Loading...
HomeMy WebLinkAbout1977-08-01_COUNCIL MEETINGAGENDA EDINA CITY COUNCIL REGULAR MEETING AUGUST 1, 1977 7:00 P.M. ROLLCALL MINUTES of July 18, 1977, approved as presented or corrected by motion of seconded by I. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Presentation by Manager and Engineer. Spectators heard. If Council wishes to proceed, 4/5 favorable rollcall vote to pass. (Continued from May 16, 1977) A. Grading and Graveling Improvement No. P -C -124 - Amundson Ave. from Cahill Road to Dewey llill Road B. Street Improvement No. P -BA -226 - Amundson Ave. from Cahill Road to Dewey Hill Road C. Grading & Graveling Improvement No. P -C -126 - Delaney Blvd. from Dewey hill Road to W. 78th St. D. Street Improvement No. P -BA -227 - Delaney Blvd. from Dewey Hill Road to W. 78th Street II. REPORTS AND PUBLIC HEARINGS ON. PLANNING MATTERS Presentation of Planning Department. Spectators heard. First Reading of 'Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading 'or if Second Reading should be waived. Lot Divisions, Plats, Buildable Lots, Flood Plain Permits and Appeals to Administrative or Board of Appeals and Adjustments Decisions require action by Resolution. 3/5 favorable rollcall vote. A. Lots 3 and 4, Auditor's Subdivision No. 172 - 4626 France Ave.. S. 1. Rezoning from R -1 Residential District to R -2 Multiple Residential District - Z -77 -11 (7/6/77) B. Gabbert and Gabbert Registered Land Survey - West of York Ave. and North of W. 70th Street. 1. Rezoning from C -4 Commercial District.to C -3 Commercial District - Z -77 -14 2. Preliminary Plat (7/6/77) C. Lot 4, Block 1, Braemar Parc - Appeal of Administrative Decision - James Otto D. Eberhardt - Appeal of Decision of Board of Appeals - Sign Ordinance E. Edina Interchange Center Fourth Addition - Located West of Ohms Lane and North and West of W. 74th St. 1. Final Plat Approval - S -77 -11 (Preliminary Approval 6/20/77) F. Edina Interchange Center Fifth Addition - Located East of Cahill Road and South of Dewey Hill Road 1. Final Plat Approval - S -77 -12 (Preliminary Approval 6/20/77) G. Lots 14 and 15, Hyde Park 1st Addition - 6000 Bonnie Brae Dr. (Dale Johnson Builders) 1. Lot Division - LD -77 -13 (7/27/77) H. Set Hearing Dates 1. Rainbow Management Division - SW corner W. 51st St. and France Ave. R -1 Residential District to SR -4 Senior Residence District - Z -77 -16 (7/27/77) 2. Oliver Development Company - Blake Ridge Estates - Located South of Vernon Ave. and West of Olinger Blvd. PRD -3 Planned Residential District to R -1 Single Family Residential District and Plat - S- 7.7 -14 and Z -77 -13 (7/27/77) I. Jerry's Enterprises, Inc. - Change in Legal Description for Lot Division (South and East of Vernon Ave and West of Brookside Ave. between Grocery Store and Hardware Store) (Minutes of 6/6/77) August 1, 1977, Agenda Page Two III. COMMUNICATIONS A. Inglewood Ave. Traffic Problem B. C. Wesley Andersen - Morningside Water Pressure C. 100% Petition - Waterman Ave. Cul -de -sac - Authorize Improvement No. C -127 D. Petition for Curb and Gutter - Concord Ave. between W. 58th and W: 60th St. IV. RECOMMENDATIONS AND REPORTS A. Connection Charge - Lot 3, Block 1, Gleason 3rd Addition - WM- 186 /SS -277 B. Restraining Order - Fence at 5017 Windsor Ave. C. Minimum Lot Size Requirements Policy D.. Lots 7 and 8, Griffis Subdivision of Block 18, Mendelssohn Addition - Addition to Minutes of..6/6/77 E. Commission and Board.Appointments F. Retirement Policy - PERA /ICMA G. South Hennepin Human Services Council - Position Paper and Annual Report (Continued from 5/2/77) H. Northern States Power Rates I. Informal Bids - Concrete Repair J. Authorize Purchase of .2 Underbody Scrapers K. H.R.A. Minutes of 7/19/77 - Southeast Edina Tax Increment District L. Senate File 1507 M. Order of Council Business N. Supreme Court Decision on Grandview Cemetery b. Senate Hearing on Metropolitan Council Affairs P. Special.Concerns of Mayor and Council Q. Post Agenda and Manager's Miscellaneous Items V. ANY OTHERS DESIRING TO BE HEARD BY COUNCIL VI. FINANCE A. Liquor Report as of June 30, 1977 B. Surplus and Reserves as of December 31, 1976 C. Claims Paid: Motion of , seconded by for payment of the following claims per Pre -List: General Fund, $83,320.88; Poor Fund, $18,795.35; Park Fund, $2,810.45; Art Center, $12).35; Park Construction, $5,393.00;_ Park Sinking, $3,930.00; Swimming Pool, $3,037.19; Golf Course, $8,020.00; Recreation Center, $35,264.14; Gun Range, $168.72; Water Fund, $24,939.34; Sewer Fund, $1,655.69; Liquor Fund, $160,017.07; Construction $116,687.09; IBR Fund, $2,220.45; Total, $466,386.72 RESOLUTION GRANTING FINAL PLAT OF.. EDINA INTERCHANGE CENTER FIFTH ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Edina Interchange Center Fifth Addition ", platted by New England Mutual Life.lnsurance Company, and presented at the Edina City Council Meeting of August 1, 1977, be and is hereby granted final plat approval. ADOPTED this 1st day of August, 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 August 1, 1977, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 26th day of September, 1977. City Clerk RESOLUTION GRA14TING FINAL PLAT APPROVAL OF EDINA INTERCHANGE CENTER FOURTH ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Edina Interchange Center Fourth Addition ", platted by New England Mutual Life Insurance Company, and presented at the Edina City Council Meeting of August 1, 1977, be and is hereby granted final approval for Lots 1 thru 6 only, with the balance of the plat to be an out - lot which will be replatted at a later date, once road patterns are worked out. ADOPTED this 1st day of August, 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 August 1, 1977, and as recorded in the minutes of said Meet. WITNESS my hand and seal of said City this 3rd day of August, 1977. City Clerk vOCATION MAP 'A ri v 4 RO S 2 ret- N s f [DINA- MORNI�fU CHUR 45 TP 40 TH 471■ 47 TH REQUEST NUMBER: I Z -77 -11 LOCATION:4626 France Avenue South REQUEST: hold two -lot rezonijig for two double dwellings. Y311nar planning departl3ient vill�i�e oA edina EDINA PLANNING COMMISSION STAFF REPORT July 6, 1977 II. Old Business: 2. Rezoning Jack Ovick. Lots 3 and 4, Auditor's Subdivision No. Z -77 -11 172. Generally located at 4626 France Avenue South. R -1 to R -2. Refer to: attached graphics. The proponent is requesting a rezoning from R -1 to R -2 for Lots 3 and 4 of Auditor's Subdivision No. 172. These lots measure 10,032 square feet and 10,450 square feet, respectively. Lots 7, 8, and 9, of Auditor's Sub- division No. 172 are presently zoned R -2 and each is developed with a two - family dwelling.- Lots 1, 2, 5, and 6 of Auditor's Subdivision No. 172 are zoned and developed as single family residences. - According to the proponent's site plans, Lot 3 is presently developed as a single family residence. The proponent'has indicated that this struc- ture would be "retrofitted" and converted into a two - family dwelling. A similar dwelling would be constructed on Lot 4. Based on the proponent's plans, the two structures would share a common driveway and court area. These plans also indicate that all setbacks and lot coverage restrictions can be met. However, Lots 3 and 4 are far below the minimum R -2 lot size of 15,000 square feet. In addition, the gross floor area of each unit substantially exceeds minimum requirements. Recommendation: Staff believes that the proponent has submitted very innova- tive plans fer the development of the subject property for two - family dwellings. Staff recommends approval of the rezoning in that: 1. The proposed land use is consistent with other properties abutting France Avenue and is a proper land use for this location. 2. Setbacks and lot coverage requirements, can be met. 3. The common driveway access minimizes traffic hazards on France Avenue. Rezoning is contingent on: 1. Lot size variances from the Board of-Appeals. CH: nr 7 -1 -77 t j: } �?T4 �— yN/IMEK P�9Lf.4W`� � I 1 en ♦� \\ 4 �� ♦ L gwrow awry � a LI ----- - - - - -- - - - - -- - -- - - - - - - -- ♦ ee a — existing site plan,. -V C �.O O N FxO -J• .Y V V C U. co ,it F Fe i i `f I, 1 , , V co 1 L LL G,Lri(.iV1; IGFi �l tlJ _ k•�r�s •.r. r4_ _ _ i 1! _ _ xr , I � 1 1 1 t� t�71�1 ly?r f . W C �.O O N FxO -J• .Y V V C U. co ,it F Fe i i VMAW) secti ®n 14 ;131 1 3 unit 1*� W�m EME. Fqa court common a lu" area v-• . 7� yard unit unit 2 2 9 9 U4W. site plan unit 1 WPU W6 yard AUL france lQ C 0 U 0 U 0 81 > Ca U_ C CU U_ 0 Cq io" w-pp- ---- --- ------- - - ------- ---- 6f3 _j I 1 F1- x4 yard unit 2 9 9 unit 1 yard i7 Fqa court common a lu" area v-• . 7� yard unit unit 2 2 9 9 U4W. site plan unit 1 WPU W6 yard AUL france lQ C 0 U 0 U 0 81 > Ca U_ C CU U_ 0 Cq io" w-pp- A114"I'MI M`N'22 !I I i Ill .... . .... . . site plan c 0 U U- (D 3 r. c 0 U U- (D 3 7r UPPER LEVELS PLAN C &D -r' Gy •iL�b r y m1ritr �I'i 1, I 1 vnv_rn ly+�r'I i I 4nIrrM erM =rinur j ® lr ✓I q UPPER LEVELS PLAN C &D , 1.1 _ . LOWER LEVELS PLAN A&B ■ Il I I f.','lIL;//R YA -r1 I q�� Fl�hL fE"1'u`Dr C u I 3 � � F 00 o o � R Q V li c L N (D V Eli -r' Gy •iL�b r y m1ritr �I'i 1, I 1' a J l I , 1.1 _ . LOWER LEVELS PLAN A&B ■ Il I I f.','lIL;//R YA -r1 I q�� Fl�hL fE"1'u`Dr C u I 3 � � F 00 o o � R Q V li c L N (D V Eli 7 -6 -77 planning Commission Minutes, page 2 access to Lots 2 and 3 from a private roadway. Such a concept would result in the construction of two private dwellings without frontage on a public street. Such an arrangement has always been avoided in conventional types of development. It may be argued that the structures proposed for Lots 2 and 3.are nothing more than "isolated" rental units and should be considered as part of the villa Way Apartments. However, there is no assurance that these units would remain as rental units. d approval of the proposed subdivision in He said staff would therefore recommen that: 1. The subdivision results in a desirable reduction in the number of lots in. this location. 2. Lots are of adequate size as compared to surrounding properties. 3. Lot configuration is acceptable. 4. Adequate public road access is available to all.three lots. Approval should be contingent on: 1. Access to the lots must be provided directly to a public roadway. Access from Lots 2 and 3 to the private road on the north side of the villa Way Apartments will not be allowed. 2. The proposed 60 -foot radius cul -de -sac proposed at Oxford Avenue should be reduced to 50 feet. 3. A tree cutting permit must be obtained prior to grading and construction of the site. Mr. G. Hughes further owathes encourage structures c�uldbeconstruoctedeon examine 3' tree 'proposal closely as to minimize'disturbances of the topography and vegetation. , Mr. G. Hughes said the proponent could now In response to Mr. S. Hughes however, it would be very difficult because legally build on the existing lots; required. Also, he said there was an of the large volume of fill which would be volume easement on the site which would require vacation and, because of the drainage problem, a suitable ..drainage system would be necessary. Following brief discus- sion, Mr. G. Johnson moved the subdivision request be continued to the July 27, 1977,r.:eeting because of questions concerning .construction, etc., and advised the proponent be present. Mr. S. Hughes seconded. All voted aye with the exception of Mr. Lewis, who abstained. Motion carried. �-� 2. Rezoning Jack Ovick. Lots 3 and 4, Auditor's Subdivision No. 172. Z -77 -11 Generally located at 4626 France Avenue South. R -1 Single Family Residence District to R -2 Two Family Residence District. Mr. G. Hughes recalled that at the last meeting the Planning Commissi n had heard this request for rezoning and continued it to allow the proponent 7 -6 -77 Planning Commission Minutes, page 3 time to complete his plans. He explained the proponent is requesting permission to rezone two existing single family lots on France Avenue to R -2 Two - Family Dwelling District. Mr. G. Hughes explained the proponent's plans show two two - family dwellings on Lots 3 and 4 which would bey oriented north -south rather than east -west, sharing a common driveway access from France Avenue with a courtyard proposed between the two structures. He said staff, in reviewing the proposal, had found some very good points regarding land use; the R -2 zoning requested is consistent with other uses along France Avenue, as Lots 7, 8, and 9 are presently zoned R -2 and developed with two- family dwellings. Staff, therefore, recommended approval of the rezoning proposal for the following reasons: 1. The proposed land use is consistent with other properties abutting France Avenue and is a proper land use for this location. 2. Setbacks and lot coverage requirements can be met. 3. The common driveway access minimizes traffic hazards on France Avenue. Rezoning approval should be contingent on: 1. Lot size variances from the Board of Appeals. The proponent, Mr. Jack Ovick, indicated if the cost of retro- fitting the present single family dwelling into a two - family dwelling was too great, the structure would be moved to another site and an entirely new structure would be built. In response to Mrs. McClelland's concern over the excessive lot coverage, Mr.. G. Hughes said the lots are substandard and would therefore require a variance from the Board of Appeals and Adjustments prior to final rezoning approval to allow the larger lot coverage. Regarding the structure's height and its effect on setbacks, the proponent said the proposed roof would be 23 feet high and would, in essence, be lower than the existing single family dwelling roof. The proponent also said he had a letter from Mr. and Mrs. Robert Russell of 4600 France Avenue South indicating their approval of the proposal. Mrs. Mary Jo Aiken of 4548 France Avenue South expressed no objections to the proposal providing only two dwellings are located on the site. In response to Mr. Runyan, the proponent said the driveway would have ade- quate area and two stalls per unit would be provided totalling eight enclosed parking stalls, as well as two additional off - street parking stalls per unit. In response to Mr. S. Hughes, the proponent said this should not set a precedent as there were very few lots in Edina with a. similar situation and pro- ceeded to show photographs of a similar development in Minneapolis. In response to Mr. Michael Doyle, 4634 France Avenue South, the proponent said the total construction cost would be approximately $50,000 per dwelling.unit .7 -6 -77 Planning Commission Minutes, page 4 or a total of $200,000 and, if approved by the City, the dwellings should be ready for vacancy in the spring of 1978. Mrs. McDonald moved for approval of the rezoning request subject to the variance approval by the Board of Appeals and Adjustments and for the reasons stated in the staff report. Mr. G. Johnson seconded. All voted aye with the exception of Mrs. McClelland, who voted nay. Motion carried. 