HomeMy WebLinkAbout1976-04-19_COUNCIL MEETINGAGENDA
EDINA CITY COUNCIL
REGULAR MEETING
APRIL 19, 1976
ROLLCALL
MINUTES of April 5,.1976, approved as submitted or corrected by motion of
seconded by
RECOGNITION OF MR. AND MRS. JOSEPH B. MOORE AND MR. AND MRS. H. CLIFTON WHITEMAN
I. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk.
Presentation by City Manager and Engineer. Spectators heard. 4/5 favorable
rollcall vote to pass.
A. Storm Sewer Improvement No. P -ST.S -150 - Back lot lines Block 3, Viking
Hills 2nd Addition, and Block 1, Viking Hills 3rd Addition, Arctic Way to
300' East
B. Street Improvement No. P -BA -220 - W. 69th Street from France Ave. to Xerxes
Ave. (Continue to 5/17/76)
C. Sidewalk Improvement No. P -S -19 - South side of W. 69th Street from France
Ave. to Xerxes Ave. (Continue to 4/17/76)
D. Traffic Signal Improvement No. P -TS -1 - W. 69th Street and York Avenue
(Continue to 4/17/76)
II. PUBLIC HEARINGS ON ZONING MATTERS Affidavits of Notice by Clerk. Presentation
by Planning Department. Spectators heard. First Reading requires offering of
ordinance only. 4/5 favorable rollcall vote for.Second Reading or if Second
Reading should be waived.
A. First Reading
1. Nelson Smith & Associates - Plat 61060, Parcel 5000 (4536 France Ave. S.)
R -1 Single Family Residence District to C -2 Commercial District
Z -76 -2 (3/31/76) (Ordinance No. 811 -A72)
2. Ordinance No. 811 -A73 - Permitting Certain Additions to Non - conforming
Single Family Dwellings
3. Ordinance No. 801 -All - Subdivision Financing Agreements
B. Second Reading
1. Ordinance No. 811 -A71 - Lot 3, Block 1, Edenmoor Addition - C -4 -
Automotive Commercial District to C -2 Community Commercial District
(5241 Eden Ave.)
2. Ordinance No. 811 -A63 - -Edina Green - R -1 Residential District to R -2
Multiple Residence District and PID Planned Industrial District -
Generally located East of County Road 18 and South of Malibu Drive
Z -75 -2
III. PUBLIC HEARING ON PRELIMINARY PLATS Affidavits of Notice by Clerk. Presenta-
tion by Planning Department. Spectators heard. 3/5 favorable rollcall vote
to pass.
A. Buchanan Addition - Generally located South of Dewey Hill Road, East of
the Schuster property and West of Delaney Blvd. and Cahill Road - S -76 -2
(3/31/76)
B. Bri -Mar Corporation Registered Land Survey - Generally located North of
W. 51st St., South of W. 50th St., and East of Halifax Ave. - S -76 -3
(3/31/76)
IV. PUBLIC HEARING ON BOARD OF APPEALS AND ADJUSTMENTS DECISION Affidavits of
Notice by Clerk. Presentation by Planning Department. Spectators heard.
Action of Council by Resolution. 3/5 favorable rollcall vote to pass.
A. David A. Austin - Appealing Board of Appeals and Adjustments decision of
March 18, 1976 regarding setback for Lot 23, Block 3, Brookside Heights
(5013 Bedford Ave.)
V, AWARD OF BIDS Tabulation and recommendations by City Manager. Action of
Council by motion.
A. Dump Trucks
B. Sidewalk Sweeper
VI. COMMUNICATIONS
A. Minnesota Pollution Control Agency - Hooten Cleaners
B. Edina Mill Site (Dwight Williams Park) - Public Hearing on Eligibility
for National Register
April 1.9, 1976 Agenda
Page Two
V1:I. RECODIT1F;NDATIONS AND REPORTS
A. Planning Commission
1. Final Plat.Approvals
a. Edina Green (S- 74 - -13). Generally located.East of County Road 18
and South of Malibu Drive
b. Yorktown Second Addition (S- 75 -18) Cenerally located South of
Hazel -ton Road and West of York Avenue (12 /3/75)
2. Amendment of Declaration of Restrictions and Protective Covenants -
Yorktown
B. Bicycle Safety Education & Law Enforcement Program - Edina Chamber of Commerce
C. Traffic Safety Committee Minutes of April 13, 1976
D. Housing Inspection Need
E. Beer License - Cicero's
F. Senior Police Eligibility Reserve
G. Set Hearing Dates - Morningside Improvements
H. Appointment of Commission and Committee Members
I. Metropolitan Council Mailing on New Laws
J. Bredesen Park Cooperative Agreement with Nine Mile Creek Watershed District
K. Assn. of Metropolitan Municipalities - Committee Vacancies
VIII. ORDINANCES First Reading requires offering of ordinance only. 4/5 favorable
rollcall vote if Second Reading should be waived.
A. First Reading
1. Ordinance No. 901 -A6 - Temporary Beer. Licenses
2. Ordinance No. 1401 -A3 - Parking for the Handicapped
IX. RESOLUTIONS
X. ANY OTHERS 14HO DESIRE HEARING BEFORE COUNCIL
XI. FINANCE
A. Purchase of Turf Truckster (Continued from 4/5/76)
B. Purchase of Additional Radar System
C. Purchase of Traffic Paint
D. Purchase- of Reflective Sign Material
E. Mowers - Park Department
F. Exercise of Thomson Option - Garden Park
G. Hume Property - 6617 McCauley Trail
H., Hosek Property - 5700 Dewey Hill Road
I. Voting Machine Tune -up
J. CLAIMS PAID. Motion of seconded by for
payment of the following Claims -as per Pre - List: General Fund, $238,237.89;
Park Fund, $1,115.39; Park Construction,.$495.00;.Swimming Pool, $23.60;
Golf Course, $1,977.82; Arena, $3,546.59; Gun, $12.15; Water, $2,616.93;
Sewer., $687.59; Liquor, $192,506.43; Construction, $15.00; Total, $441,234.39
0
March 31, 1976
Mr. and Mrs. H. Clifton Whiteman
5201 S. Blake Road
Edina, Mil 55436
Haar Mr. and Mrs. Whiteman:
The City of Edina wishes to take this opportunity to thank you for your
generous contribution of land and open space.
The Council would like to recognize you publicly and offer a word of
appreciation to you at the Council Meeting to be held on April 19,
1976, at 7:00 p.m.
The presentation will be made the first thing on the agenda and will
take only a few minutes.
Please let me know whether or not you will be aide to attend this
meeting.
Yours very truly,
City Clerk
March 31, 1976
Mr. and Mrs. Joseph Moore
5100 Grove St.
Edina, MN 55436
Dear Mr. and Mrs. Moore:
The City of Edina wishes to take this opportunity to thank you for your
generous contribution of land and open space.
The Council would like to recognize you and offer a word of appreci-
ation to you publicly at the Council Meeting to be held on Rpril 19,
1976, at 7:00 p.m.
The presentation will be made the first thing on the agenda and will
take only a few minutes.
Please let me know w;iether.or not you will be able to attend this
meeting.
Yours very truly,
City Clerk
BOR O C L A M A T I O N
� • iC
WHEREAS, crime and its effect upon the lives and property of our citizens
continued undiminished, despite efforts by government, citizens' organi-
zations and many individuals; and
WHEREAS, the problems of crime touch and affect all segments of our society
undermining and eroding the moran and economic strength of our communities
and their citizens; and
WHEREAS, there is still a reluctance on the part of many citizens to involve
themselves in actions to insure the protection, rights and well -being of
their fellow citizens; and
WHEREAS, Optimist clubs and their members continue to sponsor and support
programs aimed at combatting crime and disrespect for law through year-
round efforts;
NOW, THEREFORE, BE IT RESOLVED that I, James Van Valkenburg, proclaim the
week of May 1 -7, 1976, as RESPECT FOR LAW WEEK, and ask all citizens of
the City of Edina to join with the Optimists in carrying the message of
respect for law to other citizens, and by example, exercise responsible
citizenship.
ADOPTED this 19th day of April, 1976.
(signed) JAMES VAN VALKENBURG
Mayor
ATTEST:
(signed)
r . 1.
OPTIMIST INTERNATIONAL
4494 LINDELL BOULEVARD - ST. LOUIS, MISSOURI 63108 - 314 - 371 -6000
PATRICK L. GRADY
PRESIDENT- 1978/76
637 ROUND HILL RD.
INDIANAPOLIS, IND. 46260
Warren Hyde, City Manager
City of Edina
c/o City Hall
Edina, Minnesota 55424
Dear Mr. Hyde:
April 1, 1976
a�t�Misr
�FRNAf�� ?P
As a part of Optimist International's continuing efforts to promote
citizen awareness and participation in civic affairs, we sponsor an
annual Respect For Law Week. This program is conducted by our
affiliated Optimist clubs in the United States and Canada during the
week of May 1-7.
Your assistance and cooperation are requested in the efforts taken
to achieve widespread public observance of Respect For Law Week.
We respectfully request you to issue a proclamation, or statement
of support, designating May 1 -7, 1976, as Respect For Law Week.
Enclosed is a suggested text for such a resolution. On behalf of
the 120,000 Optimists in 3,300 communities throughout Canada and
the United States, I invite you, through the issuance of the procla-
� ?� mation, to join Optimist International's efforts to bring about in-
creased citizen respect for, and awareness of, respect for law.
Sincerely,
Patrick L. Grady, President
Optimist International
. . 0� �11 '6
-. .__. IVtL�LCL'AJ,- -lttluC'.C...1115 vcry._ nuie -u ii cc. Div.., .......... e- ..o«•..,... •- -- ---- -- -- - - -- —__ .. _,_..
Q0 ization of the Edina Fire Department and great strides have been made in fire
prevention throughout the City;
00 NOW, THEREFORE, BE IT RESOLVED that the Edina City Co
commend
q FIRE CHIEF JAMES MC NELLIS
w for his outstanding accomplishments during his years of service for the City of
Edina and wish him long -years of happy retirement; and
BE IT FURTHER RESOLVED that a copy of this resolution be recorded upon the pages
of the Minutes Book of the City of Edina and that an appropriate copy of this
resolution.be presented to Fire Chief James McNellis.
Chief McNellis accepted the resolution and e.:pr-essed hi.s. anpreciation_ .to .the.
Council. ( P1rn 6+1 ®h
B TY PEEK � ea
ijas
i.
b Vr'n„nrilman Ri arrl_
� PROCLAMATION
As Mayor of the.City of Edina, I call upon all members of this commumity to give
their wholehearted support to the Ifth Annual Edina Bicycle Safety Program which
will be conducted Monday, April 17 through Friday., May 1 under the united efforts
of the Edina Lions, Jaycees, Rotary, Scout Troops, Police Department, Greater
Edina Chamber of Commerce, Optimists, Southdale Optimists, Edina Federated Junior
Women's Club, League of Women Voters, The Womens Club and the PTAs and parent
groups of the eight Edina Elementary Schools and three Parochial schools.
The purpose of the Program is to reduce the hazards of bicycle riding for young
bicyclists, as well as for pedestrians and motorists. The growing congestion of
our streets and highways daily increases the dangers for the careless or unskilled
rider. Reports of hundreds of deaths and thousands of injuries each year through-
out our nation (due to collisions between bicycles and motor vehicles alone) have
alerted us to the need for such a Program. By training our boys and girls, at an
early age, in proper riding skills; by teaching them the laws governing bicyclists;
by explaining the reasons for obeying safety rules; and by helping them to be
t to
aware of the hazards of biking -- we feel Edina is making a concerted attemp
assure that the number of accidents does NOT keep up with the ever increasing
number of bicyclists. The energy crisis may even now be creating the need for
our adults to use their bicycles as a means of transportation for short haul
errands. It behooves us all to remember that a bicycle is no longer just a toy
but a vehicle to be taken seriously; therefore we should all become thoroughly
familiar with the "rules of the road" to minimize the incidence of accidents.
The safety of our children cannot be.telegated to a once =a -year campaign.
call for the support of every parent in carrying out this campaign all year long;
and I urge every youngster to participate in this Bicycle Safety Program and then
practice what he has learned -- for his own safety as well as other's.
g/
�- �,
Dear Mr. Hyde:
April 12, 1976
In early February you asked that I check into.the feasibility and need of a
home inspection program in Edina. The reason for the research was the January death
of an Edina man due to a faulty furnace.
started my project with Mrs. LaVonne Garoutte, a strong - advocate of home and
safety inspections., Following her leads I was able to contact Mr. Don Sewell, St.
Louis Park Inspector; Mr. Bob Lines of the Minneapolis Inspections Department and the
Hopkins Inspections Department.
All indicated some measure of success in their programs - they also indicated a
need. St. Louis Park had a -good deal of poorly constructed post WWII housing and
Minneapolis had a lot of old homes.
My next step was to determine the need for housing inspections ih Edina. I went
about this by means of a survey. I sent out 100 surveys with attached Edina maps,
to insure a good return. Twentyone of the 100 have been returned. After reviewing these
twentyone returns, I would say that Edina definitely has neither the want nor the
need for a home inspection program.
Out of the 21, six indicated that they had significant problems during the first
18 months of ownership. However, eightteen felt they got a good, fair deal on their
home; and only three felt that important imformation regarding their home was with -
held.-Taking these figures and such comments as: "Happy to be here from `the 'Sunshine
State'," and "Edina is certainly a concerned and progressive community," I think
can assume that buying a home in Edina is a safe, if not enjoyable experience.
Sincerely.,
5" 1
Kent Keith,
Administrative Interne
.A ti
1:4 ,
URNBLAk-714 4 CitY"b Of
4601 WEST FIFTIETH STREET - EDINA, MINNESOTA 87424
927 -8861
13 February, 1976
Dear Homeowner,
Welcome to Edina! We realize the problems of being a homeowner
and would like to help you in any way we can. Edina offers many
services for its homeowners, including its many parks, well -kept
streets, an ice arena, and even a municipal pool. There are other
services that, being a new homeowner, you may not know about, such
as the crime prevention methods of Operation I.D. or the free paramedic
and ambulance services. Edina is always striving to meet the needs of
its citizens. Presently, we're trying to determine the need for home
inspections on houses changing ownership. We need your help! If you
would fill out the attached survey, you would be doing the City a
great service in determining the need for a home inspection program.
For your time and effort, we have included this handy and often
used map of Edina.
hgd
Thank you for your time,
Kent Keith
Administrative Interne,
City Manager's Office
P.S. - Please return by March 1st, if possible.
