge should not be obstructed,
many children use the bridge to go to Cornelia Park and the
municipal pool.
* Traffic will increase for the neighborhood and specific
streets will be used more then others. Safety is a grave
concern, especially since the footpath to the bridge is so
heavily used by residents of Edina. Safety for our children
must be ensured.
* At present, vehicles travel down St. Johns and other adjoining
street at high speeds, is there a way to reduce speed on these
speeds to ensure the safety of pedestrians.
* The city should study the sewage and drainage issues before
approval is granted.
* Traffic signal signs should be erected, warning unfamiliar
vehicles that this is an area where children are present on
DRAFT MINUTES, P.C. MEETING, SEPTEMBER 4, 1991.
IN ATTENDANCE: G. Johnson, R. Hale, N. Faust, D. Runyan, V.
Shaw, D. Byron, H. McClelland
S-91-6
Preliminary Plat Approval. Wooddale Lakes
Addition. Ratter Family Partnership. East of
Millers Lane and north of Crosstown Highway
Mr. Larsen presented his staff report noting this site is very
difficult to develop. In addition to the constraints of the pond,
the south side of the property is only around 50 feet from the
highway and is at the same grade. Mr. Larsen said he believes it
is important to establish an area adjacent to the highway,
sufficiently wide to allow berming, dense plantings, and possibly
a fence to mitigate the impact of freeway noise. Continuing, Mr.
Larsen added he believes it is also important to protect the
natural condition of the shoreline of the pond. Mr. Larsen
explained that during review of the proposed 8 lot subdivision
staff felt the 8 lot subdivision was too intense and suggested the
proponent combine lots 1 and 2 and re -orient the new lot to the cul
de sac. Staff also recommended the elimination of Lot 8. Staff
recommends approval of a revised six lot plat with the following
conditions:
1. DNR review, including any DNR permits.
2. Watershed District grading permit.
3. Developers Agreement
4. Final Plat Approval
5. Subdivision Dedication
6. Release of right-of-way by MNDOT or relocation of right-
of-way to proponents property.
Mr. Larsen informed commission members the proponent has
submitted a revised 6 lot plat as recommended.
The proponent, Fred Katter was present. Interested neighbors
were present.
Commissioner Johnson voiced his opinion that he believes the
proposed road should be located on the property.
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SUBDIVISION
NUMBER S-91-6
LOCATION East of Millers LAne and north of Crosstown
Highway
REQUEST Preliminary Plat Approval for an 8 Lot
Subdivision
EDINA PLANNING DEPARTMENT
REQUEST FOR PURCHASE
TO: Mayor Richards and Council Members
FROM: Bob Kojetin, Director Edina Park and Recreation Department
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE September 19, 1991
AGENDA ITEM VI .A
ITEM DESCRIPTION: Golf Course Maintenance Building
Company Amount of Quote or Bid
1.
2.
Lester Building, Systems
C.O. Field Company
1. $74,826.00
2. $99,555.00
3. 3.
4.
5.
RECOMMENDED QUOTE OR BID:
Lester Building, Systems $74,826.00
4.
5.
GENERAL INFORMATION:
i
Replacement of original pole barn at golf course maintenance area.
(maintenance building is within Golf Course $86,200 Capital Budget.
The Recommended bid is
Department
within budget not withi bud• -t = Wallin, Fin.• ce Director
Kenneth Rosia d, City Mana • - r
REQUEST FOR PURCHASE
TO: Mayor Richards and Council Members
FROM:Bob Kojetin, Director Park and Recreation Dept.
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE September 20. 1991
AGENDA ITEM VI . B
ITEM DESCRIPTION: Arneson Acres Park Maintenance Building
Company Amount of Quote or Bid
1. C.O. Field Company
2.
3.
4.
5.
RECOMMENDED QUOTE OR BID:
C.O. Field Company
GENERAL INFORMATION:
1.
2.
3.
4.
5.
$69,131.00
Arneson Acres Park Maintenance and Green House Building replacement is
within the ‘$80,000 Capital Budget.
Three contractors picked -up specifications and plans. Only one
contractor bid on the project.
