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HomeMy WebLinkAbout19680701_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, JULY I, 1968 u3 Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValkenburg, and Mayor Bredesen. MINUTES of the meeting of June 17, 1968, were approved as corrected by motion of Councilman Johnson, seconded by Councilman Courtney and-carried. Councilman John- son's correction was that the reason he voted "nay" on Ordinance No. 261-163 was because he did not feel that it was appropriate to rezone property industrial immediately adjacent to R-1 zoning. HUMAN RIGHTS ORDINANCE NO, 4 GRANTED FIRST READING. Rights Ordinance for First Reading, stating that it follows the recommendations of the Ad Hoc Committee and has been discussed with the school attorney, This ordin- ance as proposed follows the provisions of the proposed joint powers agreement between the Village and the School District. There is, however, one major addition - to the provisions, in that additional powers and duties are given to the Commission - in recognition of the fact that under the revised state law, the Village Human Rights Commission may be called upon to conduct hearings, determine facts, issue reports, etc,, either because a complaint is filed directly with the Commission by an indfvidual or because a case is referred-to the local Commission by the State Commissioner of Human Rights. It was recommended that the ordinance further stipu- lates that the Commission shall tranmit copies of all meetings to the Mayor and the Chairman of the School Board. Discussion ensued as to the provisions of the State Statute with reference to the referral of cases for investigation by the local Gommission. subject to the interpretation of the Village Attorney with reference to the method by which charges are to be handled. noted that he thinks it is sad that this ordinance is necessary and that he hopes that citizens of Edina are intelligent, thoughtful and loving enough so that there will never be a need for a complaint. The roll then being called, there were five ayes and no nays and Ordinance No, 4 was granted First Reading as follows: AN ORDINANCE ESTABLISHING A LOCAL HUMAN RIGHTS COMMISSION IN THE VILLAGE OF EDIHA, Mr, Hyde presented the Human Councilman Courtney then offered Ordinance No. 4 for First Reading, Before calling for a vote, Mayor Bredesen ORDINANCE NO. 4 - AND DEFINING ITS POWERS AND DUTIES WHEREAS, it is the public policy of the Village Council of the Village of Edina and the School Board of Independent School District No. 274, Minnesota, to secure for all individuals in the,community, freedom from discrimination because of race, color, creed, religion, or national origin, in connection with employment, housing and real property, public accommodations, public services, and education, and Department of Human Rights and other agencies in their programs of human rights, and improve the human.relations climate of the community, - WHEREAS, the Village Council desires to cooperate with the State of Minnesota WHEREAS, the Village Council and the School Board also jointly desire to NOW, THEREFORE, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Establishment and Purpose of Human Rights Commission. The Edina Human Relations-Commission is hereby established to aid and advise the Village Council and the School Board of Independent School District No. 273 in securing-for all individuals of the community, freedom from discrimination because of race, color, creed, religion, or national origin in connection with employment, housing and real property, public accommodations, public services, and education, to assist in the implementation of such programs as shall be undertaken by said Council and Board, and to carry out the investigative, study and report-making and all other functions assigned to local human rights commissions by Minnesota Statutes, Chapter 363, as amended. all appointed by the Mayor with the approval of the Village Council, but 7 from a list of candidates prepared by.the Mayor and Gouncil, and 7 from a list presented to the Council by the School Board. The former list shall include one Edina resi- dent who is a high school or college student, one member of the Council, and five other residents; the latter list shall include one Edina,resident who is a high school student, one member of the School:Board, and five other residents. of the Commission shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers.and duties vested in and imposed upon the Commission. years, except for the high schgol or college students and elected officials who Sec. 2. Membership of Commission. The commission shall consist of 14 members, Members Members of the Commission shall be appointed for terms of three I 7/1/68 1'' ~ , ' ~ shall -e appointe for terms of one year each. From the f-ve remaining candidates on each list, one shall be appointed for a term of one year, two for a term of two years, and two for a term oftthree years. Upon expiration of his term in office a member shall continue to serve until his successor shall have.been appointed. Any person appointed to fill, a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such Whenever the term of a member originally proposed by the School Board ex- pires, or such member-vacates his office, his successor shall likewise be chosen from a list of candidates presented by the School Board. shall serve without compensation and may resign voluntar office by majority bote of the Village Council. programs and policies of the Village of Edina-and