Loading...
HomeMy WebLinkAbout1978-03-06_COUNCIL MEETING(Revised) AGENDA EDINA CITY COUNCIL REGULAR MEETING MARCH 6, 1978 7:00 P.M. ROLLCALL PRESENTATION OF COMMENDATION AWARDS - POLICE RESERVE OFFICERS I. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Reading of Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should be waived. "Lot Divi- sions, Plats, Flood Plain Permits,. Appeals from Administrative or Board of Appeals and Adjustments Decisions and Plan Amendments require action by Reso- lution. 3/5 favorable rollcall vote to pass. A. Madsen. Property - Generally located North of Dewey Hill Road and William Wardwell Lewis Park and West of Cahill Road 1. First Reading - R -1 Single Family District to Planned. Residential Dis- trict PRD -3 - Z -78 -1 (1/4/78) B. Roger Findell Property — Generally located West of Cahill Road and North and South of Amundson Ave. extended 1. Ordinance No.' 811 -A96 - Second Reading - R -1 and R -3 Residential Dis trict to PRD -3 Residential District Z -77 -8 (PC- 2/1/78 - CC- 4/18/77) C. Braemar Hills 9th Addition - Generally located East of Gleason Road and North of W. 78th Street (CC- 11 /21 /77)(Continued from 2/2.7/78) 1. Final Plat Approval - S -77 -25 2. Second Reading of Ordinance 811 -A108 PRD -2 to R -1 and R -2 Residential Districts - Z -77 -18 D. Set Hearing Dates 1. Normandale -Carr Replat - Preliminary Plat Approval - Located North of W. 66th St. East of Sherwood Ave. and West of West Shore Drive S -78 -4 (PC- 3/1/78) 2. Frank Cardarelle Zoning Change from R -1 Single Family. District to R -2 Multiple Residential District - Located South of Venon Ave., North of Crosstown Highway and WEst of Lincoln Drive - Z -78 -2 (PC- 3/1/78) 3. Brian - Gensmer - Zoning Change from R -1. Single Family District to R -2 Multiple Residential District - Located at 6.813 Indian Hills Road - Z -78 -3 (PC3/1/78) E. Ordinance No. 811 -A113 - Temporary Sales in Planned Industrial District 1. Second Keading II. SPECIAL CONCERNS OF RESIDENTS March 6, 1978, Agenda Page Two III. RECOMMENDATIONS AND REPORTS A. Northern States Power Street Lighting Contract B. Survey of Historic Edina Architecture - 1978 Community Development Project C. Planning Commission Transmittal of Proposed Plan Amendments (No Council Action Required) D. Special Concerns of Mayor and Council E. Post Agenda and Manager's Miscellaneous Items IV. AWARD OF BIDS Tabulations and Recommendations by City. Manager. Action of Council by Motion. A. Public Improvements BA -224 and P -10 B. Water Tower Cleaning, Scaling and Inspection (Continued from 2/27/78) C. Purchase of Sewer Standby Emergency Pump D. Fertilizer for Golf Course V. COMMUNICATIONS A. Mr. R. G. Luck - Curb and Gutter on Concord Ave. between W. 58th and W. 60th Streets VI. FINANCE A. Claims paid. Motion of seconded by for pay- ment of the following claims as per Pre -List: General Fund, $22,716.40; Park, $10,557.29; Art Center, $446.65; Golf Course, $88.06; Recreation Center, $5,448.12; Water, $303.83; Sewer, $93,779.14; Liquor, $489.84? Construction, $84.61; Total, $133,913.94; and for confirmation of payment of the following claims: General Fund, $102,215.58; Park Sinking, $54,005.00;. Arena, $2,470.00; Liquor, $53,252.88; IBR, $60,307.45; Total, $272,250.91. RESOLUTION OF RECOMMENDATION WHEREAS, C. Wayne Courtney has dedicated his life to the betterment of others through his public service as a long time member of the Councils.of the City of Edina and the Village of Morningside, through his vocation as a teacher, an educational administrator and coach, and through his avocation working with:_--. boys in Cub and Boy Scouts and for many years as a mainstay of the Edina Little League; and WHEREAS, C. Wayne Courtney, in his public life, has held office and served as a member of the Hennepin County League of Metropolitan Municipalities, the Sub- urban League of Metropolitan.Municipalities, the Association of Metropolitan Municipalities, the Hennepin County Criminal Justice Council, the Southwest Suburban CATV Commission and the Metropolitan Waste Control Commission; and WHEREAS, the Edina City Council believes that C. Wayne Courtney, because of his wide range of activities,_is,a -.man who is particularly aware of the multitude of problems which face the metropolitan area; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby endorse C. Wayne Courtney for appointment to the Metropolitan Council and does'urge the Governor and the Legislature of the State of Minnesota to make this appointment. ADOPTED this 6th day of March, 1978. 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 and as recorded in the minutes of said Regular Meeting. WITNESS my hand and seal of said City this 7th day of March, 1978. City Clerk REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Richard Jacobson, Assistant Director of Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT:_ REQUEST FOR PURCHASE OF. ITEM IN. EXCESS OF $1,000 DATE: March 2, 1975 Material Description (General Specifications): Fertilizer for fairways and greens at Braemar Golf Course Quotations /Bids: Company Amount of Quote or Bid 1. Turf Supply $3,264.00 2. Albrecht Landscape $3,451.00 3. Department Recommendation: Award Bid to Turf Supply for $3,264..00 Si ture Department Finance Director's Endorsement: The recommended bid is is not .within the amount budgete fior the.pur.chase. J. N. Dalen Finance Director -City /tanager'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 VIA: Kenneth Rosland, City Manager `.SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: March.2., 1978 Material. Description (General Specifications): Sewer System - Emergency Pump Quotations /Bids: Company Amount of Quote or Bid 1' Flygt Pump 400.` hose $31244-:QQ .2. Prosser Pump 400 hose --$3,532.QQ 3. Department Recommendation: Flygt Pump and 400'- of hose. Signature Department Finance Director's Endorsement: The recommended bid is is not= within the amount budgeted 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 FOR YOUR INFORMATION! RESIDENT CALL REPORT FOR CITY OF EDINA - 1;77 2 -1 -1;78 During 1977, the City Forester and staff .answered 1,676 resident calls concerning forestry. The calls were broken down per month, as follows: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT iIOV DEC TOTAL 14 11 33 55 249 570 331 251. 98 3 6 0 1676 The calls were also broken down, as follows:- ELM OAK REMOVAL TRIMMING INSECT! DISEASE i MISC. TOTAL 1162 154 142 23 74 27 94 1676 COMMENTS 014 CATAGORIES: #1 ELM Edina-had °33 cases of Dutch Elm Disease on private properties and 388 cases on public lands. All these calls were included in the Elm catagory, along with the other Elm calls. In some cases the trees were 01: and not diseased. The great majority of our resident calls fell in the Elm catagory because of Dutch Elm Disease. Predictions.for the number of calls in 1?75 would be difficult, as this depends on the number of cases of Dutch Elm Disease next year. Much of our future depends on .how good a job our neighboring communities do with their sanitation programs. At this time, I feel we are doing a good job and our tree crews are able to handle all the public losses. The private cases of Dutch Elm Disease were subsidized for re- moval by the City and the State. Because of this, we had good cooperation with the public for rapid removal and disposal of diseased trees. /Adequate tree firms for this job may be a problem in 17J, as it at tines was a aroLlen in 171. It's likely that more firms will come into existence. C � page two .2 -1 -1973 1'2 - OAKS The City of Edina had 178 cases of Oak Wilt disease on private proper -ties and 42 cases of Oak Wilt Disease on public properties in 1 9177. The majority of these cases were