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HomeMy WebLinkAbout19770404_regular125 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY JULL APRIL 4. 1977 7:OO P,M. Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of February 28, 1977, were approved as corrected to reflect that $1,000 was authorized to be spent for advertising and relating matters in the search for a new City Manager. motion of Councilman Courtney, seconded by Councilman Shaw. Minutes of March 7, 1977, were approved as submitted. by Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. A.A.U. NOVICE GYMNASTICS TOURNAMENT CHAMPIONS CONGRATULATED. Councilman Shaw offered the following resolution and moved its adoption: - RESOLUTION OF CONGRATULATIONS WHEREAS, five Edina High School students were named 1977 Minnesota State All-Around Champions in the State-Amateur Athle'tlic Union Novice Gymnastics Tournament ; and WHEREAS, these five girls have demonstrated great, ski1 and ability in their per- formance of gymnastic exercises; and WHEREAS, under the direction of Coach John "Skeeter" Helgerud over the years, these girls have practiced diligently to obtain skill and precision as gymnasts, with their efforts having been rewarded by winning the 1977 Minnesota State All-Around Championship in the State Amateur Athletic Union Novice Gymnastics .Tournament; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby extend its most sincere congratulations to Julie Chapman, Beth Eames, Ginny Johnson, Darla Langefels and Sue Lund; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to them and to Coach Helgerud. Motion for adoption of the resolution was seconded by Councilman Courtney and unanimously carried. . STATE BALANCE BEAM CHAMPION- COMMENDED, Councilman Shaw offered the ,following resohtion and moved its adoption: m RESOLUTION 02 CONGRATULATIONS WHEREAS, Barbara Summers represented the Edina West Upper Division in the State . Girls' Gymnastics Meet at Anoka High School on March 18 and 19, 1977; and WHEREAS, over the years, Barbara Summers has practiced diligently to obtain skill and precision as a gymnast; and WHEREAS, because of har dedication and years of training, Barbara Summers captured the Minnesota State Gold Medal on the Balance Beam Competition ot the State Girls' Gymnastic Meet; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council extend its heartiest congratulations to BARBARA SUMMERS and to her coach, LEE GARBE; and BE IT FURTHER RESOLVED that an appropriate copy of this resolution be presented to Barbara Summers and to Coach Garbe in recognition of her winning the State Title in Balance Beam Competition at the State Girls' Gymnastics Meet. Motion for adoption of the resolution was seconded by Councilman Courtney and unanimously carried. POLICE CHIEF CRAIG SWANSON INTRODUCED. Chief, Craig Swanson, advising that he had been on the Edina Police force since 1966, and reviewing his background in the field of Police work. offered congratulations and best wishes by the Mayor and Council. Mr. Hyde introduced Edina's new Police Chief Swanson was SPECIAL ASSESSMENTS LEVIED FOR VARIOUS IMPROVEMENTS IN 50TH AND FRANCE AREA. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. action taken as hereinafter recorded: Due notice having been given, public hearings were conducted and A. CONSTRUCTION OF PARKING LOT IMPROVEMENT NO. P-9 IN THE FOLLOWING: Parking lot behind 3944 W. 49% Street Mr. Luce presented Analysis of Assessment showing total construction.cost at $810.00, proposed to be assessed against the East 85 feet of the West 120 feet of the East 172 feet of the South 150 feet of the North 1/2 of Lot 36, except street, Auditor's Subdivision No. 172. No objections were heard and none had been received prior thereto. I (See Resolution Ordering Assessment later in Minutes.) B. CONSTRUCTION OF WATERMAIN IPPROVEMENT NO. WM-298 IN THE FOLLOWING: To serve 4936 France Ave. S. Mr. Luce presented Analysis of Assessment showing total construction cost at $1,301.70, proposed to be assessed against Lot 25 and the North 147 feet of Lot 29 and the East 1 foot of the North 147 feet of Lot 30, Auditor's Subdivision No. c. 4/4/77 . No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) C . CONSTRUCTION OF WATERMAIN INPROVEPIENT NO. Wf-304 IN THE FOLLOWING: To serve 3939 W. 50th Street Mr. Luce presented Analysis of Assessment showing total construction cost at $1,627.38, proposed to be assessed against that part of the East 60 feet lying North of the South 189.5 feet of Lot 43, Auditor's Subdivision No. 172. objections were heard and none had been received prior thereto. Ordering Assessment later in Minutes.) D. