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HomeMy WebLinkAbout19830815_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL AUGUST 15, 1983 -. Answering rollcall were Members Bredesen, Richards, Turner and Mayor Courtney. CONSTITUTION WEEK PROCLAIMED. was unanimously approved: PROCLAMATION WHEREAS, it is the privilege and duty of the American People to commemorate the one hundred ninety sixth anniversary of the adoption of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation, by the Presi- dent of the United States of America, designating September 17 through 23 of each year as Constitution Week; NOW, THEREFORE, I, C. WAYNE COURTNEY, by virtue of the authority vested in me as Mayor of the City of Edina, do hereby proclaim the week of September 17 through 23 as and urge all citizens to study the Constitution, to express gratitude for the privi- lege of American citizenship in our Republic functioning under the superb body of laws - the Constitution of the United States of America. Mayor Courtney read the following proclamation which I- CONSTITUTION WEEK MINUTES of the Regular Meeting of August 1, 1983, were approved as submitted by motion of Member Bredesen, seconded by Member Turner. Ayes: Bredesen, Richards, Turner, Courtney Motion carried. VERNON DEVELOPMENT COMPANY REZONING TO PRD-3 (ORDINANCE NO. 811-Al73) GRANTED; OHIO BUCKEYE CONDOMINIUMS PRELIMINARY PLAT APPROVED. by-Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that Vernon Development Company had petitioned 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 to allow construction of a 36-unit three story condominium building. At the June 20, 1983, meeting, Council had granted First Reading of the rezoning ordinance with the condition that the project be reduced to 33 units. He advised that the proponents have now submitted an overall development plan for the project illustrating 33 units and are requesting final rezoning approval A preliminary plat has also been submitted for approval. The plans were reviewed by the Community Development and Planning Commission who recommended final rezoning and preliminary plat approval with these modifications: 1) that the amount of landscaping on the site be increased with clarification as to the size classification of same, and 2) that a land dedication be requested for the subdivision dedication along the south- erly boundary which would beneficia1ly expand and square off the north boundary line the przvate road easement for the Gittleman Corporation project northerly on the site. He pointed out that the subdivision dedication would be determined at the time of final plat approval. private road easement for the Gittleman project, Bill Bale of Vernon Development Company stated that it would not adversely affect their project. property is lower at that end and they intended to berm along that roadway as well as plant trees along it. nance No. 811-A173 for Second Reading and moved its adoption subject to modification of the landscaping plans and subdivision dedication as follows: Affidavits of Notice were presented I of William Wardwell Lewis Park. Mr. Hughes noted that it would also permit shifeing -I In response to question of Member Turner.regarding shifting the He noted that the No further comments being heard, Member Turner offered Ordi- r 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 of 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. I by adding the following thereto: by the addition of the following property: This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Nays : I None Ordinance adopted . - ATT ST: 4cc&%- L!UL City Clerk 8/15 / 83 55 Member Turner then offered the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY PUT APPROVAL FOR OHIO BUCKEYE CONDOMINIUMS BE IT RESOLVED by the Edina City Council that that certain plat known as "Ohio Buckeye Condominiums" , platted by Vernon Development Company, and presented for preliminary plat approval at the Edina City Council Meeting of August 15, 1983, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Nays: None Resolution adopted. AMENDMENT TO THE ZONING ORDINANCE TO PERMIT INDOOR SOCCER ARENAS IN PID DISTRICT CONTINUED TO NEXT MEETING. As requested by the proponents, Member Bredesen's motion was seconded by.Member Turner to continue the hearing on the amendment to the zoning ordinance to permit indoor soccer arenas as a principal use in the Planned Industrial District to the next Council Meeting. Ayes: Bredesen, Richards, Turner, Courtney Nays: None Motion carried. AMENDMENT TO THE ZONING ORDINANCE TO PERMIT ACCESSORY APARWNTS AS A CONDITIONAL USE IN THE R-1 SINGLE FAMILY DISTRICT DISCUSSED: ISSUE CONTINUED. Affidavits of Notice were presented'by Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that this item was continued from the July 18, 1983, meeting at which time Council had directed staffeand the City Attorney to prepare a draft ordinance amendment that would provide for a Conditional Use Permit process for accessory dwelling units in the R-1 District for certain locations within the City. He advised that the draft ordinance amendment had been prepared for Council's con- sideration in connection with the request of John Victorsen for an accessory apart- ment at 4544 France Avenue and that the ordinance amendment would have to be adopted before the proponent's request could be heard. of a Conditional Use Permit prior to the establishment of an accessory dwelling unit. and Council could not approve a Conditional Use Permit unless it found that the criteria as stated in the ordinance had been met. ordinance amendment, Mr. Hughes pointed out that the first five standards which would have to be met are those normally found in a Conditional Use Permit and the remainder would have to be specifically addressed for the grant of a permit for an accessory dwelling unit. As recommended by staff, included were: a) that one of the dwelling units must be owner occupied, and b) that only dwellings built prior to October 22, 1951, are eligible for a Conditional Use Permit. Member Turner commented that she would like to see Council discuss the philosophy behind acces- sory apartments and would also like to see included in the amendment a statement - of that philosophy or purpose so that it would be clear for future Councils Attorney Erickson stated that a statement of purpose could be included in the final draft. Member Turner also stressed the importance of owner occupancy of one of the units and asked if that issue had ever been challenged