The URL can be used to link to this page

Home My WebLink About1978-07-10_COUNCIL MEETINGAGENDA EDINA CITY COUNCIL REGULAR MEETING JULY 10, 1978 7:00 P.M. ROLLCALL 1:. MINUTES of May 1 and 15, June 5 and Special Meetings of June 15 and 26, approved as submitted or corrected by motion of , seconded by I. PUBLIC HEARINGS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presenta- tion 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 Adjustments Decisions and Plan Amendments require action by Resolution. 3/5 favorable rollcall vote to pass. A. Victorsen's Timbers - Generally located at the Southwest corner of the 1u Crosstown Highway and Gleason Road 1. Preliminary Plat Approval - S -78 -10 (PC- 5/31/78) B. Edina Baptist Church - 53rd and France Ave. 1. Ordinance No. 811 -A117 - Second Reading C. Parkwood Knolls 20th Addition - Generally located South of Interlachen Blvd., North of Parkwood Rd., West of Schaef_r Road and East of Lincoln Dr. 1. Final Plat Approval - S -78 -5 D. Set Hearing Dates 1. Preliminary Plat Approval a. Morine's Addition - Generally located North of Morningside Road and West of Grimes Ave. - S -78 -11 (PC- 6/28/78) b. St. Alban's Addition - Generally located North of Valley View Road and West of Gleason Road - S -78 -12 (PC/6/28/78) C. Edina Interchange Center 7th Addition - Generally located West of Ohms Lane and North of W. 73rd St. - S- 78- 13.(PC/6/28/78) d. Preliminary R.L.S. for Dewey Hill Addition - Generally located North of W. 78th Street, West of Braemar Park and South of Dewey Hill Road - S -78 -14 (PC- 6/28/78) II. PUBLIC HEARING ON STREET VACATION Affidavits of Notice by Clerk. Presenta- tion by Engineer. If Council wishes to proceed, action-by-Resolution. 3/5 favorable rollcall vote to pass. A. Amundson Ave. Roadway and Utility Easement Vacation III. PUBLIC HEARING ON IMIMMf LEVY LIMIT BASE - Affidavits of Notice by Clerk. Presentation by City Manager. Spectators heard. Action of Council by Resolu- tion. 3/5 favorable rollcall vote to pass. V. SPECIAL CONCERNS OF RESIDENTS 1. Mr. Mark Thornton - Construction Noise on County Road 18 2. Edina Baptist Church Drainage Problems Agenda July 10, 1978 Page Two V. A14ARD OF BIDS AND QUOTES Tabulations and recommendation by City Manager. Action of Council by Motion. .A. New Starter Well for Well #5 - Confirmation-of Purchase_ .B. Workmen's Compensation In C. Compressor - Braemar Pavilion VI. ORDINANCES First Reading requires offering of Ordinance,-,only. 3/5 favorable rollcall vote to pass Second Reading. 4/5 favorable rollcall vote to pass if Second Reading should be waived. A. First Reading 1. Ordinance No. 901 -A7 - Liquor Store Hours VII. COMMUNICATIONS A. Petition 1. Street Name Change - Bonnie Brae Drive to Hyde Park Drive - Set Hearing Date (August 7, 1978) 2. Oiling - Parnell Ave. between W. 62nd and W. 63rd Streets VIII. RECOMMENDATIONS AND REPORTS A. Subdivision Dedication Guidelines (Continued from 6 /19/78) B. Notice of Claims 1. Mr. and Mrs. David Wendt - Mr. and Mrs. Alvin Brown 2. Oscar Roberts Company C. Krahl Hill Contributions D. Special Assessment Hearing Dates - August 21 and September 18, 1978 E. Transfer of Funds from Water Fund to H.R.A. F. Fountainwoods Easement - Findings of Fact G. Special Concerns of Mayor and Council H. Post Agenda and Manager's Miscellaneous Items IX. FINANCE A: Guidelines for Industrial Aid Bonds B. Claims paid. Motion of was seconded by for payment of the following claims per Pre -List: General Fund, $129,994.01; Park Fund,.$4,448.84; Art Center, $1,893.84; Park Construction, $5,637.30; Swimming Pool, $949.50; Golf'Course, $4,655.00, Arena, $1,154.22; Water Works, $419.80; Sewer Fund, $94,261.58; Liquor Fund, $7,068.64; Construction Fund, $4,501.86; IBR, $139.20; Total, $255,123.79; and for confirmation of payment of the following claims as per Pre -List dated 7/3/78: General Fund, $18,550.04; Park Fund, $2,429.50; Art Center, $730.48; Park Construction, $6,006.75; Swimming Pool, $1,170.56; Golf Course, $1,693.03; Arena, $12,728.04; Gun Range, $143.80; Water Works, $5,715.87; Sewer Fund, $1,460.82; Liquor Fund, $1,430.45; Construction Fund, $383.46; Total-, $52,442.80; and for confirmation of the following claims as per Pre -List dated 6/30/78: General Fund, $481,260.51; Art Center, $9.69; Swimming Pool, $224.42; Golf, $3,583.22; Arena, $11.45; Gun Range, $32.06; Water Works, $1,693.19; Liquor Fund, $101,920.83; Construction, $908.18; Total, $589,643.55 VA REQUEST FOR PURCHASE it TO: Mayor and City Council FROM: Fran Hoffman, Director of Public Works and Engineering VIA: Kenneth Rosl and, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: June 29, 1978 Material Description (General Specifications): Emergency Purchase - new Starter for 1-fell #5. Present Starter inoperative. Quotation /Bids: Company .Amoot•of:Quote or Bid � . �. United Electric Corporation $39750.00 2. Midwest Electric Company $39763.32 3. Department Recommendation: United Electric Corporation $3,750.00 50 /19 /7,4 Signature Department Finance Director's Endorsement: The recommended bid is his not withi4;inanice mount budgeted for the purchase. N. Dalen Director City Man a r-11"s Endorsement: concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: A.f L__ .. RESOLUTION WHEREAS, the Minnesota State Legislature has defined decibel rates for safe and reasonable living conditions; and WHEREAS, noise in connection with the construction of County Road 18 reaches decibel limits that are unacceptable, having exceeded the limits established by the Minnesota Pollution Control Agency; and WHEREAS, objections have been voiced to the Edina City Council by resi- dents living in the area; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby requests that the Minnesota Pollution Control Agency look into this matter and take appropriate action at its earliest opportunity. ADOPTED this 10th day of July, 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 July 10, 1978, and as recorded in the minutes of said Regular Meeting. WITNESS my hand and seal of said City this 17th day of July, 1978. City Clerk July 18, 1988 Ms. Sar&a'Gardebring, Executive-.Director Minnesota Pollution Control Agency 1935 W. County Road B2 Roseville, MM 55113 Dear Nis. Gardebring: Enclosed is a copy of a resolution adopted by the Edina City Council regarding.the noise level problem caused by'construction of.County Road 18. The Council did listen to recordings and looked at the noise meter which registered a nigh decibel level which is very unacceptable for living . conditions adjacent to the construction area. Tt is our understanding that the 'County has not been cooperative in responding to complaints of neighbors and, therefore, this action has been taken by the City. Council. Your efforts in support of this resolution will be appreciated. Yoursvery truly, Kenneth E. Rosland City Manager Enclosure KER/ fbh July 18, 197$ Tiie Honorable, OL-to, Bang 5200 Duggan Plaza r,dina, M-4 55435 Dear Otto: Enclosed is .a copy of a resolution adopted by the Edina City Council at its Regular Meeting of July 1, 1978, regarding the noise level problem caused by construction of County Road 18. The Council did listen to recordings and 'looked at the noise meter which registered a high decibel level which is very unacceptable for living conditions adjacent to the construction area. It is our understanding that the County has not been cooperative in respending to complaints of neighbors and, therefore, this action has been taken by the City.Council. :ours very, truly, Kenneth E. Rosiind City Manager enclosure KER /fbh July 18, 1978 The Honorable Mary Forsythe 4605 Ldina Blvd. Edina, KI 55424 Dear Nary Enclosed witli this letter is a copy of a resolution adopted by the Edina City Council regarding the noise level problem caused by construction of County Road.18. The Council Did listen to recordings.and looked at the noise meter which registered a high.decible level which is very unaoceptaible for living conditions adjacent to the construction area. It is our understanding that.the.County has not been cooperative in responding to complainto of neighbors and, therefore, this action tzas been taken by the .City 'Council Yours very truly,,,. ' Kenneth R. Rosland City Manager enclosure KRR/fbh July' 17, 1978 Hr. Richard E. Kremer, Commissioner Hennepin County Board of Commissioners Government Center 300 S. 6th St. Minneapolis, W? 55487 Dear Dick: Enclosed with this.letter_.is a resolution regarding the noise level problem caused by construction of County Road 18. The Council did listen to recordings and look at the noise meter which registered the high decible level which is very unacceptable for living conditions adjacent to Lhe construction area. It is our understanding that the County has not been cooperative in- responding to the complaints of neighbors and, therefore, this action has been taken by the miry Council. Yours very truly, Kenneth E. Rosland City Manager enclosure KERJfbb /1 1-7 A S. The fair market value of the building to be financed by the bonds, exclusive of personal property, equipment, and machinery located in; on, or about the building, and exclusive of the real ` estate on which the building is or is to be constructed, shall have a fair market value at'least equal to the total aggregate amount of bonds,and interest thereon, requested by the applicant to be issued. The City may require an appraisal, by an appraiser acceptable to it, to determine or confirm such fair market value. A A. RESOLUTION ADOPTING GUIDELINES FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS The City Council has been granted authority to issue Municipal Industrial Development Bonds by the terms of the Minnesota Industrial Development Act of 1967 as amended. The City Council is aware that such financing for certain types of industrial and commercial enterprises may be of benefit in the community, and accordingly, has indicated its willingness to consider requests for Industrial Development Bond financing, subject to the following guide- lines: 1. The industrial or commercial projects shall be compatible with the overall development plans and objectives of the City. 2. Only new construction or expansion amounting to $1,000,000 or more will be eligible for financing by Municipal InduWtrial Develop- ment Bonds. 