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HomeMy WebLinkAbout1976-07-19_COUNCIL MEETING- -..(Revised) ..EDINA CITY COUNCIL ,.REGULAR MEETING .JULY 19, 1976 7:00 P.M. ..:ROLLCALL I. PUBLIC HEARINGS ON H.R.A. MATTERS Affidavits of Notice by Clerk. Presenta- ..tion by Executive Director. Spectators heard. A. Assessment of 20% of 1975 -HRA -1 - Cancellation of P -1- Assessment - 3/5 favorable rollcall vote to pass. B. Ordinance No.1212 -A1 - Establishing maintenance, public services and public safety for District. First Reading requires.offering of ordin- ..ance only. 4/5 favorable rollcall vote if Second Reading.should be waived. II. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Presentation by City Manager and - _Engineer. Spectators heard. If .Council wishes to proceed, action by Resolu- -.tion Ordering Improvement. 4/5 favorable rollcall vote to pass. .A. Street Improvement No. P -BA -220 - W. 69th Street from France Ave. to Xerxes _Ave. (Continued from 6/21/76) B. Sidewalk Improvement No. P -S -19 - South side W..69th Street from France Ave. to Xerxes Ave. (Continued from 6/21/76) C. Traffic Signal Improvement No. P -TS -1 - W. 69th St. at York Ave. (Continued frin 6/21/65) D. Storm Sewer Improvement No. P -ST.S -151 - Easement line -.Lot 1, Block 3, The Heights 5th Addition (Continued from 6/21/76) III. PUBLIC HEARING ON ZONING MATTER Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Reading requires offering of ordinance only. 4/5 favorable-rollcall vote to pass if Second Reading should by waived. A. First Reading 1. City of Edina - Lund's parking lot - located at the Southeast corner of W. 50th Street and Halifax Ave. - C -2 and C -4 Commercial- Districts to APD Automobile Parking District - Z-76-91.(6/2/76) IV. PUBLIC HEARING ON ALLEY VACATION Affidavits of Notice by Clerk. Presentation by Engineer. Spectators heard. If Council wishes to proceed, action by. Resolution. 3/5 favorable rollcall vote to pass with petition of majority of abutting property owners. 4/5 favorable rollcall vote to pass if less than majority of abutting property owners sign petition or if no petition�is presented. A. Alley between Zenith and York Avenues and between W. 56th and W. 57th Streets V. PUBLIC HEARINGS ON BOARD OF APPEALS DECISIONS Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. Action of Council by Resolution. 3/5 favorable rollcall vote to pass. A. Richard Smith - 4519 Bruce Ave. - 5.6 %'Lot Coverage Variance (Continued from 6/21/76) B. Fountainwoods Apartments - Outlot C, Walnut Ridge 3rd Addition - 6700 Vernon Ave. - Permission to maintain a single family dwelling unit structure in the R -4 Multiple Residence District VI. PUBLIC HEARINGS ON PRELIMINARY PLATS Affidavits of Notice by Clerk. Presenta- tion by Planning Department. Spectators heard. Action of Council by Resolu- tion. 3/5 favorable rollcall vote to pass. A. Erickson Addition - Generally located South of W. 54th Street at Zenith Ave. S -76 -11 (6/2/76) (Withdrawn by proponent) B. Dreis Addition - Generally located at the Southwest corner of View Lane and Vernon Ave. - S -76 -7 (6/2/76) _ C. Gordon Schuster Registered Land Survey - Generally located South of Dewey Hill Road, East of Hyde Park and West of Cahill Road - S -76 -6 .(6/2/76) D. Krahl's Mountain - Generally located South of Vernon Ave. and West of Arctic Way - S -76 -12 (6/2/76) (Continued to August 16) July 19, 1976 Agenda Page Two VII. RECOMMENDATIONS.AND REPORTS A. Planning Commission ' 1. Final Plat Approval - Dalsin First Addition (6/2/76) (S -76 -8) 2. Minnesota Housing Finance Agency Home Improvement Grant Program B. Liquor Store Marketing Recommendations C. Teamsters Local 320 Contract Mediation D. County Road 18 /Valley View Road Interchange (Continue to August 2, 1976) E. Traffic Safety Committee Minutes of July 13, 1976 F. Hearing Procedures for Land Use Decisions G. Feasibility Report -'Set Hearing Date H. Edina West Athletic Storage Building Easement Encroachment I. Manager's Miscellaneous Items 1. Southdale Dance- A -Thon 2. Settlement of Nodlund Bid Bond Suit 3. Wooddale Neighborhood Bulletin on Dutch Elm Disease I J. On -Sale Beer License - Brothers Restaurant - Edina"Five -0 Shopping.Arcade K. Grandview Park Cemetery Storm Sewer Assessments L. Park!Name Recommendations M. Right of First Refusal Clause - Grimes Property N. Acquisition of Hosek Property 0. Acquisition of Miller Property VIII. ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL IX. FINANCE A. Claims Paid: Motion of , seconded by for payment of the following claims as per Pre -List: General Fund, $38,026.29; Park,$1,752.58; Park Construction $13,388.00; Swimming Pool, $1,902.23; Golf,i$5,681.55; Arena, $7,208.31; Gun, $28.79; Water Works, $23,095.79; Sewer', $63,815.21; Liquor Fund, $134,756.42; Construction Fund, $159,151.56; I.B.k. Fund, $218.50; Total, $449,025.23 ORDINANCE NO. 1212 -A1 T AN ORDINANCE AMENDING ORDINANCE NO. 1212 TO PROVIDE FOR THE REMOVAL OF SNOW, ICE, AND RUBBISH FROM SIDEWALKS AND PARKING FACILITIES, WEED ELIMINATION FROM STREETS AND PRIVATE PROPERTY, REMOVAL AND ELIMINATION OF PUBLIC HEALTH AND SAFETY HAZARDS FROM PRIVATE PROPERTY, TRIMMING, CARE, AND REMOVAL OF TREES, REPAIR OF SIDEWALKS AND ALLEYS, AND OPERATION, INCLUDING MAINTENANCE, OF A LIGHTING SYSTEM FOR STREETS, SIDEWALKS, AND PARKING FACILITIES, AND FOR THE COLLECTION OF THE COST OF SUCH WORK AS A SPECIAL ASSESSMENT AGAINST PROPERTY WITHIN THE 50th & FRANCE COMMERCIAL AREA IF NOT PAID BY THE OWNERS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: _ Section 1. Ordinance No. 1212 is hereby amended by adding a new Section 4, as follows: [ENTIRE "Sec. 4. Work Within the 50th & France Commercial Area; Payment and SECTION Assessment. :NEW] "(a) Pursuant to Minnesota Statutes, Section 429.101, the City Manager, from time to time, either annually or at shorter intervals, may order any one or more of the following items of work to be done in the 50th & France Commercial Area: "(1) Removal of snow, ice, and rubbish, including litter, from sidewalks and parking facilities. "(2) Elimination of weeds from any and all streets, sidewalks, and private property. 19(3) Removal or elimination of any public health or safety hazards from private property. "(4) Trimming and care of trees and the removal of unsound trees within public ways, boulevards, or sidewalks. "(5) Repair of sidewalks and alleys. "(6) Operation, including maintenance, of lighting systems for streets, sidewalks, and parking facilities. "(b) For purposes hereof, the 50th & France Commercial Area shall be the area within the City of Edina included within the plan prepared by the Housing and Redevelopment Authority of Edina, Minnesota, entitled '50th & France Commercial Area Plan,' dated December 3, 1974, and parking facilities shall mean all lots, lanes, ramps, and accessories thereof, both public and private, and either on the surface, aboveground, or underground. " (c) The provisions of Sec. 1 and Sec. 2 of this Ordinance (except the first sentence of Sec. 1) shall apply to work ordered to be done pursuant to this Sec. 4, except that the costs to be- reported'to the City Clerk may be those then actually incurred or those to be incurred. (N.B. Deletions are lined out [- - - - -1; additions are underlined or noted as new paragraphs entirely.) i i Ordinance No. 1212 -A1 Page 2 "(d) All costs incurred or to be incurred for such work, or such portion thereof as the Council by resolution from time to time shall determine to charge pursuant hereto, shall be charged semiannually, or with such other fre- quency as the Council by resolution from time to time shall determine, to each owner of each separate lot or parcel of land within the 50th & France Commercial Area, in proportion to the benefits conferred upon such lots or parcels. If any charge is made for a cost to be incurred and, based upon subsequent actual costs, is found to be excessive, subsequent charges shall be reduced by such excess, and, if deficient, subsequent charges shall be increased by such de- ficiency. Any charge not paid in full by September 10 of each year shall be levied as a special assessment against the lot or parcel of land benefited. "(e) On or before September 15 of each year, the Clerk shall prepare an assessment roll assessing against each separate lot or parcel of land within the 50th & France Commercial Area all costs of such work charged against such lots or parcels and unpaid as of September 10 of that year. The Council thereupon shall examine such assessment roll submitted by the City Clerk and, if satisfactory, shall call a public hearing and levy special assessments for such work in accordance with Minnesota Statutes, Section 429.061. All such special assessments shall be payable in a single installment, or in up to ten equal annual installments, if the Council by resolution so provides, with interest thereon at the rate fixed in the resolution approving the special assessments, but not to exceed the maximum interest rate allowed by law." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. i i f� DORSEY, WINDHORST, HANNAFORD, WHITNEY $ HALLADAY -• �' /!, ,L rl JOHN W WINE-HORST ROBEPT J STk:TYK 2300 FIRST NATIONAL BANK BUILDING ROBERT A HCIDCR'u ROBERT L. MODBINS HENRY NALLADA( HICHAEt A O+'•ON _ JOHN D KIRBY CARPY D GLAZER JULE HANNA.I OHU LARRY W J."•�.,OH MINNEAPOLIS, M I N N E S O TA 55402 ROBERT A SCII'A'ARTIBA'JCR PETER S HLMOR.F3ON -.K .AR INUR N WHITNEY RLL1. W LIN?'O'JISl 7110MA5 S.I " G. LARRY GMII hiH DAVID N. FRG ;: 7NDNA5 W TINKMA14 NICK R HAY tRa1NS WEISER DAVID R BR:III CRAIG A BECK - - -1812) 340 -2600 JON F -TUT TIE � EMERY W CARTLE STEPHEN E GOTTSCHALK 1HOMAi W ELKIII� MORALE C N"C" VIRGIL N MILL DAVID L MACUSAEY THOMAS O. HOE WILLIAM A JOHNSTONE F.EN•:ETH L CUTLER "BRINY V. TARDOK JAMES IN O'HAOA!I CABLE:. DOROW STEVEN K CHAMPLIN (IAJID H.OL'INI AN Ro'IEPT J, JOHNSON IEATI: \RD B HASSELOUIST JOUN M MA;OM MICNAEL W i ?I Ni 29 -0605 MICHAEL J. RADMER MICHAEL TPUCANO JAMES R. PICLEMEIER GA Rr H. JOHNSON PETER DORSEY LARRY L. VICKREY .TELEX: JOHN P V17KO INDMAS W FINN GEORGE P FLAN14ERY LORCN R. KNOTT TELECOPIER: (612) 340-2869 - DON D. CARL50N JAY L BEIR:ETT CURTIS L. ROY PHILLIP N. MARTIN - PAUL J SCMEERER. ROBERT G. DATER ARTHUR E W'EISBEPG DUAIIE E. JOSEPH RCCSE C JOHNSON CHARLES J. HAUEIIS7EI!I - 1468 W -FIRST NATIONAL BANK BUILDING DAN F NICOL ,' KENNETH A IVERSON SUZANNE D. VA!IJYK STUART R. HEMPHILL JANi1 B VEs'EY CHARLES A GE--R ST. PAUL. MINNESOTA 55101 . JAMES A FLADER J w.VID JACKSON WILLUM A WMrt LOCK JOHN C, I'SA,.MAN 1610 227- 8017 - DAVID L BOCMNEN W CHARLES LA -112 EDWARD J. SCMWARTZOAUER JOHN R WICK5 WILLIAM E. MARTIN DOUGLAS E PAY TMJMAS M. CROWN E1JGLNE L. JOHNSON - FRANK H V0 ST STEVEN F. W'OLGAMOT CORNELIUS 0 MAHONEY.JR JOHN W. WINDHORST•JR. - � 11S THIRD STREET SOUTHWEST � WILLIAM N NIPPEE, JR. J MAROUIS CAST ROOD W:LL'AM C 8A9COCK NICHAEL PRIC"ARD ROCHESTER, MINNESOTA 55901 ROBERT A BURNS MICHEL A,LAFOND EO'AARD J PLUH R KEY.G_TH W ERICKSON THOMASS EPI ^KSON MICHAEL E. BNE SS' WLLl1A.M R. 50TH RICHARD G GAA'+504 - (507) 288 -3156 • RDGER J. MAGNUSON OWEH C.MA °.K RAYMOND A PEISTER FAITH L. OHMAS . _ J ROBERT MIDBS JAMES E BOWLUS JOHN J TAYLOR SERNARU G. HEINZEN DAVID A RANI!r•M POBERT J SK ERMAN .. - JAY F. COOK STANLEY M. RENT OF COUNSEL WILL TAM J. 14EMPEL THOMAS R. PAN-- -NEY July. 9, 1976 CHARLES L. POTUZNIK .VERLANE L, ENDORF D 'I.ALD WEST' WA-' nO F. MAROUART ,JOHN S. HIBB5 ROBERT O. ROTTEN WILLIAM R HIBBS PHILIP F. BOELTER • DENNIS RBURAT TI GEORGE E.A!I7CR50N JOHM D. LEVINE WILLIAM a PAYNE - GEORGEANN DECKER ROBERT L VANFOSSEM The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager 4801 West 50th Street Edina, Minnesota 55424 Re: Special Assessments for 50th & France Commercial Area Improvements Dear Council Members and Mr. Hyde: The Council will hold an assessment hearing on July 19, 1976, for the 50th & France Commercial Area improvements authorized by the Council on April 7, 1975. I thought it advisable, in connection-with that hearing, to refresh the Council's memory relative to the procedure (as to the doing of the work and levying of the assessments).that was contemplated at the time the improvement hearing was held and to advise the Council of the re- sults of now levying an assessment. Subsequent to the improvement