in the Red Oak family of Oaks. Gecause our Oak population is split up between Cur Oaks, White Oaks, and Red Oaks, I don't foresee any large increase in this disease. Bur and White Oaks are more resistant to .Oak Ililt Disease. Even though the City has .a fairly'large. population of Oak trees, with fast detection and proper controls this disease can be controlled within reason. -3 REMOVALS The removal calls dea It with wood -pile checks, dead transplants, any request to remove trees and public removal. A good example would be a resident asking -to remove a boulevard tree because of root problems. I also put in this catagory the calls requesting free pick -up of Elmwood for disposal. This totaled about 110 calls, mostly in June and July. Next year we will keep track of the number of calls concerning free pick -up of Elmwood in a separate catagory. The stump removal and associated problems were also included in this catagory. The number of calls in this catagory will fluctuate somewhat depending on the climatic conditions and the amount of tree diseases -found in the City.: TRIMMING We don't get many calls in this catagory and this year was about normal. In- formation on how to trim, bolt and cable, and shape trees was given on these calls. In addition, any complaints on the public trimming would be answered here. #5 INSECTS The largest problem with insects in 1977, was the spring cankerworm, also called the inchworm. This insect denuded most of our boulevard trees last spring, especially the Elms. The trees are not greatly damaged but the insect truly is a nuisance. A spray program for canker►,orr.is is many times difficult because of Page three 2 -1 -1976 ►5 (Continued)' the weather, but may be considered for next spring. To a lessor degree, leaf miners, galls, scale, and aphids were a problem and information- regarding these Insects was given while answering the calls. Most of these insects don't harm the trees to the point of killing them, so therefore are minor problems. #6 - DISEASE All tree diseases ohter than Dutch Elm Disease and Oak hilt Disease were answered in this catagory. Some of these diseases included: Flowering Ash Gall, of Ash trees; Fire Blight, of Mountain Ash and Fruit trees; Cytospera Cankor, of Spruce; Verticillium Wilt, of Maples; lletwood Bacteria and various other type fungi that caused tree problems. Some of these diseases are killers and some are not. These calls usually are dependent on the weather and are most times isolated cases. Mostly these diseases are a problem on a tree -to -tree basis, but not for a whole population. Regardless, these diseases do need controlling. 47 - MISCELLANEOUS This catagory.is a catch -all for calls not answered anywhere else. They range from people just wanting to :talk to a forester, to checking corners for restriction of site. This year, many of these calls dealt with information about the treat- ment:of Elms for prevention of Dutch Elm Disease and pros and cons of injection treatments were explained.. The use of Lignasan and Arbotect chemicals for control of Dutch Elm Disease doesn't have enough research done in this state for a clear cut answer as to if it is effective or not.. The Country Club area, which enjoys a.large Elm population and density, undertook an injection treatment program, at the residents' expense. Although no records indicating the number of treatments done exists, it is my opinion that the program was a qualified success. Hopefully more information will be available from the University of hinnvsota and the.HinnesoLa State Agriculture Departnunt for next sum.,iers' program. In addition, :.ccause We Page four 2 -1 -1;73 7 (Continued) don't get too many calls dealing with evergreens, these calls were put in this catagory. C0 P ;FS El' 0i T S --- 4'e 1-i�nd 1,676 resident calls in 1-'377, which was an increase of approximately 900 calls over 1976. 1 expect the calls in t 1978 will number about 2,000. -- Most of the foresters time was spent answering these calls, although other City business is also done by the foresters. think that the residents "call- forester" answer system works very well as most calls are answered writhin a day or two. Eecause we have a most efficient administrator, Mr. Ralph Campbell, III, the system moves smoothly from start to finish (note route of residential calls). This program takes much of his time and he is a vital link necessary for the foresters to get the job done. -- State reports and record keeping has been improved in 1.977 and should be even more improved in 1978. Respectfully submitted, 7� - .774 u Robert ti. McGuire City Forester Field Route of Residential Call Calls Concerning Trees Resident Call Call Filed Forester Answers Coll DISEASED TREE 0 • Tree Send Master Copy , Sampled Ist Letter of Names - Tree 20 -day Removal Not Removed Check Completed Master Copy Send Removed , of Names 2nd Letter No Subsidy Not Removed r•� Call Filed Resident Subsidy Form City Pick. up Removed from Bouievc7 and Disposed of Wood Tree Assessed f Council Action City Disposal Take Bids Call F11ed Mail Chbcks Call Filed Let Bids Coll Fited Check Removal • Assessment Form to Assessing Dept. •- Call Filled----Pay--,Controct H, i lUu!. CAHILL ELEt4 YV �4a:1t�i iAaa ■ FINAL PLAN APPROVAL Roger Findell REQUEST NUMBER: I Z -77 -8 LOCATION: W. of Cahill, north and south of Amundson Ave. Extended REQUEST: -Final Plan Apprnva1 vi lb Odin® STAFF REPORT February 1, 1978 Z -77 -8 Roger.Findell. R-1-and R -3 to PRD -3. Final plan approval. Refer to: Attached overall development plans; Findell's 2nd Addition. Several months ago, the Planning Commission and City Council granted preliminary zoning approval to PRD -3 for the subject property. At that time, a 40 unit apartment building located on the southerly portion of the site and 38 town- house units located on the northerly portion of the site were approved. The proponent has now returned with final development plans which are in accordance with the preliminary approval., It should be noted that the subject property has already received final subdivision approval. Recommendation: The plans as submitted comply with ordinance requirements for final plan approval with the exception of floor plans for the townhouse units. The proponent has agreed to submit such plans prior to. the Planning Commission meeting. It should be noted that the northerly portion of the subject property has been identified as an outlot in the approved plat entitled Findell's 2nd Addition. This area was identified as an outlot in that it was thoug1t that this area could be developed in conjunction with lands to the east. Therefore, staff recommends final development plan approval only for that portion of the development located on Lot 1, Block 1, and Lot 1, Block 2 of Findell's 2nd Addition. Final zoning approval for that portion of the development located on Outlot A should be continued until this outlot is platted. The compatibility of this portion of development with lands to the east- should be considered at that time. Staff recommends final plan approval for Lot 1, Block 1 and Lot 1, Block 2, provided that the following modifications to the final. plans are made: 1) a storm sewer plan must be included. 2) the amount of landscaping must be increased, particularly in the vicinity of the parking lots. Also, disturbed areas must be revegetated with ground cover. 3) the-parking areas in the townhouse portion of the site must be realigned. 4) lastly, an executed developer's agreement will be required prior to.final approval by the Council GL11: ks 1/27/78 RDARELLE 81 ASSOCIATES, INC. ND SURVEYORS 6 U DTH * denotes iron monument set 80060191, shown an assumsd basis 10 Or J. -Z . cn n A. A/ I,. r 14 evc jV_ Vr. It it DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: OF!.