HomeMy WebLinkAbout1978-04-17_COUNCIL MEETINGROLLCALL
MINUTES of March 209 1978, approved as presented or corrected by motion of ,
seconded by
INTRODUCTION OF GIRL SCOUT TROOP-457 - COUNTRYSIDE SCHOOL
PROCLAMATION - VOLUNTEER WEEK
PROCLAMATION - "RESPECT FOR LAW WEEK"
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 Divisions_, Plats,
Flood Plain Permits, Appeals from Administrative or Board of Appeals and Adjust -
ments Decisions and Plan Amendments require action by Resolution. 3/5 favorable
rollcall vote to pass.
�. Ordinance Amendment Revised Planned Residential District Requirements -
tirst Reading
Soutii, Soutli:aest and Western`. Edina Plan Amendments
C. Madsen Property - Generally locate North o 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 (Continued from 3/6/78)
D.: 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 (Continued from 3/6/78)
E. Crosstown Hills - Located North of. Crosstown Highway and West of Krahl Hill
5- 78 -5.- (PC 3/29/78)
1. Preliminary Plat Approval
F.: The Northland Company - Generally located between Drew Ave. and Barrie Road
and between W. 65th and W. 66th Streets
1. Regional Medical District to Office Building District - Z -78 -4
(PC 3/29/78)
G. Edina Baptist Church - 5234 -5242 France Ave. S.
1. R -2 Residential District to R-- 1.Single Family Residential District
Z -78 -5 (PC 3/29/78)
H. Lannto Bldg. & Development - Warden Acres - Generally located North-of
Benton Ave. and West of MN &S Railroad Tracks - Z -78 -6 (PC c/29/78)
1. R-1 Single Family District to_ R -2 Multiple Residence District
I. Gross /Fraser- Prospe.,t Hills - Generally located South of Tupa Drive cul -de -sac
and North and West of Kerry Road cul -de -sac - S -78 -6 (PC 3/29/78)
1. Preliminary Plat Approval
J. Nine Mile West Third Addition - Generally located South of W. 78th St., East
of Cecelia Circle-and [Jest of MN &S Railroad Tracks;- .S -78 -7 (PC 3/29/78)
K. Brian Gensmer - 0013 Indian Hills Road
1. First Reading - R -1 Single Family District to R -2 Multiple Residence
District - Z -78 -3 (PC.3129/78)
II. METROPOLITAN TRANSIT COMMISSION CANDIDATES
III. SPECIAL CONCERNS OF RESIDENTS
A. Mrs. Mary T. Farr - Driveway Apron
B. Mr. David Shea - Use of Easement -Edina Realty Building
April -17, 1978, Agenda
Rage Two
IV. RECOMMENDATIONS AND REPORTS
A. Traffic Safety Committee Minutes of. 4/11/78
B. Set Hearing Dates
1. Street Vacation - Old County Road 39 (Valley View Road) between County
Road 18 and Washington Ave.
2. Street Vacation - Adjacent to 5521 Doncaster,,Way
C. Acceptance of Roadway and Utility Easement.
D. Suit - Dr. Harold Katkov
E. Emergency Services Resolution
F. Settlement of Fountainwoods Lawsuit
G. Mileage Reimbursement
H. Special Concerns of Mayor and Council
I. Manager's Miscellaneous and Post Agenda Items
V. AWARD OF. BIDS, AND QUOTES
A. Sale of Fire Truck /Monitor (Continued from 4/3/78)
B. Purchase of Sewer Pump - Code Ave. Lift Station
C. Purchase of Steam Cleaner
D. Purchase of Golf Cars
E. Public Officials' Liability Insurance
F.
G. Voting Machines
VI. FINANCE
A. Art Center Fund as of 12/31/77.
_B. .William Wardwell Lewis Park.-Addition - Improvements for payment of
C. Claims Paid: Motion of , seconded by
the following claims as per Pre - List: General Fund, $168,919.43; Park
Department, $4,222.29; Art Center, $1,026.52; Park Construction, ($26.64);
Pool Fund, $67.05; Golf Fund, $69.1.45;.Arena, $8,435.45; Gun Range,
$446.71; Water Fund, $39,320.77;.Sewer Fund, $97,855.89; Liquor Fund,
$134,224.16; Construction Fund, $286.00;-S. S. #53, $577.15; I.B.R.,
$58,356.00; Total, $514,402.23; and for confirmation of payment of the
following claims: General Fund, $36,138.97.; Park Fund, $36.84; Golf Course,
$850.00; Liquor Fund, $156,339.21; Total, $193,365.02
.fir..
SUGGESTED "RESPECT FOR LAW WEEK" PROCLAMATION
WHEREAS, crime and its effect upon the lives and property
of our citizens continue undiminished, despite
-- - - - efforts - -by government, - citizens' organizations..
and many individuals, and
WHEREAS, the problems of crime touch and affect all segments
of our society undermining and eroding the moral
and Economic strength of our communities and their
citizens, and
k
WHEREAS, there is still a reluctance on the part of many
- -
citizens-to involve - themselves- in- actions .to insure
the protection, rights -and well being of their
fellow citizens, and
WHEREAS, Optimist clubs and their members continue to sponsor
and support programs aimed at combatting crime and
disrespect for law through year -round efforts;
now therefore be it
RESOLVED, That I
proclaim the week of May 1 -7, 1978, as RESPECT FOR
LAW WEEK, AND ask all citizens of
to join with the
Optimists in carrying the message of respect for
law to other citizens, and by example, exercise
responsible citizenship.
Done at this
day of in the
year of our Lord nineteen hundred
- and- seventy eight.
signed:
Witness:
PROCLAMATION
"RESPECT FOR LAW WEEK"
WHEREAS, crime and its effect upon the lives and property of our citizens
continue-undiminished, despite efforts by government, citizens' organiza-
tions and many individuals; and
WHEREAS, the problems of crime touch and affect all segments of our society,
undermining and eroding the moral and economic strength of our communities
and their citizens; and
WHEREAS, there is still a reluctance on the part of many citizens to involve
themselves in actions to insure the protection, rights and well being of
their fellow citizens; and
WHEREAS, Optimist clubs and their members continue to sponsor and support
programs aimed at combatting crime and disrespect for law through year -
round efforts;
NOW, THEREFORE, BE IT RESOLVED that I, James Van Valkenburg, Mayor of the
City of Edina, do proclaim the week of May 1 -7, 1978, as
RESPECT FOR LAW WEEK
and ask all citizens of the City of Edina to join with the Optimists in
carrying the message of respect for law to other citizens, and by example,
exercise responsible citizenship.
ADOPTED this 17th day of April, 1978.
Mayor
PROCLAMATION
WHEREAS, Edina volunteers are a vital resource in solving some of the human pro-
blems that are a consequence of our complex society; and
WHEREAS, volunteers, to their demonstrated concern and commitment to the well-
being of others, prove assurance for the continuing high quality of life in the
City of Edina; and
WHEREAS, a large percent of Edina citizens volunteer in some capacity and repre-
sent all ages, economics, educational and ethnic backgrounds; and
WHEREAS, volunteering provides opportunities for personal growth, career explora-
tion and civic contribution for every citizen; and
_WHEREAS, recognition should be given to individual volunteers for their contri-
butions to the health, education, welfare, recreation and cultural services to
the City of Edina and in neighboring communities;
NOW, THEREFORE, I, James Van Valkenburg, Mayor of the City of Edina, commend the
volunteers of the City of Edina for their dedication and service, seek the expan-
sion and increased effectiveness of programs in which volunteers are active, urge
the involvement of volunteers, wherever appropriate, in local government; private
non - profit agencies and other private organizations, and do hereby proclaim the
week of April 16 to April 22, 1978 as
VOLUNTEER RECOGNITION WEEK IN EDINA
and express appreciation, on behalf of all citizens of Edina for those selfless
efforts and resources expended by Edina's many volunteers.
ADOPTED this 17th day of April, 1978.
Mayor
ATS
STATE OF MINNESOTA
(� OFFICE OF THE GOVERNOR
NNE5
RUDY PERPICH ST. PAUL 55155
GOVERNOR GOVERNOR'S OFFICE OF VOLUNTEER SERVICES
March 29, 1978
Dear Mayor:
PHONE: 612/296 -4731
As in past years, we are writing to inform you of the dates for Volunteer
Recognition Week in Minnesota. This year, in conjunction with National
Volunteer Week,- Governor Perpich-has proclaimed that April 16 -22, 1978,
be set aside as a special time to recognize and honor Minnesota's many
fine volunteers.
During this week many agencies and organizations which utilize volunteers
will be paying tribute to Minnesota citizens who serve their communities
as volunteers. Volunteer Recognition Week affords volunteer programs and
community leaders the opportunity to.salute their volunteers and to carry
the word of their achievements to the whole community. In so doing, they
will encourage greater citizen involvement in meeting community needs by
drawing attention to the opportunities and rewards to be derived from
volunteer service:
Hopefully, local government, through your office, will contribute to such
recognition by participating in volunteer recognition events, and by pro-
claiming April 16 -22, 1978, as Volunteer Recognition Week in your community.
If you would like, the Governor's Office of Volunteer-Services can provide
your office with sample Volunteer Recognition Week proclamations. If you
have any questions, or if we can be of assistance, please call, or write
our Office.
LLG:ml
Sincerely,
i
Laura Lee M. Geraghty
Director
AN EQUAL OPPORTUNITY EMPLOYER
O
LOCATION _ MAP
zoninc;
subdivision
r. cardarelle - Crosstown Hills
REQUEST NUMBER: Z -78 -2 and S -78 -5
LMATION: S. of Vernon Ave.; N. of the
Crosstown; West ut Lincoln Drive
REQUEST: Five R -1 lots to R -2
NORTH
250 500 750 1000
ylllea� t►l�i���inQ l. vWgge of edin3
PLANNING COMMISSION
STAFF REPORT
March 29, 1978
S -78 -5 Crosstown Hills. 5 lots generally located south of Vernon
Avenue, north of the Crosstown, west of Lincoln Drive.
Refer to: Attached graphic
The Commission will recall.that...the proponents request for rezoning
from.R -1 to R -2 was "approved on March 1, 1978. However, the Commission
continued the proponents subdivision request to March 29, 1978 in order to
investigate alternative subdivision designs.
Staff and the proponent have reviewed various designs for the
subdivision including (1) the relocation of the proposed roadway to the
southerly extreme of the property; (2) relocation of the roadway northeasterly
such that all lots would gain access onto this road rather than onto Vernon
Avenue and (3) slight modifications of the subdivision as submitted.
Alternative one appears somewhat undesirable in that,(1) lots
located on the southerly portion of the.site would be oriented toward the
Crosstown Highway rather than away from it, and (2). the proposed roadway
would take on the appearance.of a through street to Gleason Road which
is not in conformance with past decisions of the Council.
Alternative two has many desirable features but would involve a
very complicated land trade which does not appear possible at this time.
Therefore, staff would recommend an approval of a slightly modified
version of the proposed subdivision with some conditions. These modifications
and conditions include:
1. the proposed roadway right of way must be 60 feet in
width and dedicated.
2. the proposed roadway must be realigned slightly.such that
it curves northerly at its western end to provide a more
suitable intersection with Vernon Avenue.
3. An easement for a culde sac at the eastern end of the roadway
must be provided. In that this cul de sac (which would be
temporary) would influence the setback.of a dwelling on Lot 2,
Block 2. It is recommended that this lot be either designated
as an outlot until the road is extended easterly or combined.with
Lot 1, Block 2, with the understanding that such a lot could be
further subdivided upon extension of the roadway.
4. A developer's'agreement must'be executed which includes not only
the construction of the roadway, but also the construction of
berms or other suitable noise abatement measures on the south
edge of the site.
as
Crosstown Hills
Page 2
March 29, 1978
GH:ks
3/23/78
5. Drainage plans for the site must be reviewed and approved by
Hennepin County.
6. Parkland subdivision dedication in accordance with the attached
report.
7. Suitable easements must be prepared and submitted which ensure
a common driveway access to Lots 1, 2 and 3, Block 1 from
France Avenue.
Resume: Clyde E. Allen, Jr.
10750 Penn Avenue South
Bloomington, MN 55931
Family: Wife - Esther, past Chairperson and current member of
Bloomington School Board;
Children.- Cindy, age 17; Scott, age 13.
Employment: Research Director, Minnesota Taxpayers Association
Current Public Involvement
1975-
Metropolitan
Council
Chairman's Advisory Committee
1976-
Metropolitan
Council
Fully Developed Areas Task Force
1972-
Metropolitan
Transit
Commission Advisory Committee on
1971-
Vice Chairman, Bloomington HRA
1976-
Secretary of
State's
Advisory Committee on Electronic
Recent Public Involvement
Transit
Voting Equipment
1975 -76 President, Association of Metropolitan Municipalities
1974 -75 Vice President, Association of Metropolitan Municipalities
1974 -77 Board of Directors, Association of Metropolitan Municipalities
1974 President, Suburban League of Municipalities
1973 Board of Directors, Hennepin County League of Municipalities
1972 -75 Chairman of Metropolitan Agencies Study Committee of Association
of Metropolitan Municipalities, Suburban League and Hennepin
County League_
1974 -76 Board of Directors, Minnesota League of Cities
1971 -75 Bloomington City. Council
1975 National League of Cities Public Safety Committee
1977 Bloomington Special Study Committee for Voting Systems and
Procedures
1977 Bloomington Chamber of Commerce Legislative Committee
Civic Involvement
1975 Chairman, Suburban. Municipalities United Fund Drive
1977 Coached Richfield /Bloomington Summer Softball League for
Handicapped Children
1976- Advisory Committee on Special Services (Handicapped), Bloomington
1976- Board of Directors, Side by Side Youth and Family Counciling Service
1976 Produces weekly public affairs program on cable television.
1971- Member, Bloomington Association for Children with Learning
Disabilities and Minnesota Association for Children with
Learning Disabilities
March 31, 1978
4211 Scott Terrace -
Edina, Minn. 55416
The Edina City Council
4601 West 50th St.
Edina, Minn. 55424
Gentlemen:
I am told that my property is listed azni;ong those properties
which .are considered to be benefited by the improvements
P- BA -204A.
We have written you many years ago that we did not have any
..problems with drainage until the drainage system was installed
in this area at which time the apron to our driveway was badly
damaged and the village installed a new apron. It was not done
properly as'it'was cut down too low as well as the curb and
gutter causing a terrible mess with water and sand - coming down
Scott Terrace. Vie also had a new sidewalk installed in Sept.
1968 and that is all sunken and cracked due to the water seep-
age. I feel this problem is absolutely not our fault and that
-it is through 'error on the part of the village -1-can prove
this if it is necessary as my neighbor who has lived beside
us all the time we have lived here can vouch for this to be
true We built in 1941.
I am far from a 1$15,000 a year person so I cannot afford to
pay for anything that has happened through no fault of my own.
Hoping to hear from you, I remain
Yo rs truly
P.S. Kindly have some 'one clean out the sand on my apron
and walk I used to do this myself but the last couple..of
years I have had to ask the village to do it. as it is too
much for me. Thank ,you.
�7 7,r
300 METRO SQUARE BLDG
ST. PAUL. MN.''`55101
General Off ice:Telephone.(612) 291 -6359
REVIEW
a Metropolitan Council
Bulletin for
Community Leaders
For more information on items
mentioned in this publication, call the
Public Information Office at 291 -6464.
March 24, 1978
ACTIONS LAST WEEK (March 20 -24)
METROPOLITAN COUNCIL
The Council and the Metropolitan Health Board held a
public hearing on an application to the Department of Health,
Education and Welfare for full designation as the Twin Cities
Area Health System Agency. The hearing record will be held
open through March 29 for people who wish to submit written
comments to the Council.
The Council adopted a report advising the Metropolitan
Sports Facilities Commission that both the Bloomington and
,Minneapolis Industry Square sites for a new or renovated
sports facility are consistent with regional plans. The report
says the Minneapolis site has the advantage of also supporting
a regional policy that calls for reinforcing development in the
downtown centers. The purpose of the report is not to involve
the Council in site selection activity, but to fulfill a legislative
mandate to advise the commission on the consistency of sites
with regional plans. The report discusses transportation,
stormwater, wastewater, solid waste and fiscal planning matters.
The Council recommended to the Minnesota Environmental
Quality Board that Valley View Oaks, a 21 -unit, single - family
housing development proposed in the Mississippi River critical
area in Mendota Heights, be denied because it is inconsistent
with state interim development regulations.
In other actions, the Council approved a grant of $27,000
to Washington County Human Services, Inc., for the second
year of its program to provide services to the elderly in Wash -
ington Countv. The money is available from Title III of the
Older Americans Act.
The Council decided to file an application for Department
of Housing and Urban Development (HUD) housing "bonus"
funds for 1978. The funds are available to regional agencies
that have "acceptable" regional housing opportunity plans.
The Council was awarded bonus funds in 1976 which trans-
lated into about 1,100 additional subsidized housing units,
additional planning funds, plus funds for land write -downs in
Golden Valley and Robbinsdale.
