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HomeMy WebLinkAbout19750707_regularMINUTES OF THE REGULA3 MEETING OF THE EDINA CITY COuhTCIL HELD AT CITYbI-IALL ON JULY 7, 1975 Answering rollcsll were members Courtney, Schfiidt, Shaw and Mayor Van Valkenburg. MINUTES of June 2, 1975, Board of Review and Special Meetings of June 18, 26 and 30, 1975, were approved as submitted by motion of Councilwoman Schmidt, seconded by Councilman Shaw and carried. LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS AWARD PRESENTED. Mr. Joel Jennings, Chairman of the Edina Human Relations Commission, presented a plaque to the City and read a letter from Mr. David Cowan, President of the League of Minnesota Human Rights Commissions, extending congratulations to the Edina Human Relations Com- I * nissi.on upcn its receipt of the Fourth Annual Human Rights Award for its leader- cp 0 ot) m w w ship role- played on a-local and state-wide level. letter were the Commission's Family Life Workshops, for members of the Edina Police Department, development and implementation of an Affirmative Action Plan for the School District and publication and distribution of a Commission newsletter to interested individuals, clubs and community organ- izations. Mayor Van Valkenburg congratulated the Commission and read a telegram of congratulations from Congressman Bill Frenzel. also expressed her congratulations to the Commission. WATERMAIN IMPROVEMENT NO. P-W-294 CONTINUED TO JULY 21, 1975. Mr, Dunn, Watermain Improvement No. P-blM-294, proposed to be constructed on Doncaster Way from Croyden Lane to Ayrshire Blvd., and which had been continued from June 2, 1975, was continued to July 21, 1975, so that the amount of the bids would be known, by MOTION OF COUNCILMAN.COURTNEY, seconded by Councilman Shaw and carried. Listed specifically in the human relations training The Honorable Mary Forsythe As recommended by COLONIAL CHURCH OF EDINA GRANTED CONCEPT APPROVAL. ORDINANCE NO. 811-A62 GRANTED FIRST READING. for zoning change'from PRD-2 Planned Residential District to PRD-1 Planned Resi- dential District for property located generally North of the Crosstown Highway, South of Olinger Blvd., East of Bredesen Park and Village 9 and West of Country- side Park -and the Edina Fire Station. Mr. Luce recalled that the hearing had been continued from June 2, 1975, so that the church could discuss the location of the parking lot and cutting down the hill with neighbors. ing the church, showed slides indicating adjustments made to relocate the protective berm so that the parking lot will be visibly concealed from the North. also explained that the proposed ring road will be eliminated as requested by neighbors. Council was advised that the Environmental Quality Commission had voiced no opposition to using part of the pond for the building site and that, "to the best of their understanding", the pond is not considered "public waters" inasmuch as it was developed by PemTom only two years ago. Mr. Hammel said that the Nine Mile Creek Watershed District had approved the plans and the concept has been developed with their considerable help. will be removed from the top of the hill to construct the berm, reducing the elevation from 892 feet to 880 feet at thg highest point. Mrs. Phyllis R. Sever- seike, 6244 Sandpiper Court, representing ten Village 9 families, objected to the location of the parking lot on the FJest edge of the site, which lot is proposed to serve members of the congregation who daily use the church facilities for meet- ings and for the-nursery school and which would be used by delivery trucks and for garbage pick-up. Mrs. Severseike suggested that the parking lot be replaced by a turn-around which would be used to service the church, aid the traffic flow, be .least disruptive to the natural beauty of the area, and which would prevent heavy daily traffic in the area closest to adjacent dwellings. Mr. Lawrence A. Laukka, member of Colonial Church, suggested the possibility of the church using the skating rink parking lot for future overflow.parking in the event the church expands from its proposed seating capacity of 660 to a possible 1,000. Mr. Laukka also clarified that the building plans have not yet been approved by the congregation. Virginia Scott, 6613 Southcrest Drive, was told that the construction of the church would not increase-the amount of water draining from the property to Nine Nile Creek, but wocld cause a more rapid run-off. ing coacept approval, with the suggestion that the church work with residents to the West in regard to the parking lot, was seconded by Councilman Shaw and carried. Councilman Courtney thereupon offered Ordinance No. 811-A62 €or First Reading as f ollows : Mr. Luce presented the request of the Colonial Church of Edina Mr. Richard Harnmel, represent- Mr. Hammel He clarified that ten to twelve feet Mrs. COUNCIW4N COURTNEY'S MOTION grant- ORDINANCE NO. 811-A62 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 188) BY ADDING TO THE P~hWED RESIDENTIAL DISTRICT (PRD-1) THE CITY CCUNCIL-OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Iti4' E 7/7/75 Section 1. "The extent of the Planned Residential District (Sub-District PRD-1) is en- Paragraph 4 of Section 5 of Ordinance No. 188 of the City is enlarged by adding the follovhg thereto: larged by the addition of the following property: .. That part of Govergmenf Lot 1, and of the Northeast 1/4 of the Xorthwest 1/4 02 Section 5, Township 116 North, Range 21 West of the 5th Principal Xeridian, described as follows: Commencing at the point of intersection of the WortherXy line of County Highway No. 62 with a line drawn due North froin a point on the South line of said Government Lot 1, distant 71 1/2 rods East of the South- west corner of said Government Lot I; thence due North to the North line of said Government Lot 1; thence East along the North line of said Government Lok - 1 and along the North line of said Northeast 1/4 of the Northwest 1/4 to a point distant 693 feet West of the Northeast corner of said Northeast 1/4 of -.