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Home My WebLink About19811116_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 16, 1981 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor.: Courtney. MINUTES of October 5 and November 2, 1981, were approved as submitted by motion of Member Schmidt, seconded by Member Turner. Bredesen, Richards, Schmidt, Turner, Courthey Ayes: Nays: None Hotion carried. EDINA MASONIC LODGE $1,000 CHECJ.~ RECEIVED FOR FIRE DEPARTNENT RESCUE EQUIPMENT. Council was presented with a $1,000 check by Mr. Everett “Bud” Erickson repres- enting the Edina Masonic Lodge, which money had been raised by their annual Flap- jack Festival. Edina Masonic Lodge has made a contribution to the Fire Department and expressed the desire that the money be earmarked for Eire Department rescue equipment. Member Richards thereupon offered the following resolution and moved its adoption: WHEREAS,-for the past four years, the Edina Masonic Lodge has donated money to Mr. Erickson pointed out that this is the fourth year that the RESOLUTION OF APPRECIATION the Edina Fire Department for its rescue equipment; and WHEREAS, this money has been earned by members of the Lodge from their efforts in putting on an annual Edina Flapjack Festival; and T?iiEREAS, a check in the amount of $1,000 has been generously given to the Edina Fire Department for purchase of rescue equipment; NOW, THEXBFORE, BE IT RESOLVED by the Edina City Council.that sincere appreciation be expressed to all members of the Edina Masonic Lodge for its interest in the well-being of all Edina residents and for the generous contribution of $1,000; and BE IT FURT3ER RESOLVED that this resolution be spread upon the pages of the Min- utes Book of the City Council and that an appropriate copy be presented to the as a token of the gratitude of the Edina City Council. Kotion for adoption of the resolution was seconded by Member Schmidt and unani- -mously carried. EDINA MASONIC LODGE I HARRY LINDBERY ZONING REQUEST FOR PART OF TRACTS A AND B, R.L.S. 356 REFERRED BACK TO PLANNING COXMISSION. approved as to $om and ordered placed on file. tion for preliminary plat approval and a request for rezoning part of Tracts A and B, R.L.S. 356, generally located inIthe Northeast quadrant of County r Xoad 18 and West 7th Street, from R-1 Residential District to 0-1 Office Build- ing District. amity Development and Planning Commission, Darrel A. Farr Development Corpora- tion had ictended to purchase the property and had submitted plans for their proposed office building. Since that time, Mr. Hughes explained, that offer has beeri vithdrzwn and the owner of the property, Nr. Harry Lindbery, is now the proponznt. Mr. Hughes advised that the 4.8 acre site which lies West of Van Valkenburg Park is surrounded by a variety of land uses and that Mr. Lindbery proposes to sell the property for the purpose of constructing a four story office building and has agreed to the condition set forth by the Community Dev- elopment and Planning Cornmission that an easement be granted to provide access to the park. Mr. Larry Berg, representing Mr. Lindbery, advised that the pro- ponent is actively pursuing sale of the land and that, while he now has no def- hite building plans, he is trying to memoralize the Comunity Development add-: Plaiixiing Commission findings that office building zoning would be most appropri- ate r’or zhe Gte. Member Turner expressed concern that the Comprehbnsive Pian had indicated mixed use for the site and that a. significant traffic problem could develop, with the park across the street. Mr. Hughes replied that the prLi.& use of =lie park would be at off-peak traffic hours. ~nae 222 Council does not grant rezoning without knowing what will actually be hilt and said that the request is premature at this time. €le suggested thet., be necessary. ~2msiC ‘?zG thxt the City’s interests wauld be protected by the various resixk-- ader MinnEsota Law for Council to deny any -+xlivision exaction iu the case bE a rezc;l.i?- ‘5 and :he GTity could not condition a zoning on‘khe granting of an case- .3asnZ, :lie prc3onez.t is willing to grant the requested easement. Affidavits of Notice were presented by Clerk, Mr. Hughes presented the peti- He aclvised that at the time the matter was considered by the Cola- I Member Richards pointeC .otC i- * *;,c-, ALCL zhc density is increased, an increase in the subdivision dedicacioii might Zis-?;3 covered 55 the Zoning Ordinance. He said that while there $s no-aat%r!ry ?€r, Berg said .that this proposal is.not for a planned unit deve:L- I He qued;&x<ied a 0 Q) 4 5 ' whether the City's ordinance could be supported if it should be challenged. >Sn response to a question of the Mayor, Mr. Berg said that the property is dif- ficult to sell without rezoning. Mr. Erickson advised Mr. Berg that, if this request is denied, the proponent would have to wait a year before bringing the matter back to the Council. ning Commission is based on facts that no longer exist, the matter should be referred back to the Community Development and Planning Commission. Richards then moved that the zoning request and preliminary plat be referred back to the Community Development and Planning Commission, and that the Commis- sion be requested to constder the possibility of adding i: Planned Office Dis- trict He recommended that, since the report of the Plan- Member to the Zoning Ordinance. Motion was seconded by Member Bredesen. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. HALECR 2ND ADDITION GRANTED PRELIMINARY PLAT APPROVAL; ORDINANCE NO. 811-A156 GRANTED FIRST READING. as to form and ordered placed on file. for preliminary plat approval and for zoning change from R-1 Residential Dis- trict to R-2 Multiple Residential District for property generally located at the Northwest quadrant of Gleason Road and the Crosstown Highway. that this property is extremely long and narrow and has areas of steep topo- graphy and recalled that an 84 unit apartment building was approved for the site in the early 1970's and that there have been recent proposals for the site for 44 and 39 townhouse units. Mr. Hughes recalled further that the'comprehensive Plan indicates the site as suitable for the development of medium density multi-family housing of 6 to 12 units per acre and said that the proposal for a total of 30 units is significantly less than the Comprehensive Plan would allow. had been expressed that the intersection of the new street with Gleason Road must remain as shown on the plat and that Lot 15 should be eliminated to pro- vide additfonal depth for the Northerly lots. He added also that the proponent should be aware that landscaping should be considered, both as a buffer for the single family homes to the North and for noise attenuation to the South and that tbe Community Development and Planning Commission has recommended approval of the rezoning and subdivision, subject to. the following conditions: 1) That final rezoning be conditioned on final plat approval; approvzl is conditioned on an executed Developer's Agreement; and 3) that a subdivision dedication be made. Affidavits of Notice were presented by Clerk, approved Mr. Hughes presented Haleck 2nd Addition He' explained Mr. Hughes advised that approval-had been recommended but that concern . 2) That final plat Mr. David Kirscht,representing the developer, showed drawings of the proposed plat and advised Mr. Thomas Bohonnon, President of the Viking Hills Homeowners Association, and Mr. George Jenos, 6143 Arctic Way, that he had met with neighbors and that they felt that this was an improve- ment over the original plan. ponents are not committed to a definite building plan, they are limited to a audience that he did not know if the berm would be continued. Requesting that the developer meet with the homeowners association to give them an opportunity to review building and landscaping plans, Member Bredesen offered the follow- ing resolution and noved its adoption: RESOLUTION BE IT P3SOLVE3 by the Edina City Council that that certain plat, known as Haleck 2nd Addition, presented for preliminary approval at the Edina City Council Meeting of November 16, 1981, and developed by James Haleck, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Richards. Mr. Hughes pointed out that, while the pro- -? height of 30 feet. ME. Kirsch advised an unidentified gentleman in the -- liollcall : Ayes: Eredesen, Richards, Schmidt, Turner, Courtney Nays: None * Resolution adopted. T EIsniber 3redesen thereupon offered Ordinance No. 81 LA156 for First Reading as . ;527.:1:.yq. - ORDINANCE NO. 8 11-A15 6 '*. AX O3DINMCE AMENDING THE Z@NING ORDIBJANCE (NO. 811) BY XEZ0NI::G PROPERTY FROM P,-1 FZSIDENTIAL DIST-PJCT _. I_.- TO R-% MULTIPLE FlISSIDENTIAL DISTRICT + -TEE ZTV COW-KXL OF EDINA, PIINNESOTA, ORDAINS : Pa '*:: ' - . .~ec.?ion I, Paragraph I of Secrion 4 of Ordinance No. 811 of the City Is -,lr.c-~~-by amnded. try adding the fpllowing thereto : 9b-l LIS, .e exteiit of the R--2 Nultip1.e Residentfa1 District is enlarged by the VIIT A:~2=L .