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HomeMy WebLinkAbout1977-03-21_COUNCIL MEETING(IC c:V.[L ;c d AGENDA EDINA CITY.COUNCIL `. MARCH. 21 °, 1977 7:00 P.M._y ROLLCALL MINUTES of February.? and 12, 1977, approved as submitted.or corrected by motion.of seconded by RESOLUTIONS OF CONGRATULATIONS - =Edina East and West Hockey Teams EDINA- PARTICIPATION IN NATIONAL COLLEGIATE ATHLETIC ASSOCIATION HOCKEY CHAMPIONSHIP I, PUBLIC HEARING ON PROPOSED IMPROVEMENT Affidavits of:Notice by Clerk.. Presenta- tion by Manager and Engineer. Spectators heard. 4/5 favorable rollcall vote to pass if Council wishes to proceed. A. Watermain Improvement No. P- WM -319B - Oxford Ave. ,.:; Hollywood Road, Vander- vork Ave. II. PUBLIC HEARINGS ON ZONING MATTERS Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Reading of Zoning Ordinances ,require offering of Ordinance only. Flood Plain Permits require 3/5 favorable rollcall vote to pass. Lot Division requires 3/5 favorable rollcall vote to pass. Declaration of Buildable Lot requires 3/5 favorable rollcall vote to pass. A. Lots 1, 2 and 3, Block 1, Nine Mile North: 2nd.Addition.(680.05 6804 and 6808 Dovre Drive) = Prestige Investments., Inc. (3/2/77,) 1. 'R-1-Residential District to R -2 Multiple Residential District - Z -77 -1 (3/2/77) 2. Flood Plain Permit FP -4 3. Lot Division B. Interlachen Hills 3rd Addition (East of Lincoln Drive and West of Malibu Drive extended) - Wallace Kenneth (3/2/77) 1. R -4 Multiple Residential District to R -2 and -R -4 Multiple Residential District and to R -1 Single Family Residential District - Z -77 -2 and Z -77 -4 2. Preliminary Plat - S -77 -2 (3/2/77) C. Outlot A and Lot .1, Block 1, McCauley Heights 4th Addition (North of McCauley Lane, South of McCauley Circle and East of McCauley Trail) (3/2/77) 1. R -1 Residential District to R -2 Multiple Residential District - Z -77 -5 2. Declaration of Outlot A as Buildable Lot D. Outlot A and Lots 3 and 4, Block 2, and Lots 11 and 12, Block 1, Edina Green (5224, 5520, 5525 and 5527 Malibu Drive). - Village Development Company .1. R -2 Multiple Residential District to R -1 Residential'District - Z -77 -6 . 2. Declaration of Outlot A as Buildable Lot E. Flood Plain Permit Edina West Ball Field (Continued from 2 /28/77) III. PUBLIC HEARING ON PRELIMINARY PLAT Affidavits of Notice by 'Clerk. Presentation by Planning Department. Spectators heard. If Council wishes to proceed, 3/5 favorable rollcall vote to pass. A. Dayton Development Registered Land Survey - Southdale Center - S -76 -26 (2/2/77) (Continued from 2/28/77) IV. PUBLIC HEARING ON LOT DIVISION Affidavits of Notice by Clerk. Presentation by Planning.Department. Spectators heard. 3/5 favorable rollcall vote to pass. .A. Tract A, Registered Land Survey 1365- Generally located South of W. 69th St. and West of Valley View Road (3/2/77) V. AWARD OF BIDS Tabulations and Recommendations by City Manager. Action of Council by Motion. A. Watermain Improvement No..WM -299 and Sanitary Sewer Improvement SS -340 B. Street Improvements C. Sale of Lots in Lake Edina Village Replat VI. COrDIUNICATIONS VII. RECOMMENDATIONS AND REPORTS A. ..Planning Commission 1. Final Plat Approval a. Findell Second Addition - Generally located West of Cahill Road, South of W. 70th.St. (Continued from 3/7/77) March 21, 1977, Agenda Page Two. B. 1977 Beer Licenses C. Traffic Safety Committee Minutes of 3/15/77 D. My Hall Parking Lot E. Purchase of Steel F. Purchase of Fertilizer for °Golf Course G. Purchase of Traffic Paint H.' Purchase of Shade Tree Stock I. Edina Foundation J. Amendments to Ordinance Nos. 801 and 811 K. Park Department Fees and Charges L� Braemar Golf Course Fees M. Purchase of Batteries - Golf Cars N. Purchase of Driving Range..Golf Balls 0. ;: Post Agenda'and Managers Miscellaneous.Items 1. Emergency Purchase of Pump, Motor and Cable - Well No. 12.,.- 2. Citizen Concern on Metropolitan Transit Commission Subsidy Legislation VIII. RESOLUTIONS A. Senior Citizen Special Assessment Deferrments B. Highway Department Gap Project IX. ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL X. FINANCE A. Claims paid. Motion of , seconded by. , for payment of the following claims as per Pre -List: General Fund, $57,138.00; Park Fund,, $14,828.01; Park Construction, $7,663.21; Swimming Pool, $77.31; Golf Course, $1,037.45;.Recreation Center Fund, $15,686.76; Gun Range,` $753.71; Water Fund, $18,429.14;.Sewer Fund, $2,215.79; Liquor Fund, $1275918.87; Construction, $1,056.81; Total, $246,805.06 R RESOLUTION OF CONGRATULATIONS TO EDINA WEST HOCKEY TEAM WHEREAS, Edina's long- standing superiority in youth hockey was maintained during the 1976 -77 season by the Edina West High tchool Hockey Team which tied with Bloomington Jefferson for the championship of the BluA Division of the Lake Conference, with a record of fourteen wins and three losses; and the WHEREAS, /Edina West Hockey Team was the runner -up to t- he.'.Edina:East Hockey Team in Section 6 of the Minnesota State High School Tournament; and WHEREAS, four members of the Edina West Hockey Team were named to the Lake Conference All- Conference Hockey Team; and WHEREAS, as representatives of the City of Edina, the members of the team continued to exemplify the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; andj�. T'x WHEREAS, Head Coach and Assistant again were primarily responsible because of their dedication and unselfishness, for providing the leadership; and WHEREAS, Edina West's success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina youth hockey program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, on behalf of the Citizens of Edina, that all members of the Edina West High School Hockey team be publicly commended and thanked for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to the members of the Eaina West Hockey Team: J, r Jon Benson, Jim Schell, Bill Kerker, Jeff Ridley, Joel Levine, John Dulin, John Sackrison, Alternate Captain Dave Robbins, Alternate Captain Tim Smith, Captain Mitch Melichar, Mike Tierney, Butch Leslie, Brian Naas, Alternate Captain Steve Fisher, Greg Rau, Gregg Moore, Bob Donahue, Jeff Bolin, Assistant Coach Bill Beste, Coach Bart Larson, Athletic Coordinator Sarah Lykken and Principal James L. Cabalka. U (If they lose - -) RESOLUTION OF CONGRATULATIONS WHEREAS, Edina's long- standing superiority in youth hockey was maintained during the 1976 -77 season by the efforts of the Edina -East High School Hockey Team which Aa lost �e -emu \aY s ea5a n �2e3 only one out of twenty -three g es this past sesff;Sn and qualified to play in the Minnesota Ad 4 State High School Tournaaknt where they again performed most creditably; and WHEREAS, as a result of the team's exceptional record in regular season play, Edina - East was unanimously rated as No. 1 in high school hockey in the State of Minnesota; XK'd winning the Lake Conference Red Division and the Minnesota State High School League Section 6 Championship; and WHEREAS, as representatives of the City of Edina, the members of the team continued to exemplify the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; and WHEREAS, Head Coach Willard Ikola and Assistant Coach Ed Zins again were primarily responsible, becuase of their dedication and unselfishness, for providing the leadership; and WHEREAS, Edina East's success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina youth hockey program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, on behalf of the Citizens of Edina, that all members of the Edina -East High School Hockey team be publicly commended and thanked for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to the members of the Edina East Hockey Team: Steve Carroll, Bill Peterson, Paul Gagnon, Mike Lauen, Mark Gagnon, Scott Hampson, Mel Pearson, Steve Pepper, Captain Gordy Hampson, Bret Bjerken, John Donnelly, Chip Smith, Tom Kelly, John Anderson, Dave Terwilliger, Steve Ikola, Scott Johnson, Steve Ramter, Student Managers Hugh Meeker and Fred Field, Assistant Coach Ed.Zins, CoaJch.Willard: Ikola, Athletic Baref'Bud Bjerken nd Principal Rolland J. Ring. ­ � Lz,ri.lCa.— (If they win -- ) RESOLUTION OF CONGRATULATIONS WHEREAS, Edina's long- standing superiority in youth hockey was maintained during the 1976 -77 season by the Edina -East High School Hockey Team which lost only one out of twenty - .5 /.x -zhx-ee games this past season, climaxing its efforts by winning the Minnesota State High School Tournament championship; and WHEREAS, as a result of the team's exceptional record in regular season play, Edina East was unanimously rated as No. 1 in high school hockey in the State of Minnesota; and WHEREAS, as representatives of the City of Edina, the members of the team continued to exemplify the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; and WHEREAS, Head Coach Willard Ikola and Assistant Coach Ed Zins again were primarily responsible, because of their dedication and unselfishness, for providing the leadership; and WHEREAS, Edina East's success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina Youth Hockey Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, on behalf of the Citizens of Edina, that all members of the Edina East High School Hockey team be publicly com- mended and thanked for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to the members of the Edina East Hockey Team: Steve Carroll, Bill Peterson, Paul Gagnon, Mige Lauen, Mark Gagnon, Scott Hampson, Mel Pear- son, Steve Pepper, Captain Gordy Hampson, Bret Bjerken, John Donnelly, Chip Smith, Tom Kelly, John Anderson, Dave Terwilliger, Steve Ikola, Scott Johnson, Steve Ramler, Student Managers Hugh Meeker and Fred Field, Assistant Coach Ed Zins, Coach Willard Ikola, Athletic D*IeE-6wL Bud Bjerken, and Principal Rolland J. Ring. -0 winning the Lake Conference Red Division and the Minnesota State High School League Section 6 championship; and (If they win -- ) RESOLUTION OF CONGRATULATIONS WHEREAS, Edina's long - standing superiority in youth hockey was maintained during the 1976 -77 season by the Edina -East High School Hockey Team which lost only one out of twenty - three games this past season, climaxing its efforts by winning the Minnesota State High School Tournament championship; and WHEREAS, as a result of the team's exceptional record in regular season play, Edina East was unanimously rated as No. 1 in high school hockey in the State of Minnesota; and WHEREAS, as representatives of the City of Edina, the members of the team continued to exemplify the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; and WHEREAS, Head Coach Willard Ikola and Assistant Coach Ed Zins again were primarily responsible, because of their dedication and unselfishness, for providing the leadership; and WHEREAS, Edina. East's success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina Youth Hockey Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, on behalf of the Citizens of Edina, that all members of the Edina East High School Hockey team be publicly com- mended and thanked for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to the members of the Edina East Hockey Team: Steve Carroll, Bill Peterson, Paul Gagnon, Mige Lauen, Mark Gagnon, Scott Hampson, Mel Pear- son, Steve Pepper, Captain Gordy Hampson, Bret Bjerken, John Donnelly, Chip Smith, Tom Kelly, John Anderson, Dave Terwilliger, Steve Ikola, Scott Johnson, Steve Ramler, Student Managers Hugh Meeker and Fred Field, Assistant Coach Ed Zins, Coach Willard Ikola, Athletic Di *ee6w.•Bud Bjerken; and Principal Rolland J. Ring. _VL winning the Lake Conference Red Division and the Minnesota State High School League Section � ..{,�mninnchin� and (If they lose - -) RESOLUTION OF CONGRATULATIONS WHEREAS, Edina's long- standing superiority in youth hockey was maintained during the 1976 -77 season by the efforts of Edinaa -East High School Hockey Team which Am lost A''I only one out of twenty-three (games this past s� and qualified to play in the Minnesota State High School/Tament where they again performed most creditably; and WHEREAS, as a result of the team's exceptional record in regular season play, Edina - East was unanimously rated as No. 1 in high school hockey in the State of- Minnesota; BKH winning the Lake Conference Red Division and the Minnesota State High School League Section 6 Championship; and WHEREAS, as representatives of the City of Edina, the members of the team continued to exemplify the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; and WHEREAS, Head Coach Willard Ikola and Assistant Coach Ed Zins again were primarily responsible, becuase of their dedication and unselfishness, for providing the leadership; and WHEREAS, EdinaEast's success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina youth hockey program;, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, on behalf of the Citizens of Edina, that all members of the Edina -East High School Hockey team be publicly commended and thanked for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to the members of the Edina East Hockey Team: Steve Carroll, Bill Peterson, Paul Gagnon, Mike Lauen, Mark.Gagnon, Scott Hampson, Mel Pearson, Steve Pepper, Captain Gordy Hampson, Bret Bjerken, John Donnelly, Chip Smith, Tom Kelly, John Anderson, Dave Terwilliger, Steve Ikola, Scott Johnson, Steve Ramer, Student Managers Hugh Meeker and Fred Field, Assi tant Coach Ed Zins, Co ch Willard Ikola, Athletic Diawvesf Bud Bjerken nd Principal Rolland J. Ring. l `1 RESOLUTION''OF CONGRATULATIONS TO EDINA WEST HOCKEY TEAM WHEREAS, Edina'.s long - standing superiority in youth hockey was maintained during the 1976 -77 season by the Edina West High school Hockey Team which tied with Bloomington.Jefferson for the championship of the B14 Division of the Lake Conference, with a record of fourteen wins and three losses; and the WHEREAS, /Edina West Hockey Team was the runner -up to the-.Edina.East Hockey -Team in Section 6 of the Minnesota State High School Tournament; and WHEREAS, four members of the Edina West Hockey Team were named to the Lake Conference. All- Conference Hockey Team; and WHEREAS, as representatives of the City of Edina, the members of the team continued to exemplify the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; and t3�s� c WHEREAS, Head Coach Willatad T' ' a aq a "" ' tsnt G '' E again were primarily responsiblc . because-of their dedication and unselfishness, for providing the leadership; and WHEREAS, Edina West's success in hockey is due in large part to the untiring efforts of many parents who participate :in the .comprehensive Edina youth hockey program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL -OF THE CITY OF.EDINA, on behalf of the Citizens of Edina, that all members of the Edina West High School Hockey -team be publicly commended and thanked for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to the members of the Eaina West Hockey Team: '?, Jon Benson, Jim Schell, Bill Kerker, Jeff Ridley, Joel Levine, John Dulin, John Sackrison, Alternate Captain Dave Robbins, Alternate Captain Tim Smith, Captain Mitch Melichar, Mike Tierney, Butch Leslie, Brian Naas, Alternate Captain Steve Fisher, Greg Rau, Gregg Moore, Bob Donahue, Jeff Bolin, Assistant Coach Bill Beste, Coach Bart Larson, Athletic Coordinator Sarah Lykken and Principal James L. Cabalka. INTERLACHEN HILLS 3RD ADDITION ZONING AND PRELIMINARY PLAT APPROVAL CONTINUED TO APRIL 4, 1977. Affidavits of Notice were presented by Clerk, approved as to form and ordere placed on file. Mr. Luce presented Interlachen Hills 3rd Addition, lcdated East of Lincoln Drive and West of Malibu Drive extended,for preliminary plat approval and rezoning of portions of the property from R -4 Multiple Residence District to R -2 Multiple Residence District, with Lots 1 thru 13 and Lots 26 thru 34 proposed to be rezoned to R -1 Single Residential District . The result/ plat. would be comprised and t( of 22 single family lots, eighteen R -2 lots/ Lots 41 and 44 would.be zoned /for apartments..^,.There would also be two outlots. Mr. Luce said that i4on&& the developer na dedicate Outlot 1 (which represents 5.5 percent of the total area of the plat) 40 the City and-ft retain Outlot B. Mr. Luce advised that this plat is adjacent to Nine Mile Creek in the extreme Southwest corner of the plat, and that nearly all of Outlots A and B and a portion of Lots 41 and 42 are in the flood plain, as are portions of Lincoln Drive.amdma He noted that the Nine Mile Creek Watershed District allows up to a 20 percent encroachment into the flood plain on any tract of land and said that it is apparent that Outlot B cannot be filled without exceeding the 20 percent encroachment rule. Mr. Luce pointed out that the proposed plat requires access from the North end of Lincoln Drive, which is an established road, and from the Parkwood Knolls area which has not been platted. Access from the South would be an extension of Malibu Drive through an outlot set aside for that purpose in the Edina Green plat. Mr. Luce said that the staff, the Environmental Quality Commission and the Planning commesion xffiammmmnd have recommended approval of the zoning and the development subject to the following 1. That be identified as an outlot /and notybuilt upon until the plat is approved; 2. That aim easement be dedicated between Lots 7 and 8 for utility purposes 3. That-Lots 1 thru 13 face the North cul -de -sac road, with egress only onto that road .. ORDINANCE NO. 451 -A AIv ORDINANCE AMENDTrNG ORDINANCE h0. 451. . INCREASING THE FEE FOR SIGN PER -1.1 `.i'S . IM PROV e DI G FOR VARIANCES AND APPEALS . TIM CITY COUNCTL OF `!'M CITY Or, ED"INA, X11"WESOTA, 0RDAINS: Section 1. increase of Sign Permit Fees_. Paragraph (b). -of Section 6 of Ordinance 'Mo. 451 is hareby :mended to :increase .the Initial, application fee to f;50.00._ `sec. 2. Paragraph (g) of Section! 6 of Ordinance No., 453. .Rs he-ebv awznded to read as follw s a " �) Variances and A� y Peass. - A:perMit- applicant or peawir d;csld`r. may -request a variance from. the literal. provisions of this ordinance. . by fining a petition for a variance Eqith the Bu:ild:in<, inspector or his deputy and paying a fez of $50.00. A. permit: applicant or perni-i t h,.Adex also may appeal any alleged error_ in an, order-, renuxk ^me;n.t, decision, or determination made by the administrative .officer in the `_nfor_cement of this ordi.aalnee.,,- Appea-l.s. sha11- be, f.i.led in. the .same - ina:an.er as prolr:idesd in. Sect ion -12- of- Ordinance Vo.. $13,.. . Variances and appeals shall be heard by the Board of Appeals and Adjustments, and maybe appealed to the City Council,--as-provided in- .said Section 12 of Ordinance No. 311, except: .chat the So<_rct shall.-grant a variance from the provisions of this ordinance only =.: -F tha.appellar:)t provas that: G ,T.) There are eucepti coal cif:., ext':aordinary c:i:rc viasLances applicable to the property= or to- the .i ntended use that. do not app's y generally to other_ property in the same.:vicinity and - zoning . d1.strict; "(2) The variance is necessary For the preservati.on and enjoy - mant of a substantial property zighrr possessea by other. property it the same vicinity and None, but which. is denied t:o the property .> in question. °' (3) That the strict ' application. of the ordinance would const i tpate an unnecessary hardship; ,and PQ (4) That the granting of the variance would not be mn.te-r_ially detrrimantal. to-_ the. public welfare. or injur -lous to the propt^r. y or ix� p ove.uie its in the vicinity or zone in which e:he property is located.." Sec, J. This ordinance shall be in f:. =:?.1 - force and effect_ u.,_)on its pass-age a-ad pubs.j.cat-ion. - 4. That the developer be required to dedicate Outlot A and B, which dedication is -- - — ' -i-k protect the flood plain to- ULmaximum� degree. G 5. That a Grading Permit from Nine Mile Creek Watershed Distric' t and a flood plain permit from the City of Edina be obtained prior to any work in the flood plain; 6. ( ? ?) In.response to questions of Mr. Charles Ego, 5408 Malibu Drive, who spoke for the Malibu Heights - Parkwood Knolls residents, Mr. Luce explained that noise attenuation devices would be unnecessary because of the elevation of County Road 18 and because the kighway right -of -way will be at least 330' from the lots in the proposed plat. He also advised that it is anticipated.that Malibu Drive will be extended to the North so as to provide access to the area from the Northwest. Mr. Luce added that plans for the Hansen property to the North have been held up pending settlement of the Grandview Cemetery case. Mr. Robert Hoffman, attorney representing Mr. Wallace Kenneth, the developer, said that his client would concur with the listed by Mr. Luce, except for the dedication of Outlot B. He said that he believes �la►?that the dedication of 59% of his land is more than his "fair share ". Mr. Hoffman recalled that this property was rezoned to R -4 Multiple Residential District in 194 and that the valuation placed on the land by the Assessor has not seemed to indicate open space use. He listed his understanding for the dedication of Outlot B as 1) protection from flooding, both public and prpvate properties and improvements; 2) scenic beauty; 3) wildlife habitat; 4) Other desirable and necessary functions of the flood.,,plain;and 5) the acquisition of Outlot.B by compensation would encourage others along Nine Mile Creek to seek the same type of redress. Mr. Hoffman re- ferred to the 1961 Plan for the- flood-p1`ain which indicated that much of the property/ within the flood plain would be reclaimed for development, and added that the 1973 Plan states that the flood plain will be subject to modification. He referred also to the change in the use of Mud Lake. Mr. Hoffman called attention to the fact that in the City's Flood Plain Ordinance, a flood plain land is described as being below a ORJi?VANCE NO. 451 --A AN ORDDLUNCE AMENDING ORDINMICE NO. 45.1. INCIRMASING THE FEE FOR SIGN PERMITS . Aft PROVIDING FOR VARIANCES MTD APPEALS . THIS CITY COUNCIL OF THE CITY OF EDINA, MIIIIMTESOTA, ORDAINS. . Section 1. 7-acrease of Sign Pe—. mJ t -Pees. Paragraph (,b) of Section _ 6 of Ordinance No. 451 is hereby amended to increa,.ce the initial appli.ca.t_:i.or_ fee to $50.00. Sec. 2. Paragraph (g) of Section 6 of Ordinance No_. 451 is hereby amended to read as follows: _r8 "(g) Variances and Appeals. _ A permit. applicant or perwi t- holder may request a variance from the literal provisions of this ordinance.. by filing a petition, for a var1_an.ce i..yith the Building Inspector oz- his deputy and paying a. fee. of $50.00. A- permyt appa.lcant or perm.-it hc? der also may appeal any alleged error- in any order., :requirearant, decision, or determination made by the administrative officer in the enforcement of this ordinance. Appeals shall: be filed in the sam-_ maaner as provided in Section -1.2. of- Ordinauce No.. 311.. Variances and appeals shall be heard by the Boarsl: _.of Appeals and Adjustments, and may be appealed to the City Counci::p.,-•a.s •provided in.- :sa._id Section 12 of Ordinance No. 811, except that. the Board shall, grant a variance from the provisions of this orelinance .only- .;i if .ths..appsllazt .proves That: P1(1) There are exceptional or. extz aordinary circ_-astances applicable to the property` or to -the i ni:end.ed use that. do not apply generally to other property in the. same. ,vicinity and zoning district; "(2) The variance is necessary for -.the preserva,_.i.on and. enjoy- ment of a substantial property right possessed by other Property, in tone same vicinity and zone, but which• is denied to the property in question. (3) That the strict app-J, ?icat on of the ordinance would constitute an unnecessary' "hardship.; and. . "(4) That the gran kng of the variance would not be materially detrimental to the public: welfare or _in jurioas- to the property or imu prove�inn?ts in the vicinity or zone in which the property +s located." Sec. 3. This ordinance shall be in full-force and effect u?aon its passage and publication. 3 certain flood zone profile and subject to flooding and said that the City should be able to show that both of these conditions are present if there is going to be either restrictions or requirements for dedication of Outlot B. Mr. Hoffman quoted from the Nine Mile Creek Flood Plain 1961 Overall Plan.which suggested that there should be a limitation on encroachment to 20% and that much of the land in the flood plain may be reclaimed after certain flood basins are constructed. He added that Mr. Kenneth had acquired this property after that date and should be able to develop his property-in reliance on the plan. Mr....Hoffman also recalled that the 1961 Over -all Plan was terminated in 1973 and a new plan adopted at that time which recdmmended that the encr4pQchment be limited to 20% of the parcel being - considered for development. Rmxmm@hxmx!B&mjdixt =mdmxmkimmiW&xpimmq Mr. Hoffman pointed out that Mr. Kenneth is not/ asking __ _____ ____..for a building permit, a special permit under the flood `lain 0rdinance,.a trading ? iermit, or permission to build an obstruction, and is, therefore, requesting that the requirement for dedication of the outlot be deleted from the condition-of the platting. Mr. Harvey Hansel developer of Parkwood Knolls, expressed his concern about a double cul -de -sac. He also questioned why the City would want OuTlot A as a park unless they also wanted A Lc- X „,--g . -V r .9-- ­ f C am^.,. c c-5-- e` -�' ,_ `0_�-y Outlot B, and suggested that one large park be developed.to the orth. Following lengthy discussion, Mr. Kenneth said that he would agree to dedicate Ou lot B to V, / the City if that was plat and zoning �• at t"s ~ - . Councilman Richards then moved that the Council recommend approval of r the plat, granting the rezoning,. and authorizing the issuance of the flood lain % ermit (with the understanding that no plat, zoning or permit approval-(. s being given or granted at this time), and that the City staff, in cooperation with Mr. Hoffman, prepare the necessary findings and reasons, based upon the agreement of Mr. Kenneth to dedicate Outlots A and B to the City, and, base on,those matters set out in the report from the Planning Commission, from the Environmental Quality Commission, from the Planning staff, and.from the informatio at-le the findings Iv iae be presented to the Council on April 4, 1977, for review and possible approval, J ORMINMCE NO. 451 -A AN ORDINANCE A- M- ITDING MINANCE NO. 451 . INUMLSING T E FED . FOR SIGN PERMITS PPOVIDIING FOR VARIANCES A151) L' PPEA'L.S . THE CITY COUNCIL OF TM Cl.c: Or EDINA, N IkWESOTLj, ORiDAi NS : Section 1. Increase of Sign Permit -Fees. Paragraph (b) of .Section.. 