hearing in April of 1975, the H.R.A. and the City of Edina entered into a Cooperative Agreement whereby the H.R.A., in its name, would proceed to do all of the 50th & France Commercial Area improvements. As a part of that overall effort, and as provided in the Cooperative Agreement, the H.R.A. was to purchase the south ramp from the City of Edina for the unpaid (but not delinquent) special assessments. That payment, then, was to be a part of the total overall cost of the 50th & France, Commercial Area improvements and included in the approximately 20% of the total cost that the City has been contemplating as the amount to be assessed. However, the City and the H.R.A. have not yet technically carried out. the sale and purchase of the south parking ramp for the unpaid special assess- ments. That will be done on or before July.19, and once done, the existing special assessments on the south side of the ramp will be paid in full via that sale. It is my understanding, as above stated, that the amount to be assessed. against the benefited properties will. be approximately 20% of the estimated total cost of the improvements. It is my further understanding that the improvements have not yet fully been completed and that the cost for the improvements is DORSEY, WINDHORST, HANNAFORD. WHITNEY a HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 2 July 9, 1976 not yet fully known, and, in fact, contracts have not yet been let for some of the improvements. However, I further understand that contracts have been let or work completed, and costs are known, in an amount greater than 20% of the total estimated cost of all of the improvements. The reason the Council authorized all of the 50th & France Commer- cial Area improvements under its special assessment procedures in the first instance was so that, if the H.R.A. activities somehow did not materialize, or if the validity of the H.R.A. or.of the H.R.A. plan for the 50th & France area were questioned, the City could, if it wished, assess all of the improve - ments against the benefited properties. By the present assessment hearing, being held prior to completion of the work or letting of contracts for all of the work, the City, if it now levies an assessment, will be giving up any option it presently has to assess more than the cost of the work presently done or for which contracts have been let. This is not to say that the City should not now proceed with the assessment of 20% of the estimated cost; it is only to point out the effect of a present assessment, i.e., loss of the ability to levy a greater assessment for the total cost of the work when it is done. The procedure that I understand will now be followed is, therefore, substantially as previously contemplated, i.e.: 1. On or before July 19, 1976, the City will pay to the H.R.A. a sum equal to the amount to be assessed in payment for the public parking ramps (as improved) and other public facilities in the 50-th & France Com- mercial Area owned by the H.R.A. and.to be conveyed to the City. 2. At the same time the H.R.A. will pay to Edina an amount equal to the unpaid special assessments for the south side ramp. 3. The amount paid to Edina by the H.R.A. will be deposited in the City's Improvement Bond Redemption Fund to compensate. 4. The City will levy the special assessments for the improvements in an amount approximately equal to 20% of the total estimated cost of the improvements. 5. The City will cancel the special assessments for the south side ramp. DORSEY. WINDHORST. HANNAFORD,WHITNEY 8 HALLADAY The Honorable Members of the City Council' Mr. Warren C. Hyde, City Manager Page 3 July 9, 1976 Because the procedures for this assessment are somewhat different from the norm, I have also prepared for your consideration a form of resolution to be used in levying these special assessments, confirming the sale of the parking ramp and canceling the prior ramp assessments. Very truly.yours, TSE /abc Thomas S. Erickson Enclosure cc: Commissioners of the H.R.A.: Mr. Charles W. Freeburg Mr. William F. Greer Mr. James 14. Nelson Mr. Frederick S. Richards Mr. Lawrence W. Rixe Mr. Robert C. Dunn Ms. Florence B.-Hallberg Mr. Greg J. Luce 1975 HOUSING AND REDEVELOPMENT AUTHORITY NO. 1, 50th & FRANCE COMMERCIAL AREA IMPROVE ^iEINTS SPECIAL ASSESSMI'NT LEVIED. Affidavits of Notice were presented by Clerk, approved as to form, and ordered placed on file. presented Analysis of Assessment showing total construction cost incurred and to be incurred at $ Of this total cost, only _201, or $ is to be assessed, the balance will be paid from tax increments produced by redevelopment of the 50th & France Commercial Area, from municipal state -aid funds, and other sources. The'amount to be assessed, $ , is proposed to be assessed against,3 /g, q 7 O assessable square feet (or assessable parcels) at $ A , l per assessable square foot (or parcel). No objections being heard, Councilperson offered the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF 1975 HOUSING AND REDEVELOPMENT AUTHORITY NO. 1, 50th & FRANCE COi•lifERCIAL AREA IMPROVEMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearing as required by law on the proposed assessment roll for the improveme-at_ hereinafter referred to, and at such hearing held July 19, 1976, has considered all oral and written objections presented against the levy of such assessment. 2. The assessment; as set forth in the assessment roll on file in-the office of the City Clerk for 1975 HOUSING AND REDEVELOPMENT AUTHORITY NO. 1, 5001 & FRANCE COMMERCIAL AREA IMPROVEMENTS, does not exceed the local benefits con- ferred by said improvements upon the lot, tract, or parcel of land so assessed, and said assessment is hereby adopted and confirmed as the proper assessment on account of said improvement to be spread against the benefited lots, parcels, and tracts.of land described therein. 3. The assessment shall be .payable in 15 equal annual installments, the first installment to be payable, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1977, with the general taxes for the year 1976. 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest.set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The Clerk shall also mail notice of any special assessments that may be payable by a county, by a political subdivision, or by the owner of any right - of -way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer .shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Council;erson , and on rollcall, there were ayes and nays, and the resolution was adopted. SALE OF PARKING RAMP P -1 TO THE HOUSING & REDEVELOPMENT AUTHORITY _OF EDINA, MINNESOTA, FOIL THE UNPAID BALANCE OF SPECIAL ASSL'SSMENT AGAINST PARKING RAKP NO. P -1 AND C, : :('ELL ATION OF SUCH ASSIESSMENT. advised the Council that, ;pursuant to the Cooperative Agreement between the City of Edina and the Housing and Redevelopment Authority of Edina, Minnesota ( "H.R.A. "), entered into as of April 8, 1975, the H.R.A. has paid to Edina the sum of $429,864.58, being the total amount of the unpaid.balance of special assessments levied for said Parking Ramp No. P -1, in exchange for a'quit claim deed to said Parking Ramp No. P -1, and that said funds should now be deposited in the City's Improvement Bond Redemption Fund, and the assessment for said Parking Ramp P -1 should now be canceled. Councilperson offered the following resolution and moved its adoption: RESOLUTION F.ATIFYI`:G AND CONFIRMING SALE OF PARKING RAMP P -1 AND DIRECTING DEPOSIT OF SALE PROCEEDS INTO THE CITY'S IMPROVEMENT BOND REDEMPTION FUND BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The conveyance by quit claim deed from the City of Edina to the H.R.A. of Parking Ramp P -1, for the sum of $429,864.58, pursuant to the Cooperative Agree- ment between the parties entered into as of April 8, 1975, is hereby ratified and confirmed. 2. All proceeds from such sale are directed to be deposited in the City's Improvement Bond Redemption Fund. 3. All unpaid special assessments for said Parking Ramp P -1 are hereby canceled, and the City staff is hereby authorized.and directed to do all things necessary to cancel such special assessments on the books and records of the City of Edina and the County of Hennepin. Motion for adoption of resolution was seconded by , and on roll - call, there were ayes and nays, and the resolution was adopted... Quit Clrtra Deed ` Form No. 31 —M. "�"•.,...> .. "'.i ....> ncsota Uniionn Conveyancing Blanks (Revised 1974) i 1 July .:.................... 19.6......, rlfade this .......................... ............................day of......................... , between ............................. CITY ... .OF ... ERINA.....a ... municipal ... corporation ........... ..................................... ............. : .................. ....... (aeeAygopa on, under the laws of the State of ............ ...... Minnesota ................................... I party of the first part, and .. tIO.U.S.IN.G...AND...REDEUEL.OR ENT... AJU THORITY... OF. ...EDINA ......MINNESOTA,....a... body.... p.ol.itic...and...cor.po.r.a.te a -e&Ppc P-4o z under the laws of the State of ................... Minneso. ta ............................................................................................ ...... party of the second part, Ulftm�5etfj, That the said party of the first part, in consideration of the sum of One... dollar .... (.$ 1- 0.0) .... and ... other ... good ... and ... valuable ... consideration...------- - - - - -- to it in hand paid by tine said party of tine second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim,, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract.. .......... or parcel......... of land lying and bcins 1n, the County of ........................ Hennepin .. ............................and State of .41innesota, described as follows, to -wit: As set out in Exhibit A attached hereto and hereby made a part hereof. THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. T o )babe allb to 3 -f ?01b tfje Together with all the hereditam,ents and appurtenances there - un.to belonging or in anywise appertainin.%, to the said party of the second part, its successors and assigns, Forever. In desti=ny 7c fjerenf, The said first party has caused these presents to be axacuted in its corporate wince by its.......... Mayor........... 'P,me f k4g and its ................... Clerk ....................... and its corporate seal to i 0 be hereunto affixed the day and year first above written. r CITY OF EDINA r .............................................................................................. ........................:...... By................................................................. ..............................: j tate ®f Anne5otap ys. County of ................................ HUNEPIN...................... The forcdoins instrument was acknowlcdged before nzc Ul?........... ....., 9..6this .................. day of................................... ............. .. 1. . ..........., by.............................. .......................JAMES... VAN...VALKENBURG rlayor ..................................................................... ...... ................ ........ ....... (NAME OF OFFICER OR AGF.NI-, 17TLE OF OFFICER OR AGE \T) (and by ................... ....................... .. .. .. .. . .. .. .............. ........................... ... . FLORENCE B. HALLBERG, Clerk............................................................................... ............................... . (NAMI: OF OFFICER OR AGENT, TITLE OF OFFICER OR AGENT) Of............... ..... ..... .............................. CITY .... OF .... EDINA (NAME OF CORPORATION AC KNOW LEOG ING) Minnesota municipal ......cor oratio),., on beltal o' the corporation. d.......................................................................................................... ............................... f t n (STATE Olt PLACE OF INCORPORATION) ....... ....................................................................................... ............................... (SIGNATURE OF PERSON TAKING .1CKNOWLEDGMENT) ' .............................................................................................. ............................... ._ . -. (TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED BY .............................................................................................. ............................... DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY (Name) 2300 First National Bank Building Address) Minneapolis, Minnesota 5402 O f� co O 0. o U 0 O p y O O � � A � 0 y 1w .