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HomeMy WebLinkAbout1974-06-17_COUNCIL MEETING�.GZiV33A EDI-LiA CIrZ COUNCIL 11EE` 1YZ.* J1ZTZ 17, 1974 .. P.114. .ROL=A:.L Io PUBLIC 10A%_IMS ON PROPOSED rir?X ?TEM -9NTS Presentation by Ci;°y Man;nger n:zL Engineer. Spectators heard. If Council �4.s'nes to proc:�Ld, :action by Ordering Improvement. 415 favorable rollcall voice to pass. A. Watermain P -Wi -287 T.HI 100 Z. Frontage Road (Continued `roe 613/74) B. Parking Lot Grading F-F-2 - Grandview Liquor Store (Con'cinuad from ITo PUBLIC H$ARDNIGS ON _PSc L1X1kJARY PLAT �� °F'�'� 71Va � A:;:fida•:ri_.a or notice ''Gy Clerk.. Prestsukation by Planning BEpartmento Spectators heard, If Cour_cil w sii,s to proceed, action by Resolution, 315 favorable roll-call vote ;,o pessa A. Oertel First Addition S -74 -6 (5/29174) B. Blaka Ridge Addition S -74 -8 (5129/74) Q.o Indian Meads S -74 -7 (5129174) III, PUBLIC HEA.•b.ING ON 1 T DIVISltild Affidavits of otiee by Cler -. Presentation by Planning Department. Spectators heard. If Council wislies to proceed, action b} Resolution. 315 fzvorable rol ca_Il .vote to Dass, - - - _ Av Lota- 12 ena 3S; = Block 3- - Btier=a ICJ, C.S,A,H. l8 %iiA.JJXb VIrd GOAD 1NT r;M1 3GE (Continued from 5/20/74) V. AWARD OF BIDS Tabulations and recommendations by City Manager. Action of Council by glotion: A. P -P-2 Parking Lot Grading (Continued from 613/74) B. Radio Equipment Bids (Coatimied from 5120174 and 613/74) Co Public Improvements VI. COMUNICATIONS T Hr, Laszlo #uiop B, Pa3rkaood Knolls Barricades VII. RECO?- 24ENUATIONS AND P.LPOnS A. Fairview- Soudbda!a Hospital. Bonds B. Traffic Sa &ty Committee s =linutes of 6/12174 C. Edina Court Parking (Continued from 6/3174) Do Division of Milli= A. Sletten Estate Property E„ Scale of Oscar Roberts Property (Continued from 6/3174) F. Engineering Co;asultant for Western Edina Roads Go '-Notice oZ C2 aim - No Gaase4elen H. Wm. Lo Gleason - $aalse Arrest Suit Ya State F+mnicipal league Y-&--mberabip Status J. Distribution of Absentee 3sllote L. 1975 Budget Calendar N. Taxi Cab Rates - Action by Resolution No Revenue Slarin3 0„ Southdale Bowling Lines Licenses (Continued from 6/3!74 continue until After Court hearing) Po Water Superintendent's Ra4re;tnto Q. Pountwim Woods Apartments V7 lI o R y S0I,U"T1ONS L63". Ai`i'°_ OARS Wi0 'LESI-REe RZAKT2'G 5E7;A: _`E CIIi v",'11. 'SCE A, Workmen's Coapens•ni.on Coveragia jor Coe:!:cij eeu y .-o- . U, /3; 746 B� Ltz 3'.aitd, A 41 .' .vi: v saco?. dei by t - ment of `` z y yyee mi=le €o:l io ping U.�7..�.i,.'�J2i ic; `�`£?— +�,- _— �,7.G�'"..,..� .-�w`i j•`i - -: �3� - Construc:"Ton :..Pimil, i?99,520 831 rkmda .Lr1 -JOr L171 {IP.�;p�p i..tli. i' 1''r ::?s►$.� 9 �SR:� ;. 17 T .. -o-. t,' _.S%..�r y�ii ��. '`6 {, •i. -'{�. ((��.sZt 3 �� , I, •j% fl047,A19 �. V DONALD WEST WALDO F. MAROUART JOHN W. WINDHORST HE HALLADAY JULE M. HANNAFORD ARTHUR B WHITNEY RUSSELL W. LINDOUIST DAVID R. BRINK HORACE HITCH VIRGIL H, HILL ROBERT V TARBOX ROBERT J. JOHNSON M. B, HASSELOU IST PETER DORSEY GEORGE P. FLANNERY CURTIS L ROY ARTHUR E. WEI5BERG DUANE E. JOSEPH JAMES B. VESSEY WILLIAM A. WHITLOCK E. J. SCHWARTZBAUER THOMAS M, BROWN CORNELIUS D. MAHONEY THOMAS S. ERICKSON WILLIAM C- BABCOCK MICHAEL E. BRESS RAYMOND A REISTER JOHN J. TAYLOR BERNARD G. HEINZEN DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY WILLIAM J HEMPEL 2300 FIRST NATIONAL BANK BUILDING FAITH L OHMAN JOHN S. HIBBS DAVID A RANHEIM ROBERT 0. ROTTEN M I N N E A P O L I S, M I N N E S O TA S S 4 0 2 ROBERT J. WILLIAM R. HIBBS H SIBS MAN JOHN D. LEVINE ROBERT J. STRUYK JOHN D. KIRBY.- MICHAEL A. OLSON PHILIP F. BOELTER LARRY W JOHNSON (612) 340-2600 WILLIAM B. PAYNE THOMAS 5_HAY CABLE: DOROW JAN STUURMANS G LARRY GRIFFITH R.A SCHWARTZBAUER CRAIG A BECK TELEX: 29 -0605 STEVEN K. CHAMPLIN DAVID L McCUSKEY TELECO PI ER' ( 612) 340-2868 DAVID N. FRONEK THOMAS 0. MOE THOMAS W TINKHAM JAMES H. OHAGAN JON F. TUTTLE JOHN M MASON - 1468 W —FIRST NATIONAL BANK BUILDING ROBERT A. HEIBERG MICHAEL W. WRIGHT ST. PAUL. MINNESOTA 55101 EMERY W BARTLE LARRY L. VICKREY MICHAEL J RADMER LOREN R. KNOTT (612) 227 -8017 PAUL SCHEERER PHILLIP H MARTIN CURTIS L. STINE CHARLES JOHNSON ICHAELTRUCANO CHARLES J. MAU ENSTEIN JONATHAN VILLAGE CENTER WILLIAM J. NEPPEL CHARLES A, GEER CHASKA, MINNESOTA 55318 JAMES A. FLADER JOHN C. ZWAKMAN (612) 448 -4012 WILLIAM A. JOHNSTONE JOHN R.WICKS WILLIAM E. BROEN EUGENE L.JOHNSON WILLIAM P. LUTHER JOHN W. WINDHORST, JR, IIS THIRD STREET SOUTHWEST DOUGLAS D. McFARLAND MICHAEL PRICHARD DAVID L SOEHNEN WILLIAM R. SOTH ROCHESTER, MINNESOTA $5901 ALAN D GILLILAND THOMAS R. MANTHEY (507) 288 -3156 LAWRENCE R. OLIVER RICHARD G. SWANSON FRANK H VOIGT June 13, 1974 Honorable Members of the City Council Mr. Warren C. Hyde, City Manager City of Edina 4801. West 50th Street Edina, I.1inresota 5.5424 Re: Sale to the Church of Our Lady of Grace of the former Oscar Roberts property, Bear Council Members a*id Mr. Hyde: WILLIAM E. MARTIN WILLIAM H. HIPPEE, JR- STEPHEN G. SHANK ROBERT A. BURNS TONI A. SEITZ MICHEL A. LAFOND BRADFORD L. FERGUSON ROGER J. MAGNUSON J. ROBERT HIBBS JAY COOK STANLEY REIN CHARLES L POTUZNIK VERLANE L. ENDORF DENNIS BURATTI GEORGEANN BECKER ROBERT HOBBINS BARRY D. GLAZER PETER HENDRIXSON NICKY HAY IRVING WEISER STEPHEN GOTTSCHALK THOMAS ELKINS OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VANFOSSEN The Church of Our Lady of Grace (the "Church ") has submitted another agreement, dated May 31, 1974, for the purchase of the former Oscar Roberts Yr.orerty now ovred by the City of Edina. I have reviewed that agree- ment and have discussed the terms of the sale with 11r. John Palmer, attor =ey for the Church. The Church and Edina are now in agreement as to *_he terms of sale with respect to the following points: 1. Sale price of $22,500. 2. Total cash payment, $6,000. _ 3. The sum of $16,500 to be paid in two equal annual installments of $6,000 each, with a third payment -of $4,500, The exact dates of the respective payments have not been discussed, but this is a minor point. 4. The unpaid principal balance will be secured by a contract for deed and be guaranteed by Robert E. Short. 5. The unpaid principal balance 'due under the contract wi11 bear interest at the rate of 7 -1/2% per annum commencing when the City of Edina has removed the gravel and other debris presently on the property. 6. Edina may rezone the property sold to the same zoning as the adjacent property oiraed by the Church. DORSEY. MAROUART, WINDHORST, WEST & HALLADAY Honorable Members of the City Council Mr. Warren C. Hyde, City Manager Page 2 June 13, 1974 7. Edina will give only a limited warranty deed to the property on payment of the contract. 8. The contract will call for acceleration of the debt. upon any default, and will require the Church to keep the property free of liens while there is any unpaid principal due under the contract for deed. 9. Edina will receive an opinion from the counsel for the Church to the effect that the purchase has been duly approved by all necessary church bodies and that the documents have been duly executed and are binding upon the Church. 10. The.Church will pay all unpaid installments of special assess- ments commencing with those payable in 1974. I am advised that there are no special assessments. The Church and Edina have not yet agreed upon the following points: -A.- Edina desires to remove only the sand and gravel now on the property. 'I understand there is some additional debris, consisting of cement blocks or a pile of,hardened cement, which Edina does not desire to remove. The Church does want Edina to remove this additional debris, B. Edina desires to restrict the use of the property to green space, parking for the Church, and a combination of those two uses. These restrictions Edina desires to maintain permanently. The Church is willing to so restrict the property only as long as the contract for deed is unpaid. C. Edina desires to retain control over-the easement across the Balfanz property to the north. The Church also desires control over that easement and requires that the control of the easement pass to it with the acquisition of the Oscar Roberts property. Mr. Palmer advises me that the Church would like a prompt decision as to whether Edina is willing to sell the Oscar Roberts property. He further advises that the Church will buy only if the remaining points listed at A, B, and C above are resolved in favor of the Church. Very truly yours, TSE /abc omas S. Erickson cc: John "Palmer, Esq. iD/:__ SALES D r'g ( Q U 1 ._J 1 ,.1.. 