Independent School Districc - No. 273, and aid and advise the Village Council and School Board on active pro- grams of education, community policy and action directed to create for all in- dividuals the opportunity?to obtain employment, housing, and other real estate, and full and equal utilization of public accommodations, public services, and edu- cational institutions without discrimination because of race, color, creed,. relig- ion, or national origin. meetings to the Mayor and Chairman of the School Board. also discharge its duties under Minnesota Statutes, Chapter 363, with regard to specific matters involving discrimination which are.referred to it by the State Commissioner of Human Rights or filed with it by individuals. . - term. Members of the Commission or be removed from Sec, 3. Duties of the Commission. The Commission shall study and review % I The Commission shall transmit copies of Minutes of all The Commission shall Sec. 4. Organization. The Commission shall: . (1) for a period of two years from and after January 1, 1969, Thereafter, such off- icers shall be elected at the first meeting of the year for a term of two years. of its business, '. staff secretary from the Village or School District. such clerical duties on behalf of the Commission as may be assigned by the Chairman. School District. Sec. 5. This ordinance shall be in full force and effect immediately upon its passage and publication. Councilman Johnson remarked that Commissioner Kent had stated that "it is abso- lutely critical that all complaints be referred to the State Department of Hean- Rights." Mayor Bredesen stated that the Village of Edina can do as good a job as State and National officials in this regard. He then pointed out that his remarks at a Council Meeting of May 20 had heen misinterpreted andjthat interested citizens .should think in terms of what Council is trying to do in making honest and loving ef- forts in the Human Rights program. Mrs. Dianne Ferris, a member of the Ad Hoc . Committee, stated that she had attendsd the meeting at which Commissioner Kent had stated that the initial contact should always be referred to the State body, not so much as to take the matter out of the hands of the Local Commission, but so that "trained indestigators could work on a case before it comes to public hearing and reporters would not be apt to publish only one side of a story." Mayor Bredesen asserted that in Edina we have no private hearings or investigations and that the public is not served by any type of meetings which are not open to the public. Elect a Chairman and Vice Chairman at its first meeting who shall serve, (2) (3) Adopt such bylaws as shall be necessary or desirable for the conduct Appoint a Secretary from within.its own group, or request assignment of a The Secretary shall perform . Additional advisory staff may be assigned to the Commission by the Village and the : WILLLAM F. SHARPE R-2 ZONING REQUEST GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the request of Mr. William F. Sharpe for the rezoning of Lot -28 west of the.M. N. & S railroad tracks, and Lot 29 Warden Acres from R-1 Resi- dential District to R-2 Multiple Residential District. a 58,604-square foot tract.of land located on Benton Avenue west of the railroad tracks, with a 50 foot Northern States Power easement along the easterly portion of the site on which a large steel power structure exists. All of the land surrounding the site is zoned R-1 Residential District but because of a.number of adverse conditions, it is felt that R-2 zoning as requested will offer a better solution than the current R-1 zoning could. Mr. Hoisington pointed out - that this property will be ten to twelve feet.lower than Benton Avenue after its reconstruction and the added fill on Benton will make it nearly impossible to install a road and subdivide for R-1 purposes. is adequately buffered from the acljacent R-1 properties by trees and open space and that if the double dwelling faces west as proposed it could take advantage of all of the tlplus* factors of the lot. Letters protesting the zoning changeLhad been received from Messrs, Gerald Sdey, 5408 Countryside Road, Thomas C. Ward, 5916 Hansen Road, Spencer H. Nease; 5809 Hansen Road, Mrs. John Stoddart, 5416 The site in question is I He further noted that the property I' 7/1/68 Countryside Road and Mr. and Mrs. C. F. Leefeldt, 5417 Grove Street. Mr. Leefeldt, Mrs. Stoddart,.Mr. ,yo A. Harmon, 5412 Countryside Road, and an unidentified lady on Countryside Road, all stated that they feared that a precedent would be set and that additional double ' dwellings would be built in the area. dwellings would be permitted in the area, Mayor Bredesen stated that no guarantee could be made and that this zoning was proposed because it is considered by Planning Commission to be the most suitable land use for a most difficult site. He pointed out further that the terrain in the lots In question is unique and that other zoning requests-would be considered on their own merit. Mrs. S. N. Lisle advised Council that she and her hus- band propose to build the double bungalow along with the Sharpes and that they have no intention of renting the property. Mr. Richard Barthelmy, 5500 Benton Avenue, and-Mr. E. W. Williamsen, 5816 Hansen Road, advised that they feel that the proposed double bungalow eill enhance che property. No further discussion being heard, Councilman VanValkenburg offered Ordinance No. 261-164 for First Reading as follows: In reply to a request for a guarantee that no other double ORDINANCE