J
ROME INSPECTION SURVEY- Tally
1. How long have you lived in Edina? Varied responses
2. How long have you lived in your present home? Varied responses
3. Approximately how old is your home?
4. Have you had any significant problems with your home since
buying it?
5. Did these problems deal with:.
a*
b.
C.
d.
e.
f.
8•
the heating system (furnace)?
the water heater?
the electrical system?
the plumbing systems?
the structural system?
infestation of rats, insects, and /or other vermin?
others (please explain)
6. Did these problems take place:
a. first year of ownership?
b. first 18 months of ownership?
.Circle one: 1 -5 Years 4
5 -10 Years 2
10 -20 Years 6
20 -40 Years 7
Over 40 Years 2
7. Do you wish you had your home inspected before you bought it?
8. Do you feel that either the former owner or the real estate
agent misled you or withheld important information regarding
your home?
9. Do you feel you got a good, fair deal on your home?
10. Do you feel Edina has a need for a home inspection ordinance?
11. If Edina were to require home inspection for homes changing
hands, how much would you be willing to pay?
COHMENTS :
NAME 15
YES 6 NO 15
YES 1
NO
YES =
NO
YES 2
NO
YES 3
NO
YES
NO
YES 1
NO
YES 2 NO
YES 7— NO
YES 8 N0 12
YES 2 NO 19
YES 18 NO 3
YES 9 NO 10
Circle one:
12- Everywhere from cynically against to positively in favor of.
PHONE
ADDRESS DATE
(You may remain anonymous, if you wish)
$10 -$15 5
$15-$3D=
Over $30 3
Mr. and Mrs. H. Clifton Whiteman
Donated a portion of the land located. by Mirror Lake on Blake Road
City paid $100,000 and Mr. Whiteman donated $50,000 for a total price of
$150,000.
Mr. and Mrs. Joseph.B. Moore
Donated a portion of the Land located at 5100 Grove Street
City paid $75,000 and they donated $35,000 for a total price of $110,000
They have lived in the City for many years and have been active in many civic
organizations. (Jerry Dalen might have more information.)
1 V
z
IEGAN, FIELD & NOWAK, INC
SURVEYORS]
�1
`
.7415 WAYZATA BOULEVARD E F MINNEAPOLIS, MINNESOTA l.26
/ Estee. 1�Tj
• N
see
rh"IS: 5464837
PRESIDENT
ARTHUR E. OSTLUND _
- IGIIII-111 I�r,l! H••vlrOt
VICE PRESIDENT
DESCRIPTION FOR VILLAGE DEVELOPMENT
I
_
VERNON A. NICKOLS %
DUPLEX LOTS PARCEL
tICHII t(D 1AN0 1-j-1102
,
That part of the Northwest Quarter of the Northwest - Quarter of Section 31,
Township 117, Range 21, described as follows:
Beginning at the southwest corner of Block 1, MALIBU HEIGHTS; thence
South 33 degrees 52 minutes 15 seconds East, 78.99 feet; thence South
3 degrees 22 minutes 54 seconds West, 130.00 feet; thence easterly
62.82 feet along a non - tangential curve, concave to the North, having a
radius of 130 feet and a chord bearing of North 81 degrees 45 minutes
12 seconds East; thence South 22 degrees 05 minutes 21 seconds East,
69.22 feet; thence South 21 degrees 30 minutes 34 seconds West, 183.63 feet;
thence North 73 degrees 22 minutes 07 seconds West, 167.79 feet; thence
North 0 degrees 53 minutes 55 seconds West, 155.59 feet; thence North
73 degrees 23 minutes 08 seconds. West, 69.29 feet; thence northwesterly
278.58 feet, along a tangential clrve to the right-having a radius of
260 feet, to an intersection withAw'esterly extension of the South line
of said MALIBU HEIGHTS; thence on an assumed bearing of North 89 degrees
` 31'minutes 48 seconds East, along said,extended line, 352.99 feet to the
point of beginning. ;
a.
IN11111i
14
OFFICIAL PUBLICATION)
City of Edina
4801 W. 50th Street
Edina, Minnesota 55424
April 7, 1976
NOTICE OF PUBLIC HEARINGS
THE EDINA CITY COUNCIL will meet at the Edina City Hall, 4801 W. 50th Street, on
Monday, April 19, 1976,' at 7:00 P.M., and will at said time and place consider
the following:
1. Preliminary Plat of Buchanan Addition, generally located south of Dewey Hill
Road, east of the Gordon Schuster property, and .west of Delaney Boulevard and
Cahill Road, described as follows: That part of the East 12 Acres of the
M of the SA lying North of the South 440 feet thereof, except road, Section 8,
Township 116, Range 21.
2. Preliminary Bri -Mar Corporation Registered Land Survey, generally located north
of W. 51st Street, south of W. 50th Street, and east of Halifax Avenue,
described as follows: That part of Lots 41, 42, and 43, Auditor's Subdivision
No. 172, Hennepin County, Minnesota, described as beginning at a point in the N
line of the S 189.5 feet of said Lot 43, distant 56.77 feet W of the E line of
said Lot 43, thence. Wly along said N line, a distance of 3.23 feet to the NW
corner of the E 60 feet of the S 189.5 feet of said Lot 43; thence N parallel with
the east line of said Lot 43, a distance of 166.5 feet to the N line of said Lot 43;
thence Wly a distance of 161.07 feet to the NW corner of said Lot 43; .thence Sly
along the W line of said Lot 43, a distance of 150 feet; thence Ely parallel with the
N line of said Lot 43, a distance of 18 feet; thence southerly parallel with the W
line of said Lot 43, a distance of 18 feet; thence Wly parallel with the N lines.
of said Lots 43 and 42, a distance of 88.64 feet to a point 9.36 .feet Ely of the W line
of said Lot 42; thence Sly parallel with the W line of said Lot 42.a distance of
126.85 feet; thence SEly 100.57 feet on a tangential curve to the left having a radius
'of 70 feet; thence Ely on a line tangent to the above described curve, 168.67 feet;
thence continuing SEly 10.83 feet on a tangential curve to the right having a radius.
of 180 feet to an intersection with a line produced Sly from the point of beginning
through a point in the south line of said Lot 43, a distance of. 53.67 feet Wly of the
SE corner of said Lot 43; thence Nly along the aforedescribed line, 220.61 feet to
the point of beginning.
3. Ordinance amending the Zoning Ordinance No. 811 to permit certain additions to
Nonconforming Single Family Dwellings.`
4. Ordinance Amending the Subdivision Ordinance No. 801 relative to subdivision
financing agreements to delete the requirement to record an agreement to pay,
special assessments, to specify the kind of letter of credit that will be accepted,
and to require written agreements on escrow deposits.
5. Appeal by Mr. David A. Austin, 5017 Bedford Avenue, of a Board of Appeals and
Adjustments decision on March 18, 1976, approving a request by Mr. William R.
Winsor, 5013 Bedford Avenue (Lot 23, Block 3, Brookside Heights), for a 4.8 foot
side yard setback variance.
All recommendations and objections will be heard at said meeting.
BY ORDER OF THE EDINA CITY COUNCIL.
FLORENCE B. HALLBERG
City Clerk
Please.publish in the Edina Sun on Wed., April 7, 1976.
Please send 5 Affidavits of Publication.
0 SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
EDINA SUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
SS.
County of Hennepin
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Edina Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50% of its news columns ( Pvoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second -class
matter in its local post - office. (5) Said newspaper purports to serve the City of Edina
in the County of Hennepin and it has its known office of issue in the City of Bloomingtcn in
said county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer of, said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper is made available at single or subscription j
prices to any person, corporation, partnership or other unincorporated association requesting
the newspaper and making the applicable payment. (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned
below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January
1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of ,I
State and signed by the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
1
He further states on oath that the printed Notice of Public Hearing
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for--O--n—e--successive weeks:I
i
i f
that it was first so published on Wed the 7 day of April 19 761
I
and was thereafter printed and published on every to and including,
the day of 19— and that the following is a printed copyl' f
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to -wit:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me thin 7 day of April V 19_L6
I'AAAAAAAAAAAAAAAAAAAA,V%4AAAAAAAAAAAx
MURIEL L. QUIST ' -
� NOT Y P - E
My Comm. txpireejuly 28, 1978
x m
(Official Publication)
City of Edina
4801 W 50th Street
Edina, Mlnnesota 554244 c
' - -April 7, 1976
NOTICE OF PUBLIC HEARINGS
THE EDINA CITY COUNCIL'will
meet:at the Edina City Hall, 4801. W. -
50th Street, on Monday, April 19;1976,
at 7:00 P.M., and will at said time and
place consider the following:,
L Preliminary Plat of Buchanan
Addition, generally located south
of Dewey Hill Road, east of the
Gordon Schuster property, and
w west of Delaney Boulevard -and
Cahill - Road, described as fol-
lows: That part of the East 12
Acres of.the NYz of the SWI /4 lying
North of the -South 440-'feet
thereof, except road, Section 8,
Township 116, Range 21.
I 2. Preliminary Bri -Mar Corpora-
Hon Registered Land ' Survey,
generally located north of W. 51st
Street, south of W. 50th Street,
and east of Halifax Avenue, de- '
scribed as follows: That part of
Lots 41, 42, and 43, A'uditor's Sub-
division No. .172; Hennepin
County; Minnesota, described as
beginning at a point in the N line
of the S 189.5 feet of said Lot,43,
distant 56.77 feet W of the E line of
said Lot 43,, thence Wly along
said N line, a distance.of 3.23 feet
to the NW. corner of the E 60 feet
of the S 189.5 feet of said Lot 43; _
thence N parallel 'with- the east
line of said Lot 43, a distance of
166.5 feet to the N line of said Lott
43; thence Wly, "a distance of
161.07 feet to the NW. corner of
said Lot 43; thence Sly along the
W line of said Lot 43, a distance of
150 feet;' thence Ely parallel
with the N line of said Lot 43, a
distance of 18 feet; thence south-
erly parallel with the- W.line of _
y.., said Lot 43, a.distance of 18 feet;
thence Wily parallel with the;N
dines of said Lots 43 and 42, a dis-•
tance_of 88.64 feet to a point 9.36 {
feet Ely of the W line of said Lot
42; thence'Sly parallel with the W
line of said Lot 42 a distance of
126.85, feet; thence_ SEIy 100.57,
feet on a tangential curve to the _
left having'a radius V 70 feet;
thence Ely on a line tangent to the
above described curve,', 168.67
feet; thence continuing SEIy- 10.83..
feet on a tangential curve to the -
right having a radius thence'con-
timing SEIy, • 10.83` feet on a
tangential curve to the right hav-
.'ing a radius of 180 feet•to an inter -
section with a line produced.Sly
from the point of be
through a point in the south line of
said Lot 43,'a distance of 53.67 feet
Wlyof the SE corner of'said Lot
43; thence Nly along the
aforedescribed line; 220.61 feet to
the point of beginning. 1".
3. Ordinance amending the Zoning ,
Ordinance No. 811 to permit cer
tairi'additions to Nonconforming
Single Family Dwellings:
4. Ordinance Amending,Ithe Sub-
division Ordinance No.•801 rela-
'tive to subdivision financing.ag-
reements•to delete theiregdire-
mentao record an agreement +to
pay special" asses sments,,�to
specify the kind'of letter oferedit
that will be,accepied, and to re-
quire written agreements;on es-
crow deposits. '
5. Appeal by,,Mr. David A. Austin,
501 ?, Bedford Avenue, of a Board
R! Appeals.and Adjustments deci-
sion,onMarch 18, 1976; approving,
a request by Mr. William -R. Win -
sor, 5013 Bedford Avenue (Lot 23, ,t
Block 3; Brookside Heights), for a
4.8 foot side ,yard setback var-
,.iance. r
All recommendations'.. and objec-
tions will be heard at said'meeting.
BY ORDER OF THE EDINA CITY
COUNCIL.,
FLORENCE B.'HALLBERG ,
1 City Clerk '
(April 7, 1976)— ED-5A•
i .
File No.
Affidavit of Publication
4 0 EDINA SUN
Edina, Minnesota
In The Matter Of
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
EDINA SUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
SS.
County of Hennepin
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Edina Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total .
circulation currently paid or no more than three months in arrears and has entry as second -class
matter in its local post - office. (5) Said newspaper purports to serve the City of Edina
in the County of Hennepin and it has its known office of' issue in the City of Bloomingtcn in
said county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper is made available at single or subscription
prices to any person, corporation, partnership or other unincorporated association requesting
the newspaper and making the applicable payment. (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day-or dates of publication mentioned
below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January,
1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
He further states on oath that the printed Notice of Public Hearir
hereto attached as a part hereof was cut from the columns of said newspaper, and was
and published therein in the English language, once each week, for one successive
that it was first so published on Wed the 7 day of April
and was thereafter printed and published on every to and
the day of , 19 and that the following is a printed
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as
the size and kind of type used in the composition and publication of said notice, to -wit:
abcdefghijklmnopgrstuvwxyz
-
Subscribed and sworn to before 'me W- 7 day Of April 19__L6
Ta ',MM"AAAM1C
MURIEL L. QUIST
✓" NOT Y PUB C - MINNESOTA
N N C NTY
yn
(Official Publication)
City of Edina .
4801 W. 50th Street - ;
Edina, Minnesota 55424•r F :.,_ .J
April .7, 1976 • "
NOTICE OF PUBLIC HEARINGS
THE EDINA.CITY COUNCIL: will
rpeet atthe�Edina'City'Hall, 4801'W.
SOt !kreet; od Monday, April l9, 1976,
at 7100 P.M., and "will at said time and
place considerthe following:
1. Preliminary Plat of ,Buchanan '
Addition, generally located south'
of Dewey Hill Road, east.of the
" Gordon. Schuster property, 'and
west of Delaney- Boulevard and
Cahill Road, described as fol
lows: That part of- the East 12
Acres of the N16 of the SWy4lying
North of the South 440 feet;
thereof, except road,.Section.8;.
