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HomeMy WebLinkAbout1977-11-21_COUNCIL MEETINGy AGENDA EDINA CITY COUNCIL REGULAR MEETING NOVEMBER 21, 1977 7:00 P.M. - j ROLLCALL MINUTES of October 17,1977, approved as submitted or corrected by motion of , seconded by I. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk. Pre- sentation by Senior Management Consultant. Spectators heard. If Council wishes to proceed, action by Resolution Ordering Improvement. 4/5 favorable rollcall vote to pass. A. Malibu Drive in Interlachen Hills 3rd Addition 1. Sanitary Sewer Improvement No. SS -346 2. Watermain Improvement'No. WM -330 3. Storm Sewer Improvement No. ST.S -158 4. Street Improvement No. BA -231 II. PUBLIC HEARINGS ON PLANNING MATTERS Affidavits of Notice by Clerk. Pre- sentation by Planning Department. Spectators heard. First Reading of Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote' to pass Second Reading or if Second Reading should be waived. Lot Divisions, Plats, Flood Plain Permits and Appeals from Administrative or Board of Appeals and Adjustments decisions require action by Resolution. 3/5 favorable roll= call vote to pass. A. Rauenhorst Corporation - NW Quadrant of France Ave. at W. 76th St. (Cont. from 9/12/77) 1. Zoning Change - First Reading - PID Planned Industrial District to C -1 Commercial District - Z -77 -12 (7/7/77) 2. Preliminary Plat Approval - Normandale Park Addition - S -77 -13 (7/7/77) B. Zoning Ordinance Amendment 1. Senior Citizen Residence District Ordinance Amendment C. Rainbow Management Division - SW Quadrant 51st and France. Ave. (Cont. from 10/17/77) 1. Zoning Change - Second Reading a. Ordinance No. 811 -A102 - R -1 Residential District to Senior Citizen Housing District D. Ryan Construction Company - East of York Ave., West of Xerxes Ave., North of W. 76th St. and South of W. 74th St. extended. 1. Zoning Change - First Reading - R -1 District to PRD -3 Planned Resi- dential District Z -77 -17 (11/2/77) E. Dwight Williams Park (Edina Mills) - W. 50th Street at Browndale Ave. 1. Zoning Change - First Reading - R -1 Residential District to R -1 and HPD Heritage Preservation District - Z -77 -19 (11/2/77) F. Braemar Hills 9th Addition - East of Gleason Road extended and North of W. 78th Street 1. Zoning Change - First Reading - PRD -2 to R -1 and R -2 Residential Districts - Z -77 -18 (11/2/77) 2. Preliminary Plat - S -77 -25 (11/2/77) G. Taft Addition - West of Blake Road and Scriver Road extended 1. Preliminary Plat - Lots 35 and 36, Auditor's Subdivision 325 S -77 -23 (11/2/77) H. Deckas Addition - South of Vernon Ave. and-West of Olinger Road- S -77 -18 1. Final Plat Approval I. Set Hearing Dates 1. Year IV Community Development Block Grant Program III: SPECIAL CONCERNS OF RESIDENTS IV. RECOMMENDATIONS AND REPORTS A. Traffic Safety Committee Minutes of November 15, 1977 B. Colonial Church of Edina - Concerns C. Feasibility Report - Set Hearing Date D. Notice of Claim - W. F. Pepper (August 30 Storm) E. County /City Public Health Agreement F. Municipal Water Supply Edina City Council Agenda November 21, 1977 Page Two 0 G. Hennepin County Emergency Communications Organization - 911 H. Police Physical Fitness Decision I. Para Transit and Subsidized Taxi J. Edina Foundation K. January 1 Newsletter L. Respread of Metropolitan Levies M. Special Concerns of Mayor and Council N. Post Agenda and - Manager's Miscellaneous Items V. AWARD OF BIDS Tabulations and recommendations by Senior Management Consultant. Action of Council by Motion. A. Chairs for Art Center B. Precast Cement Roof for Art Center C. Public Improvements D. Garbage Collection 1. Morningside Area 2. City Properties 3. 50th & France Business District VI. ORDINANCES First Reading requires offering of Ordinance only. 3/5 favorable rollcall vote to pass Second Reading. A. Second Reading 1. Ordinance No. 761.- Licensing & Inspection of Hotels, Motels, etc. VII. ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL VIII. FINANCE A. Claims paid: Motion of , seconded by , for payment of the following claims as per Pre -List: General Fund, $55,124.89; Park Fund, $3,535.69; Art Center, $1,396.27; Park Construction, $2,,126.72;. Golf Course, $2,463.52; Arena,$4,092.95; Gun Range, $495.50; Water Works, $3,959.16; Sewer Fund, $72,824.87; Liquor Fund, $354,501.87; Construction, $139,877.17; IBR, $1,250.00.; Total, $642,048.37 DIVISION OF MOTOR VEHICLES HIGHWAY BUILDING OF MINNE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY SAINT;PAUL...SS1SS October 21, 1977 _ Jarl N. Dalen Deputy Motor Vehicle Registrar 4801 West 50th Street Edina, MN 55424 Dear Mr. Dalen: An excellent review of your office was submitted by Dennis Norland. His report indicates that you are outstanding in the execution of your duties as a Deputy Registrar. The staff at our Central Office agrees with that assessment. The.applications submitted are complete and accurate. You file your reports in compliance with state law. The prompt, courteous service you extend your customers, the general efficiency of your office, and the cooperation you give our office are all of.immeasurable value. The quality of your work makes our job easier and allows the entire work flow to move a little faster. As a result, your customers receive their titles faster and the public image of both our office and yours is enhanced. I wanted you to know that all of us here-at the Division appreciate your efforts.. Thank you for doing'an'excellent job. Sincerely, � i K. A. DirkzwE(g r, Driver and Vehicle Services Director KAD: alp: me AN EQUAL OPPORTUNITY EMPLOYER . GEORGE W. WELLS 4640 EDGEBROOK PLACE MINNEAPOLIS. MINNESOTA 55424 326.4343 October 24, 1977 Mr Ken Rosland, Director Parks &.Recreation, Edina, Minn- 55424 Dear Mr Rosland, ` J Alt �1 4el__ IC . c A belated "thank you" for your recent phone call bringing me up to date on the fate of the old Edina mill site at Williams Park. The decision to restore the park to its pre digging appearance was a sound one and merits my thanks as well as that of many neighbors who have shared my concern regarding the recent activity there. I have lived at my present address for almost 25 years, am proud of my community, am available to serve you and the Council of Edina any way you can use me, and at the same time i do not hesitate to express my feelings toward projects in the community and the various services we expect. 'lease convey my appreciation to the Council or anyone else involved in the final decision re the old mill and Williams Park. GMi VJ Sincerely, WIII� 1 ►II yi November 16,. 1977 To: Mayor and Council From: Kenneth E. Rosland, City Manager Subject: HECO and 911 Attached are two memos regarding HECO. These memorandums as stated are background information regarding emergency communications and 911. Mr. Hyde in the past has kept you posted on this project. They are now requesting money for the studies needed which for a city of our.size is $4,400. Bob Buresh and I have met several times and believe.strongly that we must be involved. If we do not enter into this total study now, there is a threat of communities breaking into smaller groups and the whole project becomming even more expensive. I have also asked Bob Buresh to be totally involved in the study. Although the memo indicates there is much to gain, we here in Edina could very easily lose. I am sorry I can not -beat your meeting to make.this,request, but I do feel strongly we should cooperate and be actively in the middle of the study. KER:md HENNEPIN EMERGENCY COMMUNICATIONS ORGANIZATION TO: All HECO Members FROM: Staff DATE: November 2, 1977 SUBJECT: BACKGROUND INFORMATION The following material was developed at the request of the Executive Committee for your use when presenting the request for dues to your governing board. Police communications, or more precisely the effective use of radio technology, has been a subject of discussion and controversy ever since the two -way radio was first used by police. As the technology and equipment have become more . sophisticated, generally, the police became more adept at making full use of these resources. However, in recent years technological advances have not been fully used due to extremely high costs and, perhaps more importantly in our own jurisdiction, the limited number of radio frequencies has severely hampered the implementation of changes which could insure a more effective use of radio tech- nology. At the present time there are a number of agencies in Hennepin County that are sharing police radio frequencies which are so congested by normal use that the full benefits of two -way radio systems are not possible. In simple terms, no additional frequencies are available and alternative solutions must be found. -- -- - - The most straightforward solution is the redistribution and sharing of the avail- able radio frequencies. This sharing can take the form of two or more adjacent communities sharing a single radio frequency with each maintaining its own dis- patching center; or there can be "clustering" in which two or more communities share a radio frequency and use one dispatching center with the costs of dis- patching being shared among the participants; or there can be full consolida- tion where all public safety dispatching takes place-in one center and all com- munities pay a fair share of the operating costs. Even though the solution seems simple, there was no mechanism whereby the vari- ous communities in the county could cooperatively institute change without peripheral issues such as parochial interests, competition among agencies and suspicion as to motives getting in the way. The result was a lot of talk and speculation, but no action. In response to these problems, the Hennepin County Criminal Justice Council Communications Steering Committee initiated a series of planning activities which resulted in a recommendation to create an organization wherein all members participated as co- equals with adequate safeguards to assure user control. The organization that evolved was the Hennepin Emergency Communications Organi- zation (HECO), a joint power organization with 23 member units of government which range in size from the city of Medicine Lake to the city of Minneapolis. November 2, 1977 Page Two A review of the joint power agreement highlights why HECO was created. It was created to plan for the "reallocation and the greater sharing of the frequency channels available... "; to explore the feasibility "to have the several existing dispatch facilities consolidated into a:lesser number, with one centralized facility possibly providing enhanced public safety services and the best opportunity for application of current and future technological developments "; to develop "a plan and operating.procedures for an integrated and coordinated public safety communications system which includes county- wide 911 telephone service...." In addition, the agreement provides a means to operate such a center or centers . should that be the decision of the HECO Board and to assess the operating costs to.the participating members based upon an established formula. HECO as an organizational entity exists and appears theoretically able to make significant improvements in public safety communications but, like a rocket without fuel, it is a very static achievement. Just as the rocket needs fuel to do the job for which it was intended, HECO needs "fuel" to ac- complish results. The "fuel" needed for HECO is a mixture of participation, cooperation and resources. Each member of HECO has been asked to consider a request for dues to under- write the cost of conducting a study which will, among other things, determine the future=-of HECO: To-begin-to make system improvements, HECO needs a great deal of information and advice which will serve as the basis for decisions by individual members and as the basis for recommending detailed operational im- provements. The study is crucial if system improvements are to be made. The issues facing HECO can be summarized as follows: 1. Some radio frequencies are currently overloaded to the extent that the quality of service is marginal. The County system is now at this point. 2. Some radio frequencies in the county are underused. 3. When frequencies are licensed by an agency they are literally "owned" by that agency. Therefore, it is logical to conclude that a reallocation or sharing of frequen- cies is necessary and that any sharing or reallocation will require the willing cooperation of those members who currently control radio frequencies. 4. Capital costs of dispatching equipment continue to increase and most of the present radio dispatching centers will require significant investments for new equipment within three to six years. By reduc- ing the number of dispatching centers through clustering or consoli -. dation, it is possible to minimize the impact of capital spending for dispatching equipment. November 2, 1977 Page Three 5. By reducing the number of dispatching centers and by instituting a procedure wherein each community pays its fair share of the dis- patching costs, it is likely that the cost to each agency will be more equitable and, in some cases, the cost per agency will actually be less than its current expenditures for public safety communica- tions. The following will be included in the study. 