HomeMy WebLinkAbout1978-07-17_COUNCIL MEETINGAGENDA
EDINA CITY COUNCIL
REGULAR MEETING
JULY 17, 1978
7:00 P.M.
ROLLCALL
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. Southwest, South and West Edina Plan Amendment (Continued from 5/1/78)
B. Ordinance No. 811 -A115 - Planned Residential District Ordinance Amendment
(Continued from 5/1/78)
1. First Reading
Cr Edina Baptist Church - 53rd and France Ave.
1. Ordinance No. 811 -A117 - Second Reading (Continued from 7/7/78)
D. Parkwood Knolls 20th Addition - Generally located South of Interlachen Blvd.,
North of Parkwood Road, West of .Schaef,�r.Rd. and East of Lincoln Drive
1. Final Plat Approval - S -78 -5 (Continued from 7/7/78),
E. Morine' -s Addition - Generally located North of Morningside Road and West
of Grimes Ave. - 5 -78 -11 (PC- 6/28/78)
1. Preliminary Plat Approval
F. St. Alban's Addition - Generally located North of Valley View Road and
West of Gleason Road - 5 -78 -12 (PC- 6/28/78) .
1. Preliminary Plat Approval
G. Edina Interchange Center 7th Addition - Generally located West of Ohms
Lane and North of W. 73rd St. - S -78 -13 (PC- 6/28/78)
1. Preliminary Plat Approval
H. 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)
I. Brookview Heights 5th Addition - Generally located east of Cahill Road
and Nine Mile Creek, west of the M.N. & S. Railroad tracks and north
of W. 70th Street - 5 -77 -21 (PC- 11/30/77)
1. Final Plat Approval
II. SPECIAL CONCERNS OF RESIDENTS
III. AWARD OF BIDS AND QUOTES
A. Parking Lot Lighting - City Hall
B. Emergency Fire Equipment
Agenda
July 17, 1978
Page Two
IV. RECOMMENDATIONS AND REPORTS
A. Traffic Safety Committee Meeting of July 11, 1978
B. Farmers & Mechanics Bank Agreement - Parking Variance &,Easement Use
C. Special Concerns of Mayor and Council
D. Post Agenda and Manager's Miscellaneous Items
V. FINANCE
A. Claims paid. Motion of was seconded by ,
for payment of the following claims per Pre -List: General Fund, $80,878.26;
Park Fund, $6,347.04; Art Center, $482.36; Park Construction, $5,973.55;
Swimming Pool, $3,211.51; Golf Course, $13,029.30; Recreation Center,
$3,695.10; Gun Range, $74.05; Water Works, $18,541.29; Sewer Fund, $4,491.70;
Liquor Fund, $94,691.77; Construction, $157,719.31; Total, $389,135.24
�/171��' - ..
�
edina ®
July 17, 1978
Dear Neighbor of Edina Baptist Church,
To those neighbors who were present at our meeting Thursday evening,
please accept our thanks for using your valuable time to meet with us.
We feel this was a very profitable time in that each of us was able.to
share in expressing our respective needs and mutual concerns. A re-
quest was made that we supply you with a time schedule for beginning
the projects which were discussed. At the present time, based upon
our construction schedules it appears that the following is a reason-
able estimate.
I. Parking lot berm raised - within 60 days
2. North entrance chained - 60 days
3. Storm drain - part of building plumbing contract and should be
- done this fall.
4. Parking lot nite light in N.W. corner - installed when parking
lot striping is determined to permit good focus. In any case,
r4i before time when early darkness begins this fall.
5. Trees - additional taller trees on berm will be planted through-
out construction this fall. Additional landscaping alongside
of building will be planted next spring after construction is
completed.
6. Fencing: Available fence designs will be shown property owners
within two weeks. Installation will begin within several weeks.
Please be assured that we will make every effort to maintain the sche-
dules shown above.
- Sincerely,
H. J. Kennerud
Church Administrator
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5300.FRANCE AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55410 PHONE: 926 -1884
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Edina Baptist Church
REl UEST NUMBER: -78 -5
LOCATION: 5234 - 5242 France Ave. S.
REQUEST: R -2 Multiple Family District
to R -1 Single Family District
REVISED DECI
��Iage planning department department villyge of edins
PLANNING COMMISSION
STAFF REPORT
March• 29, 1978
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Z -78 -5 Edina Baptist Church. R -2 Multiple District to R -1 Single
Family District. Lots 8,10,11, B1k.1,South Harriet Park
2nd Addition. 5234 -5242 France' Avenue. .Generally located
west of France Avenue and north of West 54th Street.
Refer to: Attached graphic
The Edina Baptist Church is' requesting a rezoning from R -2
Two Family Dwelling District to R -1 Single Family Dwelling District for
Lots 8, 10, and 11, Block 1, South Harriet Park 2nd Addition. This
rezoning would facilitate a proposed expansion program for the Church.
At present, lot 8 is owned by the Church and is used for
parking. Multiple dwellings are located'on both lot 10 and lot 11
which have been purchased by the Church. A single family residence is
located.. on lot 9 upon which the Church holds a life estate.
The Church proposes to remove the existing multiple residence
on lot 11 and construct an addition to the Church structure. The, multiple
residence on lot 10 will be retained at.present and used for staff housing
purposes. Presumably, after the exercise of the life estate on lot 9,
further expansion would occur and the dwelling on lot 10 would be removed.