The Council certified that its Transportation Policy Plan is
consistent with current transportation and land use conditions
(federal regulations require this review annually). The Council
also hired Ron Matros as a consultant to assist the Council in
conducting the first part of its Interstate 35E Environmental
Impact Statement study at a cost of up to $20,000.
The Council also hired Phil Cohen, former mayor of
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Brooklyn Center: as Community nroiects coordinarnr on its
staff, and handled a number of administrative items.
COMMITTEES OF THE COUNCIL
The Transportation Subcommittee of the Physical Develop-
ment Committee reviewed seven preliminary paratransit grant
applications prepared by the �bletropolitan Transit Commission.
The Council delayed transmitting them so the Council staff
could meet with commission staff to get more information
about some of the projects.
The Physical Development Committee approved regional
Transportation Plan amendments that would delete proposed
Interstate 335 in Minneapolis and reclassify Hwys. 110, 55 and
5 in Mendota Heights.
The committee recommended how funds placed in a "spe-
cial planning problems" rant category should be awarded to
local governments. This is part of the local planning assistance
grant program administered by the Council. The allocation was
developed by the Council's Land Use Advisory Committee.
About $42,500 is being allocated.
MTC VACANCY APPLICATIONS
Jniya The Council is presently taking applications for a
on the Metropolitan Transit Commission created wh
Cooley resigned.
The vacancy is in Precinct F, which is comprised mouth, Wayzata, Minnetonka; Hopkins, Edina, Rich
Medicine Lake, the eastern part of Bloomington and
western Part of Golden Valley.
Candiaatcs must reside in the precinct.
The four -year term expires in January, 1979.
Persons interested in serving on the commission stact Rosemarie Johnson at 291 -6461 for application
Applications will be taken through the end of
April.
HORSEBACK RIDING TRAILS MEETING
The Council is holding an informational meeting at 7:30
p.m. March 27 in the Council offices for people interested in
the development of horseback riding trails in the Twin Cities
Area. Subjects to be discussed include regional trail planning
and development as it relates to equestrian use, state trail
development in the Region, and use of abandoned railroad
rights -of -way for horseback riding. For more information, call
Bob Nethercut at 291 -6403.
BOB SHORT RECOGNITION DINNER
Friends of Bob Short are invited to join with the Metro-
politan Council in a tribute -roast dinner for Bob at 6:30 p.m.
,March 29 at the Leamington Hotel. Reservations may be made
by calling Rosemarie Johnson at 291 -6461 by March 27. Cost
is $8.50 per person.
NEW PUBLICATIONS
Leachate Generation Potential from Landfills in the Twin
Cities Metropolitan Area. March 1978. The technical report,
prepared under the Council's 208 wastewater planning pro-
gram, shows there is a high potential for surface and ground-
water pollution from half of the 14 currently- operating or
recently closed landfills in the Region.
The 150 -0age report identifies "potential" pollution, and
recommends field and laboratory analysis to substantiate its
findings. The report estimates the potential level of pollution
of both surface and ground water at each site, descri bes how
pollution might occur and what m igght be done to seal the
facility, once closed. Coppies cost $3.50.
Twin Cities Metropolitan Area Population Distribution
Map. April 1978. The 17/22 inch dot map shows the distri-
bution of existing and forecast population for the year 1990.
Twin Cities Metropolitan Area Employment Distribution
Map. April 1978. This 17/22 inch map contains comparable
information on employment distribution.
No charge for single copies of the maps. Quantities are
available at cost.
To order publications, call the Public Information Office
at 291 -6464.
COMING MEETINGS (March 27 -31)
Human.Resources Committee — Monday, March 27, 5:30
p.m., Council Chambers.
There will be a discussion of a recent Citizens League report
on housing needs in the Metropolitan Area and a progress re-
port on the Council's 1978 modest -cost housing competition.
The committee is expected to take action on a proposed plan
for transferring grant administration -responsibilities from the
state to the Council for federal Title VII aging program funds.
Also up for committee action will be an award of Title V aging
program funds to a St. Louis Park project for the elderly. The
committee will continue its discussion of housing guidelines
for reviewing local comprehensive plans.
Communications Advisory Committee - Monday, March
27, 7 p.m., Conference Room A.
There will be a discussion of information services available
through Twin Cities libraries. The committee will continue its
discussion of a Social Framework document dealing with
human service goals.
Informon Meeting: Horseback Riding Trails — Monday,
Marc} 27, 7ati.30 p.m., Conference Room E.
The.Council is sponsoring this meeting for people interested
in development of horseback riding trails in the Metropolitan
Area. Subjects to be covered include regional trail planning
and development as it relates to equestrian use, state trail
development in the Twin Cities Area and use of abandoned
railroad rights -of -way for horseback riding.
Transportation Subcommittee of the Physical Development
Committee— Wednesday, March 29, 3 p.m., Conference
Room E.
The subcommittee will consider approval of five MTC
applications for state funds to finance regular route demon-
stration projects. The subcommittee will consider action on a
proposed Transportation Systems Management plan, which
identifies short -term, low- capital methods of meeting defici-
encies in the "Region's tansporta ion system:- —
�/
Metro HRA Advisory Committee — Wednesday, March 29,
11 a.m., Conference Room A.
The committee is expected to act on a Council application
for HUD funds to subsidize an additional 200 units of Section 8
rental housing. It will continue its discussion of a plan under
which the Metro HRA would own and operate low- income
housing for large families.
911 Technical Advisory Committee —Thursday, March 30,
9 a.m., Council Chambers.
The committee will consider what the scope of services
should be for a long -term consultant contract. It will discuss
911 financing legislation and a report on design standards and
implementation issues for a regional 911 system.
Physical Development Committee — Thursday, March 30,
1:30 p.m., Council Chambers.
The committee is expected to action sewer facility plans
for Rockford and Watertown and will hear a Council staff
report on development conditions, history and policies
affecting water quality planning efforts. It will also hear a
Council staff report on reviewing applications from small
cities for Community Development block grants.
NOTE: These a &endas are tentative. Contact the Council's
Public Information Office at 291 -6464 to confirm this infor-
mation if you plan to attend any of the meetings.
Date:
To:
From:
Re:
1 DI OR1�D0
March 31, 1978
Mayor James Van Valkenburg
Kenneth E. Rosland, City Manager
MTC Appointments
I have been in contact with Kay Bach, President of the League of
Women Voters. She has submitted to me the following names from the
League that would possibly be interested in appointment:
Veown Victorsen 944 -2804 _
Mary Ann Razidlo 922 -7185 '' °i h"-j-
Thelma Rholl 925 -1520
Virginia Bodine 941 -1260 )� \
Dorothy Screeden 929 -2576
She has not contacted them at the present time, however, I am sure
will do so if the Council wants to proceed further in this matter.
Also,-attached is a list of Mr. Hyde's original Transit Committee
that may have a potential member for the MTC. Let's discuss this
further so we can proceed in presenting this to the total Council.
KR:md
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EDINA TRANSIT COMMITTEE - Meets on call, Conference Room
a i3al e,-� _
Bruce M. Gethin, 4707 Sunnyside Road (24)
9,-tl
927 -7259
George C. Hite, 4720 Aspasia Circle (35)
370 -6871
9.27 -4885 _
Mrs. Ann Overholt, 7 Overholt Pass (35)
944 -1610
Conrad A. Razidlo, 4237 Lynn Avenue (16)
854 -4928
922 - 7185_✓
Mrs. Veown Victorsen, 6440 Indian Hills Pass
(35)
944-2804—
Lester A. Wanninger, 5521 Warden Ave. (36)
540 -3444
929 -9797 `tar
/3 �`
Informational Sheet
Loring M. Staples, Jr.
1640 Xanthus Lane
Plymouth,.MN 55391 (phone 473 -9120)
Resident, City of.Plymouth for 21 years
Lifelong resident, Suburban Hennepin County
Political Affiliation: Independent Republican
Wife: Emily Staples, Senator DFL, District 43
Children: Mary (22 yrs.)
Tom (20 yrs.)
Greg (18 yrs.)
Kathryn (14 yrs.)
Occupation: Licensed Real Estate Broker.
1700 Soo Line Building
Minneapolis, MN 55402 (phone 333 -5644)
Experience: Mayor, City of Plymouth (1964 -1967)
Board of Directors, Hennepin County League of
Municipalities (1965 -1967)
Joint Powers Transit Commission, Suburban
Hennepin County (1966 -1967)
MTC Commissioner, Suburban Hennepin County,
(1967 -1977)
MTC representation to Employee's Pension Committee
(1971 -197]) -
Secretary MTC (1973 -1977)
Chairman of MTC Finance Committee (1967 -1972)
Member, Citizens League
Bi- partisan Legislative Endorsement
Senator Otto Bang - I.R., Edina - District 39
Rep. Mary Forsythe - I.R., Edina - District 39A.
Rep. Lon Heinitz - I.R., Plymouth - District 43A
Senator John Keefe - I.R., Hopkins -District 40
Senator William Kirchner - I.R., Richfield - District 37
*Rep. Pete Petrafeso - D.F.L., St. Louis Park - District 41B
Senator George Pillsbury - I.R., Wayzata - District 42
*Senator David Schaaf,- D.F.L., Fridley - District 46
Congressman Bill Frenzel - I.R. _ 3rd Congressional District.
*Co- authors 1977 Minn. Transit Bill
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� CORNERS OF NAOMI DR. AND DANENS DR.
DUE TO THE INCREASE IN TRAFFIC FLOW AND NUMBF.R OF CHILDREN
ON
,UAN,b-nS DR- AUD NAUMI DR-9 WE THL UNDERSIGNED PETITION THE CITY-
OF X;DllvA FOR STOP SIGnS AT THE CORNERS OF DANENS DRIVE AND NAOMI
DRIVES
4 11
--
~
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• PETITION FOR STOPSIGNS
CORNERS OF NAOMI DR. ARID DRlk
DUE TO THE INCREASE IN TRAFFIC FLOW AND NUMBER OF CHILDREN
DAMS DR, AND #4941 DR-* WE THE UMMSIGNED PETITION THE CITY,
OF EDINA FOR STOP SIGNS AT THE CORNBRS OF DAN=
5 - DR AND NAOMI--
DRIVU
a_� _61
'f A
� c
-All
Q , —la
r7
t
Dayton Hudson Properties
777 Nicollet Mail- Minneapolis, Minnesota 55402
April 4, 1978
Mr. Dennis Hansen
Hennepin County Traffic Engineering
Department of Transportation
320 Washington Avenue South
Hopkins, Minnesota,55343
RE: Dayton's, Home Store
7235 France Avenue South
Edina, Minnesota 55435
Dear Mr. Hansen,
Bather, Ringrose, Wolsfeld was hired by Dayton's to do a traffic
analysis for the new Dayton's 'Home Store. Attached, for your review,
is the Traffic Analysis submitted to me by Jim Benshoof.
Dayton's concern of traffic problems at the corner of France and
Gallagher appear to be validated by B.R.W.'s study, "...is expected that
the intersection would meet traffic signal warrant 2 for at least the
minimum eight hours per day."
Thusly, this letter constitutes Dayton's request to the Hennepin
County Department of Transportation to initiate procedures to obtain
traffic signals at the subject intersection.
Please advise what timetable you will be working toward satisfying
this request. We feel that signals are urgently needed at this intersection.
Note that this letter and report -have been forwarded to Fran Hoffman,
Edina's Traffic Engineer.
Respectfully,
DAYTON HUDSON PROPERTIES
Morgan K. Nelson
Project Manager
MKN /ste
attachment
cc : _ Fran Hoffman
CF JP v
R
UROA,
PLANMN�G ANSPORTATION/ENGINEERING/ARCFATECTURE
March 21, 1978
Mr. Morgan K. Nel son
Project Manager
Dayton Hudson Properties
777 Nicollet 11all
Minneapolis, Minnesota 55430
Re: Traffic Analysis for New Dayton's Southdale Home Store
Dear Morgan:
In response..to your request, BRW has analyzed the need for a traffic si
gnal at the
intersection of the entrance to the new Dayton's Southdale Home Store with France'
Avenue. The basic layout of the intersection is shown below.
GJ
L)
S-
Gallagher Dr.
��ay for new Home Store
�U
Presently, the traffic on Gallagher Drive and the driveway for the Home Store are
subject to stop sign control at France Avenue.
�V,AR'2 7 0`9
I1%TFIER,WJGROSE. V.YOLSFEL.D. JARVIS. GARDNER. INC 7101 NrR( AV, ' JE SOUTH MINNEAPOLIS.IVIN 55435 PHONE 612/a3t-2300
Mr. Morgan K. Nelson
March 21, 1978
Page 2
Counts were made of existing volumes at the intersection, projections were made of
traffic generated by the new Southdale Home Store, and the resultant traffic
volumes were related to the volumes needed to meet traffic signal warrants.
Analysis of Traffic Volumes at Intersection
To gain an understanding of existing volumes, counts were conducted of traffic..
approaching the intersection from the west on Gallagher, from the north on France
Avenue, and from the south on France Avenue. Volumes were recorded on December 20
and 21, 1977, on an hour -by -hour basis for a 24 -hour period. To estimate volumes
generated by the new Home Store, a count Has made of traffic exiting from the
Dayton's Rosedale Home StorE on December 21 and 22, 1977. This count showed that a
total of 573 vehicles exited from the Rosedale Home Store during a 24 -hour period.
The Southdale Home Store will be 46 percent larger than the Rosedale Store and is
expected to generate.73 percent more sales per square foot. Utilizing these
factors, the Southdale store is expected to generate 2.5 times the traffic
generated by the Rosedale store or 1430 exiting vehicles per day. The two -way
trip generation would be double this amount or. 2860 vehicle trip ends per day. A
method of checking this number is to apply a typical trip generation rate for this
type of development of 40 vehicle trip ends per 1,000 square feet per day to the
net sales area of the store (65,000 square feet). This results in a trip
generation of 2,600 vehicle trip ends per day, which is only slightly lower than
the 2,860 vehicle trip _ends _per day determined through usage of the count at the
Rosedale store. Thus, the count at the Rosedale store is used for analysis
purposes s. For each hour during a 24 -hour period, the actual count of traffic
exiting from the Rosedale store was multiplied by 2.5 to determine the estimated
hourly volume that would be exiting from the Southdale Home Store and approaching
the intersection at France Avenue.
The results of this analysis in terms of 24 -hour volumes approaching the
intersection are shown below.
a,
d
o
N N
In U
� b
Gallaqher Dr. ' .Driveway
2,140 1,430
C)
Ln
-;;I- FN.
for new Home Store
Mr. Morgan K. Nelson
March 21, 1978
Page 3
Relationships of Volumes to Traffic Signal Warrants
The relationships of the hourly volumes to-the volumes needed to warrant a traffic
signal are shown in Figure 1. This figure shows. that the volumes meet warrant 2
for 12 hours a day, which is four hours more than the minimum requirement. One
could argue that the volumes are unrepresentatively high since the counts were
conducted during the week before Christmas. On the other hand, the volumes for
France Avenue and Gallagher Drive do not include any new trips oriented to the new
Southdale Home Store, which means that the volumes used in the Enalysis are lower
than actually would bE! experienced following completion of the Home Store. Though
these factors may cause the volumes under "representative" conditions to vary
somewhat from the recorded values, it still is expected that the intersection
would meet traffic signal warrant 2 for at least the minimum 8 hours per day.
Sincerely,
BATHER- RINGROSE- ',JOLSFELD- JARVIS- GARDNER, INC.
James A. Benshoof
JEB:nb
HOURLY
HOURLY V
APP. #1 (FROM NORTH ON FRAN
A. M.
P.M.
DP. #3 (FROM SOUTH ON FRANC
3 10 12 2 4 6 8. 10
A. M. P.M.
Total Hourly Vol. App. §1 & `3
Rol
>
10 -12 2. 4 6 -8 rO
A. M. P.M.
HOURLY VOL',APP. #2 (FROM WEST ON GALLAGHER)
>
a 1-0— 12 2 47 6 8 1101.
A. M. P.M.
HOURLY VOL APP. #4 (FROM EAST ON HOME STORE DRIVEWAY)
W
E
> 175;
m �
-n
C:
m
Hourly Vol. of Ped-s.' Crossing Major Streett.
. (Plot each x—vialk separately)
w
E
0
A. M. P.M.
I
%0.
o
>
a 1-0— 12 2 47 6 8 1101.
A. M. P.M.
HOURLY VOL APP. #4 (FROM EAST ON HOME STORE DRIVEWAY)
W
E
> 175;
m �
-n
C:
m
Hourly Vol. of Ped-s.' Crossing Major Streett.
. (Plot each x—vialk separately)
w
E
0
A. M. P.M.
I
%0.
o
C:
m
Hourly Vol. of Ped-s.' Crossing Major Streett.