3. The applicant shall be required to furnish certified annual audits for the last three fiscal years, the most recent quarterly financial statement, the most current rating report from Dun-. and Bradstreet, and the applicant's realistic financial forecast for a period of not less than three years.' The City Council may submit this data to financial analysts of its choice. The financial analysts will review the data and make such written comments to the City Council as to the current and projected financial position A PA of the applicant. The applicant shall be required to assume costs which are incurred by the City in conducting this finan- cial review. 4. The net revenues before deducting depreciation, interest challges or existing debt (and/or lease rentals on other equip- ment and facilities) and Federal and State income taxes-shall have-o-een for the last three (3) previous accounting years not less than two (2) times the annual principal and interest due Pr the applicant's deb outstanding ( r tal and the principal and interest payments on the bonds proposed to be issued. 5. to or - y:MtYt onds and° interest due. An a eri�• 6. All ad m' istrative, legal, planning, fiscal, appraising and an other costs incurred b the City in connection with the pro- posed � y y p posed project will be paid by the applicant whether or not the bonds are issued. 7. The City Council reserves the right to consider all aspects of the proposed projects as well as the right to approve or re- ject any proposed project and the decision of the City Council shall be final. VON MEMORANDUM Date: July 5, 1978 To: Mayor and City Council From: Jerry Dalen, Finance Director Subject: Krahl Hill - Contributions Summary of contributions is as follows: Cash payments $17,773.00 Pledges 22,882.00 $40,655.00 Refunded to Association 5,655.00 $35,000.00 Payments of $20,432 have been received on pledges, $300 will be paid during 1979 and $2,150 remains on unpaid. They have been billed a number of times. We recommend recording the mortgage deed on the four unpaid. JD:md June 29, 1978 We are concerned that further enlargement of the Edina Baptist Church Parking Lot will affect the livability and value of the ajoining homes. The Lot has been enlarged several times in recent years. This has added to existing problemst ITI DE�r�UATE D?RATT.IAGE - Water flows off the Lot lil- e a ,waterfall, flooding yards behind, dvrinc heavy r6l*h5 LATE TvIGHT VOIS , unrelated to church activities dragging and racing vehicles, loud partying VISUAL POLUTIOT? - replacing greepery with asphalt We feel that a larger Lot threc:a.tens the established residential character of the surrounding proherty. ',ale certainly would object to having the Lot extended to Halifax Avenuer Is this possible or ir.,tended? Would the city planning department have any position or responsibility in this? Suggestions: 1. Chain the hot to prevent unauthorized late -night use. ?. Correct present drainage problem. Provide adequate drainage for future paving at the same time. 3. Couldn't there be islands and trees left, or planted? 4. Keep some trees to screen the view of the hot. Make a real attempt . to .retain the visual attractiveness of the neighborhood. 5. -FeUe �. �'eQ�t, o �u� � e� �'o ,c T ,� A- � ;:AIr � �o x IIT ` `r. 5� 0 REQUEST FOR PURCHASE Mayor and City Council -POM: Bob Kojetin, Director of Park and Recreation .!TA: Kenneth Rosland, City Manager '!jBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 'ATE: June 7, 1978 aterial Description (General Specifications): Two Compressors for Braemar Pavillon.- `"tuotations /Bids: Company 1• Vilter Manufacturing Corp. 2. Metropolitan Mechanical Contractors, Inc. apartment Recommendation: Vilter Manufacturing Corp at $9,998'.00. Signat Pmount of Quote or Bid $9.998.00 $12,980.00 i (, Department Finance Director's Endorsement: The recommended bid is � d is not � within the amount budgeted, for the purchase. '— J. N. Dalen Finance Director City Manager's Endorsement: �l 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: // A /K61, Seth f'r� land Pa 7a L, °To 77N e(V 7-1 ti Cr �v -��s� �c�,� .� t/�a fie, ra T- rr►c, G 1 r y Gpv ov Gi� - c oov� ✓ ^1 i �U -- d�C�s�,oe.�x.e - - - � J a /1Y�s r` i GEORGE M. H A N 5 E N COMPANY Certified Public Accountants 175 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY 100 MINNEAPOLIS, MINNESOTA 55416 546 -2566 June 2, 1978 The City Council City of Edina Edina, Minnesota Dear Council Members: During the course of our audit work, we make certain general observations which we feel will be of interest to you. These observations, of course, refer only to those areas to which our audit work extended. It is our responsibility to comment on the internal control of operations. Internal control is defined as the segregation of duties so that no one employee has complete control over an entire transaction. Good internal control suggests that the work of one employee becomes an automatic check on the work of another employee. The comments which follow are not criticisms of the present system, but rather suggestions for improvement based upon both our experience and our observations of similar situations in other governmental entities. INTERNAL CONTROL AND RELATED MATTERS Use of Check Signing Machine We noted that the signature plate and keys for the check signing machine are stored in an unlocked desk. One of the purposes in the use of check signing machine is to effect good internal control. Maximum control is affected by safeguarding the signature plate and the keys and having two employees, each having one key to the check signing machine, present at the signing of checks. A log of persons using the plate and keys, and the check numbers should''also be maintained. Checking Accounts The City has separate checking accounts for the payroll and license bureau. The, actual amount in these accounts is not in agreement - with'the amounts recorded in the City's financial records. The necessary adjustments should be made so that the amounts are the same. City records The City accounting.system does not include the transactions of M.H.F.A. or Community Development grant funds, these items are accounted for through separate checking accounts. These funds are City activities and should be accounted for as such. 1 r. • l The City,Council City of- Edina, Minnesota June 2, 1977 Page 2 INTERNAL CONTROL AND RELATED MATTERS (CONTINUED) Payroll Entry of files for new employees and changes in the personnel files; i.e. rate changes, addresses, etc., should be made by a person not involved with the preparation, reconciliation or distribution of payroll information or payroll checks. Petty Cash and Change Funds Better control of petty cash and change funds could be effected by having someone other than the custodian of the fund periodically count these funds. We understand such a program is being currently developed. OTNRR TTF.MG Accounting Records .The City's accounting records include the general fixed assets in the financial statements of the fund from which they-were acquired and this practice is not in accordance with generally accepted accounting principles. Generally accepted accounting principles require that the general fixed assets be accounted for separately in the general fixed assets group of accounts. We suggest the City record the general fixed assets accordingly. Also included in the City's accounting records for the General Fund is the liability for-the H.R.A. bonds of $2,200,000. Generally accepted accounting principles require that this debt be included with the general long -term debt of the City. We suggest the - City also make this accounting change. For purposes of financial reporting our audit report, with the consent of Mr. Dalen, has restated the above items in accordance with generally accepted accounting principles. Transfers Recorded as a liability of the Improvement Bond Redemption -Fund is $12,394.76 that is due to the construction funds. This amount should be tranferred during 1978. The City Council City of Edina, Minnesota. June 2, 1978 Page 3 OTHER ITEMS (CONTINUED) Assessments receivable The amount "recorded as receivable for delinquent special assessments by the City differs from the county-records. The City records should be brought into agreement with the County. Reserves In the General, Park and the Improvement Bond Redemption Funds certain items of revenue and expense are presently accounted for through the reserve accounts and are not reflected in the operating statements of the respective fund. Financial reporting of the funds-would be improved if these items were - reflected as revenue and expense. We would be pleased to discuss these suggestions further with you and assist with any changes you may wish to make. JGM: ap Field work compLeted May 4, 1978. Very truly yours,yy� J. Grego Murphy g P Y GEORGE M. H A N S E N COMPANY Certified Public Accountants 175 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY 100 MINNEAPOLIS. MINNESOTA 55416 546 -2566 June 2, 1978 The City Council City of Edina. Edina, Minnesota Dear Council Members: In connection with our audit work for the City of Edina, we make certain general observations about the City's financial condition which we feel will be of interest to you. General Fund. The 1977 budget provided for no change in the fund balance during 1977. However, the balance increased $190,398 as shown in the following summary: Revenue Expenditures Budget $4,625,111 4,625,111 S -0- Actual $4,670,372 4,479,974 $ 190,398 Actual over (under) budget $ 45,261 (145,137) :190 398`: The fund balance at December 31, 1977 was $349,276, none of which has been appropriated to finance the 1978 budget. The unappropriated fund balance represents approximately,7.5% of the 1978 General Fund budget. Such an unappropriated fund balance leaves little reserve for budget variations and emergency -type appropriations. Many cities try to maintain an unappropriated fund balance of atleast 10% of the budget.. We'-suggest Council try to increase this balance, although,we realize that this would be difficult with-your current budget restraints. The City could conceivably increase the unappropriated fund balance of the General Fund by reviewing'two reserve accounts to determine if the total of the amounts contained therein are still required for the purpose indicated. The reserve accounts are: 1. The Dedicated Funds Reserve. This reserve has .a balance of $105,986 resulting from the excess of State police aid over expenditures to December 31, 1977. The City Council City of Edina, Minnesota June 2, 1978 Page 2 General Fund (Continued) 2. The Reserve for Commitments. This contains commitments totaling $746,084, as follows: Street improvements I $229,538 Accounting system $ 20,000 General capital improvements 150,000 Microfilm equipment Concrete replacement 25,000 and supplies 5,550 Sidewalk construction 10,500 Backhoe and sweeper Alley construction 3,000 for bobcat 2,500 Bridge renovation 17,000 Storage lift and rack 2,000 Curb repair 9,000 Police pension supplement 40,000 Planning 4,500 School - Assessing 3,000 City Hall improvements 3,500 Ornamental lighting 4,000 Street name signs 18,000 Other equipment 54,900 Contract work for lakes Contingencies 88,596 and ponds 25,000 $746,084 Traffic signs 10,000 Aerial photos 20,500 Any reduction of the above amounts would increase the unappropriated fund balance. Other Funds The Revenue Sharing Fund, fund balance was $291,559 at December 31, 1977 with $225,000 appropriated to the 1978 General Fund Budget. The Park Fund has a Reserve for Park Acquisition and Improvement of $168,696 which has accumulated primarily through -park dedication fees. We believe the accounting for park improvements should be handled in one fund, the Park Construction Fund. If this reserve were transferred to the Park Construction Fund, all monies available for such improvements would be reflected in one-fund.'