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HomeMy WebLinkAbout19810504_regularMINUTES OF REGULAR COUNCIL MEETING OF EDINA CITY COUNCIL HELD AT CITY HALL MAY 4, 1981 Answering rollcall were members Bredesen, Richards , Schmidt, Turner arid Mayor Courtney. MINUTES of April 20, 1981, were approved as submitted by motion of Member Schmidt, 'seconded by Member Bredesen. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. ROLLAND J. RING RESIGNATION NOTED. was unanimously approved by the Council : The Mayor read the following resolution which RESOLUTION OF APPRECIATION TO ' ROLLAND J. RING WHEREAS, Mr. Rolland J. Ring has served Edina School District No. 273 since 1950 with loyalty and dedication to duty; and WHEREAS, Mr. Ring was appointed Principal of Edina Junior High School in 1956 and, since 195.8, has served with distinction as principal of Edina High School and of Edina East Upper Division; and WHEREAS, over the years, Rolland Ring has guided and endearec! himself to students and faculty alike, while furthering the high educational standards of Edina School District 273; and WHEREAS, with the closing of Edina East Upper Division, Rolland Ring retires as Principal of the school at the close of the 1980/81 school year; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council, in recognition of his many devoted years of service to the children of Edina, as well as to the comun- ity as a whole, that May 11, 1981, be designated in the City of Edina; and BE IT FURTHER RESOLVED that the roadway encircling the Edina East Upper Division Campus be designated in honor, recognition and appreciation for all that Xolland Rhg has done during his years with the Edina Public School System. ROLLIE RING DAY RING ROAD HISTORY AND ARCHITECTLZE OF EDINA, MINNESOTA PRESENTED. Mr. Foster Dunwiddie of the Edina Historical Society recalled that two years ago, the EdTna Historical Society commissioned a survey of historic sites in Edina and that a grant had been received to publish that survey. He advrsed that the survey had just been received from the publisher and presented a copy to each member of the Council. 'Mr. Dunwiddie said that it is hoped that the book,-.entitled History and Archi- tecture of Edina, Minnesota, will be available for sale to the public starting May 12, 1981. Council expressed appreciation for the work which had gone into this publication. No formal action was taken. OAK POND OF INTERLACHEN PRELIMINARY PLAT APPX0VA.L CONTINUED TO NEXT MEETING. Mr. Rosland recalled that Council had conducted a tour of the Oak Park of Interlachen site, located North of Evanswood Lane and West of Blake Road and that the Com- munity Development and Planning Commission had recommended a twelve lot single family plat, with a cul-de-sac at the end of Evanswood Lane ani! the release of an exlsttng stonn water ponding easement over the North end of Evanswood .Lane where the cul-de-sac would be located, with a re-dedication of that easement over a ponding area. Mr. Hughes added that the existing scenic easemerrt along the North side of the property from the pond should be redefined at this time. Roy Jenson, 5124 So. Blake Road, said that he represented property owners orr the Norrh side of the subject property and presented a petition containing the nams of 35 property owners asking that the proposed plat be rejected becauc ,e of the following concerns: thail most of the adjoining properties; is not in keeping with the natural woodlands quality of the area and the privacy provided by the existing lot configuration; cation on the property must not be altered to &xilitate a high-density plan; and 4) The implications of the subdivision proposal for furure developnent of the East side of Schaefer Road properties has not been adequately evaluated for emir- onmcntal impact on the land and the pond. expressed concern that action taken on this plat would set a precedent for future development in the &ea. lk. 1) The plat proposes a subdivision of lots which are smaller 2) The demity of the proposed subdivision 3) Tne ciisting scenic easement dedi- Mr. Earl Winger, 5112 Scriver Road, He emphasized that Edina's reputation should uot 3e 5/4/81 i.2 estroyed by "deep density construction". Dr- Franz Metzger, 5021 Schaefer Road, questioned the accuracy of the map and said that the developer cares nothing abaut the neighborhood and that he is proposing a density 7.4 times the present density. Nr. Netzer also expressed concern about the trees that would have to be cut down. Mr. Jenson advised that, wkth the proposed plat, his house would be surrounded by six back yards. He said that, because of errors in the topo- graphic map, four of the proposed lots would have to be further reduced in size. He also expressed concern that no inlet or outlet is being proposed for the pond which the developer is proposing to use for storm water storage and that adjacent properties would be flooded during heavy rains. Ms. Judy Rhiner of the Hopkins Planning Commission referred to Edina's Comprehensive Plan and said that the proposed development will change the character of the neighborhood. gested that neighbors sign a covenant not to divide their lots. Mr. Robert L. McCollum, attorney representing Mr. Brian Gensmer, 5216 Blake Road, objected . - that his client will bear most of the burden in respect to a reduction of property value. would reduce the value of the Gensmer property by $30,000 to $50,000 and that that it was originally proposed to plat the subject property byfextending Evans- wood Lane, but that the City had instead recommended the plan under considera- tion in spite of the fact that the original plan .called for lots which would be more consistent in size with neighboring properties. . Mr. J. C. Nystrom, 5225 Evanswood Lane, objected that the extension of Evanswood Lane on to Blake Road would create a.substantia1 amount of traffic and that the hilly terrain would not be s-xiitable for a road. ing reviewed the various alternatives and advised that fifteen lots had origin- ally been planned but that there are now only twelve proposed lots, all of which exceed the ordinance requirements, with the smallest lot being 14,250 square feet. He referred to a letter from a Registered Land Surveyor indicating that there would be no problem adjusting the scenic easement. provides