3. Subdivision Rauenhorst Corporation. Normandale Park Addition. Tract 5 -77 -13 and L, R L S. 170. 1129. Generally located at the north - Rezoning west uadrant of W. 76th Street and France Avenue. PID Z -77 -12 Planned Industrial District to C -1 Commercial District. Mr. G. Hughes recalled that this request was considered at the last Planning Commission meeting wherein the proponent requested a rezoning from Planned Indust- rial District to C-1 Commercial District to allow construction of a restaurant on the site. He said the proponent is also requesting a 3 -lot subdivision of the property. He indicated that, as requested by the Planning Commission, staff had consulted the City Attorney regarding the legality of either allowing a Special Use or Conditional Use Permit for restaurant use in the C -1 zone or an amendment ID zone. in to the present ordinance allowing restaurants as a principlewhichessentially said Mr. G. Hughes referred to the letter from the City Attorney that either a special or conditional use amendment to the present ordinance or an amendment to the PID section of the or allowing restaurants as a principle tions with the City use would be legal options. Following subsequent conversa Attorney, however, he had indicated that a zoning to C -1 with a simple condition that the use be for restaurant purposes only would not be binding and therefore advised against this action. As requested by the Commission, staff had also researched the possibility of allowing restaurants as a use in the PID district. mr. G. Hughes noted that in the Office Building District section of the zoning ordinance, restaurants and`,` other accessory Building g Di allowed in Office Buildings having 40,000 or more feet or at least 200 full -time employees. Also, accessory uses could not square exceed feet 10 percent le the gross floor area. He further noted a similar type of use is allowed in Regional Medical District, but it does not require 200 full -time employees, and the accessory uses may cover up to 20 percent of the gross floor area. He said the primary purpose of these accessory uses is to provide service oriented facilities to individuals employed in the office buildings : and employees and visitors of medical buildings. Mr. G. Hughes said staff had reviewed the South Edina Plan which further stated as an objective the requirement or provision of incentives to office; industrial, or large apartment developers to allow the incorporation of restaurants and other uses in developments to capture or intercept possible travel. IIe said staff therefore feels it would be appropriate to amend the PID section of the uses, and he referred ordinance to allow restaurant and other uses as accessory to a graphic showing the locations of restaurants, lunchrooms, and vending services in southeastern Edina, which were determined through health Dep tment and zoning records. Mr. G. Hughes said staff would continue to recommend against the C -1 zoning for the following reasons: rm 7ti �mrrmryC��J: 147400 Z57/ W. E LC . a O SOUTHDALE ClSHOPPING CENTER 4. M 1 — SOUTHDALE— > .._. , _ M4_ ! > C -7 r_ x � F � x ; U . Ix0 r 69 TH. W 70 T H MAZELTON'RO. HAZELTON z0--tping ® subdivision S -77 -15 and REQUEST NUMBER: Z -77 -14 LOCATION: W. of York & N. of 14. 70th REQUEST: Registered land survev and rezoning to eliminate car wash pardel. ST. ST. -- q PUBLIC t� LIERARY ice' 0� NORTH n 250 5,00 750 1000 ya�xr l�ianninla�� ^rlmeat vlJaae of edine EDINA PLANNING CottMISSION STAFF REPORT July 6, 1977 III. New Business: 2. Subdivision Gabbert and Gabbert. Registered Land Survey. Gen - S-77-15 and erally located west of York Avenue and north of Rezoning West 70th Street. C -4 Commercial District to Z -77 -14 C -3 Commercial District. Refer to: attached graphics. A short time ago, a building permit was issued for the construction of a new multi- tenant commercial building "located in the northwestern quadrant of York Avenue and West 70th Street. Previously, this site was the location of the Southdale Car Wash. Following the issuance of the building permit, staff determined that the site was presently zoned C -4 for car wash purposes. (Other uses allowed in the C -4 district are service stations and drive -in restaurants.) Staff further determined that C -3 would be the proper zoning for the proposed use and thus requested the proponent to submit a petition for rezoning to C -3. The proponent has also submitted a preliminary Registered Land Survey for the site. Recommendation: Staff recommends approval of the rezoning and preliminary Registered Land Survey in that: 1) The proposed use is consistent with surrounding properties._ 2) The requested rezoning is a down - zoning and will result in a more de- sirable development than can be achieved under the existing C -4 classi- fication. Approval is contingent on: 1) The submission of suitable cross easements detailing the parking require- ments for the new building and other existing buildings which share a common parking lot. GH: nr 7 -1 -77 �I 4 1 50 0 100 200 1 1l NII�• INIJN'1H141LN 114 id 1114. 4/lJ�ifl l.�( 041..lN N.N..N(ISl MN1SI (1D Wl: .•: •1� lM1. I1YI .l Yl• . -NUI N-1M IIM�J Y.N'.1 +�141V 11 Lr SOUTHDALE SHOPPING I CENTER I W. 69 th ST. SOUTHDALE BOWL OQ�S� y4 W. 70 th ST. TARGET I I KEY CADILLAC OFFICE BLDGS. N I w a I Y •I o I KSTP. TV r COUNTY I LIBRARY PRELILINARY REGISTERED LAND -SURVEY for GACT311-IRT and GAB.'-,E;-'%T CO,',IPANY x wes r 69th -'W z 'I"V4 e E e [IrIl rV 4smr P.,.c — — __ - - - Doc., A10. 610319 -F_90.17 tI .5'ov rHpq t- c Q 904UL 93F IV, Vi 4 I /90.00 �J' 2 x -4 IT Cj F .fewA /IV P R 0 P -0 5 Ac 0 PXOP. OZOOf. 4F46V_85CxO lick II JF0 Zoo 'lie 1AIDICAr4FS PRA A66 Flow 4 Z� P� t4 C/ I i ZONING: r�,qe-r .4, R.L.S. No. M33, PRESENTLY ZO'V'-'O R C. Pkesewri.- PROPOSED Wes r 70 M L E S C P 1 PTI 0% Tract A, Registered Land Survey !:'0. 1233. files of ilecistrar of Titles-, County of Hennepin. and The east 111j.00 feet of Tract C and oli of Tract C, �• gistered Land Survey r1o. 1366, files of Registrar of Titles, County of Hennepin. 1'71 r-), I qv)my I 4•hereby certify that this survey was prepared by me,or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the S3 f M4nes9to State Date/,-- nZ3- n 7-7 Reg. No. 7 -6 -77 Planning Commission Minutes, page 8 2. Subdivision Gabbert and Gabbert. Registered Land Survey. Generally S -77 -15 and located west of pork Avenue and north of West 70th St. Rezoning C -4 Commercial District to C -3 Commercial District. Z -77 -14 Mr. G. Hughes explained the general location of the subject property as be- ing at the northwest corner of West 70th Street and York Avenue and recalled a building permit had been issued for this piece of property for a multi- tenant commercial building. He said this site was the location of the former Southdale Car Wash. Following issuance of the building permit, staff determined the site was zoned C -4 Commercial District for car wash purposes rather than C -3 Commercial District to allow the proposed use. Staff subsequently requested the proponent to apply for a rezoning from C -4 to C -3 and a registered land survey for the sub - ject property. Mr. G. Hughes said staff recommended approval of the rezoning and preliminary registered land survey for the following reasons:' 1. The proposed use is consistent with surrounding properties. 2. The requested rezoning is a down - zoning and will result in a more desirable development than can be achieved under the existing C -3 classification. Approval should be contingent on: 1. The submission of suitable cross easements detailing the parking requirements for the new building and other existing buildings which share a. common parking lot. Mr. G. Hughes also noted that Hennepin County Highway Department indicated by letter than an additional 10 feet of right -of -way along York Avenue should be required. He recomi; ended this dedication as a second condition.. Following brief discussion, Mr. Kremer moved for approval of the request with the conditions and for the reasons stated by staff., .Mrs. McClelland seconded. All voted aye. Motion carried. IV. Adjournment. Respectfully submitted, Nancy J. Rust, Secretary (OFFICIAL PUBLICATION) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARINGS THE EDINA CITY COUNCIL will meet at the Edina City Hall, 4801 West 50th Street, on Monday, August 1, 1977, at 7:00 p.m. and will at said time and place con- sider the following: 1. Rezoning Request by Jack Ovick from R -1 Single Family Residence District to R -2 Two Family Residence District, generally located at 4626 France Avenue South, described as follows: Lots 3 and 4, Auditor's Subdivision No. 172. 2. Preliminary Reaistered Land Survey and Rezoning Request from C -4 Commer- cial District to C -3 Commercial District by Gabbert and Gabbert, generally located west of York Avenue and north of West 70th Street, described as follows: Tract A, R. L. S. 1233. 3. Appeal by James Otto of a Board of Appeals and Adjustments decision on June 16, 1977, denying his request for an appeal of an administrative deci- sion. The property is generally located at 7136 Mark Terrace Drive and described as follows: Lot 4, Block 1, Braemar Parc. 4. - Appeal by Eberhardt Company of a Board of Appeals and Adjustments decision on June 16, 1977, denying their request for a 104 percent sign area variance. The property is generally located at 3250 West 66th Street and described as follows: Parts of Lot 5, Cassin's Outlots, and Lots 6 and 7, Block 2, Cassin's Replat. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk Please publish in the Edina Sun on Wednesday, July 20, 1977. Please send 4 Affidavits of Publication. AGENDA Edina Planning Commission Wednesday, July 27, 1977, at 7:30 p.m. Edina City Hall I. Approval of the July 6, 1977, Planning Commission Minutes. II. Old Business: 1. Lot Division LD -77 -7 2. Subdivision 5 -77 -8 �J 3. Subdivision QU 5 -77 -14 and Rezoning Z -77 -13 III. New Business: Lot Division 0 LD -77 -13 2. Subdivision 5 -77 -17 E. B. and J. C. Haedecke. Lot 18, Block 6, LaBuena Vista.. 5524 West 70th St. (Cont. from 6- 1 -77). Villa View Addition. Mark Z. Jones Company. Gen- erally located at tho south end of Oxford Avenue and north of Villa Way Apartments. (Continued from 7- 6 -77). Oliver Development Company. Blake Ridge Estates. Gonerally,located south of Vernon Avenue and west c.f Olinger Boulevard. PRD -3 Planned Residential District to R -1 Single Family Residence District. (Continued from 7-- 6 -77). Dale Johnson Builders. Lots 14 and 15, Hyde Park 1st Addition. 6000 Bonnie Brae Drive. Whiteman Second Addition. Generally located at 6000 Fox Meadow Lane. 3. Subdivision Phillip Smaby. Woodbury Park Second Addition. 5 -77 -16 and Generally located east of France Avenue and South Rezoning Z -77 -15 of West 55th Street. R -1 Single Family Residence District to R -2 Two - Family Residence District. -� 4. Rezoning Rainbow Management Division. Generally located Z -77 -16 at the southwest corner of W. 51st Street and France Avenue. R -1 Single Family Residence District to SR -4 Senior Residence District. IV. Adjournment. 0 1-77- / -, July 29, 1977 MEMORANDUM TO: Warren C. Hyde, City Manager_ Mayor and City Council FROM: Harold Sand, Assistant Planner SUBJECT: James R. Otto's Appeal of an Administrative Decision. Mr. Otto's June 24, 1977, statement does not completely or accurately document the events that have taken place. The differences between a variance and an appeal of an administrative decision were detailed in the first conversation with Mr. Otto. It was explained that a variance was a request for an excep- tion from the literal provisions of the ordinance to allow a specific reduc- tion in requirements and that an appeal of an administrative decision was an objection to the staff interpretation of the ordinance. It was further ex- plained that a variance requires a $50.00 application fee, drawings to docu- ment the proposed structures, and an explanation of unique circumstances that justify the variance and that.a notice to surrounding property owners.within 200 feet was.mailed for a public hearing. An appeal of an administrative deci- sion required no drawings or explanation of the circumstances, no application fee was charged, and no notice was mailed to surrounding property owners. However, because proper notices have not been sent, a variance could not be con- sidered at a hearing that had only been scheduled for an appeal of an admini- strative decision. The composition of the Board of Appeals and Adjustments, the deadlines, meeting dates, and further appeal processes were explained to Mr. Otto which is customary procedure. Mr. Otto expressed concern that the easterly adjacent property owner may object to a variance. He also was concerned about the delay this procedure may cause and did not want to prepare drawings that may not be approved. May 19, 1977, the staff received an application to "waive any interpretation of. the ordinance that requires a side lot line be designated a rear lot line subject to a 25 foot setback" (emphasis added). No drawings or application fee accompanied the application and therefore Mr. Otto was scheduled for an appeal at the next meeting. The minutes of that meeting are attached. HS:nr �Y t� y � � r. T �` < < 36.54 'fCS Ti .71 D j�! • v �, f' r 14 °+ ,i� a�7 x8933 ` 9S 4 2 -'n W—i- -zt r84.jj j CO gat ; i t AOp o°. V,� >` W NI 4-1 ' {'�,:�• � % •�?