1. Community profiles will be developed which will reflect the current and projected public safety communications needs of each community. 2. An inventory and description of the current use of all radio fre- quencies available for public safety purposes. 3. Professional engineering services will be provided to: evaluate existing radio and dispatching equipment, recommend reallocation of frequencies, recommend system improvements, recommend cluster or consolidation arrangements (technical aspects), assist in dispatch center site selections and design of facilities, develop specifica- tions for modifying existing equipment for use in consolidated or cluster center, revise county 911 plan to conform with system changes, evaluate equipment needs, and assist in developing detailed imple- mentati on.' pl ans-. ` Several alternative methods of system improvement will be described as options for consideration by the HECO members with each alternative including a des- cription of its general operational features. At the last HECO Board meeting a question was raised as to the status of the potential for LEAA funding for this purpose. The Executive Committee has directed staff to continue the preparation of such a grant request; however, you should be aware that at the time the HECO Executive Committee approved the work pro- gram, there was a strong likelihood that LEAA funding would be available for at least the first year of operation of HECO. Within the last few.weeks, that situation has changed to the extent that it, is now virtually certain that LEAA funds will not be available for a grant to operate HECO. Therefore, if HECO is to produce any results, the members must demonstrate their commitment to improving public safety communications by underwriting the start -up costs and this project directly by dues or other contributions. JMB:bjr �.1 SHERIFFS DEPARTMENT 6 Courthouse HENNEPIN Minneapolis, Minnesota 55415 Don Omodt, Sheriff Mr. Kenneth E. Rosland City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attention: Director of Public Safety Robert Buresh Dear Mr. Rosland: tp1M C� �'NE50 October 28, 1977 The Board of Directors of the Hennepin Emergency Communications Organization (HECO) met on Thursday, October 20th. The main purpose of HECO is twofold: First, we must prepare for the'advent. and implementation of 911 telephone service. We can report to you that a work program has been adopted, and we are proceeding on schedule and satisfactorily in this regard. The second main purpose is to work toward a plan to better utilize the scarce and precious radio frequencies available'to the several public safety organizations in Hennepin County. The HECO Agreement contemplates, at least, some consolidation or combination of police and fire dispatch facilities. A :target date oL July 1, 1978, is established by the HECO Joint Powers Agreement for a decision on this aspect. To date, we have made little progress towards a resolution. It is imperative, we believe, that HECO now commence an engineering study from which, among other things, we can best combine or consolidate some or all of the several dispatch operations and make better use of the existing frequencies. The HECO Executive Committee is in the process of preparing a Law Enforcement Assistance Administration (LEAH) grant request for the funds necessary to finance an engineering study that will recommend alternative methods of achieving the objectives of HECO. The estimated cost is $60,000. There is some doubt whether.HECO will be able to get the grant funds, not because of any questions regarding the importance and desirability of this project, but rather because of prior commitments of the funds. It seems that the best that HECO can hope for is the use of reversionary funds, that is, funds that have already been allocated for some.project but have not been spent. We do not expect to receive a definitive answer to the grant request until July 1978., In the meantime, we believe that it is in the best interests of the entire County that we proceed with the engineering study so that we can have the information available before next July, (1978). and be able to make the necessary decisions. If this is done, it is possible that immediate substantial savings in the 911 installation, and recurring cost of dispatching can be accomplished. HENNEPIN COUNTY an equal opportunity employer r U'f Mr. Kenneth E. Rosland Page 2 October 28, 1977 The Board of Directors has directed the Executive Committee to seek financial commitments from each of the members. Some money will be needed and soon. If the grant request is unsuccessful, all will be needed. If we get the grant, the direct cost to the members will be less. The Executive Committee has evolved a formula for payment of the amount necessary which we are calling "1978 dues ". This is not to be construed as an ongoing amount. The formula is as follows: POPULATION NO. OF MEMBERS 1978 DUES DUES x NO. Over 50,000 3 $5300 $15,900 40 to 50,000 3 $4400 $13,200 30 to 40,000 4 $3500 $14,000 20 to 30,000 3 $2600 $ 7,800 10 to 20,000 3 $1700 $ 5,100 Under 10,000 5 $ 800 $ 4,000 $60,000 The Board of Directors will meet again on November 23, 1977. We need to have your commitment, as well as all others, by that date. We trust that this will allow adequate time for City Council consideration and action. If any of us can be of help with additional information, please advise. Or, you can get assistance from John O'Sullivan, Director of Hennepin County Criminal Justice Coordinating Council, telephone 348 -6497, or from Jim Brekken, who is on loan to HECO from the Bloomington Police Department. He can be coftacted through Mr. -O'Sullivan's Office or at Bloomington, 884 -3591. If we do not receive the necessary commitments on November 23rd, some members, because of immediate and pressing needs, will go ahead on their own with what we consider a piecemeal engineering study. We do not believe a limited study will be in the best interests of all, but we understand it may be necessary considering the special needs of these member communities. Very truly yours, HENNEPIN EMERGENCY COMMUNICATIONS ORGANIZATION EXECUTIVE COMMITTEE �n j" I 111-c—k"t DON OMODT, PRESIDENT JOHN PIDGEON, VICE PRESIDENT HENNEPIN COUNTY SHERIFF BLOOMINGTON CITY MANAGER 42,4. S WILLIS; SECRETARY- TREASURER THOMAS A. THOMPSON PLYMOUTH CITY MANAGER ASSISTANT CITY COORDINATOR, MINNEAPOLIS DONALD DAVIS DIRECTOR, SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT DO:ehs Enclosure 5HEs"Af� HENNEP.IN EMERGENCY C01,11M TN LCATIONS ORGANIZATION BOARD OF DIRECTORS ,unicipality Director City of Bloomington John G. Pidgeon 2215 West Old Shakopee Road City *tanager Bloomington, Minn. 55431 City of St. Anthony 3301 N. E. Silver Lake Road Minneapolis, Minn. 55418 City of Richfield 6700 Portland Avenue Richfield, Minn. 55423 City of Mound 5341 Maywood Road Mound, Minn. 55364 City of Plymouth 3025 Harbor Lane Plymouth, Minna 55441 City of New Hope 4401 Xylon Avenue North New Hope, Minn. 55428 City of Golden .Valley 7800 Golden Valley Road Minneapolis, Minn. 55427 City of Brooklyn Park 5800 85th Avenue North Brooklyn Park, Minn. 55443 City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minn. 55416 Village of Excelsior 339 Third Street Excelsior, Minn. 55331 City of Shorewood 20630 Manor Road Shorewood, Minn. 55331 City of Hopkins 1010 First Street North Hopkins, Minn. 55343 James Fornell City Manager Wayne S. Burggraaff City Manager Leonard L. Kopp City Manager James G. Willis City Manager Harlyn G. Larson City Manager James Crawford Director of Public Safety R. M. Henneberger City Manager John Elwell City Manager Donald E. Davis Director, South Lake Minnetonka Public Safety Department Donald E. Davis Director, South Lake Minnetonka Public Safety Department William Craig City Manager SNE„ Fi HECO BOARD OF DIRECTORS (Continued) Municipality City of Edina 4801 West 50th Street Edina, Minn. 55424 City of Minneapolis 311 City Hall Minneapolis, Minn. 55415 City of Eden Prairie 8950 County Road 4 Eden Prairie, Minn. 55346 City of Orono Box 66 Crystal Bay, Minn. 55323 City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, Minn. 55343 City of Crystal 4141 Douglas Drive :North: Crystal, Minn. 55422 Hennepin County Room 6, Courthouse Minneapolis, Minn. 55415 A2309 Government Center Minneapolis, Minn. 55487 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minn. 55.430 City of Maple Grove 14310 93rd Avenue North Osseo, Minn. 55369 City of Robbinsdale 4221 Lake Road Robbinsdale, Minn. 55422 Page 2 Director Robert Buresh Director of Safety David Niklaus City,Coordinator Thomas A.-Thompson Associate City Coordinator Jack Hacking Director of Public Safety Walter R. Benson Administrator Robert Grewell City Manager John T. Irving City Manager Don Omodt Sheriff (Dave Duryee, Room X66) and Dale G. Fo.lstad Director of Management Services Gerald Splinter City Manager Robert A. .Erickson City Administrator John F.'Fischbach City Manager .46 0- (� - November 17, 1977 TO: Mr. Ken Rosland, City Manager; Mayor Van Va/lkenburg; Members of Council FROM: Arlin Waelti, Administrative Assistant RE: The County -City Community Health Services Subsidy Agreement I met today with Mr. Mac Whatley of the County Office of Purchasing and Services regarding the 1978 Community Health Services Subsidy Agreement. It is substantially the same as the 1977 Agreement except the time allowance for submitting financial reports was changed. I have checked this section out with Mr. Dalen. The time constraints are reasonable and will cause no problem to the finance department. As you may remember, Edina and Bloomington requested substantial changes in the 1977 agreement that were made in the agreement'before it was signed. The 1978 agreement continues to reflect those requested changes. The agreement and two attachments run nine pages. For this reason and the fact that the agreement is the same as last year's, I have not reproduced the document for the November 21 Council packet. If there are any questions that you may have regarding the agreement prior to passage, both Dave Veldi and I have copies. I would recommend that the agreement be passed in its present form. REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Bob Kojetin, Director VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE.OF ITEM IN EXCESS OF $1,000 DATE: November 17, 1977 Material Description (General Specifications): Pre -cast concrete roof for Edina Art Center Quotations /Bids: Company Amount of Quote or Bid j. Spancrete Midwest Company, Box A A, Osseo, $2,175.00 Minnesota 55369 `...2�. Prestr ssed `Concrete; Inc.,-6755 Highway 10 N.W. $2,626.00 Anoka, PSI 55303 3. Recommendation: #1 - Spancrete Midwest Company Park and Recreation Department • 7 'S R ENDORSEMENT 1. 1 hereby concur with the recommendation of the department and recommend the Council to approve the purchase. 2. 1 would recommend as an alternative: _T _ _ Warren Hyde,__ cting_City Manager REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Bob Kojetin, Director of Edina Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT.: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: November 16, 1977 Material Description (General Specifications) Stacking chairs.- for Edina Art Center, 4701 West 64th Street, Edina, MN Quotations /Bids: Comeany Amount of Quote or Bid 1. Miller /Davis Co.:, 219 S. 4th St., (delivered & set up) $ 18.45 each Mpls. , 14N 55401 TOTAL .- $1,107.00 -.2. .Globe Oxfice'interiors, 5150 W. 76th St. (shipping charges & set up are included) Edina, MN 55435 $ 18.50 each TOTAL - $1,110.00 3- Minnesota Supply Company, 706 Portland Ave. (plus $3.05 freight cost per chair) Mpls., MN 55415 $ 21.91 each TOTAL - $1.314.60 Recommendation: #1 - Miller /Davis Co. Park and Recreation Department MANAGER'S ENDORSEMENT 1. 1 hereby concur with the recommendation of the department and recommend the Council to approve the purchase 2. 1 would recommend as an alternative: f' � Z. - -- �' arren Hyde, cting City Manager It I I t //-,x/ F I INTERLACHEN � 4T ~ RMAN I A. f � I -e"�ti✓ + COUNT C U B HAROLD MOODS - . ^ , • ' . .,.