6 of. Ordinance Igo. 451 is hereby amended to-increase-the - nitial .application fee to $50.00. Sec. 2. Paragraph (g) of Sectio=n 6 of Ordinance No.. 451 is hereby amended to read as follows: v= C1() Variances Vinci Awls. A permit, applica;:42: or perutit holder may request a variatace from the.:. -Reral provisions of this ordinance. . by fil-?ug a petition for a variance N31th the Buii.dinl- Inspector or his deputy and payirig a fee of $50.00. A permit appliran_E_ or perm.ft hUde- also ray aD al any alleged •er,_o:� -in any 6- rder -, 'requir'ement, , - decision, or determination male by the administrative - o;Ef_'+cer in the . enforcement of this ordinance..:.. ;appeals shall-be-filed in the same.. rizauer as provided in Section .12• of- Ordinance - No.... 81L.. . Variances and appeals shall be heard by the Board- -of Appezis and Adjustments, and may be appealed to the City Council, -as.- provided in•.said Section 12 of Ordinance No. 811, except :hat- the Board shall-grant a -4rarian.ce from the provisions of this ordinance o ?sly: _if .the - tppellan -t proves that: "(1) There are exceptional. or, extraordinary ci- i:ceiastances applicable to the property or to •the intended ease. that. do not apply generally to other property in the• .same. vicinity anal zoning . district; "(2) Tine variance is necessary for the preservat: €.on and enjoy- ment of a SUCOstaaltial property right possessed by other property da the same vicinity and zone, but which is denied to-the property in question. "M That the strict application of the ordinance .would consti tote an unnecessary O..ar'dship; and .. "(4) That the granting of the variance would not be materiall-y detrimental to the public welfare or injurious. to the property or is prove- men.ts in. the vicinity or zone. in which the property is located.," Sec. 3. This ofdinar!cF shall be in full force and effect upon its passage and publicAtion. _ . and if approved by the Council, and if Mr. Kenneth then has fulfilled the ordinance requirements for final plat approval, including the execution of the required sub- division agreement and the dedication of Outlots A and B to the City, that the Council then give First and Second Readings for the rezoning, preliminary and final plat approval, and authorize the issuance of the Flood Plain Permit. All Ayes - - -- CITY OF EDINA 4801 W. 50TH STREET EDIM. ICENNESOU 55424 September 27, 1974 Lear Wadaraq Th,e 1974 Getv:::21-City Election will be held on November 4, Will you serve as an Election Judge :=t your palling place? In order to sei:va, state law requires that you Est attend a °'Faring IXahine School". This class =pail? be hell at 7030 p,,m„ on Tuesday, Octobex 29, in the E.ec� Council room on the WasL side of the G t:y Hall, and sbGul.d last abaut one hour:. those wha. crorked at the Primary Blsc.tion care welcome, but not :.equLred to at:t.en.d this meeting. On. Zlec ;tion Day, you must appear at the palls at 6:00 a.m. and remain until the tvt tes are counted in the evening bopefull.y about 10:00 p.m. Ivor per - forming this public service, you [,aill be raid %2.25 per taut for Election "Y,. and also for the 9ctang 'Nachine School. Please indicate on tb_ go m below - whether or not yeu will be able to serve and the fo-sm in the enclosad self -add esse.d envelope as soon as Pas- sible, Your part•fcipatios will be greatly appreciated by Clay a- Mcials yours v Ey ( :Xu3Ya City Clerk at ,r-N, Ge- na:iml'�'�sity Election an 1�a vember 5. check one 1 (will a: oa:k) 1 cannot ?.-oT c duzing the day but will go to rry polling place at 5:00 p.m. to count Absentee By 110t°c '1'e lep he2•r.; No. Address .� �.. 4� .. Political Pax-ty - - rrccinct Wou Y, rr Councilman Richards then moved that the Council recommend granting preliminary (with the understanding that no plat approval is being granted at this timeand approval of the plat and the rezoning/ k kkak the City staff /work directing with the developer and Mr. Hoffman in preparing the necessary findings and reasons that the matter be brought back relating to plat approval and rezoning and kmimgmft back at the next meeting, along with the deed of dedication of Outlots B and C and the signed subdivision so. agreements to the extant necessary aail that the Council could then review and act on those findings andreasons and grant xtxtdkmxmKmtmmmwhin both preliminary and final plat approval and.gmamir the rezoning with wasver of Second Reading, wUh �mffim��a�gm�na�nxmama�� Motion was seconded by *based on those matters detailed in the staff reports from the Planning Commissio from the EQC and from the Plnning Staff and that the findings incorporate those matters for review and approval for final action Councilman Richards then moved that the Council recommend g*&n+4ng approval of the plat, the rezoning and the flood plain permit (with the under- standing that no plat approval is being granted at this time)and that the City staff work with the developer and Mr. Hoffman in preparing the necessary findings and reasons, based on those matters detailed in the at:a:kf reports from the Planning Commission, from the Environmental Quality Commission and from.the Planning staff and that these findings incorporate those matters and be presented to Council on April 4, 1977, for review and approval and final action which will be comprisedof first and Second Readings for the rezoning and preliminary and final plat approval,subject to receipt that night Ra of the deeds of dedication to Outlots A and B from the property owner to the City of Edina and receipt of the signed subdivision agreement air EDINA CITY COUNCIL MEETING JANUARY 20, 1975 7:00 P.M. ROLLCALL MINUTES OF December 16, 1974, I. PUBLIC HEARING ON PROPOSED - IMPROVEMENT Affidavits of Notice by Clerk. Pre- sentation by City Manager and Engineer. Spectators heard. If Council wishes to proceed, action by Resolution Ordering Improvement. 4/5 favorable rollcall -vote to pass. A. Street Improvement No. P -BA -203 - Olinger Blvd. from Olinger Road to Vernon Ave. f II. COMMUNICATIONS rig III. RECOMMENDATIONS AND REPORTS A. Planning Commission 1'. Set Hearing Dates a. Preliminary Plat Approval (1) Parkwood Knolls 19th Addition (East of Lincoln Drive, West of Londonderry Road, North of Londonderry Drive, South of Parkwood Road (S -75 -1) (1/8/75) (2) Graytower Estates - Generally located North of Pine Grove Road and South of Mirror Lakes (S -74 -15 (11126/74) b. Zoning Change. (1) Folke Victorsen'(The Timbers) Generally located on the.South- west corner of Gleason Road and the Crosstown Highway - R -1 Residential District to PRD -5 Residential District (Z -74 -7) B. Open Space Committee Report C. Morningside Area Improvements D. County Road 18 and Valley View Road Plans E. Abandon Storm Sewer Project ST.S. -132 (Juanita Ave.) F. Special Assessments for Senior Citizens G. Bicentennial Commission - Use of City Seal and Logo H. Commission and Board Appointments I. Transit Committee - Summary and Recommendations * J. Traffic Safety Committee Minutes of January 14, 1975 K. Suit - Mary K. Gochia L. Extension of Sick Leave M. Police Union Salary Negotiations * N. Mayors Think List ' 0. "Operation Blizzard" Performance P. County Participation - Community Development IV. 'ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL V. FINANCE A. Claims Paid: Motion of. , seconded by , for pay- ment of the following claims as per pre -list: General Fund and Revenue Sharing, $40,809.99; Construction Fund, $35,154.26; Park Funds, $36,823.96 Water Fund; $4,225.52, Liquor Fund, $270,497.22, Sewer Fund, $2,724.73; Total, $390,235.68 Councilman Richards then moved that the Council recom- mend approval of the plat, granting the rezoning, and authorizing the issuance of the flood plain permit (with the understanding that no plat, zoning, or permit approval is being given or granted at this time), and that the City staff, in cooperation with Mr. Hoffman, prepare the necessary findings and reasons, based upon the agreement of Mr. Kenneth to dedicate Outlots A and B to the City, and based on those matters set out in the report from the Planning Commission, from the Environmental Quality Commission, from the Planning staff, and from the informa - tion obtained based upon the matters brought before the Council at this hearing, and that the findings incorporating those matters nbe presented to the Council .on �,pril 4, 1 77, for review and possible approval, and if approved by the Council, and if Mr. Kenneth then has fulfilled the ordinance requirements for final plat approval, including the execution of the required subdivision agreement and the dedication of Outlots A and B to the City, that the Council then give first and second readings for the rezoning, preliminary and final plat approval, and authorize issuance of c the flood plain permit. for the flood plain which indicated that much of the property within the flood plain "would be reclaimed for development, and added that the 1973 Plan states that the flood plain will be subject to modification. ian referred also to the change in the use of Mud Lake. H f He called attention to the fact thxt3xtaim infs Flood Plain Ordinance, thmm&&kVLxdmmx a flood plain e described as being below a certain flood zones profile and subject to flooding and said that the City should be able to show that both of these conlitions are present,if there going to be either restrictions or require- ments for dedication of Outlot B. Mr. Hoffman quoted from the Nine Mile Creek Flood Plain Rffi2Emx 1961 Overall Plan which suggested that there should be a limitation on encroachment to 20 %, 1 that d t annel after ce a muc of the an nd. /r..�.� -e.� ✓' p,t� �� .�- .�-- -� - Qi..c- a -c...� 0-�-� in the flood plain may.t4Pcmr be reclaimed. 0 He added that Mr. Kenneth had acquired this property after that date and should be able to develop his property in with the plan w44ch indlapted ehat property that was in n n��hd rurfinn nf certain facilities wo t. L 0-73 He recalled that iir' -the 1963 Over -all Plan was terminated jand a new plan adopted at that time. which recommended that the encroachment be limited to 20% of the parcel U,_u, U ,, r 113 0­0- being dxmxImpad considered for development. He emphasized that th+s i-9 mere apps 43 to the atio a tjdt some of the land in the flood plain may be available for development. Mr. Hoffman pointed out that Mr. a Kenneth is not asking -fx at this time for /building permit, a special permit under or permission the flood plain ordinance, Rtx=xmimmn=kmgdhm a grading permit , /to build axxma an obstruction and is, therefore, a g that the requirement that the Outlot be dmirme dedicated at this time be deleted from the condition of the platting. Mr. Harvey Hansen, developer of Parkwood Knolls expressed his concdrn about a double cul -de -sac. the City He also questioned why aftyerte would want Outlot A as a park unless they also wanted Outlot B. 04eisuggested that one large park be developed to the north. Following considerable discussion, Mr. Kenneth said that he would agree to dedicate Outlot B to the City if that was the only condition upon which he could get :kbda his plat and zoning at this time. Councilman. - - -- then offa;x4xtkgxfaJk9WiR9, mpved that from the City of Edina be obtained prior to any work in the flood plain 6 . 'a - Mr. Charles Ego, 5408 Malibu Drive, said that- he'..was speaking for a Malibu Heights - Parkwood Knolls residents, and Expressed concern 'about the im ct of additional traffic in the area, and said at he would like to know the ty's plans for the area to the North. He suggested tha cul -de -sac be structed.near the South end (of Malibu Trail ? ? ? ?) so as t6 force traffi to the North.- He also ex ed concern that noise from County Road 18oul -d-necessitate construction of some type of oise attenuation device. Mr. -Luce explained that the elevation of my Road 18 and its distance from lots in the proposed plat would make In response to questions of Mr. Charles Ego, 5408 Malibu Drive, who spoke for the Malibu Heights - Parkwood Knolls residents, Mr. Luce explained that noise attenuation devices would be unnecessary because of the elevation of County Road 18 and because at least it will be /330' from . the'right -of -way to lots-in-the proposed plat.,,jHe also advised that it is anticipated that Malibu Drive will be extended to the North so 1hxMx kmx as to provide access to the area from the Northwest. Mr. Luce added that plans for the Hansen property have been held up pending settlement of the Rmzmkmnqyxq Grandview Cemetery case. Mr. Robert Hoffman, attorney representing Mr. Wallace Kenneth, the developer, said that his client would concur with the xmxmmmmadmiffiffm a contingencies listed by Mr. Luce, except for the dedication of Outlot B. He said that he believes that the dedication of 59% of his land is more than his "fair share." Mr. Hoffman recalled that this property was rezoned to R -4 Multiple Residential District in 1974 and that the valuation placed on the land by the assessor has not seemed to indicate open space use. He listed his understanding for the dedication of Outlot B as 1) and improvements; protection from flooding, both public and private properties, 2) scenic beauty; 3) wildlife habitat; 4) Other desirable and necessary functions of the floodplain and 5)' the acquisition of Outlot B by compensation would encourage others along Nine Mile Creek to seek the same type of redress. Mr. Hoffman referred to the 1961 plan ORDINANCE NO. 453 -A AN OWDINANCE MENDING ORDINANCE �:0 . 451 INCREASING -TH.E FEE FOP SIGN PEMMITS LM PROVIDING FOR WIRIJA ?C S jlkTD APPEALS TEM, CITY COUN(JIL OF THE CITY OF EDINA., MINm MOTA, ORDAINS: Section 1. increase of Sign PeT-m:is_ :Fees. Paragraph (.3). of Section - 6 of Ordinance No. 451 is hereby amended to- increase the -is,i.t-ial application fee to $50.00. Sec. 2. Paragraph (g) cf Section. 6 of Ordi aar_ce N©.. 451 is he;.Q}yy amended to read a,3 folloyjs:. "(g) Variances and Appeals. A pe=.mi-, applicanit or pe:r_•��it -olde?- may request a variance From the- :lite -ral. provisions o.f this ordinance, by filing a petition £o•r ` variance with the Builds.ng TUSpeetor or his deputy and paying a fee of $50.00. A permit applicar..T_ or permit holder also may appeal any alleged error_ in any o--der, requsre-Te��t, decision, oz deteJ.—Mi ation made by the administrative-officer i- enfo =_cement of tb ?_s ordinance. Appeal , shall be, filed in the same_ manner as provided in Section l'2- of. O d•i nanIce -No. 81k.. Variances and appeals shall be heard by the - Board . of Appeals s and AdjustuLeT ts, and may be appealed to the City Council, ...as:..p rovid.ed in _said id Sect ?_on 12 o2' Ordinance No. 811, except that- the Poa.rd shal`+_. grant a varia-ac e fro -Ji the provisions Of this oa;d'Fne- ce .only- 1-1E the appeliant .proves that: "(1) There are exceptional, or, extraordinary ci cu�.stav:ces applicable to the property or to .-the 'n:tended -case, that do not apply generally to other property in the-s ame. vicinity and .zoning d strict; "(2) The variance is necessary for -the. preservation and enjoy- - meet of a substantial proper.t.y. right possessed by other. property-in. the same vicinity and zone, but which is denied to the property in question. "(3) That the strict applica.ti on..o f the ordivAnce would coast r Lute an unnecessary 'hardship.; . and .. "(4" That the granting of the variance would not be m.�te-�•ia.11y decr:tmcntal to the public welfare or injurious to the Property o • jgA -.. provements in the vicinity or zone. in whi cYa the property is located," Sec. 3. This ordinance shall be in . ful? .%o's"ce and effect. upon its passage ant uub_f icatio .. .CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING WATERMAIN IMPROVEMENT NO. P- WM -319B Oxford Ave. from Interlachen Blvd. to Hollywood Rd.; Hollywood Rd. from Oxford Ave. to Rutledge Ave.; Vandervork Ave. from Interlachen Blvd. to Hollywood Rd. The Edina City Council will on Monday, March 21, 1977,.at 7:00 p.m., at the Edina City Hall, 4801 W. 50th St., hold a Public Hearing on the necessity and feasibility of constructing public watermain to serve the area described above. Your receipt of this notice is an indication that property whose ownership is listed to you is among those properties served by this improvement. This improvement was turned down by the Edina City Council at a hearing held on January 17, 1977. Since that time, indications have been received by petition and letter from sixteen (16) of the twenty - eight (28) affected properties that they favor the installa- tion so another hearing is being called. The purpose of the hearing is to hear discussion from -affected property owners for and against the project, after which the City Council can order the project installed or abandoned. A decision can be made at this meeting. The estimated cost of this improvement is $53,645.00 and is proposed to be assessed at an estimated cost of $1,915.89 per connection. This project, if approved, is proposed to be constructed in 1977 and the assessments would be levied in 1978. The assessment is proposed to be spread over a ten year period. The present condition of the Municipal Bond market makes it difficult to determine the annual rate of interest that will be charged on the unpaid balance, but it will not.exceed the maximum allowed by law. Any inquiries, comments and /or suggestions you may have,regarding this improvement may be forwarded to•the City'Council or Engineering Department prior to the hearing or presented at the hearing itself. If you desire additional information, please call me at 927 -8861 between 8:00 a.m. and 4:30 p.m., Monday through Friday. Thank you. Robert C. Dunn, P.E. Director of Public Works and City Engineer RCD /ds March 21, 1977 cry of dim 4001 WEST FIFTIETH STREET • EDINA, MINNESOTA 33424 .927 -9861 March 14,1977 Mr. Vernon T. Hoppe, Director Finance Division Hennepin County Government Center Minneapolis, MN 55415 Dear Mr. Hoppe: Re: 73607/8010 During March, 1975, the City of Edina approved the sale of several tax forfeited lands. Included was 73607/8010. An adjoining land owner would like to purchase this property but was informed by the County our approval was required. Having approved the disposition, please allow this sale to occur. CITY OF EDINA, MINNESOTA By: Greg Luce Planning Director GL:nr cc: Florence Hallberg, City Clerk Mary Weegmann, 6500 France Avenue South, Edina RF.SnT.UTTON WHEREAS, the 911 telephone system is an emergency response system whereby it is possible for a person to dial 911 and be connected directly to a public safety answering center which serves the area from which he is calling and which has the ability to either directly dispatch the appropriate public safety service, extend the call, or directly relay the request to the appro- priate responding agency; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council endorse the follow- ing recommendations in regard to the 911 telephone system: 1.. That "Basic 911 Service for the State of Minnesota is defined as: An emergency response system whereby it is possible for a person anywhere in the State of Minnesota to dial 911 and be connected directly to a public safety answering center which serves the area from which he is calling and which has the ability to either directly dispatch the appropriate public safety service, extend the call or directly relay the request to the appropriate responding agency. (If individual counties and /or municipalities elect to dispatch some of their emergency services from a location of locations other than the public safety answering center, the telephone trunking and equipment necessary to extend the calls are not considered part of the basic service.) 2. That the recurring costs of telephone network and equipment that is necessary to provide this "basic service" be paid for by state - collected tax funds. 3. That the telephone termination equipment at the public safety answering point will be paid for by the governmental unit operating the public safety answering point. 4. That a governmental unit desiring a level of service greater than the basic service as herein defined, is expected to pay all costs of such additional service. 5. That the state should look to the tax on telephone company gross earnings as a source of revenue for the recurring 911 basic systems costs. (It is understood that the gross earnings tax produces approximately 34 million dollars of revenue annually and that the anticipated natural growth of this tax revenue each year will more than cover the projected annual cost of basic 911 service for the state.) 6. That any legislation which mandates 911 throughout the state include a provision describing the method the state will use to pay the recurring costs of the basic 911 system. 7. That legislation be adopted which exempts from the provisions of the levy limitation act local costs of implementing 911 which exceed existing costs of emergency telephone service. ADOPTED this 7th day of February, 1977. RESOLUTION WHEREAS, the City of Edina, the Edina Board of Education and the Edina Hockey Association have cooperated closely for more than twenty years in developing and maintaining an ice hockey program.for the benefit of the youth of the City; and WHEREAS, many of the teams representing various age groups have won many state and national championships, with the Edina High School having won the state championship three of the fourteen times it has participated in the state tournament; and WHEREAS, in addition to developing hundreds of players of great skill and proficiency, the Edina hockey program, because of the leadership and training given by parents and teachers who serve as coaches, has been eminently successful in establishing and maintaining high standards of good sportsmanship and conduct in the youth of Edina; and WHEREAS, many players developed in the Edina program have played with great success for colleges and universities throughout the United States; and WHEREAS, three recent graduates of the program and of the Edina schools have played prominent roles in their present teams reaching the semi - finals of the National Collegiate Athletic Association hockey championship to be played at Detroit, Michigan, March 24 and 25, 1977; and WHEREAS, it is fitting and proper that the City of Edina have an official representative at the NCAA tournament to extend to Craig Norwich, of the University of Wisconsin, and to William Thayer and Frank Zimmerman of the University of Michigan, best wishes for continued success, and sincere congratulations on behalf of the entire community for representing Edina so, well, NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council.of the City of Edina, that Warren C. Hyde, City Manager, be directed to attend the 1977 NCAA tournament, without incurring any costs to the City, and to personally extend to Craig Norwich, William'Thayer and Frank Zimmerman the thoughts expressed in this resolution and to present appropriate copies of it to them. RESOLUTION WHEREAS, the following described property is at present a single tract of land: Tract A, Registered Land Survey 1365; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: The Easterly 185.00 feet of Tract A, Registered Land Survey 1365; and Tract A, Registered Land Survey 1365, except the Easterly 185.00 feet thereof; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as sep- arate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivi- sion be made of said Parcels unless made in compliance with the pertinent ordi- nances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED by the Edina City Council this 21st day of.March, 1977. 