� V r ro q I G1 A o lR Z C F1 C U v C ° zz O y Z' t;n fj o v q 0 A .0 DA 4C F Ttq IT NT HL .. . 21. o 7, T 7- WOO L ,- WOO El 4 A variance In.Em M mum WE m1mil lei PIR, =%A& 11011 REQUEST NUMBER: B-76-10 LOCATION. 4519 Bruce Avenue REQUEST: 5.6% lot coverage variance SCALiF b, - r%600' i 0 250 500 750 1000 villme planning dMart-ment Village of eding BDINA BOARD OF APPEALS STAFF REPORT May 20, 1976 B -76 -10 Richard C. Smith. 4519 Bruce Avenue. Lot 22, Block 3, Country Club District, Fairway Section. Refer to: Attached site plan. Request: 5.6% lot coverage variance. The proponents are planning to replace the small two-car detached garage with a 24 X 40 foot detached garage. The 50 X 138 foot lot would be allowed 1,722 square feet of lot coverage. The house covers 1,146 square feet; the proposed garage would cover 960 square feet, for a total of 2,106 square feet. This covers 30.60 of the site, thus requiring a 5.6 percent lot coverage variance. Several variances for lot coverage have been granted in the area, including B -72 -8 at 4602 Bruce Avenue for 10.5 percent, B -74 -36 at 4608 Bruce Avenue for 4.3 percent, B -75 -12 at 4517 Casco Avenue for 3.8 percent. However, these have been for. new homes with single story living areas or additions with living area. All had normal sized garages. The proponent is proposing a garage for storage of antique vehicles. Recommendation: A lar a 24 X 24 foot gara a wo a Ilowed with no variance. The proposed garage -will e out of character with the neighborhood and may be a temptation for future owners to operate a home business.. The previous precedent cases all had normal sized garages, therefore the staff recommends denial of the request. HS:ln 5/14/76 r b O 6 1D ••• Y7 8 m V. V• f� V w v v b Y 41 V b w .. O O %6 - ,y') 'J A 4 �n �I.1'11T f-1 ti" o qle �1 1 V 1 13 C�oN -rp q fTo � (tea F S ' 1 O,mthj�l O1JS V6RV A aPn'�x >� �.Osc OW Ltt ("v�7N.�K 3) PR Pt�sC -� M Ld;SC 2 --o (�wC GLifuG I-.� " . /, B -76 -10 Richard C. Smith. 4519 Bruce Avenue. Lot 22, Block 3, Country Club District, Fairway.Section. REQUEST: 5.6 percent lot coverage variance. Mr. Sand noted the lot in question is 50 feet by 138 feet, which would be allowed 1,722 square feet of lot coverage. The Smiths are proposing to replace an existing small, two -car detached garage with a 24 foot by 40 foot detached garage in the rear yard. The proposed garage would cover 960 square feet, which, in addition to the 1,146 square feet covered by the existing dwelling, would total 2,106 square feet. A 5.6 percent lot coverage variance would be required because 30.6 percent of the site is proposed to be covered and the ordinance allows a maxi- mum of 25 percent lot coverage. The garage would be used for storage of antique vehicles. Mr. Sand noted. that although a number of lot coverage variances have been granted in the neighborhood, those variances were for new homes with single story living areas or for additions.of living space; all of the dwellings have typical two -car garages of a normal size. Mr. Sand stated the staff does not feel that a garage larger than 24 feet. by 24 feet (which would be allowed without a variance) would be in keeping with the neighborhood, or that the proponent .has identified any unusual hardship or other reasons for a variance besides his personal desire to. store antique vehicles on the site. Denial of the requested variance was therefore recommended. Mr. Richard Smith, the proponent, in the garage would be used to store four automobiles (two for family use and two antique vehicles) as well as bikes, garbage cans, etc. He added the present garage is obsolete and rotting and is in need of replacement; the proposed garage would be more attractive and would result in less driveway and more useable back yard. Mr. Smith commented, "We think it is a question of percentages, not a question of neighborhood change." In reply to Mr. Miller, Mr. Smith indicated an 18 x 32 foot garage could be built without a variance, which would accomodate four vehicles but would not have the additional storage space needed.. Mr. Doug Hastings, the builder, indicated the proposed garage was designed in the same style as the existing house, with extra windows and other features "to open it up so it won't look like such a large structure ". Mr. .Shaw was concerned that a future owner might someday establish a custom - ary home occupation or that the building might eventually in some other .way have hegative impact on the neighborhood due to its size and its use limitations. Mr. Sand noted a one -ton truck is occasionally parked on the premises; he informed Mr. Smith of the ordinance regarding customary home occupations and storage of vehicles in the single family dwelling district. After additional. discussion, Mr. Runyan moved the requested.lot coverage variance be denied for the reasons stated in the staff report. Mr. Miller, seconded the motion.. All voted aye. Motion carried. 't DORSEY, WINDHORST, HANNAFORD, WHITNEY 8, HALLADAY JOHN W WINDMORST ROBERT 1 STRUYK HENRY MALLADAY MICHAEL A OLSON JULE HANMAFORD LARRY W JOHNSON ARTHUR B. WHITNEY THOMAS S. HAY RUSSELL W. LINDOUIST G. LARRY GRIFFITH DAVID R. BRINK CRAIG A BECK HORACE E. MITCH DAVID L McCUSKCY VIRGIL M MILL THOMAS 0. MOE ROBERT V TARBOX JAMES M. OIIAGAN ROBERT J. JOHNSON JOHN W MASON MAYNARD B HASSELOUIST MICHAEL W WRIGHT PETER DORSET LARRY L. VICKREY GEORGE P. FLANNERY LOREN R. KNOTT CURTIS L. ROY PHILLIP H. MARTIN ARTHUR E. WEISBERG REESE C. JOHNSON DUANE E JOSEPH CHARLES J. HAUEHSTEIN JAMES B. VESSEY CHARLES A GEER WUyIAM A WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCKWARTZBAUER JOHN R. WICKS THOMAS M. BROWN EUGENE L JOHNSON CORNELIUS D. MAHONEY. A JOHN W WINDHORST.JR WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS S, ERICKSON' WILLIAM R. SOTH MICHAEL E. DRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH L OHMAN JOHN J. TAYLOR DAVID A RANMEIN BERNARD G. MEI NZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R.MANTHEY JOHN 5. HIBBS WILLIAM R HIBBS ROBERT O. FLOTTEN PHILIP F. SOELTER JOHN D. LEVINE WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 (Silt) 340 -2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (612) 340 -2666 1466 W —FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 -6017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 1507) 266 -3156 .July 7, 1976 The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Granting of Variances Dear Council Members and Mr. Hyde: ROBERT A HEIBERG ROBERT L NOBBINS JOHN D. KIRBY BARRY D. GLAZER ROBERT A SCHWARTZBAUCR PETER S MENDRIXSON DAVID N. FROMEK NICK R. MAY THOMAS W TINKMAM IRVING WEISER JON F.TUTTLE STEPHEN E GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A JOHNSTONE KENNETH L CUTLER STEVEN K. CHAMPLIN DAVID M, OUINLAN MICHAEL J RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M.JOHNSON JOHN P. VITKO THOMAS W FINN DON D. CARLSON JAY L SENNETT PAUL J. SCHEERER ROBERT G. BAYER .DAN F. NICOL SUZANNE B. VANDYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A FLADER J. DAVID JACKSON DAVID l BOEMNEN W. CHARLES LANTZ 'WILLIAM : MARTIN DOUGLAS C RAY FRANK M VOIGT STEVEN F. WOLGANOT WILLIAM H. HIPPEEJR. J. MAROUIS EASTWOOD ROBERT A BURNS EDWARD J PLUIMER MICHEL A LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARA J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIK DONALD WEST VERLANE L ENDORF' - WALDO F. MAROUART DENNIS P. BURATTI GEORGE E ANDERSON GEORGEANN BECKER ROBERT L VANFOSSEN On June 21, 1976, Richard C..Smith appeared before the Council, requesting a variance on the property at 4519 Bruce Avenue South to allow an oversized garage. The variance had earlier been denied by the Board of Appeals and Adjustments, based on the recommendation of the City staff. At the Council meeting, Mr. Smith was represented by counsel and presented,. a number of arguments in his favor, being essentially that a four -car garage would benefit the neighbors in keeping cars off the driveway, and the de- sired garage,.where located, would allow matched rooflines and overhangs with the existing structures. However, if they are not allowed to build with a variance but must build within the ordinance, then they would not have adequate storage within the garage, and to allow adequate storage they would have to do certain roof work or roof adjusting that would not meet the ex- isting style of the other improvements. I pointed out to the Council that by Ordinance 811, in Sec. 6, 11(c),. in order to obtain a variance, the peti.- tioner must show that the "strict enforcement would cause undue hardship because of circumstances unique to the individual property under. considera- tion." The quoted language is taken out of the Minnesota Statutes, Sec. 462.357, subd. 6. That statute also adds the language that variances are to be granted only when "it is demonstrated that such (variances)...will be in keeping with the spirit and intent of the ordinance." Mrs. Smith. then advised the Council that the hardship was that their garbage cans and cars might well have to be parked outside of the garage if they were not allowed the variance. The Council has had previous opportunity to consider the grant of a variance on the basis of hardship and uniqueness. In the Robert De brey matter, I advised the Council, by letter of September 25, 1974, that there is support in Minnesota, as well as in other jurisdictions, for the view that AR, DORSEY. WINDHORST, HANNAFORD, WHITNEY & HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 2 July 7, 1976 the "hardship" necessary for the granting of a variance is substantially equal to what a court =would require in order to find the ordinance confis- catory, unreasonable, or unconstitutional in its application to the property involved if the variance were not granted, i.e., that the property cannot reasonably be used for any purpose within the ordinance without the variance. Quite clearly, this would not be the case in the Smith matter, since if their petition is denied, they would yet be able to use their premises for single- family residential purposes and to construct the desired garage but with smaller dimensions. Under the existing law, therefore, it would appear that the Council has the right to deny the variance to the Smiths. The courts seem to require less of a hardship for granting of a variance than for its denial, but.even in the granting of a variance, there must be some substan- tial hardship resulting from enforcement of the ordinance. In addition to the "hardship," the.Council must also find that the hardship exists because of "circumstances unique to the property." This re- quirement is separate and in addition to the requirement.for hardship. The Minnesota Supreme Court has held that the "unique circumstances" test does not require that the building or property be different from all others, i.e., having no -like or equal. The Minnesota Court would seem to give municipalities broad discretion in determining what is unique and to allow granting variances "where such action would be in keeping with the spirit and intent of the ordinance." I bring these - matters to the attention of the Council so that the Council will be aware of them in determining whether to grant or deny the Smiths' variance request. It is recommended that the - Council, in acting on this matter, make findings as to the facts that do or do,,not evidence undue hardship and unique circumstances, and that the Council action is in- keeping with the spirit and intent of the zoning ordinance. Very truly.yours, TSE /abc Tomas S. Erickson cc: Mr. Robert C. Dunn Mr. Greg J. Luce- -- - — - - DORSEY. WINDHORST, HANNAFORD, WHITNEY & HALLADAY The Honorable Members of the City Council Mr: Warren C. Hyde, City Manager Page 2 July 7, 1976 the "hardship" necessary for the granting of a variance-is substantially equal to what a court would require in order to find the ordinance confis- catory, unreasonable, or unconstitutional in its application