• ��� 11� - ..f - � D ' M1Y• ' SOX MEAD l p :0 q \ \\ cr subdivisior%1 REQUEST NUMBER: S-77 -23 Taft Addition LOCATION: Lots 35 & 36. Aud. Sub. 325 W. of Blake Rd. & Scriver Rd. extended REQUEST: Fmir lot si ngl P family plat village ylnnning department viLlt�e of edin� PLANNING COMMISSION STAFF REPORT November 2, 1977 S -77 -23 Taft Addition. Generally located west of Blake Road and Scriver Road extended. Refer to: Attached preliminary plat and parkland dedication report. The subject property is a 4.5 acre tract of land located west of Scriver Road and south of Blake Road. An existing house is located on the northerly portion of the property and gains access by way of Blake Road. The proposed preliminary plat indicates a five lot single family subdivision. A 1k acre lot would be retained for the existing structure on the northerly portion of the site. Four new lots would be created which would range in size from 19,000 square feet to 52,000 square feet. Access to these lots would be provided by the westerly extension of Scriver Road. The proposed plat also indicates the provision of.an open space and drainage easement around the small pond on the southerly portion of the property. The Planning Commission may recall several preliminary plans which were prepared by the Planning Department in 1973 for the Blake - Schaefer Road area of the City. Although these plans were not officially adopted, staff has referred to them in its review of this proposed subdivision. The Blake - Schaefer plans proposed the westerly extension of Scriver Road to serve the subject property as well as properties further west. The alignment of Scriver Road as shown on the proposed plat is generally in conformance with the Blake- Schaefer plans. It should be noted that the further westerly extension of Scriver Road to serve additional properties should be anticipated. Recommendation: Staff recommends approval of the proposed subdivision in that: 1) the single family residential development proposed is compatible with surrounding developments. 2) proposed lot sizes are generally similar to lot sizes on Scriver Rd. 3) the subdivision and road alignment are in conformance with the unofficial Blake- Schaefer plans. 4) provision of an open space and drainage easement should protect the natural character of the pond on the site. Approval is recommended with the following conditions and modifications: 1) submission of an executed drainage and open space easement. 2) an executed developer's agreement. GH:k 10/26/77 1 ( ``_ •'�'• LAKE NZ oil rZ Ti K dv- li o /oo zoo 900 ,Proposed: TAFT'S ADDITION Owner: Andrew W. Shea 5020 Blake Road South Edina, AIN 55436 983 -4337 ( P h o n e) Surveyor and Designer: Egan, Field &Nowak, Inc. 7415 Wayzata Boulevard Minneapolis, MN 55426 546 -6837 ( Ph one) . Developer: David D. Taft 5605 Schaefer Road Edina, MN 55436 933 -4344 (Phone) DESCRIPTION: Lots 35 and 36, Auditor's Subdivision No. 325, Hennepin County, Minnesota. I hereby certify that this plat was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lairs of the State of Minnesota. Dated this 18th day of October, 1977. EGAN, FIELD & NOWAK, INC. Surveyors by ., Minnesota Registration No.•9053 Subdivision No. SUBDIVISION DEDICATION REPORT 70: Planning Commission Park Board Environmental Quality Commission FROM: Planning Department .�.� SUBDIVISION NAME: LAND SIZE: �j7i i �j D:7 (nfl LANDD VALUE: (By: ;; -, Date: The developer of this subdivision has been required to A. grant an easement over part of the land ElB. dedicate % of the land �j C. donate $ �`,• ` ° �`' as a fee in lieu of land As a result of applying the following policy: A. Land Required (no density or intensity may be used for the first 5% of land dedicated) j�j1. If property is adjacent to an existing park and the addition U beneficially expands the park. El 2. If property is 6 acres or will be combined with future dedications so that the end result will be a minimum of a 6 acre park. 3. If property abuts a natural lake, pond, or stream. 4. If property is necessary for storm water holding, or will be dredged or otherwise improved for storm water holding areas or ponds. r75. If the property is a place of significant natural, scenic or his- toric value. 6. B. Cash Required 1. In all other instances than above. L�3 2 October 26, 1977 TO: Gordon Hughes, Director of Planning FROM: Robert C. Dunn, City Engineerf?_,/ SUBJECT: Utility and Miscellaneous Engineering Considerations Proposed "Taft Addition" A review of preliminary information submitted raises the following preliminary utility and miscellaneous engineering concerns regarding proposed Taft Addition that must be resolved before final approval can be recommended: 1. Require easement 100' around pond same as required for R.L.S. 1404 (Byerly). Packet #1791 in Engineering Department file. 2. City water must be installed. Will require hearing and authorization of project bringing water in from Blake Rd. and including existing homes on Scriver road. 3. How does plat fit previously worked up master plan for area? 4. How does plat fit possible development of Boos property and access to Schaefer Rd. 5. Need temporary cul -de -sac. 6. Need Developer's Agreement. October 26, 1977 TO: Gordon Hughes, Director of Planning FROM: Robert C. Dunn, City Engineer;!.�� SUBJECT: Utility and Miscellaneous Engineering Considerations Proposed "Taft Addition" A review of preliminary information submitted raises the following preliminary utility and miscellaneous engineering concerns regarding proposed Taft Addition that must be resolved before final approval can be recommended: 1. Require easement 100' around pond same as required for R.L.S. 1404 (Byerly). Packet #1791 in Engineering Department file. 2. City water must be installed. Will require hearing and authorization of project bringing water in from Blake Rd. and including existing homes on Scriver road. 3. How does plat fit previously worked up master plan for area? 4. How does plat fit possible development of Boos property and access to Schaefer Rd. 5. Need temporary cul -de -sac. 6. Need Developer's Agreement. RESOLUTION ESTABLISHING PORTION OF COLONIAL WAY WHEREAS, the City of Edina is the fee owner of the following described premises: Tract A: The East 693 feet of the South 30 feet of the North 693 feet of the NE 1/4 of the NW 1/4 of Section 5, Township 116, Range 21, Hennepin County, Minnesota; and Tract B: The South 30 feet of the North 60 feet of that part of the East 233 feet of the NE 1/4 of the NW 1/4 of Section 5, Township 116, Range 21, Hennepin County, Minnesota, lying South of the North 663 feet thereof; and WHEREAS, said Tract B is subject to an easement for purposes of ingress and egress established by Document No. 414489 on file in the office of the Hennepin County Recorder in favor of The Colonial Church of Edina, a Minnesota non - profit corporation, as fee owner of Lot 1, Block 2, Colonial Church of Edina First Addition; and WHEREAS, said Tract A and Tract B are contiguous to Colonial Way, as dedicated in the plat of said Colonial Church of Edina First Addition, and provide access thereto from Tracy Avenue; and WHEREAS, The Colonial Church of Edina has offered to release its easement over and across said Tract B if the City will dedicate said Tract A and Tract B to the public for street purposes. NOW, THEREFORE, BE IT RESOLVED that the City of Edina does herevy accept the quit claim deed from The Colonial Church of Edina of the above described Tract B for purposes of releasing the Easement of ingress and egress established by Document No. 414489 on file in the office of the Hennepin County Recorder; and BE IT FURTHER RESOLVED that the above described Tract A and Tract B are hereby dedicated to the public for street purposes, said premises to be known as "Colonial Way ". ADOPTED this 21st day of November, 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 November 21, 1977, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 30th day of November, 1977. City. Clerk MEMORANDUM TO: City Manager FROM: Gordon L. Hughes SUBJECT: Parking lot'agreement, and resolution dedicating areas for public road purposes, Colonial Church of Edina First Addition In accordance with.the.plat approval granted the Colonial Church of Edina on June 20, 1977; we have received an executed agreement which specifies responsibilities pertaining to the construction of a parking lot on Lot 1, Block-1, Colonial Church of Edina First Addition which was dedicated to the City. A resolution has also been prepared which establishes "Colonial Way" as a public roadway. Staff recommends execution of the attached parking lot agreement and adoption of the attached resolution establishing Colonial Way as a public roadway. :. m. GLH:ks 11.18.77 cc: Mayor and Council Attachments PARKING LOT AGREEMENT THIS AGREEMENT, Made and entered into this 11th day of November 1977, by and between THE COLONIAL CHURCH OF EDINA, a Minnesota nonprofit corporation (hereinafter called "Church "), and the CITY OF EDINA, a Minnesota municipal corporation (hereinafter called "City "); _ WITNESSETH, THAT: WHEREAS, City is the fee owner of the following described premises: Lot 1, Block 1, Colonial Church of Edina First Addition, according-to the plat thereof on file and _ of record in the office of the County Recorder in and for Hennepin County, Minnesota (hereinafter called the "City Property "); which is to be used for public park and parking purposes; and WHEREAS, Church is the fee owner of the following described premises: Lot 1, Block 2, Colonial Church of Edina First Addition, according to the plat thereof on file and of record in the office of the County Recorder - in-.and for Hennepin County, Minnesota (hereinafter called the "Church Property "), upon which there is to be constructed church facilities including a meeting room designed to seat approximately 650 persons and to be expandable by finishing balconies to seat approximately 990 persons; and WHEREAS, City and Church desire that an automobile parking area should be developed on the City Property for the common use and benefit of the public and the users of said church facilities. NOW, THEREFORE, In consideration of the mutual covenants and agree- - ments herein contained, Church and City do hereby agree as follows: 1. Church shall, on or before November 1, 1978, and at its,sole expense, do the following with respect to the City- Property: (a) Perform all grading necessary to cause the City Property to conform to the Site Plan for the Church Property and the City Property dated May 19, 1977, prepared by Hammel, Green and Abrahamson, Inc.; (b) Cause the parking area shown on said Site Plan (the "Parking Area ") to be improved to the extent of installing a six inch (6 "), class five (5) gravel base thereon; and (c) Install all curb cuts shown on said Site Plan providing access to the Parking Area from . Colonial Way. If such work has not been accomplished by Church on or before November 1, 1978, the City may perform that part thereof which is left to be accomplished and the cost thereof shall be paid by Church on demand of the City, together with interest at the rate of 8% per annum from the date of demand, and Church agrees to pay all costs of collection, including reasonable attorneys' fees, with interest at the above rate on such costs and fees from the date incurred until paid. 2. Church shall have the perpetual, exclusive right to use the Parking Area for automobile parking purposes by its members, guests and employ- ees, on Sunday mornings until 12:00 noon, and the perpetual, nonexclusive right to use the Parking Area for automobile purposes by its members, guests and employees at all other times during the week. The Parking Area shall be considered as providing 108 automobile parking spaces to Church for purposes of compliance with parking requirements of the City under its ordinances now or hereafter in force. 3. If the meeting room'in the church facilities to be constructed upon the Church Property is expanded to seat'at least 990 persons, the Church, at its sole expense, in connection with and as a part of such expansion, shall cause the Parking Area to be improved so as to comply with such City construction standards for paved parking areas as may then be applicable. If Church should fail or refuse to cause the Parking Area to be so improved in such event, then City may cause such improvements to be made and the cost thereof shall be paid by Church on demand of the City, together with interest at the rate of 8% per annum from the date of demand, and Church agrees to pay all costs of collection, including reasonable attorneys' fees, with interest at the above rate on such costs and fees from the date incurred until paid. 4. At any time and without a determination of inadequacy as set forth 11 1 in paragraph 5 hereof, City may cause the Parking Area to be improved so as to comply with applicable.City construction standards for paved parking areas, in which event Church shall reimburse City for the actual cost of such improvements. Such reimbursement shall be made promptly after the completion of expansion of the meeting room in the church facilities to be construction upon the Church Property to seat at least 990 persons, but it is understood that such expansion - may never occur. Such expansion shall be deemed complete when the expanded meeting room is first used for a church service or meeting. If Church should fail or refuse-to so reimburse City, then the City may demand payment at any - time after such completion and such cost shall bear interest at the rate of 8% per annum from the date of.demand, and Church agrees to pay all costs of collection, including reasonable attorneys' fees, with interest at the above rate on such costs and fees from the date incurred until paid. 5. In the event City determines in its sole opinion, which shall be binding and Eonclusiye upon the Lity and the Church, that the Parking Area improvements required in Paragraph 1 are inadequate for the use of the Parking Area by Church before the above described expansion of the meeting room in the new church facilities, City may request and Church, at its sole expense, promptly shall cause the Parking Area to be improved so as to comply with such City construction standards for paved parking areas as may then be applicable. If Church should fail or refuse to cause the Parking Area to be so improved in such event, then City may cause such improvements to be made and the cost thereof. shall be paid by Church on demand of City, together with interest thereon at the .rate of 8% per annum from the date of demand, and'Church agrees to pay all costs ,of collection, including reasonable attorneys' fees, with interest at the above rate on such costs and fees from the date incurred until paid. Such determination by the City shall be made only after notice is given to Church that the City intends to make such determination, and the Church has had the opportunity to meet with the City staff and the City Council to discuss the need and reasons for the ..proposed improvement of the Parking Area. 6. City agrees to, at its expense, keep and maintain the Parking ' Area at all times in good condition and state of repair and free from snow and debris; provided, however, that City shall have no obligation to remove snow therefrom on Sundays. 