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 March 21, 1977, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 23rd day of March, 1977. City Clerk .RESOLUTION WHEREAS, the City of Edina, the Edina Board of Education and the Edina Hockey Association have cooperated closely for more than twenty years in developing and maintaining an ice hockey program for the benefit of the youth of the City; and WHEREAS, many of the teams representing various age groups have won many state and national championships, with the Edina High School having won the state championship three of the fourteen times it has participated in the state tournament; and WHEREAS, in addition to developing hundreds of players of great skill and proficiency, the Edina hockey program, because of the leadership and training given by parents and teachers who serve as coaches, has been eminently successful in establishing and maintaining high standards of good sportsmanship and conduct in the youth of Edina; and WHEREAS, many players developed in the Edina program have played with great success for colleges and universities throughout the United States; and WHEREAS, three recent graduates of the program and of the Edina schools have played prominent roles in their present teams reaching the semi - finals of the National Collegiate Athletic Association hockey championship to be played at Detroit, Michigan, March 2.4 and 25, 1977; and WHEREAS, it is fitting and proper that the City of Edina have an official representative at the NCAA tournament to extend to Craig Norwich, of the University of Wisconsin, and to William Thayer and Frank Zimmerman of the University of Michigan, best wishes for continued success, and sincere congratulations on behalf of the entire community for representing Edina so well, NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Edina, that Warren C. Hyde, City Manager., be directed to attend the 1977 NCAA tournament, without incurring any costs to the City, and to personally extend to Craig Norwich, William Thayer and Frank Zimmerman the thoughts expressed in this resolution and to present appropriate copies of it to them. 5 ' 1011, Y MAGNETIC PEIJPHERPLS INC. ' 7801 Computer Avenue Minneapolis, Minnesota 55435 January 7, 1977 99) �7 a subsidiary of CONTfZOL DATA CORPOPATION Mayor James VanBalkenberg Edina City Offices 4801 West 50th Street Edina, Minnesota 55424 Dear Mr- Mayor: On or about December 21, 1976, the Edina Fire Department responded to Magnetic Peripherals Inc. facility at 4625 W- 77th Street, a subsidiary of Control Data Corporation- Patrolmen Fisher and Bangaards of the Edina Police Department, while on patrol of the said area, heard the external audible fire alarm and reported it to the Edina Fire Department- Evidently the external alarm was not audible within the building. Likewise, personnel within the building were not aware of the situ- ation until Patrolmen Fisher and Bangaards attempted to gain access to the building and found it to be locked- By knocking on the door, our Vice President and General Manager, Richard Berreth, re- sponded to the knocking and opened the door, at which time he was informed that apparently there is a fire in your building as your external fire alarm has been activated. The fire department has been notified and are on their way. Upon making an thorough in- spection of the facility, by both the policemen and firemen, it was determined there was no fire• Later it was determined there was a malfunction in the alarm- This problem has since been corrected. We apologize both to the Police and Fire Department for the in- convenience we caused them. Mr. Berreth later indicated to me that after the adrenalin stopped pumping, he realized we did not have a fire, and as he reconstructed what had transpired, he said, ^It left him with a very good feeling to know that we have city employees that can respond so rapidly and perform in a professional manner with as much concern and dedi- cation for the safety of our employees and property as your people displayed.." The City of Edina should be commended for procuring and developing these kind of individuals. Invariably a service organization such as yours is flooded with complaints but very seldom are you complimented for the favorable results achieved- It is assumed this is what is expected and rightfully so. We at Magnetic Peripherals Inc. appreciate your efforts in our be- half- Would you please convey our thanks and appreciation for a job well done to the individuals that were involved. Yours truly, Vassil J- vanoff Manager, Facilities Services VJE:am cc: Assistant Chief, Bill Feck {Shift C} Sgt- Walsh F. B- Musser R• A'- Berreth TZTZG0T.TTTT0X CiW% of"GEdina 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 85424• 927 -8861 WHEREAS, the following described property is at present a single tract of land: Tract A, Registered Land Survey 1365; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: The Easterly 185.00 feet of Tract A, Registered Land Survey 1365; and Tract A, Registered Land Survey 1365, except the Easterly 185.00 feet thereof; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as sep- arate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivi- sion be made of said Parcels unless made in compliance with the pertinent ordi- nances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED by the Edina City Council this 21st day of March; 1977. i 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 March 21, 1977, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 23rd day of March, 1977. City Clerk A i CitY% Of din PP(ZOT.TTTTON 4801 WEST FIFTIETH STREET - EDINA, MINNESOTA 60424 927 -8861 WHEREAS, the following described property is at present a single tract of land: Tract A, Registered Land Survey 1365; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: The Easterly 185.00 feet of Tract A, Registered Land Survey 1365; and Tract A, Registered Land Survey 1365, except the Easterly 185.00 feet thereof; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as sep- arate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivi- sion be made of said Parcels unless made in compliance with the pertinent ordi- nances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED by the Edina City Council this 21st day of March; 1977. 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 March 21, 1977, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 23rd day of March, 1977. City Clerk PETITION FOR LOT DIVISION �, ) , - 41 Date February 15, 1977 Applicant: Dayton Hudson Fnnnaaf,jnn Address: 777 Nicollet Mall, Minneapolis, MN 55402 Phone: 370 -6554 owner(s): Dayton Hudson Foundation (as listed on the warranty deed) Address: 777 Nicollet Mall, Minneapolis, MN 55402 Phone: 370 -6554 Buyer(s): Junior Achievement of Greater Minneapolis, Inc. (as proposed to be on warranty deed) Address: 2633 4th Avenue South, Minneapolis, MN Phone: 871 -5771 The original tract of land proposed to be divided is described as follows: •• Tract A, Registered Land Survey 1365 The following parcels will be made from the division of the above described tract of land: Parcel to be conveyed: All of Tract A, Registered Land Survey 1365, except the Easterly 185.0 feet thereof. Remaining parcel: The Easterly 185.00 feet of Tract A, Registered Land Survey 1365. • DAY ON HUDSON ATI ` Signat re of App .cant Richard S. Contee .� Vice President s I .PARK �r WtiNICIPAL �. Nit�sMING•POOL' i :_. ��■ Imo■ ;■ r �? N. n E REQUEST NUMBER: LD -77 -5 F � Q �a i O 1 SOUTHDALE SHOPPING CENTER n, (a LOCATION: S. of W. 69th St. and E. of Valley View Road. REQUEST: Divide C -3 commercial lot to construct a Junior Achievement facility. �4 y D C, I o W. 69 TH. I W. 70 TH. yillaae n: nine depatment vi111�a� of edinn III. New Business: 5. Lot Division LD -77 -5 EDINA PLANNING COMMISSION STAFF REPORT March 2, 1977 Dayton Hudson Properties. Tract A, Registered Land Survey No. 1365• Generally located south of W. 69th Street and west of Valley View Road. Refer to: Attached survey. Dayton Hudson Properties is requesting a lot .division of a registered tract which is located north of the European Health Spa and immediately south of W. 69th Street and east of Valley View Road. This site is slightly over two acres in size and the proposed division would result in two parcels, each over one acre. Junior Achievement is proposing to build a facility and headquarters office building on the westernmost resulting parcel. Recommendation: The staff would recommend approval of the proposed lot division since all of the conditions of the ordinance have been met and the original plans to use this site for the Hennepin County Regional Library are no longer realistic. GL: In 2/25/77 t 41, SURVEY for JUNIOR ACHIEVEMENT a / WEST 69 ?-/y ° y. Ana: •�,.; _ `. 1�s., % `1 q s� ;`�� /'�. 4�r e'r . 47,556 SQUARE FEET i• / or 1.092 ACRES W �\ has\ r•�•\ . �`� A i rl,� °•oo 2•SO 48 .. l` � 09• 48,718 SQUA RE FEET / or 1.118 ACFRES ' / P Ii jjf 111 / l l 1 I d \ a•/ 0 0 t t..r.nr e.ntrJ 0 pl•.• d C. E. COULTER a A r.�.r: •., p...kn /a o,o • L N--- tN' _ PROFESSIONAL / 0•.I.L,n7 I. us& as BITUMINOUS • +,\ /d BITUMINOUS IPARKING +1 e•�' PARKING I t 30 0 s0 . MOTS, 1. 0 0a-t.. I,... ' _ 7. A31 .•wr .M v;ee .rin d.ta fror tt ' :. T1�ale .r .n.1•rground to l•{noN e.cl. ' loc•t inn ar.kne.,n -- c�r.ta<t tr. •, 3e: .ct (t.ld I— ., lo -.1 p.— .. ul utluuee .ho•.n a: .ypro•l.a. . a...d en .ltaDl. lnrer,alen rro. 1 _ Ca pen l•• n,n b cene.e n•d :cr .uc• to !. 1r +• +•r• ro•ga.rr +:e. ,sat•d In T.: w•t�s•rtn re, me e1o••a q•cenan . "•.t l .1c oro St- . eSr A "m Ave, Co. fo,h[ zd d .ud 1th q.r !. >T n . rw ,ruL rgrtt'M elect[ual . per northern :t.t.• rn•.r Co. to - T. All h••r lnna .hove are .a.::oed d.t.a•. 10 0. All .1•,.t l.n. ..— an u.•e — U.: 1� !. 6e nrh Mrk - !np o! Mrc. NrD at !.1 pe•lth Spa tlul ldleq en ,. )-.th .',t. 1 10, p.rch —1k - ct,. esrn.r er cone. .1r pu..p havae en 6. 69th .t. 6 rTanee A, ,.qal rr.erl Arlon. T9r•CT A, ..gl t-4 land 9—y Ita. 1363. 103.00 —d fast trrreat. .• d at rlghl of aatd T'CT A .et.r fllu of St. Aegi.trar lytre.ptn..lrw s%Mwt b ..--U and .e.Klotlolm of WEST I N 691/2 ST. t t..r.nr e.ntrJ uat va..ur..J. pl•.• n.00kt C. E. COULTER a A r.�.r: •., p...kn r.l 1.J v. ur tr.n. y PROFESSIONAL / 0•.I.L,n7 I. •.,J 1.•Lr,r a:.t•r t ++ :• ++ rt u.. .tl 1...r p '•,..r,. , / pro IN -2 -77 lanning Commission t•'isnutes, page 9 5. Lot Division Dayton Hudson Properties. Tract A, Registered Land Survey LD -77 -5 No. 1365. Generally located south of W. 69th Street and west of Valley View Road. Mr. Luce stated the property in question is presently a single registered land survey tract of just over two acres. The proponents are requesting. to divide the property approximately in half. Junior Achievement plans to build an office building with eight classrooms on the western half. The building would front on Vally View Road, and access would be had from that road. Approval of the division was recommended in that the proposed lots would meet all of the conditions of the zoning and subdivision ordinances. In addition, Junior Achievement's purchase of one of the lots is subject to the condition that a retail commercial use will not be allowed on the remaining vacant lot. In reply to Mr. G. Johnson, Mr. Luce stated that Dayton Hudson is retaining an easement across the Junior Achievement lot for access to Valley View Road in case the future user of the vacant lot desires to egress to Valley View Road instead of W. 69th Street. Mr. G. Johnson moved the requested lot division be approved provided all curb cuts for the Junior Achievement building are along Valley View Road. Mr. Runyan seconded the motion. Mr. Kremer observed that Valley View Road is fast becoming a "back yard and high speed alley" and that trash storage and parking areas visible from Valley View are unsightly and inadequate. Mr. Christopher Dietrich of Hamel, Green, and Abrahamson presented plans illustrating the proposed building and parking layout and trash storage areas. Mr. Emmett Albergetti of Dayton Hudson Properties indicated that screening and landscaping will be provided as required. All voted aye on the earlier motion to approve the requested lot division. --. 4 r '4440 IDS Center Minneapolis, Minnesota 55402 612/341 -2464 U REALTOR February 19, 1977 Mr. Greg Luce City Planner City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Greg: the I;Mf%= company Real Estate Brokerage Investments Consulting This letter is in response to your letter to me and your staff report relative to the proposed Registered Land Survey by Dayton Hudson Properties at Southdale. I am sorry that I was not able to be at the Planning Commission meeting when this item was heard in order that I could have clarified a couple of points relative to this specific request and some other items of current interest to the city in the Southdale area. As you are aware, the reason we are requesting this land survey is to be able to accommodate separate mortgage lenders' requests relative to the refinancing of the Southdale Shopping Center it- self and a separate transaction involving the Dayton's department store at Southdale. We appreciate the time that you and your staff have had to put in on this because it is of a complicated nature. We also appreciate the consideration which the city gave us relative to the requirement of posting the meeting dates and item requested on a public sign outside of the shopping centers. It was our collective judgment, I believe, that the posting of the signs in this instance was not necessary for a variety of reasons which Mr. Bill Hise communicated to you. While I agree with you that the existing filling station structure ( presently in place on Tract G is unsightly and should be removed, I cannot agree that it should be made a condition of this Regis- tered Land Survey. You note that there is some discussion over a period of time relative to some proposed redefinition of the retail space inside the Southdale Shopping Center. It is assumed that if this redefinition of space occurs that there may be need for additional parking spaces to be provided in order to meet reasonable retail code parking requirements. We believe, however, a Mr. Greg Luce February 19, 1977 Page 2 that it is premature to discuss these at this time and to include them actually as a condition of the Registered Land Survey. We recognize your concern that the gas station property is zoned in such a way that another use could con- ceivably be built on the property. The Dayton Hudson Properties, along with the City of Edina, has had some inquiries relative to the site and we have been consistent in all the answers to inquiries in stating that the property is not on the market, is not available for development, and that we are not interested in discussing the acquisition of the property with anyone. We are fully aware that the property may be needed by us in the future to fulfill addi- tional parking requirements and have no intention whatsoever of using it for any other purpose. Dayton Hudson Properties has assured me that their present intentions are to remove the existing improvements this spring and improve the area with grading and landscaping so that it is not the eyesore which it has become in the past years. Relative to the property that would be remaining south of West 69th Street if the Junior Achievement building is com- pleted, the situation is the same. That is that although we understand the property has commercial zoning presently, it has been our long understanding with the city that the property was not suitable for intense retail commercial development. As you know, we have held that property for some 25 years in anticipation of other uses such as American Collectors, Metropolitan Life, the American Automobile Association and others of a similar nature which are single or multiple type users of quality office space. This continues to be our intention with the property and Dayton Hudson Properties has assured me that there is no implication involved in the Junior Achievement sale that should lead you to believe that there will be a request for a commercial retail type use on the balance of the property. I was delighted to hear from you that there exists a possibility of cooperation between the city and the Junior Achievement people in the area of allowing the senior citizens and others in the community to use some of the Junior Achievement facilities during the hours that Junior Achievement does not make use of them in their own programs. As we have always done in the past, we will do whatever we can to foster this relationship. 1 Mr. Greg Luce February 19, 1977 Page 3 Relative to the comments by:Hennepin County contained.in their letter to you of February 3, I have been in contact with the county and have reviewed their position relative to these various recommendations. A conclusion of our conversations was that the letter to you contains only recommendations by the county and that for.example, in the case of France Avenue, they are really only concerned about being able to put some buried cable in the property that they are talking about. While I understand that you must forward any requests for replats or registered land surveys to the county, we have reviewed the county's comments and noted to.them that over the history of Dayton Development Company', we have had excellent relationships with the county and have always been able to achieve the common goals of the county, the city and Dayton.Development Company without resorting to granting or platting additional rights.of way on property held by Dayton Development Company for projects of the county's which are in various stages of planning. The particular section.of the county. staff that re:vi.ewed.the request for the Registered Land Survey was not aware of the three years of meetings that had been,going on between representatives of -the county, the city and Dayton Development Company regarding the France Avenue improvement. We believe our record in actually initiating these meetings and providing for significant outside consultants' time in drawing up plans and recommendations for the county should speak to itself relative to our demonstrated interest in this project moving ahead. I believe we have cooperated fully with the county and the city in informing other property owners in the area of the improvement and helping to obtain their approval and.cooperation. The right of way section which reviewed the plans has now been made, aware of our past involvement with the other members of the. "county staff:` Lastly, I would like to ask you indulgence and that of Florence Hallberg and the city council in postponing the hearing relative to the new land survey from March 7 until March 21. The Edina-School Board has scheduled a special meeting for March 7 to talk about the possible closing of the Wooddale School and the PTA has asked me to represent Wooddale School at that meeting beginning at 7:00. I intend to be at the School Board Meeting and ask your understanding in this matter and hope that you can reschedule the Mr. Greg Luce February 19, 1977 Page 4 Registered Land Survey request until March 21. I have written a separate letter to Florence advising her of this request. Best personal regards, ck Rice 4440 IDS Center Minneapolis, Minnesota 55402 612/341 -2464 In. REALTOR February 18, 1977 the RCE company Real Estate Brokerage Investments Consulting Mrs. Florence Hallberg ' City Clerk j City of Edina i 4801 West 50th Street II Edina, Minnesota 55424 Dear Florence: I'd like to ask a favor. Dayton Hudson is asking for a replatting of a certain part of the Southdale area. We were scheduled to be heard by the City Council on March 7. I would like to be there to represent DHP that night but now find that the School Board has scheduled a special meeting relative to school closings and especially Wooddale School. As you know, I have been active in the group that is trying to keep Wooddale open and for better or worse, I am going to be their spokesman at.the March 7 meeting at 7:00 P. M. at Edina West Lower Division. I just don't see how I could make both appointments and would like your indulgence in carrying over the Dayton Hudson item from the March 7 date to March 21. I do not believe this will cause any great inconvenience to the public as there should be no public interest in this merely mechanical replatting. Thank you for your consideration. i Sincerely, Y ck Rice .JOC ,4XA-"-0N N_AP -=-. A 4. q ft b" f'l E IRC �V C C O 4 t ST. PATRiCr 0 REQUEST NUMBER: S-76-20 and Z-77-2 LOCATION: S. end of Bror Rd., N. of Mark Terrace Dr., and W. of Valley View Rd. REQUEST: Zone to allow private road and divide 4 lots from 2 existing lots. Alba i)lann*nz department villogre of eding -n BRAEMAR LLPARK LEX, - 4. WILD FLOWER 4 t ST. PATRiCr 0 REQUEST NUMBER: S-76-20 and Z-77-2 LOCATION: S. end of Bror Rd., N. of Mark Terrace Dr., and W. of Valley View Rd. REQUEST: Zone to allow private road and divide 4 lots from 2 existing lots. Alba i)lann*nz department villogre of eding s EDINA PLANNING COMMISSION STAFF REPORT February 2, 1977 Subdivision S -76 -20 Dahlquist Addition Replat..Richard Reeves. Generally and Rezoning Z -77 -2 located north of Mark Terrace Drive and east of Valley View Road at the south end of Bror. Road. Lots 1 and 2, Block 1, Dahlquist Addition. R -1 Single Family Residence District to PRD -1 Planned Residential District. Refer to: Attached graphic. The Planning Commission may recall that several months ago the proponent submitted a proposed subdivision to divide this property into four single family lots with Bror Road extending through the property with a cul -de -sac at the end. The cost of the improvements for this proposal turned out to be in the-neighborhood of $20,000 per lot, and was obviously prohibitive. As an.alternative, the staff has worked with. the. developer and he is now making a request for PRD -1 rezoning and a revised subdivision. The purpose of the PRD -1 zoning is to eliminate the necessity of all houses facing public streets (such as townhouses). The Engineering Department requires that Bror Road from Valley View Road to its entrance at this property either be vacated or that it have a cul -de -sac at the end. Since this is beyond the conplete control of the proponents, the staff would recommend that this proposal be held over until such time as the Engineering Department and the proponents can agree on how Bror Road will eventually be treated. GL:LN 1/28/77 i P.- BSI Goe or E/'za�A Terrace 1 �• , �� -- - — i � 130 Is ^ �' tip $w a , Ilk •'' '- - --- amine , X 424 r ✓jam • � �•, ", I �, 4/ 935 /�� ,� . 56 1' � � yy0 �4• w � I I L� _ 20 7 t ►��� '19.7 - ��\ A6 ,se m I I \ \ a 'n eo At e9c ��� 328 ui � \ ♦�\ 5- l• ��\r �� \ \ 4to ,. \ \ \ \ \ \ \ \ 914 a �./ \ 911 410 35u \ We 09 . asc 4�.•' f-\ ! !ri/�. ♦�\ � 1 1 ! L. t. it ri' existing .house on lot 10 or the character of the homes immeaiately nortn ana.souvn '8f the proposed lot. He urged the. - Planning. Commission to reject the application, independent of the court's decision, because_it is out of character with the neighbor -. hood. Mr. C. Jihnson moved the requested division be continued indefinitely, as recommended by the staff. Mr. G. Johnson seconded the motion. All voted aye. Motion carried. 3. Subdivision Dahlquist Addition Replat. Richard Reeves. Generally S -76 -20 and located north of- -Mark Terrace Drive and east of.Valley View Rezoning Road at the south end.of Bror Road. Lots 1 and 2, Dahlquist Z -77 -2 Addition. R -1 Single Family Residence District to PRD -1 Planned Residential District. Mr. Luce recalled that several months ago the proponents requested.to extend and cul -de -sac Bror Road to serve a proposed four -lot subdivision. He explained. the present requests for subdivision and rezoning represent a minor modification of that earlier proposal. After further study, the developers determined that extend- ing Bror Road would have caused considerable environmental and aesthetic damage and the cost of building the road extension and cul -de -sac to public street standards would have been extremely high. As a result, a similar four -lot plat is now requested; Bror Road, however, would be a narrower, private road which would be maintained by owners of property in the proposed subdivision. The rezoning from R -1 to PRD -1 is required to allow the construction of the private road and to avoid the possible creation of two rear "neck lots ". Mr. Luce recommended the proposed rezoning and subdivision be approved for the following reasons:l.The proposed subdivision is consistent with an earlier approved subdivision, which is consistent with the Southwest Edina Plan and contained lot sizes similar to those in the neighborhood; and 2. the rezoning offers a tool which can be used to preserve to a greater extent the natural topography and vegetation without making any significant adverse changes to the neighborhood. Approval should be contingent on a parkland dedication fee equal.to five percent of the raw land value at the time of final platting. Mr. G. Johnson so moved, and Mrs.. McDonald seconded the motion. All voted aye. Motion carried. 4. Lot Division Elmer Nordquist. Lots 27 and 28, Morningside. Generally LD -77 -2 located at 4005 W. 42nd Street. Mr. Luce recalled that lots 27 and 28 were combined when all but 35 feet of . Lot 27 was taken for the construction of W. 42nd Street. The combined lots were subsequently divided into three single family lots in a north /south direction, and a house was constructed on the westernmost lot. The proponent is now requesting to divide the center lot in half; the west half would be added to the lot with the existing house and the east half would be added to the vacant corner lot directly east. Two large lots (100' X 135') would result. Approval was recommended. Mr. Kremer moved the requested lot division and combinations be approved. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. 5. Lot Division Gregor.2nvestments Association. Lots 25 and 26, Mbrningside. LD -77 -3 Generally- -located at the southeast corner of W. 42nd Street and Scott Terrace. Mr. Luce recalled that all but the south 35 feet of Lot 26 was taken for the construction of W. 42nd Street. He explained the proponents are now requesting to combine the remainder of-lot 26 with lot 25 and, subsequently, to divide the total property in half in a north /south direction to create two 100' X 135' single family -lots on W. 42nd Street. Approval was recommended because lot 26 would be eliminated -4� ■� �. [00 a 1111 P! f► REQUEST NUMBER: z -77 -6 LOCATION: S. End of Malibu Drive REQUEST: Rezone 5 double bungalow lots to single family lots. village planning department vilinge gf edin 1b EDINA PLANNING COMMISSION STAFF REPORT March 2, 1977 III. New Business: 3 Rezoning Z -77-6 Village Development Company. Outlot A and Lots 3 E Declaration of and 4, Block 2, and Lots 11 and 12, Block 1, Buildable Lot Edina Green. Generally located at 5224, 5520, 5227 and 5525 Malibu Drive. R -2 Multiple Residential District to R -1 Single Family Residence District. Refer to: Attached graphic showing existing zoning. The proponents are requesting to rezone four lots and an outlot in the recently approved Edina Green Addition from R -2 to R -1. In addition, they would like Outlot A declared a buildable lot. Recommendation: The staff would recommend approval of the proposed rezoning in that it is comprehensive enough to be consistent with surrounding lots and the new proposal for the property to the north. The staff would recommend approval of the declaration of Outlot A as a buildable lot contingent on the dedication of Outlot B for road purposes. It should be noted that Outlot B will in part benefit Outlot A and contribute to its buildability. GL: In 2/25/77 0 V�- ' Z L7 W / C� f K `?p0, Il 1 s: V d0 o # i ��a• �rCy 100' OIA. TEMPORARY ` CUL -DE -SAC v y I80' 83' 23'\ 187.01 1 15000 `�o•I 12,600 1 �� /1,,5,200 60- 1 163- i o 15,900 n cJ 2 1.1?0R 1 N / - _ - -130_R Cif 15,3.00 s�Z `.i 4 / 13,500 / 'O / ca 90, 151900 m 3 ♦ / o / 22-R.. ro o 13,900 4 /28 UTILITY "O• QV;l�, v, 120' ASf?dEH�♦ �,o Py'�,�y � Q, 4 1 PARK ±6.2 a v \,J,. � (270,072 sq.ft.) OFFICE . � P.I.D. SITE ±4.0 > aC. (174,240 sq. ft.) \� I� � f9p• Id REARYARO SETBACK 1306.0 41 `' 4' - 14,100 .� oo f 10 ° tig� , °r 4 Q WT / M 16,500 16,700 . @p�ffj 1, Ids h Cp 80• _ 20'.� p 5 13,000 30 125' - 20 TILITY EAAtEN N Im 13,00.07 /� V13,200„ t o / Job 'a0 '" \ ♦nom Q r •7 gip• 0 s Y 15,200 `=1 17,100 1� I n 140 170' v • 0 s 1*1 i J J z X_ 0 0 , a P1 AT 1 �`l' 'tr`i� i v. r4 "11b.1` ,�S.:YIGrs _� 6 �ih•;.✓f.. �.;'.i: •.n__�s�. TOTAL LAND AREA t 18.9 cc. LE FAMILY LOTS t,4.O ac. SING • I DUPLEX LOTS t 1.8 ac. 0 OFFICE or P.1. D. SITE t 4.0 ac. IL: n _ PARK t 6.2 ac. - R.O.W. t 6.9 ac.. �! w 1303.10' .. �,i,�''ll.li it il.l. I i III I; !' II;•Ii q! I II I I III' i;: , .' >'.''.:::: : :'•``. �a •) > �� . � ) ` .., .� .3 .� ,:,y•✓ � �� I. , ,;li I I;Ij�lj�,� � I:���:�,I,i� ll! ,�!jij!!