adequate storm water drainage and that he had relied on a map provided by the City and the surveyor. Mr. Nichael Halley, the developer, said that.he had. to build their homes. Mr. Brian Gensmer expressed concern about the safety of the intersection of the proposed road with Blake Road. in -the zudience objected to. Mr. Gensmer's statement that Evanswood Lane residents' knew that this property would be developed by extending Evanswood Lane. Objecting also to the plat were Mr. Vincent Nierste, 6108 Fox Neadow Rd. and Nrs. Carol Kyllo, 5209 Schaefer Rd. Mr. C. M. Carson, 5209 Schaefer Rd., asked if the num- ber of lots in the plat could be reduced. Member Richards disagreed that the proposal would depreciate Mr. Gensmer's property and said he would favor a nine or ten lot development but would not vote in favor of the twelve lot plat. Bfem- ber Schmidt's motion that the hearing be continued until May 18, 1981, to give th2 developer an opportunity to work out a plan with a more reasonable number of lots was seconded by Member Richards. She sug- He said-that realtors have estimated that the loss of trees and privacy ..LV . Mr. Gensmer would "look to someone to recover his loss". Mr. McCollum recalled ~ Mr. Richard Krier of Westwood Planning and Engineer- He also said that the plat -'!paid a fortune" for the land because it was the type of land on which people want - An unidentified gentleman . Ayes: Zredesen, Richards, Schmidt, Turner, Courtney Nays: None Xotion carried. LOT 2, BLOCK 1, NINE MILE NORTH 2ND ADDITION DIVISION APPROVED. Mr. Hughes prel seated the petition for division of Lot 2, Block 1, Nine Mile North Second Adciir tion along a party wall. No objections being heard, Member Bredesen offered the - following resolution and moved its adoption: ICEEREAS, the following described property is at present a single tract of lmd: TJIIEREAS, the owners have requested the subdivision of said tract into separate par: cels (herein called "Parcels") : Lot 2, Block 1, "Nine Mile North 2nd Addition", except the Vesterly 55 feet thereof; and Lot 3, Block 1, "Nine Mile North 2nd Addition", except that part thereof lying Easterly of a line described as beginning at a point on the North lin of said Lot 3 distant 96.12 feet West from the Northeast'corner of said Lot 3; thence South 0 degrees 15 minutes 45 seconds East, assuned bearisig along 2 line parallel with the East line of said Lot 3 a distance of 114.30 feet: thence South 10 degrees 24 minutes 40 seconds East a distance of 157.74 feet to the Southerly lice of said Lot-3 and there terminating; and That part of Lot 3, Block 1, "Nine Mile North 2nd Additioa", Fling Easterly of a line described as Seginning at a point on the North line of said Lot 3 distant 96.12 feet West from the Koetheast corner of said Lot 3; thence South 0 degrees 15 minuces 45 seconcis East, assumed bearing along 2 lfne parallel with the %ast line of said Lot 3 a distance of 114.30 feet; thence South 10 degrees 24 minctes 40 seconds East a distance of 157.74 feet to the Southerly ltne of said LO~ 3 and there terminating; and RESOLUTION Lots 2 ad 3, Block 1, "Nine Mile North 2nd Addition"; and 5/4/81 0 B) -3 5 5 WEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Rcgulatioiis of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEWFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as sep- arate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 811 and 801 are hereby waived to allow said division and convey- ance thereof as separate tracts of land, but oniy to the extent permitted under Ordinance No. 801 and Ordinance No. 811, and subject to the limitations set out in Ordinance No. 811 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provi- sion that no further subdivision be made of said Parcels unless made in compli- ance 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. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt , Turner, Courtney Nays: None . Resolution adopted. LOT 6, BLOCK 5, MENDELSSmN DIVISION' APPROVED. Mr. Hughes presented the petition for division of Lot 6, Block 5, Mendelssohn to facilitate the purchase of the West 17 feet so thaf a new garage may be constructed on Lot 5, Block 5, Mendels- sohn. and moved its adoption: WHEREAS, the following described tracts of land are now separate parcels: Lot 6 and the East 65.00 feet of Lot 5, Block 5, Mendelssohn; and WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels") : No objections being heard, Member Schmidt offered the following resolution RESOLUTION The East 65.00 feet of Lot 5 and the West 17.00 feet of Lot 6, Block 5, Mendelssohn; and Lot 6, Block 5, Mendelssohn, except the West 17.00 feet thereof; and WHEREAS, it has been determined that compliance with che 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 Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, it is hereby 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 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 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. Motion for adoption of the resolution was seconded by Member Richards. . Rol lcal 1 : Ayes : Bredesen, Pzchards , Schmidt, Turner, Courtney Nays: None Resolution adopted. Member Schmidt left the meeting at this point. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Motion of Member Bredesen was seconded by Member Richards setting June 1, 1981,as hearing date for a Zoning Ordinance amendment which would add a Mixed Development District as a permitted use in the City and setting May 18, 1981, for hearing date for the following: 1.. 2, Al Johnson Addition - Preliminary Plat Approval Centrex Homes MidwestlManor Homes of Edina - Preliminary Plat and Zoning Change. Ayes: Bredesen, Richards, Turner, Courtney Nays: None Motion carried. -- EDINA FEST DISCUSSIOM CONTINUED TO MAY 18, 1981. Mr. Rosland referred to the request of Mr. John Waneke to use City facilities for Edina Fest over the 4th of July weekend, and expressed his concern as to whether an event of this length would be successful. Mr. Waneke outlined his plans and said that he has the endorsemnt of a number of civic organizations. proposed Edina Fest would be a commercial enterprise using City facilities. reconimended by Mr. hslznd, it was informally decided to refer the matter to the Concern was expressed that tihe A3 5/4/81 - .