in court. replied that he was not aware that it had been, but opined that it should be defen- sible as the theory behind accessory apartments is to allow people, who find that maintaining a household is a financial burden, a means to provide some income to alleviate that burden. would flow with the property if it were sold, and that the draft ordinance amend- ment states that the principal dwelling unit or 'the accessory dwelling unit must be the legal domicile of the owner o! the principal use building. would allow the owner to be gone temporarily and to rent out both units, as the term "legal domicile" is indeterminate and a question of intent. pointed out that granting a Conditional Use Permit is a subjective process and would require judicial action by Council. Member Richards raised the question that, by responding to a request for an isolated property, the zoning ordinance amendment would be creating a R-2 District use in the R-1 District. Member Brede- sen stated he felt that the concept of accessory apartments in the R-1 District was not a good trend and if it were to be allowed it should not just be restricted to certain areas in the community. Member Turner recalled that the Housing Chapter in the Comprehensive Plan identified two basic needs: 1) to protect the existing housing stock and, 2) to develop some policies that would widen the housing choices for residents. France Avenue as well as other areas in the City that might be appropriate for higher density housing and that accessory apartments would address the issue of offering choices for affordable housing. indicate smaller size households, that there seems to be a need for small rental housing opportunities, and that the accessory apartment concept may be one way of carrying out the needs identified in the Comprehensive Plan. The amendment requires the grant Such a permit would be considered in a manner similar to a rezoning petition With reference to the draft .Mr. Erickson He clarified further that the owner occupancy provision This standard Mr. Erickson also * The Land Use Plan that was developed identified some areas on Mrs. Turner added that recent demographics Member Bredesen 8/ 15 / 83 stated that he supports the idea of finding housing alternatives, but cautioned that it should not be to the detriment of single family homes in certain areas of the City and that we need to be sensitive to the impact on surrounding properties. With reference to East Coast communities who have adopted amendments to their zoning ordinance to allow accessory housing, Member Turner asked if any data is available as to the impact on surrounding single family homes in those communities. Mr. Hughes responded that he was not aware of any reports on the subject. representing the proponent who made the request for an accessory apartment, made the following comments regarding the draft ordinance amendment: 1) that the Community Development and Planning Commission had tried to develop a procedure that would recognize what was designated in the Comprehensive Plan as low density attached resi- dential areas where, because of other zoning in the immediate area, accessory apart- ments would be appropriate, 2) that the procedure would allow the Council to evaluate each request to determine whether or not it would fit the standards established, and 3) with reference to the requirement for owner occupancy, that the R-1 District does not have that requirement. Appearing and speaking in opposition to the concept of accessory apartments in the R-1 District were the following: Mike Casserly, 4611 Bruce Avenue, representing the Wooddale Neighborhood Council; Mary Jo Aiken, 4548 France Avenue; Rolland Thompson, 4545 Meadow Road, Itti Furlong, 4703 Meadow Road, Jim' Church, 4540 France Avenue, Ralph Mullen, 4607 Meadow Road; Barabra Thatcher, 4611 Meadow Road, and Michael Doyle, 4634 France Avenue. Jeff Shiosberg, 4541Meadow Road, requested that Council take action on the Zoning Ordinance Amendment at this meeting. I i I James Van Valkenburg, I -I I 1 No further comments being heard, Member Turner moved that the Community I 1 Development and Planning Commission be asked to meet with Council to discuss: 1) the concept of accessory housing in the R-1 District, 2) the intent of the Comprehensive Plan as to broadening the choice of housing alternatives, and 3) the designation of land use in various parts of the City. Motion was seconded by Member Richards with the addition that all interested neighborhood associations be advised of the meeting and be asked for their imput on these issues. Ayes: Richards, Turner, Courtney Nays : Bredesen Motion carried. Timing for the meeting was discussed and it was agreed that it be scheduled for the month of October, 1983. I BOARD OF APPEALS AND ADJUSTMENTS DECISION AFFIRMED FOR VARIANCE AT 4717 MEADOW ROAD. Mr. Hughes advised that a petition for variance for property at 4717 Meadow Road had been requested so that an existing attached single car garage could be converted to living space, to allow construction of an addition in the rear of the.old garage, 'and for construction of a two car attached garage. foot side yard from the north property line. and a 10 foot yard is required for living space. are proposed to maintain the same side yard as the existing structure. Therefore, the project requires a 5.2 foot side yard variance for a total length of 33 feet adjacent to the north property line. Mr. Hughes noted that the proposed addition will contain an expanded kitchen, family room and three season porch on the main floor and an expanded bedroom and 3/4 bath on the second floor. The new garage will be located on the south side of the dwelling and will replace the existing screen porch. That garage will access by way of a drivway from West 48th Street. The Board of Appeals after considering the request granted the side yard variance for the new addition on the northerly side of the property'. Within the 10 day period of approval of that variance, the decision was appealed to Council by letter from Dale and Joyce Grahn, 4715 Meadow Road. the lot is narrow and deep, as are most of the lots along.Meadow Road, and any expansion is only possible to the rear of the lot. the curve of Meadow Road, the houses are stepped back incrementally.. Mr. Haugen stated that after considering several plans for the new two car garage, the plan sub- mitted was determined to be the best use of the property and-would minimally.block.the neighbors' view; also, the spacing between the