--.r--.. the Northwest 1/4; thence South parallel with the East line Gf said Northeast 1/4 of the Northwest 1/4 a distance of 693 feet; thence East parallel with the Sorth line of said Northeast 1/4 of the Northwest 1/4 a distance of 693 feet to the East line of said Northeast 1/4 of the Northwest 1/4; thence South along said East line to the Northerly line of said County Highway No. 62; thence Westerly along said Northerly line or' said County Highway No. 62; more specifically set forth and described as that part of A-18 (CSAH No. 62, Project No. 6221) contained in that First Certificate, dated August 21, 1967, and filed August 25, 1967, in Book 2599 of Deeds, page 347, as it crosses said prenises herein described to the point of beginning; EXCEPTING therefrom, the East 233 feet of said Northeast 1/4 of the Northwest 1/4 of Section 5, Township 116, Range 21, lying South of the South line of the District PRD-1). '' Sec. 2. publication. c .. -1 "Line A," Parcel No. North 693 feet of said Northeast 1/4 of the Northwest 1/4 (which is in Sub- f .t This ordinance shall be in full force and effect upon its passage and -2 VILLAGE DEVELOPMENT COMPANY (EDINA GBEN) GRANTED CONCEPT APPROVAL. ORDIEIANCE NO. 811-A63 GRANTED FIRST READING. Mr. Luce presented the request of Village Develop- ment Company for zoning of property located East of County Road 18 and South of Malibu Drive from R-1 Residential District to R-2 Multiple Residential District an,d PID Planned Industrial District. Mr. Lxce recalled that this matter had been continued,from the meeting of June 16, 1975, so that residents in the area could work with the developer toward an agreeable solution of the zoning, the plat ' and the proposed vacation of Lincoln Drive. Drgve, representing neighbors in the area, said that residents had reached agree- ment with the developer under which it was agreedzthat Lots 1 through 7, Block 1, would contain 3,000 square feet of usable living space, exclusive of the garage, and Lots 8, 9 and 10, Block 1, and Lots 1 and 2, Block 2, would be . required to contain 2,600 square feet of living space, exclusive of the garage. The agreenent also called for the combination of Lots 5 and 6, Block 2, and the construction 0f.a permanent cul-de-sac and the vacation of Lincoln Drive. Mr. Davies said that Mr. Wallace Kenneth, owner of property to the North, had said that he would oppose the plan submitted by the neighbors because it would create problems in reaching his property from the South, but that he T.TOU~$ be glad to work with the developer and residents to develop a plan which would be mutually satisfactory. Discussion ensued relative to disadvantages of having only one means of ingress and egress to an area. that a coic&te decision be made on the future Westerly development of Inter- lachen Blvd., Mr. Dunn said that no decision could be made mtil the Grand View Cemetery suit has been settled and added that the Hansen's master plan would also be a part of this consideration. Hr. Robert Schrarmn, 5800 View Lane, objected that an additional cul-de-sac on Malibu Drive would worsen traffic conditiolts on View Lane. Mrs. Susan Naurer,6648 Parkwood Road, urged that the Halibu Drive cul-de-sac be constructed. Mr. V. L. Oliver, 6620 Tarkwood Road, objected that residents had always been assured that lots on Malibu Drive wmld be 140' in width and rhat it is now proposed to plat six, rdther:.than four lots on Malibu Drive. Xr. Larry Kremer of Village Development Combany agreed to accept 14r. Luce's sug- gestion that a cul-de-sac be constructed between Lots 4 and 5, Elock 2, and that Lot 5 be left as an outlot. on the size of h6uses as originally agreed. (City Attorney Schwartzbauer opined that the agreement reached by the developer and neighbors would not necessarily hold if action taken by the Council does rtot carry out in all respects the agree- ment between the neighbors and the developer .) COUNCILMAN COURTNEY'S MOTION granting concept'ai9roval was seconded by Council- woman Schmidt and carried. Councilinan Courtney then offered OrdLnance No. 811- A63 for First Reading as followsf I Mr. Richard Davies, 5412 Halibu In respozlse to Councihaa Shaw's request I He also agreed to produce recordable rastrictions Following considerable discussion, * -. 7/7/75 L ORDINAECE MO. 811-AS3 ' AN ORDINANCE AMENDING THE ZONING ORDINANCE AND TO THE ?ID PLANNED INDUSTRIAL DISTRICT (NO. 811) BY ADDING TO TEE: R-2 ELTLTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto: "The extent of the Multiple Residence District is enlarged by the addi- tion of the following property: c That part of the Northwest Quarter of the Northwest Quarter of Section *m CJ-2 w 31, Township 117, Range 21, described as follows: Beginning at the Southwest corner of Block 1, Malibu He5ghts; thence Westerly along the Westerly extension of the South line of the plat of Malibu Heights a distance of 329.99 feet; thence Southeasterly 140.18 feet along a nontangential curve concave to the Northeast having a radius of 348.42 feet, the chord of said curve deflects 118 degrees 56 minutes 25 seconds from last described course; thence Southeasterly, tangent to last described curve a distance of 205.5 feet; thence along a tangential curve to the right, having a radius of 245.72 feet, a distance of 14.49 feettpthe intersection with a line parallel with and 510 feet West of the East line of the Northxest Quarter of the Northwest Quarter; thence South along last said parallel line a distance of 165feet;thence Southeasterly deflecting to the left at an angle of G9 degrees 14 minutes 21 seconds a distance of 213.89 feet to its intersection with a line parallel with and 310 feet West of the East line of said Northwest Quarter of the Northwest Quarter; thence North along last said parallel line a distance of 160 feet'; thence deflect- ing to the left at an angle of 9 degrees 35 minutes 40 seconds a distance of 60 feet; thence North parallel with the East line of said Northwest Quarter of the Northwest Quarter a distance of 180 feet; thence Westerly deflecting to the left at an angle of 85 degrees 58 minutes 42 seconds a distance of 43;63 feet; thence Northerly a dist- ance of 140 feet to the point of beginning." Section 2. * Paragraph 2 of Section 10 of Ordinance 811 of the City is amended by adding the following thereto: .