(Lester Building Systems took out the bid information, however they
felt they could not handle more work at this time. The 3rd contractor
did not bid)
The Recommended bid is
Depa
ent
within budget not withi bu• et J• Ilin, Fi ce Director
Kenneth Roslan • City Manager
REQUEST FOR PURCHASE
TO: MAYOR RICHARDS AND CITY COUNCIL
FROM: RALPH CAMPBELL, DIRECTOR OF COMHUNICATIONS
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE: 10 SEP 91
AGENDA ITEM VI • C
ITEM DESCRIPTION: Agency Services - About Town Magazine
Company Amount of Quote or Bid
1.
2.
3.
1.
2.
3.
4.
4.
5.
5.
LONSBURY-MILLS INC.
RECOMMENDED QUOTE OR BID:
LONSBURY-MILLS INC.
$10,445.00
GENERAL INFORMATION:
Fee for services to produce Autumn 1991 city magazine as described in
April 1991 memorandum.
(over)
The Recommended bid is
ADMINISTRATION
X
within budget not wit
enneth Rosland, City Manager
nce Director
IV. "
LONSBLIRY -MILLS, LI ID.
REMIT TO:
Lonsbury-Mills, Ltd.
Account Receivable Dept.
7157 Shady Oak Rd.
Eden Prairie, MN 55344
City of Edina
Attn: Ralph Campbell
4801 West 50th Street
Edina, MN 55424
PROJECT:
Invoice Number 531
Invoice Date 09/04/91
Payment Due 09/19/91
Project No. 2596
Autumn 1991 Issue Edina City Magazine - About Town
30 pages, 2/Color, 25,500 copies
SERVICES:
Project Planning and Service
Copy Preparation & Editing
Layout and Design
Keylining
Type & Alterations
Production
(Stats, Proofing, Coordination)
Paper, Printing Analysis &
Estimating
$ 2975.00
950.00
2610.00
815.00
1895.00
925.00
275.00
TOTAL AMOUNT DUE $10,445.00
Thank you!
A 1 1/2% Late Fee Will Be Charged On All Balances Over
30 Days Past Due.
Marketing • Communications • Advertising
7157 Shady Oak Road, Eden Prairie, Minnesota 55344 • (612) 942-8456 Fax: (612) 942-8470
1.
2.
3.
4.
5.
REQUEST FOR PURCHASE
TO: Mayor & City Council
FROM: Francis Hoffman, Director of Public Works
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE 23 September, 1991
AGENDA ITEM VI . D .
ITEM DESCRIPTION: Mid -Size
Company
Industrial Floor
Herc-U-Lift, Inc.
*Tennant Co. (Two Bids - Did Not Meet
Specifications)
RECOMMENDED QUOTE OR BID:
Industrial Floor
Sweeper for Buildings and Ramps
Amount of Quote or Bid
1 $ 20,708.50
2 $ 21,693.00
3 $ 20,539.43*
4. $ 22,064.76*
5.
$ 20,708.50
GENERAL INFORMATION:
This piece of equipment replaces Unit 25-439, a 1976 sweeper.
This piece of equipment is used for sweeping buildings, parking
ramps and pathways. The purchase is funded thru the equipment
replacement fund. This bid is a re -bid of equipment in which
specifications had to be met or exceeded without deviation.
The Tennant bid had exceptions taken to the specifications.
The Recommended bid is
Public Works - Streets
Dep. ment
CJ
within budget not within budget ohn Wallin, Finance Director
t4
Kenneth Rosland City Manager
REQUEST FOR PURCHASE
TO:
FROM:
VIA: Kenneth Rostand City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE
Mayor & City Council
Francis Hoffman, City Engineer
23 September, 1991
AGENDA ITEM V I . E.
ITEM DESCRIPTION: Concrete Sidewalk - Wooddale Avenue
Company Amount of Quote or Bid
1. See Tabulation @ Other Side
2.
2.
3. 3.
4.
5.
4.
5.
RECOMMENDED QUOTE OR BID:
Advanced Concrete, Inc. $ 93,692.00
GENERAL INFORMATION:
This bid is for the construction of the sidewalk on the east
side of Wooddale Avenue from W. 56th Street to Minnehaha Creek.
This project would be funded by State Aid funds.
The Recommended bid is
Public Works - Engineering
Department
f�
within budget not within budget
Kenneth Rostand City Manager
. Finance Director
September 19, 1991
11:00 A.M.
BID TABULATION
CITY OF EDINA. MINNESOTA
CONTRACT 91-17
Improvement No. S-51
BIDDER TOTAL
Advanced Concrete Inc.
DNCON, Inc.
Gunderson Bros. Cement Contr. Co. Inc.