-. c ?:.art gr' the MortIzeast Quzrter. of the Northwest Quarter' (NE 1/A of E77 2!1<> ~zdf-iLt?.Cx of the followilig property : 11/ 16/ 81 and the Nortbest Quarter of the Northeast Quarter (MJ. 1/4 of NE 1/4) of Section Six (6), Township 116, Range 21, described as follows: on a point in the West line of said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) distant 814.5 feet North of the Southwest corner of 1/4); thencs running East and a deflection angle to the right of 92O 20' a distance of 676.3 feet; thence North parallel with the West line of said Northeast Quarter of the Northwest Quarter (NE l/4 of NW 1/4) a distance of 366 feet to a point which is 283.9 feet South of the North line of said Section Six (6); the actual point of beginning of the tract to be described; thence running East on a deflection angle to the right . of 92O 20' a distance of 1317.5 feet more or less to the center line of the Town Road, also known as Gleason Road as now laid out and travelled; thence Northeasterly-along said center line a distance of 384.7 feet more or less to its intersection with the North line of said Section Six (6); thence West along said North line a distance of 1426.3 feet more or less to a point which is distant 678.6 feet East of the Northwest corner of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NJ 1/4); thence South parallel with the West line of said Northeast Quarter of the North- west Quarter (NE 1/4 of NW 1/4) 283.9 feet to the point of beginning. Which lies Northerly of the following described line: Beginning at the East Quarter corner of Section Six (6), Township 116, Range 21, thence North 00 degrees 09 minutes 27 seconds.Eas2 along the East line of said Section Six (6) a distance of 1807.59 feet; thence North 0 degrees 48 minutes 33 seconds West a distance of 1070.37 feet;.thence North 81 degrees 13 minutes 33 seconds West a distance of 1031.19 feet; thence North 12 degrees 36 minutes 50 seconds East a distance of 490.0 feet; thence South 77 degrees 23 minutes 10 seconds East a distance of 100.0 - feet to the actual point of beginning of the line to be described; thence North 77 degrees 23 minutes 10 seconds West a distance of 180.30 feet; thence along a tangential curve to the left with a.radius of 687.96 feet (delta angle 30 degrees 18 minutes 23 seconds, tangent distance 186.31 feet) a distance of 363.89 feet; thence South 72 degrees 18 minutes 27 seconds West along tangent to last described curve a distance of 145.43 feet; thence along a tangential curve to the right with a radius of 893.93 feet (delta angle 22 degrees 43 minutes, tangent distance 168.72 feet) a distance of 333.02 feet; thence North 84 degrees 10 minutes 27 seconds West a distance of 600.0 feet and there terminating. course is not tangent to last described curve. Excepting therefrom the Westerly 150 feet thereof, as measured at right angles to the West line thereof, which is in Sub-District R-2". Sec. 2. Beginning said Northeast Quarter of the Northwest Quarter (NE 1/4 of NF? Said last described4 . This ordinance shall be in full force and effect upon its passage and publication. * PORTION OF GARDEN A-VENUE VACATION APPROVED. by Clerk, approved as to form and ordered placed on file. the petition for vacation of that part of Garden Avenue lying 264 feet Eorth oE the North line of Grove Street right-of-way. No objections being heard, Member Bredesen or'f ered the following resolution and moved its adoption: Affidavits of Notice were presented Mr. Hoffman presented RESOLUTIOX VACATING A PORTION OF --.-' - GARDEN AVE. WdEREAS, a resolution of the City Council, adopted the 19th day of October, 1981, fixed .a date.:for a public hearing on a proposed street vacation; and the hearing was held on the 16th day of November, 1981, at which time all persons desirhg to be heard were given an opportunity to be heard thereon; and IJBEREAS, the Council deems it to be in the best bterest of the City and of the public that said street vacation be made; and hKEREkS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affekts the authority of any person, corporation, or municipality own- ing or controlling electric or telephone poles and lines, gas and sewer lines;,' @r water pipes, malns, and hydrants on or under the area of the proposed vaea- ti~n to continue maintainfng the sane, or to enter upon such stzeet or portion". thereof vzcated to maintain, repair, repiace, rexcove, or otherwise attend thereto; NOW, TREREFORE, ZE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of Garden Avenue be and is hereby vacated effective as of Nsvember i7, 19131: 1. 4 WHEREAS,- two weeks' published and posted notice of said hearing was given and That part of Garden Avenue lying 264 f2et Xmth of the North l-he of Grove Street right-of -wzy and that the-Clerk is authorized arrd dircctcd tu cmse a notice of completion of proceedings to be prepared, entereci in the tramfsr record Gf the County Audit'or, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption Of the resolution was seconded by Member Schmidt. 881 bllcnll : Ayes : Nays: None Resolution adopted. Bredesen , Richards , Schmidt , Turner, Courtney PORTION OF W. 62ND STREET VLICATION APPROVED. sented by clerk, approved as to form and ordered placed on file. Mfidavits of Notice were pre- Mr. Hoffman presented the request of Mr. Frank Cardarelle to vacate a portion of W. 62nd Street. Mr. Cardarelle urged council approval of the vacation, advising that this street was left over after T.R. 100 was constructed and that the proposed vacation will provide a buildable lot for future construction, and that he would work with neighbors on plans for a house on the site. He said also that he has no objection to Northwestern Bell Telephone Company's request to maintain existing facilities for 6100 and 6200 Wilryan Ave. (in Mikulay's Addition). No objections being heard, Member Bredesen offered the following reso- lution and moved its adoption: for access RESOLUTION VACATING A PORTION OF WEST 62ND STREET IJHEEEAS, a resolution of the City Counci1,adopted the fixed a date for a public hearing on a proposed street vacation; and WBEFXAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 16th day of November, 1981, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality own- ing 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 propos.ed vaca- tion to continue maintaining the same, or to enter upon such street or portion thereof vacated to maintain, repair , replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepiii County, fillnesota, that the following described portion of W. 62nd Street be and is hereby vacated effective Noveicber 17, 198.1: 19th day of October, 1981, ' Highway easement on Lots 5, 6 and 7, Block 1, tfikulay's Addition, and Lot 2, Block 1, Kessler Hilltop Addition, as located on the South 70 feet (as measured at right angles to the South line of Block 1, Efikulay's - Addition) and the South 70 feet (as measured at right angles to the South line of Lot 2, Block I, Kessler's Hilltop Addition) lying Westerly of a line described as running from a point on the North line of the said South 70 feet distant 50 feet East of the West line of said Lot 1 to a point on the South line of said Lot 1, distant 25 feet East of Southwest corner of Lot 1, Ressler's Hilltop Addition; and 62nd Street as platted in Itikulay's Addition and Terry Knolls Addition lying East of the West line of Lot 1 Block 2, Terry Knolls Addition, as extended North to the North right-of-way of 52nd Street and there terminating and North of the Nmth line of s2id Lot 1, Elock 2, Terry Knolls Addition and its extension East to the East line of Lot 1, Block 1, Terry Knolls Addition; :, provided, however, that after due consideration, the Coilncil has determined and hereby specifies that the foregoing vacation shall not affect, and there is hereby continued reserved, and retained the following existing easements and authority in, on and under the above vacated area: The acthority of the City of Edina to enter UPOR the above vacated area to mainl:a5.n, repair, replace, remove, or otherwise attend to, all of the pipes, mains, lines and hydrants for water, sanitary sewer, or storm and drainage water over that part of vacated 62nd Street as platlted in Miku- Pay's Addition arid Terry Knolls Addition, Hennepin County, Mizmesota; and that the City Clerk is authorized and directed to cause a notice of comple- tfon of proceedings to be prepared, entered in the transfer record of the Co~a17t7 ,?,uditor, aild filed with the Register of Deeds, in accordance with Minnesotr? Statutes, Section 412.851. Xotic~n for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ryes : Eredesen, Richards, Schmidt Turner, Courtney Nays: None Resolution adopted ' .-I_-.-. ROC'SHAR COURT NAMF, CHANGE - CONTINUED TO DECEMP,EJR 7, 1981. proponent, hsd requested that 'the public hearing OE changing th.e nnme rjf Roushar Being aG-vLsed thai E!iz 11/16/81 282 Court to "Habitat Circle" be postponed, Member Richards' motion was seconded by Member Schmidt, continuing the hearing to December 7, 1981. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF NOVEMBER 10. 1981, REVIEWED. sen's motion accepting the Traffic Safety Committee Minutes of November 10, 1981, was seconded by Member Schmidt. Member Brede-: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. NEW RGCREATIONAL PROGRAM WAIVER FORM APPROVED. Mr. Rosland presented a new waiver form drafted by the City Attorney because of .the objections of a resident to the use of the present.policy. Council was advised that insurance costs would be pro- hibitive without the waivers and that Plr. Erickson had opined that the City must choose between using the revised waiver form and testing it in Court if necessary and using no waiver and accepting the anticipated attendant rise in insurance rates. Member Richards' motion was seconded by Member Turner, for approval of the revised recreational program waiver form. r. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney t Nays: None Motion carried. 1. u 1982 REVENUE SHARING EDENDITURES APPROVED. were presented at the public hearing on proposed General Revenue sharing expendi- tures for 1982, Member Schmidt offere&.the following resolution aiid moved its adoption : RE SOLUTION BE IT RESOLVED that the Edina City Council does hereby approve the following Gen- eral Revenue Sharing expenditures for 1982: REVENUES Being, advised that no objections , Source Property Taxes Amount $4,855 ;433 Sales Taxes 1,015,608 1,099,645 221,500 Sewice Charges/Users Pees Licenses and Permits Fines and Penalties 220,000 Income from Other Governments 337,04i Federal General Revenue Sharing Activity Education Police Fire Roads /TransPo rt /Public Works Sewers/Saaitation Libraries * Parks/Recreation Iiealth/Hospitals Social Services/Wel' lare General Administration Financial Administration/Debt Iieserve for Contingencies 225,000 $7,974,227 EXPENDITURES GRS Funds .Other Funds $ J25,OOO $1,890,774 100 .ooo 1,141,812 2,256,793 119,485 1,001,425 194 , 851 .. 