. (Plot each x—vialk separately)
w
E
0
A. M. P.M.
I
%0.
o
w
E
0
A. M. P.M.
I
%0.
o
I
%0.
o
8126 Colfax South
Bloomington Mn 55420
881 2461
March.30, 1978
CITY OF BLOOMINGTON CITY OF EDINA
TRAFFICS MANAGEMENT - and - TRAFFIC MANAGEMENT
BLOOMINGTON MN EDINA, MN.
Sirs:
It comes to my attention that you should look into the traffic snarls
that occur morning and evening (work start and close) on the Bush Lake
Road at 78th Street. Also, the service road entrance onto Bush Lake
Road, just south of the #494 Eastbound Freeway entrance, is a traffic
snarl.
I work at 74th 6 E. Bush Lake Road. At 4:30 there is often a line up
on Bush Lake Road to cross 78th street (now governed by a 4 way stop)
up to 25 cars. Not only is this a gas waste, but a very accident prone
intersection. Once;you: get across 78th street, you have to line up
(which really causes a snarl) to get onto the eastbound entrance to
#494 ... because there is no stop sign on the southside service road
onto East Bush Lake Road. So you again have to wait and snarl traffic
til there is an opening (often 20 cars exit from the service road onto
Bush Lake Road, and then onto the #494 eastbound freeway) ... this backs
things up at 78th and back farther on East Bush Lake Road.
I would suggest that you take a count of the traffic at that intersection
(78th G Bush Lake Road) ... and observe, at least, the service road mess.
Then....I would strongly suggest a traffic light at 78th 6 Bush Lake Road
be installed. And, a through -stop at the service road entrance onto
Bush Lake Road ... in order to better facilitate the traffic.
May I hear from you.
K. M.Saufferer
8126 Colfax South
Bloomington Mn 55420
(Office phone: 831 1133)
9:30 A.M.
Members present: Fran Hoffman
Gordon Hughes
Gene Bartz
Craig Swanson
Lowell Holman
Lois Coon, Edina Citizen's Safety Council
Others present: Ray O'Connell, Edina Citizen's Safety Council
Sandy Nelson, 5204 Danen's Drive
Scott T. Rex, 5209 Danen's Drive
Sue Kennedy, 5104 Benton Avenue
L. D. Jepson, 5024 Benton Avenue
Other residents from Danen's Drive
SECTION A
Requests on which the Committee recommends approval as requested or modified, and
the Council's authorization of recommended action.
1. Installation of a YIELD sign on Naomi Drive at Danen's Drive.
Residents on Danen's Drive request a 3 -way STOP on Danen's Drive at Naomi Drive.
(See attached petition.)
ACTION TAKEN:
Sandy Nelson and Scott Rex made presentations to the Committee concerning the
speed of vehicles traveling on Danen's Drive and Naomi. Various residents of
the area submitted letters voicing the opinion about traffic problems in the
neighborhood. A petition was signed by several area residents requesting STOP
signs at Danen's and Naomi Drive.
Captain Holman presented statistics on the number of accidents which have been
recorded for Danen's Drive and Naomi Drive. There have been no recorded
accidents for the years 1975, 1976 and 1977 at Naomi Drive and Danen's Drive.
Captain Holman also presented statistics on speed surveys which were conducted
over several days at different time intervals. Approximately 9% of the vehicles
clocked in radar exceeded the 30 MPH speed limit, but none more than 38 MPH.
Officers working the speed surveys recommended no STOP signs be erected.
Gordon Hughes moved that the Committee recommend installing a YIELD sign at
Naomi Drive and Danen's Drive with continued enforcement by the Police Depart-
ment and Public Works checking on any violations'of the clear view ordinance.
Mrs. Coon seconded. Motion carried 5 -1.
Traffic Safety Committee Minutes Page 2
April 11, 1978
2. Installation of a STOP sign for westbound Benton Avenue at Tingdale Avenue.
Residents on Benton Avenue request a fourth STOP sign for westbound Benton
Avenue at Tingdale Avenue. Currently, the intersection has a three -way STOP.
ACTION TAKEN:
Two residents from Benton Avenue made presentations to the Committee requesting
a fourth STOP sign at the intersection. The residents commented that drivers
become confused because they have to stop for eastbound Benton Avenue but not
westbound Benton. Gordon Hughes also indicated he thought the intersection
was confusing to the motorist. Captain Holman presented accident statistics for
the years 1975, 1976 and 1977, and there were no reported accidents. Captain
Holman also presented statistics on speed surveys that were conducted at the
intersection, as well as the number of stop sign violations by drivers.
Gordon Hughes moved that the Committee recommend the installation of a fourth
STOP sign for westbound Benton Avenue at Tingdale Avenue. Seconded by Gene
Bartz. Motion carried 4 -2.
3. Installation of an advisory sign warning bic
which runs from Aspasia Circle to West Shore
Drive, to stop before entering onto West Sho
clists traveli
Drive and just
e Drive.
g on the bike path
south of Dunham
Resident requests a STOP sign or an advisory sign at the end of the bicycle
path, where it meets West Shore Drive, warning bicyclist to stop before entering
onto West Shore Drive.
ACTION TAKEN:
Captain Holman moved that the Committee recommend approval of the request.
Mrs. Coon seconded the motion. Motion carried 6 -0.
4.- Council resolution to Hennepin County requesting a traffic signal be installed
at Gallagher Drive and France Avenue.
Dayton- Hudson Properties requests traffic signal installation at Gallagher Drive
and France Avenue. (See attached letter.)
ACTION TAKEN:
Fran Hoffman indicated that the traffic volumes needed to warrant a traffic
signal are more than the minimum requirements. Captain Holman indicated that,
in the interest of public safety, traffic signals are needed at the intersection.
Chief Swanson moved that the Committee recommend installing traffic signals at
the intersection of Gallagher Drive and France Avenue. Seconded by Gordon Hughes.
Motion carried 6 -0.
Traffic Safety Committee Minutes
April 11, 1978
Page 3
5. A letter be sent to the Minnesota Department of Transportation requesting a
barrier be built between the exit ramp off northbound Highway #100 at Eden
Avenue and the entrance ramp to northbound Highway #100 off southbound Grange
Road.
Resident requests further - action be taken to better control vehicle traffic as
it exits off northbound Highway #100 at Eden Avenue.
ACTION TAKEN:
Chief Swanson indicated that, if barriers were erected immediately adjacent to
the exit ramp, vehicles leaving the roadway would become subject to more damage
than possibly a need for a wheel alignment. A better solution would be to
erect a barrier well away from the exit ramp off northbound Highway #100 at
Eden Avenue, but yet in a position to protect the vehicles using the entrance
ramp to northbound Highway #100 off southbound Grange Road.
Gordon Hughes moved that the Committee recommend approval of a letter to be sent
to the Minnesota Department of Transportation requesting a barrier be built
between the exit ramp off northbound Highway #100 at Eden Avenue and the entrance
ramp to northbound Highway #100 off southbound Grange Road. Seconded by
Chief Swanson. Motion carried 6 -0.
SECTION B
Requests on which the Committee recommends denial of request.
1. Resident requests STOP sign on southbound West Shore Drive at Dunham Road.
ACTION TAKEN:
Captain Holman indicated that there has been only one accident at this location
over the past three years. Captain Holman also indicated that the traffic volume
on West Shore Drive is a temporary condition as the east frontage road from
Hibiscus Avenue to West 70th Street is closed due to Highway #100 reconstruction.
Gordon Hughes moved that the Committee recommend denial of the request based on
lack of warrants. Seconded by Captain Holman. Motion carried 6 -0.
2. Resident requests STOP sign at West 69th Street and Antrim Road.
ACTION TAKEN:
Captain Holman indicated there have been two accidents at this location, both in
1976. Fran Hoffman indicated that Antrim Road already is stopped at West 70th
Street and West 68th Street. Mrs. Coon moved that the Committee recommend
denial of the request based on lack of warrants. Seconded by Chief Swanson.
Motion carried 6 -0.
Traffic Safety Committee Minutes
April 11, 1978
SECTION C
Requests which are deferred to a later date or referred to others.
Page 4
1. Request to have drop -arm signalization at all RR crossings within Edina.
ACTION TAKEN:
Fran Hoffman reported that he has not been able to contact officials of the
Northfield and Southern Railroad regarding this request. Chief Swanson moved
that the request be deferred pending a study by the Engineering Department.
Seconded by Gordon Hughes. Motion carried 6 -0.
2. Request for a STOP sign on West 69th Street at Xerxes Avenue South controlling
eastbound traffic on West 69th Street.
ACTION TAKEN:
Fran Hoffman indicated that the City of Richfield has already installed a STOP
sign for westbound traffic on West 69th Street at Xerxes Avenue. Fran Hoffman
also indicated that the configuration of the intersection may not be conducive
for the installation of a STOP sign for westbound traffic on West 69th Street.
Gordon Hughes moved that the Committee recommend deferral of any action based
on further study by the Engineering Department. Seconded by Mrs. Coon. Motion
carried 6 -0.
3. Review of proposed ordinance on mandatory bicycle licensing in Edina.
ACTION TAKEN:
Mrs. Coon indicated that the Edina Citizen's Safety Committee and the Bicycle
Safety Committee are already reviewing the proposed ordinance on mandatory
bicycle licensing in Edina. Fran Hoffman stated that the proposed ordinance
should also be reviewed as to its relevance to the Traffic Safety Committee.
Chief Swanson moved to delay any action by the Traffic Safety Committee pending
a study by the Edina Citizen's Safety Committee and the Bicycle Safety Committee.
Seconded by Mrs. Coon. Motion carried 6 -0.
4. Review of traffic accident problem at Vernon Avenue and Interlachen Boulevard.
ACTION TAKEN:
Captain Holman indicated that the intersection of Vernon Avenue and Interlachen
Boulevard has become prone to traffic accidents for the months of January and
February, 1978, although no accidents were reported for March, 1978. Chief
Swanson moved to delay any action pending a study by the Engineering Department
to examine traffic patterns and to conduct traffic counts. Seconded by Gordon
Hughes. Motion carried 6 -0.
Traffic Safety Committee Minutes Page 5
April 11, 1978
5. Request for a traffic signal at the intersection of West 78th Street and East
Bush Lake Road. (See attached letter.)
ACTION TAKEN:
Captain Holman indicated there have been two accidents at this intersection,
one in 1976 and one in 1977. Chief Swanson moved to delay any action on this
request pending a study by the City of Edina, the City of Bloomington, and
Hennepin County. Gordon Hughes seconded the motion. Motion carried 6 -0.
6. Traffic concerns of the Cornelia School P.T.A.
ACTION TAKEN:
The Cornelia School P.T.A. is concerned with traffic volumes on West 70th Street
due to the upgrading and reconstruction of Highway #100 and the improvements
made on West 70th Street by Hennepin County. Gordon Hughes moved to delay a
reply to the Cornelia School P.T.A. pending a check with the State of Minnesota
on projected traffic volumes for West 70th Street. Seconded by Mrs. Coon.
Motion carried 6 -0.
Lois Coon moved the meeting be adjourned.
6 -0.
Re4ectfull% u itted
olman, „ 11 Secretary
Edina Traffic Safety Committee
Seconded by Chief Swanson. Motion carried
PF,TITION FOR STOPSIGNS
CORNERS OF NAOMI DR. AND DANENS DR. �
I
DUE TO THE INCREASE IN TRAFFIC FLOC[ AND NUMBER OF CHILDREN 0Pi`_
VAbb -BS DR. AND NAOMI DR., WE .THE, U.NDLRSIGNED PETITION THE CITY-
OF r.DIbA FOR S'L'OP SIGNS AT THE CORNERS OF DANENS DRIVE AND NAOMI
DRIVEr
• PETITION FOR STOPSIGNS
CORNERS OF NAOMI DR. AND DANEN9 DR.
i
DUE TO THE INCREASE IN TRAFFIC FLOW AND tNU_X ER Q! CHIMRM._ON__
DAMS DR. AND 49MI DR. # WE THE UNDERSIGMM PETITION THE CITY_
OF EDINA FOR STOP SIGNS AT THE CORNERS OF DANEN3 DRIVE AND NA0M
DRIVE=
A/
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o
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�C• �, ``Jl_ -.:. �f�-1 I � "G rh=�.l � (� GL�L -i: � +� — ��_�� 7 — f `C�.%c� t1,Q� `"TiL'' � . .
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- -- � - - -- - - - - -- -- �'`�- �-------------= �- - - -.__ ate, �C'
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m
Dayton Hudson Properties
777 Nicollet Mail- Minneapolis, Minnesota 55402
April 4, 1978
Mr. Dennis Hansen
Hennepin County Traffic Engineering
Department of Transportation
320 Washington Avenue South
Hopkins, Minnesota,55343
RE: Dayton's, Home Store
7235 France Avenue South
Edina, Minnesota 55435
Dear Mr. Hansen,
Bather, Ringrose, Wolsfeld was hired by Dayton's to do a traffic
analysis for the new Dayton's -Home Store. Attached, for your review,
is the Traffic Analysis submitted to me by Jim Benshoof.
Dayton's concern of traffic problems at the corner of France and
Gallagher appear to be validated by B.R.W.'s study, "...is expected that
the intersection would meet traffic signal warrant 2 for at least the
minimum eight hours per day."
a
Thusly, this letter constitutes Dayton's request to the Hennepin
County Department of Transportation to initiate procedures to obtain
traffic signals at the subject intersection.
Please advise what timetable you will be working toward satisfying
this request. We feel that signals are urgently needed at this intersection.
Note that this letter and report have been forwarded to Fran Hoffman,
Edina's Traffic Engineer.
Respectfully,
DAYTON HUDSON lPROPER IES
Morgan K. Nelson
Project Manager
MKN /ste
attachment
cc: Fran Hoffman
CF #5
PLANNING/ TRANSPORTATION/ ENGINEERING /ARCHITECTURE
March 21, 1978
_ Mr. Morgan K. - Nelson
Project Manager
Dayton Hudson Properties
777 Nicollet Mall
Minneapolis, Minnesota 55430
Re: Traffic Analysis for New Dayton's Southdale Home Store
Dear Morgan:
In response..-to your request, BRW has analyzed the need for a traffic signal at the
intersection of the entrance to the new Dayton's Southdale Home Store with France.
Avenue. The basic layout of the intersection is shown below.
a
U
C •
S-
Gallagher Dr. u Driveway for new Home Store
FN
Presently, the traffic on Gallagher Drive and the driveway for the Home Store are
subject to stop sign control at France Avenue.
MAP. R93
BATHER, R; NGROSE .WOLSPEI.D,JARVIS.GARDNERYNC 7101 YORK AV, JE SOUTH MINNEAPOLIS. MN 55435 PHDNE 612/831 -2300
Mr. Morgan K. Nelson
March 21, 1978
Page 2
Counts were made of existing volumes at the intersection, projections were made of
traffic generated by the new Southdale Home Store, and the resultant traffic
volumes were related to the volumes needed to meet traffic signal warrants.
Analysis of Traffic Volumes at Intersection
To gain an understanding of existing volumes, counts were conducted of traffic
approaching the intersection from the west on Gallagher, from the north on France
Avenue, and from the south on France Avenue. Volumes were recorded on December 20
and 21, 1977, on an hour -by -hour basis for a 24 -hour period. To estimate volumes
generated by the new Home Store, a count Has made of traffic exiting from the
Dayton's Rosedale Home StorE on December 21 and 22, 1977. This count showed that a
total of 573 vehicles exited from the Rosedale Home Store during a 24 -hour period.
The Southdale Home Store will be 46 percent larger than the Rosedale Store and is
expected to generate 73 percent more sales per square foot. Utilizing these
factors, the Southdale store is expected to generate 2.5 times the traffic
generated by the Rosedale store or 1430 exiting vehicles per day. The two -way
trip generation would be double this amount or 2860 vehicle trip ends per day. A
method of checking this number is to apply a typical trip generation rate for this
type of development of 40 vehicle trip ends per 1,000 square feet per day to the
net sales area of the store (65,000 square feet). This results in a trip
generation of 2,600 vehicle trip ends per day, which is only slightly lower than
the 2,860 vehicle trip ends per day determined through usage of the count at the
Rosedale store. Thus, the count at the Rosedale store is used for analysis
purposes. For each hour during a 24 -hour period, the actual count of traffic
exiting from the Rosedale store was multiplied by 2.5 to determine the estimated
hourly volume that would be exiting from the Southdale Home Store and approaching
the intersection at France Avenue.
The results of this analysis in terms of 24 -hour volumes approaching the
intersection are shown below.
Q,
0
N Ql
If) U
G? 23
rl i
Gallaqher Dr. U Driveway
2,140 1,430
o FN Ln
for new Home Store
fir. Morgan K. Nelson
March 21, 1978
Page 3
Relationships of Volumes to Traffic Signal Warrants
The relationships of the hourly volumes to the volumes needed to warrant a traffic
signal are shown in Figure 1. This figure shows that the volumes meet warrant 2
for 12 hours a day, which is four hours more than the minimum requirement. One
could argue that the volumes are unrepresentatively high since the counts were
conducted during the week before Christmas. On the other hand, the volumes for
France Avenue and Gallagher Drive do not include any new trips oriented to the new
Southdale Home Store, which means that the volumes used in the znalysis are lower
than actually would bE: experienced following completion of the Home Store. Though
these factors may cause the volumes under "representative" conditions to vary
somewhat from the recorded values, it still is expected that the intersection
would meet traffic signal warrant 2 for at least the minimum 8 hours per day.