Township 116, Range 21. '
2. Preliminary Bri-Mar Corpora - '
tion Registered Land Survey,,
generally located north of W. 51st,
J ' Street, south of W. 50th Street,
and east of Halifax Avenue, de-
scribed as follows: That.part of
1 Lots 41, 42,'and'43, Auditor's Sub -
division No. 172, Hennepin
County, Minnesota, described as
beginning at a point in the N line
of the S 189.5 feet of said Lot 43,
A distant 56.77 feet W of the E line of
said Lot 43, thence Wly 'along
said N line; a distance of 3.23 feet
to the NW corner of the E 60 feet
of the S 189.5 feet of said L•ot 43;
thence N. parallel with the east
line of,said Lot 43, a distance of
166:5 feet to the N line of said Lot
43; thence Wly ;a• distance of
161.07 feet to the' NW corner of
said Lot 43; thence Sly along the
W line of said Lot 43, a distance of
150 feet; thence Ely ,parallel
with the N line of said Lot 43, a
distance of 18 feet; thence south-
erly parallel' with the 'W line of
said Lot 43, a distance of 18 feet;
thence -Wly parallel with the N
lines of said Lots 43 and 42,'a dis-
tance of 88.64 feet to a point 9.36
feet Ely of the W line of said Lot,
42; thence Sly parallel with the W
line of said Lot 42 a distance of
126.85 feet; thence SEIy' 100.57 -
' feet on a tangential curve to the
left having a radius of 70 feet;
thence Ely on aline tangent to the
above described curve, 168.67.
feet; thence continuing SEIy 10.83
feet on a tangential curve to the
right having a)radius thence con-
timing SEIy ,10.83 feet on a
tangential curve to the right hav-
ing a radius of 180 feet to an inter-
section with aline produced Sly
from the point of beginning
through a point in the south line of
said Lot 43, a distance of 53.67 feet
Wly of the SE corner'of said Lot
43; thence Nay along the
i aforedescribed line, 220.61 feet to )
1 the point of beginning.
3. Ordinance amending the Zoning
Ordinance No. 811 to'permit cer-
tain additions'to Nonconforming ,
Single Family Dwellings., -
4. Ordinance Amending the; Sub-
„ division Ordinance No. 801 rela-
Aive to subdivision financing ag-
reements to, delete the require -
ment to- record an agreement to .
.,pay.. special assessments, to
specify the kind,of letter of credit
that will be accepted; and to re-
quire' written 'agreements on gs -'
crow deposits;,
5. Appeal by Mr. David A., Austin,
5017 Bedford Avenue,of'a Board •
of Appeals and Adjustments deci-
sion on March 18, 1976; approving
arequestbyMr. William R. Win -
sor, 5013 Bedford Avenue (Lot 23,
Block 3, Brookside Heights); for a
.4.8 foot-side yard setback var- .
'lance. "
AN recommendations and objec-
tions will: be heard• at said meeting:
BY,ORDER OF THE EDINA CITY
'COUNCIL
FLORENCE B. HALLBERG
City Clerk
1.
(April7, 1976) —ED�5A
File
Affidavit of Publication
EDINA SUN
Edina, Minnesota
In The Matter Of
(Official Publication)
City of Edina
4801 W. 50th Street
Edina, Minnesota 55424
April 7, 1976
NOTICE OF PUBLIC HEARINGS
THE EDINA CITY COUNCIL will
meet at the Edina City Hall, 4801 W.
50th Street, on Monday, April 19, 1976,
at 7:00 P.M., and will at said time and
place consider the following:
1. Preliminary Plat of Buchanan
Addition, generally located south
of Dewey Hill Road, east of the
Gordon Schuster property, and
west of Delaney Boulevard and
• Cahill Road, described as fol-
lows: That part of the East 12
Acres of the Nih of the.SWy4 lying .
North of the South 440 feet
thereof, except road, Section 8,
Township 116, Range 21.
2. Preliminary Bri-Mar Corpora-
tion Registered Land Survey,
generally located north of W. 51st
Street, south of W. 50th Street,
and east of Halifax Avenue, de-
scribed as follows: That part of
Lots 41, 42, and 43, Auditor's Sub-
division No. 172, Hennepin
County, Minnesota, described as
beginning at a point in the N line
of the S 189.5 feet of said Lot 43,
distant 56.77 feet W of the E line of
said Lot 43, thence Wly along
said N line, a distance of 3.23 feet
to the NW corner of the E 60 feet
of the S 189.5 feet of said Lot 43;
thence N parallel with the east
line of said Lot 43, a distance of
166.5 feet to the N line of said Lot
43; thence Wly a distance of
161.07 feet to the NW corner of
said Lot 43; thence Sly along the
W line of said Lot43, a distance of
150 feet; thence Ely parallel
with the N line of said Lot 43, a
distance of 18 feet; thence south-
erly parallel with the W line of
said Lot 43, a distance of 18 feet;
thence Wly parallel with the N
lines of said Lots 43 and 42, a dis-
tance of 88.64 feet to a point 9.36
feet Ely of. the W line of said Lot
42; thence Sly parallel with the W
line of said Lot 42 a distance of
126.85 feet; thence SEIy 100.57
feet on a tangential curve to the
left having a radius of 70 feet;
thence Ely on a line tangent to the
above described curve, 168.67
feet; thence continuing SEIy 10.83
feet on a tangential curve to the
right having a radius thence con-
tinuing SEIy 10.83 feet on a
tangential curve to the right hav-
ing a radius of 180 feet to an inter-
section with a line produced Sly
from the point of beginning
through a point in the south line of
said Lot 43, a distance of 53.67 feet
Wly of the SE corner of said Lot
43; thence Nly along the,
aforedescribed line, 220.61 feet to
the point of beginning.
3. Ordinance amending the Zoning
Ordinance No. 811 to permit cer-
tain additions to Nonconforming
Single Family Dwellings.
4. Ordinance Amending the Sub-
division Ordinance No. 801 rela-
tive to subdivision financing ag-
reements to delete the require-
ment to record an agreement to
pay special assessments, to
specify the kind of letter of credit
that will be accepted, and to re-
quire written agreements on es-
crow deposits.
5. Appeal by Mr. David A. Austin, .
5017 Bedford Avenue. of a Board
of Appeals and Adjustments deci-
sion on March 18, 1976, approving
a request by Mr. William R. Win -
sor, 5013 Bedford Avenue (Lot 23,
Block3, Brookside Heights), for a
4.8 foot side yard setback var-
iance.
All recommendations and objec-
tions will be heard at said meeting.
BY ORDER OF THE EDINA CITY
COUNCIL.
FLORENCE B. HALLBERG
City Clerk
(April 7, 1976) —ED-5A
LOCATION MAP,--,af - o4--I
REQUEST NUMBER: S -76 -2
S of Dewey Hill Rd, E of Schust<
LOCATION: Property, W of Delaney & Cahill
REQUEST: 14 lot single family sub-
division.
village planning dcpartment villAge of edi nta
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REQUEST NUMBER: S -76 -2
S of Dewey Hill Rd, E of Schust<
LOCATION: Property, W of Delaney & Cahill
REQUEST: 14 lot single family sub-
division.
village planning dcpartment villAge of edi nta
EDINA PLANNING COMMISSION
STAFF REPORT
March 31, 1976
5 -76 -2 Buchanan Addition. Generally located south of Dewey Hill Road,
east of the Schuster property, and west of Delaney Boulevard and
Cahill Road.
Refer to: Attached area map and subdivision dedication report:
The proponents are requesting to divide the Ed Lindquist property,'which is
located south of Dewey Hill Road and immediately east of the Schuster
property. They desire to subdivide the property into 14 single family lots
ranging in square footage from 11,700 square feet to 27,000 square feet,
the average lot size being about 15,000 square feet. The Kemrich Knolls
area, immediately to the north, has lot sizes of 13,500 square feet to 20,000
square feet, thus the lot sizes are similar to the surrounding single family.
residential development.
The proponents are proposing that the southernmost part of the property and
a strip along the east side be dedicated per the staff's suggestion. The
staff would suggest, however, that the area at the south be identified as
park and the strip along the east side be identified as Delaney Bouelvard.
The proposal shows a 60 foot street down the center of the property with a
cul -de -sac.. The staff would suggest that a 50 foot street would be sufficient..
Recommendation: The staff recommends approval of the proposed subdivision
contingent on the following:
1. That the southern portion of Outlot A be identified on the plat as "Park ".
-2. That the easterM portion of the Outlot A be identifed on the plat as
"Delaney Bouelvard".
3. That an easement adjacent to Lot 5 and Lot 11 for utility purposes be shown
on the plat per an engineering department request.
This recommendation is made fcr the following reasons:
1. That the 4 6d development is consistent with the Southwest Edina Land
Use Plan.
2. That the proposal is consistent with the storm sewer plan for this area.
3. That the lot sizes are in harmony with the single family lot sizes in
the area.
GL:ln
3/26/76
-7
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Subdivision No. S -%I ' Y
SUBDIVISION DEDICATION REPORT
TO: Planning Commission
Park Board
Environmental Quality Commission
FROM: Planning Department
SUBDIVISION NAME:
LAND SIZE: S /�L— 64") LAND VALUE:
(By: �!� Date: 3 W-jJro )
5%
The developer of this subdivision has been required to
A. grant an easement over part of the land
�B. 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)
(] 1. If property is adjacent to an existing park and the addition
beneficially expands the park.
[1 2. If property is 6 acres or will be combined with future dedications
to that the end result will be a minimum of a 6 acre park.
K3. If property abuts a natural lake, pond, or stream.
4. If property is necessary for storm water holding and will be dredged
1� or otherwise improved and will be a scenic place.
[] 5. If the property is a place of significant natural, scenic or his
value.
06.
B. Cash Required
[]1. In all other instances than above.
❑ 2•
Mr. Dean moved the February 25, 1976, Planning Commission Minutes be
approved as written and submitted. Mr. C. Johnson seconded the motion. All voted
aye. Motion carried.
II. SUBDIVISIONS:
• 5 -76 -2 Buchanan Addition. Generally located south of Dewey Hill Road, east
of the Schuster property, and west of Delaney Boulevard and Cahill
Road.
Mr. G. Hughes stated Mr. Lyle Buchanan is requesting to subdivide the Ed
Lindquist property into 14 single family lots ranging in size from 11,700 square feet
to 27,000 square feet. The average lot size would be about 15,000 square feet,
similar to existing single family residential development in the vicinity. Two
portions of the property are proposed to be dedicated to the City of Edina; an outlot,
along the southernmost boundary has been included in the Southwest Edina storm
sewer system as a ponding area, and a strip along the east lot line would provide
right of way for future Delaney Boulevard. Approval was recommended because the
subdivision is consistent with the Southwest Edina Land':Use Plan and the storm sewer
I plan for this area, and the lot sizes are consistent with the single family lots in
the area. Mr. Hughes suggested that that approval be contingent on:
1. identification on the plat of the southernmost part of Outlot A as
"Park";
2. identification on the plat of that portion of Outlot A along the east
property line as "Delaney Boulevard "; and
3. the addition of an easement adjacent to lots 5 and 11 for utility
purposes.
Mr. Lyle Buchanan, the developer, and Mr. Frank Cardarelle, the surveyor,
were present.
.Mr. Dunn noted the staff report prepared by Greg Luce, the City Planner,
suggests the proposed 60 foot street down the center of the property be shown instead
as a 50 foot street. He recommended, however, that the street be 60 feet wide, as
originally drawn, to keep the houses further apart and to provide a 15 foot boulevard
in case sidewalks are requested in the future.
In reply to Mr. Dean, Mr. Cardarelle explained the road will be located to
the west of the center of the property because some of the high ground in that area
will be used as fill in the lower areas to the east. Mr. Cardarelle agreed to
relabel the areas dedicated for parkland and Delaney Boulevard and to show utility
easements along lots 5 and 11. He indicated that whether the street is 50 feet or
60 feet wide is inconsequential. In reply to Mr. Sam Hughes, Mr. Cardarelle stated
that lot 6 would be only 11,700 square feet because Mr. Lindquist (the land owner)
wants his house and several large trees to.the north to be located on the same lot
(lot 7).
-Mr. Dean moved the subdivision be approved as presented with the three con-
tingencies listed by the staff and with the additional comment that every effort be
made to move the south lot line of lot 6 as far south as possible so lots 6 and 7
will more closely conform to the other lot sizes. Mr. Dean clarified the garage
near the southeast corner of the site must be removed; the dedicated area north of its
existing location should be labelled "Delaney Boulevard" and the dedicated area
south and west should be labelled "Park ". In reply to Sam Hughes, Mr. G. Hughes
clarified the portion to be labelled as park exceeds the 5% minimum parkland dedication
requirement. Mrs. McDonald seconded the motion. All voted aye. Motion carried.
5 -76 -3. Bri -Mar Company Registered Land Survey. Generally located north of
W. 51st Street, south of W. 50th Street, and east of Halifax Avenue.
Mr. G. Hughes explained the Edina Housing and Redevelopment Authority has
proposed a registered land survey of the Lunds grocery store and parking lot property
to facilitate a land exchange (the former Union Oil site for part of Lunds parking
lot (Tracts A and B)) between the H.R.A. and Bri -Mar Company. In the future Tract A
would be combined with Dr. Allen K. Larsen's property to the east and built upon,
Tract B would be city -owned parking to support its liquor store, and Tract C would
remain in its present ownership. Approval was recommended because the proposed
registered land survey would be consistent with the 50th and France Commercial Area
Redevelopment Plan.
Mr. C. Johnson moved the proposed registered land survey be approved,.and Mr.
Kremer seconded the motion. All voted aye. Motion carried.
-17
M E M O R A N D U M
April 19, 1976
MEMO TO: Mayor Van Valkenburg
Council Members
Warren C. Hyde
FROM: Ken Rosland, Director
Park and Recreation Department
SUBJECT: Planning Subdivision Report S -76 -2
The Park Board at their April 13, 1976 meeting reviewed and discussed
planning subdivision report S -76 -2.
After lengthy discussion, Mrs. Shaw moved to disapprove S -76 -2 as this
particular piece of property proposed to be dedicated as "park" property
is not within the spirit of the ordinance and should not be identified as
"park ". Mrs. Lonsbury seconded and the motion was approved.
LOCATION v g
s
subdivision NORTH
REQUEST NUMBER: 5 -76 -3
N of 51st Street, S of 50th
LOCATION: Street, and E of Halifax Ave.
REQUEST: registered land survey
of Lund's property to facilitate land
exchange with the Edina H.R.A.
village planning degmament valcefe of edina
EDINA PLANNING COMMISSION
STAFF REPORT
March 31, 1976
5 -76 -3 Bri -Mar Corporation Registered Land Survey. Generally located
north of W. 51st Street, south of W. 50th Street, and east of
Halifax Avenue.
Refer to: Copy of proposed registered land survey.
