Loading...
HomeMy WebLinkAbout19830620_regularMINUTES OF THE REGULAR MEETING OF THE JUNE 20, 1983 EDINA CITY COUNCIL HELD AT CITY HALL Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. MINUTES of the Regular Meeting of May 16, 1983, and June 6, 1983, were approved as corrected by motion of Member Richards, seconded by Member Schmidt. I Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. RESOLUTIONS OF COMMENDATION ADOPTED. Mayor Courtney read the following resolutions I which were unanimously adopted: r- c) c=t a RESOLUTION OF CONGRATULATIONS EDINA HIGH SCHOOL BASEBALL TEAM WHEREAS., during the 1983 season, the Edina High School Baseball Team has compiled an enviable record of twenty-one wins and one loss, and WHEREAS, the Edina High School Baseball Team won the Lake Conference Championship, the Regio'n 6AA Championship, and are the State Baseball Champions, and WHEREAS, as representatives of the City of Edina, the members of the team conducted themselves in a honorable manner and exemplified the highest standards of athletic proficiency and good sportsmanship, and WHEREAS, success has come to them because of their commitment to the sport of baseball and the leadership of their Coaches and Student Managers; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, on behalf of the citizenry as a whole, that all members of the Edina High School Baseball Team be commended for their outstanding accomplishments; BE IT FURTHER RESOLVED that a copy of this resolution be entered in the Minutes Book of the Edina City Council and that appropriate copies be presented to the team: Pat Hurley, Brett Lamb, Pat Egan, Mark Hoffman, Carl Ramseth, Mike Halloran, Paul Kemble, Tim McGovern, Dan Carroll, Pat Finley, Brian Martinson, Tom Bjork, Doug Montgomery, Pat Donohue, Robert Wassenaar, Andy Venell, Rick Raether, Bob Head Coach Jim Luther, Assistant Coach Phil Finanger, Athletic Directors Byd Bjerken and Sara Lykken, Principal James L. Cabalka and Superintent Dr. Ralph Lieber. RESOLUTION OF COMMENDATION EDINA HIGH SCHOOL GIRLS' GOLF TEAM - . McGarry, Team Statistician Ted Cadwell, Student Managers Brian Hill and Jim Williams, WHEREAS, the Edina Girls' Golf Team has been undefeated in dual match competition, and WHEREAS, the Edina Girls' Golf Team won the Lake Conference Championship, the region 6AA Championship and are the State Champions, and WHEREAS, success in winning the Championship has been the result of their extra- ordinary ability, hours of practice and dedication to the sport; NOW, THEREFORE BE IT RESOLVED by the Edina City Council that sincere congratulations be extended to members of the team: Lynn Anderson, Julie Harrold, Kris Lindsay, Mary McGlone, Michelle Ewald, Jenny Ewald, and to their Coach Don Johnson, to Athletic Directors Bud Bjerken and Sara Lykken, to Principal James L. Cabalks and to Superintendent of Schools Dr. Ralph Lieber; BE IT FURTHER RESOLVED that a copy of this resolution be entered into the Minutes Book of the Edina City Council and that appropriate copies be given to members of the team. PUBLIC HEARING CONDUCTED ON. MARTH COURT IMPROVEMENT. presented by Clerk, approved as to form and ordered placed on file. due notice given, public hearing was conducted and action taken as hereinafter set forth : Affidavits of Notice were Pursuant to A. "PEB;C"U.i5iENT STREET SURFACING WITH CONCRETE CURB & GUTTER BA-254 IN THE FOLLOWING: Marth Court - Cul-de-sac to West 78th Street Mr. Rosland advised that this hearing is a re-confirmation of the public hearing held on May 17, 1982, and is required by State law because more than a year has elapsed, and that the delay was incurred because the developer had to acquire some right-of-way for .the improvement. Mr. Rosland presented total estimated construc- tion cost for Improvement No. BA-254 at $28,854.02, proposed to be assessed on a per asses,sable foot basis at an estimated cost of $31.10 per assessable foot. corner properties on W. 78th Street will be proposed to be assessed on a 1/3 basis as they paid full footage on the West 78th Street Improvement. be accomplished in 1983, with assessments levied in 1984 and with the initial installment due in 1985, proposed to be assessed over a 10 year period. appearing to be heard, Member Richards offered the following resolution and moved its adoption: The Construction will No one RESOLUTION ORDERING IMPROVEMENT PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER BA-254 BE IT RESOLVED by the City Council of the City of Edina, Minnesota that this Council 6 / 20/ 83 --- 16 heretofore caused notice of hearing to be duly published and mailed to owners of of each parcel within the area proposed to be assessed on the following proposed improvement: 1. CONSTRUCTION OF PERMANENT STREET SURFACING TJITH CONCRETE CURB AND GUTTER IMPROVE- MENT BA-254 IN THE FOLLOTJIPG: Marth Court - Cul-de-sac to West 78th Street and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent_ facts, does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as: and the area to be specially assessed therefore shall include Lot 1 and 2, Block 1, IJinsor Addition; Lot 1, Block 1, Warren Hansen Addition; Parcel 3700, Section 8, Township 1-16, R. 21 described as East 132 feet of S$ of S.1J.k of S.1J.k except road (to be known as Lots 1 thru 5, Block 1, Marthe Woods Hill Addition); and Parcel 4230, Sec. 8, T. 116, R. 21 described as the S. 148.6 ft. of N. 981.6 ft. of TJ. 224 ft. of S.E.k of S.1J.k subject to road. Motion for adoption of the resolution was seconded by Member Turner. PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. BA-254 Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. SECOND READING OF ORDINANCE NO. 811-A172 ("CHIP" GLASER) DENIED. Mr. Hughes advised that the ordinance for rezoning of the subject property, generally located South of Valley View Road, East of Washington Avenue and West of County Road 18, was offered for First Reading at the last Council meeting. The proponent is requesting the re- zoning from PID Planned Industrial District to C-1 Commercial District to allow the construction of a Dairy Queen restaurant on the site. several letters had been received that were favorable to the proposed project. Ogren, 7017 Sally Lane, advised that he had just learned of the project and that a quick survey had been taken in the neighborhood of the proposed project. Of the 31 households contacted, 28 were not in favor of the project. Mr. Ogren