NO. 261-164 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 AN ORDINANCE AMENDING ORDINANCE NO. 261 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries of * Seciion 4 (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is hereby amended by adding the follow- ing sub-paragraph: .. District R- 2 : "(44) Section 2. The West 71 feet of Lot 28 and the East-125 feet of Lot 29, Warden Acres" This Ordinance shall be in full force and effect from , and after its passage and publication according to law. -Councilman VanValkenburg's motion was then seconded by Councilman Cpurtney and on rollcall there were four ayea with Councilman Johnson voting l'nayll* and First Reading was granted to Ordinance No. 261-164. ORDINANCE NO. 261-165 &ANTED FIRST READING. Affidavits of Notice were presented by C.lerk, approved as $0 form and ordered placed on file. Hoisington presented the qequest. of Dr. H. M. Schoening for zoning change located west of Blake Road juqt north of its intersection with Eden Prairie' Road. The propert8 in question has a 152 foot frontage on Blake Road and is wellr in exciess of the 1,500 square foot. minimum required for R-,2 lpts., Zoning in the area consi,sts Pf R-1 to the north, east ,and west and R-2 to the south. lying between Eden Prairie* Road and Vernon Avenue and abutting Blake .Road is zpned R-4 Residential and a 19-unit apartment bui1,d-ing is located ad- . jacent to Blake Road. .The s.ite in quegti0.n 1,ies. bet,ween Blake Road and a small pond .to the west and Mr. Schoenipg's own residence is to the no-rth., This zoning change had been denied by Councj.l$n 1964 because at that time there were some vacant properties in the area and it was feared that if Dr. Schoening was allowed to put up a double bungalow, it would open the door for similar R-2 zonings on other vacant lots. now occupied by sine-family dwellings. approval of the rezoning. be approved, this would be the first double dwelling north of Eden Prairie Road, and inquired if this zoning might be establishing a precedent whereby ..property across Eden PraiFie Road might alsp be granted R-2 zpning in the future. Mr. Hite poin.ted out that a request has a-lready been received by Planning Compliss,ion for, propetty just west of L. E. Jones's homesite, a.nd Eden Prairie Road be zoned R-2 Multiple Residence District.. cussion being heard, Councilman VanValkenburg offered Ordinance No. 261-165 for First Reading as follows: - Mr. - from R-1 Residential District ,to R-2 Residenti,al Djstrict for a parcel Three doubles occupy the lots. south of this site. The property . These vacant lots are Planning Commission has recommended Councilplan Johnson noted that if R-2 zoning should . advised Council that Planning Commissioqhas rec.omme.nded that all land along No further dis-, ORDINANCE NP . 261-165 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 , AN ORDINANCE AMENDING ORDINANCE NO. 261 - MULTIPLE RESIDENCE DISTRICT - THE VILLAGE COUNCIL OF THE VQLAGE, OF EDINA, MINNESOTA, ORDAINS: I 128 .Secticm 1. Paragraph 1, Multiple .Residence District Boundaries of Section 4 (Multiple Residence District) of Ordinance No. 261 of revisedeordinances of the Village of Edina, is hereby amended;by adding the following sub-paragraph: Commencing at the most Easterly S.E. Corner of Tract A, Registered Land Survey No. 345; thence Southwesterly at a deflection angle to the right from the East line of said Tract A 5lo0O1 a distance of 151.7'; thence Northwesterly at a deflection angle to the right of 96*46I a distance of 80'; thence Northeasterly at a deflection angle to the right-of-way of 40°341131511 a distance of 45'; thence North- easterly at a deflection angle to bhe +right of 40°22'0'311 a distance of 205' to the East line of said Tract A, said point being 152' North of the point.of beginning; thence South along the East line - of said Tract A to the point of beginniag." Di strict R- 2 : ":(45) . c I - * Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for granting First Reading to Ordinance No. 261-165 was seconded by * Councilman Shaw and on rollcall therd were four ayes with Councilman Johnson voting "nay" and First Reading was so ordered. REPUT OF LOT 6, BLOCK 8, LA BUE" VISTA ADDITION APPROVAL CONTINUED. Upon recommendation of Mr. Hite, public hearing on preliminary plat approval for Replat of Lot 5, Block8, LaBuena Vista Addition was continued to July 15, 1968, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. Robert Gould, attorney. representing the developer, questioned the continuation and-was advised that this action was taken because mailed notices had not been sent. Mayor Bredesen pointed out that mailed notices are not required by law, but that it has been the policy of the Village to mail notices for all prelim- in this case because of the history of conce-rn expressed on this lot in the past. Mr. Frank Porter, who stated that he owns property three lots away from the sub- division in question requested that the matter be referred back to Planning Commission. ing. Mr. . inary plat approvals. Mr. Hite pointed out that this is especially important He was advised that this action might be taken at the public hear- .. WASHINGTON AVENUE--COUiiTY ROAD IMPROVEMENTS BIDS AWARDED, SUBJECT TO EXECUTION OF COST SHARING AGREEMENT WITH EDEN PRAIRIE. Mr. Hyde presented-tabulation of thirteen bids received for Watermain No. 228, Sanitary Sewer No. 266, Storm Sewer No. BA-127 and Grading andSGrave1-ing No. C-94. Tabulation for Watermain No. 228, Sanitary Sewer No. 266, Storm Sewer No. BA-127 and Grading and