The Housing and Redevelopment Authority is requesting approval of the
attached shown R.L.S. This R.L.S. shows that property presently occupied
by Lunds' grocery store and parking area. The H.R.A. proposes to trade the
former Union Oil site for an equal amount of square footage (shown on this
registered land survey as Tract A and Tract B). In the future, Tract A
would be combined with Dr. Larsen's property to the east and would be built
upon, Tract B will be city -owned parking to support its liquor store, and
Tract C will remain in its present ownership.
Recommendation:
The Planning staff recommends approval of the proposed R.L.S. because it is
consistent with the 50th and France Commercial Area Plan.
GL:ln
3/26/76
I
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REGISTERED LAND . SURVEY NO.
HENNEPIN COUNTY, MINNESOTA
Nw COR. WEST
LOT 43,E -- 161.07 - --
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March 31, 1976, Planning Commission Minutes, page 2
60 feet wide is inconsequential. In reply to Mr. Sam Hughes, Mr. Cardarelle stated
that lot 6 would be only 11,700 square feet because Mr. Lindquist (the land owner)
wants his house and several large trees to the north to be located on the same lot
(lot 7).
.Mr. Dean moved the subdivision be approved as presented with the three con-
tingencies listed by the staff and with the additional comment that every effort be
made to move the south lot line of lot 6 as far south as possible so lots 6 and 7
will more closely conform to the other lot sizes. Mr. Dean clarified the garage
near the southeast corner of the site must be removed; the dedicated area north of its
existing location should be labelled "Delaney Boulevard" and the dedicated area
south and west should be labelled "Park ". In reply to Sam Hughes, Mr. G. Hughes
clarified the portion to be labelled as park exceeds the 5% minimum parkland dedication
requirement. Mrs. McDonald seconded the motion. All voted aye. Motion carried.
S -76 -3 Bri -Mar Company Registered Land Survey. Generally located north of
W. 51st Street, south of W. 50th Street, and east of Halifax Avenue.
Mr. G. Hughes explained the Edina Housing and Redevelopment Authority has
proposed a registered land survey of the Lunds grocery store and parking lot property
to facilitate a land exchange (the former Union Oil site for part of Lunds parking
lot (Tracts A and B)) between the H.R.A. and Bri -Mar Company. In the future Tract A
would be combined with Dr. Allen K. Larsen's property to the east and built upon,
Tract B would be city -owned parking to support its liquor store, and Tract C 'would
remain in its present ownership. Approval was recommended because the proposed
registered land survey would be consistent with the 50th and France Commercial Area
Redevelopment Plan.
Mr. C. Johnson moved the proposed registered land survey be approved, and Mr.
Kremer seconded the motion. All voted aye. Motion carried.
III. REZONINGS:
Z -76 -2 Mark Nelson. Nelson Smith and Associates. 4536 France Avenue South.
R -1 Single Family Residence District to C -2 Commercial District.
Mr. Sand explained that Nelson Smith Associates is requesting that a 50' by
200' lot at 4536 France Avenue South be rezoned from R -1 Single Family Residence
District to C -2 Commercial District. He reviewed the surrounding zoning and land
use, and indicated that houses on the subject lot and the lot immediately north have
been used for commercial /office purposes for several years. Mr. Sand presented a
site plan and explained the building, parking, and landscaping improvements to be
made to accommodate the Nelson Smith interior design studio and furniture sales
office, presently located at 50th and France. He stated the staff feels there is a
need for a transition from the commercial zoning to the north at 44th Street to the
residential zoning to the south and that office zoning would be more appropriate
than commercial zoning. He recommended the property be rezoned from R -1 to 0 -1 OBD
because: 1. the use is a logical extension and transition from the existing commercial
area to the - residential area; 2. the structure is not now being used for single family
purposes; and 3. the present R -1 zoning is inappropriate. Further, the rezoning
should be contingent on: 1. amendment of the zoning request from C -2 to 0 -1 OBD;
2. elimination of the easternmost parking space and landscaping of that area; 3.
submittal of a registered land survey or plat to simplify the property description;
4. installation of blacktop and permanent curb in the front parking area; and 5. that
a variance for reconstruction of a nonconforming structure be accomplished.
1C B E NE F YT TRUST . LIFE
0 INSURANCE COMPANY
D
(�I A M U T U A L L E G A L R E S E R V E C O M P A N Y
BENEFIT TRUST LIFE BUILDING • 1771 HOWARD STREET • CHICAGO. ILLINOIS 60626 • PHONE 274 -8100
DAVID A. AUSTIN
Sales Manager
542 South Snelling Avenue
St. Paul, Minnesota 55116
(612) 690 -5493
March 26, 1976
City Clerk
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
RE: Notice of Appeal
On March 18, 1976, I attended a meeting of the Board of Appeals and
Adjustments to voice an objection to the zoning variance requested
for 5013 Bedford. Over my objections, the Board approved the variance
as requested.
Accordingly, with this letter, I am appealing their decision and
request a hearing before the entire City Council.
Thank you for your cooperation.
Sincerely,
Lz-'Q-a�
David A. Austin
5017 Bedford Ave.
Edina, MN 55436
KNOWN FOR OVER 50 YEARS AS Q BENEFIT ASSOCIATION OF RAILWAY EMPLOYEES
MEMORANDUM
TO: The Mayor and City Council
FROM: Harold Sand, Planning Assistant
SUBJECT: Mr. David A. Austin's Appeal of the March 18, 1976, Board of
Appeals and Adjustments Decision Granting a-4.8 Foot Side Yard
Setback Variance to William R. Winsor, 5013 Bedford Avenue.
Case No. B -76 -4
Refer to:. Attached staff report and the enclosed minutes,of
the March 18, 1976, Board of Appeals meeting.
It should be not that one of the parties that signed the petition was under
the impression that the variance would allow construction closer than five
feet to the property line. The proposed.five foot setback was acceptable.
Possibly a mutually acceptable compromise would be an additional stipulation
to prevent any window facing.Mr. Austin's house on the proposed. addition.
HS:ln
4/7/76
I
I"
EDINA BOARD OF APPEALS
STAFF REPORT
March 18, 1976
B -76 -4 William R. Winsor. 5013 Bedford Avenue. Lot 23, Block 3, Brookside
Heights.
Refer to: Attached survey
Request: 4.8 foot side yard setback.variance.
Mr. Winsor is requesting permission to construct a 30 inch by 8 foot addition to
his kitchen. The lot was formerly less than.60 feet in width, however, the alley
was vacated, increasing the lot to 61.7 feet, making the 7.7 foot side yard
nonconforming. The addition will reduce the side yard to 5.2 feet, requiring a
4.8 foot variance.
Recommendation:_ Approval with the stipulation that the exterior finish of the
addition match the finish of the existing structure, for the following reasons:
1. The unexpected result of the alley vacation should be considered an extraordinary
circumstance that imposes an undue hardship.
2. The variance will be consistant with neighborhood standards and therefore preserve
a substantial property right and not be detrimental to the public welfare.
HS:ln
3/12/76
BUILDING PLANS
AND SPECIFICATIONS
•
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p
ESTABLISHED 1926
283 -46 »B.
M. J. BERSCHEID
ARCHITECT AND ENGINEER
PHONE DREXEL 4593
3644 -22Nd AVE. So.
MINNEAPOLIS 7. MINN.
-.5013.
1
8.181
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Iron
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3.z 2z oed Bldg. ,
Iron MM Iron
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CITY LOT SURVEYING
PLATTING
FARM SURVEYING
I hereby certify that the above is a true and correct
plat of a survey of lot 22,block 3,Brookside Heights,as
surveyed by me the 6th,day of November.1946.
• d
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If • �
S or
urvey ,
��119S"
G:4DA.REL1E & ASSOCIATES, INC.. P, O. E
• H1GH'WAY 169 & COUNTY 20AD 18 • 941
;Y 6121
LAND SURVEYORS •' .
MINNEAPOLIS 24, MINN.
I hereby cerWy that this rs a true and correct representasion of a survey bf the boundaries of — `J ' -sl i C> "' '�\ '
�� \ "• ^(1'-C ICs t �_Y�e_sC)V Henn- c9ACounty. Minnesota and of the�locotion of all bvi!iingrthe� eon, and oil
•iub%e encroachments, if any, from or on so;dd land. Surveyed by me t6isc �- r s M day of
CARDARE� E ,ASSOCIATES, INC.
STATE RAG. NO. 6508
sew- -•�
B -76 -4 William R. Winsor. 5013 Bedford Avenue. Lot 23, Block 3,
Brookside Heights.
' 3 D- REQUEST: 4.8 foot side yard setback variance.
U Mr. Sand stated he reviewed this request again, since the staff report was
written, because one of the adjacent neighbors is now opposed to the proponent's
plans; his recommendation, however, is unchanged.
Mr. Sand stated that structures on lots less than 60 feet wide are allowed
to maintain a five foot side yard setback; a 10 foot setback is required on lots
wider than 60 feet. Although the lot in question was originally 54.7 feet wide, an
adjacent alley was vacated in 1968 and 7 feet was added to the property, increasing
its width to 61.7 feet. The proponent's home was, as a result of the alley vacation,
made nonconforming in that it maintains a 7.7 foot south side yard setback. The
proponent, Mr. Winsor, is requesting permission to continue that nonconforming
condition and to construct a 30" X 8' addition to his kitchen; the proposed addition
would reduce the side yard to 5.2 feet, thus necessitating a 4.8 foot side yard
setback variance from the south lot line.
Mr. Sand stated that because all of the lots in the neighborhood are less
than 60 feet in width except one and because nearly all of the dwellings were
constructed with the allowed five foot side yard setbacks, a five foot side yard
setback should be considered a neighborhood characteristic. He felt the proponent's
situation constitutes a unique circumstance in that his house unexpectedly became
nonconforming as a result of the alley vacation. Mr. Sand recommended the 4.8 foot
side yard setback variance be approved, provided the exterior finish of the addition
matches the finish of the existing structure, for the following reasons: 1. The
unexpected result of the alley vacation should be considered an extraordinary cir-
cumstance that imposes an unude hardship; and 2. The variance will be consistant
with neighborhood standards and therefore preserve a substantial property right and
not be detrimental to the public welfare. Mr. Winsor explained he is proposing
to add one 8' line of kitchen cabinets.
Mr. David Austin, 5017 Bedford Avenue (directly south), presented .a petition
opposing the variance and requesting it be denied, "signed by 500 of the households
on the mailing list ". Mr. Austin asked "for whom is the law made to protect ?" He
felt that because the property is already nonconforming, the proponent should not be
allowed to expand the house and encroach even closer to the lot line. Mr. Austin
pointed out that Mr. Winsor did not have to accept the seven feet when the alley
was vacated, and if he had refused the additional land his lot size would not have
been increased. Mr. Winsor explained he pursued the alley vacation because the
proposed alley itself could have been constructed as close as three inches to his
neighbor's foundation. He stated that although -he understood at that time that
the alley right of way would be divided in half and attached to the adjacent
properties, because of the topography the seven feet is of no value to him and he
"can't even reach it. In fact, the neighbor maintains it." Mr. Austin objected
that Mr. Winsor "would be increasing the value of his house, which he will probably
sell in the next couple of years, but will be decreasing the value of my property
without benefit to me ".
Mr. Winsor indicated his willingness to give his neighbor part of all of the
seven feet gained as a result of the alley vacation. Mr. Sand noted that although
that would restore the lot to its original dimensions and would permit the proponent
to expand the kitchen without obtaining a setback variance, a lot width variance
would then be required.
The Board generally agreed the proposed addition and 5.2 foot side yard setback
would not be detrimental to the neighborhood, and specifically to Mr. Austin's
property, inasmuch as a five foot setback is the general neighborhood standard and
is the consistent pattern of the immediate neighborhood. Mr. Miller added that in
his opinion when the value of a neighbor's property is improved, the value of
adjacent properties is enhanced and the entire neighborhood is generally improved.
After lengthy discussion, Mr. Runyan moved the requested 4.8 foot side yard
setback variance be approved, as recommended by the staff. Mr. Miller seconded the
motion. All voted aye. Motion carried.
Mr. Shaw informed Mr. Austin and Mr. Winsor that any decision by the Board of
Appeals can be appealed within 10 days to the full city Council. Mr. Austin
indicated he would appeal the Board's decision and request a hearing before the
Council. No further action was taken.
I
M E M O R A N D U M
April 19, 1976
TO: City Manager and City Council
FROM: Director of Public Works
SUBJECT: April 15, 1976, Bids
2 Dump Trucks with Boxes
1 Shop and Sidewalk Sweeper
Bids were received at 11:00 a.m., Thursday, April 15, 1976 on
subject budgeted items with following results:
2 Dump Trucks with Boxes
Bidder
Brookdale Ford
Superior Ford
Midway Ford
Hall Equipment Inc.
International Harvester
Mpls. GMC Truck Center
Make and Model Bid
Ford L 800 /LaHass
$25,995.12*
Ford L 800 /LaHass
$26,748.00
Ford L 800 /Heil
$26,824.00
International 1800 /Galion
$27,438.00
International 1800 /Johnson
$27,490.00
GMC CE66413 /LaHass
$.28,904.34
* The low bidder -left the cost ($309.36 per unit) of power steering
out of his bid. Adding $618.72 to the low bid makes a total of
$26,613.84, which is still low.
1 Shop and Sidewalk Sweeper
Bidder
Make and Model
O Nott Company, Hyster Div. Advance ##5600G
Sweeper $7,300.00
Cab and Roll Bar 600.00
Bid
$ 7,900.00
City Manager and
April 19, 1976
Page 2
Tennant Company
Sweeper
Cab
City Council
Tennant 265
$7,339.75
800.00
$ 8,139.75
We recommend award to low bidders in each case, 2 dump trucks with
boxes to Brookdale Ford for $26,613.84, and 1 shop and sidewalk sweeper
with cab and roll bar to Nott Company for $7,900.00.
Robert C. Dunn, P.E.
Director of Public Works
and City Engineer
RCD:jvn
1
_ I
Minnesota Pollution Control Agency
612 -2% -7235
April 6, 1976
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Haoten
Hooten Cleaners
3944 West 491-2 Street
Edina, Minnesota 55415
Dear Mr. Hooten:
This cmncerns the discharge of spent cleaning solution from an underground
storage tank at your place of business in Edina.. This report was brought
to our .attention when a public health nuisance was created.
This office cannot tolerate similar incidents to occur. A better check must
be maintained on plant operations. I do however, appreciate your prompt
attention to the matter. and I do believe you -will work with us in the future.
All spillages must be reported to our Agency through our 24 -hour number,
(612) 296 -7373.
