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HomeMy WebLinkAbout1982-05-17_COUNCIL MEETING(Revised) (As to VI -H -1) AGENDA REGULAR MEETING EDINA CITY COUNCIL MAY 17, 1982 ROLLCALL MINUTES of May 3, 1982, approved as submitted or corrected by motion of , seconded by RECOGNITION OF PART PAID /VOLUNTEER FIREFIGHTERS I: PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk. Pre- sentation by City Manager and Engineer. Spectators heard. If Council wishes to proceed, action by Resolution Ordering Improvement. 4/5 favorable rollcall vote to pass. A. Marth Court Improvements (Continued from 5/3/82) 1. Permanent Street Surfacing with Concrete Curti & Gutter P -BA -254 2. Grading & Graveling Improvement N'. P -C -140 3. Sanitary Sewer Improvement No. P -SS -364 4. Watermain Improvement No. P -WM -349 II. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS. Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Reading requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should be waived. Lot Divisions, Flood Plain Permits, Plats, Appeals from Administrative or Board of Appeals and Adjustments Decisions require action by Resolution. 3/5 favorable rollcall vote to pass. A. Zoning Change 1. M. H. Haymaker - R -1 Residential District to PRD -3 Planned Residential District - Generally located in S W. Quadrant of Summit Ave. and Interlachen Blvd. - Z -82 -2 (4/28/82) 2. Jack Helms - R -2 Residential District to PRD -2 Planned Residential District - Generally located South of Vernon Ave. and East of Vernon Court - Z -82 -3 (4/28/82 B. Preliminary Plat 1. Corkins Addition - Generally located in the S.W. Quadrant of Schaefer Road and Interlachen Blvd. S -82 -1 (4/18/82) C. Program - Edinborough Mortgage Revenue Bonds . III. PUBLIC HEARING ON STREET VACATION Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote to pass. A. W. Fuller Street IV. SPECIAL CONCERNS OF RESIDENTS A. Interlachen Blvd. Sidewalk (Continued from 4 /5/82) (Continue to 6/7/82) V. AWARD OF BIDS AND QUOTES Tabulations and Recommendations by City Manager. Action of Council by Motion. A. Millpond Weed Cutting Edina City Council Agenda May 17. 1982 Page Two VI. RECONMNDATIONS AND REPORTS A. Traffic Safety Committee Minutes of 5/1/82 B. Fund Drive Proclamations C. France Avenue /494 Interchange Hearing - May 19 (York Library - 7:30 p.m.) D. Association of Metropolitan Municipalities Annual Meeting - E. Proposed Institutional Zone - Set Hearing Date - 6/21/82 F. Feasibility Report - Set Hearing Dates G. Special Concerns of Mayor and Council H., Post Agenda and Manager's Miscellaneous Items 1. Lot 10, Block 7, Braemar Hills 9th - Amended Lot Division VII. COMMUNICATIONS A. Petitions 1. Curb and Gutter - Mackey Ave. between W. 44th St. and W. 431� St. VIII. RESOLUTIONS A. Fairview Southdale Hospital Bonds IX. FINANCE A. Claims Paid. Motion of seconded by , for payment of the following Claims as per Pre -List: General Fund, $222,270.15; Park Fund, $32,781.97; Art Center, $2,531.60; Swimming Pool, $1,278.98; Golf Course, $33,555.46; Arena, $9,201.70; Gun Range, $185.36; Water Fund, $8,856.79; Sewer Fund, $151,189.49; Liquor Fund, $50,860.23; Construction, $88,764.28; IBR Fund, $27,758.23; IBR #2, $228.22; Total, $629,462.46 r3 L 0c1� n v 0OC3 FjF� 1 Ea NUMBER Z- 82 -2 M. H. I -laymaker ti �it a, 3 LJ CIT , HALL 6, pn. IIE a Act DEPT.! L O C A T 10 N Generally located in the Southwest Quadrant of Summit Avenue and 1 nterlachen Boulevard REQUEST R -i Single Family Residence District to PRD -3 Planned Residential District EDIi\j'A PLAIKJ' G ING DEPARTMENT h Z "7�tM COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT MARCH 31, 1982 Z -82 -2 M.H. Haymaker. R -1 to PRD -3 Planned Residential District. Generally located in the Southwest Quadrant of Summit Avenue and Interlachen Boulevard. REFER TO: Attached Preliminary Plans The subject property measures approximately one half acre in area and is zoned R -1 Single Family Dwelling District. This property is presently developed with one single family dwelling. The subject property abuts single family dwellings to the south and west. Acress the street to the east is a service station which is presently being remodeled into an oil change and lubrication service. Across the street to the north is a 17 unit apartment building. Th proponent is requesting a rezoning to PRD -3 to facilitate the construction of a five unit townhouse project. The existing single family dwelling would be removed. Each unit would include two tuck under garage stalls. Three visitor stalls would also be provided on the site. All access would come from Summit Avenue which is presently one way southbound. The proposed project would require several variances from the Zoning Ordinance. The PRD section requires 35 foot setbacks for buildings from all property lines. Thirty foot setbacks from Summit and Interlachen and 25 foot and 15 foot set- backs from the south and west property lines respectively are proposed. In addition, a variance from the 10 foot parking and drive aisle setback requirement along the south property line would be required. Recommendation The Comprehensive Plan designates this site, the lots immediately to the south, and the service station to the east for mixed uses. The Plan envisioned the vacation of. Summit Avenue and the redevelopment of the above referenced parcels with an office /multiple residential or commercial /multiple residential use. The recent approvals for converting the service station to an oil change estab- lishment with other retail uses apparently precludes the realization of this . objective. Therefore, we must determine whether the proponent's plans repre- sent a reasonable alternative to the original objective. In our view, the proposed rezoning responds to the intent of the Comprehensive Plan of providing medium density residential housing in close proximity to the City's commercial districts. We believe that the mass of the proposed buildings is generally consistent with the surroundings and appears to fit comfortably on the site. We believe the building setback variances are warranted in that --they- approximate the single-family dwelling setbacks -in -the area. We would recommend some relatively minor modifications to the preliminary plans. -� First, we recommend that the setback of the driveway on the south side should be increased to at least five feet to permit proper. landscaping. Secondly, we Z -82 -2 M. H. Haymaker March 31, 1982 Page 2 recommend that the grade on the east and north sides should be increased to lower the perceived heights of the structures: At present, they appear some- what out of scale with sourrounding building heights. With these modifications, we recommend preliminary rezoning approval. It is understood that final approval will be conditioned on an acceptable overall development plan and a subdivision. ft TZ- ILate 2-5 LowG,roundAotwElwaban:848 -- -- - 4 Ma rthe Woods ,s,Z ., I �' i I H�II Addition i I` ra _ t .I `f J to TZ- ILate 2-5 LowG,roundAotwElwaban:848 -- -- - 4 Ma rthe Woods ,s,Z ., I �' i I H�II Addition i I` ra TZ- ILate 2-5 LowG,roundAotwElwaban:848 -- -- - 4 Ma rthe Woods ,s,Z ., I �' i I N 1 W ' H�II Addition i I ll to N 1 W ' H�II Addition i I Mr. J. VanValkenburg -7250 France Av. So. #102 Edina, Minn. 55435 Dear Jim, Thank you for.your letter of..May 12, 1982 in which you referred to our conversation in your office. Again it seems you suggest a very unrealistic.valuation followed by what appears to be an ultimatum. In paragraph #4 of your letter you stated "I do not know of any land in that area that is sold for more than $ .90 a square foot.. ". Frankly, Jim, we do not know how extensive your research has been or how recently-At was conducted. If you are sincere about the $ .90 per square foot figure, we will offer two options based on your suggested price: OPTION #1 Evanson sells Santrizos subject property ( Paragraph #4 of your letter) for $ .90 per square foot. Santrizos sells Evanson lots #2 & #3 in "Marthe Woods Hill Addition" for the equal amount of $ .90 per square foot. Evanson will dedicate lot #3 as an "out lot" for the benefit of the neighborhood as a nature area for all to enjoy': OPTION #2: Santrizos sells Evanson Lot #2 for $ .90 per square foot. Evanson sells their subject property to Santrizos for an equal valuation of $ .90 per square.'foot. Evanson applies their proceeds to defray the cost of the assess- ments levied against the Westerly property owners. Both of these options ring of sarcasm based on such a ludicrous appraisal of area values. We feel we are being asked to give up amenities that are not allowed for in ANY appraisal. Therefore, we offer a third option which indeed, may be more realistic. OPTION #3: Santizos establishes a per square foot value on their lots. Evanson has the option to purchase one of the lots at that value, or to sell their property to Santrizos at ithat value. This would insure an equal exchange of values. What could be more fair ?? f After reading paragraph #5-of your letter.,. a question immediately popped into my mind. How in the namevgood conciounce could the City of Edina condemn the Evanson family property and in turn give °it — to the Santrizos family!-The implications of this solution are truly frightening. Paragraph #6 of your letter seems reasonable. We do not care how, t. or by whom the area value is determined, as long as we have a buy /sell option on one of the Santrizos lots at an equal valuation. In summary, Jim, let us.share a couple of thoughts with you. With a perfectly good road serving three neighbors, with the recent installation of a $3000.00 well and a lovely view, we are not overjoyed with the proposed development. Being realistic, we knew the day would come. What remains for us to do is to resolve this matter in a fair and businesslike manner. To demonstrate our optimism in your sicerity for a fair settlement, we have ignored what we construe to be veiled threats and have kept our attorney out of the matter.to date. Sincerely, Roger _. Evanson RCE /ts cc;.Mr. Byron Zotaley Edina City Council members THOMSEN, NYBECK,JOHNSON, BOUQUET & VAN VALKENBURC,, P. A. LAW OFFICES SUITE 108 -7250 FRANCE AVENUE SOUTH MINNEAPOLIS (EDINA),MINNESOTA 55435 (6121 835 -7000 HELGE THOMSEN GLENN G.NYBECK GORDON V. JOHNSON JOHN K. BOUOUET JAMES VAN VALKENBURG JACK W. CARLSON DENNIS M.PATRICK MARSH J. HALBERG Mr. Roger Evanson 7717 Marth Court Edina, Minnesota 55435 Dear Roger: May 12, 1982 rr I appreciated the opportunity to talk with you about the problem in connection with the developments, and thus the assessments on Marth Road. OF COUNSEL RICHARD D. WILSON ROBERT E.2ECK It is my understanding that you have added the total of the assessments plus the connection charge and have estimated your cost at about $13,000,and that is what you are asking for from the Santrizos family. What we are essentially interested in, of course, is buying the two tracts of land that are in what will be the right -of -way. It seems to me on the west side we are talking about a strip that is 5 feet wide and approximately 148.6 long, for 743 square feet, and on the east side we are talking about a strip 10 feet wide and 148.6 