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-332 in the following; Mr. Luce presented Analysis of Assessment showing total construction cost at $1,137.75, proposed to be assessed against that part of the East 60 feet lying North of the South 189.5 feet of Lot 43 thereof, Auditor's Subdivision No. 172. No objections were heard and none had been!received prior thereto. tion Ordering Assessment later in Minutes.) In front of 4100 I?. 50th Street ' ;"". No (See Resolution To serve 3939 I?. 50th Street I (See Resolu- E. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. S-18 IN THE FOLLOWING: Mr. Luce presented Analysis of Assessment showing total construction cost at $6,742.13, proposed to be assessed against Lot 8, including the adjacent 1/2 of the facated street, Lund-Kruse Addition. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) . Relocation of Power Service at'Rear of 51pl Gorgas Ave. Mr. Luce presented Analysis of Assessment showing total assessable cost at $250.00, proposed to be assessed against part of Lots 56 and 49, Auditorls Sub- divison No. 172 as described in the Notice of Public Hearing. heard and none had been received prior thereto, whereupon Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF F. CONSTRUCTION OF UNDERGROUND UTILITY NO. UlT-2 IN THE FOLLOWING: No objections were IMPROVEMENTS NOS. P-9, FJM-298, WM-304, SS-332, S-1.8 AND .. uu-2 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearing held on April 4, 1977, has considered all oral and written objections preserited agaiost the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the following improvements: The City has given notice of hearings as required by law on the proposed Parking Improvement No. P-9 Watermain Improvement No. WM-298 Watermain Improvement No. WM-304 Sidewalk Improvement No. S-18 Underground Utility Improvement No. UU-2 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessment on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in five (5) equal annual installments, the first of said installments, together with interest at the rate of 6% per annum on the entire assessment from the date hereof to December 31, 1978, to be payable with the general taxes payable in 1978. 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set. forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any right-of- way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Councilman Shaw. .* Sanitary Sewer No. SS-332 .. * . Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. GRADING AND GRAVELING IMPROVEMENT NO. P-C-124 AND STREET IMPROVEMENT NO. P-BA-226 motion continuing pul April 18, 1977 , was seconded by-Councilm,+n Courtney. 4/4/77 INTERLACHEN HILLS 3RD ADDITION ZONING AND PRELIM1NAF.Y PJA'r APPROVAL CONT -- 1 NUED TO APRIL 18, 1977. I As recommended by Mr. Luce, Councilman Sliiiwts iuotioii vas seconded by CounciZwoman Schmidt , continuing zoning and prcliminary plat approval for Interlachen Hills 3rd Addition to April 18, 1977. - Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ORDlNANCE NO. A BUILDABLE LOT. Being advised by Mr. Luce that a11 ordinance requirements have been met, Councilman Courtney's motion declaring Outlot A, McCauley Heights 4th Addition a buildable lot was seconded 'by Councilman Shaw. then offered Ordinance No. 811rA92 for Second Reading and moved its adoption: 811-A92 ADOPTED; OUTLOT A, MC CAULEY HEIGHTS 4TH ADDITION DECLARED Councilman Courtney ORDINANCE NO. 811-A92 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: amended by ndding the following thereto: the following properties: Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is "The extent of the Multiple Residence District is enlarged by the addition of Outlot A, McCauley Heights 4th Addition, and Lot 1, Block 1, McCauley Heights 4th Addition, which is in Subdistrict R-2." Sec. 2. and publication, Motion for adoption of the ordinance and the motion was seconded by,Councilmn Shaw. This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Cotrtney, Richards, Schmidt, =% Shaw, Van Valkenburg Nays: 'None Ordinance adopted. - HEARING DATES SET FOR VARIOUS PLANNING MATTERS. As recommended by Mr. Luce, Councilwoman Schmidt's motion setting hearing date for April 18, 1977, for the following planning matters was seconded by Councilman Richards: 1. 