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HomeMy WebLinkAbout1975-11-17_COUNCIL MEETINGAGENDA EDINA CITY COUNCIL MEETING NOVEMBER 17, 1975 7:00 P.M. ROLLCALL MINUTES of October 20 and 27, 1975, approved as submitted or corrected by motion of , seconded by I. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk. Pre- sentation by Manager and Engineer. Spectators heard. If Council wishes to proceed, action by Resolution Ordering Improvement. 4/5 favorable rollcall vote to pass. A. Morningside Improvements - Continue indefinitely B. North Crosstown Highway Frontage Road between Gleason and Vernon Avenues 1. Street Improvement P -C -119 2. Street Improvement P -BA -214 C. Sanitary Sewer Improvement No. P -SS -327 - Blake Road from 250' North of South line of Brownswood Addition to 319' North II. PUBLIC HEARING ON ZONING MATTER Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. Action of Council by Resolution. 3/5 favorable rollcall vote to pass. A. Western Edina Plan Amendment for Roushar Square III. AWARD OF BIDS Tabulations and Recommendations by City Manager. Action.of Council by motion. A. Garbage Collection - Morningside Area B. Police Cars C. 3/4 Ton Van D. Station Wagon IV. COMMUNICATIONS A. Housing and Redevelopment Authority - Location of 50th St. Liquor Store B. Petitions_ 1. York Terrace - Watermain and Sanitary Sewer V. RECOMMENDATIONS A. Planning Commission 1. Whiteman Addition B. Purchase Agreement - Whiteman Property C. Purchase Agreement - Garden Park - re: Thomson D. Resignation of Leigh Wakefield - Bicentennial Commission E. Metropolitan Waste Control Commission - Joint Use Rental Agreement for 1976 F. Traffic Safety Committee Minutes of 11/13/75 G. Volunteer Transportation Plan (Continued from 11/3/75) H. Ernst & Ernst 1. 1974 Audit 2. Request to Make 1975 Audit I. Workhouse Charges J. Vacancy - Board of Directors, Assn. of Metropolitan Municipalities K. Highway Utility Relocation Financing L. Feasibility Report - Set Hearing mate M. Human Relations Commission N. Declaration of Buildable Lot - Outlot 2, Iroquois Hills 4th Addition 0. Extension of Sick Leave - Calvin Moser P. Amendment of Ordinance No. 811 -A60 - Refer to Planning Commission (over, please) November 17, 1975 Agenda Page two VI. ORDINANCES First Reading requires offering of Ordinance only. 4/5 favorable rollcall vote if Second Reading should be waived. A. First Reading 1. Ordinance No. 121 -A4 - Police Vacations VII. ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL VIII. FINANCE A. Golf Course Repairs B. Grandview Liquor Store Relocation C. Kitchen Equipment for Senior Center D_._Claims Paid. Motion of , seconded by and carried for payment of the following Claims as per Pre -List: General Fund & Revenue Sharing, $39,783.35; Construction Fund, $311,510.25; Park Funds, $19,277.06; Water Fund, $1,839.03; Liquor Fund, $120,676.47; Sewer Fund, 154.37; Improvements, $868.00; Total, $494,108.53 METROPOLITAn WAPTE ConTROL .COf11miffion Twn Cities Area October 24, 1975 Mr. Warren C. Hyde, City Manager City of Edina 4801 W. 50th St. Edina, Minnesota 55424 RE: JOINT USE RENTAL AGREEMENT FOR 1976 Dear Mr. Hyde: In accordance with Section 4 of the Joint Use Rental Agreement No. 146 between the City of Edina and the Metropolitan Waste Control Commission, such Contract can be renewed by consent of both parties. We wish to renew for 1976 the Joint Use Rental Agreement No. 146 under the same terms and conditions contained in the Agreement which was in force during 1975 with the exception of the interceptors covered by the Rental Agreement to be as follows: v 1 -ED -480 - Edina Interceptor: from connection with City of Eden Prairie at Washington Avenue and Samuel Road, easterly to intersection with Richfield Interceptor No. 1 -RF -491 at 65th Street and Xerxes. 5.88 miles 1 -ED -481 - Edina Interceptor: from connection with City of Bloomington at 78th Street and Cecetta Road, northerly to intersection with Edina Interceptor No. 1 -ED -480 at Cahill and Dewey Hill Road. 0.66 miles 1 -ED -483 - Edina Interceptor: from connection with City of Bloomington at 78th Street and Washington, northerly to intersection with Edina Interceptor No. 1 -ED -480 at Washington Avenue and Sioux Trail. 1.42 miles uAlf�Nf.- -1 f -71 550 METRO fOUARE BLDG. 7TH & ROBERT /TREETf /A1nT PAUL Mn 55101 612 222.8423 A. n _.... recycled ei TOTAL - 7.96 miles Warren C. Hyde October 24, 1975 Page two The amount in Section 3 shall be changed to $4,776 and was calculated at $600.00 per mile times 7.96 miles. Quarterly payments of $1,194.00 will be made by the Commission at such time as renewal consent is received. We request that the City bill the Commission on a quarterly basis in order that timely payments can be processed. Your cooperation in renewing this Contract with the above changes is appreciated. Very truly yours, METROPOLITAN WAS ONTROL COMMISSION R: o gherty Caief A-uaiiiistrator RJD:RLB:jb Enclosures cc: Richard L. Berg - Comptroller JOINT USE RENTAL AGREEMENT NO. 146 The Metropolitan Waste Control Commission and the City. of Edina agree to renew the Joint Use Rental Agreement No. 146 under the same terms and.conditions contained in the Agreement . which is currently in force between these parties.. The renewal period for Joint Use Rental Agreement No. 146 shall.be January 1, 1976 - December 31, 1976. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF EDINA FOR THE METROPOLITAN WASTE CONTROL COMMISSION 49peph D Strauss, Chairman Ri hard J. oughert , iie edm n istrator Dated Dated OCT 2 7 1975 STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 146 The Metropolitan Waste Control Commission and the City of Edina agree to renew the Joint Use Rental Agreement No..146 under the same terms and conditions contained in the Agreement which is currently in force between these parties. The renewal period for Joint Use Rental Agreement No. 146 shall be January 1, 1976 - December 31, 1976. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF EDINA Dated FOR THE METROPOLITAN WASTE CONTROL COMMISSION Jgseph D Strauss, Chairman Richa d J. ougt rty, Ch f dm nis ator Dated OCT 2 7 1975 STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 146 The Metropolitan Waste Control Commission and the City of Edina agree to renew the Joint Use Rental Agreement No.-.146 under the same terms and conditions contained in the Agreement which is currently in force between these parties. The renewal period for Joint Use Rental Agreement No. 146 shall be January 1, 1976 - December 31, 1976. That both parties agree to the renewal period and terms is evidenced.by the signatures affixed to this statement. e FOR THE CITY OF EDINA FOR THE METROPOLITAN WASTE CONTROL COMMISSION .Joseph 0trauss, Chairman Rich rd J. Dou herty, Chi f dmi st ator Dated Dated OCT 2 7 1975 Edina City Council ira its Dept. 4?O1 `.i. �01-h St. Edin- Minn Att. Mr. Hoflnan Dear Mr. Hoffman: Sept. 8, 1975 Vie, the undersigned, ;%vd- residents of 3105, 3111, and 311.7 Heritage Drive, would like something done about the parking in front of our buildings. We understand this is public property and guests qt�- residents should be allowed to park in front of the buildings. Your nrompi attention will be anoreciated. r (nm ���� L Thank you. 31f e iii 23111 3 1 t ( / � .may✓ � %/ 3 r v .5— -AIL- cr C: O1 6-5, �r 3� d� 0 a a �! I; v 1 . .. ....... := -b •;•�;t : SHERWOOD N � -a RYAN PARNELL t• •�.. •: ., t r r' � � R � � I ®_ of IC) za . 0. Now ••• .. s ®_ of IC) za . 0. Now ROOKVIEW I� i I 1, 7LII ••• .. ROOKVIEW I� i I 1, 7LII October 27, 1975 Yayor James Van Val]�enburg City of Edina 4801 West 50th Street Edina, Minnesota 55424 TRAF -FIC CONGESTION LYI MAR LAN DRIVE This letter is written, Mayor Van Valkenbur.g, to acquaint you with a traffic congestion problem that has arisen because of previous council action. BAC-G?GU_?D SL 's Edgemoor and Delaney Additors were developed about 1958 - 1902. Council planning visualized a step doer: zoning from France Avenue to L;,-----a.r Lane i.e, apartment zoning, .double zoning, single residential zoning, with the residential zoning beginning on the west side of Lynmar Lane. To develop the area, the residents of the Sto�,.'s Edgemoor and Delaney Addition formed e homeowner's association. Through that association we - orked rith the village to plan the development of those additions. That cooperation produced some rezoning changes ,(along France Avenuc) to reduce the density problems that would have arisen with apartment developriient only. The cooperative efforts also, led to street improve - rent and storm sewer installations. We opted for concrete streets ever. though the property assessrents were higher; this was done as the village officers who met with us (City -Manager Warren Hyde and Planning Yanager, George Hite) asked us to seriously consider concrete over asphalt as that would materially reduce maintenance costs. We accepted the argument and worked out a plan to assess properties equitably so that the owners of corner lots were not unduly assessed. L'ntil 1972, our additons remained a residential area with walking streets and a usuable park area. With the development of Yorktown, our en, vl_ ^orment -al situation i:as drastically deteriorated. EN; VI:Rn_y?,'EN -T,4 , STATUS In 1972, the Edina council approved zoning changes for the Glacier Sand and Gravel properties that led to the Yo~kto-w-n development. At the time of the hearings, a.group of concerned citizens from the Stow's Edgemoor and Delaney additions protested that those zoning changes would adversely affect our residential areas. Our protests did not prevail. We were, however, assured that if traffic problems did materialize, the council would address itself to those problems. Mr. Vayor, those problems have, indeed, materialized. a'x October 27, 1975 Yayor James Van Val]�enburg City of Edina 4801 West 50th Street Edina, Minnesota 55424 TRAF -FIC CONGESTION LYI MAR LAN DRIVE This letter is written, Mayor Van Valkenbur.g, to acquaint you with a traffic congestion problem that has arisen because of previous council action. BAC-G?GU_?D SL 's Edgemoor and Delaney Additors were developed about 1958 - 1902. Council planning visualized a step doer: zoning from France Avenue to L;,-----a.r Lane i.e, apartment zoning, .double zoning, single residential zoning, with the residential zoning beginning on the west side of Lynmar Lane. To develop the area, the residents of the Sto�,.'s Edgemoor and Delaney Addition formed e homeowner's association. Through that association we - orked rith the village to plan the development of those additions. That cooperation produced some rezoning changes ,(along France Avenuc) to reduce the density problems that would have arisen with apartment developriient only. The cooperative efforts also, led to street improve - rent and storm sewer installations. We opted for concrete streets ever. though the property assessrents were higher; this was done as the village officers who met with us (City -Manager Warren Hyde and Planning Yanager, George Hite) asked us to seriously consider concrete over asphalt as that would materially reduce maintenance costs. We accepted the argument and worked out a plan to assess properties equitably so that the owners of corner lots were not unduly assessed. L'ntil 1972, our additons remained a residential area with walking streets and a usuable park area. With the development of Yorktown, our en, vl_ ^orment -al situation i:as drastically deteriorated. EN; VI:Rn_y?,'EN -T,4 , STATUS In 1972, the Edina council approved zoning changes for the Glacier Sand and Gravel properties that led to the Yo~kto-w-n development. At the time of the hearings, a.group of concerned citizens from the Stow's Edgemoor and Delaney additions protested that those zoning changes would adversely affect our residential areas. Our protests did not prevail. We were, however, assured that if traffic problems did materialize, the council would address itself to those problems. Mr. Vayor, those problems have, indeed, materialized. r _2 A recently conDleted traffic study (Traffic Safety Con-Lmittee minutes, October 111) shows that the traffic congestion that we anticipated three years ago has materialized with a resulting deterioration in the enviro L..-,rlal surrcu:.uir_,s. That detcrioruticn is a result cf: a. increased traffic volume b. increased noise pollution c. increased safety hazards d. increased litter The attached map shows the ',:- -affic volume; additional flo,•r information is available from Mr. Hoff man's study. The noise pollution accompanies the traffic voice, the constant thumping of tires on the streetjoints. The safety hazards have been lessened by the placement of YIELD signs at Tj{nmar Lane and :avelle Drive. The real answer to traffic safety at this street junction, havever, is traffic abatement. As you can appreciate, litter attends traffic volume. Soft drink cans, beer cans, and cigarette butts sprinkle our la-ems. Finally, we anticipate that this situation, without corrective action, will further deteriorate. The development of the southeast corner of 70th and France (the Southdale National Bank) could dump rrore traffic into our residential area via Mavelle Drive. Also, it is likely that the Point of France condc= -L iums could also affect the area, Yorkta;m via Valley View and Lynmar Lane, Hazleton Road rather than France. We believe, Mayor Van Valkenburg, that there are alternatives that.the council could entertain that would reduce this intolerable situation and return our area to its original environmental status. And, we ask that you give this problem your immediate attention. Respectfully submitted, V"K'b {ic Works Phone 935 -3381 320 Washington Av. South, Hopkins, Minnesota 55343 HeNNePiN COUNTY October 30, 1975 ,1r. Fran Hoffman, Assistant City Engineer City of Edina 4801 West 50th Street Edina, Hi nnesota 55424 Dear Fran: We have received an entrance permit application from the First Southdale .national Bank presently under construction in the southeast corner of the inter- section of CSAH 17 (France Avenue) and W. 70th Street in Edina. The application requests that the property be served by two driveways - one on W. 70th Street approximately 550' east of France Avenue at the east edge of the property, and the other on France Avenue opposite Mavelle Drive. The number of access points requested to serve this size of property and type of development can certainly not be considered excessive. However, we are concerned about the implications such access may have on France Avenue. Presently there is a median opening at Mavelle complimented with left turn lanes on France Avenue, A 30' concrete street return extends east to the property line at this intersection. These features were constructed with the paving project about eight years ago and presumably envisioned extension of Mavelle Drive east of France Avenue as a public street. It is this street return to which the developer plans to connect his driveway. rye are concerned that traffic generated at this point may create a hazardous condition on France Avenue - in particular the left turning movement from the site to proceed south on France Avenue and the southbound France Avenue left turn to the site. Conditions may develop where a traffic signal is demanded. Because of its close proximity to the existing signalized intersections of W. 70th Street (400' north) and Hazelton Road (400' south) a traffic signal at Mavelle would be very difficult to coordinate into the signal system we are proposing for France Avenue. In addition, with the heavy traffic demands on France Avenue and the multiphasing necessary to accommodate them it is predictable that traffic from one signal would back up through the next when spaced only 400 feet apart. In view of this it is our recommendation that the median opening at Mavelle be closed in order to preclude these conditions from developing. The access to France Avenue at this point could be retained but would be regulated to right turns in and right turns out only. Those vehicles generated from within the site having destinations south on France would circulate within the site and exit onto Minorities, Women and Other Protected Classes are Enco caged to apply for Employment at Hennepin County Mr. Fran Hoffman - 2 October 30, 1975 14. 