7. It is understood and agreed that the City Property has been donated to the City by the Church, and that such gift is made in lieu.of any requirement that the Church pay rental or any other consideration for its rights to use the City Property as herein provided. 8. The covenants and agreements herein contained shall be deemed to run with the land and be binding upon the parties hereto and their successors and assigns. IN WITNESS WHEREOF, The parties hereto have caused this Agreement to be duly executed as of the date first above written. THE COLONIAL CHURCH OF EDINA By Its Modera or And n lL, C Ikk is ecretary CITY OF EDINA sy Its Mayor And Its City Manager STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of /l%DU 1977, by &a6ZAS J- D/LI�S and /l/ /,�7 11 /9S , respectively the Moderator and the Secretary of THE COLONIAL CHURCH OF EDINA, a Minnesota nonprofit corporation, on behalf of the corporation. Notary Pu lic STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me.this day of 1977, by and , respectively the Mayor and the City ,tanager of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of the corporation. Notary Public RESOLUTION ESTABLISHING PORTION OF COLONIAL [JAY WHEREAS, the City of Edina is the fee owner of the following described premises: Tract A: The East 693 feet of the South 30 feet of the North 693 feet of the NE 1/4 of the NW 1/4 of Section 5, Township 116, Range 21, Hennepin County, Minnesota; Tract B: The South 30 feet of the North 60 feet of that part of the East 233 feet of the NE 1/4 of the NW 1/4 of Section 5, Township 116, Range 21, Hennepin County, Minnesota, lying South of the North 663 feet thereof; and WHEREAS, said Tract B is subject to an easement for purposes of ingress and egress established by Document No. 414489 on file in the office of the Hennepin County Recorder in favor of The Colonial Church of Edina, a Minnesota non - profit. corporation, as fee owner of Lot 1, Block 2, Colonial Church of Edina First Addition; and _.. WRBREAS;.said Tract A and Tract B are contiguous to Colonial Way, as dedicated in the plat of said Colonial Church of Edina First Addition, and provide access thereto from Tracy Avenue; and WHEREAS, The Colonial Church of Edina has offered to release its easement over and across said Tract B if the City will dedicate said Tract A and Tract B to the public for street purposes. NOW, THEREFORE, BE IT RESOLVED, That the City of Edina does hereby_ accept the quit claim deed from The Colonial Church of Edina of the above described Tract B for purposes of releasing the easement of ingress and egress established -by Document No. 414489 on file in the office of the Hennepin County Recorder. BE IT FURTHER RESOLVED, That the above described Tract A and Tract B are hereby dedicated to the public for street purposes, said premises to be known as "Colonial Way ". TO: City Manager FROM: Gordon Hughes, City Planner SUBJECT: Zoning Ordinance Amendment to-Allow Special Use Permits in the Planned Industrial District On September 12, 1977, the.City Council.directed.staff and the Planning Commission to investigate the advisability of establishing a special use permit system or other means to allow certain uses not presently in Planned Industrial Districts. This request was prompted by a petition by the Rauenhorst Corporation to rezone a parcel of property at 76th Street and France Avenue from PID to C -1 for restaurant purposes. Attached is a memorandum which analyzes the special -use permit system. This memorandum together with a memorandum submitted by Peter Jarvis of BRW.were reviewed by the Planning Commission on November 2, 1977. The Planning Commission recommended that the zoning ordinance not, be amended to provide for special use permits in the PID_zone based upon reasons stated in the staff recommendation. The Planning Commission also recommended that the zoning ordinance not be amended to provide additional principal uses.in the PID zone. GH:ks 11/17/77 cc: Mayor and Council PLANNING COMMISSION STAFF REPORT November 2, 1977 Zoning Ordinance Amendment to allow Special Use Permits in the Planned Industrial District. At the City Council Meeting on September 12, 1977, the Rauenhorst Corporation's Preliminary Plat and zoning change from Planned Industrial District to C -1 for restaurant purposes was considered and continued to November 21, 1977. At this September 12th meeting, the City Council directed the Planning Commission to study the potential use and requirements associated with conditional or special use permits for principle uses not currently permitted in the Planned Industrial District. This action was based upon the Council's reluctance to grant the requested C -1 zoning. This memorandum, attempts to explore the possible expansion of uses that could be permitted within a zoning district through conditional or special use permit provisions in the Edina Zoning Ordinance. The conditional or special use permit is a device utilized to add flexibility to the zoning ordinance by allowing principle uses not permitted under the current ordinance, but that might be compatible with the permitted uses. The granting of special use permits is governed by two factors: 1) only thorn uses identified in the zoning ordinance as susceptible to special permit treatment maybe considered; and 2) the ordinance diould'include criteria which are intended to be used by administrators in deciding whether to grant the permit or license. Having considered the conditional or special use permit and how it might be carefully utilized as a means of adding flexibility to the zoning ordinance, the staff addressed the use of conditional or special use permit provisions in the zoning ordinances of other metropolitan municipalities. Staff surveyed ten nearby communities to determine if conditional or special use permits were a part of the zoning ordinance and the municipaliCy's experiences with the special use provision to date. The municipalities surveyed are listed below: Bloomington Brooklyn Park Crystal Eden Prairie Golden Valley Minnetonka Plymouth Richfield Robbinsdale St. Louis Park Special Use Permit Amendment Page 2 November 2, 1977 The staff investigation of special use permit provisions revealed that eight of the ten municipalities surveyed did have special or conditional use provisions as part of the zoning ordinance. The City Council of a ninth community, Golden Valley, will consider a proposal.to amend the zoning ordinance in 1978 to include conditional uses in all zoning districts. Of the ten communities surveyed, only Eden Prairie did not and was not. considering amending the zoning ordinance to include a conditional use provision. The communities currently utilizing or considering the implementation of special use provisions within the zoning ordinance, utilize this tool in all zoning districts. The Edina City Council instructed the Planning Commission and staff to consider conditional uses in only the Planned Industrial District of the Edina Zoning Ordinance. The fact that only one zoning district would be considered for amendment to permit conditional uses is significant since of the communities surveyed, four believe the conditional use provision has resulted in at least ten extra hours of staff time per week for the Planning or Inspection Departments. (See Appendix One). The other communities currently having conditional use provisions generally agreed that the conditional use provisions could be handled as part of the staff's regular duties much like rezoning and variance requests are handled. However, of the four communities that considered conditional uses to be a portion of regular staff duties, two only handled the initial processing of the application for conditional uses and left the policing of the conditional uses to the Building or Inspection Department. Each community has a fee schedule to cover administrative costs involved in processing and policing conditional uses. A fee schedule for conditional uses has also been enclosed. (Refer to Appendix One) Besides administrative and staff costs involved in the processing and policing of conditional or special use permits, some communities have also been involved in litigation as a result of special permits. Of the municipalities surveyed, most law suits involved an appeal of the denial of a conditional use permit application by the respective City Council. Only the City of St. Louis Park has initiated legal proceedings against the receipients of special use permits regarding the enforcement of the provisions of the permit. The appeals of permit denials were decided in favor of the proponent in all the municipalities involved in such litigation. The City of Richfield was involved in two cases having denied conditional use permits for a restaurant and service station in Neighborhood Commercial Districts on the basis of excess trip generation. In both cases, the Court ruled in the proponent's favor labeling the traffic congestion argument as an arbitrary and-capricious.basis for denial. This point is significant in light of the trip generation concerns of the City in the South Edina - Interstate 494 area which encompasses the City's major Planned Industrial District (PID). A final point considered in the staff survey relates to the require- ments and conditions associated with enacting a conditional or special use provision in the zoning ordinance. Most municipalities list the conditional uses that will be considered in each zoning classification or Special Use Permit Amendment Page 3 November 2, 1977 district and include conditions that must be satisfied and adhered to before a conditional use permit will be issued. Conditions are additional restrictions applied to a particular use and might govern aspects of a conditional use such as hours of operation, ingress or egress, and the location of a use as it relates to other zoning districts or within the specified district. The most common conditional uses to which additional conditions are attached are restaurants and service stations. Recommendation: The conditional use provision can add a great deal of flexibility to a zoning ordinance by allowing a limited number of possibly compatible, non - permitted, land uses within a specific zoning classification. The device has been lauded as a zoning mechanism that can serve the public interest through a careful review of the facts and circumstances of each case presented. However, the device has also been objected to on the basis that it promotes arbitrary judgments without basis in the City's comprehensive plan that discriminate against some property ownership allowing more permissive uses within the area. The conditional use technique can be a valuable zoning concept if great care is taken to protect the various parties affected by the conditional use. system and very specific standards and criteria arc adopted for the administration of the ordinance. Other methods are also available to permit uses not presently allowed by the zoning ordinance in PID zones. First, additional principle uses can be allowed in the PID zone. Second, accessory uses contained within presently allowed PID uses can be specified. On past occasions staff has recommended adoption of the latter option. Finally, it should be noted that the Council did not request the Planning Commission to prepare a special or conditional use permit amendment at this