2. 3. ? 4. 5. 6, 7. Rezoning of Lot 2, Block 5, McCauley Heights 3rd Addition (generally located at the Southeast corner of McCauley Trail and Indian Hills Road) from R-2 Multiple Residence District to R-1 Single Family Residence District; Rezoning of Part of Sec. 8. T. 116, R. 21 (generally located West of Cahill Road, North and South of Amundson Ave. extended) from R-1 Single Family Residence District and R-3 Multiple Residence District to PRD-3 Planned Residential District; Colonial Church of Edina request for rezoning, subdivision and Flood Plain Permit (plan change) for property gener.ally located South of Olinger Elvd. and West of Tracy Ave; Preliminary plat for Muir Woods 3rd Addition (generally located East of Comanche Court along Valley View Road); Preliminary plat for McCauley Heights 7th Addition (generally located East of IlcCauley Trail, North of NcCauley Lane and South of McCauley Circle); Amendment of Ordinance No. 801 as to platting of outlots and buildable lot divisions; Amendment of Ordinance No. 811 as to setting hearing dates for ings; Council hear- and setting May 2, 1977, as hearing date for readoption of Ordinance No. 815 and 815-A1 (Flood Plain Ordinance) e Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried e LAKE EDINA VILLAGE REPLAT EASEMENT VACATIONS APPROVED. Affidavits of Notice were presented by presented the request of the City of Edina for vacation of utility easements in Lake Edina Village Replat. the following resolution and moved its adoption: Clerk, approved as to form and ordered placed on file. Mr. Dunn No objections being heard, Councilman Shaw offered I - RESOLUTION VACATING EASEMEMTS- FOR UTILITY PURPOSES WHEREAS, a resolution of the City Council, adopted the 28th day of February, 1977, fixed a date for a public hearing on the proposed vacation of easement for utility purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 4th day of April, 1977, at which time all persons desiring to be heard were'givcn 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 easement vacations be made; and WIIEREAS, the Council has considered tlic cxtcnt to wliich the vncnt i.on af Fwts - 4/4/77 1 exiszing easements within thc area of the vacation nncl 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 easement areas or portion thereof vacated to maintain, rep+ir, 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 the utility easements be and are hereby vacated, effective as of this date, April 4, 1977: jlZS The Southeasterly 5 feet of Lot 4, Block 1, Lake Edina Village Replat, except.the Northeasterly 10 feet and the Southwesterly 5 feet thereof;; and The Northwesterly 5 feet- of Lot 5, Block 1, Lake Edina’Village Replat, except the Northeasterly 10 feet and ‘the Southwesterly 5 feet thereof; and The Southeasterly 5 feet of Lot 5, Block 1, Lake Edina Village Replat, except the Northeasterly 10 feet and the Southwesterly 5 feet thereof; and The Northwesterly 5 feet of Lot 6, Block 1, Lake Edina Village Replat, except the Northeasterly 10 feet and the Southwesterly 5 feet thereof; . . 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 Ninnesota Statutes, Section 412.851. Notion for the adoption of the foregoing resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, VanValkenburg Nays: None Resolution adopted. LOTS 1 AND 2, BLOCK .I, KILLARXEY SHORES , LOT DIVISION APPROVED. bv Mr. Luce of a petition for division of Lots 1 and 2, Block 1, Killarney Shores Being advised -, - along the party wall, Councilman Courtney offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: RESOLUTION Lot 1, Block 1, Killarney Shores and the North 6 feet of Lot 2, Block 1, Killarney Shores; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels, (iiereir? called 