70th Street from which a left turn to France Avenue could be made. It would appear that traffic generated on the west side of France Avenue would be inconvenienced very little by this closure since they have easy access via internal streets to both W. 70th Street and Hazelton Road. Please give this recommendation your earliest consideration since the developer must be informed and plans prepared before the opening of the bank..if the decision is to close the median. Sincerely, D'v Dennis L. Hansen Assistant Traffic Superintendent Traffic Engineering DLH:pj cc: Sam Fisher Dave Feltl 9 T�Ibe Colonial Cburrb of Cows 5532 Wooddale Avenue Minneapo'is, Minnesota 55424 (612) 925 -2711 November 2, 1975 Captain B. Merfeld City of Edina Police Department 4801 W. 50th St. Edina, MN. 55424 Dear Captain Merfeld: Community Congregational On two occasions over the past couple of years I have written to you requesting an investigation of the intersection of Grimes /Arden and Sunnyside, suggesting the need for a stop si :.gn on Sunnysi.de at that intersection. Each time you indicated that the intersection did not meet the requirements established by a national safety guidelines. Yet, if there were a sufficient number of accidents there, you would re- consider the issue. This past summer my wife assisted a teen -age girl who was hCt by-.a car while riding her bike through the intersection- suffer! ng, I believe, a broken leg. It could have been, as you know, much-worse. The last couple of winters there have been at least a couple of cars each winter that ended up in the front lawn of 4500 Arden after failing to negotiate the curve on Sunnyside due to excess speed and [cy roads. I doubt that those have been reported, but again, those incidents could have been much worse, had the cars hit the tree on the boulevard or one of the, number of children who play on the sidewalks there. It is a long stretch, of through street, from France to Wooddale and cars build up fairly high speeds in that stretch (I.know that from my-own". experience), and we live continually with th.e sounds of squealing tires, as the cars negotiate that curve at what appears to be excessi :ve speed. Through my last letter, the loading point for the school buses was moved off Sunnyside onto Arden or Grimes which was an improvement. Yet, children do have to cross Sunnyside to catch the bus, and they do play along the sidewalks on Sunnyside frequently. ask that you reconsider the possibility of a traffic sign at that intersection. I believe that if you were to monitor the traffic volume and speed at that intersection, particularly now on late afternoons, evenings and weekends, you would see the need. The enclosed article from the Oct. 22 paper reminded me of our plea th -rough the years and trust that a similar outcome would not have to occur before your department places a stop sign there. In a sense the two wh.o were J Page 2 Captain tylerfe I d Nov. 2, 1975 killed assumed that risk and responsibility when they decided to travel at that speed on that street, but what if it had been a child playing on the sidewalk instead of a tree. Thanks again for your serious consideration. Cdrdially avid L. Williamson P.S. I also have a growing concern for our 18 year old drinki.ng'law- and the resulting increase in traffic hazzard and would support action seeking to raise the drinking age to 19 or 20. November 7, 1975 O: Members of The Traffic Safety Co ,ittee and The Edina City Council Gentlemen: The following residents request the installation of stop signs at the intersection of Valley Lane and Creek Drive: N,LME ADDRESS '. ou �-� =� l� . je -5 71D t?A,` - � j v 7, - �, j 1 0l% C.U-, —� v SSG %/_ r: � / x.1' (.0 L% �, i� %� d\ ,L..Y..�„ `.L.t.c.' �c/ -`_'' ✓- L--- vG to re LD. e t e Sureet 11; .7 C'.-ildrenTs safe-v and- u, Pa---e 1 sign's on ne I cez;sary for tie sc":-ool, motorists enter ink iialoney. 7k,1�4, �m��_ lhw, ss� tj 4o Ilk t r I - c2f, 6,14 i ci r 11 AY QI s orl a` e 2 C G y f� yip A�v- 9�- I it f s IL Fran Ho_ff:rar., Chairm=an Edina Traffic SafP.ty -or ittee City Hall • Edina, Minnesota 55424 SUN NEWSPAPERS 6601 WEST SEVENTY. EIG. T 941TREET EDINA. MINN. 55495 0 � August 18, 1975 Dear I Hoffman: A nr of yea---s ago an mar "step sign'' �ti�as installed at the corner of Arthur Street and '1 i�Oi1eyr� enlle iish kids Swith aabout was quarter f of an acre request was -mace by a ... �,c . to play in preferred the street and as a resist one of them Arthur Street t� ow A� a car. The kid Baas badly scared but not injured badly. oen cars a day as a is a bhort dead -end street that has no more �heanv dozen of vehicles. In traffic lead. =:alcney, of CO'trse, gets a hib unnded u motors fic -the meantire, V:e've suffered along with screeching brakes, g p as no one expects a "stop" sign right in the fiddle of no there's rnof rhymeoorereason good share don't stop at all and generally sp e g� eontiruino t b ;nst.aiiau =vci- a6 the Johnson kids are nor' all in high school or better and don`t require any more surveillance for ',seeping out of the street. . I've talked to tine neighbors and they agreed to the saR'.e stand as I. We understand from one of year colleagues at the city hall, that the committee will'investioate fairly and objectively and co^ :e up with a decision ,:ithin a reasonable period of ti This inform=ation was encouraging as we feared getting re. caught up in a lot of bureaucratic red tape. rr ,- 1�hat touched this o_.I was an exner et :�e•rZy wise had yesterday- of co, Vse,sden.L and literall. gave r^f �,i_'e ::e11 ,.� having .�, -g much. n,± c1� , but that didn't, q_ :jet him.: do ,n very rn uc'.{ any res, o: sbi�it ur- r tr s y' r� ,:t down at '.'alcrjey the traffic fr, HL),e:ever, w :�r, Cour :-y it __; �� s.. +t l � c- the a enue as an outlet has raised �.te E"•. r t • ;i �; on hip, :. r , , i ryes us a,tl osu nuts a kor. :I" �. - � drives t L , -h: ' :cc --e ccun�s- �rar._,�� , P. O SC.''n. �rV•', �V r :cam of • °` ac.va re�scr: that. e:e can tY in'F tires- an a f cr t:o :E�ie this caSe with your usual dispatch we'll be rr.oSt appreciative. If you Will Y a Thank you fcr bearing };ivh me to this point. '-'incerelY YO E. A. d i,: ien r rdina (Res) . Senior vice 'resident - 501 Arthur tu. St., eao'b /c,., SUN NEWSPAWERS eE ve! SEVENTY-EIGHT. STREET :,,,A, MINN. 55435 . 941.4800 mate e S, 1975 Sar ~e& C, Zdina [�n l west 36£na, Im Hyde, C{ :ae e :f')L,r St. . § �2& Dew y Ien: _2 �`£e saw , "It will new to done", w;\ wronlg,, rr as hell, i might add , The "step" sib at \\\ j 2t' e a \ /E- Str et an ealone2 zv R. been re- d ever / 4"r 3 now goes yell, thetas to you and your 2; y� e 3' Z is rester ea by t e tip t �) an 2- 2. and 5413 call ues on the Public Safety C c R£ttee. \o `c \ere 5e53 s» s' =2s remote 3 but the ?SC c_ e£ul1 . 'bile oa Sea" t e s£zns u z hug {f c 6 .a ) wig 3 e � i ces so that __- — assn ctin3 driver would be lulled into a sense of Ise seen it/ et £o . erly came with tile . lei e a stop siEn �le£Se « z 3 e -n7. ers of the C J, of c7' se, /o iEterest in a ecisted too, J �e2. Std Eeel� Z, Sds� ®ay 3e21� lice 33es£Eeat . ,w g_ SL N NEWSPAPERS 6601 WEST SEVENTY - EIGHTH STREET EDINA, MINN. 55435 • 941 -4600 =r 1 -) 1975 T . F� r: =? O:'f? 2n, lzblic safety Con .iss_on O- -.dina � diva, C' _� ;. ���.24 3e_'ore you put the boor _olks living on or near tie corner of Exthur and ''aloney On the "din_o -Oat" list, a word of explanation is is Orders Tt see;:: just the other day a letter went out to 'rTarren Hyde commending tl ° aCtiOn Of yOir CC:: ^ittee 4 r °,- .oving the useless suns• 1`�U:1, it appea:•s yO'u have a petition in yO,:r leap requesting -bier re-installation. You can't be any rn,,ore confused than I. 'he informaticn reached me last n'-ht =b;:wt the petition. "seedless to add, they d_dnIt come near me for a t: — nature. I u- d :rstand it was a young lacly(acout 1.2 years )who bre. o around the parer for signatures. '..''hat beats P so-.e of the reople who E, -.e me the 7:o11t enccuraoement to ask for removal of t'rte stop signs are. no-i ba,_':74atering. :rly ? As _? r,s _ can determine TED Jam_ ?'l Ti „'PP'v "'T1” `:'R1 r IC which now endangers the- 1 Children." his kind of beef in 'Edina appears strange as Our cons":.' -1- 1ar-. has a splendid record for traffic laiwl enforcement, especially,., spe�ci_.^ --ell, the cars on .'aloney tritnout exception are viol =.tors and r l 1. --ca-re 1 r e•r r• o. ea..._;; he�i o•�t o. .e. fo :ice tl =s hem there's no real traffic , problem requi ring a stop sign- what's t',e a'_ : -rnati v.°. to t ^em? ^Ow about a ''yield" sign- or `Islow children ", etc. c a t= -.. °eY,put o ~�_ of t wo of our travelit.g police ambassadors t c oct up . a c cee� : it there for a time until the aveci`;e becor•.es something Oti _: -" t-an a ace -track !;O?•? __ none of t'lese s'_��estion has any mca,it t.,, your commission then put : r t'-_-c ca--.n signs up main. I s-,se as.-hell don't ;•Iant to be the "scrouge" of t:ie n. eighborrlood or re Indirectly responsible for any _lt' le kids bP,ttlng hurt `y the d:.::r foot d_ri-vrers c,_ :aloney. 1nerelj "ierlt to the act-on y-ou've taken and thes'e's something tO be said =or t1i ,£' CS e of ne_ki -o,rs. ':erhaps, you have a I'JOIomon" ",ardy there in C �t' _�� •.. C CL. v °t 1° - -his oL e. han!':s for he u`.na wi t':'. us to this point. _y J � e .Z ,4- " —C O P T I O N THIS AGREEMENT, Made and entered into this 29th day of 19_ by and between JOHN M. THOMSON. and ELAINE J. Tfioms \, husband and wife, hereinafter called " Optionor" (whether one or more), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota, hereinafter called "Optionee "; WITNESSETH, That, in consideration of the sum of Ten and no /100 Dollars ($10), in hand paid by Optionee to Optionor, the receipt and sufficiency of which is hereby acknowledged by Optionor, it is agreed as follows: 1. Option. Optionor hereby grants to Optionee the exclusive right and option, to be exercised on or before March 1, 1976 (hereinafter called the "Option Date "), to purchase that certain tract or parcel of land (hereinafter called "Optioned Premises ") situate in the City of Edina, Hen- nepin County, Minnesota, described on Exhibit A attached hereto and hereby made a part hereof, and as the same is to be more accurately described pur- suant to survey as provided in Exhibit A. 2. Purchase Price. It this option is exercised any :«� r..�.:•u�e consummated as herein provided, the purchase price to be paid by Optionee to Optionor for the Optioned Premises shall be Thirty -six thousand Dollars ($36,000) and shall be payable as follows: (a) Ten Dollars ($10), the payment-made for this option, the receipt of which is hereby acknowledged; and (b) The balance of said purchase price, in cash, on the date of closing. 3. Exercise of Option. The option herein granted shall be deemed fully exercised if written notice of election to purchase is given by Optionee to Optionor by depositing said notice in the United States mail, registered or certified, addressed to Optionor, with postage prepaid, on or before midnight of the Option Date. 4. Date of Closing. The notice of election to purchase herein - above described shall set a date for the closing of the sale herein contemplated, which date shall be on a business day, and which date shall be not less than ten (10) nor more than thirty -five (35) days from and after the date the notice of election to purchase is given by Optionee, provided, however, if title objections are made pursuant to paragraph 6, and Optionor requires more than the period to the date of closing stated in said notice to correct them, the date of closing shall then be postponed and shall be within ten (10) days after said title objections are corrected or Optionee exercises 1 election (ii) as set out in paragraph 6, as the case may be. The closing shall take place at 10:00 o'clock A.M., at the City Hall, City of Edina, 4801 West 50th Street, Edina, Minnesota. 5. Optionoe's Obligation on Date of Closing. Optionor, on the date of closing, shall execute and deliver to the Optionee a warranty deed conveying marketable title to the Optioned Premises, subject only to: (a). Building and zoning laws, ordinances, state and federal regulations. (b) Reservation of any minerals or mineral rights to.State of Minnesota. (c) Utility easements and public road easements that do not interfere, in the Optionee's sole opinion, with the pro- posed use or development of the Optioned Premises by the Optionee. 6. Title Examination. In the event Optionee elects to purchase the Optioned Premises as herein provided, the Optionor shall, as soon as reasonably possible after the giving of such notice of election, deliver to Optionee, at the address hereinafter provided, complete abstracts of title covering said Optioned Premises, certified to a then current date, or a registered property abstract, both with the usual searches attached, showing marr-letable title. Optionee sha11 have twenty (20;, days from 3r.4 :.af * °?" 01e receipt thereof in which to examine title and notify the Optionor in writing of any objections thereto. If any objections are made, the Optionor shall. be allowed one hundred twenty (120) days to correct such objections and make title marketable. If said title is not marketable, and is not made so within said 120 -day period, then Optionee shall have the election to (i) declare this agreement terminated, whereupon all money paid hereunder by Optionee to Optionor shall be immediately refunded, and thereafter neither party hereto shall have any further obligation hereunder.. to the other; or (ii) to accept such title in its then condition and consummate this transaction, except that Optionee may withhold from the purchase price, and apply toward correction of such objections, so much of the purchase :price as may be necessary, in Optionee's reasonable opinion, to correct such objections, including reasonable attorneys' fees. Any payment made by Optionee in connection with the correction of such objections shall be considered as payment on the purchase price. Any excess of the sum withheld by Optionee over the payments made in connection with the cor"- rection of such objections shall be paid over to Optionor, without interest, once such objections are corrected of record. But if the title to said property be found marketable,.or be made so within said time, and said Optionee shall default in any of the agreements and continue in default for a period of ten (10) days, then and in that case the Optionor may terminate this agreement, and on such termination, all payments made upon this agreement shall be retained by said Optionee as liquidated damages, time being of the essence hereof. The right-to terminate and the retention of moneys paid hereunder shall be the sole and exclusive remedy of Optionor in the event of default by Optionee in any of its agreements herein,. -2- 7. Taxes and Assessments. In the event'this option is exercised by the Optionee and the purchase is consummated as herein provided, Optionor, on or before the date of closing, shall pay in full all real estate taxes payable in the year of closing and in all prior years, with penalties and interest, if any. Optionor also shall pay, on date of closing, all special assessments that have been levied and assessed as of the date of closing against the Optioned Premises. Optionee shall pay all of the real estate taxes payable in subsequent years and all unpaid special assessments payable therewith and thereafter, if any. 8. Special Agreements. (a) Entrance upon Optioned Premises During Term of Option. Optionee shall have the right during the term of this option and agreement to enter upon the Optioned Premises for test borings; surveys, studies, or for any other purpose in connection with ascertaining the suitability of the Optioned Premises for Optionee's purposes, provided that any such entry does not unreasonably interfere with Optionoe's use of the Optioned Premises. Optionee shall hold Optionor harmless from any and all liability or damages that Optionor may sustain by reason of any entry upon said Optioned Premises by Optionee or its agents. (b) Retention of Option Payments. Except as otherwise pro- vided herein, if Optionee does not exercise this option within the option pexioa'as the same may be eaieitued, t cn Optionee will not be entitl e,4 *^ refund of the moneys paid for this option, and such moneys may be retained by Optionor. (c) Commission Claim. The parties hereto warrant that neither has incurred any real estate brokerage fees, finders' fees, loan brokerage fees, or any other fees to any third party in connection with the purchase and sale covered by this option. In the event any third party institutes legal action in an effort to recover any such fees, the parties jointly shall defend such action. If a judgment is obtained against the parties jointly, the party responsible for breach of this warranty shall reimburse the other for the latter's attorneys' fees, court costs, and share of the judgment. 