Sincerely,
BATHER - RINGROSE- WOLSFELD- JARVIS- GARDNER, INC.
James A. Benshoof.
H
•
JEB:nb
;:
y
fir. Morgan K. Nelson
March 21, 1978
Page 3
Relationships of Volumes to Traffic Signal Warrants
The relationships of the hourly volumes to the volumes needed to warrant a traffic
signal are shown in Figure 1. This figure shows that the volumes meet warrant 2
for 12 hours a day, which is four hours more than the minimum requirement. One
could argue that the volumes are unrepresentatively high since the counts were
conducted during the week before Christmas. On the other hand, the volumes for
France Avenue and Gallagher Drive do not include any new trips oriented to the new
Southdale Home Store, which means that the volumes used in the znalysis are lower
than actually would bE: experienced following completion of the Home Store. Though
these factors may cause the volumes under "representative" conditions to vary
somewhat from the recorded values, it still is expected that the intersection
would meet traffic signal warrant 2 for at least the minimum 8 hours per day.
Sincerely,
BATHER - RINGROSE- WOLSFELD- JARVIS- GARDNER, INC.
James A. Benshoof.
H
•
JEB:nb
HOURLY VOL APP. #1 (FROM NORTH ON FRANCE)
/jy i I j li ( � � i l i
6 8 10 12 2 4 6 8 10
A.M. P.M.
HOURLY VOL APP. #3 (FROM SOUTH ON FRANCE)
> JIL,
6 8 10 12 2 4 6 8. 10
A.M. P.M.
8 10 12 2 4- 6 8 1
A.M. P.M.
HOURLY VOL'APP. #2 (FROM WEST ON GALLAGHER)
>
0
Z ,-
6 8 10 12 2 4 6 8 101
A.M. P.M. I
rnd
0 • ru
0 (,0
HOURLY VOL APP. #4 (FROM EAST ON HOME STORE DRIVEWAY)
I I
/z:
0
> 1-15
cz;
�61
-n
m
--Wb
8 1.0 12- —2 4 6 8 10
A.M. P.M..
Hourly Vol. of Peds, Crossing Major Street
(Plot each x-walk separately)
GAME
>
A.M.
-n
0
N)
%0
.A
-PA
co
4
4
8126 Colfax South
Bloomington Mn 55420
881 2461
March 30, 1978
CITY OF BLOOMINGTON CITY OF EDINA
TRAFFICS MANAGEMENT - and - TRAFFIC MANAGEMENT
BLOOMINGTON MN EDINA, MN.
Sirs:
It comes to my attention that you should look into the traffic snarls
that occur morning and evening (work start and close) on the .Bush Lake
Road at 78th Street. Also, the service road entrance onto Bush Lake
Road, just south of the #494 Eastbound Freeway entrance, is a traffic
snarl.
I work at 74th G E. Bush Lake Road. At 4:30 there is.often a line up
on Bush Lake Road to cross 78th street (now governed by a 4 way stop)
up to 25 cars. Not only is this a gas waste, but a very accident prone
intersection. Once;you get across 78th street, you have to line up
(which really causes a snarl) to get onto the eastbound entrance to
#494 ... because there is no stop sign on the southside service road
onto East Bush Lake Road. So ... you again have to wait and snarl traffic -
tit there is an opening (often 20 cars exit from the service road onto
Bush Lake Road, and then onto the #494 eastbound freeway) ... this backs
things up at 78th and back farther on East Bush Lake Road.
I would suggest that you take a�count of the traffic at that intersection
(78th G Bush Lake Road) ... and observe, at least, the service road mess.
Then....I would strongly suggest a traffic light at 78th 6 Bush Lake Road
be installed. And, a through -stop at the service road entrance onto
Bush Lake Road ... in order to better facilitate the traffic.
May I hear from you.
K. M.Saufferer
8126 Colfax South
Bloomington Mn 55420
(Office phone: 831 1133)
0
.�+ J� - --
Mayor James Van Valkenburg
Edina City Hall
4801 West 50th Street
Edina, Minnesota 55424
1
L41 a -,.,G-
Mr. J. L. Conda al
5237 Interlachen Qou evard
Edina, Minnesota 55436
April 4, 1978
Dear Mayor Van Valkenburg:
Approximately a year ago I spoke to the Edina Safety Director and
Coordinator about the potential of a serious hazard on the exit rar.:a
coming off Highway 100 as you head north at 50th Street. Throw lout
i id
this past winter I counted ten where s f;;j11('
off the 50th Street exit ramp. that is used by people co
carried all the way into the entrance ramp start gong north, of 50th Street and entering Highway 100 as they
cognize that this intersection is under the jurisdiction asked
1. I re cog but I can't help but believe
the Highway Department,
f the exit ramp.
them wen they are going to correct the hazards o
h t »t
something couldn't be done.
tive action
I would
like to believe the correc can bmovedrtoo bloV4.
we have a serious or fatal accident because bur tact, I believe wore thAll
Since I have waited a year since my I would be in Y
enough time has elasped.
PI ease discuss this situation with Your :�> >''ty
director and the state
of Minnesota i discussionssary:
interested to know
Sincerely,
J. L. Conda
Mr. J. L. Conda
5237 Interlachen Bou evard
Edina, Minnesota- 55436.
April 4, 1978
Mayor James Van Valkenburg
Edina City. Hall
4801 West 50th Street
Edina, Minnesota 55424
OA
Dear Mayor Van Valkenburg:
Approximately a year ago I spoke to the Edina Safety Director and
Coordinator about the potential u head north1ats50thaStreet. Throughout
coming off Highway 100 as yo
this past winter I counted ten occasions here nirthboundtp ople ksid
off the 50th Street exit ramp. that is used by people coming
carried all the way into the entrance ramp start going north.
off of 50th Street and entering Highway 100 as they
I reco nize that this intersection is under ithe jurisdiction Of
9
the Highway Department, but I can t help but be
them when they are going to correct the hazards of the exit ramp. that
something couldn't be done.
I
would like to believe the corrective act ioncrac bmovedrtoo beu►+r`a
we have a serious or fatal accident because albcontact, I believe wore t.hall
Since I have waited a year since my
enough time has elasped. Please discuss thisnsituation w, ith would rbe��vrry
state of Minnesota -director and the
interested to know-the outcome of your discussion.` .
Sincerely,
J. L. Conda
Xt 7'
ie- d <
/'IGA
00 In /"n t w
a
C.
C
MINUTES
TRAFFIC SAFETY COMMITTEE
JULY 12, 1977
9:30 A.M.
Members present: Robert Dunn
Lowell Holman
Gordon Hughes
Ray O'Connell
Craig Swanson
Members absent: Adam Batko
Lois Coons
Staff absent: Fran Hoffman
SECTION A
Requests on which the Committee recommends approval as requested or modified,
and the Council's authorization of recommended action.
1. Police reauest for STOP AHEAD sign at Belmore and Monroe for east-
. bound Belmore. Hedges do not allow good visibility of STOP sign.
ACTION TAKEN:
Hughes moved that the Committee recommend additional trimming and
replacement of 24" STOP with 30" STOP. Swanson seconded the motion.
Motion carried
2. Mr. Buresh, Director of Public Safety, requests consideration on
the potential safety hazard at the northbound Highway 100 off -ramp
at Eden Avenue. He notes that people are exiting the highway too
fast for conditions and hitting the curb with the potential of
going over the curb and striking vehicles entering the Highway 100 .
on -ramp.
ACTION TAKEN:
O'Connell moved that-the Committee recommend that the City Council
write to the Minn. D.O.T. calling their attention to the situation
and suggesting consideration of additional delineation,signing (such
as "CURVE SHARPENS "), guard rail, rumble strip or whatever else
might effect the necessary warning. Hughes seconded the motion.
Motion carries.
August 26, 1977
Mr. R. M. Robinson
Traffic Engineer
Golden Valley District
MINNESOTA DEPARTMENT OF TRANSPORTATION
2055 North Lilac Drive
Golden Valley, Minnesota 55422
Dear Mr. Robinson:
City of x,170 0
4801 WEST FIFTIETH STREET • EOINA. MINNESOTA 87424
927 -8861
The Edina Traffic Safety.Committee with the support of the City Council,
requests consideration on additional delineation, signing (such as "CURVE
SHARPENS ") guard rail, rumble strip, or whatever else might affect necessary
warning for the northbound off -ramp of TH 100 at Eden Ave. and W. 50th Street.
The Edina Department of Public Safety has noted on many occasions, skid marks
along the exit ramp, and a few vehicles jumping the curb into median between
off -ramp and on -ramp of TH 100. Their major concern is the potential hazard
of a vehicle jumping the curb and striking a vehicle or the on -ramp.
Please advise us of what action may be taken to alleviate the problem.
Thank you.
Sincerely,
Francis J. Hoffman.
Assistant City Engineer
Traffic and Safety
FJH /1 kw
��NNESpr
n� y° Minnesota Department of Transportation
a
3 O� District Five
+r OF 7aW 5801 Duluth Street
Golden Valley, Minnesota 55422
(612)545 -3761
September 13, 1977
Mr. Francis J. Hoffman
Assistant Edina City Engineer
4801 West 50th Street
Edina, MN 55424
RE: C.S. 2733 (T.H. 100)
At West 50th Street
Signing
Dear Mr. Hoffman:
In response to your letter of August 26, 1977, a field inves-
tigation was conducted at the above referenced location. The
skid marks on the left curb, which you mentioned, are quite
apparent.
We will install additional warning signs and delineation on.
the ramp to guide vehicles using this ramp. The area.will.be
monitored in the future to evaluate the effect of these addi-
tional measures. If it is not effective further steps shall
be taken to alleviate this problem.
Thank you for bringing this to our attention.
Sincerely,
/' %� G �J�3 -11'1
R. M. Robinson, P.E.
District Traffic Engineer
RMR:mh
An Equal Opportunity Employer
Traffic Safety Committee Minutes Page 3
April 11, 1978
5. A letter be sent to the Minnesota Department of Tra
barrier be built between the exit ramp off northbou
Avenue and the entrance ramp to northbound Highway
nsportation
Ott sou
uesting a
at Eden
ound Grange
Resident requests further action be taken to better control vehicle traffic as
it exits off northbound Highway #100 at Eden Avenue.
ACTION TAKEN:
Chief Swanson indicated that, if barriers were erected immediately adjacent to
the exit ramp, vehicles leaving the roadway would become subject to more damage
than possibly a need for a wheel alignment. A better solution would be to
erect a.barrier well away from the exit ramp off northbound Highway #100 at
Eden Avenue, but yet in a position to protect the vehicles using the entrance
ramp to northbound Highway #100 off southbound Grange Road.
Gordon Hughes moved that the Committee recommend approval of a letter to be sent
to the Minnesota Department of Transportation requesting a barrier be built
between the exit ramp off northbound Highway #100 at Eden Avenue and the entrance
ramp to northbound Highway #100 off southbound Grange Road. Seconded by
Chief Swanson. Motion carried 6 -0.
SECTION B
Requests on which the Committee recommends denial of request.
1. Resident requests STOP sign on southbound West Shore Drive at Dunham Road.
ACTION-TAKEN:
Captain Holman indicated that there has been only one accident at this location
over the past three years. Captain Holman also indicated that the traffic volume
on West Shore Drive is a temporary condition as the east frontage road from
Hibiscus Avenue to West 70th Street is closed due to Highway. #100 reconstruction.
Gordon Hughes moved that the Committee recommend denial of the request based on
lack of warrants. Seconded by Captain Holman. Motion carried 6 -0.
2. Resident requests STOP sign at West 69th Street and Antrim Road.
ACTION TAKEN:
Captain Holman indicated there have been two accidents at this location, both in.
1976. Fran Hoffman indicated that Antrim Road already is stopped at West 70th
Street and West 68th Street. Mrs. Coon moved that the Committee recommend
denial of the request based on lack of warrants. Seconded by Chief Swanson. -
Motion carried 6 -0.
4au Ct.tm 1304d. Form No. 31 —h1. 111111rr -Da•1• Co.. Minneapolis. 611rnn.
Corporation to Corporattoo. Minnesota Uniform Conryuicing Wanks 11931). 1
OWe 3hibe 1turc, Jfaele this. ........ ............13th.. tiny I, / ..... Oct, Ober ......... ................... 1.9.7.7....... f
abtheen ......
:...... abz..-. Tk.... Incorpora. t. e. �1 .................................................................................................. ...............................
i
Wisconsin
a corporation unties the laws of tl1e..Slate nj .............................. ........... ...................... ......... a,E► o the first part, and
1 ,P J f fi p ,
... Ci. Cy... .of....Ed.ina.�....a...municipa ............................................................................................................. ...............................
a corporation tender the laws u Cite State o Minnesota
I j f ............... .................... ................................................................................................ .....
,
party of the second part,
U1itnr53et1j, That the said party of the first part, in consideration of the su7n of
..On.e .... D.oll.a r.... a.n.d ... o.t.he. r..... go.. Q.d.... c.on.s
to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged,
duns hereby Grant, Bargain, Quitclaim, and Convey unto the. said party of the second part, its successors
and assigns, Forever, all the tract........ or parcel _ ... ... of land lying and being in the County of ........................
....Henne. pin ... ...... .. ............ .I ... _... and State of alinnesula, described (is follows, to -wit:
A perpetual easement for roadway and utility purposes over, under
and across:
That part of Tract A, Registered Land
Survey No. 1145, files of Registrar of
Titles, County of Hennepin lying North
of a line drawn parallel with and 30
feet South of the North line of said
Registered Land Survey No. 1145 and
East of Tract C, Registered Land Sur-
vey No. 1378.
The grantor herein, Fabri -Tek, Incorporated, is named as lessee
in that certain lease agreement recorded as document No. 1011564, files
of the Registrar of Titles, Hennepin County.
State Deed Tax Hereon Due: $2.20.`
J
Lro �f)ibe aiib to :V)o1b t1jr rbaute, Together with all the liereditaments and appurtenances there-
unto belong ine or in anywise c7pportaining, to the skid party of the second part, its successors and assigns,
Forever.
�/ 31!1 Lrcoti!!!otth K111berrof, The said first port) has caused throe
Unit t;utm 13044 _ ...... . '—........ ,,...
orm o.
Corpontlon to Corporation. -- bllnnesota Unlfortn CunierancinQ UIanL4 (1931).
January 78
l� t. h 1n�fl4�S xr. 1�ff
f)�N 11Iirlti C .►l,t,t� this .......... .... ..; �Lt�y „ /... t�..........,
nion erica 4ortgage and Equity Trusty a California Real Estate
bet:. een .:............... ..... ...............
investment Trust','.'having its. principal place of business at the "City of
Los Angeles, County of Los Angeles and State of California,
rKl{ r}£ jf. 1i? flt�rKtC Xc�i #X1te`tfiErXr�{�4j�7V2rh�lllkX+ ............. ... ............ ......... ..:.: ............................ ...... .., party of the first part, and
Ci.ty..... o.f .... zdina.. ..... a...mu.n.i c.ip a.I ............................................................................................................................ ...............................
Xcorporalion under the laws of the Slate of ...Mi nne. so. t. a ..................................................... ............................... r
party :of the second part,'
WT;litncnet1 , That lite. said �a,•ty o the ££t.rst part,, in e071sideration o the suin of
One Dollar and oter goo �nd vluable considerations -- - - -f --
............................................................... ...............................
to it in hand paid by tit.e said party of the second part, the receipt u ?hereof is hereby acicnowledeed,
does hereby (:rant, /amain, Quitclaim, and Convey unto the. said party of the second part, its successors
and assigns, Forever, all the It-art ........... or parcel......... of land lying and being in the County. of .......................
........ H. en. n. ep. 1n ...... ....... ........... ....... and Stale of :►linnesola, desrribrd its follows, to -u•il:
A perpetual easement for roadway and utility purposes over, under
and across:
That part of Tract A, Registered Land
Survey No. 1145, files of Registrar of
Titles, County of Hennepin lying North
of a'line drawn parallel with and 30
feet South of the North line of said
Registered Land Survey No. 1145 and
East of Tract C, Registered Land Sur-
vey No. 1378.
State Deed Tax Hereon Due: $ 5.50
To �fmbc it►ib to J001b tic game, Together with all the hereditaments and appurtenances there-
unto belonging or in anywise apperlainine, to the said party of llte second part, its successors and assigns,
Forever.