- "The extent of the Planned Industrial District is enlarged by the addi- tion of the following property: That part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 117, Range 21 described as follows: Beginning at a point on a straight line which, if extended Easterly 510 feet would intersect the East line of said Northwest Quarter of the Northwest Quarter a distance of 1262.17 feet South of the Northeast corner thereof, and, if extended Westerly, would intersect the West line of Section 31 a distance of 1272.87 feet South of the Northwest corner of said Section; thence Westerly, in a straight line, to said point in the West line of Section 31 distant 1272.87 feet South of the Northwest corner thereof; thence North along the W&t line of said Section 31 i! distance of 535.53 feet; thence at a right angle Easterly a distance of 130 feet; thence deflecting to the right at an angle of 51 degrees 19 minutes. 10 secopds a distance of 200 feet; thence' deflect- ing to the left at an angle.;qf? 12 degrees 29 minutes' a distance of 475 feet; thence deflecting to &he.left at an angle of 22 degrees 20 minutes 57 seconds a distance of 178.2 feet to its intersection with.a line drawn North from the point of beginning and parallel with the East line of said Northwest Quarter of the Northwest Quarter;. thence South along-said parallel line a distance of 30 feet to the point of * beginning. *I; ; -. Section 3. This ordinqqceshall be in full force and effect upon its passage and publication. . EDINA GRIIEN GRAXTED PI?ELI?fINPAY PIAT AP3R-OYAL. Mr. Luce recalled that the Edina Green plat had been continued from June 16, 1975, so that it could he con- 4 I I* r3 sidersd along with the zonihg request of Village Eevelopinent CO~PZR?; and the vacz- tion of Lincoln Drive. accept Mr. Luce's suggestion that a temporary cul-de-sac be constructed between Lots 4 2nd 5, Block 2, and that Lot 5 be left as an outlot. He also agreed to produce recordable restrictions on the size of houses as originally agreed. Councilman Courtney then offered the following resolution and moved its adoption: Nr. Larry Kreiner of Village Development Company agreed to RESOLUTION GRANTING PRELININARY APPROVAL TO EDDTA GREEN BE IT RESOLVED by the Edina'City Council that that certain plat presented for approval at the Edina City Council meeting of July 7, 1975, by Village Developmeat Company, be and is hereby granted preliminary plat approval, with the understand- ing that Lot 5, Block 2, be left as an outlot and includins a temporary cul-de- sac between Lots 4 and 5, Block 2. Notion for adoption of the resolution was seconded by Councilman Shaw and on roll- call there were four ayes and no nays and the resolution was adopted. a. PORTION OF LINCOLN DRIVE VACATION APPROVED. Blr. Luce recalled that the vacation of a portion of Lincoln Drive had been continued from June 16, 1975, so that it could be considered with the zoning request of Village Development Cgmpany and the plat of Edina Green. Efr. Dunn pointed out that the suggested vacatfon of Lincoln Drive South of Bialibci Drive extended would preclude Lincoln Drive from ever going from Domhick Road to 7th Street in Hopkins as a continuous street. this fact, Councilman Shaw offered the following resolution and moved its adoption: WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on July 7, 1975, at 7:OO p.m. on tEe proposed vacation herein described has been given and made and a hearing has been held thereon by the City Council: Recognizing RESOLUTION VACATING A PORTION OF LINCOLN DRIVE That part of a GO foot strip of land lying within the following described property Iocated in Section 31, Townshtp 117, Range 21: point on the West line of the Northwest 1/4-of the Northwest 1/4 a dl 1 stance of 637.80 feet ?outh from the Northwest corner thereof; thence South along the said Nest line thereof 635.79 feet; thence East to a point on the East line of said Northwest 1/4 of the Northwest 1/4 a distance of 1262.17 feet South from the Northeast corner thereof; thence North along said East line 633.44'f&et; thence West to point of beginning except roads. of said 60 foot strip of land is described as follows: in the North line of the Northwest 1/4 of said Section 31, distant 185 feet Vest of the Southwest corner of Parkwood Knolls 15th Addition; thence South ,parallel with the Southerly extension of the West line of said Addition 23.31 feet; thence Southwesterly 196.66 feet along a tangential curve to the rigllt, having a radius of 440.1 feet; thence Southerly 198.54 feet along a reverse curve-having a radius of 672.63 feet; thence Southerly tangent to last described curve 85 feet; thence Southeasterly 280.36 feet along a tangential curve to the left having a radius-of 318.42 feet; thence Soutkeasterly tangent to last described curve 205.5 feet; thence Southerly 331.88 feet along a tangential curve to the right having a radius of 275.72 feet; thence Southwesterly tangent to last described curve 112.74 feet; thence Southerly 284.14 feet along a tangential curve to the left having a radius of 370 feet to the center line of Lincoln Drfve as platted in the plat of Nine Mile Norch and there terminating; end Commencing at a . The center line fieginning at a point - ??€lEPEAS, the City Council has deemed it to be in the best interest of the City and. of the public that said street be vacated only South of lialibu Drive extended, rather than as proposed in the Notice of Public Hearing: NOTJ, THEEZEFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described portion of Lincoln Drive be snd is hereby, -vacated: . - That part of the Northwest % of the Northwest.% of Section 31, Township 117, Range'21, lying within a strip of land 60 feet in width, the center- . line of which is described as follows: ~ 8- _---_ ----- - ----7- -~ .. Beginning at a point in the North line of the Northwest % of said Section 31, distant 185 feet TJest of the Southwest corner of PARKWOOD KNOLLS 15TH ADDITION: the Southerly extension of the Best line of said Addition 23.31 feet; ial curve to the right, having a radius of 440.1 feet; Southerly 198.54 feet along a reverse curve having a radius of 672.63 feet; thence Southerly tangent to last described curve 85 feet; tial curve to the left having a radius of 318.42 feet; Southeasterly.tangent to last described curve 205.5 feet; . 