The Church has indicated that.this removal would occur in any event in
3 - 5 years.
Due to the proposed Church expansion, additional parking will
be required. In order to meet this requirement, the Church proposes to
convert an existing green space area west of the Church into a parking area.
Recommendation: Staff believes that the requested rezoning is appropriate
and necessary in order to bring the Church into compliance with the Zoning
Ordinance. Staff, however, would caution the Church that the multiple
dwelling which would temporarily remain on lot 10 must only be used for
Church related purposes and cannot be used as separate rented units which
is not in compliance with the Zoning Ordinance. Also, staff recommends
that the Church be obligated to remove the dwelling located on lot 10 at
the same time as they exercise the life estate for the dwelling on lot 9..
GH:ks
3/21/78
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Z -78 -5 Edina Baptist Church. R -2 Multiple Residence District to R -1
r.� Single Family District. South Harriet Park 2nd Addition. 5234-
-5242 France Ave. Generally located west of France and north of
W. 54th Street.
Mr. Hughes reported that the Edina Baptist Church is requesting a
rezoning from R- 2'District to R -1 Single Family District for Lots 8, 10 and 11,
Block 1, South Harrict Park 2nd "Addition. The rezoning would facilitate a
proposed expansion program for the Church.
Lot 8 is presently owned by the Church and is used for parking.
Multiple dwellings are located on Lots 10 and 11, which have been purchased by
the Church. A single family residence is located on Lot 9.
The Church proposes to remove the existing multiple residence on.
Lot 11 and construct an addition to the Church structure. The multiple residence
on Lot 10 will be used for staff housing. After the exercise of the life estate
on Lot 9, further, expansion would occur and the dwelling on Lot 10 removed.
This removal would occur within 3 to 5 years.
Because of the Church expansion, additional parking will be
required. The Church proposes to convert an existing green space area west of
the Church into a parking area.
Mr. Paul Sentman, stated that the three lots in question are 8,
10 and 11. Plans are to raze the double bungalow closes to the Church for
immediate church expansion. He also stated that the Church will raze the other
two buildings and the area used either for further expansion or parking.
Mr. Hughes stated that the staff believes that the requested
rezoning is appropriate, however, staff would caution the Church that the multiple
dwelling which would temporarily remain on Lot 10 must only be used for Church
related pruposes, and. cannot be used as separate rented units. which is not in
compliance with the zoning ordinance. Staff also recommends that the Church be
obligated to remove the dwelling on Lot 10 at the same time they exercise the life.
estate for the dwelling on Lot 9.
Mr. Gordon Johnson moved that the Commission recommend approval
of the requested rezoning subject to the restrictions and recommendations in the
staff report. Mr. Runyan seconded the motion. All Voted Aye. Motion Carried.
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Minnesota Unif"', co-eyan"ng DI,nYs (1931).
TbiolnbenturctsBlade this .............................5. %H . day of. . .. . .. .... ... . .....
h'ttreen Helen Pewawaruk,.a widow and not.. re7narried . ........................... ............ ......... ........................................
of the County of Hennepin
. .... .. ..... and State of ..Minnesota
party of the first part, and The.. Edina. Baptist Church, Inc. a. ..a religious ...... ... .
...... ............... ... .................... ... ................ .... ......... ... ..... .......................
11 corporation under the laws of the Strife of . Hinnenota . party of the second part,
Witntogelij. That One said part.y. of the first part, in consideration of the xuln of
Ono- Dollar.. and other good and valuable.. c onside ration .... .......... ..... . .... ... DOLLARS,
her
in hand paid by the said party of the second part, the reecipt whereof is hereby
at:knmvlcIj!cd, do es. hereby Grant, Bargain, Sell, and Convey unto the said party of the second part,
its succ"wrp and assigns, Forever, all the tract or rNzrcel . of land lying and being its tho Coantp
of .. ....Hennepin and State of Alinnesola, described as follows, to-wit:
Lot 9s Block 1, South Harriet Park 2nd Addition, except the front or
easterly 150 feet thereof, and Lots 8, 10, and 11, Block 1, South
Harriet Park 2nd Addition.
STATE DEED TAX DUE HEREON $335.50
Tax Statements to be sent tot
The Edina Baptist Church, Inc.
5300 France Avenue South
Edina, Minnesota 55410
To Jbibe 4nb to 301b tbt 041ne, Together with all the heredifaments: and appurtenances I
th—ttsto bclonginC. or in anywise appertaining, to the said party of the second part, its successors and L
as,;rns, Forever, And the said Helch Pewowaruk., .............................. ... ....... .............. ........
..............................
;w,,t y, r,f the first part, for he- _ .... . . ..... .
herself, her ,.,,.,,heirs, I 1 1 I 1 11 e I = 11 cuto , r8 , a ' ad ' adm I i ' nis I 1 11 r I a I I r a I r I s 11, d , a ,
e—n—f trith the said party of the remind part, its arzceoesors and assigns, that ..'_phe is . ...... .... ...... well
seised in fee of the lands and premisc.9 aforesaid, and has....... ...... good right to sell and contsey the same in
tnossne, and form aforesaid, and that that say" are few from all incumbrances,
And the move bargained and granted lands and prrupisrs, in the quiet and peaceable possession, of the
m-1 party of the sorond rxart, its sirecins,ors and assijIns, against all persons laturfidly claiming or to claim
the whole or any part thereof, subject to incumbrances, if any, hereinbefo•e mentioned, Out said party.,
of the first liarf r•ill Warrant and Defend.