feet 1 °ong,`for 1480 square feet. That would give us 2223 square feet. There is also the footage to complete the Hanson cul -de -sac of approximately 100 square feet. I do not know of any land in that area that is sold for more than $.90 a square foot and would thus suggest that we pay to you the sum of $2,500 for that land and everyone pay their own assessments as everyone will benefit from the improvements. If that is not acceptable I would suggest that we appear at the May 17th Council meeting and urge that the improvements be approved and that the Cguncil direct the attorney to start condemnation Rroceedi and to then a ermine how the costs of tat condemnation would be spread against the two parcels and proceed from there. Ofe 10 Wc;L.). Mr. Roger Evanson &41 May 12, 1982 Another way to do it would be to suggest that we obtain several different appraisals. We would get one and you would ` -'- "" get one and the two appraisers could name a third appraiser and agree that those figures would be totaled and.then divided by 3 and that would be the price to be paid. We +would then pay that amount to you for the land, and we would proceed. ,._.,In that way it would save Commissioner's expenses, attorneys fees;-court costs and similar expenses that would be an expens {e to both of us. This would do it faster and would do it much more economically from everyones standpoint. I do not know the City's attitude as to how they would treat the cost of that acquisition, including the fees and expenses. It would be my assumption that they would determine the cost of acquiring the westerly five feet and assess it against the westerly properties and obtain the cost of the easterly property and assess it against the easterly properties. I would appreciate your thoughts. JVV:jd cc: Mr. Byron Zotaley 0 Your truly < T es Van Valkenburg PART PAID /VOLUNTEER FIREFIGHTERS Gregory Bretson Lawrence Friedrichs Steve Hatzung Thomas Jenson Steven Nelson Robert Prestrud Gerald Reifschneider Daniel Scheerer John Scheerer Martin Scheerer John Senior Michael Wech Raymond Wolff LONDONLU'RY DR)VE \i`i -A I 1 77-74 D.GE. PA P 4 -,j-I:UTHERAN CHURCH �_.`- f II ��� r;;= I �l ti 1. - 1 -..._ /_l_ �. __ _ C NECK r\ ri N U 1A B E R Z-82-3 Jack Helms L O C A T I O N Generally located south of Vernon Avenue and east of Vert-ion Court REQUEST R--2 to PRD-2 COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT APRIL 28, 1982 Z -82 -3 Jack Helms. R -2 Two Family Dwelling District to PRD -2 Planned Residential District. Generally located south of Vernon Avenue and east of Vernon Court. Refer To: Attached site plan and elevation schematic, and attached Crosstown Hills subdivision. The subject property measures approximately 46,000 square feet in area and is zoned R -2 Two Family Dwelling District. The subject property is composed of two lots that were platted (and zoned R -2) in 1979. This plat, which was called Crosstown Hills, included three R -2 lots. An existing building on Lot 3 is currently being retrofitted into a double bungalow. This building is located immediately southwesterly of the subject property. Across Vernon Avenue to the north are the Hansen /Martinson townhouses, Fountainwoods Apartments and the Habitat. The proponent is requesting a rezoning to PRD -2 Planned Residential District. A preliminary site plan has been submitted which illustrates a five unit town- house development of the property. These units would be served by a common drive from Vernon Avenue. The units would back into the hillside which slopes from east to west across the site. Two enclosed garage stalls per unit and surface parking in the driveway areas are proposed. In addition to the site plan, the proponent has-submitted conceptual elevation drawings for your review. The proposal would require setback variances. Thirty -five foot building setbacks are required from all property lines. A 20 foot setback from Vernon Avenue and 10 foot setbacks from the east and southwest property lines are requested. Although a preliminary plat has not been submitted, the proponent states an intent to propose a townhouse style plat. This plat will be submitted in conjunction with final rezoning approval. Recommendation The subject property is designated for low density attached residential by the Comprehensive Plan. The type and density of the use (i.e. five units /acre) conform to the Plan. In our view, the proposed project represents an excellent use for this parcel and should complement the townhouse and apartment develop- ments to the north. Our only reservation regarding this project has been its relationship to the remodeled dwelling which is located on the abutting lot. In our view, the proposed plan should not adversely impact this dwelling. The proponent reports that the owner of this dwelling has approved the proposed plans. Community Development and Planning Commission Z -82 -3 Jack Nelms April 28, 1982 Page 2 , As noted previously, several setback variances will be required. We believe that the side yard variances are appropriate in that they approximate required setbacks for double bungalows. We request, however, that the Vernon Avenue setback should be increased to a uniform setback of at least 30 feet. Likewise, we request that the drive aisle setback on the west side should be increased to 10 feet. With these modifications, Staff recommends preliminary rezoning approval with the following conditions: 1) Final rezoning is contingent on an acceptable overall development plan. 2) Final platting 3) Subdivision dedication based on one new dwelling unit. -13(i 0 ILL 110 ej07 loll ,0 Pov 7— a �-� � �— T_.._ ��-•�._ _ ��• f3 "IJ LA I V �� � = —�.� r,. .� rr-- �,�r---�- -- � r�'�_-::; �`j ��� � i'. \: ' ±,( � J� � ��i ; ; �� {{ I► E.� ►�- �i ...................... CAl20ARELG E ANO A550G/A7TE5 , HILLS CAl20ARELG E ANO A550G/A7TE5 , (vi�� F 1JO�'TN f`2 40 ?.O O 40 130 '• ,$GALE /N F=EET �') 1`; BC- Ale /NC�S .SJ-10ry /J A�'E A551JMED / 1 �� DRAINAGE AND UT /L / T y NJ 5E14E14T6 ARC- 51401,VAI THU 5: 1-- s >EIN6 5 FEET IN W10774 AND r ��,� /\ \ �✓� rL `� 0J011VIN6 LoT L 11VE5 [/NLE55 / ao / \ \ / \ \ 7-740- // lOAf,4 0, A /O /=F_1✓T �i� r WiDTN/�NU ,45LTO1N /NC7 STREET/ NI NES A5 5N0WAIcv7NE FLAT. r a I �4 k� '1- \ 9, / � s N 89S7 of c1 � lij _ I ,' 0) 'N Gouj� T �� ,� ,/ I � i _. - -77: 15 1 < Bf) c o r. j (OFFICIAL PUBLICATION) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARINGS THE EDINA -CITY COUNCIL will meet at the Edina City Hall, 4801 West 50th Street, on Monday, May 17, 1982, at 7:00 P.M. and will at said time and place consider the following: Rezoning request from R -1 Single Family Dwelling District to PRD -3 Planned_ Residential District for n4. H. Haymaker, Lots 1 and 2, Block 4, Grandview. Heights. Generally located in the southwest quadrant of Summit Avenue and Interlachen Boulevard. Rezoning request from R Two Family Residence District to PRD -2 Planned Residence District for Jack HC'I.iiS,Lots 1 and 2, Block 1, Crosstown Hills._ Generally located south of Vernon Avenue and east of Vernon Court. Preliminary Plat Approval of Corkins Addition, generally located in the south- west quadrant of Schaefer Road and I nterlachen Boulevard, and generally ' described as part of Lot 27, Auditor's Subdivision No. 325. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk Please .publish in the Edina Sun on Wednesday, May 5, 1982. Please send six (6) Affidavits of Publication. .t . I t ( ,:- 7 1'1 f E"I Pt J� Z p LI -1-jj't l'tMj'r*v-'� - -1 • ran LJ. _- Cr � J `•' � 1 o � NUMBER LOCA 11ON REQUEST S -82 -1 Corkins Addition Generally located in the Southeast Quadrant of Schaefer Road and Interlachen Boulevard EDNNv',A,. PLP-Ji"ANIMIG- COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT APRIL 28, 1982 S -82 -1 Corkins Addition. Generally located in the Southeast Quadrant of Schaefer and Interlachen. Refer To: Attached preliminary plat and Blake- Schaefer roadway plan The subject property measures approximately 130, 000 square feet and is zoned R -1 Single Family Dwelling District. The property is improved with one single family dwelling which fronts on Interlachen Boulevard, but gains its access from ,Schaefer Road. The property is characterized by level topography and is heavily wooded. The proponent is requesting a three lot subdivision of the subject property. ti Lot 1 would measure 82,290 square feet and would be retained for the existing dwelling. Lots 2 and 3 would be new buildable lots and 'would measure 21,641 square feet and 26,065 square feet respectively. Both lots would front on Schaefer Road. The unusual configuration of Lot 2 is caused by an existing swimming pool on Lot 1. The subject property would have been affected by the Blake- Schaefer roadway plans prepared several years ago. According to these plans, a roadway would have been constructed through this property to Schaefer Road. Most of you will recall that this roadway plan was reviewed last year in connection with the Oak Ponds subdivision. At that time, it was agreed that a roadway to Schaefer was not needed. The attached graphic illustrates the road plan which was agreed to last year. Recommendation In our view, the proposal represents a logical and expected division of the subject property. The proposed lot sizes certainly exceed ordinance requirements and are consistent with the lot to the south and the lots approved for the Oak Pond subdivision to the southeast. The issue of a right of way to Schaefer was resolved last year and, in our view, no longer affects this property. We are somewhat concerned with the shape of Lot 2. The dwelling to the south of the subject property maintains an 80 foot setback from Schaefer Road. There- fore, the dwellings on the new lots must maintain 80 foot setbacks. This require- ment, coupled with the 25 foot rear yard requirement, results in a smaller building site for Lot 2 than may be realized. However, about 60 feet of "buildable depth" would remain on Lot 2 which certainly should be adequate for even a very large dwelling. Nevertheless, Staff wishes to stress that we will not recommend approval of a variance from the front yard requirement for Lot 2. Therefore, the developer must realize that this dwelling may be located closer to the swimming pool on Lot 1 than may be desired. If this is a concern, the Commission may wish to consider only a two lot subdivision. Staff. recommends approval of the proposed subdivision subject to the above comments and subject to subdivision dedication. 40 AVE. "2 4' 1,5143 ej, IS "I 2 2s 2 Q) 14 i 4 62 1, • 22 ASCENSION c' -:11 t,9 L 2 4 4 Y 1 20 3 4" _J; 30 200 7 4 4 A 0 Z.— rl J, T'K m- - "s r-, "' ,;, 4 CT� cn z Z,p r% 23 I t 2 Z fp 2 • G, 1 9 � "13i 41RD's CJ, rr .5 %Q, .0 L) cr OCO lovill.qt 4 LLJ 6 4-b5 9 10 -FA1d2-2 45 > v .,Norlh fincof SE I/4 OfSEI/4 ofNFI/4 G,6 11 zo .74 3 It ITCRMAN 119.10 540 SX Ir"M S ° Is'. A". f(n 11514 ,1r 1 so W; 9. 11114 2 2 P,k.s S-J.f 11A 75Y—d., a 9 �; 3 Z, % Ics "MIRROR 10 1�01 15 LAKE JE•0 p 100— 0 4 c I 1, 6 5 o l\ v E 31 Z 7 3 -1 �29 --'W A Y -Q o 7 f "0, 4L 6 PART OF al-K. r 2 0 ACE '121 . 