voiced several concerns: 1) the heavy concentration of traffic in the area at certain hours of the day, 2) concern for the safety of the children who would be attracted to the Dairy Queen, either by walking or biking to the location, and 3) that if the Dairy Queen - were permitted, it would invite other fast food businesses to locate in the immediate area. Robert Teese, 6705 Samuel Road, pointed out that it was never the intent of the City when that area was being developed to allow fast food industries, and that this project would generate more traffic in their neighborhood in addition to that now existing and would not serve the interest of the residents in ehe area. "Chip" Glaser, proponent, recalled that in his presentation at the last Council meeting he had addressed two of his concerns: 1) traffic safety and pedestrian safety, and 2) the commercial zoning issue. Regarding traffic/pedestrian safety, Mr. Glaser pointed out that there are existing sidewalks on both sides of Valley View Road going over the bridge which spans County Road 18, that the majority of traffic and that coming from the Braemar complex would be during the high visibility daylight hours. He proposed modifying the site plan to add a pedestrian access on the northeast comer of the site and proposed that crosswalks be put across the exit and entrance ramps onto County Road 18 from Valley View Road together with six "Caution-Pedestrian" signs placed at locations around the intersectiQn,'the'total-cost to be absorbed by the proponent. Mr. Glaser stated further that he would be willing to place $10,000 into an escrow account to be used at Council's discretion for a period of two years from the point of time that the restaurant. opens should Council deem additional pedes- trian safety requirements were necessary. With reference to the commercial zoning issue, Mr. Glaser commented that he had identified many present commercial type users in the industrial park and that the Dairy Queen restaurant would be a service com- mercial type use. the commitment to the community was that no retail commercial use would be allowed. He reiterated the facts that the site as presently zoned has very limited utility; that the restaurant design would be aesthetically pleasing and would be heavily landscaped; that the BRJ traffic study presented identified no adverse traffic Zmpacts; that the restaurant would provide 35 joEs. for people, and that many - people he had contacted were in tavor of the project. spoke in favor of the project and called Council's attention to the letter from Bert and Pat Jones, 6717 West Trail, who also stated they support the project as do many of their neighbors with whom they have talked. No one further appearing to be heard, Member Richards moved that Council deny Second Reading of the rezo-ning request from PID Planned Industrial District to C-1 Commercial District, for these reasons: 1) recommendation of the Community Development and Planning Commission and the Planning staff to deny the rezoning, 2) concern for pedestrian safety, 3) this would in effect be spot zoning, and 4) that a commitment had been made that there - Mayor Courtney stated that Gerald I D He stated it was his understanding that-the-original intention of - Jeff- Selleck, 7411 Kellogg Av., 17 Kt B) I\ c) 5 a would be no commercial development in Edina on the West side of County Road 18. Motion was seconded by Member Turner who reiterated her reasons as'the land use issue (spot zoning) and concern for pedestrian traffic safety. Rollcall : Ayes :. Motion carried.. Bredesen, Richards , Schmidt , Turner, Courtney FIRST READING OF ORDINANCE NO. 811-A173 (VERNON DEVELOPMENT CO.) GRANTED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition of Vernon Development Company for rezoning from R-2 Two Family Dwelling District to PRD-3 Planned Residential District for property generally located West of Cahill Road and South of Braemar Oaks Apartments. advised that the subject property measures approximately 3.6 acres in area and is bounded on the West by a parcel recently rezoned to PRD-3 for Gittleman Corporation, and on the South by Lewis Park. A preliminary site plan has been submitted which illustrates a 36-unit three story condominium building with 50 underbuilding parking stalls and 22 surface stalls to be provided which complies with the requirements of the Zoning Ordinance. development is 10.0 units per acre which compares with the Braemar Oaks Apartments which is 12 units per acre and the recently approved Gittleman project which is 9.25 units per acre. In staff's opinion the project appears to conform with the ordinance requirements as to setbacks, parking, building height, etc., is compatible in scale and design with the multi-family housing in the area, and conforms with the Comprehensive Plan. and believes the density should not exceed that of the Gittleman project, thus the project should be reduced to 33 units. The Community Development and Planning Com- mission reviewed the request and concurred that there should be a density reduction to 34 units based on the ability of the project to be adapted and recommended approval of the 34-unit plan conditioned upon an acceptable overall development plan and final platting. Bill Bale, president of Vernon Development Company, advised that the proposal is for a condominium building that would consist of one one-bedroom unit, 23 two-bedroom units, with the balance being three-bedroom units. The building would be located so as to disturb the natural setting as little as possible. The price range anticipated would be $89,000 for a two-bedroom unit, and $97,000 for a three-bedroom unit. With reference to the density issue, Mr. Bale pointed out that the proposed 10.0 units per acre is between that of Braemar Oaks and the Gittleman project, that a 33-foot easement runs between Braemar Oaks and the proposed site which should be taken into consideration, that across Cahill Road are existing warehouses with no residences, that it should be recognized that a nice building has been designed that fits the site, and that the more units per acre that are allowed the more reasonably priced the units can be. Turner regarding the easement referred to, Mr. Hughes stated it was not an easement but a strip of land owned by Gittleman Corporation and that it was credited to the Gittleman project in determining density. Braemar Oaks Apartments