- The Park Sinking Fund had an unappropriated fund balance of $185,223 which represents the excess of future tax levies over the debt service requirements. In the future the debt service levy can be reduced because of this excess. I The City Council City of Edina, Minnesota June 2, 1978 Page 3 Other Funds (Continued) The following is the results of operations for the enterprise funds for 1977, 1976 and 1975. Income (loss). The swimming pool, recreation center and gun range continued their loss during 1977. A review should be made of these operations to determine what changes may be necessary in user charges or expenses to eliminate the loss. It is possible that these funds,may need a subsidy from the General Fund in order to eliminate the annual losses. Some provisions for a subsidy have been made in the 1978 budget.'' The Liquor Fund sales for 1977 increased $149,946 or 3.85% from 1976, the cost of sales for 1977 increased $137,590 or 4.26% from 1976, resulting in a gross profit increase of $11,996 or 1.82 %. Operating expense decreased $3,537 or .89 %. the result of the above factors was an increase in operating income of $15,533, from $261,316 in 1976.to $276,849 in 1977. We will be happy to discuss the financial condition further with you at your convenience. We also wish to express our appreciation for the courtesy and assistance extended to us during the course of our examination. JGM:ap Field work completed May 4, 1978. Very truly. yours, '� J. Greg M by 1977 1976 1975 Waterworks $(1641178) $( 12,043) $( 67,462) Sewer Rental ( 64,761) 190,836 (174,018) Liquor 329,621 301,638 474,519 Swimming Pool (14,882) ( 6,873) ( 10,053) Golf Course 100,474 54,704 52,814 Recreation Center ( 31,617) ( 25,042) ( 16,134) Gun Range ( 1,768) ( 2,557) ( 7,109) Art Center 6,281 -0- -0- The swimming pool, recreation center and gun range continued their loss during 1977. A review should be made of these operations to determine what changes may be necessary in user charges or expenses to eliminate the loss. It is possible that these funds,may need a subsidy from the General Fund in order to eliminate the annual losses. Some provisions for a subsidy have been made in the 1978 budget.'' The Liquor Fund sales for 1977 increased $149,946 or 3.85% from 1976, the cost of sales for 1977 increased $137,590 or 4.26% from 1976, resulting in a gross profit increase of $11,996 or 1.82 %. Operating expense decreased $3,537 or .89 %. the result of the above factors was an increase in operating income of $15,533, from $261,316 in 1976.to $276,849 in 1977. We will be happy to discuss the financial condition further with you at your convenience. We also wish to express our appreciation for the courtesy and assistance extended to us during the course of our examination. JGM:ap Field work completed May 4, 1978. Very truly. yours, '� J. Greg M by CITY OF EDINA In the Matter of the Request of the Fountain Woods Apartments for a Modi- fication of a Scenic and Open Space Easement Generally Located Over the Easterly 80 feet of Outlot C, Walnut Ridge 3rd Addition. • F• FINDINGS, ` DECISIONS., AND REASONS The above entitled matter was heard before the City Council, City of Edina, on June 19, 1978, and July 10, 1978. T. A. Rocheford of Rockford, Inc., Agents for Fountain Woods Apartments ( "Proponent ") was present. The City Council, having heard anti reviewed the evidence and 'law adduced by the Proponent, City Staff,.and surrounding residents, and being fully advised, after due consideration, hereby makes the follow- ing FINDINGS OF FACT: 1. On October 19, 1970, the Edina Village Council rezoned Outlot C, Walnut Ridge 3rd Addition ( "Subject Property ") from R• -1 Single Family Dwelling District to R -4 Multiple Residence District. The publi- cation of Ordinance No. 261 -213, which granted said rezoning, was with- held pending the execution and submission of protective covenants for the Subject Property as well as a scenic and open space easement located over the easterly 80 feet of the Subject Property. Said easement was re- quested by the Edina Village Council to provide a natural buffer between the multiple residence building proposed for the Subject Property and existing single family dwellings located on Walnut. Drive. 2. On November 6, 1970,_a perpetual Scenic and Open Space Ease- went ( the "Easement ") was granted to the Village of Edina by William J. and Winona S. Sime, Owners, and P.C.H. Company, Developers of the Subject Property. ( Exhibit A) The Easement was located over the following des cribed portion of the Subject Property ( Easement Area).: All that part of Outlot C, Walnut Ridge Third Addition, accord- ing to the recorded plat thereof, Hennepin County, Minnesota, lying East of a line described as follows: Commencing at the point of intersection of the North line of said Outlot C and a line drawn.parallel with and 80 feet Westerly of the East line of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly-of the East line of said Outlot C to-the point of.,intersection of.said parallel line with the Northerly line, extended Westerly, of West 60th Street as shown on the plat of Walnut Ridge and Walnut Ridge First Addition; thence Southwesterly to the point of intersection of the Southerly line, extended Westerly, of said West 60th Street with a line drawn parallel with and 80 feet Westerly of the East 14_ne of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C to the Southerly line of said Outlot C and there terminating. The stated purpose of the Easement was to assure that the Ease- ment Area would at all times remain as open space and constitute scenic surroundings. To accomplish this purpose, the owners and developers of the Subject Property, for themselves and their respective assigns, agreed by way of the Easement that: a) No building or structure of any kind shall be erected or placed on any part of the Easement Area. b) The Easement Area shall at all times be left in a wild, natural and undeveloped condition and state. 3. Subsequent to the grant of the Easement, a.320 unit multiple residence entitled Fountain Woods Apartments was constructed on the Subject Property. -2- 4. On May 22, 1978, the Proponents requested a modification of the Easement to allow the construction of a 60 foot by 120 foot unlighted tennis court on a portion of the Easement Area. The proposed location of the requested tennis court is delineated on Exhibit B, attached hereto. The Proponent's reason for this request was based upon the demand on existing private and public tennis courts on and in the vicinity of the Subject Property. 5. On June 5, 1978, the Edina City Council scheduled a public hearing for June 19, 1978, to consider the requested modification of the Easement. Mailed notices announcing this public hearing were sent to property owners abutting the easement area. 6. On June 19, 1978, the Edina City Council conducted a public hearing on the modification of said Scenic and Open Space Easement. At said hearing, three property owners abutting the Easement Area appeared before the City Council and submitted evidence and testimony supporting the denial of the modification of the Easement. Therefore, based upon the foregoing Findings, the City Council does hereby make the following DECISION: Based upon all facts and circumstances, the request for modifi- cation of the Easement is-hereby denied. The above decision is made for the following REASONS: 1. The stated purpose of the Easement is to assure that the Easement Area shall at all times be left in a wild, natural, and undev- -3- eloped condition and state. The construction of the requested tennis court by the Proponents would not be in accordance with the stated purpose of said easement and would detract from the wild -and natural condition of the Easement Area. 2. The Easement was granted primarily to provide a buffer be- tween the multiple residence constructed on the Subject Property and single family dwellings located on Walnut Drive. The proposed tennis court would diminish the value and benefits derived from such a buffer. 3. Owners and purchasers of dwellings on Walnut Drive.and adja- cent to the Easement Area have relied upon the protection afforded them by the Easement. 