%G 5 FEET IN WIDTH AND ADJOINING LOT LINES (UTLOT A A I FIF OT11 A-40 ADJOINING STREET LINES ly. ' S ' I x A S UNLESS OTHERWISE INDICATED � t":' • OUTLOT B R.D. DOC. N(,.,— 7A L-- 54 7. 00 2 cr to=--- - - - -AV - E E N N U U E E . . . . . .............. A, R A A R -Am JP dr ................. .24-.rA-G 50 —4 ve 1h. 71. to 01 op ...p LLG ••0 .1 S%WAL4 ApAlkr"VLNT UW.r"a CAMS III 7 T j Lu IV Al 1. 1 .3 EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION MINUTES WEDNESDAY, FEBRUARY 1, 1978 at 7:30 P.M. EDINA CITY HALL COUNCIL CHAMBERS Members Present: W. W. Lewis, Chairman, David Runyan, Mary McDonald, James Bentley, Leonard Fernelius, Richard Seaberg Gordon Johnson, Del Johnson Member Excused Sam Hughes Staff Present: Gordon Hughes, Director of Planning, Harold Sand, Assistant Planner -, Karen Sorensen, Secretary I. Approval of January 4, 1978 Commission Minutes Mr. Runyan moved for approval of the January 4, 1978 Planning Commission Minutes as submitted. Mrs. McDonald seconded the motion. All Voted Aye. Motion Carried. II. Election of Chairman and' Vice Chairma Mr. Gordon Johnson moved to nominate.Mr. Lewis as Chairman for the ensuing year. Mr. Seaberg seconded the motion. Mr. Runyan moved to nominate Mary McDonald as Vice Chairman for the ensuing year. Mr. Seaberg seconded the motion. All Voted Aye. Motion Carried. III. OLD BUSINESS Z -77 -8 Roger Findell. R -1 and R -3 to PRD -3. Generally located west of Cahill, north and south of Amundson Avenue extended. Final plan approval. Mr. Hughes reported that the subject property is located west of Cahill and north and south of Amundson Avenue. Some time ago, the property did receive final plat approval on two lots and two outlots. Outlot B was dedicated to the City. The proposal did receive preliminary zoning approval to PRD -3 for 78 units; 40 of which would be located in an apartment building south of Amundson Avenue and the remaining 38 units are to be townhouse units located on Lot 1, Block 1 and on Outlot A. The proponent has now returned with final overall development plans. It is in accordance with the preliminary approval granted several months ago. The staff report recommends final approval only for that portion on Lot 1, Block 1, Lot 1, Block 2, Findell's 2nd Addition and exclude Outlot A because development of it will depend on development to the east. Mr. Hughes reported that the City Attorney, however, advised granting final approval of the entire parcel as the outlot would have to be platted into a lot and block at a later date. When such a platting is requested, we would take into account the compatibility of that parcel with the parcels lying to the east and the adequacy of access to that parcel. We would recommend final overall development plan approval with the following modifications to the final plan: 1. a storm sewer plan must be included 2. the amount of landscaping must be increased, particularly in the vicinity of the parking lots. Also disturbed areas must be revegetated with ground cover. Planning Commission.Minutes 'Page 2 February 4, 1978 Z -77 -8 Roger Findell (Con't.) 3. the parking areas in the townhouse portion of the site must.be realigned. 4. Lastly, an executed developer's agreement will be required prior to final approval by the Council. Mr. Gordon Johnson stated that this plan is part of the Amundson Avenue problem and where do we stand on that? Mr. Hughes reported that on January 4, 1978, the Lanvesco proposal had been considered and the Planning Commission referred it to the Council, which set a hearing date of March 6 to consider the Lanvesco proposal and Amundson Avenue. We would expect that Amundson will play a big part-in this development. Mr. Cooperman, architect for the project, stated that the plan would not be changed much if the road were to go in or not. In response to a question from Mr. Runyan, Mr. Findell stated that he hoped to begin construction of the apartment building in the Spring. Mr. Hughes also reported that there is a density reduction involved with this project. Preliminary rezoning was.approved several months ago after the density reduction plan was adopted by the Council. According to the density reduction plan, 56 units were allowable on this site, However, 78 units were requested and 78 were approved by the Commission and Council. After some additional discussion, Mr. Runyan moved that the Commission approve the final plan subject to the staff recommendations. Mr. Seaberg seconded the motion. All Voted Aye. Motion Carried. Z -77 -9 Colonial Church of Edina. Generally located south of Olinger Blvd. and west of Tracy Avenue. Plan Amendment. Mr. Hughes reported that the Planning Commission and City Council, several months ago, granted a final zoning approval to PRD -1 to facilitate the construction of the Colonial Church on Olinger Blvd. The Church is now under construction. The Colonial Church is now requesting an amendment to their final development plan to allow the construction of a berm on the southeasterly portion of the site. The berm would serve the dual purpose of providing screening from the Crosstown Highway as well as a disposal site for excess fill located on the property. The staff recommends approval of the plan change subject to the following conditions: 1. Adequate temporary erosion control measures must be implemented including the construction of a hay bale dike to prevent sediments from entering the pond on the site. 2. The'berm must be adequately vegetated with ground cover in the same manner as the berm located on the north end of the site. boyhood should be aware that, it not bull[ on, [nis Lug w uiu --�• -. to R -2. Mrs. Mary Blumer advised that they were planning on building a single. family residence and on contacting neighbors, they had voiced approval. No • objections being heard, Councilman Shaw offered Ordinance No. 811 -A95 for -� First Reading as follows: ORDINANCE NO. 811 -A95 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY RFMOVING FROM THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is hereby amended by adding the following thereto: "The extent of the Multiple Residence District is reduced by removing the following property:. Lot 2, Block 5, McCauley Heights 3rd Addition, which is in Sub - District R -1 ". Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. ' fg ORDINANCE NO. 811 -A96 GRANTED FIRST READING. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Luce re- called that several months ago, the Planning Commission and the Council had ct: approved subdivision of this site and that park land had been dedicated. The developer now is proposing rezoning from R -1 and R -3 to PRD -3 and requesting approval for 40 apartment units on the south side (south of proposed Amundson Road) and 38 townhouses on the north side. The site is characterized by moderate to steep slopes with large oak and elm trees. The townhouses proposed have been oriented to cause minimum disturbance to the steep slopes. The trees will be retained following construction with the exception of those removed' for placement of buildings and roadways. Mr. Luce reported that the staff, the Planning Com- mission and the Environment Quality Commission recommended approval of'the proposed rezoning with the following conditions: 1) That an easement is submitted to the City for travel across that private. easement portion of the access to the northern townhouse site. 2)' That adequate final development plans be submitted. 