9. Notices. Wherever in this option it shall be required or per- mitted that notice or demand be given or served by either party to this option to or on the other, such notice or demand shall be given or served, and shall not be deemed to have been duly given or served, unless in writing and for- warded by registered or certified mail, postage prepaid, addressed as follows: To Optionor at: John M. Thomson c/o Green & Merrigan 4108 IDS Center, Minneapolis, MN 55402 To Optionee at: City Hall 4801 West 50th Street Edina, Minnesota 55424 Attention: Mr. J. N. Dalen. -3- Such addresses may be changed from time to time by either party by serving notices as above provided. 10. Successors and Assigns. The terms, conditions, and covenants hereof shall extend to, be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the respective parties hereto. Reference herein to Optionor shall include each and all of the persons so designated, and they shall have joint and several liability hereunder. 11. Acceptance by Optionee. If this Option be first signed by Optionor, then this Option shall be outstanding, and may not be revoked or terminated, for a period of fifteen (15) days from the date signed by Optionor, and Optionee may accept this Option by signing the same within said 15 -day period. IN WITNESS WHEREOF, Optionor and Optionee have caused these presents to be duly executed, all as of the day and year first above written. nPTTnNnR: husband and wif e OPTIONEE: CITY OF EDINA by Its Mayor and Its Manager -4- 0 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of o�fe. , 1975, by JOHN M. THO�iSON and ELAINE J. THOMSON,husband and (SEAL) "u �AAA,4l1A,a +; e A -W AAAAAW LL. 1T.. J.:J= RRIGAN _ _ `=;I� l �i !•� W !'�� f l�liL �+C r11ir N �j C n �0Tr.,. 11QCMt +fry y'�Q ►�s►�fl fBFrrssJuly 29;,1979' STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) k M-0 - N��m N The foregoing instrument was acknowledged before me this day of 1975, by JA`1ES VAN VALKENSURG, Mayor, and WARREN C. HYDE, Manager, of the City of Edina, on behalf of said City. (SEAL) I -5- EXHIBIT A (To Option between John M. Thomson and Elaine J. Thomson, husband and wife, Optionor, and City of Edina, Optionee) The West 341.32 feet of the East 682.64 feet of the South 16 rods of Lot 5,. Garden Park, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said county. METROPOLITAn wnf 1`f otonTROL COfYImiffloll Twin Clues Area October 24, 1975 Mr. Warren C. Hyde, City Manager City of Edina 4801 W. 50th St. Edina, Minnesota 55424 RE: JOINT USE RENTAL AGREEMENT FOR 1976 Dear Mr. Hyde: In accordance with Section 4 of the Joint Use Rental Agreement No. 146 between the City of Edina and the Metropolitan Waste Control Commission, such Contract can be renewed by consent of both parties. We wish to renew for 1976 the Joint Use Rental Agreement No. 146 under the Game terms and conditions contained in the Agreement which was in force during 1975 with the exception of the interceptors covered by the Rental Agreement to be as follows: Y7, f 1 -ED -480 - Edina Interceptor: from connection with City of Eden Prairie at Washington Avenue and Samuel Road, easterly to intersection with Richfield Interceptor No. 1 -RF -491 at 65th Street and Xerxes. 5.88 miles 1 -ED -481 - Edina Interceptor: from connection with City of Bloomington at 78th Street and Cecetta Road, northerly to intersection with Edina Interceptor No. 1 -ED -480 at Cahill and Dewey Hill Road. 0.66 miles 1 -ED -483 - Edina Interceptor: from connection with City of Bloomington at 78th Street and Washington, northerly to intersection with Edina Interceptor No. 1 -ED -480 at Washington Avenue and Sioux Trail. 1.42 miles UAK �Nf --.- --7 f -79 150 METRO /OUARE BLDG. 7TH& ROBERT /TREET/ /AinT PAUL mn 55161 612 222.8421 •�.. recycled:. ^� TOTAL 7.96 miles Warren C. Hyde October 24, 1975 Page two The amount in Section 3 shall be changed to $4,776 and was calculated at $600.00 per mile times 7.96 miles. Quarterly payments of $1,194.00 will be made by the Commission at such time as renewal consent is received. We request that the City bill the Commission on a quarterly basis in order that timely payments can be processed. Your cooperation in renewing this Contract with the above changes is appreciated. Very truly yours, METROPOLITAN WAS ONTROL COMMISSION Richard J. o gherty Chief Administrator RJD:RLB:jb Enclosures cc: Richard L. Berg - Comptroller STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 146 The Metropolitan Waste Control Commission and the City of Edina agree to renew the Joint Use Rental Agreement No. 146 under the same.terms and.conditions. contained in the Agreement which is currently.in.force between these parties. The renewal period for Joint Use Rental Agreement No. 14.6 shall be January 1, 1976 - December 31, 1976. That both parties agree to the renewal period-and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF EDINA FOR THE METROPOLITAN WASTE CONTROL COMMISSION ':�O �44� JQ seph D Strauss, Chairman Ri hard J. ougher?!!�i . i dm nistrator Dated Dated OUT 2 ? 1975 STATEMENT OF'AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 146 The Metropolitan Waste Control Commission and the City of Edina agree to renew the Joint Use Rental Agreement No. 146 under the same terms and conditions contained in the Agreement which is currently in force between these parties. The renewal period for Joint Use Rental Agreement No. 146 shall be January 1, 1976 - December 31, 1976. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF EDINA FOR THE METROPOLITAN WASTE CONTROL COMMISSION �.G'it�vYY J9seph D Strauss, Chairman Richa d J. oug rty, Ch' f dm'nist ator Ddt ed Dated OCT 2 7 1975 STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 146 The Metropolitan Waste Control Commission and the City of Edina agree to renew the Joint Use Rental Agreement No..146 under the same terms and conditions contained in the Agreement which is currently in -force between these parties. The renewal period for Joint Use Rental Agreement No. 146 shall be January 1, 1976 - December 31, 1976. That -.both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE'CITY OF EDINA FOR THE METROPOLITAN WASTE CONTROL COMMISSION .Joseph Strauss, Chairman . Rich rd J. Dou herty, Chi f. dmi st atcr: Dated Dated OCT 2 7 1975 a4 ;i, ERNST & ERNST FIRST NATIONAL BANK BLDG. MINNEAPOLIS, MINN. 55402 October 13, 1975 City Council City of Edina Edina, Minnesota Gentlemen: -7 -t-A - 1 Our examination of the financial statements of the various funds of the City of Edina for the year ended December 31, 1,974 included a review of internal control and accounting procedures. The following comments are pre- sented for your consideration. INTERNAL CONTROL Payroll clearing claims (request for check) for payroll withholding, deductions, etc. are not signed as being authorized. We recommend that checks only be issued for claims bearing authorized signatures. The transaction sequence number on the cashier's register at the city hall is turned back to one each day. With each day starting over the con- tinuity of register transactions cannot be tested since transactions could be made after cutoff for the day and the register then turned back. We recommend that the register not be turned back each day so that continuity of register transactions could be tested and accounted for. The $250 change fund and the daily receipts are left in the cash register over night. At the end of each day all monies should be removed from the cash register and placed in the safe. Presently the cashier's monthly recap is not reviewed. This recap is used for the monthly posting. We recommend that someone from the account- ing department compare the daily cash register tapes to the monthly recap and test account distribution. During our review of golf course receipts we noted that most days tested had "miss rings ". Presently the incorrect cash register slip is signed and forwarded to city hall; however, there is no indication where the corrected ring may be on -the register tape. We suggest that all '!miss rings" be voided and posted to an error sheet. The error sheet should show the transactions number, amount, sales category voided, the transaction number of the corrected ring and a brief explanation. The error sheet should be forwarded to city hall with the register tapes and voided cash register slips. ,.0 City Council -2- October 13, 1975 While the above comments relate to the golf course we feel the use of an error sheet for all cash registers would improve internal control over cash receipts. Cash receipts of the driving range and par three course are recorded on a separate cash register at the A- frame. These receipts are taken to the club house to be deposited with the club house register receipts; however, the cash register tape is not forwarded to the club house. We suggest that the cash register tape be taken with the receipts to the main club house and then for- warded to city hall along with other golf course register tapes. Currently golf course receipts are not being deposited daily. To insure proper control over cash and to obtain maximum utilization of cash, we strongly recommend that receipts be deposited daily. The City has discontinued the practice of making surprise cash counts of operating cash funds and the practice of testing cash register tapes for continuity of ringups to account for cash receipts has not been followed. We believe that these procedures were significant control features and should be resumed. GENERAL At present the City applies differing accounting policies to each fund. Although these policies appear similar among the operating funds and among the non - operating funds, they are internal policies. We suggest that the Finance Director identify each City fund as an operating or non - operating fund and that he document accounting policies _for all operating or non- operat- ing funds as a group. This would help ensure continued accounting uniformity between funds of the same nature. As a part of this proposed project we suggest that the Finance Director consider the recommendations of the American Institute of Certified Public Accountants relative to governmental accounting. We thank City personnel for their continued cooperation and assist- ance during our examination. If you have any questions regarding the above comments or any other matters with which we may be of assistance, we would be pleased to discuss them with you. Very truly yours, ERNST & . ERNST FIRST NATIONAL BANK BLDG. MINNEAPOLIS. MINN. SS402 November 13, 1975 Mrs. , Florence Hallberg, Clerk City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mrs. Hallberg: Will you please place on the agenda for Council action at an early date the matter of the annual audit of the financial affairs of the City of Edina for the year 1975. We hope to be favorably con - sidered for this appointment. We assure you that the engagement would again have our care- ful attention. We would be glad'to discuss any questions you might have. Very truly yours, K. A. Olson Supervisor KAO:kjw w I•CAADARELLE & OSOCIATES, INC. LAND- VRVEY'RS P. O. BOX 24021 .941-303.0 EDINA, MINN. 55424 � CERTIFICATE OF. SURVEY Sur"y Fors. WILLYS HoL UIST QNSTRUCTWN COMPANY File No.5ZaaBook 7 Page a� PZe ' N 0 . . I � 1� 30 o fie, AI.. -- -•-i°= -- °" ,fir � C °.,1 eAPO' 12Z,�es� r t— eAA htrwt th tfi t t Sa P o true W; c�rr*ct reprommtatien o4 a eum*y cF fhe t uaCjric3 - -H_�-.� Minn cea3 + ,' riutrfe encraachrt�en!a, i? my i'r °a c• c ^. �;it? i�rd. `jur•�By3J� f;;� r..o t`a _��.,a_ ..��c7 °�_r.��ay �r '� UNITED MAILING COMPANY 4401 WEST 76TH STREET — MINNEAPOLIS, MINNESOTA 55435 — PHONE (612)831 -3600 November 12, 1975 Mr. Warren Hyde, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Warren: Following our meeting with the Council there were varied opinions as to the exact definition of the Human Relations Commission's assignment. I feel it's important, therefore, that we put on paper the direction and form we are following as we prepare recommendations for the Council. The Human Relations Commission is to review their own budget and the needs of Edina Youth Action, and the Colony. Following this review we are to recommend by December 15 how the 1976 $20,000 "Human Services" budget is to be spent. We will conduct a public hearing on November 17th to hear from Edina Youth,Action, the Colony and other organizations in youth and family counseling in Edina. Additional hearings will be conducted after January 1 to encourage all human services activities in Edina. An analysis and report of these investigations will be made to the Council during the first half of 1976.. If this strategy differs from the City's intent and wishes please let me know. J CJ : sma cc: Mr. Charles Clay Mary And rson a Si a y, oel C. Jennings irma Edina Human Relations Commission UPPER MIDWEST DIVISION ADVERTISING DISTRIBUTORS OF AMERICA, INC. New York • Chicago • Cincinnati • Philadelphia • Detroit • Minneapolis • Atlanta • Baltimore Mr. Bechtle, Due to unforeseen school commitments, I will be unable to fulfill my duties as student member on the Edina Bicentennial Commission. I have appreiciated and enjoyed my experiences up to this point, and wish to thank you for the-oppor- tunity to serve. Paul Carter, I feel, would be an excellent asset to the Commission and he has my support. Again, thanks for the good times. Sincerely, O P T I O N THIS AGREEMENT, Made and entered into this day of , 19 , by and between H. CLIFTON 1,n1ITEMAN and SHIRLEY WHITEi4AN, husband and wife,. hereinafter called " Optionor" (whether one or more), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota, hereinafter called "Optionee "; WITNESSETH, That, in consideration of the sum of Two hundred and no /100 Dollars ($200), in hand paid by Optionee to Optionor, the receipt and sufficiency of which is hereby acknowledged by Optionor, it is agreed as follows: 1. Option. Optionor hereby grants to Optionee the exclusive right and option, to be exercised on or before December 10, 1975- (herein- after called the 'Option Date ") , to purchase that certain tract or parcel of land (hereinafter called "Optioned Premises ") situate in the City of Edina, Hennepin County, Minnesota, described on Exhibit A attached hereto and hereby made a part hereof, and as the same is to be more accurately described pursuant to survey or plat as provided in Exhibit A and paragraph 8(f) hereof. 2. Purchase Price. If this option is exercised and the purchase consummated as herein :rovI.a °' the ntirrl- non „r; nc to I. ­4A a U. n s to Optionor for the Optioned Premises shall be One hundred thousand dollars ($100,000) and shall be payable as follows: (a) Two hundred dollars ($200), the payment made for this option, the receipt of which is hereby acknowledged; and (b) Nine thousand eight hundred dollars ($9,800) (herein- after called the "Option Exercise Payment "), in cash or by certified or cashier's check, on the date of exer- cise of this option; and (c) The balance of said purchase price, in cash, on the date of closing. 