36 , 140 693,141 50,000 Service 364,806 : To tal -0- $2,015,774 , 1,241,812 2,256,793 119,485 -0.- 1,OO 1 , 425 194,551 36 , 140 693,141 364 , 806 50,000 To tal $225,000 $7., 749,227 $7,974,227 Notion for 'adoption of the resolution was seconded by Member Turner'. kllcall : Ayes:. Bredesen, Richards, Schmidt, Turner, Courtney P?cclnr5on adopted &ys: Noni? i .1 I !3?2< GLEiq 'STATUS QUESTIONED. 3nd sa::* that 'ne would check with Craig Larsen on the status of Oak Glen. acSm was talken. ' P?IO"rX?€AKZNG -- W!?CELLED FOR 1982. tfons Coiiiiaission, said that there is no apparent int-erest in PeoplemakLng.hs XWL. Fk actior gas taken. In response to a questiop of Member Tu~iee,'Kr. IbC- EO Mrs. Betty Carver, Chairman of the Humaa 2zl.2- 'C ann., e* ?2?PX:iZSSXVX PLAB DISCUSSED. In. response to a question of -Mmber. ,Tamer, Er. 3 .. 11/ 16/81 283 Rosland said that he hoped that the Comprehensive Plan would be presented to Council on December 21 and submitted again, along with plans for enEoreing the Plan, at the Meeting of January 4, 1982, at which time representatives of the Metropolitan Council will be present. No formal action was taken. OHMS LANE/NETRO BLVD. DEVELOPMENT PRAISED. on the development of Nine Mile Creek from Ohms Lane to Metro Blvd. (the Ryan Construction Company property). Mr. Rosland pointed out that Mr. Hoffman had worked with Ryan Construction Company and should be given credit for the develop- ment of the site. No action was taken. SEWAGE CHARGE INCREASE DISCUSSED. Mr. Rosland advised Council that the Metro- politan Sewer Board has increased the City's sewage charges by 21% to $300,000 for 1982 and that the City will undoubtedly be forced to raise its rates. The Mayor said that he would convey the City's concern to the Metropolitan Council. No formal action was taken. Member Schmidt complimented the City EDINAMITE BALL DISCUSSED. Mr. Rosland advised that the Edinamite Ball Committee is meeting, tonight and that it is estimated that proceeds ran over $20,000. .BIr. alild Mrs. Hemstad, Chairmen of the Ball, will be invited to the next meeting for presentation of a Resolution of Appreciation. ORDINANCE NO. 431-A4 GR4NTED FIRST READING; SECOND -READING WAIVED. by Mr. Rosland that the bonding compznies have requested a change :in the City's No formal action was taken. Seing advised a 0 rn bond forms so that new bonds need not be executed every year, Member Schmidt v/ u. offered Ordinance No. 431-A4 for First Reading, with waiver of Sec'ond Reading and moved its adoption as follows: ORDINANCE NO. 4 3 1-A4 AN ORDINANCE AMENDING ORDINANCE NO. 431 TO DELETE SUPERnUOUS LANGUAGE THEREFROM, TO REGULATE PLUMBING IN THE CITY, TO ELIMINATE INCONSISTENCIES BETWEEN ORDINANCE NO. 431 and STATE STATUTES, AND,TO PROVIDE THAT THE BOND REQUIRED BY SECTION 30 THEREOF BE CONDITIONED UPON CONPLIANCE WITH THE OIWINANCES OF THE CITY AND LAWS OF THE STATE, AND THAT THE TERM OF SUCH BOND BE CONTINUING, EXPIRING ON THE 31ST. DAY OF DECEMBER AFTER THIRTY (30) DAYS' PRIOR WRITTEN NOTICE TO THE CITY, AND THAT THE AMOUNTS OF FEES FOR LICENCES AND PERMITS REQUIRED THEREBY SHALL BE SET FORTH IN ORDINANCE NO. 171 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, O3DAINS: and the following inserted 2n lieu thereof: apply to all plumbing work: Section 1. Section 2 of Ordinance No. 431 is hereby deleted in its entirety ' "Sec. 2. Regulations for Plumbing Work. The following regulations shall *. -, The holder of the permit to perform plumbing work within the city shall save the City harmless from all actions or damages arising from any opening in any street, lane or avenue made by such person or by any person in his employ, or with whom he has contracted for the work;for the purpose of put- ting dowc service pipes connecting with the waterworks .or sewer system of the City. The holder of the permit to perform plumbing work within the City shall restore all streets, lanes and avenues excavated by him to their former good conditim and shall keep 2nd maintain such streets, lanes,,and avenues in good condition for the period of one year after such excavation." Sec. 2. Section 3 of Ordinance No. 431 is hereby repealed in its entirety. ' ,. ,. '. Sec. 3. Section 4 of Ordinance No. 431 is amended by redesignating it as "Sec. 3" and inserting the following lazguage at the beginning thereof: tTJrLless exempt by state law," ** Sec. 4. Section 17 of Ordinance No. 431 is amended by inserting a period after the word "Inspector" in line 6 thereof. and deleting therefrom the, follow- "md every license here.wz%er shall expirz on the first day of J&nuary next ing language: .. ' I foxloiqing.*r I *e ' ' Set.* 5. Section 19 of Orrdinance No*. 431 is hereby repealed in its entirety. Sec. 6. Sectioc 21 of Ordinance 431 is anended to read as follows: be set forth in Ord.liiance Na. 171. "Sec. 29. ?emits ; Fee. No water conditioning equipment shall be installed or connected +,o any uat.r5,r pipe or nain witkin the City unless a permit for . such installation' or ~.~nne~.ti~t has been issued by the PlEmbing Inspector. The fee for each such perrdt shai-1 be as set forth in Ordinance Mo. 171. tl -I bec. 21. Fee. The fee for each iicense required by this ordinance shall 2- I ' . Sac. 7. Section 29 05 Orcihance No. 431 is anended to read as fo~~ov7S: ll/ 16/81 Then a permit has been issued for such an installation or connection, no additional permit shall be requtred for subsequent interchange of water conditioning equipment or units using the same water pipe connection with no additional cutting of the water pipe. I' "Sec. 30. Bond; Liability Insuranke, Exceptions. No permit shall be issued to any applicant unless that applicant either (i) has proven to the satisfaction of the City Clerk that the applicant is either exempt from bond requirements by Subdivision 3 of Minnesota Statutes 326.601, or has obpained the Qond describe'd in Subdivision 1 of Minnesota Statutes e326.601, or (ii) shall then have on file with the City Clerk a bond that is valid and in force and effect in the penal sum of at leas't $2,000.00 with,a corporate surety approved by the City Manager, which bond shall be conditioned that the applicant as to all material and equipment by him furnished and.as to all business carried on or all work done, commenced or performed by him pursuant to such permits issued to him, shall save the City harmless from all actions or damages of any kind arising from the furnishing of such materials and equipment and carrying on, doing, commencement or performance of such work or business, and that applicant will strictly comply with the applicable ordinances of the City and the laws of the state, whether existing at the time of such application or thereafter adopted, and will pay all permit fees required by such ordinances and laws and penalties imposed upon applicant for the violations of such ordinances and laws, 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. The term of such bond shall be continuing and shall not terminate until thirty (30) days after the date upon which the City Clerk receives written notice of such termination, said notice to be served by registered mail. Such bond shall provide that the City is the sole obligee under such bond and that no other party is intended to be benefited . thereof. Such bond shall be submitted on the form on file in the office of the City Clerk. Copies thereof shall be available to all applicants without charge. Provided, however, that an applicant for a perm5t to do water con- ditioning work on the premises, or that part of premises, owned and actually occupied by such applicant at his residence need not comply with any of the foregoi9g bond requirements in this Section 30 in order to obtain such permit. No permit shall be issued to any applicant unless that applicant either (2) has proven to the satisfaction of the City Clerk that the applicant is either exempt from insurance requirements by Subdivision 3 of Minnesota Statutes 8 326.601 or has obtained the insurance described in Subdivision 2 . of Ennesota Seatutes 8 326.601, or (ii) has proven to the satisfaction of the City Clerk that a policy of public liability insurance has been procured with respect to work to be performed by him during the period of the permit for death or personal injury arising therefrom to any person or persons, in amounts not less than $100,000 for each person and $300,000 for each incidcnt and for damage to property arising from any incident in the amount of not less than $50,000. 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 comply with any of the foregoing insurance requirements of this Section 30 in order to obtain such permit .I1 Sec, 9. "or joumeynan" between the words "master" and "plumber" in line 11 of Section 31. Sec. 10. This ordinance shall be in fdl force and effect immediately upon Sec. 8. Section 30 of Ordinance No. 431 is amended to read as follows: .. - by the provisions I . Section 31 of Ordinance No. 431 is amended by inserting the word& - I its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. t - *I :-7+ (3 ;;:-;- - Xollcall. : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney - Xays: None Ordinance adopted . ir -L - d --- ATTEST : Xqor *, c, .- vr 4%?4hAL*8. %!-uhAG -City Clerk -, 0PJ)INANCE NO .- 142 ADOPTED ; SECOND READING i.i?IVSI. '4exber Turner offered the following ordinance and moved its rrdopticil: c 4 I' 'f C. 9.) . 