Ford Construction Co., Inc.
Adcon, Inc.
Talberg Lawn & Landscape, Inc.
$ 93,692.00
$ 99,755.00
$ 99,902.50
$ 103,720.00
$ 103,930.00
$ 109,414.00
Engineer's Estimate $ 107,910.00
REQUEST FOR PURCHASE
TO:
FROM:
VIA: Kenneth Rosiand City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
Mayor & City Council
Francis Hoffman, City Engineer
DATE 23 September, 1991
AGENDA ITEM vi - F
ITEM DESCRIPTION: Curb & Gutter and Surfacing - B-91, B-92 & BA-294
Company Amount of Quote or Bid
1.
2.
3.
4.
5.
See Attached Tabulation
1.
2.
3.
4.
5.
RECOMMENDED QUOTE OR BID:
Hardrives, Inc. $ 19,234.00 or
Depending on decision on BA-294 $106,584.00
GENERAL INFORMATION:
This is the bid for curb and gutter projects on W. 54th St. (B-91),
Birchcrest Dr. (B-92) and the West Shore/Wooddale/Andover area
(BA-294). These projects will be assessed. The award will depend
upon Council action on the BA-294 project earlier during the
meeting.
gnature
The Recommended bid is
within budget not wit
Public Works - Engineering
ailin. Finance Director
etineth Roslandity Manager
September 12, 1991
11:00 A.M.
BID TABULATION
CITY OF EDINA. MINNESOTA
CONTRACT 91-16
Improvement Nos. B-91 & B-92
B-91 - W. 54th St. (S. Side from Zenith Ave. to Abbott P1.
B-92 - Birchcrest Dr. from W. 60th St. to Porter Ln.
BIDDER TOTAL
Hardrives, Inc.
Northwest Asphalt, Inc.
Advanced Concrete
GMH Asphalt Corporation
Adcon, Inc.
Alber Construction, Inc.
$ 19,234.00
$ 22,028.55
$ 22,224.25
$ 23,872.00
$ 24,693.00
$ 33,384.60
Engineer's Estimate $ 21,170.50
September 12, 1991
11:00 A.M.
BID TABULATION
CITY OF EDINA, MINNESOTA
CONTRACT 91-16
IMPROVEMENT NOS. B-91, B-92 & BA-294
B-91 - W. 54th St. (S. Side) from Zenith Ave. to Abbott P1.
B-92 - Birchcrest Dr. from W. 60th St. to Porter Ln. &
BA-294 - Wooddale Ave. from W. 70th St. to Belvidere Ln.,
Andover Rd. from Wooddale to West Shore Dr. &
West Shore Dr. from W. 70th St. to Dunham Dr.
BIDDER TOTAL
Hardrives, Inc.
Northwest Asphalt, Inc.
Adcon, Inc.
GMH Asphalt Corporation
Advanced Concrete
Alber Construction, Inc.
$ 106,584.00
$ 114,808.80
$ 124,425.00
$ 127,829.50
$ 135,352.00
$ 145,182.35
Engineer's Estimate $ 125,185.50
VII. (A)
MEMBERS PRESENT:
MINUTES
TRAFFIC SAFETY COMMITTEE
SEPTEMBER 16. 1991
9:00 A.M.
Fran Hoffman, Chairman
Alison Fuhr
Gordon Hughes
Craig Swanson
MEMBERS ABSENT: Robert Sherman
OTHERS PRESENT:
Ms. Lisa S. Finsness, 4536 Tower St.
Ms. Marie Nelson, 6200 Xerxes Ave S.
Mr. Peter Hedberg, 5131 Motor St.
Mr. Chris Mower, 4911 Bruce Ave.
Mr. Dan Jurgens, 4906 Bruce Ave.
Ms. Mary Schiedinger, 5611 Concord Ave.
Ms. Ruth A. Bennett, 5612 Concord Ave.
Ms. Elisa Schunn, 4636 Tower St.
SECTION A
Requests on which the Committee recommends approval as requested or modified,
and the Council's authorization of recommended action.
(1) Request to upgrade the intersection of Bruce Avenue and Country Club
Road to a 4-way "STOP."
Continued from August, 1990 Traffic Safety Committee Meeting.