3. Exercise of Option. The option herein granted shall be deemed fully exercised if written notice of election to purchase is given by Optionee to Optionor by depositing said notice in the United States mail, registered or certified, addressed to Optionor, with postage prepaid, on or before midnight of the Option Date. Said notice shall be accompanied by the Option Exercise Payment. 4. Date of Closing. The notice of election to purchase herein- above described shall set a date for, the closing of the sale herein contem- plated, which date shall be on a business day, and which date shall be not less than ten (10) nor more than twenty (20) days from and after the Option Date, provided, however, if title objections are made pursuant to paragraph 6, and Optionor requires more than the period to the date of closing stated in said notice to correct them, the date of closing shall then be postponed and shall be within ten (10) days after said title objections are corrected or Optionee exercises election' (ii) as set out in paragraph 6, as the case may be. The closing shall take place.at 10:00.o'clock a.m., at the City Hall, City of Edina, 4801 West 50th Street, Edina, Minnesota. 5. Optionor's Obligation on Date of Closing. Optionor, on the date of closing, shall execute and deliver to the Optionee a warranty deed conveying marketable title to the Optioned Premises, subject only to: (a) Building and zoning laws, ordinances, state and federal regulations. (b) Reservation of any minerals,or mineral rights to State of Minnesota. (c) Utility easements and public road easements that do not interfere, in the Optionee's sole opinion, with the pro- posed use or development of the Optioned Premises by the Optionee: 6. Title Examination. In the event Optionee elects to purchase the Optioned Premises as herein provided, the Optionor shall, as soon as rea.sonabl„ rc`ss;bi? . -fter- the - givingY'._o'f.s „.ch noti :re of election, del v-r to Optionee, at the address hereinafter provided, complete abstracts of title covering said Optioned.Premises, certified to a then current date, or a registered property abstract, both with the usual searches attached, showing marketable title. Optionee shall have twenty (20) days from and after the receipt thereof in which to examine title and notify the Optionor in writing of any objections thereto. If any objections are made, the Optionor shall be allowed one hundred twenty (120) days to correct such objections and make title marketable. If said title is not marketable, and is not made..so within said 120 -day period, then Optionee shall have the election to (i) declare . this agreement terminated, whereupon all money paid hereunder by Optionee to Optionor shall.be immediately refunded, and thereafter neither party hereto shall have any further obligation hereunder to the other; or (ii) to accept such title in its then condition and consummate this transaction, except that at closing, so much of the purchase price as may be necessary, in the reasonable opinion of both Optionor and Optionee, to correct such objections, including reasonable attorneys' fees, shall be placed in escrow with an agent reasonably acceptable to Optionor and Optionee, to be applied toward the cost of correcting such objections, which shall then be undertaken.by Optionee. Said escrowed funds shall be paid out on the written request of Optionee made from time to time to the escrow agent. Any payment made from said escrowed funds toward the cost of correcting such objections shall be considered a payment on the purchase price. Optionor shall have no obligation to pay any additional sums in. escrow to pay the cost of correcting such objections, even if said escrowed funds are not sufficient to pay, in full, all costs of correcting such objections. Any excess of the su.3 withheld by Optionee over the payments made in connection with the correction of such objections shall be paid over to Optionor, without interest, -2- once such objections are corrected of record. But if the title to said property be found marketable, or be made so within said time, and said Optionee shall default in any of the agreements and continue in default for a period of ten (10) days, then and in that case the Optionor may terminate this agreement, and on such termination, all payments made upon this agreement shall be retained by said Optionee as liquidated damages, time being of the essence hereof. The right to terminate and the retention of moneys paid hereunder shall be the sole and exclusive remedy of Optionor in the event of default by Optionee in any of its agreements herein. 7. Taxes and Assessments. In the event this option is exercised by the Optionee and the purchase is consummated as herein provided, Optionor, on or before the date of closing, shall pay in full all real estate taxes payable in 1975 and in all prior years, with penalties and interest, if any; Optionor also shall pay, on date of closing, all installments of special assessments which are payable with the real estate taxes to be paid by Optionor pursuant hereto. Optionee shall pay all of the real estate taxes payable in 1976 and subsequent years and all installments of special assessments payable there- with. Optionor and Optionee understand and agree (which agreement shall sur- vive the date of closing) that the special assessments now levied against the whole of the property outlined in red and green on the map attached to said Exhibit A and remaining unpaid after payment of the installments thereof to,be paid by Optionor pursuant hereto, will be allocated by Optionee, beginning with the installments payable in 1976, between the Optioned Premises and the area outlined in green, on the same basis (e.g., acreage, road frontage, square feet) as such assessments were originally determined and levied. 8. Special Agreements. (a) Entrance upon Optioned Premises During Term of Option. Optionee shall have the right during the term of this option and agreement to enter upon the Optioned Premises for test borings; surveys, studies, or for any other purpose in connection with ascertaining the suitability of the Optioned Premises for Optionee's purposes, provided that any such entry does not unreasonably interfere with Optioner's use of the Optioned Premises. Optionee shall hold Optionor harmless from any and all liability or damages that Optionor may sustain by reason of any entry upon said Optioned Premises by Optionee or its agents. (b) Retention of Option Payments. Except as otherwise pro- vided herein, if Optionee does not exercise this option within the option period as the same may be extended, then Optionee will not be entitled to refund of the moneys paid for this option, and such moneys may be retained by Optionor. (c) Commission Claim. The parties hereto warrant that neither has incurred any real estate brokerage fees, finders' fees, loan brokerage fees, or any other fees to any third party in connection with the purchase and sale covered by this option. In the event any third party institutes legal action in an effort to recover any such fees, the parties jointly shall defend such action. If a judgment is obtained against the parties jointly, -3- the party responsible for breach of this warranty shall reimburse the other for the latter's attorneys' fees, court costs, and share of the judgment. This agreement shall survive the date of closing. (d) Use of Premises. Optionee acknowledges that its present intention is to use the Optioned Premises exclusively for public park pur- poses, but if not for public park purposes, then exclusively for public purposes. Optionee further acknowledges that, based on independent appraisal, the Optioned Premises have a present fair market value of at least $150,000, and that the Optionor has made a donation to Optionee of the difference between the purchase price and said fair market value, said difference being $50,000. (e) Optionee's Payments for Road, Water, and Sewer Costs. It is understood that Optionor is contemplating the platting of the Optioned Premises, and the platting, with the Optioned Premises, and subsequent development of the tract of land outlined in green on the map attached to said Exhibit A (the "Platted Area "); therefore, Optionor and Optionee agree (which agreement shall survive the date of closing) that if Optionor obtains final approval of a plat for the Optioned Premises and Platted Area by May 11 1976, and if Optionee requires, in connection with such final approval and as a part of the Developer's Agreement .required by Optionee in connection with such final approval: (i) That the road adjacent to and north of the Optioned Prem- ises and shown on the map attached to said Exhibit A be :Lm roved by Ontion.or with a hard surface,.curbs, and gutter,,,_ then Optionee agrees to pay one -half of the cost of so im- proving.said road, but not, in any event, more than Ten thousand dollars ($10,000). (ii) That a storm sewer system or an east /west water main extension along said road adjacent to-and north of the Optioned Premises be installed by Optionor to serve the Platted Area and.the Optioned Premises, then Optionee agrees (1) to pay a portion of the cost of installing such storm sewer system, which portion. shall be.determined by Optionee using -the same method that Optionee would use to determine the amount of any special assessment (including any assessment for special benefit) that would be made against -the Optioned Premises if the said storm sewer system were a public improvement to be paid for by special assess - ment and (2) to pay twenty percent (20 %) of the cost of installing such water main extension. (iii) That extensions of the sanitary sewer system (other than connections) be made to service the Optioned Premises, then the costs thereof shall be borne by Optionee. (iv) Optionor agrees to construct, or have constructed, all of the orojects at (i), (ii), and (iii) above, pursuant to.the Developer's Agreement, and Optionee's share of.the projects at (i), (ii), and (iii) above shall be paid to Optionor, without interest,if a Plan A improvement under the -4- Developer's Agreement, once the bond given therefor is released by Optionee, or if a Plan B improvement under the Developer's Agreement, once the.special assessment therefor is fully paid by Optionor. (f) Platting. Optionor may obtain approval of a plat for the Optioned Premises and the Platted area and file the same. If so approved and filed prior to the date of closing, the legal description to be used in the war- ranty deed to be delivered on date of - closing shall describe the Optioned Premises by reference to said plat. Optionee agrees that the parkland dedication, or cash in lieu thereof, to be dedicated and donated by Optionor in connection with such platting, shall be computed with reference to the Platted Area only, and such computation shall not include the Optioned Premises. 9. Notices. Wherever in this option it shall be required or per- mitted that notice or demand be given or.served by either party to this option to or on the other, such notice or demand shall be given or served, and shall not be deemed to have been duly given or served, unless in writing and for- warded by registered or certified mail, postage prepaid, addressed as follows: To Optionor at: 5201 South Blake Road Edina, Minnesota 55436. To Optionee at: City Hall 4801 West 50th Street Edina, Minnesota 55424 Attention: -Mr. J. N. Dalen. Such addresses may be changed from time to time by either party by serving notices as above provided. 10. Successors and Assigns. The terms, conditions, and covenants hereof shall extend to, be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the Optionor. Reference herein to Optionor shall include each.and all of the persons so designated, and they shall have joint and several liability hereunder. The rights of Optionee hereunder are not assignable. 11. Acceptance by Optionee. If this Option be first signed by Optionor, then this Option shall be outstanding, and may not be revoked or terminated, for a period of fifteen.(15) days from.the date signed by Optionor, and Optionee may accept this Option by signing the same within said 15 -day period. IN k'ITNESS WHEREOF, O.ptionor and Optionee have caused these presents to be duly executed, all as of the day and year first above written. OPTIONOR: H. Clifton Whiteman Shirley Whiteman, husband and wife -5- OPTIONEE: CITY OF EDINA by and STATE OF MI`NESOTA ) SS. COUNTY OF HELL PIN ) Its Mayor Its Manager The foregoing instrument was acknowledged before me this day of , 1975, by H. CLIFTON WHITEMAN and SHIRLEY WHITEMAN, husband and wife. (SEAL) STATE OF MI.QNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1975, by JAIIIES VAN VALKENBURG, Mayor, and 14ARREN C. HYDE, Manager, of the City of Edina, on behalf of said City. (SEAL) -6- EXHIBIT A (To Option between H. Clifton Whiteman and Shirley [,'hiteman, husband and wife, Optionor, and City of Edina, Optionee) All that part of the North Half of the Southwest Quarter of the Southwest Quarter of Section 29, Township 117, Range 21, Hennepin County, Minnesota, shown outlined in red on the map attached hereto and hereby made a part hereof. The exact legal description of said red- outlined area shall be determined by a survey to be prepared by Optionee, at Optionee's expense, as soon as possible after exercise by Optionee of the Option to which this Exhibit A is attached, or by reference to a plat thereof if platted of record on date of closing, as such date is determined by the Option to which this Exhibit A is attached. R November 6, 1975 Mayor James Van Valkenberg and Members of the City Council Village of Edina Edina, Minnesota 55435 The Council: The Edina Housing and Redevelopment Agency has instructed me to write you concerning the status of the 50th and France redevelopment plan and specifically, the importance of the HRA promptly knowing the exact location of the new Edina Licquor Store. As you know, we are successfully moving to a conclusion of this year's building program. We expect to have the lower level of the North Side Ramp open November 17th, with full completion scheduled for December 1st. The undergrounding of the utilities will also be finished in December for this portion of the project. Urban design (landscaping, lighting, 1. 1 1 i iu.c..� � ����wements will ,J a.0 �trev.L anu begin early in 1976 with completion of the North Side in total expected by late summer. Private development north of 50th is actually ahead of schedule. We are happy to report that the Lund Building is nearing completion; Peterson Appliances is renovating; Frederick Herfurth is expanding; and many of the stores are redoing their signage and improving their property in general. The South Side of the Project has commenced with the successful relocation of the Union Oil tennants. In addition, negotiations are currently under way for the acquisition of the Union Oil property. Next month our schedule calls for the employment of a ramp specialist to design the South Ramp addition. Since private development in this sector is closely tied to the ramp (the professional building will adjoin the ramp with pedestrian access from the ramp on a floor by floor basis; the Red Barn property hopefully will be converted into a restaurant or retail building with access again directly from the ramp) it is necessary to have the location of the Licquor Store pinpointed shortly. The Licquor Store's loading area and importance as an activity center make it necessary to have its location known during the design stage of the ramp. Edina City Council page two More importantly, since the pay back of the tax increment bonds (without dipping into the general funds).depends upon the Increase in property values caused by new 'development, it is of the utmost importance that we do everything in our power to facilitate and encourage private development. One key to sustaining development at this point in time would be-the timely. relocation of the Edina Licquor Store within the .project. We are confident that you will give this point your utmost consideration in order that we can maintain; the positive momentum we now enjoy and need to successfully complete.this tax increment project. Mr. Frederick Richards has assured me he will answer any specific questions you might have, however,_ please feel free to call on me or our staff "or consuitaris IF you need furthe -- assistance. _ Sincerely, Charles W. Freeburg, Chairman Edina Housing and Redevelopment Authority. October 20, 1975 MEMO TO: Mayor City Council FROM: Greg Luce Planning Department On September 23, 1975 at a special H.R.A. meeting (minutes attached) the H.R.A. requested me to inform the City Council that they would prefer a liquor store located in the S.W. corner of 'the-proposed new Edina /Dr./ Lund building. The H.R.A. also requested that a final decision be made as rapidly as possible so that they may proceed with their planning. On the October 14, 1975 meeting the H.R.A. asked for a response to these requests as soon as possible. I; therefore,, on .behalf of the H.R.A., ask that you make your final location decision as soon as possible and that preferably it be located in the S.W. corner of the Edina /Dr. /Lund building. -B. Financial Matters. 