11/16/81 28% ORDINANCE NO. 142 AN ORDINANCE REQUIRING LICENSE REGISTRATIONS, UNIFYING THE TERM OF LICENSES AND LICENSE REGISTRATIONS REQUIRED BY THE ORDINANCES OF THE CITY FOR THE CARRYING ON OF A TRADE, OCCUPATION OR BUSINESS; AND REQUIRING A BOND AS A CONDITION OF THE ISSUANCE OF LICENSE REGISTRATIONS AND CERTAIN LICENSES THE CITY COUSCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. License Registration. No person licensed by the State of Mnnesota, or an'y division thereof, to carry on any trade, occupation or busi- ness shall carry on such trade, occupation or business within the City unless such person has presented such'license to the City Clerk and has obtained from the City Clerk a license registration which is then in full force and effect; provided, however, that the foregoing shall not apply to any journeyman plumber who is employed only as such. issued by the City Clerk without cost upon presentation of such license. ense registration and renewal thereof required by the ordinances 6f the City for the carrying on of a trade, occupation or business shall expire on the 31st day of December following its date of issuance. Unless exemptby state law, every applicant for (i) a lic- ense registration for the carrying on within the City of the business of plumb- ing, water softener installing, well drilling or building moving, or (ii) a license pursuant to Ordinance Nos. 429, Part 1 (Oil Burner Installer), 429, Part 2 (Stoker Installer), 429, Part 3 (Steam and Hot water Installer), 429, Part 4 (Warm Air Heating and Air Conditioning Installer), 429, Part 5, (Refrigerator Installer), 431, Part 4 (Gas Fitter and 1302 (Scavenger shall ' file with such application a bond that is valid and in force and effect in the . penal sum of at least $2,000.00, with a corporate surety approved by the City Manager, which bond shall be conditioned that the applicant, as to all material and equipment by him furnished, and as to all business carried on or all work done, commenced or performed by him during the term of the license, license registration or renewal thereof shall: Strictly comply with the applicable ordinances of the City and. the laws 6f the state, whether existing at the time of such application or thereafter adopted; Pay all permit fees required by such ordinances and laws 2nd penalties imposed upon him for the violation of such ordinances and laws; Save the City hamless from all actions or damages arising from the furnishing of such materials and equipment and the carrying on, doing, Reimburse the City for any expense which it may incur in completing reconstructing or repairing any faulty or incomplete work done or to be done by such applicant. Such license registration shall be promptly Sec. 2. Term of Licenses and License Registrations. Each license, lic- Sec. 3. Bonds. (a) (b) (c) I! commencement orrlperformance of such work or business; and .- (d) 'The term of such bond shall be continuing and shall not terrnimate until the 31st day of December next occurring after a date thirty (30) days after the date upon which the City receives written notice of such termination, said notice to be served by registered mail. Such bond shall provide that the City is the sole obligee and under such power no other party is intendedto be benefited by the- provisions hereof. affice of the City Clerk. Copies thereof shall be available to all appljxants without charge. cpon its passage and publication. Such bond shall be submitted on the form on file in the Sec. 4. This ordinance shallibe in full force and effect imnediately "Motion for adoption of the ordinance was seconded by Meaber Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None OrdirLance adopted. ATTEST : ORDT.EI&?C:E NO.. 14 1-81 ADOPTED; SECOND READIXG WAZVED. -- f~lla~ing ordinance. for First Reading, with waiver of Second Xeacling and ~~loved Member Turner offered the -7 *- i,ts adoption: OhINAXCE Ni). 141-A1 ANNUAL LICENSES S'&lLL EXPIRE ON THE 31ST DAY OF DECEXBER AN ORD1NkMCX AMEHDING OKDINANCE NO. 141. TO PROVIDE THAT FOLLOWING THE DATE OF ISSIJiWCE ---- THEXEOF I_- 111 16/81 286 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 7 of Ordinance No. 141 is amended to read as follows: "Sec. 7. Term of License. Unless otherwise provided by ordinance, every annual license shall expire on the 31st day of December following its date of issuance . its passage and publication. 1 Motion for adoption of the ordinance was seconded by Member Schmidt. Sec. 2. This ordinance shall be in full force and effect immediately upon , Rollcall : Ayes: Bredesen, Richards, Schmidt., Turner, Courtney Nays: None Ordinance adopted. ATTEST: &. i&/ City Clerk ORDINANCE NO. 130242 ADOPTED; SECOND READING WAIVED. Member Richards offered the following ordinance for First Reading, with waiver of Second Reading and moved its * adoption: *- ORDINANCE NO. 1302-A2 AN ORDINANCE AMENDING ORDINANCE NO. 1302,TO PROVIDE TEAT REQUIRED THEREBY SHALL BE SET FORTH IN ORDINANCE NO. 17.1 THE AHOUNTS OF THE FEES FOR THE LICENSE AND THE PERi?fIT AND TO DELETE SUPERFLUOUS LANGUAGE THEREFROM _* (C THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4 of Ordinance No. 1302 is amended to read as follows: .. '!Set. 4. License Fee. The amount of the license fee for the first license, issued hereunder, and the amount of the fee for each annual renewal thereof by the same applicant shall be as set forth in Ordinance No. 171." Sec. 2. Section 5 of Ordinance No. 1302 is amended to read as follows: "Sec. 5. Any person desir-_ ing to act or render services as a scavenger within the City shall make- application to the City Council or its designee, accompanied by a license fee. Such application shall be verified by the oath of the applicant: and shall state ~ (a) the name and address of the applicant, (b) Application for and Issuance of License; Bond. I if the applicant is not an individual, the names and addresFes of all .officers or other persons in control of the firm or corporation making- , application, and scavenging within the City. . (c) 7 a description of the equipment which the applicant proposes. to use for Uqon approval of the City Council, or its designee, the Clerk shall issue a license to the applicant which shall expire on the 31st day of December Sec. 3. 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 in the amount set forth in . Ordhance No. 171. Such application shall state the name of the owner or occupant and the address of the premises. scavenger to any premises in the City, the scavenger 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 oyner,or occupant and the address of the premises, (b) date of the pumping, (,c) capacity of the tank, (d) per: centages of scum and sludge, and (e) such-other info,-mzltion as may be requkred. by the Public Health Sanitaria. In case of an emergency, the scavenger may render services at any premises without a permit, provided verbal zlotifica-. %ion is given Sn advazce to the City Clerk or Public Health Sanitarian, if the emergency occurs %ithin regular business hours, and provided a permit is Sec. 4. -1v - . next following. I' After rendering services as a '_ -I re. obtaized on the next business day. P This ordinaace shall. be in full force and effect immediately uposits- passage and publication, &tion for adoptiozl of the ordinance was seconded by Member Turner. - R0llcr;ll: dyes : Bredesen, Ricl~~rris Schmidt, Turner, Courtney .L*. - Eays: None- Ordinance ad opted. ATTEST : City C12-rk / 287 -- ORDINANCE NO. 411-A1 ADOPTED ON FIRST READING; SECOND READING WAIVED. Member Rlcliards offered Ordinance No. 411-A1 for First Reading, with waiver of Second Reading, and moved its adoption as follows: ORDINANCE NO. 411-A1 AN ORDINANCE AMENDING ORDINANCE NO. 411 TO PROVIDE THAT THE AMOUNT OF THE FEE FOR THE PERMIT REQUIRED THEREBY SHALL MENTS THAT AN APPLICANT FOR A PERMIT (OTHER THAN A PERMIT TO BE SET FORTH IN MOVE A MOBILE HOME) OBTAIN INSURANCE AND A BOND AND MAKE A CASH ORDINANCE NO. 171 AND TO ELIMINATE THE ?&EQUIRE- DEPOSIT AS CONDITIONS PRECEDENT TO TIE ISSUANCE OF A PERMIT THE CITY COUNCIL,OF THE CITY OF EDINA, PIINNESOTA, ORDAINS: Section 1. Section 1 of Ordinance No. 411 is amended to read as follows: "Section 1. Permit Required. No person shall move, remove, raise OK hold any building within the limits of the City of Edina without first obtaining a perinit from the Building Inspector. For the purposes of this ordinance, the term "building" shall include a mobile home. 