were developed prior to any analysis on density reduction which Council has made during the past few years. for the project as proposed for a 36-unit condominium building and moved First Reading of the rezoning ordinance. There being no second to the motion, Member Richards stated he felt the site was appropriate for multi-unit development and that he supports medium priced housing, but that the density should be reduced and thereupon offered Ordinance No. 811-A173 for First Reading as follows, with the cocdition that the project be reduced to 33 units as recommended by staff: He I Mr. Hughes pointed out that the proposed density for this Staff is concerned with the proposed density of the site I. In response to question of Member He advised Member Richards that the Member Schmidt voiced support ORDINANCE NO. 811-A173 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REZONING PROPERTY TO PRD-3 PLANNED RESIDENTIAL DISTRICT FROM R-2 MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 4 of Section 5 or Ordinance No. 811 of the City is amended "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged The East 331.95 feet of the South 524.9 feet of the North 554.9 feet of the Southwest Quarter of the Northeast Quarter of Section 8, Township 116, Range 21." Sec. 2.- This ordinance shall be in full force and effect upon its passage and by adding the following thereto: by the addition of the following property: publication. NORMANDALE BLUFF PRELIMINARY PLAT APPROVAL CONTINUED TO 7/11/83. the proponent, Duncan Wallace, Member'.s motion was seconded by Member Turner to As requested by continue the hearing on preliminary plat approval for Normandale Bluff to July 11, 1983. \ Ayes: Motion carried. .Bredesen, Richards, Schmidt, Turner, Courtney 6/20/83 GRACE CHURCH OF EDINA APPEAL FROM BOARD OF APPEALS & ADJUSTMENTS DECISION CONTINUED TO 7/11/83. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. a Board of Appeals decision had been continued to this meeting to allow adequate notice to be given, and that since the last meeting the City has received a petition from 25 of the surrounding property owners requesting the preparation of an Environ- mental Assessment Worksheet (EAFJ) for the Grace Church project. He further advised that Council is solely responsible for deciding whether or not an EATJ should be pre- pared, and that the only purpose of an EATJ is to determine whether or not an Environ- mental Impact Statement is needed. The decision must be made prior to Council action on the appeal for variance of Grace Church. Mr. Hughes pointed out that the Rules of the State's Environmental Review Program list "mandatory categories'' which automa- tically trigger an EAW as well as listing a number of activities which are exempt. If, after reviewing the petition, Council decides not to prepare an EATJ because the petition fails to demonstrate the project may have potential for significant environ- mental effedt or if the Council concludes that the project is exempt according to the Rules, a mitten record must be maintained, including findings of fact, concerning this decision. As an alternative, the Council may order the staff to prepare more formal findings for its consideration at the next Council meeting. spokesman for Grace Church, stated that the opinions he had been given is that this project would be exempt from environmental review, and expressed concern that dglay of the project is causing continual disruption for the neighhorhood that would not need to be. Bob Boettcher, 5241 Halifax Avenue, advised that the intent behind the petition for the EAW was for the total effect of the church growth on the neighbor- hood. prepare reasons and findings of fact to deny the petition requesting the prepara- tion of an Environmental As'sessment Worksheet for the Grace Church project, for the following reasons: 1) it appears that no items in the petition would trigger a man- datory EAW, 2) the project may be exempt from environmental review. The motion was - seconded by Member Bredesen. Mr. Hughes recalled that the appeal of Grace Church from Paul Sentman, Following further discussion, Member Turner moved that staff be directed to Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Member Turner's motion was seconded by Member Bredesen to continue the hearing on the Grace Church Appeal to July 11, 1983. l Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. TARGET STORES/YORKTOWN DEED RESTRICTION REQUEST REFERRED TO TRAFFIC SAFETY COMMITTEE. Mr. Hughes recalled that Council had considered the request of Target Stores/York- town for release of certain deed restrictions and amendment of grant-of easement for Lot 1, Block 2, Yorktown, at its meeting of April 18, 1983. Those restrictions re- quired setbacks of parking areas and driveways and limited curb cuts for the Target Stores. tions to permit parking on the south side provided that they would present a more definite plan as to the needs of future tenants for re-use of the vacated Applebaum space. on the south side of the building, removal of the parcel pick-up area, and the reloca- tion of the curb cut and advised that staff would recommend release of the deed re- strictions and amendment of grant of easement, subject to preparation of legal documents by the City Attorney. Member Bredesen questioned whether releasing the deed restriction would allow Target Stores in the future to request a parking variance from the Zoning Ordinance, and Mr. Hughes reponded that they would have to seek a parking variance if they should decide to change the parking as proposed. recalled that staff had been concerned about the relocation of the curb cut because it would reduce the.site distance for traffic'exiting onto Hazelton Road. Hember Schedt to refer the matter to the Traffic Safety Committee for review regarding relocation of the curb cut and in relation to traffic ingress and egress from the Yorktown shopping area, was seconded by Member Richards. At the April meeting Council had agreed in concept to lifting those restric- Mr. Hughes presented a schematic illustrating the proposed changes in parking Member Schmidt M6tinn.of 1 Ayes: Richards, Schmidt, Courtney Nays : Bredesen Abstained: Turner Motion carried. It was noted that the next Traffic Safety Committee meeting would be July 12, 1983, and that the report of the Committee would be brought back to Council on July 18, 1983. .CONCERN REGARDING