two structures would be approximately 19 feet. they had two concerns: 1) the 12 foot overlap of the new addition onto their house,- and 2) surface water drainage onto their property. elevation is approximately 4 feet below the Haugen property with a stone retaining wall between the lots and that he wanted assurance that adequate drainage would be provided by the proponent. Mr. Haugen responded by presenting a graphic of a surface water drainage plan for the property at 4717 Meadow Drive which had been prepared by his engineering consultant and assured Council and Mr. Grahn that he was committed to soiving the drainage problem if the variance request were granted. Member Richards, Mr. Haugen stated that the plans presented are as approved by the Board of Appeals and Adjustments and that the exterior materials of the addition would match the exterior of the dwelling. the Board of Appeals and Adjustment decision for approval of the variance. The present garage maintains a 4.8 A 5 foot yard is required for a garage The converted garage and addition Gary Haugen, proponent for the variance, explained that He also noted that because of I Dale Grahn, 4715 Meadow Road, who had appealed the decision, advised that He explained that their lot Responding to - Member Richards then moved affirmation of Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Nays: None 'Motion carried. . 8/15/83 57 Kt cn r- c') m a HIGHLANDS PARK PLAYGROUND EQUIPMENT BID AWARDED. Mr. Rosland presented bids for Highlands Park playground equipment showing Earl F. Anderson and Associates low bidder at $7,283.00 and Hamele Recreation at $7,450.00. motion was seconded by Member Turner for award of bid to low bidder, Earl F. Anderson at $7,283.00. Member Bredesen's Ayes: Bredesen, Richards, Turner, Courtney Nays: None Motion carried. KILN ROOM BUILDING AT ART CENTER BID AWARDED. Mr. Rosland presented bids for the kiln room building at the Edina Art Center showing Peak Construction Company low bidder at $7 , 550.00 and Lar ' s Remodeling at $8,000.00. motion for award of bid to low bidder, Peak Construction Company, at $7,550.00 was seconded by Member Turner. Member Bredesen' s Ayes: Bredesen, Richards, Turner, Courtney Nays: None Motion carried. ZUPPKEWOOD ADDITION UTILITIES (WM-350 and SS-367) BID AWARDED. Mr. Rosland pre- sented bids for Zuppkewood Addition utilities, WM-350 and SS-367, showing low bidder G. L. Contracting, Inc. at $8,399.00 and Kirkwold Construction Company at $9890.00. to low bidder G. L. Contracting, Inc. at $8,399.00. Member Richards' motion was seconded by Member Turner for award of bid Ayes: Bredesen, Richards, Turner, Courtney Nays: None ' Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF AUGUST 9, 1983 REVIEWED. The Traffic Safety Committee Minutes of August.9, 1983, were reviewed. in Section A for approval, Member Bredesen's motion was seconded by Member Turner for acceptance of Section B and acknowledgement of Section C of the Minutes. There being no recommendations Ayes: Bredesen, Richards, Turner, Courtney Nays: None Motion carried. MINNEHAHA CREEK WATERSHED DISTRICT/HIGH WATER CONCERNS REPORT GIVEN; RESOLUTION ADOPTED. Francis, 4609 Cascade Lane, reminded Council of the flooding problem on her property since April 2, 1983, and urged Council to petition the Minnehaha Creek Watershed District (MCWD) to dredge the creek as recommended by the City Engineer. Mr. Hoffman recalled that at the July 11, 1983, meeting he had reviewed five issues regarding the high water problem on Cascade Lane: 1) the Browndale Dam 2) the Highway 100 bridge, 3) the Cascade structure in the creek, 4) dredging, and 5) the Minnehaha Creek Watershed District Board policy on water discharge. He noted that the Board policy had been changed to minimize overbanking. that the-Engineering Department has completed the checks of the USGS information supplied to the City by the MCWD by re-surveying several creek bottom sections in the area of Cascade Lane. The only sections surveyed that indicated some differ- ence between 1974 and now were,the area.east of Highway 100 bridge, a section thru the Cascade structure and the previously dredged area this past winter. Those observations prompt the following conclusions: A) Council should submit a petition for dredging work in the Cascade area, B) consideration should be given to removal of the Cascade structure, and C) some slight berming should be allowed at the property owner's discretion along the creek where backyard flooding has occurred. Mr. Hoffman then summarized a memorandum which the legal counsel for Minnehaha Creek Watershed District had prepared regarding the Cascade Lane Area and their advice regarding any to protect properties in that vicinity--from overbank flow and tkieir summary of- methods by which the District might act. ing resolution and moved its adoption: RESOLUTION REQUESTING MINNEHAHA CREEK DREDGING WHEREAS, re-occurring high water conditions on Minnehaha Creek near Cascade Lane have caused problems for the residents on Cascade Lane, and WHEREAS, the residents of Cascade Lane have requested that the City of Edina assist in seeking a resolution to their problem, and WHEREAS, the City Council has reviewed the data presented to them concerning the Browndale Dam, the Highway 100 Bridge, the Cascade Lane structure, the Minnehaha Creek Watershed District's new overbanking policy, and Minnehaha Creek bottom cross-sections, and WHEREAS, the City Council strongly supports the policy of preventing overbank flow conditions during discharges from Gray's Bay Dam, and WHEREAS, the Minnehaha Creek in the area of Cascade Lane appears to have some silting problems in the creek; NOW, THEREFORE BE IT RESOLVED, that the City Council of Edina petitions the (Member Richards excused himself and left the Council Room.). Margaret He added legal obligation to undertake structural protective measures Member Bredesen then offered the follow- 8/15 183 un 38 Minnehaha Creek Watershed District to dredge as necessary in the Cascade Lane area of Minnehaha Creek. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Turner, Courtney Nays: None Resolution adopted. With regard to any historical value for the Cascade structure, Mr. Rosland said he would ask the Heritage Preservation Board to look at the Cascade to evaluate its historical significance. (Member Richards returned to the meeting at this point.) REPORT FROM FIELD REPRESENTATIVE FOR SENATOR BOSCHWITZ TO BE RESCHEDULED. advised that he had received a telephone call from Senator Boschwitz's field office Mr. Rosland to the effect that a representative would not be able to appear at this meeting to discuss local issues-and that it would be rescheduled for a later date if possible. PUBLIC HEARING DATE SET FOR NUMEROUS SPECIAL ASSESSMENTS. Mr. Dalen, Member Turner offered the following resolution and moved its adoption: As recommended by RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR PARKING IMPROVEMENT NO. P-13 SIDEWALK IMPROVEMENT NO. S-31 MAINTENANCE IMPROVFXEXT NO. M-83 AQUATIC WEED IMPROVEMENT NO. AQ-83 fJATERMAIN IMPROVEMENT NOS. WM-346, WM-347, WM-348 STREET LIGHTING IMPROVEMENT NO. L-22, L-23 STORM SEWER IMPROVEMENT NOS. ST.S-169, ST.S-170, ST.S-171 SANITARY SEWER IMPROVEMENT NOS. SS-361, SS-362, SS-363, SS-365 GRADING IMPROVEMENT NOS. C-136, C-137, C-138, C-139 STREET IMPROVEMENT NOS. BA-248, BA-250, BA-251, BA-252, BA-253, BA-255 SANITARY SEWER HOUSE CONNECTION NOS. HC-6, HC-7 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assess- ments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. form hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official newspaper in accord- ance with law if hereby approved. This Council shall meet at the time and place specified in the Notice of Hearing Notices being as follows: EDINA CITY COUNCIL will meet at the City Hall, 4801 West 50th Street, Edina, Minnesota, on Monday, September 19, 1983, at 7:OO P.M. to hear and pass upon all objections, if any, to the following proposed assessments. These assessments are now on file in the office at the Edina City Clerk and open to public inspect- ion. interest on the entire assessment at the rate of 11% per annum from the date of the resolution levying the assessment to December 31, 1984. Assessment on the following will be payable in one equal installment with 1. CONSTRUCTION OF AQUATIC WEED IMPROVEMENT NO. AQ-83. District description: The area proposed to be assessed is as follows: MINNEHAHA CREEK MILL POND AREA. Commencing at a point in NWly line of StaEe Aid Boad #20, said point being located as ~ollows: at NE corner of SI& thence West 18 feet, thence South 74 58' West 1325.9 feet, thence North 19'43' West 40.1' to actual point of beginning, thence North 19O43' West 214.9 feet, thence North 58'25' East 165.9 feet, thence North 24O09' East 70 coinmencing I (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING FOR ASSESSBIENTS Parking Improvement No. P-13. Sidewalk Improvement No. S-31. Maintenance Improvement No. M-83. Aquatic Weed Improvement No. AQ-83. Watermain Improvement Nos. TW-346, WM-347 , FJM-348. Street Lighting Improvement No. L-22, L-23. Storm Sewer Improvement Nos. ST.S-169, ST.S-170, ST.S-171. Sanitary Sewer Improvment Nos. SS-361, SS-362, SS-363, SS-365. Grading Improvement Nos. C-136, C-137, C-138, C-139. Street Improvement Nos. BA-248, BA-250, BA-251, BA-252, Sanitary Sewer House Connection Nos. HC-6, HC-7. BA-253, BA-255. i 1 I 8/ 15 / 83 59 feet to Northerly bank of Minnehaha Creek, thence SEly along said Creek to NWly line of County Road #2, thence SWly along said road line to Northerly line of State Aid Road 1\20 South 74O58' West 297.75 feet to beginning, Sec. 18, Twp. 28, Range 24; Lots 1 and 2, 5 thru 22, Block 4; Lots 4 thru 7, Block 5; Lots 1 thru 19, Black 14, all in Country Club District-Brown Section; Lots 1 and 2, Block 1, Sunnyslope Ad- dition, Eitel Replat; Lots 1 thru 5, Block 1; Lots 2, 4 thru 9, Block 3; Lot 2 and that part of Lot 1 lying Northerly of a line running from a point in Westerly line of said Lot distance 52 feet Southerly measured along Westerly line of said Lot from NW corner thereof to a point in Easterly line of said Lot 110.33 feet Southerly measured along Easterly line of said Lot from NE cor thereof; that part of Lot 1 lying Southerly of a line running from a point in Westerly line of said Lot distance 52 feet Southerly measured along Westerly line of said Lot from NW corner thereof to a point in Easterly line of said lot 110.33 feet Southerly measured along Easterly line of said lot from NE corner thereof; South 60 feet of Lot 2, Block 6 lying West of East 4 feet and N 76.5 feet.lying West of East 4 feet including vacated portion Of County Road (A); Lots 10, 11, 12, Block 6, Country Club District, Sunnyslope Section. 2. CONSTRUCTION OF MAINTENANCE IMPROVEMENT NO. M-83. District description: The area proposed to be assessed for said improvement is as follows: 50TH STREET AND FRANCE AVENUE BUSINESS DISTRICT. Lot 21, 22 and S 42% feet of Lot 20 and N 7% feet of Lot 23, except road; that part of Lot 24 lying South of the North 37 feet of Lot 24; Lot 25 and North 147 feet of Lot 29 and East 1 foot of North 147 feet of Lot 30; Lot 26 thru 28 and South 3 feet of Lot 29 also West 65 feet of South 119.9 feet of Lot 30 and East 1 foot of South 133 feet Of Lot 30 except street; West 119.9 feet of Lot 33; South 126 feet of Lot 34 and East 13 feet of Lot 35; West 28 feet of East 41 feet of South 90 feet of Lot 35; Com- ... mencing at a point in South line of Lot 35 distance 41 feet West from Southeast corner thereof thence North 90 feet thence East 28 feet thence North 36 feet thence West to East line of West 74.2 feet of Lot 35, thence North along said East line to North line of S 160.3 feet of Lot 35 thence West along North line to West line there- of thence South to Southwest corner thereof thence East to beginning also that part of South 150.3 feet of Lot 36 lying Easterly of a line running from a point in South . line thereof distance 21.9 feet West from Southeast corner thereof to a point in North line thereof distance 21.45 feet West from Northeast corner thereof; East 85 feet of West 120 feet of East 172 feet of South 150 feet of N% of Lot 36 except : street; that part of South 150.3 feet of Lot 36 lying Westerly of a line running from a point in South line distance 21.9 feet West from Southeast corner thereof to a point in North line thof distance 21.45 feet West from Northeast corner thereof except street; that part of the following described premises lying below the ele- vation of 899 feet mean sea level 1929 adjustment: the south 43.5 feet of North 166.5 feet of West 54 feet of East 60 feet of Lot 43, Auditor's Subdivision No. 172 and the South 2 feet of East 6 feet of North 166.5 feet of Lot 43 and that part of Lot 43 lying S of North 166.5 feet thereof and East of Registered Land Survey 1426 ani Northeriy of a line drawn from the most Southerly and Easterly corner of Tract A, Registered Land Survey 1426 to a point on the East line of West 