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HomeMy WebLinkAbout19650607_regular. NINUTES OF THE EDLNA ViLLAGE COUNCIL, 6/7/65 REGUI;& 'PEETING OF THE 2". HELD MONDAY, JUNE 7, 1965, AT 7:OO POL, AT THE EDlNA VILLAGE HALL ROLLCALL was answered by Members klacMillan , Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of May 17, 1965, were approved as submitted, by motion of Tupa, seconded by ZilacMillan and carried. . - _, ,... ~ .- BENTON AVENUE - HIGHHAY 100 INTERSECTION PLAN REVLEG7 CONTINUED FOR TRAFFIC .VgLUPIE * STUDIES, the*Ninnesota Highway Department over the past several years, beginning with Layout 6 in 1955, and progressing through to Layout 7-D, currently under Council consideration. Mr* Hite introduced blr. * Richard Braun of the Highway Department , who explained that Benton Avenue was selected as the most reasonable street to retain as an east-west artery connecting the two sides of Edina between the Nest 50th Street interchange and the Crosstown Highway interchange, of design, he explained, there would be a bridge at Benton .Avenue and some encroachment on the pond in the northwest corner of the intersection. taken under Layout 7-D because of some modifications in the exit and entry ramps. The southbound entry from Benton Avenue to Highway 100 was moved from the south side of the bridge to the north side to allow for a more reasonable mixing of entering traffic and traffic exiting at the Crosstown Highway. Ik, Vernon Tew, 5012 Benton Avenue, addressed the Council on behalf of the residents of Benton Avenue. and East View Drive who are affected by the proposed interchange. from the residents of the area which requested the.Counci1 to approve an overpass at Benton Avenue, but without. access or egress facilities to Highway LOO. Mr. -Clifford Simenson, 5825 East View Drive, stated that it was not definitely established that the proposed interchange would be of service to only residents of the west-central portion of Edina, but that it would probably invite the traffic of non-Edina origin, thereby endangering the safety and atmosphere of the residential area, 5300 Benton Avenue, requested the Council to consider the need for more$ not less, overgasses to connect the community after the severe division by super highways, Plr. Bob Boran, 5805 East View Drive, pleaded that the Council preserve the pond as a beauty spot and source of educational material for high school art and biology studies. Mr. Cliff Hess, 5120 Benton Avenue, argued that the construction of a multiple purpose overpass and interchange would endanger the school pedestrian traffic, which was the basic reason for construction of the overpassI The direction of greater vehicular traffic, through construction of entry and exit ramps to the bridge, would impair the safety of school children on Benton and the bridge. stated that entry onto southbound Highway 100 on a southbound ramp of a diamond interchange would be faster, and consequently safer, than entry on a ramp than loops from the north side of the overpass, which would allow an entry speed of approximately 20 miles per hour. To declare the use of a diamond interchange at Benton as being inadequate based on the experience of the diamond interchanges at Penn Avenue and France Avenue South on Highway 494, he stated, is misleading because Benton Avenue does not have the present or potential traffic load that either Penn or France Avenues do, Mr. Braun replied that Benton Avenue has long been designated by the Village as a State Aid street and it has long been considered the most reasonable point of access in central Edina on Highway 100. The traffic counts on which the future traffic load projections are based were made by the Village of Edina and furnished to the Highway Department, he stated. change at Post Road and Interstate 494 was an inaccurate analogy, as drawn by Mr. Hess, because there are no nearby- entry or exit ramps to conflict with the mixing of traffic as there are with Benton Avenue+and the Crosstown Highway intersections. Hastings, 5901 Josephine Avenue, asked whether or not the Highway Department was prepared to handle the problems caused by the natural springs in the pond, and whether they considered rearranging the scenic attributes ofthe existing pond area so as not to totally void the area of its attraction. Highway Department was not aware of natural springs in the pond until very recently. He did not consider them an insurmountable engineering problem, but would require further study. Highway Department was required to employ a landscape architect for the purpose of preparing plans and conWacts, which meet with local approval, for the best esthetic utilization of the remaining landscape, Avenue, disputed the calculations presented in justification of the expanded ramps from Benton Avenue south on Highway LOO. highway ramps similar to the proposed ramps at Benton Avenue, which indicated that the distance required between the nose of the Benton entry ramp and the Crosstown exit ramp was considerably less than advocated by the Highway Department. replied that although the design is predicated on a 70 mile per hour or 60 mile per hour basis, those speeds would probably rarely be attained under actual use ofthe facility. This is caused by the presence of several decision factors presented the driver upon entering a freeway. on the entry ramp which lane he will travel to reach the desired exit point. These decision factors substantially affect the speed at which a vehicle is able to travel Mr. Hite presented a review of the improvement proposals submitted by I Regardless of the extent Eiore of the pond is being . .