NORMANDALE BLUFF PRELIMINARY PLAT VOICED. Avenue, stated he felt that the proponent for Normandale Bluff plat had no right to request a continuance of the matter without providing a reason, inasmuch as Council had taken action at the last meeting to request the staff to prepare Findings, Decisions and Reasons, reflecting Council's viewpoint for a two lot subdivision, and to present those Findings at the June 20, 1983, Council meeting. Attorney Erickson Robert Price, 6412 Rolf 6120183 19 responded that the Council action was a continuation of the hearing and that the Findings, Decisions and Reasons that were prepared by staff are public documents available to anyone. is given the ability to respond to the Findings, as has been Council's practice in the past for this kind of request. No action was taken. Further,.that Duncan Wallace is the proponent and therefore BID AWARDED FOR STREET IMPROVEMENT NO. BA-254 & BA-260 (CONTRACT 1183-4). Mr. ROS- land presented showing Asphalt Paving Materials, Inc. low bidder at $98,678.00; Midwest Paving, Inc. at $98,944.75; Lund Asphalt Construction at $104,058.00; Bury & Carlson, InC. at $110,850.00; Bituminous Roadways, Inc. at $111,068.30; Valley Paving, Inc. at $112,173.75; Northwest Asphalt, Inc. $116,703.00; Hardrives, Inc. at $117,844.25; Victor Carlson & Sons, Inc. at $118,235.50; Alexander Construction Co. at $118,680.60 and Barber Construction at $131,223.50, against Engineer's estimate of $129,382.50. to recommended low bidder, Asphalt Paving Materials, Inc. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. tabfilation. of bids for Street Improvements Nos. BA-254 and BA-260 Member Schmidt's motion was seconded by Member Bredesen for award I d= cn p. 0 5 m TRAFFIC SAFETY COMMITTEE MINUTES OF JUNE 14, 1983, REVIEWED. Member Bredesen's motion was seconded by Member Richards to approve the following ,recommendations of the Traffic Safety Committee: 1) Removal of the "NO PARKING" signs in the 6100 block of Kellogg Avenue, 2) That the "Signal Your Turn" sign on westbound Braemar Boulevard at the east golf course entrance be changed to "Left Turn Must Yield"; and also acceptance of Section B and acknowledgement of Section C of the Minutes of June 14, 1983. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. I COUNCIL MINUTES OF 10/18/82 AND 5/9/83 CORRECTED. Council's attention was called to errors in Minutes of October 18, 1982, and May 9, 1983. Member Schmidt's motion was seconded by Member Turner authorizing the following corrections: October 18, 1982 - As to HC-7 Sanitary Sewer House Connection: "BE IT RESOLVED that the Edina City Council does hereby authorize the assessment of the connection charge for Sanitary Sewer Connection No. HC-82-7 in the in the amount of $2,585.00 be levied against Lot 10 , Auditor's Subdivision 176 (PINS 1128-117-21-21-0016) over a six year period at 7% interest'! May 9, 1983 - As to Site Inspections Conducted: "proceeded to an on-site inspection of a requested variance at 5980 Pine Grove Road. Pine Grove Road to view the property of Dr. Paul Carson . . . * A visit then was made to 6001 I I1 Ayes : Bredesen, Richards , Schmidt , Turner, Courtney Motion carried. c MECS ENERGY AUDITS DISCUSSED. Mr. Rosland advised that he had met with represen- tatives of the Minnesota Energy Conservation Service and South Hennepin Human Services Council regarding the home energy audits being promoted by the Minnesota Department of Energy, Planning and Development (DEPD) who is working with.four major metropolitan utilities to provide the audits at a one-time cost of $10.00. The DEPD is asking that the home energy audits be promoted by community organi- zations or local units of government and will make available MECS promotional grants. to work with the City staff and organizations in this promotion effort. Richard's motion was seconded by Member Turner, to instruct City staff to publicize the MECS Energy Audits through the City Newsletter and/or community organizations at a nominal cost to bring this to the attention of the citizenry. Mr. Rosland added that South Hennepin Human Services Council is willing Member Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. ' KLEIN VS. CITY OF EDINA SETTLEMENT AUTHORIZED. Mr. Rosland recalled that Council, at its meeting of May 16, 1983, had authorized the signing for Defendant of the Stipulation for settlement of the Klein vs. City of Edina lawsuit on the condition that the setback requirement as provided in Exhibit B be changed to 50 feet. stated that the two neighbors involved in the lawsuit, Darrell H. Boyd and Richard Emmerich, have not signed at this point, but that the City must now, according to the terms of the Stipulation, grant the lot division and petition for Variance as requested by Robert B. Klein. resolution and moved its adoption: He Thereupon Member Schmidt offered the following RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 12, Block l,-Holand's 1st Addition; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : 6/20/83 -. 20 The Lot WHEREAS, ance No. No. 811, WHEREAS, East 17 feet of Lot 12, Block 1, Holand's 1st Addition; and 12, Block 1, Holand's 1st Addition except the East 17 feet thereof; and Robert B. Klein has petitioned for a variance from Section 3(a) of Ordin- 801, which required that subdivisions comply with the provisions of Ordinance the Zoning Ordinance, and said variance would permit the creation of a lot measuring 17 feet in width which does not comply with the requirements of the Zoning Ordinance; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that conveyance and ownership of said Parcels as separate tracts of land is hereby approved 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. BE IT FURTHER RESOLVED that the Petition for Variance of Robert B. Klein is hereby granted subject to the following conditions: I - 1. 2. 3. 4. 5. 6. Mot CONDITIONS AND RESTRICTIONS Setbacks. be at least 50 feet. walls. Drainage. Claredon Drive rather than onto adjacent properties. plan by the City Engineer will be required prior to issuance of any building permit, which shall not unreasonably be withheld. The setback for any building from the east and south lot lines must This setback does not apply to the driveway and retaining All drainage from the driveway must be directed down the driveway to Approval of the drainage Retaining Walls. ing walls will be subject to building permits which shall not unreasonably be Any slop exceeding a 2:l ratio must be retained and all retain- withheld. Landscaping. and maintained in healehy condition at 15-foot intervals to screen Mr. Boyd's swimming pool and Mr. Emerich's house. when planted. 