to the property involved if the variance were not granted, i.e., that the property cannot reasonably be used for any purpose within the ordinance without the variance. Quite clearly, this would not be the case in the Smith matter, since if their petition is denied, they would yet be able to use -their premises for single- family residential purposes and to construct the desired garage but with smaller dimensions. Under the existing law, therefore, it would appear that the Council has the right to deny the variance to the Smiths. The courts seem to require less of a hardship for granting of a variance than for its denial, but even.in the granting of a variance, there must be some substan- tial hardship resulting from enforcement of the ordinance. In addition to the "hardship," the Council must also find that the hardship exists because of "circumstances unique to the property." This re- quirement is separate and in addition to the requirement for hardship. The Minnesota Supreme Court has held that the "unique circumstances" test does not require that the building or property.be different from all others, i.e., having no like or equal. The Minnesota Court would seem to give municipalities broad discretion in determining what is unique and to allow granting variances "where such action would be in keeping with the spirit and intent of the ordinance." I bring these matters to the attention of the Council so that the Council will be aware of them in determining whether to grant or deny the Smiths' variance request. It is recommended that-the Council, in acting on this matter, make findings as to the facts that do or do not evidence undue hardship and unique circumstances, and that the Council action is in keeping with the spirit and intent of the zoning ordinance. Very truly yours, TSE /abc cc: Mr. Robert C. Dunn Mr. Greg J. Luce T omas S. Erickson w (OFFICIAL PUBLICATION) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 EDINA BOARD OF APPEALS NOTICE OF PUBLIC HEARING THE EDINA BOARD OF APPEALS AND ADJUSTMENTS will meet at the Edina City Hall, 4801 West 50th Street, on Thursday, May 20, 1976, at 5:30 P.M., and will at said time and place consider the following petitions for zoning variance: L..E. ACKERSON 6108 Hanson Road. Lot 6, Block 1, Birchcrest 4th Addition. REQUEST:. 2 foot front yard setback variance. GILBERT H. FEIG RICHARD C. SMITH & LINDA J. SMITH DONALD G. DORNBACH ROBERT H. BUSCH FIRST WISCONSIN NATIONAL BANK GEORGE J. FAUST & JOHN E. HYRE DAVID PREVES SOUTHDALE Y.M.C.A. & ARTHUR DICKEY ASSOCIATES MICHAEL J. ANDERSON 14ARK B. NELSON 5900 -02 Killarney Lane. Lot 1, Block 1, Killarney Shores. REQUEST: 14.2 foot rear yard setback variance 4519 Bruce Avenue South. Lot 22, Block 3, Country Club District, Fairway Section. REQUEST: 5.6% lot coverage variance. 5128 Juanita Avenue South. Lot 8, Block 4, Glenview Addition. REQUEST: 4 foot side .;yard: setback variance. 5229 Duggan Plaza. Lot 8, Block 4, Brookview Heights 2nd Addition. REQUEST: 2 foot side street setback variance 6700 Vernon Avenue. Outlot C, Walnut Ridge 3rd Addition. REQUEST: Variance to allow a single dwelling unit in one building in the R -4 Multiple Residential District. 6508 Aspen Road. Lot..6, Block 2, Gleason 2nd Addn. RF,QUEST: 3 foot front yard setback variance. 6920 Mark Terrace Drive. Lot 7, Block 2, Pioneer Oaks. REQUEST: 5 foot side yard setback variance. 7355 York Avenue South. Lot 1, Block 4, Yorktown Addition. REQUEST: 40 foot side street setback variance. 6310 -12 Xerxes Avenue South. Lot 1, Block 1, Xerxes Avenue. REQUEST: 5.90 lot coverage variance. 4536 France Avenue South. Part of the Southeast Quarter of the Southeast Quarter of of S. 7, T. 28, Range 24. Edina Board of Appeals Notice of Public Hearing Page 2 MARK B. NELSON REQUEST: Necessary side yard setback variances (approximately 20 feet on the north side and approximately 10 feet on the south side) and variance to allow parking in the front yard setback. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA BOARD OF APPEALS AND ADJUSTMENTS. FLORENCE B. HALLBERG City -Clerk Please publish in the Edina Sun on Wednesday, May 5, 1976 Please send 11 Affidavits of Publication. LOCATION [[ �U•t1UM E't.0 +. 1 111 111 � : - -- •�� ' :��•LftG I I � � '��:Ji �_Illlll DI \ i• r,Tttf)L1C S I '.1 I I I - . - rtuoA LL Azv •\ •t ?��. -'�1 _•1 LV �;7� °yam \ �' !: BRAEMAR PARK AND CLtJBNOUSE +'~.a;y GOLF COURSES? pP.tk kY - (tit T�3 Ode 44t_ 'f•y� (-� ''� subdivision REQUEST NUMBER: S -76 -6 S of Dewey Hill Road, W of LOCATION: Hyde Park, E of Cahill Rd. REQUEST: Registered Land Survey to allow city to register storm water drainage property. gjlinge Manning denurtment village of edinw EDINA PLANNING COMMISSION STAFF REPORT June 2, 1976 S -76 -6 Gordon Schuster Registered Land Survey. Generally located south of Dewey Hill Road, west of Hyde Park, and east of Cahill Road. Refer to: Attached reduced copy of R.L.S. Recently Gordon Schuster dedicated Outlots A, C, and E (shown on the attached R.L.S.). These properties were described during his preliminary approvals for his planned residential development (Indian Meadows) . Althouth he does not intend to develop in the near future, he gave the property to the city for storm sewer purposes. In order for the city to file our deeds (it's registered land), we must complete an R.L.S. for the property. This approval will not allow development but will only allow the city to file their deeds. Recommendation: The staff would encourage approval so we may file the deeds and begin the storm sewer project. The reasons are as follows: 1. The Registered Land Survey will not create buildable properties. 2. The Registered Land Survey results in a benefit to the city for storm sewer purposes. 3. The Registered Land Survey is in accord with the future development plans for this property. N REGISTERED LAND SURVEY NO. m -- 9 LENTER SECTION `J.� INIF_ LLIC,be4'4, ECIS 8, 1. !�b. R 41 ---------- 476,11 3, --;—W— 11732 j'? DLWF-'Y HILL.• tA,4 COR - L1,57 11—It IAZ F LLI W go V 37 Oq L -4(..00 1 "wz?sl% 50.00 j A A 3: 0 0 co uj - B j 0 um r, o 3 0 uj 51v 110 tBb.30- F, k LIKE PARALLEL WIT64 32'E S0QTIA LIME oc -54bq.07- vv.x C:;Z -SOUTH 440 -43 C; i 7 3.7z -45.11 FF_Z.T * pq ;J a0cloo - 7- SHEET Z Or Z SvAIEE'T'zb PAR -LZL WITA T+;_; lk - P_ 0 �A_MF KZRTIA LINE C!7 Nbg'A4q' 140"E. 100.00,t.:37.45, H LNE NY-,',W SE-C 6 -237.45 VACRT IA LIKE !)LA.'�Wj- 'E)EC 5 zr BW 4q'410"E 5F_ BEARINGS SHOWN ARE ASSUMED I JJ:L'J o INDICATE-5 IRON MONUMENT CAhPED TRATION MINNESOTA Rr_Qtl'> NO 613Z L6 .8 D 3T'5.00 - .e I A 0rIG R: 1-.)q 2 70 10 o N69" 48 40 Ll- 37 il, Aj Li -1 IN, EInr Li 6 Z 8_1* '10 3-4 "E SHEET Z Or Z SvAIEE'T'zb PAR -LZL WITA T+;_; lk - P_ �A_MF KZRTIA LINE C!7 Nbg'A4q' 140"E. 0 200 400 To `7ALF_ IN FEET zr BEARINGS SHOWN ARE ASSUMED I JJ:L'J o INDICATE-5 IRON MONUMENT CAhPED TRATION MINNESOTA Rr_Qtl'> NO 613Z L6 6 .e I A 0rIG R: 1-.)q 2 70 10 o N69" 48 40 Ll- 37 il, SHEET Z Or Z SvAIEE'T'zb / S -76 -6 Gordon Schuster Registered Land Survey. Generally located south of (o �Z— Dewey Hill Road, east of Hyde Park, and west of Cahill Road. J : c� . Mr. Luce recalled that when the Gordon Schuster property was rezoned to PRD -3 in 1973, land was dedicated to the city for storm sewer purposes. Because Mr. Schuster's property is registered land, the City cannot file its deeds until a registered land survey has been completed. Mr. Luce noted the requested registered land survey is not being proposed in lieu of the "Indian Meadows" subdivision, thus its approval will not allow development of the property. He recommended approval of the proposed registered land survey because buildable lots will not be created, it will result in a benefit to the city for storm sewer purposes, and it is.in accord with future development plans for this property. Mr. Luce clarified the "Indian Meadows" subdivision was approved by the Planning Commission and was given preliminary approval by the City Council. After brief discussion, Mr. Kremer moved the proposed registered land survey be approved as recommended. Mr. Runyan seconded the motion. All voted aye. Motion carried. -_ - Ir j _I u APEL HIL GA1IONAL I MAP'�71' �. subdivision REQUEST NUMBER: 5 -76 -7 SW corner of View Lane and LOCATION: Vernon Avenue REQUEST: Subdivision of double bungalow along.party wall to allow separate ownership. yjllhae planning department Village of e(lens 1 � 1 subdivision REQUEST NUMBER: 5 -76 -7 SW corner of View Lane and LOCATION: Vernon Avenue REQUEST: Subdivision of double bungalow along.party wall to allow separate ownership. yjllhae planning department Village of e(lens EDINA PLANNING COMMISSION STAFF REPORT June 2, 1976 S -76 -7 Dreis Addition. Generally located at the southwest corner of View Lane and Vernon Avenue. Refer to: Attached reduced survey showing proposed division The proponents are requesting to divide an existing double bungalow into two separate ownerships. Usually people choose to use the single lot division process, however, the proponent wishes to plat. The site is on the south side of Vernon Avenue on View Lane. Several doubles. in the immediate area have been divided in a similar manner. Recommendation: The staff would recommend approval contingent on the payment of one additional sewer and water hook -up charge. GL:ln 5/27/76 C /TY OF EO /N�4 — f /E. DATE'OF PREPARATION MAY 12. 1976 OWNER GILBERT H. FEIG 10232 CHICAGO CIRCLE BLOOMINGTON. MINNESOTA 55420 LEGAL DESCRIPTION LOT 1. BLOCK 2. KILLARNEY SHORES HENNEPIN COUNTY, MINNESOTA PLAN NOTES \ TOTAL NO. LOTS -2 ' LOT -1. 11.520 SQ. FT. 0.264 ACRES LOT -2, 6.452 SQ. FT: 0.148 ACRES TOTAL, 17.972 SO. FT. 0.412 ACRES MIN. OF 35' SETBACK 1 ;1 i i 1 RING SERVICES Civil Engineers & land Surveyors �r 4818 Overlook Lako Circle kipls. Minn. - - 55437 '888-2080 i S -76 -7 Dreis Addition. Generally located at the southwest corner of View Lane and Vernon Avenue. Mr. Luce noted the property in question is zoned R -2, and a double bungalow is under construction on the lot. The proponent is .requesting to divide the property down the common building wall to create two separate taxable parcels so both units may be owned and homesteaded. Although this request is usually accomplished via the simple lot division process, the proponent wishes to plat instead. Noting that several other double bungalows along Vernon Avenue have been divided in a similar manner, Mr. Luce recommended approval of the request contingent on .the payment of an additional sewer and water connection charge. In reply to Mr. Hughes, Mr. Luce clarified that no parkland dedication would be required because a parkland donation was made when the original subdivision (Killarney Shores) was approved. Mr. G. Johnson moved the preliminary plat of "Dreis Addition" be approved, con - tingent on the payment of an additional sewer and water connection charge. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. 3 y- RESOLUTION APPROVING FINAL PLAT OF DALSIN let ADDITION BE IT RESOLVED by the Edina City Council that that cartsin,plat entitled "Dalsin let Addition, platted by Bernard Dalsin and Mary Jane Dalsin, husband and wife,.and. presented for final approval at the Edina City Council Meeting of July 19, 1976, be and is hereby granted final plat approval. ADOPTED by the Edina City Council this 19th.day of July, 1976. STATE OF MINNESOTA ) COUNTY OF HENNEPIN S_8 CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do, hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its regular meeting of July 19, 1976, and as recorded in the minutes of said regular meeting. WITNESS -my head and seal of said City this 21st day of July, 1976, City Clerk i g yy.