Gravel- ing No. C-94. Tabulation for Watermain No. 228, Sanitary Sewer 266 and Storm Sewer No. BA-127 (Proposal A) showed Phelps-Drake Co., Inc., low bidder at $297,-370.90; G. L. Contracting, Inc., second low bidder at $301,737.25, Peter Lametti Canstruction Co. third low bidder at$310,915.39, and Minn-Kota Excav- ating, Inc., high bidder at $357,216.03 as against Engineer's estimate of $363,194.30. J. A. -Danens & Son, Inc., low bidder at $11t,664.43, Park ConstructLon Co. second low bidder at $135,044.00, C. S. McCrossan, Inc., -third low bidder at $223,*713.00 and Carl Bolander & Sons Co. high bidder at $1,476,507.00 against Engineer's estimate of $163,613.00. Councilman Johnson's motion for award to recommended low bidder in both cases, subject to execution of a cost sharing agreement with Eden Prairie, was seconded by Councilman VanValkenburg and unani- mously carried. I W. 58TH STREET STORM SEWER CONTRACT AWARDED. and presented at the Council Meeting of June 17 for the W. 58th Street Storm Sewer, award of contract having been continued to this meeting. bids showed G, L. Contracting, Inc. low bidder at $2,780.30, Orfei & Sons, Inc., second low bidder at $3,024.00, Nodland Associates, Inc., third low bidder at $3,386.00: and high bidder Suburban Sewer &Water, Inc., at $6,000.00 as against Engineer's estimate of $3,690.00. Mr. Hyde recommended award to low bidder, G. L.-Contracting, Inc.., and proposed that the costae paid from General Funds and reimbursed ,from State Aid Funds when W. 58th Street is improved. VanValkenburg's motion for award of bid as recommended by the Village Manager was seconded by Councilman Shaw and carried. Tabulation for Grading & Graveling No. C-94 (Proposal B) showed F. I Mr. Hyde reviewed bids received Tabulation of Councilman II D-X CAR WASH OPERATION CONSIDERED. Mr. Hyde called attention of-Council to a letter from Mr. Fred 0. Watson opposing the car wash operation proposed to be operated by D-X Oil Company at its station at France Avenue at W. 54th Street for which a building permit has been issued. Mr. Hite pointed out that this 7/1/68 is not a car wash in the usual sense, that it is a single car operation and that the only question is one of stacking space inasmuch as car wash is a permitted use in the C-4 District which the property is zoned. In reply to the contention of Mayor Bredesen that Council should have been consulted before the building permit was issued, Mr. Hite stated that the operation -will be observed and that the permit could be revoked if a stacking problem should occur. Ordinance is being violated by not providing adequate parking and stacking to operate a car wash and the operation could also be controlled by the traffic ordinance if cars are stacked on the street. Mr. Hite fucther ind- icated that two other similar applications have been received but that approval out that D-X is advertising a self-service car wash which will take thirty seconds and noted that if this car wash is approved other gas stations in the Village will follow suit. ation. actually covered by the ordinance and that the question is whether this is a filling station with a car wash or a car wash that sells gasoline. suggested that a legal definition is needed which would state the difference between a "car wash" and a '!service station" and also that the ultimate solu- tion is a clarification of the ordinance. .present car wash ordinance is one of the most restrictive in the country. Councilman Johnson suggested that it could be stated for the record that it was the intent when the ordinance was enacted in 1965 that this type of operation was a car wash and, therefore, had to comply with the car wash ordinance. Councilman VanValkenburg then moved that the owner of this par- ticular building be advfsed that it was not the intention of the Council in drafting the ordinance that a car wash could operate without meeting the ordinance requirements and to further instruct the Village Attorney to fur- nish Council with language that will help in this situation and provide a solution if this type of problem should present'itself in 'the future. motion was seconded by Councilman Johnson and unanimously carried. ASPEN- ROAD STORM SEWER PETITION was accepted and ref erred to the Engineering Department for processing by motion of Co,uncilman Johnson seconded by Coun- cilman Shaw and carried. This revocation could be made by charging that the Zoning , is being withheld until the D-X operation can be observed. Mr. Watson pointed Mr. VanDoren also appeared to protest this oper- Mr. Hyde noted that this is a new type of operation which is not He He further pointed out that the The SHERWOOD AVENUE STREET VACATION ABANDONED. itioner, Mr. Russell J. Gerde, had requested that the vacation of Sherwood Avenue between W. 64th Street and the Crosstown Highway be abandoned, Coun- cilman Johnson's motion that the vacation hearing be cancelled was seconded by Councilman Shaw and carried. COLONIAL GROVE FOURTH ADDITION TRANSFER OF PARK LANDS APPROVED. Mr..Hite advised Council that it is proposed to exchange a portion of park lands owned by the Village in Colonial Grove Fourth Addition for property owned by John E. and Callie M. Bloomberg as recommended by the Park Board. The Village Attorney having drawn the proper "Contract. for Exchange of Real Prop- erties," Councilman Shaw offered the following resolution and moved its adop- tion: - RESOLUTION Village of Edina acquire certain land situated in the Village of Edina, said property being described as follows, to-wit: Outlot 1, in