Please submit a report on the incident of April 3 commenting an:
1. Total amount of spillage.
2. Recovery measures employed.
3. How similar incidents will be avoided in the future.
4. Documentation that you understand the 24 -hour spill reporting
requirement.
Yo Ks very truly,
ov-e- ,
DICK OGLE, Head
Spills Unit
Division of Water Quality
CC: Edina City Council, c/o Clerk
®.. Knopik
Fuel Recovery Company
1 741 Yorkshire Ave.
St. Paul, Minnesota 55116
1935 Wesf County Road B2, Roseville, Minnesota 55113
Regional Offices - Duluth / Brainerd / Fergus Falls / Marshall / Rochester / Roseville.
Equal. Opportunity Employer
MINNESOTA HISTORICAL SOCIETY
Fort Snelling Branch (Building 25), Fort Snelling, St. Paul, Minnesota 55711 - 672 -726 -1171
14 April 1.976
The Honorable James VanValkenburg
Mayor of Edina
4801 West Fiftieth Street
Edina, Minnesota 55424
Dear Mayor VanValkenburg:
This letter is written to advise you that the State Review
Committee will meet on the 28th day of April, 1976, at 7:00 p.m.
at Building 25, Fort Snelling, St. Paul; Minnesota. At this
meeting the State Review Committee will consider the nomination of
certain premises for inclusion on the National Register of Historic
Places. One of the premises nominated for inclusion on the National
Register is the Edina .Mill Site, Dwight Williams Park, Edina,
Minnesota.
Because the State Review Committee believes that you have an
interest in such premises the committee invites you to attend this
public meeting and to give your views on whether these premises meet
the criteria of eligibility for the National Register. The criteria
and the National Register program generally -- are described in the
enclosed pages.
Your written questions and comments are also solicited. Please
direct them to.the Secretary, State Review Committee, Minnesota
Historical Society, Building 25, Fort Snelling, St. Paul, Minnesota 55111.
Sincerely,
Mary Ann McCoy
Secretary
• MAM/ fr— - - - - --
Encl.
Founded 1849 • The oldest institution in the state
Proposal for Bicycle Safety Education and Law Enforcement
.Program for City of Edina
Purpose:
To enforce traffic violations committed by bicycle drivers
and to educate them in proper bike driving on public thor-
oughfares and property.
Education techniques:
1. voluntary safety seminars
2. Mandatory safety seminars
Law Enforcement
1. Traffic warning tickets
2. Traffic tickets
Background:
This. program would be.carried out by Edina Police Department
with volunteer help from service clubs and individuals where
possible.
The voluntary seminar would be the existing school program
now put. on by Edina Police Department. The expansion of the
existing program will be the proposed - geared mainly to
juvenile offenders.
The mandatory educa.tion,and enforcement would come as a
result of a bike driver being given a warning by a police-
man.. If, a ticket is given to an adult he or she would appear
in traffic court and recieve a traffic fine.
If the offender is a juvenile the following would happen:
1. First offense - warning ticket
The offender would be required =to appear in the
court room on a prescribed Saturday morning. Summons
sent by letter as a.follow up to warning ticket
issue.
The offender would be put through an approximate
two hour bike safety seminar to be conducted by
police. Appearance would be mandatory but would
not need parent or arresting officer appearance.
Roll call to be taken a absentees
andatory seminarandTh Sen
one more chance to attend
who persist in refusing to attend to be sent to
Hennepin County Juvenile Court.
y_.
Page two •.� ,
20 Segond offense - Warning ticket. `
• '' ear before police"'
Parent and child required to app
for one to one conference to explain seriousness
of bike driving offense. Next offense to be referred
to juvenile court and /or bike iriFounded.
3. Third offense - Traffic ticket
Juvenile offender referred to Hennepin County
Juvenile Court for proper punishment. Arresting
officer will appear.
The mandatory seminar should be essdandediscipline. B urt
Bike
room to give feeling of seriousness
driving should be related to car driving and trpolicelaws
pointed out. Seminar to )kt to be decided on by r
cator. .
!
city of �d1n a
4001 WEST FIFTIETH STREET • EDINA, MINNESOTA 05424
927 -8861
A RESOLUTION APPROVING THE REAPPOINTMENT OF
CHARLES W. FREEBURG'TO THE HOUSING AND
REDEVELOPMENT AUTIHORITY OF EDINA, MINNESOTA
BE IT RESOLVED, by the City Council of Edina, Minnesota,
That the reappointment by the Mayor of Edina,
Minnesota, of Charles W. Freeburg to serve as Commissioner
of the Housing and Redevelopment Authority of Edina,
Minnesota, for five (5) years as set forth in the
Certificate of Reappointment dated April 19, 1976, be and
the same is hereby approved.
Mayor
ATTEST:
City C er
Published:
To:Mayor and Council
From: City Manager
Sub j ect :
Nov. 17, 1975
Senior Police Reserve
LIA
The enclosed copy of a letter from Wayne Bennett is self - explanatory,
accurate, and I endorse his request whole- heartedly.
Mayor Van Valkenburg and I discussed the problem prior to Wayne finally
making his decision to go to Nevada, and tin Mayor properly expressed some
feeling that perhaps Mayne was not entitled to the $100 per month. I relayed
this to Payne, and the letter is a result.
The City did accumulate some X10,000 for this purpose, starting in 1968.
Point 1 in Wayne's letter is definitely to the point.
If you would like to have me furnish all of the information on which
The Council acted in 1973, including cost per year, number of men eligible,
etc., It will be happy to do so.
Under the provisions of the 1973 action, I think I have the authority
to appoint 'Nayne to the Senior Police Reserve, but will not do so until
we all have a chance to discuss the natter, somewhat informally I trust.
f
- T--T-
_ i
..i ::mod
4501 WEST It FTIETh 6TREC: - Suiliw. a -ftNILSOTA ae�s•
927 -aao 1
3 September 1973
Mr. Hilding Dahl
4440 Oxford Avenue
Edina, : 24 55435
Dear Mr. Dahl:
By virtue of the action of the Village Council on July 16, 1973, I am offer -
ing you an appointment in the Edina Senior Police Reserve as of September 1,
1973.
The terms and conditions of the appointment are as follows:
"1. To conduct training classes for newly- appointed officers and
act as resource persons for departmental training sessions.
2. To act as consultants on specific police matters in which
their technical expertise would be beneficial to the active
regular members of the Department.
3. To act as emergency reserves when the regular members of the
Edina Police Department are insufficient in number to cope
with unforeseen circumstances.
4. To act as "undercover" officers when needed.
The Village of Edina will pay the members of the Senior Police Reserve
$100.00 per month each as a retainer for their services. In return for this
retainer, the Village will have the right to call upon each member of the
Senior Police Reserte for not more than 240 hours of service during a ^.y calen-
dar year, Members of the Senior Police Reserve who serve pore than 240 hours
in a calendar ;ear will be paid for all hours in excess of that amount at the
hourly rate for top ;,atrolmen during that year. The Senior Police Reserve
will be restricted to police officers who retire in good standing and who are
not members of the Edina Fireimen's Relief Association."
Upon receipt of your acceptance of this appointment, the Village will recom-
pense you at the rate of $100.00 per month starting September 1, 1973.
Ve y ruly o rI`s, APPOINUIENT ACCEPTED
/
Warren C. Hyd Hilding Dahl
Vi lla5e Mana7
d
Mr. Tom Iricson
City Attorney
Edina City Hall
4801 West 50th Street
Edina, Minresota 2 -25 -76
Dear Mr. 'ricson;
I read with
to the police rese
for membership, it
decisions that are
other personnel of
for :i.embership.
interest the
rve . 6ince 1
is natural l
made now are
the Ldina ?o
city council minutes relating
have personally made application
of great interest to me. the
also of F °rest interest to the
lice Department who are eligible
1 agree that my use of the word "pension" was not correct.
I fLlly ur::derstand that it is not a pension. It was a misuse of
the term and a question of semantics or choice of words on ly part.
In any event I do understand that it is not nor was ever ir.tended
to be a pension.
The matter, in so far as my application is concerned, appears
to revolve around the question of whether or not I could meet the
obligations of the police reserve as decided by a committee of the
city council. At present I cannot state that I could because I do
not know wha-:,; the requirements are. I would suggest that after the
committee decides the criteria for eli__ibility tiat I be furnished
a copy to which I could then reply or offer alternatives which may
or may not be acceptable to those decided by the corrUttee.
At this time, all I can state is what I have stated before.
If being; physically present is a requirement at all times, I obviously
could not meet such a requirement on less than perhaps an eight to
twenty four hour rotice since I would have to use air flight to re-
turr. to diAy. I would be wi llir� to u.t:: li ze part of my vacation to
spend ph%,-sically in the police department or the conTnur.ity at a task
to be assigned by the city or its a .ent. I would say that this should
not exceed one week or forty hours of duty.
In addition, I would be willing to spend any required number
of hours in research, in training material development, in corsulttationr_.
rmtters(such as the crime fund matter on the Heid case w}-ere a letter
statir:g my points of view assisted in the disposition of the case and
ma.y have had some ir_fluence on settlement of the X1000 instead of tr.e
"5000 as was requested) and thus saved more than the annual anount
POLICE DEPARTMENT
NomIder City
'�
Nevada
543 CALIFORNIA STREET
P.O.
BOX 698 89005 702 - 293 -1424
Mr. Tom Iricson
City Attorney
Edina City Hall
4801 West 50th Street
Edina, Minresota 2 -25 -76
Dear Mr. 'ricson;
I read with
to the police rese
for membership, it
decisions that are
other personnel of
for :i.embership.
interest the
rve . 6ince 1
is natural l
made now are
the Ldina ?o
city council minutes relating
have personally made application
of great interest to me. the
also of F °rest interest to the
lice Department who are eligible
1 agree that my use of the word "pension" was not correct.
I fLlly ur::derstand that it is not a pension. It was a misuse of
the term and a question of semantics or choice of words on ly part.
In any event I do understand that it is not nor was ever ir.tended
to be a pension.
The matter, in so far as my application is concerned, appears
to revolve around the question of whether or not I could meet the
obligations of the police reserve as decided by a committee of the
city council. At present I cannot state that I could because I do
not know wha-:,; the requirements are. I would suggest that after the
committee decides the criteria for eli__ibility tiat I be furnished
a copy to which I could then reply or offer alternatives which may
or may not be acceptable to those decided by the corrUttee.
At this time, all I can state is what I have stated before.
If being; physically present is a requirement at all times, I obviously
could not meet such a requirement on less than perhaps an eight to
twenty four hour rotice since I would have to use air flight to re-
turr. to diAy. I would be wi llir� to u.t:: li ze part of my vacation to
spend ph%,-sically in the police department or the conTnur.ity at a task
to be assigned by the city or its a .ent. I would say that this should
not exceed one week or forty hours of duty.
In addition, I would be willing to spend any required number
of hours in research, in training material development, in corsulttationr_.
rmtters(such as the crime fund matter on the Heid case w}-ere a letter
statir:g my points of view assisted in the disposition of the case and
ma.y have had some ir_fluence on settlement of the X1000 instead of tr.e
"5000 as was requested) and thus saved more than the annual anount
pa ge 2
of the mor:ey exrended for the contr) ctual arrangemer t. I realize
this was crime fund money ar:d rot city money but it could be different
in anotY.er case which would involved city funds.
I have beer. in teWhone contact and b;; correspondence with
your acting Director of Public Safety, Bert Merfeld regarding
some departmert problems. Phis is another way of which assistance
can be provided.
I am presently involved with a publisher in the preperation
of training materials for police training. if they accept the
preliminary material, 1 would be happy to furrish free of charge
sufficient copies of all materials for each member of the Edina
Police Department. the amount of this cost would be roughly $6
to X10 per man under present estimations witli the publisher.
1 would be willing to submit to the police department
at any time my opinions on any matters that are internal problems
or arty other police related problem. illary cities and agencies
utilize personnel outside of their jurisdiction as consultants.
Having been the Director of Public Safety, I would in this instance
be an outsider ar,d yet be familiar with the problem but with a new
and broader outlook.
Without knowing any more of the discussions or the thoughts
of the members of the council, it is difficult to defend my position..
If it is necessary I would be happy to have the councilman responsible
for the criteria call me collect and discuss the matter personally.
it is my wish that this be presented to Mr. rlarren Hyde and
to the members of the council.
If 1 can be of further assidtance please do 4not sitate to
write or call . 1, �CU�n. Wayne nett
April 15, 1976
Mayor James Van Valkenburg
Councilpersons Schmidt, Courtney, Shaw and Richards
City of Edina
4801 West 50th
Edina, Minnesota 55424
Dear Gentlemen'and Mrs. S chmidt:.
This is with further reference to our letter of January.14 regarding
an inspection law as concerns used housing and the resultant survey done
by Kent Keith. This has been of great interest to us. Certainly it has
shown that a large percentage would have liked to have been informed of
any defects in their home. Several voiced strong objection to local
government becoming involved in an inspection program.
We would therefore like to suggest an alternate solution. It would
require all realtors who are licensed to sell in Edina be reauired to
have the seller fill out a questionnaire similar to the attached tellinz
of the condition of their home.
We would also like to see included in the standard Purchase Agreement
form the words "in good operating condition" after the listing.of the
home's "inclusions ". S ome companies include this while others. do not.
The enclosed was subr-,itted to me by Michael Gomez of Real Estate 10
who at this time sell primarily in St. Paul and the tlorthern suburbs.
They advertise on WCCO -on Sunday afternoons. He informs me this has made
for many fewer problems for buyer, seller and realtor alike..
It is quite apparent that some type of industry regulation be
instituted to insure that value is received for what is most families'
largest monetary outlay. "The Buyer Eewsre" ada e should no longer be
the by -word of the real estate industry. We-would like to be informed
when matter will be acted upon.
Address: 6217 Crescent Drive
Phone: 929 -5079
Very truly yours,
Scott and LaVonne Garoutte
ADDENDUM TO EXCLUSIVE LISTING AGREEMENT
In order to serve both the buyer and sellor in the most professional manner possible, we would appreciate your coop-
eration in assisting us to complete the information required. It is agreed by seller(s) that the following items shall be in
good working order at time of closing unless otherwise stipulated in the contract of sale. It is further understood that this
Addendum may be furnished to the buyer or prospective buyers of the premises.
If. included and in good condition, check below; if not, explain in comment section below.
Range Sprinkler System
Oven Humidifier
Hood Water Softener
Dishwasher Electronic Air Purifier
Disposal Garage Door Opener
Furnace Ventilating Fans or Fixtures
Hot Water Tank —Sump Pump
Air Conditioner Other Plumbing Items _
Comments: --
What is the age of the roof?