time. Rather, the Council requested that the Commission review the advisability of establishing such a permit system. GW:H:ks 10/27/77 APPENDIX ONE Hours Robbinsdale 1957 20 St. Louis Park 1960 40 Based on actual cost to staff $200 one tenant building $300 multiple tenant building * Use Value Fee Schedule $1000 - $75 $1000 - $10,000 - $75 plus $5 /additional $1000 to $10,000 $10,000 - $25,000 - $75 plus $5 /additional $1000 to $10,000 plus $2 /additional $1000 to $25,000 $25,000 - $75 plus $5 /additional $1000 to $10,000 plus $2 /additional $1000 to $25,000 plus $1 /additional $1000 above $25,000 GW:ks 10/27/77 Extra Staff Fee Municipality Yr. Enacted Time /Week Schedule Bloomington 1961 >10 $25 temporary or accessory $50 permanent Brooklyn Park 1962 X10 $100 filing fee $150 escrow for staff time Crystal 1976 <10 $65 Eden Prairie - - - Golden Valley 1978 - N.A. Minnetonka 1965 < 10 $10 Plymouth 1968 >10 $10 Richfield 1958 410 Value Added* Robbinsdale 1957 20 St. Louis Park 1960 40 Based on actual cost to staff $200 one tenant building $300 multiple tenant building * Use Value Fee Schedule $1000 - $75 $1000 - $10,000 - $75 plus $5 /additional $1000 to $10,000 $10,000 - $25,000 - $75 plus $5 /additional $1000 to $10,000 plus $2 /additional $1000 to $25,000 $25,000 - $75 plus $5 /additional $1000 to $10,000 plus $2 /additional $1000 to $25,000 plus $1 /additional $1000 above $25,000 GW:ks 10/27/77 O-A pLkl" /TRANSPORTATION /ENGr EER94G /AFCwTECTIFtE September 2, 1977 Mayor James VanValkenberg and the Edina City Council Edina City Hall Edina, Minnesota 55424 Dear Mr. Mayor and City Council: At the Council meeting on Monday, August 15th, 1977, we discussed the validity and desirability of a restaurant use in a planned industrial park or a conventionally zoned industrial district. As a result of that discussion we were given the opportunity to submit in writing our views on the subject. The Urban Land Institute (ULI) in its book the Industrial Development Handbook notes the following: "In the early years of exclusive industrial zoning and industrial park planning, not only were the needed service commercial uses conspicious by their absence but frequently they were excluded by legislative mandate. Currently a trend toward integration of service commercial uses for the employees is emerging. Fast -food services, banks, service stations, auto repair facilities, barber and beauty shops, dry cleaners, commercial recreation facilities, medical and dental offices, and health clubs are obvious uses for inclusion in an industrial setting." Today it is not uncommon for well planned industrial parks to provide for an integration of land use that produces a mutual benefit. The first non - industrial uses to be provided within the planned industrial park were most likely public and semi - public uses, such as fire and police stations. This represented a logical extension of public services required by industry and typically provided by the municipality. More recently communities have been concerned that industrial development be a positive factor from the fiscal, environ- mental and social viewpoint and, therefore, have begun to integrate MiER.ANGR06E.WCLSFELD.. VNG.CAFWWR.NC 7101 YORK AVENIE SOUTH UNWAPOLISMl W35 FHOhE 612/6.31 -2 00 Mayor James VanValkenberg and the Edina City Council September.2, 1971. Page 2 less obvious uses. It is not uncommon for industrial parks to provide recreational use, commercial use and in some instances, residential use in an attempt to provide a unique setting for marketing purposes and a socially oriented amenity package for the employees. The reason for the increase in land use integration in the planned industrial park stems from a number of sources in both the public and private sectors. A perceived need by the developer (either public or private) for additional amenities to attract potential firms is one obvious reason to offer a hotel site with restaurant facilities and landscaped grounds. A socially concerned municipal government may insist on recreational facilities and /or a day care center for the employees; a natural market demand can be created for goods and services simply because of the number of people working in a planned industrial park if it is of sufficient size. Whatever the reason for the demand to integrate land uses within an industrial park, there are some quantifiable benefits that can accrue to the municipality. For a number of years planners and economists have been aware of a phenomenon known as "economic leakage ". On a regional scale this "leakage" is the inability of the region to capture or hold all of the economic activity that is necessary for it to function. This inability causes capital to be spent outside of the region thereby reducing the number of times it turns over locally and thereby causing a reduction in total economic productivity. On a City scale this "leakage" maybe the inability of the City to take advantage of the economic potential located within it's, taxing jurisdiction. The planned industrial park is a generator of secondary economic potential. That is,because of it's ability to draw large, numbers of employees to a given location, it thereby causes a demand to exist for goods and services related to the needs of the worker. Should the municipality in which the park is located be unable or unwilling to provide mechanisms for private enterprise to meet the needs, those needs will be met elsewhere. If the "elsewhere" be outside of the municipality's taxing jurisdiction the leakage will be taxes, and tertiary economic potential, and the cause of excessive travel by the employees located within the park. The inability to capture economic potential can also cause quantifi- able negative impacts. For example, if 2000 additional automobile trips (5 miles) are needed per day to meet employee needs, such as lunch or other services, approximately 683 pounds of vehicle emissions per weekday will be needlessly emitted. This along with the addition- al congestion obviously has a negative impact on the community. Mayor James VanValkenberg and the Edina City Council September 2, 1977 Page 3 If a municipality tries to capture the economic potential in a non - planned manner the result may be worse than the leakage and negative impacts of not capturing the potential at all. Sound planning based on economic, environmental and social factors must be employed if effective land use integration is to be achieved. According to the Urban Land Institute many examples of well integrated land use within an industrial park exist. The Nonconnah Park in Memphis recognized the need for a hotel from the outset. The hotel provided rooms, meeting facilities, restaurants, and limited shopping facilities for both employees and visitors to the park. At the Irvine Industrial Complex East, six commercial sites have been planned within the 2068 acre industrial area. Each site is 30 acres or less in size and has been designed to meet the limited shopping and restaurant needs of adjacent industrial uses. This has proven so successful that the original Irvine Park parcels by- passed during the initial phases of development are now being used for restaurants and other limited commercial activities. Throughout the country the expansion of office buildings and office uses in industrial parks is proceeding rapidly. Many industrial parks are becoming hydrid employment centers with up to half or more of the total site occupied by offices. This trend suggests an increasing demand for supportive commercial activity. In 1974 the Association of American Geographers in it's publication Major Job- Providing Organization and Systems of Cities confirmed this. Drawing on work done by Armstrong in 1972'and Tornquist in 1973; it reported that the United States "is becoming white collar at a faster rate than commonly believed" and that in "view of occupational shifts transpiring in advanced economies it may be seriously questioned whether the traditional approach to industrial location theory and development (type -- single purpose) need not be replaced. Within the Minneapolis -St. Paul region there are a number of examples of contemporary approaches to the industrial development. The Minneapolis Housing and Redevelopment Authority as long ago as 1967 began to provide integrated land uses in it's redevelopment of industrial areas. The Seward Industrial area in southeast Minneapolis has incorporated commercial uses (includi.ng restaurants) into a planned industrial park. The recently approved North Washington Industrial Park (NWIP) has taken advantage of a distinc.tive physical setting to provide for recreational land uses along the (Mississippi River and commercial uses within identified commercial service nodes; a restaurant, The Broadway Station, was the first service use within the Industrial Parka Mayor James VanValkenberg and the Edina City Council September 2, 1977 Page 4 In Brooklyn Center the developers of the Earle Brown Farm Industrial Park have taken advantage of the "white collar" trend to incorporate a public restaurant into a highrise office building. Additionally, they have planned for a 250,000 square foot convenient shopping facility located in the center of the park. The inclusion of restaurant and some commercial service uses in a planned industrial park provides more than a "nice touch ". If properly planned they can enhance the community's quality of life by providing: • Services to employees and visitors. • An increased economic capture rate for the municipality in which they are located. • Additional taxes. • A reduction in automobile emissions and congestion by providing convenience, reducing travel. • Utilization of odd lots or small parcels of land that are not marketable to the industrial user. • A unique opportunity for adaptive reuse of old industrial buildings. With the trend toward a closer relationship between - commercial and industrial uses, the commercial facility has an important place in the modern industrial park. With good planning the integration of land uses will prove beneficial to the community that has a high quality of life as a goal. The following table is the result of a sample of local communities that we undertook that allows free - standing restaurants to be located within either a planned industrial park or a conventionally zoned industrial district. Our methodology for this survey was to phone the zoning administrator or planner for a sample number of municipalities to determine whether or not each city allowed a restaurant as a principal use or with a special use permit. Of eighteen municipalities contacted, only four excluded restaurants within zoned industrial areas. Mayor James VanValkenberg and the Edina City Council September 2, 1977 Page 5 We offer this information for your consideration. Hopefully it will be of assistance in your review of the provisions for this type of integrated land use in Edina. Thank you for the opportunity to provide this information to you. Warm Regards, H RINGROSE JOLSFELD- JARVIS- GARDNER, INC. 2e E. J rvis Principal aqd Vice' President PEJ:nb Enc. f- , Sample Twin Cities Suburban Communities Which Permit Restaurants in Industrial Zones Oa•kda 1 e _r" Special Use Permit City Required (X) Other Conditions Richfield X St. Louis Park X Golden Valley X Sitdown only; no fast food. Robbins-dale X Brooklyn Center X In I -1 zone only. Fridley X Columbia Heights X Mendota Heights X Unless in general E2 zone. Eden Prairie X Hopkins Planning review. Plymouth Only as an integrated development. Brooklyn Park I and I -2 sitdown okay. I -2 fast food requires special use. Coon Rapids Only as a service to industrial area. Oa•kda 1 e _r" BIBLIOGRAPHY Corporate Report, July, 1977, p. 75 Hughes, J.W. (1977) "Methods of Housing Analysis Techniques and Case Studies ", Center for Urban Policy Research, Rutgers University, pp. 227 -230. Malinowski, Z.S. (1963) "The Place of Small Business in Planned Industrial Districts ", University of Connecticut. Minnesota Department of Economic Development (1977) "Minnesota Industrial Development News ", January. Pred, A.R. (1974) "Major Job - Providing Organizations and Systems of Cities ", Association of American Geographers, Washington, D.C., p. 2. Urban Land Institute (1975) "Industrial Development Handbook ", Community Builders Handbook Series, Washington D.C., pp. 206 -209. H A 1S 'YA 1 UINI I•`• / ROaG -- • - -- ---111 - —�— i HtlF «,N i YORKTOWN _ • I Y 0: O t U zoninC5 BARK REQUEST NUMBER: -77- E. of York Ave, W. of Xerxes, N LOCATION: W. 76th St. & S. of W. 74 th St. REQUEST: One lot plat and zoning for an 80 unit apartment project Ryan Construction First Addition IT 1 L . .--4 F .1 ! 