3) That hay bale dikes be used for erosion and sedimentation control. In response to Councilman Richards's question regarding density, Mr. Luce ex- plained that the Southwest Edina Plan allowed 12 units per acre, which was subsequently modified to 7 units per acre, but because of the topography the developer was requesting a little over 8 units per acre and the staff recommends approval as the site was well planned with critical surfaces preserved. There being no one to be heard, Councilwoman Schmidt moved to offer Ordinance No. 811 -A96 for First Reading as follows, subject to the conditions outlined by the staff report: ORDINANCE NO..811 -A96 AN ORDINANCE A *fE.N'DING THE ZONING .ORD.INANC -E `(NO.: $11) BY AbDING TO THE PLANNED RESIDEi:TIAL' DISTRICT (PRD -3) THE CITY COUNCIL OF THE CITY OF EDIN. ?, :iI \'ivESOTA, ORDAINS: Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is hereby amended by adding the following thereto: "The extent of the Planned Residential District (Sub- District PRD -3) is enlarged by the addition of the following properties: Lot 1, Block 1, Lot 1, Block 2, and Outlot A, Findell 2nd Addition, (which are in Sub - District PRD -3) ". Sec. 2. This ordinance shall be in full force and effect upon its passage jand publication. Motion was seconded by Councilman Shaw. Ayes: Schmidt, Shaw, Van Valkenburg ' Nays: Richards Motion carried. MUIR WOODS THIRD ADDITION C,RANTED PRELT" TNARY PLAT APPROVAL. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered place on file. Mr. Luce presented Muir oods Third addition for preliminary plat a W pproval, noting that this plat is generally located cast of Comanche Court along Valley ... ... _ . ....t mot. _ . J . .... r.. 4 ..n -#- -- + n l n.+no nnA 4 C }.nn\ /i 1 V won(lrrl . Ile. advised �� 1� MAP -T,,q zoning REQUEST NUMBER: Z -78 -1 N. of Dewey Hill Rd. & W. W. LOCATION: Lewis Park, & W. of Cahill Rd. REQUEST: R -1 to PRD -3 and a 120 - NORTH unit apartment proposal. O 250 500 750 1000 yjllr!!#- pI^nnins dev!�rtrntrl village of r4lins PLANNING C0MMISSION STAFF REPQRT January 4, 1978 Z-78 -1 Madsen Property (Cahill Road Condominiums) R -1 Single Family Residence to PRD-3 Planned Residential District Refer to: Attached graphics and Council minutes The subject property is an 11.7° acre parcel located north of William Wardwell Lewis Park and south of Braemar Oaks Apartments. The proponents are requesting a rezoning to PRD-3 to facilitate the construc- tion of two 60-unit condominium buildings. Each building is proposed to be three stories in height. The subject property presently does not have frontage on any public street. However, according to the Southwest Edina Plan (see attached graphic), Amundson Avenue is proposed to traverse the western portion of the property. The City has retained right -of -way across the property for this roadway. Pending the construction of Amundson Avenue (which may or may not occur), access to the subject property is provided to Cahill Road by way of a 60 -foot wide temporary roadway easement. The Southwest Edina Plan also indicates that the section of the subject property lying west of Amundson Avenue should be dedicated for park purposes. This dedication would complete a "buffer strip" extending from Cahill School to Dewey Hill Road. Approximately two years ago, the City Council adopted a density reduction formula for multi- family dwellings in the "plan" areas of the city. According to the Southwest Edina Plan, the subject property is allowed a maximum of 12 units per acre. However, using the density reduction for- mula, staff has preliminarily determined that the subject property is allowed slightly over 6 units per acre, or about 60 units total. Recommendation: Staff recommends denial of the preliminary development plans in that: 1. The proposal does not conform to the Southwest Edina Plan in regard to Amundson Avenue and parklands lying west of Amundson Avenue. 2. The proposal does not conform to the report of the Open Space Commit - tee. 3. The proposal does not conform to the density reduction plan dated August 4, 1977. 4. The proposal indicates development on roadway easements for Amundson Avenue presently held by the City of Edina. GL11: nr 12 -29 -77 W _V?" '" . E� i 3 3 S - q x c -� -- -- PC (!IL(z rT + f / / � �./ � /:'•••r� ." �'� lye � �• \'i� .. It p E T � 0 Ki L7 moo. '•-•C � -�,: : ;tiff!/ _ � �`' ' �� �� `f` a. ..ti�; P.ZU "I � � Vii✓ �,j M - Z -78 -1 Madsen Property. R -1 Single Family District to Planned '� I cl Residential District PRD -3. Generally located north of Dewey b Hill Road and north of W..W. Lewis Park, and west of Cahill Rd. Mr. G. Hughes reported that the proponents are requesting PRD -3 zoning on a landlocked parcel of land 11.78 acres.in size located north of Lewis Park and south of Braemar Oaks Apartments to facilitate the construction of two 60 unit condominium buildings each three stories in height. The subject property does not have frontage on any public street. According to the Southwest Edina Plan, Amundson Avenue is proposed to traverse the western portion of the property. The City has retained right -of -way across the property for this roadway. Access to the subject property is provided to Cahill Road by way of a 60 foot wide temporary roadway easement. The Southwest.Edina Plan also indicates that the section of the subject property lying west of Amundson Avenue should be dedicated for park purposes. It would complete a buffer strip extending from Cahill School to Dewey Hill Road. Mr. Hughes reported that according to the density reduction plan adopted by the Council on August 4, 1975, the subject property is allowed about 60 units total. Commission Minutes Page 3 January 4, 1978 Staff recommended denial of the request because: 1) The proposal does not conform to the Southwest Edina Plan in regard to Amundson Avenue and parklands.lying west of Amundson Avenue. 2) The proposal does not conform to the report of the Open Space Committee. 3) The proposal does not conform to the density reduction plan dated August 4, 1977. 4) The proposal indicates development on roadway easements for Amundson Avenue presently held by.the City of Edina. Mr. Hughes noted that if the devlopment were approved, it would preclude Amundson Avenue from going through. . Mr. Stan Taube, Lanvesco Corp., Ron Erickson, architect for the project and Bill Schatzein appeared before the Commission. Mr. Taube stated that he was aware of the problems with Amundson Avenue and he felt that the area could be developed better without the extension of Amundson Road. He noted that this development will appeal to the mature couple whose family has gone. Mr. Ron Erickson, architect for the project, explained how the buildings would be built on the property and stated that the exterior of the building would be multi faceted. He also noted that Cahill Road would be the major entrance into the project. The parking will be broken into several segments so that there will not be a big expanse of pavement. There will be underground parking in each of the buildings. He also noted that there will be no variances needed for the construction of this project. Mr. Runyan wondered how the Commission could approve a plan that is proposed where a road is anticipated. It seems that this is something that should be determined and worked out with the Engineering Department. Mr. Johnson noted that the proposal will cut the parkland area in two. Chairman Lewis stated that he felt that the Commission could not make a determination on the proposal until a decision is made regarding Amundson'Road. After considerable discussion, Mr. Kremer suggested that the Commission table the proposal and set a hearing date to review the Southwest Edina Plan with respect to Amundson Avenue going through or not and the Council should hold that hearing. When that matter is settled, then we can take the matter up again. He