107 feet of Lot 44, Auditor's Subdivision No. 172 distance 181.05 feet North of South line thereof also that part of Tract A, Registered Land Survey 1426 lying South of North 123 feet thereof; Tract A, Reg. Land Survey 1426 and the North 166.5' of East 60' of Lot 43, Auditor's Subdivision No. 172 and that part of Lot 43 lying South of North 166.5 feet thereof and East of Registered Land Survey 1426 and Northerly of a line drawn from the most Southerly & El? cor of Tract A, Registered Land Survey 1426 to a point on East line of West 107 feet of Lot 44, Auditor's Subdivision No. 172 distance 181.05 feet North of South line thereof except that part of the above described premises lying below the elevation of 899 feet mean sea level 1929 adjustment described as follows: the South 43.5 feet of North 166.5 feet of West 54 feet of East 60 feet of Lot 43 and the South 2 feet of East 6 feet of North 166.5 feet of Lot 43 and that Part Of Lot 43 lying South of North 166.5 feet thof and East of Registered Land Survey 1426 and Northerly of a line drawn from the most Southerly & Ely cor of Tract A, Registered Land Survey 1426 to a point on the East line of West 107 feet of Lot 44 distance 181.05 feet North of South line thereof also that part of Tract A, Registered Land.Survey 1426 lying South of North 123 feet thereof; West 107 feet of North 120 feet of Lot 44; that parr of Lot 45 de- scribed as commencing at a point in Northwest corner of Lot 47 thence South to Southwest corner thereof thence West 13.9 feet thence South 1.1 feet thence West 36.1 feet thence South 2.4 feet thence West to a point 7 feet East from West line of Lot 45 thence North 134.75 feet thence West 4 feet thence North to South line of West 50th Street thence East 87 feet thence South to be- ginning; South 70 feet of East 150 feet of Lot 45 and North 2 feet of East 1/2 of Lot49; North 102 feet of E 1/2 of S 1/2 of Lot 49 except road; Commencing at a point in East line of Lot 49 distance 2 feet South from Northeast corner thereof thence South 40.16 feet thence West to a point in West line of East 1/2 of Lot 49 distance 43.3 feet South from Northwest corner thereof thence North 41.3 feet to a Doint 2 feet South from North line of said Lot thence East to , - 8/15/83 _-.. 60 f -- beginning; South 177.5 feet of Lot 31 except street; South 177% feet of Lot 32 and that part of the N 112 of South of Allatas 1st Addition except street; thence West 49 feet of Lot 47 and that part of the East 51 feet of Lot 47 lying North of the South 2.45 feet thereof; the North 113 feet of the South 183 feet of East 150 feet of Lot 45, Auditor's Subdivision No. 172 except that part thereof below the elevation of 897 feet above mean sea level and lying North of a line described as follows: Commencing at the Northeast corner of said South 183 feet thence on an assumed bearing of 50 degrees 20 minutes 20 seconds along the East line of Lot 45 a distance of 4.15 feet to the point of beginning of the line being described thence West 48.18 feet thence Westerly 49.02 feet along a tangential curve to the left with a radius of 101.29 feet thence South 62 degrees 16 minutes 17 seconds West to a distance of 32.39 feet thence SWly 43.93 feet along a tan- - gential curve to the lett with a radius of 50 feet to the West line of the East 150 feet of Lot 45 and there ending; East 52 feet of South 150 feet of North 1/2 of Lot 36 except street; all in Auditor's Subdivision No. 172. Lot 8, Lund Kruse Addition; Tract C, Registered Land Survey 1426; Lot 1 and the West 35 feet of East 172 feet of South 150 feet of North 1/2 of Lot 36, Auditor's Subdivision No. 172 except street; Replat Lot 6, Block 1, Lund Kruse Addition;-Lot 1, Block 1, Steven's First. Lot 34 lying East of West 14.75 feet thof and Assessment on the following will be payable in three equal installments over a period of three (3) years with interest on the entire assessment at the rate of 11% per annum from the date of the resolution levying the assessment to December 31, 1984. CONSTRUCTION OF WATERMAIN IMPROVEMENT' NO. Tm-346. District description: The area proposed to be assessed is as follows: 3. GLEASON COURT FROM GLEASON ROAD TO VERNON COURT. Lots 1 thru 14, Block I, Gleason Court Addition. 4. CONSTRUCTION OF WATEDTAIN IMPROVEMENT NO. NIi-347. District description: The area proposed to be assessed is as follows: Lots 1 thru 6, Block 1; Lots 2 NOB HILL ROAD IN OAK RIDGE OF EDINA ADDITION. 5, Block 2, Oak Ridge of Edina Addition. 5. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. ST.S-169. District description: GLEASON COURT IN GLEASON COURT ADDITION. The area proposed to be assessed is as follows: Lots 1 thru 14, Block 1, Gleason Court Addition. 6. CONSTRUCTION OF STORM SEWER NO. ST.S-170. ~ District description: OF EDINA. The area proposed to be assessed is as follows: Lots 1 thru 6, Block 1; Lots 2 NOB'HLLL DRIVE .AND EASEMENT LINE TO POND IN OAK RIDGE thru 5, Block 2, Oak Ridge of Edina. 7. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-361. District description: The area proposed to be assessed is as follows: GLEASON COURT IN GLEASON COURT ADDITION. Lots 1 thru 14, Block 1, Gleason Court Addition. 8. CONSTRUCTION OF SANITARY SEWER IbIPROVEMENT NO. SS-362. District description: AND NOB HILL DRIVE IN OAK RIDGE OF EDINA. The area proposed to be assessed is as follows: EASEMENT LINE FROM DANEN'S DRIVE TO NOB HILL DRIVE Lots 1 thru 6, Block 1; Lots 2 thru 5, Block 2, Oak Ridge of Edina Addition. 9. CONSTRUCTION OF GRADING IMPROVEMENT NO. C-136. District description: WEST HIGHWOOD DRIVE IN EMERALD WOODS ADDITION. The area proposed to be assessed is as follows: Lots 2 thru 9, Block 1, Emerald Woods Addition. 10.: CONSTRUCTION OF GRADING IMPROVEMENT NO. C-137. District description: The area proposed to be assessed is as follows: GLEASON COURT IN GLEASON COURT ADDITION. Lots 1 thru 14, Block 1, Gleason Court Addition. 11. CONSTRUCTION OF GRADING IMPROVEfiENT NO. C-138. District description: The area proposed to be assessed is as.fallows: NOB HILL DRIVE IN OAK RIDGE OF EDINA ADDITION. Lots 1 thru 6, Block 1; Lots 3 thru 5, Block 2, Oak Ridge of Edina Addition. I Assessment on the following will be payable in six equal installments over a period of six (6) years with interest on the entire assessment at the rate of 7% per annum from the date of the resolution levying the assessment to December 31, 1984. :12. CONSTRUCTION OF SANITARY SEWER HOUSE CONNECTION NOS. HC-6, HC-7. District description: PROPERTY ADDRESSES: 6932 VALLEY VIEW ROAD, 4362 VERNON AVENUE. The area proposed to be assessed is as follows: Ridge Addition; Lot 10, Auditor's Subdivision No. 176. Lot 1, Block 1, Claudia -. 