It •tg;IiM*nP WbEf0f. The said party of the first part has hereunto set her ...............
hand the day awl year first above written.
In Presence of 'Helen Pitit iui ... . . ....... . ..
......................... ........ ..................... ............ I ...... ..... .......
..... ........ . .. ...... .................
...................... . ............ ............. . ............................... ................................ . ..
--------- ......... I ... .... .... . ...... I .... ........... ............................ ..... . . .... ...... ... ... .
Ij
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ebtate-of Ablavotats
County of Hennepin.....
On this ........... . . ... . .
day 19 belory me,
a .............. Notary...Public ...................
Helsa Pawmiarulcis &,-widow
. . .. .... and for mid County. personally appeared
and..not re- marriedtt . ........ .. . ..........
...........
to me known to be the person........
...................................................
described in, and who executed Ilia foregoing instrument.
...... S . IN . eas I ... . ...........................
............ and acknowledged that .she exre., ted
the same as ........... her free
act and deed.....
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This instrument prepared by3
James A. Fridland
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610 Midwest Plaza
Minneapolist Mille
x0lary Public County, VietL
,ley commission
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June 30, 1978
Dear Plelghbor of the Edina 9aptist Church:
During the last few weeks a number of questions have arisen
concerning the plans for the changes being made In and around
our facilities. (There has also been some misunderstanding
relative to our Intentions) We want you to know that we (do)
care about you and want to be a good nolghbor. (We feel that
we have demonstrated this In many ways). We (also) know that
we have not always been able to accomplish certain projects
as quickly as we would like to but know that you understand
that church funds are derived from the free will giving of
Its concregation. We do, however believe that we can now
give you a schedule that will be very close to the actual time
of completion.
I. Friday and Saturday night parties. At present our church
does not own the bungalows and have had no control over
them except to request the Edina Police to stop the noise.
We will obtain title to this property within the week and
we will then be able to prevent this disturbance.
2. Water runoff has been a problem for several of you.
Although our climatologists tell us the severity of
three of the storms we have had since last August should
occur only every one hundred years or so, we recognize
the need to Increase the berm at the foot of our parking
lot by at least 2 feet to prevent overflow Into the
adjacent yards. To do this we plan on using fill removed
from the new building excavation. We expect to accomplish
this toward the end of July or early August.
In addition, an additional catch basin Is planned for the
parking lot. We will not be able to complete work this
year but feel that the projects described above will
prevent any serious problems in the immediate future.
Another help will be the design of the new building. It
will have a flat roof with a parapet around the edges which
will serve as a reservoir and slow down the run off from
heavy showers.
5300 FRANCE AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55410 PHONE 926 -1884
3. Several lots are lacking the fencing which was deferred until we
complete our parking lot. We are now ready to make this installation
and will have our men clearing the area of debris following the
holiday week. We have been having some problem in locating stock of
fencing but expect to find a source shortly or else we will make up
our own sections.
4. Our new building which will replace the adjacent double bungalow Is
being designed to be aesthetically pleasing and will include land-
seeping (trees and shrubs) to provide a softening of the architecture
and sound muting. We expect to begin work on this project upon
completion of the legal closing now scheduled for the week of
July 2nd.
We trust the above will clarify our plans and Intentions. If you have
any further questions, please call our church office, 926 -1884 and we
will be most happy to arrange for one of our men to meet you In your
home.
Sincerely,
H. Kennerud
Church Administrator
Aw
RESOLUTION APPROVING FINAL PLAT FOR
BROOKVIEW HEIGHTS FIFTH ADDITION
BE IT RESOLVED by the Edina City Council that that certain plat known
as "Brookview Heights Fifth Addition ",.p.latted.by Carlyle D. Jacobson
and Maxine L. Jacobson, husband and wife, and Jabrrd Associates, a _
partnership consisting of Reynold M. Anderson and Donald C. Johnson,
and presented at the Edina City Council Meeting of July 17, 1978, be
and is hereby granted final plat approval.
ADOPTED this 17th 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
17, 1978, and as recorded in the minutes of said Regular Meeting.
WITNESS my hand and seal of said City. this 19th day of July, 1978.
City Clerk
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM: Francis J. Hoffman, Director of Public Works and Engineering
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000
DATE: July 15, 1978
Material Description (General Specifications):
Parking Lot Lighting - City Hall
High Pressure Sodium Fixtures - 15
Quotation /Bids:
.Company
1. United Electric
2. T.S.R. Lighting
3.
Amount of'Quote or Bid
$1,785.00
$1,927.50
Department Recommendation: United'Electric $1,785.00
r % Public Works
Signature Department
4
Finance Director's Endorsement:
The recommended bid is is not Q within t budgeted for the purchase.
J. N. Dalen
Finance Director
City Manager's Endorsement:
1. I concur with the recommendation of the Department and recommend Council
approve the purchase.
2. I recommend as an alternative:
A,�1'1.-rJl i v1�
Kennet os an/
�' �• City Manager G /
III .
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM: Robert J. Buresh, Director of Public Safety
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000
DATE: July 14, 1978
Material Description (General Specifications):
(1) One Model MA Hurst Rescue Tool, complete with chains, hooks,*shears, aircraft jaws,
1 extra 16' length of hose
Quoi'a One 16' i length of hose w/2 connectors
Company Amount of Quote or Bid
1• Akins Fire Equipment Company
1201 Old Highway 8
New Brighton, MN 55112
2.