4. The amendment of the Easement to allow the construction of a tennis court would be contrary to the stated purpose of the easement and would detract from its value as a- buffer for and protection to the adja- cent dwellings. -4- i T � 1 �X1-t I L November 16, 1970, as Document No. 982601. SCENIC AND OPEN SPACE EASEMENT GRANT • THIS INDENTURE, made this A day of , 1970, _ William J. Sime and Winona S. Sime, his wife; P C It CO., a partnership con - betweencictinn of P H_P_ TNVF1;T,'•11FNT'C014PAP1Y_ a MinnPen a'rnrnnra -inn_ Frank• R. Cardarelle and Ernest 0. Hartwick, parties of the.f.irst part, and VILLAGE OF EDINA, a municipal corporation under the laws of the State of Minnesota, party of the second part, WITNESSETH: That the said parties of the first part, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, do hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, Forever, a Scenic and Open Space Easement on the terms hereinafter specified over the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to -wit: All that part of Outlot C, Walnut Ridge Third Addition, accord - ing to the recorded plat thereof, Hennepin County, Minnesota, lying East of a line described as follows: Commencing at the point of intersection of the North line of said Outlot C and a line drawn parallel with and 80 feet Westerly of the Ecat line of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C to the point of intersection of said parallel line with the Northerly line, extended Westerly, of West 60th Street as shown on the plat of Walnut Ridge and Walnut Ridge First Addition; thence Southwesterly to the point of intersection of the Southerly line, • extended Westerly, of said West 60th Street with a line drawn parallel with and EO feet Westerly of the East line of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C to the Southerly line of said Outlot C and there terminating, (herein- after called the "Easement Area "). The purpose of this.Scenic and Open Space Easement is to assure that the above described Easement Area shall at all times remain as open space and constitute scenic surroundings. To accomplish such purpose, parties of the first part, for themselves and their respective heirs, successors and assigns, do hereby covenant and agree as follows: 1. No building`or structure of any kind shall be erected or placed on any part of the Easement Area. 2. The'Easement Area shall at all times be left in a wild, natural . and undeveloped condition and state. ._.. .may._ _. _..._ .. ...... •. .. .. �. ..... .. �' . 7 f 3. Subject to the provisions of paragraph 2- hereof,.the Easement Area shall be used, occupied and enjoyed at all ,times by parties of the first I part, their heirs, successors and assigns, in full compliance at all times with all applicable ordinances of Edina now or hereafter enacted. 4. If there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants or conditions of this . easement grant, the party of the second part may prosecute any proceedings at law or in equity against the person, firm or corporation violating or breaching, or attempting to violate or breach, any such term, covenant or condition, to either prevent such violation or breach or to recover damages for such violation or breach. Also, party of the second part, in the event of such violation or breach, without notice, may, at its option,. undertake to perform the term, covenant or condition so violated or breached, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law, shall be payable on demand by the then owners of said Outlot C, and, in addition to other remedies then available for collection of such cost and interest, the party of the second part may charge such cost and interest against said Outlot C in the same manner as special assess- ments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against said Outlot C payable in the year following the year such costs and interest are so charged,:and if not paid, said Outlot C may be sold and conveyed in the same 'manner as lands forfeited for nonpayment of real estate takes are sold_ and conveyed. S. The terms,,covenants and conditions hereof shall run with the land and shall be binding on all present and future owners of said Outlot C, and shall inure to the-benefit of party•of the second part, its successors and assigns. This Scenic and Open Space Easement shall not operate to grant the party of the second part the right to use the above described property as a park or any similar use, and the party of the second part and members -2- Ir of the public shall not acquire any right to make any improvements upon or to make any physical use of the above described tract. . This easement hereby granted may be amended, modified or released at any time and from time to time by the Village Council of Edina. TO HAVE AND TO HOLD THE SAME, Together.with all the hereditaments ` and appurtenances thereunto belonging or in anywise appertaining, to the 1 said party of the second part, its successors and assigns, Forever. This instrument is exempt from State Deed'Tax. IN TESTIMONY JaMREOF, the said parties of the first part have caused these presents to be executed the day and year first above written. I Presen2,@ off* iam J. Simi ¢J Winona S. Simi • �_ - ` v� by R.H.P. • INVESTttENT-tOMPANY oy H. Petersoresident�- Rartn� by tnc rank R. Card a11e --------- - KLORIDA b 1) �� Partn STATE OF XXXkSM) Ernest . �H rt; -A ck COUNTY OF .= `j On this day of /rCTi�� % /�ER, 1970, before me, a Notary- nubile withiin and for said County, personally appeared Willldm and and Winona S. Sime, his wife , to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. `n� ! // .� l''e liter H ary P am', County, Florida Nay commission expires - 19_ NOTRCF FUX!, SW CF F:, IOA AT Ui. :::E MY COM111;I11SION EXPIrES AUG. 7, 1073 ' 60PDD Tr ...J FRED Vt. DIFSIFl1M61 -3- STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) On this day of , 1970, before me, a Notary Public >~itl,in and for said County, personally appeared and to me personally known, who, being each by ne duly sworn did say that they are.respectively the and the of the corporation named ' in the foregoing instrument, and that the seal affixed.to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. This ins ?r_r,._.:r -. •.':;,? ;�y Dorsey, MisrSuar:, Y:i. _.._.•�, \;'oe ?fit'_ "! y 2 -400 1st R.:....i C =.nk =7. Nunne_poiis, E.tmr,.-sota 55402 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this 6th day of November , 1970, before me, a Notary Public within and'r said County, personally appeared Roy H. Peterson to me personally fo known, who being by me duly sworn did say that he is the President of R. H. P. INVESTMENT CWVANY, one of the partners of P C H CO., a partnership, the corpora- tion named in the foregoing instrument, and that the seal affixed to said instru- ment is the corporate seal of said R. H. P. INN ESTNENT COMPANY, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Roy.H. Peterson acknowledged said instrument to be the free act and deed of said corporation and the free act and deed of said partnership. / !. ' Guar/ Glenn G.. Nybeck Notary Public, Hennepin County, Minn. My commission expires Dec. 3, 1972. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this 6th day of . November 1970, before me, a Notary Public within and for said County, personally appeared Frank R. Cardarelle and Ernest 0. Har-L,wick, two of the partners of P C H CO., a partnership, to me known to be the persons described in and who. executed the foregoing instrument and acknawledged that they,executed the same as their free act and deed and the free act and deed of said partnership. Glenn G. Nybeck Notary Public, Hennepin County, Minn. My commission expires Dec. 3, 1972. GARq�.REt_ LE T AbSOG1ATE`�/ .INC. (_G�d 5u.rvcyo�s "� { 0651 dZ • Z3fl.S4 . �0 29�A „� 1 09- . 273 i7 ds b50 6tbi ' � �Gl � l •• ` 10� Pr•npesecj L\pca�•vwen�- �^ - Orp o � 6ul�cilv.g8 Iv Z3�5 _._• F to ' 44 SI•� MtZ o � I 27.:,7 or 1 N �i NOT �eP 8• }G oic:... ' 80� o A • o APaYtrnel•.t' Bu�laings z l.,v�c+er Cor.�TrUGtlptn .A Q `7 • \� t 1�15'��iDR SV DA" OF LD ►;1?► 0•� 3-� -•ice .ropC: 1 M * c �{,•iPu.�.ra.- I hereby certify that this is t true and f correct revresentation of a survey of: N �n:• o Outlot C.:e Third Additisn. 6,;, 1 �i -- •� �. 2nd of all vis'• - -anv/ fro ,::.or on said • `�� land. Surv�vrd by se_tr,t�,, 2t �1�!oflDece.•+oel1);2. RECEIVED A" 3 1973 / ---. ,r;: �-��,r frins: Pk.Carcare ^ -3tate Peg. No. 608 July 10, 1978 MEMORANDUM TO: Kenneth Rosland, City Manager FROM: Gordon Hughes, H.R.A. Executive Director SUBJECT: Transfer of Funds to H.R.A. - 50th and France Redevelopment Area. On July 7, 1978, bids were opened for the last remaining.construction activities for the 50th and France Commercial Area. These bids were divided into a base bid and an alternate bid. The base bid included 1) sidewalks, landscaping, and lighting around the 50th and France Building; 2) the Red Barn alley and accessory work; 3) the theatre alley sidewalk; 4) the Lucille Smith sidewalk; and 5) the area south of the south parking ramp. The alternate bid included all work (including a "focal point ") in the vicinity of the new building to be constructed on the old Liquor. Store site. The low base bid received on July 7, 1978, was $193,762.80. The low alternate bid was $59,943.90. Based upon these bid prices, the following schedule of excess expenditures over revenue is expected if the bids are accepted. Excess Expenditure Over.Revenue, Red Barn Acquisition Business Properties Acquisition Stanchfield Alley South Ramp Design Base Bid Alternate Bid Legal Options Dec. 31, 1977, - Excess Expenditure $61,103.45 12,132.68 475.00 324.00 24,805.95 9,159.60 98,439.08 75,938.29 3,000.00 $285,378.05 The following options can be considered for the above - referenced expenditure: 1. Award of base bid and.alternate bid and transfer of $285,378.05 to H.R.A. from City. /O, ooa -o v O Award of base bid and alternate bid, transfer of $209,378.05 to H.R.A. from City and re- allocation of $76,000 in Year IV �Community Development funds to 50th and France. Presently, $122,306 of Year IV Community Development funds are.allocated to Low and Moderate Income Housing land acquisition. An additional $11,000,of CD funds are allocated for administration of this land acquisition. Also Memorandum - Kenneth Rosland, City Manager Page 2 July 10, 1978 $12,000 is allocated to the Morningside Recycling study which has been declared ineligible by HUD. The alternate bid could be financed by re- allocating $12,000 of_ recycling study funds, $58,000 of land acquisition funds;:and:.$6,000_.of land acquisition ad- ministrative funds to 50th and France. This would leave $69,306 in land - acquisition and administrative funds which could be used for a write -down of the elderly site at 51st and France. A secondary option would be the transfer of additional CD land acquisition funds to 50th and France. 3. Deletion of portions of the base bid and alternate bid. Few items of.either the base bids or the alternate bid can be deleted. How- ever, staff believes that the improvements to the Lucille Smith sidewalk can be deleted from the base bid and the fountain can be eliminated from the alternate bid.. This would reduce the base bid by approximately $15,000 -and the alternate bid by approximately $20,000. Planning-,staff strongly discourages those deletions in order to maintain the original design objectives of 50th and France. 