71Farcel~1’) descwibed as follows : The North 6 feet of Lot 2, Block 1, 1.illarney Shores, together with that part of Lot 1, Block 1, Killarney Shores, lying South of the following described line: Commencing at a point in the West line thereof, distant 45.06 feet North of the Southwest corner thereof to a point in the East line thereof, distant 45.11 feet North of the Southeast corner thereof as measured along said East line and excepting therefrom that part of said Lot 1 taken for Road Easement described in document No. 3859785; and Lot 1, Block 1, Killarney Shores, except that part lying South of the following described line: Commencing at a point in the IJEst line thereof, distant 45.06 feet North of the Southwest corner thereof to a point in the East line thereof, distant 45.11 feet North of the Southeast corner thereof as measured along said East line and excepting therefrom that part of said Lot 1 taken for Road Easement described in document 210. 3859785; and I*IHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Par- . cels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby . approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as sep- arate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further sub- division be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Notion for adoption of the resolution was seconded by Councilman Shaw. I Rollcall : Ayes : Courtney, Richards , Schmidt , Shaw, Van Valkenburg Nays: None Resolution adopted. DAYTON DEVELOPMENT REGISTERED LAND SURVEY APPROVED. ton Devcl.opmcizt Registered Laiicl Survey now inccts all ordinance requirements, Being advised that the Day- Coancilman lEchards offered the following resolution and moveti its adoption: I,' 4/4/77 129 RESOLUTION GRANTING FINAL APPROVAL OF DAYTON DEVELOPMENT COMPANY R.L.S. BE IT RESOLVBD by the City Council of the City of Edina, Ninnesota, that that certain Registered Land Survey, presented for approval by Dayton Devel.opment Company covering property located North of W. 69th Street, South of W. 66th Street, East of France Avenue and West oE York Avenue (Southdale Center) and presented at the Edina City Council Meeting of April 4, 1977, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes : Nays: None Resolution adopted. Courtney, Richards, ;Schmidt, Shaw, Van Valkenburg SALE OF LOTS IN LAKE EDINA VILLAGE REPLAT (LAKE EDINA 3RD ADDITION) DISCUSSED. Mr. Hyde recalled that only one bid had been received for the eight lots owned by the City in Lake Edina Village Replatnd that Council had approved the sale of Lot 5, Block 1 on March 16, 1977. He refemed to a memo listing three,addi- tional proposals: 1) from J. J. Nagengast for Lot 1, Block 2, at $15,725; 2) from Keho Construction Company for all seven remaining lots for a total of $49,000; and 3) from Kent Swanson for Lots 1 and 2, Block 2, for a total of $30,000 and $40,000 for the five remaining lots. Mr. Hyde clarified that any possible conflict of interest had been removed from the sale of lots to Mr. Swan- son inasmuch as he has announced his intention to leave his position with the City and go into private business. Following discussion, Councilman Richards movgd for qprovalofthe sale of Lots 1 and 2, Block 2, Lake Edina Village Replat to Mr. Kent Swanson for $30,000 and holding the remaining lots until some future time was seconded by Councilman Shaw. The motion also stipulated that a down payment be made of $1,000 with the balance to be paid at 8% at $250.00 per month, that the buyer must pay in full before selling the lots or before applying for a build- ing permit, that there be a five year balloon, a limited warranty deed, and that the buyer be responsible for taxes due in 1978 and subsequent years and install- ments of special assessments be payable therewith. Rollcall : Ayes: Courtney, Richards, Schmidt,.Shaw, Van Valkenburg Nays: None llotion carried. WATERMAIN IMPROVEMENT NO. WM-76 CONNECTION CHARGE APPROVE5 offered the following resolutdorr and moved its adoption approving the request of Mr. arid Mrs. J. P. Nichols, 4720 W. G2nd Street for connection. to Natermain Lateral No. WM-76: Councilwoman Schmidt RESOLUTION BE IT R?ISOLVED that the Edina City Council does hereby authorize the assesss- ment of a connection charge of $710.60 for hook-up to Watermain Improvement No. WM-76 to be paid at 5% interest over a period of G years for Lot 10, Block 5, Virginia Addition. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes : Courtney, Richards , Schmidt , Shaw, Van Valkenburg Nays: None Resolution adopted. ON-SALE BEER LICENSES APPROVED. Counc.ilman Richards approving On-sale Beer Licenses for Cicero's - A Musical Eat- ery and for Fifth Floor, Inc., for the Minnesota Room at Donaldson's Southdale. Motion of Councilman Shaw was seconded by Ayes : . Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. EDINA FOUNDATION APPROVED. had approved the proposed documents relative to the Edina Foundation and that he had made some recommendations, particularly as to problems which might develop if the school districts should be reorganized by the Legislature. suggested that the documents recite that the Foundation is for the benefit of "the City and the schools within the City of Edina". his thanks to the Dorsey Firm for contributing their legal services for the Foundation. by Councilman Richards. Mayor Van Vallcenburg advised that the school officials Mr. Ericlcson Councilman Shaw expressed His Kotion for approval of the Foundation documents was seconded Ayes : Courtney , Richards , Sc'li~riidt, Shaw, Van Valkenburg .Nays: None Motion carried. 4/4/77 POLICE DEPARTMENT REOlIGANIZATION PROGRAM APPROVED. Reorganization Plan as proposed by Mr. Hyde, which plan incorporated the major components of the Cresap, McCoriniclc & Paget proposal with the esceptigns of 1) Investigative Lieutenant replacihg the position of Investigative Captain; 3) the deletion of the position of Juvenile Sergeant. Mr. Hyde advised that, with these modifications, the total complement of the Police Department would remain at its present strength of 43 positions. Councilman Courtney's motion that the reorganization be approved as proposed was seconded by Councilman Richards. Council reviewed the Police an Administrative Captain to replace the AdminisCrative Lieutenant; 2) an Ayes: Nays: None Motion carried. Courtney? Richards, Schmidt, Shaw, Van Valkenburg SIDEWALK IEPROVEMENTS NOS. P-S-21 and P-S-22 INFORELAL HEARING DATES SET. recommended by Mr. Dunn, Councilwoman Schmidt's motion was seconded by Council- maa Courtney, setting April 18, 1977, for hearing date for infoml hearings for State Aid Sidewalk Improvement as follows: As I Sidewalk Improvement No. P-S-21 in the following: Sidewalk Improvement No. P-S-22 in the following: North side of W. 70th East side of Antrim Street from Hillside Lane to Antrim Road Road from W. 70th Street North to existing sidewalk on Antrim Road Rollcall: Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg THREE-WHEEL GRASS NOWER PURCHASE APPROVED. As recommended by lfr. Rosland, Councilman Richards' motion was seconded by Councilwoman Schnidt, authorizing the purchase of two three-wheel grass mowers from Kromer Company in the amount of $4,311.00. High bid received from George Cermak Co. was given at $4,790.00. Ayes: Churtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PERSONNEL CHANGES NOTED. Mr. Hyde advised Council of the resignation of Messrs. Greg Luce and Kent Swanson, and asked Counci's guidance in chosing their replace- nenSs. liayor Van Valkenburg wished Xr. Luce we11 in hfs EEW position, ..Three other resignations were also noted. No formal action was taken. LOT 5, BLOCK 1, GLEASON 3RD ADDITIOi? DIVISION DESCRIPTION COKRECTED. Council .was advised that an error had been made .in the legal description for the division of Lot 5, Block 1, Gleason 3rd Addition which had been approved on March 7, 1977. Councilmzn Shaw thereupon offered the following resolution to reflect the proper legal description and moved its adoption: IAEREAS, the following described tracts are now separate parcels : RESOLUTION TRACT I: Lot 5, Block 1, Gleason Third Addition, Hennepin County, Ninne- sota; and TRACT 2: Outlot A, Gleason Third Addition, except that portion lying to the West of the following described line, to-wit: Beginning at the North- westerly corner of said Outlot A; thence Southerly alorig the most Westerly line of said Outlot A, which line is 122 feet in