also noted that the density questions should not be relaxed.. Mr. Clarence Lahecka, 5812 Dewey Hill Road stated that the points made by the staff should be considered and the matter returned to the City Council for action on Amundson Avenue. Mr. Hughes read the Council Minutes of September 12, 1977, regarding Amundson Avenue, which read in part that the Southwest Edina Plan should not be amended and should retain the proposed roadway system, but that this system may or may not be built depending on future circumstances. Commission Minutes Page 4 January 4, 1978 Mr. Larry Youngblood, 7205 Lanham Lane, stated that most of the residents of the area became aware of the project in the last week. He stated that he is in agreement with sending the matter to the Council to have the Amundson Avenue matter settled. Mr. Jim Caldwell, representing Mr. Madsen stated that Mr. Madsen gave approximately 10 acres of his property for the Lewis Park and asked the City to provide him with a temporary easement for roadway so that he would be'able to get into his property. The City has asked Mr. Madsen to donate additional property on the west side of proposed Amundson Avenue for park purposes. He stated that he has advised Mr. Madsen against this unless the City is willing to give some compensation for the property. Mr..Madsen is desirous of divesting himself of his properties, but wishes to do it in the most economical manner. After additional discussion, Mr. Kremer moved that the Commission forward this matter to the Council with the comment that we feel that they should make a decision in fairness to the land owner on Amundson Avenue and we cannot make a decision on the zoning until the decision on Amundson Avenue is made. Mr.. Johnson seconded the motion. All Voted Aye. Motion Carried. %k V 250 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL 11ELD AT CITY HALL SEPTEMBER 12, 1977 Answering rollcall were members Richards, Schmidt, Shaw and Courtney who served as Mayor,Pro Tem in the absence of Mayor Van Valkenburg. MINUTES of August 15, 1977, were approved as submitted by motion of Councilman Shaw, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. EDINA WOMEN'S SOFTBALL TEAM CONGRATULATED. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS WHEREAS, during the 1977 Edina Adult Slo -Pitch Softball Season, sixteen young ladies of an Edina Women's Softball Team, sponsored by Country Club Markets, under the able direction of Coach Larry Kallin, have continued to exemplify the.highest goals of good sportsmanship and outstanding proficiency; and WHEREAS, the team efforts have been rewarded by winning the Edina Women's play- offs championship and by.being.the first Edina Women's Softball Team to vin the AA Women's Recreational State Tournament; and WHEREAS, during this past softball season, these young ladies have represented Edina in the highest manner; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that the outstanding accomplishments of the Country Club Markets Softball Team deserve the sincere gratitude of the citizenry of Edina for the exemplary manner in which the team has conducted.itself and for the great credit the team has brought to the commun- ity; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to Jennifer Aanestad, Marcy Amble, Patty Bergren, Gail Berkley, Sue Berstein, Jackie Burger, Leigh Ann Clemmer, Kitty Cress, Kris Duryea, Sue Griebenow, Sue Huff, Christi Hulse, Finny Johnston, Karen Oelschlaeger, Susan Pudvan, Cassie Spokes.. and to Coach Larry Kallin. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and unanimously carried. 1978 CITY BUDGET PRESENTED. Mr. Hyde presented the 1978 Budget, reflecting a mil rate increase from 8.4 to 10:0. He advised that this mil rate is low in compari- son with other municipalities and listed the causes for the increase as a continued growth in population, additional miles of streets and sidewalks to be maintained, new public facilities requiring servicing and ever increasing costs for services and supplies. Councilman Richards' motion setting a special budget meeting for September 15, 1977, at 8:00 p.m. in the City Hall Conference Room was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. IMPROVEMENTS NOS P -C -124, P -BA -226, P -BA -227 ABANDONED; LAID ACQUISITION ONLY AUTHORIZED FOR P -C -126. Mr. Hyde recalled that public hearings -on the following improvements had been continued from August 1, 1977, so that. the City Attorney could determine if Grading and Graveling Improvement No. P -C -126, can be reduced to land acquisition for possible future road right -of -way and whether the cost of the . land acquisition can then be included in a future improvement project for the con- struction of the road. Public hearings were then conducted on the following improvements and action taken as hereinafter recorded. A. GRADING AND GRAVELING I11FROVaIENT NO. P -C -124 IN THE FOLLOWING: Amundson Avenue from Cahill Road to Dewey Hill Road B. STREET IMPROVEMENT NO. P -BA -226 IN THE FOLLOWING: Amundson Avenue from Cahill Road to Dewey Hill Road C. GRADING AND GRAVELING IMPROVEMENT NO. P -C -126 IN THE FOLLOWING: Delaney Blvd. from Dewey Hill Road to W. 78th Street - D. PCRMANENT STREET SURFACING AND.CONCRETF. CURB AND CUTTER.IMPROVEMENT P -BA -227 City Attorney Erickson advised that the City has statutory authority to acquire such land as is reasonably needed, or may be reasonably needed for future road. right -of -way for Improvement P -C -126 and that the cost of the.land acquisition may be assessed as a part of the cost of the later road improvement. If the road is actually constructed at a future date, a further public hearing will be required for the later road improvement. Mr. Erickson clarified that, should the City _ acquire the land and decide subsequently that the.road is not to be built, the property may be disposed of if no longer needed for any public purpose. r- 251 Mr. Erickson also opined that "should the Council authorize the land acquisition portion of the project, and thereafter, in the process of acquiring the property _._... by eminent domain, should that method become necessary, should the Council decide to abandon the project, it mny do so, unilaterally, provided it does so prior to the expiration of the time for appeal from the award of the commissioners, and provided it has not theretofore taken possession of the property, and provided further that the City itself has not filed an appeal from any commissioners' award. Should it dismiss subsequent to the initiation of the condemnation pro- ceedings, the City will, in any event, be liable for reasonable costs and expenses, including attorneys' fees, incurred by the landowner." Council's . attention was also called to a memorandum from Mr. Gordon Hughes which concluded i that 1) The concepts and design for Amundson /Delaney Road as contained in the Southwest Edina Plan and the County Road 18 /Valley View Road Report continue to be valid; 2) Projected traffic volumes for Gleason Road without improvements to the roadway system will be excessive and unacceptable; 3) Construction of the _ proposed Amundson /Delaney system will alleviate anticipated excessive traffic volumes on Gleason Road; 4) Major residential development West of Cahill Road apparently will precede full development of the industrial area; trraffic circu- lation patterns for such residential development will rely, to a great extent on Amundson /Delaney Road; 5) The Cahill Road cul -de -sac is an essential element of-the proposed roadway system; however, construction of the cul -de -sac may not be . essential for several years. Mr. Hughes recommended that 1) The Southwest Edina Q Plan should not be amended and should