1 (._f N ..3 S L S E .S,,@ C�__ X (.y S i A N G E S @ S 1 d ., L OC, r."..'s _l.. I( ___Y'6 N _Sl' OSSITE . 1..O("Al i(..)NSQ, �,/NLES 0DA(l._OUISI 1 I(- 1 f N, ), ,­ 41AJ., . BROKERS' 1 V 1 IA\.(_I1� 1,I1C I (_)('A lit_)N� `,AI F_ � ,A(Y)I )1lei FI() 'Se 1 EXCHANGE 4501 minnetonka blvd.- minneapolis, minnesota, 55416 -phone 612/925 -2477 May 31, 1974 To The City Council City of Edina 4801 West 50th Street Edina, Minnesota In re: "Oscar Roberts property" Eden Avenue Edina, Minnesota Gentlemen: As you know, we have been representing Mr. LeRoy Balfanz in his efforts to purchase all or part of the above described property contiguous to his own at 5145 Eden Avenue for the purpose of expanding his parcel and of removing the ease- ment through the property.. Mr. Balfanz no longer has any interest in acquiring the Oscar Roberts property. Therefore, we will not be attending your June 3rd Council meeting. Lark -Brown and Brokers' Exchange thank you for your patience and consideration these past months, and also thanks to the Church representatives for their cooperation. We ask that you continue to consider removing the easement through the Balfanz property-before you pass -title to the Church for the purpose of future marketability. Once again, our sincere thanks to you. Very truly yours, BROKERS' EXCHANGE Helen Brooks Realtor cc: Bob Lark LeRoy Balfanz James Van Valkenburg Warren G. Hyde Pat Finley dealing exclusively in industrial and commercial real estate HB: sh REALTOR" L MEMORA `dDUM October. 11, 1973 TO: Mayor and Council FROM: Warren C. Hyde SUBJECT: SALE OF LAND -- Section 28, Twp. 1_1_7, Range 21 Plat No. 73728, Parcel 3401 The Village purchased 1.35 acres of land on November 2, 1967, just north of our Lady of Grace church, from Oscar Roberts Company at a price of $22,500,00. We needed it, at that time, for the storage of bulk materials, primarily gravel and sand. Later, we purchased the former Danens' garage; and although we are currently using the old Roberts' piece, the availability of the Danens' land makes it less essential. With the opening up of Highway 100 and the various service drives and the improvements to the church playground and parking tot both our piece and the Balfanz' piece, on which are several old frame structures used for storing a variety of contents, become more apparent as eyesores. The Balfanz property has been for sale for some months now, and some of the wealthier members of the church attempted to purchase the Balfanz land with the thought in mind of donating it to the church. The asking price of over $100,000.00 apparently was a stumbling block, and I do not believe there is much possibility of the church getting that property. Our purchase of the Roberts' piece included road easement rights to it over the Balfanz' piece, The easement.is a 12 ft. width through the center. There was also an understanding that the Village would relinquish the 12.ft. center easement for a 7 -1/2 ft, easement on .the east edge of the property. This assumed that there would be a road on the west edge of the church property, running straight south from Eden. This has not come to pass yet, however, and may not under a revised site.plan for the church. Without the church dedicating lard for a road, it would be impossible for the Village to give up the 12 ft. easement. The Balfanz' piece, as it sits now with the 12 ft. easement through it, is probably unsuitable for any real good development. In order to protect itself, the church would like to buy the former Roberts' piece from the Village. By purchasing it, they would then be in a position to maintain the easement rights over the Balfanz property. I feel we should make the land available to the church at the price we paid for it, and have so indicated to a committee of parishioners. Eventually, it would be much SALE OF LAND Page Two more suitable if the church secured the Roberts' piece and perhaps, eventually, the Balfanz' piece and kept them as open space than to allow a continuation of the present unsightly operations on this land. In the transaction, we should require a deed restriction limiting the future use of the land to church purposes or open space. If you have any thoughts to the contrary, please let me know. WCH/hd DORSEY, MARQUART, WINDHORST, WEST $ HALLADAY DONALD WEST RAYMOND A- REISTER 2400 FIRST NATIONAL BANK BUILDING JOHN W WINDHORST, JR. WALDO F MAROUART JOHN J. TAYLOR MICHAEL PRICHARD JOHN W. WINDHORST BERNARD G, HEINZEN WILLIAM R. SOTH HENRY HALLADAY WILLIAM J. HEMPEL M I N N E A P O L I S, M I N N E S O TA S S 4 0 2 THOMAS R. MANTHEY JULE M. HANNAFORD JOHN S. HIBBS RICHARD G. SWANSON ARTHUR & WHITNEY ROBERT O- FLOTTEN FAITH L OHMAN RUSSELL W. LINDOUIST JOHN D. LEVINE ( 612) 340-2600 DAVID A. RANHEIM DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN HORACE HITCH VIRGIL H. HILL MICHAEL A. OLSON LARRY W. JOHNSON TE LEX: 29 -0605 WILLIAM R. HIBBS JOHN D. KIRBY ROBERT V. TARBOX THOMAS S. HAY TELECOPI ER: (612) 340 -2868 PHILIP F BOELTER ROBERT J. JOHNSON G. LARRY GRIFF ITH WILLIAM B. PAYNE M, B. HASSELOUIST CRAIG A. BECK JAN STUURMANS PETER DORSEY DAVID L. McCUSKEY 1468 W —FIRST NATIONAL BANK BUILDING R.A. SCHWARTZBAUER GEORGE P. FLANNERY THOMAS O. MOE ST, PAU L, M I N N ESOTA 55101 DAVID N. FRONEK CURTIS L, ROY JAMES H- OHAGAN (612) 227 -8017 THOMAS W TINNHAM ARTHUR E. WEISBERG JOHN M. MASON JON F. TUTTLE DUANE E.JOSEPH MICHAEL W. WRIGHT ROBERT A. HEIBERG FREDERICK E. LANGE LARRY L VICKREY JONATHAN VILLAGE CENTER EMERY W. BARTLE JAMES ELVESSEY WILLIAM A.WHITLOCK HITLO LOREN R.. KNOTT MART REESE CHASKA. MINNESOTA 55318 STINE ER CURTIS MICHAEL L. E.J. SCHWARTZBAUER .JOHN O REESE C. JOHNSON (612) 448 -4012 . MICHAEL RUCA " THOMAS M, BROWN CHARLES J- HAUENSTEIN - WILLIAM J. KEPPEL WILLIAM J. CORNELIUS D- MAHONEY CHARLES A. GEER JAMES A. FLADER THOMAS S. ERICKSON JOHN C. ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE WILLIAM C. BABCOCK JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E. BOWEN MICHAEL E. BRESS EUGENE L. JOHNSON ($07) 288 -3156 WILLIAM P. LUTHER February 21, 1974 Mrs. Florence Hallberg City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Florence: I enclose copies of my opinion letter dated February 15, 1974 covering sale of the former Oscar Roberts Property to Our Lady of Grace Church. Please insert a copy of this letter in the packets for the council meeting on Monday. TSE /c Enclosures ( Very truly yours, v Thomas S. Erickson DOUGLAS D, McFARLAND DAVID L, BOEHNEN ALAN D. GILLILAND LAWRENCE R. OLIVER FRANK H. VOIGT WILLIAM E. MARTIN WILLIAM H. HIPPEE. JR. STEPHEN G.SHANK ROBERT A. BURNS TONI A. BEITZ MICHEL A. LAFOND BRADFORD L. FERGUSON ROGER J. MAGNUSON J. ROBERT HIBBS OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VANFOSSEN 0 DORSEY, MARQUART, WINDHORST, WEST a HALLADAY DONALD WEST WALDO F. MAROUART RAYMOND A REISTER JOHN J. TAYLOR 2400 F I R S T NATIONAL B A N K BUILDING JOHN W. WINDHORST, JR. MICHAEL PRICHARD DOUGLAS D. McFARLAND DAVID L. BOEHNEN JOHN W. WINDHORST BERNARD G. HEINZEN WILLIAM R, SOTH ALAN D. GILLILAND HENRY HALLADAY WILLIAM J. HEMPEL MINNEAPOLIS, MINNESOTA S S 4 0 2 THOMAS R. MANTHEY LAWRENCE R. OLIVER JULE M HANNAFORD JOHN S. HIBBS RICHARD G. SWANSON FRANK H. VOIGT ARTHUR B. WHITNEY ROBERT O, FLOTTEN FAITH L. OHMAN WILLIAM E, MARTIN RUS SELL W. LINDQUIST JOHN D. LEVINE (612)340 -2600 DAVID A. RANHEIM WILLIAM H. HIPPEE• JR. DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN STEPHEN G -SHANK . HORACE HITCH VIRGIL H. HILL MICHAEL A, OLSON LARRY W. JOHNSON TELEX 29 —0605 ; WILLIAM R. HIBBS JOHN D. KIRBY ROBERT A. BURNS TONI A, BEITZ ROBERT V. TARBOX THOMAS S. HAY TELECOPtER:(612) 340 -2666 PHILIP F. BOELTER MICHEL A LAFOND ROBERT J_JOHNSON G. LARRY GRIFFITH WILLIAM B. PAYNE BRADFORD LFERGUSON M. B. HASSELOUIST CRAIG A BECK JAN STUURMANS ROGER J. MAGNUSON PETER DORSEY DAVID L. MCCUSKEY 1466 W —FIRST NATIONAL BANK BUILDING R, A. SCHWARTZBAUER J. ROBERT HIBBS GEORGE P. FLANNERY THOMAS 0. MOE - ST, PAU L, M 1 N N ESOTA S 51 OI DAVID N, FRONEX CURTIS LROY JAMES H. CfHAGAN _ (612) 227 -6017 THOMAS W. TINKHAM ARTHUR E. WEISBERG JOHN M. MASON JON F. TUTTLE DUANE E_JOSEPH MICHAEL W. WRIGHT ROBERT A HEIBERG FREDERICK E. LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER EMERY W. 8ARTLE JAMES B.VESSEY WILLIAM A. WHITLOCK LOREN R.KNOTT PHILLIP H, MARTIN CHASKA, MINNESOTA 65316 KACURTIS MICHAEL J. RADMER L STINE E. J. SCHWARTZBAUER REESE C. JOHNSON ) 446 -4012 MICHAEL TRUCANO THOMAS M_ BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL OF COUNSEL CORNELIUS D. MAHONEY CHARLES A. GEER JAMES A FLADER DAVID E. BRONSON THOMAS S. ERICKSON JOHN C. ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE LEAVITT R. BARKER WILLIAM C. BABCOCK JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E. BOWEN GEORGE E. ANDERSON MICHAEL E. DRESS EUGENE L JOHNSON ( 507) 26 B — 3156 WILLIAM P. LUTHER ROBERT L VANFOSSEN February 15, 1974 Honorable Members of Edina City Council Mr. Warren C. Hyde, City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re:, Sale of Former Oscar Roberts Property to Our Lady of Grace Church Dear Council Members: The Council, at its last meeting, expressed the desire to retain' the roadway easement over the Balfanz property in connection with the sale of the former Oscar Roberts property to Our Lady of Grace Church so that Edina will have some.control, over and above the zoning controls, on the future development of the Balfanz property. The question has arisen as to whether or not the,City can sell its property to the Church and.yet reserve unto itself the said roadway easement. After researching the above question, we have concluded that the easement presently owned by Edina cannot be separated from, or transferred independently of, the land to which it is appurtenant, namely the land which the Church desires to acquire. 25 Am. Jur. 2d 501, Easements and Licenses §65; citing Reise v. Enos, 76 Wis. 634, 45 N.W. 414. In the above cited case, it was held that if the dominant (the Edina) property is conveyed, a reservation of an appurtenant easement to the prior owner is ineffectual; the prior owner cannot enlarge the easement or retain any.interest therein separate and distinct from the land to which it belonged. (Emphasis added.) Therefore, we are of the opinion that the City cannot sell the property to the Church and retain any interest in the easement.itself. However, Edina may be able to accomplish its desired purpose by the use of a condition subsequent in•the deed to the Church. This condition could be to the effect that if the Church attempts to release the easement without obtaining Edina's consent, or if the Church refuses to release the easement at the request of the City, then the property sold to the Church would revert to the City. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Honorable Members of Edina City Council February 15, 1974 Mr. Warren C. Hyde, City Manager Page - 2 - City of Edina I have discussed with Mr. Palmer, the attorney for the Church, the desire of Edina to retain the roadway easement and of the reversionary method of- retaining control. Mr. Palmer advised me (i) that the Church is not inter- ested in buying the land without the easement, and, (ii) that the Church is probably not interested in buying the land subject to the conditions subsequent which could result in a reversion to Edina. I have also been contacted by the real estate agents representing Mr. Balfanz: They advised me that Mr. Balfanz would be willing to buy the Edina property and agree to sell the Edina property to the Church on the same terms that Edina is now willing to sell to the Church except, however, that the easement would be'extinguished. Sale to Mr. Balfanz, however, would result in loss of the easement and the additional control Edina desires. Therefore, Edina's options now appear to be (1) sell to the Church, together with the easements, (2) retain the property until a plan for develop- ment of the Balfanz property is approved and at that time release the easement in connection with a sale to the Church (if they will then buy it), or (3) sell now to Balfanz with the condition that the Edina property will be sold to the Church on specified terms, and further conditions giving the City some control over development of the Balfanz property. Option (3) has not been discussed in detail with either Mr. Balfanz or the Church and, if selected, will have to be explored further with both parties. Very truly yours, , T o s S. Erickson TSE /c DORSEY, MARQUART, WINDHORST, WEST a HALLADAY DONALD WEST RAYMOND A REISTER 2400 F I R S T NATIONAL B A N K BUILDING JOHN W. WINDHORST, JR. DOUGLAS D. MCFARLAMD WALDO F MAROUART JOHN J. TAYLOR MICHAEL PRICHARD DAVID L BOEHNEN JOHN W. WINDHORST BERNARD G. NEINZEN MINNEAPOLIS. MINNESOTA 65402 WILLIAM R. SOT" THOMAS R. MANTHET ALAN D. GILLILAND LAWRENCE R. OLIVER HENRY MALLADAY JULE M HANNAFORD WILLIAM J. HEMPEL 'JOHN S. HIBBS RICHARD G. SWANS ON FpANM N. VOIGT ARTHUR B. WHITNEY ROBERT O. FLOTTEN FAITH L OHMAN WILLIAM E- MARTIN RUSSELL W. UNDOUIST JONN D. LEVINE ( 612) 340-2600 DAVID A. RANHEIM WILLIAM H HIPPEL JR. DAVID R. BRINK ROBERT J. STRUYK CABLE•DOROW ROBERT J. SILVERMAN STEPNENG.SHANW HORACE HITCH MICHAEL A. OLSON WILLIAM R. HIBBS ROBERT A. BURNS .. VIRGIL M. HILL LARRY W. JOHNSON TELE %'29 -0605 JOHN 0. KIRBY TONI A BEITZ ROBERT V TARBOR THOMAS.S. MAY TELECOPI ER: (612) 340 -2668 PHILIP F BOELTER MICHEL A WFOND ROBERT J. JOHNSON G. LARRY GRIFFITH WILLIAM B. PAYNE BRADFORD L FERGUSON M.B. HASSELOUIST CRAIG A BECK JAN STUURMANS ROGER J. MAGNUSON PETER DORSET DAVID L MCCUSKEY 1466 W -FIRST NATIONAL BANK BUILDING _ R. A SCHWARTZBAUER J. ROBERT HIBBS GEORGE P. FLANNERY THOMAS O. MOE $T• PAU L. M I N N ESOTA 55101 DAVID N. FRONEK CURTIS LRoy ' JAMES H. dHAGAN (612) 227 -8017 - THOMAS, W. TINKHAM ARTHUR E- WEISBERG JOHN M. MASON JON F. TUTTLE DUANE E. JOSEPH MICHAEL. W. WRIGHT ROBERT A HEIBERG FREDERICK E LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER - EMERY W. BARTLE JAMES B. VESSEY LOREN R -KNOTT KA, M NNE OTA CHASKA,MINNES MINNESOTA 65316 MICHAEL J. RADMER WILLIAM A WHITLOCK PHILLIP H. MARTIN CURTIS L STINE' E J. SCHWARTZBAUER THOMAS M, BROWN REESE C. JOHNSON CHARLES J. MAUENSTEIN MICHAEL TRUCANO WILLIAM J. KEPPEL OF COUNSEL CORNELIUS D. MAH ONEY CHARLES A. GEER - JAMES A FLADER DAVID E. BRONSON THOMAS S. ERICKSON JOHN C. ZWAKMAN 1I5 THIRD STREET SOUTHWEST WILLIAM A JOHNSTONE LEAVITT R. BARKER WILLIAM C: BABCOCK JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E BRWEN GEORGE E.ANDERSOM MICHAEL E. GRESS EUGENE LJOHNSON (507) 288-3156 WILLIAM P. LUTHER ROBERT L VANFOSSEN February 15, 1974 Honorable Members of Edina City Council Mr. Warren C. Hyde, City Manager City of Edina 4801 West 50th Street , Edina, Minnesota 55424 Re: Sale of Former Oscar Roberts Property to Our Lady of Grace Church Dear Council Members: The Council, at its last meeting, expressed the.desire to retain the roadway easement over the Balfanz property in connection with the sale of the former Oscar Roberts property to Our Lady of Grace Church so that Edina will have some control, over and above the zoning controls, on the future development of the Balfanz property. The question has arisen as to whether or not the City can sell its property to the Church and yet reserve unto itself the said roadway easement. After researching the above question, we have concluded that the easement presently owned by Edina cannot be separated from, or transferred independently of, the land to which it is appurtenant, namely the land which the Church desires to acquire. 25 Am. Jur. 2d 501, Easements and Licenses §65; citing Reise v. Enos,. 