ACTION TAKEN:
Mr. Swanson reported that additional radar surveys had been
conducted in the area, as requested by the City Council, including
a Saturday survey. The results confirmed those of earlier
surveys, showing that 85 percent of the traffic moved at less than
30 MPH, just slightly lower than the 85% percentile recorded in
June. For the purpose of comparison, a survey was conducted on
Arden Avenue, where speeds averaged 31 to 33 miles per hour, which
is 1-2 miles higher than on Bruce Avenue. The Engineering
Department also did a 24-hour traffic count: 985 (Arden Avenue),
821 (Bruce Avenue) and 4,260 (Wooddale Avenue). Accident reports
for the area were negligible.
TRAFFIC SAFETY COMMITTEE MINUTES
September 16, 1991
Page 2
Mr. Hughes made the motion to reaffirm the prior action of the
committee (to deny the request for a 4-way "STOP" sign). Mr.
Swanson seconded the motion. Motion carried 3-1.
Discussion followed regarding the issue of the 30 MPH speed limit
on Bruce Avenue. Mr. Chris Mower and Mr. Dan Jurgens, both
residents from the neighborhood, raised concerns about the speed
issue and questioned whether the limit could be lowered to 25 MPH,
or if 25 MPH advisory signs could be posted. Mr. Hoffman advised
that state law provides for a 30 MPH limit.
Mr. Hoffman raised the possibility of moving the stop signs to the
opposite corners from where they now stand. Mr. Swanson brought
up the problems inherent in educating drivers to new signage.
Mrs. Fuhr questioned how changing the signage would affect the
school bus stop on the SW corner.
Mr. Swanson made a three-part motion as follows: (1) Recommend
installation of "NO PARKING" signs north and south on Bruce Avenue
for the space of two car lengths: (2) Address the location and
size of the "STOP" sign for eastbound Country Club Road and Bruce
Avenue: (3) Install on north and southbound Bruce Avenue,
between West 50th Street and Sunnyside Road, signage depicting the
international pedestrian symbol with a 25 MPH advisory below it.
Mrs. Fuhr seconded the motion. Motion carried 4-0.
(2) Request to upgrade the intersection of Concord Avenue and South
View Lane to a three-way "STOP."
Petition received from 86 concerned residents.
ACTION TAKEN:
Ms. Finsness, representing her neighborhood, made the
presentation. She stated that there are currently 40-45
elementary school students who walk to and from school in the
area, and made the following points in regards to their safety:
(1) Walkers do not have a safe way home: (2) There is no crossing
guard (quoting the Concord School principal as saying, "They would
be crossing into unsafe territory"): (3) No "SLOW" signs posted;
(4) It's also a confusing intersection for motorists, with a two-
way stop at a three-way intersection: (5) Children and cars
cannot be seen around hedge at 5611 Concord Avenue. Ms. Finsness
made three requests: (1) Upgrade the intersection of Concord
Avenue and South View Lane to a three-way "STOP": (2) Post proper
"SCHOOL" signs along Concord Avenue: (3) Have hedge at 5611
Concord Avenue meet the City's clear view ordinance at all times.
TRAFFIC SAFETY COMMITTEE MINUTES
September 16, 1991
Page 3
Regarding the comment about "unsafe territory" attributed to the
Concord principal, Mr. Hoffman said he had never before received a
call saying the intersection was unsafe, and that if the principal
had concerns, he had not passed them on to the City. Concerning
the hedge at 5611 Concord Avenue, Mr. Hoffman said that Lt.
Bernhjelm from the Police Department had checked it and found it
had been cut and was close to meeting clear view. Ms. Mary
Schiedinger, owner of the hedge, stated that the hedge was
approximately four inches too high and would be trimmed to
compliance.
Several other area residents were in attendance and discussion
followed regarding their various safety concerns. Mr. Hoffman
then summarized their concerns into two issues: the stop sign (a
City issue) and the school signing and safe walking routes at
Concord (which are school issues and should be sent to the school
district for evaluation compared to other schools).
Mr. Swanson said that the hedge had been examined on September 14,
1991, and that it met setback requirements, but the Police
Department wasn't able to officially measure its height. While
the hedge was legal in terms of its location to the street, its
height may be in question. Mr. Hoffman said that the Police
Department would see that the ordinance is met in regards to the
hedge. As for taking the hedge out, Mr. Hoffman questioned
whether the issue then becomes one of sidewalks, and whether or
not there should be a walkway there. Mr. Swanson added that there
were no reportable accidents at the intersection within the past
three years.