retain the proposed roadway system; 2) Amundson /Delaney Road should be constructed as development pressures warrant and U should be constructed in conjunction with residential development West of Cahill Road; 3) The Cahill Road cul -de -sac should remain as part of the roadway system, Q but need not be implemented until warranted. Mr. Dunn said that he concurred with Q Mr. Hughes recommendations but clarified that the improvements could not be con- structed until construction of T.H. 100 is complete. He expressed concern that people inquiring about the area be told that the proposed road is a "plan" only and that the road may actually never be built. Mr. Hyde suggested that Improve- ments Nos. P -C -124, P -BA -226 and P -BA -227 be abandoned at this time and that only the land acquisition be authorized for Improvement No. C -126 at this time. Mr. and Mrs. Robert Burns of Dewey Hill Road both spoke in support of the South - west Edina Plan and the road patterns proposed, contending that residents had pur- chased property in reliance on the Plan. Mrs. Burns recalled that the Plan had been stressed in the court case brought against the City for its denial for R -5 zoning proposed for the corner of- Cahill Road and Dewey Hill Road.. She suggested tha: residents on Lanham Lane and Fleetwood Drive opposed the construction of the proposed road only because it would spoil their view. An unidentified gentle- man who lives on Dewey Hill Road said-that Council should not only consider future property owners, but should also consider present property owners who bought their property in reliance on the Plan. Councilman Richards denied that he had ever advocated changing the Southwest Edina Plan., He spoke of his feeling that it is important to put people on notice that the road may never be built inasmuch as conditions are different now than in 1971 when the Plan was adopted. He said that he could not justify spending money on building a road which may only alleviate a small percentage of thru traffic. Councilman Shaw then moved that Improvements Nos. P -C -124, P -BA -226 and P -BA -227 be abandoned at this time. The motion was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION AUTHORIZING GRADING AND GRAVELING IMPROVEMENT NO. C -126 AS TO ACQUISITION OF LA?:D ONLY BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT NO. P -126 IN THE FOLLOWING: Delaney Blvd. from Dewey Hill Road to W. 78th Street and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the acquisi- tion of road right -of -way only at this time and that the City proceed to use every reasonable effort to procure the property described as follows: O.utlot 1, Heath Glen by negotiation and through purchase, if possible, and under the City's right of eminent domain, if necessary. and that the City staff and Attorney be Instructed and directed to use every reasonable effort to procure the above property by negotiation and direct purchase, but,.tf not successful. to file the necessary petition in eminent domain to acquire such property and prosecute such action to r- k.. 252 9/12/71. a successful conclusion until abandoned, dismissed. or terminated by the City or the Court; that the City staff and Attorney and the Mayor, Manager and Clerk do all things necessary to be dune it, the acquisition of said property by negotiation and purchase and, if necessary, by eminent domain; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as GRADING AND GRAVELING IMPROVEME T N0. C -126 and the area proposed to be specially assessed therefor shall include areas sub - sequently determined by the .City Council to be benefited by the construction of a road over and across the land to be acquired for such road pursuant to the fore- going resolution, which assessment may include the cost of the land acquisition .and the cost of constructing the road._ Motion for adoption of the resolution was seconded by Councilwoman Schmidt. . Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. Councilman Richards then moved that there be no amendment to the Southwest Edina Plan at this time, but that the staff be instructed to advise all interested property owners, prospective property owners and the general public that the South- west Edina Plan continues to include Amundson /Delaney Road, but.that this road may or may not be constructed at a later date, and, further, that the Cahill Road cul -de -sac may not become a reality.- Motion was seconded by Councilwoman - Schmidt. Ayes: Courtney, Richards, Schmidt,.Shaw Nays: None Resolution adopted. SPECIAL ASSESSiM,i7iS LEVIED FOR VARIOUS I11PROVi2iiwiS. Mr. Hyde recalled that Special Assessment Hearings for Street Improvements Nos. BA -202, BA -206, BA -208, BA -212, BA -215, BA -216 and Watermain Improvement No. WM -270 had been continued from August 15, 1977, because legal notices had not been published in time to give the shirty day notice now required by law. Hearings were then conducted as fol- lows- A. STREET IMPROVEMENT NO. BA -202 IN THE FOLLOWING: Dovre Drive from Parkwood Lane to Lincoln Drive Mr. Hyde.presented Analysis of Assessment showing total construction cost of $100,987.65, proposed to be assessed against 617.61 assessable feet at $21.00 ` per foot (for Nine Mile North 2nd Addition only) and against 408 assessable build- ing sites at $215.73 per site, against estimated assessment of $25.00 per assess- able foot for Nine Mile North 2nd Addition and $260.00 per assessable building site. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) B. STREET IMPROVEMENT NO. BA -206 IN THE FOLLOWING: Parkwood Lane from Londonderry Road to North line of Parkwood Knolls 19th Addition Dovre Drive from East line of Parkwood Knolls 19th Addition to West line of Parkwood molls Addition Field Way from East line of Parkwood Knolls 19th Addition to Parkwood Lane Mr. Hyde presented Analysis of Assessment showing total construction cost of $39,945.24, proposed to be assessed against 36 assessable lots at $1,109.59 per lot, against estimated assessment of $1,517.12 per assessable lot. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) C. STREET IMPROVEMENT NO. BA -208 IN THE FOLLOWING: Lanham Lane from South line of M.P. Johnson's Prospect Hills'3rd Addition to Fleetwood Drive sis of Assessment showing total construction cost at Mr. Hyde presented Analy $22,668.39, proposed to be assessed against 18 1/3 assessable lots at $1,236.48 per lot, against estimated assessment of $1,407.95 per lot. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assess - went later in Minutes.) D. STREET IMPROVEMENT NO. BA -212 IN THE FOLLOWING: Dale Avenue from W. 56th Street to W. 57th Street " Mr. Hyde presented Analysis of Assessment showing total construction cost at $9.779.06, proposed to be assessed against 1,058.34 assessable feet at $9.24 per foot against estimated assessment of $21.48 per assessable foot. No object- ions were heard and none had been received prior thereto. (See Resolution Or Assessment later.in Minutes.) E. STREET IMPRUVEML•'NT NO. BA =215 IN THE FOLLOWING: McCauley Terrace from McCauley Trail East to cul -de =sac Mr. Hyde presented Analysis of Assessment showing total construction cost.at. $8,430.58, proposed to be assessed against 574.29 assessable feet at $14.68 per foot against estimated assessment of $19.43 per assessable foot. No objections •r ED INA J� 4801 WEST 50TH STREET. EDINA. MINNESOTA 55424 812 - 927 -8881 January 9, 1978 Mr. John Caldwell Orville Madsen Construction Co. P. 0. Box 8 Industrial Road Hudson, Wisconsin 54016 Re: Lanvesco Co. Development Proposal for Madsen Property in Southwest Edina Dear Mr. Caldwell: Based upon your comments made at the January 4, 1978 Planning Commission meeting regarding