MINUTES OF THE REGULAR MEETING
<br />OF THE EDINA CITY COUNCIL
<br />HELD JUNE 7, 1976, 7:OO P.M. AT CITY HALL
<br />Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Van Valken-
<br />MINUTES of the meeting of May 17, 1976, were approved as submitted by motion of
<br />Councilman Shaw, seconded by Caiincilwoman Schmidt.
<br />Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
<br />Nays: None
<br />Mot ion carried.
<br />GERALD R. FORD BICENTENNIAL MESSAGE READ.
<br />nial Message from President Gerald R. Ford commending the City of Edina for play-
<br />Mayor Van Valkenburg read a Bicenten-
<br />ing a special part in the celebration of the 200th Anniversary of the American
<br />ORDINANCE NO. 811-A72 GRANTED SECOND READING; PUBLICATION WITHHELD. (Council-
<br />tioman Schmidt left the meeting.) Mr. Luce recalled that the request for 0-1
<br />Office District zoning of Nelson Smith & Associates for 4536 France Ave. S. had
<br />been granted First Reading on May 17, 1976, with the understanding that the
<br />Council receive acceptable conditions from the Board of Appeals and restrictions
<br />prepared by the proponent which would be filed and run with the land before the
<br />zoning is brought back for Second Reading. He advised that the Board of Appeals
<br />had granted the necessary variance, provided the proponents execute a declaration
<br />including, without limitation, use as an interior design studio,with related
<br />automobile parking.
<br />two immediately to the West and two immediately to the East of the existing build-
<br />ing on the property, unless more are requested by the owners and approved by the
<br />Council, or unless more are required by the Edina City Planner to relieve con-
<br />gestion or other traffic problems on the property;
<br />3. Blacktop and permanent curb shall be installed and maintained in all parking
<br />areas from time to time on the property.
<br />4. All portions of the property that from time to time are not hard-surfaced
<br />shall be landscaped pursuant to plans to be submitted to and approved by, and
<br />such landscape work shall be bonded in favor of The City of Edina, all pursuant
<br />to City of Edina Ordinance No. 404, and any amendments thereto;
<br />all times be screened from adjacent single-family residential area by screening
<br />property, or any part thereof, shall at all times be kept.in a healthy, well-
<br />maintained condition, and, as to nonvegetative material, in a good state of
<br />hereafter enacted or existing, and such statutes and ordinances shall be effect-
<br />ive as to the property even though more restrictive than or in addition to the
<br />tions herein contained mzy be released only by the City of Edina and may be
<br />released as to all or any part of the property by the City of Edina, at any
<br />time and from time to time by its sole act. Any such release shall be made
<br />upon the recording of such resolution in the same office in which this instru-
<br />ment has been recorded.
<br />unenforceable as to all or any part of the property, or any person or circumstance,
<br />Che application of such provision to the portions of the property, or to persons
<br />or circumstances, other than those as to which it shall be held invalid and
<br />unenforceable, shall not be affected thereby, and all provisions of the agree-
<br />ment in all other respects shall remain in full force and effect and be valid
<br />and enforceable;
<br />10. If any person shall violate or attempt to violate any of the covenants and
<br />restrictions contained in the agreement, it shall be lawful for the City of
<br />Edina, or any person owning any portion of the property, to prosecute any pro-
<br />ceedings at law or in equity against the person or persans violating or attempting
<br />to violate any such Declaration of Restrictions, or any part thereof, shall
<br />qply to and bind each and every present and future owner, occupier, and encum-
<br />brancer ol? the property.
<br />e oc, h m M u
<br />. of restrictions which would provide as follows:
<br />That the property shall be used only for business and professional offices,
<br />Not more than four (4) parking stalls shall be developed on the property,
<br />All improvements now or hereafter on all or any part of the property shall at
<br />. materials or devices acceptable to the City Planner.
<br />A11 landscaping and screening material or devices from time to time on the
<br />The property shall be subject to all applicable statutes and ordinances now or
<br />. covenants and restrictions contained;
<br />Excfpt as otherwise provided in paragraph 2 hereof, the covenants and restric-
<br />or done by resolution of the Edina City Council and shall be effective only -.
<br />Lf any provision of the agreement is for any reason held to be invalid or '