In regards to the "STOP" sign, Mr. Hughes asked about the warrants
that might apply in a case such as this. Mr. Hoffman said the
following is the criteria needed by the committee to justify a
multi -way "STOP" sign: (1) placing a multi -way where a traffic
signal installation is necessary or imminent: (2) could a certain
amount of accidents that occur be corrected by a multi -way?: (3)
is there enough vehicle and pedestrian volume to create a three-
way situation?: (4) or are there unusual circumstances?
Mrs. Fuhr made a five -part motion (later amended) as follows: (1)
Bring the hedge at 5611 Concord Avenue into clear view ordinance
requirements: (2) Install "STOP" sign at the southeast corner of
Concord Avenue and South View Lane: (3) Install appropriate
signage on Concord indicating pedestrian/children activity: (4)
Move a current crosswalk north from its present location to cross
Concord Avenue at Tower Street: (5) Refer the issue of safe
walking routes to the school district. Mr. Hoffman seconded the
motion as amended. Motion carried 4-0.
TRAFFIC SAFETY COMMITTEE MINUTES
September 16, 1991
Page 4
(3)
Request to upgrade the intersection of Brookside Avenue and West 44th
Street to a two-way "STOP."
Petition received from 64 local residents (video tape submitted).
ACTION TAKEN:
Mr. Hoffman reported the petition had been received and the video
tape viewed by the committee members. He summarized the request
as revolving around the belief that people turning east on West
44th Street from northbound Brookside Avenue are traveling too
fast and creating problems. Mr. Hoffman asked whether this might
be a result of traffic being routed onto West 44th Street during
work on the Brookside Avenue bridge over Minnehaha Creek in St.
Louis Park. Mr. Peter Hedberg, who resides on Motor Street,
suggested that cars travel quickly around the corner from all
three directions, and noted two other areas of concern: (1)
pedestrians (including senior citizens living in the condominium
complex at Brookside Court) must cross a busy intersection to get
to the bus stop at the southeast corner of W. 44th Street and
Brookside Avenue: (2) pedestrians must cross Brookside Avenue to
get to nearby Todd Park. Mr. Hedberg noted that a "STOP" sign is
currently located on northbound Brookside Avenue at Brookside
Terrace, and suggested that W. 44th Street would be a more
suitable location for a stop. Mr. Hoffman asked if the purpose of
the new signage would be to create a break in traffic, or what the
petitioners were really requesting was a multi -way, rather than a
two-way stop.
Mr. Hedberg pointed out that, when turning the corner from
Brookside Avenue onto W. 44th Street, a driver's view can
sometimes be obstructed by the railroad trestle and overgrown
weeds in the area. Mr. Hoffman stated that the area would be
cleaned out to meet clear view ordinance requirements, and create
a small walking path to the bus stop.
Mr. Hoffman said it had been the City's perception that Brookside
Avenue was a detached frontage road for Highway 100, although it
was quite a ways from Highway 100. Motorists are using it to get
to St. Louis Park and Excelsior Blvd. He questioned whether there
should be any concern about making a three-way at the
intersection, prompting the traffic to turn east on W. 44th Street
where now it continues north.
Mrs. Fuhr moved that the intersection of Brookside Avenue and W.
44th Street be upgraded to a three-way "STOP." There was no
second. Mr. Hoffman explained that his reason for not seconding
the motion was that he did not have enough data warranting the
action yet. He recommended continuing the motion until
TRAFFIC SAFETY COMMITTEE MINUTES
September 16, 1991
Page 5
construction on the Brookside Bridge is completed, in order to see what
kind of impact the construction has had on traffic in the area. Mr.
Hoffman stated the construction is slated to be completed sometime this
fall.
Mr. Hughes moved that the item be continued until the November
meeting of the Traffic Safety Committee, at which time the
Engineering Department will return a traffic volume analysis.
Mrs. Fuhr seconded the motion. Motion carried 3-0.
(NOTE: Mr. Swanson was called out of meeting to previous
commitment, thus the reduction of total Committee vote.)
SECTION B
Requests on which the Committee recommends denial of request.
None.
SECTION C
Requests which are deferred to a later date or referred to others.
(1) Request to review parking restrictions on Heritage Drive, west of Xerxes
Avenue South.
Request received from Ms. Marie Nelson, Administrator, Edina Care
Center, 6200 Xerxes Avenue South.