COLONIAL GROVE SIXTH ADDITION, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. WHEREAS, in order to acquire said property the Village of Edina proposes to enter into that certain contract providing for an action to be brought by John E. Bloomberg and Callie M. Bloomberg, husband and wife, at the expense of John E. Bloomberg, Inc., a Minnesota corporation, to release from the restriction that it be used for park purposes the property situated in the Village of Edina and described as follows, to-wit: Upon being advised that the pet- WHEREAS, it is necessary, advisable and in the public interest that the That part of the tract of land designated as PARK in the duly recorded plat the most Northerly corner of Outlot 1, COLONIAL GROVE SIXTH ADDITION, to the most Easterly corner of Lot 8, Block 2, COLONIAL GROVE SIXTH ADDITION, and there terminating, all according to the recorded plats thereof, Hennepin - of COLONIAL GROVE FOURTH ADDITION lying Northwesterly of a line drawn from - County, Minnesota, but subject to an easement for flowage purposes over a part of the above de- scribed property; 7/1/68 WHEREAS, a copy of said contract,is attached hereto and made a part-of NOW, THEREFORE, BE IT RESOLVED, that the Village of Edina proceed to this resolution. procure the above first-mentioned lands and said flowage easement pursuant to the terms of the aforementioned contract, and that the aforementioned contract be and is hereby approved, and that the Mayor and Clerk be instruc- ted and directed to execute said contract and all other documents, do all other acts necessary or desirable to be executed and dom to fully perform and carry out the covenants and agreements of the Village contained in said contract . Motion for adoption of the resolution was on rollcall.there were five ayes and no . ATTEST: .&A & Village Clerk - STORM SEWER ASSESSMENT POLICY ADOPTED FORMALLY. statement of storm sewer assessmen& policy of the Village, noting that this policy reflects the basic thoughts of Council over the past severalyears; Councilman VanValkenburg then offered the following resolution and moved its adoption: - APPROVING STORM SEWER ASSESSMENT POLICY been specially assessed has evoked considerable interest; and basis upon which such assessments have been made and, it proposes, will be made and the reasons for such policy. Mr. Hyde presented a formal RESOLUTION , WHEREAS, the manner in which the cost of storm sewer improvements has WHEREAS, the Council wishes to state clearly and in written form the THEREFORE, the Council finds the following facts : 1, In Edina, storm sewer improvements historically have been financed by specially assessing the cost of the improvement against the benefited area, generally the drainage area, served by the particular storm sewer im- provement rather than from the general funds of theG Village, I 2. The theory of and justification for this approach is that at some -time all property within Edina will be served by one or more storm sewer im- provements to carry off accumulations of surfsce water and that- since it is the deyelopment of property which both contributes to the accumulation of surface water and necessitates its removal, the property within the drainage district which has been or can be developed should bear the cost of the re- moval of the surface water. storm sewer improvements by using general funds would penalize property which has alre- been assessed for storm sewer improvements by increasing the mill rate and would give an unfair advantage to propertyenot yet assessed for 3,. Any.departure from this special assessment approach for financing - storm sewer improvements. - 4. Storm sewer improvements on urban property specially benefit prop- erty within the drainage district in ways other than the obvious one of re- moving surface water from areas in which it formerly accumulated, for exam- ple : < and other public improvements such -as parking lots and parks which could not be accomplished without provision for the removal of storm water; the area served by the storm sewer improvement; systems and the attendant reduction or elimination of breakdown in such systems; a) By permitting the construction of permanent street surfacing b) c) d) e) f) g) By faster and more orderly runoff of water from streets in By the reduction or elimination of seepage into sanitary sewer By elimination of stagnant ponds and the concomitant dangers to By improvement to the appearance of the neighborhood; By permitting the development of former ponding areas; and By the ability to utilize former ponding without thenecessity C I health and safety; .* of regrading which regrading could result in formerly dry areas becoming pond- ing . areas. E whole, it is recognized that some property within the district which was par- titularly affected by surface water runoff may be benefited to a greater ex- -tent than other property within the district by, for example, being able to develop otherwise unbuildable property, eliminating standing surface water, and eliminating erosion by the interception of surface water runoff. 