�eotimonp U11jerr0f, The said first party has caused these
DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY
JOHN W WINDMORST MICHAEL A OLSON
-HENRY HAlUOAT LARRY W. JOHNSON
JULE HANNAFORD THOMAS 5, HAY
ARTHUR S. WHITNEY G LARRY GRIFFITH
RUSSELL W LINDQUIST CRAIG A BECK
DAVID R BRINA DA ID L. MCCUSKEY
HORACE HITCH THOMAS O MOE
VIRGIL X HILL JAMES H. OHAGAN
ROBERT V TARBOA JOHN M. MASON
ROBERT J. JOHNSON MICHAEL W WRIGHT
MAYNARD B. HASSELOUIST LARRY L VICKREY
PETER DORSET LOREN R. KNOTT
GEORGE P. FLANNERY PHILLIP H. MARTIN
CU RTIS L. ROY REESE C JOHNSON
ARTHUR E. WEISBERG CHARLES J. HAUENSTEIN
DUANE E. JOSEPH CHARLES A GEER
JAMES B. VESSEY JOHN C ZWAKMAN
WILLIAM A. WHITLOCK JOHN R WICKS
EDWARD J. SCHWARTZBAUER EUGENE L JOHNSON
THOMAS M. BROWN JOHN W. WINDHORST. JR.
. CORNELIUS 0 MAHONEY.JR. MICHAEL PRICHARD
WILLIAM C. BABCOCK JOHN P. VITKO
THOMAS S. ERICKSON WILLIAM R. SOTH
MICHAEL E. BRES5 RICHARD G SWANSON
RAYMOND A. AEISTER FAITH L OHMAN
JOHN J. TAYLOR DAVID A RANHEIM
WILLIAM J HEMPEL ROBERT J SILVERMAN
JOHN S. HIBBS THOMAS R. 14ANTHEY
ROBERT 0 FLOTTEN WILLIAM R. HIBBS
JOHN D LEVINE PHILIP F. BOELTER
ROBERT J. STRUYK WILLIAM B PAYNE
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS,MINNES,OTA 55402
(612) 340 -2600
CABLE: DOROW
TELEX: 29-0606
TELECOPIER: (612) 340 -2868
1468 W -FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA 55101
1612) 227 -8017
115 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 55901
(507) 288 -3166
April 6, 1978
ROBERT A HEIBERG NICK R. NAY .
JOHN 0, KIRBY IRVING WEISER
ROBERT A SCHWARTZBAUER STEPHEN E, GOTTSCHALK
DAVID N FRONEK - THOMAS W. ELKINS
THOMAS W. TINKHAN KENNETH L CUTLER
JON F. TUTTLE GARY M.JOHNSON
EMERY W. BARTLE THOMAS W. FINN
WILLIAM A, JOHNSTONE JAY L, SENNETT
STEVEN K CHAMPLIN ROBERT G. BAYER
MICHAEL J. RADMER SUZANNE B. VAN DYK
MICHAEL TRUCANO STUART R. HEMPHILL
JAMES A FLADER J DAVID JACKSON
DAVID L BOEMNEN W CHARLES LANTZ
MICHEL A LAFOND DOUGLAS E. RAY
DON D. CARLSON STEVEN F. WOLGAMOT
PAUL J. SCHEERER J. MARQUIS EASTWOOD
DAN F. NICOL EDWARD J. PLUIMER
FRANK H VOIGT KENNETH W ERICKSON
WILLIAM M MIPPEE.JR. OWEN C. MARX
ROBERT A. BURNS JAMES E. BOWLUS
ROGER J. MAGNUSON GEORGE LCHAPMAN
J. ROBERT HIBBS THOMAS D. VANDER MOLEN
JAY F. COON MARK A JARBOE
STANLEY M REIN BRUCE D. BOLANDER
CHARLES L POTUZNIK
VERLANE L ENDORF
DENNIS P. BURATTI OF COUNSEL
GEORGEANN DECKER DONALD WEST
ROBERT L. MOBBINS WALDO F. MAROUART
BARRY D GLAZER GEORGE E. ANDERSON
PETER S, HENDRULSON JOHN F. FINN
Mr. Francis J. Hoffman`,__
Edina City Engineer i
4801 West 50th Street
Edina,'Minnesota 55424
Re: Londonderry Road
Dear Fran:
Pursuant to our conversation of yesterday, I enclose
the following:
1. A letter from Gerald T. Carroll, Jr., attorney
for Londonderry.
2. A
area over which
to grant a publ:
Edina.
3. A
of the proposed
drawing on which there is shown in blue the
Union America Mortgage and Trust is willing
Lc road and utility easement to the City of
survey showing in more detail -the location
easement.
4. One copy each of two deeds, one from Union
America Mortgage and Trust,,and one from Fabri -Tek, Incorpor-
ated, both granting perpetual easement for.roadway and utility
purposes to the City of Edina over the.area shown in blue on
the enclosed map and survey and described essentially as the
North 30 feet of Tract A, R.L.S. No. 1145.
Please review this material and advise me if the
City wishes to accept the easements. I shall advise Mr. Car-
roll of our decision, and if it is to accept the easements,
this matter should then be placed on the Edina Council agenda
for the next meeting so that the Council can take official
action accepting the roadway and utility easements.
Coration �to corporatiorL corm tw. v A rra.
orp Nlnneaota Uniform i ogme;anclna lllan►a 11931).
j(�L�)l �ilDCilrllCf, OIrtde this ....... ...............1.3.1..?........ ....... clay of_... Oct. obey ............................. ra.��.....,
between ....... :T. abri -..ek ........ Inc.o.rp..or.a.t.e . .. .............................
j
i
a corporation under the laws of the Stale o .......Wis.cons n ......... .............................., party of the first part, and j
G. Gy..... of.... Ed. ina ..... ...munic.p .al
................ ................ ........ ............. ..........................................................................................
a corporation under the laws u the State o Minnesota
P f f .............. ............................................................ ...............................
party of the second part,
MitnC55Ct1), That the said parly of the first part, in consideration of the suin of
Qne....D.0.1.l.ar.... and .... p.tbe r....go o.d....and... :va.l ua.ble.....c.Qns i d e.r.b.ti.an s.- ..- .- ..- .... ........
to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged,
dons hereby Grant, Bargain, Quitclaim-, and Convey unto the said party of the second part, its successors
and assigns, Forever, all the tract ... ..... ...or parcel......... of land lying and being in the County of ........................ i
....Henne. pin ...... ......... and State of Jlinnesuta, describrd its follows, to -wit:
A perpetual easement for roadway and utility purposes over, under
and across:
That part of Tract A, Registered Land
Survey No. 1145, files of Registrar of
Titles, County of Hennepin lying North
of a line drawn parallel with and 30
feet South of the North line of said
Registered Land Survey No. 114.5 and
East of Tract C, Registered Land Sur-
vey No 1378.
The grantor herein, Fabri -Tek, Incorporated, is named as lessee
in that certain lease agreement recorded as document No. 1011564, files
of the Registrar of Titles,,Hennepin County.
State Deed Tax Hereon Due: $2.20.
To �f),1be nnD to �()olb 11)e ba111C, Together with all the hereditaments and appurtenances there,
unto belonjfing or in anywise. appertaining, to the said party of the second part, its successors and assigns,
Fo rr ve r.
�� 3111 T' W611011p Zk'-lhCrcof, The said first party has caused these
vau claim De.e. Form 'No. 31 -M. 61111er•Darle Co., Minneapolis. 111"n-
Quit -� Quit Claim to Corporaffon Minnesota Uniform Conveyancing Blanks ,1911).
- -- ' 78
January ,
(, tl, tx6r�ttSt�tc 1�Ef'
e�i r. ii c�it��t•c, :11`,('(10 this ...........:.. day . f......:............ ..............................,
1 �............
'Union America Mortgage and E uit Trust a California Real Estate
between ............ ....... ,.... .............................� ....... . y..... .........
......►............................................ ...........,..:................
Investment Trust, having its principal place of business at the City o
Los Angeles, County of Los Angeles and State of California,
rK241fjk} }4K?,Kii?k8a7 X�6e`�df+X+ 4:"XT4 V) MX3Y4 ........... ....... ................ ......... .................................. party of the first part, and
C.. ty .....of.....d.�x�.a....... a... gnu. n. i
cipal ......................................................................................................................... ...............................
cxeorporalion :ender. the laws of the State of .... Mi nne. sO.. t. a ............................................................................. .............................., `1
1 `e
party of the second part,
'3
Ulitnc55eti), That tic e. sa'd arty of the - rst part,, in coyisicleration of the su?n of
One Dollar and other boo nd v luabfe considerations-- - - - - -- ,,qw
................................. ............................... ..:........................................................................................................ ...............................
to it in hand paid by Lice said party of th.e second part, the receipt whereof is hereby a.cicnou,•ledged,
dues hereby Grant, Bargain, Quitclaim, and Convey unto the. said party of the second part, its successors
and assigns, Forever, all the it I.......... or parcel......... of land lying and being in flee County of .......................
........Renne:p.in ...... ............................and State of alinnesola., described as fullotes, to -unit:
A perpetual easement for roadway and utility purposes over, under
and across:
That part of Tract A, Registered Land
Survey No. 1145, files of Registrar of
Titles, County of Hennepin lying North
of a line drawn parallel with and 30
feet South of the North line of said
Registered Land Survey No. 1145 and
East of Tract C, Registered Land Sur-
vey No. 1378.
State Deed Tax Hereon Due: $ 5.50
Lr,o �fmbe aiib to 3-f)olb the Together ceith all the her•editaments and appurtena.ncea there-
unto belonging or in anywise appertaining, to the said party of lire second part, its successors and assigns,
Forever.
RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY FIRE
AND AMBULANCE SERVICES BY FIRE CHIEF OR ASSISTANT
FIRE CHIEF IN EMERGENCY SITUATION
BE IT RESOLVED, by the Council of the City of Edina, Minnesota, as follows:
1. That the Council finds that instances have occurred in the past and can
be anticipated to occur in the future wherein there is danger by fire, haz-
ard, casualty, or other similar occurrence taking place or occurring out-
side the territorial limits of the City of Edina; and that by the suddenness
thereor it is impossible or impractical for the Council of the City of Edina
to meet and authorize the dispatch and use of City Fire Department equipment
and personnel to combat such fire, hazard, casualty or other similar occur-
rence.
2., The Council finds it is desirable and necessary therefore to authorize
the City Manager or any person or persons designated by him, to exercise his
own discretion, considering at all times and in each case.the internal needs
of the City of Edina and its inhabitants, to dispatch and use Fire Depart-
ment equipment and personnel of the City of Edina in such place and for such
time as he deems necessary to combat such fire, hazard, casualty or other
similar occurrence whether such fire, hazard, casualty or other similar occur-
rence takes place within or without the territorial limits of the City of
Edina; and it is hereby provided that such dispatch and use as directed by
the City Manager or his designee shall be fully authorized as an--act of the
City of Edina, and all provisions for compensation of personnel, rental of
equipment, liability insurance coverage, workmens' compensation insurance of
the City of Edina and all other safeguards and matters pertaining to the Fire
Department, its equipment and personnel shall apply in each and every such
case as if 'specifically authorized and directed by this Council at such
time, whether or not the governing body or authority of the place in which
such fire, hazard, casualty or other similar occurrence exists, has pre-
viously requested and provided for fire protection and the use of the
Fire Department equipment and personnel of the City of Edina under a mutual
protection agreement or other type fire protection agreement with the City
of Edina. Further, the City Manager, or his designee, shall recall, order
and terminate the use of such equipment and personnel from such place and
at such time, when the need for their use shall no longer exist, or earlier,
when it shall, in his discretion, appear in the best interests of the City
of Edina that he do so.
ADOPTED this 17th day of April, 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 of _April 17, 1978,
and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 18th day of April, 1978.
City Clerk
Date: April 11, 1978
MEMORANDUM
To: Mayor and Council Members
From: Kenneth E. Rosland, City Manager
Re: Emergency Dispatch and Use of City Fire and Ambulance Services
Attached is a resolution regarding the use of City equipment in .emergencies
above and beyond our mutual aid pact. Public Safety Director Robert Buresh
feels that the Council should authorize him and /or his Assistant Chiefs
to dispatch the use of safety equipment when assistance is called for.
In essense, the resolution places your confidence and trust on these people.
I feel strongly that we should pass the resolution as I know that there
would be nothing worse than to have somebody's life at stake and our people
not having the authority to act. I do appreciate that we are always
putting our liability on the line, but still I feel it is important that
they can act with your backing.
Mr. Buresh will be at the Council meeting to answer any questions you may
have.
r�
ct;S__
E
I
r
_11,1
L
RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY FIRE
AND AMBULANCE SERVICES BY FIRE CHIEF OR ASSISTANT v` d
FIRE CHIEF IN EMERGENCY SITUATION
BE IT RESOLVED, By the Council of the.City of Edina, as follows:
1. That the Council finds that instances have occurred in the p t and can
be anticipated to occur in the future wherein there is danger ,
by tire,
hazard,.casualty, or other.similar occurrence taking place or occurring
outside the territorial limits of the City of Edina; and that.by the sudden-
ness thereof it is impossible or impractical for the Council of the City of
Edina to meet and authorize the dispatch and.use of City fire department
equipment and personnel to combat such fire, hazard, casualty or other
similar occurrence. i'?�1'Gy" j m►i,�'""J �''`"`'� �'�'`"� ""' d� �7
2. The n s it is desirable and necessary therefore to authorize /
the��e S�e'jfi- �l]i°e2t931 �1i c r�i ty ac Fi ra ('hi Af n
a epee e�' • � �.i 1 i t� n ; �. -...,� F��e Chief *� ��rh
0
to exercise his own discretion, considering at all times and
in each case the internal needs of the City of Edina and.its inhabitants, to
dispatch and use fire department equipment and personnel of the City of Edina
in such place and for such time as he deems necessary to combat such fire,
hazard, casualty or other similar occurrence .
whether.such fire, hazard, casualty or other similar'.: occurrence -i -takes
place within or without the territorial limits of the City of Edina; and it
is hereby provided that such dispatch and use as directed by r sha
be fully authorized as an act of the City of Edina, and all provisions for
compensation of personnel, rental of equipment, liability insurance coverage,
workmens' compensation insurance of the City of Edina and all other safeguards
and matters pertaining to the Fire Department its equipment and personnel shall
apply in each and every such case as if specifically authorized and directed
by this Council at such time, whether or not the governing body or authority
of. the place in which such fire, hazard, casualty or other similar occurrence YL
has previously requested and provided for fire protection and t use of the
fire department equipment and personnel of the City of Edina under a mutual
protection agreement or other type fire protection agreement with the City of
Edina. Further; i. :_CF! _ ___ � shall recall, order and terminate the use of
such equipment and personnel from such place and at such time, when the need
for their use shall no \long exist, or earlier, when it shall, in his dis-
cret n,— appear in the best interests of the City of Edina that he do so.
MEMORANDUM
Date: April 11, 1978
To: Mayor and Council Members
From: Kenneth E. Rosland, City Manager
Re: Emergency Dispatch and Use of City Fire and Ambulance Services
Attached is a resolution regarding the use of City equipment in emergencies
above and beyond our mutual aid pact. Public Safety Director Robert Buresh
feels that the Council should authorize him and /or his Assistant Chiefs
to dispatch the use of safety equipment when assistance is called for.
In essense, the resolution places your confidence and trust on these people.
I feel strongly that we should pass the resolution as I know that there
would be nothing worse than to have somebody's life at stake and our people
not having the authority to act. I do appreciate that we are always
putting our liability on the line, but still I feel it is important that
they can act with your backing.
Mr. Buresh will be at the Council meeting to answer any questions you may
have.
KR: md
RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY FIRE
AND AMBULANCE SERVICES BY FIRE CHIEF OR ASSISTANT
FIRE CHIEF IN EMERGENCY SITUATION
BE IT RESOLVED, By the Council of the City of Edina, as follows:
1. That the Council finds that instances have occurred in the past and can
be anticipated to occur.in the future wherein there is danger from fire,
hazard, casualty and other similar cause to the City of Edina, its residents
and the public generally, both within and without its limits, by fire,
hazard, casualty, or other similar occurrence taking place or occurring
outside the territorial limits of the City of Edina; and that.by the sudden-
ness thereof it is.impossible or impractical for the Council of the City of
Edina.to meet and authorize the dispatch and.use of City fire department
equipment and personnel to combat such fire, hazard, casualty or other
similar occurrence.
2. The Council finds it is desirable and necessary therefore to authorize
the Public Safety Director in his capacity as Fire Chief of the City of Edina
and, in his absence or unavailability, an Assistant Fire Chief to act in such
occasion. Accordingly, each of the above named officers is hereby directed
and authorized to exercise his own discretion, considering at all times and
in each case the internal needs of the City of Edina and its inhabitants, to
dispatch and use fire department equipment and personnel of the City of Edina
in such place and for such time as he deems necessary to combat such fire,
hazard, casualty or other similar occurrence to the interests of the City of
Edina, whether such fire, hazard, casualty or other similar.:.occurrence. -...takes
place within or without the territorial limits of the City of Edina; and it
is hereby provided that such dispatch and use as directed by such officer.shall
be fully authorized as an act of the City of Edina, and all provisions for
compensation of personnel, rental of equipment, liability insurance coverage,
workmens' compensation insurance of the City of Edina and all other safeguards
and matters pertaining to the Fire Department its equipment and personnel shall
apply in each and every such case as if specifically authorized and directed
by this Council at such time, whether or not the governing body or authority
of the place in which such fire, hazard, casualty or other similar occurrence
has previously requested and provided for fire protection and the use of the
fire department equipment and personnel of the City of Edina, under a mutual
protection agreement or other type fire protection agreement with the City of
Edina. Further, such officer shall recall, order and terminate the use of
such equipment and personnel from such place and.at such time, when the need
for their use shall no longer exist, or earlier, when it shall, in his dis-
cretion, appear in the best interests of the City of Edina that he do so.