76 Wis. 634, 45 N.W. 414. In the above cited case, it was held that if the dominant (the.Edina) property is conveyed, a reservation of an appurtenant easement to the prior owner is ineffectual; the prior owner cannot enlarge the easement or retain any interest - therein separate and distinct from the land to, add which it belonged. (Emphasis ed.) Therefore, we are of the opinion that the City cannot sell the property to the Church and retain any interest in the easement itself. However, Edina may be able to accomplish its desired purpose by the use of a condition subsequent in the deed to the Church. This condition could be to the effect that if the Church attempts to release the easement without obtaining Edina's consent, or if the Church refuses to release the easement at the request of the City, then the property sold to the Church. would revert to the City. DORSEY, MAROUART, WINDHORST, WEST 8. HALLADAY Honorable Members of Edina City Council February 15, 1974 Mr. Warren C. Hyde, City Manager Page - 2 - City of Edina I have discussed with Mr. Palmer, the attorney for the Church, the desire of Edina to retain the roadway easement -and of the reversionary method of retaining control. Mr. Palmer advised me (i) that the Church is not inter- ested in buying the land without the easement, and, (ii) that the Church is probably not interested in buying the land subject to the conditions subsequent which could result in a reversion to Edina. I have also been contacted by the real estate agents representing Mr. Balfanz. They advised me that Mr. Balfanz would be willing to buy the Edina property and agree to sell the Edina property to the Church on the same terms that Edina is now willing to sell to the Church except, however, that the easement would be extinguished. Sale to Mr. Balfanz, however, would result in loss of the easement and the additional control Edina desires. Therefore, Edina's options now appear to be (1) sell to the Church, together with the easements, (2) retain-the property until a plan for develop- ment of the Balfanz property is approved and at that time release the easement in connection with a sale to the Church (if they will then buy it), or (3) sell now to Balfanz with the condition that the Edina property will be sold to the Church on specified terms, and further conditions giving the City some control over development of the Balfanz property. Option (3) has not been discussed in detail with either Mr. Balfanz or the Church and, if selected, will have to be explored further with both parties. TSE /c Very truly yours, J T o s S. Erickson January 11, 1974 To The Village Council Village Hall 4801 West 50th Street Edina, Minnesota In re: '5145 Eden Avenue Edina, Minnesota Parcel 3403'- Balfanz Gentlemen: It is my understanding that in your meeting of January 7, 1974,. the Council reached a decision to sell the Village -owned property (Parcel 3401) adjacent to mine to Our Lady of Grace Church for $22',500. From time to time I have expressed an interest, through several real estate brokers in acquiring the property, for the reason that my parcel does not meet the minimum 2 -acre requirement under the existing PID zoning; also there is an easement running through the center of my property in favor of the Village -owned property. I was hopeful that this easement could be released by the Village at the time of a sale, whether it be to me or to the Church. I now'find that the sale has been approved and that the Village of Edina has made no arrangement, under the terms of the sale for such a release of easement. I presently have a purchase agreement on my property.,contingent upon the new buyer being able to use the site even though it does not meet the minimum land requirement; and also contin- gent on the removal of the easement running through the property. It puts me under a particular kind of did not have the opportunity to bid on prior to your sale to the Church, and in jeopardy. hardship, in that I the Village property the sale of my property 13,1 -Brown &ASSOCIATeS INDUSTRIAL /COMMERCIAL REAL ESTATE SALES AND INVESTMENTS 6135 Kellogg Avenue / Edina, Minnesota 55424 Phone: (612) 922 -6557 DAVID W. BROWN ROBERT F. LARK Home Phone 941 -1532 Professional Engineer Home Phone 9,4.1 -7030 Page:2 To The Village Council I ask that you consider either selling me enough land to complete the minimum land requirement or give me assur- ance that the new buyer will be able to use the property in its present size. Also I ask'that the Village, prior to its completion of the sale remove the easement through my property, as the Church already has access from Eden Avenue by way of its own road running parallel with the easement through my land. Consequently there is no longer a need for access through my property.. The Church property abuts the Village property on two sides. Your consideration in this matter is respectfully requested. Yours Very truly cc: Warren Hyde Robert Lark Tom Erickson Helen Brooks Jess Cohen Richard Olson T117t R. 2® ie , S C.1;8,' . ',r? 24 O• 1021 Z544, MCA I. MINN Qv A � � __ - - O ice✓✓ r r '� o� �. A� -4� �p0 I ,v.,h• __ - -_ -- i •i Sg'b5' I _ Lei _ _' �.: {G1�1�.. ill lG •. _6F N Ij AC r V � V �• y A L f NO. 1701 °.F `/ r• - 3,` "Y� N ♦ o ' f i C .. a. \ U w . I e I � iR00K LANE , N:I _ x \ ^` � .•. � � t ti J ,..J 3•_ ' co 0 ARCAOIA o N. In. It . r QI a _• ry„ a ° I Z � .� ' � Jm m' �° wr m ♦ old I e n e` ^' N = E u U' f O J �• ° i0� KWA A A N - - - #_.� — AV E. Go ! '(O'!J'i St:• .J. �. ur RCCKSIDE - .:1 _ A 1 1r S° se ati av,00 `o g 6 `10 _ ' N. � ♦ N.I u.l w, m• P. - �' i r'..� ", ` (�� >5i + a�59 6, N m O S•" a>+nl :. ` I(ozol era c/� )1 ° � • x`+ _ ' i r. m�p N a : a ' it . a . s ' p"� G 1 reG.� .. wo rlh � " � i -` rr N N' iV .J J �,.; N.r•e:Y' / P wl7O• I N fJf' ° �-' 'r1 +'.. c :t : ' N ri D r � j O IK `` SUMMIT UTLEDGE'z S�� Y° a Ta- _v °!;i _ w m m o - _ ` r �� S e ,�rr:Jf.r - N 0 a I•!" -` 3 ! ;Sr 5r 75t. 51 )o � E= r.h ; - N : r ♦ � i ; N � �� S f m Y r e I r r • Ar.`ai y fO �2 i y N, � i ?W? �r t w : t.f z w\ W ' S �_ c- + ,� o S• N N I e N't A r ^. ' ��► �. ' a o v v ♦ m o w m P - - sr ° 2e1 22 M AVE. cri I 3 � a ^ \RSt e•1?G1: cY g t��zi NANKERSON • W so s• aol3• .,. x ` .. (2205) • s 3 « n n i — u? o? k �� $ SHERWOOD ROAD M O )f Ac. 20 it f• 10 o a I `!,a i• °.� N._ ~ ` 3• ;0) 0l7.k h e f ° ♦ A 4 N 8 e ffi. n t' J �, FOa'SALE 5145 Eden Avenue, Edina, Minnesota LAI'K-BPOWU &ASSOCIAMS INDUSTRIAL /COMMERCIAL REAL ESTATE SALES AND INVESTMENTS ,�• 6135 KELLOGG AVENUE / EDINA, MINNESOTA 55424 r PHONE: Area Code 1612) 922 -6557 4 4" 4. 1, '. t .- fi SPARK M.neo. y o1T� It - ?; .+ �, lSey, ;i�{�'�+��7'�- .ipy�� �i •d.. UAW T'� '7 �f '�.. 1 � 1 4 �9 (TURN OVER FOR MORE INFORMATION) 4 .SUBJECT PROPERTY " EGINA COUP PLOT PLAN (without buildings) (i.aeo %Q 1 ' �• �. N ` � OI m ♦ . a Go ri °I t al m cs x ml 31 n N I 154.51 I I (Village Property)) CAB SERVICE 332 -7171 AD14 INISTRATIVE OFFICES 332 -6341 MINNEAPOLIS AND SUBURBAN YELLOW CABS — AIRLINE LIMOUSINES S P1011-14 flu" YIETITIOWTAMCOMPAW Of a, lznnea)11OZz -'s OFFICE 127 1ST AVE. N.E., MINNEAPOLIS, MINNESOTA 55413 June 12, 1974 Mr. Warren Hyde, City Manager City of Edina City Hall Edina, Minnesota Dear Mr. Hyde: I know everyone is aware of what has happened to gasoline prices. Our cost of gasoline has risen from 11.81 to 30.3r,l exclusive of State and Federal taxes. We must now ask for authority to increase the cab fare as follows: ��Youre�f c Y CAB 1. Sixty -five cents (.65) to seventy -five cents (.75) as the minimum charge. 