5. Notwithstanding the special benefits to the drainage district as a - Accordingly, the Council hereby adopts as its policy for assessing the cost 7/1/68 131 of storm sewer improvements the following policy: which therefore has been extraordinarily benefited by the installation of a storm sewer will be assessed according to the Village Assessor’s determination of benefit which is attributable to the installation of the storm sewer im- provement, based upon a viewing of the property and his consideration of the special circumstances affecting such property. that the balance of the property in the drainage district has been specially benefited in an amount at least equal to the remaining cost of the installation of the improvement and such remaining cost will be assessed uniformly over the balance of the drainage distrjct on a per square foot basis except that (1) if a building is situated on a single buildable site which is substantially larger than most of the other building sites within the drainage district, the excessive square footage will be assessed at one-half of the square foot rate for the dis- trict or (2) that property which has been permanently dedicated for a use which will not involve its development as building sites, such as a park, will be assessed. 3. The cost of storm sewer installations which serve both areas zoned for single family residences and areas zoned for other purposes will be ass- essed at a higher rate against areas zoned for multiple residential, commer- cial, office and industrial purposes to reflect the proportionaltely higher cost of serving such properties and the higher level of service provided to those types of property. Motion for adoption of the resolution and on rollcall there were five ayes ’ 1. Property that was particularly affected by surface water runoff and 2. In the absence of special circumstances, the Council will presume - ATTEST: - 8Ld4-. Village Clerk SANITARY SEWAGE STUDY WITH BLOOMINGTON APPROVED. Mr. Hite recommended to Coun- cil that, in view of the fact that Bloomington is having the same questions about sanitary sewer capacities as western and southern Edina, the two municip- alities enter into a cost sharing agreement f0r.a study to be conducted by Black and Veatch Consulting Engineers at a cost not to exceed $4,000. The cost of the study is proposed to be divided besween the City of Bloomington and the Village of Edina so that the cost to Edina will be no more than $2,000. Councilman Johnson then offered the following resolution and moved irs adoption: RESOLUTION . I BE IT RESOLVED by the Edina Village Council that the Mayor and Village Manager be authorized to enter into a cost sharing agreement with the City of Bloomington to retain the services of Black and Veatch Consulting Engineers to conduct a study on the sanitary sewage disposal problems of the two municipal- ities at a cost not to exceed $4,000, and exceed $2,000, Motion for the adoption of the resolu on rollcall there were five ayes and BE IT FURTHER RESOLVED that the cost to the Village of Edina shall not ATTEST: - %LL4LL &,h, ’ Village Clerk NINE MILE CREEK STUDY APPROVED. Mr. Hite recommended approval of a study to be conducted jointly with the Nine Mile Creek Watershed District for the creek channel between Mud Lake and the South Village Limits in order to determine the kind, the shape, and the amount of channel which is desirable.. Total cost of the study to be made by Barr Engineering Company will not exceed $3,000 and the share to be paid by the Village will not exceed $1,500. then offered the following resolution and moved its adoption: Councilman VanValkenburg RESOLUTION - BE IT RESOLVED by the Edina Village Council that the.Mayor and Village Manager be authorized to enter into a cost sharing agreement with the Nine Mile Creek Watershed District to study the creek channel between Mud Lake and the South Village Limits; and 7/1/68 --- . > -. - c *- - BE IT FURTHER RESOLVED that the total cost will not exceed $3,000 and the cost to be paid by the Village of Edina Motion for adoption of the resolution was rollcall there were five ayes and no nays il 132 - ATTEST: ~Ld.U Village Clerk b "LAKE MDRNINGSIDE1l FENCING CONSIDERED ADEQUATE. that a letter had been received which experssed concern about the safety of the fence surrounding the pond which was created by the Morningside area storm dewer. replaced with an eight foot fence with barbed wire on top. that in response to a letter which was sent to residents in the area adjacent to the pond asking for comments on the existing fence, all of the replies have recommended that the fence be left as installed and have indicated that the only Ehildren who appear to be climbing the fence are older children who could climb Zi higher fence as well, be installed with barbed wire. Mayor Bredesen noted that he would be opposed to installing barbed wire on Village property. Mr, Hite showed the grade of the pond, stating that normal depth is four feet but that it could be as deep as seven feet in a hundred year storm. out that a child who could negotiate the fence at its present height should be able to handle himself in the water and noted also that he was concerned about the appearance of the facility, which is adjacent to homes and to Weber Park. Mr, Hite noted that Mr, Rosland had inspected the site and felt that the exist- ing fence is adequate. Concern for safety of children was expressed by Council as a whole, but general concensus. of opinion was that the existing fence offers Mayor Bredesen advised Council - The writer of the letter requssted that the present five foot fence be Mr. Hite advised Councilman Courtney recommended that the higher fence With the aid of the view-graph He pointed * I I a reasonable degree of protection, rather than protection against any eventuality,- Councilman Courtney reiterated his desire for the higher fence. No formal action - was taken. P - LOT 10, BLOCK 2, BERTELSEN ADDITION EASEMENT VACATION was set for July 15, 1968, by motion of Councilman.Shaw, seconded