•�' :■ si .1 a a'i9 i)'c .. 2 ,�. -.., • o!/ •eM,� �� `' +�. .; • , F.r 3 �4ti_'�C' ',r �� '.,7 Yr i� el _�;`� d� — yit_ %. /�. I ���9 - �5 =,;c .� '.�. :% •,/ f w '.� 3,66 Jl ��. lo •.V -. ri'�.`;' *' / °`d ••tea ,��'� r,1 57 y S oii�9 n' � .p�V :� -i•_. � -V3 .y' it 1/� •_ ,r,•'q' � v,-: Q ' � . • °. c ,,•. � I1 , �- - ",,•� `� ;� _� '`; 6\ , .. _ .w t tit :.�.. -'b:.. •'� s. V �` cL 5 '^: �� gyp, � � / I W i �:� 2,, .;°.� ?�• ��i °' V . e o . '� C.� � � Ins I`.1 �� : :`. -.1 ,'•; 1�1 �� I and' ^C •�;' �fy sl` 9 Ngq,.r "F7 'w 379.:4'' • B `V cd.n F',r' O UTS 0 T 5 NN 7 • . }�e• h�� � - 7,0 .1� \ Dot 1.�a,..Y m ^' U —71 varian.ce REQUEST NUMBER: B -77 -15 LOCATION: 6324 Brookview Avenue REQUEST: Appeal of an Administrative decision regarding rear yard setback. village manning deamrtment Alaaire of edin-a EDINA BOARD OF APPEALS AND ADJUSTMENTS STAFF REPORT June 16, 1977 B-77-15 James R. Otto. 6324 Brookview Avenue South. Request: Appeal of an. administrative decision. Subject Property: 7136 Mark Terrace Drive. Lot 4, Block 1, Braemar Parc. Refer to: attached petition, Braemar Parc preliminary plat, minutes and covenants. The proponent is the individual that originally platted the subject prop- erty in 1974. At that time, there was considerable concern from the staff, and Planning Commission that the property should be platted into three.lots,:not the four lots proposed, because of the topography, vegetation,. unusual shape and .surrounding lot sizes. The City Council approved the four -lot plat after lengthy assurances from Mr. Otto that the four lots were reasonably buildable. The evi- dence included green .space easements, front yard setbacks, and potential building locations. The building location on this lot indicated a 25 foot setback from the east property line which was relied upon by the staff and apparently the neighbors. The proponent is now appealing an administrative decision that required ..the rear yard to be measured from either the east or west line and the other line be considered-an interior side line. The proponent would like.the east and west lines to be side property lines and the rear setback measured as a radius from the intersection of the..two "'sides. ". Mr. Otto has not submitted any proposed site plan or other supporting evidence to the .staff. Apparently, he does not anticipate. attending the Board meeting. Recommendation: The staff would point out that this request is an. appeal of an administrative decision not a variance. No application fee or mailed notices are sent and therefore discussion of a variance is not possible at this meeting. The staff has interpreted the lot to be the. same as a corner lot with two non - right -of -way property lines, one of which must be a rear lot line. The only other possible interpretation would be to call both property lines rear and measure 25 feet from both fines. HS: nr CARDARELLE & ASSOCIATES, INC. LAND SURVEYORS I Seale : 1 Inch = 50 feet / NORTH . denotes Iron monument / Bearings shown ore assumed / of a Q% D a 1 / CLi Lr!va0, c Y ., "zs I L_ 111 1 I u 1 �3 I a' I L_ L :J i =1 z° h' v I � }+tom o P Ac I L_ 111 1 I u 1 �3 I a' I L_ L :J i =1 z° I � C-11 111 ar{f II ily .._ I f� 1 D. to gat dr. 2n be aet by by . Ja: !e. t*. t®: co= St The Pu: Thi the Th1 dn� D. to gat dr. 2n be aet by by . Ja: !e. t*. t®: co= St The Pu: Thi the Th1 dn� 869.53 VK T O a 17 a 5G o LA i O �� 32 LI JAMES R. OTTO 6324 Brookview Avenue Edina, kinn. 55424 June 14, 1973 Mr. Greg Luce Village Planner Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Subdivision - Tract A, Registered Land Survey #1246 Dear Mr. Luce: I am enclosing herewith a topography map showing the location of the four lots that I believe are appropriate for the area under consideration and also showing the topography that would involve the actual homesite on each lot. You will note from the enclosed topography layout, revised as of June 13, 1973, that the individual homesites are all -35 feet deep by 60 feet wide, for a total area of 2,100 square feet. All sites are set back 35 feet from Mark Terrace and 30 feet from Valley View Road. You will note that all home sites where excavation would take place involve a grade of not to exceed eight feet in 35 feet. The grade for the next 30 or so feet to the rear of each building site would likewise not exceed approximately eight feet in 35 feet. It would therefore appear that this grade and topography is consistent with many residential home sites throughout Braemar Hills and Indian Hills. The village ordinance to the best of my knowledge does not provide any public guidelines with regards to elevation of the property to be platted at the homesite position. The substantial number of homes that have been built on homesites that have an elevation greater than the property in question. at the homesite level would indicate that there has been no consistent application of any rules pertaining to elevation. It would accordingly appear that any decision that the topography does not lend itself to four homesites would be based upon r Mr. Greg Luce - 2 June 14, 1973 arbitrary guidelines that have not been applied to other property owners in the past and apparently not publicized so that purchasers of property can be forewarned of the rules or ordinances affecting the subdivision of property. I might mention here the elevation of the rear property fpr each of the sites. Site #1 has a maximum rise of 13 feet in 65 feet. Site #2 has a maximum rise of 14 feet in 70 feet. Site #3 has a maximum rise of 22 feet in 80 feet with a substantial sized side yard. Site #4 has a maximum rise to the rear of the property of approximately -eight feet depending upon the location of the building site.. It is my understanding that all lot sizes meet the village ordinance as far as total square footage and meet all other. ordinance requirements. There are three.sewer connections and -water connections on Mark Terrace to serve the property. .There is one sewer connection and one water connection on the north part of Valley View Road to serve Site #4. The maximum f "follows: Site #1 Site #2 Site #3 Site #4 ront - 140 - 100 - 200 - 200 footal feet feet feet feet 4e for each of the four sites is as on Valley View Road on Mark Terrace on Mark Terrace on Valley View Road The front-.footage is consistent with the front footage of adjoining subdivisions that have•previously been approved by the Village of Edina. I am more than flexible in negotiating on your suggestion of. 12 feet of Site #4 should be donated.for roadway purposes. The present public road, as I recall, is approximately 33 feet. An additional 12 feet would seem unnecessary. I have been advised that the present roadway is completely on the property in question and does not conform to the platted dedicated street. Considering this fact, it would be appropriate for me to consider dedication of that part of the roadway presently on the property and that part of the property in question that is substantially east of the present roadway. In this connection, it would appear appropriate for the Village Engineer to survey that road as it appears to have been established without consideration as to the boundary lines of Bror Road. I, however, 1 .4 41 - . 91 Mr. Greg Luce - 3 June 14, 1973 do feel that requiring 12 feet of Site #4 towards the crown of the hill is adverse to the building site and would constitute a hardship to myself in developing this homesite to my stais- faction. Considering that the road will only benefit private property to the east, it would appear that the Village's position should be flexible in this respect. I fail to understand, however, why the site in question should be burdened with a dedication of an additional road when it already has 200 feet frontage on Valley View Road, and the proposed dedica- tion would benefit oply the property owners to the east. At the Planning Commission meeting last month, you also mentioned the esthq;tic impact of four homesites in a wooded area. This area is more wooded than the area in Braemar Hills, or for that matter in Indian Hills. The property has been zoned for residential use; its highest purpose is residential use. The trees that will be cut down for the actual homesites can be kept at a minimum by any restrictions that can be put on the plat. Green areas can be indicated on the plat so that the natural environment is maintained to its fullest. To suggest that cutting down a few more trees for four homesites as opposed to the trees necessary to be cut down for three homesites 'would be an arbitrary decision,as to the best of my knowledge no guidelines have been established or any village ordinance or in any published rules in this respect. Considering Oak Wilt.Disease throughout Braemar Hills, and considering the number of dead trees in the area already, it would not appear that this concern is of any major consequence. The alternative to four homesites isp of course, three homesites in excess of- 20,000 square feet per homesite. Because of the triangular shape of the property in question, there would be two homesites on Mark Terrace, one having approximately 160 feet of front footage on Mark Terrace, and the other having approxi- mately 240 feet of front footage on Mark Terrace., The homesite on Valley View to the north would remain 200 feet. Requiring three lots with such extensive front footage will obviously limit the market - ability of the property to a few individuals who are willing to live in Edina and have their children attend school in Eden Prairie. Such a requirement appears to me to be unreasonable, arbitrary and without concern to the financial implications to the property owner. I would appreciate your considering the matters I have discussed above, keeping in mind that I am very flexible in working with you with regards to green areas, with regards to actual location of the lot lines, and with regards to negotiation on any public road that appears to be more in the interest of the property owners to the east than to the Village. Mr. Greg Luce - 4 June 14, 1973 Considering I was not aware of any requirements prior to purchase of this property, considering elevations or trees, I would appreciate your furnishing me by return mail the ordinance, the legal rules or the public guidelines upon which you rely in suggesting that the plotting of the property into four lots of approximately equal size is not in the best interest of the community in which it is located. I would appreciate this information by return mail so that I can review it prior to the next meeting of the Planning Commission. Y urs tr y, JAMES R. OTTO Enc. /f. �,�:(:7 Vii; I i' ••(.� �,,,',,. �� 1 j���1' 1 �� /��iti...� __._ 1 •_ •����tJ��! _l'- -� •�� � rr9, /.off' d •'� ! �' r i `I T `/ � // - /f /F i / //t .rte % // 1 �T� ••, Jj • . • r / � J ! �' tii� �• -J.•v� ' // v /= i y t0�'!•' {/t�1" Si1C I00 G- Cif S 7 i IL 19 aco •`� ,\ ��,;� �`'�" � ,•tip}. 1 ;. � i i •�.i •• �r r . e RESTRICTIONS WHEREAS, "The Bishop Whipple.Schools, a Minnesota non - profit corporation, is the fee owner, and James R, Otto and Beth D. Otto, husband and wife, are purchasers under contract for deed, of all lots in the plat known as "Braemar Parc ", situated in-the County of Hennepin, State of Minnesota, to -wit: Lots One (1) to Four (4) inclusive, "Braemar Parc ", according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said Hennepin County, Minnesota;-and WHEREAS said fee owner and purchasers under contract for deed desire to impose certain building and use restrictions upon said lots, _. NOW, THEREFORE, in consideration of, =the benefits to. them,- and to their heirs, successors and assigns, "The Bishop Whipple Schools" and James R. Otto and Beth D. Otto do hereby impose the following restrictions upon said lots: 1) All those portions-of lots 2, 3 and 4, located more than 110 feet from Mark Terrace Drive are hereby designated "restricted area" in which there shall be: No building or improvements of any kind or nature, whether permanent or temporary, including fences or.other types of barriers; No excavations, removal of soil or.stones, defacement or other alteration of the natural topography of the land; No. removal or destruction of live trees having a diameter .(six inches above their base) of three inches or more; No keeping or storing or placing of any man -made object or device; except with the express approval and written authority of the Village , of Edina. ahx ��..��, �• OtLa , �'� �r��►,9. The Village of Edina.may at•any time plant any additional trees it deems desirable in the "restricted area" to maintain or improve the public view. This restriction shall run with the land and be binding upon all owners of lots 2, 3 and 4 until released by the Village of Edina. j 2) All building setbacks shall be in compliance with applicable village ordinances, or as may be permitted under duly authorized variances therefrom. 3) No new building shall be erected, placed or permitted to remain on any lot until the building plan and the plot plan showing the external design and.location.(including setback measurements on four sides and the elevation of foundation above street grade) of the proposed building shall have been approved in writing by James-R. Otto or his designee, or in the case of his death by the Planner of the Village of Edina. Approval or disapproval shall be'based solely on the conformity of the design and location to the general development of a high standard residential neighborhood, and approval shall not be unreasonably withheld. Plans shall be submitted in advance of construction, and James R. Otto, or in the case of -his death the Village Planner, shall Have ten (10) days thereafter in which to issue his decision of approval or disapproval. Failure to act within said ten•(10) day period shall be conclusively deemed to constitute approval. If no action to enjoin construction shall have been commenced prior to completion of the building, approval- shall be waived and full compliance with this paragraph shall be conclusively presumed. All construction shall be completed within one year from issuance of the building permit. 