What is the condition of the roof?
Is the property serviced by municipal sewer?
Is the property serviced by municipal water?
Is the basement dry?
If not, what is the condition of the private sewer system?
If not, what is the condition of the well?
If not, what is the nature and extent of the water problem?
Seller
Date Seller
REAL ESTATE 10, INC.
OVER, PLEASE )
By
We would add the following-:
1.Garan-e floor and driveway - Gara"e floor can be hidden by parked cars.
2. Structural system - cracks in foundation and footing. Sarginc, beams and studs.
5. Fireplaces = We have known of campletely unworkatle ones which :could have had,
to be completely rebuilt to be used.
11. Infestation of rats, Tice or any insects - Curs was cra.•::lin? with ants
upstairs and downstairs.
�. Amount of insulation added s -ince the house ,.,as built - A very important
point these days when we should all be conservation minded.
NINE MILE CREEK WATERSHED DISTRICT _ CITY OF EDINA
Bredesen Park /Mud Lake Improvement Project
PARTIES
The Nine Mile Creek Watershed District (hereinafter referred
to as "District ") and the City of Edina (. hereinafter referred to as
"Edina "), acting by and through their governing bodies, enter into
this cooperative agreement by reason of and in recognition of the
fact that the completion of the Bredesen Park /Mud Lake project is a
requirement of carrying out the basic water management plan for the
Nine Mile Creek Watershed District.
PROJECT. AREA
The project area subject to this agreement includes all lands
within the boundaries of Bredesen Park and abutting the existing and
proposed Mud Lake located within the City of Edina, lying adjacent
to Olinger Boulevard and Schaefer Road.
OBJECTIVES
The District and Edina have as an objective the completion
of the design of the Bredesen Park /Mud Lake project. Initial work
needed prior to completing the final design will be the preparation
of a site plan showing the location of shoreland improvements,_
areas to be excavated within the lake, trail systems, dikes and
structures, areas needed for shore protection, canoe launching
areas, parking lots, etc. After Edina review and final approval
of the information to be gathered pursuant to this agreement, it
is understood that the engineer for the District will proceed to
prepare final plans and specifications for the proposed improve-
ment. The final design will be prepared in cooperation with the
Edina staff and it shall include all construction required to
carry out.the basic water management plan for the site and such
additional improvements as.are directed by Edina.
OBLIGATIONS OF EDINA
Edina agrees to proceed promptly with the work necessary to
assist the engineer for the district in the completion of the final
design of the Bredesen Park /Mud Lake project. The work contemplated
by this agreement includes obtaining soil information, hydrologic
and topographic information needed in determing the feasibility of.
preparing final engineering plans for all phases of the proposed
project.
OBLIGATIONS OF THE DISTRICT AND COST OF STUDY
The District shall assume and be responsible for partial
payments to Edina for a portion of the total cost of completing
the studies. The total cost of the study is not to exceed
$13,000.00, with the District's share limited to one -half of the
cost, or $6,500.00, whichever amount is the lesser.
-2-
METHOD OF PAYMENT
Upon receipt of an invoice from Edina, the District shall
promptly undertake to pay its share of the study costs. Payment
shall be by check made payable to the Treasurer, City of Edina.
The District shall be furnished with a detailed breakdown of the
total costs.
PROJECT PETITION
Following the receipt of the studies needed for the final
design, Edina agrees to work with the District to complete the
project, including submission of a petition to undertake and com-
plete the Bredesen Park /Mud Lake project in accordance with the
provisions of the Watershed Act, Chapter 112 of Minnesota Statutes,
specifically Section 112.61, Subd. 3.
THIS AGREEMENT shall be in force and effect upon execution
by the parties in the manner set forth in a resolution of the
respective governing bodies approving the agreement and authoriz-
ing the execution of this document.
CITY OF EDINA
Dated By
Its
WN
Its
NINE MILE CREEK WATERSHED DISTRICT
Dated By
Its
-3-
TO: Mayor and City Council
Warren C. Hyde, City Manager
FROM: Gary L. West, Administrative Services Coordinator
SUBJECT: LABOR AGREEMENT WITH OPERATING ENGINEERS, LOCAL NO. 49
We have at last been successful in securing an Agreement with Operating
Engineers, Local No. 49 for 1976. This provides for no changes from the
1975 contract with the exception of salaries for the Light and Heavy
Equipment Operators. The Council approved the wage increases February 23
on the basis of a signed memorandum of understanding and pending the
signing of a contract. Now that agreement has been reached, State
statute requires the Council implement the agreement by resolution.
Therefore, I recommend the Council approve a resolution accepting the
Labor Agreement between the City of Edina and International Union of
Operating Engineers, Local No. 49, AFL -CIO, signed April 6, 1976.
Office of Planning & Development
2308 Government Center, Minneapolis, MN 55487
HeNNePIN COUNTY
April 15, 1976
Mr. Ken Esse,Sanitarian
Edina City Hall
4801-West 50th Street
Edina, MN 55424
Dear Mr. Esse:
We invite you to a meeting with County representatives on Friday, April 235
1976 (9:00 - 11:00 a.m.) to discuss the proposed planning process for imple-
mentation of the Community Health Services Act in Hennepin County. The
meeting will be held in the Community Room at the St. Louis Park City Hall,
5005 Minnetonka Boulevard (parking is available behind the City Hall - enter
at the ground level).
Enclosed for your review prior to the meeting are materials relating to the
proposed planning process.
* Key Features of the Community Health Services Act for Implementation
in Hennepin County
* Principles of the Planning Process
* Proposed Timetable for Planning and Implementation
* Flow Diagram of Community Health Services Information and Subsidy
Funds
Following an overview presentation, the meeting will be open for your questions,
comments, and suggestions. We would appreciate it if you would contact Barbara
Kelley in our office, 348 -4466, regarding those persons from your municipality
who will be attending the meeting.
Sin erely,
can M. Burhardt
Director of Planning and Development
JMB /bk
Enclosures (4)
t lenneoin Countv is an Attirmativo Action Employer
KEY FEATURES OF THE COMMUNITY HEALTH SERVICES ACT
(Chapter 9, Sessions Laws of Minnesota, 1976)
FOR IMPLEMENTATION IN HENNEPIN COUNTY
AUTHORITY
* The Act allows municipalities and the Hennepin County Board of
Commissioners to exercise new authorities for planning and coordinating
the delivery of basic public health services to County residents.
* The County Board may form a County Board of Health assuming responsi-
bility for developing the County -wide community health services plan.
and for establishing minimum standards for service delivery.
SUBSIDY FUNDS
* The Act provides subsidy funds for the provision of services approved
in the County -wide community health services plan.
* Local matching funds must be available to receive the full subsidy.
* The maximum annual Hennepin County subsidy is approximately $1.9 million.
At least two factors must be taken into consideration to estimate the
amount of subsidy which the County might realistically expect to receive
during the funding period July 1, 1976 to June 30, 1977: the.time re-
quired to prepare and approve the County -wide subsidy plan, and approval
by the State Board of Health. Assuming about a six -month plan develop-
ment, review and approval process, and approval of the subsidy plan by
the State Board of Health, effective January 1, 1977, it is estimated
that Hennepin County might receive approximately $900,000 of subsidy
funds °for the`si "x -month period from.January 1 to July 1., 1977.
COUNTY -WIDE COMMUNITY HEALTH SERVICES SUBSIDY PLAN
* The Act allows.County -wide determination of needs and priorities, and
the development of service programs for which subsidy funds will be
requested.
* The County -wide subsidy plan must address the delivery of services in
six areas:
.J
KEY FEATURES OF THE CO�1MUNITY HEALTH SERVICES ACT PAGE TWO
- community nursing services
-- home health services
- disease prevention and control (including immunization)
-- emergency medical services
-- health education
- environmental health services
* Subsidy funds may be used to fund existing services, to expand existina
services, or to develop new .service programs.
ELIGIBILITY OF'MUNICIPALITIES
* The Act allows existing municipal health programs to continue to operate
and deliver services, using locally- generated tax funds and resources.
*
1. Municipalities have two options for receiving subsidy funds:
-- Receive proportional share of the total County subsidy when the
statutory requirements for a municipal health board have been
met by a city having a health department organized under M.S. 145.019
or two or more contiguous municipalities with an aggregate population
of 65,000 or more.
-- Receive funding through the County -wide subsidy plan.
SERVICE DELIVERY ARRANGEMENTS
* The Act permits a variety of organizational structures for the delivery
of community health services.
* The Act allows the County or municipal health boards the option to con-
tract with a municipality, group of.municipalities, or community health
agency for delivery of certain services.
MUNICIPAL AND CITIZEN PARTICIPATION
* The Act requires the Hennepin County Board of Health to have a Community
Health Services Advisory Committee, composed of at least 51% municipal
officials and the balance of membership divided between health providers
and consumers, to provide advice and counsel in subsidy plan development.
* Also, the Act requires municipal boards of health to have an advisory
committee composed of at least one -third health providers and. consumers.
bk
4/12/76
PRINCIPLES OF THE PLANNING PROCESS
FOR IMPLEMENTATION OF THE COMMUNITY HEALTH
SERVICES ACT IN HENNEPIN COUNTY
1. The Hennepin County Office of Planning and Development (OPD) will plan
and coordinate the development of the planning grant application and
subsidy plan for implementation of the Community Health Services Act
in Hennepin County.
2. OPD will provide planning leadership for subsidy plan development for
municipalities without local health boards.
3. OPD will attempt to pace subsidy plan development so subsidy funds will
be able to flow as soon as possible within Hennepin County.
4. OPD will maintain communications with all municipalities and community
health agencies during the subsidy development planning process through
informational mailings and meetings.
5. OPD will involve municipal officials, public health professionals, and
community health agencies in the planning process through the Community
Health Services Advisory Committee and task - specific ad hoc committees.
6. OPD will examine, in cooperation with municipalities, a variety of
organizational structures for the planning and delivery of community
health services.
April 14, 1976
PROPOSED TIMETABLE FOR PLANNING AND IMPLEMENTATION
OF THE COMMUNITY HEALTH SERVICES ACT IN HENNEPIN COUNTY
For Discussion Purposes
4/14/76
MARCH
* APRIL
MAY
* JUNE
JULY AUGUST
County Board of
OPD convenes meeting of
OPD completes planning
OPD, with advice and
Commissioners approve
representatives of muni-
application and submits
counsel of Community
letter of intent to
cipalities for discussion
to County Board for
Health Services Advisory
apply for planning
of preliminary planning
approval.
Committee, develops pri-
grant and submit to
process and input.
orities, plan guidelines,
Minnesota Department
County Board forms
and requirements, and
of Health.
OPD conducts follow -up
Community Health Advisory
funding formulas.
meetings with municipali-
Committee.
Hennepin County
ties for further discussion
Municipal boards of health
Office of Planning
and input.
OPD develops broad
develop local subsidy
and Development (OPD)
information and guide-
plans.
analyzes Community
OPD prepares planning grant
lines for local and
Health Services Act
application.
County -wide subsidy plan
OPD provides planning
and its implications
development.
leadership for subsidy
for Hennepin County.
plan development to muni-
cipalities without local
OPD begins develop-
boards of health.
ment of tentative
County -wide planning
process.
SEPTEMBER
* OCTOBER
* NOVEMBER
* DECEMBER
* JANUARY, 1977
County Board reviews
County Board approves
County Board submits
Anticipated date subsidy
subsidy plans of
County -wide community
County -wide subsidy plan
funds would begin to flow
municipal boards of
health services subsidy
to State Board of
within Hennepin County.
health and develops
plan.
Health.
County -wide subsidy
plan.
The Metropolitan, Council/
Health Board exercises 40-
day review and comment
period.
State Board of Health
exercises 60 -day review
and approval period.
FLOW DIAGRAM OF COMMUNITY HEALTH SERVICES INFORMATION
AND SUBSIDY FUNDS FOR IMPLEMENTATION OF THE COMMUNITY
HEALTH SERVICES ACT IN HENNEPIN COUNTY
STATE BOARD
OF
HEALTH
COMMUNITY HEALTH
SERVICES ADVISORY
COMMITTEE
W
HENNEPIN COUNTY COMMUNITY HEALTH
_. _. BOARD OF SERVICES ADVISORY
HEALTH — --i COMMITTEE
I
i
*MUNICIPALITIES LOCAL COMMUNITY
*COMMUNITY I HEALTH SERVICES
HEALTH AGE14CIES SUBSIDY PLAN
I
Flow of community health
services information, MUNICIPAL BOARDS OF HEALTH
*Individual Municipalities
- - - - -- Flow of community health *Groups of Municipalities
services subsidy funds (65,000 pop. +)
April 14, 1976
COMMUNITY HEALTH
SERVICES ADVISORY i
C0.01ITTEE
RFSnT.TTTTON
RESOLVED, that the City Council of the City of Edina does hereby
release Lot 4, Block 6, Yorktown, according to the duly recorded plat thereof,
Hennepin County, Minnesota, from the covenants and restrictions set out in
paragraph 5.c) of the Declaration of Restrictions and Protective Covenants
filed as Document No. 1033727, Files of the Registrar of Titles, Hennepin
County, Minnesota.
BE IT FURTHER RESOLVED, that the foregoing resolution shall not
be effective unless and until there is delivered to the City an amendment
to said Declaration of Restrictions and Protective Covenants, duly signed
by the owner and all claimants of an interest in said Lot 4, and in record-
able form, reimposing upon said Lot 4 the following restrictions:
1. (1) Each building on Lot 4, Block 6, Yorktown, containing
dwelling units shall be a combination of three, four, and five stories in
height;
(ii) Buildings, parking areas, driveways, and other hard -
surfaced, nonvegetative areas on the lot shall not cover, in the aggregate,
more than sixty (60%) percent of the area of the lot.
2. The covenants and restrictions herein contained may be released
only by the City of Edina and may be released as to Lot 4, Block 6, Yorktown,
by the City of Edina at any time and from time to time by its sole act. Any
such release shall be done by resolution of the Edina City Council and shall
be effective only upon the recording of such resolution in the same office
in which said amended Declaration of Restrictions and Protective Covenants
has been recorded.
ADOPTED this 19th day of April, 1976.
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 April 19, 1976, and as
recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 21st day of April, 1976.