by Councilman Johnson and carried. WEST 69% STREET VACATION HEARING DATE SET. August 5 was set for hearing date for vacation of West 69% Street fromFrance Upon recommendation of Mr, Hite, Avenue to Dead End. BOARD OF REVIEW meeting will be held on Thursday, July 11, 1968, at 5:OO p.m. in the Village Hall. - SANITARY SEWER CONNECTION POLICY DISCUSSED. Mr, Hyde recalled to Council that in August, 1966, an ordinance was adopted requiring connection of all buildings that are on a sanitary sewer main within two years after the ordinance became effective or within two years after sewer is available, whichever date is later. He noted that there are an estimated 1,300 buildings which are not connected to sanitary sewer but that not all of these have had sewer available for two years. It was determined that copies of the ordinance be sent to all affected property owners, advising them that this connection must be made and giving a reasonable length of time for compliance. Mr. Hyde noted that-twenty-five homes in Indian Hills have already connected with sewer and many of these also have connected with water. STRUCTURAL STEEL ANTI-TRUST ACTION NOT TO BE ENTERED BY VILLAGE. vised Council that a letter had been received&from the Attorney General relative to the Village participation in the anti-trust suit against the structural steel companies, noting that Edina's share would be a maximum of $300. advised by Mr.*Hyde that the Village does not purchase enough steel to warrant participation in this suit, Councilman VanValkenburg's motion that the Village Manager's recommendation be followed was seconded by Councilman Shaw and carried. Mr, Iiyde ad- I. Upon being ORDINANCE NO. 118-A GRANTED FIRST =DING. Mr. Hyde presented Ordinance No. 118-A for First'Reading, vention Code by adopting the 1965 Edition of the Fire Prevention Code, adding several standards and codes developed by the National Fire Prevention Association, This ordinance is proposed to update our present Fire Pre- vs 7/1/68 to make our fire prevention work more effective and providing for more stringent controls for apartment buildings. as well as the Building Code Committee, feel that an alarm system is needed par- ticularly by the large apartment buildings which are now being constructed in the Village. Chief James McNellis and Assistant Chief Robert Buresh answered questions of Council with regard to the cost and the alarm systems which are recommended by the office of the State Fire Marshall. In reply to a question of Mr. Hyde, it was pointed out by Fire Department officials that contractors building in the area have indicated that they would have no objection to the proposed ordinance as long as it was enforced fairly against all apratment buildings. Ordinance No. 118-A for First Reading as follows: Mr. Hyde pointed out that the Fire Department, Following considerable discussion, Councilman VanValkenburg offered ORDINANCE NO. 118-A AN ORDINANCE ESTABLISHING SAFETY MEASURES TO BE TAKEN IN CONSTRUCTION AND MAINTENANCE OF BUILDINGS AND CONDUCT OF CEfCTAIN ACTIVITIES AND OCCUPATIONS IN ORDER TO PREVENT CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND PREVENTION, REQUIRING PERMITS, AUTJ3ORIZING ESTABLISHMENT OF FIRE LANES AND IMPOSING A PENALTY EXPLOSION, ESTABLISHING A BUREAU OF FIRE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Adoption of Standards and Codes. There are hereby adopted and put into effect throughout the Village as the regulations governing condit- ions hazardous to life and property from fire and explosion, the regulations set forth in the following standards and codes: iation (Edition of 1965) except Articles 13 and 30 of said Code, and Spray Ftnishing using Flammable Liqyids and Combustible Materials No. 33 - N. N.F.P.A. No, 34 - 1966 Edition. Standard for Solvent Extraction Plants N.F.P.A. No. 36 -,1967 Edition. Tank Vehicles for Flammable and Combustible Liquids N.F. P.4. No. 385 - 1966 Edition. Warning Labels for Containers of Flammable Liquids N.F.P.A. No. 326.- 1951 Edition. Storage and Handling of Liquified Petroleum , Gases N.F.P.A.'.No..58 - 1967 Edition. Fire Doors and Windows N.F.P.A. No. 80 - 1967 Edition. Incinerators N.F.P.A. No. 82 - May, 1960. Rubbish Handling and Incinerators N.F.P.A. No. 82 A - 1948 Edition. Systems N.F.P.A. No. 90 A - 1967 Edition. Blowers and Exhaust Systems N.F.P.A. No. 91 - 1967 Edition. Ventilation of Restaurant Cooking Equipment N.F.P.A. 96 1964 Edition, of Assembly N.F.P.A. 102 - 1967 Edition. F.P.A. No. 13 - 1966 Edition. Outside Protection N.F.P.A. No. 24 - 1966 Edition. Installation of Standpipes and Hose Systems N.F.P.A. No. 14 - 1963 Edition. Chemical Extinguishing Systems N.F.P.A. No. 17 - 1968 Edition. Portable Fire Extinguishers N.F.P.A. No. 10 - 1967 Edition. Indoor General Storage N.F.P.A. No. 231 - 1965 Edition. N.F.P.A. No. 72 A - 1967. Manufacture, Transport, Storage and Use of Explosives and Blasting Agents N.F.P.A. No. 495 - 1967 Edition. (a) The Fire Prevention Code recommended by the American Insurance Assoc- - (b) Standards For: Dry Cleaning Plants N.F.P.A. No. 32 - 1964 Edition. ~ -F. P.A. 1966 Edition. Dip Tanks Containing Flammable or Combustible Liquids Air Conditioning and Ventilating Tents, Grandstands and Air Supported Structures Used for Places Installation of Sprinkler Systems N. Dry Installation of Local Protective Signaling Systems (c) Flammable and Combustible Liquid Code N.F.P.A. No. 30 - 1966 Edition. Safety to Life fromFire in Buildings and Structures (Twenty-first Edition) N.F.P.A. No. 101 - 1967 Edition. .... - The foregoing