� w p FS WENDELL R. ANDERSON GOVERNOR STATE OF MINNESOTA OFFICE OF THE GOVERNOR ST. PAU1, 55155 GOVERNOR'S OFFICE OF VOLUNTEER SERVICES Dear Youth Volunteer Leaders: In order.to assist,organizations with their Youth Volunteer Recognition Day activities on August 19, 1976, the Governor's Office of Volunteer Services has prepared this resource packet. It contains sample media materials, suggestions for recognition events, a copy of the Governor's proclamation, and a sample fact sheet and volunteer certifi- cate from the 1975 youth volunteer recognition event of the St. Paul hospitals. The media materials can easily be adapted to fit your needs. In the preparation of any publicity, you will need to know the media deadlines. Don't be afraid to contact your local media representatives; most are more than willing ,to meet with you and to give your story a fair hearing. In- volve your local officials and community leaders; it will help to make your program more newsworthy. To help you, G.O.V.S. has sent letters to mayors and legislators encour- aging them to participate. Enclosed you will find an order blank for a Youth Volun- teer Recognition button. Developed by a group of St. Paul hospital volunteer directors, this button is very appropriate for presentation to youth volunteers. It is approximately two inches in diameter, and is white with a red-heart in the center. It says "Minnesota Youth Volunteer" on the outside edge and "I Care'!" inside of the heart. We thank you for joining us in recognizing our youth volunteers on this very important day, and wish you every success with your Youth Volunteer Recognition Day activities. Please share your plans with us. Sincerely, ,2 Laura Lee M. Geraghty Director LLG /mb Enclosures 1' f �NE50 WENDELL R. ANDERSON GOVERNOR STATE OF MINNESOTA OFFICE OF THE GOVERNOR . ST. PAUL 55155 GOVERNOR'S OFFICE OF VOLUNTEER SERVICES June 28, 1976 Dear Legislator: August 19, 1976, is being proclaimed as Youth_ Volunteer Recognition Day by Governor Wendell R. Anderson. On that day the young people throughout our State, who are volunteering their time and services, will be honored and thanked for their contributions toward improv- ing the quality of.life for thousands of Minnesota citizens. We feel that one of the services this office can offer is to coordinate such state -wide efforts and to inform public officials about special or significant volunteer events which might be of interest to them. In these days when so much publicity and attention is focused on youth in trouble, it seems not only appropriate, but necessary that we give attention and pay tribute to our young citizens who do so much to help others through their volunteer work in various health, social service, and recreational programs. We want to do everything we can to encourage these young people in their volun- teer activities and interests, and hope that they will receive the recognition and appreciation they so rightly deserve. Local agencies and organizations are being encouraged to honor their youth volunteers in some special way on Youth Volunteer Recognition Day. Anything your office can do to support local .activities and make August.19 a significant day for our youth will be appreciated. Sincerely, AA.- Laura Lee M. G aghty / Director LLG /mb ATE 1VESO WENDELL R. ANDERSON GOVERNOR Dear Mayor: STATE OF MINNESOTA OFFICE OF THE GOVERNOR ST. PAUL 55155 GOVERNOR'S OFFICE OF VOLUNTEER SERVICES June 28, 1976 .;. Last month you received a letter informing you of Volunteer Recognition Week and encouraging your participation in recog- nizing the volunteers in your community. In reviewing the publicity for the activities that week, we were pleased to note the number of mayors who were mentioned as participants. We feel that one of the services this office can offer is to keep public officials informed about special or significant volunteer events occurring on a state -wide basis. Hopefully, local government, through your office, will contribute to such events by participating, if possible, and by providing visibility at the local level. August 19, 1976, is being proclaimed Anderson as Minnesota Youth Volunteer that day young people throughout our ing their time and services, will be their contributions toward improving thousands of Minnesotans. by Governor Wendell R. r Recognition Day. On State, who are volunteer - honored and thanked for the quality of life for Local agencies and organizations are being encouraged to recognize their youth volunteers in some special way on Youth Volunteer Recognition Day. Anything your office can do to encourage these fine young people and to help make August 19 a truly significant day for them will be deeply appreciated. LLG /mb Sincerely, 0�2CLt,�L a� Laura Lee M. G raghty Director N MEMORANDUM TO: Edina City Council FROM: Greg Luce, Planning Director SUBJECT: Minnesota Housing Finance Agency Home Improvement Grant Program Attached is a proposed resolution and an application for grant funding to the Minnesota Housing. Finance Agency (MHFA). This application requests $30,900 which would be used for outright grants to aid in the rehabilitation of homes built prior to 1961. At least 50% of the funds must be used to aid the elderly in their rehabilitation effort. The recipients of the funds must be income earners of $5,000 or less. Our experience with the present Morningside program to date indicates that there are about four or five persons in that area who are eligible for these grants and have made themselves known to us. In addition, our census information indicates there are about 15 home -... steads eligible for this funding. The amount of funding requested is the maximum that the Metropolitan Council will allow for our community. We presently have the staff capability to implement this program and have asked the state to pay $900 of the administrative costs. GL:ln 7/16/76. WHEREAS, the Minnesota Housing Finance Agency has established a home improvement grant program and is requesting local communities to aid in implementing that program; and WHEREAS, a number of Edina residents have a need for these. funds to aid in the rehabilitation of their homes; and WHEREAS, the City.of Edina has the capability to administer such a funding program; NOW, THEREFORE, BE IT RESOLVED by the City Council of Edina, Minnesota, that the Planning Director be authorized and ordered to submit the attached application for grant funding for $30,900 to the Minnesota Housing Finance Agency. GL: In 7/16/76 MHFA Form 602 Minnesota Housing Finance Agency Home Improvement Program Application for Grant Funding 1. Name of Applying Entity: City of Edina Address: 4801 west 50th Street Telephone:. 927 -8861 City: Edina, Minnesota Zip Code: 55424 A twelve month funding period is planned for this program, beginning in July, 1976 and ending in July, 1977. Amount of funding requested: $ 30,900.00 Funds for administration and technical assistance must come primarily from local sources; however, up to a 3% portion of the total funding requested above may be allocated to help cover such costs if other sources (including contributions of services) are not sufficiently available.. Please indicate the percentage (if any) of the funds requested above which you would be required to apply to such costs: 3 �. 2. Describe the home improvement needs and /or problems in your area of activity or jurisdiction. Approximately 60% of the housing units in the City of Edina were constructed prior to 1961 and are 15 years of age or more; of those units, 522 were built prior to 1939. It is estimated that more than 100 units are presently valued at $20,000 or less. A substantial number are deteriorated or have substandard wiring, plumbing, insulation, etc. Approximately 350 families have annual incomes.totaling $5,000 or less; most of those people are elderly, and many are in need of financial assistance for necessary improvements and continued maintenance of their homes. 3. Describe specifically what you would hope to accomplish with these funds, including any "targeting ".of funds to a neighborhood, the elderly, energy saving repairs, hazardous code items, etc. Edina expects to provide 8 - 10 grants for home improvements to residential properties owned and occupied by low income persons, particularly the elderly. An effort will be made to "target" the grant funds to three areas; specifically, 1) the Morningside area (census tract 0231, generally located north of Sunnyside Road), 2) the Northwest Edina area (census tract 0235.01, north of Maloney Avenue), and 3) the York Park area (census tract 0238.02, east of France Avenue and north of the Crosstown Highway). Approximately one -third of the housing units constructed prior to 1960 (40% of those built before 1939) and 80% of the housing units valued at $20,000 or less are located, in these three neighborhoods. Thirty -three percent of the families with an average income of $5,000 or less reside in these sections of the city. In addition, Community Development-funds will be utilized there by the City of Edina to undertake certain park and other public improvements. h - 2 - 4. Describe your organization, its experience with housing rehabilitation. The City of Edina is presently implementing a home improvement grant program for those eligible homeowners in the Morningside area who obtain a Minnesota Housing Finance Agency low interest home improvement loan. The program, which provides a maximum $1,000 grant for 20% of the improvement cost, utilizing Community Development funds,is expected to aid in the rehabilitation of approximately 20 - 40 housing units each year. In addition, the City of Edina has joined with the Metropolitan Council's Housing and Redevelopment Authority to acquire federal funds for an area -wide housing rehabilitation assistance program. City Planning Department personnel would administer the MHFA grant program. 5. Describe other sources of funds available to you for administrative costs and for any related program activities. The City of Edina has no other funding sources available for administrative costs, including technical assistance or other related program activities. Three percent ($900) of the total amount of funding requested ($30,900) would be allocated to help cover such costs. Additional administrative costs related to this program would be charged to the Planning Department of Edina as an unbudpeted exppense. 6. Will you be utilizing MHFA's suggested guidelines, procedures, and forms? Yes If not, please attach detailed description of your proposed program plan. 7. In addition to the above requirements, please attach City Council or County Board approval of your Application and plan. 8. This application is approved and submitted by: CITY OF EDINA By: Greg Luce Authorized Representative of Local Entity (Print) Signature Planning Director Title July 19, 1976 Date This Application must be.submitted directly to: Minnesota Housing Finance Agency Home Improvement Grant 480 Cedar Street First Floor - Hanover Saint Paul, Minnesota MHFA will then forward the Application Development Commission or Metropolitan oirmendation. Program Building 55101 to the appropriate Regional Council for review and rec- fY r � 1 1 VV4Zn7_i1TTnM Nlllage of eEdin a 4501 WEST FIFTIETH STREET - EDINA, MINNESOTA 55424 WHEREAS, the Minnesota Housing Finance Agency has established a home improvement grant program and is requesting local communities to aid in implementing that program; and WHEREAS, a number of Edina residents have a need for these funds to aid in the rehabilitation of their homes; and WHEREAS, the City of Edina has the capability to administer such a funding program; NOW, THEREFORE, BE IT RESOLVED by the City Council of Edina, Minnesota, that the Planning Director be authorized and ordered to submit the attached application for grant funding for $30,900 to the Minnesota Housing Finance Agency. DATED this 19th day o4 JAy, 1976. (signed) JAiES VAN VALKENBURG Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATION 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 resolu- tion was duly adopted by the Edina City Council at its regular meeting of July 19, 1976, and as recorded in the Minutes of said regular meeting. WITNESS my hand and seal of said City this 20th day of July, 1976. City Clerk F- 927 -8861 To Mayor and Council From Citv Manager Final Recommendations on Liquor trice Policy 1. Min Generally maintain preeent single bottle price 2. Establish 10% discount for mixed -case purchases. 3. Emphasize by various means 6% discount on 3 bottle purchases 4. Decrease substantially paid display advertising 5. Increase in -store information on comparative prices, discounts, etc. 6. Use some of money 2 = previously earmarked for display advertising to prepare frequent general City News - Letters which will emphasize liquor store policies within limits of State Liquor Control Commission. approval. 