(only distributor in Minnesota)
3."
Department Recommendation:
$5,394.25
(w/ hose connectors = additional $122.65
Signature Department
Finance Director's Endorsement:
The recommended bid is is not 0 within the amount %udge fbr the purchase.
I l
J. N. Dalen
Finance Director
City Manager's Endorsement:
I concur with the recommendation of the Department and recommend Council
approve the purchase.
2. I recommend as an alternative:
KennethiRosIand
City Manager
(Official Publication)
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE OF.PUBLIC
HEARING FOR ASSESSMENTS
Street Improvement No.'s C -122, C -127
Sanitary Sewer No.'s 334, 335, 338, 340
Watermain No.'s 299, 309, 310, 311, 314, 318. 322, 323, 324
EDINA CITY COUNCIL will meet at the City Hall, 4801 West 50th Street, Edina,
Minnesota, on Monday, August 21, 1978, at 7:00 P.M. to hear and pass upon
all objections, if any, to the following proposed assessments. These
assessments are now on file in the office of the Edina City Clerk and open
to public inspection. Assessment on the following will be payable in five
equal installments over a period of five (5) years with interest on.the entire
assessment at the rate of 5% per annum from the date of the resolution levying
the assessment to December 31, 1979:
1. CONSTRUCTION OF STREET IMPROVEMENT NO. C -127
Grading and graveling to service 6617 Waterman Avenue
The area proposed to be assessed includes Lot 2, Block 1, Brown's Addition.
0 V C.�l, C � �-
BY ORDER OF THE CITY COUNCIL
Florence B. Hallberg
City Clerk
Please publish in the Edina Sun August 2, 1978
Please send us fifteen (15) Affidavits of Publication
t
DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA SS402
1468 W -FIRST NATIONAL BANK BUILDING (612) 340 -2600 115 THIRD STREET SOUTHWEST
ST. PAUL,MINNESOTA 86101 CABLE: DOROW ROCHESTER, MINNESOTA 1,115901 1�901
(612) 227 -8017 1507) 268 -3166
TELEX: 29 -0606
TELECOPIER: (612) 340 -2868
3uly 13, 1978
EDWARD J. PLUIMER
(612) 340 -2973
i
The Honotable Jonathan Labedoff
Judge of Dietrict Court
Hennepin County Covernsent Canter
Minneapolis, Mi=eaota 55487
Re: Firot Wisconsin National Dank of Milrmukee
vs. City of Edi a , at al.
Dear Judge Lebedoff:
An you may (or may not) recall, you had before you a rather interesting
summary judgment motion in the abov'a =tter. For your convenience, i attach a
copy of your Order and K3 -wrand= in the cage.
Lost it be thought that the City of Edina waa insen3itive to Cho predica-
ment in 14hich pi.rnt tdiac.oasin fo :end itael.f , tind in order, to avoid a belief on your
part that judicial di€;tum goat3 Unnoticed, I thwghl t 'I 311f..tisuld give you some intajr-
nation on, the arrn€: z K' ftr4lly reac'ned by tea Party. : = -19. The City of Edina Per-
rai ted First Wiseon, -Ar to ksvp th> "aux5jedt building" on it3 property for anotber
fojr- VivIrs. The building need not be zem—fwad until DAI~na8ar 31, 1,982, We balieva
that thi3 sho-all par:,al t Firar tsl 3co in more th:a °a enougb time to recoLp its costa
of ruraiwing the auildir;g anj landscaping tba property. In addition, to be c r-
tain that there to no 'hutura confuaion or hardship and that any future purchaser
of the property will have - wled.g` of the r v- riction, the agreement betueen
the City of Edina and First Wisconsin has bven reco ded4
/ep
%ul��Gar3`db7Ct�
bc: oFi mas S. Erickson, Esquire
CHAMBERS OF
JUDGE JONATHAN LEBEDOFF
COURTS TOWER
GOVERNMENT CENTER
MIN NEAPOLI 5, MIN N. 55487
STATE OF MINNESOTA
DISTRICT COURT OF MINNESOTA
FOURTH JUDICIAL DISTRICT
RECD JUL 171978
July 14, 1978
Edward J. Pluimer, Esq.
2300 First National Bank Building
Minneapolis, Minnesota 55,402
Re: First Wisconsin National Bank of Milwaukee
vs. City of Edina, et a1.
Dear Mr, Pluimer:
Thank you for.your letter of July 13, 1978. I was
delighted to learn of the present status of the above
captioned matter,. and I am very pleased to see that the
City of Edina proceeded in the fashion outlined in your
letter.
.:What truly delights and amazes me is that any attorney
would think to advise a judge of the progress of a
matter.with which the judge dealt on Special Term. In
fact, in the almost seven years that I have been a trial
judge I believe this would be the first occasion when
any attorney has been thoughtful enough to act in the
fashion that you did.
I.do recall the case, and I am interested in what has
transpired since then. While I cannot credit it to
the effect of any judicial dictum, I will again thank
you for your thoughtfulness in keeping me abreast of
this matter.
ca
Very truly yours,
I
M E M 0 R A N D U M.
TO: Ken Rosland -City Manager
FROM: Robert Kojetin- Director, Park and Recreation Department
RE: Shade Tree Replanting Program
17 July 1978
Because the city is losing a number of trees on the boulevards -388 in 1977,
and roughly 10 per cent more in 1978 -I feel that a shade tree replanting
program should begin to help offset these losses.