'I Sec. 2. Section 2 of Ordinance No. 411 is amended to read as follows: "Sec. 2. Application. A person seeking issuance of a permit hereunder shall- file an application for such permit with the Building Inspector in writ- ;ng upon forms provided by the Building Inspector. The application shall disclose such information as the Building.1nspector shall find necessary to a determination of whether a permit should be issued. Ordinance No: 171 and the fcllowing papers shall be filed with the application: (a) Sufficient evidence that all real estate taxes and special assessments against the building and lot from which it is to be removed are paid in full. (b) A written statement or bill of sale or other sufficient written evi- dence that the applicant is entitled to move the building. (c) wires, lamps or poles are required to be removed, for the removal thereof by the CoEpany. a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the State of Minnesota. shall insure the applicant, and the City of Edina as an insured in the sum of at least $25,000 for injury to one person, and $50,000 for one accident, and at least $25,000-property damage, and the policy shall be kept in effect until after the mobile home has been moved. home, a cash deposit in the sum of $500 as an indemnity for any damzge which the City may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the City, which may be caused by or be incidental to the removal of any mobile home over, along or across any street in the City, and for any expense incurred by the City under subdivision (b) of Section 5. (f) a borid on the form on file in the office of the City Clerk, executed by a corporate surety company authorized to do business in the State of Minnesota, in the amount of $3,000, conditioned upon the compliance by the applicant with this abd other applicable ordinances and laws, aad payment to the City of all fees, fines and penalties required by said ordinances. Transportation of the State of Minnesota pursuant to Section 221.81 of the Ninne- so ta Statutes . I' r&ad as follows: within the City, the City shall proceed to do the work necessary to leaving comply with thz requirenents of this ordinaxe, and the cost thereof sliall be the responsibility of the permittee and shall be charged against my cash- deposit required by the terms hereof. '' its passage and publication. Wation for adoption of the ordinance was secoiided by Flcmbcr Eredescu. A permit fee in the amount set forth in Written evidence of arrangements with all public utility companies whose , (d) If the applicant is seeking issuance of a permit to move a mobile home, The policy (e) If the applicant is seeking issuance of a permit to r,ove a mobile If the applicant is seeking issuance of a permit to move a mobile home, (g) A copy of the license issued to the applicant by the Commissioner of Sec. 3. "(b) Original Premises Left Unsafe. If the original building site is . --the original premises 5h a safe 'and sanitary condition, where permittee does riot Paragraph (b) of Section 5 of Ordinance No. 41.1 is amended to 'I ,-. Sec. 4. This ordinance shall be in full force an2 effect iakediately upon .I * - Rollcall : Ayes : Brcdesen, Richards , Schmidt., Turner, CourCne>- - 11/ 16/51 288 ORDINANCE NO. 130--A2 GRANTED FIRST READING; SECOND READING W offered the following ordinance for First Reading, with waiver and moved its adoption: ORDINANCE NO. 1301-A2 ImD. Member Schm of Second Reading, It AN ORDINANCE AMENDING ORDINANCE NO. 1301 TO SPECIFY * THE TERM OF BONDS REQUIRED BY SECTION 5 THEREOF AND - TO PROVIDE THAT THE MIOUNT OF THE FEE FOR THE LICENSE ~ REQUIRED THEREBY SHALL BE SET FORTH IN ORDINANCE NO. 171 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. ing sentence thereto: "The term of such bond shall be continuing and shall not terminate until . thirty (30) dzys after the date upon which the City Clerk receives written notice of such termination, said notice to be served by registered mail." . Sec. 2. Section 6 of Ordinance No. 1301 is amended to read as follows: "Sec. 6. Fee. The amount of the fee for the license required by this ordi- nance shall be determined on a per vehicle basis as set forth in Ordinance No. 171. Section 5 of Ordinance No. 1301 is amended by adding the follow- I I Motion for adoption of the ordinance was seconded by Member Bredesen. * Rollcall : Nays: None :Ordinance adopted. Ayes : Bredesen, Richards, Schmidt, Turner, .- (I: ATTEST : Mayor City Clerk ORDINANCE NO. 429-A1 ADOPTED; following ordinance for First Reading, with waivhr of Second Reading, and moved SECOND READING NAIVED. Member Bredesen offered the its adoption: ORDINANCE NO. 429-A1 AN ORDINANCE AMENDING ORDINANCE NO. 429 TO .DELETE SUPERFLUOUS LANGUAGE THEREFROM AND TO PROVIDE THAT THE APlOUNTS OF FEES FOR LICENSES KEQUIRED THEREBY SHALL BE SET FORTH IN ORDINANCE NO. 171 THE CITY CO-BNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: after the word "Official" in line 4 thereof and deleting therefrom the following language : . Section 1. Section 32 of Ordinance No. 429 is amended by inserting a period "and every license hereunder shall expire on the 1st day of January next Sec. 2. Sec. 3. Section 38 of Ordinance No. 429 is amended to read as follows: "Sec. 38. -. Fee. The fee for each license required'by this ordinance shali*- be set forth in Ordinance No. 171. If the license applied for will expire within 6 months from the date of application, the fee shall be reduced as. set forth in Ordinance No. 171. Sec. 4. This ordinance shall be in full force and effect immediately upon following . I' Section 36 of Ordinance No. 429 is hereby repealed in its entirety. its passage and publication. *= Motion for adoption of the resolution was seconded.by Member Schmidt. ...- I- Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney . mays-: None Ordinvlce adopted. 2~ik2zx2zd& ATTEST : Mayor - I 6 '3 8: && r t&- City Clerk ORDINANCE KO. 406-A2 ADOPTED ON FIRST READING; SECOND REPBING WAIVED. Member Schmidt offered the following ordinance for First Reading with waiver of Second Readingznd moved its adoption: ORDINANCE NO. 40642 ? ODINANCE ,&fENDING ORDIHANCE NO. 406 TO AMEND THE POW OF TMZZ NO .' 3-4. IkFERKErj TO IN PARAGRAPH (d) OF TABLE 1 TSS CITY COT&JCIL OF THE CITY OF EDINA, MIhTNESOTA, ORDAINS: Sectim i. "The fee schedde of Table 3-A in Section 304 of the UPC; provided, however,. that Che first 15 lines of said Table are hereby amended to read as act The fiTst two clauses of Paragraph (d) 'of Sectior, 1 of Crdi-." x~~ace 30. 406 are hereby amended to read as follows: 4 LI 289 forth in Schedule A to Ordinance No. 171 opposite the Fee Numbers 9a through 9f , inclusive ; " Sec. 2. This ordinance shall be in full. force and effect immediately upon its passage and publication. $lotion for adoption of the ordinance was secunded by Member Richards. Rollcall : Ayes: Nays: None Ordinance adopted. Bredesen, Richards, Schmidt, Turner, Courtney ATTEST: City Clerk ORDINANCE NO. 171-A2 ADOPTED ON FIRST READING; SECOND READING WAIVED. Richards offered the following ordinance - for First Reading, with waiver of Second Reading and moved its adoption: Member - ORDINANCE NO. 171-A2 AN ORDINANCE AMENDING ORDINANCE NO. 171 a. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Fee Nos. 7 and 8 of Schedule A to Ordinance Bio. 171 are hereby amended to read as follows: om. SEC. PURPOSE OF FEE AHOUNT 312 5 Redemption of $7.00 per day for feeding and FEE NO. 7a '0 CT) -3 e ex - NO. NO. OR CHARGE Impounded Animals care, any veterinarian ser- vices and the impounding fee shall be : (a) If the animal has not been impounded within one year prior to the date of impounding, the fee shall be $25 .OO Fmpounded once within the year prior to the date of im?ounding, the fee shall be $50.00. (c) If the animal has beea 7d impounded twice or more within one year prior to the date of impound- ing, the fee shall be $100.00. 7b (b) If the animal has been . 7c . 7e 7f 6 Disposal of Animal $10.00 per animal 312 3 1% 10 Dog License $10.00 per dog or $5.00 per neutered dog 312 14 Duplicate Dog $1.00 per duplicate tag 7g License Tag $50.00 per year or fraction thereoE . 7h 312 20 Commercial Kennel 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 : Nays: None Ordinance adopted. Bredzsen, Richards , Schmidt , Turner, Cowtney ATTEST : 4L- d3 ,, ' I City Clerk Keading and iiicved its adcption: OWINANCE NO. 171-A3 AI? D?aINANCE AMENDING ORDINANCE NO. 171. TO TilE CITY COUNCIL OF THE CITY OF EDIHA, MINNESOTA, OXDAINS: TWCRERSE TIE M'fOUNTS OF CERTAIN FEES --___-_ __-_- Section 1. '!%e amollots of Che following described Fee numbers of 1 Schedr1d.e A to OrdiL?anc.e Mo. 171 are anended to read as follows: 290 AMOUNT FEE NO. $150.09 (per annum) (renewal) 3C c - $150.00 (per annum) (renewal) 36 !d Sec. 2. Schedule A to Ordinance No. 171 is hereby amended as follows: . (a) There is hereby inserted between Fee No. 36c and 36d the f o 11 owing .: ORDINANCE SECTION FEE NO. NO. 90 1 15 * NO. AMOUNT - $200.00 (per .annum new license) 36c-1 - (b) There is hereby inserted between Fee No. 36d and Fee No. 36e the following: ORDINANCE SECTION FEE NO. NO. . . -- 901 15 NO. AMOUNT - $200.00 (per annum new license) 36d-1 Sec. 3. This ordinance shall be in full force-and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Nember Turner. I Rollcall : Ayes : Bredesen, Richards , Schmidt , Turner, Courtney :Ordinance adopted. - Nays: None ORDINANCE NO. 312 ADOPTED; SECOND READING WAIVED. Mr. Rosland advised that, be- cause of many amendments to the Animal Ordinances, it was throught best to codify the ordinances. Member Schmidt thereupon offered Ordinance No. 312 for First Reading, with waiver of Second Reading, and moved its adoption as follows: ORDINANCE NO. 312 AN ORDINANCE PROHIBITING THE RUNNING OF ANIMALS AT LARGE AND CERTAIN OTHIZR ACTS RELATING TO ANIMALS, REGULATING THE KEEPING OF ANIMALS, REQUIRING THE LICENSING OF DOGS AND CONMERCIAL ANIMAL KENNELS, ESTABLISHING A POUND, PROVIDING FOR THE IMPOUNDING AND DESTRUCTION OF CERTAIN ANm&S, OR GIFT OF CERTAIN ANIMALS, AND PRESCRIBING PENALTIES DECLARING CERTAIN ANIMALS TO BE A PUBLIC NUISANCE, PROHIBITING THE SALE I Sect ions 1. Definitions 21. Fleanliness of Kennel 2. Establishment of an Animal Pound 22. Enforcement by Health Officer 3. Impounding and Public Health Sanitarian . 4. Notice of Impounding 23. Impounding, Confinement or Des: 5. Redemption truction of Animal to Determine, 6. Animal Disposal Fee if Rabid 7. Disposition of Unredeemed Animals 24. Muzzling Proclamation 8. Impounding Animal - Objection by 25. Sale or Gift of Animals for Adver- Owner tising and Promotional Purposes 9. Disposition of Proceeds of Sale 26. Keeping of Certain Animals of aredeemed animals 27. Keeping of Livestock 10. Dog License Required 28. Animals Running at Large 11. Date of Payment for Dog License 29. Confinement or Destruction of . 12. Receipts and Tags Certah Animals to be a Public 14. Duplicate Tags 30. Restrictions on Dogs 15. Offenses Involving Tags 31. Breaking Pound or City Vehicle 16. Tags Not Transferable 32. Iriterference with Officer 17. License Required for Kennel 33. Penalties 18. Kennel .License Procedure or 34. Repealer . 