9
MEMORANDUM
Date: April 5, 1978
To: City Manager, Mayor and City Council
From: Finance Director
a .
Subject: Improvements - William Wardwell Lewis Park Addition F
We recommended City pay: for street improvements, sanitary sewer
and watermain services on Tara Road. The cost of these improvements
is $8,232.51 (see schedule attached for details).
We further recommend that $8,232.51 be refunded to the original
properties assessed (see schedule attached for details).
JD:md
e
IMPROVEMENTS -LOTS WILLIAM WARDWELL LEWIS PARK ADDITION
CITY OF EDINA
December 31, 1977
Street Improvement No. BA -191 (Tara Road)
Assessable units 5 - $1,988.88 per unit
Total assessment - $9,944.40
Cost per unit if 8 - $1,243.05 per unit
Net credit to original 5 units - $745.83 each
Amount due from City $1,243.05 for three units $3,729.15
(Lot 1, Block 1 and Lot 1, Block 2 and Park)
Refunds to five original lots - $745.83 each 3,729.15
Balance $ -0-
Sanitary Sewer No. 308 - (Tara Road)
Assessable units 4 - Cost per unit $2,107.17
Total assessment - $8,428.68
Cost per unit if 6 lots - $1,404.78 per unit
Net credit to original 4 units - $702.39 each
Amount due from City $1,407.78 for two units $2,809.56
(Lot 1, Block 1 and Lot 1, Block 2)
Refunds to 4 original lots - $702.39 2,809.56
Balance $ -0-
Watermain No. 282 (Tara Road)
Assessable units 4 - Cost per unit $1,270.35
Total assessment - $5,081.40
Cost per unit if 6 lots - $846.90 each
Net credit to iriginal 4 units - $423.45
Amount due from City $846.90 for two units $1,693.80
(Lot 1, Block 1 and Lot 1, Block 2)
Refunds to 4 original lots - $423.45 1,693.80
Balance $ -0-
Street
Sanitary
Improvement
Sewer
Watermain ,
BA -191
No. 308
No. 282
Total
Lot
1, Block
2 - Kemrich Knolls
$ 745.83
$ 702.39
$ 423.45
$1,871.67
Lot
2, Block
2 - Kemrich Knolls
745.83
702.39
423.45
1,871.67
Lot
3, Block
2 - Kemrich Knolls
745.83
745.83
Lot
7, Block
2 - M.P. Johnson's
Prospect
Hills 2nd.
745.83
702.39
423.45
1,871.67
Lot
8, Block
2 - M.P. Johnson's
Prospect
Hills 2nd
745.83
702.39
423.45
1,871.67
$3,729.15
$22809.56
$1,693.80
$8,232.51
TO:
FROM:
SUBJECT:
DATE:
MEMO
Kenneth Rosland, City Manager
Jerry Dalen, Finance Director
Mark Bernhardson, Administrative Assistant
PUBLIC OFFICIALS LIABILITY INSURANCE
March 30, 1978
APPENDICES: A) Comparison of Coverage
B) Gedelman Letter Dated 3/17/78
C) Gedelman Letter Dated 3/10/78
The City's general liability policy covers the City and its agents for
claims arising from actions that result in bodily or personnel injury
or property damage. It does not, however, cover the City or its officials
for claims arising from such things as refusal to provide services or the
inadequate or improper delivery of services; improper employee discipline;
losses resulting from improper handling of licenses and zoning decisions;
alledged discrimination; and denial of civil rights. Given the increased
possibility of individual suits in recent years, there is some reluctance
on'the part of people to serve in a position in which they could be placed
in jeopardy of a suit. Because of the increased "exposure" in this area,
a few insurance firms offer policies to cover the individual officials,
and in the case of one firm, both the officials and the public entity itself..
(As an alternative to the purchase of insurance, the City could go uninsured
and agree to pay for both defense and judgement costs for individual officials
for actions arising from City related responsibilies.)
The City through its insurance consultant has obtained quotations and
sample policies from three insurance companies which offer this type of
coverage. The policies are roughly equivalent in coverage, although there
are differences as far as certain exclusions, limits, etc. (See appendix A
for comparisons.) The most significant difference among the three policies
seems to be the fact that two of the policies cover only the public officials
while the third covers both the officials and the public entity. As dis-
cussed in Appendix B, it would seem reasonable that any suit against the
officials would also be against the entity.
In conjunction with this insurance, is
three policies include cost of defense
Incorporated in the limits. As to the
litigation, the companies each reserve
as discussed in Appendix C, they would
entity's counsel.
the issue of defense of claims. All
as part of the coverage and it is
question of who would do the actual
the right to select counsel, but
probably work closely with the
Recommendation
After weighing the coverages, exclusions, limits and the respective
premiums, it is the recommendation of both Fred Gedelman and this writer
that the City purchase a policy from Forum Insurance with limits of
$1 million per incident /$1 million annual aggregate. It is felt that
while the premium is hightr than Unimark /MacDonald for equivalent limits,
the broader coverage is worth the additional expense. It is recommended
that the issue by discussed at the April 3rd Council meeting. (Forum
Insurance is a subsidiary of Montgomery Ward* which is a subsidiary of
Mobil Oil.)
L Z-S
ar E. Bernhardson
Administrative Assistant
MEB /skh
COMPANY:
LIMITS: INCIDENT:
ANNUAL:
PREMIUM:
f�rf�ll/�TI AI r _
DEFENSE COSTS:
TERMINATION:
TERMINATION/
EXTENSION/
EXTENDED DISCOVERY
COVERAGE:
SUMMARY OF
COMMON COVERAGE:
COMMON EXCLUSION:
INDIVIDUAL
DIFFERENCES:
Covered, Included in Limits
30 Days
UNIMARK - MCDONALD
FORUM
$1 Mil
$2 Mil
$3 Mil
$1 Mil
$2 Mil
$3 Mil
$5,739
58,034
$9,182
$5,224
$2,500
$8,162
Covered, Included in Limits
30 Days
UNIMARK - MCDONALD
INTERNATIONAL SURPLUS LINES
$1 Mil
$100,000
$1 Mil
$1 Mil
$1 Mil
$1 Mil
$1 Mil
$2 Mil
$4,652 $5,177*
$5,224
$6,530
$8,162
$2,500
$2,500
Covered, Included in Limits
Covered,
Included
in Limits
30 Days
30 Days
1 year - 25% 1 year - 25% 90 days - 25%
of 3 year premium of 3 year premium of 3 year premium
Fire Chief Endorsement
The policies cover suits against individual officials arising from claims of wrongful acts
and appointed officials "down" to department heads (including boards) and extends to estates
and heirs of the insured.
Excluded from coverage are schools, airports, hospitals and gas and electric utilities. The
policies do not cover damages from inverse condemnation, adverse possession, dedication by
adverse use; any claim for acts for profit or illegal advantage; fraud or dishonesty; damages
or bodily injury or property damage; false arrest; contamination or pollution of an ongQi.ng
nature; or covered by either a previous policy or by another policy and does not cover actions
of insured individuals while being compensated by another entity or prior claims.
a. Covers public entity a. Excludes fire and police a.
officials unless add-
itional endorsements added
b. Covers all full time b. Excludes legally uninsur- b.
employees able losses
c. Excludes legally unin- c. Excludes actions being C.
curable losses compensated by another
entity
d. Excludes actions being
compensated by another
entity
e. Covers pollution of a
sudden occuring nature
f. Excludes claims arising
out of trustee of fiduciary
capacity
g. Excludes those on contract
or retainer
Covers full time employees
Excludes transit or housing
authority coverage
Excludes return of renumeration
illegally received
d. Excludes failure to maintain
insurance
e. Excludes other than money damages
f. Excludes malicious prosecution,
strikes, riots, war, broadcasting
activities or civil commotions
g. Excludes war
5'ud 0. 0.EJZna)2, CPCU
INSURANCE CONSULTANT
400 BUILDERS EXCHANGE
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE (612) 336 -5866
March 17, 1978
Mr. Mark Bernhardson, Administrative Assistant
City of Edina ,
4801 W. 50th St.
Edina, Minn. 55424
COMPREHENSIVE GENERAL LIABILITY INSURANCE
AND PUBLIC OFFICIAL LIABILITY INSURANCE
The comprehensive general liability insurance, Mark, which the
City of Edina carries in the Home Insurance Company covers
bodily injury and personal injury. We believe that the term
bodily injury is generally well understood and would include
any physical injury to a person's body. Personal injury is
a broader form of coverage and would include such things as
false arrest, detention or imprisonment, malicious prosecution,
libel, slander, defamation or violation of right of privacy,
wrongful entry or eviction or other invasion of right of private
occupancy. This is a summary of the language which is used in
the insurance policy which defines the term personal injury.
The public official liability insurance which you are considering
would not respond to any claim against the public officials or
the City itself for any occurrences or incidents which would be
covered under the comprehensive general liability insurance for
bodily injury or personal injury as referred to above. The
public official liability insurance would respond to claims
other than bodily injury claims or other than claims for personal
injury as defined above such as:
Discrimination in employment practices based on
race, religion, sex, age, etc.
Improper hiring or firing of employees
Censorship
Favoritism to contractors or other suppliers of
goods or services
Failure to negotiate most favorable interest rate
on municipal bonds
APPNg)%\P Q
V
Mr. Mark Bernhardson, Administrative Assistant
Page 2
March 17, 1978
Dress code and hair codes for employees
Use of public facilities by private groups
Inadequate supervision of board of registration
and elections
Unequal provision of services to different
sections of the municipality
Cases involving alleged zoning discrimination ,
Basically, the public official liability policy covers
all.wrongful acts of the public officials, and in the case
of the Forum Insurance Company, of the City itself; however,
there is a long list of exclusions and if the wrongful
act is not referred to in the exclusions then it would
be covered by the public official liability policy.
We should also point out that the public official liability
insurance will only respond to claims where monetary
damages are being claimed and would not provide defense
for suits against the City or the public officials where
there is no claim for monetary damages or when the claim
is for injunctive relief or a similar situation.
I am sure you realize that a brief explanation of the
coverage in various policy contracts can not cover all
of the differences and that any final determination of
what is covered and what is not covered must be based on
the actual language of the individual policy contracts.
If any further explanation would be helpful, we will expect
to hear from you.
Yours slyerely,
q)k-tO,,�b 6�,�
FRED G. GEDELMAN
FGG:pab
P.S. The three quotations which you have received for
public official liability insurance all provide very
similar coverage; however, the one quotation which you
APPZNb)"t' B
Mr. Mark Bernhardson, Administrative Assistant
Page 3
March 17, 1978
received on behalf of the Forum Insurance Company provides
coverage for claims made against the City itself, as well as
against claims made against the public officials. The quotations
on behalf of the Blue Ridge Insurance Company and the
International Surplus Lines Insurance Company do not include
coverage for claims made against the City itself but only for
claims made against the public officials. There seems to be
a significant difference in the coverages of this one company
in this respect.
q'ItEd 0. OF-JZfMa)2, CPCU
INSURANCE CONSULTANT
400 BUILDERS EXCHANGE
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE ( 612 ) 336 -5866
March 10, 1978
Mr. Mark Bernhardson, Administrative Assistant
City of Edina
4801 W. 59th St.
Edina, Minn. 55424
PUBLIC OFFICIALS LIABILITY INSURANCE
We have reviewed the forms of the three companies that had
submitted quotations for public officials liability insurance,
Mark, and the policy form of the International Surplus Lines
Insurance Company is the only one that makes any refernece to
joint efforts of the insured and the insurance company in
connection with the defense of claims. That reference is in
paragraph 5 on page 3 of the International Surplus Lines
Insurance Company form.
We are sending complete copies of
policy forms in the event you want
I think we sent these to you some
them in your file.
all three insurance company
to review them in more detail,
time ago and you may not have
The other two companies do not contain a reference to the
defense and settlement of claims similar to that in the
International Surplus Lines Insurance Company form; however,
I think it is safe to say that in the defense of claims of this
nature, the insurance company will always work very closely
with the insured and would welcome any assistance from the
insured in the defense of claims as long as they are satisfied
that the insured's assistance would be helpful in successful
defense. In my opinion we would not expect the insurance
company to accept the defense of any claim and completely
ignore any help or cooperation on the part of the City of its
attorney if there is any reason whatever to feel that that
assistance would be helpful.
Yours ver truly,
ql,
FRED G. GEDELMAN
FGG:pab
Enclosures
Aqq-,5Nrw�
L
To: Kenneth Rosland, City Manager and Jerry Dalen, Finance Director.
From: Arlin Waelti, Mark Bernhardson, Administrative Assistants.
Subj: Public Officials' Liability Insurance.
Date: April 14, 1978
During the last Council meeting, several questions were raised in
regard to the issue of Public Officials Liability. The following memo
outlines the history of Public Official Liability, addresses some of
the questions raised at that meeting, and discusses four other issues
for which there seems to be no clear cut answer at this point.
PUBLIC OFFICIALS LIABILITY - A HISTORICAL PERSPECTIVE
SOVEREIGN IMMUNITY - American cities were initially immune from-any
and all suits under the doctrine of sovereign immunity which originated with
the English maxim that the "King can do no wrong." State government and
local government, as an agent of the State, were immune based on the
following rational stated in a Justice Holmes decision:
"A sovereign is exempt from suit, not because of any formal conception
of absolute.theory, but on the logical and practical ground that there
can be no legal right as against the authority that makes the law on
which the right depends."
Simply interpreted, this meant that those with the authority to make the
laws were immune from the consequences of those laws. As the functioning
and services provided by cities increased, this immunity became less acceptable.
GOVERNMENTAL - PROPRIETARY DISTINCTION - In the mid 1800's a distinction
began to appear, dividing those duties of the city that were for public
purposes exclusively, (for which immunity attached) and those duties that
were primarily private, corporate, proprietary, for which a city assumed
full responsibility for its actions.
This dual distinction was explained in a number of ways and through some of
the following terms:
1. Public vs. Private - The rational here was that when a city was
acting for the public good, it was above the law but when it went
"down into the market place ", it must abide by the same laws as
everyone elso in the private sector.
2. Mandatory vs. voluntary - Cities, as agents of the State, had
mandatory duties for which they received no benefit and over which
they had no control. As involuntary public agencies carrying out
the dictates of the State, a city was immune from liability.
-2-
2. Mandatory vs. voluntary 410M.
However, in whatever capacity a city voluntarily assumed a
responsibility and correspondingly derived a benefit or
advantage, the city was liable for its actions.
3. Governmental - corporate - Agency was a critical factor here.
Here city officials are acting as agents of the State. Therefore,
a city was not liable for those actions of their employees that
arise from performance of duties imposed by the Legislature.
However, the city was liable for duties assumed under a city's
general powers given under statute or charter.
If you still have some difficulty understanding the clear distinction between
those aspects of municipal functioning that is immune from suit and those
areas in which a city is liable, you are not alone. The courts had the
same difficulty. Courts went in diametrically opposite directions on
just about any issue you can name.
Legislation was subsequently passed that was to more clearly define these
fuzzy parameters. Minnesota Stat. 466.07 defined those areas for which a
public official and the public entity is immune, ie., worker's compensation
tax claims, accumulation of snow and ice, execution of statute, discretionary
acts, and other immunity. Minn. Stat. 466.04 put outside limits on the
monetary amounts of city liability, $100,00 per claimant and $300,000
per incident presently in court.
These statutory provisions therefore clarify the limits of city liability,
right? Wrong? The battleground was merely redefined. The courts have
interpreted these statutes within narrow limits and have found liability
more frequently whereever the city have assumed responsibility.
Statutory limits on city liability are being challenged on both the state
and federal level. The State of Minnesota has broadened the scope of city
liability by redefining the "per occurence" limitation to mean "per cause
of action." This greatly expands the city liability potential.
A school bus - train accident in Oregon, in which many young children were
maimed, has raised the issue of whether limitation of liability by a political
subdivision is constitutional.. That will shortly be coming before the
United States Supreme Court.
SUMMARY
In summary, it appears that there are many questions but very few legal
answers in the area of city liability. A trend is clearly visible, of
which insurance companies are fully aware, and that is that the courts
are coming closer and closer to finding cities fully liable for their actions.
City officials are also more vulnerable than in the past. The question has
changed from whether an official is liable when acting within his /her official
capacity to whether the official is acting within the scope of this official
capacity or in an ultra vires capacity outside of this authority. An
individual runs the risk when seeking public office of greatly increasing
his /her personal liability for suit.