't I 0 154 01 Sri UJ 1)101 to 3 cy�� uj j Is, u iT E 1 Z, .10 Q. 14 119 31 ROAD— - —Tm- —,5� .5 3.13 0 NO S; - -1; z 0 '-C. R,,5 T R 0 T 6- 31 7F IR S T ADD. S T E\'\ < I 0 7 C% -q < tco:, f.5 37 0 POND <) /V 2 28 312 115 34 3 0\5D 5 IZ-- 110 9 5 0 z N 2 p. w,,/ 3?5 - • c 7 dill 4 4.1 AR LD li Port of Lo, WOODS 1590 It THIRD, ADD 25 POND (1961 Ael, - 0/ PAVIV 1 2 4 5470 23 lvi 72 (POND '.1.4 It 22 7.' ,4-) G00 21 (3) 165 15 20 rid c 1 2.9 1 90 �x 2 �, 2 J!P c q1• • I',-. r) •o,#r of 101 11 • 11 966,? A e, o OND L: 38 A 2 AR LD li Port of Lo, WOODS 1590 It THIRD, ADD 25 POND (1961 Ael, - 0/ PAVIV 1 2 4 5470 23 lvi 72 (POND '.1.4 It 22 7.' ,4-) G00 21 (3) 165 15 20 rid c 1 2.9 1 90 fa c- I's c s 10 0 1- A �x 2 �, 2 J!P c q1• •o,#r of 101 11 • 11 966,? A e, o OND L: 38 n34 34 ,Y655 / 7'W fa c- I's c s 10 0 1- A IXT-RLACHEN' ROAD Mori, Mfg U� Ql / / / (�c'10 / 82 9 S,Q. F /0 1 V 2 97.0 21,641 SO. FT. U\ 01 3 26,065 SO. FT. El • t \ Pill n, \ Vt POND 0.962 Aerial Pncto 1 24 J ... •� ?o `'.i - ; - - (; t 23 ., J 38 12 2 2 _ r. os �rrisw .:j Lem Lj cr LI '00 COLf, �,•? i•r P•: ,.. v.� 2 E .VNI J"i: 0 CiD 1. -N .. DATE: TO: FROM: SUBJECT: M E M O R A N D U M May 14, 1982 Kenneth Rosland, City Manager Gordon Hughes, City Planner Mortgage Revenue Bond Program , ff 0-.1 As you will recall, the City Council approved a Housing Plan for the City at its April 18, 1982, meeting. The Housing Plan documented the City's existing housing situation and needs, and set forth goals, objectives, and programs designed to meet those needs. The attached Mortgage Revenue Bond Program provides a detailed description of the Program for the Win- field- Laukka -Edina Condominium project. If approved by the City Council, this program and plan would be submitted to the Housing Finance Agency to support a request for a bonding allocation of about $7,000,000. The proceeds of the bond issue would be used to provide lower cost mortgages for the moderate income units in Phase I of the Edinborough development.. GH:jr PROGRAM FOR THE FINANCING OF A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to the Minnesota Statutes, Chapter 462C (the "Act "), the City of Edina (the "City ") has been authorized to develop and administer programs of multifamily housing devel- opments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing devel- opments may be financed by revenue.bonds issued by the City. The City has received a proposal from the York -Edina Partnership (the "Partnership ") that, pursuant to the author- ity found in the Act, the City approve a program providing for the issuance of revenue bonds the proceeds of which would be used to make or purchase low- interest -rate mortgage loans made to purchasers of condominium units constructed by the Partnership within Southeast Edina Redevelopment Project, a redevelopment project area established pursuant to Minnesota Statutes, Chapter 462. The land upon which the units will be constructed is owned by the Housing and Redevelopment Authority of the City of Edina (the "HRA "). Thy HRA will make certain improvements to the land and the land will be conveyed to the Partnership on the condition that the condo- minium units be constructed and that a nonprofit corporation be given an equity interest in certain of the units. A portion of the costs of improvement of the land has been financed by an issue of the City's general obligation tax increment bonds in the approximate amount of $2,200,000. It is expected the City will continue to issue tax increment bonds to pay for public redevelopment costs in connection with the project area. The City, in establishing this multifamily housing program (the "Program "), has considered the information contained in the City's 462C Housing Plan adopted , (the "Housing Plan "), including particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private market financing for the construction of multifamily housing units; (iii) an analysis of population and employment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City has further considered (i) the amount, timing and sale of bonds to finance the estimated costs of the condominium units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring the implementation of the Program to ensure compliance with the City's Housing Plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the cost to the City, including future administrative expenses; (v) the restrictions on the-multifamily development to be financed under the Program; and (vi) certain other limitations. The development will be constructed and financed pur- suant to subdivision 3 of Section 462C.05 of the Act. Subsection A. Definitions. The following terms when used in this Program shall have the following meanings, respectively: "Act" shall mean Minnesota Statutes, Section 462C.01 et seq., as currently in effect and as the same may be from time to time amended. "Adjusted Gross Income" shall mean Gross Family Income, reduced by $750 for each adult in the family, to a maximum of two adults, and less $500 for each other Dependent in the family. "Bonds" shall mean the revenue bonds to be issued by the City to finance the Program. "City" shall mean the City of Edina, Minnesota or the HRA, which may be authorized to act on its behalf by the Act. "Dependent" shall mean "dependent," as defined in Sec- tion 152 of the Internal Revenue Code of 1954, as amended, and the regulations thereunder. "Foundation" shall mean the East Edina Housing Foundation or any successor or assign. "Gross Family Income" shall mean the current annual income, from all sources as determined in accordance with the then current loan origination requirements of either FHLMC, FNMA, FHA or VA related to mortgage loans originated under programs regulated by FHLMC, FNMA, FHA or VA, as the case may be, as verified by an Originator in accordance with such requirements and its customary underwriting practices, of the Mortgagor, his or her spouse, and any co -owner of a fee interest in the Housing Unit to be financed with the proceeds of a Mortgage Loan. -2- "Housing Plan" shall mean the City of Edina 462C Hous- ing Plan, adopted on , setting forth certain information required by the Act. "Housing Unit" shall mean any one of the condominium units to be located in the Project, occupied by one person or family as a principal residence and containing complete living facilities. "HRA" shall mean the Housing and Redevelopment Authority of the City of Edina. "Land" shall mean the real property upon which the Project is situated. "Mortgage Insurer" shall mean the FHA, the VA or any Qualified Mortgage Guaranty Insurer. "Mortgage Loan" shall mean an interest beaing loan to a Mortgagor for the purpose of purchasing a Housing Unit evi- denced by'a promissory note and secured by a mortgage or deed of trust on such Housing Unit. "Mortgagor" shall mean an individual or individuals who have received a Mortgage Loan. "Originator" shall mean any bank, trust company, savings bank, national banking association, savings and loan associa- tion, mortgage bank or other financial institution or govern- mental agency which customarily makes or services mortgage loans on owner - occupied residential housing units in the City, or any holding company for any of the foregoing which has agreed in writing with the City to originate Mortgage Loans under this Program. "Phase I" shall mean the first 150 to 170 Housing Units to be constructed as part of the Project. "Program" shall mean this program for the financing of the Project pursuant to the Act. "Program Administrator" shall mean any Originator or other institution with qualifications at least equal to an Originator which agrees in writing with the City to monitor Originators' origination of the Mortgage Loans which have been sold to the City, to service all Mortgage Loans which have been sold to the City and to perform such other func- tions as agreed upon by the Program Administrator and the City. -3- . "Project" shall mean the multifamily housing development consisting of approximately 600 Housing Units to be con- structed by the Partnership on the Land. "Qualified Mortgage Guaranty Insurer" shall mean any mortgage guaranty insurance company qualified to do business in the State of Minnesota and qualified to provide insurance on.or in connection with mortgage loans purchased by FNMA or FHLMC, whose policies of insurance would not adversely affect the rating on the Bonds with the agency which will initially rate the Bonds, or is rated at the highest rating then given such insurance companies on a claims -paid basis by such rating agency. "Shared Equity Mortgage Loan" shall mean a Mortgage Loan for the purchase of a Housing Unit where a portion of the Housing Unit is conveyed to the Foundation pursuant to the requirements of Subsection C hereof. Subsection B. Program for Financing the Project. It is proposed that the City establish this Program to acquire, and contract and enter into advance commitments to acquire, Mortgage Loans initially originated and owned by Originators with respect to Housing Units located within the Project at the prices and upon such other terms and conditions as are set forth herein and' as may be agreed upon in writing between the City and the Originators. To do so, the City expects to make and execute contracts with Originators for the origina- tion of Mortgage Loans and the sale of such Loans to the City. The City further expects to make and execute a contract with a Program Administrator for the monitoring of origination of the Mortgage Loans, for the servicing of the Mortgage Loans and to pay the reasonable value of services rendered under such contracts. In carrying out this Program, the City or the HRA may exercise, within the corporate limits of the City, any of the powers the Minnesota Housing Finance Agency is authorized to exercise under the provisions of Minnesota Statutes, Section 462A. The City will hire no additional staff for the adminis- tration of this Program, but intends to enter into the con- tract with the Program Administrator who will administer the Mortgage Loans with respect to the guidelines expressed in this Program and who will service the Mortgage Loans. The City also intends to select and contract with a trustee experienced in trust matters to administrate the Bonds sold to finance this Program by maintaining the various funds and accounts created by the Program documents and by making Bond payments, as they become due, to bondholders from Program generated revenues. -4- In servicing the Mortgage Loans and monitoring the origination of Mortgage Loans for compliance with the requirements of this Program, the Program Administrator will, among other things, (i) review the Mortgage Loan documents prior to the sale of a Mortgage Loan to the City for compli- ance with the requirements of the City and the requirements expressed in the Program documents; (ii) service the Mortgage Loans and submit monthly payments received from Mortgagors to the Trustee; (iii) collect information with respect to the Origination of Mortgage Loans and submit monthly reports to the City and the HRA staff setting forth the income levels of persons receiving Mortgage Loans, the size and type of Housing Units purchased with Mortgage Loan proceeds and such other