length, a distance of 22 feet to the actual point of beginning; thence Southeasterly to a point on. the Northerly edge of Aspen Road, which point lies 46 feet Easterly of the intersection of said Westerly line and Aspen Road, as'lceasured along the said NortherLy edge of Aspen Road, and there terminating, which lies Southerly of the following described line and its extensions? to-wit: Beginning at the most Easterly corner of said Outlot A, thence Southwesterly along the Southeasterly line of said Outlot A, a distance of 27 feet to the actual point of beginning; thence Northwesterly along a line parallel to that line of said Outlot A, which line is 115.40 feet in length and runs Northwesterly from the most Southerly pdnt of said Outlot A, a distance of 132 feet, thence Westerly along a line parallel to the Northerly line of said Outlot A, which line is 134.41 feet in length, to the intersection with the Westerly line of the above described property, and there terminat- ing, all located in Hennepin County, Minnesota; and I WHEREAS, the otmers of the above tracts desire to divide said tracts into the following described new and separate parcels (herein called "Parcels"): PARCEL 1: Lot 5, Block 1, Gleason Third Addition, except that part of Lot 5 lying Northerly of the following deacribcd line: point on the Northwesterly line of said Lot 5, said point being 20.0 feet Southwesterly of and measured from the most Northerly corner of Lot 5; thence Easterly to a point on tlic Northeasterly liiie oE Lot 5, said point Commencing at a 4/4/77 .. 131 being 75.0 feet Northwesterly from the most Easterly corner of Lot 5, and there terminating; all located in Hennepin County, PIinncso ta; and PAliCEL 2: Outlot A, Glcason Third Addition, except that portion lying to the West of the following described line, to-wit: Beginning at the Northwesterly corner of said Outlotl A; thence Southerly along the most Westerly line of said Outlot A, which line is 122 feet in length, a distance of 22 feet to the actual point: of beginning; thence Southeasterly to a point on the North- erly edge of Aspen Road, which point lies 46 feet Easterly of the intersection of said Westerly line and Aspen Road as measured along the said Northerly edge of Aspen Road, and there terminating, which lies Southerly of the following described line and its extensions, -to-wit: Beginning at the most Easterly corner of said Outlot A, thence Southwesterly along the Southeasterly line of said Outlot A, a distance of 27 feet to the actual point of beginning; thence Northwesterly along a line parallel to that line of said Outlot A, which line is 115.40 feet in length and runs Northwest- erly from the most Southerly point of said Outlot A, a distance of 132 feet, thence Westerly along a line parallel to the Northerly line of said Outlot A, which line is 134.41 feet in length, to the intersection with the Westerly line of the above described property, and there terminating; And that part of Lot 5, Block 1, Gleason Third Addition lying Northerly of the following described line: line of Lot 5, said point being 20.0 feet Southwesterly of and measured from, the most Northerly corner of Lot 5; thence Easterly to a point on the North- easterly line of Lot 5, said point being 75.0 feet Northwesterly from the most Easterly corner of Lot 5, and,there terminating, all in Hennepin County, ' Commencing at a point on the Northwesterly rn m a U I\. a Minnesota; and WHEREAS, it has been determined that compliance with the subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, RE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and therequirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless rcade in cmpliance xith the pertinent ordinsnces oE the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Courtney.. Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg PUBLIC SAFETY pa10 COWNICATIONS EQUIPME" AG?-7EEME" WITH HENNEPIN COUNTY As recommended by Mr. Kyde, Councilman Courtney offered the following resolution and moved its adoption: FW3OLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and Manager to enter into lease agreement with Hennepin County for public safety radio communications equipment for the period January 1, 1977, through December 31, 1977. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg BIKEWAY AND WALKING TRAIL SIGNS PURCHASE APPROVED. Councilwoman Schmidt's motion was seconded by Councilman Richards, authorizing purchase of twenty-three bikeway signs, five walking trail signs, two general cautionary bikeway signs, and miscellaneous directional signs to be used to mark the Lake Cornelia Park bikeway and walkway and the Bredesen Park bikeway and walkway from low bidder, Nordquist Sign Company, for $650.00. High bidder was Leroy Signs, Inc., at $1,058.00. (It was pointed out that the Edina Federated Junior Women's Club has contributed $300 toward the design and purchase of these signs and that the balance of the cost would come from the Park Department Capital Improvements fund.) As recommended by Elr. Hyde, Ayes: Nays: Kone Mot ion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg 4/4/77 OPPOSITION TO SENATE FILE 350 EXPRESSED. lowing resolution and xoved its adoption, with the understanding that the Clerk convey the Council's concern about increasing election costs in her cover letter to the Legislators : Councilman Courtney offered the fol- RESOLUTION OPPOSING SENATE FILE 350 (Local Government Election Day Bill) T*?HEREAS, under Senate File 350, all units of local government will be required to - hold their elections on odd numbered years; and WHEREAS, Senate File 350 also changes the Election Laws so that there will be only 28 days between the close of filings and the Primaryklection; and WHEREAS, under Senate File 350, there will be only 34 days between the Pkimary and General Elections: NOW, THEREFORE, BE IT RESOLVED that the Edina City Council opposes passage of Senate File 350 in its present form for the following reasons: . 1. 2. 3. 4. BE The proposed 28 day period between the close of filings and the Primary Election date and the proposed 34 day period between the Primazy and General Election Days do not give sufficient time for printing ballots and setting up voting machines before the next election. This will cause an undue hard- ' ship on both voting machine custodians and on printers, forcing them to work under pressure of time, and therefore, increasing the possibility that errors may be made in the ballots and in setting up voting machines. The 34 day period between the Primary and General Elections does not give sufficient time for City and Council election personnel to'process voter registration records; Nunicipalities would be unable to comply with the existing Minnesota Statute which requires that absentee voting be commenced 15 days before each election; The will of the electorate is more fully carried out if municipal elections are conducted at the same time "as general elections at which more voters historically cast their ballots than at elections at which only local issues are determined; and IT FURTHER RESOLVED that copies of this resolution be transmitted to Senators Otto Bang and Harmon T. Ogdahl-and to Representatives Bhry Forsythe, Ray 0. Pleasant and lJilliam Dean and to James Rice, Chairman of the House Elections Com- mittee. Motion for adoption of the resolutio2 was 'seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtzey, XLcSards, Schmidt, Vari Valkenburg Nays: Shaw Resolution adopted. Councilman Shaw explained that he'believes that it is an adventage to the SchDol District and to the local community to have elections in an odd year when they are not submerged in a national QE state election. STORM SEICER IMPROVEMENT NO. . ST. S-140 AGREEbENT WITH BLOOMINGTON APPROVED. Mr. Dunn advised that a portion of Storm Sewer Improvement No. ST.S-140.i~ being constructed in the City of Bloomington and that it is now'decided that an agree- ment should be negotiated between Bloomington and the City of Edina. that there is no money involved. As recommended by Blr. Dunn, Councilman Shaw offered the following resolution and moved its adoption: BE IT RESOLVED that the Mayor and Manager are hereby authorized to enter into agreement with the City of Bloomington relative to the construction of Storm Sewer Improvement No. ST. S-140. Motion for adoption of the resolution vas seconded by Councilman Courtney. He clarified