-3-
SUMMARY, cond.
Citizen frustration with governmental process in general has increased the
number of personal suits.
Public office at the municipal level is not generally viewed as a launching
pad for political careers, nor is the remuneration in any sense reflective
of the time, energy and expense to the person serving in this capacity. It
is in the interest of the city that further risk not be added to an individual
serving in the capacity of the public good. Although the cost of such
insurance is not inconsiderable, the contribution of quality time and
effort for the city by city officials more than offsets this cost.
COUNCIL QUESTIONS
A. Can the Public Body Indemnify the Officials? MS 466.07 gives the
public body the authority to indemnify its officials against any
sort claim or demand "arising out of an alleged act or omission
occurring in the performance of duty."
B. Would either comprehensive personal liability coverage insurance
under a homeowner's policy or a professional liability insurance
cover such claims? Since the Council members are compensated for
their services, the comprehensive coverage at least under Mr.Shaw's
policy would not respond to any claims arising from his Council
duties. As for the professional liability insurance claims,
the insurance seems to be limited to claims arising from acts
that are id ine with their professional employment and not for
..other responsibilities for which they are employed for services
other than their professional services. Even if the professional
insurance did respond for those individuals that have it, there
seems to be no comparable insurance that could be obtained for other
members of the Council.
C. How many suits against the City in the past would have such insurance
responded to paying for defense and /or claims? After a brief review
of the cases against the City of Edina since 1975 (from the Clerk's
files)it appears.that if the cost associated with the case (defense,
judgement, etc.) exceeded the 1 $2,500 per case deductitR®I there was
a maximum of eight cases that the insurance might have responded.
Of these, five..involved appeal of Council decisions to the judiciary.
Of the remaining three, Klein involved ordinance enforcement and
might have involved a request for damages had the fence actually
been removed prior to judicial review. The final two had actual
requests for damages, with Gold requesting $13,000 in damages for
allegedly improper insurance of a building permit and accompanying
inspection and with Grove requesting damages of $4,749.50(for
placing sewer and water deeper than usual for hookup.) Of the eight,
only one named Council members as individual defendents (1st Wisc.
Nat'l Bank /Fountainwood) While coverage would be accepted or denied
by the insurance company on the situation involved, it,seems these
cases would have been at least "candidates" for the coverage under
the policy.
IE41
OTHER ISSUES
In addition to the "answerable questions ", the next four issues do not
lend themselves easily to any unequiviocal conclusions.
A. The first is the extent of "exposure" that individual officials
are subject to in their official duties? As mentioned in the memo
previously, the portion of state law that permits court liability
suits against political subdivision lists six exemptions to that
liability. The catagories for these exemptions are: Worker's
compensation; tax claims; accumulation of snow and ice; execution
of statue; discretionary acts, and other immunity (This final
exclusion permits immunity if such immunity is specifically
authorized by other statutes).(all the previously mentioned exemptions
are valid unless a liability is imposed by another statute). I The
exclusions that seem germane in this discussion are:
"Subd. 5 Execution of Statute. Any claim based upon an act
or omission of an officer or employee, exercising due care, in
execution of a valid or invalid statute, charter, ordinance,
resolution or regulation."
"Subd. 6 Discretionary Acts. Any claims based upon the performance
or failure to exercise or perform a discretionary function or duty,
whether or not discretion was abused."
The crux of this matter is what acts or ommissions would fall within
the scope of these exclusions. As indicated in the Handbook of -
Minnesota Cities, (p. 128, 1977 Ed.), attempting to differentiate
between acts that are discretionary and ones that are ministerial
(for which there is apparently no exemption according to the League)
is very difficult and may require litigation to determine the
definition and therefore the exclusion from the particular cir
cumstances involved.
To hazard an oblique statement as to the exposure of the officials
(and the City) this writer would state: The exposure is to all
suits resulting in damages other than property, personnel, or bodily
injury (as these are covered by the City's General Liability Policy)
which were not based either upon execution of a statute or on a
discretionary act. As to what that leaves apart from a) the cost
of defense of all cases brought which do not claim damages to property
or personnel or bodily injury; and b) judgqments within that catagory
that are non - exempt such as a- rights case, I am not sure. To
fiat then clarify the exposure, several hypothical sets of circumstances
need to be proposed to determine which areas would not be protected.
B. Would the official be sued as individuals? A corollary to the question
of exposure is the chances an individual official faces in being sued
as an individual. To date no official in Edina had been sued
individually for monetary damages, but particularily in cases were
it appears the official may have overstepped his /her authority
or if there is personnel animosity, the individuals may be sued.
(Depending on the circumstances the public official insurance
may not respond if the officials' actions fall under the policy
exclusions.)
-5-
C. To what extent is the Council inviting individual suits by insuring
itself and its official in this area? I think it safe to venture
that suits usually g0 were the money is. Those that seem to be
in the best financial position may get sued together with the City
(particularly if it's Edina).
In
addition, M.S. 466.06, referring to a municipality purchasing lia-
bility insurance for itself and its officers states that: "procurement
of such insurance constitutes a waiver of the defense of governmental
immunity to the extent of the liability stated in the. policy but has
no effect on the liability of the municipality beyond the coverage
provided. If the statutory exceptions cited.earlier are construed as
immunity under this section, then a policy protecting not only against
non - exempt suits but also for suits for discretionary acts would in
effect be cancelling the exemption to the extent of the policy coverage.
Taking the opposite view, that suits are "shotgunned" against involved
individual defendents in hopes of "hitting" money, may be an argument
for insurance to pay defense costs for all parties.
D.. If the insurance route is selected, what limits are realistic? Phrasing
it differently, if sued individually what amount of money would be
involved& This is a question as to not only the amount against one
individual but how many persons are sued for the action. With no
history.,for the City, it is hard to say what amount of money is in
question. The price of a history is however higher than average
premiums and possibly an inability to obtain insurance.
While the preceeding four issues may not be the total number that are
related to this issue for which no decisive answer exists, they.seemed the
most relevent at the present. As to a recommendation, I would say at this
point it may be best to buy insurance to cover both officials and the City,
although neither way is a sure bet. Even if individuals are never sued,
it may be good-,to have insurance to pay the City cost of defense
(above $2,500 /case) although $5,700 per year may be rather steep.
MB:md
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM: Frank Wellman, Assistant Chief
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF.ITEM IN EXCESS OF $1,000
DATE: April 12, 1978
Material Description (General Specifications):
10 lengths, 22" Golden Ponn Supreme, NST Coupled Pyrolite (Red Head); 50' lengths, #1000 test
10 lengths, 12" Golden Ponn Supreme, NST Coupled Pyrolite (Red Head); 50' lengths., #1000 test
Quotations /Bids:
Company Amount of Quote or Bid
I. C. F. Coyer and Associates 22" = $2.05 /ft. $1,025
12" = $1.45 /ft. $ 725
TOTAL: 1,750
2. Mid Central Fire and Safety
3.
same as above
Department Recommendation: Recommend C. F. Coyer and Associates. They have
consistently provided excellent follow -up service in other purchases that the
Fire Department has made over the years.
Signature Department
Finance Director's Endorsement:
The recommended bid is is not =within the amount b dgeted for the purchase.
. N. Dalen
Finance Director
City nager's Endorsement:
1. I concur with the recommendation of the Department and recommend Council
approve the purchase.
2. I recommend as an alternative:
Kenneth Rolland j
City Manager
t
VILLAGE 1r. EDINA ' REQUISITION NO.
PURCHASE REQUISITION '
---------------- - - - - -1 DATE April 6 19_a
DELIVER MATERIAL TO: Edina Fire Department 6250 Tracy Av. Edina, MN 55436
MATERIAL NEEDED BY P.O.NUMBER 7952
SUGGESTED SOURCE OR
USUAL SOURCE: C. F. Coyer and A sociat s
3000 Highway 100
St-Louis-Park. MN 55416
QUANTITY
DESCRIPTION
UNIT
PRICE
AMOUNT
CHARSE
AGC'T.
10 lengths
22" Golden Ponn Supreme
NST Coupled Pyrolite (Red Head)
50' lengths; 1,000 lb. test
$2.05
$1,025.00
10 4556 4
10 lengths
12" Golden Ponn Supreme
NST Coupled Pyrolite (Red Head)
50' lengths, 1,000 lb. test
$1.45
$ 725.00
10 4556 4
1,750.00
Prices include freight and delivery
to Fire Department.
(Not
Other bids, 22" & 12" same as above)
PREPARED BY: Frank Wellman nn
APPROVED BY:
DEPAMIE,NT HEAD
W n11 NIMA _v '1tilb 5rAU;
RECEIVED '4/11/ 19 78
APPZG�
Pr1RC&.ST�1G DEPT.
JND
40 44
40 44
Department Recommendation:
- Cushman Motors, Inc.
�2Department
Finance Director's Endorsement: v
The recommended bid is f5;a is not= within the amount budgeted for the purchase.
�.
VJ. N. Dalen
Finance Director
City yManager'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
REQUEST
FOR PURCHASE
!T
TO:
Mayor and City Council
FROM:
VIA:
Kenneth Rosland, City Manager
SUBJECT:
REQUEST FOR PURCHASE OF ITEM
IN EXCESS OF $1,000
DATE:
April 13, 1978
Material
Description (General Specifications):
'
4 Electric Club Golf Cars
Quotations /Bids:
Com an
Amount of Quote
or Bid
�•
Cushman Motors Inc.
$1,845.00
per car x 4
.$7,380:00
Trade in
$1,380.00
T0TAL BID
$6,000.00
Industrial Supplies
$1,943.75
per car x 4
$7,775.00
Trade in
$1,425.00
3.
TOTAL BID
6,350.00
Department Recommendation:
- Cushman Motors, Inc.
�2Department
Finance Director's Endorsement: v
The recommended bid is f5;a is not= within the amount budgeted for the purchase.
�.
VJ. N. Dalen
Finance Director
City yManager'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
0
v
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM:* Francis J. Hoffman, Director of Public Works
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000
DATE: April 13, 1978
Material Description (General Specifications):
Steam Cleaner - Combination Washer
(Shop Equipment Cleaning - Removal of Ice in Roof Drains & Storm Sewers)
Quotation /Bids:
Com an
1. Hotsy Equipment Company
2• The Zeco Company
3• R &•H Enterprise Co., Inc.
Department Recommendation: Hotsy Equipment Company
.Amount of'Quote or Bid
$3090.00
$3092.00
$3154.00
1, Public Works
Signature 411 Department
Finance Director's Endorsement:
The recommended bid is not within t qo.budgeted for the purchase.
. N. Dalen
Finance Director
City Ma er's Endorsement:
1. I concur with the recommendation of the Department and recommend Council
approve the purchase.
2. I recommend as an alternative:
Kenneth Ros a
City Manager
�Z_; B
REQUEST FOR PURCHASE
TO: Mayor and.City Council
FROM: Francis J. Hoffman, Director of Public Works,
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000
DATE: April 12, 1978
Material Description (General Specifications):
Sanitary Sewer Lift Station Pump - Code Ave. Station
One 4 ", 5 H.P. Sewage Pump
Quotation /Bids: Amount of. Quote or Bid
Com an
1. Tri State Drilling & Equipment Co. $1450.00
2. Fadden Pump Company. $1992.00
3.
Department Recommendation: Tri -State Drilling & Equipment Co.
ASi �1 ✓l2�cti Puhlic Works
gnatur Department
Finance Director's Endorsement:
The recommended bid is his not �� within dgeted for the purchase.
ct or
City Manager's Endorsement:
I concur with the recommendation of the Department and recommend Council
approve the purchase.
2. I recommend as an alternative:
Y
.ennet 4R�osan
City Manager
MEMO
TO: Mayor and Council
FROM: Mark Bernhardson, Administrative Assistant
SUBJECT: DISPOSAL OF 1947 AMERICAN - LAFRANCE PUMPER
DATE: April 6, 1978
Prior to bid closing on April 3, 1978, the City received two sealed
bids for the 1947 American-LaFrance 750 GPM Pumper:
Carsonville Fire Department
David Napier
$ 4,100
$ 750
Recommend award of bid and sale of truck and accessory equipment to
Carsonville Fire Department.
No bids were received for the 22 alerting monitors and other methods
will be explored to dispose of the property.
L, 1{ l
Mark E. Bern ardson
Administrative Assistant
MEB /skh
ART CENTER FUND
BALANCE SHEET
CITY OF EDINA
December 31, 1977
ASSETS
Cash on hand (overdrawn) $(13,083.91)
Petty Cash 75.00
Accounts receivable. 1,700.00
Merchandise inventory 3,648.43
Due from other funds 6,342.22
Fixed assets - on the basis of cost:
Land
$ 15,000.00
Lend improvements
1,476.00
Building
109,773.10
$126,249.10
Furniture and fixtures
$ 4,648.19
Machinery and equipment
6,139.36
10,787..55
Less allowance for depreciation
539.38
10,248.17
136,497.27
$135,179.01
LIABILITIES AND SURPLUS
Accounts payable
$ 1,910.75
Accrued payroll
280.68
Due to other funds
656.12
Surplus:
Contributed invested in fixed assets
$ 12,280.07
Invested in fixed assets
1249217.20
136,497.27
Unappropriated (Deficit)
(4,165.81),
$135,179.01
( ) Indicated red figure
ART CENTER FUND
..:STATEMENT OF.INCOME AND EXPENSE
CITY OF EDINA
-For
Year'.Ended December - 31,1977
INCOME
Membership
$ 3,625.00
Registration fees
14,186.00
Merchandise sales
$ 2,455.61
Less cost of merchandise sold
29012.87
442.74
Other
149.52
$18,403.26
- OPERATING EXPENSES:
Personal services:
Administrative
$ 6,926.68
Instructors
8,990.00
Maintenance
867.24
$16,783.92
Services- Layout and design
$ 450.00
Dues and.subscription
54.83
- Advertising
94.45
Light and power
827.38
Telephone
84.36
Rubbish removal
91.90
Repairs
277.50
Sub contract
215..00
Printing
1,551.81
Fuel oil
379.86
Paint
425.84
Cleaning supplies
335.33
Building supplies
483.98
Office expense
179.63
- General supplies
1,589.82
Other
36.00
7,077.67
23,861.59
NET LOSS BEFORE
DEPRECIATION
5,458.33
Provision for depreciation
539.38
NET LOSS
$ 5,997.71
!H '
S '
1
C
April 11, 1978
fc
SOUTH HENNEPIN HUMAN SERVICES COUNCIL
Summary of the April 7, 1978 meeting
regarding 1979 funding of the
Human Services Council
Present: Commissioner Ticen,
Hennepin County
Connie Cobb, Director,
North Hennepin Human Services Council
Jack Irving, Chairperson;..
North Hennepin Human Services Council
Marcia Shapiro, Director,
West Hennepin Human Services Council
Tracy Whitehead, Chairperson
West Hennepin Human Services
Camillo DeSantis, Board Member
South Hennepin Human Services Council.
Russ Stricker, Director
South Hennepin Human Services Council
Serving:
Bloomington
Eden Prairie
Edina
Richfield
--------------------------------------------------------------
Staff and chairpersons from. the human services, councils met prior. to the meeting
to discuss the attached memo and general strategy. There was not unanimous agree-
ment on the points outlined in the memo. Since West Hennepin Human Services .
Planning Board had already held several discussions with Commissioner Ticen, and
since they have a $5,000 cash commitment from their representative manicipalities,
they were ready to negotiate a specific County-City formula for 1979 funding.
Northwest Hennepin Human Services Council was more in agreement with the memo
despite the fact that their board recommended that they approach their cities for
a $5,000 cash contibution. It was therefore agreed upon that South Hennepin
Human Services Council would first present our position to Commissioner Ticen
for his reaction.
Meeting with Commissoner Ticen
Camillo DeSantis and Russ Stricker presented the South Hennepin Human Services
Council current position i.e. that we felt the county was the most appropriate
funding source of the human services councils and that the city council's were
in the process of passing resolutions in support of that..position.
Commissioner Ticen indicated that he has had his secretary research the activities
of the human servicecouncils and found out that we have been involved in a number
of activities which were beyond the original purpose and intent of the planning
boards and which also are unkown to the County Commissioners. In his opinion,
the original purpose of the human services councils was to.assist the County in
implementing the decentralization plan..
9801 Penn Avenue South 0 Room 100 0 Bloomington, Minnesota 55431 0 (612) 888 -5530
Bevause he now-feels that decentralization, as originally planned, is in
essense dead, most of the activities we are involved in are not included in our
charter. He stated that the South Hennepin Human Services Council has never asked
the County Commissioners for Board action regarding a given issue. In his opinion,
the only communication that has existed has been between the County's staff and
the staff of the human services councils. He was suggesting that this be changed
in the future and that the human serivices councils should keep the Commissioners
better informed.
Commissioner Ticen stated that he doesn't necessarily disagree with the current
. activittes of- the human services councils, but he felt it was important that
these activities be clearly stated in a new mission statement. He was going to
recommend¢ that the Office of planning and Development work with us in drawing up
a new mission statement. .