- Park Board for its recommendations, with final action to be taken by the CounkLl at its next meeting. SENIOR CITIZEN GOLF CAR PRICES REFERRED TO PARK BOARD. Council's attention was called to a letter from Mr. Jack Nullee objecting that retired people who are not well must pay $14.00 for a golf car. As recommended by Mr. Rosland, Member Turner's motion was seconded by Member Courtney referring the matter to the Park Board for its recommendation which will be considered by the.Council on May 18, 1981. Ayes : Nays: None Motion carried. Bredesen, Richards , Turner, Courtney BIDS ATJARDED FOR VARIOUS PUBLIC IMPROVEMENTS. Mr. Rosland presented tabulation of bids €or Street Improvements Nos. BA-240, BA-241, BA-245, BA-246, BA-247 and the Valnut Ridge Park Parking Lot Improvement. Paving Materials, Inc., low bidder at $146,014.03, Bury & Carlson, Inc., at $148,619.52, Blaketop Services Co. at $157.717.89, 17alley Paving, Inc., at $162,823.99, Bituminous Roadways at $165,908.45 and Hadrives, Inc., at . . . $183,050.00, against Engineer's estimate of $232,779.75. Ifember Bredesen's motion was seconded by Member Richards for award to recommended low bidder, Asphalt Paving Materials, Inc. , at $146,0 14.03. Tabulation showed Asphalt - Ayes : Bredesen, Richards, Turner, Courtney Nays: None Mot ion carried. TELECOMMXNICATION SYSTEM AWARD OF BID CONTINUED TO' MAY 18, 1981. As recommended by Mr. Rosland, Member Bredesen's motion was seconded by Member Turner, continu- ing award of bid for the telecommunication system to Nay 18, 1981. Ayes : Bredesen, Richards, Turner, Courtney Nays: None . Motion carried. HYDRAULIC POST PULLER BID AWhRDED. a hydraulic post puller showing Zeco Company low bidder at $1,875 .OO and Bemis. & Sons.lInc., at $1,995.00 (both bids being plus freight not to exceed $100.00). Motion of Xember Bredesen was seconded by Member Turner for award to recommended low bidder, Zeco Company. Mr. Rosland presented tabulation of bids for . I Ayes : Bredesen, Turner, Courtney Nays: Motion carried. Richards, who said that he did not believe this equipment is necessary. 4TH OF JULY FIRETJORKS BiD AI?ARDED. for the 4th of July and Pool Show,..showing both Northern Lighter Pyrotechnics and Arrowhead Fireworks Co., Inc., bidding at $2,500.00. He recommended award of bid to Northern Pyrotechnics which included 220 shells, while Arrowhead Fire- works Co. included only 166 shells and also includes a charge for labor while Northern charges no labor. Motion of Member Bredesen was seconded by Member Richards €or award to recommended low bidder, Northern Lighter Pyrotechnics. Mr. Rosland presented two bids for fireworks Ayes : Bredesen, Richards, Turner, Courtney Nays: None Motion carried. 250 KW USED GENERATOR BID WITHDRAWN FROM AGENDA. award of bid for. the 250 KTJ used generator should not be considered at this time. No formal action was taken. Mr. Rosland advised that the 15 PAGERS FOR VOLUNTEER FIRE DEPARTMENT BID AWARDED. lation of bids for fifteen pagers for the Volunteer Fire Department showing Mot- orola the sole supplisr of compatible pagers with a bid of $4,370.00.- Member Richards asked that some time be spent, either at a special meeting or a regular meeting, to bring Council up to date on the status of the Volunteer Fire Depart- ment. Hotorola as recommended by the City Manager. Mr. Rosland presented tabu- I Notion of tiember Turner was seconded by Member Bredesen awarding bid to Ayes : Bredes en , Turner, Courtney Nays : Richards ; >lotion carried.. FIRE DEPARTMENT RELIEF ASSOCIATION DISCUSSION CONTINUED TO MAY 28, 1981. As rec- ommended by Mr. Rosland, $!ember Richards' motion was seconded by Ilember Turner, continuin2 discussion on the Fire Department Relief Association to May 18, 1981. Ayes : Bredesen, Richards, Turner, Courtney * Nays: None &tion carried. 5/4/81 EDINA/BLOOMINGTON LAND TRADE CONTINUED TO MAY 18, 1981. As recommended by Mr. Rosland, Member Richards' motion was seconded by Member Turner, continuing dis- cussio'n of the Edina/Eloomlngton Land Trade to May 18, 1981. Ayes : Bredesen, Richards, Turner, Courtney Nays: None Motion carried. INFILTRATION INFLOW STUDY APPROVED. Nr. Hoffman reviewed with Council the regulations established by the Metropolitan Waste Control Commission whereby all municipalities are requested to enter into agreement with the Waste Control to conduct an infil..tration inflow study in the City. Council was advised that the cost to the City under this program would be no .more than 10% of the total cost' of the survey at this time, but that, at some future time, forced to conduct such a study without any financial assistance. raised as to the City's responsibility to proceed with corrective measures should the infiltration study indicate an excess amount of infiltration. lowing lengthy discussion, Member Bredesen offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Mayor and City Manager be hereby authorized to enter into agreement with the Metropolitan Waste Control Commission to conduct an infiltration inflow study in the City of Edina, provided 90% funding of the project is available. Motion for adoption of the resolution was seconded by Member Turner. the City could be Questions were Fol- I . a -0 m Rollcall : -3 Ayes : Bredesen, Richards, Turner, Courtney a Resolution adopted. Nays: None ST. LOUIS PARK LEAF BURNING PROPOSAL ENDORSED. Mr. bsland called Council's attention to a letter from the City Manager of St. Louis Park requesting Edina's support in requesting the Knnesota Pollution Control Agency to per@t the burning of leaves. Meinber Bredesen's motion supporting the City of St. Louis Park in their request was seconded by Member Turner. Ayes : Bredesen , Richards, Turner, Courtney Nays: None MD tion carried. RAINBOW BALLOON INVESTIGATION TO TAKE PLACE. been told that the Rainbow Balloon is selling pornographic items and r.ecom- mended .t€iat an ordinance banning pornography be adopted. As recommended by Chief Swanson, it was informally agreed that the shop should be investigated before any action is taken. Member Bredesen said that he has PROPOSED LEVY LIMIT EFFECT QUESTIONED. Member Turner questioned the effect on. the City of the proposed 8% levy limit and was told that Edina is not close to the present levy limits. No action was taken. RELIF3 ASSOCIATION BOARD MEETING on May 6, 1981, at 8:15 