Ms. Nelson made a presentation explaining what effect parking
restrictions on Xerxes Avenue South are having on employees of and
visitors to the Edina Care Center. Currently, parking is
prohibited on the north side of Xerxes Avenue South, and
restricted between 7:00 A.M. and 9:00 A.M. on the south side. Ms.
Nelson stated that approximately 70 employees are working at the
Edina Care Center during peak hours, while their parking lot has
spaces for only 38 cars. Short of building a parking ramp on
their property, Ms. Nelson says there is nowhere to expand for
more parking.
Mr. Hoffman stated there were three reasons for the current
signage: (1) the high volume of development in the area; (2) the
high level of senior citizens coupled with public safety concerns
about ambulances and fire trucks; (3) bus routes. He
characterized this section of Xerxes Avenue South as a high -use
side street with a lot of calls to the area by public safety
personnel. Mr. Hoffman further stated that the City does not
generally permit on -street parking in commercial areas.
TRAFFIC SAFETY COMMITTEE MINUTES
September 16, 1991
Page 6
Mr. Hoffman asked what affect the current parking situation has on
the 161 residents of the center and their visitors. Ms. Nelson
replied that the center receives between ten -to -fifteen visitors
daily, and a great number of complaints regarding the lack of
available parking. Mr. Hoffman questioned what effect the Xerxes
Avenue South parking restrictions have on the other facilities to
the west of the Edina Care Center. Ms. Nelson stated that those
other facilities have a lot of on -site parking and are not
affected.
Mr. Hughes said that when a similar proposal was considered four
or five years ago, residents to the south had strong opinions on
the issue. He questioned whether a change in signage should be
made without those residents having a chance to comment.
Mr. Hoffman moved that this item be postponed until the October
meeting, while the Public Safety Department reviews the issue and
contacts the Association on the south side of Xerxes Avenue. Mrs.
Fuhr seconded the motion. The motion carried 3-0.
(2) Request to end West 54th Street at Zenith Avenue and install 4-way
"STOP" signs at West 54th Street and Abbott Place.
Continued from August meeting.
Mr. Hoffman reported that an agreement had been reached after six
months of negotiations between the City of Minneapolis and the
City of Edina. The City Traffic Engineer in Minneapolis will
recommend the following signage to his city council: install
"STOP" sign stopping traffic on southbound Ewing Avenue at West
54th Street; the current "STOP" signs at West 54th Street and Drew
Avenue be changed to east/west; install a "STOP" sign stopping
traffic on southbound Chowen Avenue at West 54th Street; the
current "STOP" signs at West 54th Street and Beard Avenue be
changed to north/south; install north/south "STOP" signs at West
54th Street and Abbott Avenue [see attached sketch].
Mrs. Fuhr made a motion to pass a resolution to the Minneapolis
City Council recommending the above -listed changes in signage.
Mr. Hughes seconded the motion, but asked for further discussion
before a vote.
Mr. Hughes brought up his concern that residents who had
petitioned for a relatively minor, but needed, improvement at an
intersection will end up with a wholesale revision of signage
which they may or may not desire. Mr. Hughes suggested the
possibility of sending out a public notice on the issue, removing
the item from Monday's Council agenda, and holding it until
October 7th City Council meeting.
TRAFFIC SAFETY COMMITTEE MINUTES
September 16, 1991
Page 7
(3)
Mr. Hughes amended the original motion to read as follows: refer
the following signage changes to the Minneapolis City Council with
Traffic Safety Committee endorsement: install "STOP" sign stopping
traffic on southbound Ewing Avenue at West 54th Street; the
current "STOP" signs at West 54th Street and Drew Avenue be
changed to east/west: install a "STOP" sign stopping traffic on
southbound Chowen Avenue at West 54th Street: the current "STOP"
signs at West 54th Street and Beard Avenue be changed to
north/south; install north/south "STOP" signs at West 54th Street
and Abbott Avenue. Upon receiving approval from the Minneapolis
City Council, notify the neighbors as to when the issue will be
heard before the Edina City Council. Mrs. Fuhr seconded the
motion as amended. Motion carried 3-0.
Discuss traffic safety concerns at France Avenue and the Crosstown
Highway.
Requested by Fran Hoffman, City Engineer.