1. Sale of Bonds/Financial Report. , Mr. Jerry Dalen, the Finance Director, stated the City Council at their last meeting approved the sale of $2,200,000 of H.R.A. bonds. He proposed to sell the bonds on November 3rd, have them printed by November 25th, and have the money by December 1st. Mr_ Dalen explained that two rules apply in regard to paying back -_-the bonds; first, the bonds must begin maturing within three years, and second, the smallest maturity cannot be less than one -fifth the amount of the largest maturity. He explained the projected tax increment matches the maturity schedule ' except during the first five years; therefore, the city may have to subsidize the B.R.A. during those years because their initial increment will not_come back fast enough. He noted the bonds will start maturing in 1978 and will be retired in 1993. Brief discussion followed. In reply to Mr. Freeburg, Mr. Dalen indicated that a call feature to pay off the bonds before their scheduled retirement would be too expensive because of a prepayment penalty. He noted that any earnings from the bonds will stay in the increment and will be used to pay off the project cost. No action was taken. 2. Progress Report - Liauor Store Location. - Mr. Dalen stated that because negotiations with Lunds for liquor store space in the Hager building were unsuccessful, the liquor store will be located on the south side of 50th Street in the building to be built cooperatively by Lunds, Dr: Allen K. Larsen, and the City of Edina. He noted that although he and Mr. Luce zees. uie liquor s�cae should be located in the southwest corner of that building adjacent to the parking ramp, Mr. Hyde (the City Manager) and Mr. Robert Snyder (the liquor store manager) want the store in the northwest corner near 50th Street because they feel loading and unloading to the rear space would be less efficient and more expensive. Mr. Dalen added that in any event the building would be a condominium building; the City of Edina would own 4,000 -4,500 square feet of space in the basement and on the first floor, and Lunds and Dr. Larsen would own the remainder of the building, with Dr. Larsen receiving air rights over the first floor for the second floor. Lengthy discussion followed regarding the advantages or disadvantages of the front and rear locations, including the possible loading and unloading arrangements - Mr. Dalen indicated the loading and unloading system to the rear space would be by conveyor belt through the parking rang, and Mr. Art Dickey (the architect) has . been asked to locate several examples in the Twin Cities area where this type 0: system is operating successfully. Mr. Luce noted that loadin g and unloading for the front space would be prohibited from 50th Street and would therefore be forced to occur from the parking lot across the pedestrianway. Mr. Richards suggested the H.R.A. communicate a preference to the City Council in that the final decision regarding the liquor store location will be made by them. Mr. Greer made a motion to inform the City Council the H.R.A. would prefer that liquor store be located in the southwest corner (rear) of the new building C built cooperatively by the City of Edina, Dr. Allen K. Larsen, and Lunds on the south side of W. 50th Street. Mr. Richards seconded the motion, and upon roll call the following voted: `J Ayes: Mr. Richards, Mr. Freeburg, Mr. Greer. Nays : None. , ____• MAIN c November 14, 1975 TO: Mayor and City Council FROM: Finance Director SUBJECT: Grandview Liquor Store We have an offer from Home Federal Savings to purchase our present Grandview liquor store site.for $210,000. (See attached letter for details). Our investment in the site is as follows: Building .(Including addition and sprinkler system) $1639230 Depreciation taken 19,3221. $143,909 Land improvements. $ 69875 Depreciation taken 652 6,223 Fixtures, equipment and furniture $ 59,214 Depreciation taken 18,895 40,319 (A) $190,451 Land 30,000 $220,451 Note A - Much of this cost can be salvaged, if we should move. The cost of the new store would be as follows: yauau — klwv lots to ve pa chased Irow Jerry Paulson) 19,200 feet at $4.00 $ 761800 Building (10,000 square feet at $23.25 per foot).. 232,500 Cost of moving and fixtures 40,700 $350,000 Sale of present site 210,000 NET COST $140,000 Approximate number of square feet: New store 109000 Present 6,300 INCREASE 3,700 Percent of increase about 60% IEGHJN FEDERAL SAVINGS MAIN OFFICE - IDS CENTER, 730 MARQUETTE AVENUE, MINNEAPOLIS, MINNESOTA 55402 - (612) 370 -8000 October 15, 1975 Mr. Warren Hyde, City Manager City of Edina City Hall 4801 West 50th Street Edina, Minnesota 55424 Re: 5013 Vernon Avenue South, Edina, Minnesota. Dear Mr. Hyde: This will confirm and act as a Letter of Intent concerning the willingness of this Association to enter into a standard form purchase agreement covering the above premises on the following terms: 1. Cash purchase price of $210,000 for building and land at the above address. This would include the land easterly of a north and south ::•������ ^� ��^ _= ^rly party line of the building. 2. Included would be access to loading dock at rear of premises and adequate space at the east wall end of the building for drive in facilities for the Association as well as access to public street from the premises. 3. The transaction could be closed by November 30, 1975, providing title examination shows clear title and there is authority to proceed from the City Council. 4. We would be willing to enter into a rental agreement to continue the present liquor store use until October 1, 1976. Rental would be based on a monthly pro- ration of an annual rate of 10% of the purchase price, net of charges for real estate taxes (if any) and property insurance (to be provided by tenant during rental period). 5. The purchase price would be net to the City, free of any sale commission. 6. The foregoing assumes that the City would proceed with reasonable diligence to construct or acquire other premises for its use as a liquor store location so that the above property involved would be available by approximately October 1, 1976, subject to unforseen delays from strikes, lock -outs, etc. Mr. Warren Hyde, City Manager City of Edina October 15, 1975 Page 2 of 2 Our people certainly appreciated discussing our interest in this property with Mr. Dalen and yourself. Since our Board of Directors has approved our proceeding on the terms outlined above, we hope to hear from you soon on this. Please let me know if you need anything further. RCC:kk Yours very truly, f4� Richard C. Cross President November 17, 1975 TO: Warren C. Hyde, City Manager FROM: Robert C. Dunn, Director of Public Works & City Engineer SUBJECT: Improvement Feasibility Report (1975 -10) The following improvements have been investigated and it has been determined that they are feasible and their construction would be.in the best interests and toward the orderly development of the City of Edina: IMPROVEMENT AND LOCATION PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER ORNAMENTAL STREET LIGHTING Xerxes Avenue from W. 66th Street to Washburn Circle SANITARY SEWER WATERMAIN To serve undeveloped property in Southwest Quadrant of 66th Street and TH 100 ESTIMATED COST $116,271.08 $ 19,085.90 $ 49,674.35 $ 43,167.49 I hereby recommend that upon acceptance of this report by the City Council on November 17, 1975, that Public Hearings on these improvements be scheduled for December 15, 1975. Respectfully submitted, f9 4 Robert C. Dunn, P.E. Director of.Public Works and City Engineer RCD:jvn cc: Mayor and City Council MEM0RA.:NDUM November 13, 1975 MEMO TO: Mayor Van Valkenburg City Council Members FROM: Ken Rosland, Director Park and Recreation Department SUBJECT: Bid Approval for Golf Course Pump Repair At this time a bid has been received on the repairs needed on the Layne Irrigation pump at the Braemar Golf Course. Layne Minnesota Ccmpanv is the only company able to do the repair +•pork on the pump. They have submitted a bid to complete all repairs for $1,518.00 during the winter months and install the pump spring of 1976. Recommend to award bid to:Layne Minnesota Company for $1,518.00. CO`AU:RICAL AREA PATROL - INCIDENT STATISTICS October 1, 1975 - October 31, 1975 Cr DATE TIME INCIDENT LOCATION DISP. 75009714 10/1/75 0826 Theft from Auto 6800 France CONT 75009724 10/1/75 1643 PD Accident Crosstown & France A &A 75009726 10/1/75 1659 PD Accident 69th and York 0TH 75009728 10/1/75 1808 Shoplifting Target CBA 75009743 10/2/75 1125 Theft -. 7100 France CONT 75009744 10/2/75 1247 Medical Emergency 7000 York A &A 75009747 10/2/75 14o0 Car Fire 68th and France A &A 75009749 10/2/75 1648 Shoplifting Bjorkmans CBA 75009753 10/2/75 2041 Theft Walgreens CONT 75009755 10/2/75 2112 Till Tap Penney's CONT 75009756 10/2/75 2116 Medical Emergency Daytons A &A 75009760 10/3/75 0120 Alarm Buchkosky Jewelers A &A 75009762 10/3/75 0219 Alarm Penney's A &A 75009763 10/3/75 0648 Alarm County Seat A &A 75009775 10/3/75 0654 PI Accident 66th and France 0TH 75009776 10/3/75 1703 Warrant 66th and France CBA 75009779 10/3/75 1824 Shoplifting Daytons CBA 75009781 10/3/75 1904 Damage to Property 7151 York,Pkg. Lot CONT 75009782 10/3/75 1938 H &R PD Accident Raccoon Lot A &A 75009788 10/4/75 0035 Alarm Donaldson Car Care A &A 75009793 lo/4/ -75 0244 Check DWI Byerly's - GOA /UTL 75009799 10/4/75 1113 medical Emergency. YMCA A &A 75oo98ol 10/4/75 1200 Simple Assault Target EC, 75009810 10/4/75 1430 Medical Assistance 69th and France A &A 75009809 10/4/75 1426 PD Accident 69th and France 0TH 75009813 10/4/75 1445 PI Accident 70th and France INA, 75009826 10/4/75 2140 Open Window France & Hazelton A &A', 75009832 10/4/75 2331 Open Door 7200 France A &A 75009834 10/5/75 0026 Open Door /Alarm Krapu's A &A 75009838 10/5/75 0203 Theft from Auto Byerly's CONT 75009843 10/5/75 0534 open Door Galleria A &A 75009857 10/5/75 1438 Theft from Auto 7151 York CONT 75009859 10/5/75 1646 Medical Emergency 66th and France A &A 750o9866 10/5/75 1901 Al arm Wickes A &A 75009873 10/5/75 2124 Susp. Character Garden Shop A &A 75009879 10/6/75 0031 Welfare Check /Reset Alarm YMCA A &A 75oo9818 10/6/75 0131 A L- Richfield Runaway Southdale Bowl GOA /UTL 7500988!, 10/6/75 0710 Alarm County Seat A &A 75009886 10/6/75 0919 Damage to Property 6821 York CONT 75009895 10/6/75 1424 PD Accident 68th and France 0TH 75009898 10/6/75 1604 Car Fire Giraffe Lot A &A 75009902 10/6/75 1515 Theft Dayton- Employee Lot CONT 75009922 10/7/75 1940 Lost Property 6823 York A &A 75009934 10/7/75 2i45 Shoplifting Donaldsons CBA 75009953 10/8/75 1442 PD Accident Kangaroo Lot A &A 75009955 10/8/75 1507 Assist other Dept. Goose Lot A &A 75009983 10/9/75 1507 Soplifting Target CBA 75009990 10/9/75 1752 A'zrm Dorothy Collins A &A 75009999 10/9/75 2000 Susp. Person Fairview Southdale GOA /UTL er ^i='1 Area Patrol - Page 2 I^Ci ent Statistics --31, 1975 5 - LATE TIiE INCIDENT LOCATION 7- - r3 j v _ 10/9/75 2108 Shopliing Target 7= ;1 G11 10/10/75 0953 Theft 7350 York ?7 10/10/75 1439 Found Property Yorktown Area 75125 10/10/75 2026 P &C /Tampering with Auto YMCA 7=a01� = =t26 10/10/75 2108 Alarm Scandival Imports 7j01 .JJ31 10/10/75 2240 Kids Disturbing Zapata's 7;01CL36 '_0/11/75 0040 P &C Southdale Bowl 75010-052 10/11/75 1059 PI Accident 66th and Xerxes 7�;1�57 10/11/75 1452 PD Accident 71st and France 7CCoI 10/11/75 1602 Susp. Person Turtle Lot 10/11/75 1618 Accident 66th and York 75010.165 10/11/75 1940 Check for Runaways Southdale Bowl 750 =0, j76 10/11/75 1545 Shoplifting Daytons 7510/0101 10/12/75 1628 Disorderly Conduct /Poss. Daytons Stolen Property 750101GO' 10/12/75 1805 PD Accident 66th and France 7=n+" 10 7 10/12/75 1833 Alarm Red Owl 7;0 -0103 10/12/75 1912 Open Door Key Cadillac 750/0/17 10/13/75 0207 Possible Car Prowl Key Cadillac 7=10123 10/13/75 0828 Theft Donaldson's Employee Lot - ZOID12= 10/13/75 0958 Auto Theft Key Cadillac 75� =01?0 10/13/75 2203 Theft from Auto Gopher Lot 10/14/75 0141 Alarm Daytons 10/14/75 0813 Recovered Vehicle Key Cadillac 56 10/14/75 1450 Damage to Auto 7151 York 7;01162 10/14/75 1944 Shoplifting Daytons 7510 1.172 10/14/75 0456 Alarm 7000 York 7j0= L - -?77 10/15/75 0917 PD Accident 66th and France ?5 ^� =0182 10/15/75 1246 H &R Accident 6600 France- Pkg.Lot 75�1?183 10/15/75 1337 Damage to Auto Camel Lot 75010_8? 10/15/75 1355 PD Accident Rooster-Lot 7501 1-;; =92 10/15/75 1840 Indecent Exposure Southdale Bus Stop 750 {%103 10/15/75 1925 Shoplifting Donaldsons 7- 010 -95 10/15/75 1952 Shoplifting Daytons 75O1v?C0 10/15/75 2346 H &R PD Accident Southdale Bowl 7=0 =C %10 10/16/75 1030 Medical Emergency 7151 York 75010213 10/16/75 1428 Poss. Stolen Property Cinema I &II &III 70 -o-16 10/16/75 1551 Theft from Auto Fox Lot 7;0- 10 °-23 10/16/75 1913 Bomb Threat Cen Com 75C_C%226 10/16/75 2022 Terroristic Threats Goose Lot 75c1 -38 10/16/75 2325 Fire Alarm Red Owl 7z- log ;45 10/16/75 2359 Alarm SKI of Minnesota 1 10/17/75 1154 PD Accident 69th and Xerxes 75:0102 3 10/17/75 1252 Grass Fire 69th and France ;_ _ 7 =68 10/1(/75 1624 Shoplifting Daytons 1`, %70 10/17/75 1712 Auto Theft Turtle Lot 7 =_a6 10/17/75 2050 Shoplifting Donaldson's 10/17/75 2135 Damage to Property York Theatre 10/17/75 2213 P &C PdcDonalds 10/17/75 2225 Safe Ala.= Byerly's 10118/75 0105 Reckless Vehicle Byerly's- Pgk.Lot 75x.1 3 -? 10/18/75 1559 PI Accident 69th and France 7501032/ 10/18/75 1617 Motorcycle Theft Rabbit Lot Ccr_--nercial Area Patrol - _n`iyent Statistics C__- tober 1 -31, 1975 Page 3 C= T)A TIP•^F Irrr.TnrNT LOCATION DISP. 7;0103 %3 10/18/75 1722 Car Fire Camel Lot A &A ;5010330 10/18/75 1959 P &C 69th.and France CBA 1 510339 10/19/75 0020. Curfew Southdale Bowl A &A 7;01,.35' 10/19/75 1344 P.I Accident 70th and France 0TH 75010356 10/19/75 1600 Shoplifting.. Donaldson's CBA 7501036 10/19/75 2001 Solicitors Southdale Cinema GOA /UTL 7;010365 10/19/75 2043 Recovered Stolen Auto Giraffe Lot A &A 7501395 10/20/75 1953 Customer Dispute Goodman Jewelers A &A 7510010396 10/20/75 1903 Shoplifting ROZ- Southdale CBA 750 =0390 10/20/75 2040 Theft YMCA CONT 75010400 10/20/75 2136 Shoplifting Donaldson's CBA 75010 =02 10/20/75 2200 Theft from Auto Southdale Bowl CONT 750 -1 1L 10/21/75 1758 PD Accident Southdale Cab Stand A &A 750/0416 10/21/75 1815 Trespass Penney's A &A. 7501017 10/21/75 1821 Car Fire 66th and York A &A 75010 =25 10/21/75 2107 Alarm Theodores Clothing A. &A .. 