information regarding the origination of the Program as the City and /or the HRA may reasonably require; (iv) make reports to the City and /or the HRA with respect to servicing Mortgage Loans, including collection of monthly payments from Mortgagors, delinquent collections, foreclosure proceedings and any other related activities; (v) handle claims for private mortgage insurance and hazard insurance in the event of foreclosure losses and file claims for mortgage the insurance; and (vi) mainz;ain contact with the City, the HRA, the Trustee and rating agencies with respect to the Mortgage Loans. Insofar as the City will be contracting with under- writers, legal counsel, the Program Administrator, Origina- tors and a Trustee, all of whom will be reimbursed from Bond proceeds and revenues generated by the Program, it is not expected that additional staff costs or administrative costs need be paid from the City's budget with respect to the Origination of and maintenance of the Mortgage Loans. Subsection C. City Contributions to the Project. In addition to the proposal of the City to create this Mortgage Loan purchase program, the City proposes to enter into an equity participation plan with respect to certain of the Housing Units in the Project. The equity participation plan provides that the City issue general obligation tax increment bonds to pay for redevelopment costs in-connection with the Project and to apply the cost savings from such redevelopment costs into lower Housing Unit purchase prices. The HRA currently owns a site of approximately 25 acres within the Southeast Edina Redevelopment area, and the City has issued approximately $2,200,000 in general obligation tax increment bonds to pay for the cost of redeveloping a portion of the site on which Housing Units are to be constructed. Under a redevelopment contract signed with the development team for Phase I of the Project and the Foundation, -5- the City will transfer the Land to the Foundation, a nonprofit corporation created to administrate development of the Project. The Foundation will convey portions of the Land to the developers as portions of the Project are completed. The developers, in turn, will transfer to the Foundation - a portion of ownership on certain of the Housing Units in proportionate amounts equal to the sums contributed by the City. It is anticipated that approximately two - thirds of the 150 to 170 of the Housing Units to be constructed under Phase I of the development will be subject to portional ownership by the Foundation. The remaining interest in the Housing Units will be sold to first -time home buyers. It is expected that an interest of approximately $25,000 per unit on two - thirds of the Phase I Housing Units will be transferred to the Foundation, reducing the remaining interest available for purchase by Mortgagors by approximately the same amount. The amount of ownership by the Foundation in such Housing Units is to be based upon the Mortgagor's income available for housing costs. It is expected that the Foun- dation will review applications by prospective purchasers wishing to participate _n the equity contribution plan, and determine the amount of equity contribution and eligibility for such applicants as applications for purchase of Housing Units are received. Any sale proceeds from the resale of Housing Units initially financed with proceeds of a Shared Equity Mortgage Loan will be allocated on a proportional basis between the Mortgagor and the Foundation according to the original allocation of equity between such parties when the Housing Unit was originally sold. Subsection D. Standards and Requirements Relating to the Mortgage Loans to Be Financed Pursuant to the Program. The following standards and requirements shall apply with respect to the mortgage loans made under the Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition of Housing Units by Mortgagors. (2) The Adjusted Gross Income of a Mortgagor at the time of application for a Mortgage Loan shall not exceed the greater of: (i) 110% of the median family income as estimated by the United States'Department of Hous- ing and Urban Development for the Minneapolis - St. Paul Standard Metropolitan Statistical Area; or (ii) 100% of the income limit established by the Minnesota Housing Finance Agency for the City. (3) For the first six months after proceeds of any bond issue are available to make or purchase Mortgage Loans, 80% of the funds provided for the purchase of Mortgage Loans may be made or committed only to Mortgagors with Adjusted Gross Income at the time of application of 80% or less of the limit set forth in paragraph (2). For the first 12 months after proceeds of any bond issue are available to make or purchase mortgage loans, 50% of the funds provided for the purchase of Mortgage Loans may be made or committed only to Mortgagors with Adjusted Gross Income at the time of application of 90% or less of the limit set forth in paragraph (2). (4) To the extent permitted by law, the assumption of a Shared Equity Mortgage Loan from a Mortgagor by any other person or persons shall be permitted only if the person or persons assuming the Shared Equity Mortgage Loan meet the income-,: limits set forth in paragraph ('3), using the HUD median family income and the Agency income limits.in effect at the time of the assumption. (5) The purchase price of a Housing Unit under Phase I may not exceed the lesser of three times the Adjusted Gross Income limit set forth in paragraph (2) or 90% of the average area purchase price for residen- tial housing computed as provided under the Proposed Treasury Regulations or any final regulations promul- gated under Section 103A of the Internal Revenue Code of 1954, as amended (unless the Housing Unit is within a "Target Area," in which case where it may be 110% of the average area purchase price for residential housing). (6) All Mortgage Loans may be made and sold to the City and serviced by one Originator to be selected by the City if the City determines that it is necessary to select only one Originator with respect to the Program. (7) Originator shall accept and process applica- tions- for-Mortgage Loans on a nondiscriminatory, "first - come, first served" basis, subject to the other provi- sions of the Program, and will not arbitrarily reject an application for a mortgage loan fora Housing Unit within a specified geographic area because of the loca- tion and /or age of the property, or, in the case of a proposed Mortgagor, arbitrarily vary the terms of a loan -7- or the application procedures therefor because of race, color, creed, religion, national origin, sex, marital status, age or status with regard to public assistance or disability. (8) The Mortgagor of each Housing Unit must be a first -time homebuyer, must be the owner of such Housing Unit and must occupy such Housing Unit as his principal place of residence. (9) No Housing Unit may be in violation of appli- cable building codes and zoning ordinances or other applicable land use regulations. (10) For any Mortgage Loan the original principal amount of which exceeds 80% of the lesser of the pur- chase price or the appraised value of the Housing Units subject thereto, such Mortgage Loan must at a minimum be insured or guaranteed by a Mortgage Insurer in an amount so that the uninsured or unguaranteed portion.of such Mortgage Loan does not exceed 72% of the lesser of the purchase price or the appraised value of such Housing Unit. If such Mortgagor obtains FHA insurance or a VA guarantee to comply with the preceding sentence, such insurance or guaranty must be maintained for the entire period during which the City owns an interest in the Mortgage Loan. (11) The difference between the interest rate on Mortgage Loans and the interest rates on the Bonds issued to acquire such Mortgage Loans shall represent only the costs of insurance premiums, amortized expenses of issuing the Bonds, the City's ongoing costs for the administration of all housing programs, fees of servic- ing and administering the Mortgage Loans and trustee and paying agent fees. Subsection E. Evidence of Compliance. The City may require from the Partnership or Originator, at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Partnership to complete the Project or the phase being financed, and evidence satis- factory to the City of compliance with the standards and requirements set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Partnership and the Originator/ Servicer in order to confirm such ability, intention and compliance. INIM Subsection F. Issuance of Bonds. To finance the Mort- gage Loans for Phase I, the City intends by resolution to authorize, issue and sell its Residential Mortgage Revenue Bonds in an aggregate principal amount of up to $8,000,000, which Bonds shall be payable solely from the proceeds of the Bonds and the revenues of the Program. The City shall enter into an indenture of trust with an institution authorized to accept such trusts and which is experienced in trust management and has a large corporate trust portfolio, upon such terms and conditions as the City shall determine, being advised thereon by bond counsel. In issuing the Bonds, the City may exercise, within the corporate limits of the City, any of the powers the Minnesota Housing Finance Agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475. The Bonds shall be sold by the City at a discount of not more than three percent. Subsection G. Severability. The provisions of this Program are severable and if any of its provisions, sen- tences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. ME RESOLUTION ADOPTING A HOUSING PLAN AND PROGRAM PURSUANT TO MINNESOTA STATUTES 462C WHEREAS, Minnesota Statutes 462C (the "Act ") provides that a city may develop and administer programs of making or purchasing mortgage loans to finance acquisition of units in multi - family housing developments, primarily by low and moderate - income persons or families anywhere within its boundaries; and WHEREAS, the _fit. provides that a city may issue and sell revenue bonds or ob- ligations in order to finance the making of the loans, which bards shall be payable solely from the revenues of the program; and WHEREAS, the Act requires the City to adopt a Housing Plan and a program prior to issuing bonds; and WHEREAS, a Hearing was held on the Housing Plan by the City Council on April 19, 1982, pursuant to notice duly given; and WHEREAS, a hearing was held on the Housing Program by the City Council on May 17, 1982, pursuant to notice duly given; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the City of Edina 462C Housing Plan dated April 19, 1982, is hereby adopted and the City of Edina Program for the Financing of a Multi- Family Housing Development dated May 17, 1982, is hereby adopted; and BE IT FURTHER RESOLVED that the City Manager be directed to transmit said Plan and Program to the Metropolitan Council and the Minnesota Housing Fin- ance Agency for their consideration. ADOPTED this 17th day of May, 1982. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk of 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 May 18, 1982, and as recorded in the Minutes of said Regular Meeting. ;Z~g .40 WAN M i r '1• �p4, / y. a�� 40�00,p ;tT p 1 MINUTES TRAFFIC SAFETY COMMITTEE MAY 11, 1982 9:00 A.M. Members present: Fran Hoffman, Chairman Gordon Hughes Craig Swanson Alison Fuhr Lois Coon Members absent: None Others present: Anne Hoffman, 4801 West 60th Street Judy Candell, 4721 W. 60th Street SECTION A Requests.on which the Committee recommends approval as requested or modified, and the Council's authorization of recommended action. 1. Request for parking restrictions on Doncaster Way adjacent to Highlands Park between 5209-5221 Doncaster Way. Request made by Mr. & Mrs. Wayne Williams and four additional families. ACTION TAKEN: The Williams' request was for parking prohibition from April through August, 5 P.M. to 9 P.M., Monday- Friday, and 12 P.M. to 5 P.M. Saturday and Sunday. The Committee discussed the number of restrictions requested and the possible confusion to motorists. Also, the fact that the request related to park usage and specifically to softball league play. A description of the area included a large parking area, off - street, just north of the softball field intended for park parking. Mrs. Coon moved that "No Parking, Monday- Friday, 5 P.M. to 9 P.M." signs be recommended for installation.on Doncaster.Way between 5209 and -- - 5221;- inclusive: - -Kr. Hughes -- seconded the - motion. Motion carried 5 -0. Requests on which the Committee recommends denial of request. NONE. Traffic Safety Committee Minutes Page 2 May 11, 1982 QE!`TTAK1 r Requests which are deferred to a later date or referred to others. 1. Request for 3 -way "STOP" at the intersection of West 60th Street at Parnell Avenue. Request made by Mrs. Judy Candell,.4721 West 60th Street, and approxi- mately 32 additional petitioners. ACTION TAKEN: The traffic movement and topography of the area were discussed. Mr. Swanson offered the results of a traffic speed survey which depicted the frequency of violators as being consistent with similar residential streets, however, the.average speed of traffic was somewhat higher than similar streets. Mrs. Candell offered that there was an increased number of children living in the area and the speed of vehicles was the main safety concern. Mr..Hoffman stated that usually local residents are the primary users of residential streets. A 60th Street cul -de -sac was suggested by the requestor. Generally engineering, enforcement and educational solutions were.considered. Mr. Swanson.moved that the Police Department increase enforcement in the area by the use of radar monitoring and simultaneously survey the registrations of roadway users. Results would be reported at the July 1982 Committee meeting. Mrs. Fuhr seconded the motion. Motion carried 5 -0. 2. Request for "All -Way Stop" signs at the intersection of West 52nd Street and Minnehaha Boulevard. Request made by Joan Lonsbury and 43 neighborhood petitioners. ACTION TAKEN: The request was discussed referencing the current character of the intersection. Additionally, it was noted that park plans (Arden Park) may impact the intersection by virtue of a pedestrian /bicycle path exiting the park at the intersection location. -Mrs. Fuhr moved that--the-request be deferred one month for the purpose of obtaining more information on park plans. Mr. Hughes seconded the motion. Motion carried 5 -0. Respectfully submitted, Edina Traffic Safety Committee - STOREFRONT/YOUTH ACTION Administrative Offices 5701 Normandale Road, Edina, MN 55424 (612) 926 -1851 Last year, Robert, age 14, began to understand that he wasn't responsible for his parents' divorce. Todd, age 16, kicked a shoplifting habit he'd had for four years. Sharon, age 17, was able for the first time to express the turmoil she had felt since a sexual experience with her father ten years before. There are hundreds of Roberts and Todds. and Sharons who had similar exper- iences last year, and there will be hundreds more this year. These young people and their families are getting help from Storefront /Youth Action, a non - profit agency that serves Bloomington, Richfield, Edina and Eden Prairie. Families today experience pressures unheard of only two generations ago. The resulting problems invade every institution and system in our community. Government statistics say twenty percent of all families suffer from problems with alcohol or other drugs, the State of Minnesota reported 10,493 people under the age of 17 were appre- hended last year for vandalizing or shoplifting, costing an estima- ted $300,000,000 to State citizens, and Child Protection Services statistics say 2,242 cases of physical or sexual abuse of children were reported in Hennepin County last year. Parents struggle.to raise teenagers in a society where the values often bear no resem- blance to their own, and kids mask their inability to communicate by using drugs. Storefront /Youth Action provides prevention, education and counseling services to young people and their families in the South Hennepin County area. This year we will celebrate our tenth anniversary. Our purpose - to help the citizens of this area cope with the problems affecting their lives now, and give them the skills and tools with which to solve their problems in the future. Storefront /Youth Action is governed by a Board of Directors represent- ing the communities we serve., and _providing expertise-in the-areas of.. business, city government, child care, youth counseling, parenting skills and community services. Our staff is experienced, . professional and competent. All counselors have a minimum of two years experience in their fields, have received additional training after completing four year degrees, and many have advanced degrees. Our Executive Director, Steve Lepinski, has been guiding the agency's growth for the past seven years, and is presently completing a Master's program in Mental Health Administration. Adolescent victim Counseling Program, 7145 Harriet Avenue South, Richfield, MN (612) 861 -1678 Edina Project CHarlie, 5701 Normandale Road, Edina, MN 55424 (612) 925 -9706 Richfield Project CHarlie, 7145 Harriet Avenue South, Richfield, MN 55423 (612) 861 -1675 Storefront, 7145 Harriet Avenue South, Richfield, MN 55423 (612) 861 -1675 Youth Action, 5701 Normandale Road, Edina, MN 55424 (612) 926 -1851 page two This year, Storefront /Youth Action will operate with a budget of $555,000. Of this, 6% will come from United Way, 15% will come from the cities we serve, 30% will come from school districts in those cities, 5% will be generated.by the agency itself, 13%.-will come from Hennepin County, 10% from State and Federal governments, 3% will be donated in the form of services and equipment, and the rest, about 18% or $100,000, will be raised from Corporations, foundations and individual contributions. The drug boom and generation gap of the early 170's gave birth to Storefront /Youth Action. "In 1974, 80 families came to us.for help. This year, 800 families will receive counseling and 10,000 more sub- urban citizens will benefit from our educational programs. Our counseling staff has grown in size and competency to meet this need. Storefront /Youth Action programs are in every school, and referrals are made by police officers, educators, counselors, clergy, ,public health officials, parents and,kids themselves, in each of the four communities. Storefront /Youth Action programs evolved as needs became apparent. Awareness of the growing problem,of child abuse, for instance, caused concern about the lasting effects of abuse on adolescent victims. Last year, 126 adolescents received help in a unique program specially designed for young victims of sexual or other physical abuse. They increased their self concept, learned to accept what had occurred, and explored feelings of guilt and shame. Their families, often angry, embarrassed and uncooper- ative, were helped to see the value in dealing with bottled up emotions. Last year, police and court authorities referred 206 young people to Storefront /Youth Action's Property Offender Program instead of Juvenile Court. Teenagers caught shoplifting, burglarizing or vandalizing property received individual, group and family counseling, and learned from media presentations about the impact property crimes have on their community. Juvenile Court authorities explained the consequences of future criminal_ behavior, and parents of the young offenders were helped to look at the part they could play in avoiding recurrances.. Eighty -four percent of these young people have had no further involvement with the law. Based on current estimates, taxpayers have saved,a possible $21000,000.. Chemical use was a problem.for 450 young ,clients of Storefront /Youth Action last year, and 75 families attended our three week Chemical Orientation Program to learn about dependency. Each family watched films and lectures, received.individual counseling and-participated in an assessment to deter- mine if more help was needed. Edina and Richfield elementary school children are learning about putdowns and peer pressure each week, participating in Project CHarlie, our drug .abuse prevention program. Our Prevention Specialists, trained in raising children's self esteem through affective education, teach 4,000 children in weekly sessions, and help them to understand theeconnection between.how .you feel about yourself and.whether or not.you use drugs. Project CHarlie was developed by Storefront /Youth Action.staff six years ago, and our page three specialists have trained people from 450 schools around the country to use the program. Evaluations are confirming its value, as parents,. teachers and students respond enthusiastically to surveys. University of Minnesota researchers are implementing a recently funded formal evaluation to be completed in mid 1983. Storefront /Youth Action has a unique relationship with the school districts of Edina and Richfield, who contract with us to provide services. Last year, 200 Edina "students were referred to the Chemical Health Coordinator, provided by this agency, who also helped implement parent education pro- grams, provided education for senior citizens, made presentations to health classes, reviewed school curriculum and provided in- service train- ing for school staff. The Junior High Prevention Social Worker, another contracted position with Edina Schools, was a friend in need to 7th, 8th and 9th grade students who seemed lonely, withdrawn or uninterested in school, knowing that these are the youngsters who find comfort in drugs later on. Storefront /Youth Action is a community agency, offering residents an opportunity to confront and solve problems that otherwise might remain just under the surface. We are an advocate for families in every insti- tution of each city, providing a clear picture of today's kids - the problems they face and the solutions they seek. By continuing to provide this service, Storefront /Youth Action will give 130 young victims of incest or battering the help they need this year to cope with the future. Two hundred and twenty five teenagers will be diverted from the criminal justice system. Eight hundred families will receive professional, competent and constructive help, enabling them to solve problems and learn skills for the future, and each resident will benefit from a safer, healthier, more caring community. We need your support. Nothing is more important for the survival of our society than to have each generation of young people mature into a respon- sible, productive and caring generation of adults. Please join with us to make that happen. REQUEST FOR PURCiiASE :D1 TO: Mayor and City Council FROM: Gordon Hughes, City Planner VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITE34 IN EXCESS ,OF $5,000 DATE: May 10, 1982 Material Description (General Specifications): Harvesting of Mill Pond Quotations /Bids: Company 1. Midwest Aqua .Care Inc. 2. No other bidders 0 Amount of Quote or Bid $8,250..00 Department Recor rendation: Midwest Aqua Care anning • S.g at a Department Finance Director's Endorsement: The recommended bid is is not within the amount budget for the purchase. J. N., Dalen, Finance Director City Manager's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth Rosland, City Manager association of metropolitan municipalities NOTICE OF ANNUAL MEETING DATE: Wednesday, May 26, 1982 PLACE: Sheraton Inn - Northwest I -94 & Hwy. 52 Brooklyn Park, Minnesota 5:30 to 6:30 P.M. 6:30 to 7:30 P.11* 7:30 P.M. Social Hour Buffet Dinner Annual Business Meeting (sponsored by Miller Entree: & Schroeder Munici- Roast Round of Beef pals, Inc.) and Baked Turkey COST: $15.00 per person BUSINESS MEETING AGENDA 1. Call to Order - James Krautkremer, President 2. Introduction of Guests and Retiring Board Members. 