'thence Southerly 33i-.88 feet, along a Sangential curve to the zigh.t; having -a radius pf. 275!72 fee't; -&hence. Southwesterly tangent to ' last described curve 112.74 feet; 284.14 feet along a tangential cum; to the left having a radius of 370 feet to the center line of Lincoln Drive as platted in the plat of NINE MILE NORTH and there terminating. EXCEPT that part thereof lying South of a line drawn from a point in the West line of said Northwest % of the Northwest %, distant 1272.87 feet South of the Northwest corner thereof to a point in the East line of said Northwest % of the Northwest %, distant 1262.17 feet South of the North- east corner thereof; thence South parallel with ? thence Southwesterly 196.66 feet along a tangent- thence thence Southeasterly 280,36 feet along a tangen- thence thence Southerly c ? AND EXCEPT that part thereof lying North of a line drawn from a point in the Vest line of said Northwest k of the Northwest 44, distant 8U7.08 feet South of the Northwest corner thereof, to a point in the East line of said Northwest % of the Northwest k, distant 801.73 feet South of the Northeast corner thereof. 7/79?5' . 1'6 'd I- co 0 90 t53 w w I f Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on-rollcall there were four ayes and no nays and the resolution was adopted. INTERLACHEN HILLS 2ND ADDITION PRELIMINARY PLAT HEARING DATE SET. As recommended by Mr. Luce, Councilwoman Schmidt's motion setting hearing date for August 4, 1975, for the preliminary plat of the Wallace Kenneth property (Interlachen Hills 2nd Addition) was seconded by Councilman Shaw and carried. PORTION OF WEST SHORE DRIVE AND POPPY LANE IN LAKE EDINA VILLAGE REPLAT VACATION APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Dunn recalled that Council had given preliminary . approval to Lake Edina Village Replat, and that final plat was to be withheld until such time as T.H. 100 construction was nearing conclusion. Mr. Dunn recom- mended that portions of West Shore Drive and Poppy Lane in Lake Edina Village Replat now be vacated in preparation for final approval of the plat. No object- ions being heard, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION VACATING A POXTION OF REST SHORE DRIVE AND POPPY LANE: WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on July 7, 1975, at 7:OO p.m., on the proposed vacations herein described has , been given and made and a hearing has been held thereon by,the City Council: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,, %ehnepin County, Minnesota, that the following described portion of Q. Shore Dr. and poppy L~. platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated: - That part of West Shore Drive as platted in Lake Edina 3rd Addition, lying between the following two described lines: Beginning at the Northeast corner of Lot 3, Block 1, Lake Edina 5th Addition; thence Northwesterly at an angle of 43 the Northwest corner of said Lot 3, a distance of 65.98 feet to a point of curve to the right with a radius of 145.62 feet and a delta angle of 5' . 23' 24"; thence Northwesterly along said curve to its intersection with the North line of West Shore' Drive; and Beginning at a point on the South line of West Shore Drive, which point is 147.5 feet West of the Northeast corner of Lot 3* Block 1, Lake Edina 5th Addition; thence iJorthwesterly at an angle of 44 45' 21'' as turned to the right from the Northwest corner of Lot 2, said Block 1, a distance of 85.17 feet to the North line of West Shore Drive; and That part of Poppy Lane as platted in Lake Edina 3rd Addition lying West of the following described line: Beginning at the Southwest corner of Lot 1, BAock 1, Lake Edina 3rd Addi- tion; thence Southwesterly, at an angle of 42 53' 40" as turned from the Westerly extension of the South line of said Lot I, a distance of 38.85 feet to a point of circular curve to the left with a radius of 97.66 feet; thence Southwesterly along said curve to the South line of said Poppy Lane. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. C. K. UTTER REQUEST FOR RETURN OF DEPOSITS WITHDRAWN. that the request of Mr. C. R. Katter forrreturn of his deposits made with the Planning Department had been withdrawn. 0 56' 07" as turned to the right from ' Mr. Hyde advised Council RYAN AVENUE HILL BETIU'EEN W. 62ND AND W. 63RD STREETS RELIEF =QUESTED. Council's attenfiion was called to a letter from Mr. George J. Turgeon, requesting that something be done to the hill on Ryan Avenue between W. 62nd and W. 63rd Streets to relieve a dingerous traffic situation. improvement for that location had been brought to Council and abandoned in Dec- ember, 197.4, and that the Engineering Department is still trying to find someone to rake the dirt so that the hill can be lowered. Mr. Dunn said that he would get in touch with Mr. Turgeon. Mr. Dunn recalled that a street OAK LAKE PETITIONS ACCEPTED FOR PROCESSING. petitions f0.r Graveling and Stabilizing, Permanent Street Surfacing and Curb, Storm Sewer, Sanitary Sewer and Watermain for Oak Lane for processing was seconded by Councilman Courtney and carried. Councilman Shaw's motion accepting TWIN CITY FEDERAL SAVINGS & LOAN TO SELL PARKING LOT AND GRANT EASEMENTS TO H.R.A. Council's attention was called to a letter from Twin City Federal Savings and Loan in which it reluctantly agreed to grant easements and to sell its present parking lot behind its tfrs. Charlotte parking spaces -- building on W: 50th-Street for construction of a parking ramp. Hauck, 5029 Indianola Ave., stated that there are always vacant in the area and questioned the need for the three-level ramp. An 7/7/75 1 unidentified lady in the audience was' told by Mr. Luce that it would be economi- cally unsound to build a two story ramp and add a third story at a later date if it should become necessary. No action was taken. . SALE OF WINE IN RESTAURANTS REQUESTED. from Kabobs' Restaurant issue licenses for the sale of wine in restaurants. setting August 4, 1975, for a hearing date on the possibility of issuing On-sale Wine Licenses was seconded by Councilwoman Schmidt and carried. Council's attention was called to a letter ref erring to-legislation which would permit cities to Councilman Courtney's motion LOT 2, SRARPE BAKKE ADDITION LOT DIVISION HEARING DATE SET. As recoinmended by Xr. Luce, Councilt~on?an Schmidt's motion setting July 21, 1975, for hearing date on che division of Lot 2, Sharpe Bakke Addition, (6600 Gleason Road) was seconded -by Councilman Shaw and carried. NINE MILE NORTH 2ND ADDITION HEARING DATE SET. Councilwoman Schmidt's motion setting July 21, 1975, as hearing date for prelim- inary plat approval for Nine Nile North 2nd Addition was seconded by Councilman