- He presented a petition Mr. Bob Benson, -I He also Braun added that the diamond inter- Hr* Tom Mr* Braun stated that the * As for preservation or replacement of esthetics, he stated that the I Mr. Frederick Matthews, '!ZXL 'Bent&*. . He presented calculations based on actual Mr, Braun With a choice of three lanes, the driver must decide 6/7/65 . was adopted. a ramp, by stating that the Benton Avenue interchange was desired by the Council for several reasons, primary of which were the accessibility of the area to emergency vehicles, He further stated that he was not convinced that the details of the design were completely justified and that more complete traffic counts and detailed projections be helpful to him, until an independent traffic analyst could be retained by the Village to establish more accurate traffic counts and projections in the area, Tupa and unanimously carried. Mayor Bredesen answered an inquiry by John Palmer, 5813 East View Drive, VanValkenburg then moved that the project be continued for 30 days Motion was seconded by PORTJON OF MOTOR STGET VACATED. Edina-Morningside Courier on PIG 27 and June 3, 1965 1965, and Affidavit of Posting on three Village bulletin boards on May 24, 1965, of Notice of Hearing. abutting property owners on the north side of the street. Hite reported that the remaining abutting property owner, Mr. Sam Heller, was aware of the proposed vacation and was not opposed to it, One of the petitioners, Mr, Waldo Mareck, stated that he favored the vacation of more of the street, lying west of the petitioned area, but was informad that an expansion of the vacation would require another petition and hearing, No other persons presented comment on the matter, the Eollowing Resolution and moved its adoption: Clerk presented Affidavit of Publication in the Affidavit of Mailing on May 24, Mr, Hite explained that this vacation was petitioned by the Tupa then offered RESOLUTI ON VACATING A P0,RTION OF MOTOR STREET WHEkAS, two week's published, posted and mailed notice of a hearing to be held on June 7, 1965, at 7:OO P,M., on the proposed vacation ofthe street hereinafter described has been given and made, and a hearing has been held thereon by the Village Council; Hennepin County, Minnesota, that that part of Motor Street beginriing at the west line of Lot 2, Block 4, Arden Park 111 and extending easterly to the west bank of Minnehaha Creek; all as platted and of record in the Office of the Register of NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, eby is vacated effective Motion for adoption of the Resolution was seconded by MacMilLan, and on Rollcall there were four ayes and no nays, and the Resolution was adopted, WEST GLEASON ROAD NAME CHANGED TO "ASPEN ROAD", Clerk presented Affidavit of Publication in the Edina-Mormingsi.de Courier on May 20 and 27, 1965, and Affidavit of Mailing on May 18, 1965, of Notice of Hearing of Proposed Street Name Change. Gleason Road" be changed to "Aspen Road" because the original plat cont'aining West Gleason Road contemplated its extension easterly to connect with existing Gleason Road. not include their connection, matter, and no further discussion was heard from the Council, offered the following Ordinance and moved its adoption with waiver of second reading : Mr. Hite reported that it was recommended that the name "West The platting that has taken place since that time, however, does No persons were present to submit comment on the VanVaSkenburg then ORDINANCE NO, 164-28 AN ORDINANCE AMENDING VILLAGE OF EDLNA ORDINANCE CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE NO. 164 ENTITLED TIAN ORDINANCE NAENG AND RENAMING OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: son, 1,- Ordinance No, 164 of the Village, as amended, is hereby further "Section 45. amended by adding after Section 44, the following: 2nd Addition and Walnut Ridge 1st A-dition, as the same is of record in the West Gleason Road, located in GLeason 1st Addition, Gleason Motion for adoption of the Ordinance with waiver of second reading was seconded ' by MacMillan, and on Rollcall there were four ayes and no nays, and the Ordinance 6/7/65 DANGEROUS ,AND SUBSTANDARD DWELLING AT 5820 ST. JOHNS AVENUE TO BE HEARD ON JUNE 21. Manager Hyde reported that during September, October and November, 1964, hearings were conducted regarding the dwelling at 5820 St, Johns Avenue, and that the owner, Mr. Earl Carlson had heen given thirty days to return to the Council with specific proposals on how he intended to repair the building. To this date Nr, Carlson had not reported. He was not present in the audience. blr, Hyde recommended that action be initiated to bring the matter before the Council for removal. 'Tupa then moved that the Health Officer or his deputy be authorized to inspect the dwelling at 5820 St. Johns Avenue, to initiate whateaer action is considered necessary, and that June 21, 1965, be scheduled as the Hearing date on the'matter. by VanValkenburg and unanimously carried, Motion was seconded BELL ADDITION EZONING TO R-2 CONTINUED. in the Edina4forningside Courier on May 20 and 27, 1965, and Affidavits of Mailing Clerk presented Affidavits of Publication on $fay 18, 1965, of Notice of Hearing, for rezoning of Lots I, 2,'3, and 4, Block 1, Bell Addition from Open Development District to Ihltiple Residence R-2 rezoning and pointed out that the Planning Commission did 'not intend that its recommendation of R-2 zoning for these lots was a guarantee of R-2 zoning on the opposite side of T.H. 169, Council members questioned whether or not the right-of- way of Nine Hile Creek had been established along the proposed multiple'lots* Hite explained that it had not yet been established, but would probably be designated as an area approximately fifty feet wide along the Creek. Commission believed no final plat should be recommended until the Creek right-of- way problem had been finally determined, however, it was determined that a