3. Keynote address: Representative John Brandl, Chairman of the Legislative Commission onj Metropolitan Governance. 1119hat are we learning from the study of ?Metropolitan Governance ". 4. Annual Report: President James Kr.autkremer. 5. Election of Officers and Directors - Dick Asleson, Nominating Committee Chairperson (Committee report enclosed). 6. Comments: President Elect 7. Announcements. 8. Other Business. 9. Adjournment. PLEASE NOTE: A. Each City should send at least one delegate to are encouraged, however, to send as many addit as possible. Spouses and guests welcome. B. Dinner reservations must be confirmed to Carol office (227 75600) by noon on Monday, May 24th. C. This notice is being sent to Mayors, Delegates Officials. cast its vote. Cities Tonal representatives Williams at the Ai,I`.I and City Administrati% 300 hanover bldg. 480 cedar street, st. paul, minnesota 55101 (612) 222 -2861 M E M O R A N D U M DATE: May 14, 1982 TO: Kenneth Rosland FROM: Gordon Hughes SUBJECT: Zoning Status of Closed Public Schools YE E You have requested the Planning Department to respond to various concerns regarding the effect of the Zoning Ordinance on the re -use of school buildings. This request was prompted by the proposed leasing of space in Edina East to a "for profit" music studio. To date, we have consented to non - profit tenants, private schools, and so forth, but have not allowed "for profit" ventures. Current Ordinance Public school buildings are located in the R -1 Single Family Dwelling District. This zone has historically been a multi - purpose district as well as a "holding zone" for properties recognized as having a higher potential. The following principal and accessory uses are allowed in the R -1 district: . A. Principal Uses. 1. Single family dwellings. 2. Elementary, junior high and senior high schools having a regular course of study accredited by the State Department of Education. 3. Civic and cultural institutions. 4. Recreational facilities. 5. Religious institutions. 6. Utility facilities. B. Accessory Uses. 1. Private garages. 2. Greenhouses, garden houses and summer homes. 3. Tool houses and sheds. 4. Clubhouses and other related structures on the grounds of golf clubs and tennis clubs. S. Golf driving ranges. 6. Swimming pools and tennis courts. 7. Convents, seminaries, monasteries and nunneries; rectories, parsonages and parish houses. 8. Living quarters of persons employed on the premises. 9. Customary home occupations. 10. Private schools, nurseries and day care centers. --- -- - -11 -. - Signs. Other uses which may be considered for closed schools are not presently allowed in the R -1 district. For example, business and professional offices Memo - Kenneth Rosland May 14, 1982 Page 2 are limited to office, commercial and industrial zones. Schools for teaching music, dance, and business vocations are limited to commercial zones. In addition to closed schools, other allowed uses in the R -1 district are be- coming difficult to manage and regulate within the confines of the ordinance. Religious institutions are the most notable examples. As you know, some of the most controversial issues before the Council and Board of Appeals have been the construction or expansion of churches in residential settings. Alternatives The following alternatives are possible: 1. Expand Permitted Principal and Accessory Uses in R -1. We could simply allow additional uses such as offices, music schools, etc. in the R -1 zone. This alternative has the advantage of sim- plicity, but does not provide for public input or adequate control. 2. Rezone Schools to Another Existing Zoning District. We could rezone all or portions of a school to an office or commercial district. This is -,imple but would likely meet strong neighborhood opposition, may be considered a spot zoning, and would cause many non - conforming features. 3. Adopt Conditional Use Permit System for Schools. We could provide a system of conditional use permits-for re -uses of school buildings. Conditions would be defined. which. must be satisfied prior to permit issuance. This alternative provides maximum control but is somewhat cumbersome and presents a system which has historically been resisted in the City. In addition, this alter- native would respond to the closed school problems but not to the religious institution problems noted earlier. 4. Adopt a New Institutional Zone. We could provide a new zoning district for schools, churches, government buildings, utility buildings and so forth. This alter- native would address the problems caused by institutional uses located in residential settings. Some of the office and non - profit uses discussed earlier could then be allowed as accessory uses within principal uses. This alternative suffers from lack of control in that accessory uses would be allowed "by right" rather than permit. . 5. Adopt an Institutional Zone With Conditional Use Permits Required for Certain Uses. This alternative blends alternatives three and four. It would provide for neighborhood input, and would address all problem areas including churches. This alternative suffers from the same problems as alter- native three. 6. No Changes. Under this alternative, no additional uses would be allowed in closed schools. Also, under a literal reading of the present ordinance, many of the existing non - profit tenants are in violation. Memo- Kenneth Rosland ' May 14, 1982 Page 3 Recommended Alternative In our view, the R -1 district has served us well during Edina's growth years. However, it now seems desirable-to distinguish institutional uses from other uses in the R -1 district in order to promote the basic philo- sophy that single family dwellings are the dominant use in the City and should be afforded maximum protection. We would, therefore, recommend as a minimum that a separate Institutional zone should be established. We, would recommend this even if the immediate issue with the closed schools did not exist. The second part of the equation is more difficult to assess - i.e. conditional use permits. As noted earlier, the City has generally been reluctant to implement such a system because: 1) It requires additional staff time for administration, enforcement, and documentation. 2) It can be criticized and challenged for unequal or arbitrary treatment of properties with similar conditions and 3) It is a "quasi- judicial" act rather than a legislative act which thus may be subject to closer scrutiny by the courts. Despite the above concerns, we believe that a conditional use system may be appropriate in the case of institutional buildings, such as schools, which are temporarily vacant or underutilized, but which will be retained for future public use. Such a system would protect a substantial public investment which could become a nuisance if allowed to stand vacant. At the same time,' surrounding neighborhoods would be protected from incompatible uses and would be afforded the opportunity to participate in the decision making pro- cess. The conditional use system could be limited to school buildings or extended to other institutional buildings such as churches which may wish to establish seminaries, counseling services, and so forth. We believe the conditional use system should be allowed only for institutional buildings which continue to be owned by the public or a religious institution. If it is decided that a building should not be retained, then the property should be rezoned to another appropriate zoning district. Ordinance Amendment Conditional use permits are acted on much like a rezoning. Applications are reviewed by the Planning Commission and decided by the Council at a public hearing. Conditions are established by ordinance which must be satisfied prior to the grant of a permit. If the conditions are satisfied, the permit must be granted. Although it is premature to describe the ordinance in detail, the following preliminary list of principal uses, accessory uses, and conditional uses may assist in evaluating a new amendment. Memo - Kenneth Rosland r May 14, 1982 Page 4 Institutional Zone: A. Principal Uses. 1. Public or private elementary, junior high, senior colleges and universities. 2. Governmental offices (excluding post offices), fire libraries. 3. Churches, chapels, temples, and synagogues. 4. Publically owned and operated civic and cultural 5. Public or private utility facilities. 6. Community centers. 7. Nurseries and day care centers. 8. Offices for non - profit organizations. B. Accessory Uses. 1. Food service facilities 2. Parking facilities. C. Conditional Uses. high schools, stations, institutions. 1. Business and professional offices. 2. Schools for teaching music, dance, or business vocations. 