Mr. Hoffman reported that he had sent a letter to Mr. Dennis
Hanson, Chief of the Hennepin County Transportation Planning
Section, concerning safety issues at France Avenue and the
Crosstown Highway. Included in that letter to Mr. Hanson was a
letter Mr. Hoffman had received from Mr. Edwin J. Robinson, Jr. of
Edina detailing his areas of concern Mr. Hoffman said he had
sent the county accidents statistics about nine months ago that
showed 84 accidents over a period of ten years in the area of
France Avenue and the Crosstown. He stated his reason for raising
the issue at this time was to pass a council resolution to send to
the Hennepin County Board, requesting they move this issue up on
their agenda. Mrs. Fuhr noted that the northbound signage on
France Avenue before West 66th Street to go west to go to Valley
View Road had been removed when the county widened the road, and
thought some of the traffic could be siphoned off if there were
some advisory signs below West 65th Street saying that Highway 100
motorists could take Valley View Road.
Mr. Hughes made a motion requesting the City Council to pass a
resolution to the Hennepin County Board requesting an in-depth
review of the Crosstown Highway and France Avenue interchange.
Mr. Hoffman seconded the motion. Motion carried 3-0.
EDINA TRAFFIC SAFETY COMMITTEE
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REPORT/RECOMMENDATION
To: Mayor and Council
From: Ken. Rosland, Manager
Date:
September 19, 1991
Subject: Appointment to Human
Relations Commission
Agenda Item # VII . B
Consent
Information Only
Mgr . Recommends
Action x
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Appointment of School Board's nominee - Geoffrey McCray - to the Human
Relations Commission to complete the unexpired term of Noah Hurley to
February 1, 1994.
Info/Background:
At its meeting of August 19, 1991, the Edina School Board approved the
nomination of Geoffrey McCray to the Edina Human Relations Commission to
replace Noah Hurley who was a School Board representative. The ordinance
provides that the appointment be made by the Mayor with the consent of
the majority of the Council Members.
FOR ACTION
INDEPENDENT SCHOOL DISTRICT 273
Regular Meeting, August 19, 1991
Volume 63, Report 56
SUBJECT: APPOINTMENT TO EDINA HUMAN RELATIONS COMMISSION
Be it Resolved, That
The Board of Education
Appoint Geoffrey McCray to the Edina Human
Relations Commission effective immediately for the
remainder of a three-year term to expire January
31, 1994.
BACKGROUND INFORMATION
Mr. McCray has agreed to serve on the Commission as one of
six appointees made by the School Board. He will complete
the unexpired term of Noah Hurley who is unable to continue
his appointment due to job demands.
Mr. McCray has been a resident director of the ABC House at
6304 France Avenue South and has been very instrumental in
motivating the students in the program. He and his wife
have a son in Grade 4 at Countryside Elementary.
Current Commissioners Term expires
Phyllis Kohler
Nancy Atchison
David Hallett
Sharon Ming
Betsy Fiaten
1/31/92
1/31/92
1/31/93
1/31/93
1/31/94
Edina School District Policy #8140
REPORT/REL OMMENDATION
To: Ken Rosland
From: Dave Velde
Date: September 23, 1991
Subject: 1992-95 Community
Health Services Plan
Agenda Item ; vII. C.
Consent
Information Only j
Mgr . Recommends i To HRA
i X I To Council
Action !' Motion
X Resolution
Ordinance
Discussion
Recommendation: On September 19 , 1991 the Edina Community
Health Services Advisory Committee recommended approval of the
1992-95 Edina Community Health Services Plan.
INFO/BACKGROUND:
In November 1990, the cities of Edina, Bloomington, Richfield,
Minneapolis, and Hennepin County began a county -wide Community
Health assessment in preparation for the 1992-95 Community Health
Plans of the five Community Health Boards. To accomplish the
community health assessment, seven committees were assembled to
identify the priority health problems facing our communities.
These committees were comprised of representatives from the
private, public, and nonprofit sectors of the community.
The seven program areas these committees addressed were:
Disease Prevention and Control; Emergency Medical Services; Family
Health; Health Promotion; Home Health; and Health Systems Access.
The findings and recommendations of these committees are contained
in the "Hennepin County Community Needs Assessment.
Representatives from the Edina Community Health Services Advisory
Committee and Fairview Southdale Hospital served on these
committees.
In addition, the Bloomington Division of Public Health
developed a report titled "Community Demographic and Health Status
Data for Bloomington, Edina, and Richfield" which identified the
socio-economic trends and developing health needs which are unique
to our three communities. This report along with the findings of
the county wide assessment were used to prepare the Edina Community
Health Service Plan.