1 Guard Rail. Robert B. Klein on the street right-of-way on the south side of Claredon Drive opposite the driveway. shall be subject to the prior approval of the City, which shall not unreasonably be withheld. A row of coniferous trees, such as- Spruce trees, must be planted The trees must be 5-6 feet in height A guard rail must be purchased and installed at the expense of The kind, quality and installation of the guard rail I Expiration. hereof and, if a building permit for a single-family dwelling has not been issued within said 2-year period, this Variance shall become null and void. This Variance shall be valid for a period of 2 years from the date ion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Nays : Richards . Resolution adopted. EDTNA SCHOOLS REPORT DISCUSSED IN CONNECTION WITH CITY'S LONG RANGE PLANNING. Member Bredesen commended the report of the Edina Public Schools on Strategic Issues and stated that he hoped that the Long Range Planning process which Council and staff is involved in would result in a. similar annual review of the objectiveszand-key issues of the Council for the City, together with an evaluation of the performance.of-.the City Manager against those objectives. No action was taken. VARIOUS EVENTS ANNOUNCED. Arena, and Thomas Erickson, City Attorney, had successfully completed Grandma's Race in Duluth and commended them. 1) Arneson Acres Park Dedication on June 22 at 7:OO p.m. , 2) Long Range Planning meeting on June 27 at 7:OO p.m., 3) Legislators/Councilmeeting on July 7, at . 7:30 a.m., and 4) the next Council Meeting on July 11. Mr. Rosland indicated that Mary Forsythe, Representative, would not be able to attend the meeting on July 7. It was informally agreed that the Legislators/Council meeting should be rescheduled for a time when Mrs. Forsythe could attend. TAXICAB LICENSE APPLICATION DISCUSSED. Mr. Rosland advised an application for the licensing of 55 taxicabs had been received from Airport & Airline Taxicab Corporation and that their taxicab drivers are licensed by the Minneapolis-St. Paul Metropolitan Airports Commission. drivers must be licensed by the City of Edina or by any of the following municipali- ties: Richfield, Bloomington, Hopkins, St. Louis Park or Golden Valley. Mr. Rosland recommended that the ordinance be amended to include drivers licensed by the Minnea- polis-St. Paul Metropolitan Airports Commission. Member Bredesen suggested that the City of Minneapolis be included and moved that an ordinance amendment be drafted to include the Minneapolis-St. Paul Metropolitan Airports Commission and the City of Minneapolis for licensing of taxicab drivers. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Mr. Rosland announced that Larry Thayer, Manager of Braemar He then called Council's attention to the following: He pointed out that the City ordinance provides that taxicab Motion was seconded by Member Turner. 6/20/83 21 ORDINANCE'NO. 1116 GRANTING GAS FRANCHISE TO MINNEGASCO ADOPTED. As recommended by Mr. Rosland, Member Turner offered Ordinance No. 1116 for Second Reading and moved its adoption as follows: ORDINANCE NO. 1116 AN ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS.AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF EDINA, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND . CONDITIONS THEREOF. THE CITY COUNCIL OF EDINA ORDAINS: 1.1. Company. Minnegasco, Inc., a Minnesota corporation, its SECTION 1. DEFINITIONS. The following terms shall mean: l Tf m 0 r m a successors and assigns. and manufactured gas or other forms of gas energy. 1.2. - Gas. Natural gas, manufactured'gas, mixture of natural gas 1.3. Municipality, Municipal Council, Municipal Clerk. These terms mean respectively, the City of Edina, the Council of the City of Edina and the Clerk of the City of Edina. easements and public grounds of the Municipality as to which it has the right to grant the use to the Company. SECTION 2. FRANCHISE GENERALLY. from the effective date hereof through June 30, 2003, the right to import, manufacture, transport, distribute and sell gas for public and private use in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the Municipality, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other applicable ordinances, permit procedures, customary practices, and the provisions of this franchise. be in force and effect from and after its passage and publication as required by law, and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. 1.4. Public Ground. All streets, alleys, public ways, utility 2.1. Grant of Franchise. There is hereby granted to the Company, 2.2. Effective Date; Written Acceptance. This franchise shall 2.3. Nonexclusive Franchise. This is not an exclusive franchise. 2.4. Franchise Fee. The Company may be required to pay to the Municipality, in the manner and at a rate prescribed by a separate . ordinance, a fee determined by collections from sales of Gas, but not to exceed 5% of the Company's gross revenues from the sale of Gas within the Municipality. Such ordinance may be adopted, amended, repealed or readopted at any time during the term of this franchise. required, shall be effective 90 days after written notice of the ordinance to the Company. No such fee shall be effective as to sales made before January 1, 1984. The fee shall be separately stated on gas bills rendered to customers within the Municipality. 2.5. Publication Expense. The expense of publicatfon of :this ordinance shall-be paid by the Company. 2.6. Default. If the Company is in default in the performance of any material part of this franchise for more than 90 days after receiving written - notice from the Municipality of such default, the Municipal Council may, by ordinance, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the basis therefor. Such notice shall be served on the Company by personally delivering it to an officer thereof at its principal place of business in Minnesota. If the Company is in default as to any part of this franchise, the Muni- cipality may, after reasonable notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reimburse the Municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from challenging the Muni- cipality's claim that a default has occurred. In the event of a disagreement over the existence of a default, the burden of proving the default shall be on the Municipality. SECTION 3. CCNDITIONS OF USE. Company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, The fee, if .