p.m. was announced by the Mayor. Council was invited to attend. MAYOR'S NOMINATION TO LEAGUE OF IINNESOTA CITIES BOARD DISCUSSED. MemSer Turner's question as to whether the Mayor should b& nominated for the Board .of the League of MLnnesota Cities, Mayor Courtney said that he would like to serve on the Board but that he would not want to influence the Council in its decision to retaining its membership in the League or in paying for the proposed building. Mee Ling. In response to It was informally agreed to discuss the matter at the next Council MIIWESOTA SAFETY CONFERENCE AWARD NOTED. Chief Swanson was congratulated on the City's receipt of the Meritorious Achievement Award in Traffic Safety which will be presented immediately preceding the Governor's Safety Awards Banquet of the 1981 Ninnesota Safety Conference. LEAGUE OF MINNESOTA CITIES CONFERENCE NOTED. Mr. Rosland reminded Council of the 1981 League of Minnesota Cities ConfersTce which will be held June 9 through June 12, 1981, and suggested that Council make any reservations for that meeting through the staff. No action was taken. YORK CONDO ASSOCIATION FAKKING AGIIEEXENT APPRCIVE3.. Mr. Ruslan'd advised that Hr. Erickson has reviewed an agreement relative to the York Condo Associ.atior, park- ing problem which calls for a temporary (one year) 26 stall'parking variance (subject to certain conditions) and recommended that the agreement be approved. Member Richards oEfered the following resolution and moved its adoption: 5/4/81 106 RES-OLUTION .I . BE IT RESOLVED by the Edina City Council that the Ekyor and Hanager are hereby authorized to enter into Parking Lot Agreement with York Condo Association. Biotion for adoption of the resolution was seconded by Member Bredesen.. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Nays: None Resolution adopted. EDINA/RImFIELD COUNCIL GOLF GAME DISCUSSED. that the Richfield'City Council want to plan a golf game for the Edina and Rich- fieldcCouncils and said that he would make arrangements for a game during June. NO action was taken. hr . .Rosland advised Councif ORIGINAL PANCAKE HOUSE ON-SALE BEER LICENSE APPROVED SUBJECT TO HEALTH DEPART- MENT APPROVAL. Member Bredesen's motion approving an On-sale Beer License for J the Original Pancake House, located at 3503 W. 70th St., subject to completion of remodeling to the satisfaction of the Health Department, was seconded by Mem- ber Turner. Ayes : Bredesen, Richards, Turner, Courtney Nays: None Motion carried. ORDINANCE NO. 1302-A1 ADOPTED ON SECOND READING. Member Bredesen offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 1302-A1 AN ORDINANCE &ENDING ORDINANCE NO. 1302 TO REQUIRE SCAVENGERS TO SUBHIT CERTAIN INFORMA- TION TO THE PUBLIC HEALTH SANITARIAN AND TO INCREASE THE AMOUNT OF THE FEE FOR A SCAVENGER PERMIT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 6 of Ordinance No. 1302 is amended to read as follows: "Sec 6. Permit Required. Before rendering services as a scavenger to any premises in the City, the scavenger shall make application for a permit to the City Clerk, accompanied by a permit fee of $20.00. Such application shall . state the name of the owner or occupant and the address of the premises. After rendering senices as a scavenger to any premises in the City, the scav- 'enger*shall notify the Public Health Sanitarian of the City in writing that services have been so rendered, including in such notice (a) the name of the ' owner or occupant and the address of the premises, (b) date of pumping, (c) capacity of the tank (d) percentages of scum and sludge, and (e) such other. information as may be required by the Public Health Sanitarian. In case of an emergency, the scavenger may render services at any premises without a permit, provided verbal notification is given in advance to the City Clerk or Public Health Sanitarian, if the emergency occurs within regular business hours, and provided a permit is obtained on the next business day." its passage and publication. Motion for adoption of the resolution was seconded by Member Turner. I Sec. 2. This ordinance shall be in full force and effect immediately upon Rollcall : Ayes : Bredesen, Richards, Turner, Courtney Nays: None Ordinance adopted. ATTEST : La. UQ City Clerk I 0RDINANCE.NO. 9Ol-A9 ADOPTED ON SECOND READING. lowing resolution and moved its adoption: Member Bredesen offered the fol- ORDINANCE NO. 901-Ag AhT ORDINANCE AMENDING ORDINANCE NO. 901 TO AUTHORIZE ISSUANCE OF A TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE IN CONNECTION WITH THE EDINA FOUNDATION BALL Section 1. Part B of Ordinance No. 901 is hereby amended by inserting I'Sec. 8A. Temporary On-sale Intoxicating LiquGr Licensc. A temporary license for the onysale of intosicating liquor nay be issued-on the foliow- ing terms and conditions : . (a)-. Such a license shall be issued only to a tnen current On-sale License THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: between Section 8 and Section 9 a new Section 8A, as follows: . -, holder: L (b) No more than (1) such license shall be issued during each calendar year; (c) Such license shall permit the licensee to sell intoxicating liquor only in connection with the Edina Foundation Ball; (d) Such license shall allow the on-sale of intoxicating liquor only, and only on the premises described in the license; (e) Such license shall be issued for one period of time, the length of which does not exceed 24 consecutive hours; and (f) The terms and conditions described in such license shall prevail over the terms and conditions of Section 19 of this Ordinance No. 902." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Nays: None Ordinance adopted. ORDINANCE NO. 712-A1 ADOPTED ON SECOND READING. Member Bredesen offered the following ordinance for Second Reading and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 712 BY DELETING SECTIONS 4 AND 5 THEREFROM AND INSERTING IN LIEU ORDINANCE NO. 712-A1 THEREOF THE STANDARDS ISSUED BY THE MINNESOTA POLLUTION CONTROL AGENCY FOR INDIVIDUAL SEWAGE TREATHENT SYSTEm, WHICH STANDARDS ARE ADOPTED HEREIN BY REFERENCE AND AMENDING ORDINANCE NO. 712 TO REQUIRE THE BIENNIAL PUMPING AND INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEMS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: ing them in their entirety and inserting in lieu of Section 4 the Standards for Individual 'Sewage Treatment Systems issued by the Minnesota Pollution Control Agency and made effective on August 28, 1978, which Standards are hereby adopted and incorporated herein by reference as an ordinance of the City. new subparagraph (c) as follows: Section 1. Sections 4 and 5 of Ordinance No. 712 are hereby amended by delet- Sec. 2. Section 6 of Ordinance No. 712 is hereby amended by adding thereto a "(c) shall at least biennially be pumped and inspected by a licensed scavenger and such pumping shall be'recorded on a form provided by the City and delivered to the City within ten (10) days after such pumping and inspection. The City Manager or his appointed representative may vary the above-described ' pumping and inspection requirement only after facts have been presented to the City Manager sufficient, in the determination of the City Manager, to conclude, in the City Manager's sole discretion, that a less frequent pump- ing schedule will not damage or adversely affect the absorbency of the drain field or otherwise adversely affect the public health, safety or welfare." Sec. 3. This ordinance shall be in full force and effect immediately upon Each private sewage disposal system remaining active on any property its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes : Bredesen, Richards, Turner, Courtney Nays: None Ordinance adopted. ORDINANCE NO. 431-A3 ADOPTED; SECOND READING WAIVED. Member Bredesen offered Ordinance No. 431-A3 for First Reading, with waiver of Second Reading, and moved its adoption as follows: ORDINANCE NO. 431-A3 AN ORDINANCE AMENDING ORDINANCE NO. 431 TO ELIMINATE IKCONSISTENCIES BETWEEN ORDINANCE NO. 431 AND STATE STATUTES IN CONNECTION WITH WATER CONDITIONING CONTRACTORS, TO REQUIRE DIRECT AND SEPAPATE SEWER AND WATER CONNECTION TO INDIVIDUAL TOWNHOUSES OR INDIVIDUAL LOTS CREATED BY PLATTING OR SUBDIVIDING AFTER THE DATE HEREOF, AND TO REQUIRE THE AND/OR WATER CONNECTIOES TO BE MADE AND THE COST THEREOF CITY TO GIVE CERTAIN NOTICE BEFORE DI~CTING SJZWER . TO BE ASSESSED AGAINST THE PROPERTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: read as follows : Section 1. Section 30 of Part 7 of Ordinance No. 431 is hereby amended to "Sec. 30. Bond; Exceptions. No permit shall be issued to.any applicant unless that applicant has proven to izhe satisfaction of the City Clerk that the sota Statutes g326.601, or has complied with Subdivision 1 of Minnesota Statutes 8326.601, or shall chen have on file with the City Clerk a bond that is valid and .in force -and effect by the penal sun1 of at least $2,000.00, w.Lth -applicant is either exempt from bond requirenents by Subdivision 3 of Mtnne- 5/4/81 .- 108 a corporate surety approved by the City Manager, which bond shall be condi- tioned that the applicant shall save the City harmless from all actions or . damages of any kind arising from work done pursuant to such permits issued to the applicant, and that applicant will pay all permit fees and penalties imposed upon applicant, and will reimburse the City for any expense that it may incur in completing, reconstructing or repairing any faulty or incomplete work done or to be done by applicant. Provided, however, that an applicant for a permit to do water conditioning work on the premises, or that part of premises, owned and actually occupied by such applicant as his residence need not have such bond on file with the City Clerk in order to obtain such permit." as Sec. 2. Section 31 of Part 7 of Ordinance No. 431 is hereby amended-to I read as follows : "Sec. 31. State License; Exceptions. No permit for the installation of appliances, appurtenances and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical or bacterial contact, which installa- to as tion is to be made in a water distribution system serving a single family residential unit which has been initially established by a licensed plumber, and which installation does not involve a direct connection without an air gap to a soil or waste pipe, or the servicing of such installation (includ- ing servicing prior to installation) shall be issued to any applicant unless that applicant shall then have on file with the City Clerk a certified copy of a Water Conditioning Contractor license or a Master PlumSer License issued to applicant by the State of Minnesota and which license shall then be in full force and effect. Provided, however, that an applicant not so licensed may do water conditioning work which complies with the provisions of the minimum standard prescribed by the State Commissioner of-%Health on premises, or that part of premises, owned and actually occupied by applicant as his residence. 'I Sec. 3. Subsection 9(a) (2) of Ordinance No. 431 is hereby amended to read follows : "(2) In addition to the requirements of Subparagraph (1) above, every resi- dence in any R-2 District, as determined by Ordinance No. 811, that is (i) hereafter constructed, reconstructed, ox placed on a lot-in such district, or (ii) now existing but is on a lot hereafter subdivided pursuant to subpara- .graph. (c) of Section 3 of Ordinance No. 801 and subparagraph 8-0f Section 4 of Ordinance No. 811 or hereafter submitted to Minnesota Statutes, Chapter 515A (the Minnesota Uiliform Condominium Act), or (iii) now existing and nonconforzn- ing but.is hereafter destroyed or damaged to such. an extent that it is re- quired to conform to all restrictions of the R-2 District pursuant to para- . graph 2 of Section 13 of Ordinance No. 811 (relating to nonconforming build- ings and uses), or (iv) now existing and conforming but is hereafter destroyed or damaged to such an extent that, if it were a nonconforming building as defined in Ordinance No. 811, it would have to conform to all restrictions of the R-2 District, pursuant to said paragraph 2 of Section 13 of Ordinance No. 811, and that is on property that abuts upon any public street or alley in which sanitary sewer mains have been constructed, shall have the sewage dis- posal lines in each dwelling unity as defined in Ordinance No. 811, within . . such residence connected with the sanitary sewer mains in such street or alley so that there shall be one separate and independent connection for each such dwelling unit. 