4) No structure of a temporary character, trailer, basement, tent, shack, or other shelter shall be used on any lot as a residence either temporarily or permanently. 5) No trailer, motor home, boat, snowmobile, rubbish or garbage cans shall be kept or stored on- either a temporary or permanent basis- on the lot except inside a garage attached to the single family residence (temporary is defined as any period,in excess of 10 days per month) 6) Easements for drainage and for installation and maintenance of sewer and public utilities are reserved as shown on the recorded plat. 0 • 7) Each lot may be used only. for single family residential purposes. 8) No noxious or offensive activity or improvement shall be permitted upon any lot, nor shall anything -be done thereon which may become an annoyance or nuisance to the neighborhood. 9) No soil, sand or gravel shall be sold or removed from any lot except for the purpose of excavating or grading for the construction or alteration of a single family dwelling or garage attached thereto. If James R. Otto shall so direct by timely notice to the owner, all excess material created by such construction or alteration shall be hauled and deposited on other lots within the plat designated-by James R. Otto. 10) Unless otherwise indicated herein, these restrictions shall run with the lard and be binding upon all owners of lots in said subdivision for a period of ten (10) years from the date hereof, . after which time they shall be automatically extended for successive. periods of ten (10) years until an instrument signed by a majority " of the then owners of lots in said plat has been recorded, changing or revoking the provisions hereof, in whole. or in part. Such power of change or revocation shall not extend to the provisions in -paragraph 1 of the restrictions. 11) Enforcement shall be by proceedings at law or equity against any person or persons violating or attempting to violate these restrictions, either to restrain violation or recover damages. Invalidation of any one of these provisions by court order shall in no way affect any of the other'provisions which shall remain in full force and effect. i / �-77 -15 James R. Otto. 6324 Brookview Avenue South. Lot 4, Block 1, Braemar F�✓ - Parc. REQUEST: Appeal of an Administrative Decision. V� prop erty °\ Mr. Sand showed a graphic of the property concerned and explained the P P the proponent in 1974. He said there was considerable discussion platted _ was platted by Corimission felt the property should be _ at that time as staff and the Planning vegetation, unusual into three rather than four lots because of the top proponent had had a strong _ shape of the lots and the surrounding lot sizes. The e P P argument in favor of four lots and had indicated it was buildable which illustrated 1pos- ort this argument, the proponent submitted adra To supp lot ghad a 25 -foot setback sible building locations on aler1eswhicheha subject relied upon by the staff and -- illustrated from the east property line surrounding property owners. Mr. Sand said the proponent is now appealing staff's interpretation of of the ordinance requiring the rear yard to be measured from either the east or the west line and the other line to be considered the interior side lot line. He noted that this request was not a variance but an appeal of an administrative decision which does not require an application for or notices mailed to surrounding property owners. He indicated the proponent would like the east and west property lines to be considered side lot lines, with the rear setback measured as a radius from the intersection of the two "sides." Mr. Sand said staff could come to one other conclusion besides the original interpretation, wherein both lines are treated as rear lot lines and there is a 25 -foot setback from each line. He said staff recommended denial of the appeal. Mr. Otto was not present at the meeting. Following short discussion, Mr. Runyan moved for denial of the appeal. Mr. Shaw seconded. All voted aye. Motion carried. j James R. Otto NOTICE OF APPEAL OF AN VS. i City of Edina ADMINISTRATIVE DECISION I To: City of Edina 4801 West 50th Street Edina, Minnesota 55424 WHEREAS, an application for variance was filed with the assistant city planner requesting a variance from the requirementsof the City of Edina for a private residence to be built on Lot 4, Block 1, Braemar Parc, be modified for the reasons stated therein; and . WHEREAS, Mr. Harold Sand, without knowledge of the under - signed or without agreement of the undersigned, set this matter for appeal before the Board of Appeals orA adjustment; and WHEREAS, on June -16, 1977, said Board of Appeals ariladjust ment met and denied the appeal of the administrative decision that determined that the city ordinances of the City of Edina requires a 25 foot set -back from either of the si;Ae lot lines of Lot 4,.Block 1, Braemar Parc in view of the fact that said lot did not have a rear lot line; and WHEREAS, it appears that the decision of the assistant planner of the City of Edina requiring a 25 foot set -back line from either of the side lot lines of Lot 4, Block 1, Braemar Parc is arbitrary, capricious and constitutes an uncompensated burden on the property and has deprived myself of the equal protection of the law, which generally allows a ten foot set -back on either side lot line; and WHEREAS, it does not appear that said determination of the planning department restricting the use of my property was reason- able under the circumstances and discriminated against my use of the property; and WHEREAS, the city ordinance should have been interpreted by the city planner to require that no private dwelling can be constructed to the rear of a line drawn from a point on the west side lot line 25 . feet from the most northernly portion thereof to a point on the east side lot line 25 feet from the most northernly point thereof. NOW, THEREFORE, IT IS HEREBY REQUESTED That the Edina City Council review this matter and order the planning department to approve the construction of a private residence on any portion of subject property.excluding the rear 25 feet thereof as defined above and exclud- ing any portion of the property within ten feet of either s•de lot line. a JAMES R.,OTTO Owner of Premises L. MEMORANDUM In April of this year I discovered that the City of Edina maintains a sanitary sewer on Lot 4, Block 1 Braemar Parc. No sewer easement had been obtained by the City of Edina and said sewer presently exists at the sufferance of myself. The attached drawing indicates the location of said sewer and the proposed sanitary sewer easement area. The existance of this sewer line 'and the fact that the sewer is subject to future construction maintenance alterations, repairing, reconstruction, etc. has affected the buildibility of the lot. I no longer feel it practical or prudent to construct the dwelling ten feet from the easterly side lot line, which if done, would have centered the proposed residence equidistant between the adjoining homes on each side. I have therefore been forced by the existance of this sewer and the ramifications thereof to construct this dwelling on-the westerly portion of said lot, the result of which will be to have said dwelling approximately 20 feet from the residence to the west and approximately 80 feet from the residence to the east. It is my opinion that the aesthetic value of the residence I build on this property will be significantly increased by keeping said residence more than ten feet from the west property line which the planning department has refused based upon their interpretation of the current ordinance. The City of Edina has clearly placed on this property uncompensated burdens, which in my opinion, are not only unfair, un- necessary, unreasonable bUt also constitute the taking of property . without compensation. JRO 2 ' CARDARELLE & ASSOCIATES, INC. LAND SURVEYORS / l'J 1 L.J ♦ i cal I h I Scale 1 Inch = 50 feet NORTH o denotes Iron monument / aN I Bearings shown are assumed / �oH "1�O C11 N� 17 , �♦ i — 6 �� 6�1 f, i v' / l �� 6 ♦, ,� " a0 r 0 33 ✓` \� !� tx \ m L- :J 1 pl 4f �- /�P ° a „ v3 O S� �o ,s 1 9 yj Z Z Yi I � � Q 1 I 24. - -� I c c,i n r=r a yn I W i41CdS r a� I� -prap � v 6I� EARDARELLE & ASSOCIATES, INC. � -AND � SURVEYORS I \ ( 6 N X \ � oI X. ' lSJ F 6\ i LM' LaJ \ i cal '♦ I I Scale : 1 inch = 50 feet / _ I -_J ' I' .SJ -- NORTH o denotes Iron monument / \ W� I L.J 1 Bearings shown are assumed vk aAO j / N O CO 0 0 -41 _ o P I \\ ev f � X �9 N \ io 7 vi 94 I CY i I V NO o 0d' I- / 0 ft° mss , X' J �l♦��� ♦ p• 9 L -- 1 -D, {I St I nx 1111 9 \ ( 6 N X \ � oI X. ' 6\ Cwt C L -- 1 -D, {I St I nx 1111 Cwt �'J '♦ LIJ _ <1 CARDARELLE & ASSOCIATES, INC. LAND SURVEYORS I _ I 1 `IJ GAT 1� •J La_ Scale I inch = 50 feet NORTH o denotes Iron monument / I P + Bearings shown are as N 17 � , `♦ i / 66 gym' 0 . Q / h �° r - — •�C� x � ,i yx I I �_i c \•: fkH v Gr \ 6 S- � 2 3 0 0 f&4 rim r ln r_rQre rz.•7i Brs /9C? �<\,c�v OSS 1 S u � � • Se � r ��rrer- 3. -Pro � l °n 6k9 \ a� 00 r 1 M Hal¢ ea . Aft "♦ ap V, ryi __J i —. _ 0 �2�9• K• __ 1 RF.S(1T.TTTTnN WHEREAS, the following described property is at present a single tract of land: Lots 14 and 15, Block 1, Hyde Park; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: All of Lot 15, Block 1, Hyde Park, and that part of Lot 14, Block 1, Hyde Park, which lies Easterly of a line drawn from the Southeast corner of Lot 14 to a point on the North line of said Lot 14, distant 5.00 feet West of the Northeast corner of said Lot 14; and Lot 14, Block 1, Hyde Park, except that part of Lot 14 which lies Easterly of a line drawn from the Southeast Corner of Lot 14 to a point on the North line of said Lot 14, distant 5.00 feet West of the Northeast corner of said Lot 14; 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 purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, IT IS HEREBY 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 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 subdivision 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 1st day of August, 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 August 1, 1977, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 2nd day of August, 1977. City Clerk RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lots 14 and 15, Hyde Park 1st Addition; and WHEREAS, the owner has requested the GUSTAFSON, GUSTAFSON 8c ADAMS. P. A. July 28, 1977 Ms. Florence Hallberg City Clerk City of Edina 4801 West 50th Street Edina, Minnesota 55424 RE: Paulsen Subdivision Dear Florence: Enclosed please find a redrafted Resolution pertaining to-.the recently subdivided Jerry Paulsen property. The revision is simply for.the purpose of clarifying the legal description -on Ahe previously adopted Resolution. Some minor changes were made to the legal des- cription to both correct and simplify the same. The parcels which were outlined on the plot_eplan and approved by the City Council have not been changed. The legal descriptions have simply =been modified to conform precisely to said plat plan, as previously approved. I discussed this matter this afternoon with Gordon Hughes, and he has approved my request. Please`arrange for .thi's, matter to be on the Agenda for next Monday's meeting. If you have any questions whatsoever; please do not hesitate to call me. Very truly yours; . GU SON, GUSTAFSON DAM A: Gregor D. Gustafson GDG lmf Enc. HAND DELIVERED ATTORNEYS AT LAW SUITE 411 7400 METRO BOULEVARD HARRY GUSTAFSON MINNEAPOLIS. MINNESOTA 66436 WALTER C. GUSTAFSON TELEPHONE (612) 836 -7277 MICHAEL J. ADAMS GREGORY D. GUSTAFSON - JOHN M. BUJAN July 28, 1977 Ms. Florence Hallberg City Clerk City of Edina 4801 West 50th Street Edina, Minnesota 55424 RE: Paulsen Subdivision Dear Florence: Enclosed please find a redrafted Resolution pertaining to-.the recently subdivided Jerry Paulsen property. The revision is simply for.the purpose of clarifying the legal description -on Ahe previously adopted Resolution. Some minor changes were made to the legal des- cription to both correct and simplify the same. The parcels which were outlined on the plot_eplan and approved by the City Council have not been changed. The legal descriptions have simply =been modified to conform precisely to said plat plan, as previously approved. I discussed this matter this afternoon with Gordon Hughes, and he has approved my request. Please`arrange for .thi's, matter to be on the Agenda for next Monday's meeting. If you have any questions whatsoever; please do not hesitate to call me. Very truly yours; . GU SON, GUSTAFSON DAM A: Gregor D. Gustafson GDG lmf Enc. HAND DELIVERED 1 LOCAT�ON MAP 111" ARCR RY,�:�a RANGE ar:.•�r. • jti3 •y lot divisiorl, REQUEST NUMBER: LD -77 -13 LOCATION: 6000 Bonnie Brae Drive. REQUEST: Lot division to adjust-the existing lot line. y�l1 . Rlanning dellutmcni v'�Be of edina EDINA PLANNING COMMISSION STAFF REPORT July 27, 1977 III. New Business: 1. Lot Division Dale Johnson Builders. Lots 14 and 15, Hyde LD -77 -13 Park 1st Addition. 6000 Bonnie Brae Drive. Refer to: attached graphic. The proponent requests a lot division to re -align the lot line between Lots 14 and 15, Block 1, of Hyde Park 1st Addition. This lot division will relieve the necessity of obtaining a side yard variance for the construction of a dwelling on Lot 15. Recommendation: Staff recommends approval of the proposed lot division. GH:nr 7 -21 -77 ' Plwoosca' L o/' Di loa r` 171oase L oco f��o�7 Tor Dole dofir)sor? B(wldel-6 L o f /5 ;��arl o;', L& M H ), P14 Rid Sca /e /"- ,zO. ,/uy 1-3, /977 . r. ,4 00 �' -- ds oo — I I I f� I C O1 15 " / '4233 v ?b? I l G '•s7oz 0 90r7121'e Bro e Dpi ve Minutes of the 7 -27 -77 Planning Commission Meeting, page III. New Business: 1. Lot Division Dale Johnson Builders. Lots 14 and 15, Hyde Park 1st LD -77 -13 Addition. 