- 3.1. Use of Public Ground. All utility facilities and equipment of the 6120183 travel, and use of public ground, and shall be subject to permit conditions of the Municipality. spection by the Municipality, and the Company agrees to make its facilities and equipment available for inspection at all reasonable times and places. of any public ground for any purpose without first having obtained a permit from the Municipality, for which the Municipalitgmay impose a reasonable fee to be paid by the Company. The permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facil- ities or work. The mains, services and other property placed pursuant to such permit s6all be located- as shall be designated by the Municipality. The Company may, however, open and disturb the surface of any public ground without a permit where an emergency exists requiring the immediate re- pair of its facilities. The Company in such event shall request a permit not later than the second working day thereafter. Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reason- able-care to maintain the same for two years thereafter in good condition. Said work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in good condition, the Municipality shall have the right to put it in good condition at the expense of the Company; and the Company shall, upon demand, pay to the Municipality the cost of such work done for or performed by the Municipality, including its administrative expense and overhead, together with ten percent additional as liquidated damages. available to the Municipality. The permit conditions may provide for the right of in- 3.2. Permit Required. The Company shall not open or disturb the surface I . 3.3. This' remedy shall be in addition to any other remedy 1 3.4. Relocation of Utility Facilities. The Company shall promptly, with due regard for seasonal working conditions, permanently relocate its facilities or equipment whenever the Municipality orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regarding, changing the location or shape of or otherwise improving any Public Ground or constructing or reconstructing any sewer or water system therein, the relocation shall be at the expense of the Company. If the relocation is.not a result of the proper exercise of the police power, the relocation shall be at the expense of the Municipality. If such relocation is done without an agree- ment first being made as to who shall pay the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the Municipality within thirty days after receipt of such order. the Company reasonable notice of plans requiring such relocation. and replace its mains or to cut and reconnect its service pipe running from the main to a customer's premises at its own expense where the removal and replace- ment or cutting and reconnecting is made for the purpose of a more expeditious operation for the construction or reconstruction-of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the Company's facilities while performing any work in any Public Ground. Ground shall not operate to deprive the Company of the right to operate and maintain its facilities therein. need not relocate until the reasonable cost of relocating and the loss and expense resulting from such relocation are first paid to the Company. vacation is for the benefit of the Municipality in the furtherance of a public purpose, the Company shall relocate at its own expense. The Municipality shall give -Nothing contained in this subsection shall require the Company to remove ~ 3.5. Relocation When Public Ground Vacated. The vacation of any Public Unless ordered under Section 3.4, the Company When the 3.6. Street Improvements, Paving or Resurfacing. The Municipality shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the Municipality will start the work, and, if more than one street is involved, the order in which this work is to proceed. The notice shall be given to the Company a sufficient length of time, considering seasonable work- ing conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities the Company deems necessary. has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resur- facing of such streets, and the Company's main is located under such street, The notice In cases where streets are at final width and grade, and the Municipality / 6120183 23 the Company may be required to install gas service connections prior to such paving or resurfacing, whenever it is apparent that gas service will be re- quired during the five years following the paving or resurfacing. SECTION 4. The Company shall indemnify, keep and hold the Municipality, its elected officials, officers, employees and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, 'under, or across the public ground of the Municipality unless such injury or damage is the result of the negligence of the Municipality, its elected offi- cials, employees, officers, ur agents. The Municipality shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. cumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the Municipality if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not The Company shall have complete control of such claim or action, but it may not settle without the consent of the Municipality, which shall not be unreasonably withheld. INDEMNIFICATION. If a claim or action shall be brought against the Municipality under cir- I . prejudiced by lack of such notice. This section is not, Q: as to third parties, a waiver of any defense or immunity otherwise available to the Municipality, and the Company in defending any action on behalf of the Municipality shall be entitled to assert every defense or immunity that the Municipality could assert in its own behalf. SECTION 5. ASSIGNMENT. The Company, upon noti,ce to the Municipality, shall have the right and auchority to assign all rights conferred upon it by this franchise to any person. assignment, shall become subject to the terms and provisions of this franchise. - SECTION 6. ment of the Municipality shall not affect the validity of this franchise. Any governmental unit succeeding the Municipality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality provided in this franchise. SECTION 7. If any portion' of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. SECTION 8. NOTICES. Any notice required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Minnegasco, Inc., attention Vice President, Minnesota Operations, 201 South Seventh Street, Minneapolis, Minnesota 55402, and in the case of the Municipality, it is de- livered to City of Edina, attention City Manager, 4801 West 50th Street, Edina, Minnesota 55424. previous franchises granted to the Company or its predecessors. The assignee of such rights, by accepting such CHANGE IN FORM OF GOVERNMENT. Any change in the form of govern- SEVERABILITY. - SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. This franchise supercedes all Motion for adoption of the ordinance was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. ATTEST : '371/ld...Rc,t 3%. 