The program I propose is as follows:
Every year a certain number of trees will mature or be purchased for re-
planting. Each year one -half of these trees will be planted on boule-
vards that have lost trees. Stump removal records indicating these addresses
will be used to determine the replanting schedule. The addresses will be
drawn at random but will reflect a geographic spread. This can be accom-
plished by using a replanting zone system. Replanting zones for Edina have
already been established by the City Forester.
The other half of the available trees to be replanted on boulevards will be
planted in areas where no boulevard trees exist. Addresses taken from the
City Forester's general community -wide replanting plan will be chosen at
random, again by replanting zones to insure a good geographic spread.
Letters will be sent to the chosen residents offering a tree. If the
residents respond affirmatively, their planting will. be scheduled. If a
negative response is received, their address goes back into the hat and
an alternate address is chosen.
I propose that these replanted trees be installed at no cost to our res-
idents. In 1976 the Park Department offered. a cost sharing program to
replant boulevards. Very few people participated in this program.
Thank you.
4-o �bert Kojetin
A
r
APPROXIMATE COSTS FOR MORNINGSIDE SCHOOL PROJECT
y. o--
School Project:
'
Wrecking:
$33,174.00
Regrading and Sodding,
$18,000.00
if parking lot is built
add:
$10,000.00
Two public toilet rooms:
$8,000.00
Upgrade hall- doors,glass
etc:
$17J700-00
Patching west end and
stairway to basement:
$20,000.00
Heating and Ventilating,
$10,000.00
if A /C, add:
$10.000.00
New Services:
Electric
$5,000.00,7
Sewer and Water
$5,000.00 7
fi
4
A
US1:S OF THI MOPNING'JIDI; BUILDING
2), GY'.2NASTICS ,
#) ATI1', MC ACSOM TION 1.;EETING AREA
4) r,riil' ?TIC ETOTIAC]" AFXA
5) KAT'1,TL . C�
6) D:u]CE CLASSES
7) SPl?CIAL INTI;"l,' :`7T CL.&SSES, such as:
- chess - brid;e
- cackgni- ion . - 500
8) SERVICE CLUB 3.71:TIt1G 1100.5 ARl ?AS
9) BAND PRACTICE �(
10). YOUTH CHOIR ( Barber shop quartet)
11) ',]A1Zr-.4IN'G HOUSE. (skating rink)
12) PLAWl'OUI:D PROGR -V
13) Tifl'ATER CIJ'BI:I'S
1�) G!lI11; R CL?�SSI'S
_ p
�c .
RESOLUTION
BE IT RESOLVED that the Edina City Council does hereby authorize the
Mayor and Manager to enter into discussion and negotiations for possible
acquisition of Morningside Elementary School; and
BE IT FURTHER RESOLVED that the staff-of the City of Edina be author-
ized and directed to submit application for LAWCON /LCMR Grant funds
and that said results of the discussion, application and attempted acquis-
ition. be reported back to the Council for consideration of further
action.
ADOPTED this 17th day of July, 1978.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of
Edina, do hereby certify that the attached and foregoing resolution was
duly adopted by the Edina City Council at its regular meeting of July
17, 1978, and as recorded in the minutes of said regular meeting.
WITNESS my hand and seal of said City this 27th day of July, 1978.
City Clerk
HORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY � R
JO-14 W X'rND.OR57
MICHAEL A OLSON
HINnY NALLAOAY
LARRY W JOn•150N
JULE H ANNA' ORO
THOMAS S AT
AR7HIJR O W11INET
G LARRY GRIlfITX
RUSSELL W LINZOUIST
CPAIG A BCC/
DAVID R RPY,A
CAVID L - ICUSIEI
HORACE HITCH
7MDNA$ 0 .1E
Y1PG ;L H. HILL
JAMES H OHAOA,H
RODE PTV TAPSOA
JOHN M MASON
ROBERT J. JOI.I15ON
MICHAEL W '.RIGHT
MAIIIARD B HAISELOUIST
LARRY l VICI.RET
PETER DCRSEI
LOREN R INDTT
GEORGE P. FLANNERY
PH-LLIP N MAPIIN
C UR71S L ROT
REESE C JO.NSON
A97HUR E. WEISBERG
CHARLES J MA'JENSTEIN
OUANE E. JOSERn
CH,ARL ES A GCLR.
JAMES B VEESEY
JOHN C IWA1M 1
W
WILLIAM A HI--LOCK
JOHN R W"
EDWARD J. SC•xaRT2EA;ER
(UOEHE L JJHr•S0N
T.DMAS M B "'
JGHN w K'INDHORSI_ JP
CORNELIUS D HAIIONEY, JP.
MICHAEL PP.CHAGD
WILLIAM C aABCOCK
UGHN P VITI.O
THOMAS S Eli -CISON
WILLIAM R SOT.