the above referenced matter, I have reviewed our files concerning the past acquisitions by the City of Edina of Mr. Madsen's property. Our files indicate that Mr. Madsen donated approximately 6 acres of property in 1969 to the City of Edina. In 1975, the City of Edina purchased approximately 15 acres from Mr. Madsen for $120,000+. It was my impression at the Planning Commission meeting that you implied that the property under option by Landvesco should receive some "density or park- land dedication considerations" in that Mr. Madsen had donated property to the City for park land on past occasions. Enclosed please find a copy of the October 20, 1975 City Council minutes as well as a memo of understanding between the City and Mr. Madsen. Both of these documents indicate that the sale of the Madsen property to the City included no contingencies or understandings. that would in any way benefit Mr. Madsen or any future developer of Mr. Madsen's remaining property. It was further understood that when the remaining property was developed, additional parkland would be dedicated in accordance with the Southwest Edina Plan. In that I was not directly involved in the acquisition of Mr. Madsen's property, I may not be fully apprised of other conditions of this transaction. Please advise if you have additional facts. Thank.you. Sincerely, ., Gordon L. Hughes Director of Planning GLH:ks Encls. cc: Bill Schatzlein , 6600 Fr. Ave. S. T.... , Mr. Gordon L. Hughes Director of Planning City of-Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Hughes: Orville E. Madsen & Son, Inc., General Contractors Hudson Industrial Park Box 8, County Trunk F, Hudson, Wisconsin 54016 Telephone (715) 386 -8201 or (612) 436 -5281 February 7, 1978 Thank you for your letter dated January 9, 1978 which is a recap of the purchase by the city of approximately 15 acres from Mr.- Orville Madsen. As you clearly point out that in 1975 there were no contin- gencies or possible future benefits promised to Mr. Madsen when that 15 acres was purchased by the city considerably below the market value. The land did have 7 buildable single family lots on the westerly portion. Essentially, the sale price was at the market value of the buildable land and the balance Mr. Madsen transferred without addi- tional compensation as a gift. However, the critical issue remains that prior to this action, Mr. Madsen did make a "park land dedication or contibution" in 1969 of. approximately 6 acres of property out of his total tract. By virtue of the fact that the city subsequent to this gift has enacted legisla- tion requiring "park dedication lands ", which at the time the gift was made was not mandatory, does not erase the fact that Mr. Madsen has already complied with this legislation of his own volition. It seems to be unreasonable to penalize a person such as Mr. Madsen who was far sighted enough to recognize the need for a community to preserve open space and voluntarily offered to dedicate open spaces in 1969 before it was even required by law. Furthermore, there appears to be a definite misconception of the under- lined portion of the attached resolution when you stated "It was further understood that when the remaining property was developed, additional �., parkland would be dedicated in accordance with the Southwest Edina Plan ". You will note that Mr. Luce was.not referring to the Madsen -- property but to some unnamed party to the north. Mr. Douglas T. Madsen, Orville's son, and I both were the only ones discussing this matter with the city and both of us are willing to present affidavits, if necessary, stating that this was never promised verbally or otherwise . in any discussions with the city. Rather, what actually occurred is that Mr. Luce unilaterally stated that he would attempt to enforce this action. To the contrary, I personally objected stating to Mr. Luce that there would be no way Page 2 February 7, 1978 the city could prevail in a course of action which required a second park contribution on the remaining property. Neither Doug or I wish to rule out the possibility that at some future time we will recommend to his father or to a subsequent owner of this property that to create an esthetically pleasing development, either with or without Amundson Road becoming a reality, then we may.wish to cooperate and' voluntarily make additional parkland available. However, this would only be feasible if it did not effectively preclude orderly development of his property. It appears that if the city were to allow.the density to be set at the 1975 agreed on level of 12 units per gross acre indicated in the attached council proceedings, the site should yield about 120 units. Or if the city were to view the current tract of land plus the 1969 public land dedication of 6 acres, then the site would yield at least 120 units even under the current density reduction formula. However, if the city did not recognize the original 6 acre dedication and also enforced this new reduction formula, it would in effect be a confisca- tion of Mr. Madsen's property rights without due compensation. In essence, what we are asking for is that the city be fair and reason- able to Orville Madsen who has been more than fair with the city's requests in the past. Should the city wish to put in Amundson Road and have the western portion given to. the city, then the 120 units of multi- family.luxury condominiums could be placed in a 5 or 6 story structure on the easterly portion. However, if.the city elects to drop the Amundson Road plan, then perhaps the best development would be similar to the Lanvesco concept with a strip of park land through the center to connect the large park to the south with the existing park land to the north. JMC /fsd Encl. cc: Lanvesco Corp. D. T. Madsen Sincerely, John M. Caldwell RESOLVED That the City Council of the City of Edina, Hennepin County, Minnesota, hereby accepts the proposal of NORTHERN STATES POWER COMPANY, a Minnesota corporation, to furnish street lighting service with all lights located or to be located in said City, and hereby approves all terms, conditions, and specifications in the Street Lighting Con tract made a part of the proposal of said company and the proper officers of the City are hereby authorized and directed to execute the aforesaid Contract for and in the name of the City, and affix the corporate seal thereto. Adopted by the Council j,, l ;2 , 19 7X I DO HEREBY CERTIFY that I am the City Clerk of the City of Edina, Hennepin County, Minnesota, and that.I am custodian of its records; that the above is'a true and correct copy of Resolution adopted by the City Council of said City on y }) ., L 19_L�. FORM 17.0444 STREET LIGHTING CONTRACT (MINNESOTA) THIS CONTRACT, dated February 20 , 19 78 , between NORTHERN STATES POWER COMPANY, • Minnesota Corporation, hereinafter. called "Company," and the City of Edina , Hennepin County, in the State of Minnesota _hereinafter called • municipal corporation of h'+ "Customer," WITNESSETH: That the parties hereto, each in consideration of the agreements of the other, agree as follows: 1. KIND OF SERVICE: Company agrees to supply Customer with illumination or service designated in Rate Schedules A, B and C which are now, or in the future will be, attached hereto and made a part of this contract from facilities located as shown on Exhibits A, B and C which are now, or in the future will be, attached hereto and made a part hereof. 