preliminary approval of the proper zoning be considered at'tfiis the. Mr. Akins, petitioner, was present and reassured Council and Mr. Harvey Hansen, Carl Hansen Company, that the proposed double bungalows would not be of similar architecture to the existing structures along T.H. 169 owned by the Hansen Company. offered, and VanValkenburg moved that the rezoning petition be delayed until the Creek right-of-way both north and south of T.H. 169 is definitely determined, Motion was seconded by Tupa and unanimously carried. RILEY COET-RUCTJOrJ COMPANY GRANTED FLOOR AREA RATIO.,VARIANCE , Affidavits of Mailing of Notice of Hearing on Nay 18, 1965, and Affidavit of Posting of said Notice on May 18, 1965. Pir. Hite explained that the petition requests a variance in floor area ratio from .6, as required by Ordinance, to ,87. Petitioner intends to construct a 23-unit apartment building on Lot 2, Block 2, Cassin's Replat, and the requested variance would not increase or decrease the number of unLts in the building, variance based on the previously granted variance for the apartment building to the immediate south of the building under consideration, recommendations were heard on the matter.. VanValkenburg moved that the variance be granted, seconded by 1.IacNillan and unanimously carried. Hearing was held on petition of D. M. Akins Messers Ekte and Fredlund explained the proposed Hite added that the Planning No further comment was Clerk presented . 'I Hite explained that the Planning Commission had recommended the No objections or GARAGE SIDE-YA-Il VARIANCE GRANTED AT 5825 FRANCE AVENUE SOUTH. Affidavits of Posting and Mailing of Notice of Hearing on Hay 3.8, 1965, ' Mr. Rite Clerk presented explained that petitioner, 11. \?.-Lewis, proposed to build a garage two €eet from the property Line, rather than the required five feet. recommended approval of the variance and abutting property owners' have -submitted their approval. No further discussion was heard, be granted, seconded by Tupa and unanimously carried. Planning Commission has VanValkenbuEg moved the variance FRpNT SET-BACK. VARIARCE GRANTED FOR LOT 1, BLOCK 1, FELLMAN'S SECOND ADDITSON. Clerk presented Affidavits of Posting and Hailing of Notice of Hearing on Bay 18, 1965. northeast corner of West 70th Street and Limerick Lane. size of the lot, the petitioner, Bob Staber, has requested that the 30 foot set-back requirement on the Limerick Lane side be reduced to 20 feet to enable the structure to face both streets. Hite explained that the street right-of-way was exceptionally wide at that intersection because of the junction of ~oth Limerick Lane and Hillside Lane at that intersection. by VanValkenburg and unanimously carried. COPNCJL APPROVES. _FINAL PLATS ON OTTO ' S ADDITION, NORMANDALE-HAVERLY. REPLAT AND VALLEY ESTATES. that the Otto's I11 Addition plat was approved approximately two years ago, but there has been a change of ownership and request for final approval anew. Normandale-Haverly Replat was explained by Mr. Hite. Nr, Haverly , petitioner, stated that the replat represented two lots plus a thirty foot vacated street replatted into two larger lots. No objections or recommendations were offered on the proposed plat. Mr. Hite then presented the Valley Estates preliminary plat, recommended by Planning Commission for final approval, and explained that the approval recommendation was qualified by a later review of the street names. three plats be finally approved, the Valley Estates plat to be subject to a final approval of the street nantes. Br. Hite presented the proposed building lines for a double bungalow at the Due to tlie slightly small MacI.iillan moved that the variance be granted, seconded Mr. Hite presented the plats on three developments. He explained The VanValkenburg then moved that the Notion was seconded by Tupa and unanimously carried. 6/7/65 I LOT 17, BL0.C- NORMANDALE ADDITIOH DIVISION APPROVED. proposed division of Lot 17, Block 2, Xormandale Addition, which represantedthe Mr, Hite presented the splitting of one 240 foot lot into two 120 foot by L20 foot lots, The Planning Commission recommendation was for approval of the lot division on the condition that a drainage swail in one of the lots was not to be interferred with, No discussion was heard on the proposal. VanValkenburg then moved that the lot division be approved on the condition that the drainage swail be left intact, Motion was seconded by Tupa and unanimously carried, DAYTON DEVELOPMENT COMPANY LEASE OF OFFICE SPACE TO. REAL ESTATE FIRM IN, l4EDICAL BUILDING W?SED, which requested the approval of the Council for the lease of space in the recently- Mr. Hite preseslted a letter from the Dayton Development Company completed Southdale Medical Building addition to a real estate firm. Mr. Hite explained that this use is not specifically allowed under the regional medical district zoning, but is left to the option of the Council., Mayor Bredesen stated that on the first application for non-specified use, that of a commercial loan office, the petitioner had promised that no other non-specified uses would be requested. Planning Department that this area of the zoning ordinance be clarigied. Bredesen su-gested that the request be denied until the Planning Commission specifies in ordinance the permitted uses in medical district zoning, moved that the request be denied until the zoning ordinance is more clearly definede Motion was seconded by Tupa and carried unanimously. Nr. Elite stated that the Planning Commission had been advised by the Mayor VanValkenburg then REPORT, ON J. 0.. LEG.JIS JGZONING PETITION FOR LOTS 1 AND 2, WILKINS ADDLTI,ON, reportedTthe Council that the Planning Commission had denied= petition of 14r. Hite &GezzGTzD J. 0. Lewis to rezone Lots 1 and 2, Wilkins Addition from Open