4. Reject the base bid and alternate bid and re- bid.in Spring, 1979. Staff believes that higher bids would be received if the contract award were delayed. Furthermore, the H.R.A. is under substantial pressure to complete the remainder of the project. In that the City will apparently not be able to utilize CD funds in Southeast Edina for low and moderate :income housing, staff believes that the second option as noted above would be the most appropriate method for financing the remaining work at 50th and France. Based .upon present projections, the requested transfer of funds from the City will not increase the duration of the tax increment district. GLH:nr ,I June 20, 1978 To: Clerk, City of Edina -. Edina, MN.55424 Please bring this notice to the attention of the governing body of your City. This is to notify you that The Western Union.Telegraph Company has filed with the Minnesota Public Service Commission rate revisions for intrastate Teletypewriter Exchange (TWX) service matching those already filed with.the Federal Communications Commission for interstate service. It is estimated that these changes, as described below, will produce an overall increase of one percent to two percent in our TWX revenues. 1. A reduction in the number of TWX mileage bands. 2. Changes in the levels of usage rates for TWX Service. 3. An increase in the TWX local usage rate from 150 to 20¢ per minute. 4. An increase in the TWX -TCS -TWX usage rate from 250 to 35¢ per minute. The following is a comparison of present and proposed TWX rate schedules: SUBSCRIBER DIALED CALLS Present Proposed Mileage between Rate Per Minute Mileage between Rate Per Minute points or Fraction Thereof points or Fraction Thereof Local $.15 Local $.20 0 -50 .20 0 -40 .30 51 -110 .25 41 -124 .40 111 -185 .30 125 -355 .44 186 -280 .35 356 -1024 .48 281 -400 .40 over 1024 .52 401 -550 .45 551 -750 .50 751 -1030 .55 1031 -1430 .60 1431 -2000 .65 over 2000 .70 I - 2 - TWX - CONFERENCE CALLS The conference charge is the sum of 50 cents for each station included.on. the connection, plus usage as shown below: - Mileage between the Rate per - minute two most widely (or fraction separated.exchanges thereof) For one.station For each in each of the. additional most widely station, separated regardless exchanges of location 0 -50 .30 $ .20 Current rate 51 -110 .40 .25 schedule: 111 -185 .45 .30 186 -280 .55 .35 281 -400 . .60 .40 401 -550 .70 .45 551 -750 .75 .50 751 -1030 .85 .55 1031 -1430 .90 .60 1431 -2000 1.00 .65 over 2000 1.05 .70 New rate 0 -40 .45 .30 schedule: 41 -124 .60. .40 125 -355 .66 .44 356 =1024 .72 .48 Note: If the charge is billed to a conference station other than the originating station, a charge (unchanged) of 25 cents is added to the total computed at the above rates. The Minnesota Public Service Commission will resolve the propriety of the rate revisions. In the meantime, effective June 23, 1978, Western Union will implement the rate revisions, subject to possible future TWX,rate reductions. should the Public Service Commission later find the rate revisions unreasonable. THE WESTERN UNION TELEGRAPH COMPANY One Lake Street Upper Saddle River, New Jersey 07458 GOVERNMENT RELATIONS DEPARTMENT a SUITE 1001, 1820 L STREET. N. W. western union WASHINGTON. 0. C. 20036 Municipal Clerk, City of Edina Edina, MN 55424 IN `�..:».:_J1 JUN22 *78. 'Z r r �A k i association of metropolitan municipalities A N N U A L R E P O R T 0 F O P E R A T I O N S FOR FISCAL YEAR 1977 -1978 Issued: June 27, 1978 300 Hanover Building, 480 Cedar Street, St. Paul, Mn. 55101 222 -2861 f ANNUAL AMM REPORT I. LEGISLATIVE ACTIVITIES As usual, the AMM and its member cities had a long list of items on their collective "want list" when the Legislature convened late in January. However, since this Session did not deal with municipal revenues or expenditures, the staff lobbying effort was concentrated towards helping to prevent passage of-a very restric- tive tax increment financing bill. As you know by now, -the com- bined efforts of the League, local officials and the AMM were suc- cessful in this effort. Our second major effort was directed towards seeking additional funding for cities in their fight against Dutch Elm and Oak Wilt diseases. While additional funding was not received, we were able to get an extension in the levy limit exemption for the local costs through calendar year 1919. Additional state funding will obviously be one of our priorities when the Legislature convenes next January. In addition, many other.Association legislative policies were ac- complished during this Session, and I think we can all be proud of the AMM's legislative success. This success was only possible because of the input, time and dedication of you, our member city officials. Thank you: For a more comprehensive report of legislative activity, please see Attachment I. II. MEMBERSHIP AND FINANCE The Association began the year with 55 members and ended the year with 60 (June, 1977 through May, 1978). We are extremely pleased with this growth, and the fact that this growth was well distri- buted throughout the entire metropolitan area. Over 85% of the residents in the 7- county area now live in AMM member cities. The new member cities were: Afton, Chanhassen, Falcon Heights, Mounds View, Savage, Shoreview, Spring Lake Park and Woodbury. Unfortun- ately, three previous members did not renew their membership.... -1- f accounting for the net gain of five. While the overall financial picture remains relatively strong, the Board of Directors did de- termine that a dues increase was justified and necessary, as was discussed and explained in a previous communique., There had been no dues increase for the previous three years in spite of annual inflation rates of 7 to 8% per year. As an adjunct to this dues increase and to be more consistent with the budget practice of member cities and the levy limits under which cities operate, the Board has adopted a policy that in-future years the dues will be increased in smaller amounts annually rather than large increases every four or five years. This method will pro- vide you with a more predictable dues figure each year during the budget planning for the following year. For a complete analysis of the Budget and financial picture, please see Attachment II. III. ANN SUPPORT SERVICES The major purpose of the Association, of course, is to represent the collective interests of its members before the Metropolitan Council, State Legislature and State Agencies. However, other services, both direct and indirect, are also provided. The ANN continues to be the primary financial supporter of the An- nual Metropolitan Area Salary Survey. An Elected Officials Salary Survey was also published, as it has been in previous years. The ANN also continues to help support financially the Labor Relations Consulting Services. Under the guidance of Roger Peterson, Direc- tor of Legislative Affairs for the Association, a one -half day seminar on levy limits and municipal aids was held which was at- tended by about 100 local officials. The response to this seminar was extremely positive and plans are underway to hold a similar seminar in early August. Secretarial and administrative support for the Metropolitan Area Management Association (MAMA) was again provided by Sylvia Bauer of the ANN staff. The ANN also co- sponsored, with the Metropolitan Council,a series of workshops aimed. at creating an awareness of actions cities can take to provide op- portunities for the production of less costly housing. Last, but not least, several newsletters and information bulletins were pub- lished to help keep the membership informed of activities, events and projects with impact or possible impact on city government. -2 r IV. METROPOLITAN COUNCIL AND RELATED ACTIVITIES A major portion of the total Association effort continues to re- main focused on the activities, policies and projects of the Metro- politan Council and the Metropolitan Commissions. The Association, through its policy committees, Board of Directors, and staff, represented and voiced the municipal concerns with res- pect to several Council projects and programs during this past year including: Metro Housing Policies, the Transportation Planning Process, Development Framework amendments, Mature Areas study, Wastewater Treatment and Sludge Disposal, and implementation of the Land Use Planning Act. The Association also was instrumental in the appointment of several officials from member cities to key Metropolitan Council Advisory Committees, including the Metropolitan HRA Advisory Committee, the Transportation Advisory Board (TAB), Solid and Hazardous Waste Ad- visory Committee, and the Land Use Advisory Committee. The Association also supported the City of Shakopee in a lawsuit brought against them by the Metropolitan Waste Control Commission (MWCC). One of the main issues in the lawsuit is the MWCC claim that it is a "superior power" and, therefore, not subject to muni- cipal zoning regulations. This could have ramifications for all cities if this suit is lost, and we are awaiting the Trial Court decision. V. 1978 -1979: A LOOK TO THE FUTURE! As we close the books on the 1977 -78 membership year and look for- ward to 1978 -79, it is obvious that the AMM is in a strong posi- tion, not only from a financial and membership standpoint but also from a credibility perspective in the eyes of the Legislature and Metropolitan Council as a strong voice for city government. This does not mean that we can become complacent or feel satisfied with past accomplishments. Quite the contrary .... we must continue to grow and to meet your needs if we are to remain a viable organiza- tion. To this end, the Board of Directors has adopted a Work Program for 1978 -79 (Attachment III) which, if carried out, should fulfill the -3- ' mission or objectives of the Association as stated in the By-La Since your concerns as members are the most important consideraws, tion of the Board and staff, I would encourage you to take a few moments and review this Work Program, Your suggestions and comments as to how the Association can bet- ter meet your needs and /or do a better job of fulfilling its stated objectives will be sincerely appreciated, The Association belongs to YOU ,,,.help the Board and Staff make it work even betterd VP :sb Attachments -4- Prepared by: Vern Peterson Executive Director A ACH N2 association of metropolitan municipalities 0 POLICY SUMMARY FOR 1977 -1978 Issued: April, 1978 300 Hanover Building, 480 Cedar Street, St. Paul, Minn. 55101 222 -2861 300 hanover bldg. 480 c6dar street, st. paul, minnesota 55101 (612) 222 -2861 AMM 197711978 POLICY SUMMARY April ,. 