�,jjj�,j��.jl�;l,lj,,li !;;, . • � � �� . � ;,i „ 4J "� � 4 J ` I'II I I Ii I' i I!1 I I � I' III gill Illlli! I Ir I r Ir '�� J +; 1 I' i u I p I I I I III i i I '� �,•' • '� �� ,.� � ti 1 `,� � � �y �� �.: r. ',ill,l: ?L.'ilii�.!:L.�II�,.:jaI;i,:_ j � . `� ••�� ^�, � 'I'll! 1 'y . 'I I II IIII!III I III �� � '! > .�J•!•' 7 ^•)� •a:✓l� •✓ � I','I�I!,1;1 , !Ii;IIkII.,Il,lillll t .J � �• J �'� (,� ��! •� .� � •� � ., J , � I Iii�Illuiiiuilij�Il�ll !!!II!'!Ij�!I1';'�I;I'Iil 1� r� w � t �, 7 � ,7 � �� V �.j�� ' lrllllil,ll'I� � s',•�` ~� � �> > � �... >•� �tJ F' .S � ` J...j .��li, �'j�+ J ,�I�!il,l!I "ICI, 1 r� \ 'l v , 1 � � •� J ., GJ • , fi_' C / . .� • • !,� �I:i��. :Il ii: 0 1) avi XN :I: III:•:. I.!,!.;;ii;� t.:� �I�:• .I:�i .4 � t` � )�. < r � Ci E.! '' � 4 `I . ii:.;; 1! I!; iiii! "i!illiii'.:'>::<•: �. � .�. '�;' y (;,,? � ,�� '� � �� "j• .iii.:;;,., ��.:,;.1 i.:<:::: >s: 1306.0' H J 0 z 0 0 IL r � ..I- ...I* � � I � • . : - r: ' kT" - A 171! 1" � 1 A iv "�°+, �:." "� !qA � �� 3. Rezoning Z -77 -6 Village Development Company. Outlot A and Lots 3 and & Declaration of 4, Block 2, and Lots 11 and 12, Block 1, Edina Green. Builable Lot Generally located at 5224, 5520, 5227 and 5525 Malibu Drive. R -2 Multiple Residential District to R -1 Single Family Residence District. Mr. Luce explained the properties in question are presently zoned R -2 Multiple Residential District and the proponents are requesting to down -zone the property to R -1 Single Family Residential District. One of the sites is presently an. outlot ( Outlot A), and the proponents have requested that that parcel be declared a buildable single family lot. Mr. Luce recommended approval of the requested declara- tion and rezoning provided Outlot B is dedicated to the City for road purposes.. Mr. Rick Davies of the Malibu Heights /Parkwood Knolls Neighborhood Association spoke in favor of the request in that it would reduce the density and potPnti.al traffic problems. Mr. Runyan moved that Outlot A be declared a buildable lot and that the proponents request to rezone the lots in question from R -2 to R -1 be approved provided that Outlot B is dedicated to the City for road purposes. Mr. G. Johnson seconded the motion. All voted aye. Motion carried. r t t f I i ''Cl� ON MAP-zr. (2,7, N OAi�P \� MC CAULEY TRAI LCROSSVIEW UTHERAN CHURCH A I IC, �pV� G i 0 °- in 1A N o� HI L9 a pP? 9 CIRC�L ¢ y I 1- QP INO� �- r �N NIL' W a P u < < I I 3 EE or F I 1, REQUEST NUMBER: Z-77 -5 LOCATION: Outlot adjacent to McCauley Trail and N. of McCauley Lane REQUEST: Create n double bungalow lot � i �•f•RE y111asP planning dcnlortment V. rd' , EDINA PLANNING COMMISSION STAFF REPORT r,., March 2, 1977 III. New Business: 1. Rezoning Z -77 -5 John J. McCauley. Outlot A, McCauley Heights 4th t Declaration of Addition, and Lot 1, Block 1, McCauley Heights 4th Buildable Lot Addition. Generally located north of McCauley Lane, south of McCauley Circle, and east of McCauley Trail. Refer to: Attached graphic and parkland dedication report. The proponents are requesting to rezone an outlot and lot 1 of McCauley Heights 4th Addition so that they may be used for double bungalows. Lots immediately adjacent to these lots have already been zoned to R -2. The outlot is approximately 24,000 square feet. Lot 1 is slightly smaller. Recommendation: The staff would recommend approval of the proposed rezoning for the following reasons: 1. The lots are adjacent to existing R -2 zoned properties. 2. The lots face County Road 18 and it has been City policy to use R -2 zoning for transitional land uses. 3. The proposed rezoning would be consistent with the Western Edina Land Use Plan. The staff would recommend further that Outlot A be declared buildable contingent on the payment of a parkland dedication fee, as identified on the attached park- land dedication report. r GL: In 2/25/77 Cl ;..60056 �•t' 1 �J S. i �t;)zd f, , Part of Part of 23 h� Lot 5 - a� c� Sr 4� I°� o\ )• 421' / �,,f` .••, - . • "'tips' .b .r'. Cif o a^�o 4 ♦ J 9r C o 'Z ^ E 264.0 3 2. ti l a 11 • / 7QOl'.� O� Cpl •o. /Oen ✓� '~ f1.8 LANE Jfr16t N r PART CF IIB.I7 r LO' S 50D / J y�-o�% �� y r G 15: �3 A O ` ,YJ :�: _�• I J?yO•S`+•i ?�T \r !� c2 -L — ,`i.56 _ f 6 0 F i -CAU �9 5"6,3- L o� `'j "•'� '''rr '\` dl.e° L13' °gjfc• a 1 / 4! '•d srJU U r `� <03 i i :�'- s9 °:'9� 5'z 0 ' a rC ��\ \; o 330 9 I rQ —! 4 11' I 41 dF i 4, SSS°J �_ :a5.O: r _. ADD.� 19.23 1 r.,h vJ .. , s•o d h�, r "`2 � [ 71 s� Sj °39'_ ni� 1� 3 e r "1y \ x'7 :.0';4' .. to cJj 110" i o o N 'C LO A •�O 404? �'' •'s� °, ''c \•. \., V5.44 -- , J� 10 2 ' �3CCPV� 6�K Q •,�; F o McCAULEr' HEIGHTS 3RD G��S fr���)'3r J 1 il0`1 1':,, ° to r CL �; /•)0 !; ?; :.i. �' i 41 g a• .. t 5 3 3 0 9 `'' a `' Q Z -- - ffi'- '9 ":y:i ��a TWO o O_ hl. cC ,LOT W Jy 1 ^.Ei;rii5 °!/ G� '' ��,�•. 1 , Olaf 1� o Ss 5 N 1y 1 � to C II ; •J �� N ,i .� GHTS�y � is J iJ ,\�• °0 Y,r � <�`1^ Q ..i w4 M r �beP obi, 7.�) G rye. ° t' V Y °a�- �}C1 ADD � gJ '� ":.r k/ 4 G Z ���'y a s ^�vv s4f `l,'g,' `' ,,�•. `� 1 G ,t a� �� J Port of W ..Ii1•JC• of. 0* ,.• I Lot 16 A J, �i >. Q Aud. Subd. �., ',+.• 11 a n�' ,� �,,•,. Q d No. 196 ,.. Part of �'„, \• Y �� :�::. n Lot 8 Subdivision No. . SUBDIVISION DEDICATION REPORT TO: Planning Commission Park Board Environmental Quality Commission FROM: Planning Department 1 l� II SUBDIVISION NAME: I lot C C v 119, n ; ��S �� Q4 ' LAND SIZE: 4- O O o ± LAND VALUE: X14 DOO (By:— Date: -2 2 5 -77 ) 5%'= $ Resf Usc ;'S The developer of this subdivision has been required to E] A. grant an easement over part of the land B. dedicate % of the land C. donate $ ���•� as a fee in lieu of land as a result of applying the following policy: A. Land Required (no density or intensity may be used for the first.5 %.of land dedicated) E] 1. If property is adjacent to an existing park and the addition beneficially expands the park. [� 2. If property is 6 acres or will be combined with future dedications so that the end result will'be a minimum of a 6 acre park. [J 3. If property abuts a natural lake, pond, or stream. E] 4. If property is necessary for storm water holding and will be dredged or otherwise improved and will be a scenic place. (] 5. If the property is a place of significant natural, scenic or historic value. ❑ 6. B. Cash Required []I. In all other instances than above. 2. 111 . 1VLW iSll:i tnl-:i5: 1. Rezoning Z -77 -5 John J. McCauley. Outlot A, McCauley Heights 4th Addi- �I•� & Declaration of ti.on and Lot, Block 1, McCauley Heights 4th Addition. 3I Buildable Lot Generally located north of t•ic.Cauley Lane, south of McCauley Circle, and east of McCauley Trail. Mr. Luce explained the proponent is requesting that an existing outlot be declared a buildable lot and that that property and an existing single family lot be rezoned to R -2 for double bungalows. Approval of the rezoning was recommended for the following reasons: 1. The lots are adjacent to existing R -2 lots which also face onto McCauley Trail. 2. The lets face the freeway system, which,has the undesirable impact of noise and other freeway- related impacts. 3. The City has'had a policy of separating single family areas from more inten- sive land uses by a "buffer." or transitional use. R -2 zoning has frequently been used for that purpose. 4. The proposed zoning would be consistent with the Western Edina Land Use Plan. Mr. Luce noted that Outlot A exceeds the minimum square footage required for a double bungalow lot. Fie therefore recommended that Outlot A, McCauley Heights 4th Addition, be declared a buildable lot contingent on the payment of a parkland dedication fee in the amount of $700. Mr. Paul Johnson of 4617 Cascade Lane, owner of an adjacent single family lot, objected to the request because he purchased his lot partly on the basis that this was an area of single family residences. He felt zoning changes should not be allowed in this area because "that leavcs residents and current neighborhoods vul- nerable to changes in neighborhood character." Mrs. holly Johnson felt there is no legitimate reason to rezone the lots in question to R -2 because there is no com- mercial development in the area and the property does not front directly on the freeway or an exit ramp. She added that if the rezoning were allowed, the view of .arrowhead Lake would be lost for two single family homes. Indicating she was also representing Mr. Stanley Rcbers, "owner of t.hc property at the end of the cul -de- sac of McCauley Terrace," Mrs. Johnson stated that Mr. Rebers was unable to -attend the Planning Commission meeting but asked her to request that this matter be held over one month to give him an opportunity to attend and voice his opinion. Mr. Tom McCauley, the proponent's nephew, said he does not think there has been any question about the future use of tlie lots along McCauley Trail for many years. lie felt single family homes in this location would not be marketable. Mr. John McCauley, t-he property owner, stated the land is obviously exposed to the freeway and subjected to a noise problem. Mr. Greg Gustafson, 6412 Aspen Road, agreed that the highest and best use of the property in question would be double bungalows. After lengthy discussion, Mr. Kremer moved that Outlot A, McCauley Heights 4th to Addition be declared a buildable lot and that the requested rezonings from R-1 carried. R -2 be approved. Mrs. McClelland seconded the motion. All voted aye. motion ( MAP Y I � . n BISCAYNE BLVD. p BISC4YNE BLVD Z c� W L C� �r a _ BI CAY BLVD. ,R. W O , •,•' ....�P vAL tt I-D OP\LDNDDNDERI2Y LONDONr,ERRI' FiR� .' •i to DRIVE r 1 i � ; � � d R•; REQUEST NUMBER: z -77 -1 LOCATION: 6800- 02 -04 -06 Dovre Drive REQUEST: Create two double bungalow lots. village planning depar_1fflent villaee e�i EDINA PLANNING COMMISSION STAFF REPORT March 2, 1977 II. Old Business: 1. Rezoning Z -77 -1, Prestige Investments Inc. 6800, 6804, and 6808 Flood Plain Dovre Drive. Lots 1, 2, and 3, Block 1, Nine Mile Permit FP -4., & North 2nd Addition. R -1 Single Family Residence Lot Division District to R -2 Multiple Residence District. LD -77 -6 Refer to: February 2, 1977, Planning Commission staff report and minutes. The Planning Commission may recall that on February 2, 1977, this matter was presented to them for rezoning and a flood plain permit. At that time the Planning Commission indicated to the developers that they would recommend rezoning if the lots were combined so as to make two double bungalow lots on the north side of Dovre Drive similar to the condition that exists on the south side. The proponents are now making that request. Recommendation: The staff would recommend approval of the flood plain permit, the lot division, and the rezoning for the reasons stated in the February 2, 1977 staff report. 0 GL: In 2/25/77 r� U� 4T. N I 19 Z ?_ /S z c tv z x 1 rl( _ - r I'Sr.� -.0. �Qi r 4I a dl o i C - - ' Aj - r I'Sr.� -.0. F X � 8a i J k, o i C - - ' Aj CD F X � 8a i J k, • ENVIRONMENTAL QUALITY COMMISSION STAFF REPORT January 31, 1977 Lots 1, 2, and 3, Block 1, Nine Mile North 2nd Addition: Flood plain Permit and Rezoning. Refer to: Attached graphics and letter from Nine Mile Creek Watershed District. Approximately one and one -half years ago, the EQC reviewed, and the City Council subsequently approved, the Nine Mile North 2nd Addition. At that time, it was recognized that some flood plain filling would be necessary on the northerly three lots of the subdivision in order to provide building sites. It was also noted that flood plain permits would be required prior to such filling. The proponent is presently requesting a flood plain permit to fill the southerly portion of the northerly three lots as shown on the attached graphic. The Nine .Mile Creek Watershed District has reviewed the proposed flood plain encroachment and finds that it conforms to the District's policies and regulations in that less than 20 percent of the flood plain on the property will be filled. The District has granted a grading permit for the project. She proponent is also requesting a rezoning of the northerly three lots from R -1 Single Family Dwelling District to R -2 Two Family Dwelling District. You will recall that some months ago, the southerly three lots were replatted into two lots and rezoned to R -2. A similar replatting of the northerly three lots would not be required to accommodate A-2 zoning as they meet the minimum square footage requirement for this zoning (i.e. 15,000 square feet per lot). RECOMMENDATION Staff recommends approval of the flood plain permit.in that: 1. The proposal conforms with the standards contained in Ordinance No. 815. 2. The proposal is in conformance with the Nine Mile Creek Watershed District's policies and regulations. Staff recommends approval of the rezoning request in that: 1. The lots are of adequate size to accommodate R -2 zoning. 2. Such zoning is a logical transition between industrial uses to the west and . single family uses to the east. Approval is conditioned on the following: 1. All disturbed areas must be adequately revegetated within three months after commencement of construction. 2. Haybale dikes or suitable temporary erosion control measures must be implemented along the west and north fill limits to prevent sediment from entering Nine Mile Creek. GUI: nr 1. jr 1 .< . PLAN FOR: RAUENHORST CORPO.= .TI:'; DESCRIPTION: lots 1.2 and 3. Blxk L hereby certify that this plan Was ; re_,,- supervision and that I an a dity R c ;s:e- laws of the State of Minnesota. Dated this 14th day of December. 1976. • , -� --� -��'-- _..- Gory our-k 874 t C v TN /S AREA TO E COMCA TED FILL ~J �� J J •i 1 � ": ------ - - - - -- - - - -- -- - - - - -- -- - A. , 1 • - lYr; .. ::•r a .,,:.::n... -.q, � �$ a n0 Q ' O A K 1'':S:'3 �• .1GG•GO - - <.t lS�•�14 �• �Qi °a. p OVRE. V r S t, SCALE :, I m SO , EG NOTE Total area cf L is 54• 2:0 s,—ja X%bt T:'21 An contoutis 10, c Nine Mile Creel{ Watershed District. 4344 IDS CENTE,. MINNEAPOLIS, MINNESOTA 5540::: January 19, 1977• Mr. Douglas Reed Rauenhorst Corporation J Northwestern Financial Center 7900 Xerxes Avenue South, Suite 2200 Minneapolis, Minnesota 55431 Re: Property Along Dovre Drive in Edina Dear Mr. Reed: We have reviewed your plan and grading permit application dated January 4, 1977 as submitted to the Nine Mile Creek Watershed District for the above referenced project. The -plan is in general conformance with the policies set forth in the District's Overall Plan. Therefore, the Managers approve of the grading and land alteration permit subject to the following conditions: 1. That*you notify us 48 hours prior to the commencement of construction. . 2. That all disturbed areas be restored with either seed or sod within three months from the commencement of construc- tion. -• - - -- 3. -- That a haybale dike be constructed along the proposed north and west fill lines. These bales will prevent sediment from entering the marsh to the north of the site* and Nine Mile Creek to the west. The bales should be installed prior to the commencement of land alteration. If you have any questions regarding the District's comments, please contact us at 920 -0655. JDD /sb cc: 11r. Raymond 11aik Mrs. Phyllis Larsen Mr. Cordon 11ughes Yours truly, John D. Dickson BARR ENGINEERING CO. Engineer for the District Approved by the Board of Managers r..-INE MILE CREEK WATERSHED DISTRICT �•����%C�- Presi den t Date• % "'! 4p C tit +� , `� a,S 1-1 C. ;.57 4i 4: :.:.y :6'41' c T..�.�.......``_Q• "I 21 s.; 1 ;` OUT uT A �` `s; a:.7 (� aena � �^\ R.a Er•� .. � .. ! ' = _ � :.. � ,' „'.!A n. � R•:� n .., ..� � � 's_f 579•3,t• i.. ' ' -(.r j _'o -• - -::i Q%m ♦i. 634 5 ° _, - _ ° .mss.. v - 3 ke no�....ss,...:r ...:� �. s..�..rw ae..►. - -1 '!.'j° F ' A -P I..- •�� ����•: , \, ..i a,r..Lii� �`N n':7 \r ory =r '�`�ti -- .t = 1{ '•• 1. � J J . -.:79 .•. � v .. ... .w?'.Sri wv]r0 r : ! - , � . 1 ' • . :T ' ,,,. -.� �.. ,- � � �. _ Wit. -�•• .••tU.�J.' ^. ••.. ... °.,:.- .. "- ....sat<w+uvT +� �mil�a.V./14L .'���. L • — • � � � � !mil \\�` ; f.r''t L- ..•..a,� 1 •I � ,':�e: i C;] ' =� 1•_.� -'! � . If CD •. 034 � r=i ,- ��•;� � `.�: %;�?_•__. -� � +—�, s�� �` 4 ._ ? �` / .ii �� G ; t. a� •� • e { Ell t.0 '�... � .� is� -r-o - �. 40530 3I � n �'... � 1,r �., . C. .r. p \�� i •i,.a p C1Q.- t•8745 .� \ .�.� as / r •4. .rr �I . R62 i1 NAi 2611 C• �- .\ 2 II. Old Business: 1. Rezoning Z -77 -1 Prestige Investments, Inc. 6800, 6804, and 6808 Flood Plain Permit FP -4 Dovre Drive. lots 1, 2, and 3, Block 1, Nine Mile & Lot Division LD -77 -6 North 2nd Addition. R -.1 Single Family Residence strict to R -2 Multiple Residence District. Mr. Luce recalled the proponent's original request was to rezone the three lots on the north sine of Dovre Drive from R -1 Single Family Residence District to R -2 Multiple Residential District for double bungalows. However, at its February 2, 1977, meeting, the Planning Commission generally agreed that if rezoned for double bungalows, the properties in question should be replatted into two lots so development of the site is in conformance with development along the south side of 'Dovre Drive. Consequently, the proponent is requesting the site be rezoned to R -2, that the center lot be divided approximately in half, that each half be combined with the adjacent lots, and that a flood plain permit be granted. Mr. Luce recommended approval of the flood plain permit because the amount of proposed grading and filling would conform with the City's flood plain ordinance and the Nine Mile Creek Watershed District regulations. He noted, however, that approval should be contingent on the following: 1. All disturbed areas must be adequately revegetated within three months after commencement of construction; and 2. Haybale dikes or suitable temporary erosion control measures must be implemented along the west and north fill limits to prevent sediment from entering Nine.Mile Creek. Approval of the rezoning was recommended, contingent on the approval and filing of the lot division, because: 1. This area is identified as low density attached residential use on the Western Edina Land Use Plan; i 2. The property is transitional between single family residential on the east and industrial to the west; and 3. The property is across the street from a similar use. Approval of the requested lot division was recommended because it would facilitate the R -2 proposal and the property is across the street from a similar condition. Mr. Kremer moved the rezonings, lot division, and flood plain permit be approved with the contingencies listed by the staff. Mrs. McClelland seconded the motion. All voted aye. Motion carried. RESOLUTION WHEREAS, the following described tracts of land are now separate parcels: Lots 1, 2 and 3, Block 1, Nine Mile North 2nd Addition; and WHEREAS, the owner has requested the subdivision of said tracts of land into the following described new and separate parcels (herein called "Parcels "): Lot 1, Block 1, Nine Mile North 2nd Addition and the Westerly 55 feet of Lot 2, Block 1, Nine Mile North 2nd Addition; and Lot 3, Block 1, Nine Mile North 2nd Addition, and Lot 2, Block 1, Nine Mile North 2nd Addition, except the Westerly 55 feet thereof; and WHEREAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the subdivision and Zoning Regulations as contained in the City of Edina Ordi- nance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or-as to any other provision thereof, and subject, however, to the provision that no further sub- division be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by-.those ordinances. ADOPTED this 21st day of March, 1977. 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 March 21, 1977, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 12th day of April, 1977. City Clerk 1,D-1 ?-(-- PETITION FOR LOT DIVISION Date 7.7 Applicant: ��v� ►`► ' F�'�5 Address: ►8 l o ovn i vi e 6, P7r ee we y Phone: Owner(s): I\ a. u {v+ U✓J C 0 ✓17 ovC4, 0 v (as listed on the warranty deed) Address: 'i J O U- X e V e S At- 5-, Phone: 5 3 O- q&13 3 Buyer (s) : PV1(s�1 M f,4 Xh c (as proposed to be on warranty deed) Address: G OD %� - F f�l �� r� 5 't�h r`vr�'n y Phone: �• d S Y 37 L The original tract of land proposed to be divided is described as follows: •• The following parcels will be made from the division of the above described tract of land: A Pevcrl /; L 1 13(o is 1 /I!in �c /LJ►'1Y h'cal G/4/ S T H Y / 4-.. Lek -Povee l q A jr� /0/ Ye f� /Z y _ /��4'�t" /rn C�CCdyl7" /mil r 41 4,eIV /y Signatu licant -A PROPOSED RESOLUTION SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENTS WHEREAS, by Minnesota Statutes, Sections 435.193 through 435.195, the City is authorized and empowered to defer the payment of.special assessments against homestead property owned by a person 65 years-of age or older for.whom payment of such special . assessments would be a hardship; and WHEREAS, the City Council of the City of Edina deems it desirable and=-in the best interests of the City of Edina and its citizens to implement such authority and power by establishing standards, guidelines, and procedures for the granting and processing of such deferments. NOW, THEREFORE, BE IT RESOLVED, That the following standards, guidelines, and procedures.are hereby established and adopted to determine when a hardship exists,and to whom, and on what terms, a deferment of payment of special assessments should be granted, and how applications shall be, processed and deferments recorded: 1. To be entitled to a deferment a. The applicant must -be '65 years of age or older. b. The applicant must own the property for which deferment is requested, either alone-or in joint tenancy with --�AA who is domiciled with the applicant in the same property, but who need not be 65 years of age or older. 4 -A PROPOSED RESOLUTION SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENTS WHEREAS, by Minnesota Statutes, Sections 435.193 through 435.195, the City is authorized and empowered to defer the payment of.special assessments against homestead property owned by a person 65 years-of age or older for.whom payment of such special . assessments would be a hardship; and WHEREAS, the City Council of the City of Edina deems it desirable and=-in the best interests of the City of Edina and its citizens to implement such authority and power by establishing standards, guidelines, and procedures for the granting and processing of such deferments. NOW, THEREFORE, BE IT RESOLVED, That the following standards, guidelines, and procedures.are hereby established and adopted to determine when a hardship exists,and to whom, and on what terms, a deferment of payment of special assessments should be granted, and how applications shall be, processed and deferments recorded: 1. To be entitled to a deferment a. The applicant must -be '65 years of age or older. b. The applicant must own the property for which deferment is requested, either alone-or in joint tenancy with --�AA who is domiciled with the applicant in the same property, but who need not be 65 years of age or older. c. The property for which deferment is requested must be classified and taxed as homestead property by the City Assessor as of the date the application is made. d. The applicant must file a completed application with_.the City Assessor by not later.than the close of business on the last business day before the day on which the City Council is scheduled to meet to hear and consider the proposed assessment. e. The applicant must have a financial hardship. 2. An 'applicant shall be deemed to have a financial hardship when (i) the income,. as defined in Minnesota Statutes, Chapter 290A, of the applicant and..of the applicant's household, as defined in Minnesota Statutes, Chapter 290A, will be $15,000 or less in the calendar year in which the first installment of the proposed special assessment will be payable; and (ii) the first year's installment of the proposed special assessment will increase the aggregate total of the installments of special assessments against the property for which deferment is requested and payable in the year of such first installment to a sum equal to more than 2% of said income. 3. All ,applications for deferment shall be�om.a form.or.fo= prepared and supplied by the Hennepin County Auditor and the City Assessor. The City Assessor's office shall maintain a supply of such forms at the City Hall. 4. The City Assessor's office shall mail,with each notice of all meetings of the City Council to hear and consider proposed assessments,a statement explaining the deferment policy hereby established. Such notices shall be mailed at -least thirty (30) days before the day scheduled for said meeting. 5. The City Assessor's office shall review and report to the City Council, at the meeting at which the City Council is. to hear and consider the proposed assessment, on all deferment applications filed with it prior to the deadline set out at l.d. above. The applicant need not personally appear at such meeting in order to be granted the deferment. 6. The City Council shall consider all applications , duly filed pursuant to this resolution, and shall grant defer - ments to such applicants as comply with the requirements set out. 7. Any assessment deferred pursuant hereto by the City Council shall.bear interest at the rate of One percent (1 %)' in excess of the rate.of interest that would have been charged on the assessment had the assessment not been deferred, but not, however, in excess of the maximum interest rate allowed bylaw. 