6L.L City Clerk ORDINANCE NO. 1213 PROVIDING FOR SPECIAL ASSESSMENTS ADOPTED. As recommended by Mr. Rosland, Member Schmidt offered Ordinance No. 1213 for Second Reading and * moved its adoption as follows: ORDINANCE NO. 1213 AN ORDINANCE PROVIDING FOR THE REMOVAL OF SNOW, ICE AND RUBBISH FROM PUBLIC SIDEWALKS AND STREETS AND PUBLIC PARKING FACILITIES, WEED ELIMINATION FROM PUBLIC STREETS AND SIDEWALKS AND OTHER PUBLIC OR PRIVATE PROPERTY, REMOVAL AND ELIMINATION OF PUBLIC HEALTH AND SAFETY HAZARDS FROM PRIVATE PROPERTY, INSTALLATION AND REPAIR OF WATER SERVICE LINES, PUBLIC STREET SPRINKLING AND OTHER DUST TREATMENT OF PUBLIC STREETS OR ALLEYS, TRIMMING AND CARE OF TREES, REMOVAL OF 'UNSOUND TREES FROM PUBLIC RIGHTS-OF-WAY , BOULEVARDS OR SIDEWALKS, TREATMENT AND REMOVAL OF INSECT INFESTED OR DISEASED TREES ON PRIVATE PROPERTY, REPAIR OF PUBLIC SIDEWALKS AND ALLEYS, OPERATION OF A LIGHTING SYSTEM FOR PUBLIC STREETS, SIDEWALKS OR PARKING FACILITIES, AND OPERATION OF PUBLIC PARKING FACILITIES, PUBLIC PARKS AND RELATED FACILITIES; PROVIDING FOR THE I 6/20/83 _.._ ~- 24 I i COLLECTION OF THE COST OF SUCH WORK AS A SPECIAL ASSESSMENT AGAINST PROPERTY BENEFITTED. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section I. Nanager May Order Certain Work Done. Pursuant to Chapter 59, Minnesota Laws of 1983, the City Manager may from time to time order the following items of work to be done: - Removal of snow, ice and rubbish, including litter, from public sidewalks and streets and public parking facilities; Elimination of weeds, including aquatic weeds, from public streets and sidewalks and other public or private property; Removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Section 463.15 to 463.26 of the Minnesota Statutes; InstaLlation and repair of water service lines; Sweeping, oiling, sprinkling or other dust treatment of public streets or alleys, including incidental maintenance work; Trimming and care of trees and the removal of unsound trees within public rights-of -way , boulevards or sidewalks ; Treatment and removal of insect infested or diseased trees on private property; Repair of public sidewalks and alleys; Operation, including maintenance and repair, of lighting systems for public streets, sidewalks or parking facilities; and; Operation, including maintenance and’repair, of public parking facilities, public parks and related facilities. ~. I- me order shall state the location and type of work to be done. Manager shall transmit a copy of such order to the Director of Public Works and Engineering, or in the case of trimming, care or removal Of trees to the City Forester. or City Forester shall then have such work done by directly purchasing the necessary materials and employing day labor, or by entering into contracts for such work with private parties. other treatment of a street which is divided down the center line thereof between the City and a neighboring municipality, the work may be done and . the cost apportioned.as may be provided by a cooperative agreement with the neighboring municipality. Engineering or the City Forester shall keep records of and report to the City Clerk the actual cost of such work, and, in the case of costs to be charged prior to the incurrence thereof pursuant to Section 3 hereof, the estimated cost of such work. In either case, such records and reports shall include the cost of all such work done or to be done on any streets or portions thereof situated beyond the City boundaries pursuant to a cooperative agreement with a neighboring municipality. Sec. 3. Collection Before Levy as a Special Assessment. All costs incurred or to be incurred for such work, or such portion thereof as the Council by resolution from time to time shall determine to charge pursuant hereto, shall be charged with such frequency as the Council by resolution from time to time shall determine, to each owner of each separate lot or parcel of land benefitted by such work, in proportion to izhe benefits conferred upon such lots or parcels. If any charge is made for a cost to be incurred and, based upon subsequent actual costs, is found to be excessive, subsequent charges shall be reduced by such excess, and, if deficient, subsequent charges shall be increased by such deficiency. shall be levied as a special assessment against the lot or parcel of land benefitted. against detached, single-family housing for the operation, maintenance or repair of public parks and related facilities. Levy of Assessment. year, the City Clerk shall prepare an assessment roll assessing all costs of such work reported to him against each separate lot or parcel of land benefitted by such work, in proportion to the benefits conferred upon such lots or parcels, subject, however, to the provision in Section 3 hereof. In the case of such work done pursuant to a cooperative agreement as set forth in Section 1 hereof, the cost of the work done by the City shall be spread against all lots or parcels of land abutting on the City side of the streets covered by the cooperative agreement. Council shall thereupon examine such assessment roll submitted by the City Clerk, and if satisfactory, shall call a public hearing and levy special assessments for such work in accordance with Minnesota Statutes, The The Director of Public Works and Engineering In the case of oiling or Sec. 2. Record of Cost. The Director of Public Works and Any charge not paid in full by September 10 of each year Provided, that such charges shall not be made or levied Sec. 4. On or before September 15 of each The 6 120183 ? 