8 / 15 / 83 61 Assessment on the following will be payable in ten equal installments over a period of ten (10) years with interest on the entire assessment at the rate of 11% per annum from the date of the resolution levying the assessment to December 31, 1984. 13. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM.348. District description: 685' WEST OF YORK AVENUE. The area proposed to be assessed is as follows: Lot 1, Block 1, Eden Place PARKLAWN AVENUE FROM 190' WEST OF YORK AVENUE TO Addition; That part of West 1/2 of Northwest 1/4 of Northeast 1/4 of Southwest 1/4 lying South of Eden Place Addition and that part of the East 1/2 of the Northwest 1/4 of Southwest 1/4 lying Southerly and Westerly of Eden Place ad- dition except road, Section 32, Township 28, Range 24. (32-028-24-32-0004). District description: PARKLAWN AVENUE FROM 150' WEST OF YORK AVENUE TO 420' WEST OF YORK AVENUE. The area proposed to be assessed is as follows: 14. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-363. Lot 1, Block 1, Eden Place; That part of West 1/2 of Northwest 1/4 of Northeast 1/4 of Southwest 1/4 lying South of Eden Place Addition and that part of the East 1/2 of the'North- west l/4 of Southwest 1/4 lying Southerly and Westerly of Eden Place Addition except road, Section 32, Township 28, Range 24. (32-028-24-32-0004). 15. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-365. District description: The area proposed to be assessed hs as follows: SEWER EXTE'NSION FOR 6610 and 6620 NORMANDALE ROAD. W 295 feet of East 417 feet of South 200 feet of North 430 feet of Government Lot 3 except highway; West 750 feet of East 867 feet of South 150 feet of North 580 feet of Government Lot 3 except highway, Section 4, Township 116, Range 21. 16. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. ST-S-171. District description: WEST 52ND STREET - GORGAS AVENUE TO HALIFAX AVENUE. The area proposed to be assessed is as follows: Lot 8 and that part of Lots 9 and 10 lying West of East 150 feet thereof also Lots 11 thru 17 inclusive. Also West 44.5 feet of South 150 feet of Lot 18 also East 45 feet of Lots 19, 20 and 21. Also that part of Lots 22 thru 33 lying Easterly of a line and its Northerly and Southerly extension running from a point on South line of Lot 24 distance 63 feet West from Southeast corner thereof to a point on North line of Lot 28 distance 84 feet West from Northeast corner thereof, Block 1, South Harriet Park Second Add'n. 17. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. S-31. District description: LINE OF LOT 1, BLOCK 2, COLONIAL CHURCH.OF EDINA FIRST ADDITION (WEST SIDE ONLY). The area proposed to be assessed is as follows: Lot 1, Block 2, Colonial church COLONIAL WAY FROM OLINGER BLVD. TO 206' WEST OF THE EAST of Edina First Addition. 18. CONSTRUCTION OF PARKING LOT IMPROVEMENT NO. P-13. District description: The area proposed to be assessed is as follows: EDINA CONMUNITY CENTER AT SOUTHVIEW LAND AND HWY. 100. That part of Southwest 1/4 of Northwest 1/4 lying South of Golf Terrace Heights 1st Addition and North 15 acres of Northwest 1/4 of Southwest 1/4 and commencing at a point in North Line of South 10 acres of North 25 acres of Northwest 1/4 of Southwest 1/4 distance 839 feet West from Northeast corner thereof thence South to a point 15 feet North from South line thereof thence West to West line of Section thence North to Northwest corner of said South 10 acres thence East to beginning except highway, Section 19, Township 28, Range 24.(19-028-24-23-0001). 19. CONSTRUCTION OF GRADING IMPROVEMENT NO. C-139. District description: PARKLAWN AVENUE FROM YORK AVENUE TO 668' WEST. The area proposed to be assessed is as follows: Lot: 1, Block 1; Outlot A, Ebenezer Society Addition (7500 York Avenue Co-op); Lot 1, Block 1, Eden Place Addition;-That part of West 1/2 of Northwest 1/4 of Northeast 1/4 of Southwest 1/4 lying South of Eden Place Addition and that part of the East 1/2 of the North- west 1/4 of Southwest 1/4 lying Southerly and Westerly of Eden Place Addition except road, Section 3'2, Township 28, Range 24. (32-028-24-32-0004). 20. CONSTRUCTION OF STREET LIGHTING IMPROVEMENT NO. L-22. District description: PARKLAWN AVENUE FROM YORK AVENUE TO 670' WEST. The area proposed to be assessed is as follows: Lot 1, Block 1; Outlot A, Ebenezer Society Addition (7500 York Avenue. Co-op); Lot 1, Block 1, Eden Place Addition; That part of West 1/2 of Northwest 1/4 of Northeast 1/4 of Southwest 1/4 lying South of Eden Place Addition and that part of the East 1/2 of the Northwest 1/4 of Southwest 1/4 lying Southerly and Westerly of Eden Place Addition except road, Section 32, Township 28, Range 24. (32-028-24-32-0004). 21. CONSTRUCTION OF STREET LIGHTING IMPROVEMENT NO. L-23. District desoription: The area proposed to be assessed is as follows: KNOLL DRIVE FROM SCHAEFER ROAD TO PARKWOOD ROAD. That part of Lot 3, Block 4 ..lying Westerly of East 9 feet thereof;' Lots 4. thru 7, Block 4;. Lot .l,,a.nd.Lots 9 ' thru .12,. Block 5, Parkwood. Knolls Addition. 22. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-248. District description: GROVE STREET FROM JOHNSON DRIVE TO M.N. ti S. RAILROAD RIGHT OF WAY. 8/ 15 / 83 _-.. _-_ 62 The area proposed to be assessed is as follows: Lot 1, Block I, Warden Acres Scheflo Replat; Lot 1, Block 1; Lots 1 thru 3, Block 2, Warden Acres Austin Replat; Lot 38, Warden Acres; Lot 1, Block 1; Lots 1 and 2, Block 2, Warden Acres Peterson Replat; Lot 15, Block 1, Edina Parklands; East 170.66 feet of South 16 rods of Lot 5 except road including 1/2 adjacent vacated Garden Avenue; West 170.66 feet of East 341.32 feet of S 16 rods of Lot 5 subject to road; West 341.32 feet of East 682.64 feet of South 16 rods of Lot 5; that paft of South 16 rods lying West of M.N. & S. Railroad right of way Block 6 except road including 1/2 adjacent vacated Garden Avenue; Garden Park Addition. 23. CONSTRUCTION OF STREET IMPROVEBENT NO. BA-250. District description: The area proposed to be assessed is as follows: Outlot By William Wardwell DEWEY HILL ROAD FROM CAHILL ROAD WESTERLY TO DELANEY BLVD. Lewis Park Addition; All condominium units in Dewey Hill West, Apartment Ownership No. 219; All condominium units in Dewey Hill East, Apartment hership No. 324; Lot 3, Block 1, Dewey Hill Estates. 24. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-251. District description: The area proposed to be assessed is as follows: FOX MEADOW LANE AND EVANSWOOD LANE IN OAK PONDS OF . :. INTERLACHEN ADDITION. Lots 1 thru 7, Block 1; Lots 1 thru 4, Block 2, Oak Ponds of Interlachen Addition. 25. CONSTRUCTION OF STREET IM?ROVENENT NO. 'BA-252. District description: The area proposed to be assessed is as follows: WEST HIGHWOOD DRIVE IN EMERALD WOODS ADDITION. Lots 2 thru 9, Blokk 1;Emerald Woods Addition. 26. CONSTRUCTION OF STREET IMPROVEMENT NO. BA- 253. District description: PARKLAWN AVENUE FROM YORK AVENUE TO 668' WEST. The area proposed to be assessed is as follows: Lot 1, Block 1; Outlot A, Ebenezer Society Addition:(7500 York Co-op);. Lat l3 Block 1,nEden Place Addition; That part of Best 1/2 of Northwest 1/4 of Northeast 1/4 of Southwest 1/4 lying South of Eden Place Addition and that part of the East 1/2 of the Northwest 1/4 of South- I west 1/4 lying Southerly and Westerly of Eden Place Addition except road (S-32,T-28,R-24) 27- CONSTRUCTION OF STREET IMPROVEMENT NO. BA-255. District description: The area proposed to be assessed is as follows: CAHILL ROAD FROM AMUNDSON AVENUE TO 300' 2 South. Lot 1, Block 1; Lot 1, Block 2 I and vacated Amundson Avenue, Findell 2nd Addition; Lot I, Block 1, Braemar Oaks Addition; That part of Tract B lying South of the North 70 feet thereof and that part of the North 70 feet of Tract B lying East of .the Southerly extension of Lot 2 Block 2, Amundson Terrace ; Tract C, except road,. all in Registered Land Survey No. 1393 First payment of these assessments will be payable with the taxes for the year 1983 collectible in 1984. .To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of the property , the assessment without interest to the City Treasurer on or before November 15, 1983, or make payment with I accrued interest to the County Treasurer. the District Court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or Clerk of the City of Edina within thirty (30) days after the adoption of the assessment by the City Council, and by filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk. assessed for the above improvements may pay the whole of I Any owner may appeal the assessment to I However, no appeal may be taken as to an assessment unless a written objection signed by the affected property owner is filed with the Clerk of the City of Edina prior to the hearing or presented to the presiding officer at the hearing. c Pursuant to Minnesota Statutes, the C{ty of Edina has adopted standards and guide- lines for deferring special assessmentxi against-homestead property owned by persons 65 years of age or older for whom payments would be a hardship. To obtain deferment, application must be filed with the City Assessor's office by the close of business on the last business day before the City Council meeting set out in the first paragraph of this notice. For further information and application forms, please call or visit the City Assessor' s off ice. I BY ORDER OF THE EDINA CITY COUNCIL - Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Bredesen. .. Rollcall. : Ayes: Bredesen, Richards, Turner, Courtney Nays: None Resolution adopted. EDINA COMMUNITY TASK FORCE I1 REPORT GIVEN. "Report on-Task Force 11" was presented by Judi Heidkamp and Sue Bonoff, representing A summary of a written report entitled 8/15/83 d- ol the 40 members of Task Force 11, which was convened in January, 1983, prompted by the concern of several community members over the chemical problems which still exist among Edina's young people. They reported that after seven working sessions nine priorities were identified and three sub-committees.were formed: 1) School and Youth, 2) Families, and 3) Sociai Norms. The sub-committees are committed to work through the summer and to meet on September 29 to make their recommendations to the entire Task Force. Mayor Courtney thanked Mrs. Hei-dkamp and Mrs. Bonoff for the report and asked them to convey the thanks and appreci- ation of the Council to the members of Task Force 11. DISCUSSION OF STUDY COMMITTEE FOR ALTERNATIVE METHODS OF DELIVERING SERVICES TO BE CONTINUED. As recommended by Mr. Rosland, it was unanimously agreed to defer discussion of a Study Committee for Alternative Methods of Delivering Services to August 29, 1983. REMOVAL OF RESTRICTION, LOT 2, BLOCK 1, EDINA OFFICE CENTER GRANTED. Mr. Hughes recalled that on March 7, 1983, the Council released a restriction concerning gross floor area for Lot 3, Block 1, Edina Office Center. The owners of Lot 2 of the subject plat (National Car Rental) are now asking for release of this restriction as to allowable gross floor area for buildings within the subdivision that is identical to that granted the owner of Lot 3. No objections being heard, Member Turner offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that the Mayor and the City Manager are hereby authorized and directed to execute and deliver an Agreement to remove the gross floor area restriction for Lot 2, Block 1, Edina, Office Center, imposed by a document entitled "Agreement (Conditions to Zoning Variance)" dated September 21, 1979, and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1353917, and BE IT FURTHER RESOLVED that in consideration of the release of such restriction that the gross floor area of all buildings or structures now or hereafter located on Said Lot 2 shall not exceed 0.5 times the lot area as defined by the City ordinances now in effect. Motion for adoption of the resolution was seconded by Member Bredesen. RESOLUTION Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Nays: None Resolution adopted. SPECIAL COUNCIL MEETING SCHEDULED FOR AUGUST 29, 1983. that because of the Labor Day holiday, the next Regular Council Meeting would fall on September 12, 1983, and recommended Council schedule a Special Council meeting for August 29, 1983. .Upon motion of Member Bredesen, seconded by Member Turner, a Special Council Meeting was called for August 29, 1983, which motion was unani- mously adopted . Mr. Rosland pointed 1 t EDINA SCHOOLS PHAMPHLET C0MMENDED:Membe-i Turner called Counciljs attention to the 'phamphlet prepared by -the" Edina ~chools,"Positive Facts to Slip Into Conversations", and commented that she felt it was a marvelous piece. could possibly be adapted to implement the City's Long Range Planning. She added that the concept HENNEPIN COUNTY'PARK RESERVE DISTRICT FUNDING ACTIONS DISCUSSED. Member Turner asked if the Edina Park Board would be reviewing the "Issue Statement" of the Hennepin County Park Reserve