City Clerk
April 21, 1976
Yours very truly,
City Clerk
enclosures
i
CitY'% of GEdin a
4501 WEST FIFTIETH STREET - EDINA, MINNESOTA 55424
927 -8861
RESOLVED, that the City Council of the City of Edina does hereby
release Lot 4, Block 6, Yorktown, according to the duly recorded plat thereof,
Hennepin County, Minnesota, from the covenants and restrictions set out in
paragraph 5.c) of the Declaration of Restrictions and Protective Covenants
filed as Document No. 1033727, Files of the Registrar of Titles, Hennepin
County, Minnesota.
BE IT FURTHER RESOLVED, that the foregoing resolution shall not
be effective unless and until.there is delivered to the City an amendment
to said Declaration of Restrictions and Protective Covenants, duly signed
by the owner and all claimants of an interest in said Lot 4, and in record-
able form, reimposing upon said Lot 4 the following restrictions:
1. (1) Each building on Lot 4, Block 6, Yorktown, containing
dwelling units shall be a combination of three, four, and five stories in
height;
(ii) Buildings, parking areas, driveways, and other hard
surfaced, nonvegetative areas on the lot shall not cover, in the aggregate,
more than sixty (60%) percent of the area of the lot.
2. The covenants and restrictions herein contained may be released
only by the City of Edina and may be released as to Lot 4, Block 6, Yorktown,
by the City of Edina at any time and from time to time by its sole act. Any
.such release shall be done by resolution of the Edina City Council and shall
be effective only upon the recording of such resolution in the same office
in which said amended Declaration of Restrictions and Protective Covenants
has been recorded.
ADOPTED this 19th day of April,.1976.
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 April 19, 1976, and as
recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 21st day of April, 1976.
,- City Clerk
� A% AMENDED
, DECLARATION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
This Amended Declaration of estrictions and Protective
Covenants, made this �' -" day of . n , 1976, by METRAM
PROPERTIES COMPANY, a Minnesota cotporation ( "Metram "),
WITNESSETH THAT:
WHEREAS, Metram is the owner of Lot 4, Block 6, York-
town, according to the duly recorded plat thereof, Hennepin
iCounty, Minnesota; and
WHEREAS, said Lot 4 is encumbered by a Declaration of
Restrictions and Protective Covenants (the "Declaration ")
filed in the office of the Registrar of Titles, Hennepin
County, Minnesota, as Document No. 1033727; and
i
WHEREAS, the Declaration provides in paragraph 8
thereof that the covenants and restrictions contained in the
Declaration may be released by the City (formerly Village)
of Edina by resolution of the City Council; and
WHEREAS, the Edina City Council has duly released. the
restrictions found in paragraph 5.c)
of the Declaration
i which pertain to Lot 4, Block 6, Yorktown.
NOW, THEREFORE, as a substitute for the restriction in
paragraph 5.c) of the Declaration that has been released by
the Edina City Council, Metram does hereby impose upon Lot
4, Block 6, Yorktown, and Lot 4, Block 6, Yorktown, is
hereby made subject to, the following covenants and restric-
tions, which shall operate as equitable restrictions and
covenants passing with the title to Lot 4, Block 6, York-
town, and shall apply to and bind each and every present and
future owner, occupier, and encumbrancer thereof, in addi-
tion to the unreleased covenants and restrictions in the
Declaration which are applicable to said Lot 4, to -wit:
1. (i) Each building on Lot 4, Block 6, Yorktown,
containing dwelling units shall be a combination of three,
four, and five stories in height;
(ii) Buildings, parking areas, driveways, and
other hard - surfaced, nonvegetative areas on the lot shall
not cover, in the aggregate, more than sixty (60 %) percent
of the area of the lot.
2. The covenants and restrictions herein contained
may be released only by the City of Edina and may be re-
leased as to Lot 4, Block 6, Yorktown, by the City of Edina
at any time and from time to time by its sole act. Any such
release shall be done by resolution of the Edina City
Council and shall be effective only upon the recording of
such resolution in the same office in which this instrument
has been recorded.
METP.AM PROPERTIES COMPANY
STATE OF MINNESOTA) By
SS Its ;P,e E ✓•
COUNTY OF HENNEPIN)
The fore ing instrument was acjcnowledged before me this
day ofc�f/ 1976, by
the /• ESj -,,7T of Metram Properties Company, a Minnesota
corporation, on behalf of the corporation.
This instrument was drafted by:
} Mastor and Mattson, Ltd. Notary Pub
315 Peavey Building ,r ROXANNE S. SHAW
Minneapolis, Minnesota 55402 ll NO)ARYPUBLIC — MINNESOTA
HENNEPIN. COUNTY
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TA ____-_- ___�---- -eknEaplratAug.tl,1976
7.
QQ p Ps
BENNETT PARTICIPATION IN SENIOR POLICE SERVE
1
CONFIRMED. Councilman Shaw recommended that Council e the eligibility of
f Wayne Bennett to participate in the Senior Police Reserve,
particular
recognizing that no 'mmLxhxdxiawmyr /restriction on physical
location had been established at the time the Reserve had been authorized, and
that the reimbursement for services should in no way be construed as a "pension ".
Eenrteiitaex -Skg -$ use- reeeueaded- ke - eke- p�eR -be- reviewed- }a -ehe- Rear- fattire
as- e- eel�e- �eiei�ea�s: Councilman Shaw thereupon offered the following
resolution and moved its adoption:
RESOLUTION
® FS
a BE IT RESOLVED by the Edina City Council that former Wayne Bennett
be permitted to participate in the Edina Senior Police Reserve even
though it is recognized that he does not reside in the metropolitan area at the
present time.
Motion for adoption of the resolution was seconded by Councilman Richards.
Rollcall:
Ayes: Richards, Shaw, Schmidt, Van Valkenburg
Nays: Courtney
Resolution adopted.
FORMER POETCE CHIEF BEENETT PARTICIPATION IN SENIOR POLICE RESERVE
CONFIRMED.
Councilman Shaw's motion was seconded by Councilman Richards confirming
the establishment of the Edina Senior Police Reserve and confirming
�j P S
also former, f Wayne Bennett's eligibility for the Senior Police
Reserve as originally established a--
Ayes , R, S , S , VV
Nays C .i n
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
April 19, 1976
TO ALL ELECTION BOARD NOMINEES:
This letter will confirm your appointment by the Edina School Board as an
Election -Judge for the Independent School District No. 273 Election which
will be held on May 18, 1976.
If.you will be able to work, you will report to your polling place at 6 a.m.
and stay until the votes are counted and the tabulation of returns is com-
plete. Your reimbursement for this public service will be $2.35 per hour.
Because you have worked so often with the voting machines, no special
instruction session will be held before this.election. However, an instruc-
tion sheet is enclosed and we will appreciate it if you will review these
instructions before Election Day so as to refresh your memory as to proced -.
ures.
KINDLY RETURN THE FORM at the bottom of this letter by return mail to let us
know whether or not you will accept this appointment. A self- addressed stamped
envelope is enclosed for your convenience.
IF YOU REPLY_IN THE AFFIRMATIVE, WE WILL EXPECT TO SEE YOU AT YOUR REGULAR
POLLING PLACE AT 6:00 A.M. ON ELECTION DAY, MAY 18. NO FURTHER NOTICE WILL
BE SENT.
Yours very truly,
City Clerk
---------------------------------------------------------------------------------- - - - - -=
TO: EDINA CITY CLERK
I (will work) (cannot work) at the School District Election on May 18, 1976.
check one
SIGNATURE
ADDRESS
TELEPHONE NO.
1 IL
January 14, 1976
Mayor James Van Valkenburg
Councilpersons Schmidt, Courtney, Shaw and Richards
City of Edina
4801 West 50th
Edina, Minnesota 55424
Dear Gentlemen and Mrs. Schmidt:
At the Edina City Council meeting of July 1, 1974 we
proposed that an inspection law as concerns used housing be
instituted for the City of Edina. We were prompted by the many
concealed defects found in our home and many acquaintences at the
time of purchase, with particular emphasis on faulty furnaces.
We are again prompted to urge that this inspection law be
considered in light of the death and near death of members of the
Elmer McCandless family. We understand that the inspection program
of St. Louis Park has-been very successful and we think that the
new program which the City of Minneapolis has instituted is certainly
a step in the right direction. We understand that approximately 250
homes exchange hands each year here in Edina and accordingly with
each passing year the amount of deterioration increases.
In the meantime, we think it would be appropriate to urge
the citizens of Edina to take advantage of the $17 inspection by
Minnegasco, which a spokesman of the gas company said would have
prevented this needless death.
Hopefully you will again review our letter which was read
at the above council meeting and study the St. Louis Perk and
Minneapolis Housing Code Requirements and work toward the establish-
ment of such a plan here.
Address: 6217 Crescent Drive
Phone: 929 -5079
Very truly yours,
Vf
Scott and LaVonne Garoutte
X '1a t f
named
in death'
of Edinan
An Eding man was found dead in
his home Monday morning from what
fire department officials identified as
furnace carbon monoxide asphyxia-
tion.
Elmer McCandless, 54, 5521 Code
Ave.. was pronounced dead at his
home by Edina paramedics. Taken to
Hennepin County General Hospital
were his wife and daughter, Dorothy
McCandless. 47, and Melissa, 16.
They were in intensive care as of
Monday.
Edina paramedics responded to a
-call at 10:23 a.m. Monday morning
when McCandless fafted to appear at
work.
Co-worker David Himitz became
worried about McCandless after he
called the home and received no
answer. Fire department officials
report Himitz drove to the home and
then called the fire department upon
finding the McCandle�ses in the
home.
Fire department officials are still
investigating details. "The TVs were
on Thr • *ople• v ere all up6Lurs We
col. to • gUiG arWt:l - -ui." said
Fireman Ow fink.
According to the fire department,
there is an odir.; that can be smelled
from furnace smoke leaking into a
house. "There's a funny odor ", said
Fink, that smells like burning waste.
1- )wever, carbon monoxide in the
exhaust is odorless and a highly toxic
element.
Fink said that persons can prevent
exhaust from escaping into the house
if they take time out every so often to
check the pipes.
"A person should check the chim.
ney pipes up from the furnace to
make sure these pipes aren't rusty or
full of holes at least a couple of times
a year for sure and once in the fall be-
fore you start-the furnace up," said
Fink.
9
�_ ,
n -p 1 9 1976
TO: Mayor and City Council
Warren C. Hyde, City Manager
FROM: Gary L. West, Administrative Services Coordinator
SUBJECT: PURCHASE OF TURF TRUCKSTER FOR GOLF COURSE
At its March 15, 1976, meeting the Council approved the purchase of a
turf truckster for the golf course as a part of the 1976 golf course
capital improvements budget. The amount budgeted for this purchase
was $2,688.00. There is only one manufacturer making this type of
vehicle with adequate horsepower, load carrying capacity, and
seating, capacity, Cushman. Therefore, we received only one quote,
from Cushman Motor Company for $3 300.00, for their 4 wheel turf
truckster and $2,950.00 for the whee model. It is Mr. Rosland's
recommendation that we spend the extra money for the 4 wheel
model as recent State traffic laws have placed restrictions on the
use of 3 wheeled trucksters (they must be licensed as a motorcycle, the
driver must have a motorcycle endorsement on his driver's license
and they must wear a motorcycle lielmet). Also OSHA regulations
require that each passenger must be sitting on a factory designed
and installed seat. The 3 wheeled truckster is a one passenger
vehicle, which the 4 wheeled model can carry the driver and a
passenger, therefore, it could be used to transport two.persons
to a work site. The amount budgeted was based upon an earlier
quote for a 3 wheeled truckster without a box which is the cause
for the present quote being over budget.
OF
v�r �
TO: Warren C. Hyde
City Manager
FROM: Bert Merfeld
SUBJECT: Purchase of Additional Radar System
city of �dlna
4801 WEST FIFTIETH STREET • EDINA. MINNESOTA 88424
April 6, 1976
92%.8861
I respectfully request your consideration in the purchase of one additional radar
unit. The new system would be used to replace one of two Stephenson Mark VI -A
units purchased in 1970. Due to age and hours of operation, these units have lost
some of their range capability and require more frequent maintenance. The other
Stephenson Mark_'VI -A would be replaced next year under a long -range radar replace-
ment program. Radar units now in use and dates purchased are as follows:
Stephenson Mark VI -A
Stephenson Mark VI -A
Kustom Signals MR -7
Kustom Signals MR -7
Kustom Signals MR -7
(to be replaced) 06 -29 -70
10 -20 -70
09 -25 -72
06 -15 -73
06 -15 -73
I would recommend the purchase of one more MR -7 system made by Kustom Signals,
Inc. We now have three such sets in operation and find them to be very versatile
and generally trouble free. The MR -7 is the only radar on the market with the
capability of clocking the speed of opposing or oncoming traffic. This "moving
mode" feature means the police officer may clock the speed of traffic at all times
he is on duty, when answering calls for service or while on routine patrol. He
may also park his vehicle, set the unit on "stationary mode ", and clock traffic
for purposes of enforcement or speed study.
While the cost of the MR -7 Radar System is higher than other radar systems (Speedgun,
Stephenson, etc.), the versatility of this unit makes the purchase worthwhile. I
recommend the $2,385.00 purchase be made from the 1% money equipment fund if it is
approved by you and the Edina City Council.
Respectfully submitted,
Y
Bert Merfeld
Acting Chief of Police
1975 SUMMARY
of
CRIMINAL ARRESTS, TRAFFIC CITATIONS, AND WARNINGS
Criminal Arrests
Edina police officers made 1,172 criminal misdemeanor arrests
during 1975, compared to 1,249 in 1974, which represents a
6% reduction. There was no significant change in felony
arrests, 155 during 1975 and 156 in 1974.
Traffic Citations
Officers of the Uniformed Services Division issued 9,580
traffic citations during 1975, compared to 10,387 in 1974,
which represents a 7% decrease. Radar citations were down
21% in 1975, and all other hazardous (accident - producing
violation tickets were also down from last year by 8 %. Non-
hazardous citations of all kinds, including parking, driver
licenses, license plates, and equipment violations, were up
50% for the year. This large increase was mainly attributed
to a 63% increase of citations for license plates and tab
violations. Citations for fire lane and all other parking
violations were down by 9 %, compared to the previous year.
Warning Tickets
Written warnings for criminal misdemeanor violations were.
down by 43% compared to the previous year. Traffic warning
tickets issued for hazardous, non - hazardous, fire lane and
parking violations were also down by 46% compared to 1974.
Much of this decrease could be attributed to the depletion
of supply of warning tickets for the last two months of 1975.