Development District 7/7/63' to Multiple Residence DistrikttR-4, Lewis had proposed that a 23-unit apartment building be constructed on the property, but the Planning Commission had advised petitioner that it would consider a smaller structure of six or seven units for that property , JUNE. 21. SCHEDULED AS, HEARING DATE ON OLSEN, SCHHELZ AND MRACHEK, VARIAIJCES. motion of Tupa, seconded by MacMillan and unanimously carried, the following requests for variances were scheduled for June 21, 1965: W. J, Olsen request for side yard variance at 4220 Valley View Road; A. J, Schmelz request for front yard variance 'on West 70th Street, and L, Mrachek request for reverse frontage on Lot 32, Block 1, Brookview Heights 1st Addition, ly1j~,l-z"5 On v PROPOSED ZONING ORDINANCE AMENDMENTS TO BE HEARD ON JUNE 21, At the recommendation of the Planning Department, it was moved by V?nValkenb.urg, seconded .by Tupa'and unanimously carried that public hearings be held on June 21, 1965, to consider amendments to the Zoning Ordinances, as recommended by the Planning CommJssion, The amendments provide for additional requirements for the zoning and construction of buildings in the R-2 District, a new commercial district, and a definition of the uses and restrictions in the Office Building District. COUNCIL APPROVES -@NNEPIN ,COUNTY HIGHWAY PLAN FOR INTERCHA mROSSTOWN HIGHWAY. the proposed plans for the interchange at County Road 18 and Crosstown Highway for Council approval on May 7, 1965, property owners be given opportunity to review the plans, were all notified that the plans would be available at the Village Hall, but none of the property owners had been into the Engineer's office to review them, McCauley, who owns property on the southeast corner of the intersection questioned the pattern of service roads and approaches, and Mr. Hite explained the various means of access and egress, Mrs, Anderson, who awns property on the northeast corner of the intersection inquired about the method of purchase of land for the project, stating that the land remaining after the acquisitions necessary for the interchange are completed would be only the low and swampy areasI 14r. Hite explained that the Highway Department would take into consideration the cost of fill necessary for the low-lying areas if they condemn the higher areas which would otherwise provide the fill. but that the County may be amenable to the proposal that they provide the necessary fill when the construction is begun, northeast corner of the intersection stated thatit did not appear that the service and access roads on the northeast corner were adequate to accomodate possible non- residential development, secondary roads at the intersection in order to protect the existing residential development. Wo further questions or proposals were heard, VanValkenburg then offered the following Resolution and moved its adoption: Mr. Hite explained that the County Highway Department submitted At the time, it was decided that the affected Mr, Hite explained that they Mr. John Playor Bredesen stated that the Village was not involved in the land acquisition Mr. Robert Hanson, owner of property at the Mr. Hyde stated that it was not intended to install extensive I 120 6/7/65 RESOLUTION APPROVING BEVISED LAYOUT 8B FOR INTERCI-MGE: AT J T.H. 169'WITH CSAHS 18 AND 62 IJHEEAS , the Hennepin County Highway Department has prepared preliminary plans for the improvement of the intersection of T.H. 169 and Couniy State Aid Highways 18 and 62, within the corporate limits of the Village of Edina; and WHEREAS, said preliminary plans are on file in the office of the Highway Department, Hennepin County, being marked as Layout 8B for Interchange at T.H. 169 with CSAHs 18 and 62; and WEREAS, copies of said preliminary plans as so marked, labeled and identified are also on file in the office of thevillage Clerk; and WHEREAS, the term "said preliminary plans1' as hereinafter used in the body of this Resolution shall be deemed and intended to mean, refer to, and to incorporate the preliminary plans as in the foregoing recitals particularly identified and described; theintersection of T.H. 169 and County State Aid Highways 18 and 62 within the corporate limits of the Village of Edina be and hereby are approved, Motion for adoption of the Resolution was seconde THEREFORE, BE IT RESOLVED that said preliminary plans for the improvement of ORDINANCE - NO,. 33A-2 FIRST READING, 14anager Hyde presented to the Council a draft of przsed Ordinance No, 338-2, which regulates the size of private dog kennels and provides further conditions under which an animal may be impobnded and destroyed, No discussion was heard on the proposal. Ordinance for First Reading: VanValkenburg then offered the following ORDINANCE NO, 33A-2 AN ORDINANCE ANEMDING ORDINANCE NO. 33A, RELATING TO THE KEEPING OF DOGS INLTHE VILLAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, t*iINNESOTA, ORDAINS: Section 1. to read as follows: "Section 1. person owning, harboring or keeping a dog," Sec. 2. "Sec. 16, Section 1 of Ordinance No. 33A of the Village is hereby amended As used in this ordinance, "owner" means any Definition of Owner. Section 16 of said ordinance is hereby amendedto read as follows: Confinement or Destruction of Certain Animals ; Impounding .of Animals Animals in heat shall he kept confined in an enclosure which to D.eTermine. i€. Rabid. prevents their eseape or the entry therein of other animals. likely to cause injury to any person shall either be destroyed or be so confined in an enclosure that they cannot harm persons and that they cannot readily be released therefrom by small children, impound any animal not confined as herein required, in the manner described in Sections 9 through 13 hereof. least 10 days separate and apart from