6000 Bonnie Brae Drive. Mr. G. Hughes explained the general location of the property. He said the proponent is requesting a lot division similar to one heard by the Commission ap- proximately two months ago, wherein he would re -align the property line between Lots 14 and 15, adding an additional five feet to Lot 15, to avoid the necessity of obtaining a side yard setback variance upon the construction of the dwelling.. He further said staff recommended approval of the proposed lot division as they could see no apparent problems with the request. Following brief discussion, Mr. S. Hughes moved for approval of the requested lot division. Mrs. McClelland seconded. All voted aye. Motion carried. Applicant: r PETITION FOR LOT DIVISION AI S O Date 7—)'/-77. Phone: Address: ��' /o6 Owner (s) = — =/� �/� 0 (as listed on the warranty deed) Address: AI X t'; k;4 ;r c Phone: Buyer(s): ,�ivtwtFs p L RNA J r (as proposed to be on warranty deed) Address: ��7 d �! • Phone: The original tract of land propose to b liyided esci7ibed as follows: •• The following parcels will be made from the division of the above described tract of land: yc 4)V ID . T1S9 -r 1-24A7- d , lUT` %/� /X �' /7C� �� �ii� G� GI G r.. 45 S i s % /�1 l� / L. e �w S r ,� , o �( >�{�o rti1 TX-f ��o o e r rG /� �G / A / f - - _0 /V Th F /irRT/J I,Iq d F &A lb Ld 7` /� � � 5 7 -41V 7- a d to e /y. t,5Ls 7- 6 R IX /Z o 9:'/5z' -/�>. G.6 7` %� Gib /1 iC�i //-S �S!���c� �� ! �iN�- h/ I `'o l No �ii� �D %'— /�f 7G /�D i T• �Sf} -� T /� 01 S 7` -,q-1y T `, 6 /) T CDC ANo 4, U s/��� 4 7' /4 , ' Signature of icant J ' f _,__ �^� �•GC.�2 �2- tic -C°!� a-cl `-3-� �7�G'�� 4e- a�e��.c�r.Ge�c) Cx_ c9 , 141 _ Cet Y' GtA-f i� AW 3 J� a4 � � �Gi7 � - - - ►� O S-O ' h-, a-�4 �r- 8-n•.P �p . fir/ J 07 .��:IV July 20,,1977 Ms. Florence Hallberg City Clerk City of Edina 4801 West 50th Street Edina, Minnesota Dear Ms. Hallberg, There is attached a.signed petition from residents on Inglewood Avenue in St. Louis Park and Edina. The petition asks that the two cities cooperatively review the traffic hazard problem on Inglewood Avenue and jointly determine a solution for early 'implementation. It would be appreciated if you would bring this to the attention of the Edina City Council in order that it may be officially and properly referred to the appropriate department.- A similar.petition has been.sent to Mr. Dave Rudberg, Acting City Manager, City of St. Louis Parka As the matter proceeds to a conclusion,. I will be pleased to serve as communications liaison between the residents and the city government departments if information would be made available to me. Sincerely, �ard ernelius 4008 Inglewood Avenue Edina, Minnesota 55416 Attachment cc: Mr. Dave Rudberg P E T I T I O N FOR JOINT GOVERNMENTAL ACTION We, the undersigned residents of Inglewood Avenue, respectfully request assistance from the city governments of Edina and St. Louis Park to resolve a hazard to the safety of our families. The safety hazard we refer to is the careless and irresponsible movement of motor vehicles south on Inglewood Avenue over what is commonly known among many youthful drivers as "Suicide Hill." A sharp. decline in grade commences at the city limits of the two communities and continues south until it reaches level ground at the 4008 residence. At the present time, a thru -stop stop sign is maintained at the top of the hill and two school- caution signs have been placed on each side of the roadway to warn motorists traveling south that a safety hazard exists. These warning devices are ignored by the motorists described above. The traffic incidents which have alarmed residents customarily occur several times each month, and involve motor vehicles traveling at high speed (40 -50 mph) to the south; they make no stop or deceleration in speed, leave contact with the roadway at the crest of the hill, touch ground at the bottom of the hill and curve to the right on the left -front and rear wheels of the vehicles as they continue south on Inglewood Avenue. Any object, whether human or inanimate, cannot be seen by the drivers until the moment of near - collision. Usually, these incidents include multiple trips over the same course by the drivers. Several years ago, an accident occurred as a high -speed vehicle, traveling south on Inglewood, collided with 'a vehicle which was exiting from a driveway at 4002 Inglewood. Fortunately, no human life was lost in this accident but considerable damage to the vehicles resulted. The severity of the accident must have been communicated among the abusive drivers group as the number of "joy rides" diminished, up until this summer when the pace of incidents resumed its past frequency. The undersigned residents insist that corrective action be taken to remove this safety hazard before the loss of human life occurs. Increased police patrolling by the communities would be viewed as an inadequate response to the problem as most incidents occur in random order after the area has been checked for police presence; an additional stop sign on the left side of the roadway was maintained for some time but also proved inadequate to deter the traffic abuses; closing the street to thru- traffic or designating it as a one -way roadway to the north would present problems for home servicing or street maintenance. One possible remedy is the annual construction of "speed- bumps" on the road surface at several points north of the present stop sign. We request that the engineering departments of the two cities jointly study the safety hazard problem and take corrective action as soon as possible -- preferably before the school term reopens in late August. Please help us avoid a serious tragedy. Dated ,bXA 11 -7 7 Signed, <Akw at jp � Inglewood Avenue at Yao y Inglewood Avenue at yDQ y Inglewood Avenue ea,'� �hL �J at 40/,;, Inglewood Avenue at Inglewood Avenue at 3 C106 Inglewood Avenue ,► 0 nglewood Avenue P E T I T I O N ,�L Z�� I If at #V 14 Inglewood Avenue "Z= at �D /6 Inglewood Avenue at Inglewood Avenue at Inglewood Avenue at Inglewood Avenue L at Inglewood Avenue at Inglewood Avenue (Copy for City of Edina) -2- 1'1PIL ktP - :it f v1, CL LFNT`ER �pTESPOSim MIi?L)L.Em1Ul , N , VA 22645 t . ! �A western union Z - 7. us.Maa m 2- 145031U211010 07/30/77 ICS WA05504 MPSB, 0.0764 rLTN VA 07/30/77 ® MAYOR JAMES VAIN VALKE P49URG CITY HALL E D I N A MN 55424 HOUSE VOTE WEEK OF AUGUST IS ON ENERGY BILL HR8444, HOUSE PUBLIC WORKS SUBCOMMITTEE ON TRANSPCRTATION CHAIRMAN HOWARD AMENDMENT WILL INCREASE GASOLINE TAX 5 CENTS WITH HALF OR $20 BILLION ANNUALLY EARMARKED FOR LOCAL PUBLIC TRANSPORTATION SERVICES AND FACILITIES HR8444 AND HOWARD AMENDMENT CONSISTENT WITH USCM POLICY. YOLR - SUPPORT ESSENTIAL. IMPERATIVE, YOU CAN OR TELEGRAM YOUR CONGRESSMEN TODAY AND URGE SUPPORT OF HOWARD AMENDMENT AND FINAL PASSAGE OF HR8444, INFORM US OF YOUR ACTION, USCM CONTACT HUGH MIELDS (202) 293.7572, JOHN J, GUNTHER 00:33 EST MGMCOMP MGM T(D Rf- PI Y R N-^ :.I "(1,'';:., ":1. =:(ii f'!c'Tkci F ",IrF_ FOR b';'f STUIN U`;If)N'S TOIA 1 =1'Fr HARRY GUSTAFSON WALTER C. GUSTAI'SON MICHAEL J. ADAMS GREOORY D. GUSTAFSON 001 -IN 1-1. BUJAN July 19, 1977 GUSTAFSON, GUSTAFSON & ADAMS. P. A. ATTORNEYS AT LA \V 2 7� SUITE 411 LU f 7400 METRO BOULEVARD •�� MINNEAPOLIS. MINNESOTA 06436 1� 1,1r. Jerry Dal en Edina City Hall 4801 'vest 50th Street Edina, r1innesota 55424 TELEPHONE (612) 836 -7277 RE: DeMarsh - Tax Split 6422 -24 Vernon Avenue South Dear Mr. Dalen: w Enclosed please find my letter dated Marcie 17,1977, reflecting my telephone conversations prior to that date with both Mr. Ken Swanson and Mr. Tom Erickson. Subsequent to march 17, I had further conver- sations with both the DeMarshes and Mr. Swanson relative to the proposed tax split and the issue of special assessments for connection charges against their property. On those occasions, fir. Swanson agreed to spread the additional specials against tale property over a ten (10) year period at 8% interest. The DelMarshes have now agreed to such a proposed settlement to this long pending problem. The alternative to them is to appeal directly to the City Council for partial or permanent relief from the proposed connection charges. The DeHarshes have chosen not to appeal this matter to the City Council, but would prefer to have the specials assessed, equally, against their two (2) parcels and to have the tax statement in connection with said parcels issued immediately reflecting said allocation of these new special assessments. I am directing this letter to you in light of the fact than lent was no longer with the City. If you have any questions or problems with this matter, please call me. GDG:1 ni Enc. cc: Mr. and Mrs. David DeMarsh Mr. and Mrs. Albert J.DeHarsh Very truly yours, GUSTAF�Q'N, GUSTAFSON of ADAMS, P.A. regory D.(JGustafson GUSTAFSON, GUSTAFSON & ADAMS. P. A. March 17, 1977 Mr. and Mrs. David DeMarsh 6424 Vernon Avenue South Edina, Minnesota 55435 Re: Tax Split /Homestead Exemption /Connection.Charges Dear Mr. and Mrs. DeMarsh: 2 have been in contact with both Mr. Tom Erickson the Edina City Attorney and gent Swanson, the Edina City Assessor in connection with the above-captioned _ matter. I am happy to report that Mr. Swanson has assured me on the following two points: 1. You and your parents have satisfied all require- ments for two homestead exemptions commencing with . taxes due and payable in 1977. Although the home- stead exemption cannot be fully processed to the county until the matter on connection charges has been resolved., Mr. Swanson assured me that when the - connection charges have been resolved, the homestead exemption will be applied retroactive to the first of this year. In the event the first half tax pay- ment should be paid by you at the end of May before the homestead exemption has been applied by Hennepin County, you and your parents will both receive a credit on the tax statement thereby reducing the amount payable in November. 2. Mr. Swanson assured me that the tax statement for your two properties will be established by dividing the existing valuation by two. There is no basis for a revaluation and Mr. Swanson assured me that no attempt will be made to reassess your property or your parents property or to otherwise deviate from the previous valuation. Mr. Erickson and I still do not agree on the le al basis g for the City assessing you the additional connection charges. Mr. Erickson now owes me a letter in which he agreed to fully set out the authority for his position. It is my advice at this ATTORNEYS AT LAW - SUITE 411 7400 METRO BOULEVARD HARRY GUSTAFSON MINNEAPOLIS. MINNESOTA &&485 HALTER C. GUSTAFSON TELEPHONE (613) 885 -7377 MICHAEL J. ADAMS GREGORY D. GUSTAFSON JOI-IN I.I. Buj ;4'I March 17, 1977 Mr. and Mrs. David DeMarsh 6424 Vernon Avenue South Edina, Minnesota 55435 Re: Tax Split /Homestead Exemption /Connection.Charges Dear Mr. and Mrs. DeMarsh: 2 have been in contact with both Mr. Tom Erickson the Edina City Attorney and gent Swanson, the Edina City Assessor in connection with the above-captioned _ matter. I am happy to report that Mr. Swanson has assured me on the following two points: 1. You and your parents have satisfied all require- ments for two homestead exemptions commencing with . taxes due and payable in 1977. Although the home- stead exemption cannot be fully processed to the county until the matter on connection charges has been resolved., Mr. Swanson assured me that when the - connection charges have been resolved, the homestead exemption will be applied retroactive to the first of this year. In the event the first half tax pay- ment should be paid by you at the end of May before the homestead exemption has been applied by Hennepin County, you and your parents will both receive a credit on the tax statement thereby reducing the amount payable in November. 2. Mr. Swanson assured me that the tax statement for your two properties will be established by dividing the existing valuation by two. There is no basis for a revaluation and Mr. Swanson assured me that no attempt will be made to reassess your property or your parents property or to otherwise deviate from the previous valuation. Mr. Erickson and I still do not agree on the le al basis g for the City assessing you the additional connection charges. Mr. Erickson now owes me a letter in which he agreed to fully set out the authority for his position. It is my advice at this 4 Mr. and Mrs: David DeMarsh- Page Two March 17, 1977 time that we review said letter together after I receive it and determine at that time if the City Council might consider capitulation. It is my present feeling that it is at least worth presenting this matter to the City Council for its cofi - sideration. As I previously discussed with you, the City Assessor has previously indicated his willingness to extend the time period within which the connection charges may be paid from six years to ten years. Given the 8% interest rate and the. small amount.of the assessment, this is not much of a concession. However, the assessor cannot make any direct concession on his own authority. Any such concession must be made only by the City Council, which Council will obviously look to the City Attorney for guidance in this matter. I will keep you informed of all progress in this matter. Very truly yours, GUSTAFSON, GUSTAFSON & ADAMS, P.A. Gregory D. Gustafson Attorney at Law GDG:bk cc: Mr. and Mrs. Albert J. DeMarsh 6422 Vernon Avenue South Edina, Minnesota 55435 ]�Cf ., 3,/ TABULATION OF BIDS CITY -OF EDINA, MINNESOTA CONCRETE REPAIR WORK IMPROVEMENT NO. 77 -8 (ENG) Bids Opened August 1, 1977 - 11:00 A.M. LOCATION: Various locations throughout City. BIDDER BID AMOUNT Victor Carlson & Sons, Inc. $13,418.50 N O R T H E R N =UD STATES P O W E R C O M P A N Y NORMANDALE DIVISION 5309 WEST 70TH STREET EDINA. MINNESOTA 55435 July 27, 1977 Honorable Mayor and City.Council City of Edina 4801 West 50th Street Edina, Minnesota 55424 Gentlemen: The enclosed electric rate schedules reflect higher rates which became effective on June 20, 1977. These higher rates have been put into effect by NSP on a temporary basis as provided by Minnesota law. NSP has applied to the Minnesota Public Service. Commission for approval of the.higher rates. The requested rates will be in effect while the Commission is holding public hearings and making a final determination. Further notice regarding public hearings dates and locations will be published. The result of the hearings may be a final rate adjustment either upward or downward from those requested by NSP for any class or classes of service. If the overall revenues granted by the Commission are less than the revenues generated by the temporary rates, NSP customers will be refunded the difference plus interest. Electric consumption prior to June 20, 1977, will be charged at the rates in effect prior to this application. For further information, please contact your local NSP office at 941 -2992. Yours very truly, NORTHERN STATES POWER COMPANY r D. L. Anderson General Manager DLA:vg NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Rate Schedule A & C Minne3ota STREET LIGHTING SERVICE (COMPANY OWNED EQUIPMENT) Availability: Available for year -round illumination of public streets, parkways, and highways by electric lamps in luminaires supported on poles, where the facilities for this service are furnished by Company. Custom Residential service under this schedule is limited to residential areas having a Company owned underground electric distribution system. Rate: Designation of Lamp 175W Mercury 250W Mercury 400W Mercury 700W Mercury 1 OOOW Mercury Monthlv Rate Per Luminaire 70W High Custom Overhead Residential $ 6.70 $ 8.45 7.65 9.20 9.70 N/A 14.75 N/A 17.70 N/A 70W High Pressure Sodium $ 8.00 $ N/A 100W High Pressure Sodium 7.85 9.20 150W High Pressure Sodium 8.75 10.45 250W High Pressure Sodium 10.55 N/A 40OW High Pressure Sodium 13.70 N/A N/A - Not Available Service Included in Rate: Company shall own, operate, and maintain the Overhead and Custom Residential Street Lighting systems using Company's standard street lighting equipment. Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. Daily Operating Schedule: The daily operating schedule of the above lamps shall be from approximately one -half hour after sunset until one -half hour before sunrise. Outages: If illumination from any lamp is interrupted and said illumination is not resumed within 24 hours from the time Company receives notice thereof from Customer, 1/30 of the monthly rate for .such lamp shall be deducted for each night of nonillumination after such notice is received. 6 -77 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Rate Schedule A Minnesota STREET LIGHTING SERVICE (COMPANY OWNED EQUIPMENT) (Closed) Availability: Available for year -round illumination of public streets, parkways, and highways by electric lamps in luminaires supported on wood poles, where the facilities for this service are furnished by Company. Service under this schedule is limited to installations being served as of the effective date of this schedule. Rate: Designation of Lamps 1 500 Lumen Incandescent 2 500 Lumen.Incandescent 4 000 Lumen Incandescent 6 000 Lumen Incandescent 10 000 Lumen Incandescent F48EHO Fluorescent F48EHO Fluorescent F72HO Fluorescent F72HO Fluorescent F72HO Fluorescent F72EHO Fluorescent CITY OF MINNEAPOLIS PARK BOARD (Group I) 1 000 Lumen Incandescent 2 500 Lumen Incandescent SEASONAL LIGHTING UNITS Lamp 2 500 Lumen Incandescent 17514 Mercury 250W Mercury Number of Lamps Monthly Rate Per Luminaire Per Luminaire 1 $ 1 7.80 1 8.75 8.90 9.50 1 $ 9.15 2 11.55 1 7.00 2 10.70 4 15.10 4 19.50 1 $ 5.60 1 6.20 Rate Per Post Per Period of Operation $93.60 Less $.60 /Non - Burning Month 80.40 Less .60 /Non- Burning Month 91.80 Less .85 /Non - Burning Month Service Included in Rate: Company shall own, operate, and maintain the Overhead Street Lighting system using Company's standard street lighting equipment. (Continued on following sheet) 6 -77 4 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Rate Schedule A Minnesota STREET LIGHTING SERVICE (COMPANY OWNED EQUIPMENT) (Closed) (Cont.) Daily Operating.Schedule: The daily operating schedule of the above lamps shall be from approximately one -half hour after sunset until one -half hour before sunrise. Outages: If illumination from any lamp is interrupted and said illumination is not resumed within 24 hours from the time Company receives notice thereof from Customer, 1/30 of the monthly rate for such lamp shall be deducted for each night of non - illumination after such notice is received.. Public Telephone Booth Lighting Telephone Booth: Various locations served through Company -Owned overhead street lighting circuits. Rate: $2.10 per month plus $.21 for each 10 watts or fraction thereof in excess of 100 watts of connected load per booth per month. Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. 6 -77 NOMERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Rate Schedule B Minnesota STREET LIGHTING SERVICE (CUSTOMER OWNED EQUIPMENT) (Cont.) Where more than one of the above luminaires is mounted on a single standard, the monthly rate for each luminaire in excess of one shall be reduced by 25G (except as modified in Service Included in Rate - Group I paragraph). MINNESOTA STATE HIGHWAY DEPT. (Lowry Hill Tunnel Lighting) Operating Lamps Current (MA) Per Unit Day Night F96 T -12 Fluorescent (1500 MA) 2 1500 to 0 1500 to 200 800 to 200 430.to 200 40OW Metal Halide 1 8 Hour 40OW Metal Halide 1 9 Hour 1 OOOW Metal Halide (Customer Maintains) 1 AN Cost Per Unit Per Month $ 6.40 6.65 5.00 4.55 6.30 6.35 10.15 Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. Service Included in Rate: Group I Company shall furnish all electric energy necessary to operate customer's Ornamental Street Lighting system, shall make all lamp and globe renewals, clean the globes, light and extinguish all lamps, paint the metal portions of the standards and furnish all the materials and labor necessary therefor. At Customer's option Company shall make all ballast renewals in lieu of painting the standards; in which case the 25q, per luminaire reduction for more than one luminaire per standard, as provided for under the above Rate, shall not apply. Group II (Standards do not require painting and globes are unbreakable) Company shall furnish all electric energy necessary to operate customer's Ornamental Street Lighting system, shall make all lamp renewals, clean the globes, light and extinguish all lamps and furnish all the materials and labor necessary therefor. (Continued on following sheet) 6 -77 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Rate Schedule B Minnesota STREET LIGHTING SERVICE (CUSTOMER OWNED EQUIPMENT) (Cont.) Group III (Customer furnishes glassware and ballast) Company she "I fur:lish all electric energy necessary to operate customer's Ornamental Street Lighting system, shall make all lamp renewals, clean the globes, light and extinguish all lamps and furnish all the materials and labor necessary therefor. Customer shall furnish and stock glassware and ballast - Company shall furnish replacement labor. Daily Operating Schedule: The daily operating schedule of the above lamps on the All -Night (A:J) schedule shall be from approximately one -half hour after sunset until ane -half hour before sunrise, and on the Midnight (MN) schedule shall be from approximately one -half hour after sunset until midnight (Central Standard Time). Outages: If illumination from any lamp is interrupted and said illumination is not resumed within 24 hours from the time Company receives notice thereof from customer, 1/30 of the monthly rate for such lamp shall be deducted for each night of nonillumination after such notice is received. 6-77 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Rate Schedule B Minnesota STREET LIGHTING SERVICE (CUSTOMER OWNED EQUIPMENT) (CLOSED) Availability: Available for year -round illumination of public streets, Parkways, and highways by electric lamps mounted on standards where Customer owns an Ornamental Street Lighting system complete with standards, luminaires with globes, lamps and other appurtenances, together with all necessary cables extending between standards and to points of connection to Company's facilities as designated by Company. Service under this schedule is limited to installations being served as of the effective daca of this schedule. Rate: Number of Lamps per Monthly Rate per Luminaire Designation of Lamp Luminaire MN AN 2AN -2MN .24 Hour 1 000 Lumen Incandescent 1 $- $2.55 1 500 Lumen Incandescent 1 - 3.00 2 500 Lumen Incandescent 1 - 3.20 4 000 Lumen Iincandescent 1 3.95 4.30 6 000 Lumen Incandescent 1 5.00 5.45 10 000 Lumen Incandescent 1 6.20 6.95 15 000 Lumen Incandescent 1 7.40 8.40 F48EHO Fluorescent 1 - 3.50 V48EHO Fluorescent 2 4.30 4.70 F72HO Flourescent 1 _ 3.05 F72HO Fluorescent 2 _ 3.85 _ _ F72110 Fluorescent .4 5.75 6.25 6.00 _ F72EHO Fluorescent 1 - 4.15 _ - F72EHO Fluorescent 2 4.95 5.40 _ 6.55 F72EHO Fluorescent 4 - 8.75 8.20 _ Where more than one of the above luminaires is mounted on a single standard, the monthly rate for each luminaire in excess of one shall be reduced by 25C (except as modified in Service Included in Rate). (Continued on following sheet) 6-77 NORTHERN STATES POWER C0MPANY (MINNESOTA) ELECTRIC Rate Schedule B Minnesota STREET LIGHTING SERVICE (CUSTOMER OWNED EQUIPMENT) (CLOSED) (Cont.) Seasonal Lighting Units: Lamp 2 500 Lumen Incandescent 6 000 Lumen Incandescent 10 000 Lumen Incandescent 250W Mercury 400W Mercury Rate Per Post Pei: Period of Operation $38.40 Less $.h.! /Non- Burning Month 65.40 Less 1.2j /Non- Burning Month 83.40 Less 1.90 /Non - Burning Month 44.40 Less .85 /Non- Burning Month 58.20 Less 1.40 /Non - Burning Month Service Included in Rate: Company shall furnish all electric energy necessary to operate Customer's Ornamental Street Lighting system, shall make all lamp and globe renewals, clean the globes, light and extinguish all lamps, paint the metal portions of the standards and furnish all the materials and labor necessary therefor. At Customer's option Company shall make all ballast renewals in lieu of painting the standards; in which case the 251,, per luminaire reduction for more than one luminaire per standard, as provided for under the above Rate, shall not apply. Daily-Operating Schedule: The daily operating schedule of the above lamps on the All -night (AN) schedule shall be from approximately one -half hour after sunset until one -half hour before sunrise, and on the Midnight (MN) schedule shall be from approximately one -half hour after sunset until midnight (Central Standard Time). Outages: If illumination from any lamp is interrupted and said illumination is not resumed within 24 hours from the time Company receives notice thereof from customer, 1/30 of the monthly rate for such lamp shall be deducted for each night of non - illumination after such notice is received. Public Telephone Booth Lighting Telephone Booth: Various locations served through City -Owned ornamental street lighting circuits. Rate: $2.10 plus $.21 for each 10 watts or fraction thereof in excess of 100 watts of connected load per booth per month. Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. 6 -77 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Minnesota TRAFFIC SIGNAL SERVICE Availability: Available to municipal, state, and federal govenments, their agencies and subdivisions, (to exclusion of other rates) for operation of traffic signals, and direction and warning lights along streets and highways, for traffic regulation and guidance as distinguished from street lighting and general illumination.. Rate: Customer Charge per month $2.50 Demand Charge per Month First 5 kW or less -0- Excess kW - per kW $4.10 Energy Charge - per kWh 4.660 Fuel Clauses: Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly PAInknum Charge: $2.50 Surchsargo: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. beterminction of Demand: The demand in kW for billing purposes shall be the greatest 15- minute load during the month for which bill is rendered. For billing purposes the demand shall be adjusted to the nearest 0.1 kW. The demand may be determined by test. Special Terms and Conditions: The customer shall supply the service wires run in conduit up the nearest pole or to some other point designated by the Company near the signal. The necessary meter loops and cabinets must be supplied by the customer. 6 -77 NOMERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Minnows MUNICIPAL PUMPING SERVICE Availability:. Available to municipal owned water works and municipal sewage systems for operation of pumping and treatment plants. (Rate schedule applied separately to each delivery point) Rate: Oct -May June -Sept First 2 000 kWh per month - per kWh 3.580 3.95 Next 2 000 kWh per month - per kWh 2.930 3.28 Next 96 000 kWh per month - per kWh 2.290 2.66e Excess kWh per month - per kWh 2.11 2.48(, Fuel Clause: Bills subject to the adjustment provided for in Fuel Clause Rider No 1. Monthly Minimum Charge: First 1 hp or less of connected load $1.50 Excess hp of connected load - per hp .66 Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. Power Factor: If the monthly power factor of any delivery point is less than 90% lagging, the kWh will be determined by multiplying the kWh actually supplied by 90% and dividing the product thus obtained by the power factor expressed in percent. The power factor for the month may be determined by permanently installed metering equipment or by periodic test under normal operating conditions. 