RESOLUTION Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. REORGANIZATION OF BOARDS AND COXHISSIONS CONTINUED TO MAY 2, 1977. Richards referred to letters which he had forwarded to the Councx and to a tele- phone call from one member of the Park Board objecting to the proposed*merger of the Park Board and the Human Relations Conunission. Councilman Richards said that, while it is probably true that 15 menibers are a large board, he suggested that it might be better to start out with a large committee and then not to refill the position. education of each other as to the proper functions, but that the size of the conmissions might be phased down by not reappointing members who rcsign. suggested that the procedure for reducing the nurAber of nicmbers on the various boards could be spelled out in the ordinance. &s, Donna Scudder, Chairman of Local Government for the Edina League of Women Voters, said that the League is Councilman. He clarified that some times their might be an "overlap" in the It was 4/4/77 133 { j concerned as to the specific function of each conmission and what wi.11 happen to some of the commissions (such as the Open Space Commission) which were not mentioned in Councilman Richards ' report. Members might remain on a particular Board for too long a period of t5me. Mrs. Scudder suggested that ehe plan to make the Mayor and Council members of the Housing and Redevelopment Authority should wait until the completion of the 50th and France Avenue improvements, Mr, Luce advised that the Envir- onmental Quality Commission recommended that three members of the Planning Commission and three members of the Council be appointed by the Chairmen of each of those organizations to assist the Council or the staff in the prepara- tion of the new ordinance and that there be a maximum of nine members on the commissions. The Planning Commission had also recommended that the Board of Appeals not be combined with the new joint body. Mrs. Mary Anderson, Chairman of the Human Kelations Commission, expressed her reservations about the proposed merger of the Human Relations Commission and the Park Board and asked that the . Council delay its decision for one month for further input from the various com- missions and the staff. Mr. Rosland said that the Park Board has not yet taken any final action on the proposal. It was suggested that the City and the School District work more closely in the field of human services. Mrs. Alison Fuhr suggested that appointment of sub-committees might be beneficial. Efrs. Mary Ness said that she is not opposed to the plan, but that Council should recognize that some people are firmly dedicated to a particular cause. Councilman Richards repliedithat he did not believe that special interest groups are desirable from an organizational point of view. Following considerable d'iscussion, the Mayor asked that fu2thur May 2, 1977. No formal action was taken, Mayor Van Valkenburg thanked Council- man Richards for the effort that he had made in preparing the proposed commis- sion revisions. rr Concern was expressed that Board suggestions to be pfesented to Council at its meeting of - SCHOOL DISTRICT CONSOLIDATION BILL OPPOSED BY SCHOOL BOARD. burg advised that Mrs. Nancy Atchison of the School.Board wPll be attending the Legislature with a. group of interested citizens to oppose the School Dis- trict Consolidation Bill. Efrs. Atchison will call the City Clerk tomorrow to learn of' Council's action.opposing the bill, LIQUOR FUND as of December 31, 1976, wzs.reviewed and ordered placed on file by motiozl of Councilman Courtney, seconded by Councihan Richards. Mayor Van Valken- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CLAIMS PAID. payment of the following claims as per pre-list: Park Fund, $4,309.18; Golf Fund, $1,261.05; Rec. Center Fund, $1,276.54; Gun Range, $27.11; Water Fund, $8,326.23; Sewer Fund, $4,168.72; Liquor Fund, $90,706.71; Construction Fund, $57,108,68; IBR Fund, $640,40; Total, $285,607.65. Council's agenda having been covered, Councilman Shaw's motion for adjournment was seconded by Councilman Richards and carried.. Adjournment at 9:05 p.m. Motion of Councilman Courtney was seconded by Councilman Shaw for General Fund, $120,783.03; .. .* I