Shaw and carried. As recommended by Efr. Luce, BAGENGAST ADDITION HEARING DATE SET. As recommended by Mr. Euce, Councilxoman SchmZdt's motion setting July .21, 1975, as hearing date for preliminary plat qproval for Nagengast Addition was seconded by Councilman Shaw and carried. LAND USE DENSITY XODIFICATIONS DISCUSSED. lfr. Luce advised that he had presented alternatives which the Planning Commission could use as a guide to reduce land use. densities and said that the Planning Commission had requested that he furnish them with a list of conditions that could be used as ci basis to determine modifi- cations. No action was taken. - WLN PARK HOCKEY RINK APPROVED. Mr. Hyde advised Council that he had received a letter from Mr. -doff Heiberg, Chairman of the Wooddale Neighborhood Council, which indicated that 782 of the members of the association favored construction of a hockey rink at Utley Park, provided that parking will be adequate and that trees will be replaced. 1'44 names of Country Club District residents requesting the hockey rink and to letters from the Edina Country Club and St. Stephens Church endorsing the pro- posal. that the rink not open until 1:00 p.m. on Sundays. Park Board has not net since these conmunications had been received and that they would be taking action on the proposal at their next meeting. ney's motion that the matter be continued to July 21, 19753 died for lack of a second. ' Mr. Frank Thorpe, 4614 Edina Blvd., reiterated his family's offer to bay $15,000 toward the $30,000 estimated cost of the skating rink and said that it had been his understanding from statements maae by Mr. Jack Rice at the Council Meeting of June 2, 1975, that the Park Board had supported the proposed hockey rink? Council approve in concept the construction of a hockey rink at Utley Park and that the matter be brought back for final approval - - - after reactions of St. Stephens Church and the IJooddale Neighborhood Councii are known". ~~ SHAV'S MOTION approving the construction of the Utley Park Hockey Rink in view of action taken at the June 2, 1975, meeting, and accepting the donation of $15,000 from the Thorpe fdly was seconded by Councilman Courtney and carried. -Nayor .Van Valkenburg thanked Bfr. Thorpe for his family's generosity. He referred also to a petition containing approximately -I St. Stephens Church also requested use of the parking lot and requested Nr. Rosland said that the Councilman Court- .. Council Minutes of June 2, 1975, were read, which indicated that "the COUl?CIL- PARK FUND TRANSFERS APPROVED. ma Courtney offered the following resolution and moved its adoption: As recommended by Mayor Van Valkenburg, Council- BE IT RESOLVED that $65,000 be transferred from Surplus to the Park Fund, $40,000 of which will be used for the Swimming Pool, $15,00 of which will be used for the Utley Park Hockey Rink, and -$l.O,.OOO .which will be used for baseball backstops and miscellaneous items. Hotion €or zdoption of the resolution was seconded by Councilman Shaw and on roll: call there were four ayes and no nays and the resolution was adopted. SPECIAL ELECTION BALLOT TO CONTAIN THREE QUESTIONS; Yx. Rosland presented a draft of a sample.brochuye which had been prepared by members of the Park Bozrd, the Open Space Coiittee, and the staff. Discussion ensued as to whether the ballot should contain one, two or three questions. Virginia Scott said that the Opei Space Comittee had hoped that there would be only one auestion which would include $2,000,000 for park improvements, $450,000 for open space and $500,000 for additional parkland. that people have indicated to him-that there would be organized opposition to a one question ballot. questions was seconded by Councilman Courtney and carried. .. * "SELL CO3IITTEE" APPOINTED. YES. Mr. Hyde said COUNCILEiAN SHAW'S MOTION that the ballot contain three Councilwoman Schmidt 1/ 7/75 c CD. 0 00 n3 M w {- vo&d "Nay", saying that she €avored two qEestions'. the following parcels of land would be acquired if the vote is favorable: For Parkland - Hedberg property, XcCauley Trail South, Moore property on Mirror Lake and the Rutledge House; Lincoln Drive, Garden Park Additioq Krahl Hill and the Moore property on Melody Lake. stating that the Council can legally endorse questions on the Ballot. COURTNEY'S MOTION generally approving the brochure presented by Mr. Rosland authoriziEg expenditure of'necessary funds for printing the brochure was sec- onded by Councilman Shaw and on rollcall there were four ayes and no nays and the motion carried. COUNCILWOMAN SCHMIDT then moved that the following people .be appofntcd to the "Sell Committee" as recommended by Mayor Van Valkenburg: Mmes Elizabeth Jones and Joan Lonsbury, Messrs. Jack Rice, Vincent McConville, Lester Wanninger, W. N. (Bud) Dickson, John Sweetland and Robert Sherman, with the understanding that Messrs. Hughes and Rosland would work with them and that the Council would also be willing to help. Courtney and carried. It was clarified that For Open Space - Property behind Cahill School, Mayor Van Valkenburg read a letter from City Attorney Erickson, COUNCILMAN and Motion was seconded by Councilman BLOOMINGTON ANNEXATION CONTINUED INDEFINITELY. Councilman Shawls motion continuing action on the Bloomington annexation ur,til some communication is heard from the City of Bloomington was seconded by.Counci1- man Courtney and carried. H.R.A. COOPERATIVE AGREEMENT APPROVED. As recommended by Mr. Luce, Counciman Shaw offered the following resolution and moved its adoption: BE IT RESOLVED tbat the Nayor and City Manager are hereby authorized to execute Cooperative Agreement with the Housing and Redevelopment Authority of Edina, for 50th and France Commercial Area Improvements No. 1975-HRA-1, dated April 8, 1975. Notion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. PORTION OF BROOKSIDE ATENUE STREET VACATION EARING DATE SET. Council was reminded that the hearing date for the vacation of Brookside Avenue behind the Grand View Liquor Store has been set for July 21, 1975. As recommended by Mr. Hyde, RESOLUTION LOT 1, BLOCK 1, METRO U.S. CONSTRUCTION SUBDIVISION EASEMENT VACATION HEARING DATE was set for August 4, 1975, by motion of Councilwoman Schmidt, seconded by Councilman Shaw and carried. FIREMEN'S RELIEF ASSOCIATION PENSION BENEFITS INCREASE APPROVED. Being advised in a memorandum from Mr. William Feck, President of the Edina Firemen's Relief Association that Council must approve legislation increasing the benefits of their pension, Councilwoman Schmidt offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council approve the adoption by the Minnesota State Legislature of Chapter 229, Laws of 1975. Motion for adoption of the resolution was seconded by Councilman Courtney on rollcall there were four ayes and no nays and the resolution Qas adopted. COMPUTER TECHNOLOGY IN VOTE-TALLYING MEETING TO BE HELD. Council was advised of a meeting on July 15, 1975, at 3:OO p.m., at the Hennepin County Government Center at which Mr. Roy Saltman of the National Bureau of Standards will discuss his research for his report on the "Effective Use of Computing Technology in Vote-Tallying. RESOLUTION . and The Clerk will attend the meeting. MUNICIPAL SHORELINE ZONING ORDINANCE PUBLIC HEARING NOTED. 