'I Sec. 4. Subsection 9 (a) (3) of Part 3 of Ordinance No. 431 is hereby amended read as follows: "(3) constructed, reconstructed or placed upon property within the City, or presently or hereafter existing on property that is hereafter platted or subdivided or submitted to the Minnesota Uniform Condominium Act, to permit the sale of individual townhouses or individual lots or individual dwelling units, and as a part of such construction, reconstruction or placing, or as a part of such platting, subdivision or submittal, as the case may be, shall have the sewage disposal lines within that townhouse connected directly, and separately from any other townhouse, to the sanitary sewer mains s'erving such townhouse. '' Sec. 5. Section 10 of Part 3 of Ordinance No. 431 is hereby amended to read follows : "Sec. 10. Failure to Comply; Notice; Withholding of Approval of Plat or Sub- division; Waiver oE Connection Requirement. The City Manager may cause writ- ten notice of sewer and/or water connection requirements to be given to any person required by Section 9 hereof to make such connections. shall be mailed by certified mail or delivered by the City Public Health Saritarian, Building 'Official or City Pianner OLZ order oY the 'City Nanager. In the event that (i) any person required by Section 9 hereof to connect an existing building to sanitary sewer mains where there has been no Qverflow, backup or other failure of such building's private sewage disposal system fails to complete the making of such connection(s) within six (6) months after . ' Each townhouse (as that term. is defined in Ordinance No. 811) hereafter I Such notice 5/4/81 such written notice is given; or (ii) any person required by Section 9 hereof to-connect an existing building to sanitary sewer mains where there has been an overflow, backup or other failure o'f such building's private sewage disposal system fails to complete the maMng.of such connection within fifteen (15) days after such written notice is given, the City shall have the right to make such connection or connections as hereinafter set forth in Section 11. If con- nections are required because of the subdivision or submittal to the Minne- sota Uniform Condominium Act of a lot in the R-2 District, or because of plat- ting or subdivision or submittal to the Minnesota Uniform Condominium Act of property to permit sale of individual townhouses or individual lots or individual dwelling units , such connections shall be made in connection with such platting or subdivision or submittal, and approval of such platting or subdivision or submittal by the City Council may be conditioned upon and with- held until completion of the required connections. Notwithstanding anything * herein to the contrary, any connection requirement may be waived by the Board of Appeals upon request of the owner of the property for which the waiver is requested and upon a finding being made by the Board that a hardship exists that is not a mere inconvenience and that is caused by the physical character of, and cost of compliance with, the connection requirement and not by the owner or any person having an interest in the property, and that the waiver will not be substantially detrimental to the public welfare or to other lands or improvements in the neighborhood of the property. granted upon the condition that the owner of such property or properties shall comply with Ordinance No. 712 of the City. the further condition that the owner or owners of the property or properties shall execute and deliver to the City a recordable agreement, in form and substance acceptable to the City Manager, providing (i) that the City shall not be liable to any owners or occupiers of the property or properties for any . damage or injury to persons or property resulting from a lack of the required separate and independent connections; (ii) that all owners of the property or properties served by less than the required separate and independent connec- tions shall share equally in any costs incurred as a result of not having the required separate and independent connections and shall pay equally all sewer and water charges made for services to such property or properties; (iii) that the City may determine the charges for water and sewer, usage by allocating consumption equally among all properties using the common connection and ' totaling the separate charges based upon such allocation; (iv) that the City . . may discontinue water and sewer services to such property or properties pursuant to Ordinance No. 1111 even though such discontirLuance will affect . property in addition to that of the persons causing the delinquency; and (v) that, if the property or properties are.thereafter platted or subdivided or submitted to the Yfnnesota Uniform Condominium Act, to permit the sale of individual tomhouses (as the term is defined in Ordinance No. 811) or indivi- dual lots or individual dwelling units, the City may require that, in connection with such platting or subdivision or submittal , each such individual townhouse, iot or dwelling unit shaii have sewage disposai lines and water lines connected directly and separately from any other townhouse or lot to the sanitary sewer mains and water mains serving such townhouse, lot or dwelling unit." Sec. 6. Section 11 of Part 3 of Ordinance go. 431 is hereby amended to read as follows : "Whenever any owner or occupant shall within the time period described in Sec- tion 10 hereof, fail to comply with a written notice given pursuant to Section 10 hereof, the Council may, by resolution, direct that a required Connection . or connections be made and that the cost of said connection or connections be paid in the first instance out of the general revenue fund and then assessed against the property benefitted." Sec. 7. This ordinance shall be in full force md effect immediately upon its Such waiver shall be Such waiver shall be granted upon passage and publication. . Motion for adoption of the ordinance was seconded by Member Turner. Rollcall: - Ayes : Bredesen, Richards , Turner, Courtney Nays: None Ordinance adopted. ATTEST : 2?