other animals under the supervision of a licensed veterinarian until it is determined whether the animal had or has rabies. animal is found to be rabid, it shall be destroyed; if it is found not $0 be rabid, it shall be returned to the owner provided the owner shall first pay for the cost of keeping it. If the owner does not pay such cost within five days after he has been notified to claim or retrieve his animal, the animal may be disposed of as provided in Section 13,l' and destroyed, provided, however, that such animal may be immediately killed if with reasonable effort it cannot first be taken up and impounded, is impounded, it shall not be destroyed if the owner makes provision for a suitable quarantine for a period of not less than six months, or proof of immunization is furni'shed and booster injestions are given by a licensed veterinarian at the expense of the owner." Sec. 3. read as follows: "(d) at any place, except in a licensed pet shop or licensed animal hospital," Sec, 4. passage and publication according to law. Animals of vicious habits The police officers of the Village shall take up and "Any animal that has bitten a person shall be taken up and impounded for at If the I'Any animal known to have been bitten or exposed to rabies shall be picked hp If such an animal I Paragraph (d) of Section 17 of said Ordinance is hereby amendedto No more than two animals over six months of age shall be kept or harbored This ordinance shall be in full force and effect from and after its 6/7/65 121 ORDINANCE NO. 51-B ADOPTED AFTER SECOHD READING, Manager Hyde stated that the proposed Ordinance , which adopts the 1964 edition of the Uniform Building Code was questioned by the Village Attorney on certain provisions regulating surface water drainage . Reading and adoption of.the following amendment: as follows: "Surface Water, Denial of Permit, The Building Inspector shall deny a permit for construction or enlargement of a dwelling on ground which is too low for adequate drainage of surface waters .IF : MacMillan then offered the following .Ordinance for Second Section 6 is changed to read ORDINANCE NO. 51B ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENTy USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, PROVIDING PENALTIES FOR THE AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTIOI? , ENLARGEMENT, VIOLATION THEREOF, AND REPEALING ORDINANCE NO, 51A AND AMENDMENTS THERETO THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Uniform Building Code Adopted, There are hereby adopted and incorporated herein by reference, as an ordinance of the Village of Edina, the documents entitled "Uniform Building Code, 1964 Edition, Volume 1 ,I1 and "Uniform Building Code (Standards ) of Building Officials, but excluding Section 203 of the main body of said Code, 1964 Edition, Volume 111 both published by International Conference - - See. 2. Uniform-Building Code on File, Three copies of said documents, marked llOfficial Copy" shall be filed in the office of the Clerk prior to publication of this ordinance, and shall remain on file in said office for use and examination by the public. The Clerk shall furnish copies of said documents at cost to any person upon request , understood to refer to "Village Council .ll Building Code, Volume 1: Sec. 3, Construction of Codes . Whenever used in said Codes, ltCitylt shall be and "City Council11 shall be understood to re€er to Sec. 4. Changes in Code. The following changes are hereby made in said Uniform (a) (b) The maximum amount of the fine provided in Section 205 shall be $LOO, The last sentence of paragraph (c) of Section 301 is deleted and the "When required by state law, plans and specifications shall be prepared and designed by an architect or qualified engineer licensed by the State of Minnesota to practice as such," (c) Paragraph (d) of Section 301 shall be amended to read as follows: following sentence substituted therefor: "(d) Information on Plans and Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be accompanied by specifications of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant Laws, ordinances, rules and regulations. .The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared then. may approve references on the plans to a specific section or part of this Code or other ordinances or laws. "Plans shall include a survey of the 10% upon which the proposed building or construction is to be done, prepared and attested by a registered surveyor, and In lieu of detailed specifications, the Building Official - -- -- the following information: Scale of drawing. Lot and block number Dimensions of lot and north point. Dimensions of front Locations of all existing buildings on the lot, Location of proposed building or construction , Location of stakes established by the surveyor along each side lot line a distance of 30 and 60 feet from the front lot corner, The maintenance of these stakes once established by the surveyor shall be the responsibility of the building permit applicant, The side yard and set back dimensions of buildings located on adjacent lots, The 1ocation.of all easements as shown on record plats. Grade elevations at the following points : a. Each lot corner (either existing or proposed). b. Crown of proposed street at each lot line extended, C. Proposed lawn and driveway elevations at the street side of house. Such elevations may be based upon an assumed datum but shall be tied by the surveyor to a specified bench mark for which the elevation has been obtained from the Village Engineer's office, The proposed disposal of drainage and surface waters of surface water drainage by arrows." rear and side yards. indicating direction ' (d) The first sentence of following substituted therefor: 6/7/65 paragraph (a) of Section 303 is .deleted. and .the. llBuildingrqit. Fees . Buildings designed Buildings designed Buildings designed for Group l Occupancy - $16.00 for the first L,OOO cubic feet plus $LOO for each additional 1,000 cubic feet or fraction thereof , fraction thereof . Minimum fee of $35.00, for A through H Occupancy - $1.40 per 1,000 cubic feet or for J Occupancy - $11.00 for first 22,000 cubic feet or fraction thereof plus $.50 for each 1,000 cubic feet or fraction thereof. I For repair, alteration, remodeling or conversion of a building, a fee shall be paid to the Village of Edina as follows: $6.50 up to $1,000.00 construction cost plus $2.00 for each additional $500 00 . For demolitior of a building, a fee shall be paid to the Village in the amount of $10.00 before work commences. A plan checking fee shall be charged for all work with a valuation of $100,000~00 or more at the rate of one-half the building permit fee";1 (e) . Section 303 is amended by adding thereto a fu~her paragraph (c), reading "(c) Refund of Fees, Upon return of a building permit to the*ViUage by as follows: the holder thereof, with proof satisfactory to the Building Official that no construction, was undertaken pursuant thereto, he shall refund to the holder the building permit fee paid by him, except that 5% of the fee paid or $25.00, whichever is greater, shall be retained by the Village. A refund on similar terms shall be made in such cases of any plan checking fee paid under subsection (b) hereof, except that no refund shall be made if the Village has caused the plans to be checked." (f) The first paragraph of Section 2202 is deleted and the following substituted:' I'Tjrpe V buildings shall have exterior walls covered with solid' sheathing as specified in Section 4, subsection (h), of Ordinance No, 51B of the Village of Edina * (9) The first vertical column of figures appearing immediately next to the description of roof members in Table No. 23B included in Section 2305 is changed as follows : Change 20 to 40; Change 16 to 30; and Change 12 to 20. I. The second and third vertical columns shall be disregarded. Compliance with said amended roof live load capacities shall be deemed adequate for snow loads. In subsectiqn 4 of sub- section (b) , delete '!Except for one-story detached buildings of Group J occupancy, where twenty-four inch (24") spacing may be used," Subsection 2 of subsection (f) is deleted and replaced by the following: (h) The following changes are made in Section 2507: Subsection (c) is deleted, "2. Sheathing, All exterior wood stud walls shall be sheathed with wood boards, plywood or asphalt-impregnated wood fiber board, Sheating, if of wood, shall be covered on the outside face with one layer of waterproof building paper, If wood boarding or shiplap is used, the minimum thickness shall be 5/8". If plywood sheathing is used, the minimum thickness shall be 1/211 and if sheathing of fibepboard is used, it shall be 25/32" thick. nailed to each stud with not less than one nail, or to solid nominal wood sheathing with not less than one line of nails spaced not more than 24." on center in each piece of the siding. located as to hold the bottom of the siding secure and thereby to hold tight the top of the piece below. fqhere such nailing is not possible, two nails to each stud shall be used to hold e.ach piece . All siding shall be securely Nails shall be so . - Sec. 5. &ointment of Board of Appeals. The Mayor shall forthwith proceed to carry out the provisions of Section 204 by appointing five qualified members of - - the Board of Appeals'created by said Section. Sec. 6. Surface Water, Denial of Permit, The Building Inspectar shall deny a permit for construction or enlargement of a dwelling on ground which is too low for adequate drainage of surface 1 wat.ers . Sec. 7. Repeal. Ordinance No. 51A ofthe Village, known as the Building Code of the Village of Edina, Minnesota, and all amendments thereto are hereby repealed; provided, however, that all the provisions thereof shall continue to be 'applicable. permit has been is'sued thereunder and (a) to all construction not completed (or not begun),'but for which a building 6/7/65 * (b) to construction for which no building permit has been issued, but costs have been incurred by the builder prior to the effective date of this ordinance in reliance on the provisi6ns of said ordinance No. SLAY so that to apply the provigions of 1964 edition of the Uniform Building Code to the proposed construction would wrirrk a hardship on the builder applying for a building permit ; however, the building permit application and fee.s and building inspections shall be as provided in Chapter 3 of said Code (Volume 11, as amended herein. publication Sec. 8. This ordinance shall take effect immediately upon its passage and PETJTIONS RECEIVED. carrrthe fo11;;lfSing petitions were accepted and ordered referred to Engineering for scheduling:. Oiling: Belmore Lane - Blake Road to John Street; Josephine Avenue - West 64th Street to West 65th Street; Belmore Lane - Harrison Avenue to Jackson Avenue; Monroe Avenue - Belmore Lane to Maloney Avenue; Sherwood Avenue - West 65th Street to West 66th Street; West 65th Street - Sherwood Avenue to P.H. LOO; Wilryan Avenue - West 64th Street to West 65th Street . Watermain and Sanitary Sewer Extensions: Avenue; York Avenue - West 69th Street to West 66th Street. On MacMillan' s motion, seconded by VanValkenburg and unanimously West 69th Street - France Avenue to York COUNCIL GRANTS N,S.P. UNDERGROUND EASEMENT IN EDINA VALLEY ESTATES. presented a request by Northern States Power Company for a ten foot underground easement in a lot owned by the Village, Outlot 1, Edina Valley Estates. discussion was offeeed and MacPlillan moved that the Northern States Power Company request for easement be approved, carried. Manager Hyde