'I vlinse i0littinm departnunt villnae of rIline t PLANNING COMMISSION STAFF REPORT November 2, 1977 Z -77 -17 Ryan Construction Co. Generally located E. of York Ave., W. of Xerxes Ave., N. of W. 76th Street and S. of W. 74th St. extended. R -1 Single Family District to Planned Residential District PRD -3. Refer to: Attached preliminary zoning plans On September 28, 1977, the Planning Commission reviewed the proposed Southeast Edina Redevelopment Plan which was subsequently approved by the City Council on October 17, 1977. The Planning Commission will recall that a 9.5 acre site lying east of York Avenue and north of 76th Street and .within the redevelopment plan area was proposed for the construction of 80 low and moderate income family townhouses. This project, which is proposed by Ryan Construction Company, was discussed briefly on September 28, 1977. Presently, Ryan Construction Company is requesting preliminary rezoning approval from R• -1 to PRD -3, Planned Residential District. If approved by the Planning Commission and Council, the proponents will then return with final development plans for your review. The proposed development plans call for 80 units which include 8 one bedroom units, 48 two bedroom units, 20 three bedroom units, and 4 four bedroom units. Structures and parking areas comprise 33.3% of the site with the remainder devoted to open space areas, which include pedestrian walkways, tot lots, and landscape areas. Access to the southern portion of the development is provided from 76th Street and access to the northern portion from York Avenue. 100 enclosed garage spaces and 80 surface parking spaces are provided. The subject property has been graded and altered. significantly during past years. Thus, few trees and green areas are present. The property is characterized by fairly level topography, however, a rather steep embarkment is present along York Terrace in the northwestern partion of the subject property. Recommendation: Although the proposed development will be constructed for housing for low and moderate income families, it must be emphasized that this is not "low cost" housing, i.e., housing which is constructed to lesser design and construction standards and with fewer amenities. Rather, the proposed housing is designed and constructed in the same manner as a market rate housing with similar amenities and should be reviewed by the Planning Commission in the same manner as a market rate housing development. ' Staff recommends preliminary zoning approval in that: 1. the proposal conforms with the South Edina Plan. 2. the proposal conforms with the Southeast Edina Redevelopment Plan. 3. the low density development as proposed is desirable to further reduce traffic impacts, to provide a less congested living environment for low and moderate income families, and to provide a suitable transition from low density developments to the east. �s Ryan Construction Co. Page 2 November 2, 1977 Recommendation: 4. building locations as proposed prevent an undesirable "row house" appearance and provide areas for adequate screening with land- scaping. 5. the proposal provides a unit mixture which provides housing opportunities to a diversity of family sizes. Approval is recommended with the following conditions and modifications in conjunction with final plan approval: 1. dedication of an easement abutting York Terrace for roadway purposes. 2. deletion of the northerly driveway on York Avenue. 3. completion of preliminary and final platting of the subject property. 4. provision of an adequate landscape plan Lastly, City Ordinances require that individual sewer and water connections must be provided for townhouse developments. According to HUD and the Minnesota Housing Finance Agency agreements which the proponent must enter into, the proposed development must be used as rental property to low and moderate income families for at least 30 years. Staff believes that no useful purpose would be served by requiring individual sewer and water services at this time. Therefore, staff recommends that the provisions requiring individual sewer and water connections be waived with the condition that such individual services must be installed in the event that any of the units of the proposed development are offered for individual ownership. GH:ks 10/28/77 October 26, 1977 TO: Gordon Hughes, Director of Planning FROM: Robert C. Dunn, City Engineer���� SUBJECT: Utility and Miscellaneous Engineering Considerations Proposed Ryan Construction 1st Addition. A review of preliminary information submitted raises the following preliminary utility and miscellaneous engineering concerns regarding proposed Ryan Construction 1st Addition that must be resolved before final approval can be recommended: 1. Need accurate preliminary plat with better identification of property lines and surrounding property features. 2. Need grading plan - concerned particularly with treatment of north portion of property abutting York Terrace. 3. Need 10 to 20 feet additional right of way for York Terrace 4. Need participation in improvement on York Terrace - permanent street surfacing and curb and gutter. 5. North driveway in York Ave. should be deleted 6. Need median cut on York Ave. for Parklawn Ave. /Driveway 7. Resolve disposition of parcel 7400. To be incorporated in Ryan? or ?. 8. Transit a. Pull off for buses on York Ave. Suggest midpoint of project. Same geometrics as 50th and France. b. Make bus shelter part of project. 9. Individual water and sanitary sewer service to each unit is required by ordinance? 10. Developer provision of or participation in sidewalk on 76th and York and participation in permanent improvements (concrete curb and gutter and permanent street surfacing) on 76th and York. cc: R. Bahneman t TLLA_3�C'A�11'1111( P/A'A' %1) 74 — I I� Z Cr \i•+- ,� HYDE. 0. W i coVNi BRAE OR I .' ��'_ .x^1'1 i.y ti f: •t - i'1.`� .r Z Q N •�� tn eCv.ini.•Q- m.u'BS P .>-� yC`.'.' s:•°_ xT^ Yrx '�'.+.:- °S"9°"- •y�^-.+v+.�+7- I d-­-�' n subdivis' lk�.. a Braemar Hills 9th Addn REQUEST NUMBER: Z -77 -18 & S -77 -25 LOCATION: E. of Gleason Rd. extended and N. of W. 78th Street. REQUEST: PRD -2 to R -1. and R -2 Districts Replat and rezoning of townhouse project ,for 29 single family and 16 two family O 250 5,00 750 160£1 Viler.? ''ir'AiJr' denftrtnt nt vi[Ir.Ec of ec_ iirl� µ PLANNING COM'IMISSION STAFF R17PORT November 2, 1977 S -77 -25 and Braemar Bills 9th Addition. Generally located east of Z -77 -18 Gleaseon Road extended and north of W. 78th Street. PRD -2 to R -1 and R -2 District. Refer to: June 27, 1973 and August 1, 1973 Planning Commission Minutes, Hills of Braemar Town- house graphic, preliminary plat. Four years ago, the subject property was rezoned to PRD -2, Planned Residential District to allow the construction of 132 units in the form of 33 quadraminium buildings. The location of such buildings and appurtenant access roadways are shown on the attached graphic. To date, 4 quadraminiums and a recreation building have been constructed in conformance with the approved development plan for this property. In addition, the property surrounding these completed units has been platted as Braemar Hills 8th Addition. The proponents are presently requesting a rezoning from PRD -2 to R -1 and R -2. A 45 lot subdivision is also requested. As proposed, the 29 lots located in Blocks 1, 2, 3 and 4 would be zoned R -1 and the 16 lots located in Blocks 5 and 6 would be zoned R -2. Outlot A which measures 3.56 acres would be dedicated to the City according to the proposed subdivision. As compared to the previously approved PRD -2 plan, the present subdivision proposes to use essentially the same building sites for R -1 and R -2 dwellings which would have been used for quadraminiums. Stonewood Court which is located northerly of Gleason Road is located on nearly the same alignment as proposed by the previous plan. The-alignment of Tanglewood Court has been altered significantly to provide additional sight distance for traffic approaching its intersection with Gleason Road. Excluding existing and planned quadraminiums in Braemar Hills 8th Addition, the present plan proposes a reduction in the total number of dwelling units from 112 to 61 as compared to the previously approved PRD -2 plan. The Planning Commission may recall that the protection of the heavily wooded steep slopes on the property was of such concern when reviewing the previous PRD plan. The present subdivision proposes to limit considerably construction on such slopes and proposes to dedicate most of these areas to the City. Staff is somewhat concerned with the relationship of the subject property with the vacant lands located easterly. The Planning Commission will recall that a development plan entitled Indian Meadows was approved for this property several years ago. However, this property has been sold recently and the present owner has indicated his intent not to proceed with the Indian Meadows concept. Of primary concern to staff is the advisability of extending Stonewood Court on the subject property into the property to the east to provide a secondary means of access. Therefore, staff believes that adequate right -of -way should be reserved to facilitate the extension of Stonewood Court if warranted by the development of the property to the east. Braemar Hills 9th Addition Page -2- November 2, 1977 Recommendation: Staff recommends approval of the requested subdivision and rezoning in that: 1) the proposal conforms with the Southwest Edina Plan. 2) the heavily wooded steep slopes on the site are adequately protected. 3) the realignment of Tanglewood Court is desirable. 4) adequate setbacks from existing and planned quadraminiums are maintained. Approval is recommended with the following conditions and modifications: 1) lots 8, 9 and 10, Block 4 must be identified as an outlot to facilitate the easterly extension of Stonewood Court if warranted. 2) a storm water storage easement must be dedicated on portions of Lots 1, 2,4, 5, and 6, Block 4. 3) an executed deed to the City of Edina for Outlot A. 4) an executed developer's agreement. 5) relocation, removals and re- sealing of existing storm sewers, water services, and sewer services per the attached preliminary engineering report. 6) dedication of a 15 foot wide strip of land on the north edge of Lot 14, Block 4. 7) submission of a suitable landscape plan for Braemar Hills 8th Addition 8) all activities relating to the landscaping and snow removal business located on Blocks 5 and 6 must be terminated and all equipment, materials and supplies removed prior to final plat approval for any portion of the subject property. 9) within 180 days following final plat approval for Blocks 5 and 6, all dwellings and structures located on Blocks 5 and 6 must be satisfactorily removed. A performance bond in the amount of $5,000 will be required at the time of final plat approval to assure removal of such structures. 10) submission of an erosion control plan. GH:ks 10/27/77 V--Wd Z-72-6 & 4 r L 11r, Luce presented a re,,iised project booklet an"i ou,.- cation-- Have b=n rneta PUZE'-,-V-t -o s?rZv1Cv:] Awl x'1^.2 : :: 1 road vill cc-,inect to 73th St rcctu UnSt of Mn-, to Ra,-d, t'-- Villv,`- 'W, at Of W I n-.-id of :i,-j n g Coal oE kaving Drnarlar Park totall./ cd by rcad rf.�� 8 1A =5 U- The 1z d 78,Ji S,:-:oat conruncci: to Glencon vithin the Villa ;P it :3- to 4.67 tinits per acra, and the and vC,-,,:!i:ati011 at: 111-2 vort'lln---n zid of the - ey af;c site be A r - bo- hd ro L12 n-ojCC,- is "tot',I; ly planned" and cuny pro'crus' o---s into the vita i7 .. ;e bee-i ell-rnln-t-d, :lPpzo:11- -c 1 C., -,--i -1 f- on'----ibut TWIC) III Mately .-k;o L�-rc3 o� -parklzrd dc-,rT--.d to V -, Vill about c acra to tho dc-velor c!-:z;h r.L1,:u'it 0- rile Cf -he zr-7,7 of additic vA acranf-,a necessary to the ;7-o: L! Tiould ba rcccivc,_ Pc -I1 With �m JJ--,u of tl-a Imid 6,&�-n-Ciono I tri --I b in the EOina st�"--1 Tile ral a o b a c -- I r:,- that r.1-1 drivo-3 coa-2 -."rom t112 sida,-:, 02 C11- or'C'nIn- th-.1 ;rout Cf t,ie -,:nin and the Stalls to IL-C Mr. Luc-a reccan"i-M.6ed for E;hc YessonL otazed in the st-ff L rapor questioned t11- cut and fill involvcd, nrd " ir � 7.':: r c, . 'Lzta , -cl ti'L2- only ct:zti-,;3 ij3 in thzat arcs bc:cn to round of E *.:h--i .31olne I L 10 a hL Tho MIAn- on -4-op of: t'le I -W" t I ,---d giv-3 sczi3 topo--Lphy to 6, - 1, grade :Li 90° and h1--s to be fillod 'L--o uc:!ce a riope th:m r- st--11) Srrl- Ill reply to the ec--cicyzn: Grid the price A111- t '$60:,000 per unit. Each foul tv-�-it: N;ril*i r -I rra o — L " Epp` as a sing-le o , - the — - - - i. DA p tlizin 'Ahave. bc,:2n LhZ:1 to 3 JJ Y)t! 71 C, ".,.-:P_ 1.7 '1 L tion 3 '5 S 8, T Z-73-6 y d .7 Luce refc-ranced the pro-�:ect boot-1,2t provil-7e] b-Y the PrOTPO-,11`11t, and no'.-ed final A,--vcl-,-,-m31,t inn ap?rzoval-is zcqunstcd --or CLn1o:-. :loll -,TiS for Edina". '!'I i C.- -L final dev,_i ;--,izcnit p."I.ano confo-jr. :o op?r-rjal "na.-ited, therefore approvi;! 2 c s-L".)-act to an approved J,; rCCon--L-.L2-,,,*.3d, for the rcnsc-is otz:-Ce-' in t1he staff - - 1 -3 p zT, by til.- or to f in. .1 - council, f,,nd pint, tra7z.i.-2r of titics Pri . Z .1 d:!-7alopmC t 1 1 113t revocotic-1 -,)i f-ad-ing -e-il-n-.1*t J,�-3.d by J, A. i. n I ex,)l ir d t becra!--c t!1:1 6avel0pi�2nt pla: a j).), I-,acecl (,n j11e grades, tha zoning should be d,_-.