3. Lodge halls and meeting rooms for fraternal philantropic, and charitable institutions. Cnnrlusinn Any amendment to the Zoning Ordinance must be referred to the Community Development and Planning Commission. Prior to submitting a proposed amend- ment to the Commission on June 2, we request Council direction regarding the alternatives listed above. We are frankly reluctant to recommend a conditional use. system. However, if the Council desires to retain control over the use of various neighborhood based institutions, avoid a "permanent" rezoning of such properties, and provide for maximum flexibility, then we cannot propose any other alternative. Lastly, we have been unable to discuss the recommended alternative with Mr. Erickson. His input will be critical in drafting an ordinance amendment. GH:jr TO: Mayor and City Council FROM: Francis Hoffman, City Engineer -� VIA: Kenneth RosZand, City Manager SUBJECT: Feasibility Report, Set Hearing Date (617182) The following improvements have been investigated and it has been determined that they are feasible and their construction would be in the best interest of the overall development of the City of Edina: IMPROVEMENT AND LOCATION ESTIMATED COST P -L -23 (Petition) Street Lighting Knoll Drive from Schaefer Road to Parkwood Road $2,400.94 P -S -31 (Petition) Sidewalk Colonial Way from Olinger Boulevard to 900 + feet South and East of Colonial Way (to proposed third parking lot) $21,583.99 P -BA -255 P -S -32 Sidewalk (West side) Cahill Road from West 78th Street to West 70th Street and Permanent Street Surfacing with Concrete Curb and Gutter on Cahill Road abutting Oak Glen Project to West 70th Street $159,110.41 P -P -13 (To be petitioned) Parking Lot - Edina Community Center $123.,084.85 The proposed hearing dates for these projects would be June 7, 1982. FJH: lm 5/14/82 5912 Crescent Drive May 14, 1982 C. Wayne Courtney, Mayor of Edina City Hall 4801 West 50th Street Edina, Minnesota S5424 Dear Mayor Courtney and Members of the City Councils My intentions are sincere, though tardy. Thank you for your positive votes regarding the installation of a sidewalk along Benton Avenue. The residents of this area, both motorists - and pedestrians, will appreciate your action, Sincerely,�,� Juanita Peterson, President Countryside PTA rrR Dear Friend: STOREFRONT/YOUTH ACTIO Fry Sal U UH ol c April, 1982 This is the first issue of a regular newsletter that Storefront /Youth Action will send out quarterly. The newsletter is for people like you who have expressed interest in the agency or provided support in the past. Storefront /Youth Action has a broad funding base. Cities, schools, county, state, corporations, foundations, individuals and the United Way all provide financial support. In addition, a wide variety of services are offered —youth and family counseling, drug assessments, property offender program, adolescent abuse program and Project CHarlie prevention programs. Therefore, it is important to us that you are informed about what is happening at Storefront /Youth Action. The format we have chosen for our newsletter is a brief one -page update focusing on one program with each issue. This issue highlights our program for abused adolescents, a timely concern given recent media coverage of this problem. Any questions, concerns, or suggestions regarding the newsletter or agency programs can be directed to me or to the Executive Director, Steve Lepinski. Thank you for your interest in the agency. ADOLESCENT VICTIM COUNSELING. PROGRAM Sincerely, Ed Orenstein, President of the Board A high school counselor called Storefront /Youth Action when one of her students hinted of a sexual relationship with her father. To protect her identity, we will call this young woman Ann. Her story is incredibly tragic. Ann was sixteen years old and had been sexually abused by all the men in her family since the age of two years. She had been victimized by her grandfather, father, stepfather, an uncle and two older brothers. Ann's view of herself was that she had no rights or control over her own life. She had concluded that her body was all she had to offer in a relationship with a man. She equated closeness with being sexual. As a result, she was promiscuous and was involved with a pimp who was "grooming" her for prostitution. Ann participated in individual and group counseling with the Adolescent Victim Counseling Program (AVCP) for almost one year. She made contracts with her counselor regarding her sexual behavior, her school attendance, drug use, etc. A major goal of her therapy was to increase her self- esteem and help her gain self- respect. She became aware of the difference between closeness and being sexual. She learned to recognize and choose other options to fill her emotional needs. She became more assertive and was abie to say no to men. Before leaving the program she was proud to report. that she had developed good friendships with two young men and was not sexual with them. This was a very meaningful new experience for her. In a one year follow -up visit, she related that she was attending college with plans to go into nursing. She had not become involved in any abusive relationships. Though Ann's case is extreme, it is in many ways typical of the young people who are in counseling with the AVCP. The program provides intensive individual and group counseling for adolescents who have been physically or sexually abused. In recent months there has been a significant increase in the number of males referred to the program, and separate groups are available for boys as well as girls. In some cases, boys who have been victims of sexual exploitation have also become offenders. In response to this, a boy's group for victims /offenders was begun last summer and the response from referral sources has been excellent. A.mother's group has developed; as well. The Adolescent Victim Counseling Program is currently beginning its fourth year. The program began in 1979 as a pilot project funded by the Law Enforcement Assistance Administration and sponsored by the City of Richfield. When the LEAA was abolished by President Carter, Juvenile Justice and United Way monies provided third year support. While United Way funding continues, Juvenile Justice monies are.now no longer available. Funds from the private sector will be needed in order to maintain the program at its present level of services. • .�DiNA A�� t Ceti r�2 1�6,EnIDA- 90 A2v mEEr�N� GU�D. a- r 3_ �uM/✓��� C��sSFs y - l2EPo�r o N lei G N' po rr�y rs IN ANNt)/gC MINUTES OF THE EDINA ART CENTER BOARD MEETING HELD APRIL 21, 1982 BOARD PRESENT: Carol Bermel, Betty Cater, Phyl Haywa, Sandy Clark, Jim Van Valkenburg, Harriette Bach, Shirley Taylor STAFF PRESENT: Bob Kojetin, Pat Greer, Marion Ward, Jean Adams OTHERS: Maureen Brockway, Pottery Instructor Spring Class Reginstration Have 256 students now and this will probably go up to about 275 by the time the session is over. This is more students than any other spring session has had. Eden Prairie, Hopkins and Edina are combining their summer schools this summer.. Edina will be responsible for ages K. through 6 for three weeks in June. Any art classes offered to this age will be sponsored and taught by the Art Center at the Comm. Ed. Bldg. Summer school busses will be provided for these classes. One will be a print making class on Fri. when the Center is not open. Another class will be held on Thur. The Dayton Display Arrangements have been approved and will begin in May. Judy Lieber will give a 2 to 3 hour demonstration in the display area on May 8th. The area is on the 3rd. floor between the lamp department and the service center at Daytons S.Dale. Jim Van V. will look over the artist's contract with Daytons and give us any recom- mended changes. May .Show and Sale The student show opening will be on May 2nd from 12:00 to 5:00. This opening will include.a pottery sale put on by the pottery students and instructors to help raise money for a new kiln. There will be a tapestry demonstration by Mary Carson at 3:00. Committee Reports Sandy C. is having difficulty getting people to serve for the openings. She hopes to pick up some new names at the volunteers luncheon. Harriette B. announced we now have 99 books in the library, not including paper. Two new books are: James Madison Alden, his life and sketches, donated by Gordon McCrea, and Constructional Art which Harriette bought for 50$,'. She will buy an issue or two of Decor Magazine to see if it's something we may want to subscribe to. Jim Van V. reported the amount from the Foundation is close to $7000.00. He has the wish list and will go over it again with Pat and Marion for any additions. Shirley T. talked about the Bahneman memorial. She said it should be started soon. Phyl H. will make a map showing the location of memorials at the Center. Marion said the 50th St. Art Fair has asked the Center to do demonstrations at the Fair this year. We accepted their offer and will try to get instructors to volun- teer. We will not be charged the $50.00 space fee. Donna S. will not b.e renewing her position on The Metro Arts Board there will be a spot open in this district if anyone wants to try and fill it. Discussion was held about whether or not it would be benificial to take part in the "Mn. Jam ", which is an all day exhibit by many art related establishments in the state. It will be at the Civic Center in Aug. Subject was tabled untill next meeting. Pat reported that the Univ. Northrup Dance Co. wants our mailing list. She asked if we could set a policy soon as to whether and to whom we will sell or trade our list. She also said a request has been made to have a wedding here on Memorial Day week end. Jim Van V. suggested checking on liability for using the grounds. They would use the building only to dress in. The wedding will he on Taylor Knoll. Marueen Brockway reported on her findings on gas kilns so far. She has located a used one for sale. It is a 20 cubic ft. Alpine kiln. Alpine is one of the oldest companies in the business and has a good reputation. The kiln originally belonged to a school in St. Paul, has not been used for about 4 years, has not changed in design for many years, has good controlls and seems to have the features we would want. The cost is $2000.00 (now is $5730.00 new). She feels the size is good. She talked to the gas company and found materials and labor, not including hook up or testing, would be around $700.00. Shelves are bought separately and would be another $600.00. Bob K. would like her, to check on the amount of gas the old one would use compared to a new one and on the efficiency of the newer controls. He feels the long range cost will be in the gas it uses. The cost of building a block structure to house the kiln will also have to be figured. Maureen will continue her research with Bob's help. THE NEXT MEETING WILL BE MAY 19TH AT 3:00. 5-11) RESOLUTION SUPPORTING APPROVAL OF HENNEPIN COUNTY PROJECT 7929; C.S.A.H. 17 (FRANCE AVE. AT I -494 INTERCHANGE) WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and WHEREAS, the City Council encourages and participates with improvements to obtain adequate transportation facilities in the metropolitan area; and WHEREAS, the City Council is aware of the traffic safety and capacity pro- blems on France Avenue and I -494 Interchange; and WHEREAS, the City Council has reviewed the proposed improvements for said Interchange; and WHEREAS, the City Council has determined this project as being warranted and desirable for improvement through the Federal Aid Urban Program; and WHEREAS, the City Council is concerned with the provisions of an adequate design for future needs with today's limited construction dollars; NOW, THEREFORE, BE IT RESOLVED that..tt e .Edalna' sVpportSHennepin County Pro- ject No. 7927 as a major improvement to the transportation system which is in the best interests of the overall development of the City of Edina. ADOPTED this 17th day of May, 1982. 