750/0427 10/21/75 2309 Vehicle Lock Out 66th & Xerxes - Perkins A &A 75010433 10/22/75 0533 Alarm Daytons 0TH 75010432 10/22/75 0733 Alarm J.B.Hudson A &A 7501OL34 10/22/75 0756 Burglary Fas Gas CONT 750/0440 10/22/75 1134 Shoplifting Daytons CBA 7501CLL1 10/22/75 1210 Shoplifting 6801 York CBA 75010443 10/22/75 13+7 Shoplifting Daytons CBA ,75010444 10/22/75 1355 Theft from Auto Fox Lot CONT 75010445 10/22/75 1512 Assist Richfield PD Southdale Square GOA /UTL 75010446 10/22/75 1601 Susp. Person Northwest Book Store A &A 75010448 10/22/75 .1629 Forgery The Limited CONT 75010449 10/22/75 1629 Theft from Auto Fox Lot CONT 750/04,50 10/22/75 1740 Theft from Auto Cinema I &II &III CONT 75010 -52 10/22/75 1745 Poss.Marijuana /P &C Tiger Lot CBA, 7501057 10/22/75 2145 Alarm Gabberts A &A 750,0`53 10/22/75 2322 Check DK Byerly's GOA /UTL 750104159 10/22/75 2324 Simple Assault Zapata's EC 750 -0477 10/23/75 132.5 Theft Fox Lot CONT 7501^473 10/23/75 1350 Theft Gabberts CONT 75010483 10/23/75 1705 PD Accident Gabberts 0TH 7501%''93 10/23/75 2055 Shoplifting Daytons CBA 7501CL98 10/24/75 0912 H &R Acc. /Vehicle Listing McDonald's Lot A &A 750104,99 10/24/75 0957 Alarm 7101 France I A &A 75010500 10/24/75 0929 Armed Robbery /Auto Theft Nelson's Restaurant CONT 75010502 10/24/75 1034 Rec.Stolen Auto Byerly's A &A 75010504 10/24/75 1143 Da-nage to Property Southdale CONT ';5010506 10/24/75 1502 Alarm Jones Office Machines UNF 75010507 10/24/75 1458 Shoplifting Daytons CBA 75019512 10/24/75 1749 Auto Theft Donaldsons Overflow Lot CONT 7501052/ 10121+/75 2047- Auto Theft Rooster Lot CONT 75010526 10/24/75 2323 H &R PD Accident McDonaids CONT 75-010529 10/25/75 0050 H &R PD Accident Southdale Bowl Lot UNF 7501,3533 10/25/75 0253 Susp. Circumstances Dayton Garden Shop A &A 750/0531 10/25/75 0332 Susp. Circumstances Key Cadillac A &A 7501, 548 10/251/75 0958 Medical Emero;ency Donaldsons A &A 7501055; 10/25/75 1344 Vehicle Lock Out Penney's Auto Center A&A Commerical Area Patrol - Inci 'dent Statistics October 1 -31, 1975 DATE 10/25/75 1431 10/25/75 1450 10/25/75 1530 10/25/75 1552 10/25/75 1613 10/25/75 1701 10/25/75 1734 10/25/75 1819 10/26/75 0833 10/26/75 1234 10/26/75 1554 10/26/75 174o 10/27/75 0223 10/27/75 0540 10/27/75 1017 10/27/75. 1140 10/27/75 1551 10/27/75 1934 10/27/75 2200 10/27/75 2249 10/28/75 2206 10/28/75 2215 10/28/75 2243 10/29/75 0140 10/29/75 0153 10/29/75 0915 10/29/75 0944 10/29/75 1151 10/29/75 1520 10/29/75 1626 10/29/75 2230 10/29/75 2349 10/30/75 0003 10/30/75 0652 10/30/75 0932 10/30/75 1723 10/30/75 1849 10/30/75 1937 10/30/75 2047 10/30/75 2109 10/31/75 0339 10/31/75 1110. 10/31/75 133"' 10/31/75 1703 10/31/75 2033 10/31/75 20413 D -I'' i T? ON OF DISVOST=Ojtj CODITIGS : R0. -`_ Referred to Other Agency A_3 Assisted and dVised C0 ?;^ Continued EC Fxcep-,ional Clearance I`ICIDEITT Susp. Circumstances PI Accident Shoplifting Shoplifting Shoplifting /Poss..Marij. Simple Assault Shoplifting /Resisting Arrest Shoplifting Alarm Theft . Theft Shoplifting Alarm /Burglary /DAS Recovered Stolen Auto Lost Wallet PD Accident Shoplifting Theft Shoplifting Alarm `ineft from Auto Alarm Theft from Auto Alarm Alarm arm Susp. Male. Theft PI Accident Found Property Alarm Shoplifting Alarm . Susp. Car Alarm 11!edical Emergency H?cR PD Accident ^'hell ;Shoplifting Theft from Auto Susp. Vehicle Reckless Veh..& Noise Vehicle Lock Out Vehicle Lock Out Vehicle Lock Out Medical Emergency :gold Up Alarm GOA /UTL OF 0TH CBA Page 4 LOCATION I I DISP. Donaldsons GOA /UTL 68th and France 0TH Mary Adams CBA Daytons CBA Donaldsons CBA Thayer- McNeil Shoes CONT Penney's CBA Donaldsons Henn. Cty.Library Brown Photo Daytons . Daytons Southdale Ford Henn. Cty. Library -lot Southdale Happy Chef Daytons Target Daytons Penney's Southdale Bowl Penney's KMSP TV Byerly's Donaldsons Donaldson Lane Kangaroo Lot 66th and France Henn. Cty. Library Target Target . Diperna Jewelers Red Owl - Pkg. Lot 3650 Hazelton Henn. Cty Library Rooster Lot Southdale Center Donaldsons Owl Lot Key Cadillac. Target Lot Camel Lot 7001 York. Penney's Overflow Lot Southdale Cinema Goodman Jewelers Gone on Arrival /Unable to Locate Unfounded Other Cleared.by Arrest CBA A &A CONT CONT CBA CBA A &A A &A A &A CBA CONT CBA A &A CONT A &A CONT A &A A &A GOA /UTL CONT A &A OTH, A &A CBA A &A A &A A &A A &A A &A CBA CBA CBA GOA /UTL A&A 0TH A &A A &A A &A A &A . t ne.M0`RW1MGS1bE MESSENGER MORNINGSIDE, COMqUNITY ASSOCIATION OF EDINA NOTES FROM YOUR PRESIDENT The first annual election of new officers for the Association will. be held next Thtirsday, November 13, at the regular meeting. This is an importa--rit occ&sssion as it is the opportunity for residents to express their views and submit their ballots for leadership of the next year of Association affairs. WU1--) we are a young orginization, we have encountered a broad level of interest and growing attendance at meetings by residents of the neighborhood. Wb hava beep called upon to ssmra as a counauni- cations linlk with city gnvernmnt on the streets improvement projact; have worked toward better maintenance anei safety. in our open space and park_areas; and have been a focal point for aialogue on the lib,-i-ary closing, issue -- all important matter-- critical -to prpser-�ring the health and strength of the community. aat so far, only a handful of people have steppod forward to do the -work. As the new President takes office and ,Clc-as about appointing comi-rdttees, I hopra tl-i,,-%t narAy more volurt-eers t,,Tija come forward to help in the job of improving our noighborhood. 19?5 has baen a year of organization and challenge I teLsh the mw officers well as they proceed to plan another year of activitisa. Lon Ferne)-iUs FUTITREIP OF THE LERRARY' ST 111 TN The AH'annepir County Library Boar(.1, at its meting on October 23, discussed the matter of closing the Morningside. Community Library. Residonts from the community spoke in favor of continuing the operation of thelibrAry. The Assoc. iation", as a result of the manihners consensus reached at the October meting, also supported continued operation in a formal Utter sent to the Board and the County Commissioners. thy. Library Board aprr,,&.-ed sympathetic with residents view6, it nevertheless faces the need to r0duce its expenses to Met budget -limitations. A suggestion was made at tho meoting that staffing -the library with volunteers could be considered as an alternative plan for keeping the library open. No final action was taken at the October 23 meeting d® the recommendation for closing the facility will be reviewed by the County Commissioners at a.later date when the 1976 budget is discussed. If any Morningside residents are interested in participating in volunteer service at the Morningside Library in the future, please call any t%f the Association officers. �& 1 99 VOUME 2- NUMER 3 7 NOVEMBER 1975 CANDIDATES FOR 1276 ASSOCIATION OFFICERS Ms. Mary Ness Fir. Jim Gentry Mr, John Jefferson others (nominations from the floor) Person receiving the .highest number of votes will be elected President; next highest count will be elected Vice President+ remaining person will be elected Secretary-Treasurer. All other positions are appointive. This slate of candidates was submitted by the N PL- Mr Mr. Mr. 14s. ominating Committee: Ron Ringling. chairman Doug Wright Larry Venard Jack Cracraft Corrine Paterson UPDATE ON �KN 114GSIDE IMPROVP'; Iq-I'S PROJECT The Edina City -Ccuncil has postponed further consideration of the Morningside Improvemsnts Project until later this Novedher. The postponeront was made to gins Edina City Mananger Warren Hyde more time to investigate the possibility of obtaining federal fur-as for the projoct, a PO S sib"-'-, lit-y- that now appears very slim. Since the last Counc-l.1 hearing of the matter, Ron Ringling, Chairman of the Morningsida Community Association's Corry rdty Improvoments Committee b-zis Bret wl-t-h Minneapolis and Edina offici�,,,ls to explore &.1t/arnalLive solutions +0 the Y-rater problem that may not require complete and immediate replacement of the wa"Ar syster�.t. An alternative plan has been discussed one that could reduce the entire �rojact cost by up to $800,000. The Morningside Community Association has also muds -the following requests to Edina officials: !. That all of Morningside's streets be considered "permanently and eligible for 50-50 participation with the City of Edina in the cost of replacemant. f . 2. That the sidewalks be repaired or replaced as needed and that the installation of sidewalks in new areas be planned in cooperation with the residents of Morningside to provide the necossary safety and convenience but with an emphasis on minimizing this expense* 3. That the City of Edina's engineerlrig fee for the Morningside'project be reduced from 12% to 6 % of the project, costa I continll,MA That the Ciity of Edina consider a level The MCAE has also learned that the amortization of the project cost to original estimate for ornamental reduce the size of monthly assessment lighting has been substantially reduced payments. assuming installation at the time curbs and gutters are replaced.' 5. That the City of Edina immediately The next meeting of the NCAE is decide whether, Senior Citizens will scheduled for 8PM November 13th +. be eligible fo'r deferred payment of the Morningside Community Building. assessments. An update on the status of the project will be given at this time. _ -- - ------ ---------v___---__ ---------------------------------------------------------- 11TH HOUR UPDATE The Edina Engineering Department called a meeting on Thursday, November 6, of the Minneapolis Water Department, Bannister Short Et al Consulting Firm, the Edina Fire Department, the Edina Water Department, and a group of Morningside residents. The purpose of the meeting was to discuss possible alternatives I to replacing the entire water syp'- It was generally agreed that the critical water problem is with the hydrant flow for fire fighting. The current system is dangerously inadequate in the opinion of the Edina Fire Department. Our current water system is supplied by only two 6 inch mains- -one at 42nd and one at Morningside Road. These mains are fed through a system of mains that do not come directly intolMorningside but serge an area in southwest Minneapolis first. One proposal is to run a 16 inch main from 40th and France (which is a Minnean- Water Department pump house) to 42nd, then reduce to a 12 inch main going west on 49-' Grimes, south.to Morningside Road and Grimes, back east to France, and south on ti' ..,ice to pick up 44th and Sunnyside Road which are now dead -ends. The proposal also to -..ld tie Lny dead -end into the system. This proposal would probably increase the pressure and volume of water in our . current system for domestic use, and hopefully solve the fire flow problem also. Many of the newer homes, and homes that have replaced the galvanized plumbing witL L ^. -ner have no real problem except for 3 -4 weeks in the summer when there is heavy lawn water_-7., If you.have a galvanized water main from the street to the house and galvanized pipe inside, the proposed system will still not solve your pressure problem. You must replace those pipesawith copper if you want maximum pressure. The!Community Improvements Committee of the Association is working hard to the cost of the improvement to a level that will reflect a good sound investment in our homes. The Committee believes the estimates x-ehich the city put forth in the public hearing notice were Loo high to live with and has been working to get more city participation and looking at any, and al1_other alternatives. TheiEngineering Department's estimate reflected a possible 20 -30% inflated cost; the Departments would rather be too high than 10% too low. (With the passage of 2 -3 lranrs . time, the Engineering Department's estimates may be fairly accurate). Using current prices obtained from St. Louis Park for the same type project, but adding something for water pressure solutions, the costs for the project should be less than originally estimated and could be about as follows: I If the assessment period is 15 years at 7 % -- 50 ft. lot - $1,600.00 or an average of $15.00 per month 75 ft. lot - $2,200.00 " " " if $18.00 " " j 100 ft. lot - $2,800.00 " " " " $25.00 (assuming level amortization) COMMITTEE EDITORIAL There are some residents who have expressed the view that the improvement projec': should be laid aside for 5 or 10 years. However, it seems obvious to us that the problems will not go away- -the situation will only degenerate further. Residents wbo plan to live in the community for some time will only suffer a heavier burden through cost inflation, if the project is delayed. We cannot and should not try to make our neighborhood into a Country Club or Indian Hills area, but we must stop deterioration which threatens to erode our property values and lower the quality of life. r] IV p HERBERT P. LEFLER III; TO ALL DIRECTORS. AND ALTERNATE DIRECTORS OF THE SUBURBAN RATE AUTHORITY -/YL, - 4 � �U ___1\ TELEPHONE (612) 333- 0543 The purpose of this memorandum is to provide a report on the Northern States Power Company case and the Minnesota.Gas Company case. The two matters can be classified as "good news" and "bad news." The Public Service Commission by its Order dated October 31, 1975, provided for a reduction in NSP's proposed rate increase from $60 million to $36.6 million., The Report, Findings of Fact and Conclusions of Law in the matter run to some 66 pages and are therefore too voluminous to reproduce and send to all of you. However, we are attaching a copy of page 36 which shows, at the bottom of the page, the amount which NSP filed for, as to each class of customers, and the amount of increase and the percentage of increase which the Commission allowed: We are also enclosing a copy of pages 50 and 51, consisting of the Order requiring the Company to file the revised rate schedules and to take certain other actions relating to this filing and future filings. We are pleased to note in the body of the Report, Findings of Fact and Conclusions of Law that several aspects of the testimony of the SRA were useful to the Commission in arriving at its decision. For example, the Report, Findings of Fact and Conclusions appear to rely upon the testimony of SRA's witness, Mr. Towers, in arriving at the overall rate of return and the cost of common equity. In a number of respects the Commission agreed with the contentions of the SRA relating to the method of arriving at NSP's cost of service. The Commission did not agree with the SRA on all of its contentions. On the subject of what should be the test year, for example, the Commission went along with a projected test year which was used by the Company and by the Commission staff. The Commission's Report, Findings of Fact and Conclusions do not comment upon the Commission's choice of a-test year. It may be that in future filings it would LAW OFFICES LEFEVERE,'LEFLER, HAMILTON AND PEARSON 1100 FIRST NATIONAL BANK BUILDING CLAYTON L. LeFEVERE HERBERT P. LEFLER MINNEAPOLIS, MINNESOTA SS402 JOSEPH E. HAMILTON CURTIS A. PEARSON November 6, 1975 J. DENNIS O'BRIEN JOHN E. DRAWZ JOHN B. DEAN DAVID J. KENNEDY WARREN R. SAGSTUEN ' GLENN E. PURDUE WILLIAM E. FLYNN DAVID J. BUTLER " JAMES D. LARSON �7� MEMORANDUM CHARLES L. LEFEVERE HERBERT P. LEFLER III; TO ALL DIRECTORS. AND ALTERNATE DIRECTORS OF THE SUBURBAN RATE AUTHORITY -/YL, - 4 � �U ___1\ TELEPHONE (612) 333- 0543 The purpose of this memorandum is to provide a report on the Northern States Power Company case and the Minnesota.Gas Company case. The two matters can be classified as "good news" and "bad news." The Public Service Commission by its Order dated October 31, 1975, provided for a reduction in NSP's proposed rate increase from $60 million to $36.6 million., The Report, Findings of Fact and Conclusions of Law in the matter run to some 66 pages and are therefore too voluminous to reproduce and send to all of you. However, we are attaching a copy of page 36 which shows, at the bottom of the page, the amount which NSP filed for, as to each class of customers, and the amount of increase and the percentage of increase which the Commission allowed: We are also enclosing a copy of pages 50 and 51, consisting of the Order requiring the Company to file the revised rate schedules and to take certain other actions relating to this filing and future filings. We are pleased to note in the body of the Report, Findings of Fact and