-Iicd if any further :;r (lit:- CzcUrse the chLl:acter sketchea of -`!ie.3, he Voted two bedruo:i tliie tit-tit rd n tiw:its %yi11 for $48 1000 to .Ind tv() ial der, unit,,; will sell :or up to a-, c 33 ar_, tp; cart 21 are two storie . A. L . L C, ruqyari ro*,ecl the rt-7ciA-:-,, from P-1 T,s j.o;j be ,j, o PRE-2 a.rid the final devolop-32nt L'tic Mr. JJU-Jieq SCLarie.od .tr rr r -y I J I MARTH RDA D' Op�i fV ¢ I rm - -- l MARTH RDA D' Op�i fV ¢ I 1 VILLAGE As!.ocaAiLs „OF ^ VNA UUCLOPERS) � G1 = v� - IZ,zz� -. ,�0� �� ,• L V ":s 1��n W Ills `1 .. � '....• � :.. 12 ;r—II2 . Z o 3.lon� u � o E • :• . ... : • �:. �. � �..,.�:,�'� 91.E �- 14 ,3 ro I '.�. ' -'ti ,• .:•.• 4 IZrCkia' It,OOr� `I���uo`� a^ to Ili b00`A °. IA. ;SBRA"Ei DR Y14 IL Q/� - 2? .01 4 '�`•�'..,: }..� NBA 49'40'E 100 n N89'53t71 "W• Ire I'�,�0 NJ 44 � \ �\ 11 ,^ ; � Ian •' / / 1 ' /;l� g01Q"i ti /i i '� \ 1111 N a -, .111 I vi Irk _ —' r - i \i \ \ It q, i 9 15?: �\\ ,�_�• J I l\ s�"� /zE� 1 d11 1�1\ ;! llll ; ! x I �,� 4�I f / I�,u�4v•so \ Vi,S�`yr�• / [ I n11, � I I�n1il� / / /' / / /ii t� /,11 1 111 X1.7 ., . 8TH ADD.s'ss'as 1 I III \ ✓� / / //� / //i /' / /�,�, ice) �' I , r' E : y' !8 c� I .le� r:a�• J4'1 -: N ��• '. `�s.,'���` /` \ /'i�(����7v�`t ��c' _v,ti �Q � � /��Q���f'�ix\fJ /: /� �'�f /.!'� //% /�� *�`< -c I II � �, '. y �.1. � ' �c - . , L� •A� } ,�•c. '�_°�.mJl� �.f<�OC�`� = it/'%�i�5,jv'' /,i ; • ' �5��� %� 5� 1 �sce Ovs�v t,C' �. C•� : ;J,.b ��_ • \b' 1` Y., 401 Oft (� �;n., �"- :7YO�'.•e ./ti:_! 11,106 11 /r - _ii'i•' ' / '' - •.,: - %�� `� /c t� "� ,>� 11 . - /g��:; `••.ti�� ��j -'�.'¢;, j 1,. ;./ / r��� fill " —T I• _ r �, .. $0°5451. � �v�� �r3'@;�. •••�f9 /�' I 1•Y�'� �, J� I� e° 4 � (,\ \ 16,2co�' S n 44,8op 1 sue. •1 cl lcj ln y , ..,.` y 0 /! , I 1 I ' / , /� / / , , � �'- 8 �� ` \ I � 40 jD �$y9 °Sb'37 "W ;art - _ - - O IS / cc N I o00 • 1 /� (!� -•A,�I 1 I � ,Ti '\ �- ,� �. -: - �'z,.�d5 - � 38f,5 Ieo :5 o„�i 52,SbQd' So,t'S�o ° o 1; I i 40J30 UZ a� ir? zs -7 Cblu } Zq• sue,' D; 45 4. n p�; °" e : , : '� • 640 I' �: � ! , Subdivision No. " A''ze SUBDIVISION DEDICATION REPORT TO: Planning Commission Park Board Environmental Quality Commission FROM: Planning Department SUBDIVISION NAME: LAND SIZE: 9 1.-4- , 2j:30c-,i,f4, ° ac-, LAND VALUE: (By: Date: The developer of this subdivision has been required to A. grant an easement over part of the land B. dedicate 1 % of the land C. donate $ as a fee in lieu of land As a result of applying.the following policy: A. Land Required (no density or intensity may be used for the first 50 of land dedicated) 1. If property is adjacent to an existing park and the addition beneficially expands the park. 2. If property is 6 4cras or will be combined with future dedications so that the end result will be a minimum of a 6 acre park. 3. If property abuts a natural lake, pond, or stream. 4. If property is necessary for storm water holding or will be dredged or otherwise improved for storm water holding areas or ponds. r—r5. If the property is a place of significant natural, scenic or his- toric value. r] 6. B. Cash Required 11.1. In all other instances than above. 2. October 26, 1977 TO: Gordon Hughes, Director of Planning FROM: Robert C. Dunn, City Engineer SUBJECT: Utility and Miscellaneous Engineering Considerations Proposed Braemar Hills 9th Addition A review of preliminary information submitted raises the following preliminary utility and miscellaneous engineering concerns regarding proposed Braemar Hills 9th Addition that must be resolved before final approval can be reommended: 1. What is purpose of Outlot B? 2. Lots 1, 2, 4, 5 and 6, Blk. 4 conflict with water storage requirement. Storage area must be reserved by ownership or easement. 3. Storm sewer pipe would have to be relocated to make Lot 2, Blk. 4 a buildable lot. 4. Extra water services on Gleason must be cut off at the main and street. resealed. 5. Extra sanitary sewer services on Gleason must be plugged at property line. 6. = Water - installation along north line of Lot 1, Block 1 must be cut off on Gleason and street resealed. 7. All special assessments against property now being platted to be re- distributed over new lots. 8. Outlot A to become city owned? or easement only? 9. Need Developer's Agreement for additional utilities and streets. 10. Need thorough investigation of Stonewood connecting with and running through.Schuster property. 11. What about intrusion into Cow Hill? cc: J. Dal en /r 7 7 Ller rT ��� �"a�ownj rw r -r" e. F'o�.Low &j PilLo p LiL /A/ X"a ac>ie p o6rc.0 Az 01, fV � o R T� �L Pttoettx / 09 Al /G 0 /,1 4 A J IR C. lrN IJ -r TO 'r ll* n/ ` t _ i' o W 9Q %A0 M i'L3 , � tm �'L � \ �. S' 9lp e,e.* Qrl oo rr:. �sl �, ar e� v oc s ioc�c Aj 4 0 v � s 6L O OP Q a* 9L, p � 18.�-i.� p Lm► W � o � wr O aJ -r W rl, , 0, to O %b� O O Wt CA r" N ® T 8a tm a? ?m,0vf%`L ®iQ- -rots ��a�aS�O Givd8�6rte . 2rbpr,L-rr -L&LLI , - .- ter/ �.._ �� /' ✓ _, :1 ,: - '� - ''��• � -- '�a .r s -v i � -. All 6 -7 (�� 3 W &0 �-- -76 >' ✓vLlastl�� al - I I —F Q. 0 0 C. F -A 41 44C q. WO-,:-,7AU �ELc HILLTOP L oVL, Ll LEY PARS ,'VILLAGE w HALL PL BL C ZOY'ssi^,o REQUEST NUMBER: Z-77-19 LOCATION: Dwight Williams Park. W. 50th St. at Brown' Tale Tvc. REQUEST: R-1 Single Family District to R-1 and HPD Heritage Preservation I V 11 A -121L .LL -11% F %%--2 T T < EDINA CT,- 30 Y"meE P [Sf 0 Pt". L= V Village .,illngc of effil I I PLANNING =1MISSION STAFF REPORT November 2, 1977 Z -77 -19 Dwight Williams Park. Edina Mill Site. The Edina Heritage Preservation Board has recommended that the Dwight Williams Park, the location of the Edina Mills Grist Mill foundation, be rezoned to Heritage Preservation District. The history and significance of the site is outlined in the attached report that was prepared for the Nomination of the site to the National Register of Historic Places. The State Review Board has approved the nomination and forwarded it to Washington. The mill foundation was located this summer by an archaeolog' cal excavation of the site financed with community development funds. The Heritage Preservation Board anticipates a continuation of the project next summer. The concept intended for the next phase includes the delineation of the foundation on the surface of the ground and the erection of an interpretive kiosk that will display photographs, text, and perhaps mill artifacts. HS:ks 10/26/77 Case Number: Z-77-19 11istorical Name: Edina Mills Grist Mill Site Common Name:_Dwja�iit Williams P Location: Browndale Ave t. a [d Legal Description:P�rt of N r ' of S ld L- of s 18 T.,-29- 24 lying N. of W. 50th St., 1 -ying E. of Minnehalia Creek, lying S.E. of Bro�,-ndale Ave. and lying_ + Ynncirni of the nc;- Iine of Tor 2. Block lh, Cntlntry Clnh HPB Approval Date:September 1.8, 1977 District, Broom Section. The Heritage Preservation Board has made the following findings: 1. The physical nature of the buildings, lands, areas or districts to be rezoned Is important to the visual character of the city or the history of the city. 2. The physical., significance of the buildings, lands, areas or districts to be t `- ] rezoned could be destroyed or diminished by improper modifications, or mainte- 4 nance and therefore regulation is necessary. 3. The overall condition of the buildings, lands, areas or districts is: • (a) EXCELLENT means that there is no apparent need for routine maintenance (a) work or repairs. (b) GOOD means that there is no apparent need for major repairs, but that (h) the property is in need of routine work such as painting. - • (e) FAIR means that the property is in need of repairs other than routine (c) maintenance work. _ (d) DETERIORATED means that the property is in need of extensive major repairs. (d) r, X ' 4..* 'The criteria established by Ordinance No. 802 is satisfied because the buildings, lands, areas or districts: (a) (a) exemplify or reflect the broad cultural, political, economic or social •�. ' history of the nation, state or community; or (b) are identified with historic personages or with important events in national, (b) 0 state or local history; or' (c) embody the distinguishing characteristics of an architectural type specimen, (c). inherently valuable for a study of a period, style, method of construction, • or of indigenous materials or craftsmanship. 5. The buildings, lands, areas, or districts are: - (a) listed on the National Register of Historic Places or (a) (b) consistent with the Edina Criteria for Evaluation of Heritage Significance. (b) Supporting evidence of findings are attached. ILA, Its Secretaxy . . S /GNIFICANCE As :: AREAS OF SIGNIFICANCE CHECK AND JUSTIFY BELOW -P-2. '.-.9,C _Ae V_ L'%Ur Pef- Sl..e,C _- CC'VVI :N•:Y►LAVA:NG ..LANDSWE ARCHIT(CTURE - RELIGION , _a37 :•,) JeC••L0.G +T H•STCp,C _CONS(AVATION _LAW - .SCIENCE _ +sou Ilis xA'.••CUIT.e( (CC,-G%--CS _111E4AIVRE - SCULPTVRE �•CJG ILiS - MILIIARY _SOCIA U HUMANITARIAN _•:]U !!Sa -Aef %Fr, G,N((pING -MUSIC - THEATER x•az •iii rtCV Vfe :( rf•P :OPA IIGh. SETTLEME NT _PHIt GLCPHY _TRANSPORTATION �'ViC _' :• /V _r. CAT.:,hS x.NC.ISlFV - IOLITICS•GOVERNM(NT _OTHER Is-(WY, SP_C•F.- :)AT---S 1557 BJILDER:ARCHITECT William Marriott S'= TE•iEtiT :oF S'_•NIFICANCE !.•: =� : :. `-.1:s w:.; one of the •arlicst flourinl: mills to be built in Hennepin _.:_ct.d dJ :irY the epair.; a:d mL.r7w: of 1657 by Jacob L. Elliot, , "_Cr ­d .._ :oa, :.cvf M. St ..*Irt a,d Jors_•;.!: Cl, :`. :.a41, it was originally known a; :..1is 1!::!. it vas sn:d in I`tua :�, 1F,5), to Junathan T. Grimes .Ltd w::J _Tit a .,.w d'_s a :.d ..11 other i,nprovemrnts. G,:ring the :ar ,.._ c.:ll WESLkept r>r_ ing day acd night producing flour requisitioned br .ne t-- vvrL...nt for the soldiers a•. Fort .selling. Grimes "wrote thaL the en:. e`.a'.ce he hall to rest wa; on the ourne; home- fro. the Fort. After in5`.is floJC, 1.�•'d. . . . catch what sleep he could stretched out on t!•e �)at.,w of 1n tw. m_1 Cha: r_"_.Cs a.aln with Da.:C! H. BUckwalter as the new v r•:r..:T ac the Watcrv4 _11c .'i!1, the kcd ?till, and the ._11- it ev�nLua :ly wa; give:( the na;nc• Edina 'tills in 1669. Andrew Cra. the mill that - ar znd ncL =c•d it for his boyhood home of Edinburgh, pr xeedcd to rake a n—, ber of inproverzents including the insta :!a :iG. ^. of a kiln to r.anufactcre oat :-_,al - the first of its kind in the Xt:l.ncsota. Gec::ve )tilla =, s!•ortly after a:quiring the :hill. - it :..= C:aik F. 1575, operatin,; it for .venty years until ,n_ ._.of .._nn. rz :a Creek sank so low that it could no loal:,,:r turn the _:1: .^cel. TI -n he Sold the mill to H•:r._ry F. Crozi, long -titre neighbor and _. :.cl_ of fo:=-. He•n,cpin County Sheriff F.arle Brown. Gradually it fill in :E, :!i%-.:se and w;,s ftral!y dcsl,lishud on Dccer..5er 1, 1932, despite efforts to presen•c it a; a historic land-a:k. The !i_:r.a :.ails sto ^d r.❑ the north side of what is now West Fiftieth Street __t cr.;t c_` `%e S :a_r.'_ale A• :erue bricZe. Tcc:;y the site is the quiet ___. __ ea-k. B.L:wndalc• Avenue folly s the top of the old :gill d.1a as __ c: ,ss:s '! r.. a:a :reek. Tne old mill pond has been preserved and can still Le . :.2n Lps ::ea:: frJ= the da.. Xinn.-h_:a Creek ha: a fall of fifteen feet at the Edina !tills. At one time there were three turbine ut.vels, two of 3G inches in diameter and one 36 inches, fury :,n:r.g fifty tnrsrpower to three runs of stone for the maztufacture of flour, cs __ d.c rca:l ba rley. "One elevator wa; rc,erL•od for wheat and another for r -e. .. ::F, t`,e onty mill in the re:thw• ?st ,::icing oat:rneal and pearl barley." I'.e ea::v settle.. _e nt of Edina centered around the Edina !tills, providing early p:• -eers vi:` a cc venien: scu:ce of flour. Even the Sioux Indians cnc" -ped a::n;, _ =.e Y.• nesota R4 cr were a=ong its customers. All roads in the area led to l' n� he `ridZo over Xi^nchaha Creek at the Edina Mills was one of the few :'r s :n. , — -•i : :L.;!c zr. to : :t[o : :a! tames. MAJOR BIBLIOGRAPHICAL REFERENCES 1, Dunwiddic, Foster W., "The six Flouring Mills on Minnehaha Creek', X;nnosotn History, Spring 1975, p. 162 -174. 2. Neill, Uward U. Histo :L• of Nonnen!n Co -unty aid the City of Mi^ ^e .jno!is. Min:lcnpolis, 1531, p. 215 -216. 3. Wa -1er, George E. :uid Charles M. Foote, History of Hennepin Co:nty and the City of N'nnen,x lis, Minneapolis, 1531, p, 216, I .I'CEOGRAPHICAL DATA ACR :AGE O( NONCNATEO PROPERTY one UTM REFERENCES AWIilLILjL.L t,Ii B ZONE FASTING � � NOIt:IHING ZONE EE ASTIN� NORTHING C W_L_ L___l l_ ,_I ►III I t t DLLJ L -j—L1--LJ L I I+ I T I VEHUAL BOUNDARY ULSCHIPTIUN Li sr ALL bTATE 5 AND COUNTIES FOR PROPERTIES OVERLAPPING STATE OR COUNTY BOUNDARIES STATE Coo( COUNIr C:o[ STAIE ':0.)1 [.-.0 I.•. FORM PREPARED BY Foster W. DLnwiddie Edina I1:_storical Society ?Larch Ill, 19'5 ASOL est 50th Street cr12 %rS »- .1 _ Edina :iTin e5Oza U jSTATE IIISTOizic PRESERVATION OFFICER CERTIFICATION TIIE EVAIUATEDS:CNIFICANCEOF tHIS PROPEnTYV.,T„TNTHE ;:ATEIS NATIONAL _ STATE _ LOCAL A As In. wms.yrla•IHI STaT, HI .;I• :IL F•,. ,eI„at•I,n Odle,,, by •,;, 11Jn al n•aw•••. P: CSn,rJ'.U] QI ;a„ 6, E65, I he,cuy n"rn�nnn• m,y prop «It1 I,, •I ;IUSI.,n Ir• the Nnn,oJ R.''q.,I+ eHd • !j.I, th,El .1 nap 1T. ev a:'., a: rA a. c.,ra ••� :D the V-1—J and woc,,hoes set Forth hV the National Pa,: Serv,ce — STAIL HISIORIC: 1SI PVAT,U!, 01EICER SIGNATUPE TITLE DATE FOR NP5 USE ONLY I HLTIECY CERTIFY THAT THIS PROPERTY IS INCLUDED IN THE NATIONAL REGISTER _ GATE { DIRECTOR. 