7. Continue temporary 4% discount on one and two bottle sales at 50th until 50ttr street is re- opened. This is not in addition to present discounts. WCH ail►' -._ _:: Ty F DORSEY, WINDHORST, HANNAFORD, WHITNEY 8L HALLADAY - JOHN W WINDMOPST ROBERT J STPUTN HENRY HALLADAY MICHAEL A OLSON JULE MAHNAFORD LARRY IN JOHNSON ARTHUR B WHITNEY THOMAS S. NAY RUSSELL N LINDQUIST O LARRY GRIFFITH DAVID R BRINK CRAIG A BECK NORACE E HITCH. DAVID L MCCUSKEV VIRGIL M. MILL THOMAS 0 HOE ROBERT ARBOK JAMES M. OHAGAN ROBERT J JOHNSON JOHN M MASON MAYNARD B MASSELCUIST MICHAEL N WRIGHT PETER DORSET LARRY L. VICKREY - GEORGE P. FLANNERY LOREN P, KNOTT CURTIS L RCY PHILLIP M. MARTIN - - .ARTHUR E. WEISBERG REESE _ JOHNSON DUANE L JOSE I'M CHARLES J. MAUENSTEIN JAMES B VESSEY CHARLES A GEER WILLIAM A WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWMTZSAUER JOHN R, WICKS THOMAS M BLOWN EUGENE L. JOHNSON CORNELIUS 0 MAHONEY. JR. JOHN W WINOHORST.JR. WAM C. BABCOCK LL MICHAEL PRICHARD THOMAS S- £RICKSON WILLIAM R, SDTH MICHAEL E GRESS RICHARD G SWANSON RAYMOND A PFISTER FAITH LOHMAN JOHN J. TAYLOR DAVID A RANHEIH BERNARD G MEDIUM ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R, MANTMEY - JOHN S. HIBBS WILLIAM R. HIBBS ROBERT 0 FLOTTEH - PHILIP F. BOELTER JOHN D LEVINE WILLIAM S. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 (012) 340 -2600 CABLE: DOROW TELEX 29 -0605 TELECOPIERN612) 340-2868 1468 W -FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 65101 (612) 227 -8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (607) 288-3156 • July 15, 1976 The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Procedures To Be Followed in Rezonings, Variances, and Like Matters Dear Council Members and Mr. Hyde: ROBERT A HEIBERG ROBERT L ROBBINS JOHN D. KIRBY BARRY 0 GLAZER ROBERT A SCNWARTZBAUER PETERS MENDRIASON DAVID K FRONEK NICK R. MAY THOMAS W TINKHAM IRVING WEISER JON F. TUTTLE STEPHEN E.GORSCKALK EMERT W BARTLE THOMAS W ELKINS WIWAM A JOHNSTONE KENNETH L CUTLER STEVEN K CHAMPLIN DAVID M. OUINLAM MICHAEL J RADMER JAMES R. PIELCHEIER MICHAEL TRUUNO GMT M, JOHNSON _ JOHN P. VITKO THOMAS W FINN DON 0 CARLSON JAY 'L BENNETT PAUL J. SCHEERER ROBERT G. BAYER DAN F. NICOL SUZANNE B. VMOYR KENNETH A. IVERSON STUART R. MEMPHILL JAMES A ►LAGER J. DAVID JACKSON DAVID L SOEMNEN W. CHARLES LANTZ WILLIAM E, MARTIN DOUGLAS E RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM N HIPPEL JR J HAROUIS EASTWOOD ROBERT A BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARK AROBERT HIBBS JAMES LSOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIK DONALD WEST VERLANE L ENDORF WALDO F. NAROWRT DENNIS P. BURATTI GEORGE L ANDERSON GEORGEANN BECKER - ROBERT LVANFOSSEN Some time ago the Council asked me to prepare a formal procedure to be used by the Council in approving or denying rezonings, variances, and other land use questions. I am sorry to have been so dilatory in pre - paring the requested. procedure for your review. Although I have not finished research on the matter nor prepared what I can present as a final recommen- dation, there are some matters soon coming before the Council where a formal procedure may be useful. Therefore, I have prepared, and there is enclosed, a skeletal procedural form that I recommend be used on an interim basis until a more complete one is prepared. The enclosed procedural form is designed for use in connection with those Council acts that the courts are more likely to classify as administra- tive or quasi - judicial in nature, e.g., variances, but it is recommended that it also be used in connection.with rezonings that are presently classified as legislative in nature but that some courts (and probably more in the future) classify as quasi - judicial. It is not intended for use in connection with those acts clearly legislative in nature, e.g., adoption of ordinances, but here again, making a record by the use of some or all of the procedural steps set out in the enclosure will be useful, if not necessary, in defending the validity of any ordinance. The recommended procedure requires the preparation of findings, conclusions, and a decision. Such findings must be made contemporaneously with the decision, and cannot.be made afterwards. This will require that the Council be given the opportunity to digest and review the summary of r DORSEY. WINDHORST, HANNAFORD,WHITHEY a HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager July 15, 1976 Page 2 facts, evidence, and applicable law after they are prepared, which will be after the public hearings. This will slow down the decision process, but it will also serve to improve that process; careful analysis will be required in order to demonstrate in writing that the conclusions (e.g., that an act is detrimental to public health) are consistent with the facts as found by the Council. The enclosed procedure, then, as stated, is for interim use only. No major changes are anticipated in the final draft that will be submitted for your approval, but some details may vary. Very truly yours, I TSE /abc homas S. Erickson Enclosure cc: Messrs. Dalen Dunn Luce Rosland PROCEDURE FOR HEARING AND DECIDING LAND USE QUESTIONS (For Interim Use) 1. Transcript of the hearing(s) must be taken and preserved. 2. Statement by City staff member of purpose of hearing and that appropriate applications have been filed and fees paid. 3. Determination at the beginning of the hearing that notice was duly given to all required persons pursuant to the applicable ordinance or statute. " a. Statement of notice requirements. b. Statement of method by which notice requirements were complied with. c. The Mayor may ask if any.persons present have any objections to the . notice given, or failed to receive notice; that they state-their objections relative to notice, if any, at that time. 4. Presentation of facts and action by City staff relative to the subject matter, and the reasons for and decision of the persons, commissions, or boards of the City who have acted on the matter prior to the hearing before the Council. S. Presentation by proponents. a. Proponents identify themselves and state their beneficial interest in the matter before the Council. b. In presenting the facts of the matter, also explain if they agree or not with the facts as presented by the City staff, and why. c. Present reasons why Council should hold in their favor and explain why they agree or disagree with reasons as found by prior persons, commissions, or boards acting on the matter. d. State specifically the action desired of the City. e. Questions by Council. 6. Presentation by opponents. a. Identify themselves and state their beneficial interest. b. In presenting the facts, also state if they agree or not with the facts as stated by the City staff or the proponents, and why. 6. c. Present reasons why Council should hold in their favor. (1) Explain why they agree or disagree with reasons as found by prior persons, commissions, or boards acting on the .matter. (2) Explain why they agree or disagree with reasons of the proponents. d. State specifically the action desired of the City. e. Questions by Council. f. Rebuttal by proponents, if desired. 7. Council discussion. a. Any information or facts that the Council desires and that have not been presented should be requested from the appropriate persons or groups, i.e., City staff, proponents, or opponents. It may be desirable, in some cases, to request the same information from all of the interested parties. b. Council may request opinions on any legal or engineering questions that arise. These could be requested from any one or more of the proponents, opponents, or City staff. c. If the action to be taken requires compliance with any specific criteria or standards imposed by ordinance or statutue, then testimony must be obtained as to whether the requested action does or does not comply with those criteria or standards. If no specific criteria or standards exist, then testimony must be obtained as to whether the requested act is "compatible" with other permitted uses and whether. it harms the public health, safety, or welfare. d. The hearings,. should be continued to a date or dates certain until all desired information is received by the Council. 8. All requested information, when obtained, should be presented at a con - tinuation of the public hearing, and all interested persons should be given the opportunity to comment and introduce supplemental or contrary information. Generally, the above order of presentation should be fol- lowed, i.e., staff, proponents, opponents. 9. Close public hearing and direct City staff to prepare summary of facts, testimony, and applicable law; continue hearing to a date certain. 10. City staff will prepare the requested summary and deliver it to the Council for review and modification. 11. Council reviews staff summary and adopts, by resolution, findings of fact, conclusions, and decision. It is necessary that no decision be made before . the findings of fact and conclusions are adopted. 12. The findings of fact, conclusions,. and decision should be filed and retained with the transcript of all of the hearings on the matter. -2- tY0% of dina 4001 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 .927 -8861 RESOLUTION BE IT RESOLVED by the Edina City Council that appropriate action be taken to cancel assessments for Storm Sewer Improvement No. ST.S -95 as to Parcels 2200 and 3800, Plat 73730 and that necessary steps be taken to advise the Hennepin County Finance Department. ADOPTED this 19th day of July, 1976. DORSEY, WINDHORST, HANNAFOR , W ITNEY 8, HALLADAY . Re: Grandview Park Cemetery Association 1969 Storm Sewer Assessments Dear Council Members and Mr. Hyde: Certain parcels of land belonging to Grandview Park Cemetery Association were assessed for.storm sewer improvements in 1969. Speci- fically, Parcels 1200, 1400 and 3200 were assessed for Storm Sewer Project-No. 103; Parcels 2200, 3800 and 3200 were assessed for Storm Sewer Project No. 95. Parcels 1200, 1400 and 3200 were forfeited to the State of Minnesota in 1972, and thereafter were conveyed to the City of Edina, for nonpayment of real estate taxes which first were levied upon these three parcels in 1964. With the 1972 forfeiture, the storm sewer assessments on these three parcels automatically were cancelled. Parcels 2200 and 3800 were not placed on the general property tax rolls in 1964, but rather were considered exempt as held for future cemetery use (though not actually occupied by grave sites). The 1969 storm sewer assessments against these two parcels were made in the belief that even though exempt from real estate taxes, these parcels were benefitted by and should particpate in the cost of the improvements. The assessments were not paid and therefore became delinquent. Recently, Notice of Expiration of Redemption, which will occur within approximately the next sixty days, has been served upon Grandview by the Hennepin County Finance Office. Counsel for Grandview has indicated an intention to contest the storm sewer assessments on these two parcels on the theory that cemetery land is exempt from bo -th general taxes and special assessments. JOHN M WINOMORST ROBERT J. STRUM 2300 FIRST- AT I O N A S N K B U I L D I N G ROBERT A HEIBERG ROBERT L HOBSINS HENRY HALLADAY MICHAEL A OLSON .. JOHN D. KIRBY BARRY D. GLAZER JULE MANNAFORD LARRY W JOHNSON N E A PC) L IS, M INN ES O TA B S 4 O ROBERT A SCHWARTZIIAUER PETER 5 MENDRIASON ARTHUR B, WHITNEY THOMAS 5. NAT RUSSELL W. LINOOUIST 0. LARRY GRIFFITN DAVID BRINK CRAIG _.Er . DAVID N. FRONEK THOMAS W TINKIIAM NICK R. HAT IPVING WEISEq NOVICE EMIT CN DAVID L McCUSKEI U l X, / fL.I.I ^D— E VIRGIL M MILL THOMAS 0. MOE IE) 4O Y6OO l�U• —� JON F W. TTLE JON F W. BAR WILLIAM STEPHEN V ELKIN WLLK THOMAS W ELKINS N/— ROBERT V TARBOX JAMES N. ONAGAN V_y`I_ i CABLE: DOROW A JOHNSTONE STEVEN A. CHAMPLIN KENNETH L CUTLER DAVID M. OUINLAN ROBERT J. JOHNSON JOHN M. MASON MICHAEL J. HOMER JAMES R. PIELEMEIER MAYWMD B HASSELOWST MICHAEL W. WRIGHT TELEX 2B —0606 - MICHAEL TRUC/J10 GARY M. JOHNSON PETER DORSET LARRY L VICKREY JOHN P. VITKO THOMAS W FINN GEORGE P. FLANNERY LOREN P. KNOTT TELECOPIER: (612) 340 -2868 DON D. CARLSON JAY LSENNETT CURTIS L ROY PHILLIP M. MARTIN PAUL J. SCXEERER ROBERT G. BAYER ARTHUR E. WEISBERG REESE C- JOHNSON DAN F. NICOL SUZANNE B. VANDYK DUANE