Conclusions of Law that several aspects of the testimony of the SRA were useful to the Commission in arriving at its decision. For example, the Report, Findings of Fact and Conclusions appear to rely upon the testimony of SRA's witness, Mr. Towers, in arriving at the overall rate of return and the cost of common equity. In a number of respects the Commission agreed with the contentions of the SRA relating to the method of arriving at NSP's cost of service. The Commission did not agree with the SRA on all of its contentions. On the subject of what should be the test year, for example, the Commission went along with a projected test year which was used by the Company and by the Commission staff. The Commission's Report, Findings of Fact and Conclusions do not comment upon the Commission's choice of a-test year. It may be that in future filings it would a LAW OFFICES LEFEVERE, LEFLER, HAMILTON AND PEARSON DIRECTORS AND ALTERNATE DIRECTORS SUBURBAN RATE AUTHORITY November 6, 1975 Page 2 be possible to urge a change in the test year, which we believe would provide the Commission and intervenors with more reliable information. -No doubt, Mr..Hess will want to comment at greater length about the October 31, 1975 Order at the next meeting of the Board.. In the meantime, if there are any questions that any of you may have that we can answer, please do not hesitate to call upon us. The other matter, i. e. the Minnesota Gas Company litigation, has resulted in a decision adverse to the SRA. The Hennepin County District Court concluded that the rate increase which was filed for by the Minnesota Gas Company on November 13, 1974 should be permitted to stand. In this case it appears that the Court did accept the two principal contentions of the Gas Company that (a) the appeal to District Court was in the nature of a declaratory judgment action on a contract rather than a review of a regulatory decision and (b) that the filing made by the Gas Company was justified under that provision of the franchise which permits a second filing, after July 31 of any year, to avoid or minimize excessive fluctuations in the rate. It will appear that if further action is not taken by the SRA in this case, the current gas rates will remain in effect until a rate change is proposed before the Public Service Commission. A copy of the Court's Findings of Fact, Conclusions of Law and Order for Judgment in the Gas Company case is enclosed.. CLL:jpf Enclosures Very truly yours, IVR S R-Q& arc Clayton L. LeFevere SRA Attorney The combined commercial and industrial increase which averaged 16.4 percent under NSP's proposal should be reduced to an approximately 11.8 percent increase. The Commission concludes that some internal class rate of return differences between the large and small commercial and industrial groups do exist and should be further reduced as recommended by Mr. Budetti and acceded to as reasonable by Mr. Sorensen. The rate of return difference based upon the coincident peak study of 10.2 percent for small and 8.8 percent for large at NSP's proposed level of rates is viewed as an approximation of the difference and should be reduced by only approximately one -half (from 1.4 percent to 0.7 percent)gt this time. Specifically, the large commercial and industrial revenue increase should be reduced to approximately 15.3 percent. The average increase for the small commercial and industrial group should be approximately 5.3 percent. The percentage increase for the Public Sector (Public Lighting and Other Public Sales) should not be reduced from the average 15.9 percent level proposed by NSP and currently in effect. Rate reforms which have produced the relatively wide swings in utility bills associated with other classes have not been under- taken in this area and the rates of return of these two classes are below the average return for NSP and for other classes. We note that slight changes in the class rates of return shown by the various studies will result from Commission determinations with respect to revenue level. The NSP proposals and the Commission determinations are summarized below: Average Rate Increase NSP Commission Proposed Determination $ w S Class Millions Increase Millions Increase Residential 23.0 15.8 11.5 7.9 Small C S I 10.3 13.8 3.9 5.3 Large C 3 I 24.9 17.8 21.4 15.3 Public Lighting 1.0 16.0 1.0 16.0 Other Public Sales .8 15.9 .8 15.9 TOTAL 60.0 16.1 38.6 10.4 -36- .lt i.:.Y;'k f� WHEREFORE, IT IS HEREBY ORDERED: ORDER 1. Within 45 days of the date of this Order, ,ASP shall file with the Commission for its approval a revised schedule of rates and charges incorporating the class allocation and structural changes made elsewhere herein so as to allow the production of increased annual revenues of $38,640,000. 2. The rates as revised and approved by the Commission shalt be effective for service rendered on and after February 2, 1975. 3. Within 15 days of the date of this Order, ,ISP and staff shall file with the Commission proposed procedures for the refund to 11SP's customers of amounts collected by 14SP subject to refund which exceed the amounts authorized by this Order. The Commission will then issue an order directing which procedures shall be followed in making refunds. 4. Within three months from the date the Commission notifies 1SP of its designated representatives, ASP and representatives of the Commission which it will subsequently designate shall jointly submit to the Commission for its re- view a proposed plan for a study of the appropriateness, costs, benefits and effects on consumers and upon .1ISP of tire of day and other peak pricing alterna- tives. 5. Within one year of the date of this Order, NSP shall submit to the Commission for its review an alternative illustrative schedule of rates and supporting cost studies justifying the rates for Public Sector rate forms identifying the demand, energy, customer and service cnaraes separately, except that demand and energy charges may be combined where so metered. 6. Within one year of the date of this Order, NSP shall submit to the Commission for its review alternative illustrative rate schedules in which various customer charges, service arrangements and conditions of service currently incorporated into the blocked rate structure are removed and shown as special service riders. -SO 7. Within three months of the date of this Order, NSP shall itemize on all customer bills all surtaxes, surcharges and gross receipts taxes and similar levies by local governments. S. This Order shall become effective immediately. BY ORDER OF THE CO.MISSION Lawrence J. Anderson Secretary Service Date: October 31, 1975 -61- 7 i STATE OF MINNESOTA COUNTY OF HENNEPIN Minnesota Gas Company, Plaintiff, VS. Suburban Rate Authority, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT FILE NO. 710420 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT This case came duly on for trial before the Court on September 30 and October 1, 1975. George C. Mastor, Esq. and Charles A. Bassford, Jr., Esq., Mastor.and Mattson, Ltd., 315 Peavey Building, Minneapolis, Minnesota 55402, appeared as attorneys for plaintiff Minnesota Gas Company (. "Minnegasco "). Clayton L. LeFevere, Esq. and David J. Butler, Esq., LeFevere, Lefler, Hamilton and Pearson, 1100 First National Bank Building, Minneapolis, Minnesota 55402, appeared as attorneys for defendant Suburban Rate Authority ( "SRA "). This action is brought under the provisions of the Uniform Declaratory Judgments Act, Minn. Stat. c. 5.551 to obtain a declaratory judgment construing certain terms and provisions of and the rights of the parties under uniform suburban franchise contracts, effective January 1, 1963, between 26 suburban municipalities and Minnegasco. The Court, having heard the evidence and considered the pleadings, statements of the case, stipulation of facts, and exhibits and being fully advised, finds the facts and states its Conclusions of Law as follows: C 1 FINDINGS OF FACT Parties 1. Minnegasco is a corporation duly organized and exist- ing under the laws of the State of Delaware and holds a valid certificate of authority to transact business in Minnesota. It is a natural gas distribution utility serving 155 communi- ties in Minnesota including the 26 municipalities which are members of the SRA. 2. The SRA is an organization created and existing under Minnesota Statutes §471.59, providing for the joint exercise- of powers by-units of government. The membership of the SRA consisted of the following 26 Minnesota cities: • Bloomington Hopkins Brooklyn Center Maple Grove Brooklyn Park Minnetonka Columbia Heights New Hope Crystal Osseo Deephaven Plymouth Eden Prairie Richfield Edina Robbinsdale Excelsior St. Anthony Fridley St. Louis Park Golden Valley Shorewood Greenwood Wayzata Hilltop Woodland Uniform Suburban Franchises 3. Minnegasco operates in the 26 SRA municipalities under uniform franchise contracts which, by their terms, expire on January 1, 1983 ( "Uniform Suburban Franchises "). .The major areas governed by the franchises include rates, service and standards, use of the streets, accounts. and records, liability, indemnification and acquisition by the municipalities. The provisions of all of the Uniform -- - Suburban Franchises relating to the issues in this case are identical. The Uniform Suburban Franchises were duly adopted by the municipalities involved and accepted by Minnegasco. MOM z, 2s? �' da.;.. r., �Cnn .;'s:a:�Ci- .v�t`'�p':_.:a'3 Cv` t�..-'.,. s. � }..k�'.dr�a °�a`.l'a"��✓,��,7.. ,�pietK a...• l_ 4. The Uniform Suburban Franchises provide for annual filings by Minnegasco with the SRA of gas,rates for the 26 SRA municipalities considered as a single zone for rate making purposes. Annual rate filings are to be made not later than January 10 of each year to establish the rates proposed to be charged beginning February 1. Minnegasco's annual rate filings are based on fore- casts of its revenues, expenses and permitted earnings in the SRA municipalities. The data submitted by Minnegasco in support of its rate filings show the results for the most recent year as well as the forecasts of operations for the new 0 year involved. While the forecasts provide the basis for rate filings, only the results of actual operations are recorded on Minnegasco's books and are used to determine its permitted earnings. .5. The Uniform Suburban Franchises are cost -of- service contracts under which Minnegasco is allowed to recover its actual costs of operation including a specific return deter- mined in accordance with a formula contained in the fran- chises. The franchises limit the return to be earned by Minnegasco by providing for the transfer of any earnings above that allowed to a reserve account which is used to re- duce the rate requirements in later periods. Interest is credited monthly by Minnegasco to the reserve at the then current prime rate. In August 1975, interest at the rate of 7 3/4 percent was added to the reserve. Balances in the reserve account at the end of each year have ranged from a low of $423,000 at December 31, 1963 to a high of $2,527,000 at December 31, 1967. At year -end 1974 the balance was $946,000. These balances as a -3- E percentage of Minnegasco's annual revenue have ranged from a low of 1.3 percent in 1973 to a high of 7.7 percent in 1967. In 1974 the percentage was 1.6. The amounts of the year -end reserve balances were not anticipated in most cases because of pipeline refunds to Minnegasco that could not be anticipated or scheduled . and the occurrence of colder than normal weather during several of the years. 6. The SRA is charged in the franchises with the duty of administering the rate provisions of the franchises. Filed rates not in accordance with the rate provisions may be "altered, amended or revised" by written order of "an engineer, auditor or accountant" of the SRA duly appointed for such purpose. 7. Section 3(d) of the franchises gives Minnegasco the right to a prompt hearing and review in the courts of the State of Minnesota of any rate order of the SRA which alters, amends or revises its filed rates if application is made within 30 days after notice of such alteration, amendment or revision. If judicial review is applied for, then until the SRA rate order is finally sustained or changed by the courts, the rates filed by Minnegasco shall take effect and be charged. At the time of making application for judicial review, Minnegasco is required by §3(d) to file with the clerk of court "a corporate undertaking requiring it to refund, rebate or comply with such other relief" as may be ordered by the courts. 8. Section-3(b) of the franchises, in part, provides that Minnegasco may, in order to minimize or prevent excessive -4- N fluctuations in the "block rates ", additionally once during the calendar year, but not prior to July 15 thereof, adjust .the block rates in the same manner as is provided for their .:adjustment at the end of each calendar year.. Minnegasco's Rate Adjustment Filing of November 13, 1974 9. On November 13, 1974, Minnegasco filed with the SRA a rate increase of 130 per Mcf ( "Mcf" equals one thousand cubic feet) for all blocks of gas consumption except the "minimum" block (300 cubic feet of gas or less) to be ef- fective December 5, 1974 in the 26 SRA municipalities: Net Rates then New Net in effect Rates First 300 cubic feet or less $2.40 $2.40 Next 3,700 ,cubic feet per month 1.65 1.78 Next 26,000 cubic feet per month 1.23 1.36 All over 30,000 cubic feet per month 1.18 1.31 The rate filing stated it was made pursuant to the following paragraph of Section 3(b) of the Uniform Suburban Franchises: "Provided, however, in order to minimize or prevent excessive fluctuations in the Block Rates, the Company may additionally once during a calendar year, but not prior to July 15 thereof, adjust the Block Rates in the same manner as pro- vided above for the adjustment of said Block Rates at or about the end of each calendar year." Further the rate filing stated: "The Company here exercises the provisions of 3(b) to recover only the additional cost of'gas resulting from the implementation of two wholesale rate increases by Northern Natural Gas Company on October 27 and December 27, 1974 as follows: FPC Docket RP74 -80 6.61¢ Purchased Gas Adjustment 6.34 Total 12.951 "The Company stipulates that if the Uniform Suburban Franchise is superseded, it will continue to account for any cumulative overage and will not effectuate an increase in its" 'Block Rates', ex- cept for a purchased gas adjustment, until such overage has been exhausted. -5- 1 "Attached hereto is a tabulation showing actual operating results as shown by the Company's books for the twelve months' period ending September 30, 1974; also, a forecast of the operating results of the Company for the twelve months' period end- ing December 31, 1975 based on the above filed rates; also a calculation of the 'Allowable Annual Return'-to which this Company is entitled for the year ending September 30, 19.74,.and a forecast of the 'Allowable Annual Return' for the twelve months' period ending December 31, 1975." 10. The cost of natural gas purchased for sale is Minnegasco's largest single expense item, currently amount- ing to approximately 53 percent of its total revenues. All of Minnegasco's supply of natural gas is purchased from its sole interstate pipeline supplier, Northern Natural Gas Com- pany of Omaha, Nebraska ( "Northern Natural "). Northern Natural's rates to Minnegasco and other distribution com- pany.customers are regulated by the Federal Power Commission. 11. Two substantial increases. to Minnegasco in the cost of gas purchased from Northern Natural became effective late in 1974. The total annual dollar amount of these two in- creases to Minnegasco was $16,957,000 or 12.95¢ per Mcf. This represented a 22.5 percent increase in Minnegasco's annual cost of gas purchased. The total of the two increases was the largest increase ever faced by Minnegasco and were equal to the total net increase in its cost of gas. during the previous 13 years. The two increases by Northern Naural could not have been anticipated and provided for by Minnegasco in its annual rate filing in January 1974 because the needed infor- mation was not available until October 1974. Other possible additional increases in the cost of gas purchased by Minnegasco were pending at the time of its rate filing on November 13, 1974. 