2. Forty -five cents (.45) to fifty cents (.50) per additional mile. The above fares are minimum rates around the country, as the standard rate is sixty cents per mile. St. Paul has just approved this rate. We expect Minneapolis, St. Louis Park, Bloomington and Richfield to also approve the requested rate in the near future. Very my yours, Ja F. Daly, Jr. ecutive Vice President JFD:an 2. If "YES" check one: State Audit Agency Aok Certified Public Accountant 4 ❑=� Public Accountant ❑ Internal Auditor �t Other (Specify) 3. Will audit of revenue sharing funds be made in accordance with ORS "Audit Guide and Standards for Revenue Sharing Recipients ". (Oct. 1973)? - YES NO DONT KNOW' increase in rate No effect on tax levels prevent enacting a major tax • He IN akyj pill I If MM If F.1111 lag IV • 0 ©D0 O ©m0�omm i� ® PLANNED USE REPORT W ®mMM GENERAL REVENUE SHARHl�u Z General Revenue Sharing provides federal funds directly to local and state governments. The law requires each government to publish a report of its plans for the use of these funds to inform its citizens and to encourage their participation in deciding how A the money ought to be spent. Within the purposes listed, your government may change this spending plan. OD PLANNED EXPENDITURES THE GOVERNMENT OF 0 CATEGORIES (A) CAPITAL (B) OPERATING / MAINTENANCE (C)i! J/ lti 0 ANTICIPATING A GENERAL REVENUE SHARING PAY - Ito 1 PUBLIC SAFETY S ■■■■■■■■■■■■■■■■■■ S 6 2 ENVIRONMENTAL S MENT OF l ft -/ S FOR THE FIFTH ENTITLEMENT PERIOD. JULY 1, 1974 PROTECTION 0.0-i THROUGH JUNE 30. 1975. PLANS TO SPEND THESE 3 PUBLIC o TRANSPORTATION S �r Td $ FUNDS FOR THE PURPOSES SHOWN. VACCOUNT NO. 2-Lp �Z .(7'2-7+Qft?� 4 HEALTH $ ■ S�'�jI ■ 5 RECREATION S ■ S ■ 6 LIBRARIES S ■ Sjj ■ 7 SOCIAL SERVICES FOR AGED OR POOR S $ �jA/1�� 8 FINANCIAL ADMINISTRATION S $ The news media have been advised that a copy of his report has been published in a local newspaper of general 9 MULTIPURPOSE AND S irculation. I have records documenting the contents of this GENERAL GOVT. eport an they are open for public scrutiny at 10 EDUCATION S - - 11 SOCIAL $ S A ES(Referto instruction E) DEVELOPMENT sst� t Secretary of the Treasury that the non- discrimina- 12 HOUSING & COM- IlLby o and of tatutory requirements listed in Part E of the MUNITY DEVELOPMENT S nst do acco nying this report will be complied with thl rec ernment with respect to the entitlement 13 ECONOMIC S unds re rte a on. DEVELOPMENT 14 OTHER ISpecify) . - S Signature of Chief Executive Officer 15 TOTALS S o rs Name & Title— Please Pri Date BIPORTANT: THE UPPER H . Ii PA E MUST BE PUBLISHED (SEE. IN R CTION H). not requi . d tl lower half of this form be 'shed. (F) AUDIT (Refer to instruction F (G) TAXES How wi the ail ility of General Revenue Sharing funds 1. Are your accounts au affect the %x leveL.0of your jurisdiction? Check as many as YES [] NO apply. ' L Will enable red g ra Will reduce amount of rate fa major tax increase of a major tax 2. If "YES" check one: State Audit Agency Aok Certified Public Accountant 4 ❑=� Public Accountant ❑ Internal Auditor �t Other (Specify) 3. Will audit of revenue sharing funds be made in accordance with ORS "Audit Guide and Standards for Revenue Sharing Recipients ". (Oct. 1973)? - YES NO DONT KNOW' increase in rate No effect on tax levels prevent enacting a major tax • He IN akyj pill I If MM If F.1111 lag IV • 0 ©D0 ©m0�omm ® ®m ®mMM ■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ 4. Your Fiscal Year ends on �(H) PUBLICATION IRefer to instruction HI The upper pan of this report was published in the following Name of Newspaper: newspaper on the stated date at a cost of S WORK SHEE7 Date Published 0 T1 X t9 U) cr -n -. C -z m3 �..Z [DD - -1 W � N N to 14 June, 1974 To.11ayvrand Council: Subject: Retirement of Ben 11;oehler, later Superintendent Ben Woehlerts retirement is effective June 30, after serving ince g 1944. For-several years he held the titles of Water and Se:•rer.Superintendent, and Building Inspector. Since 1956 he has concentrated on being i,ater Superin- tendent. Under his direction, the department has grown and prospered, and with the completion of required wells and storage capacity, the system now, serves well the needs of the community. :*.bile outski.de consultants prepared the master water system plan, now substantially cowplete, Ben's practical advice and knowledge was utilized extensively. Ben spent many unreported and unpaid hours on .,eekends and evenings getting j .readings of chronic "not - homes" and collecting delinquent bills. Reestablished ' an enviable record of low delinquencies. He ran a relatively small crew effectively and firmly. He was primarily responsible for operating a X500,000 business with little need for top management to become involved. We, and I think you also, re- � I .ceive few complaints on the water departmai -t. His current salary is y71271.83 per month, or N151262 a year. This is the same as the three principal assistants in the kngineering Department receive. Trey, however, received much ::ire overtime in the past.thaa Ben did. The rLRA has calculated Ben's pension at 381.63 per month. In addition, he and Mrs. loehler will receive Social Security pay- ents of *237.20 and ?113.70 respectively,-for a total of X732.53.. . � f Bob Dunn and I have given considerable thought as to how best fill the .vacancy. ae explored the possibilit,,, of setting up a position of Ass1t Supt of Sewer and - ila.ter under Adam Batko «nd considered some possible candidates. 'Pie also considered maintaining the duties about the same as Ben i:as had. LeRoy � Libby, a most satisfactory- employee since 1956, has been :dater foreman under Ben. He spends all of tiis ti.:e on outside natters - pupnp and .,:ell' maintenance, distribution lines, hydrants, meter recairs - - upervising a crew of 3 maintenance i P r ign and 3 meter readers. Mrs. Evelyn Kjos handles the office details, billing, service requests, account changeovers, etc. Ben has spent probably half his time in the office. After considering all factors concerned, we are promoting LeRoy Libby to I -later Superintendent, and, for a trial period, he will spend some of his .time in the office on a scheduled basis, inasmuch as lirs. Kjos revdres frequent contact with the Superintendent on various problems which arise. Ben has graciously offered to help in any way he can to make the• transition work., Although Libby has filled in for Ben during vacations and one extended period when Ben was ill, he will still need to call upon Ben frequently-for some time. In view of this, i strongly recommend that we retain Ben as a `consultant at not , -wre than $150 a Lonth or the maximum he can `receiveii :without losing YERA or 'Social Security, for a period of two years. He was never over paid during his.irorking years, and he should not have to volunteer his services gratis. The department has neexly 11,000 customers. In 1973, there were. 111+.2 changes of occupants and 1400 Meters repaired. This is the only/ity department still operating on 1950 rates! l arren C. HT e City i�tanage v _ Q June 12, 1974 Residents of Fountain Woods Apartments 6550 Vernon Avenue South Edina, Minnesota 55436 Dear Residents: On Monday, June 10, 1974, we received a letter from eight of the residents at Fountain Woods concerning several matters of concern regarding your homes. On Monday,evening, June 10, we held a meeting in the party room of Building No. 1 for the purpose of the residents airing their complaints and to give us an opportunity to reply with a definite form of action to resolve the problems. Those in attendance from Darrel_ A. Farr Development Corp. were Darrel A. Farr, President; James E. "London, Construction Vice President; Jack Dielentheis, Project Director; Lars Anderson, Superintendent; Red West, Construction Superintendent; Tom Backstrom, Property Management Director; Keith and Karen Johnson, Resident Managers; and from Jerry Baer Plumbing and Heating, Jerry Baer. There were general complaints that we tried to handle in a specific way. There were further specific complaints that were listed in individual apartment units that will be taken care of immediately. There was also discussion regarding policy matter and procedures such as pool hours, bus service and security details. Tom Backstrom will research these matters, take a consensus of the opinions of the residents, and take appropriate action. The bulk of the problems related to the following categories: 1. landscaping, 2. completion of outdoor amenities, 3. storm drainage into the garages, 4. air conditioning and heating. VARREL A. FARR ��LC)P/VIE CORP Offices In: Denver, Colorado • Albuquerque, New Mexico Executive