8. The City Assessor's office shall record all.defer- ments with the office of the County Recorder, Hennepin County, Minnesota, so as to give notice of such deferment to all future owners and encumbrancers of the.property for which a deferment has been granted, and shall note all deferments on the assessment cards for the respective properties so as to give notice of such deferment to all people who make inquiry of the City. BE .IT FURTHER RESOLVED, That the City Council shall not be prohibited from determining that a hardship exists,and that a -3- ti deferment should be granted on the above terms and conditions, even if the above requirements are not met by an applicant, if the Council finds: A. That there are exceptional and unusual circumstances not covered by the foregoing standards and guidelines. B. That if a determination is made that a hardship exists, it will have been made in a nondiscriminatory manner. C. That the granting of a deferment will not give the applicant an unreasonable preference or advantage over other applicants. BE IT FURTHER RESOLVED, That the failure of the City to give notice pursuant to paragraph 4 above, or the granting or refusal to grant any deferment shall not invalidate,or in any way affect the validity of, any assessment otherwise made and levied by the City of Edina pursuant to applicable statutory requirements .t BE IT FURTHER RESOLVED, That this resolution shall be effective from and after the date of adoption hereof. -4- MEMO TO: Ken Rosland FROM: John Valliere Subject: Range Balls Date: March 16, 1977 We need 1000 dozen range balls for 1977• This purchase is for 500 dozen as this is the first substantial price break. Normally we purchase a more expensive first line range ball because breakage is much less. This purchase is for a new solid ball which I feel will hold up. Quotes for comparable balls are as follows: 500 Doz. or More Hornung's RM114 $3.85 /Doz. Wittek's White /w stripe $3.85 /Doz. 500 Doz. or More Werre's $2.70 /Doz. Recommend purchase of Werre's. -------------------------------------------------------------------- MEMO TO: Warren Hyde, City Manager FROM: Ken Rosland, Director of Park and Recreation Department DATE: March 17, 1977 Please recommend to Council the above purchase of range balls. 5 1 K.R. plb MEMO TO: Ken Rosland March 15, 1977 Subject: Braemar Golf Course Battery Purchase The following quotes were received along with return battery prices for 60 220 AMP batteries. Battery Warehouse $35.70 each 2,142.00 3.05 replacement 183.00 Cushman Motor Co. $35.50 each 2.50 replacement Grant Battery Sales $37.39 each No Trade In Standard Battery Sales $36.27 each 2.50 Trade In National Battery Co. $34.95 each 2.00 Trade'Jn T' Submitted by John Nylund BRAEMAR.GOLF COURSE $1,959.00 RECOMMEND 2,130.00 150.00 $T ,9ci 2,243.40 2,176.20 150.00 $2,0.20 2,097.00 120.00 $1,977.00 ------------------------------------------------------------------- MEMO TO: Warren Hyde, City Manager FROM: Ken Rosland, Director of Park and Recreation Department DATE: March 17, 1977 Please recommend to Council the above purchase of golf car batteries: recommend purchase from Battery Warehouse. plb !/ r K.R. I Imto RECOMMENDED BRAEMAR FEES AND CHARGES -1977 LOCKERS: Men's 72" 1976 1977 PATRON CARDS: Men's 42" 18 hole: Individual $30.00 no change Husband - Wife 55.00 no change Junior (18 years and younger) 20.00 no change Junior (if parent is patron) 10.00 no change LOCKERS: Men's 72" $20.00 no change Men's 42" 18 hole: 12.00 no change Ladies 9 hole: 5.00 no change COMPUTERIZED HANDICAPS: $ 2.75 ..$ 3..00 . PULL CART: (18 hole) $ .65 $ 1..00 GOLF CARS: Juniors 1.25 1.00 1.50 18 hole $ 9.00 $10.00 9 hole 5.00 5.50 DRIVING RANGE BALLS: Large bucket $ 1.25 Small bucket .75 GREEN FEES: (fees include 4% State Sales Tax) 1976 $ 1.50 1.00 1977 Non - Patron Patron Non - Patron Patron 18 hole: $5.00 $4.00 $6.00 $5.00 9 hole: 3.00 2.50 3.50 3.00 Par Three Course: Adults 2.25 1.75 2.50 2.00 Juniors 1.25 1.00 1.50 1.00 DORSEY, WINDHORST, HANNAFORD, WHITNEY SL HALLADAY Jowls W WINOIIORSIT ROBERT J ST;r)M 2300 F (R S T NATIONAL BANK BUILDING ROBERT A "EIDERS POSERr L MONyINS • MENPT HALLADAI MICHAEL A OLSCN JOHN O \1481 jAP.Y D GLAZER Jul( "AA -AFORO LAPRT W JO—SON MINNEAPOLIS MINNESOTA 6 5 4 0 2 ROBERT A SCWPMFZSMJER Pill I Q S MENOMJSOE AAT.UP B, •wiT \ET TMON11 S MAT I DAVID M. FOOnEK MKR "At • RUSSELL R LHNDOUIST G LARRI GPIiiRM THOMAS TIwWM T4YIN0 WEISER GOTH DAVID P BRHNA CRAM) A SICK (6121340-2000 JOE F. X WA THEMES W ELKI U"ALA . EMERY MORALE C hITCH 'DAVID L MdUSKEr "WA TL BAIHNS THOMAS W CUTLER VIRGIL M MILL THOMAS O. MOE "WAN ILCH M-LIN( DAVID M L C LA ROBERT V. TARBOK JAMES M. IY.A.:AN CABLE DOROW STEVEN KCNA "IE IN DAVID M C' -ELC -" R03ERTJ JO.NSOM JON. M MABC" MICHAEL J RADNER JAMES R HELLHEIER IATNAROI IIASSElOUIST MICHAEL. WRIG.T TE LAX: 29 -0809 - - MICHAEL TPUCAND GARY M. JO.XSOM PETER DOMSET LARRY L. YIr. + *_T JOHN P. V11R0 THOMAS . slNn GEORGE P. rLA%hERI LOREN R KNOTT -TELECOPIER: (612) 340 -2669 DON D. CARLSON JAY LBENNETT CURTIS L POT PHILLIP M MARTIN PAUL J. SCNEERER ROBERT G. BAYER AATTNR E WEISBERG REESE C JOHNSON DAN F. NICOL SUZANNE 8 VAN OVA DDAMELJOSEPH CHARLES J. "AuEMS*LIN 1460 W —FIRST NATIONAL BANK BUILDING KENNETH A rVERSON STUART R.MEMPHILL JAMES S. VESSEI CHARLES A GEER ST. PAUL, M I N N ESOTA. 55101 JAMES A FLAOEA J DAVID JACKSON WILLL40 A WHITLOCA JOHN C ZWAAMAII (612) 227-8007 DAVID L BO MARTIN N D UNLACES LANTj EDWARD J. SC..ARTZOAUER JOHN R .'CAS OrRAN4M C. MARTIN DOUGLAS L PAT THOMAS M BRC.N EUGENE L JOH%S0% FRAMR M. VOIGf STEV[N F. .OLGAMOT CO4NEUUS D MA•H3HET.JIL JON ". WmO0C7ST•JR. 119 THIRD STREET SOUTHWEST WILLIAM M HIPP(LJR 4MAROUIS E"r+OOO WILLIAM CBABCOCK MICHAEL PR-CHARD ROCHESTER MINNESOTA 55901 R0BERTA BURNS EOAARO J PLUIMER , THOMAS S. EAICA SON WILLIAM R. BOTH MICHEL A L.FONO REMAIN M ERICKSON MICHAEL C 84ESS RICHARD O S.A.SO4 1607) 288 -3156 ROGER J. MAGMUSOM OMEN C. MARS RATIIOITD A PEISTER FAITH LOHMAM - J ROBERT MIBBT JAMS$ E. BOLUS - JON" J TAYLOR DAVID A PAN "EIM JAI F. COOK BERNARD G HE:YZEM ROBERT J SILVERMAN Ll SIANLEY M. REIN OF COU.NajJ. WLIA I A HEMPEL THOMAS R. MAMTHI - March r., 'i CHARLES L POTULML DONALD WEST JOHN S.IH884 P"jIJAM R MIBBS March 8 1977 .1 - _ VEALANE L ENDOW WALDO F. MAROUART ROBERT 0 iLOTTEE PXIUP F. SO EVER I �� DENNIS P. BURATTI GEORGE CANOERSOM JOHN D. LEVIni WLIAM 4 vATME ! ,� H J GEORGEANN DLCAER ROBERT LVAIKOSSEN Mr. Raymond L. Bechtle Mr. John W. Brown Ward Lewis, Esq. 7 Mr. Ralph H. Lieber�> , Mr. Willis F. Shaw :��� James Van Valkenburg, Esq. ���SL Re: Edina Foundation Gentlemen: Enclosed is a copy of each of the following proposed documents relative to the above foundation: 1. Articles of Incorporation. 2. Bylaws. 3. Writing in Lieu of First Meeting of Board of Directors. The Articles provide for the naming of the first board of directors. The Bylaws provide that the directors whose terms expire in 1978 will: be appointed, one by the.School Board and one by the City Council; that the directors whose terms expire in 1979 will- be appointed, two by the Mayor and two by the Chairman of the School Board; and that the board member whose term expires in 1980 will be elected by the other members of the board. Thereafter, successors will.'. again be appointed and elected in the same manner as the original directors. Therefore, it will be necessary to insert the names of the directors as selected. Also, it will be necessary to select, at this time, the board member whose term expires in 1980 as well, since there will be no directors who can elect him. In the Writing in Lieu of First Meeting, it will be necessary to name the first officers. The Writing in Lieu of First Meeting does not name a depositary bank. That can be done by the directors once a depositary is selected. �'• A Iw DORSEY. WINDNORST. HANNAFORD,WNITNEY & HALLADAY ARTICLES OF INCORPORATION OF THE EDINA FOUNDATION The undersigned, for the purpose of forming a corporation pur- suant to the provisions of the Minnesota Nonprofit Corporation Act, Min- nesota Statutes, Chapter 317, adopt the following Articles of Incorporation: ARTICLE I The name of this corporation shall be: The Edina Foundation. ARTICLE II This corporation is organized and shall be operated exclusively for•civic, charitable and educational purposes, for the primary welfare and benefit of the City of Edina, Minnesota, a Minnesota municipal corporation, and the residents thereof, and the public schools in Independent School District Number 273, a school district situated in the City of Edina, Min- nesota, Minnesota, and organized under the laws of the State of Minnesota, and the students enrolled in such schools, including, for such purposes, advancing, supporting, and promoting civic, charitable, and educational causes and projects of such City and of such school district, and, but only if and to the extent consistent with and in furtherance of the foregoing purposes, cooperating with other persons, firms, and organizations with similar civic, charitable, and educational purposes and objectives in order more effectively to carry out the foregoing purposes. For such purposes and not otherwise, and subject always to Article III hereof, this corporation shall have only such powers as are required by and are consistent with the foregoing purposes, including the power to acquire and receive funds and property of every kind and nature whatsoever, whether by purchase, conveyance, lease, gift, grant, bequest, legacy, devise, or otherwise and to own, hold, expend, make gifts, grants, and contributions of, and to convey, transfer, and dispose of any funds and property and the income therefrom, either to the City of Edina or to Independent School District Number 273, or both of them, or otherwise, in furtherance of the purposes of this corporation hereinabove set forth, or any of them, and to lease, mortgage, encumber, and use the. same, and such other powers which are consistent with the foregoing purposes and which are afforded to the corporation by the Minnesota Nonprofit Cor- poration Act, as now enacted or as hereafter amended. ARTICLE III Notwithstanding anything apparently or expressly to the contrary contained in these Articles of Incorporation, (a) This corporation shall, with respect to each of its taxable years, make distributions in-furtherance of its purposes as set forth in Article II hereof, at such times and in such manner and in sufficient amounts that this corporation is not subjected to any taxes imposed'by Section 4942 of the Internal Revenue Code of 1954, as now enacted or as hereafter amended. (b) This corporation shall not engage in any act of "self dealing" (as such term is defined in Section 4941(d) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended) with any "disqualified person" (as such term is defined in Section 4946(a) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended) or "government official" (as such term is defined in Section 4946(c) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended) that subjects this cor- poration to any tax imposed by Section 4941 of the Internal Revenue. Code of 1954, as now enacted or as hereafter amended. . -2- (c) This corporation shall not engage in any act, or purchase or hold any property, or make any expenditure of its funds, or otherwise, that subjects this corporation to any tax imposed by Section 4943, or Section 4944, or Section 4945 of the Internal Revenue Code of 1954, as now enacted or as hereafter amended. ARTICLE IV This corporation does.not and shall not, incidentally or other- wise, afford pecuniary gain to its members, directors, or officers; provided that, subject always to the limitations contained in Article III hereof, this corporation may pay reasonable compensation for services rendered to or for the corporation affecting, and make payments and distributions in furtherance of, one or more of its purposes as set forth in Article II hereof. No part of the property or the net earnings of this corporation or any other pecuniary gain or profit shall, directly or indirectly, be distributable to or otherwise inure to the benefit of any member, dir- ector, or officer, or any other person having a personal and.private in- terest in the activities of the corporation. No part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting, to influence legislation, and this corporation shall not par- ticipate in, or intervene in (including the publishing or distributing of . statements), any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these Articles, this corporation shall not carry on any activity not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954, as now en- acted or as hereafter amended, or (b) by a corporation, contributions to -3- which are deductible under.Section 170Cc)(2) of the Internal Revenue Code of 1954, as now-enacted or as hereafter amended. ARTICLE V The period of duration of this corporation shall be perpetual. ARTICLE VI The registered office of this corporation in the State of Min- nesota shall be located at the Edina City Hall, 4801 West 50th Street, Edina, Hennepin County, Minnesota 55424. ARTICLE VII (a) In the event of dissolution of this corporation, and sub- ject always to the limitations contained in Article III hereof, all of its then assets shall be distributed as follows: (i) The.dissolution shall be conducted under Court super - vision if required or permitted under the Statutes of the State of Minnesota, as now enacted or as hereafter amended, and the assets of this corporation shall be distributed in such manner and to or for the benefit of such organizations, causes, or projects as in the judgment of the Court will accomplish the general purposes for which the corporation was organized. (ii) If the dissolution under Court supervision is not e required or permitted under the Statutes of the State of Min- nesota, as now enacted or as hereafter amended, the assets of this corporation shall be distributed to or for the benefit of the City of Edina, Minnesota, or Independent School District Number 273, or both of them, as the Board of Directors of the . corporation shall determine. (b) In the event of dissolution of this corporation, none of its assets will directly or indirectly be transferred to or in any other respect whatsoever inure to or for the benefit of any member, director, or officer of the corporation. ARTICLE VIII The names and addresses of the incorporators, each of whom is a natural person of full age, are: Name Address John W. Brown .816 Title Insurance Building Minneapolis, Minnesota 55402 Warren C. Hyde 4801 West 50th Street Edina, Minnesota. 55424. Ralph H. Lieber .5555 West 70th Street Edina, Minnesota 55435 James Van Valkenburg 2350 IDS Tower Minneapolis, Minnesota 55402 ARTICLE IX (a) The members of this corporation shall consist-solely and ex- clusively of the persons who constitute the directors of this corporation from time to time.. When a person becomes a director of this corporation he shall, concurrently with becoming such a director, automatically become and be a member of this corporation, and when a person ceases to be a dir- ector of this corporation he shall, concurrently with ceasing to be such director, automatically cease to be a member of this corporation. (b) The first Board of Directors of this corporation shall con- sist of seven (7) persons; and the name and address of each of them are: Name Address Term Expires 1978 -5- Name Address Term Expires 1978 -1979 1979 1979 1979 1980 . The term of office of each member of the first Board of Directors shall be until the annual meeting of the members of the corporation in the year in which his or her term expires, as set forth opposite his or her respective name above, and until his or her successor shall have been elected in the manner provided for in the Bylaws of the corporation and shall qualify. (c) The number of directors of this corporation may not be in- creased or diminished by vote of the members or of the Board of Directors of this corporation, but shall at all times remain seven.(7) in number. ARTICLE X Members, directors, and officers of this corporation shall not be personally liable to any extent whatsoever for obligations of this corpora- tion. ARTICLE XI This corporation shall have no capital stock, either authorized or issued. -6- -7- ____ .. _ .r _. _ .. '. -8- BYLAWS OF THE EDINA FOUNDATION ARTICLE I. OFFICES, CORPORATE SEAL Section 1.01. Registered Office. The registered office of the corporation in Minnesota shall be that set forth in the Articles of Incorporation or in the most recent amendment of the Articles of Incorporation or resolution of the directors filed with the Secretary of State of Minnesota changing the registered office. Section 1.02. Other Offices. The corporation may have such other offices, within or without the State of Minnesota, as the directors shall from time to time deter- mine. Section 1.03. Corporate Seal. The corporation shall have no corporate seal. ARTICLE II. MEMBERS AND MEETINGS OF SHAREHOLDERS Section 2.01. Members. The members of the corporation shall consist solely and exclusively of the persons who constitute the directors of the corporation from time to time. When a person becomes a director of the corporation he shall,' concurrently with becoming such a director, automatically become and be a member of the corporation, and when a person ceases to be a director of the corporation he shall, concurrently with ceasing to be such a director, automatically cease to be a member of the corporation. Section 2.02. Property. No member shall have any right, title or 'interest in or to the property of the corporation. Section 2.03. Annual Meetings. The first annual meeting of the members shall be held in June, 1978 on a day designated by the directors. -Each subsequent meeting shall be held in the same month on a date to be designated by the Board of Directors. Section 2.04. Special Meetings. A special meeting of the members for any purpose or purposes, unless otherwise prescribed by statute,-may be called at any time by the President or by the Board of Directors or by any two (2) or more members. Section 2.05. Place of Meeting. Each meeting of the members of the corporation shall be held at any place within or without the State of Minnesota, designated by the directors, and, in the absence of such designation, shall be held at the registered office of the corporation in the State of Minnesota. q y Section 2.06. Notice of Meetings. Except as otherwise provided by statute and in these Bylaws, written notice of each meeting of the members, whether annual or special, shall be given not less than five (5) nor more than thirty (30) days before the day on which the meeting is to be held, to each member by mailing such notice in a postage prepaid envelope addressed to him at his post office address as shown on the books of the corporation. Notice of any meeting of members .shall not be required to be given to any member who shall attend such meeting in person. Notice of any adjourned meeting of the members shall not be required to be given, except where expressly required by law. Section 2.07. Quorum. At each meeting of the members, the presence of four (4) members shall constitute a quorum for the transaction of business, except where a greater number may be required by statute. In the absence of a quorum, a majority of the members present in person, or, in the absence of all the members, any officer entitled to preside or act as Secretary at such meeting, shall have the power to adjourn the meeting from time to time, until the requisite number of members shall be present or represented. At any such adjourned meeting at which a quorum shall be present any business may be transacted which might have been transacted at the meeting as originally called.. -3- Section 2.08. Voting. At each meeting of members, each member present in person shall be entitled to one (1) vote on each matter to be voted upon at the meeting. At all meetings of the members, all matters (except in special cases where other provision may be made by statute or by the Articles of Incorporation of the corporation) shall be decided by a majority of the-votes cast by the members present in person, a quorum being present. Voting shall not be cumulative. Unless demanded by a member present in person at any meeting, the vote on any question need not be by ballot Section 2.09. Proxies. Proxies shall not be allowed or used. ARTICLE III.. BOARD OF DIRECTORS Section 3.01. General Powers. The property, affairs and business of the corporation shall be managed by the Board of Directors. Section 3.02. Number, Qualification and Term of Office. The number of directors shall be seven (7). The successor to the director first named in the Articles of Incorporation whose term expires in 1978, and all subsequent successors, shall be selected by the City Council of the City of Edina, a Minnesota municipal corporation; the successor to the director second named in the Articles of Incorporation whose term expires in*1978, and all subsequent successors, shall be selected by the School Board of Independent School District Number 273, a school district organized under the laws of the State of Minnesota; the . successors to the two directors first named in the Articles' of Incorporation whose terms expire in 1979, and all subsequent successors, shall be selected by the then Mayor of the City of Edina; the successors to the two directors second named in the Articles.of Incorporation whose terms expire in 19.79, and all subsequent successors, shall be ..selected by the then Chairman of the School Board of Inde- .pendent School District Number 273; and the successor to the director named in the Articles of Incorporation whose term expires in.1980, and all subsequent successors,.shall be elected by the membership. Each director named in the Articles.of Incorporation shall hold office until the annual meeting of members held in the year in which his or her term expires as set out in the Articles of Incorporation and until his or her successor shall have been selected or elected and shall have qualified. Thereafter, each director selected or elected shall hold office until the third annual meeting of the members next following his selection or elec- tion and until his successor shall have been elected and shall qualify, or until his death, or until he shall resign, or until he shall have been removed in the manner herein - after provided. -5- Section 3.03. Organization. At each meeting of the Board of Directors, the President of the corporation or, in his absence, a chairman chosen by a majority of the directors present, shall preside. The Secretary of the corporation or, in his absence, any person whom the chairman shall appoint, shall act as secretary of the meeting. . Section`3.04. Resignation. Any director of the corporation may resign at any time by giving written notice to the President or to the Secretary of the corporation. ..The resignation of any director shall take effect at the time specified therein; and, unless otherwise specified ..therein, the acceptance of such resignation shall not be necessary to make it effective. . Section 3.05. Vacancies. Any vacancy in the Board of Directors caused by death, resignation, disquali- fication, removal, or any other cause, shall be filled by the body or person that selected or elected the director who has vacated his or her directorship, and each director so chosen shall hold office for the remaining term of that directorship and until his successor shall be duly elected and qualified, unless sooner displaced. Section 3.06.* Place of Meeting. The Board of Directors may hold its meetings at such place or places, within or without the State of Minnesota, as it may from time to time determine. -6- Section 3.07. Annual Meeting. As soon as practi- -cable after each annual election of directors, and prefer- ably on the same day, the Board of Directors shall meet, at the place where such annual selection and election of directors is held, or at such other place within or without the State of Minnesota as may be designated by the Board of. Directors, for the purpose of electing the officers of the corporation and for the transaction of such other business as shall come before the meeting. Notice of such meeting need not be given if it is held at the place where the annual election of directors is.held, but if such annual meeting of the directors is to be held at any other place,. such other.place shall be specified in a notice given as hereinafter provided for special meetings of the Board of Directors or in a consent and waiver of notice thereof signed by all the directors. Section 3.08. Regular.Meetings. Regular meetings of the Board of Directors shall be held from time to time at. such time and place within or without the State of Minnesota -as the Board may determine by resolution adopted by a majority of the whole Board of Directors. Notice of regular ..meetings need not be given. Section 3.09. Special Meetings; Notice. Special meetings of the Board of Directors shall be held whenever called by the President or by one of the directors. Notice of each such special meeting shall be mailed to each -7- director, addressed to him at his residence or usual place of business, at least two (2) days before the.day on which the meeting is to be held, or be delivered personally or by telephone, not later than one (1) day before the day on which the meeting is to be held. Each such notice shall state the time and place of the meeting, but need not state. the purposes thereof except as otherwise herein expressly provided. Notice of any meeting of the Board need not be given to any director who shall be present at such meeting; and any meeting of the Board shall be a legal meeting without any notice thereof having been given, if all-of the directors of the corporation then in office shall be present thereat. Section 3.10. Quorum and Manner of Acting.. Except as otherwise provided by statute or by these Bylaws, four (4) directors shall.be required to constitute a quorum for the transaction of business at any meeting, and the act of a majority of the directors present at any meeting at _ which a quorum is present shall be the act of the Board of Directors. In the absence of a quorum, a majority of the, directors present may adjourn any meeting from time to time until a quorum be had. Notice of any adjourned meeting. need not be given. Section 3.11. Removal of Directors. Any director may be removed, either with or without cause, at any time, by the body or person that selected or elected such -8- director, and if' elected by the members, removal-shall be by a. vote of a majority of the members of the corporation at a. special meeting of the members.called for the purpose; and the vacancy in the Board of Directors caused by any such' removal shall be filled in the manner specified in Section •3.