No Motion was seconded by Tupa and unanimously PROPOSED ,,CONTRACT WITH LAKE CONFERENCE FOR USE OF ICE A,REMA. the Council that the Village Attorney had recently completed a revised contract Manager Hyde informed proposal to be submitted to the Lake Conference for high school use of the ice arena at Braemar Park, .Originally, the proposed contract was for five years with a five year option, five year term with a two year option would be more favorable. concern over allowing for an opportunity to review the proposed 70-30 per cent split of the gate receipts. or not the Village would be required to adjust the division of receipts as long as the Lake Conference was not being over-charged, The Edina-Morningside SchooL District, however, believes a They also expressed Manager Hyde stated that it was questionable whether ICE.A&NA SITE GRADING AND WELL BIDS AWARDED. of bids received on June 7, 1965, for site grading for Braemar Ice Arena. Six bids Manager Hyde presented a tabulation were received, Terry Bros., Inc; being low at $22,640.00; M. E. Kraft Excavating Company, second low at $23,346.00; and J, A. Danens E Sons, Inc., high bidder at $44,330.00. by Tupa, and unanimously carried, that the site grading be awarded to Terry Bros, Inc. for $22,640,00, Manager Hyde then presented a tabulation of bids received on June 7, 1965, for construction of a well to service Braemar Ice Arena, E. H, Renner & Sons being low bid at $3,645,00; and Layne-Minnesota Co. being high at $4,780.00, award €or construction of the Ice Arena well be awarded to E. H. Renner & Sons for $3,545.00. Recommendation was for award to low bidder. MacMillan moved, seconded Five bids were received, ' Tupa moved, seconded by VanValkenburg and .unanimously carried, that the AWA-0. VICTOR CARLSON E SONS, INC. Manager Hyde presented a tabulation of bids, received June 7, 1965, for permanent surfacing of various park play areas, which reflected three bids. Victor Carlson E Sons. Inc. was low bidder at $11,875 00 ; Black Top Service was second low at $13,162.00 ; -and Berglund-Johnson Inc. was high bidder at $15,730.00. Tupa's motion, seconded by VanValkenburg, that the award be made to Victor Carlson & Sons, Inc., was unanimously carried, OAKLAFJN A,EI?UE, TURN-AROUND (E-20) ABANDONED, WILRYAN AVENUE (BA-76 ) APPROVED AFTER CONSI,DERKTIOIJ, OF. STREET SURFACING BIDS. bids, for bids received on June 4, 1965, which covered four different categories of paving projects. BA-75, BA-77, A-161 and B-77; reflected four bidders, Bury & Carlson, Inc. low at $108,161.05; Black Top Service second low at $110,143.20; and Riegger Roadways, Inc. high bidder at $128,439.00. Proposal B, for Improvement No. BA-68* reflected three bidders, Riegger Roadways, Inc. low at $169,746.00; Black Top Service second low at $176,890.00; and Alexander Construction Company, Inc., high at $177,905.10. Manager Hyde presented a tabulation of Proposal A, for Improvements NOS, BA-69, BA-72, BA-73, BA-74, f I 6/7/65 Proposal C, for Improvement E-20, received three bids, Arnold Bechman low at $6,410.00 ; Victor Carlson E Sons, Inch second low at $7,625,00; and Black Top Service high at $7,645.00. Service low at $7,522.50; Bury E Carlson, Inc. second low at $7b737420; and Alexander Construction Company high at $10,240 50 . low bidder, Bury E Carlson, Inc, at $108,L61,05; Proposal B for award to,fiegger Roadways, Inc. at $169,746400, after having received a promise of the low bidder that this project would be of better quality than previous jobs performed for the Village; Proposal C for rejection of all bids because the unit price would be too high for the,abutting property owners to accept; Proposal D for award to low bidder, Black Top Service Company at $7,522,50, if the Council decided to continue Improvement ' Proposal D, for Improvement No, BA476, received four bids, Black Top Hanager Hyde reported that the recommendations were: Proposal A for award to 3A-76 4 Property owners on Vilryan Avenue, affected by Improvement BA-76, were present to discuss the possible abandonment of the project. dissenting property owners were present at the original Public Hearing on the Proposed Improvement two months previously, and the Improvement was ordered at that time. affected property owners stating their opposition to the improvement. speaking for the persons opposed to the improvement were l4essers Atkinson, 6336 Wilryan Avenue, Butler, 6353 Wilryan Avenue, and Juhl, 6340 Wilryan Avenue. They explained that their opposition was not necessarily against the project, but that they preferred to have the whole area completed in one job, not a block at a time, which the present proposal represented. Manager Hyde and Hayor Bredesen explained that several years ago the.Village proposed to pave the entire area but was met with such hostile and abusive Qpposition that it was determined that only projects petitioned for would be considered, They explained that the unit cost for thi's project, according to the bid received from Black Top Service Company, was quite favorable and that it was unl5kel.y that a lower price could be obtained even if the whole area were included. Avenue, Alrick, 6337 Bilryan Avenue and Mrs. Larson, 6329 Nilryan Avenue, spoke for those in favor of the project. appearance of the neighborhood could not be coprected shopt of permanent surfacing. Moreover, they asserted, it was unlikely thst merely paving a portion of the street next to the Crosstown Highway and leaving the lower portion of the street unpaved would deter traffic from the street. Tupa then moved, seconded by Macklillan, and unanimously carried, that Proposal A be awarded to Bury E Carlson, Inc. at $108,161,05, Proposal B be awarded to Riegger Roadways, Inc, , at $168,746r00; and that Proposal C bids-be rejected and Improvement No. E-20 