Offices TELEPHONE 612/ 560 -8110 2810 COUNTY ROAD 10 MINNEAPOLIS, MINNESOTA 55430 Residents of Fountain Woods Apartments June 12, 1974 Page 2 Regarding the landscaping, we are sympathetic toward your desires and toward what you deserve and have been promised. I am sure most of you can appreciate, because of the weather this spring, that it has been next to impossible to commence the sodding and landscaping activities. We have started landscaping procedures intermittently.for the last four weeks and are again proceeding today (the second day in a row without rain). We will complete the landscaping as rapidly as is physically possible. The outdoor amenities are as important to us, from a rental economics standpoint, as any phase of the project. We have a plan for the pool- tennis court area as well as the parking,lot decks, and will commence that work simultaneously with the landscaping. The storm drainage is a very sticky problem for us. However, it is not without resolution. Our integral storm drainage system is adequate for our project and has been approved by the City of Edina. However, because of our physical location, the storm drainage from lands to the West, Southwest and South drain into our project. Our storm drains are not adequate to handle the burden from other additional lands. Mr. Jack Dielentheis'will be working with the City of Edina.and adjacent landowners to resolve this problem as soon as possible. The air conditioning, heating and ventilation system has been designed to provide climate control from a central system. As you are all acutely aware, it has not been functioning properly up until this time. This has been due in large part to the unavailability of mechanical equipment. The first building is now operating on the air conditioning cycle. There are still some grills and miscellaneous mechanical devices to be installed in the first building. Further adjustments and balances of the system will occur as they are required. Your feedback in this matter as to the effectiveness of your system is requested. Jerry Baer gave us a timetable at the meeting for the completion of the second building as follows: 1. the air conditioning in Building No. 2 is to be operative by June 21, 2. the garage ventilation work, to permit use of the garages by the residents, is to be completed by June 25. Residents of Fountain Woods Apartments June 12, 1974 Page 3 We appreciate the opportunity of meeting with you regarding our mutual problems and goals. We will try to continue to have an open ear to your interests as to the remaining completion of the project and its continued operation. We feel we have, in our construction, a luxury apartment project. To this end, we have incorporated the best quality materials and workmanship available. We feel the residents we have attracted, and will continue to attract, deserve the quality we have incorporated into the project and its superior management. We will continue to work to the best of our ability to bring the construction - related problems to a rapid conclusion. Very sincerely, DARREL A. FARR DEVELOPMENT CORP. DARREL A. FARR President DAF : j g cc: Honorable Mayor James Van Valkenburg & Council Members City of Edina 4801 West 50 Street Edina, Minnesota Minneapolis Tenants Union 1513 East Franklin Avenue Minneapolis, Minnesota _ � , .L -7 1 unP4 Farm deve.lf)r'X7r -Ri Co. 3Y1O County Road 10 "k nn a, "inm. 554 30 fi17. Oannel 11. FaAA, PIL �+Fe #h.p uririen:�ig�a� aepneoenfalive roalrt.ieo o? tenzrt,tA rn _ :Me. Fvun,t_ainuvod-o r�roan tm!�rr� Bui.L l nn c m- -., iy c 6650 V eluu)n Ave. So. cdiruz, ll&" h.eAeby ane advt�i)Lnr you .f.�a, un,�i,L u #�uh.L a�.ea i.a?ac &)zm c`�.or_c: lion �evReA e: T..t d br a r r. you when we '14A?d .lea..sd, We.:r1iL1 IOA()Pr<n ony (LuA l --e-A nerd cr.L we. e b P cum— Pen ja.fed on aen.t �ha_t hC14 r er!;L fi been paid �vn Key and r7un.r. un:tii r td, co.-PPl lance ( ku Sean m.-I on o:ln (rJ1 .- e!vencez a,) inLlicuied .lal -m in .E I'Ll .L?�t.feAe. A Co.--)y o tl:L�.� LNtfen /za.� b�Nn : ai�!Prf to tea. ;I(r:TeA :on- YU�'e72a!lRCf' I`r(1!`JfJJJ/L UL (C!Lnl7., anr• �o ,L".e couaci� i, .6p- bl.q. (110_ rJAe_ a.(_,�o 4 e, id inn a co, )., j .to M, e inn eCLfk)li-4 1 enc- -L-Ed Union a ih,Zag ton ALL �r%e.-L,) a.a .!o lh-e Po.Lzc.•! or YAe daaliel A Fana %1- Ve-6,9mPnt Company to ffoua nr�L1�:,L /Leg,-, -t aerT,(i#ivn in the New,,)Bdrnea arLVeJtXL4PJ?C'nt,3 an(f cforut B/tocA'u', -A. 3. is veywnd owc Co'm xeiea4ion aA .to a)h,! .Eenrn,E.o am 6e.ing. aAi.t.ted into 'Me 92 Bui-L(!in'9., 6`1 n. 10 Veaon rive. So., 4nrr nt con.)tAUC.ii.c)n VnAAa on in &,a o.IA. --A brz.i.Llinp wh, -n Pie , =robe bu.i ldtnq 4A no.t ru.Lbj cvmpl eteaO - ::'_ /Lave eu!°I.eal-d r �cr:LL memla.LLr. and �inanciat 4.ia cc P, ,; r/i we Ai T eul 7LPa-dea w.c A yf u z lvm,),zrc j. wIc acce-ple. , in good wh.�xi rsQiJ ne�nP�ented b: 7ou:t / ri:..a( n el�eisen.frctivr MIT. Pu).,=4 Bach,,)uwm, arVi youa Sal-,-4 hl,,rZL ?er)Re,)PJLLtZ-c- r it,). .�vnv the !� o G�;. Coia!J LauLtn ,h,d been mria e_ :Eru zt e Dina L3u.L& -I nc .7n. i2erjon and Ilse (mod na Al to mey'.4 U "T,ice r?(LZLnr) oac ,to .tr;.e a.LL o o Nora/ we czAa r!et er. TirLec: zv Ecize ruhrzfp'J}�L (zc.tion i-4 nece'jvtAy. lo bn.inp. abou� (neAt( Lf e .thai r ri tL a.4,}une ate'L o f u.j Wie com!oAl convrat•Lenc#' and q zol ca-ion .L : -a -t v-" n zor ziAwl r 7 ,r ; ( r n U4. .?n ;Fours ruonr�q Co:rriunifrf Livin.rY- -Live IL';e a K.inr,, Le Berl .litu,E .rho_ ovP�ta,�.I ron4llulcE i.on u' r.u,✓la et-l"! f i.o not O �Lttr. C()/Tl'tlC1 °Ci LR UR ?r �; �LCG�'n t %'nJinC'lt. %.^ '!t �' .T'r v?. bpen u/' zz , e 1,201: 00"' ' ��RU,I +- /t.O'!.)' in r'. .�!:•• "ti•.:2 V Li.'O/T L C:,�'):�r°i i ,_', ?J C. eA;.()1t/1 OA Cl)n i-nl.'(TI lz li: arl on i!!' ' -CIA ( it rll? (," P. ft/TU+ �P/ T/J, r; w E nG'/Zr/ "•. �?,1, ( °.(LnCrr� ? UL ..(J/( •- an'- U. -I i P'iZt(i 2 !LCLV1- r!!a- no' , !! �: -t n.1.0 OU2 Q� "H)!r�J1: �" 't.; %'•'!LE/J 1)eC(7. U•1 °. U % c1: e -10CP U ! �'Zn(hC!:471.2r�,, no QIR- CC)R_.Et_1 L:1r,(Ji,.,, , •!LCL 'P.C��i) ! ) Ln f; r ✓ ,T�i.'.�lnl, [ln.l r4, Ln %'..�•! .,..qr! E�PtZ 4M �O i:'�)� l M e. U� .1s+ .1<? /jiLnr; iT'�/1.t�'.7f CfI(�E`� (:.. "'�.�l�!)i. rt.i !L Ra .�1 1. 4Jn. G') /fi }.(AI!(' % <.'In il'.!.l '.(.))1/I!'1'::i ('U!L <1'/.TJC< "l-oft .Lit !Io, it,?!jJ(E...,.)r�t f "Ll.i� rru r,('(let,VJ to r) z4,!or}/t -10(-C ' i ^ ^. .'r,ry n.v.t. Gen iA"I vid'lal CUfftfJl ;i&I ,J. loin c'le 1.0, —y ate aAA(_Ulf "1-L r Lv rna.�e a }}'.ive 'Solt.* bui'L�& r 6, c u, ins down -to Ea,Je -n -n;_ . V,-t Io .take aravrtn1ru-'.45 v1 a .fr,x �i..Zr, WAY now? now? We a/tl,_- al "o of- .f.2P vr�cn ion fiat l ate YtPn t ,p)u as e nv_Geivtlr� Li m_o2e .l:1.arL aciP�uaie fva c .�aE ue aao aP_ce<vin:1. OuE uruie&dlanti vu ase ev nru.�trtx .f�;r_m. f ='c c, at n e_atlJ P..C&z4 e :f . yoult PavrnPI a jjitance. -. S t�A �rtl��A eLl- t,Qlt�1. l "1 g V Vv ' .' :?ayv2 yr K uc cc, A G "inrt Counc-.i i rL'�lL�a'1U i/1J �P.rUZrtfq �'rLC.OR Please note: We direct none of these complaints in regard to'your Resident Manager, ,'ors. Karen Johnson and her staff. In our opinion she and her work force have co- operated in -the best possible manner with the limited authority they have. Mrs. Johnson has tried to do an outstanding Job. We all feel she is not only a fine person, but also most capable and can do a better job if she is given better co- operation by your Company. the mansion r -�-- with � , country club may.' living . ...:. _.. err Stately and serene ... quiet and unspoiled! A country estate complete with gate and gatekeeper! Fit for a royal pair ... where the king's court is the queen's desire. Where m'lady and his lordship can keep fit in the handball, racketball, volleyball, basketball or tennis courts or by putting on the green; relaxing in the party or game rooms, sporting a swim indoor or out; joining guests in a socially planned event, parking the carriage in the heated garage and shining it up in the automatic wash. Or m'lady may desire to please the family with morsels from her all convenience kitchen, complete with ice making refrigerator, under the illuminated ceilings. Then to relax in the sunken living room with fire in fireplace and retire to a recessed bedroom (in some plans only). All this under m'lady's choice of decor, set to please m'lord's fancy. Want to feel important? Try Fountain Woods in the spacious fields near Nine Mile Creek. Exclusively for you ... adult only areas! W o studio • one • two • and three bedroom rA RELA . FARR MODELS OPEN DAILY LOPMEM CORP tall: 933 -2506 n.e. corner of crosstown and county road 18 Another'Uncommon Apartment Community by Darrel A. Farr ) e 7 1", -? A, j,4 un / F &.ina Villajae- Ilrdl Alono.,zab•e Mwjwt ,,,7cne4 Van V,-,Aen6a,% Co un ca v pe an P- 4enjL.'A-rUZ you a rpniz of e., j,-- 1:L exo1ana6)n Y-. 