6 -77 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Minnesota FIRE AND CIVIL DEFENSE SIREN SERVICE Availability: Available for power service for the operation of municipal fire and civil defense warning sirens having a rated capacity not in excess of 25 horse- power. Rate: 341� per month per horsepower of connected capacity Discount: None Minimum Bill: $1.70 net per month Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. Connection: Under the above rate the Company will make no extension for service other than a normal service span. Where conditions are such that a long service connection or extra transformer capacity, or both, are necessary, the customer shall either pay the entire cost of such extra equipment or pay a monthly facil- ities charge based on such costs. The circuit serving the siren must be in conduit from the entrance to the motor with an enclosed entrance switch box, which may be sealed and operated from an external appliance. Optional: In case the customer already has a service connection of sufficient capacity to permit operation of the siren without unduly disturbing conditions on the Company's nearby circuits, the siren may be connected at the option of the customer on the load side of the customer's existing meter and the commercial rate applied to the total load. 6 -77 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC Minnesota FUEL CLAUSE RIDER Fuel Clause Rider No. 1 There shall be added to or deducted from the net monthly bill 0.004 per kilowatt -hour for each 0.001a increase above or decrease below 0.554¢ in the Fuel Cost per kilowatt -hour sales. The Fuel Cost shall be the sum of the following for the most recent two month period: a. The fossil and.nticlear fuel consumed in the Company's generating stations as recorded in Accounts 151 and 518. b. The net energy . cost of energy purchases as recorded in Account 555 exclusive of capacity or demand charges, when such energy is purchased on an economic dispatch basis. c. The actual identifiable fossil and nuclear fuel costs associated with energy purchased for reasons other than identified in (b) above, less d. The fuel - related costs recovered through intersystem sales. The kilowatt -hour sales shall be all kilowatt -hours sold excluding intersystem sales. 6-77 _ NW, LIQUOR FUND ' BALANCE SHEET- CITY OF EDINA As at June 30, 1977 ASSETS CURRENT ASSETS: Cash: Demand Deposits $ 465,738.01 Working Fund 3,500.00. $ 469,238.01 Accounts Receivable 100.00 Loan To Other Funds 415,000.00 Inventory: Liquor $ 326,538.79 Winei 208,456.38 Beer and Mix 46,184.28 581,179.45 Prepaid Expenses: 4,119.66 Unexpired Insurance $ .Supplies Inventory 400.00 4,519.66 TOTAL CURRENT ASSETS $1,470,037.12 FIXED ASSETS AT COST: Land $ 152,518.85 Land Improvements $ 21,474.17 Buildings 481,643.80 Furniture and Fixtures 149,325.01 Leasehold Improvements 3,035.55 $655,478.53 Less: Allowance for Depreciation and Amortization 230,467.46 425,011.07 577.,529.92 Construction in Progress 57,924.09 635,454.01 TOTAL ASSETS $2,105,491.13 CURRENT LIABILITIES: Trade Accounts Payable Accrued Payroll Due To Other Funds SURPLUS: Invested in Fixed Assets Unappropriated LIABILITIES AND SURPLUS TOTAL LIABILITIES AND SURPLUS $ 136,888.93 4,459.03 141,347.96 3,188.50 $ 635,454.01 10252500.66 1,960,954.67 $2,105,491.13 LIQUOR DISPENSARY FUND COMPARATIVE STATEMENT OF INCOME AND EXPENSE CITY 01 EDINA h E A, 30 1977 and June 30. 1976 _ C= SAL S. 109,208.09 - = - 250,344.42_ 5.359,552.51 ="``7"- June30 116, 062.60 $ eICsS F;eF$ 243,489.91 42,537.56 EXPENSES 22,182.66 :7 6,365.62 19 892.13 - .='`^L 0E-' A71 48 440.41 5,902.85* Y t.'0 F; 218,953.44. 195,512.91 9,374.99 523,674.44 Six Mont s n ing , 214,596.83 219,022.28 606,153.16 63,325.96* 349.51* INCREASE- DECREASE° 23,509.37* 59,094.97 82,478.72* 59,888.04* 3,761.78 125.36 1977 '� Grandview ot a l. 50th St. Y�r1-d�le - Grandview Total- •'•50th St. Yorkdale_ Grandview Total $35,585.60 $142,367.36* 16.57 $913,611.25 240 345.08 -' $181,737.41 xk�,l.e $462,605.05 $413,916.79 $1,058,259.25 $249,790.43 $465,876.67 $380,830.25 $1,096,497.35 $ 68,053.02* 15,583.62* $ 3,271.62*$ 25,610.62 33,086.54 $ 39,563.88 38,238.10* 49,590.88 - - 54,900.60 189,337.27 156,735.43 400,973.30 335,893.18, 70,484.22 84,049.46 163,726.65 154,81.6.13 117,171.55 112,128.26 351,382.42 350,993.85 30,389.83* 3,600.15 11,689.01 15,100.67* $ 98,878.45 53,659.63 158,416.28 123,817.27 12 715.27 32 972.65 72415.74 15 325.13 11 727.66 34,468. 53 2 598.89* 115.40 987.61 1,495.88* 29,842..80 4 816.85 15 440.53 $525,799.13 $707,184.76 $1,E28,098.38 $411,739.85 $799,744.58 $621,857.72 $1,833,342.15 $116,625.36* $26,054.55 $ 85,327.04 $ 5,243.77* .12,832.71 9,087.02 28 205.81 26,146.17 - 63 439.00 7,870.58 $403,869.27 13 679.48 $786,065.10 11,082.31 $610,775.41 32 632.37 $1,800,709.78 1,216.44 $117,841.80* _14,526.33 $11,528.22 $ 15,063 .86 70,26'.18 $ 30,806.63 36,050.4C'- NE7 SA $ $797,593.32 $681,038.59 $1,764,659.38 $62,410.17 $ 196,851.01 $ 11,790.62* $ 343.03_$_ 1,222.66 $_10,224.93* $ 49,774.31 _ C= SAL S. 109,208.09 - = - 250,344.42_ 5.359,552.51 ="``7"- June30 116, 062.60 $ eICsS F;eF$ 243,489.91 42,537.56 EXPENSES 22,182.66 :7 6,365.62 19 892.13 - .='`^L 0E-' A71 48 440.41 5,902.85* Y t.'0 F; 218,953.44. 195,512.91 9,374.99 523,674.44 172,534.05 214,596.83 219,022.28 606,153.16 63,325.96* 349.51* 4,356.61 11,634.10* 23,509.37* 59,094.97 82,478.72* 59,888.04* 3,761.78 125.36 694 657.81 611,419.00 1,556 421.23 $2,080,095.67 357 693.93 $530,227.98 706 291.91 $920,888.74 552 324.03 1,616,309.87 $771,346.31 $2,222,463.03 60.45* 107 $170,675.47* $ 7,277.49* $35,585.60 $142,367.36* 16.57 $913,611.25 240 345.08 $806,931.91 224p771.77 581 179.45 184 292.56 266 131.02 251 703.95 702 127.53 68229.96* 25,785.94* 26,932.18* 120,948.08* 2,202.29* $673,266.17 $582,160.14 $1,498,916.22 750.14 4 766.12 $345,935.42 $654,757.72 $519,642.36 $1,520,335.50 $ 280,374.28 $102,445.51* $ 15,396.29* $18,508:4 5 $ 6,980.23* $62,517.78 $ $ 7,745.40 $ 21,419.28* 14,631.12* 881.78 $124,327.15 $ 98,878.45 $ 265,743.16.$ 57,933.85 $131,307.38 $ 91,133.05 3,524,83 $ 67,310.46 $36,156.71 $ 106,992.00 $ 4,661._56* $ 8,205.04 *$ 33,215.76 29,842..80 '.CENT - +0 Nri 5,+.-'ES:, . 85,241.22 28,048.63 32,574.63 25,886.90 86,510.16 5,865.97* 361.67* 641.13 2,614.80 3,955.90 1,897.51 1,268.94* 4,150.64 16,815.03 .12,832.71 _.::s 36,013.36 6;727.29 14,200.23 27 434.95 10,935.20 25,588.07 31,862.72 78 478.13 . 5 562.98* 2,912.90* 4,630.75* 13,106.63* 24 522.05 $ 74,552.84 20 957.32 $ 63,632.83 $ 65 371.50 186,626.08 25 455.11 $ 60,231 03 $ 74,209 81 $62,410.17 $ 196,851.01 $ 11,790.62* $ 343.03_$_ 1,222.66 $_10,224.93* $ 49,774.31 $ 35,245.62 $ 79,117.08 $ 2,297.18 *$ 57,097.57 $28,722.88 $ 83,523.27 $ 3,605.67* $ 7,523.26 *$ 6,522.74 $ 4,406.19* I s, CC 3,471.99 9,374.99 8,413.09 .21,260.07 3,621.53 8,071.05 5,805.71 17,498.29 149.79 1,316.57 2,683.38 83.00 3,761.78 125.36 c•er or under 25:24 43.88* 61.31 42.67 .55* 60.45* 21.69* 82.69* 25.79 16.57 518.75 518.75 518.75 750.14 -0- 2 201.03 2,202.29 1 649.81 -0- 6,053.13 518.75 1,450.89* 2,202.29* 1,649.81* 5,302.99* S 750.14 4 766.12 $ 9,331.11 $ 8,474.40 $ 22 571.63 $ 5 822.01 10 212.89 7,433.83 23 468.73 1 055.89* 881.78 1 040.57 897.10* 't"T 1NCOM. 1-,136.73* $ 59,105 42 $ 43,720.02 . 101,688.71 $ 3,524,83 $ 67,310.46 $36,156.71 $ 106,992.00 $ 4,661._56* $ 8,205.04 *$ 7,563.31 $ 5,303.29* '.CENT - +0 Nri 5,+.-'ES:, . 14.87% 15.59% 14.52% 15.06% 14.34% 16.70% 14.92% 15.57% _.::s 16.94 9.35 9.34 10.58 14.91 9.44 10.22 10.93 2.07 %* 6.24% 5.18% 4.48% .57%* 7.26% 4.70% 4.64% 1.67 1.17 1.24 1.28 1.44 1.29. 1.22 1.30 Nc 11 INCOME' 40%* 7 41% 6.42% 5.76% 87% 8.56% 5.92% 5.94% i" . .. s ALL FUNDS SURPLUS AND RESERVES CITY OF EDINA As of December 31, 1976 GENERAL FUND Reserve for Commitments: Capital improvements (street replacements) Capital improvements Concrete replacement Sidewalk construction Alley construction Bridge renovation Curb repair Planning Contingencies Improvements -City Hall Street name signs Contract work -lakes and ponds Accounting system Microfilm - equipment and supplies Backhoe and sweeper for bobcat Storage loft and rack Police- pension supplement Assessing - Schools Ornamental lighting Reserve for replacements: Sweeper Grader Floor hoist Beds -Fire Siren - Civilian Defense Unappropriated surplus REVENUE SHARING FUND 1977 budget item Unappropriated surplus POOR FUND Unappropriated surplus (deficit) PARK FUND Parkland dedication Unappropriated surplus (deficit) - SWIMMING -POOL -FUND - -- -- Unappropriated surplus (deficit) GOLF COURSE FUND Reserve for debt service (must be maintained, until all bonds are paid -1987) Unappropriated surplus $ 179,538 100,000 25,000 10,500 3,000 17,000 9,000 4,500 88,596 3,500 18,000 25,000 20,000 5,550 2,500 2,000 40,000 Z, 000 4,000 $ 8,500 8,500 1,400 9,000 1,500 28,900 $ 588,584 158,878 $ 747,462 $ 136,331 (47,867) $ 52,300 24,587 $ 150,000 147,520 $ 297,520 (1,940) 88,464 (16,393) 76,887 a ALL FUNDS SURPLUS AND RESERVES (CONT'D) RECREATION CENTER FUND (Ice Arena) Reserve for debt service (Must be maintained until all bonds are paid -1982) Unappropriated surplus (deficit) GUN RANGE FUND Unappropriated surplus (deficit) PARK SINKING FUND Unappropriated surplus (Not available until all bonds are paid -1981) PARK CONSTRUCTION FUND Reserve for construction CONSTRUCTION FUND Reserve for construction (Available, but presently being used for temporary financing of assessed projects) $ 36,500 (128,800) $ (92,300) PERMANENT IMPROVEMENT REVOLVING FUND Unappropriated surplus ( 100,000 loaned to Construction Fund for temporary financing of assessed projects, and $100,000 loaned to Recreation Center Fund (Arena) for construction costs) SANITARY SEWER N0. 53 FUND Unappropriated surplus IMPROVEMENT_ BOND REDEMPTION FUND Unappropriated surplus (Not available until all bonds are paid -1984) MUNICIPAL STATE -AID STREET BONDS FUND Unappropriated surplus (deficit) ADVANCE FUNDING HIGHWAY BONDS FUND Unappropriated surplus (Not available until bonds are paid -1977) WATERWORKS FUND Appropriated surplus (Not available until all bonds are paid -1980) Unappropriated SEWER RENTAL FUND Unappropriated surplus (deficit) LIQUOR DISPENSARY FUND Unappropriated surplus Less: Amount invested in merchandise inventory Loan to Golf Course Fund Loan to Recreation Center Fund (Arena) $ 56,550 1,015,470 $1,255,458 ( 9,548) 130,771 60,008 40,617 407,389 42,843 3,120,379 (424) 47,365 1,072,020 224,058 $524,075 245,000 170,000 939,075 316,383 TOTAL $6,551,561 I ALL FUNDS SURPLUS AND RESERVES (CONT'D) SUMMARY Available Contributions for specific purpose Reserve for debt service Improvement fund surplus - Temporary financing of construction projects Loans to another fund Reserve for capital improvements Appropriated for 1977 budget $2,401,210 136,331 276,121 3,167,744 40,617 100,000 279,538 150,000 TOTAL $6,551,561 GERRY SIKORSKI Senator 51 st District 9367 Otchipwe Stillwater. Minnesota 55082 and G -24 State Capitol Building St. Paul, Minnesota 55155 Phone: 296 -4700 Ii'— Ufil:7V\.11 1151 UUMiTs,"". State of Minnesota July 27, 1977 To: Metropolitan Area Citizens and Public Officials From: Senator Gerry Sikorski, Chairman Task Force on Metropolitan Affairs Senate Governmental Operations Committee The Task Force on Metropolitan Affairs of the Senate's Governmental Operations Committee will hold a series of regional hearings in August to get the views of metropolitan area citizens and public officials on two issues related to metropolitan government in the 7- county metro- politan area. The Task Force is interested in your views on whether the Metropolitan Council should become an elected body, and whether the provisions of the Administrative Procedures Act should be extended to cover the Metro Council and metropolitan agencies. You may_ testify on one or both of the issues. The hearing for citizens and public officials living in Metropolitan Council.districts 9, 11, 15 and 16 (Dakota, Scott, Carver and part of suburban Hennepin County) will be held on Wednesday, August 24th, in the Auditorium of Penn Junior High School, 2501 West 84th Street (corner of 84th Street and Penn Avenue), Bloomington, Minnesota at 7:30 p.m.. Those wishing to participate in the hearing should write the Task Force on Metropolitan Affairs, Room 205 State Capitol, St. Paul, Minnesota 55155, or call 296 -4175, so that you can be listed on the agenda. While it is not necessary to be listed on the agenda in advance, your cooperation will . help us to.accommodate all -those wishing.to testify.. If.you wish to submit written testimony, it should be sent to the Task Force on Metropolitan Affairs, Room 205 State Capitol, St. Paul, Minnesota, 55155. The deadline - - - - - -- --------.._..-- - - - -- for written testimony is September 2, 1977. Both Senator Chenoweth, as chairman of the Governmental Operations Committee, and I hope that these hearings will afford all interested citizens an opportunity to give their views on these important issues. CONINUTTEES • Commerce • Health, Welfare & Corrections • Judiciary • Transportation C.(,, ,( Z MINUTES OF THE ADJOURNED MEETING OF THE HOUSING AIJD REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA HELD TUESDAY, JULY 19, 1977 EDINA CITY HALL 1. Roll Call: Charles W. Freeburg, Chairman Lawrence W. Rixe Frederick S. Richards William F. Greer (arrived at 7:45 P.M.) Staff Present: Robert C. Dunn, Executive Director Gordon Hughes, City Planner Lynnae Nye,. Secretary 2. Approval of the Minutes of the July 5, 1977, H.R.A. Meeting. Mr. Rixe moved the July 5, 1977, H.R.A. minutes be approved as written and submitted. Mr. Freeburg seconded the motion, and upon roll call the following voted: Ayes: Mr. Rixe, Mr. Freeburg, Mr. Richards. Nays: None. Motion carried. 