2. CHANGES AND ADDITIONS: When requested by Customer and pursuant to the additional conditions on the reverse hereof, Company will provide additional street lights. When there is a major change in the number, size, or type of light source, or at least once each calendar year when there hkve been changes in service, Company will prepare re- vised or new exhibits. Such revised or new exhibits shall be considered incorporated herein when the parties have caused said exhibits to be executed. In the event additional sizes or types of street lights are available from Company and desired by Customer, the applicable Rate Schedule shall be expanded to include these additional lights and their respective rates. 3. TERMS: This contract shall be in force for a period of 5 years commencing on December 31 , 19 77 and shall continue in force thereafter for periods of 5 years unless terminated by written notice of cancellation given by either parry to the other not less than 30 days prior to the expiration of any of said 5 year periods, provided that in no event shall this Contract be extended beyond the period for which Customer may legally bind itself. 4. PAYMENT OF BILLS: All bills are payable at Company's office on or before the thirtieth day succeeding the date bill is rendered. S. RATES, RULES AND REGULATIONS: The Customer agrees to accept and pay for such services in accordance with the rates, rules, and regulations of the Company as filed with the Minnesota Public Service Commission and in effect from time to time for this class of service. Rates presently in effect for services hereunder are shown in the attached rate schedules. Service hereunder shall be supplied for Customer's use subject to agreements contained here- in and in the "Additional Conditions" shown on the reverse hereof and made a part of this contract. 6. TERMINATION OF PRIOR CONTRACTS: It is agreed that, on the effective date hereof, this Contract terminates all prior contracts covering street lighting service furnished hereunder. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed. In presence of: Witnesses As To Company n <<� -At _ NORTHERN STATES POWER COMPANY By Cit BY Division Manager of Edina MEMORANDUM February 27, 1978 TO: Ken Rosland FROM: Harold Sand SUBJECT: Survey of historic Edina Architecture, 1978 Community Development Project The Heritage Preservation Board has interviewed three.' prospective consultants for the survey, including, McDonald and Mack Partnership 2109 27th Ave. S., Mpls., Mn. Bruce_M. Kriviskey, AIP 3048 N. Shephard Ave., Milwaukee, Wisc. William Scott AIA Setter, Leach and Lindstrom.Architects-► 1011 Nicollet Mall, Mpls.,.MN. The Board has unanimously recommended retaining William Scott to perform the survey. The contract is proposed to be written with a maximum $8,000.00 fee as allocated in the Community Development Budget. I have attached a copy of Mr. Scott's resume. HS:nr Attach. RESUME William Scott, Vice President Architecture at Setter, Leach & Lindstrom, Inc. has long been interested in architectural preservation and restoration. This interest has been displayed and nurtured by the numerous organizations and activities he has supported through his contributions of time and .expertise -(see list below) Bill has seen fit.to "practice what he preaches" by acquiring and restoring a 120 year old residence in Taylors Falls,-Minnesota, which is now his home. In recognization of Bill's many contributions to architectural restor- ation.and preservation, the Minnesota Society American Institute of Architects honored him with a special "Mr. Historic Preservation" award at its 1977 con- vention. Organizations and Activities Chairman, Minneapolis Heritage Commission Chairman, 1970 -1976 & current member, Minnesota Society American Institute of Architects, Historical Resources_ Committee Minnesota State Preservation Coordinator, for the past five years, American Institute of Architects Member, American Institute of Architects Historic Resources Committee Appointed Advisor, by City of Taylors Falls, on the Taylors Falls Public Library (listed in the Historical American Buildings Register) Currently assisting the Minnesota Historical Society and the St. Paul Housing Authority inspect buildings in the Irvine Historical District Member of the Minnesota, Wisconsin, and Chisago County Historical Societies Vice President, Minnesota Chapter, Society of Architectural Historians . Member, The Association for Preservation Technology Member, Executive Committee.of.CUE (Committee on Urban Environment) Member, Advisory Committee for Restoration of Governor's Residence r EDINA STREET LIGHTING .. RATES Company Owned Rate Schedule A Customer Owned Rate Schedule B - Group III 175 watt mercury 2.60 2.60 $ 2.95 250 watt mercury 3.20 3.25 3.65 Company Owned Rate Schedule C 175 watt mercury 7.05 7.40 $ 8.45 March 1, 1978 Monthly ,Rate Per Light Effective Effective Effective 6/20/77 2/2/75 6/2/76 subject to refund 175 watt mercury 5.35 5.90 $ 6.70 250 watt mercury 6.35 6.8'5 7.65 100 watt sodium no rate 7.80 7.85 150 watt sodium 8.00 8.25_ 8.75 250 watt sodium 9.85 9.65 10.55 400 watt sodium 12.60 12.45 13.70 Customer Owned Rate Schedule B - Group I 6000 lumen incandescent 4.25 4.85 $ 5.45 4F72H0 fluorescent(AN -MN) 4.70 5.35 6.00 175 watt mercury ..2.65 2.65 3.00 250 watt mercury 3.25 3.30 3.70 400 watt mercury 4.25 4.30 4.85 250 watt sodium 3.90 4.25 4.80 400 watt sodium 5.15 5.75 6..45 Customer Owned Rate Schedule B - Group III 175 watt mercury 2.60 2.60 $ 2.95 250 watt mercury 3.20 3.25 3.65 Company Owned Rate Schedule C 175 watt mercury 7.05 7.40 $ 8.45 March 1, 1978 a , . • 1 RESOLUTION RESOLVED That the City Council of the City of Edina, Minnesota, hereby accepts the proposal of Hennepin County, to TATES POWER COMPANY, a Minnesota corporation, NORTHERN S hts located or furnish street lighting service with all lig ated in said City, and hereby approves all terms, to be loc hting Con conditions, and specifications in the Street Li9 con and the tract made a part of the proposal of said company authorized an proper officers of the City are hereby directed to execute the aforesaid Contract for and in the the City, and affix the corporate seal thereto. name of '19 Adopted by the Council that I am the City Clerk of the I DO HEREBY CERTIFY that Minnesota, and that I am City of Edina, s records; that the above is a true an Council custodian of its records; adopted by the City correct copy of Resolution 19 of said City on City Clerk . THE EDINA POLICE RESERVE HAS DISTINGUISHED ITSELF DURING THE LAST YEAR BY PROVIDING OVER 1,800 HOURS OF VOLUNTARY SERVICE TO THE COMMUNITY. THIS SERVICE HAS INCLUDED SECURITY FOR VISITING OFFICIALS, CROWD AND TRAFFIC CONTROL AT CITY EVENTS, ASSISTANCE AT SPORTING EVENTS, AND A MULTITUDE OF OTHER SERVICE PROJECTS THEIR ADDITION TO THE REGULAR POLICE DEPARTMENT IS AN ASSET IN THE COMMUNITY BY THE SERVICE THEY PROVIDE. THEIR INDIVIDUAL EFFORTS DEMONSTRATE A COMMUNITY SPIRIT WORTHY OF NOTE AND IS HEREBY RECOGNIZED. The following persons are members of the Edina Police Reserve: 1. Michael Bodeen (143 -1/4 hrs. served during 1977) 5224 W. 56th Street Edina, MN 55436 ,'21 Ronald Craig (222 hrs.-served during 1977) ` 5140 Meadow Ridge Road • Edina, MN 55435 -( 3. Loren Hallonquist (216 hrs. served during 1977) 5320 Halifax Avenue Edina, I..1N 55424 4. Jens Hovelsrud 5714 Benton Avenue Edina, MN 55436 5. Lowell Howard 4038'Fremont Ave. No. Minneapolis, MN 55412. Scott Johnson 5553 26th Ave. So. Minneapolis, MN 55417 �`L. Tim Kane 6524 Ridgeview Drive Edina,, MN 55435 8. Maryanne McCauley (Ms.) 6817 McCauley Terrace Edina, MN 55435 Sandi Quint (Ms.) 4128 Meadowlark Lane Eagan, MN 55121 ;`10. Marc Thielman .743.11th Ave. So. Hopkins, MN 55343 (122 -1/4 hrs. served during 1977) (86 -1 /2 hrs. served during 1977) (268 -1/2 hrs. served during 1977) (259 hrs. served during 1977) (41 -1/2 hrs. served during 1977) (182 -1/2 hrs. served during 1977) (286 -1/4 hrs served during 1977) 4