41- 1 UA' tlyeA d- AO Coll ?ialenj- J7 4' - -va.0 kave- 11 al. oulL n.ej,, /te-ji-a-tnce J-r-a a -n 1.'?i.d '601EI o! 11ZOU6 le.. u.- Aad b,-�, vijed -Plal- ih-- %Wina Pui-Uin.f,- Cod�! and, X'.,culq-U,)nj 1!,-se the a -w :, 1,4 e r �j,! .1 r -an ea: no, %A at i.4 on,- of ,Y?ove(. tAlo CIA e- a. have br!-n ac4u-,j-lam.,?c! to A"Ev.L"n�, t-n 1-i rz,-� -oze4 A and A.',),LPy , to lr,. .06� Pel aciv, nO4V.lp Aotiol'I'd Z'Arj,l tlA-:;,-1 I., e. IL buij,,1n rtO tic., U tl�d ly lr;,? e 0.� ';0- 'L4 I*rz -ZAt ji "JJC,�j t7 4-4 pA e vLleru APA' ? P,,anq "AOCLUIP-A Of 011A4 I V-' A?/7e- 4-n afro., Cf YVI 0. V4-p cd aUov., 6 e-,h e v e fa! e e cy 01 , "icildj O-S -(,L:(7, the Unju-)i invorzvpnxr�re 1,-o! /Z &_ rpj eA en. .1. 1 . : . 'e t.7,112 / 1011/t PAO,.I.al aA /rLi.,. mul ;1411 ctpno,01"Cl Fry ,-, om..�),,M y in. 1, A. e!- C!atA,Ln �,Aom UA even 'b"'oue)"t lbej �,O.ve- nat U,!,! 4. sod )""P.ia end ol JAe twnlq,7rl' i,4 no cond ual"ll in aft e "! 'i-C i .;e7VA in un,f iTA r, v2) OR m fz ron lillu CA e- UMA '111-Ir-tion de'`eclj, !lZain-cly.-.e. r-)/z,.)6 tn(, n "'K a 11141, 1", t /Z otflz AI lo r e.f ,, 4 . . _no It Ob I CA 11 1 L 1) I-• lo v no." !:/`('' -L! - J Op - n /,i o" /-,.,-,wt L! Ukl- (�RP,S(j.Jri, rc:cc. w1a.1» - - - L l�uvr_ nenf b,e ae�:i_:�teao�l mai.j 0,'L 1 u o ' /,(n,.,oubte ; .jl� CA .jej e- xn.iQrtCL uR,. We a,,f; Ln ' fnit r vtuu' cc , e j �.ruz� fv�. -i SinreAel!l YOU/ M, % e�t.rinfA v l- vurt.'rzifwv.) �cj : i! x, /z :renf.j S jl) l'e/tn'vrt 'v Jv. , t`runn, :�Jtnn. vu lit.. UwtL�, . CITY OF EDINA June 6, 1974 TO: Mayor Van Valkenburg Councilman Courtney Councilman Johnson Councilman Shaw Councilwoman Schmidt Mr. Hyde Mr. Dalen SUBJECT: Quotation of Electrostaticly painted office furniture. In the remodeling budget, a figure of $6500.00 was .included to refinish the existing office furniture. -- -- Because this budget was approved, I overlooked the fact that the painting portion of $4221.36 should have been approved by Council last Monday night. At the present, I have a crew of people ready to start and have the entire job finished by next Friday. I would therefore appreciate your approval of this quotation. If you can contact me before tomorrow evening with an approval, it would be greatly helpful. TOM MELENA Employers Insurance of Wausau 7450 FRANCE AVENUE, SOUTH • EDINA, MINNESOTA 55435 • PHONE (612) 927 -7941 MAILING ADDRESS • P.O. BOX 1357 • MINNEAPOLIS, MINNESOTA 55440 Mr..Dalea June 14, 1974 City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Dalen: This letter will confirm our recent conversation pertaining to various insurance subjects. First question concerned liability for Public Officials. Employers Insurance of Wausau has extended your comprehensive general liability policy and your umbrella policy to cover such a situation. You will notice that endorsement number two to your general liability policy reads as follows: "This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: Comprehensive general liability insurance - municipalities - liability of officials. It is agreed that the "persons insured" provision is amended_ to include any elective or appointive executive officer of the named insured any elective or appointive executive officer or member of any Boards or Commissions of the named insured while acting within the scope of his duties as such." Therefore, it would appear that the City Council comes under this definition and they would be protected up to $300,000 Bodily Injury limits and $100,000 Property Damage limits under your general liability policy with another layer of $3,000,000 coverage above as provided by your excise umbrella policy. Another question pertained to voluntary workmen's compensation for the, City Council. They can become statutory employees under the provisions of the Workmen's Compensation Law through the adoption of an ordinance or resolution to that effect. Their payroll would be assigned to code 9410 - Muncipal, Township, County or State employees N.O.C. The present rate for this classification is $1.95 per $100 of payroll. We estimated the annual payroll for four Councilmen and one Mayor to be $13,200. Annual premium would be $257.40. If this coverage is desired we will need a copy of the resolution so indicating and coverage can be added to your present policy by endorsement. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN - EMPLOYERS MUTUAL FIRE INSURANCE COMPANY - EMPLOYERS LIFE INSURANCE COMPANY OF WAUSAU - HOME OFFICE: WAUSAU, WI�I,V NSIN ILLINOIS EMPLOYERS INSURANCE OF WAUSAU - PRINCIPAL OFFICE: RIVER FORESF, ILLINOIS - r Mr. Dalen -2- June 14, 1974 Another question pertained to liability protection and workmen's compensation for various Edina Athletic Associationsworking through the Park Board. I agree with your ideas that a separate Association or Corporation including all Associations carrying their own insurance coverage is probably preferable than adding coverage to the City of Edina policies. As agreed, this problem will be researched further. If you have any questions pertaining to the above problems, just let me know, Jerry. . Sincerely '• i GEK - TC /hc22 George E Krueger Sales Representative H C OWELL INC PEILEI�, SARBAC � 605 PIONEER" BLDG., ST. PAUL, MINNESOTA 55101 PHONE 227 -8324 May 24, 1974 Mayor James Van Valkenblarg 4801 West 50th Street Edina, Minnesota 55424 _ Re: Public Official Liability Dear Sir: ole are all painfully aware that public officials can be held personall -r liable for their acts. For example, on April 17, 1974, the Supreme Court ruled that families of students killed and wounded in the 1970 Kent State University shootings can press federal damage suits against Ohio officials and Uational Guardsmen. TJe also recall the case of 'inneaoolis police of- ficers T,rb_o were fined several thousand dollars each for 'certain unauthorized actions. Now, Reserve Insurance �o. of Chicago, �.11inois, offers a oublic official liability policy. This policy protects the public official, public employee, and the governmental unit itself against loss resulting from actual or alleged "Wrongful Acts" committed by them. de recommend that you look into this matter at your -neat council meeting. Public servants are entitled to .good protection against liability lawsuits.. See the brochure attached. Call our agency for a quotation. Yours truly., PEILEN, SARBACH ?z CrJrJJ"Ll, Ii\ ?C . W. T. Cowell, CPCJ T,7r.: s11 , En:clos ..i.re INSURANCE COMPANY OF NORTH AMERICA Life Insurance Company of North America • Pacific Employers Group Kent d fir @YpSTif�'GTO`. A p r 11 17 1 against U. S. ground forecs nwil —The Supremo Court being sent 1100 Cambodia. anled today families of stn- A t e d a r a:I grand jury In dents -killed and wounded in i Cleveland on larch 21 indicted be 1970 Kent State University eight former ;rational Guards- shootings can p r e s s irderal I nien on •charges of violating damage suits against Ohio of-, the civil.rirhts of tbM killed iiiclah and National Guardre or wounded- MOIL THE GUATIDS1IM. an en- 'Two lawsuits bad been dis• . listed men. acre charged with missed in tourer courts on tho ; - willfully assaulting the intim- s � grounds that the state of Ohio Idated demonstrators ... by was the real defendant and the : firing in their direction and 11th amendment to the Consti- i violating . the constitutional v tutim banned suits by Wdivid- rights got to be deprived of - - ub against a state. 