MICHAEL C BRESS
R:.HARD G S'YANSON
PAYMDND A P.EISTER
FAITH L OMHA4
JON \ J. TAY L OR
01110 A PAr1. E IM
.11. J MEMPiL
ROBERT J SILVEPMAN
JOHN S HIE BS
THOMAS R MANTHEY
ROBERT O. F'0ITEN
WILLIAM R HIBBS
JOHN D. LEVINE
PHILIP F. BOELTER
ROBERT J. STRUYA
WILLIAM D PAYNE
2300 F I R S T NATIONAL B A N K B U I L D I N G
M I N N E A P O L 15, M I N N E S O TA S S 4 0 2
16 12 1 340 - 2600
CABLE: DOROW
TELEX: 29 -0605
TELECOPIER: 1612. 340 -2868
1468 W-FIRST NATIONAL BANK BUILDING
ST. PAUL.MINNESOTA 55101
16121 227 -8017
115 THIRD STREET SOUTHWEST
ROCHESTER. MINNESOTA 55901
15071 288 -3156
July 13, 1978 '
Howard Groven, Esq.
Farmers & Mechanics Savings Bank
90 South 6th Street
Minneapolis, Minnesota 55402
Dear Howard:
_III
ROBERT A MEIBERG NICK R MAY
JOHN 0 KIHP/ IRVING WEISCR
R06CP1 A SCHAITTI9AUCP STEPHEN E GOTTSCHALK
DAVID N "ROME" 1nOMA5 x CLIIN$
TIIOMAS W 71 NKMAM KE NHEIH L CU /LER
JON F TUT IT GARY M JOHHSGr1
EMERY N B"'LE THOMAS W FINN
WILLIAM A JoH STONE JAY L BCNNFTT
SIEVE. K CHAMPLIN ROBERT G BAYER
MICHAEL J PAC HER SJiANN[ B a' CIK
MICHAEL. TRUCING SIUA.PT R HEHP.ILL
JAMES A fLADER J OAVIG JACKSON
CAVID L BOL.ri EN W' CHARLES LANTZ
A LAr Gr:C DOUGLAS E RAY
MOM C CARLSON STEVEN f WOLGAMOT
PAUL J SC -EEREP J MAPO'.15 EAST.GOD
OAh r N�CGL COWARD J PLUME=
f RANV H .IIG7 KENNETH W ERICISCN
AILLIAH H•HIPPEE,JR O'WEII C MARA
PCBEPTA EURN$ JAME5 E 9CWLL'S
RCGER , MAGN. -Is GEORGE LCHAPHA4
J P. CBE P7 HIBBS THOMAS D VAN'CEP MOLEN
JAY F CGCA MARK A JARBCE
STANLEY M REIN BRUCE D SOLANCER
CHARLES L POTUENIK
VERLA NE L. ENCORE
DENNIS P BUPAT71 OF COUNSEL
GEORGEANN EECKER DONALD WEST
ROBERT L. ROBBINS WALDO F MAROUAPT
PARRY D.GLAZIR GEORGE E ANDEP50M
PETER S HENDRIA SON JC:IN F. FINN
Re: City of Edina - Agreement for Parking
Variance and Use of Easement Area
I enclose a draft of the proposed agreement for
the above matter. This has been revised pursuant to our
discussions and discussions between your architect and Fran
Hoffman. Please review this agreement and advise me of any
comments you might have. I am also requesting that Mr. Hoff-
man and Mr. Sand give me their comments once they have reviewed
the agreement.
Once in acceptable form, we can proceed to have
the agreement signed and recorded.
Thank you for your patience and cooperation.
TSE /abc
Enclosure
cc• Mr. Francis J. Hoffman
Mr. Kenneth E. Rosland
Mr. Howard Sand
Very truly yours,
f
l"
Thomas S. r' son
P.S. The changes made in the enclosed.draft from the prior
draft you have reviewed are redlined for your convenience.
1
T P --
(Conditions to Parking Variance;
Use of Utility Easement)
THIS AGREEMENT, made and entered into this
day of , 1978, by and between CITY OF EDINA,
a Minnesota municipal corporation [ "City "], and THE FARMERS
AND MECHANICS SAVINGS BANK OF MINNEAPOLIS, a Minnesota cor-
poration [ "Bank "], with its main office at 90 South Sixth
Street, Minneapolis, Minnesota.
WITNESSETH, THAT:
WHEREAS, Bank is the owner of the property situated
in Edina, Hennepin County, Minnesota, described as follows:
All of Lot 4,and the easterly 56.44 feet of Lot 3,
Block 2, Southdale Office Park Second Addition,
according to the recorded map or plat thereof,
Hennepin County, Minnesota
[ "Subject Property "]; and
WHEREAS, the South 55.97 feet of the Subject Property
[ "Easement Area "] is subject to certain utility easements now
of record in favor of the Cityn[ "Easements "]; and
WHEREAS, the Bank is proposing to convert the present
improvements upon the Subject Property into a detached banking
facility with four automated drive -in teller lanes on the
south side of the.present improvements, and in connection
with that conversion the Bank desires to construct and maintain
certain of its automated teller facilities upon and over the
Easement Area and to remove eighteen (18) parking stalls from
the Subject Property to accommodate the drive -in teller lanes;
and,
WHEREAS, such.removal would reduce the parking stalls
to fewer than the number required by City Ordinance No. 811
[ "Zoning Ordinance "), and such use of the Easement Area is
not allowed without the City's consent; and
WHEREAS, the Bank has applied to the City for a
variance allowing the reduction of parking on the Subject Prop-
erty by said 18 parking stalls, and has also requested agree-
ment of the City to allow the Bank to construct and maintain
certain of said teller facilities upon and over the Easement
Area; and
WHEREAS, the Board of Appeals and Adjustments of
the City [ "Board "], on May 18, 1978 (Case No. B- 78 -15),
granted to the Bank a variance allowing reduction of parking
on the Subject Property by 18 parking stalls, but subject,
however, to the conditions below set out, which variance was
granted and such conditions were imposed pursuant to said
Zoning Ordinance; and
WHEREAS, the City is willing to allow the Bank to
reduce said parking and to so use the Easement Area on the
terms and conditions hereinafter set out.