07T( _0F ARCH_EO_LOGY _ AND HISTORIC PRESERVATION ATTEST DATE KEEPER OF THE NATIONAL REGISTER Ae.•+b T07:A wr 56TAt L%ITLDSTATESJEP .ART %I ENT OFT HERNII.RIOR 'OR UPS USE ONLY, NATIGi .AL PARK EERV:CE a s �CTIr r 21AC PLACES REtLP : @J {:ICY NOMINATION =R:ti2 SEE Ir :S TYPE ALLL'ENT? SL,•T OMPLETE APPLICABLE ECTIONS FORMS rdir" `:ills A..; L ,.G CATION _. ETAN_.+t[a j Z�nf-le Avc-•.:e at :.Test 50th Street __NO-FO,IPUCL!unoN CON;,RE SSIONAI DISTRICT _sc coa1Y c07E 053 ;L? cSIFICATIO v 'CATEGORY C'.-IINERSHIP STATUS PRESENT USE '• SP..e.'c _O'CUPAO _A:.RICULTURE _MUSEUM _75'A _ ... •_ S. _PP••A TI - _Uh0_CL;PIE0 _COMMERCIAL X PARK _�S'-•: .'! _d0'� _MC111:1PRy.IR1SS _EOLCATIGNAL _PRIVATE RESIDENCE 7. - •: Pu£tIC ACQUISITION ACCESS!PLE _ENTLRTAIMAENT _RELIGIOUS PI.CCE DS _YES AES':..CTEO _GOVERNMENT ._SCIENTIFIC . _0E.1-5 13N S'OPtO %L YES UNRES:RICTEO _INDUSTRIAL _ _TRANSPORTATION _NO _MILITARY _OTHER OF FRO: E3TY _ , I .AL E j City_oc Ee-ir_a _ _. :l west 50th Street STATE .. _a VICIN.'T CF Minnesota L6CATIO` OF LEGAL DESCRIPTION : - .i_ :E-C :!E,r_ pin CGunty Courthouse Tr.ir Avenue` at Fourth Street South - - STATE ti M: rLnr•arr'l : S Minnesota IREPRESENTATION IN EXISTING SURVEYS I _FEDERA: _STATE _COUNTY _LOCAL I •1- i ._0A7S STATE Lf. :'.♦ S1. DESCRIPTION CONDITION CHECK ONE CHECK ONE _EXCELLENT _DETERIORATED _UNA;TEREO 9.CR.G:NAL SITE _GOOD _RUINS XALTERED _MOVED CA% _FAIR RUNE %POSED DESCRIBE THE PRESENT AND ORIGINAL PF KNOWNI PHYSICAL APPEARANCE The Edina Mills consisted of a sir..;t1e, two -story, rectarTgular building, %rith a wood - shingled, gabled roof. Tile mill ups :.0 feet long and 35 feet wi,'.:. -v smaller least -to structures were a,lded later On the west aid r.[uth Walls of the building,, probably to cnclos, the write: wheels. Tine exterior of Lhe t4-11 ._: of board and batten construction over a hravy timber fz .. . `. of •':e tin - bers were of oak cut from T.00ds nearby. The exterior walls _re S!-dthed ::.h twelve- inch -wide planks, installed vertically, with the joints betwce.n covered by wood batten,. Principal access to the mill was cn the north side of the building facing wdnat was than Fiftieth Street (row SrOLS.'ale Avenue). A sl,nll IcadiTng dock L.KIs provided for the eemrnience of the fa - :rs .rinds.& their grain to the mill. A description of the interior appeared in the "Minneapclis J.3u -a1" +.-ritten shortly before the rill uas d,;viished in 1932. "Two old till stones, _.=e of granite, covered with Ce -ant and bourlJ With iron hops, still sta There used to be three of those stores, yir. Xillem said. Tne two covers tea:, fitted over the s:or._s and kept the grain in place are thro•.n a;sir.s-_ one tv11. The wooden clevators that carried the flour up into the :Oft, -.e old wooden hopper, the wooden, cogged wheuls are still in place. bel.:w t-e =aLn floor is the room and the tank where tine water used to .Loh in a... turn the old aineel. The "granite" r..illsto^�s were i= ported - French ;.:..,(o: __r) stores. They were -ode of a gpccial q-,:artz quarried rem Paris. Although the mill was do:Dolished in 1932, the millstones can still be. seen at various locations in Edina. One is in the flagpole Ease in front of t`.e A.7crican Legion Hall on Eden Aven:c. Another L-crr stone, a rsr.er st` c, is in the flagpole bas, at Our La-y of Grace Cath:lic Church at 5 :ti0 Road, the ra chirg .;tone to this, a bcd stor,_, is soz in rag_ x at St. Stephen's Episcopal Chur.:h at ..Test Fiftieth Strcc, an:! Via_ e_n :e. Until roc_,ntly, a:notlner poi: of burr stones was e_�)odced. _r" the f rent a-c of the Mirne:.._na Grange Hull on Normandale Roa. - The latter ha ---e by the Edina Historical Society. Other pieces of the .achirory frr_` the E"- La Mills have been preserved and are stored in Edina's Historical Park. e. 0 4/ "Y o� 3; oa [.I I- ,62% 1- 9 N 'o i'- ' j�' \! % -'� •c'-�_ %- �.-- �.� !/ ti`�, � - =.7r �-ft31` � C•. •.xa� �o.roJxs Je DWIGHT' W ..I L L qr � , , 1 11 e,,., )ie W. 50 th .S t: a 1 9 e. ;j Au e. 0 4/ "Y o� 3; oa [.I I- ,62% 1- 9 N 'o i'- ' j�' \! % -'� •c'-�_ %- �.-- �.� !/ ti`�, � - =.7r �-ft31` � C•. •.xa� �o.roJxs Je DWIGHT' W ..I L L qr � , , 1 11 e,,., )ie W. 50 th .S t: a 1 9 e. ;j I J4 ti 11111118 aim �'TIJ J. LOW M r 44/5 SPRING 1975 I p _77 _z . M. A7_ LET T T zv, - -, i e s. 7: :77 4 rr f 0�'+ ILL INA PLANNING COMISSION STAFF REPORT November 2, 1977 Senior Citizen Residence District. Ordinance Amendment. Refer to: Attached Amendment Some time ago, the Planning Commission recommended approval of a rezoning from R -1 to SR -4 Senior Residence District for a parcel of property on France Avenue and 51st Street (i.e., the Rainbow project). After considering the request on October 17, 1977, the City Council requested that the Senior Citizen Residence ordinance be amended so that future rezoning requests to this zoning district would be considered in the same manner as a planned residential district rezoning, i.e. site and building design plans would have to be submitted at the time of rezoning. The attached amendment provides for such a procedure. Recommendation: Staff recommends approval of the proposed ordinance amendment. GH:ks 10/26/77 ORDINANCE NO. 811 -A % d � AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO PROVIDE THAT TRANSFERS TO THE SENIOR CITIZEN RESIDENCE DISTRICT BE DONE PURSUANT TO PARAGRAPH 8 OF SECTION 5 (PLANNED RESIDENTIAL DISTRICT) OF ORDINANCE NO. 811 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The second paragraph of paragraph 1 of Section 12 of Ordinance No. 811 is hereby amended to read as follows: "The standards contained herein are intended to permit residences that have a mass and intensity of activity that is similar to multiple family residences with the same numerical identification defined in Section 4 of Ordinance No. 811 71_ and that _have _ been _ planned1 _and_the_plans_approveds pursuant_to_the_prov_isions_of_ paragraph_ 8_ of Section_ 5_ of Ordinance_ No_ 811." - - -- Sec.. 2. Section 12 of Ordinance No. 811 is further amended by adding a paragraph 8, as follows: ATTIRE "8. Procedure for Rezoning and Subsequent Development. Rezoning from 4RAGRAPH any district to the Senior Citizen Residence District shall be done only EW] pursuant to the procedure set out in paragraph 8 of Section 5 of this Ordinance No. 811, and any revisions or changes in the Overall Development Plan approved pursuant to said paragraph 8 shall be made as provided in said paragraph 8." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. (N.B. Deletions are lined out [ or noted as new paragraphs.) ]; additions are underlined [_ - -__] r- November ,,30. 1977 Mr. Den -ais Buratti Dorsey, Kindhorst, 'Meat & Halladay 2200 First National Bank Bldg. iKf:� arfapo:ll.s, M 55;402 Dear Mr. Buratti: Lnelosed, as you requested, are tutu certified copies of the Resolution FotalwlisA�: nS Colonial 'fay. Plas.sa call me if all is not in order. Yours very truly, City Cleric enclosures . i bcc: Mr. Gordon Hughes 1 1 i 3 DORSEY, WINDHORST, HANNAFORD. WHITNEY 8, HALLADAY JOHN W WINOHORST MICHAEL A OLSON HENP! HALLADAY LARRY W JOHNSON JULE HANNAFORD THOMAS S. HAY ARTHUR B WHITNEY G LARRY GRIFFITH RUSSELL W LINDOUIST CRAIG A, BECK DAVID P RRI.VA DAVID L McCUSKEY HORACE HITCH THOMAS O MOE VIRGIL H HILL JAMES H OHAGAN ROBERT V TARBOR JOHN M MASON POBERT J JOHNSON MICHAEL W WRIGHT MAYNARD B HASSELOUIST LARRY L VICKREY PETER 00PSEY LOREN R KNOTI GEOP.GE P FLANNERY PHILLIP H MARTIN CIJRTIS L F.OY REESE C JOHNSON ARTHUR E. WEISBERG CHARLES J. HAVEN:N IN DUANE E. JOSEPH CHARLES A GEER JAMES B. VESSE` JOHN C ZWA.KMAN ''WILLIAM A WHITLOCK JOHN RWICKS EYNARD J SCH'AARTZBAUER EUGENE L. JOHNSON THOMAS M EP.O'NN JOHN W MI NDN ORST. JR CORNELI US 0 P.AHOHEY.JR MICHAEL PRICHARD WILLIAM C BABCOCK JOHN P VITKO THOMAS 5, EPICASGN WILLIAM R. SOTH MICHAEL E BRESS RICHARD G. SWANSON RAYMOND A REISTER FAITH L OHM AN JOHN J. TA(LOP DAVID A RANHEIM WILLIAM J HEMPEL ROBERT J SILVERMAN JOHN S HIRES THOMAS R. MANTHEY ROBERT 0 FLCTTEN WILLIAM R. HIBBS JOHN D LEVINE PHILIP F BDELTER ROBERT J STRUYK WILLIAM B PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (6121340— 2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (6121 340 -2868 1468 W —FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 — 8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288 -3156 November 15, 1977 Mr. Gordon L. Hughes Edina Planning Director 4801 West 50th Street Edina, Minnesota 55424 Re: Colonial Church of Edina Dear Gordon: ROBERT A HEIBERG NICK R MAY JOHN O KIRBY IRVING WEISER ROBERT A SCHWARTZBAUER STEPHEN E- GOTTSCHALK DAVID N FROM" THOMAS W. ELKINS THOMAS W TINKHAM KENNETH LCUTLER JON F. TUTTLE GARY M. JOHNSON EMERY W. BARTLE THOMAS W FINN WILLIAM A JOHNSTONE JAY L. BENNETT STEVEN K_ CHAMPLIN ROBERT G. BAYER MICHAEL J RADMER SUZANNE B. VAN DYK IN TRUCANO STUART R. HEMPHILL JAMES A FLADER J DAVID JACKSON DAVID L BDEHNEN W. CHARLES LANTZ MICHEL A LAFOND DOUGLAS E, RAY DON D. CARLSON STEVEN F WOLGAMOT PAUL J SCHEERER J.MAROUIS EASTWOOD DAN F. NICOL EDWARD J PLUIMER FRANK H. V01GT KENNETH W ERICKSON WILLIAM H. HIPPEE. JR OWEN C MARK ROBERT A. BURNS JAMES E. BOWLUS ROGER J. MAGNUSON GEORGE LCHAPMAN J ROBERT HIBBS THOMAS D. VANDER M.OLEN JAY F. COOK MARK A JARBOE STANLEY M. REIN BRUCE D BOUNDER CHARLES L POTUZNIK VERLANE L.ENOORF 0ENN15 P. BURATTI OF COUNSEL GEORGEANN BECKER DONALD WEST ROBERT L "HOBBINS WALDO F MAROUART BARRY D. GLAZER GEORGE E. ANDERSON PETER S HENDRIASON JOHN F. FINN I enclose the following documents relative to the Colonial Church development: 1. Four copies of a parking lot agreement. This has been reviewed with you and, I believe, is now in acceptable form. All copies have been signed by the Church. It is now to be signed by the Mayor and Manager. Once signed, a copy should be retained by the City and three copies returned to me. I will deliver those copies to the Church. The Church does intend to record the agreement. I see no reason to object to the recording. 2. A warranty deed from the Church to the City for Lot 1, Block 1, COLONIAL CHURCH OF EDINA FIRST ADDITION. The deed contains a restriction that the property be used for public park, public parking and related purposes. The City already has a quitclaim deed to the same property. The enclosed deed is dated the same date as the quitclaim deed, September 30, 1977. I suggest the warranty deed be recorded whether or not the quitclaim deed has been recorded. 1I pre - sume that Lot 1 has already been exempted from taxation begin- ning with the taxes payable in 1978; if not, that exemption should now be processed .3 If you wish us to assist with the recording of the deed, please advise. 3. A letter from the Church to the City, dated September 30, 1977, advising that the taxes payable in 1977 and prior years against Lot 1 will be paid by the Church without 0 I DORSEY. WINDHORST, HANNAFORD, WHITNEY & HALLADAY Mr. Gordon L. Hughes Page 2 November 15, 1977 prejudice to its exemption claims and authorizing transfer of all special assessments from the lot conveyed to the City to the other property of the Church. 4. A proposed form of resolution, together with attached map, whereby a portion of road to complete Colonial Way is dedicated by the City. The Church has requested this resolution to confirm the existence of a public road from the church property all the way to Tracy Avenue. The resolution also ,accepts the release of an easement over the public road area in favor of the Church. That deed has not yet been delivered to the City, but soon will be. If these documents now look in order, I suggest the matter be placed on the Council agenda for November 21. The Council should (i) a_ rove execution and delivery of the pA—rkin2 agreement, (ii) • e�on�yancq��t�,1.,�,lock 1, COLONIAL CHURCH OF EDINA FIRS_T_ADDITI N (unless this con- veyance was previously accepted by the City at an earlier meeting), (iii) accept the quitclaim deed releasing the_eas_e_- ment in favor of the Church (this deed is to be forthcoming), and (iv) adopt the resolution ed;.ai -;ng the areas owned_by the City and within the new Colonial Way road for public street purposes. If you have any questions, please advise. Very truly yours, TSE /abc Th1P- 1 S. Erickson --- - Enclosures y cc (w /o encs): Ms. Florence B. Hallberg Mr. Kenneth E. Rosland P.S. I would hope that the City has previously accepted the deed to Lot 1, Block 1, etc., and that it need not now accept this deed. This is because, in order to exempt the prop- erty from taxes payable in 1978, the property must have been owned by the City prior to October 15, 1977. I presume there is some Council action noted prior to September 30, the date of the original quitclaim deed to the City. � -ti' l 1 "—­9