1 liberty v1L% ut due process of SA the high court. In an 8 l law." to 0 decision Written by Chief ' Families of three of the ✓ 3ets01— Warren E Burger. t v dead students plod the WV add the amendment does not suits. They told the Supreme prohibit In all cases a defend• I Court that a ruling against ril ' a seeking damages on the them in the highest court in grounds of being deprived of a the land Would remove their ` federal right by a state official i last opportwiity for redress. =der state law. JtT3°T1CU .tV.I L L Y .111 O. Burger s a i d the district e 1 court acted prematurely and - .Dwglas did not. participate Iii was thus in error in dismiss- 69 decision. I In the complaints without iv The court did rot rule on the , in q B the families a chance to malts of either suit. It nx-rely establish their claims. - reinstated, theca in the knit - . ad States District Court in I The suits invoked a law Cleveland. j more than IM years old —the ° Four students were killed I Civil Rights act of 1871 —that and nine others were seriously ' p r o v i d e s for le action wounded Alay a, 171n. on the against anyone who by virtue I XvA State campus v.-hen Na- ' of sUte la% deprives another i Clonal Guardsmen opened fire person of rights is the Conti- group dcmonstrating tution- d*A: oA Ljf•90 %a',Gun/['. o 'o don't make the mistake of thinking that because your clients are Public Entity Officials they can't be sued personally ... Aq OFFICE 227-8324 REs. 881-1292 �4 � X 5 jj V, � tewartlr,,,�, V PEILEN, SARBACH & COWELL, INC. Twa 05 g;� resvi, 1, INSURANCE & BONDS c73K!, ;r WILLIAM T. COWELL, CPCU 605 PIONEER BUILDING n VICE PRESIDENT ST. PAUL. MINN. 5SIO1 ' Xi Sya '147Milk'Stre Of "N A 1,3oston;Vass.' 02 1 141, IJ{lest Jackson Blvd'F 5* °a �fi w -A -q gl WE f,-Majorca, Avenue .,T ti r I Ga In,- F1 �v CI 4 O — nuence-5quare ------ . . . . . . 1s i w M ail air Alft SRI f 1 ' h. ,• ,� ~�'V,� Yi. 7A ? K . t 14 f . Questions and Answers. Tpe specific ■ nformat■ on your Public Entity Clients will want from you regarding our new improved coverage 1. Q: What is termed a Public Entity? 5. Q: Are legal fees covered? A: Yes. The word "loss" as defined A: As defined, a Public Entity is a legally constituted City, Town, includes "cost of investigation and ' Village or other Governmental Body. defense of legal actions. 6. Q: What is term of coverage? r� �• :,; t,� 2. Q: Do all Public Entities qualify. F 't ;f ` A: Most legally constituted State �C A: Policies are issued for a period of X ,ti' u= :: g Y thirty -six months with annual L County, City and Governmental, Public installments available at a nominal xZ +; ,,, zx kc A•. Entities qualify. Federal Departments, additional premium. s "`4� • ' µ.. commissions or boards do not qualify l } j F' nor do school districts. Airport 7. Q: What. limi is are provided? x , {3� �4= ,};w Authorities, Hospitals and Municipal A: The standard limit is $250,000 per Utilities may be considered for coverage. occurrence, subject to a maximum + Ftl ` • " •' �ti annual aggregate of $1,000,000. (Higher PublYC �111C1 I1a1111�1 KF �1'k. 3. Q: What does the policy cover. limits available upon request.) V �sz z A: The policy will indemnify the p q„ , <,n`.� p Y Y 8. Q: Is there a retention (deductible) ,;� Insureds or the Public Entity for loss r A;� y for each loss? do you hVe e� cloent who'is a� resulting from actual or alleged "Wrongful Acts" committed A: Yes — depending upon the total " public offCial,:} �°t•�4{t by the Insureds. operating budget a minimum retention of $500 each loss up to a maximum of If so he riiay,hot be*;awgtd,..that h6 ��Z '" t L. 4. Q: Who is covered? $5,000 each loss applies. rt ' SCO,UId` be held persdnallj tiliebie��'� A: "Insured" shall mean all persons 9. Q: Is the policy subject to premium for. hi5 Jabtiorisa . ,4 s,t LAO who were or now are duly elected or adjustment during term? appointed officials or members of A: No. The policy is issued at a fixed rWhethd6,,.iblectdjT or a ointbd, 1 4t. commissions, boards or units operating pp �'� premium based upon the information s your client C,bild. suffer >�pesonai�`�`�'+ ' under the jurisdiction of such contained in the application or Public Entity. financial loss y r ,r and proposal. ` 10. Q: Does the policy provide coverage all full time employees who are While the, puj is entity itself` for prior acts. responsible to the Public Entity h6iVe certairy immunl3y Rb.,6016lalS ale A: Yes, the policy provides coverage r this §bfYle and for prior unknown acts. not always afforded protection) .x r p �,: the estates, heirs, legal representatives 11. Q: Do the Insureds have the right to or assign of deceased persons g p select counsel to represent them. > `Sle ,e vieslraatl ioSn t a # 6 sY mhlattvie n fa'F l: t rhe e d� y =prCashbSr rs ,. • who were Insureds A: Yes. The policy specifically states and that "the Insureds shall select and „ `r the Public Entity, both on a direct retain legal counsel subject to the r insuranC .to provide thisi �lrbfectioh"Ior pUbl` or an indemnity basis. Insurer's consent. officials ant fdi"- relmburl btn6nt W he � ��' public eritit In',the, evrit3 the entitji; by (81YVi�" ;}` An Improvement has- an obligation to protect its`off. i�iai�'� -+ f Where can I get complete information for my clients who are Public Officials ... also proposals, forms etc. r�Li!.F ;, N , �:,,; LL INC. � i t c+nr�r , n �rnq r his brochure desCrlb6s, in gerrer�l terms, the assentiai ' T eatures,of the policy •In nb w�y'dbes this br6btiur� ,1 �� Contact the nearest Stewart Smith office list d`p back,Qf thlV older. biter the terhl9 df the policy : , + +� ,'i� s f 9 , 4 , , :t�'�t} E ,: _� -• ,s1 i.+ a r4 � �.�L.`�. - 9. E L- •+ %i., f'. Se: '.. .�.i d� EDINA PUBLIC SCHOOLS RALPH H. LIEBER INDEPENDENT SCHOOL DISTRICT 273 SUPERINTENDENT SUITE 340 4660 WEST 77 STREET EDINA. MINNESOTA 55435 612- 920 -SSOO June 11, 1974 Mr. James Van Valkenburg Mayor, City of Edina 4801 West 50 Street Edina, Minnesota Dear Jim: Last night our Board Chairman, John Hoyt, selected two members of the Board, Fred Winter and Otto Byhre, to work with,two members of the City Council to review the Advisory Committee's report on public land use in Edina including the consideration of the Braemar stadium. Our attorney, Ward Lewis, indicated that under the joint.powers agreement, time, monies and effort could legally be spent in this pursuit. A question was raised, "Can a school district invest money in property not solely in its boundaries ?" The response from our attorney was in the affirmative. Lastly, is it legal for a community to spend part of its taxes in one of its school districts and not another that lies within its boundary? Our attorney felt that this too was legally appro- priate and that the City attorney might want to explore it at greater length. Apparently this question arose several years ago when Braemar stadium was initially discussed. Just thought this would be of interest to you. S' cere y, 4pi ieber dent of Schools RHL:sl Public Works I Phone 935 -3381 320 Washington Av. South, Hopkins, Minnesota 55343 HCNNCPIN COUNTY 10 June 1 9 7 4 Ms. Florence B. Hallberg, Clerk City of Edina 4801 West 50th Street Edina, MN 55424 This spring the Legislature of the State of Minnesota enacted legislation that will affect every munic;pality in the county. Laws of Minnesota, 1974, Chapter 355, Section 66, Shade Tree Disease Control, contains the following requirements of municipalities: 1. A tree inspector shall be employed. 2. A shade tree disease control program shall be submitted to the Minnesota Department of Agriculture. 3. A tree inventory must be determined. - 4. Shade tree disease program records must be kept. The Environmental Division of the Department of Public Works has employed a professional forester who will be available to assist you in complying with the above requirements as a part of the county shade tree disease program. If you would like his assistance, please call Mike Brandt at 935 -3381. Sincerely, Joseph M. Helgevold Principal Environmentalist JMH /lp