NOW, THEREFORE, for and in consideration of the
mutual covenants and agreements hereinafter set out, and,
as to the Bank, in consideration of the variance and the
rights in the Easement Area granted to it by the City, the
parties hereto do hereby agree as follows:
CONDITIONS TO VARIANCE
The Bank hereby agrees as follows:
1. If the City Manager, in his sole discretion,
shall hereafter determine that the lack of the 18 parking
stalls on the Subject Property is causing, adding to, or
intensifying any parking problems or traffic congestion on
the Subject Property, or on the adjoining streets,
-2-
i
then Bank, at its own cost and expense, shall obtain and con-
struct a minimum of eighteen (18) additional parking stalls
to serve the Subject Property. All such additional parking
stalls shall be in a location on the Subject Property, or on
other property, and shall be constructed in a manner, that
fully complies with all then applicable ordinances of the
City, and pursuant to a plan that shall be first reviewed
and approved in writing by the City Planning Director.
2. The City Manager shall notify the Bank of the
determination by the City Manager, when made, that the addi-
tional parking must be obtained and constructed. Bank shall
prepare and submit its plan to the City Planning Director,
showing the location and layout of, and manner of construction
of,the additional parking within one hundred twenty (120) days
after such notice is given, and shall make such changes in ?.ts
plan as the City Planning Director shall request to conform
the plan to applicable ordinances of the City. Thb.Bank shall
commence construction of such additional parking stalls within
thirty (30) days after the City Planning Director has given
his written approval of the Bank's plan, subject to extensions
of said period by reaFon of delays due to weather, labor disputes,
material shortages or unavailability of material, unavoidable
casualty, acts of God, or other causes beyond the reasonable
control of Bank, in which case the 30 -day period shall be ex-
tended by a period of time equal to any such delays; provided,
that no extension shall be given for any such delay unless
written notice of such delay is given to the City within ten
(10) days after the commencement of the delay. Once commenced,
the construction shall be completed with all due diligence and
as soon as possible thereafter..
-3-
tV_
e �9
USE OF EASEMENT AREA
3. The City hereby grants to the Bank the right to
construct, maintain, and use automated drive -in teller facili-
ties on the Easement Area that shall consist of and be limited
to (i) four (4) concrete tra:Efic islands of a maximum size of
three (3') feet wide by twenty (20') feet long by six (6 ") inches
thick; (ii) four (4) freestanding mechanical tellers; (iii) a
canopy over the traffic islands and mechanical tellers, and
supported by two (2) frost footings near the southerly mechani-
cal teller; (iv) overhead pneumatic tubes installed in said
canopy; (v) overhead wiring installed in said canopy; and (vi)
bituminous surfacing [all being hereinafter called "Teller
Facilities "]. Th�� equipment forming a part of the Teller
Facilities shall be contained within an area that has a maxi-
mum width of twelve (12') feet and, as to the underground
portions thereof, a maximum depth of five (S') feet.
4. The rights hereby granted to Bank are, and always
shall be, subject to all rights of the City to occupy, use,
maintain, construct, reconstruct, repair, and replace any and
all of its pipes, lines, utilities, and other facilities now or
hereafter on, over, or under the Easement Area [ "City Facilities "].
The City shall have full access at all times on and ever the
Easement Area with such personnel and equipment as it deems
necessary for the doing of any work it deems necessary to
construct, reconstruct, maintain, repair, and replace any
or all of the City Facilities [ "City Work "]. The City, in
connection with City Work of a nonemergency nature, shall give
at least thirty (30) days' notice to the Bank prior to entry
by the City upon the Easement Area for the doing of any of the
City Work, to allow Bank to protect or remove such of its
Teller Facilities as it thinks necessary or desirable. However,
-4-
- T"
the failure of the City to give such notice, for any reason or
cause, including, without limitation, emergencies, shall not
negate or detract from any of the rights of the City relative
to the Easement Area, nor impose any obligations or liabilities
upon the City, nor relieve the Bank from any of its duties and
dbligations under this Agreement. '
5. Prior to construction or reconstruction of, or
making any alterations or additions to, any of the Teller Facil-
ities, the Bank shall submit detailed construction drawings
[ "Drawings "], in form and substance reasonably acceptable to the
City, for written approval by the City. No construction, recon-
struction, alterations, or additions shall be made or begun until
the City has given its written approval of the Drawings submitted,
and once approved,.the Teller Facilities shall be constructed,
reconstructed, altered, or added to only in strict compliance
with the Drawings and in full compliance with all applicable
ordinances, statutes, rules, and regulations.
6. The Bank shall use all due care in doing any
construction, reconstruction, repair, or alteration of, or
additions to, the Teller Facilities [ "Bank Work "] to prevent
damage to any of the City Facilities a.nd to prevent interrup-
tion of service provided by any of the City Facilities. The
Bank agrees to report immediately to the City any damage to
or interruption of service provided by any of the City Facilities.