13. Affixing Tags Nuisance t I1 r* . Control; Penalties 35. Effective upon Publication . . KgnneE License Applicatiins i I :I f). * TIE CITY COUNCIL OF THE CITY OF EDIRA, MINNESOTA, OfwLLINS: 20. 19* i Kennel License Fee , Section 1. Defiaitiobs. As used in this ordinaace ' "Animal" means , without limitation, livesCocic, rodents dogs , cats , birds , reptiles azld other animals. "Assessor)'. Building" means a subordinate building cr portion of a main building- which is located on the same lot as the main building anci ths use of which is clearly incidental to the ,'use of the mein t?uildLcg. six months of age are kept,. and where the busii:ess of seliing, harding, breeding, showing, treating or grooming dogs or other an5nd-s !:a csr,duc;led. kirrd includhg, without limitation, pens, fcilcecl aceas md dog hcmses, that'is principally used or designed for use as a ?la& foc kecplng of 0itc.o~ tk70 dogs' t -6 and having an area less than 1,500 square feet-,. I' ~ 11'1 Commercial Kennel" means a place where more than txm dogs or other-aninds over it , Dog.Enclosure'* means any building or portj.or, fhercof, strucixcre or area of any, I1 -- .. 111 16/81 291 "Domesticated Animal" means an animal domesticated by humans so as to live and bread in a tame condition. 't.& \ i 1121, "Impound" means seize and hold "Livestock" means farm animals kept for use, pleasure or profit, including, without limitation, horses, mules, sheep, goats, cattle, swine and fowl. "Own an Animal" means own, harbor, keep or have custody of an animal or be the parent or guardian of a person under 18 years of age who owns, harbors, keeps or has custody of an animal. "Picket" means restrain an animal by iiieans of a chain, leash or other attach- ment to a fixed pbject, thereby confining the animal to a determined area. "Public Area" includes any property open for public use or travel, even though it is privately owned. Rear Yard" means a portion of 'an improved lot between the rear lines of the main building located on such lot and the rear lines of the lot, which space is unoc- cupied except for accessory buildings and the lateral boundaries of which space are coterminous with the lateral buildings of such lot. Sec. 2. Establishment of an h-imal Pound. The City Council may either desig- nate an animal pound, municipally or privately owned, within or without the City limits, or construct and maintain such .zin animal pound. Sec. 3. Impounding. City Police Officers, Animal Control Officers, Community Service Officers or such person or persons designated by the City Council shall impound any animal found in violation of this ordinance. Sec. 4. Notice of Impounding. If the identity of the owner of-an impounded animal is known, the impciunder of such animal shall notify such owner as soon after such impounding as is reasonably possible. If the identity of the owner of an impounded animal is not known, the impounder of such animal shall file an impomding notice describing the animal and stating the date and place where it was seized. Such notice shall be filed at the animal pound and the City Police Department. The Police Department, within 24 hours after impounding any animal other than a dog or cat, shall post, in three or more conspicuous public places in the City, an impounding notice describing the animal and stating that the same has been impounded. Sec. 5. Redemption. Any animal impounded for a reason other.than rabies observation may be redeemed from the animal pound by its owner within the time period stated in, Section 7 of this ordinance by paying to the City the redemption fees in the amounts set forth in Ordinance No. 171 and a license fee if the anha1 is required to be licensed and is unlicensed. The Police Department shall, upon request, deliver any redeemed animal to its owner. Sec. 6. Animal Disposal Fee. The Animal Control Officer may dispose of any animal either alive or deceased upon (2) the request of its owner; (ii) the pay- ment to the City of a fee in the amount set forth in Ordinance No. 171; and (iii) the receipt by the City of a liability release signed by such animal's owner. gal custody. I1 * Sec. 7. Disposition of Unredeemed Animals. (a) Any animal not redeemed within six days after impounding may be sold at a reasonable price which shall Dot be less than the amount of fees which the owner would have t~ pay to redeem the animal; provided, however, that during the thee- day period preceding such a sale of an animal, other than a dog or a cat, a notice of the time and place of such sale shall be posted by the Animal Control Officer in at least three conspicuous places within the City and at the animal pound. If the animal is not sold on the date of sale set forth on such notice, the City may sell the animal as soon thereafcer as possible without further notice. (b) Any animal not redeemed within six days after impounding and not sold as provided in (a) of this section shall either be painlessly disposed of or sur- rendered for research purposes to any educational or scientific institution licensed pursuant to the Xinnesota Statutes. Sec. 8. Impounding .Animal - Objection by Owner. Any omer may object to the impounding or subsequent disposition of his animal as being contrary to the pro- visions of this ordinance by filing an objection signed by him with the City within five days after the action objected to wi?s taken. the filing of the objection, the City may bring an acticn in the municipal court by serviEg on the objecting owner a complaint setting forth the violation 9f this ordinance which caused the City to take the action to which the amer objects. The court may then approve or order the return of the animal to its owner with or without payment of redemption fees by the owner; or the disposal. or sale of the anixal. or, if the animzl has been improperly disposed of or sold, the payment to rile owner of the reasonable value of the animal; or, imposition on the owner of the same penalty as that for conmission of a misdemeaaor; or, any two or more of When an objection has been filed with the City, the City s5dJ. not ?isFiose of or sell the animal refemed to in the objection if it is still 5-n the pound, but shall within ten days after filing of such objection, either reti~rn the anirnsl to the owier, without liability on his part for any fees, or keep i.L pend- 5ng determination of the action described in this section. beerL disposed of or sold, the City shnlf within ten days after such f'ilhg ei.thC psy to the owner the reasonable value of the animal or begin the action des- Within ten days after 3. I < - the foregoing. If the animl has 11/16/81 292 cribed in this section. The proceeds of the sale of any animal pursuant to Section 7 shall be applied first to the pay- ment of the expenses of the impounding, Keeping and sale of such animal. The balance of such proceeds shall be held by the City for the benefit of the owner of such animal, and if not claimed within one year froin the date of such sale, . the balance shall be placed in the City's general fund. in the City shall secure a license for such dog from the City. license shall be as.set forth in Ordinance No. 171. proof that his dog has been neutered, the amount of the fee for the license for such dog shall be reduced as set forth in Ordinance No. 171. licensed hereunder must have proof of current rabies vaccination. Each owner of a dog shall pay the license fee imposed in Section 10 to the City on or before the first day of Janu- ary in each year, or upon acquiring ownership or possession of any unlicensed ddg, or upon establishing residence in the City. the necessity of paying such license fee to be printed in the official paper one time before the 15th day of December in each year. Sec. 12. Receipts and Tags. Upon the payment of the license fee required by Section 10 hereof, the City shall deliver an original receipt to the person who pays the fee and retain a duplicate of such receipt. &e, the City shall also deliver to the owner of the dog a metallic tag, the shape of Iqhich will be different for each license year. . Sec. 9. Disposition of Proceeds of Sale of Unredeemed Animals. Sec. 10. Dog License Required. Any owner of a dog over six months of age The fee for such If the owner of a dog shows .I i All dogs to be Sec. 11. Date of Payment for Dog License. The City shall cause a notice of - Upon the payment of such .