25 Section 429.061. All such special assessments shall be payable in a single installment, or such additional annual installments not to exceed the maximum number allowed by law, as may be fixed by the resolution approving the special assessments, with interest thereon at the rate fixed in the resolution approving the special assessments, but not to exceed the highest rate allowed by law. authorized by this ordinance are in addition to any other methods or remedies available-to City by state statute or City ordinance. upon its passage and publication. Sec. 5. Other Ordinances and Remedies. The methods and remedies Sec. 6. This ordinance shall be in full force and effect immediately Motion for adoption of the ordinance was seconded by Member Turner. 'Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. City Clerk ORDINANCE NO. 171-A10 TO CORRECT FEE FOR OUTDOOR POOL LICENSE ADOPTED; SECOND WADING WAIVED. Ordinance No. 171-A10 and moved its adoption, .waiving Second Reading.as follows: Upon recommendation by Mr. Rosland, Member Schmidt offered ORDINANCE NO. 171-A10 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO CORRECT FEE FOR OUTDOOR POOL LICENSE 1 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: to Ordinance No. 171 is hereby amended to read as follows: ORD. SEC. NO. NO. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. 434 27(f) Public or semi-public swimming $95.00 per annum for 17b pool license each outdoor pool Section 1. The amount of the following described Fee Number of Schedule A -- Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. ATTEST : For City Clerk ORDINANCE NO. 1031-A2 ADDING TO NUISANCE DEFINITION ADOPTED; SECOND READING WAIVED. As recommended by Mr. Rosland, Member Schmidt offered Ordinance No. 1031-A2 and moved its adoption, waiving Second Reading as follows: ORDINANCE NO. 1031-A2 AN ORDINANCE MNDING THE DEFINITION OF NUISANCES BY ADDING PORTABLE STRUCTURES AND SHEDS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 4 of Ordinance No. 1031 is hereby amended by adding paragraph (n) as follows: or temporary structure, shed, or shelter within the required front street setback or side street setback or closer than five feet from the rear lot line or inter- ior lot line. " Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. Section 1. "(n) The placement or storage in any residential district of any portable This ordinance shall be in full force and effect upon its passage Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. ATTEST : 31LLe$et3. L!LtdL City Clerk 6120183 ..._ -- 26 HEARING DATE SET FOR PUBLIC IMPROVEMENT. Turner offered the following resolution and moved its adoption: As recommended by tfr. Hoffman, Member RESOLUTION PROVIDING FOR PUBLIC HEARING ON ORNAMENTAL STREET LIGHTING IbPROVENENT NO. P-L-24 1. the feasibility of the proposed improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, July 11, 1983, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDIXA 4801 I?. 50TH STREET EDINA, EfINNESOTA 55424 NOTICE OF PUBLIC HEARING The City Engineer, having submitted to the Council a preliminary report as to I The City Clerk is hereby authorized and directed to cause notice of the time, OmAM?INTAL STREET LIGHTING ItlPROYUENT NO. P-L-24 The Edina City Council.wil1 meet at the Edina City Hall, Monday, July 11, 1983 at 7:OO PX., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by the City as set forth below: . COMANCHE COURT ESTIMATED COST . $423.36 I . The area proposed to be assessed for the cost of improvement L-24 include: Lots 3 thru 6, and Lots 12 thru 15, Block 1; Iroquois Hills Third Addition. Marcella Daehn - City Clerk Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. BIDS TO BE TAKEN FOR STREET IMPROVEMENT BA-259. Member Schmidt offered the following resolution and moved its adoption: As recommended by Mr. Hoffman, RESOLUTION APPROVING PLANS AND SPECIFICATIONS DIRECTING ADVERTISEMENT FOR BIDS PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER/SIDEWALK FOR PROPOSED IMPROVEMENT AND IMPROVEMENT BA-259 . BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. 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: The plans and specifications for the proposed-improvement set forth in the ~ (Official Publication) CITY OF EDINA 4801 TJ. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS CONTRACT f83-5 (ENG) BITUMINOUS STREET SURFACING AND CONCRETE CURB AND GUTTER . ~~ S.A.P. 120-161-01 ' BIDS CLOSE JULY 28, 1983 SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 I?. 50th Street at 11:OO a.m., Thursday, July 28, 1983. The Edina City Council will meet at 7:OO p.m., Monday, August 1, 1983 to consider said bids. 6 / 20/83' 6120 6250 7100 1828 1 2475 29800 13000 111 27580 C/Y, Excavation C/Y, Common Borrow Tons, 2332 Bituminous Tons, 2341 Bituminous Remove Bridge L/F, Storm Sewer 12"-24" S/F, '4" Concrete Sidewalk L/F, B6-18 Curb and Gutter F & I Trees S/Y, Sod 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 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. either through the mail or by personal submission, after the time set for . receiving them may be returned unopened. Bids received by the City Engineer, Work must be done as described in plans and specifications on file in the office of the City Clerk. deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. unless sealed and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. The City Council reserves the right to reject any or all bids. Plans and specifications are available for a No bids will be considered BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. CLAIMS PAID. of the following Claims as pe'r Pre-List: $23,893.19; Art Center $2,601.36; Park Construction $5.58; Swimming Pool $3,501.38; Golf Course $12,638.90; Arena $7,552.60; Gun Range $875.15; Water Fund $25,947.67; Sewer Fund $154,094.50; Liquor Fund $108,724.64; Construction Fund $104,075.39; IBR#1 $4.00; Total $645,638.11; and for Confirmation of payment of the following Claims: Pool $51.45; Golf Course $3,885.51; Arena $211.62; Gun Range $22.65; Water Fund $1,443.91; Liquor Fund $307,377.27; Total $364,114.44. There being no further business, the Mayor declared the meeting adjourned at 9:07 p.m. Motion of Member Bredesen was seconded by Member Turner for payment General Fund $201,723.75; Park Fund General Fund $48,380.28; Park Fund $2,669.21; Art Center $72.54; Swimming City Clerk