District regarding possible actions relating to fund- ing of regional park operations in Hennepin County. Mr. Rosland responded that it would be placed on the Park Board Agenda for September, 1983, and although the timing is short, the Park Board would be discussing the funding and delivery of regional park services and would make their recommendations to the Hennepin County Park Reserve District. No action was taken. CITY TEUZE PROGRAM DISCUSSED. Mayor Courtney commented that he has received.a number of calls and letters from residents who are concerned about the City's tree program (removal of diseased trees, trimming and.replacement) and that he had discussed the matter with the City Manager. would be included in the Park Department budget request for consideration by Council. No action was taken. Mr. Rosland advised that a proposal SCHOOL BOARD/CITY COUNCIL JOINT.MEETING SCHEDULED FOR OCTOBER 10, 1983. Mr. Rosland 'confirmed the date of October 10, 1983, for a joint meeting of the School Board and City Council, that being a regular meeting for the Scbool Board, at 7:OO p.m. LMC/AMM REGIONAL MEETING SCHEDULED SEPTEMBER 29 , 1983. attention to a LMC/AMM Regional Meeting on September 29, 1983, to be held at the Mr. Rosland called Council's 81 15 1 83 64 Radisson South Hotel in Bloomington, and asked that those interested in attending should let him know so that reservations can be made. Members Turner and Richards responded that they would attend. DEATH OF MRS.. CHARLOTTE HAUCK NOTED. Mr. Rosland advised that Mrs. Charlotte Hauck had passed away several days ago and that she had been an avid fan of Edina since moving here in the mid 1930's. He noted that she had been active in the Edina His- torical Society and would be sreatly missed. EDINA LOGO LICENSE DISCUSSED; ROYALTY PROVISION TO BE DELETED. that the City has been issuing a license for the use of the Edina Logo on certain products and that the license agreement provides for an initial fee of $100.00 and $25.00 for each renewal year. over $2,000 during the initial year be paid'and 5% on gross sales over $500 during a renewal year. To date, only one license has been issued (Korst Jewelers) but an inquiry had been received from Hager of Edina for a license to use the Edina Logo on sweaters. Mr. Rosland recommended that Council. consider deleting the royalty provi- sion from the license agreement and setting the fee at $100.00 for the initial year and $50.00 for a renewal. seconded by Member Turner, that the royalty provision be deleted from the license agreement and that the license fee be set at $100.00 for the initial year and $50.00 for a renewal year. Mr. Rosland recalled I It also provides that a royalty of 5% on gross sales No objections being heard, Member Bredesen's motion was Ayes: Bredesen, Richards, Turner, Courtney Nays: None Motion carried. ORDINANCE *NO.. 901-All (AMENDING THE LIQUOR ORDINANCE) GRANTED F1RST''READING. Mr. Rosland recalled that the last meeting Council had authorized an amendment to the liquor ordinance to permit the sale of non-intoxicating and intoxicating liquor on state primary and general election days to bring the City's ordinance in line with Chapter 259 legislation passed by the 1983 Legislature. heard, Member Richards offered the following ordinance for First Reading as follows: No comments being ORDINANCE NO. 901-All AN ORDINANCE AMENDING ORDINANCE NO. 901, TO ALLOW SALES OF NON-INTOXICATING MALT LIQUOR AND OF INTOXICATING LIQUOR ON B THE DAY OF ANY STATEWIDE ELECTION, TO CLARIFY HOURS OF SALE, AND TO REQUIRE PROOF OF FINANCIAL RESPONSIBILITY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Hours of Sale. Paragraphs (a), (b) and (c) of Section 18 of Ordinance No. 901 are- hereby amended to read as follows: "(a) No sale of non-intoxicating malt liquor shall be made between the hours of 1:OO A.M.-and 8:OO A.M. on any weekday, Monday through Saturday, nox shall any sale be made on-any Sunday between the hours of 1:OO A.M. and 12:OO noon. nor between the hours of 1:OO A.M. and 8:OO A.M. on any weekday, Tuesday through Saturday; nor after 8:OO P.M. on December 24. on Sunday nor until 8:OO A.M. on Monday, except as allowed by this Ordinance as to (b) No on-sale of intoxicating liquor shall be made until 8:OO A.M. on Monday (c) No on-sale or off-sale of intoxicating liquor. shall be made after 1:OO A.M. . holders of a Sundav sale license. Sec. 2. Proof-of Financial Responsibility. No. 901 relating to issuance of licenses for sale of intoxicating liquor and non- Sections 9 and 16 of Ordinance - intoxicating malt liquor, respectively, are hereby amended by adding to each section the following: addition to other requirements imposgd by this Ordinance for the obtaining or renewal of a license, shall demonstrate proofi. of financial responsibility with regard to - 11 Every person licensed, or applying for a license, under this Ordinance, in liability'imposed by Minnesota Statute, Section 340.95, to the City Clerk, as a condition to the issuance or renewal of such license, in the manner and to the extent required by Minnesota Statute, Section 340.11, Subdivision 21, provided, if any licensee or applicant claims exemption from the requirements of said statute, proof of such exception shall be established by affidavit given by such licensee or applicant, such affidavit to be in form and substance acceptable to the City Clerk. .. publication. Sec. 3. This ordinance shall be in full force and effect upon its passage and LIQUOR FUND REPORT AS OF MAY 31, 1983, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Member Richards, seconded by Member Turner. Ayes: Bredesen, Richards, Turner, Courtney Nays: None Motion carried. I 8/15/83 , : 65 CLAIMS PAID. Motion of Member Richards was seconded by Member Turner for payment.of the following Claims as per Pre-List: General Fund $182,406.01, Park Fund $49,994.54, Art Center $4,482.19, Swimming Pool $5,183.54, Golf Course Fund $19,548.30 , Recreation Center $7,150.41, Gun Range $255.34 , Water Works Fund $29,605.21, Sewer Fund $154,006.79, Liquor Fund $110,650.37, Construction $107,067.28, IBR Fund $4.00, Total $670,353.98. Ayes: Bredesen, Richards, Turner, Courtney Motion carried. . Nays: None Member Turner asked if Council would be.receiving a financial report on the operation of the Golf.Dome. Mr. Rosland advised that an audited report on gross receipts would be available in the near future. There being no further busines6 appearing, Mayor Courtney declared the meeting adjourned at 9:55 p.m. City Clerk