1978 MkC POLICY POLICY NO. POLICY DESCRIPTION PRIORITY MET STATUS /COMMENTS I -A Levy Limit Repeal. Low - No consideration. Working with Legislature. I -B -1 Realistic Levy Limit Index. High - Preserved 6 %. Senate favored 5 %. House discussed increased index. I -B -2 Reverse referendum. Low 1977 One 10% incr. if at 98% levy. Not applicable to 1st class citi I -B -3 Comm /Ind. Permanent Spe- cial Levy. High 1977 50% of special levy added to base at end of four years. I -B -4 State and Federal Mandated Programs Special Levy. High - No consideration. I -B -5 Natural Disaster and Law- Ned. - Special levy eliminated along with Lawful Orders and Natural ful Order Special Levy. . Disasters in 1977. Legislative intent is to consider special legislation on a case'by case basis for single units. I -B -6 Levy Base Adjustment Low Partial Any city less than 80% of the county per capita overage may 1977' have its per capita and base increased to the 80% level. I -B -7 Levy Base - continuing needs. High 1977 Levy base will no longer decrease with population decrease., I -C -1 State Aid - Population High 1977 Distribution within county or metro will be by 1970 census or average of 1970 plus current estimate, whichever is higher. I -C -2 State Aid -Mill Rate Low - Metro first class cities may adjust to 40% of actual mill rate and 60% of permitted levy limit mill rate. I -C -3 State Aid -Need independent Med. - No consideration. Working with legislative leaders and of population. staff. X-C-4 State Aid - Increase High 1977 Aids increased $7 per year, 1978..$52 (15.6 %); 1979..$59 (13.5 %) . MkC POLICY • POLICY NO. POLICY DESCRIPTION PRIORITY MET STATUS /COMMENTS I -D-1 Telephone Taxation Low - - No consideration. I -D-2 Railroad Taxation Low - Gross earnings was retained. LMC is working on proposals. I -D-3 Elec. Utility Taxation Low - SF 573, Schaaf - HF 711, Pehler. In Sen. & Hse. Tax Committee I -D -4 Transient Lodging Low - No consideration. Bill drafted. I -D-5 Bldg. Permit surcharge Low Partial The excess fee will be returned to the local unit. I -D-6 Clarify Local Tax Prohibition I -E -I Minn. City study I -E -2 Fiscal Notes I -E -3 Uniform Reporting II -A -1 Assess. Equal. Incentives II -A -2 Assessment viewing II -A -3 Assess. Statistical II -B Real Prop. Maintenance II -C 3CC and Title II. Low High High Med. Low Low Low Low High 1977 No consideration. Bill drafted. Partial The Legislature is continuing to fund existing Planning Agen- 1978 cy city condition studies. However, the funding level and depth of the studies are not as comprehensive as requested by the AMM. No consideration. 1978 Effective 1979, reporting will be based on generally accepted accounting principles. All cities over 2,500 population must have an audit. All cities must use calendar year fiscal year. Training and conversion grant money was provided. 1.977 Policy technically met but AMM may wish to change law before the 1980 effective date. Provides state aid penalty if as sessment co- efficient of dispersion is greater than 10. (10 - 12.5 = $1 capita penalty, 12.5 - 5 = $3, over 15 = $5). 1977 .Revenue department rules. 1977 Revenue department rules. SF 103, Benedict - HF 944, Scheid. In Senate and House Tax Committees. Will be reintroduced in 1979. Passed Sen, SF 158, Willet.- Includes SF.331, Davies. In House Tax Committee. Minn. Resources Committee and Tax Study Commission both looking at this during interim. -2- POLICY POLICY NO.' POLICY DESCRIPTION PRIORITY MET _ STATUS /COMMENTS II -D -1 Property Tax Penalties Low - No consideration. II -D-2 Public Prop. Acquisition Low - No consideration. Bill drafted. II -E Tax Exempt Property High - Minn. Resources Committee and Tax Study Committee both study- ing this during interim. There is much legislative interest' in this area. II -F -1 Tax Conciliation Court 4, Low 1977 Created as part of a new Tax Court system.. II -F -2 Appeal from local Board. ; Low Par Included in tax court bill. Appeal time limited. II. -F -3 County and State Boards Low - No consideration. II -F -4 Assess. Appeal Award Low 1977 Assessments may now be increased as well as lowered. II -G -1 Rural /Urban Tax District Low - No consideration. Bill drafted. II -G -2 Storm sewer district tax Low - SF .749, Staples - HF 576, Neisen,Heinitz. Passed Senate Lo- cal Government and re- referred to taxes from the floor. In House Local and Urban Affairs. No action in 1978. II -G -3 Billboard advertising Low 1977 Bill to remove billboards from property tax killed in Senate Taxes. II -G -4 Office /Hotel Assess. Proc. Med. 1977 SF 819, McCutcheon. Heard in Senate Taxes but not passed. Would have changed class rate and provided delayed assess- ment. Bill being rewritten to provide state reimbursed in- centives. II -G -5 Construction tax incen- tives. Med. 1977 See comment - II -G -4. PART 2 - I Housing -Metro Area High AMM had 8 mini pol. pertaining to housing in the metro area. 1 Housing Market Analysis Partial Metropolitan Council has not made final decision yet. No 1977 funding provided by Legislature. Council has hired a con - sultant to advise them. 2 Delay adoption of Hous- Partial Revised-Housing Guide chapter adopted by Council in December ing Guide - certain parts. 1977 of 1976. Although the Guide was adopted, over 90% of AMY re- commendations were incorporated. v -4- POLICY . POLICY NO- POLICY DESCRIPTION rPRZT O�X MET STATUS /COMMENT Part 2..-continued 3 Set up Legislative Housing 1977 The Senate established a separate Housing Committee. House ez Committee. tablished sub - committee. 4 No mandated zoning standard. 1977 No bill introduced in 1977 Session. 5 Increase MHFA appropriation. 1977 Funding increased significantly. 6 Increase funds for rehabl. 1977 Funding increased significantly. 7 Expand HRA legislation - Bill not introduced. 8 Metropolitan Bond Guaran- tee Fund. - Bill not passed.. Part 2 -II Tax increment financing. High 1978 A restrictive compromise between the House bill which the AMM opposed and the Senate bill which the AMM supported was defeated on the Senate floor. Part 2 -IV Metro population estimate. Ned. 1977 No change to estimate methods discussed by Legislature. Part 2 -V Minn. Municipal Comm. High 1978 SF 910 was passed with the change suggested by the AAIM to provide majority approval of the voters in each area for orderly consolidation. Part 2 -VI Veterans Preference Low 1977 Veterans Preference Law was changed significantly last session. AMM policy called for a moratorium on further changes. No changes to Preference made in this session. Pt.2 -VII Shade Tree Disease control. High 1977 Virtually all AMM policy points included in Laws 1977, Chapter 90. VII -D General Shade Tree High 1978 No major program change made. Cities may include home - stead property of 5 to 20 acres for subsidy and the temp - orary rules were extended. VII -E Shade Tree Funding - 1978 High - Considered but legislative interest was low. Policy. VII -F Shade Tree Special Levy. High 1978 Extended through 1979. -4- POLICY NO. POLICY DESCRIPTION PRIORITY Part 2 cont'd.... VIII Tree licensing. Med. IX kA' XI PART 3 I -A I -B PART 3 II II -D 911 Financing Med. Airport zoning. High Municipal Self- Insurance. Low POLICY MET STATUS /COMMENT 1977178 A14M policy opposed mandatory metropolitan and /or statewide licensing of tree removal and treatment industry. 1978 The Legislature established intent to fund from state gen- eral funds central telephone office conversion and trunk network recurring costs. 1978 The law now protects landowners in zones adjacent to air- ports and requires public funding if certain lands are de- clared a non - conforming use. The concept was discussed but not passed into law. Monitoring Adj. Development Low - AMM policy calls for some agency to monitor development in counties adjacent to metropolitan areas._ Selection of Metropolitan Low - Policy calls for direct election of council members. Sev- Council members. eral bills introduced. None made it out of committee. Metropolitan organization High 1977178 AMM policy basically calls for no increase in Metropolitan philosophy & powers. Council authority or duties unless certain criteria are met. For the first time in years, the Council was not granted any increase in authority over local units of government. Metropolitan Agency -APA High Partial A special study committee satisfying the AMM policy was 1978 nearly passed into law but other unrelated provisions in the final bill resulted in the bill's defeat. The State APA was not extended. -5- SECTION A PERSONNEL Salaries PERA Group Health Social Security Life Insurance OPERATIONS Conf.,Travel, Meetings Rent Telephone Postage Equipment LMC Services Office Supplies Audit Misc. Expense SUPPLEMENTAL SERVICES Salary Su -vey Labor Relations Newsletter Committee Support TOTALS . . . . - - - - - * - Pre -Audit figures. ATTACHMENT II BUDGET FOR 1978 -1979 1977 -1978 1977 -1978 1978 -1979 BUDGET ACTUAL* BUDGET $ 60,360 $60,360.48 $ 65,940 3,320 3,319.79 3,62.7 960 11080.00 1,200 2,588 2,655.52 3,106 345 315.00 345 $ 67,573 $67,730.79 $ 74,218 $ 3,750 $ 3,667.89 $ 4,000 3,900 3,849.32 4,000 1,300 1,315.11 1,400 1,450 1,190.11 1,560 200 190.00 200 3,600 3,398.62 3,900 600 359.85 640 500 350.00 400 600 517.77 600 $ 15,900 $14,838.67 $ 16,700 $ 9,400 $ 8,955.86 $ 9,300 3,000 3,000.00 3,000 1,400 849.10 1,700 500 404.86 500 $ 14,300 $13,209.82 $ 14,500 $ 97,773 $95,779.28 $105,418 ....continued on reverse side SECTION B_ SECTION C STATEMENT OF INCOME, EXPENSE AND FUNDS BALANCE (Pre- Audit) Beginning Year Balance Dues Income Interest Income Miscellaneous Income $36,410 89,451 2,169 _ 466 $128,496 Expenses $95,779 95,779 Year End Balance e , , , . y , , . . $ 32,717 PROJECTED INCOME, EXPENSE AND FUNDS FOR 1978 -1979 Beginning Year,Balance $ 32,717 Membership Renewals 103,000 New Members 4,000 Interest Income 2,500 Total Available Funds e e , , a , , e Budgeted Expenses Projected Year End Fund Balance $142,217 105,418 $ 36,799 ATTACHMENT III 1978 -1979 PROGRAM PRIORITIES GOALS AND PRIORITIES FOR THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES A. ORGANIZATIONAL PURPOSES The goals of the Association are embodied in the By -Laws. They, are 1. To effectively express in a united voice policies concerning the structure, powers and other matters relating to municipal govern - ment for the municipalities in the metropolitan area. 2. To serve as a forum through which all municipalities or groups of municipalities may develop and propose policies and positions on matters of concern to the metropolitan municipalities and develop strategies for advocating those policies and positions. 3. To serve as a forum for the interchange of ideas and information among municipalities in the metropolitan area, and to foster in- ter-municipal cooperation. 