'Council was advised of a public hearing .on rules goGerning a municipal shoreline zoning ordinance which will be held July 16, 1975, at 12:30 p.m. at 235 Marshall Ave. in St. Paul. The City will be represented. LOT 10, RLOCK 1, RILLDALE ADDITION CONNECTION CHARGES APPROVED. Mr. Robert T. Copeland, and as recommended by Mr. Daler,, Councilwoman Schmidt offered the following resolution and moved its adoption:_ BE IT RESOLVED that the Edina City Council authorize connection of Lot LO, As requested by . RESOLUTION Block 1, Billdale Addition to the following improvements to be paid over a six year period a.t an interest rate of 5%: Sanitary Sewer-Improvement No. SS-205 - $3,070.72 Watermain Improvement No. Wf-174 - $898.71 Xotion for adoption of the r,esolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays,and the resolution was adopted. , ,' EES. VIRGINTA SHAV APPOINTED PARK BOARD REPXESENTATIVE TO TEE ENVIROWENTAL QiiALITY COMMISSION. Council was advised that Mrs. Virginia Shaw had been recom- mended as the Park Board,Representative to the Environmental Quality Commission, whereupon Councilman Courtney's motion was seconded by Councilman Shaw End carried confirming the appointment. i ACTION TAKEN AT SPECIAL COUNCIL MEETINGS CONFIFNED. was seconded by Councilman Shaw and carried, confirming the following actions taken at Special Council Meetings following Board of Review Meetings : June 18, 1975 - Resolution approving Ehe appoiptment of Nr. Frederick S. ,. June 26, 1975 - Authorization of Paramedic Program and purchase of special JuEe 30, 1975 - Award of bid for Wood Retaining Wall Improvement No. P-2A Councilman Courtney's motion fichards to the Housing and Redevelopment Authority equipment for the program (Contract No. 75-3) to All American Recreation & Sales, Inc. for a cost of $28,900.00 - P,SSOCIATION.OF NETROPOLITAN'~IUNICIPALIT1ES PELBERSHIP. DUES AUTHORIZED. Council- mn Courtney's motioo authorizing payment of $3,001 dues to the Association of Metropolitan Hunicipalities for the June 1, 1975 to May 31, 1976, was seconded by Councilman Shaw and carried. - ORDINANCE LICENSING AND REGULATING HEALTH CLUBS, MASSAGE PARLORS, ESCORT SERVICES, ETC.. CONTINUED TO NEXT MEETING. Mr. Hvde Dresented Ordinance No. 1353 . renulat- -.# Y ing and licensing health clubs, massage parlors, escort services, etc., noting . .. that the City Attorney has opined that, while the City may by ordinance license and otherwise reasonably regulate the establishment and operation of massage pzrlors and escort services, it may not constitutionally prohibit them entirely within the city. for revenue and that they cannot be more than the cost of regulation. . easued as to the amount of the fee and whether or not a legitimate person could go to a home to give a legitimate massage. As recommended by Mayor Van Valken- burg the ordinance was continued to July 21, 1975, for further study by motion of Councilwoman Schinidt, seconded by Councilman Shaw and carried. ORDINANCE NO. 811464 AND ORDINANCE NO. 451-A3 APPROVED IN CONCEFT. As recon- =ended by Mr. Hyde, Ordinances Nos. 811-A64 and 451-A3 calling for erection of signs on property proposed for subdivision or for rezoning were approved in concept-by motion of Councilinan Courtney, seconded by Councilman Shaw and carried. The ordinances will be drafted in proper form for future consideration. Mr. Hyde recalled also that licenses are for regulation and not Discussion OPEN MEETING LAW OBJECTION TO BE SENT TO STATE LEGISLATURE AND GOVERNOR. As recommended by the League of Minnesota llunicipalities, Councilman Shaw offered the following resolution and moved its adoption: RE s OLUTION FHJIREAS, the City of Edina supports the intent of the Open Meeting Law which is to have the public business conducted openly so that the public can be informed of the decisions and actions being taken; and TvWREAS, nevertheless there are certain matters of a confidential nature which may not be in the public interest at a particular time to disclose publicly; and WBEREAS, the Attorney General has rendered an opinion which appears to be inore restrictive than the legislature intended; KOJ, THERBFORE, BE IT RESOLVED that the City Council of the City of Edina res- pectfully urge the Minnesota State Legislature to consider changes to the Open Meeting Law as propcsed in the legislation submitted by the League of Minnesota Municipalities; and BE IT FURTHER RESOLVED that copies of this resolution 5e transmitted to the Gov- ernor of the State of Ninnesota, llembers of the State Legislature and the League of Knnesota Nunicipalities . Motion for adoption of the resolution t7as seconded by Councilman Courtney and on. rollcall there wers four ayes and no nays and the resolution was adopted. I GARY E. LYALL COMNEhXlED FOR SERVICE UPON l2ESIGNATION.FROM 9.R.A. Councilman Courtney offered the fo,llcwing resolution and moved its adoption: RESOLUTION OF APPRECIATION WHXREAS, Gary B. Lyall has served as a member of the Edina Housing and Redevelop- ment Authority since its organization on April 8, 1974; and f4HE3,EAS, during this tb.e Gary B. Lyall has given of his time and efforts towar6 the creation and success of the Housing and Redevelopment Authority; XOW, TEEREFORE, BE IT RESOLVED that the Edj-na City Council expresses its sincere 7/7/75::. .i appreciatTon €or the most generous contributions of GARY B. LYAT,L to the City of Edina in his capacity as a member of the Housing and Redevelopment Authority; and BE TT FURTHER RESOLVED that an appropriate copy of this resolution be transmitted to Gary B. Lyall in recognition and appreciation of his service. - Motion for adoption of the resolution was seconded by Councilwoman'Schmidt and unanimously carried. LIQUOR FUND AS OF MARCH 31, 1975, AND APRIL 30, 1975, was reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. BAND SAW FOR PUBLIC WORKS SHOP APPROVED. As recommended by Nr. Dunn, Councilman Sha'w motion was seconded by Councilman Courtney aad carried authorizing the pur- chase of a metal cutting band saw for the Public Works Shop at a cost of $2,138. 