-05 hereof. Section 3.12. Proxies. Proxies shall not be allowed or used. ARTICLE IV. OFFICERS Section 4.01. Number. The officers of the corporation shall be a President, a Secretary, a Treasurer, and, if the Board shall so elect, one (1) or more Vice - Presidents and such other officers as may be appointed by the Board of Directors. Any two (2) or more offices, except those of President and Vice President., may be by the same person. Section 4.02. Election, .Term of Office and Quali- fications. The President shall be the director elected by the members of the Corporation. All other officers shall be elected annually by the Board of Directors, and, except in the case of officers appointed in .accordance with the provisions of Section 4.10, each shall hold office until the next annual election of officers and until his successor -9- shall have been duly elected and qualified, or until his death; or until he shall resign, or until he shall have been removed in the manner hereinafter provided. Officers shall be directors. Section 4.03. - Resignations. Any officer may resign at any time by giving written notice of his resignation to the Board of Directors, to the President or to the Secretary of the corporation. Any such resignation shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 4.04. Removal. Any officer may be removed, either with or without cause, by a-vote of the Board of Directors at a meeting called for the purpose, and such purpose shall be stated in the notice or waiver of notice of such meeting unless all the directors of the corporation shall be present thereat. Section 4.05. Vacancies. A vacancy in any office because of death, resignation, removal or any other cause shall be filled for the unexpired portion of the term in the' manner prescribed in these Bylaws for election or .appointment to such office. Section 4.06. President. The President shall be the chief executive officer of.the corporation and shall % A have general active management of the business of the corporation. He shall, when present, preside at all meetings of the members and directors. He shall see that all orders and resolutions of the Board of Directors are carried into effect. He may execute and deliver in the name of the corporation any deeds, mortgages, bonds, contracts'or- other instruments pertaining to the business of the corporation, including, without limitation, any instruments necessary or appropriate to enable the corporation to donate income or principal of the corporation to or for the account of such organizations, causes, and projects described in the Articles of Incorporation of the corporation as the corporation was organized to support, and, in general, shall perform all duties usually incident to the office of the President. He shall have such other duties as may from time to time be prescribed by the Board of Directors. Section 4607. Vice President.. Each Vice President, if any shall be elected by the Board of Directors, shall have such powers and shall perform such duties as may be specified in the Bylaws or prescribed by the Board of Directors or by the President. In the event of absence or disability of the President, Vice Presidents shall succeed to his power and duties in the order desig- nated by the Board of Directors. Section 4.08. Secretar . The Secretary shall be Secretary of, and when present, shall record proceedings of -11-- i meetings of the members and Board of Directors. He shall when directed to do so, give proper notice of meetings of members and directors. He shall perform such other duties as may from time to time be prescribed by the Board of. Directors or by the President and, in general, shall perform all duties incident to the office of the Secretary. Section 4.09. Treasurer. The Treasurer shall keep accurate accounts of all moneys of the corporation received or disbursed. He shall deposit all moneys, drafts and checks in the name of, and to the credit of, the corporation in such banks and depositaries as a majority of the whole Board of Directors shall from time to time designate. He shall have power to endorse for deposit all notes, checks and drafts received by the corporation. He shall disburse the funds of the corporation as ordered by the Board of Directors, making proper vouchers therefor. He shall render to the President and the directors, whenever required, an account of all his transactions as Treasurer and of the financial condition of the corporation, and shall perform such other duties as may-from time to time be ' prescribed by the Board of Directors or by the President, and, in general, shall perform all duties incident to the office of the Treasurer. Section 4.10. Other Officers. The corporation may have such other officers and agents as may be deemed -12 necessary by the Board of Directors, who shall be appointed in such manner, have such duties and hold their offices for such terms as may be determined by resolution of the Board of Directors. ARTICLE V BOOKS OF RECORDS, AUDIT, FISCAL YEAR Section 5.01. Books and Records. The Board of Directors of the corporation shall cause to be kept: (1) records of all proceedings of members and directors; and (2) such other records and books of account as shall be necessary and appropriate to the conduct of the corporate business. Section 5.02. Documents Ke twat Registered Office. The Board of Directors shall cause to be kept at the registered office of the corporation originals or copies of (1) records of all proceedings of members. and directors; and _(2) Articles of Incorporation and Bylaws of the corporation and all amendments thereto. Section 5.03. Audit. The Board of Directors shall cause the records and books of account of the corpo- ration to be audited at least once in each fiscal year and at such other times as it may deem necessary or appropriate. -13- ' Section 5.04. Fiscal Year.. The fiscal year of the corporation shall end on June 30 of each year. ARTICLE VI. WAIVER OF NOTICE Whenever any notice whatsoever is required to be given by these Bylaws or the Articles of Incorporation of the corporation or any of the corporate laws of the State of Minnesota, such notice may be waived in writing, signed by the person or persons entitled to said notice, whether before,.at or after the time stated therein or before,'at or after the meeting. ARTICLE VII. AUTHORIZATION WITHOUT A MEETING Any action that may be taken at a meeting of the - members may be taken without a meeting when authorized in writing and signed by all the members who are entitled to notice of the meeting for such purpose. Any action that may be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing signed by all of the directors. - ARTICLE VIII. ADVISORY BOARDS AND COMMITTEES The Board of Directors may create such advisory boards and committees, on such terms, of such membership, -14- for such purposes, and with such duties, as the directors from time to time shall determine necessary or desirable. ARTICLE IX. Indemnification The corporation shall indemnify such persons, for - such expenses and liabilities, in such manner, under such circumstances, and to such extent as permitted by Section 317.16, Subdivision.2(14), of the Minnesota'Statutes, as now enacted or hereafter amended. ARTICLE X. Amendments These Bylaws may be amended at any time and from time to time in any manner prescribed or permitted by Minnesota Statutes, Section 317.15, Subdivision 2, and Section 317.27, Subdivisions 2, 3, and 4. -15- r r~ L, THE EDINA FOUNDATION ACTION OF FIRST BOARD OF DIRECTORS BY UNANIMOUS WRITTEN CONSENT The undersigned, being all of the directors named in the Articles of Incorporation of The Edina Foundation, a Minnesota nonprofit corporation, do hereby consent to the adoption of the following resolutions and instruct the Secretary of the corporation to file this instrument with the minutes of the corporation. I. RESOLVED, that the Bylaws distributed to the directors be, and the same are hereby, adopted as the Bylaws of this corporation, and the Secretary -is.hereby ordered to mark them for identification and file them with the records of the corporation. II. RESOLVED, that the following persons be, and they are hereby, elected to hold the offices set opposite their respective names below until their successors shall be elected and shall qualify: President Vice. - President Secretary Treasurer III. BYLAWS OFFICERS RESOLVED, that the officers of this corporation, and SUPPLIES, each of them, be, and they are hereby, authorized and ETC& directed, for and on behalf of the corporation and in its corporate name and with its funds, and in furtherance of the purposes stated in the Articles of Incorporation, to purchase such suitable minute books, account books, stationery, supplies, and similar items, and to make such disbursements for ordinary operating expenses, and otherwise, as may now or hereafter be required to record and to trans- act the business-of the corporation; and such purchases and disbursements as may have been made and such expenses as may have been incurred, prior to the effective date of this Writing, for and on behalf of the corporation and in its corporate name, in connection with the foregoing and with incorporating the corporation, be, and the same hereby are, expressly approved. ,'. IV. RESOLVED, that the officers of this corporation, and TAX STATUS each of them, be, and they are hereby, authorized and directed to cause to be prepared and filed in the appro- priate offices of the Internal Revenue Service and the Minnesota Department of Taxation all forms and documents necessary or appropriate to enable this corporation both to apply for determinations that it is exempt from fed -. eral and Minnesota income taxes and to comply with ap- plicable registration requirements. Effective date: , 1977. -2- MEMORANDUM f TO: Warren C. Hyde, City Manager. FROM: Gordon L. Hughes, Environmental Planner DATE: March 21, 1977 In its 1976 Community Development Block Grant Application, the City budgeted $5,005 for the purchase of shade tree nursery stock. This stock would be placed in the City nursery, grown to an adequate size, and then transplanted to boulevards and parks to offset losses due to Dutch elm disease and oak wilt. Staff asked five dealers to submit quotations for six species of shade trees having a size class of 1 " -1 1/4" (attached letter). Apparently, due to the short supply of shade tree stock, only two dealers, Bailey Nurseries, Inc., and Natural Green, Inc -, have submitted quotations. Bailey Nurseries is unable to supply one species requested by staff, i.e. Redmond Linden (see attached quotation). Also, it cannot supply some of the remaining five species in the size class requested by staff. Natural Green, Inc., is able to supply all species in the size class requested by staff. (see attached letter) In analyzing the two quotations, it is apparent that Bailey can supply some individual species at a lower cost that Natural Green. For example, Bailey can supply Schwedler Norway Maple for $3.30 /tree less than Natural Green and Marshall Seedless Ash for $.70 /tree less. However, in comparing the five species that both dealers can supply, it can be seen that Natural Green can provide these species fora total cost of $4,135.00 as compared to $4,400.00 as quoted by Bailey. In addition, Natural Green can supply the sixth species requested for an additional $645.00. It is staff's understanding that both nurseries quoted their prices based on a total order of 400 trees (350 trees in Bailey's quote). Thus, if the orders were split between the two dealers (e.g. Marshall Seedless Ash and Schwedler Norway Maple from Bailey and the remaining stock from Natural Green), it is likely that both dealers would request to re -quote the items based on a smaller order. Staff recommends purchase from Natural Green, Inc., for $4,780.00 in that: 1. Natural Green, Inc., can supply the order specified by staff. .2. Staff requested all dealers to quote on the basis of a total order of 400 trees. 3. As compared to Bailey Nurseries, Inc., Natural Green, Inc., can provide the five species noted by both dealers for a lower overall price. GLH:nr cc: Mayor and City Council City"'o of G'7' IF �� dz'2-�- ca c- -- 4001 WEST FIFTIETH STREET • EDINA, MINNESOTA 07424 927.8861 February 16, 1977 Dear Sir: We would appreciate a price quotation for the following shade tree stock: QYantit Species Size Class 100 Jade Glen Norway Maple in - lid" ' 50 Schwedler Norway Maple 1" - 1411 .50 Marshall Seedless Ash 1" -,1481 100 Skyline Honeylocust in - 14" 50 Little -leaf Linden 1" - lea" 50 Redmond Linden in - lea" General Information 1. All stock should be bare root. 2. All prices should include delivery to Braemar Park (County Road 18 and I -494). 3. All stock should be scheduled for spring, 1977, delivery.with a final acceptable delivery date of June 10, 1977. 4. Please submit quotations by March 15, 1977. 5. The City of Edina is exempt from State sales tax. Please contact me if you require further information. Thank you. Sincerel Gordon L. Hughes Environmental Planner GH :nr wl�_. Page No. of Pages Ulu a�MPaO " LANDSCAPE CONTRACTORS " reen inc. • design ► • construction • planting Post Office Box 1104 • Minnetonka, Minnesota 55343 • 933-8686 PROPOSAL SUBMITTED TO PHONE DATE City- of Edina- 2- - TR SEET JOB NAME 4801 West Fiftieth Street CrN. STATE AND ZIP CODE JOB LOCATION Edina, Tlinnesota 55424 ARCHITECT DATE OF PLANS JOB PHONE We hereby, submit specifications and estimates for. Quantitj Species Sale Price Size Ext 100 Jade Glen Norway T.iaple - 9.95 _ 1 " -1_ 995.00 - 50 �- ��-- Schwedler Norway Maple� 13.30_ 665.00 50 �i Tiarshall Seedless Ash _ - _ 970 1 " -14" 485.00 100 Skyline Honeylocust - 13.25 - _ 1325.00 ---- -- 50 Little -leaf Linden 13.30 665.00 _ 50 Redmond Linden 12.90_ -_ --._ _._i " -1 645.00 Up Fropoor hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Four Thousand Seven Hundred and Eighty- ty dollars ($ 4780,00 Y Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike Authorized ' manner according to standard practices. Any alteration or deviation from above specifica- g tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents Note: This proposal may be / or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. withdrawn b if not accepted withinD Our workers are fully covered by Workmen's Compensation Insurance. y us acce p days. / Arreptanre of ; rlipasal —The above prices, specifications Sienature PHONE Area 612 459.9744 • -,aMv • I Sri MEMBER OF A M E R I C A N ASSOCIATION of NURSERYMEN E X C L U S I V E L Y February 22, 1977 • GORDON BAILEY, Pres. RODNEY BAILEY, Vice -Pros. • GORDON J. BAILEY, Sec. -Treas. • BAILEY NU SERIES, INC. ESTABLISHED 1007 1325 BAILEY ROAD ST. PAUL, MINN. 55119 Ci ty of Edina 4801 West 50th Street Edina, VET 55424 Attention: Gordon L. Hughes Dear Mr. Hughes: We are happy to quote the following list of stock subject to prior sale for delivery whenever you would call for it in the. spring of 1977: 100 Jade Glen Norway Maple 11,- - 1 3/4" $ 13.00 50 Schwedler Norway Maple 8/10' 10.00 50 Marshall's Seedless.-Ash 1 1/4 - hZ" 9.00 100 Skyline Honeylocust 8/10' Branched 13.50 50 Little -leaf Liliden Cordata 1? -1 3/4" • 16.00 Very truly yours Clifford Ecklund Sales Manager BAILEYY -LIURS RIES, INC. CE /am MEMO TO: Mr. Warren C. Hyde, City Manager FROM Mr. Ken Rosland, Director - Park and Recreation. SUBJECT: PURCHASE OF FERTILIZER FOR GOLF COURSE DATE: March 9, 1977 We have received two quotes regarding purchase of I.B.D.U. Fertilizer. Turf Supply Company quotes, $3,344.00 for .7 Tons of fertilizer. Albrecht Landscape quotes $3,508.00 for 7 Tons of fertilizer. Recommend Turf Supply Company for the purchase of the fertilizer at the low quote. t. K. . _On-Sale Beer License Applications Braemar Golf Course The Brothers Edina American Legion Post 471 Edina Country Club The Empress Restaurant Gus Young's Biltmore Lanes Interlachen Country Club Jake's Pizza of Edina, Inc. Le Bistro, Inc. Normandale Golf, Inc: Rigotto's Pizza Southdale Bowl Club Sunday Liquor Licenses Edina Country Club Interlachen Country Club wad ._........ .- Off-Sale Beer License Applications Applebaums' Food Market Byerly Foods of Edina, Inc. Dennison's Dairy Store Edina Superette, Inc. Jake's Pizza of Edina, Inc. Jerry's Foods Kennyls Market Q Superette Red Owl Stores, Inc. SuperAmerica 4047 RESOLUTION APPROVING FLNDELL SECOND ADDITION BE IT ",SOLVLij by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Findell Second Additions, platted by Roger C. Findell and JoAnn Findell, husband and wife, and by Clifford A. Findell and Lather F. Findell, husband and wife, and presented at the 4dina City Council Meeting of March 21, 1977, be and is hereby granted final plat approval. ADUPTL.i tiuia 218t uay bf March, 1977. STATc OF HIi4lii SOTA ) couitTY Or dEN14 PIN SS CITY OF LDIHA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do nereby certify that the attached and foregoing resolution was duly adopted by the rdina City Council at its Regular Meeting of March 21, 1977, and as recorded in the minutes of said Regular Meeting. WITNESS my hand and seal of said City this 23rd day of Plarca, 1977. City Clerk February 25, 1977 TO: City Manager and City Council FROM: Robert C. Dunn SUBJECT: Senior Citizen Special Assessment Deferment Guidelines A group consisting of J. Dalen, L. Nye, K. Swanson and myself has met twice to consider subject. We reviewed information supplied by the League of Minnesota Municipalities indicating how nine municipalities are handling deferments. We suggest the following guidelines for the City of Edina: 1. Sixty -five (65) or older per State law. ' 2. ear held. 3. $15,000 maximum income per ',•�innesota Circuit Breaker definition of income. 4. First year installment of new assessment would cause special assessment total for next calendar year to exceed 2% of income. 5. Interest on deferred portion 1% more than current p s^ rats on assessments . (, 6. Application to be on standard form supplied by County. o- a-•- -. 7. Applicant need not make personal appearance before City Council for approval of deferment. 8. City Assessor's office will receive and process applications and handle recording process with Register of Deeds office. 9. When notices of assessment hearings are mailed out, a statement explaining deferment policy will be sent along. Notices will be sent out thirty (30) days before hearing instea off--two weeks. Application for deferment must be made to City Assessor's office by 4:30 p.m. of the last working day before the day of the assessment hearing. 4 , " Y 10. When deferment is granted, notation will be made on assessment card for property and will be reported when searches are requested.. Robert C. Dunn, P.E. Director of Public Works and City Engineer RCD /ds cc: J. Dalen L. Nye K. Swanson T. Erickson -2- � . 4 Pt♦ 1A•� /a b c:'�4•T State of Minne-sota HOUSE OF REPRESENTATIVES MARTIN OLAV SABO. SDeaker Mayor James Van Valkenburg City of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 Dear Jim: COMMITTEES. APPROPRIATIONS CRIME PREVENTION AND CORRECTIONS HEALTH AND WELFARE LABOR-MANAGEMENT RELATIONS March 11, 1977 Senate File 103 does not have a companion file as yet in the House. I did get a copy of the Senate File and after reading it, I agree that it is a bit vague in several areas. It may be that they are driving at improvements in the area of cancellation or energy conservation in some way. -In any case, it is my guess that that bill would have very heavy sledding and probably would never even be heard in the House. ° I will keep an eye out for it and will let you know if there is any need for additional lobbying. MMF /amg Sjjn�cere1y 9 Mary M. �sythe State Re r sentative NOT PRINTED AT GOVERNMENT EXPENSE EDINA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT 273 5555 WEST 70TH STREET • EOINA, MINNESOTA 55435 • 612 -944 -3613 March 8, 1977 Mr. James Van Valkenburg Mayor, City of Edina 4801 West 50 Street Edina, Minnesota 55424 Dear Jim: You asked that I keep you specifically informed on legislation that we could mutu- ally work for or against. In this regard I would like to draw your attention and that of your Council to Senator Jerald Anderson's school reorganization bill, S.F. 156. I won't bore you with the negative features dealing with education. Just allow me to present a few financial features. His bill would create one school district bound on the west by Minnetonka, on the east by Richfield, the north by Hopkins (exclusive of St. Louis Park), and on the south by Bloomington. Our residents would assume a portion of the indebtedness of these other school districts. We would assure a portion of Bloomington's educational bonded indebtedness. If Eden Prairie passes a bond referendum to build a new senior high school, we will assume a portion of that debt. Further, in this new reorganized district, a new salary schedule would be negotiated. Negotiation practices being what they are, I feel reasonably assured that the highest existing schedule would be the standard, there- by increasing substantially the-cost to operate the schools in this new school district. Dakota County, for example, has projected an increased cost in staff salaries alone on an annual basis exceeding a million and a half dollars. Trans- portation costs would rise substantially; these coats would be borne by all people in the State. This is a poor bill for consolidation, and I urge that the Council take a position in opposition to it. There are better alternatives. Thank you, Jim, and thanks to Warren and the Council for any support that can be given. RRL: sl of Schools cc: Mr. Warren Hyde DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY JOHN W WINDHORST ROBERT J STRUYN HENRY HALLADAY MICHAEL A OLSON JUI -E HANNAF0RD LARRY W JOHNSON ARTH :�� B WHITNEY THOMAS 5 HAY RUS SL,L W. LINDOUIST G. LARRY GRIFFITH DAVID R BRINK CRAIG A. BECK HORACE E. HITCH DAVID L. MCCUSKEY VIRGII. H HILL THOMAS 0 MOE RDBEPT V TARBOX JAMES H. 0HAGAN RDBERTJ.JOHNSON JOHN M. MASON MAYNARD B. HASSELOUIST MICHAEL W. WRIGHT PETER DORSEY LARRY L VICKREY GEORGE P. FLANNERY LOREN R, KNOTT CURTIS L. ROY PHILLIP H MARTIN ART HUH E WEISBERG REESE C. JOHNSON DUANE E. JOSEPH CHARLES J. HAUENSTEIN JAMES D VESSEY CHARLES A. GEER WILLIAM A WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWARTZBAUER JOHN R. WICKS THOMAS M. BROWN EUGENE L. JOHNSON CORN EL I US D. MAHONEY. JR, JOHN W. WINDHORST.JR. WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S ERICKSON WILLIAM R. SOTH MICHAEL E BRESS RICHARD G. SWANSON RAYMOND A REISTER FAITH L.OHMAN JOHN J TAYLOR DAVID A. RANHEIM BERNARD G. HEINZEN ROBERT J SILVERMAN WILLIAM J. HEMPEL THOMAS R, MANTHEY JOHN S. HIBBS WILLIAM R. HIBBS ROBERT 0 FLOTTEN PHILIP F, SOELTER JOHN 0 LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 CABLE: OOROW TELEX: 29 -0605 TELECOPIER:(612) 340 -2868 1468 W -FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 56101 (612) 227 -8017 Mr. Warren C. Hyde Edina City Manager 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Hyde: 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288-3156 March 14, 1977 Re: Senior Citizen Special Assessment Deferments ROBERT A HEIBERG ROBERT L HOBOINS JOHN D KIRBY BARRY 0 GLAZER ROB CRT A SCHWARTZBAUBR PETER 5 HENORI %SON DAVID N. FRONEN NICK R HAY THOMAS W'TINKHAM IRVING WEISER JON F TUTTLE STEPHEN E GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A. JOHN STONE KENNETH L CUTLER STEVEN K, CHAMPLIN DAVID M.OUINLAN MICHAEL J RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M JOHNSON JOHN P. VITKO THOMAS W FINN DON D. CARLSON JAY L BENNETT PAUL J SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B, VAN DYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A. FLADER J. DAVID JACKSON DAVID L BOEHNEN W. CHARLES LANTZ WILLIAM E MARTIN DOUGLAS E. RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE, JR J MAROUIS EASTWOOD ROBERT A. BURNS EDWARD J. PLUIMER MICHEL A. L.FOND KENNETH W. ERICKSON ROGER J MAGNUSON OWEN C. MARX J ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F MAROUART DENNIS P BURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT L. VANFOSSEN I enclose a proposed resolution for adoption by the City Council, implementing the standards and guidelines worked out by you and your staff relative to the senior citizen assess- ment deferrals. I understand this matter is to be on the Council agenda for March 21,, 1977. If, after review, you wish to have any changes made, please advise. If the Council decides to adopt the resolution, then, in addition, other changes must be made in various assessment documents of the City. They are: 1. The notice of hearing on proposed special assessments. This notice, by statute, must also "inform property owners of the provisions of Sections 435.193 to 435.195 and the existence of any deferment procedure established pursuant thereto . . . ." Therefore, I recommend that there be added, as a last paragraph, to the notice of hearing on proposed special assessments, the following: 11Pursuant.to Minnesota Statutes, the City of Edina has adopted standards and guidelines for deferring special assessments against homestead prop- erty owned by persons 65 years of age or older for whom payment would be a hardship. To obtain deferment, application must be filed with the City Assessor's office by the close of business on the last business day before the City Council meeting set out in the first DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY Mr. Warren C. Hyde Page 2 paragraph of this notice. For and application forms, please Assessor's office." March 14, 1977 further information, call or visit the City 2. The City Council resolution adopting and confirming special assessments. I suggest that there be added to the Clerk's standard form of resolution adopting and confirming special assessments, a new paragraph 5 (the present paragraphs 5 and 6 then being renumbered 6 and 7, respectively) as follows: "5. The assessments hereby made.against the following parcels are hereby deferred, pursuant to Minnesota Statutes, Sections 435.193 to 435.195, inclusive, and the resolution of the Edina City Council dated , 1977, until the deferment is terminated pursuant to Minnesota Statutes, Section 435.195, with interest on the de- ferred assessments,from the date hereof, at the rate of 1% over the rate of interest set out in paragraph 4 hereof." (Note to Clerk: The interest rate may not exceed the maximum established by law, which is presently 80.] I further recommend that paragraph 6 (formerly para- graph 5) have added to it the following sentence: "Also, the City Assessor shall deliver to the County Auditor such applications and authorizations as are required by the County to effectuate the deferments made pursuant to paragraph 5 hereof, and to evidence those deferments of record so as'to give constructive notice of the assessments and their deferment." I also suggest that paragraph 4 of the resolution be amended by adding,at the beginning of paragraph 4, the phrase, "Except as to those parcels designated in paragraph 5 below . . . ." 