be abandoned, of Sept. 6, 1966, page 193, Minutes Book 29) MANAG.E.R DIRECTED TO RETAIN PROFESSIONAL CONSULTANT FOR LIBRARY hip, PARKING- RAMP IN ARE-A PF NEST.. 5OTH STREET. ,MD FRANCE AVENUE. Mayor Bredesen suggested to the Council that the Manager be directed to retain an architect to assemble data in preparation for construction of a new library building at the present site at West 50th Street and Library Lane, parking ramp to accomodate employees of, the area and possibly library patrons. Hayor Bredesen stated that the building should be strictly a library with no additional facility for community rooms and the like,, that' the Hanager be directed to employ the necessary consultants to provide preliminary data and'estimates for the construction of a new library building and parking ramp. bfanager iiyde reported that no Shortly after the Hearing a petition was received from the majority of the Residents tiIessers Perkl, 6324 Wilryan Avenue, Kuntz, 6342 Wilryan They stated that the dust problem and unsightly (Corrected pursuant to Ninutes ~ Also involved would be the consideration of a VanValkenburg then moved SCHAEFER ROAD- JJATER AND SEWER SCHEDULED FOR HEARING ON REVISED PROPOSAL * JUNE. 21. blr. Nark Dahlquist, 5012 Schaefer Road, requested the Council to reconsider the proposed improvements to Schaefer Road-ordered on May 17, 1965. that without substantial financial changes the properties on Interlachen BLvd. and Schaefer Road could be serviced with sewer and water without. extending the. facilities the entire lensh of Schaefer Road, He statkd that the future expansion potential of the systems could be installed at this time, and requested the Council to schedule a new hearing on the matter, MacMillan offered the following Resolution and moved its adoption; He represented RESOLUTION PROVIDING FOR PUBLIC HEARING .- ON SANITARY SEWER AND WATERMAIN BE IT RESOLVED by thel'Viliage of Edina, Edina Village Council: as to the feasibility of the proposed Sanitary Sewer and Watermain described in the form of Notice.of Public Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed in the office of the Village Clerk; Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements ; 1. The Village Engineer, having submitted to the Council a preliminapy report 2. This Council shall meet on Monday, June 21, 1965, at 7:OO P.L, in the 1. 6/7/65 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from the date of said meeting, and to mail notice to all affected properties. not later than ten days from the date of said meeting, which notice shall be in substantially the following form: VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARINGS SANITARY SEWER AND WATERHAIN EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, June 211 1965, at 7:OO P.M., to consider the following proposed improvements to be constructed under the aughority granted by Minnesota Statutes 1961, Chapter 429. cost of said improvements are estimated by the Village as set forth below: The approximate - - ESTIMATE OF COST 1. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: Schaefer Road from Interlachen Blvd. to 850 feet south, and on an easement line from Interlachen Blvd. to 355 feet, more or less, north 2 . CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING: Blake Road from Waterman Aver to easement line On an easement line from Blake Road to Interlachen Blvd. and Schaefer Road $26,971.11 Schaefer Road from Interlachen Blvd. to 480 feet south $11 8 896 6 22 The area proposed to be assessed for the cost of the proposed sanitary sewer under 1 above and the proposed watermain under 2 above includes Lot 1, Block 1, Wayne Terrace; Lots 11 thru 14 incl., and Lots 19 thru 27 incl., Auditor's Subdivision #325; Block 28, Mendelssohn Addition; Lots 4 and 5, Blo'ok 1, Harold Woods Addition; and Lots 1 and 2, Block 1, Harold Woods 2nd Addition, Florence Hallberg Village Clerk Motion for adoption of the Resolution was seco 1YIINUTE.S- ,OF. JU-1964ARRECTED. On Tupa's motion seconded by IvIacMiLlan and unanimously carried, a typographical error in line 3lS page 130, of the Minutes of the Regular PIeeting of June 21, 1964, relating to Storm Sewer 84, was corrected from I.)$. 0008152'1 tQ 1'$.008152+11 FINANCIAL, ,VPORTS ACCEPTED. Treasurer's Report of April 30, 1965 , and Liquor Fund Reports of March 31 and April 30, 1965, be approved and ordered placed on file, was unanimously carried. IMacMillan' s motion, seconded by VanValkenbwg, that the A-iVNU~AL AUDIT @PORT. .WCEIVED, Report for year ending December 31, 1964. by MacMillan and carried, CLA,IMS, PAID. of the following Claims as per Pre-List dated June 7, 1965, and the following listed Claims: General Fund, $12,781.08; Construction Fund, $2,557.75; Park, Park Construction, Swimming Pool E Golf Course Funds, $11, 939.79; Water Fund, $14,095.90; Liquor Fund, $83,920.86; Sewer Rental Fund, $514.11; Poor Fund, $301.00; International City Managers' ASSOC,, $110.00; Bloomington Bus CoIY $125.00; Hallman Oil CO., $322.62; Village of Edina, Change Fund, $100.00; United States Rubber Company, $833.00; Pattee Architects, Inc, $161.59 ; Contin- ental Safety Equipment, Inc. $56,15; Animal Rescue League, $1,157.00; Xerox, $257.49; Mildred Maxwell, $350.00; Robert J. Pugleasa Cob, $224.67; Johnson Paper and Supply Co., $557.36; Equipment Parts and Service Company, $157.03; National Chemsearch Corp,, $229.62; Lindig Manufacturing Co., Inca$ $33.11, Dorothy Lo and Earl L. Niederloh, Manager Hyde presented to the Council the Audit Tupa moved that it be accepted, seconded Motion by Tupa was seconded by MacIYIillan for confirmation of payment $2,000 . 00; Industrial Lighting Supply, Inc. $2,000.00. The Meeting's agenda having been covered, Macidillan's motion for adjournment was seconded by VanValkenburg and carried. Meetin