- See. 13. Affixing Tags. Each owner of-a dog shall cause the tag described in Section 12 hereof to be affixed by a permanent metal fastening to the collar- . of his dog City. issued by the City upon presentation of a receipt showing the payment of the license fee for the current year. in Ordinance No. 171 for each duplicate tag. Sec. 15. Offenses Involving Tags. .It shall be unlawful to counterfeit or attempt to counterfeit the tag described in Section 12 hereof, or to take from any dog such a tag Legally placed upon it by its owner with the intent to place it upon another dog, or to place' such tag upon another dog. refunds shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license period. See. 17. License Required for Kennel. No person shall maintain a com- mercial kennel.without first having obtained a license therefor under the provi- sions of this ordinance. of Ordinance No. 141 of the City, including penalty provisions thereof, shall apply to all licenses required by this ordinance for commercial kennels and to the holders of such licenses.. I . Sec. 19. Kennel License Applications. The application for a commercial ken- nel license or renewal thereof shall contain or have attached thereto, in addition to the information required by said Ordinance No. 141, a detailed plan and des- cription of the premises and structures wherein,the kennel is to be operated,' unless the application is for renewal of a previous license and no change in the premises or structure has been or is contemplated to be made. be ih the amount set forth in Ordinance No. 171. clean, sanitary and well ventilated conditton at all times, and shall be open to inspection by the Health Officer, the Public Health Sanitarian, the Animal Con-- trol Offider of the Police Officers of the City at all reasonable times. It . j.1 shall. be the duty of the City Health Officer and City Public Health Sanitarian to enforce Sections 21 and 24 hereof. Rabid. shall be quaanthe6 mder the care of a licensed veterinarian for a period ofe ten days, or if prooE of chrrant rabies vaccination is presnted, the animal may be quarantined& the owneq's residence ?or ten days, or if proof of current rabies vaccination is presented, ths sdxxil zay be quarantined at the owner's residence for ten days. k%c;-,.the ainaL is quarantined at the owner's home, the aahalmust be kept separate fmn: other anLnnls and kept confiaed within a build- ing or fenced area at all times vnlesse23 2 leash heJd.by an adult. in a manner that the tag-may-be easily seen by the oEficers of the Each owner shall cause the tag to be worn constantly by his dog. Sec. 14. Duplicate Tags. If a dog tag is lost, a duplicate tag may be . A fee shall be charged in the amount set forth Sec.'lG. Tags Not Transferable. Dog tags shall not be transferable and no Sec. 18. Kennel License Procedure or Control; Penalties. The provisions . Sec. 20. Kennel License Fee. Sec. 21. Cleanliness of Kennel. Commercial kennels shall be kept & a ' The fee for a commercial kennel license sh&l . , , .I Sec. -22. Enforcement by Health Officer and Public Health Sanitzrian. Sec.*-23. Impou;zding, Confinement or Destruction of Animals to.Determine if (a) Any acinai which has bitten or is reported to have bitten a person " -* 293 (b) Any animal quarantined pursuant to Subsection 23(a) hereof shall be inspected by a licensed vet,ezhari&n at tli6 &%l.of the ten*day. quarantine period, the City Health Officer must be notified i&&diately and the animal, if alive, quarantined under the care of a licensed veterinarian, and if deceased, delivered to the Animal Control Officer for rabies examination. (c) The owner of any animal quarantined pursuant to Subsection 23(a) hereof shall deliver to the City the "Notice of Quarantine" served on the owner by the City at the time such quarantine is established, duly completed and signed by a licensed veterinarian acting as the inspecting veterinarian. Such Notice shall be deliverkd to the City Health Department by the owner not less than ten days, or more than fourteen days from the date of the establishment of the quarantine. If the inspecting 'veterinarian finds the animal to be rabid, it shall be destroyed. rabid, the animal shall be returned to its owner provided the owner shall first pay the costs referred to in Subsection 23 (d) hereof. (d) tion 23 (a) hereof shall pay any impounding - -- or boarding fee and any costs incurred for veterinarian services. ' (e) Any animal which has bitten or is reported to have bitten a person may be immediately destroyed if the animal cannot be impounded after reasonable effort, or cannot be impounded without serious risk to persons attempting to impound it. Sec. 24. Muzzling Proclamation. Upon written advice of the Health Officer that he has determined that a dog found in the City is infected with rabies or Hydrophobia and that the public safety and general welfare require a muzzling proclamation, the City Manager may order, by proclamation, that all dogs be muzzled when off the premises of the owner, that all unmuzzled dogs found off the premises of the owner be immediately impounded, and may further order that, . after the proclamation has been published for 48 hours either by posting or printing in the official newspaper, all unmuzzled dogs found off the premises of the owner shall be impounded and destroyed, except that an officer may immediately destroy such an unmuzzled dog if with reasonable effort it cannot be impounded. Any dog impounded during the first 48 hours after the publishing of any such proclamation, if claimed within six days and if not infected.with hydrophobia or rabies, shall be returned to its owner after payment of all fees described iii Section 5 hereof, but after said six days, such dog may be destroyed. If the inspecting veterinarian finds the animal to be not The owner of any animal that has been quarantined pursuant to Subsec- Sec. 25. Sale or Gift of Animals for Advertising and Promotional Purposes. Na person shall sell, offer for sale or give away for advertising or promotional purposes any animal less than 30 days old as a pet or novelty; provided chis o'rdinance shall not be deemed to prohibit an isolated sale or gift of such an animal not in connection with a business enterprise, nor sales of such animals for commercial purposes by hatcheries or stores engaged in the business of sell- ing such animals for commercial purposes and equipped. with proper facilities to care for them. bits, mice, hamsters, guinea pigs or other rodents, or any bird on any premises used for residential purposes 'except in a metal cage so constructed that it may be completely and easily cleaned and that the animal ar animals kept therein are completely enclosed and protected from small children and animals on the outside. Such animals at all times shall be kept within the dwelling or an accessory building. * Sec. 27. Keeping of Livestock. Unless the Board of Health has conscnted thereto in writing, no person shall. keep livestock in the City within 500 feet of human habitation or within 500 feet of real estate plotted fnto lots and desig- hated as an addition. large on any public property or ?ublic area or on private property without the consent of the owner or possessor of the private property. Sec. 29. Confinement or Destruction of Certain An5mals; Declaring Certain Animals to be a Public Nuisance. ' (a) will prevent its escape ani! access thereto by cther animals. (b) position shall be confined (5) in 2 manner which will prevent its esczpe and its causing harm to persons; and (ii) iil a place from w31ch 5.'; caanot be reieased - except by its owner and except tihen muzzled and under the control of a competent person. . , (c) to be dangerous to the safety or welfare of any person. sha?.,l be csntined (i) ir, a manner which will pl-cvent its escape and its causLag barx to persons; and (ii) in a place which prev~rrts access to the ilniaal from the outa.i.de by persons .Sec. 26. Keeping of Certain Animals Regulated. No person shall keep zny rab- Sec. 28. Animals Running at Large. No person shall allow any animal to run at Any domesticated animal in heat shall be kept collffned in a xanner which Any domesticated ailima1 of a fierce, dangerous or vicious iiature OX dis- Any animal which in its uncaptured, wild state has the phys5cal capacity 294 11/ 16/81 other than its owner or those having control of it. Such place and sanitation facilities for it shall be approved by the City Animal Control Officer and the City Public Health Sanitarian prior to the importation of the wild animal into the City. health and safety of the public and the animal. Reducing such a wild animal to captivity, whether trained or otherwise domesticated, shall not remove such animal from the requirements and regulations hereof. Any wild wnimal which is not confined as herein provided shall be deemed a public nuisance and the City shall proceed to abate said public nuisance by all lawful remedies, including impoundment and destxruction, without compensation to the owner. In the event that any such wild aniinal is a member of a protected species, applicable state and federal laws shall apply to the abatement of the nuisance. threatens, worries, chases or attacks pedestrians, bicyclists or other persons on public property, public areas or private property other than property owned or possessed by the owner of the animal shall be deemed a public nuisance. any domestic animal or wildlife shall be deemed a public nuisance. under the provisions of this ordinance for biting persons other than members of its owner's immediate family shall be deemed a public nuisance. defecates on private property without the consent of the owner or possessor of the property shall be deemed a public nuisance. at large shall be impounded by the Police Officers or Animal Control Officer of the City in the manner described in this ordinance; provided such animal may be immediately destroyed by a Police Officer or under the direction of the Animal Control Officer if it cannot be impounded after reasonable effort or cannot be impounded without serious risk to persons attempting to impound it. bored at any place in the City except in a licensed pet shop or licensed animal hospital mless permission has been granted by the Board of Health and unless such place is open to inspection by the Health Officer and Public Health Sani- tarian of the City at all reasonable times. or premises shall keep or allow to be kept any animal which shall by any coise disturb the peace and quiet of any persons in the vicinity thereof. stating facts and circumstances of an alleged violation of this ordinance. The The City shall inspect the facilities from time to time to insure the I (d) Any animal which habitually chases motor vehicles on public streets or (e) (f) Any domesticated animal which attacks, wounds, worries, injures or kills Any animal which has been impounded on three or more separate occasions 1 I - -_ (g) Any animal which damages plantings or structures or micturates or . -- (h) Any animal described in Subsections 29 (a) through 29 (g) found running (i) No more than two animals over six months of age shall be kept or har- . (j) No person owning, operating, having charge of, or occupying any building (k) Any person may call or deliver to the Animal