3. The special assessment search form. I recommend that there be added to the special assessment search form, as the next -to -last paragraph, the following: DORSEY, WINDHORST, HANFAFORD, WHITNEY a HALLADAY Mr. Warren C. Hyde Page 3 March 14, 1977 "I further certify that according to the records of said office, the following assessments have been levied but deferred, pursuant to Minnesota Statutes, Sections 43.5.193 to 435.195, inclusive, and the City Council resolution of IF 1977:" [A spece will then be left for insertion of information on deferred assessments.] 4. The special assessment worksheet. I recommend that there be added to the worksheet, at the end thereof, but prior to the present statements about interest, additional lines for deferred assessment categories, with a heading as follows: "Improvements for which assessments have been deferred until terminated pursuant to Minnesota Statutes, Section 435.195:" If you have any questions concerning my recommendations as to these other forms, please let me know. Very truly yours, TSE /abc Thomas S. Erickson Enclosure cc: Mr. J. N. Dalen Mr. Robert C. Dunn ---� Ms. Florence B. Hallberg Mr. Kent Swanson DORSEY, WINDHORsT, HANNAFORD, WHITNEY 8L HALLADAY JOHN W. WINDHORST ROBERT J. STRUM HENRY MALLADAY MICHAEL A OLSON JULE HANNAFORD LARRY W JOHNSON ARTHUR B. WHITNEY THOMAS S. HAY RUSSELL W. LINOOUIST G LARRY GRIFFITH DAVID R. BRINK CRAIG A BECK HORACE E HITCH DAVID L MCCUSKEY VIRGIL H, HILL THOMAS O. MOE ROBERT V. TARBOX JAMES N. OTUGAN ROBERT J. JOHNSON JOHN K HASON MAYNARD B. HASSELOUIST MICHAEL W. WRIGHT PETER DORSEY LARRY L. VICKRET GEORGE P. FLANNERY LOREN R. KNOTT CURTIS L. ROY PHILLIP H. MARTIN ARTHUR E. WEISBERG REESE C. JOHNSON DUANE E JOSEPH CHARLES J. HAUENSTEIN JAMES B. VESSEY CHARLES A GEER WILLIAM A WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWARTZBAUER JOHN FL WICKS THOMAS M. BROWN EUGENE L. JOHNSON CORNELIUS D. MAHONEY. JR JOHN W WINDHORST. JR. WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E. DRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH LOHMAN JOHN J. TAYLOR DAVID A RANHEIM BERNARD G. HEINZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S. HIBBS WILLIAM R. HIBBS ROBERT O. ROTTEN PHILIP F. BOELTER JOHN D. LEVINE WILLIAM IL PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA SS402 (612) 340 -2800 CABLE: DOROW TELEX: 29 -0605 TELECOPIER:(612) 340 -2866 1468 W -FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 65101 (612) 227 -8017 Mr. Robert C. Dunn Edina City Engineer 4801 West 50th.) Street Edina, Minnesota 55424 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288 -3156 March 14, 1977 ROBERT A HEIBERG ROBERT L HOBBINS JOHN D. KIRBY BARRY D. GLAZER ROBERT A SCHWARTZ BAYER PETERS NENDRIXSON DAVID N. FRONEN NICK R NAY THOMAS W. TINKMAN IRVING WEISER JON F. TUTTLE STEPHEN EGOTTSCHALK EMERY W. BARTLE THOMAS W ELKINS WILLIAM A JOHNSTONE KENNETH L CUTLER STEVEN K. CHAMPLIN DAVID KOUINLAN MICHAEL J. RADMER JAMES R PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P. VITKO THOMAS W FINN DON D CARLSON JAY L BENNETT PAUL J. SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B. VAN DYK KENNETH A IVERSON STUART R. HEMPHILL JAMES A FLADER J. DAVID JACKSON DAVID L BOEHNEN W. CHARLES LANTZ WILLIAM E, MARTIN DOUGLAS E RAY FRANK N. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE, JR. AMAROUIS EASTWOOD ROBERT A BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARX J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M- REIN OF COUNSEL CHARLES L POTUZNIR DONALD WEST VERLANE L ENDORF WALDO F. 14AROUART DENNIS P. BURATTI GEORGE E ANDERSON GEORGEANN DECKER ROBERT L VANFOSSEN Re: Notice of Improvement Hearings Dear Bob: In connection with the work I have done on the senior citizen assessment deferrals, I reviewed.also the improvement hearing notices sent out by your office. By statute, one of the items of information to be included in the improvement notices is the "area proposed to be assessed." Your notices do not use those words as such, although they do recite that the receipt.of the notice is an indication that the property owned by the recipient is "con- sidered to be benefited." I suggest, to more clearly conform to the requirements of the ordinance, that your notices include a statement such as the following: "The area proposed to be assessed for this project is . . . .11 You can then insert a description of the area proposed to be assessed, whether it be all properties bordering upon a certain street or all properties lying within the area shown on the at- tached drawing (used by you, I believe, in connection with storm sewer projects). I would also suggest that you add at the end of the sentence presently in your notices to the effect that receipt of the notice is an indication that the property whose ownership is listed to the recipient is considered to be benefited, a further statement that, "and is proposed.to be assessed for this project." DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY Mr. Robert C. Dunn Page 2 March 14, 1977 If you have any questions concerning this recommenda- tion, please advise. TSE /abc cc: Mr. Warren C. Hyde Very truly yours, Thomas S. Erickson N~ OFFICE MEMO - March 2, 1977 TO: Tom Erickson, City Attorney FROM: Bob Dunn, Acting City Manager SUBJECT: Senior Citizen Special Assessment Deferments At its meeting on February 28, 1977, the City Council Approved the following guide lines for subject and authorized you to prepare necessary resolution(s) to implement same. Please do so in time for the March 21, 1977, meeting. 1. Sixty -five (65) or older per State law. 2. $15,000 maximum income per Minnesota Circuit Breaker definition of income.. 3. First year installment of new assessment would cause special assessment total for next calendar year to exceed 2% of income. 4. Interest on deferred portion. 1% more than current rate on assessments, not to exceed maximum allowed by law. 5. Application to be on standard forms supplied by County and City: 6. Applicant need not make personal appearance before City Council for approval of deferment. 7. City Assessor's office will receive and process applications and handle recording process with Register of Deeds office. 8. When notices of assessment hearings are mailed out, a statement explaining deferment policy will be sent I Tom Erickson Senior Citizen Page 2 Special Assessment Deferments along. Notices will be sent out thirty (30) days before hearing instead of two weeks. Application for deferment must be made to City Assessor's office by 4:30 p.m. of the last working day before the day of the assessment hearing. 9. When deferment is granted, notation will be made on assessment card for property and will be reported when searches are requested. Robert C. Dunn, P.E. Director of Public Works and City Engineer cc: W. Hyde J. Dalen Hallberg L. Nye K. Swanson r r �Dv✓ I�l�C•CC 4:0 �rz -.� 1. _. __.. _. _ / _ .. -� - - -- -.. ._. _ . -- -� •- � � 4�-•�i Y� • 1 -OCr ... - .� r _. Al j a J RESOLUTION BE IT RESOLVED that the City of Edina enter into an agreement with the State of Minnesota, Department of Transportation, for the following pur- poses, to wit: To remove the existing signal and to provide a new traffic control signal and street lights on the Trunk Highway No. 100 Ramps at West 70th Street in accordance with the terms and conditions set forth and contained in Agreement No. 58438, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Hennepin City of Edina I hereby certify that the foregoing Resolution is a true and cor- rect copy of resolution presented to and adopted by the Council of the City of Edina t a duly authorized meeting thereof held on the day of �)11u1e___f_ , 1977, as shown by the minutes of said meeting in my possession. City Clerk ( :;eal) Fed. Proj. TQM 5402 (9) � R E S 0 L U T I 0 V At a (regular) (special) meeting of the City Cauncil of the City City of F�iio" :duly held on tE:e day of , lg the follo;,;i :ir, Resolution was offere -i by L 1 ►- seconjei by !� to wit: UEA':, the Commissioner of the , epartment of Transportation for the 'Mate of Minnesota has cauae:i to be prepared: plans, special provisions ani specifications for the improvement of Trunk Iighway No. 130 , renumbered as Trunk Highway No. 100 _, within the corporate limits of the City of Edina from)OMx West 74th Street to Valley View Road in Edina to =a ni 1 ?WREAE, said plans are on file in the Office of the 'Jcpartment of Transportation, St. Paul, innesota; beinr, marker, labeled anQ' identified as: S.P. 2733- 61- 66- 67 -69- 70 -71 & 73 (100 =130) and, 14NEREAS, said special provisions are on file in the Office of the - ,epartnent of Transportation, St. PRul, Minnesota; being marked, labele:s and identified an; S.P. X2733 - 61- 66- 67- 69 -70 -71 & 73 (100 =130) , anti which, together with, the `innesota uepartment of !!ignways Standard Specifications for Fii;hway Construction, gated January 1, 1972, as amended by Iinnesota. Department of Irighwaya Supplemental Specifications for Mghway Construction, date, April 1, 1 °76, will govern, and which are on file in the Office of the Commissioner of :department of Transportation, constitute the specifications for said improvement of Trunk Highway r!o. 130 , rer7umbereci Rs Trunk Highway ':o. 10� ; anu, •.JiER'A;, cupies of said plans an--I special provisions as so marked, labeled and identified are also on file in the Office of the City Clerk; and, WI RCA;, the term, said plains anti s;.)ecial provisions, as hereinafter uss;i in the body of this Resolution will be deepied aru3 intended to mean, refer to and in- corporate the plans and special provisions in the foregoing recitals particularly identified ana described; ana, WMERE4S, the Commissioner of the Department of Transportation Je sires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Edina on saiu Trunk Highway No. 130 renu•rbored as Trunk Highway No. 100 will be parallel with the curb adjacent to the highway and will be at least 2C feet from any crosswalk. Page 1 of 2 Pages. NO!I, THEN, 3E IT RESCLVEJ that said plans and special provisions for the improve- ment of Trunk Highway t'o. 130 renumbered as Trunk Highway "!o. 100 , within the corporate limits of the City of Edina , be and hereby are approved. 3E IT FURTHER RESOLVEU that the City of Edina does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 130 , renumbered Trunk Highway Ab, 100 , will be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. BE IT FURTHER RESOLVE that the elevations and grades as shown in said plans and special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of Trunk Highway No. 130 , I renumbered Trunk Highway No. 100 , in accordance with said plans and special provisions. SEAL Upon the call of the roll, the following I7� voted in favor of the Resolution:�� and, the following voted against the adoption of the Resolution: whereupon the mayor and /or the presiding off' 'er � luti n adopted. Dated: �L/ , 1927 , 'L%L� Attest STATE CF t!INWESOTA ) COUNTY OF Hennepin ) ss. CITY OF Edina ) I do hereby certify that at a (reqular) (Special) meeting (of which due and legal notice was given) of the City Council of the City of Edina , Ninnesota, on the -)-( o-J- day of ') 1 ,,J- , 19 7 7 ; at which a majority of the members of said Council were present, the foregoing Resolution was adopted. Given under my hand and seal this - 4J' day of -Ih a--e -Z , 19 7-7, � 1� City ark Feet t rom any uru. bOwaxn Page 2 of 2 Pages. Page 1 of 2 Pages. / 58308 '/ ' orm 2123 2A CITY OF EDINA JRESOLUTION BE IT RESOLVED that the City enter into an agreement with the State of Minnesota, Department of Highways for the following purposes, to -wit: to provide for payment by the City of Edina to the State of the City's cost shares of the construction of certain storm sewer facilities, con• crete walk, concrete curb and gutter, concrete curb and concrete drive. way pavement to be performed by the State under contract upon, along and adjacent to Trunk Highway No. 100 between West 74th Street and County State Aid Highway No. 62 within the corporate City limits in accordance with State plans, specifications and special provisions designated as State Project No. 2733 -61 (T.H. 10030). In addition, this agreement provides for the State to turnback to the City frontage roads, a portion of city street and a sedimentation pond adjacent to said city street at such time as the State's improvement construction on Trunk Highway No. 100 will permit such turnback. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they hereby are authorized to execute such agreement. (Cooperative Construction and Turnback Agreement No. 58308) CERTIFICATION State of Minnesota County of Hennepin City of Edina I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the C6uncil of the City of Edina at a duly authorized meeting thereof held on the day of -1)-) as shown by the minutes of said meeting in my possession. City Clerk CITY OF EDINA b RESOLUTION ✓' BE IT RESOLVED that the City enter into an agreement with the State of Minnesota, Department of Highways for the following purposes, to -wit: To provide for payment by the City of Edina to the State of the cost • of relocating the City's utilities, to be performed by the State, under contract, within the corporate City limits in accordance with State plans, specifications and special provisions designated as State Project No. 2733 -61 (T.H. 100 =130) and Agency and 'Utility Relocation Agreement No. 58177 BE IT FURTHER RESOI,VE'D that the (President) (Mayor) and Clerk be and they hereby are authorized to execute such Agency and Utility Relocation Agreement No. 58177 CERTIFICATION State of MinLesota County of Hennenin . City of Edina (SEAL) I hereby certify that the foregoing Resolution is a true and correct copy of resolution presented to and adopted by the Council of the City of at a duly authorized meeting thereof held on the i day of as "shown by the minutes of said meeting in my possession. 'City Clerk March 21, 1977 To: Mayor and Council From: Warren C. Hyde Subject: 1977 Property Taxes With the tax bills just being received by property owners, you will undoubtedly be getting some comments and questions. The.following table may be of value. The figures represent taxes on an actual home in Edina. Limited Market Value Assessed Valuation Gross Tax Distribution.: 6. State 7. County 8. City 9. School District 10. Other Taxing Districts 11. TOTAL GROSS TAX 12. Reductions Homestead Credit 13. TOTAL GENERAL TAX 1976 1977 $442990 $49,480 16,196 17,842 .00 .00 457.51 544.42 132.08 150.72 709.17 860.76 95.77 71.38 1,394.53 1,627.28 325.00 325.00 12069.53 1,302.28 WCH /md + 10% + 19% + 14% + 21% - 25% + 17% + 22% P 0 S ITION PAPER COMMUNITY -BASED RESIDENTIAL SERVICES IN THE SOUTH HENNEPIN AREA March 16, 1977 BACKGROUND In recent years there has been a major shift in philosophy and social policy regarding persons in need of protective or rehabilitation services. Increased emphasis has been placed on treatment and program methods that stress the importance of the community context as vital to the normalization of environ- ment and optional functioning of those in need of services. The trend in the fields of child welfare, juvenile and adult corrections, chemical dependency, mental health and mental retardation is to utilize community -based residential services in lieu of institutionalization whenever possible. In Minnesota, this trend is being accelerated by the Legislature and has resulted in new revenue incentives (such as Community Corrections Act), new operating rules and definitions for community -based services, and laws affecting the location and zoning of such programs. The State has apparently found it necessary to enact legislation that super - cedes local zoning laws affecting the location of certain types of residential facilities because of the failure of some communities to deal effectively with this issue. The South Hennepin area currently has seven residential facilities in operation with three more under construction. It is likely that.additional facilities will be proposed both because of the need to serve persons from our communities in their own environment but also because of recently enacted zoning policies in Minneapolis that make expansion of facilities in that city less likely. The South Hennepin Human Services Council.has been seeking methods of introducing needed services in a responsible and rational manner. In conjunction with the four Human Rights Commissions, and with consultation from Alan Friedlob of the Center for Urban and Regional Affairs, a two part workshop was held to explore the issues surrounding community -based residential services. The workshop participants, who represented the city councils, , commissions and boards, and staff who play key roles in the locational decisions affecting residential services, provided much of the input for this position paper. ASSUMPTIONS REGARDING COMMUNITY -BASED RESIDENTIAL SERVICES 1. All persons have a right to live in the community in the least restrictive setting possible. 2. All persons should have access to the most beneficial care available. Residence in small, homelike facilities is frequently the most effective way of providing the care and opportunities needed. 3. All communities have persons who need and could benefit from community residential facilities and, therefore, all communities should accommodate a share of needed facilities for these persons. ISSUES /PROBLEMS NEEDING ATTENTION 1. There is no clear process in the four city area for reviewing community based residential services. Although the cities vary in the amount of attention this issue has received, more attention needs to be given to the criteria to be applied to proposals, the roles of various commissions and boards, and a logical time sequence. 2. No city has zoning ordinances that deal with the range of proposals that can be anticipated. As a result, ordinances designed for other purposes (i.e. nursing homes, board and care homes, etc.) are sometimes inappropriately applied or proposals are delayed in order to develop 'applicable zoning provisions. 3. There is an insufficient data and planning framework with which to determine what programs are most needed and the role of the community in evaluating- operating facilities has not been agreed on. Thus, the community is usually only involved in the implementation stage. 4. Insufficient attention has been given to the ancillary needs of persons living-in residential programs, before the programs are approved. Such issues.as transportation, recreation, day services, shopping, etc. should be clearly linked to locational decisions. 5. Some programs determined to -be needed for South Hennepin residents, have not located here because of problems in securing appropriate sites. 6. No systematic process has been initiated to determine the positive/ negative impact of facilities presently located in the South Hennepin area or comparable areas.— 7. Many citizens are not familiar with the purpose of community -based services or the persons served. Consequently, when a program-is introduced there is an immediate need for accurate information. 8. Recent legislation in Minnesota (Public Welfare Licensing Act 243) has eliminated the ability of communities to have input on the development of small group homes for adults who are handicapped by reason of mental retardation, mental illness, chemical dependency or physical handicap and children whether handicapped or not. This law includes areas zoned for single family residential use. RECOMMENDATIONS I. The cities of Bloomington, Eden Prairie, Edina and Richfield are urged to approve the concept of Community -Based Residential Services and endorse the assumptions on which they are based. II. The cities of Bloomington, Eden Prairie, Edina and Richfield are encouraged to establish a process to effect the orderly development of community -based residential facilities. Such a process should include the definition and assignment of roles and responsibilities to staff, commissions and boards. Roles that should be defined and assigned would include: 1. who receives initial contact from state licensing or a potential developer and initiates community -wide review. 2. who recommends possible community areas for facility location. 3. who elicits the viewpoints of community residents, neighbors, professionals, other agencies, etc. 4. who maintains a resource bank of relevant studies and reports. 5. who determines availability and evaluates the adequacy of the ancillary services the program will require. 6. who determines compliance with safety and health codes. 7. who provides consultation on zoning and community relations issues. III. The cities of Bloomington, Eden Prairie, Edina and Richfield are urged to develop specific ordinances regarding community -based residential services. Such ordinances should: a. Define community -based residential services by size and intent. b. Determine districts in which the various facilities are permitted by conditional use. c. Establish methods for avoiding concentration of facilities. d. Outline citizen'participation and community integration requirements. IV. The South Hennepin Human Services Council is the most appropriate vehicle for determining area -wide residential services needs and should initiate a major effort to document need for all target groups. V. The cities of Bloomington, Eden Prairie, Edina and Richfield are encouraged to support an effort to amend Public Welfare Licensing Act, Chapter 243, Section 12, Subdivision 5 by adding: "If the affected municipality submits in writing concerns relating to the need for,-appropriateness or impact on the public welfare of the proposed residential facility, the Commissioner shall convene a public hearing at a location in the affected municipality to consider this information before issuing a license. If the agency proposes to change its eligibility criteria at any time following the issuance of the license, the affected municipality will receive 30 days written notice and shall have the right to request a public hearing." Approved by the South Hennepin Human Services Council on March 16, 1977. This position paper has been intended to stimulate dialogue regarding community - based residential services. It is our hope that the select courses of action each city initiates will result in a responsible, understandable process for dealing with the issues surrounding residential programs. P 0 S ITI0N PAPER COMMUNITY -BASED RESIDENTIAL SERVICES IN THE SOUTH HENNEPIN AREA March 16, 1977 BACKGROUND In recent years there has been a major shift in philosophy and social policy regarding persons in need of.protective or rehabilitation services. Increased emphasis has been placed on treatment and program methods that stress the importance of the community context as vital to the normalization of environ- ment and optional functioning -of those in need of services. The trend in the fields of child welfare, juvenile and adult corrections, chemical dependency, mental health and mental retardation is to utilize community -based residential services in lieu of institutionalization whenever possible. In Minnesota, this trend is being accelerated by the Legislature and has resulted in new revenue incentives (such as Community Corrections Act), new operating rules and definitions for community -based services, and laws affecting the location and zoning of such programs. ;The State has apparently found it necessary to enact legislation that super - cedes local zoning laws affecting the location of certain types of residential facilities because of the failure of some communities to deal effectively with ;this issue. The South Hennepin area currently has seven residential facilities in operation with three more under construction. It is likely that additional facilities will be proposed both because of the need to serve persons from our communities in their own environment but also because of recently enacted zoning policies ,in Minneapolis that make expansion of facilities in that city less likely. The South Hennepin Human Services Council-has been seeking methods of introducing needed services in a responsible and rational manner. In conjunction with the four Human Rights Commissions, and with consultation from Alan Friedlob of the Center for Urban and Regional Affairs, a two part workshop was held to explore the issues surrounding community -based residential services. The workshop participants, who represented the city councils, commissions and boards, and staff who play key roles in the locational decisions affecting residential services, provided much of the input for this position paper. ASSUMPTIONS REGARDING COMMUNITY -BASED RESIDENTIAL SERVICES 1. All persons have a right to live in the community in the least restrictive setting possible. 2. All persons should have access to the most beneficial care available. Residence in small, homelike facilities is frequently the most effective way of providing the care and opportunities needed. 3. All communities have persons who need and could benefit from community residential facilities and, therefore, all communities should accommodate a share of needed facilities for these persons. ISSUES /PROBLEMS NEEDING ATTENTION 1. There is no clear process in the four city area for reviewing community based residential services. Although the cities vary in the amount of attention this issue has received, more attention needs to be given to the criteria to be applied to proposals, the roles of various commissions and boards, and a logical time sequence. 2. No city has zoning ordinances that deal with-the-range of proposals that can be anticipated. As a result, ordinances designed for other purposes (i.e. nursing homes, board and care homes, etc.) are sometimes inappropriately applied or proposals -are delayed in order to develop applicable zoning provisions. 3. There is an insufficient data and planning framework with which to determine what programs are most needed and the role of the community in evaluating operating facilities has not been agreed on. Thus, the community is usually only involved in the implementation stage. 4. Insufficient attention has been given to the ancillary needs of persons living.in residential programs, before the programs are approved. Such issues as transportation, recreation, day services, shopping, etc. should be clearly linked to locational decisions. 5. Some programs determined to be needed for South Hennepin residents, have not located here because of problems in securing appropriate sites. 