1. Cost of the other bid received was $2,637. FENCE POSTS TO BE PURCHASED FOR BREDESEN PARK. Councilman Courtney's motion authorizing expenditure of $3,565.50 for fence posts As recommended by Mr. Hyde, for Bredesen Park was seconded by Councilwoman Schmidt and carried. BREDESEN PARK COOPERATIVE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT APPROVED. resolution and moved its adoption: BE IT RESOLVED that the Mayor and City Manager are hereby authorized to enter into Cooperative Agreement with the Nine Mile Creek Watershed District for the Bredesen Park Project . Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. TRANSFER OF FUNDS TO H.R.A. ACCOUNT APPROVED. As requested by Mr. Luce and recommended by Mr. Dalen, Councilman Courtney's motion authorizing the transfer of $200,000 into the H.R.A. account for the acquisition of three parcels of property ,(Lurid interest) between W. 49% Street and W. 50th Street was seconded by Councilman Shaw and carried. TOWNES ROAD CURB AND GUTTER FEASIBILITY REPORT TO BE MADE. Mayor Van Valkenburg, Councilman Courtney's motion that the City Engineer prepare a feasibility report for curb and gutter on Tomes Road was seconded by Council- woman Schmidt and carried. As recommended by Mr. Hyde, Councilman Courtney offered the following RESOLUTION e As recommended by FEDERAL FLOOD PLAIN HEARINGS NOTED. Plain hearings to be conducted on July 11, 1975, in Chicago. Mr. Hyde advised Council of Federal Flood The City will not be represented. GRAYTOWER ESTATES GRANTED FINAL PLAT APPROVAL. ates for final plat approval. Mr. Dunn advised Council of the need for a drain- age easement to eliminate future problems and noted that there are deferred assessments and connectioE charges against the property which should be recorded so that future buyers would be awara of this obligation. Mr. Marvin Weegman, real estate broker representing the developer, urged that the plat be approved at this time. Following lengthy discussion, Councilman Courtney offered the folloxing resolution and moved its adoption, subject to receipt of the necessary easement and subject to clarifying the assessments and connection charges on the records, and with the understanding that the plat not be signed by the Mayor until such conditions have been met: RESOLUTION AF'PROVING GRAYTOWER ESTATES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Graytower Estates", platted by Linneus G. Idstrom, and pre- sented at the Edina City Council Meeting of July 7, 1975, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. Mr. Luce presented Grsytower Est- IMPROVEMENT NO. BA-205 AGREEMENT nITH CITY OF BLOOMINGTON APPROVED. As recom- mended by Mr. Dunn, Councilman Shaw offered the following resolution regarding Street Improvement No. BA-205 (regarding W. 78th Street) and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council authorize the Mayor and City Manager - to enter into agreement with the City of Bloonington for division of cost for street and appurtenant work on*\?.. 78th Street from Cahill Road to 3300 Feet West . Motion for adoption of the resolurion was seconded by Councilman Courtney and on rollcall there wer'e four ayes and no nays and the resolution was adopted. CLAiHS PAID. Motion of Councilwoman carried for payment of the following Schnxidt was seconded by Councilnian Shm' and dabs its per Pre-List: General and lievenue Sharing, $110,748.92; Construction fund, $2,532,39; Park Fund, $42,311.15; Water Fund, $4,644.82; Liquor Fund, $63,159.21; Sewer Fund, $55,262.65; Improvements, $121.50; Total, $278,780.64; and for confirmation of,payment of the following claims: General Fund, $12,899.71; Park Funds, $3,840.56; IJater Fund, $519.28; Liquor Fund, $113,257.83; Total, $130,847.68. , No further business appearing, Councilman Courtney's motion for adjournment was seconded.by Councilman Shaw and carried. Adjournment at 10:25 p.m. 6 &A/* City Clerk '. - MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY, JULY 21, 1975 Answering roll call were Council members Courtney, Richards, Schmidt and Mayor Van Valkenburg, Councilman Shaw entered later. MINUTES of June 16, 1975, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Richards and carried. THREE NEW FIRE FIGHTERS INTRODUCED. GRADUATE PARAMEDICS DEMONSTRATE EQUIPMENT. Fire Chief Buresh introduced three new fire fighters, Ron Rogers, Ron Samuelson and John Grove, giving their backgrounds.' Also introduced were Dick Vernon, Bill Lutts and Terry Kehoe, who are the first three volunteers to enter the Edina Paramedic Program, an emergency medical service. With Dick Vernon narrating, they demonstrated their specialized training, received through Hennepin County General Hospital, using -*a recently purchased $4,200 ElectrJcal Cardiagram Monitor and Defibulator and a Military Anti-Shock Trouser which forces blood from the lower extremities to supply vital organs in the upper portion of the body. The radio communication system to be installed enabling the Paramedic to be in communication with emergency room doctors at the hospitals was explained by Chief Buresh. new fire fighters and congratulated the Paramedics. Mayor Van Valkenburg welcomed the IJATER MAIN IMPROVEMENT NO. P-WM-294 CONTINUED TO AUGUST 4. Being advised by Mr. Dunn that bids came in 15 percent over the estimate and that redesign to cut costs is being studied, Councilwoman Schmidt's motion was seconded by Councilman Courtney and carried that the hearing be continued. NINE MILE NORTH 2ND ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and placed on file. Nine Mile North 2nd Addition for preliminary plat approval as recommended by the Planning Commission. After discussion, Councilman Richards moved the plat be