> 3L lek&; City Clerk STREET INPROVEMENT NO. BA-247 (Phase IT) BIDS TO BE TAKE%. recanmended by Mr. Hoffman, Member Richards offered the fo1l.owing reso1uti.on and moved its adoption : "Y 5/4/81 -. - RESOLUTION APPROVING PLANS AND SPECIFICATIONS DIRECTING ADVERTISEMENT FOR BIDS FOR PROPOSED IIPROVEMENTS AND FOR GRADING AND PRESTRESSED CONCRETE SOIL STRUCTURE INTERACTION ARCH IMPROVEMENT NO. BA-247 (Phase 11) BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvement set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall. cause to be published in the Edina Sun and Construction ,Bulletin the following notice of bids for improvements: (Official Publication) CITY OF EDINA 4801 I?. 50TH STREET EDINA, MINNESOTA 55424 ADVERT1 SEMENT FOR BIDS CONTRACT NO. 81-7 @NG) GRADING AND PRESTRESSED CONCRETE SOIL STRUCTURE INTERACTION ARCH IMPROVEMENT NO. BA-247 (Phase 11) BIDS CLOSE JUNE 11, 1981 SEALED BIDS will be received and opened in the City Council Chambers in the Edina City Hall, 4801 I?. 50th Street, at 11:OO a.m., Thursday, June 11, 1981. The Edina City Council will meet at 7:OO p.m., Monday, June 15, 1981, to con- sider said bids for Grading and a Prestressed Concrete Soil Structure Interac: tfon Arch. - The following are approximate quantities of major items: . 11,250 C/Y, Excavation 2,050 C/Y, Excavation Channel Change 14,900 C/Y, Granular Fill 1 F & I Prestressed Concrete Soil Structure Interaction Arch with Footings L/F- 12-48" Storm Sever Pipe 8 Each, Catch Basins and Manholes Bids shall be in a sealed envelope with a statement thereon showing the work . covered by the bid. Bids should be addressed to the City Engineer, City of - Edina, 4801 R. 50th Street, Edina, IEnnesota 55424 and mailed or submitted per- sonally to the City Engineer. through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. $25.00 (by check). specifications with a bona fide bid. and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of the amount of base bid. reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. 698 Bids received by the City Engineer, either Plans and specifications are available for a deposit of Said deposit to be returned upon return of the plans and No bids will be considered unless sealed The City Council Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Member Turner. . Rollcall : Ayes : Bredesen, Richards, Turner, Courtney Nays: None Resolution adopted. DZWEY HILL ROAD PARKING RESTRICTIONS ADOPTED. Member Turner offered the following resolution and moved its adoption: As recommended by Mr. Hoffman, RESOLUTION RELATING TO PARKING RESTRICTIONS ON DEWEY HILL ROAD IqHEREAS, the City of Edina has planned the improvement of B1.S.A.S. 138 (Dewey Hill Road) froin Delaney Blvd. to Gleason Road; and WHEREAS, the City, will be expending Municipal State Funds on the improvement of this StTeet; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restric- tions; and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the .City has been determined; .. 5/ 4/81 NOW, THEREFORE, BE IT RESOLVED that the City of Edina shall restrict the parking . to motor vehicles on the South side of M.S.A.S. 138 (Dewey Hill Road). Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes : Bredesen, Richards, Turner, Courtney Nays: None Resolution adopted. ONE CORPORATE CENTER PHASES 4 AND 5 EASEMENT VACATION HEARING DATE SET. AS recbm- mended by Mr. Hoffman, Member Turner offered the following resolution and moved its adoption : . RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENT FOR SANITARY SEWER PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- I sota, as follows: 1. sanitary sewer purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes , Sections 4 12.851 and 160.29 : It is hereby found and determined that the following described easements for The West ten feet (10') of that part of the East twenty-three and thirty- six hundredths (23.36) acres of Government Lot 2, Section 9, Township 116, Range 21, except road, lying South of the North nine hundred fifty-five and five tenths feet (955.5') thereof; and A strip of land ten feet (10') in width, the center line of which is des- cribed as follows: Commencing at a point one hundred feet (100') West of the East line of Government Lot 2, Section 9, Township 116, Range 21; which point is six feet (6') South of the center line of Hibiscus Avenue extended Westerly; thence Westerly to a point which is one hundred seventy-six feet (176') West of the East line of said Government Lot 2 and sixteen feet (16') South of the center line of Hibiscus Avenue extended; thcnce Westerly to a point which is five feet (5') East of the West line of the East twenty- three and thirty-six hundredths (23.36) acres of said Government Lot 2, . except road and sixteen feet (16') South of the center line of Hibiscus Avenue extended; thence Southerly five feet (5') East of and parallel to the West line of the East twenty-three and thirty-six hundredths (23.36) acres of said Government Lot 2 to the South line of the North nine hundred fifty-five and five tenths feet (955.5') of the East twenty-three and thirty-six hundredths (23.36) acres of said Governmsnt Lot 2, except road, ("A") ; and Also a triangle of land described as follows: Commencing at a point which is twenty-one feet (21') South of the center line of Hibiscus Avenue extended Westerly and ten feet (10') East of the West line of the East twenty-three and thirty-six hundredths (23.36) acres of said Lot 2, except road; thence Easterly parallel to the center line of Hibiscus Avenue extended a distance of twenty feet (20'); thence South- westerly to a point which is forty-one feet (41') South of the center line of Hibiscus Avenue extended and ten feet (10') East of the West line of the East twenty-three and thirty-six hundredths (23.36) acres of said Lot 2, except road; thence Northerly to point of beginning ("B"). 