E. JOSEPH CHARLES J. HAUENSTEIN 1468 W —FIRST NATIONAL BANK BUILDING KENNETH A. IVERSON STUART R. HEMPHILL JAMES VESSEY CHARLES AGEER ST. PAUL,MINNESOTA 66101 JAMES A. FLADER J. DAVID JACKSON WILWM A WHITLOCK JOHN C. ZWAKMAN (612) 227— 8017 - DAVID L SOEMNEN W. CHARLES LANTZ EDWARD J. SCMWARTZBAUER JOHN R. WICKS WILLIAM E. MARTIN DOUGLAS E PAY THOMAS M- BROWN EUGENE L. JOHNSON FRANK N. VOIGT STEVEN F. WOLGAMOT CORNELIUS D MAHONEY. JR. JOHN W WINOMORST, JR. - 116 THIRD STREET SOUTHWEST WILLIAM N. XIPPEE J0. I EAST WOOD J. MARQUIS USTWOOD WILLIAM C BABCOCK MICHAEL PRICHARD THOMAS 5- CRICKSON WILLIAM R. $OM ROCHESTER, MINNESOTA 55901 ROBERT A BURNS .. MICHEL A LAFONO EDWARD KENNETH W. ERICKSON MICHAEL E. GRESS RICHARD G. SWANSON (607) 266 -3166 ROGER J. MAGNUSON OWEN C. MARK RAYMOND A ROISTER FAITH L OM MAN J. VOBERT HIBBS JAMES E. BOWLUS JOHN J. TAYLOR DAVID A RANHEIM -14 - JAY P. COOK BERNARD G. HEINZEN ROBERT J. SILVERMAN - WILLIAM J. MEMPEL THOMAS R. MANTHEY (� .Jul Y 1976 _ STANLEY M. VEIN OF COUNSEL JOHN 5. NIBBS WILLIAM R. HIBBS ' - - CHARLES l POiUZNIM L ENDOW DONALD WEST MAROVART ROBERT O. ROTTEN PHILIP F. BOELTER DENN15 - DENNIS P. GEORGE E. ANDERSON GEORG E. NDERS JOHN D. LEVINE WILLIAM B. PATNE N BECI GEORGEAXN BECKEq ROBERT L VANFOSSEN 3 The Honorable Members of the City Council /� 31 Mr. Warren C. Hyde, City Manager d City of Edina 4801 West 50th Street, Edina, Minnesota 55424 Re: Grandview Park Cemetery Association 1969 Storm Sewer Assessments Dear Council Members and Mr. Hyde: Certain parcels of land belonging to Grandview Park Cemetery Association were assessed for.storm sewer improvements in 1969. Speci- fically, Parcels 1200, 1400 and 3200 were assessed for Storm Sewer Project-No. 103; Parcels 2200, 3800 and 3200 were assessed for Storm Sewer Project No. 95. Parcels 1200, 1400 and 3200 were forfeited to the State of Minnesota in 1972, and thereafter were conveyed to the City of Edina, for nonpayment of real estate taxes which first were levied upon these three parcels in 1964. With the 1972 forfeiture, the storm sewer assessments on these three parcels automatically were cancelled. Parcels 2200 and 3800 were not placed on the general property tax rolls in 1964, but rather were considered exempt as held for future cemetery use (though not actually occupied by grave sites). The 1969 storm sewer assessments against these two parcels were made in the belief that even though exempt from real estate taxes, these parcels were benefitted by and should particpate in the cost of the improvements. The assessments were not paid and therefore became delinquent. Recently, Notice of Expiration of Redemption, which will occur within approximately the next sixty days, has been served upon Grandview by the Hennepin County Finance Office. Counsel for Grandview has indicated an intention to contest the storm sewer assessments on these two parcels on the theory that cemetery land is exempt from bo -th general taxes and special assessments. DORSEY, WINDHORST, HANNAF0 RID. WHITNEY & HALLADAY The Honorable Members of the City Council Mr. Warren C. Hyde, City Manager City of Edina -2= July 14, 1976 Based upon our review of the applicable statutes and judicial authorities, it is our opinion that land held for use as a cemetery is - subject neither to general real estate taxes nor special assessments for local improvements. Since Parcels 2200 and 3800 have.been left exempt for future cemetery purposes, we do not believe that the special assessments against those parcels can be. sustained - _Therefore, we recommend that appropriate action be taken to cancel the storm sewer assessments as to Parcels 2200 and 3800, and that the necessary steps be taken to so' advise the Hiiihepin-- County nance ce. As you already know, Parcel 3600, formerly a part of Grandview. Cemetery, was determined by the District Court to have been properly forfeited for nonpayment of taxes, and that parcel is now owned by Edina. That parcel was not assessed.for any special assessments! Very truly yours, OTomas'T. Erickson TSE:bp cc: Robert C. Dunn City Engineer J. N. Dalen Finance Director Kenneth E. Rosland Director of Parks li _ rii MINUTES TRAFFIC SAFETY COMMITTEE JULY 13, 1976 9:00 A:M. Members present: Adam Batko Robert Dunn Greg Luce Bert Merfeld Gary West Jay Brask Member absent: None Staff present: Fran Hoffman Others present: Ray O'Connell, Edina Citizens Safety Council Lois Coon, Edina Citizens Safety Council SECTION A y E Requests on which the Committee recommends approval as requested or modified, and the.Council's authorization of recommended action. 1. STOP si4n installation for McCauley Terrace at McCauley Trail. Request by Engineering Dept. for STOP sign on newly- constructed McCauley Terrace at McCauley Trail. ACTION TAKEN: Chief Merfeld moved that the Committee recommend approval of the request as the warrant for stopping traffic entering onto a through street is met. Mr. West seconded the motion. Motion carried. 2. Resolution to City of Minneapolis for NO PARKING ANY TIME zone extended 75 feet north along the east side of France Avenue at W. 492 Street: Request for NO PARKING ANY TIME on the east side of France Avenue to be extended.beyond Bachman's to approximately 75 feet north of present NO PARKING zone. This would help clear the intersection when vehicles on France are making left -hand turns onto W. 492 Street. ACTION TAKEN: Mr. Luce moved that the Committee recommend a resolution be sent to City of Minneapolis after parking is removed from the Edina side of France Avenue requesting an extension of the NO PARKING zone on the Minneapolis side. Mr. West seconded the motion. Motion carried. R. Traffic Safety Committee Minutes Page 2 July 13, 1976 SECTION B Requests on which the Committee recommends denial of the request. 1. Dr. A. Moghaddam, 6936 Valley View Road, requests a STOP sign on Valley View Road, eastbound and. westbound, at Dakota Trail. He states that the signs are needed to control speed on Valley View Road as cars approach sharp downhill curve. Accidents: 2 -1974, 2 -1975, 0 -1976 Note: Placed curve advisory signs in late August, 1975. ACTION TAKEN: Mr. Hoffman indicated that no accidents have been reported since installa- tion of advisory curve and speed signs which indicate a 20 MPH advisory . speed. Mr. Luce moved that the Committee recommend denial of the request for a lack of multi -way stop warrants(Dakota Trail stops for Valley View Road at present). Chief Merfeld seconded the motion. Motion carried. 2. Mr.-Gerald Birmacomb, 7112 Mark Terrace Drive, requests a STOP sign on Lochmoor Drive at Mark Terrace Drive. He states a STOP sign is needed to control speed, and repeated "lawn jobs" in area. Accidents: 0 -1974, 0 -1975, 0 -1976 ACTION TAKEN: Mr. Hoffman reported that.a request had been made last year for a similar installation, but the major problem noted at that time was children playing in the streets. The request was denied as this probably would only increase traffic speed on Mark Terrace Drive. Chief Merfeld moved that the Committee recommend denial of the request as STOP sign warrants are not met. Mr. Luce seconded the motion. Motion carried. 3. Mr. Robert P. Boblett, S.I.R., 5404 Larada Lane, requests consideration on traffic signals for Blake Road and Interlachen Boulevard. He states that the traffic delay during peak traffic hours is excessive. Accidents: 0 -1974, 0 -1975, 1 -1976 ACTION TAKEN: Mr. Hoffman and Sgt. Brask reported that they had timed the delays, and the longest delay observed was approximately two and one -half (2 -1/2) minutes. Also, Mr. Hoffman reported that the problem is a temporary one involving the closure of County Road #18. County #18 is to be open in November. Mr. Luce moved that the Committee recommend denial of the request as traffic signal warrants are not met. Chief Merfeld seconded the motion. _Motion carried. Traffic Safety Committee Minutes July 13, 1976 Page 3 4. Mr. Donald Lounberg, 512 John Street, requests a crosswalk or signal at Blake Road and Maloney Avenue. He states that this is a church crossing and a traffic si.gnal and /or pedestrian crosswalk across Blake Road at the south side of the intersection is needed. ACTION TAKEN: Mr. Luce moved that the Committee recommend denial of the signal request as warrants are not met; and denial of crosswalk striping and signing as it would create a false sense of security to those using it, in addition to the fact that no sidewalks exist on which to cross to and from. Chief Merfeld seconded the motion. Motion carried. 5. Request by Mr. A. L. Stanchfield,.owner of 4940 to 4952 France Avenue, for a change in the NO PARKING ANY TIME zone on France Avenue to be implemented upon completion of H.R.A. project. (See attached letter.) . ACTION TAKEN: Mr. West moved that the Committee recommend denial of the request based on the following reasons submitted by Mr. Luce: (a) It would create a loss of a traffic lane needed to prevent congestion. (b) Sufficient parking is provided by H.R.A. project. (c) It would be a violation of the H.R.A. comprehensive traffic and land use plan. Chief Merfeld seconded the motion. Motion carried. SECTION C Requests.which are deferred to a later date or referred to others. None Respectfully submitted, Fran Hoffman, Secretary Edina Traffic Safety Committee r do Y u. A. L. STANCHFIELD, President & Treasurer R. A. STANCHFIELD, Secretary Df. L. PETERSON, Trallic & Sales THE r ORP0RATTON "Stand by Stan" Route r2, Box 153 WHOLESALE GRAIN AND FEED MERCHANTS gggg . • MINNEAPOLIS, MINNESOTA X55331 AREA 612 - PHONE 721 -2454 o July 2, 197 6 Mr. Fran Hoffman 4801 ,,vest .50th St. Edina, Minnesota 55424 Dear Sir: Per our phone talk this A.14., regarding changes and improvements now planned or bean- considered involving the 50th 8- France commercial property area. Speaking now for my tennants facing France Ave. numbers 4940 to 4952• T now ask that you set aside permanently the parking place in front of these stores as "A QUICK PTCKUP AND DELTtnRY ZONE." ALS/m This seems to me will cover the needs for everyone. yours truly, THE Sr,A By 1 l T .- •D ,,� RATION I res- dent 1 I i All Quotations Subject to Our Confirmation 'n�a "''-' CitTI",% of %O.C.,ldi n a =5t- C-,r--ffl A z - _ - - - -- 4601 WEST FIFTIETH STREET • EDINA. MINNESOTA 60424 927.8861 RESOLUTION WHEREAS, T. Lea Todd w" the Pau ident oS th Vittage Councit Srom 1944 to 1945; and WHEREAS, T. Lea Todd wa6- a membeA o6 the PZanni.ng Comin.i�ssion 5rom 1943 to 1945 and 6rom 1953 to 1968, 6ehv.ing a6 ChaiAman Sn:om 1956 to 1967; and WHEREAS. T. Lea Todd W been .involved in many deve.Copinent6 o6 the �- ob Edina, having played a major ro.ee in estabWhing the muni.ci.pat �quon by6tem; and WHEREAS, &ping 14th. Todd'6 palcti,ci.pation in- fir a6Saim bum 1943 to 1967, the•- -d popueation�gnew 6,%o m apptoximatety 6,000 to approximatety 42,000; and WHEREAS, during this time o6 growth; Edina the 6.i.ne community that it i6 today; and WHEREAS, T. Lea. Todd i.6 truly a great ci ti..zen in the City o6 Edina.; . NOW, THEREFORE, BE IT RESOLVED that the Edina. City CounciZ does heAeby name the parch property tocated at D.iv.czion Street and Ruttedge Avenue -.. T- LEA TODD PARK to commemorate M. Todd'6 -.Long- devoted and e66ecti.ve 6envice to thi,6 muni c i paZ ty. DATED thin 19th day o6.Juty,_1976. - -: - h ayor RESOLUTION WHEREAS, "WitZiam Wakdwe t Lew,iA ha6 been. a' member o6 the V,ittage o6 Edina Ptanning Comm,i,6,6 i,on 6 i.nce 1952, pnebentZy 6envcng a6 Chaihman .6 ince 1968; and WHEREAS, Wit iiam Wandwett Lucia al6o 6enved a6 a membeA o5 the Park Board, having been eZected to membMhip on December 9, 1948 and hav- ing 6enved on the Board until 1973; and WHEREAS, W.t,ZQ,iam WandweU' LeY4A, um ;the tda"on between the Ptanning Commi,66ion and the Paack Board; and WHEREAS, 'W.i.tUam WandweZt LeuLIA played an .important %ote in the coon.d i,nati on o6 totaZ City ptanning, ; incZud ing .c t6 park and tecAeation .6 ybtem; and WHEREAS, during thi6 pe iod o6 tame, the City o.6 Edina. developed .ct6 .long range park pta4 and bought and developed a park 6y6tem that began with appnoximateZy 10 acv.A to oven 1,000 ache6; and WHEREAS, W.i,U i,am WandweZZ Lew.i,6 wa6. totaeZy involved in making the City o6 Edina the weZZ planned community that .i t .c.6 today, with excellent i park grid necxeaton