Each of the priority health problems identified in the
"Hennepin County Community Need Assessment" have been addressed in
the Edina Community Health Plan. Preliminary Plans from each of
the five Community Health Boards were submitted to Hennepin County
is July 1991. These plans were available to the public and on July
30, 1991 and August 6, 1991 public hearing were held for input from
the community.
The City of Edina will receive $113,620 in subsidy from the
Minnesota Department of Health for each year, 1992 and 1993. The
subsidy for 1994 and 1995 will be determined at a later date.
CITY OF
IMIEDINA
4801 WEST 50TH STREET, EDINA, MINNESOTA 55424
612-927-8861
RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNITY
HEALTH SERVICES IN THE CITY OF EDINA AND THE SUBMISSION OF AN
APPLICATION FOR THE COMMUNITY HEALTH SERVICES ACT SUBSIDY
WHEREAS, the City Council of the City of Edina is the official governing body of
the City of Edina and functions as the official Board of Health in the City of
Edina; and
WHEREAS, the City Council is committed to promote, support and maintain the
health of the entire community at the highest level; and
WHEREAS, the Community Health Services Act provides for subsidies in support of
public health services on the local level throughout the State of Minnesota; and
WHEREAS, a special needs study has been made and a special public meeting held
relative to the needs and priorities of the community for Community Health
Services; and
WHEREAS, the Community Health Services Advisory Committee of the City of Edina
has reviewed the plan for the provision of public health services in the City of
Edina and recommends its approval to the City Council; and
WHEREAS, the City Council has reviewed this self -same plan and finds it
consistent with the needs and priorities of the community as determined by the
Community Health Services Advisory Committee and as expressed by the citizens of
Edina;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the
Community Health Services Plan for the City of Edina is approved and
authorization is hereby given to submit an application for the Community Health
Services Act subsidy for the years 1992-95.
ADOPTED this 23rd day of September, 1991.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss
CITY OF EDINA )
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
Regular Meeting of September 23, 1991, and as recorded in the Minutes of said
Regular Meeting.
WITNESS my hand and seal of said City this 24th day of September, 1991.
Marcella M. Daehn
City Clerk
Agenda Item X.B
REGIONALTR4NSIT BC19RD
MICHAEL J. EHRLICHMANN
Chair
September 18, 1991
Ken Rosland, City Manager
City of Edina
4801 West 50th Street
Edina, MN 55424
Dear Mr. Rosland:
The Americans with Disabilities Act (ADA) brings new opportunities for people with
disabilities and new challenges to those of us responsible for delivering public transportation.
At the Regional Transit Board, we are working to make the regular route bus system more
accessible by adding lift -equipped buses to major routes. We have worked successfully with
the disability community and the Metropolitan Transit Commission to find out where people
live, want to go and how we can make it easier for them. Accessible public transit gives people
an additional travel option that is more flexible and costs Tess than paratransit service such as
Metro Mobility.
However, we have found that there is much more to providing accessible transportation than
simply putting these buses on the streets. Here in Minnesota, we face the additional problem
of dealing with winter's ice and snow. If people cannot get to the bus because there are no curb
cuts, sidewalks or snow removal, the lift provides no additional benefit. Under federal law, we
cannot use environmental factors as an excuse to not provide accessible bus service.
This is where we need your help. We are inviting you to a meeting of mayors and public works
directors in communities served by accessible bus routes. It's our goal to ensure that each
route is fully accessible. We recognize that it is our shared responsibility and want to give
you and your peers an opportunity to offer your concerns and share any ideas you may have for
implementing the regulations called for under ADA. It is imperative that each community
attempt to be represented by a policy -maker and its public works director.
The meeting will be held Friday, October 4 at 8:30 a.m. at the Mears Park Centre Chambers on
the first floor of Mears Park Centre in St. Paul. We will conclude the meeting by 10:30 a.m.
Please confirm your participation by October 2 with Marie or Carol at 292-8789.
We are looking forward to this opportunity to work together to make the Twin Cities more
accessible to people with disabilities. Please call me or Mike Kuehn, RTB community
relations coordinator, if you have any questions.
W. •• egard
Michael . Ehrlich
Chair
MJE:cm
Mears Park Centre • 230 5th Street • St. Paul, Minnesota 55101
Office 612/229-2701 • FAX: 612/229-2739
An Equal Opportunity Employer
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