Commissioner Ticen was very critical of the South Hennepin Human Services Council
par.ticularily on the funding issue. He praised West Hennepin Human Services
Council for raising a $5,000 cash contribution, and an in kind contribution of
$4,775, as well as Northwest Hennepin Human Services Council for..committing them-
selves to raising.$5,000 cash. With South Hennepin Human Services Council being
in the most wealthy part of the county, Commissioner Ticen felt that we should
have no problem coming up with a cash contibution from the cities.
In Ticen's opinion, the amount of money was not the issue but rather that there
be an indication of a commitment by the cities. It was at this point that he
recommended the 1979 budget should contain a $5,000 cash contibution from each
of the three suburban planning areas. If the human services councils would.agree
to that amount he would support continued county funding at the same level as
in 1978.
At the April 18th Ways and Means Committee hearing, each of the council's is
to make a short presentation regarding their activities. Ticen will then re-
commend that a new mission statement be prepared and that each of the human
services councils should obrain total cont ibutions. ;of $5,000 from the cities in
their area. It is assumed that this recommendation would pass the County Board
without opposition. The cities from the other human services councils have al-
ready submitted their resolutions without any apparent impact on the commissioners.
On Monday evening the South Hennepin Human Services Council's original resolution
was heard before both Richfield and Bloomington City Councils. While our position
remains the same 'as passed at the South Hennepin Human Services Council Board
meeting March 28, the current situation, as a result of .the - meeting with Ticen,
was explained to the City Councils. They are now aware that we may have to
return to them to request a cash contibution.
The resolution has now been passed by all four City Councils.
MEMORANDUM
Date: April 11, 1978
To: Mayor and Council Members
From: Kenneth Rosland, City Manager
Subject: Mileage Reimbursement
-.1 a'��
For the past several years the City has been reimbursing selected
employees and certain other persons .12 /mile for use of their own
vehicle on City business. In 1977, the City-spent a total of $1,670
for mileage to about 20 individuals (approximately 13,900 miles worth).
With the increased cost of operating a vehicle over the last few years,
it is my recommendation that the City raise the amount for mileage
reimbursement to .15 /mile. Listed below are the rates paid by various
entities:
Brooklyn Center .15 /mile White Bear Lake .18 /mile
Brooklyn Park .17 /mile Hennepin County .16 /mile
Golden Valley .12 /mile Richfield .15 /mile
St. Louis Park .15 /mile (up to 200 miles /mo.)
.13 /mile (excess over 200 miles /mo.)
Federal Government -
Civilian /TAD .17 /mile
KR:md
", -f
RESOLUTION
WHEREAS, the actions brought by First Wisconsin National
Bank of Milwaukee [ "First Wisconsin "] against the City of Edina
and the Edina City Council, being Hennepin County District
Court Cases No. M- 731139, W- 731140, and W- 731141, relating
-to removal of a one -story brick building [the "Building "] on
Outlot C, Walnut Ridge Third Addition, are now proposed to be
settled and dismissed with prejudice and without costs to any
party, with all rights of appeal waived, with First Wisconsin
to file of record a Declaration in which it agrees to remove
the Building on or before midnight of December 31, 1982, and
to restore and landscape all areas disturbed by such removal
consistent with the then contour of, and landscaping on, the
property and in a manner reasonably satisfactory to the Planning
Department of the City, and with City of Edina agreeing to the
terms of this Resolution; and
WHEREAS, such a settlement is acceptable to the City
and the City Council.
NOW, THEREFORE, IT IS RESOLVED that the above listed
lawsuits be settled on the above terms and conditions, and
the Mayor and Manager are authorized and directed to enter
into a stipulation so settling said lawsuits and providing
for the filing of such a Declaration by First Wisconsin.
BE IT FURTHER RESOLVED, as consideration for and as
a part of such settlement, that the Building shall be allowed
to remain in its present location, and to be used as a dwelling
at such location, until December 31, 1982, unless prior thereto
said Building is lawfully ordered repaired or removed, or the
use thereof is lawfully stopped, pursuant to applicable codes,
ordinances, or statutes, other than the zoning statutes and the
zoning ordinance of the City, by reason -of changes in the nature
or condition of the Building hereafter occurring; that once the
Building is removed, and the other agreements of First Wisconsin
as set out in the recorded Declaration are fulfilled, all pur-
suant to such Declaration, and upon written request, the City
shall execute and deliver a certificate in recordable form,
reciting that the obligations imposed by said Declaration have
been fully performed.
This Resolution shall not be effective until, and shall
become immediately effective upon, the execution by the City and
First Wisconsin of the stipulation settling said lawsuits as
set forth above.
-2-
STATE OF MINNESOTA DISTRICT COURT.
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
First Wisconsin National )
Bank of Milwaukee, )
)
Plaintiff, ) File No. M- 731139
VS. ) (Declaratory Judgment Action)
)
City of Edina, et al., )
Defendants. ) '
First Wisconsin National )
Bank of Milwaukee, )
Relator, ) File No. W- 731140
(Mandamus-Proceeding)
VS.
City of Edina, et al., )
Respondents. )
First Wisconsin National )
Bank of Milwaukee, )
Relator, ) File No. W- 731141
(Certiorari Proceeding)
VS. )
City of Edina, et al., )
) i
Respondents. )
CVMMT -RMVNT
IT IS HEREBY STIPULATED AND AGREED by and between
First Wisconsin National Bank of Milwaukee [ "First Wisconsin "],
the City of Edina [ "City "], acting for itself and for the Edina
City Council [ "Council "], that:
1. First Wisconsin agrees to execute and deliver
to City, at the same time this stipulation is executed, the
Declaration attached hereto and hereby made a part hereof, and
promptly thereafter to record a duplicate original thereof, at
its expense.
2. City agrees to abide by the terms of the Reso-
lution passed by the Council on April 17, 1978, a copy of which
is attached and made a part hereof.
3. All of the above captioned actions are hereby
settled and dismissed, with prejudice, and without cost to any
party, and all rights of appeal from any order or judgment
entered in,any or all of the above captioned actions are hereby
waived.
Dated: April , 1978.
CITY OF EDINA
by
Its Mayor
and
Its Manager
DORSEY, WINDHORST, HANNAFORD,
WHITNEY & HALLADAY
by
Thomas S. Erickson
2300 First National Bank Building
Minneapolis, Minnesota 55402
Attorneys for City of Edina
and Edina City Council
FIRST WISCONSIN NATIONAL BANK OF
MILWAUKEE
by
Its
and
Its
Arthur L. Doten
1300 Northwestern Bank Building
Attorney for First Wisconsin
National Bank of Milwaukee
DECLARATION
i
THIS DECLARATION, made this day of
i
1979, by First Wisconsin National Bank of Milwaukee, a national
banking association ( "Owner "), having an address at 777 East
Wisconsin Avenue, Milwaukee, Wisconsin 55302.
WITNESSETH:
WHEREAS, Owner is the owner of certain real estate
located- in-the City of Edina., Hennepin County, Minnesota and i
• i
legally described as follows, to wit:
Outlot C, Walnut Ridge Third Addition, according
to the plat thereof on file and of record in the
office of the Registrar of Titles of Hennepin f
County, Minnesota; and
WHEREAS, situated on that part of said Outlot C lying
I
Southerly of a line commencing 200 feet north of the most Southerly
i
point of said Outlot C and extending East to Vernon Avenue
i
is a orie -story brick building consisting of one living room,
one dining room, one kitchen, two bedrooms, and one and three - fourths
bathrooms formerly used as a model apartment and now rented from time-
to time to tenants (the "Building "); and
WHEREAS, the City of Edina (the "City ") has sought,
among other things, to cause Owner to remove the Building; and
WHEREAS, as part of a comprehensive settlement agreement
entered into between Owner and the City in connection with
Hennepin County District Court Cases No. M7731139, W- 731140 and
W- 731141, this instrument is required to be executed and placed of
record.
Now, therefore, for good and valuable consideration,
Owner, for itself and its successors and assigns, hereby declares
that said Outlot C is and shall be held, transferred, leased,
sold, and conveyed subject to the following:
1. The Building, together with the driveway serving
and other hard - surfaced areas adjoining the Building, shall be
removed on.or before midnight, December 31, 1982.
2. Promptly after such removal, the then owner of said
Outlot C shall restore and landscape the area disturbed by such
removal in a manner consistent with the then contour of and
landscaping on said Outlot C in a manner reasonably satisfactory
to the City's Planning Department.
3. It is intended.and agreed that-the foregoing
covenants shall run with the title to said Outlot C, and that
they shall ,in any event, and without regard to technical clas-
sification or designation, legal or otherwise, be binding on
all present and future owners, occupiers, and encumbrancers
of said Outlot C, to the fullest extent of law and equity,
for the benefit and in favor of, and enforceable only by, the
City, and its successors and assigns, such enforcement to be
by proceedings at law or in equity against the owner or owners
of said Outlot C, to prevent such violation, to recover damages
therefor, or to require compliance with the foregoing covenants
by mandatory injunction, court order, or other means. In each
case, the then owner or owners shall also pay all court costs
and attorneys' fees incurred by the City, or its successors or
assigns, in connection with the commencement and prosecution
of any such proceedings.
IN WITNESS WHEREOF, this Declaration has been duly
executed by Owner as of the day of , 1978.
FIRST WISCONSIN NATIONAL BANK
OF MILWAUKEE
By
Its
And
Its
-2-
r i
STATE OF
ss. I
COUNTY OF ) j
The foregoing instrument Was acknowledged before me, a
i
notary public, this day of , 1978, l
I
by and ,
and
of First Wisconsin National Bank of Milwaukee, a national banking
association, on behalf of the association.
THIS INSTRUMENT WAS DRAFTED BY:
Thomas M. Mayerle
1300 Northwestern Bank Bldg.
Minneapolis, Minnesota 55402
(612) 371 -5300
-3-
::g:
-I
RESOLUTION
WHEREAS, the actions brought by First Wisconsin National
Bank of Milwaukee [ "First Wisconsin "] against the City of Edina
and the Edina City Council, being Hennepin County District
Court Cases No. M- 731139, W- 731140, and W- 731141, relating
to removal of a one -story brick building [the "Building "] on
Outiot C, Walnut Ridge Third Addition, are now proposed to be
settled and dismissed with prejudice and without costs to any
party, with all rights of appeal waived, with First Wisconsin
to file of record a Declaration in which it agrees to remove
the Building on or before midnight of December 31, 1982, and
to restore and landscape all areas disturbed by such removal
consistent with the then contour of, and landscaping on, the
property and in a manner reasonably satisfactory to the Planning
Department of the City, and with City of Edina agreeing to the
terms of this Resolution; and
WHEREAS, such a settlement is acceptable to the City
and the City Council.
NOW, THEREFORE, IT IS RESOLVED that the above listed
lawsuits be settled on the above terms and conditions, and
the Mayor and Manager are authorized and directed to enter
into a stipulation so settling said lawsuits and providing
for the filing of such a Declaration by First Wisconsin.
BE IT FURTHER RESOLVED, as consideration for and as
a part of such settlement, that the Building shall be allowed
to remain in its present location, and to be used as a dwelling
at such location, until December 31, 1982, unless prior thereto
said Building is lawfully ordered repaired or removed, or the
use thereof is lawfully stopped, pursuant to applicable codes,
ordinances, or statutes, other than the zoning statutes and the
zoning ordinance of the City, by reason of changes in the nature
or condition of the Building hereafter occurring; that once the
Building is removed, and the other agreements of First Wisconsin
as set out in the recorded Declaration are fulfilled, all pur-
suant to such Declaration, and upon written request, the City
shall execute and deliver a certificate in recordable form,
reciting that the obligations imposed by said Declaration have
been fully performed.
This Resolution shall not be effective until, and shall
become immediately effective upon, the execution by the City and
First Wisconsin of the stipulation settling said lawsuits as
set forth above.
-2-
STATE OF MINNESOTA
COUNTY OF HENNEPIN
First Wisconsin National
Bank of Milwaukee,
Plaintiff,
VS.
City of Edina, et al.,
Defendants.
First Wisconsin National
Bank of Milwaukee,
Relator,
VS.
City of Edina, et al.,
Respondents.
First Wisconsin National
Bank of Milwaukee,
Relator,
VS.
City of Edina, et al.,
Respondents.
DISTRICT COURT.
'FOURTH JUDICIAL DISTRICT
File No. M- 731139
(Declaratory Judgment Action)
File No. W- 731140
(Mandamus Proceeding)
File No. W- 731141
(Certiorari Proceeding)
SETTLEMENT
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between
First Wisconsin National Bank of Milwaukee [ "First Wisconsin "],
the City of Edina [ "City "], acting for itself and for the Edina
City Council [ "Council "], that:
1. First Wisconsin agrees to execute and deliver
to City, at the same time this stipulation is executed, the
Declaration attached hereto and hereby made a part hereof, and
promptly thereafter to record a duplicate original thereof, at
its expense.
2. City agrees to abide by the terms of the Reso-
lutiori passed by the Council on April 17, 1978, a copy of which
is attached and made a part hereof.
3. All of the above captioned actions are hereby
settled and dismissed, with prejudice, and without cost to any
party, and all rights of appeal from any order or judgment
entered in.any or all of the above captioned actions are hereby
waived.
Dated: April , 1978.
CITY OF EDINA
by
Its Mayor
and
Its Manager
DORSEY, WINDHORST, HANNAFORD,
WHITNEY & HALLADAY
by
Thomas S. Erickson
2300 First National Bank Building
Minneapolis, Minnesota 55402
Attorneys for City of Edina
and Edina City Council
FIRST WISCONSIN NATIONAL BANK OF
MILWAUKEE
by
Its
and
Its
Arthur L. Doten
1300 Northwestern Bank Building
Attorney for First Wisconsin
National Bank of Milwaukee
-2-
DECLARATION
THIS DECLARATION, made this day of ,
1 973, by First Wisconsin National Bank of Milwaukee, a national
banking association ( "Owner "), having an address at 777 East
Wisconsin Avenue, Milwaukee, Wisconsin 55302.
WITNESSETH:
WHEREAS, Owner is the owner of certain real estate
located in.the City of Edina, Hennepin County, Minnesota and
legally described as follows, to wit:
Outlot C, Walnut Ridge Third Addition, according
to the plat thereof on file and of record in the
office of the Registrar of Titles of Hennepin
County, Minnesota; and
WHEREAS, situated on that part of said Outlot C lying
Southerly of a line commencing 200 feet north of the -most Southerly
point of said Outlot C and extending East to Vernon Avenue
is" a'one -story brick building consisting of one living room,
one dining room, one kitchen, two bedrooms, and one and three - fourths
bathrooms,formerly used as a model apartment and now rented from time -
to time to tenants (the "Building "); and
WHEREAS, the City of Edina (the "City ") has sought,
among other things, to cause Owner to remove the Building; and
WHEREAS, as part of a comprehensive settlement agreement
entered into between Owner and the City in connection with
Hennepin County District Court Cases No. M- 731139, W- 731140 and
W- 731141, this instrument is required to be executed and placed of
record.
Now, therefore, for good and valuable consideration,
Owner, for itself and its successors and assigns, hereby declares
that said Outlot C is, and shall be held, transferred, leased.,.
sold, and conveyed subject to the followina:
1. The Building, together with the driveway serving
And other hard - surfaced areas adjoining the Building, shall be
removed on or before midnight, December 31, 1982.
2. Promptly after such removal, the then owner of said
Outlot C shall restore and landscape the area disturbed by such
removal in a manner consistent with the then contour of and
landscaping on said Outlot C in a manner reasonably satisfactory
to the City's Planning Department.
3. it is intended and agreed that the foregoing
covenants shall run with the title to said Outlot C, and that
they shall,,in any event, and without regard to'technical clas-
sification or designation, legal or otherwise, be binding on
all present and future owners, occupiers, and encumbrancers
of said Outlot C, to the fullest extent of law and equity,
for the benefit and in favor of, and enforceable only by, the
City, and its successors and assigns, such enforcement to be
by proceedings at law or in equity against the owner or owners
of said Outlot C, to prevent such violation, to recover damages
therefor, or to require compliance with the foregoing covenants
by mandatory injunction, court order, or other means. In each
case, the then owner or owners shall also pay all court costs
and attorneys' fees incurred by the City, or its successors or
assigns, in connection with the commencement and prosecution
of any such proceedings.
IN WITNESS WHEREOF, this Declaration has been duly
executed by Owner as of the day of , 1978.
FIRST WISCONSIN NATIONAL BANK
OF MILWAi;KEE
By
Its
And
Its
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m
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me, a
notary public, this day of , 1978,
by and ,
and _
of First Wisconsin National Bank of Milwaukee, a national banking
association, on behalf of the association.
THIS INSTRUMENT WAS DRAFTED BY:
Thomas M. Mayerle
1300 Northwestern Bank Bldg.
Minneapolis, Minnesota 55402
(612) 371 -5300
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