3. Proposed Southeast Edina Tax Increment District. Mr. Freeburg stated he attended the July 11th City Council meeting and requested clarification of what the Council was directing the H.R.A. to do. He reported the Council wants the benefit of the H.R.A.'s knowledge and expertise with regard to tax increment financing, and they want any thoughts or recommendations the H.R.A. might have regarding the establishment of a tar, increment district in this particular area. The Council further indicated they want the H.R.A.'s recommendations regardless of its future disposition. Mr. Freeburg presented several suggestions as "food for thought" and lengthy discussion was held. In reply to Mr. Freeburg, Mr. Dunn stated he consulted a member of the Dorsey law firm regarding the required tax increment district findings and conditions and whether it would be possible to make those necessary findings in this. particular situation. He stated it appears there would be no legal problem whatsoever in meeting the required conditions and establishing a tax increment district in Southeast Edina. Mr. Freeburg felt that if a tax increment district is apropos for this area, it should be limited to currently visible projects, those which are zoned and signed up, and future possible development should not be relied upon to pay off the bonds. Mr. Richards suggested that if the large district were established, the present low land values and tax base could be captured for all of the undeveloped land in the area. The H.R.A. generally agreed it would be reasonable to create the largest district (alternative 3), but that bonds should be sold in stages as specific development . proposals are presented and approved. In reply to Mr. Rixe, Mr. Dunn stated that the Southeast Edina Land Use Plan and the Housing Assistance Plan apply to this area and arc official City policy at this time. Mr. Freeburg noted that establishing a district and reducing land costs will result in less density, fewer units, and less traffic; in addition, subsidized housing would be precluded without the proposed land cost write down. Mr. Richards stated Page 2 -- 7 -19 -77 H.R.A. Minutes the City has agreed to try to meet and comply with the Metropolitan Council's guidelines, which call for the provision of subsidized housing in order to obtain federal funds. Mr. Freeburg observed that inasmuch as the City's Housing Assistance Plan calls for subsidized housing units in this area and the Southeast Edina Land Use Plan proposes potential multiple residential development, tax increment finance could be used to achieve lower densities and facilitate the construction of subsidized housing units. After lengthy themselves to tax If the City wants increment financh Southeast Edina. recommendations: discussion increment subsidized ig would be The H.R.A. the H.R.A. agreed the proposed projects appear to lend financing, and fir. Rixe made the following motion: housing, lower densities, and federal funds, then tax one method which could be used to finance a project in would, however, make the following comments and 1. According to the City's legal counsel, it appears the City would have no legal problems in making the findings necessary to establish a tax increment district. 2. The timing is such that if a district is to be created it should be created before the end of the year, since the tax increment statutes are expected to be substantially revised during the next legislative session. 3. Bond sales should be phased to coincide with development. Bonds should be issued only for development projects which are in hand, signed up, and ,properly zoned, so there is no question about the payback schedule. 4. Provided there is no problem with future, phased bond sales, the district should include the maximum land area to take advantage of present low land values and to avoid any further complications which might result from possible changes in the law. If bond sales cannot be phased, then the district should be limited to only those projects which have proper zoning and have been approved. Finally, the H.R.A. would request that the City Council either authorize or not authorize the H.R.A. to prepare.and implement the proposed tax increment plan for the establishment of a district in Southeast Edina. Mr. Greer seconded the motion, and upon roll call the following voted: Ayes:. Mr. Rixe, Mr. Freeburg, Mr. Greer, fir. Richards. Nays: None. Motion carried. 4. Adjournment. Mr. Richards moved the July 19, 1977, H.R.A. meeting be adjourned. Mr. Greer seconded the motion, and upon roll call the following voted: Ayes: 11r. Rixe, Mr. Freeburg, Mr. Greer, .fir. Richards. Nays: None. Motion carried. Meeting adjourned. Respectfully submitted, Robert C. Dunn, Executive Director %_ . =f AGENDA EDINA CITY COUNCIL REGULAR MEETING AUGUST 1, 1977 7:00 P.M. ROLLCALL MINUTES of July 18, 1977, approved as presented or corrected by motion of SC__ , seconded by S I. PUBLIC HEARINGS ON PROPOSED IMPROVE EM NTS Presentation by Manager and Engineer. Spectators heard. If Council wishes to proceed, 4/5 favorable rollcall vote to pass. (Continued from May 16, 1977) A. Grading and Graveling Improvement No. P -C -124 - Amundson Ave. from Cahill (��� �v Road to Dewey Hill Road " �� B. Street Improvement No. P -BA -226 - Amundson Ave. from Cahill Road to Dewey J Hill Road C. Grading & Graveling Improvement No. P -C -126 - Delaney Blvd. from Dewey Hill Road to W. 78th St. D. Street Improvement No. P -BA -227 - Delaney Blvd. from Dewey Hill Rcad to W. 78th Street II. REPORTS AND PUBLIC HEARINGS ON PLANNING MATTERS Presentation of Planning Department. Spectators heard. First Reading of Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should be waived. Lot Divisions, Plats, Buildable Lots, Flood Plain Permits and Appeals to Administrative. or Board of Appeals and Adjustments Decisions require action by Resolution. 3/5 favorable rollcall vote. rIh » Pu.- A. Lots 3 and 4, Auditor's Subdivision No. 172 - 4626 France Ave.. S. � Rezoning from R -1 Residential Dis ric to R -2 Multiple Residential n I14� District - Z -77 -11 (7/6/77) 's.t B. Gabbert and Gabbert Registered Lan Survey - West of York Ave. and North of W. 70th Street. 61c, S/ 1. Rezoning from C -4 Commercial District to C -3 Commercial District Z -77 -14 ni' 2. Preliminary Plat (7/6/77) w Lot 4, Block 1, Braemar Parc - Appeal --of dmini rative Deci;Ion - James Otto $ /lam J Eberhardt - 'Appeal of Decision of Board of Appeals - Sign Ordinance &J �-j l Edina Interchange Center Fourth Addition - Located West of Ohms Lane andj, North and West of W. 74th �� - G ��- C• 1. Final Plat Approval - S -77 -11 (Preliminary Approval 6/20/77) OEdina Interchange Center Fifth Addition - Located East of Cahill Road and South of Dewey Hill Road O /C 1. Final Plat Approval - S -77 -12 (Preliminary Approval 6/20/77) G' Lots 14 and 15, Hyde Park 1st Addition - 6000 Bonnie Brae Dr. (Dale Johnson Builders) 1. Lot Division - LD -77 -13 (7/27/77) D �< 11. Set Hearing Dates 1. Rainbow Management Division - SW corner W. 51st St. and France Ave. R -1 Residential District to-SR-4 Senior Residence District - 'Z -77 -16 (7/27/77) S1,5- - 4%S 2. Oliver. Development Company - Blake Ridge Estates - Located South of Vernon Ave. and West of Olinger Blvd. PRD -3 Planned Residential District to R -1 Single Family Residential District and Plat - S -77 -14 and Z -77 -13 (7/27/77) 9-115- �/s I. Jerry's Enterprises, Inc. - Change in Legal Description for Lot Division (South and East of Vernon Ave and West of Brookside Ave. between Grocery Store and Hardware Store) (Minutes of 6/6/77) e1s- August 1, 1977, Agenda Page Two III. COMMUNICATIONS — S C / A. B. C . D. Inglewood Ave. Traffic Problem -14'� L -'I' C. Wesley Andersen - Morningside Water Pressure- 100% Petition - Waterman Ave.. Cul -de -sac - Authorize Improvement No. C -127 Petition for Curb and Gutter - Concord Ave. between W. 58th and W. 60th St. IV. RECOMMENDATIONS AND REPORTS A. Connection Charge - Lot 3, Block 1, Gleason 3rd Addition -- WM- 186 /SS -277 B. Restraining Order - Fence at 5017 Windsor Ave. 1U� C. Minimum Lot Size Requirements Policy Lots 7 and 8, Griffis Subdivision of Block 18, Mendelssohn Addition - Addition.to Minutes of 6/6/77 j E Commission and Board.Appointments� Retirement Policy - PERA /ICMA G. South Hennepin Human Services Council - Position Paper and Annual Report (Continued from 5/2/77) -• •• 9l /,;)- ': �• /s_ \ H. Northern States Power Rates - e3" `� _Y , �-S- I. Informal Bids - Concrete Repair '�"-f°°`{" 8 _ (f/s. J. Authorize Purchase of 2 Underbody Scrapers K. H.R.A. Minutes of 7/19/77 - Southeast Edina Tax Increment District L. Senate File 1507 - Lt,­�,4 M. Order of Council Business N. Supreme Court Decision on Grandview Cemetery P o 0. Senate Hearing on Metropolitan Council Affairs P. Special Concerns of Mayor and Council Q. Post Agenda and Manager's Miscellaneous Items V. ANY OTHERS DESIRING TO BE HEARD BY COUNCIL VI. FINANCE A. Liquor Report as of June 30, 1977 r B. Surplus and Reserves as of December 31, 1976 C. Claims Paid: Motion of S _, seconded by , for payment of the following claims per Pre -List: General Fund, $83,320.88; Poor Fund, $18,795.35; Park Fund, $2,810.45; Art Center, $127.35; Park Construction, $5,393.00; Park. Sinking, $3,930.00; Swimming Pool, $3,037.19; Golf Course, $8,020.00; Recreation Center, $35,264.14; Gun Range, $168.72; Water Fund, $24,939.34; Sewer Fund, $1,655.69; Liquor Fun $160,01.7.07; Construction $116,687.09; I'BR Fund, $2,2'20.45; Total, $4 ,386.7?" /D ""' A-L �O,3 Aa CL II Z . ,_ ___ - -__ _ �__�'�.�., -ems �_ ____ -_ __ - --._ _�..__�_- _ __ -_ - �_ . _ -___ _,_ _ _ ___ __ __ � _ __ _:�_ -__r _ __ - __ � - __ - - -� - -mow. _0✓!��� 1 �• � _ _ _w�'�'� -alp t�asc T P _ i . L e �. _�� � x q` 1 .. - - - -- - - - -- - � - -- - - -� � - - -- - - -- -- - - - - - -- --- -- - -- °� = -- K - - -- �i ---- - - - - -- I - - - --- - - - - -- - =- - �- - - -- --=- -- -------- - - - - -- - -- -- -- 1 - -- - --- - -- - - -- - -- — �_.. __ - -- — -- — - -- — - -- — -- — �- - I - - - - -- -- - - - - - - -- - -- - . --- - - - --- --- - - - - -- - - _- -- - -- - - -- - -- --- - -- - - - -- . J --- - - - - -- ------ �-- - - - - -- -- - _ - - - -- - -- - = -- -- - = - �_-= �------ - - - - -- __ l� �I _ - _ � __ LA ZA Al CIA- R Nvx Tj- - _®r -_Q - -•�-�: -- - - - _� /- cam•. -� tO `yam � � L 4 �L-i' � ✓• '^+.�' V %� -D' - -- -- -'�� ,, 11 - - - .- - - -- 1j. - s_ �. - - -- : -7LO -- - . LL V t�,� 1 --_ � -- - -�- - -- — - — ---- - - —= —� — — -- — ' —a —�— — —vv =— — - - -- — -- oa -- - - �Q--- - -- �-y-�, -� -, - -- - - - - - - -- - - 77 ' • . G _ -- ' .lam • ' I� � /O -- �-- - =- - - w- = ! - - - -- - - - =�- - -- - V_ -- -- - - - - -- `LA __ - - -- _ jo4 ,- I 20 0 -_ -- - -� LU _ -. 3 . L-7- = - - -- ter' - z�--- -- -- - -- 1 ------------ ------------------ - - - - -- - - - - - -- - - - -- ------------ - - - - -- - It jtj� r Ar C-- - - `_ - -- - -- - - -- ' -_-6, _ G C.�. - r CD r -- ------------------------- �77 ti T1 47 i ! .. _._ � �- �L. _ GSA._ - - -- --T-� � - � V/j - /�� �/ _ / -�,� / _ -� 6'_-- - . - -- - - -; - �-- G -��� -- - - -- - - - =- -� _---__ - ____ . -� - � l .� �. ____ ____ -Z� _ ___ __ - _ ; �� � �._- . _ - _ J _I 2 - _ - � � . -- h � - ------------- -------------------------------------------------- - ------------------------------ It LU 1-�� - 9 -3 It l - _' -�_� -_ _ _______• __� -rte ,�__ _ -_�.._ -�` - - eq TA-, . 0 - - r - -- -. - - - - - -� - -- ti`s- Imo'- - - - - -- - -- o - -- - - - -. c t - — - - -- -r -- - -- - -" -�'- Tf s SOUTHEAST EDINA TAX INCREMENT DISTRICT PLAN TO BE PREPARED. Mr. Dunn called.Council's attention to the H.R.A. Minutes of July 19, 1977, in which the H.R.A. requested the Council to "either authorize or not authorize the H.R.A. to prepare and implement the proposed tax increment plan for the establishment of a district in Southeast Edina ". Councilman Richards said that he thought that at its last meeting the H.R.A. had indicated that if something is to be done in the area, the tax increment district makes sense and that it should be used as a financial vehicle, but that only the Council could decide as to whether or not the City feels it is important to create an H.R.A. district in Southeast Edina to meet other policies and criteria that are in existence today, i.e., low and moderate income housing. He clarified that if the Council decides in the affirmative, then the H.R.A. should seriously consider which of the three( afternatives should be used for the tax increment financing district. He recommended that the Council now direct Mr. Luce, with the understanding that the project is not going to cost the City one cent, except for the legal fees, to prepare a plan for the largest area and that, hopefully, that plan would enable the H.R.A. and Council to meet jointly and determine which size area should be developed if the tax increment district is, in fact, approved. Mr. Hughes said that the Planning staff has already developed plans for the area and recommended that the Council meet with the H.R.A. on August 2, 1977, to review the basic information included in those plans. Councilman Richards emphasized that the Council has seen nothing of the largest proposal and that all of the facts must be available so that they will know the economic impact on the City before they decide on any of the plans. Mr. Luce said that his.. client, Ryan Construction Company, felt some urgency because of the possible changes in the possible changes in the tax increment law. He recalled that, at the Council Meeting of June 20, 1977, he had indicated that the smallest plan would be paid in four years (1981), that the middle plan would be paid by 1982 and that he is relying on the Council and the staff to tell him just what should be included in the largest plan. He spoke of traffic and tax problems in the area, but estimated that all of the plans could be accomplished within 4z to 6 years. e He said that he would prepare the largest plan for consideration. Motion of Councilman Shaw was seconded by Councilman Courtney, directing Mr. Luce and the staff to prepare a plan for the ax increment district.,ti Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None ,,)) Motion carried. (Motion for I -A thru D) Motion of Councilman Richards was seconded by Councilman Courtney, that the hearings on Improvements Nos. P -C -124, P -BA -226, P -C -126 and P -BA -227 be continued until September 12, 1977, to give the City Attorney an opportunity to determine whether or thy' �ro not it would be legal to approve only j. portion of the project /__ ____:= acquisition if it should be authorize of the Johnston property .(which would be assessed against the entire project /at a d later date) And :. ;.so:_that the._:Engineers and the Planning C on can make a recom- mendation as to whether or not the Southwest Edina should be retained,- .andlor amended Q4 Ayes: All C�,�S t 4 ALSO - HOW DO I WRITE THE FINAL PLAT FOR EDINA INTERCHANGE CENTER 4TH ADDITION? Just as usual and not sign it until the hardshells arq in as approved? (See minutes of 7/11/77) k"o ALSO - HOW ABOUT THE ORDER OF COUNCIL BUSINESS? DID YOU SAY I NEED A RESOLUTION? I 1 THOUGHT WE TALKED ABOUT AN ORDINANCE REPEALING SOMETHING OR OTHER (Agenda I em IV -M) y nl 4 / _