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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 />burg. <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 />, <br />ing a special part in the celebration of the 200th Anniversary of the American <br />Revolution. <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 />1. <br />including, without limitation, use as an interior design studio,with related <br />automobile parking. <br />,2. <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 />5. <br />all times be screened from adjacent single-family residential area by screening <br />6. <br />property, or any part thereof, shall at all times be a healthy, well- <br />maintained condition, and, as to nonvegetative material, in a good state of <br />repair; <br />7. <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 />8. <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 />9. <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 />8 <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 ' <br />.