7. Any entry by the City upon the Easement Area for
the doing of the City Work shall be done in such a manner as
to do as little damage as possible to the Teller Facilities;
1hoowever, it is specifically understood and agreed that the City
,shall not be liable for.; and Bank hereby waives any claim for,
'damage or injury to any or all of the Teller Facilities, and
-5-
for damages due to loss of business or interruption of business,
resulting from or caused by the City Work, and whether or not
;caused b the negligence of City, y ence g g y, or any of its contractors,
subcontractors, employees, agents, or representatives, in doing
the City Work. It 'is also understood and agreed that the City
may, if it deems necessary, remove or destroy any or all of
the Teller Facilities in connection with the doing of any of
the City Work, all without liability or obligation to the Bank,
or to any other person having or claiming an interest in all or
any of the Teller Facilities, for damage to or destruction of
any or all of the Teller Facilities, or for loss of business
or interruption of business caused by such removal, damage,
or destruction. The Bank agrees that the repair or replacement
of any of the Teller Facilities that may be damaged, destroyed,
or removed by the City in connection.with any City Work shall
be done at the sole cost and expense of the Bank and without
cost or expense of any kind to the City.
8. The Bank agrees that it will indemnify and hold
harmless the City from and against any and all loss, cost,
damage, and expense, including reasonable attorneys' fees,
resulting from or claimed to result from any of the Bank
Work or the location, existence, or use of any of the
Teller Facilities, including, without limitation, all
costs and expenses incurred (i) in repairing any of the City
Facilities damaged by the Bank Work; (ii) as extra cost
in doing any of the City Work because of the Teller Facilities
being located upon or adjacent to the Easement Area, including
the cost of removal or destruction of any such Teller Facilities,
and such cost as the City may incur in, attempting to protect
any of the Teller Facilities from damage in connection with
the doing of any of the City Work, and (iii) in making any
-6-
extraordinary excavations or using extraordinary construction
methods in attempting to protect the Teller Facilities. The
Bank further agrees to pay such costs and expenses within
ten (10) days after receipt of a statement from the City setting
forth such extra cost, and if not paid within said 10 -day period,
the amount of such statement shall bear interest---at ten (10 %)
percent per annum from the end of said 10 -day period until paid,
and the Bank also agrees to pay all costs of collection, includ-
ing reasonable attorneys' fees, whether suit be brought or not,
and interest at ten (10 %) percent per annum on all such costs
from the date incurred until paid.
GENERAL PROVISIONS
9. If any term, condition, or provision of this
agreement, or the application thereof to any person or circum-
stance, shall, to any extent, be held to be invalid or unen-
forceable, the remainder hereof and the application of such
term, provision, and condition to persons or circumstances
other than those as to whom it shall be held invalid or
unenforceable shall not be affected thereby, and this agreement,
and all the terms, provisions, and conditions hereof, shall,
in all other respects, continue to be- effective and to be
complied with to the full extent permitted by law.
10. All notices, reports, or demands required or
permitted to be given under this agreement shall be in writing
and shall be deemed to be given when delivered personally to
any officer of the party to which notice is being given, or
when deposited in the United States mail in a sealed envelope,
with registered or certified mail postage prepaid thereon,
addressed to the parties at the following addresses:
-7-
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager.
To Bank: 90 South Sixth Street
Minneapolis, Minnesota 55402
Attention:
Such addresses may be changed by either party upon notice to
the other party given as herein provided.
11. In the event that the Bank fails or refuses to
fully comply with all of its obligations under this agreement,
and such failure or refusal continues for a period of thirty
(30) days from and after notice thereof is given to the Bank,
then in that event, in addition to any other remedies then
available to the City at law or in equity, the City may revoke
the variance granted by the Board of Appeals and revoke the
rights hereby granted for the use of the Easement Area, and
upon such revocation, the Bank agrees to -immediately remove
all of the Teller Facilities from the Easement Area and to
restore the Easement -Area to the condition it was in immediately
prior to the construction of the Teller Facilities, or to such
better condition as it was thereafter placed in by the City,
and to reinstall the 18 parking spaces upon the Subject Prop-
erty in a location and manne-,:- in full compliance with the then
applicable ordinances of the City of Edina.
12. The terms and provisions hereof shall be binding
upon the parties hereto, and their respective successors and
assigns, and shall run with the title to the Subject Property
and Easement Area, and be binding upon all present and future
owners of the Subject Property and all present and future holders
of the rights of the City under the Easements and this agreement.
s
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be duly executed the day and year first
above written.
CITY OF EDINA
by
Its Mayor
and
Its Manager
THE FARMERS AND MECHANICS BANK OF
MINNEAPOLIS
by
Its
and
Its
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX.
Drafted by:
DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY
2300 First National Bank Building
Minneapolis, MN 55402
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d
STATE OF MINNESOTA ]
]
COUNTY OF HENNEPIN ]
The foregoing instrument
me this day of
VALKENBURG and KENNETH E. ROSLAND,
tively, of the CITY OF EDINA, a Mi
on behalf of the corporation.
STATE OF.MINNESOTA ]
l
COUNTY OF HENNEPIN ]
was acknowledged before
1978, by JAMES VAN
ti
Mayor and Manager, respec-
anesota municipal corporation,
The foregoing instrument was acknowledged before
me this day of 1978, by
and
and
respectively, of THE FARMERS AND MECHANICS SAVINGS BANK OF
MINNEAPOLIS, a Minnesota corporation, on behalf of the cor-
poration.
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,
,