Control Officer a comj?laint Animal Control Officer shall investigate such complaint. in the presence of the Animal Control Officer, he may issue a summons. bable cause of a violation exists, which violation did not occur in the presence of the Animal Control Officer, he may submit all reports, witness statements and evidence to the prosecuting attorney for a formal complaint. If a violation occurs If pro- Sec. 30. Restrictions on Dogs. (a). No dog shall be permitted to be off the premises of its owner at any -'. time unless it is leashed or accompanied by a person having as effective control over it by command as by leash. (b5 No person having custody or control of a dog shall permit the dog to damage any lawn, garden or other private or public property, or to micturate or defecate on private property without the consent of the owner or possessor of the property. control of a dog to remove any feces left by such dog on any public pr0pert.j or public area and to dispose of such feces in a sanitary manner. furthermore be the duty of each person having the custody or control of a dog when such dog is upon any of the places or areas described in the immediately preceding sentence to have in his possession a device or equipment for the pick- ing up and removal of dog feces. zpply to a guide dog accompanying a blind person or to a dog when used in police or rescue activities by or with the permission of the City. not be ccrnstrued by implication or otherwise to allow dogs to be where they are otherwise prohibited by the ordinances of the City. It shall be the duty of each person having the custody or It shall The provisions of this section shall not . This section shall (c) A dog enclosure, whether now existing or hereafter constructed, shall be placed only in a rear yard no closer than 20 feet to any property line. Such dog enclosure must be screened from the view of adjacent property by dense - vegetation or feacing of 90 percent opacity. In the alternative, the entire ssr yard may be enclosed for the purpose of keeping the dog. No dog shall. be picketed in such a manner as to create a nuisance by reasoa Gf noise or odor to adjacent property. No dog shall be picketed Ln a iaaaner which allo~irs it to occupy any area within 20 feet of a property line. (d) .. " SCC. 31. Brcnlcing Pound or City VehLcle. No person except an authorized by law shall break open or aid or assist in, counsel or breaking open of a pound or City vehicle used in the enforcement of ordinance, or take or let out or attempt to take or let out, any placed therein. to take from any officer named in Section 3, any animal seize'd'by in compliance with this ordinance; or (ii) interfere in any manner officer in the discharge of his duties under this ordinance. scribed herein, any person maintaining a nuisance as defined in this or otherwise violating this ordinance shall, upon the first conviction Sec. 32. Interference with'officers. No person shall (i) tak? Sec. 33. Penalties. In addition to the other penalties or fees J , officcr'duly this ,idvise, the animal legally or attempt tie officer xith such pre- ordinance therefor age and publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None . RESOLUTION WHEREAS, the City of Edina has applied to the Conmissioner of Tran Mayor <a 'ATTEST : .-. yp La--, City Clerk BRIDGE REPLACEMENT IMPROVEXENT NO. BR-lD. BID AWAWED . Mr . Rosland tabulation of bids for Bridge Replacement Inprovement No. BR-1D showing Astleford Company low bidder at $6X5,2O6.8Oy Lunda Construction at Cy-Con, Inc., at $674,455.00; Park Construction at $692,108.84; C. at $707,654.68; Arnold Beckman, Inc., at $718,398.30; Carl Boldnder. $750,109.30, Northern Contracting at $752,298.75 and Progressive Inc., at $874,590.95, against Engineer's estimate 05 $700,000.00. advised that funds for payment of the bridge replacement would come Aid Gasoline Taxes and that no cost would be incurred by the City. discussion, 14enber Schmidt's motion vas seconded by Member Turner for a giant from- the Minnesota State Transportation WHEREAS, the application for the grant has been Project No. 27546 over Eden he. (M,S.A.S. 163); and Council; and WHEREAS, the amount of the grant has been of the lowest responsible bid; NOW, THEREPORE, RE IT RESOLVED that the any cost of the bridge in ~XCCSS of the available- to the City of Edina, and chat bridge, but not required, based on the Motion for adoption of the resolution Minnesota State Transportation Fund. Rollcall : Ayes: Bredesen, Richards, Sclmiidt , Ttirncs, Courtney Nays: None Kcso1.u t ion adopted . k presented M. G. $651,863.35, FJ. McCrossan & Sons at Contractors, Council was - from State Following :hat the bid 29 6 EMPLOYEE IIEALLTII TNSURANCR BTDS CON'I'TNUlCD TO DECEM3JCR 7, 1981. As rcconiniendcd by lfr . 1<oslaiid, Piember 'hrncr 's motion was sccontlcd by blc?iiibcr R.Lcharcls, continuing award of bid for Einployee Neal th Insurance to Dcccmber 7, 1981. Nciiibcr l3rede- sen said that he would not vote on this question and did not intend to vote on further employee health insurance, because of a possible conflict of interest: P -- - c Ayes : Pdchrirds, Sclmid t , Turner, Cour tncy Nays: None Abstaining : Bredesen Motion carried. . SZECHUAN STAR RESTAURANT, INC., BEER LICENSE APPROVED CONDITIONALLY. advised that the Beer License Application of Czccliunn Star Restaurant, Inc., had been approved by the Police Department, Member Schmidt's motion approving an On- Sale Beer License, subject to approvalsby the Health Department, was seconded by Member Richards. .- Being Ayes: Nays: None Bredesen, Richards, Schmidt, Turner, Courtney . Motion carried. -.- - BRAENAR PARK EASEHENT VACATION HEARING DATE SET. Member Schmidt offered the following resolution and moved its adoption: As recommended .by Mr. Hoffman, - RESOLUTION CALLING PUBLIC HEARING ON PURPOSES VACATION OF EASEMENTS FOR DRLIINAGE AND UTILITY BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined (after receipt of the petition of the land affected thereby) that the following described easement for utility and drainage purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: ' The Westerly ten (10) feet of Lot 3, except the Northerly ten (10) * feet and the Southerly fifteen (15) feet thereof; and the Easterly and Westerly ten (10) feet of Lot 2, except the Northerly ten (10) feet and Southerly fifteen (15) feet thereof; 2nd the Easterly ten (10) feet of Lot 1 except the.Northerly ten (10) feet and Southerly fifteen (15) feet thereof, all in Braewood Park. 8 2. ice included in paragraph 3 hereof for the purpose of holding a public hearing on 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 published 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 conspicuous places within the City, as provided in Minnesota Statutes, Secticn 412.851. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of not- . (Official Publication) .. CITY OF EDINA _.. 4801 W. 50TH STEET EDINA, NINNESOTA 55424 NOTICE OF PUBLIC HEARING IN THE CITY OF EDINA, COUNTY OF HENHEPIN, MINNESOTA ON VACATION OF EASEEENTS FOR DRAINAGE AND UTILITY PURPOSES . NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Sbreet, on Blonday, December 7, 1981, at 7:OO l'clock p.m. for the purpose of holding a Pub- lic Hearing on the proposed vacation of the following described easements for drainage znd utility purposes: The West ten (10) feet of Lot 3, except the Northerly ten (10) feet and the Southerly fifteen (15.) feet thereof; and the Easterly 2nd IJesterly ten (10) feet of Lot 2, except the.Northerly ten (10) feet and Southerly fifteen (15) feet thereof; and the Easterly ten (10) feet of Lot I except the Northerly ten (10) feet and Southerly fifteen (15) thereof, all in Braewood Park. All persons who desire to be heard with respect to the question oE whether or not the above proposed easement vacations are in the public interest and should be made shall be heard at said time and place. consider the extent to which such proposed easement vacations affect existing easements within the area of. the proposed vacations and the tion, or municipality owning or controllixq clectric or telephonc poles 4. The Council shall . estcnt to which the vacations affect the authority of any person, corpora- I. ~ . L 111 16/81 and lines, gas and sewer lines, or water pipes, mains and hy under the area oE the proposed vacation, to continue maintai or to enter upon such easement areas or portion thereof vaca tain, repair, replace, remove or otherwise attend thereto, fl of specifying in any such vacation resolution, the extent to allof any such easements, and such authority to maintain, an upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CI' Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by, Elember Turne Rollcall : Ayes : Bredesen, Richards , Schmidt , Turner, Courtney Nays: None Resolution adopted. CLAIMS PAID. Motion of Member Bredesen was seconded by Member Scl ment of the following Claims as per Pre-List: General Fund,.$2,74: Fund, $4,497.55; Art Fund, $1,156.76; Golf Course, $47,608.84; Are] Gun Range, $2,352.20; Water Works, $2,359.49; Sewer Fund, $116,405 Fund, $60,974.34; Construction, $69,452.52; IBR Fund, $541,445.00; $3,595,889.31; and for confirmation of payment of the following cl: Fund, $50,642.17; Park Fund, $.50; Art Center, $65.32; Park Constri Swimming Pool, $14.15; Golf Course, $3,340.21; Arena, $183.83; Gun Water Fund, $1,060.66; Liquor Fund, $273,448.78; Construction, $37 rn m P- a e Q: #2, $339.00; Total, $366,752.86. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. No further business appearing, t$ek.Nayor declared the meeting adjoi Adjournmsnt at 8:40 p.m. c 297 snts on or .ig the same 3 to main- iich any or to enter the purpose COUNCIL idt for @ay- 146.35; Park , $6,145.41; i; Liquor )tal , *- is: General :ion, $9.14;. tnge, $153.02; b6.08; IBR led.