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 dated May 17, 1982, and as recorded in the Minutes of said Regular Meeting WITNESS my hand and seal of said City this 18th day of May, 1982. City Clerk I; i i sULj- 7 s�1%�z 1<21<T I TZ c-7 J _ r •� s� 74 � - (� k A Q ,I _ _e F I c SG.��. - � � � � - 'r �� cC �V /e✓i G� ems_ �, .t c% . �` �/ �� .�=-,� Tyr �G�4 � �. � e. "It _ - - A --*'/ tr- - _ � S Cl Z;n) �. �- - 7 r f (> 'V I r TO: Mayor and City Council FROM Francis Hoffman, City Engineer VIA: Kenneth Rosland, City Manager SUBJECT: France Avenue /I -494 Interchange Hearing Attached is a notice that is being sent to area property owners regarding the Hennepin County Public Hearing on-the reconstruction of the France Avenue /I -494 Interchange area. The Staff.of Minnesota Department of Transportation, Hennepin County, Edina, Richfield, and BZoomington have worked together over the past couple of years as a Task Force promoting funding for this project. The Task Force has evaluated several alternatives and has agreed on two for presentation at the Public Hearing. This proposed project is probably the most significant,change that could occur to provide a much higher capactiy on France Avenue. The project is a m w t if development continues on southeast Edina. Our department will make a short presentation to Council on.Monday evening and ask that a resolution be passed supporting the project. I would propose to attend the hearing and present the City support for this project if Council so desires. FJH: Zm 5/.14/82 'r 10- ' F T, HENNE %N [J H May 7, 1982 DEPARTMENT OF TRANSPORTATION r ` z r O '-" 320 Washington Av. South Hopkins, Minnesota 55343 3,­ Ei E 935-3381 Dear Property Owner: The Hennepin County Department of Transportation (HC /DOT) is proposing to upgrade CSAH 17 (France Avenue) over I -494 in Bloomington, Minnesota. The project extends from 76th Street South to 80th Street South and involves the bridge widening over I -494, the realignment of the interchange ramps and frontage roads, and traffic signal revisions with provisions for a signal interconnect on CSAH 17. HC /DOT has scheduled a public hearing to discuss the major design features and the social, economic, and environmental effects of the proposed improve- ments. The hearing will be held on Wednesday, May 19, 1982, at the Southdale Hennepin Area Library Community Room, 7001 York Avenue South, Edina, Minnesota. Handouts will be available, and plans showing the proposed improvements will be on display at the public hearing for your inspection. Representatives from HC /DOT will present the proposal and accept any oral or written comments at the hearing. Should you desire to communicate with someone regarding the project prior to the scheduled public hearing, please contact Vern Genzlinger, Hennepin County Project Manager, at 935 -3381. Sincerely, Herbert 0. Klossner, P.E. Director erne er, .E. Chief, Design Division VG/ DWS :1 ar HENNEPIN COUNTY an equal opportunity employer RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 10, Block 7, Braemar Hills 9th Addition; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: Parcel A - That part of Lot 10, Block 7, Braemar Hills 9th Addition, according Co the recorded plat thereof, Hennepin County, Minnesota, which lies North- erly and Northwesterly of the following described line: Commencing at the most Northerly corner of said Lot 10; thence South 65 degrees 42 minutes 14 seconds East, on an assumed bearing along the Northeasterly line of said Lot 10, a distance of 12.10 feet; thence Southeasterly along a tangential curve concave to the Southwest, radius 149.59 feet, central angle 24 degrees 47 minutes 42 seconds, a distance of 64.74 feet to the point of beginning of the line to be described; thence South 62 degrees 57 minutes 49 seconds West along a line not tangent to said curve a distance of 52.23 feet; thence South 18 degrees 24 minutes 49 seconds West a distance of 28.00 feet; thence South 58 degrees 00 minutes 00 West, a distance of 65.78 feet to a point on the Northwesterly line of said Lot 10, distant 137.41 feet Southwesterly of (as measured along said Northwesterly line) the most Northerly corner of said Lot 10, and there terminating. Parcel B - That part of Lot 10, Block 7, Braemar Hills 9th Addition, accord- ing to the recorded plat thereof, Hennepin County, Minnesota, except that part which lies Northerly and Northwesterly of the following described line: Commencing at the most Northerly corner of said Lot 10; thence South 65 degrees 42 minutes 14 seconds East, on an assumed bearing along the Northeasterly line of said Lot 10, a distance of 12.10 feet; thence Southeasterly along a tangential curve concave to the Southwest, radius 149.59 feet, central angle 24 degrees 47 minutes 42 seconds, a distance of 64.74 feet to the point of beginning of the line to be described; thence South 62 degrees 57 minutes 49 seconds West along a line not tangent to said curve a distance of 52.23 feet; thence South 18 degrees 24 minutes 49 seconds West a distance of 28.00 feet; thence South 58 degrees 00 minutes, 00 West, a distance bf 65.78 feet to a point on the Northwesterly line of said Lot 10, distant 137.41 feet Southwesterly of (as measured along said Northwesterly line)the most Northerly corner of said Lot 10, and there terminating; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been deterined that compliance with the Subdivision and Zoning Regula- tions of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordi- nance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Par- cels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 801 and 811 are hereby waived to allow said divi- sion and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811 and subject to the limitations set out in Ordinance No. 811 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances.' ADOPTED this 17th day of May, 1982. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) a. 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 recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 18th day of May, 1982. City Clerk 7 iRRY S. JOHNSOV COMPANIES, INC. 401 WEST 78TH STREET BLOOMINGTON. MINNESOTA 53420 PHONE 16121 864 -5341 ' . CERTIFICATE OF SURVEY FoR PRIME PROPERTIES I hereby certify that this is a true and correct representation of a., survey of the boundaries of: -- PARCEL A That part of Lot -10, Block 7, BRAEMAR HILLS 9TH.ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies Northerly and Northwesterly of the following described line: Commencing at the most northerly corner of said Lot 10;- .thence South 20 degrees'43 minutes 12 seconds West,.:on an - assumed bearing along 'the northwesterly line of said Lot 10, a distance of 95.66 feet to the point of beginning of the line to be described; thence South 47 degrees 18 minutes 34 seconds East, a distance of 28.52 feet; thence North 55 degrees 41 minutes 26 seconds East, a distance of 23.50 feet; thence North 18 degrees 24 minutes 49 seconds East a distance of -30,00 feet; thence North 62 degrees 57 minutes 49 seconds East, a'distance of 52.23 feet to a point on the north-: - easterly line of said-Lot 10,.distant 76.84 feet.southeasterly of (as measured along said northeasterly line) the nost northerly corner of said Lot 10, and there terminating. PARCEL B That part of Lot 10,.Block 7,-BRAEMAR HILLS 9TH ADDITION, according to the recorded,plat thereof, Hennepin County, Minnesota, which lies Southerly and Southeasterly of the following described line: Commencing at the most northerly corner of said -Lot 10, thence South 20 degrees 43 minutes 12 seconds West, on an! assumed bearing along the northwesterly line of said Lot 10, a. distance of 95.66 feet to the point of beginning of the.line to be described; thence South 47 degrees 18 minutes 34 seconds East, a distance of 28.52 feet; thence North:55 degrees 41 minutes 26 seconds East,, a distance of 23.50.feet; thence North to degrees 24 minutes.49.seconds East, a distance of 3040 feet;-thence North 62.degrees 57 minutes.49 seconds East, a distance of :52.23 feet _ to -a point on the north - easterly line of said Lot 10,.distant.76.84 feet southeasterly of (as measured along said northeasterly line).the:most northerly, corner of said Lot 10,-and -there terminating. It also shows the location of an existing duplex thereon. As surveyed by me or under my direct supervision this 16th day of September, 1981. Revised: 4 -8 -82 V; (Johnson, Land Surveyo ..Minnesota Reg. No. 5065 .. �. � '. SN�7 • . � . � b� 2 S���TS N0.212.8/ 6K. 35 -14 f HARRY S. JOHNSON COMPANIES, INC.. 001 WEST 78TH STREET BLOOMINGTON. MINNESOTA 38420 PHONE 16121 884.3341 CERTIFICATE OF SURVEY MeeOl. A= 41#766 5q,Fr, FOR t°171 r� Pff"T i OFs ar b�iNCag SFbvs/N .aRE PkQZVV P5, = (1/276 54'F A-,oUiMiaC) nrtro;�{ I� �' C7ISTMJG�S SL�oWLJ �IRF b0 kA' 1 K J >4Z6So %% / \ \ cv 0 o� O al?" i o , ',i 1p cv in D `` SN.� A � °3 f , � ro 1ACU221 `lo p �'' No` HrATER f FIL rep, C� - ? buPl, X s / AREA POOL_ ' 1 Pane I 30 pSVISEC : 4- F . 8z. ' I- i 2 of 2 S TS RFG0T.TTTT0N WHEREAS, the following described property is at present a single tract of land: Lot 10, Block 7, Braemar Hills 9th Addition; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: That part of Lot 10, Block 7, Braemar Hills 9th Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies Northerly and Northwesterly of the following described line: Commencing at the most Northerly corner of said Lot 10; thence South 20 degrees 43 minutes 12 seconds,West, on an assumed bearing along the Northwesterly line of said Lot 10, a distance of 93.46 feet to the point of beginning of the line to be described; thence South 71 degrees 35 minutes 11 seconds East, a distance of 36.51 feet; thence North 55 degrees 41 minutes 26 seconds East, a distance of 6.00 feet; thence North 18 degrees 24 minutes 49 seconds East a distance of 30.00 feet; thence North 62 degrees 57 minutes 49 seconds East, a distance of 52.23 feet to a point on the North- easterly line of said Lot 10, distant 76.84 feet Southeasterly of (as measured along said Northeasterly line) the most Northerly corner of said Lot 10, and there terminating; and That part of Lot 10, Block 7, Braemar Hills 9th Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies Southerly and Southeasterly of the following described line: Commencing at the most Northerly corner of said Lot 10; thence South 20 degrees 43 minutes 12 seconds West, on an assumed bearing along the Northwesterly line of said Lot 10, a distance of 93.46 feet to the point of beginning of the line to be described; thence South 71 degrees 35 minutes 11 seconds East, a distance of 36.51 feet; thence North 55 degrees 41 minutes 26 seconds East a distance of 6.00 feet; thence North 18 degrees 24 minutes 49 seconds East, a distance of 30.00 feet; thence North 62 degrees 57 minutes 49 seconds East, a distance of 52.23 feet to a point on the Northeasterly line of said Lot 10, distant 76.84 feet Southeasterly of (as measured along said Northeasterly line) the most Northerly corner of said Lot 10 and there terminating; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regu- lations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City -of Edina Ordi- nance Nos. 801 and 811;