jac b:ti.e6; NOW, THEREFORE, BE IT RESOLVED that the Edna City Counc%Z doe6 hereby name the park pnopenty .located at the connen o6 Dewey HiZI Road.and Cah,CU Road, and noon to be deve,Zoped, WILLIAM -WARDWELLPARK to commemorate Mic. LeW41 .long devoted and_ ebgective 6envi,ce to thi,6 muni.cipaeity. DATED t ii4 19th. day . o b Ju,ey, 1976. ayon 'e. % M E M 0 R A N D U M July 19, 1976 -!E140 TO: 'Igarren C. Hyde City Council FROM: Ken Rosland, Director Park and Recreation Department SUBJECT: Resolutions The following are the resolutions for William W. Lewis and T. Lea Todd as passed by the Park Board at their meeting of July 13, 1976: WILLIAM W. LEWIS WHEREAS, William W. Lewis has been a member of the Village of Edina Planning Commission since 1952, presently serving as Chairman since 1968; and WHEREAS, William 1;1. Lewis also served as a member of the Park Board from 1952 to 1973; and WHEREAS, William W. Lewis was the liaison between the Planning Commission and Park Board; and WHEREAS, William W. Lewis played an important role in the coordination of total city planning including its park and recreation system; and 11HEREAS, During this period of time the City of Edina developed it's long range park plan and bought and developed a park system that began with approximately 10 acres to over 1,000 acres; and PIHEREAS, William W. Lewis was totally involved in making the City of Edina the well planned community that it is today with excellent park and recreation facilities; NOW, THEREFORE, BE IT RESOLVED that the City of Edina -Re"k —Beard r , Ci the park property located at the corner of Dewey Hill and Cahill Road and soon to be developed beow Aqwd William W. Lewis Park to commemorate 11r. Lewis? long devoted and effective service to this municipality. T_ IFA Tnnn WHEREAS, T. Lea Todd was the President of the Village Council from 1944 to 1945; and WHEREAS, T. Lea Todd was a member of the Planning Commission from 1943 to 1945 and from 1953 to 1968, serving as Chairman from 1956 to 1967; and WHEREAS, T. Lea Todd has been involved in many developments for the City of Edina, having played a major role in establishing the municipal liquor system; and „July 19, 1976 ” ., Page 2 1- it ! A �.. T 1 I'" L L t I A 7 iEREAS, During . Todd s participation in City a, airs era;, .943 o 196,, the City's population grew from approximately 6,000 to approximately 42,000; and WHEREAS, During this time of growth, Edina became the fine community that it is today; and ' WHEP,EAS, T. Lea Todd is truly a great citizen in the City of Edina; NOW, THEREFORE, BE IT RESOLVED that the of E ina,recce o� mmend to the Edina City Council that the Park property located at Divisionlnd RutIedgemlw. �d T. Lea Todd Park to commemorate Mr. Todd's long devoted and effective service to this municipality. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY 2800 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 JONATHAN VILLAGE CENTER (612) 340 -2600 115 THIRD STREET SOUTHWEST , MINNESOTA 58318 ROCHESTER, MINNESOTA 56901 CHASKA CABLE: DOROW (507) 266 -3156 (61, 448-4012 ESOT TELEX: 29 -0606 TELECOPIER:(612) 340-2666 1466 W-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA S5101 (612) 227 -6017 DAVID A. RANHEIM (612) 340 -2791 July 209 1976 Frank A. Dvorak, Esq. Mackall, Crounse b 11ocre 1000 First National Bank Building Minneapolis, Minnesota 55402 Ras Grandview Park Cemetery Association City of Edina Dear Prank: This is to advise that last night the City Council approved cancellation of the special assesmants on Parcels 2200 and 3£00 for the 1969 storm sewer improvements. Appropriate notice of that action will be sent to the Hennepin County Finance Office, and presw2ably the talc sale and upending forfeiture will be nullified. Very truly yours, c� David A. Ranheim DAB: j bets Warren C. Hyde Kant Swanson Thomas S. Erickson, Esq. EDINA REALTY OFFICES TO SERVE YOU: EDINA OFFICE 6500 FRANCE AVE. SO. EDINA, MINN. 55435 927 -5621 MINNEAPOLIS OFFICE 5204 BLOOMINGTON AVE. MINNEAPOLIS, MINN. 55417 827 -3551 EDINA ZINC REALTORS M LS THE COMMUNITY WE SERVE IS "CITY WIDE AND COUNTRY SIDE" BLOOMINGTON OFFICE Mr. Ken Rosland 10619 FRANCE AVE. SO. Director of Parks and Recreation BLOOMINGTON, MINN. 55431 City of Edina 888.4176 4801 W. 50th St. Edina, Minn. 55424 WEST SUBURBAN OFFICE 923 EXCELSIOR AVE. WEST HOPKINS, MINN. 55343 935.3366 BURNSVILLE OFFICE 12445 RIVER RIDGE BLVD. BURNSVILLE, MINN. 55337 890 -4540 Dear Mr. Rosland: June 15, 1976 Re: 4200 W. 44th St. Present Owner: Walsh This property has now been sold, and we are enclosing a copy of the purchase agreement. We request the City of Edina to release the deed restrictions on NORTH OFFICE 7613 BROOKLYN BLVD. this property regarding the sixty day right of first refusal clause, BROOKLYN PARK, MINN. 55443 all other restrictions regarding the preservation of this property 566.5770 to remain the same. NORTHEAST OFFICE 6528 UNIVERSITY AVE. N.E. FRIDLEY, MINN. 55432 571.7575 ANOKA /COON RAPIDS OFFICE 2004 NORTHDALE BLVD. COON RAPIDS, MINN. 55433 755.1300 GOLDEN VALLEY OFFICE 8224 OLSON MEMORIAL HWY. 55 GOLDEN VALLEY, MINN. 55427 5443696 WAYZATA OFFICE 15200 WAYZATA BLVD. WAYZATA, MINN. 55391 475.2411 COMPUTER ANALYSIS COMMERCIAL SALES PROPERTY MANAGEMENT APPRAISALS — SRA MORTGAGE ASSISTANCE INSURANCE If you will call me when this document has been-prepared, I will be glad to pick it up. We need the document as soon as possible as we are.to close on this sale within the next few days. Thank you for your cooperation. JDB:bje Enc. Very truly yours, ' J. Duke Babcock phone 927 -5621 RESOLUTION BE IT RESOLVED that the Edina City Council does hereby release the deed restriction regarding the sixty day right of first refusal clause on the property described below, with the understaAding.that no.change be made or release be given as to the heritage preservation easement in favor of the City: The Northeasterly 95 feet of the Southwesterly 145 feet of Lot 15, "Kelvin Grimes Subdivision of Lots 8 ; 9 and 10, Grimes Homestead," according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Xinnesota; and BL IT FURTdL1'% RESOLVED that the Mayor and Clerk are.hereby authorized to- exgyute a form of release of the right of first.refusal. ADOPMED this 19th day of July, 1976. STATL OF ;INNESOTA ) COUNTY OF tti.IMEPIN } SS CITY OF EDI14A ) URTIFICATL OF CITY CLLRK I, the undersigned duly - appointed and acting City Clerk for the City of Edina, do hereby certify tnat the attached and foregoing resolution was duly adopted by the c,diaa City Council at its meeting.of July 15, 1976, . and as recorded in the minutes of said regular meeting. WITNESS my.hand and seal of said City this 21st day of July, 1976. July 21, 1976 Mr. A. jI. Michaels 4UJ Itinnesota Federal Bldg. Minneapolis, Inn 554U2 Dear Mr. Mic:aaels: Enclosed herewith, as requested by Mr. Thomas iricksoit, is the resolution adopted by the Ediva City Council releasing the right of first refusal on the Welch property. Yours very truly, City Clerk enclosure cc: Mr. Thomas S. Erickson RELEASE KNOW ALL MEN BY THESE PRESENTS, That the City of Edina, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby release and discharge the right of first refusal given to the City of Edina as to the, property in Edina, Minnesota, described as follows: The Northeasterly 95 feet of the Southwesterly 145 feet of Lot 15, "Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead," according to the plat thereof on file and.. of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, as created by that certain Agreement between Hazel M. Walsh, a widow and not remarried, and the City of Edina, dated. October 17, 1975, and recorded October 21, 1975, as Document No. 4171353, in the Office of the Register of Deeds, Hennepin County, Minnesota. IN WITNESS WHEREOF, the City of Edina has caused this instrument to be duly executed this day of July, 1976. CITY EDINA b Y Its Mayor and Its Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of July, 1976, by JAMES VAN VALKENBURG and FLORENCE B. HALLBERG, Mayor and Clerk, respectively, of the CITY OF EDINA, on behalf of the City. This instrument waa drafter 6y� .' rs4 }•, Merq-, rt, Windhorst, West Halladay tt � {00 1s9 �iational Sank Bldg, LINDA L. H MINES lYte �nea ci;! " NOTARY PUBLIC MINNESOTA s, h1innesota 55402 H�NNEION. COUNTY. led � Oct, 3�0 My Commission Expires Vv1�441Yiv�r - ROBERT M. SPECTOR ATTORNEY AT LAW 810 MIDWEST PLAZA BUILDING - 807 NICOLLET MALL MINNEAPOLIS, MINNESOTA 55402 July 14 1976 TELEPHONE: - BUSINESS 338 -5841 RESIDENCE 377 -8438 Mr. Ken Roslen Park and Recreation Department City of Edina 4801 West 50th Street Edina, Minnesota Re: Tom and Carol Hosek vs. City of Edina Dear Ken: I have had lengthy discussions with my clients concerning the sale of their homestead to the City of Edina. For the reasons stated in my letter to you, dated March 12, 1976, they feel that the fair and reasonable price for their property is $62,000 and they, at this point in time, feel that they will not settle for anything less - -.than this amount. Please convey this message to the. City Council and I await your reply. My clients have indicated that if this offer is not met they will continue residing at 5600 Dewey Hill Road until such a time that they perceive that they must take further action. I hope this letter finds everything going well for you and I wish to take this opportunity to thank you for all the - time and attention you have given this matter. Best regards, Robert M.! Spector rms /ch m■ M E M O R A N D U M TO: City Council and Housing and Redevelopment Authority FROM: Greg Luce DATE: July 16, 1976 SUBJECT: Meeting on Housing Programs and Contracts The mayor has asked that I send a memorandum to each of you requesting that you attend a 5:00 meeting Wednesday the 21st in the large conference room, indicated that the meeting should last for less than an.hour and during that time we will discuss the responsibility of the various housing pro- grams and contracts in which Edina is now participating. Someone from this office will make a follow -up call -.on Wednesday to remind you. If, however, this time and date i,s impossible for you, please call at your convenience. ni r E. F. ROBB. JR. PHONE ' COMMISSIONER 348-3084 i. ter, BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55487 Date: February 2, 1976 To: Hennepin County Mayors, Legislators, Realtors, Churches, Nursing Homes, Social Service Organizations, and others. _REAL ESTATE 53_1 Bus.•Industrl. Prop. for Rini fOR RENT 20 YR. LEASE —MAKE OFFER Gracious, suburban living, 100 bras. S story, reinforced . concrete. br,ck faced, life root, hardwood hoort Ihrouuhoul. Imoeccably ma nlained. 50 year old structure. Large, vaulled c ilmps, central room and adiacenl li- brary, each with handsome, mantled fireplaces. Marlbe, congregate, balk- rooms. Enclosed slairwelts. Elevator shafts. Architecturally. nesl!ed in wooded, ro!ling, landscaped selling near [ransoorlation. Ad 'a( ent adm"'iS• fralive headouarlers in Georgian Col- onial, 6 bedroom former residence. Some repass recessary. Located 1S minules from downtown Minneaoobs. SW corner Glen Lake Sandorium campus, City of Minnetonka. For fur- Iher information, call or write Com- missloner E. F. Roof). Jr., phone 140- 7064. 7100 Government Center, Mlnne- apolis, Minn. 5SIII, YES, WE ARE SERIOUS. THE STATE OF MINNESOTA AND COUNTY OF HENNEPIN INTENO TO RAZE THESE STRUCTURES IF APPROPRIATE USE FOR THEM CANNOT BE FOUND SHORTLY. Mlnneapollo Tribune Sun., Feb. 1, 1976 Will you, or do.you know someone who will, respond to this newspaper ad? This property has 150 2 -bed rooms, can be divided into 6 wings or sections, and has been fully furnished until very recently. In these days of housing needs, social and educational programs, energy and.resource shortages, and economic limitations, the destruction of these structures, which I believe have a replace- ment value in excess of a million dollars, seems unconscionable. Bureaucrats have concluded they have no use for this property. The challenge to the private sector is obvious, perhaps on a state or county "purchase of service" basis. Nursing Home? Detox? Homeless kids? Day Care? School? If you have, or know anyone who has, any interest in using, or operating in this property, kindly lit me know by ebruary 15, 1976. C