2. .included in paragraph 3 hereof fcr the purpose of holding whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to.cause notice of the time, place and purpose of said hearing to be publcshed once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and con- spicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDIhTA, MINNESOTA 55424 This Council shall meet at the time and place specified in the form of notice a public hearing on NOTICE OF PUBLIC HEARING ON VACATIOK OF EASEMENTS FOR SANITARY SEWER PUItpOSES IN THE CITY OF EDINA, COUNTY OF HENNEE'IN, MINNESOTA NOTICE IS HEREBY GIVEN that the City.Counci1 of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street, on Monday, June 1, 1981, at 7:OO o'clock p.m. for the purpose of holding a Public Hearing on the proposed vacation of the f ollow5ng easements for saiiitary sew& purposes; The West ten feet (10') of that part of the East twenty-three and thirty-six hundredths (23.36) acres of Government Lot 2, Section 9, Township 116, Range 21, except road, lying South of the North nhe hundred fifty-five and five tenths feet (955.5') thereof; and * 5/4/81 . A strip of land ten feet (10') in width, the center line of which is des- -, cribed as follows : Commencing at a point one hundred feet (100') West of the East line of Government Lot 2, Section 9, Township 116, Range 21; which point is six feet (6') South of the center line of Hibiscus Avenue extended Westerly; thence Westerly to a point which is one hundred seventy-six feet (176') West of the East line of said Government Lot 2 and sixteen feet (16') South of the center line of Hibiscus Avenue extended; thence Westerly to a point which is five feet (5') East of the West line of the East twenty- three and thirty-six hundredths (23.36) acres. of said Government Lot 2, except road and sixteen feet (16') South of the center line of Hibiscus Avenue extended; thence Southerly five feet (5') East of and parallel to the West line of the East twenty-three and thirty-six hundredths (23.36) acres of said Government Lot 2 to the South line of the North nine hundred fifty-five and five tenths feet (955.5') of the East twenty-three and I thirty-six hundredths (23.36) acres of said Government Lot 2, except road, - ("A") ; and Also a triangle of land described as follows: . Commencing at a point which is twenty-one feet (21') South of the center . line of Hibiscus Avenue extended Westerly and ten feet (10') East of the West line of the East twenty-three and thirty-six hundredths (23.36) acres of said Lot 2, except road; thence Easterly parallel to the center line of Hibiscus Avenue extended a distance of twenty feet (20 ') ; thence South- westerly to a point which is forty-one feet (41') South of the center . line of Hibiscus Avenue extended and ten feet (10') East of the West line of the East twenty-three and thirty-six hundredths (23.36) acres of said - Lot 2, except road; thence Northerly to point of beginning ("B"). All persons who desire to be heard with respect to the questLon of whether tke above proposed easement vacations are in the public interest and should be made shall be heard at said time and place. tent to which such proposed easement vacations affect existing easements'within the area of the proposed vacations and the extent to which the vacations affect 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 maintain- ing the same or to znter upon such easement areas or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk . The Council shall consider the ex- . Motion €or adoption of the resolution was seconded by Member =chards. Rollcall : Ayes : Bredesen, Richards, Turner, Courtney Nays: None Resolution adopted. HEARING DATE SET FOR DRAINAGE EASmENT IN BLOCKS 1 AND 2, BROOKLINE ADDITIOX. As recommended by Mr. Hoffman, Member Turner offered the following resolution and moved its adoption: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEBENT FOR DRAINAGE PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: 1. drainage purpose should be considered for vacation, in accordance with the provisions of lfinnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined that the following described easement for I . The Southerly ten (10) feet of Lot 2, Block 1, and adjacent 1/2 of vacated street; and the Northerly ten (10) feet or' Lot 1, Block 2, and adjacent 1/2 of vacated street, all in Brookline Addition. 2. This Council shall meet at the time and place specified in the form of not- ice included in paragraph 3 hereof for the purpose of holding a public hearing on whether or not such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, plece and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the offici21 newspaper of the City, the first publication at least 14 days prior to the date of such hearing, in at least three (3) public and con- spicuorrs places within the City, as provided in lEnncsota Statutes, Section 412.851. Such notice shall be in substaitiaily the following form: 5/4/81 (Official Publiation) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR STOTDf DRAINAGE PURPOSE IN THE CITY OF EDINA, COUNTY OF HENNEPIN, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 14. 50th Street on Mon- day, June 1, 1981, at 7:OO o'clock p.m. for the purpose of holding a Public Hear- ing on the proposed vacation of the following easement for drainage purposes: The Southerly ten (10) feet of Lot 2, Block 1, and adjacent 1/2 of vacated street; and the Northerly ten (10) feet of Lot 1, Block 2 and adjacent l/2 of vacated street, all in Brookline Addition. All persons who desire to be heard with respect to the question of whether or not the above! proposed easement vacation is in the public interest and should be made shall be heard' at said time and place. extent to which such proposed easement vacation affects existing easements within the area of the proposed 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 easement areas or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation shall continue. The Council shall consider the BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Member Richards. Rollcall: Ayes : Bredesen , Richards , Turner, Courtney Nays: None Resolution adopted . LIQUOR FUND REPORTS as of February 28 and March 31, 1981, were presented by Mr. Dalen, reviewed and ordered placed on file by motion of Member Bredesen, seconded by Member Turner. Ayes : Bredesen , Richards , Turner, Courtney Nays: None Mb tion carried. CLAIMS PAID. of the following claims as per Pre-List: $49,453.66; Art Center, $1,082.03; Park. Construcrion, $459.94; Swimming POOX, $53.03; Golf Course, $10,979.21; Recreation Center, $7,593.35; Gun Range, $356.71; Water Fund, $11,693.82; Sever Fund, $2,448.97; Liquor Fmd, $4,930.13; Construction Fund, $324.14; Total, $209,136.86. Motion of Member Bredesen was seconded by Member Turner for payment General Fund, $119,761.87; Park Fund,. . Ayes : Bredesen, Richards , Turner, Courtney Mays: None Motion carried. Council's agenda having been covered, Member Bredesen's motim - for adjournment was seconded by Member Richards. Adjournment at 10:28 p.m.