4. To develop and provide, either along or in concert with the Minne- sota League of Cities or other organizations or agencies, programs of technical assistance to member municipalities. 5. To foster, generate and promote information and data concerning the problems and issues affecting municipal government in the metro- politan area, to the state legislature in.partic.ular and to the public at large. 6. To encourage the improvement of municipal government in the metro- politan area by holding conferences.and by fostering pertinent re- search projects. 7. To work closely with the League of Minnesota Cities in the interest of members of this association. - 8. To strive to make the metropolitan area and its component munici- palities more efficient and progressive in the continuing task of making the quality, of life as complete and satisfying and.enrich- ing as possible for all citizens. -1- B. MAJOR WORK PROGRAM ACTIVITIES FOR 1978 -1979 0701 IMPLEMENT GOALS AS STATED IN BY -LAWS IN SERVING ITS MEMBERS IN THE MOST EFFICIENT, EFFECTIVE MANNER POS- SIBLE AND TO IMPLEMENT THE GOALS EMBODIED IN THE BY -LAWS, THE ASSOCI- ATION SHOULD CONSIDER THE FOLLOWING PROGRAM PRIORITIES: 1. EFFECTIVE REPRESENTATION OF MUNICIPAL INTERESTS BEFORE THE STATE LEGISLATURE. Major activities to implement this priority include: A. MUNICIPAL REVENUES COMMITTEE. 1. Review existing revenue and tax policies in light of ac- tion taken in the 1977 and 1978 sessions. Determine which policies should be retained and /or modified. 2. Develop additional revenues and tax policies for the 1979 -1980 legislative biennium. a. Municipal aids and aid formula. b. New sources of revenue for cities. C. Redevelopment financing. d. Levy limits. e. Assessments. f. Etc. 3. Develop priority rating for Board consideration. 4. Develop strategy for working with the Tax Study Com- mission to accomplish the study of local government finances and taxes. B. METROPOLITAN AGENCIES COMMITTEE. 1. Review existing metropolitan organization and issues policies in light of action taken in 1977 and 1978 sessions. 2. Develop additional policies as needed for the 1979- 1980 legislative biennium, including such items as: a. Solid and Hazardous Waste Disposal b. Wastewater Management. Q. Metropolitan Area Governance. -I- -3. Develop priority ratings for Board consideration. C. HOUSING ADVISORY COMMITTEE. 1. Review existing housing policies in light of action taken in 1977 and 1978 sessions. 2. Same process as A -2. 3. Same process as A -3. D. GENERAL LEGISLATIVE COMMITTEE. 1. Review existing legislative policy not covered in A, B, or C above in light of action taken in 1977 and 1978 sessions. 2. Same process as A -2. 3. Same process as A -3. E. POLICE OFFICER STANDARDS AND TRAINING AD HOC COMMITTEE. 1. Advise the State POST Board as necessary. 2. Develop legislative policy as needed to implement city concerns. F. BOARD OF DIRECTORS. 1. Adopt legislative priorities for 1979 -80 legislative sessions. 2. Develop strategy for more effective involvement of member city officials in the legislative lobbying process.... particularly in the area of municipal aids and levy limits. 3. Sponsor /co- sponsor educational event for the metro- politan area Legislators to appraise them of the AMM legislative program, issues, and concerns. G. STAFF. 1. Provide support as necessary for AMM standing com- mittees to perform their assigned tasks. 2. Maintain liaison with Legislators and legislative committees during the interim. -2- ti 3. Maintain coordination and communication with appro- priate LMC personnel on legislative items of mutual interest. 4. Lobby during the 1979 -80 sessions for the implementa- tion of the AMM policies as prioritized by the Board. 5. Represent the AMM on the State Shade Tree Advisory Committee. II. EFFECTIVE REPRESENTATION OF MUNICIPAL INTERESTS BEFORE THE METROPOLITAN COUNCIL AND COMMISSIONS. Major steps to implement this priority include: A. METROPOLITAN AGENCIES COMMITTEE. 1. Analyze and react as necessary to revisions to ex- isting Metropolitan Development Guide Chapters. a. Solid and Hazardous Waste Chapter. b. Other as necessary. 2. Analyze and react as necessary to proposed new chap- ters of Metropolitan Development Guide. 3. Monitor the implementation and react as necessary to the mandatory planning process. B. HOUSING.ADVISORY COMMITTEE. 1. Complete activities as specified in the Metropolitan Council /AMM Cooperative Agreement of March 10, 1977. 2. Provide input to Metropolitan Council and staff with respect to the metropolitan area Housing Market An- alysis. 3. Analyze and react as necessary to proposed revisions to the Housing Chapter of the Metropolitan Develop- ment Guide. 4. Monitor the activities of the Metro HRA Advisory Com- mittee with special emphasis on the subsidized hous- ing issue and problem. C. SOCIAL FRAMEWORK COMMITTEE. 1. Work with Metropolitan Council staff and provide them with input concerning the development of the Metropol- itan Social Framework Guide. -3- 2. Keep the.Board appraised of all pertinent issues as the Social Framework document evolves. 3. Solicit input from member cities and ensure that this input is considered by the Council staff during all phases of Framework development. D. BOARD OF DIRECTORS. 1. React and take action as appropriate to reports /re- commendations received from standing committees. 2. Make recommendations as required, requested and ap- propriate to the Metropolitan Council concerning ap- pointments to key Metropolitan Council Advisory Com- mittees. 3. Assess the need for expanding the AMM informational system with respect to Metro activities which have or may have impact on member cities. E. STAFF. 1. Provide support as necessary to AMM standing or spe- cial committees enabling them to perform their as- signed tasks and advise Board in D -3 above. 2. Maintain liaison with the Metropolitan Council and Council committees. 3. Monitor and assist the Metropolitan Council Chairman's Advisory Committee. 4. Monitor and assist the TAB and TAC. 5. Monitor the Land Use Advisory Committee. 6. Represent the AMM on the 208 Wastewater Management Ad- visory Committee. 7. Monitor the Metropolitan Council's Solid Waste Advis- ory Committee. III. PROVIDING SERVICES WHICH ARE UNIQUE AND MEANINGFUL TO METRO- POLITAN MUNICIPALITIES. Major activities to implement this priority include: 1. Provide administrative and financial support for the Metropolitan Area Salary Survey. -4- I I a 2. Provide financial support for the Labor Relations Associates and in cooperation with the LMC deter- mine the value of continuing this service. 3. Provide administrative and indirect financial sup- port for MAMA. 4. Prepare and issue Elected Official Salary Survey. 5. Communicate timely and in -depth information on subjects of interest to members through: a.. Newsletters; b. Legislative Bulletins; C. Seminars; d. Membership. IV. STRENGTHEN AND IMPROVE THE ASSOCIATION'S GENERAL EFFECTIVENESS. Major activities to implement this priority include: 1. Conducting seminars on topics of interest or impor- tance. Possibles for this year include: a. Land use regulations and impacts on housing costs. b. Effective lobbying by local officials. C. Levy limits and municipal aids. 2. Appraise members of opportunities to serve on var- ious advisory committees that work with the Metro- politan Council and other levels of government. a. TAB - TAC. b. Land Use Advisory. C. Solid Waste. 3. Hold periodic membership meetings on topical subjects. Possibilities include: a. Annual legislative convention (September or October). b. Others as appropriate and pertinent. 4. Continue positive steps to increase membership. a. Develop priority list & assign contacts to members of Board. b. Update AMM story. C. Communicate on a regular basis to non - member prior- ity cities via: 1. Newsletters. 2. Legislative Bulletins. C. Special reports, etc. -5- i MINUTES OF THE REGULAR EDINA ART CENTER BOARD MEETING HELD AT THE EDINA ART CENTER ON JUNE 27, 1978 BOARD MEMBERS PRESENT: Barb Jacoby, Donna Skagerberg, Carol Bermel, Peggy Lindborg, Jean Adams, Sue Foss, Betty Cater, Marion Ward, Pat Greer STAFF PRESENT: Rick Jacobson I. The summer schedule is going well reported'Pat Greer. $4690.00 has been taken .in on registration so far and registrations are still coming in. Children's classes are filling the best. The special program for July will be the 'Masterpiece Series, consisting of 14 re- productions, each labeled. Peggy Lindborg will conduct a tour of the Mpls. Art Museum on July 20th in conjunction with the series. Participants are to meet at the Museum at 6:30 PM and those who wish may plan to have dinner there after the tour. Maureen Brockway's pottery and Kris Osten's water colors will also be on display at the Center during July. Vi Runquist's sculpture and James Proehls' paintings will be on display at the Center in the fall. Marion Ward will conduct a tour at Walker Art Center on July 25th. It will be a 30 Min. tour of Harry Callahan's photography with dinner after for those who wish to participate. Other possible artists' works to use for display were discussed. Carol Bermel and Sue Foss volunteered to be on a committee along with Pat G. and Marion W. to decide do artists to display in the future. II The 50th and France Edina Art Fair brought many complaints this year. Donna S., along with others, felt as though it was a bad reflection on the Center as so many people assumed the Center was responsible. Donna S. will contact the 50th and France Businessmen Association and Marion or Pat will contact The Raven Shop. III Carol Bermel and Barb Jacoby reported on the City Council meeting. Carol said to be sure to identify yourself.to Florence Hallberg, secretary, when attending the meeting. Barb had to leave before the Art Center's vent and air - conditioning system was discussed. Sue Foss will attend the July 10th City Council Meeting and Betty Cater will attend the July l7th meeting. IV Rick Jacobson reported that funds for an air- conditioning and ventilation system in the Center were approved by the City Council on June 17th. V A membership drive will take place in the fall. Donna S. and Barb J. have already been working on the mailing list. It was decided after some dis- cussion that the same letter would be sent to everyone as this would be the most efficient and cheapest way to handle it. Types of classes to add to the schedule in the future were discussed. It was decided there should be