6. No systematic process has been initiated to determine the positive/ negative impact of facilities presently located in the South Hennepin area or comparable areas. 7. Many citizens are not familiar with the purpose of community -based services or the persons served. Consequently, when a program is introduced there is an immediate need for accurate information. 8. Recent legislation in Minnesota (Public Welfare Licensing Act 243) has eliminated the ability of communities to have input on the development of small group homes for adults who are handicapped by reason of mental retardation, mental illness, chemical dependency or physical handicap and children whether handicapped or not. This law includes areas zoned for single family residential use.. RECOMMENDATIONS I. The cities of Bloomington, Eden Prairie, Edina and Richfield are urged to approve the concept of Community -Based Residential Services and endorse the assumptions on which they are based. II. The cities of Bloomington, Eden Prairie, Edina and Richfield are encouraged to establish a process to effect the orderly development of community -based residential facilities. Such a process should include the definition and assignment of roles and responsibilities to staff, commissions and boards. Roles that should be defined and assigned would include: 1. who receives. initial contact from state licensing or a potential developer and initiates community -wide review. 2. who recommends possible community areas for facility location. 3. who elicits the viewpoints of community residents, neighbors, professionals, other agencies, etc. 4. who maintains a resource bank of relevant studies and reports. 5. who determines availability and evaluates the adequacy of the ancillary services the program will require. 6. who determines compliance with safety and health codes. 7.- who provides consultation on zoning and community relations issues. III. The cities of Bloomington, Eden Prairie, Edina and Richfield are urged to develop specific ordinances regarding community -based residential services. Such ordinances should: a. Define community -based residential services by size and intent. b. Determine districts in which the various facilities are permitted by conditional use. c. Establish methods for avoiding concentration of facilities. d. Outline citizen participation and community integration requirements. IV. The South Hennepin Human Services Council is the most appropriate vehicle for determining area -wide residential services needs and should initiate a major effort to document need for all target groups. V. The cities of Bloomington, Eden Prairie, Edina and.-Richfield are encouraged to support an effort to amend Public Welfare Licensing Act, Chapter 243, Section 12, Subdivision 5 by adding: "If the affected municipality submits in writing concerns relating to the need for, appropriateness or impact on the public welfare of the proposed residential facility, the Commissioner shall convene a public hearing at a location in the affected municipality to consider this information before issuing a license. If the agency proposes to change its eligibility criteria at any time following the issuance of the license, the affected municipality will receive 30 days written notice and shall have the right to request a public hearing." Approved by the South Hennepin Human Services Council on March 16, 1977. This position paper has been intended to stimulate dialogue regarding community - based residential services. It is our hope that the select courses of action each city initiates will result in a responsible, understandable process for dealing with the issues surrounding residential programs. SOUTH HUMAN HENNEPIN SERVICES COUNCIL ANNUAL REPORT 1976 S' E ANNUAL REPORT 1976 Board of Directors. 1976 Chairman: Tim.Pierce, Eden Prairie Vice Chairman: Sue Bonoff, Edina Secretary: Immanuel Roesler, Richfield Treasurer: Nat Wisser, Bloomington Bloomington: Eden Prairie: Edina: Richfield: Staff Executive Director: Administrative Assistant: Secretary: Graduate Intern: James Anderson Ruth Anderson Harvey Silverman John Frane Mary Hayden George Tangen, M.D.- Kirby Erickson Mancel Mitchell, Jr. June Schmidt A. P. Anderson *John Bleedorn Camillo- DeSantis *Deceased Phillip J.:Riveness Vicki Stewart Barb Kerr- Anderson Kitty Teich Auditor's Statement Available on Request Background. The primary mission of the South Hennepin Human Services Council, as des- cribed in the Joint and Cooperative Agreement between the cities of Bloom- ington, Eden Prairie, Edina and Richfield, is to provide an organization through which the cities can jointly and cooperatively coordinate the pro- vision of human services, both publicly and privately, in the terrirory of the cities. The goal then, since the Council's inception in 1971 has been to provide an on -going vehicle that can impact the development of human services in the four -city area. Rather than ritualistic or token participation, the intent is to utilize municipal, citizen and professional input in determining needs, setting priorities and mobilizing the resources to meet the identified needs. 1976 has been particularly gratifying in that we have been a catalyst in developing a variety of programs to serve South Hennepin residents while continuing to lay a solid planning base for future program development. We are encouraged by the increased sense of responsibility evident in our communities for persons with a variety of human services needs. We look forward to new challenges in 1977 as we continue to work with our municipalities, Hennepin County, citizens and professionals in seeking solutions to local problems at the community level. � 1 HIGHLIGHTS OF 1976 Chemical Dependency Services Many of the Recommendations of our Task Force on Chemical Dependency needs (July, 1975) were implemented in 1976: • Hennepin County's A.I.D. Program which provides information, intervention, diagnosis and referral services has been decentralized to the South Hennepin area. • Under the auspices of Fairview Southdale Hospital, a new out - patient family- orient- ed treatment and after care program has been developed called the Family Renewal Center. The program reflects the Task Force's recommendations in its design and approach. • The Hennepin Area Youth Diversion Project, with support from the South Hennepin Human Services Council received funding under the Governor's Chemical Dependency Bill to do diagnosis and assessment of the chemi- cal abuse problems of youth and to sustain the Chemical Dependency.Orientation Pro- gram for youth and their families. This program is operated locally by the Store- front • The South Hennepin Human Services Council has provided ongoing input to Hennepin County on the development of a suburban detoxification program: In addition to mobilizing resources to address the Recommendations made in 1975, the South Hennepin Human Services Council convened a task force to develop a comprehensive chemi- cal dependency education effort. The task force was composed of twenty -three area pro- fessionals and interested citizens. In the context of chemical dependency education, the task force pooled their knowledge and creati- vity to determine "what is" and "what should be ". Finally a full range of recommendations including implementation responsibilities emerged. Since the recommendations were com- pleted the following activities have occur- red: • Project CHarlie ( Chemical Abuse Resolution Lies In Education) has been launched in Edina. Project CHarlie is an effort to blanket the city of Edina with chemical dependency education. This effort has, to date, involved the schools, city gov- ernment, business, health professionals, civic and service groups and the churches. • A Human Services Forum on the continuum of services for persons with chemical use problems was developed for 75 area pro- fessionals. • Local municipalities and school districts were apprised of the availability of assistance in developing employee assist- ance programs. As a result, a number of them are developing programs for their employees. • A "Resource Guide to Drug Services For South Hennepin Residents" was developed and is being distributed. Interest in community programs based on the Project CHarlie model will be explored in the other three cities in 1977. Residential Care for Youth The South Hennepin Human Services Council convened a task force to assess the resi- dential needs of children and youth in our community. One of our principal concerns was our::view that South Hennepin youth were being placed unnecessarily in programs out- side of our area. Key recommendations of the task force called for: • An increased emphasis on non - residential alternatives to placement. • An increase in the availability and accessibility of residential resources including foster homes, treatment foster homes, residential treatment centers, a treatment group home for girls and a group home for youth recovering from chemical dependency. • Greater involvement of parents during the residential placement of their child- ren and in concurrent therapy when war- ranted. The recommendations of this task force will be used as the basis for developing programs in 1977. Decentralization The South Hennepin Human Services Council convened a task force representing the four cities and local human service agencies to respond to Hennepin County's Comprehensive Decentralization Proposal. The final report: • Urged Hennepin County to decentralize a full complement of financial and social service staff based on current client/ staff ratios. Recommended that application taking and sale of food stamps occur on a decentral- ized basis. Stated that the most appropriate single site for a multi- service center was the regional library in the Southdale area. Specified the local agencies that would or would not be appropriate for location in a multi- service center. Urged the County to develop an integrated and understandable center for human ser- vices that would include both public and private agencies. A subsequent document, "The South Suburban Decentralization Proposal" incorporated many of the recommendations of the task force. Public Awareness The South Hennepin Human Services Council has continued to provide information on access to local human services programs by: Speaking to a variety of civic and service groups, community education programs, min- isterial associations, etc. Updating and distributing the Mini- Direc- tory of Human Services. The Directory is being made available to area residents through city mailings and are also dis= tributed to all police officers, clergy, physicians and other human services pro- fessionals. Our feedback indicates that this is a highly used and valuable infor- mational brochure. Mental Retardation In 1976 a day activity center for mentally retarded adults was funded and developed in the South Hennepin area. This program, long advocated for by the South Hennepin Human Services Council, is a satellite of DAC's of Minneapolis and is located in Richfield. The program serves forty adults. Also in 1976, a number of residential pro- grams for the mentally retarded were initiat- ed in the four city area. These include a group home in Bloomington operated by out- reach Community Services, two larger facili- ties in Bloomington operated by Lutheran Social Services and a proposed and approved residential development in Eden Prairie called the Muriel Humphrey Residences. This last program is under the auspices of the Louise Whitbeck Fraser School. In each case the South Hennepin Human Services Council provided consultation to the developers, and in two cases reviewed the programs and pro- vided recommendations to the appropriate city commissions and councils. We are currently developing a plan for a new concept in day services that will emphasize employment, independent living and social/ recreational skills. Resource Development Th,e South Hennepin Human Services Council assists local agencies in the development of grant proposals for local programs. In addition to providing information on local need, the S.H.H.S.C. frequently reviews and comments on funding requests and provides technical consultation in the development of the proposals. In conjunction with the County's Department of MH /MR /CD, the Council developed a major proposal for a Community Mental Health Center Planning Grant. H.E.W. has approved the grant but it has not yet been funded. If funded this grant will provide us with excel- lent information on the range of mental health needs in the four city area and pro- vide an excellent base for developing ser- vices. This is the first grant of its kind to be approved in Minnesota. Coordination and Consultation An important role the South Hennepin Human Services Council plays on an ongoing basis is the coordination of area human services efforts and consultation to individual agen- cies and groups, county staff, etc. Coordination efforts during 1976 included: • Continuation of the Third Friday Group, a format for the exchange of program plans and ideas by area professionals. • Holding monthly sessions for agencies and groups who utilize volunteers. • Involving area professionals in planning for South Hennepin wide resource direc- tories. • Convening educational and training forums for South Hennepin professionals. • Facilitating working arrangements between agencies to maximize the area's resources. Consultation can mean assisting an agency in developing a specific program-, giving sug- gestions to an organization seeking new dir- ections or assisting a community group in understanding the needs of the community. The South Hennepin Human Services Council is involved in a wide range of human services issues and interacts with human services pro- fessionals at the local, county, metropoli- tan and state levels. Assistance to Municipalities The_South Hennepin Human Services Council provides assistance to city councils, commis- sions and staff when requested, by providing background information, evaluation and comment, and direct program planning on human services related issues. Activities during 1976 included: • Coordination of local input on the Com- munity Health Services Plan. This in- cluded organizing and summarizing four community forums. • Organizing, in conjunction with the four Human Rights Commissions, an area -wide workshop for decision - makers on Commun- ity -based Residential Services. • Providing background information to local municipalities on subsidized housing, de- toxification programs, community-correct- ions programs, mental retardation resid- ential facilities, use of Community Dev- elopment Act funds, etc. • Assisting cities in developing trasporta- tion programs, recreation programs for children from low income families, etc. MAJOR TASK FORCES 1.976 Residential Care For Youth Task: - Force. Mr. Allan Carlson Supervisor, Hennepin County Welfare De- partment Mr. Bob Coder Welcome Community Home, Inc., Administrator Ms. Jean Holcomb Social Worker, Hennepin County Welfare Department Ms. Nancy Jorgensen Foster Parent Mr. Jim Just Welcome Community Home, Inc., Director Ms. Marian Kapusta Probation Officer, Court Services Mr. Dave Knudson Counselor, Eden Prairie High School Ms. Jeanette Larson Social Worker, Bloomington Schools Mr. Steve Lepinski Director, The Storefront & Youth Action Mr. Greg Lindberg Research Analyst, Office of Planning and Development Ms. Tai Shigaki Supervisor, State Department of Corrections Ms. Carol Specht Unit Supervisor, Child Placement Unit, Hennepin County Welfare Department Decentralization Task Force Mr. Conrad Audette South Hennepin Family & Children's Services Mr. Allan Carlson Hennepin County Welfare Department Ms. Mary Collins Minnesota Department of Employment Services Ms. Marcella Connery Suburban Public Health Nursing Service Mr. Camillo DeSantis South Hennepin Human Services Council: Mr. Kirby Erickson Fairview Southdale Hospital, South Hennepin Human Services Council Mr. John Frane City of Eden Prairie, South Hennepin Human Services Council Mr. Sid Holden Department of Court Services Mr. Robert Johnson Department of Vocational Rehabilitation Mr. Steve Lepinski South Suburban Youth Diversion Unit Mr. Buck Mathison Multi Resource Centers, Inc. Mr. Ken Rosland City of Edina Ms. June Schmidt South Hennepin Human Services Council Mr. James Truax City of Bloomington Ms. Joyce Wilde City of Richfield Mr. Robert W. Will Multi Resource Centers, Inc. Chemical Dependency Education Task Force Mr. Conrad Audette Ms. Sue Bonoff Mr. Rod Brannon Mr. John Curran Ms. Helen Fallon Rev. Tim Fuzzey Ms. Joan Garvin Ms. Esther Hall Ms. Joan Hawley Mr. Randy Johncox Mr. C. R. Jones Ms. Joanie Posner Ms. Karen Knutson Ms. Violet Lehtinen Mr. Steve Lepinski /Molly Barzen Ms. Diana Lounsbury Mr. Mike Maron Mr. Al Orsello Ms. Kathy Palmer Mr. John Selstad Ms. Tully Stoppel Mr. Craig Swanson Mr. Joel Wiberg South Hennepin Family & Children's Services Board Member, Youth Action & South Hennepin Human Services Council Edina Community Education Coordinator Hennepin County Chemical Dependency Planner Community Representative Pastor, St. Stephen's Lutheran Church Director, Project HELP Community Representative South Hennepin A.I.D. Side By Side Control Data Corporation Edina Youth Action League of Women Voters Chemical Dependency Counselor, City of Bloomington South Suburban Youth Diversion Project Community Health Ed. Coordinator, FSH Hennepin County Media Specialist Counselor, Academy of Holy Angels Director, Eden Prairie Mini - School State Prevention Coordinator School Nurse, Edina Public Schools Edina Police Department Chaplain & Counselor, Fairview - Southdale Hospital ..1 1977 . PROPOSED BUDGET FOR BRAEMAR.GOLF COURSE REVENUE ?1embarSh4p Fees Green Fees 18 Holes 9 Holes Par - 3 Golf car, carts & club rentals Locker rental Net"Income Qperftting Departments Other: TOTAL REVENUE OPERATING EXPENSES Administration Salaries and Wages Manager Pro Rangers and starters Cashiers and clerical Printing Supplies Insurance and Alarm system Retirement, Insurance and Hospital Mileage and schools Audit Other Total Administration Building - Clubhouse and Pro Shop Salaries and Wages Telephone Water Fuel Light and power Laundry Less amount charged to Grill Repairs to building Insurance Supplies Other Total Building- Clubhouse & Pro Shop Maintenance of Course and Grounds Salaries and Wages Superintendent Maintenance Three full time men Seven to ten part time help Overtime Total Salaries and Wages Proposed Projected Actual 1977 1976 1975 $ 25,000.00 $ 25,033.73 $ 25,651.35 123,000.00 115,000.00 101,091.20 65,000.00 62,000.00 58,110.33 43,000.00 44,000.00 38,693.50 33,000.00 36,000.00 27,501.08 900.00 848.00 972.00 21,000.00 21,500.00 21,399.63 150,00 103.00 35.77 . $311,050.00 $304,484.73 $273,454.86 16,100.00 15,300.00 14,493.40 2,000.00 1,200.00 3,000.00 9,000.00 8,600.00 8,464.67 16,000.00 13,700.00 12,847.46.-_ $ 43,100.00 $ 38,800.00 $ 38,805.53 3,800.00 3,800.00 2,813.92 1,200.-00 1,250.00 759.10 1,000.00 850.00.. 1,010.75 21,000 -.00 20,700.00 14,940.00 300.00 275.00 398.75 1,100.00 1,100.00 950.00 250.00 155.00 305.4 $ 72,750..00 $ 66,930-00 $ 59,983.5 2,500.00 1,500.00 2,100.00 1,600.00 1,500.00 1,693.22 200.00 400.00 126.03 900.00 600.00 1,748.89 8,500.00 8,300.00 7,597.97 1,900.00 1,800.00 1,143.48 (3,650.00) (3,600.00) (3,692.87'- 3,000.00 3,550.00 2,991.1- 700.00 600..00 551.02' 1,500.00 1,150.'00 1,420.5; 900.00 700.00 596.07 $ 18,050.00 $ 16,500.00 $ 15,679.45 16,100.00 14,800.00 15,708.34 39,000.00 37,6.00.00 30,000.00 15,000.00 14,000.00 12,000.00 5,000-00 6,000-00 9.000.00 $ 75,100.00 $ 72, 00.00 $ 65,708.3/; ft Continued- Maintenance of Course and Grounds Proposed Projected Actual 1977 1976 1975 Telephone . Light and Power Fuel Fertilizer and Chemicals Sand, Gravel & Rock Concrete and Asphalt Sod, Tree replacements Etc. Lumber Repairs Supplies E#Ipment operation Golf car maintenance Irrigation. Other Total Maintenance of Course and Grounds 250.00 200.00 386.64 600.00 595.00 580.26 3,500.00 3,330.00 857.61 6,000.00 5,000.00 2,430.87 2,000.00 1,500.00 2,378.60 2,500.00 4,000.00 225.15 5,000.00 6,018.00 5,202.00 1,000.00 700.00 473.66 5,000.00 5,800.00 2,563.28 3,500.00 3;500.00 7,926.05 22,000.00 21,000.00 21,300.00 4,000.00 1,900.00 8,575.00 3,500.00 8,000.00 18,000.00 550.00 470.00 396.14 $134,500.00 $134,413.00 $110,428.60 Total Income (including operating Dept) 311,050.00 304,484.00 273,454.00 Total Operating Expenses 225,300.00 217,843.00 1963,634.00 _ Income after operating expense 85,750.00 86,641.00 76,820.00 Income on investments ? ? 6,057.00 Total income before interest & Depreciation 85,750.00 86,641.00 82,877.00 Interest on Bonds 17,300.00 18,000.00 18,894.00 Interest on Liquor loan 8,575.00 Total Interest 17,300.00 18,000.00 27,469.00 Income before Depreciation 68,450.00 68,641.00 55,408.00` Provision for Depreciation 13,000.00 12,500.00 11,167.00 Net Income 55,450.00 56,141.00 44,241.00 Bonds Paid 40,000.00. 40,000.00 35,000.00 Income Operating Departments Range Income 35,300.00 34,345.66 -t 31,752.30 Operating expense. 20,000.00 18,379.14 14,518.37 Net Income 15000.00 15,966.52 17,233.93 Range closed early for improvements Grill Income 64,000.00 60,500.00 57,645.53 Operating expense 58,000.00 54,900.00 53,479.83 Net Income ;.6,000.00 5,600.00 4,165.70 Net Income Operating Departments 21,000.00 21,566.52 21,399.63 1i CAPITAL D PROVEMENTS MAINTENANCE $ 9,000.00 Fairway Mower. 95,000.00 Well and pump including electrical work PRO SHOP 3,500.00 Cash register A - FRAME 1,200.00 Additional fencing TOTAL $108,700.00 CAPITAL IMPROVEMENT EXPLANATION FAIRWAY MOWER Replace thirteen year old Fairway Mower. Present condition of mower is unrepairable. Frame completely broke in two sections below Drivers seat during 1976 Golf season. Equipment is unsafe for continued use. IRRIGATION SYSTEM The Rain -o -Mat irrigation system including pumps are inadequate for present needs. Their is not adequate water supply or pressure to fullfill our watering demands. Repairs to the present system have been exceeding $6,000.00 anhually. This does not include a night watering man seven days a week watching the system which is suppose to be fully automatic. The sprinkler heads will only cover 50 feet in diameter. A new system would reach 90— 150 feet and increase the gallons per hour rate considerable. We cannot maintain good quality turf conditions with inadequate coverage or pressure with the present system The pumps we now have are to small. With only eight hours of watering time each night it is impossible to water Greens, Tees and Fairways on a Golf Course this size. Water availability is also poor. The Edina city water department has been very understanding of our needs, and have done all that they could safely do within their limits. However, their peak demand times are also our peak demand times. Watering bans on the city also affect our water supply. We therefore must have our own supply. Our holding ponds can be reduced to below minimums in one night. This'has occured on numerous occasions. Other problems with the system are as follows: 1. Parts are unavailable 2. System is unable to be sealed against winter damage and necessitates the purchase of $500.00 of alcohol annually. 3. The electrical stations are faulty and many have to be manually run or advanced. 4. Many new trees and tee areas are.not presently covered. 5. The center of every green is not covered with present system pressure. We realize the high cost of this undertaking, but feel if we are to contiiit,e to provide the Patrons with a first class Golf facilty we must take action to improve the playing conditions. Higher traff ic.�demands require a first class system. Ideally we would like to replace the complete system this spring and fall. This, we realize, is not fiscally possible however during 1977 we would like to sink a well to provide the needed water and install needed irrigation pumps which would be designed for a replacement system. GREEN FEES FOR THE MPLS METROPOLITAN AREA ARE AS FOLLOWS 1977 MFLS COURSES $ 5.30 18 Hole 3.95 9 Hole ST. PAUL 18 Hole 9 Hole BROOKVIEW 18 Hole 9 Hole EDEN VALE 18 Hole 18 Hole Week End 9 Hole DWAN (B13omington) 18 Hole 9 Hole BLUFF CREEK 18 Hole 18 Hole Week End 9 Hole 5.25 3.25 5.50 3.50 5.00 6.00 3.50 5.25 3.25 5.75 _6.00 3.50 i 1 i r a PAR 3 GOLF COURSES submitted by J. Valliere 3 -11 -1977 COSTS YARDS Hyland Green Inside course $2.75 Outside course 3.15 Elm Creek 2.25 1,300 Normandale Weekday 2.50 1,575 Weekend 3.00 Member 2.00 Birnamwood Public Golf Daytime 2.50 1,385 Evening 2.75 Weekends and holidays 3.00 submitted by J. Valliere 3 -11 -1977 1974 1974 Part. Fee Swimming Pool Instruction 2,346 $ 7.00 Summer Skating 92 Playgrounds 771 Creative Dramatics 34 Theater 72 T Bail 519 Firearm Safety 188 Tennis 698 Archery 34. Horseback Riding 90 Gun Range - Tennis Reservations - SEASON TICKET FEES FOR SWIMMING POOL: Pool - Family Ticket Pool - Individual Ticket Individual Pool Admission Non - resident - Family Non - resident - Individual 1977 RECOMMENDED FEES AND CHARGES 1975 1975 1976 1976 Part. Fee Part. Fee 1,892 $ 8.00 1,757 $ 8.00 8.50 or 57 1977 1976 1976 11.00 Recommended Income Expenses Fee $14,056.00 $ 2,000.00 - Pool $10.00 7,000.00 - Bus $20.00 5,430.00 - Inst. 7.00 $14,430.00 - Total 712 8.50 or 57 10.00 60 11.00 660.00 330.00 1974 -1975 11.00 10.00 $15.45 $17.00 $20.00 $20.00 $20.00 6.18 7.00 10.00 3.00 712 3.00 761 3.00 2,283.00 $ 1,293.00 - Supplies 5.00 2,401 25.00 -25.00 10,006.00 - Payroll 11,299.00 3.00 31 5.00 26 6.00 8.00 534.00 1,400.00 3.00 66 5.00 63 6.00 8.00 4.00 473 5.00 397 6.00 2,382.00 893.00 - Shirts . .10.00 2,821.00 - Payroll 2,714.00 12.00 150 6.00 or 135 8.00 or 1,215.00 945.00 10.00 12.00 15.00 5.00 649 7.00 622 7.00 4,354.00 $ 334.00 - Supplies 8.00 3,414.00 - Payroll 3,748.00 10.00 28 10.00 34 10.00 340.00 306.00 10.00 21.00 74 22.00 84 25.00 2,100.00 2,016.00 30.00 1.50 per - 2.00 per - 2.00 per - - 2.50 per 1/2 hour Ill hour 1/2 hour 1/2 hour - - - - .75 per - - I.00 per hour hour Pool - Season Total Pool Swimming 1977 1969 1970 -1973 1974 -1975 1976 Recommended $15.45 $17.00 $20.00 $20.00 $20.00 6.18 7.00 10.00 10.00 10.00 .80 .85 1.00. 1.00 1.00 2,517 106,015 2,401 25.00 -25.00 15.00 15.00 Pool - Season Total Pool Swimming Ticket Sales Attendance Lessons YEAR 1976.- 1,823 78,831 1,669 1975 - 1,778 57,250 1,772 1974 - 2,184 83,609 2,146 1973 - 2,517 106,015 2,401