12. Gas supply to Minnegasco has become much tighter in recent years and .increased volumes of gas are no longer M available from Northern Natural. Volumes available in the past for certain customers are being reduced or eliminated. The nonavailability of additional gas supplies af- fects the retail rates of Minnegasco because it is no longer able to offset cost increases by. additional sales volumes and because substantial investments in supplemental gas supply projects are being made by Minnegasco to provide the capacity needed to serve new residential and small volume customers.. 13. The rates to all customers in all 155 communities served by Minnegasco were increased by the amount of the cost increase from Northern Natural.or 13¢ per Mcf. Other gas distributors in Minnesota that are major purchasers of gas from Northern Natural also increased their rates in an amount equal to the cost increases from Northern Natural. 14. The procedure used by Minnegasco in making its rate increase filing of 13�6 per Mcf on November 13, 1974 with the SRA followed that used under the Uniform Suburban Franchises for an annual rate filing. The estimated return reserve on December 31, 1974 was taken into account and used in establishing the rates contained in the filing. An increase_. of 19.78¢ per Mcf would have been required if rates to recover the increased costs of purchased gas were established based on forecasted 1975 operations without use of the return reserve. The forecasts of revenues, expenses and allowable return covered a 13 -month period, December of 1974 and all of 197.5. These forecasts for the 13- month. period (with the increase) projected the return reserve at December 31, 1975 to have a deficiency of $109,000. Since the 13¢ per Mcf - increase.was not applied to the "minimum" block of gas consumption, the average increase per Mcf of sales amounted to 12.85¢ or 9 percent. -7- 15. If the adjustment in gas.rates which was effective on December 5, 1974 had been delayed until February 1, 1975, an increase of 18.5¢ per Mcf rather than 13¢ per Mcf would have been required to recover the increased gas purchased costs from Northern Natural. Sales of "firm" gas are tem- perature sensitive and mostly made in the cold months of the year. Approximately 50 percent of Minnegasco's firm sales are made in the three cold months of December, January and February. j The filing of November 13, 1974 was based upon the facts and forecasts of revenues, expenses•and allowable re- turn which existed at that time and was made to enable 'Minnegasco to recover its costs.and return permitted under the Uniform Suburban Franchises and to minimize the excessive fluctuation in rates which would have occurred if the filing was delayed to February 1, 1975. 16. The 13¢ per Mcf rate increase effective December 5, 1974 covered only the increased costs of gas paid to Northern Natural and did not change or increase Minnegasco's allowable return under the Uniform Suburban Franchises. Any amounts received by Minnegasco will be accounted for in the return reserve. SRA Amendment on November 27, 1974 of Minnegasco's Rate Filing 17. By written order dated November 27, 1974 the SRA rate engineer decided that the rates proposed in Minnegasco.'s filing were not in accordance with the provisions of the Uni- form Suburban Franchises, denied Minnegasco's rate filing of November 13, 1974 and amended the filed rates downward to the rate levels than being charged. 18. The SRA rate engineer.has had full access at all reasonable times to examine Minnegasco's books and records L�....,;.:.......N_c :..- �1..�. y,.: �.:,: v��..- ..._...:lt ,.n..r,�z1. v., .. G^.,,.- .: -�-- _ _; «. �,�`. .., . -i':,. � 1 M'.:�.�.x...u.a,..�:.:: ..,v:- ...._•� 4_. ;:k a.:. L�.+. sx�s ,..,_�.u9.,r.__::2�_.�,°.o.�� „�� 5 1ar._s^z t..1i� „r ,nr �. •,:C ?�f .r¢.9�.x> and has done so over the years in connection with previous rate filings. Minnegasco has continued to file with the SRA regular monthly reports showing its financial condition and the results of its operations in its.Suburban-Division communities on a monthly and yearly basis. 'It has stipulated that it will con- tinue to account to the SRA for any balances in the reserve account, to furnish regular monthly reports and to provide full access to its books and records. Judicial review of the SRA rate order of November 27, 1974 19. The adjusted block rates contained in the November 13, 1974 rate filing have been charged and collected by Minnegasco starting December 5, 1974 pursuant to §3(d) of the Uniform Suburban Franchises. Minnegasco gave, on December 5, 1974, written notice to the SRA that it would exercise its right to judicial hearing . and review under §3(d) of the franchise and the ad- justed block rates would be charged effective December 5,_ 1974, and until the order of the SRA rate engineer was sus- tained or altered by the courts.. 20. Minnegasco applied for judicial review of the amend ment of its rate filing pursuant to §3(d) of the franchises by commencing this lawsuit and filing the required corporate undertaking within 30 days after notice of the SRA rate order of November 27, 1974. CONCLUSIONS OF LAW 1. This Court has jurisdiction of the parties and the subject matter of this action. 2. There exists a genuine conflict in the tangible interests of.the parties under the Uniform Suburban Franchises MM and this action presents a justiciable controversy proper fora declaratory judgment thereon under the Uniform De- claratory Judgments Act, Minn. Stat. c. 555. 3. For purposes -of this action, the Uniform Suburban Franchises constitute valid and.binding contracts between Minnegasco and the 26 SRA communities. 4. The adjusted block rates filed by Minnegasco with the SRA on November 13, 1974 are pursuant to and in accor- dance with the Uniform Suburban Franchises and within the meaning and intent of §3(b). of the franchises "to minimize or prevent excessive fluctuations.in the Block Rates." These adjusted block rates were the lawful and proper rates to be charged and collected under the Uniform Suburban Franchises effective December 5, 1974. 5. The November 27, 1974 rate order of the SRA rate engineer and the amended block rates contained therein are of no force and effect and are hereby set aside. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: A /DOUu--AS. K AMDAHL Drouglas K. Amdahl District Court Judge -10- h F� Ll MINUTES OF QUARTERLY MEETING OF SUBURBAN RATE AUTHORITY October 15, 1975 Pursuant to due call and notice thereof the quarterly meeting of the Suburban Rate Authority was held at the Ambassador Motor Hotel, in the City of St. Louis Park, Minnesota, on Wednesday,. October 15, 1975 , ,commencing at 6: 30 p.m. 1. Call to Order: The meeting was called to order by Chairman Dan Briggs. 2. Roll Call: Upon roll call attendance was found to be as follows: Bloomington Robert Darr Brooklyn Park Ronald Dow Graydon Boeck Champlin Josephine D. Nunn Deephaven William Schoell Edina Russell Hedlund Forest Lake H. K. Dupont Fridley W. R. Starwalt Golden Valley Mary Anderson Hastings James W. Cosby Hopkins John Strojan Maple Grove David Wencel Mendota Heights Orvil J. Johnson Minnetonka Donald Asmus Mound Leonard Kopp New Brighton Don Howes North St. Paul Gerald Splinter Osseo Ida Dochniak Richfield Frank Boyles Robbinsdale Dan Briggs George Delay Roseville James Andre St. Anthony Jerry Dulgar St. Louis Park Robert Ehrenberg Earl Hanson Shoreview L. Cecil Metz Also in attendance were George F. Hess, SRA rate consultant, and Clayton LeFevere and William Flynn, SRA attorneys. 3. Minutes of Previous Meeting: The minutes of the meeting of July 16, 1975 were presented. It was moved by Mr. Dow, seconded by Mr. Starwalt, that the minutes be approved as mailed. Carried unanimously. -1 -. 4. Treasurer's Re ort: Secretary- Treasurer Dalen was absent. Mr. LeFevere istrib ted copies of his financial report for the nine -month period ended September 30, 1975. The report indicated that the cash balance of the SRA on that date was $6,717.90 and that the SRA had investments having a face value of $113,000. The following claims were presented: George F. Hess, rate consulting services for July, August and September 1975 - LeFevere, Lefler, Hamilton and Pearson, legal services for the period July 16, 1975 through September 30, 1975 - $ 2,312.60 for work on the NSP case $ 3,105.00 for work on the Minnesota Gas Company case $18,584.97(of which $3,997.47was for general services and disbursements, $5,696.25 was for the Minnesota Gas Company case, and $8,891.25 was for the NSP case) It was moved by Mr. Dulgar, seconded by Mrs. Anderson, that the treasurer's report be received and that the foregoing claims be paid. Carried unanimously. 5. New Hope Withdrawal: Mr. LeFevere read a letter from New Hope wherein it was withdrawing from the Suburban Rate Authority. He.also read the letters of response which were sent by David J. Kennedy to Mr. Harlyn Larson, city manager of New Hope, expressing his regret that the city feels compelled to take this step and expressing the hope that the SRA may work together with the City of New Hope in the future. 6. Northern States Power Company Rate Case: Mr. William Flynn, one of the SRA attorneys, gave a status report on the NSP rate case. He indicated that the case is now fully submitted to the Commission and that the Commission should be issuing its final order in the proceeding by October 31, 1975. -2- He reviewed a number of the main issues in the proceeding including the rate base issue which was resolved in favor of the SRA position, the question of what period should be used as a test year, the question of how capital.expenses and operating expenses should be allocated between Minnesota and non-Minnesota customers, the question of what working capital should be included in the rate base, the question of what rate should be used as an allowance for funds used during construction, the question of what interest deduction should be permitted for income taxes, the question as to what adjustments should be made for fuel clause adjustments and the question of whether or not charitable contri- butions and certain other expenses should be allowed as operating expenses for rate - making purposes. He also discussed the contentions of the parties on what the rate ,of return should be on the rate base. Mr. Hess commented on matters relating to the rate design. He indicated that he had reviewed the testimony of NSP and the other parties and had come to the conclusion that there was not a great likelihood that the Commission would compel Northern States Power Company to change its rate design at this time. He expressed the opinion that the Company's rate design should be thoroughly studied with a view towards possible future changes, after the effect of such changes could be predicted more accurately. Mr. LeFevere indicated that the rate consultant's work and the attorneys' work on this case now appear to be substantially complete unless there should be appeals or other court proceedings challenging the order issed by the Commission. He indicated a reluctance to proceed to participate in any such further proceedings without being authorized to do so by the SRA board or its executive committee. After discussion it was moved by Mr. Kopp, seconded by Mr. Dulgar, that the executive committee be authorized to instruct the rate consultant and attorneys as to any further participation in the NSP rate case after the Commission order has been issued. Carried unanimously. 7. Minnesota Gas Company Rate Proceeding: Mr. LeFevere reported on the trial of the Minnesota Gas Company case in District Court of Hennepin County. The case arose when Minnesota Gas Company filed for a rate increase in the suburban division in November .1974. Mr. Hess, SRA rate engineer, issued an order disapproving of the rate increase. The company then brought a proceeding in District Court to determine the question of whether. Mr. Hess' order should be upheld or whether the Company's rate increase should be sustained. He indicated that a decision by Judge Douglas Amdahl should be forthcoming in the very near future. -3- He indicated that it might also be desirable to authorize the executive conunittee to give direction to him concerning any further proceedings in that case after the District Court order has issued. Thereupon it was moved by Mr. Darr, seconded by Mr. Asmus, to authorize the executive committee to direct the SRA rate consultant and attorneys as to the extent to which they should participate in further proceedings in the Minnesota Gas Company case after the District Court order has issued. Carried unanimously. 8. Audit: The chairman called attention to the need to appoint a fir tm audit the books of the SRA for the year 1975. It was moved by Mr. Starwalt, seconded by Mrs. Ida Dochniak, that the George M. Hansen Company be engaged to conduct such audit. Carried unanimously. 9. Nominating Committee: Chairman Briggs called attention to the fact that the next regular meeting of the SRA in January of 1976 will be an annual meeting, necessitating the election of officers. He asked for action on the creation of a nominating committee. After discussion, it was moved by Mrs. Anderson, seconded by Mr. Johnson, that the chairman be authorized to appoint a three -man nominating committee to make nominations for the offices of the SRA at the January 1976 annual meeting, but with the proviso that other nominations for any offices may also be made at that meeting from the floor. Carried unanimously. 10. Date, Time and Place of Next Meeting: It was moved by Mr. Dow, seconded by Mr. Schoell, that the next regular meeting of the SRA be held on Wednesday, January 21, 1976, at 6:30 p.m. at the Ambassador Motor Hotel. Carried unanimously. 11. Adjournment: There being no further business to come before the meeting, it was moved by Mr. Johnson, seconded by Mr. Kopp,that the meeting be adjourned. Carried unanimously. ATTEST: Chairman Enclosures: Financial Report -4- Secretary SUBURBAN RATE AUTHORITY ANALYSIS OF CHANGE IN CASH BALANCE SAINT LOUIS PARK, MINNESOTA FOR NINE MONTHS ENDED SEPTEMBER 30, 1975 Balance at January 1, 1975 Additions: Assessments received: City of Mapleton $ 130.00 Village of Belgrade 100.00 City of Avon 100.00 City of Freeport .100.00 Village of Waite Park 282.50 City of Paynesville 192.00 City of Red Wing 1,283.00 City of North Mankato 734.70 City of Wyoming 100.00 City of Bird Island 130.90 City of St. Cloud 4,222.30 City of LaCrescent 338.30 City of Winona 2,643.80 City of Montevideo 572.90. City. of Tracy 252.00 Village of Prinsburg 100.00 City of Mankato 3,089.50 City of St. Joseph 100.00 City of Albany 159.90 . City of Sauk Rapids 505.10 Interest receivable at December 31, 1974 Interest on income Investments sold Deductions: Surety Bond Annual audit Accounts payable at December 31, 1974 Investments purchased Legal Cost (Lerevere, Lefler, Hamilton and Pearson) Rate Consultant- George F. Hess Refund -City of Crystal Refund -City of Hilltop BALANCE AT SEPTEMBER 30, 1975 I 'I Federal Home Loan Bank Consolidated Bonds Federal National Mortgage.Associates Federal Land Banks Consolidated Bonds Federal Home Loan Bank Consolidated Bonds United States Treasury Notes Federal Land Bank Bonds Federal Land Bank Bonds Federal Land Bank Bonds INVESTMENTS 9.55 4.50 8.25 8.80 6.25 7.60 7.35 5.00 $ 5,059.76 $15,136.90 4,075.00 5,501.51 63,690.01 88,403.42 $ 93,463.18 S 129.00 250.00 7,263.60 19_,857.50 23,700.92 27,296.66 8,131.87 115.73 86,745.28 $ 6,717.90 Due 8 -25 -76 $ 30,000.00 Due 2 -10 -77 7,588.00 Due 4 -20 -77 40;000.00 Due 8 -25 -77 9,960.00 Due 2 -15 -78 7,007.50 Due 4 -20 -78 10,010.00 Due 10 -19 -78 6,007.50 Due 1 -22 -79 1.976.11 TOTAL $112,549.11 FACE VALUE $113,000.00