some kind of a series of lecture classes or year round series of excursion - lecture tours. VI Donations are still coming in to help support the'Center. Turnquist Paper has donated a variety of paper and cover stock for class use at the Center. Paul Foss's Co. has contributed paper also. Edina Rotary donated 5250.00. Manamore, thru the Margaret Foss Memorial Fund, is donatiog $500.00 in the form of additional display areas in the living room and /or dining room areas. VII Art Center needs are: printing costs, funds to pay off already purchased equipment, and new equipment. The Jewelry Department needs. various items. The next Board Meeting will be held on July 25th at 11:00 AM. mis 31m GENERAL OFFICES • 3M CENTER • SAINT PAUL, MINNESOTA 55101 • TEL. (612) 733 -1110 July 7, 1978 VILLAGE OF EDINA 4801 West 50th Street Edina, MN 55424 Gentlemen: Congratulations once again on your July 4, fireworks display at the park. I heard many favorable comments from people around us, that this was the best yet. M I N N E S O T A FA Sincerely, V e " Kent A. Kucera 7224 West Shore Drive Edina, Minnesota 55435 M I N I N G A N O M A N U F A C T U R I N G C O M P A N Y A. RESOLUTION ADOPTING GUIDELINES FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS The City Council has been granted authority to issue Municipal Industrial Development Bonds by the terms of the Minnesota Industrial Development Act of 1967 as amended. The City Council is aware that such financing for certain types of industrial and commercial enterprises may be of benefit in'the community, and accordingly, has indicated its willingness to consider requests for Industrial Development Bond financing, subject to the following guide- lines: 1. The industrial or commercial projects shall be compatible with the overall development plans and objectives of the City. • 2. Only new construction or expansion amounting to $1,000,000 or more will be eligible for financing by Municipal Industrial Develop- ment Bonds. 3. The applicant shall be required to furnish certified annual audits for the last three fiscal years, the most recent quarterly financial statement, the most current rating report from Dun. and Bradstreet, and the applicant's realistic financial forecast for a period of not less than three years. The City Council may submit this data to financial analysts of its choice. The financial analysts will review the data and make such written comments to the City Council- as to the current and projected financial position i of the applicant. The applicant shall be required to assume costs which are incurred by the City in conducting this finan- cial review. 1. 4. The net revenues before deducting depreciation, interest changes or existing debt (and /or lease rentals on other equip- ment and facilities) and Federal and State income taxes shall have been for the last three (3) previous accounting years not less than two (2) times the annual principal and interest due or the applicant's debt non- outstanding (and /or lease rental payments outstanding) and the principal and interest payments on the bonds proposed to be issued. 5. The fair market rental value of the building must be equal to or exceed the total amount of bonds and interest due. An appraisal may be required to verify fair market rental value. 6. All administrative, legal, planning, fiscal, appraising and any other costs incurred by the City in connection with the pro- posed project will be paid by the applicant whether or not the bonds are issued. 7. The City Council reserves the right to consider all aspects of the proposed projects as well as the right to approve or re- ject any proposed project and the decision of the City Council shall be final. CITY OF EDINA SUBDIVISION DEDICATION GUIDELINES A. Purpose. Edina Ordinance No. 801, "The Platting Ordinance," states that in every plat, replat, or subdivision of land to be developed for residential, commercial, industrial, or other uses, a reasonable portion of such land shall be-set aside and dedicated by the tract owner to the gener- al public as open space -for parks,-playgrounds, public open space, or storm water holding areas or ponds, or, at the option of the City, the tract owner shall contribute to the City an amount of cash in lieu of such a land dedication. The purpose of these guidelines is to clarify the above- referenced ordi- nance and to provide a set of criteria for assisting in the determina- tion of a reasonable public dedication in conjunction with the subdivi- sion of property. However, due to the varying facts and circumstances associated with the subdivision of property, these guidelines will not serve as an absolute and inflexible formula for computing public dedica- tions, but rather will merely assist the City of Edina in the determina- tion of fair and reasonable public dedications. B. Finding of Requirement for Subdivision Dedication. 1. In conjunction with the subdivision, platting, or re- platting of land and no additional lots or development intensities are created, then a public dedication shall not be required. 2. In conjunction with the subdivision, platting, or re- platting of land and additional lots or development intensities are created, then a public dedication shall be required and shall be based upon the land area encompassed within the additional lot(s), value attributive to such lots, or value attributive to increased development intensities. C. Determination of Requirement of Land or Cash in Lieu of Land. 1. A land dedication and public access to such a dedication may be re- quired when: a) property is adjacent to an existing park or public open space and the addition beneficially expands the park or public open space. b). property available for dedication is at least 6 acres in area or will be combined with future dedications so that the end result will be a minimum of a 6 acre park. c) property abuts a natural lake, pond, or stream. d) property is a natural storm water holding area, a floodplain, or is needed for storm water holding area and can be dredged or otherwise improved for that purpose. r. l City of Edina Subdivision Dedication Policy Page 2 June 14, 1978 e) the property is a.place of significant natural, scenic, or his - toric value. 2. Cash will be required in all other instances than above unless facts and circumstances direct a combination public dedication of land and.cash in lieu of land. D. Determination of. Reasonable Amount of. Public Dedication. 1. If it is determined that a land dedication is desirable and a) the land to be dedicated is adjacent to an existing park, open space, or public property which would be beneficially expanded by the dedication, then a reasonable portion of the land area encompassed within the subdivision should be dedicated. b) the land to be dedicated is adjacent to a natural lake, pond, or stream, then a strip of land 100 feet in width as measured upland -from the high water max): of a lake or pond or from the center line_of a stream should be dedicated. If such a dedication is less than a reasonable portion of the land area encompassed within the subdivision, however, a reasonable cash dedication may be required.in addition to a land dedication. c) the land to be dedicated is a floodplain as defined by Ordinance No. 815, then the dedication of that portion of the floodplain a. determined to be undevelopable according to Ordinance No. 815 and according to the rules and regulations of the appropriate watershed district should be made. If such a dedication is less than a reasonable amount of the land area encompassed within the subdivision, however, a reasonable cash dedication may be required -in addition to a land dedication. d) -the land to be dedicated is a natural storm water holding area or can be, developed as such for:the storage of storm water -run- off, then a finding will be made to determine 1) the portion of such an area that benefits solely the storm water disposal needs of the property to be subdivided, and 2) the portion of such.an area that benefits the storm water disposal needs of the general. public. Based upon this finding a reasonable cash dedication may be required in addition to a land dedication. A the land to be dedicated is a place of significant and /or unique natural, scenic, or historic value, a reasonable portion of the total land area encompassed within the subdivision should be dedicated. 2. If it is determined that a cash dedication is desirable, a reasonable cash dedication based upon the value of additional lots or development intensities created by the subdivision should be made. This value City of Edina Subdivision Dedication Policy Page 3 June 14, 1978 will be determined by the City Assessor or by private appraisals or other means acceptable :to the City Council. 3. If it is determined that a public dedication was previously made in accordance with the above guidelines, then the previous public dedication.may be deemed reasonable and further dedication may not be required. 4. If it is determined that a public dedication was previously made, then such a. previous dedication may receive credit but an additional public dedication may be required so as to briny the total -dedi- cation into conformance with the above guidelines. GLH: nr 6 -14 -78 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 RFCl1T TTTTf1AT WHEREAS, the City of Edina is restricted by Minnesota Statutes, Chapter 275, to a maximum levy base increase of six per cent annually, and WHEREAS, State law -does permit a one time reverse.referendum to increase the levy limit base by up.to ten per cent, and WHEREAS, the City was within ninety -eight per cent of its limitation in 1978; and WHEREAS, the City Council passed the first Resolution on June 5, 1978, and held a public hearing on July 10, 1978, following the required statutory notice, and WHEREAS, the City Council of the City of Edina desires to increase its flexibility to deal with local problems in a responsible and effective manner, and WHEREAS, an increase in the levy limitation base does not necessitate commensurate increase in monies raised from local property, NOW, THEREFORE BE IT RESOLVED, that the Edina City Council desires to avail itself of the provision and increase its levy limit base by ten per cent, subject to the reverse referendum petition provision as provided for in the Statute. ADOPTED this 10th day of July, 1978. Florence B. Hallberg City Clerk Please publish in the Edina Sun on August 9 and 16, 1978. Please send us one Affidavit of Publication. Please send us one clipping.