returned to the Planning Commission requesting dedication to the City of land at rear of the three lots North of Dovre Drive and requesting two lots instead of three on the South side of Dovre Drive. Motion died for lack of a second. Mr. Dunn reminded the Council of the necessity of proceeding with Dovre Drive construction. Mr. Ray Drake, Rauenhorst Corporation, said they preferred large lots and suggested an easement; whereupon Mr. Schwartzbauer, acting City Attorney, stated the City could obtain a drainage easement from the property owners. Councilman Courtney then offered the following resolution granting preliminary plat approval subject to a 125 ft. drainage easement at the rear of Lots 1, 2, 3, Block 1, and moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO Mr. Luce presented NINE MILE 2ND ADDITION BE IT RESOLVED by the Edina City Council that the plat entitled "Nine Mile North 2nd Addition", presented by Rauenhorst Corporation, and presented for Preliminary Plat approval at the Edina City Council Meeting of July 21, 1975, be and is hereby granted Preliminary Plat Approval, subject to 125 ft. drainage easement at rear of Lots 1, 2, 3, Block 1. Motion for adoption of the resolution was seconded by Councilman Courtney; and on roll call, there were three ayes and Councilman Richards voting nay because of the size of Lots 1, 2, 3, Block 2, and the resolution was adopted.<See correction in Minutes of 8/18). NAGENGAST ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and placed on file. Mr. Luce presented Nagengast Addition for preliminary plat approval contingent on a 5 percent cash parkland dedication as recommended by the Planning Commission. offered the following resolution granting preliminary plat approval for Nagengast Addition and moved its adoption: Councilman Courtney RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO NAGENGAST ADDITION BE IT RESOLVED by the Edina City Council that the plat entitled "Nagengast Addition", presented by J.J. Nagengast, and presented for Preliminary Plat approval at the Edina City CounaiLMeeting of July 21, 1975, be and is hereby granted Preliminary Plat approval, contingent on 5 percent cash parkland dedication. Motion for adoption of the resolution was seconded by Councilman Courtney; and on roll call, there were €our ayes and no nays, and the resolution was adopted. (See correction in Minutes of 8/18). ALLEY VACATION (ABBOTT/BEARD/W.60) CONTINUED to August 4. presented by Clerk, approved as to form and placed on file. Mr. Dunn noted that a petition had been received to vacate the alley in Block 5, Harriet Manor 2nd Addition. Mr. Essen, 5928 Abbott, complained of the damage to his hedge and redwood fence and Affidavits of Notice were 7/21/75 requested protection of his property, stating that the 14 ft. easement,is too narrow for turning movements. Messrs. Fisher, 5924 Abbott, and Wescott, 5933 Beard, also spoke in favor of the vacation. In opposition were Messrs. David Nelson, 5917 Beard; Leonard Anderson, 5909 Beard; E. Carmichael, 3408 W. 60th Street; and Dan Hanscom, 3412 W. 60th St.' Thereupon, Councilman Courtney moved, Councilman Richards seconded and motion carried that the matter be tabled to August 4th, with the provision that Mr. Dunn inspect the property and the suggestion that the residents meet to determine a solution. BROOKSIDE AVENUE VACATION (BEHIND GRANDVIEW LIQUOR STORE) APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and placed on file. Mr. Dunn reported the Minnesota Gas Company objected to the vacation as it affects the maintenance of their gas main. No further objections being heard, Councilman Courtney offered the following resolution and moved its adoption: I RESOLUTION VACATING A PORTION OF BROOKSIDE AVENUE WH.EREAS, a resolution of the City Council, adopted the 16th day of June, 1975, fixed a date for a public hearing on a proposed vacation of Brookside Avenue a (behind Grandview Liquor store) and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 21st day of July, 1975, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of Brookside Avenue be and is hereby vacated effective as of 21st of July, 1975: That part of Brookside Avenue as shown on the plat of Grand View Heights, on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, which lies between the Easterly extension across Brookside Avenue of the South line of Tract C, Registered Land Survey No. 1393, Files of the Registrar of Titles, Hennepin County, Minnesota, and the extension across Brookside Avenue of the South line of Hopkins Road, as shown on said plat of Grand View Heights. Provided, however, that after due consideration, the Council has determined and hereby specifies that the foregoing vacation shall not affect, and there is hereby continued, reserved, and retained, the following existing easements and authority in, on, and under the above vhcated area: (a) The authority of the City of Edina to enter upon the above vacated area to ,maintain, repair, replace, remove, or otherwise attend to, all of the pipes, mains, lines, and hydrants for water, sanitary sewer, or storm and drainage water, now in, on, or under the above vacated area; jb) The authority of the Minnesota Gas Company to enter upon the West 30 feet of the above vacated area to maintain, repair, replace, remove, or otherwise attend to, all of the poles, pipes, mains, and lines for gas lines and mains now in, on, or under the above vacated area; (c) The authority of each and every other person or corporation owning or control- ling any electric or telephone poles and lines, gas or sewer lines, or water pipes, mains, and hydrants, now in, on, or under the above vacated area, to enter upon the vacated area to maintain, repair, replace, remove, or otherwise attend thereto; and that the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Councilwoman Schmidt; and on roll call, there were four ayes and no nays and the resolution was adopted. 'a. ..-- + .. .- c- LOT 2, SHARPE-BAKKE ADDITION, DIVISION APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and placed on file. Mr. Luce presented - Lot 2, Sharpe-Bakke Addition for division into two lots and recommended approval ' contingent on a 5 percent cash in lieu of parkland dedication. Courtney offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: Councilman RESOLU TI0 N Lot 2, Sharpe-Bakke Addition; and