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.)
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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.
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DORSEY, WINDHORST, HANNAFORD, WHITNEY $ HALLADAY
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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
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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
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.AR INUR N WHITNEY
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G. LARRY GMII hiH
DAVID N. FRG ;:
7NDNA5 W TINKMA14
NICK R HAY
tRa1NS WEISER
DAVID R BR:III
CRAIG A BECK
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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
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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
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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 $429,864.58, pursuant to the Cooperative Agree-
ment between the parties entered into as of April 8, 1975, is hereby ratified
and confirmed.
2. All proceeds from such sale are directed to be deposited in the City's
Improvement Bond Redemption Fund.
3. All unpaid special assessments for said Parking Ramp P -1 are hereby canceled,
and the City staff is hereby authorized.and directed to do all things necessary
to cancel such special assessments on the books and records of the City of
Edina and the County of Hennepin.
Motion for adoption of resolution was seconded by , and on roll -
call, there were ayes and nays, and the resolution was
adopted...
Quit Clrtra Deed ` Form No. 31 —M. "�"•.,...> .. "'.i ....>
ncsota Uniionn Conveyancing Blanks (Revised 1974)
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July .:.................... 19.6......,
rlfade this .......................... ............................day of......................... ,
between ............................. CITY ... .OF ... ERINA.....a ... municipal ... corporation ........... ..................................... ............. : .................. .......
(aeeAygopa on, under the laws of the State of ............ ...... Minnesota ................................... I party of the first part, and
.. tIO.U.S.IN.G...AND...REDEUEL.OR ENT... AJU THORITY... OF. ...EDINA ......MINNESOTA,....a... body.... p.ol.itic...and...cor.po.r.a.te
a -e&Ppc P-4o z under the laws of the State of ................... Minneso. ta ............................................................................................ ......
party of the second part,
Ulftm�5etfj, That the said party of the first part, in consideration of the sum of
One... dollar .... (.$ 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.
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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
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REQUEST NUMBER: B-76-10
LOCATION. 4519 Bruce Avenue
REQUEST: 5.6% lot coverage variance SCALiF
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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
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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
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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.
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/ 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
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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
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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