X
M E M O R A N D U M
April 13, 1976
MEMO TO: Council Members
Mayor Van Valkenburg
Warren C. Hyde
Jerry Dalen
FROM: Ken Rosland, Director
Park and Recreation Department
SUBJECT: Quotes received for Mower
The following are the three quotes received for the purchase of
23 mowers:
1. Jerry's of Edina - $83.00.each for a total of $1,909.00
2. Sears - $96.99 each
3. Warners Hardware - $92.95 each
Recommend award to Jerry's of Edina for a total of $1,909.00.
r / �
April 6, 1976
•' 1 v
- City of 4=4 (f J 0- a.
4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 85424
927 -8861
Mr. Robert M. Spector
Attorney at Law
610 Midwest Plaza Building
801 Nicollet Mall
Mpls., MN 55402
Dear Bob:
The.City Council at their April 5th meeting considered the Hosek property
at 5600 Dewey Hill Road.
After lengthy discussion was held by Council members In regards to your
letter dated March 12, 1976, the Council members present voted to make an award
of $46,000.00. Therefore, I am authorized, at this time, to purchase the
Housek property at $46,000.00 if they still desire to sell.
Please notify your clients and contact me of their decision.
Sincerely,
Ken Rosiand, Director
Park and Recreation Department
KR:bp
x
ROBERT M. SPECTOR
ATTORNEY AT LAW
810 MIDWEST PLAZA BUILDING
801 NICOLLET MALL
MINNEAPOLIS, MINNESOTA 55402
March 12, 1976
Mr. Ken Rosland
Park Department
City of Edina
4801 W. 50th St.
Edina, minnesota
Re: Tom and Carol Hosek, 5600 Dewey Hill Road,
Edina, Minn. vs. City of Edina.
Dear Ken:
TELEPHONE: BUSINESS 358.3541
RESIDENCE 977 -8495
I am writing you this letter to tell you that after considerable
thought and deliberation, my clients have determined that they
can no longer do anything but sell their entire property to the
City of Edina. After the intrusions on their land by City
employees and an outside survey crew, and the fact that it seems
as if this is going to be an active park, my clients feel that
it is in their best interests to sell their property to the City
of Edina.
In order to properly arrive at a fair market value for this
property, my clients, as I'm sure you know, hired LaSalle Ruppert
and Associates to do an appraisal of this property. Mr. LaSalle
did this appraisal and reported back a value of $54,000.00. I
have enclosed this appraisal for you and the City Council to
review.
In addition, the only reason my clients sold their-prior home-
stead and bought the house at 5600 Dewey Hill Road was that this
new property would mean to their future as both a homestead and
an investment. They incurred considerable costs in moving from
their prior homestead and feel that they should be compensated
for these costs. In addition, they have incurred considerable
expense and will incur future expenses for moving, which they
feel they should be compensated for. It appears to my clients
that a reasonable sum for all the above mentioned costs would be
$8,000.00.
Thus, it is my clients' position that a fair sale price for this
property to the City of Edina, would be $62,000.00.
Please review the enclosed report of the appraiser and contact
Mr. Ken Rosland
March 12, 1976
Page 2 -
me as to what the position of the City of Edina is in this
matter.
rms /ch
cc: James VanValkenburg
Tom and Carol Hosek
Yours trul
Robert Nt: $#sector
LIQUOR DISPENSARY FUND
BALANCE SHEET
CITY OF EDINA
CURRENT ASSETS
Cash:
Demand
Deposits in transit
Working funds
Investments:
Federal Intermediate Credit Bank
Bonds- at cost
Due from other funds
Merchandise inventory -at the lower of
cost (first -in, first -out method)
or market:
Liquor
Wine
Beer
Mix and miscellaneous
Prepaid expenses:
Unexpired insurance
Supply inventory
December 31, 1975
ASSETS
$307,374.20
46,718.63
TOTAL CURRENT ASSETS
LOAN TO OTHER FUNDS
Golf Course
Recreation Center Fund (Arena)
FIXED ASSETS -on the basis of cost
Land
Land improvements
Buildings
Furniture, fixtures and equipment
Leasehold improvements
Less allowance for depreciation
and amortization
CURRENT LIABILITIES
Trade accounts payable
Accrued payroll
SURPLUS
Invested in fixed assets
Unappropriated
$ 21,803.72
455,911.08
149,325.01
3.035.55
$630,075.36
$354;092.83
3,500.00 $ 357,592.83
102,954.86,
174.75
$452,518.05
132,009.23
17,190.71
4,435.17 606,153.16
$ 2,382.48
400.00 2.782.48
$1,069,658.08
$245,000.00
170,000.00 415,000.00
$151,448.85
187,367.75 442,707.61 594,156.46
$23-078,814.54
LIABILITIES AND SURPLUS
TOTAL CURRENT LIABILITIES
$ 112,891.06
8,295.96
$ 121,187.02
$ 594,156.46
1,363,471.06 1,957,627.52
$2,078,814.54
LIQUOR DISPENSARY FUND
STATEMENT OF INCOME AND EXPENSE
CITY OF
EDINA
PER CENT TO NET SALES
YEAR ENDED DECEMBER 31
1 9 7 5
1
9
7 5
1974
Increase-
50th Grand- 1974 �.
Sales:
50th Street
Yorkdale
Grandview
Total
Total
Decrease*
Street Yorkdale view Total Total
Liquor
$
730,153.88
$1,162,163.53
$
824,944.70
$2,717,262.11
$2,594,008.00
$123,254.11
Wine
211,486.79
390,331.33
238,289.73
840,107.95
763,784.00
76,323.85
Beer
271,443.64
388,581.75
229,978.04
890,003.43
791,042.00
98,961.43
Mix and Miscellaneous
252180.40
39,301.40
28,180.19
92,661.99
85,629.00
7,032.99
$1,238,264.71
$1,980,378.01
$1,321,392.66
$4,540,035.38
$4,234,463.00
$305,572.38
Less bottle refund
21,854.16
31,703.36
2219764.53
76,322.05
69,343.00
6,979.05
NET SALES
$1,216,410.55
$1,948,674.65
$1,298,628.13
$4,463,713.33
$4,165,120.00
$298,593.33
100.00% 100.00% 100.00% "100.00% 100.00%
Cost of Sales:
Inventory at January 1
$ .191,471.96
$ 210,403.16
$
218,397.83
$
620,272.95
$ 551,580.11
$ 68,692.84
Purchases
977,364.69
1,564,133.38
1,072,953.29
3;614,451:36
3,404;627.84
209,823.52
$1,168,836.65
$1,774,536.54
$1,291,351,12
$4,234,724.31
$3,956,207.95
$278,516.36
Irveritory at December 31
172,534.05
214,516.83
219,022.28
606,153.16
620,272.95
14,119.79*
T
996,302;60
$1,559.,939°71
$1,072,328.84
$3,628,571.15
$3,335,935.00
$292,636.15
81.90 80.05 82.57 81.29 80.09
GROSS MARGIN
$
220,107.95
$ 388,734:94
$
226,299.29
$
835,142.18
$ 8292185.00
$ 5,957.18
18.10% 19.95% 17.43% 18.71% 19.91%
Operating expenses;
Selling
$
79,024x76
$ 80,119.57
$
66,594.17
$
225,738.50
$ 200,544.00
$ 25,194.50
Occupancy
14,559.39
29,074.46
21,987.96
65,621.81
57,494.00
8,127.81
Administrative
34,834.04
35,924.21
31,353.74
10 2,111.99
81,956.00
20,155.99
TOTAL OPERATING EXPENSES
.$
128,418:19
$ 145,118.24
$
119,935.87.
$
393,472.30
$ 339,994.00
$ 53,478.30
10.56% 7.45% 9.24% 8.81% 8.16%
OPERATING INCOME
$
91,689.76
$ 243,616.70
$
106,363.42
$
441,669.88
$ 489,191.00
$ 47,521.12*
7.54% 12.50% 8.19% 9.90% 11.75%
Other income:
Discounts
$
7,969.36
$ 12,521.26
$
9,483.70
$
29,974.32
$ 17,599.00
$ 12,375.32
.65 .64 .73 .67 .42
Cash over or (under)
20.69
(129.31)
102.99
(5.63) 263.00
268.63*
.01
Other
15,095.23
1,095.23
2,727.86
1,632.63*
.09 .02 .07
$
100,775.04
$ 256,008.65
$
115,950.11
$
472,733.80
$ 509,780.86
$ 37,047.06*
8.28% 13.14% 8.93% 10.59% 12.24%
Income on investments
1,784.47
24,926.00
.23,141.53*
$
474,518.27
$ 534,706.86
$ 60,188.59*
Depreciation and amortization
included in expenses
$
4,516.49
$ 12,986.70
$
11,661.16
$
29,164.35
$ 26,117.00
$ 3,047.35
LIQUOR. DISPENSARY FUND
Year Ended December 31 Operating Expenses CITY OF EDINA
Selling:
Salaries and wages
Supplies
Licenses and dues
Service contracts
Direct promotion
Other
Occupancy:
Salaries and wages
Telephone
Supplies
Light & Power
Mtce.- Heating and
air conditioning
Heat
Laundry & rug service
Burglar alarm
Insurance,
Share of Mtce. parking
lot & snow plowing
Repairs & maintenance
1 9 7 5 1 9 7 4 Increase - Decrease*
50th 50th 50th
Street Yorkdale Grandview Total Street Yorkdale Grandview Total Street Yorkdale Grandview Total
$65,563.72 $64,685.45 $54,479.37 $184,728.54 $61,178.00 $55,633.00 $45,907.00 $162,718.00 $4,385.72 $ 9,052.45 $8,572.37 $22,010.54
3,340.25 4,660.61 2,158.10 10,158.96 3,729.00 4,548.00 3,391.00 11,668.00 388.75* 112.61 1,232 .90* 1,509.04*
54.00 64.00 54.00 172.00 119.00 64.00 64.00 247.00 65.00* 10.00 75.00*
176.00 352.00 176.00 704.00 156.00 234.00 156.00 546.00 20.00 118.00 20.00 158.00
9,678.37 9,616.74 9,616.71 28,911.82 8,423.00 8,423.00 8,423.00 25,269.00 1,255.37 1,193.74 1,193.71 3,642.82
212.42 740.77 109.99 1.063.18 32.00 32.00 32.00 96.00 180.42 708.77 77.99 967.18
$79,024.76 $80,119.57 $66,594.17 $225,738.50 $73,637.00 $68,934.00 $57,973.00 $200,544.00 $5,387.76 $11,185.57 $8,6.21.17 $25,194.50
$ 24.06 $
174.93
$ 79.80 $
278.79
$ 591.00 $
224.00
$ 947.00 $
1,762.00 $
566.94 *$
49.07*$
867.20*$
1,483.21*
553.16
510.25
405.94
1,469.35
548.00
407.00
449.00
1,404.00
5.16
103.25
43.06*
65.35
165.29
504.00
459.11
1,128.40
453.00
545.00
710.00
1,708.00
287.71*
41.00*
250.89*
579.60*
2,515.25
7,363.02
2,969.30
12,847.57
2,024.00
5,858.00
2,409.00
10,291.00
491.25
1,505.02
560.30
2,556.57
1,277.20
1,851.89
975.90
4,104.99
488.00
107.00
646.00
1,241.00
789.20
1,744.89
329.90
2,863.99
501.18
549.04
611.86
1,662.08
406.00
423.00
505.00
1,334.00
95.18
126.04
106.86
328.08
655.99
480.57
481.25
1,617.81
755.00
278.00
517.00
1,550.00
99.01*
202.57
35.75*
67.81
476.04
479.20
584.22
1,539.46
324.00
490.00
490.00
1,304.00
152.04
10.80*
94.22
235.46
1,309.99
1,543.23
1,904.78
4,758.00
1,657.00
1,427.00
2,436.00
5,520..00
347.01*
116.23
531.22*
762.00*
500.00
520.00
1,020.00
75.00
223.00
298.00
75.00*
277.00
520.00
722.00
913.27
1,257.93
632.67
2,803.87
512.00
1,346.00
349.00
2,207.00
401.27
88.07*
283.67
596.87
Provision for dpct'n.
4,516.49
12,986.70
11,661.16
29,164.35
4,531.00
12,862.00
8,724.00
26,117.00
14.51*
124.70
2,937.16
3,047.35
Rubbish hauling
480.00
.480.00
480.00
1,440400
480.00
480.00
480.00
1,440.00
720.00
20.00*
20.00
20.00*
Janitorial services
1,080.00
284.40
.74.93
1,439.33
850.00
223.00*
65.00
915.00
230.00
284.40
9.93
524.33
Miscellaneous
18.00
36.00
33.00
87.00
18.00*
36.00* 33.00*
87.00*
Water and sewer service 91.47
109.30
147.04
347.81
59.00
236.00
21.00
316.00
32.47
126.70
126.04
31.81
$14,559.39
$29,074.46
$21,987.96
$ 65,621.81
$13,771.00
$24,942.00
$18,781.00 $
57,494.00 $
788.39 $
4,132.46
$3,206.96 $
8,127.81
Administrative:.
Salaries and wages $18,279.60 $20,462.96 $18,561.00 $ 57,303.56 $17,350.00 $17,629.00 $17,347.00 $ 52,326.00 $ 929.60 $ 2,833.96 $1,214.00 $ 4,977.56
Supplies 703.07 1,222.31 535.04 2,460.42 226.00 230.00 242.00 698.00 477.07 992.31 293.04 1,762.42
Professional services 2,666.04 1,522.35 1,532.36 5,720.75 1,492.00 1,492.00 1,492.00 4,476.00 1,174.04 30.35 40.36 1,244.75
Allocated expenses -
retirement insurance
office supplies,etc. 12,960.00 12,480.00 10,500.00
35,940.00. 8,700.00
7,980.00
5,340.00
22,020.00
4,260.00
4,500.00
5,160.00
13,920.00
Miscellaneous 5.33 16.59 5.34
27.26 176.00
687.00
184.00
1,047.00
170.67*
670.41*
178.66*
1,019.74*
Mileage 220.00 220.00 220.00
660.00 240.00
240.00
240.00
720.00
20.00*
20.00
20.00*
60.00*
Conferences & schools
223.00
223.00
223.00
669.00
223.00*
223.00*
223.00*
669.00*
$34,834.04 $35,924.21 $31,353.74 $102,111.99 $28,407.00 28,481.00 $25,068.00 $ 81,956.00 $6,427.04 s 7,443.21 6, 85.74 0155.99
$ 128 ,418.19$145,118.24$119,935.87 $ 393,472.30$115 ,815.00$122,357.00$101,822.00 $339,994.00$12603.19 $22,761.24$18,113.87 $53,478.30