codes and standards are hereby adopted and incorporated as Sec. 2. fully as if set out at length herein. Fire Prevention Codes and Standards on File.. Three copies of each code or standard referred to in Section 1 hereof, marked "Official 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 codes or standards at cost to any person upon request. Sec. 3. Definitions. (4) (b) Wherever the word "municipalityBt is used in the Fire Prevention Code, Wherever the term "corporation counsel" is used in said Code, it shall it shall be held to mean the Village of Edina. be held to mean the Village Attorney. Sec, 4. Limits for Storage of Flammable Liquids. The limits referred to in said Fire Prevention Code applicable to storage of flammable liquids and gases are those established in-Ordinance No. 101-of the Village. Sec, 5. Limits of Districts for Storage of Explosives and Blasting Agents. The limits referred to in section,l2,6 b of said Fire Prevention Code, in which - I 7/1/68 L storage of explosives and blasting agents is prohibited, are hereby established cas follows: The Village Limits of the Village of Edina. Sec. 6. Special Additional Standards for Certain Multiple Occupancy Build- (a) ings. this section shall apply to.the following classes of buildings hereafter con- s truc ted : Group D and H occupancies, as defined in the Uniform Building Code incorporated by reference in the Building Code Ordinance (Ordinance No. 51-B) of the Village, except apartment houses occupied or designed to be occupied by not more than four persons or families living independently of each.other. Application to Buildings Not Yet Built. The rules and regulations in (1) (2) Any multiple dwelling housing 15 or more people. The classes of buildings above described are hereby designated and shall (b) Application to Existing Buildings. hereafter be referred to as "multiple occupancy buildings." section shall also apply to any existing multiple occupancy building to which improvements are added or alterations made which cost more than 50% of the market value of the existing building as shown in the records.of the Village Assessor, and to all existing multiple occupancy buildings after the expiration of two years from the date upon which the Fire Prevention Bureau hereinafter established has notified the owner of the requirements of this section. (c) Alarm Systems Required. An approved manual electric-supervised fire alarm system and automatic detection system shall be provided in every multiple occupancy building unless each resident room or living area in one story buildings has direct exit to the outside of the building, or unless the building is provided with a complete automatic sprinkler system. sprinklered, a sprinkler system will be accepted in lieu of an automatic detection system for the portion of the building that is sprinklered, air conditioning and ventilation system. shall be connected tfo the alarm and detec- tion system-in such a way that the ventilation will automatically shut down upon activiation of the alarm and detection system. When an alarm system or a.sprink- ler system is installed whether required or not, plans shall be-submitted in-dup- licate to the Fire Prevention Bureau for approval before installation is-made. Sprinkler systems shall be installed in accordance with the 1966 edition-of N.B. P.A. No. 13, Standard for the Installation of Sprinkler Systems. Alarm systems shall be installed in accordance with the 1967 edition of-N.F.B.A..NoO.7Z A, Standard for the Installation,,Maintenance and.Use.of Local Protective Signaling Sys tems . - The rules and regulations in this In a building that is partially The mechanical central ..*. . . (d) Magnetic Door Holders Required, Magnetic door holders.shall.be in- stalled on.al1 fire doors located at area separation fire walls. holders shall be installed on all fire doors and smoke doors in a stairwell or corridor that is not centrally air conditioned and pressurized. .It is illegal .to block open-any fire-door or smoke door in stairwells or corridors except by. the use of magnetic-door.holders. .The magnetic door holders shall be connected to the alarm and detection system in such.a.way.that !he doors will automatically close upon activation .of the alarm and detection .system. new construction. the 1963 edition-of N.F.P.A. No. 14, Standard for the Installation of Standpipe and Hose Systems. to have standpipe and fire hose systems shall have them installed in accordance with N.F.P.A. No. 14, Class 111: trained in handling heavy hose streams or by the building occupants. The mini- mum supply line from the public waterworks system to any standpipe system shall be at least two inches.. At least one fire department connection shall be pro- vided for each standpipe system, stalled at an accessible location on the outside of the building. 2-1/2 inch National Standard threads. When a standpipe and fire hose system is installed whether required or not, plans shall be submitted in duplicate to the Fire Prevention Bureau for approval before installation is made. elevators have automatic operation, one elevator or more than one elevator, if necessary to provide access to all landings, shall be arranged for use by firemen as ,follows: A key-operated switch with.light jewel shall be provided on the wall surface adjacent to the elevator at the street floor 1anding.and may be provided at other landings subject to the discretion of the Chief of the Edina Fire Department or his authorized assistant. move the elevator from normal service and place it on firement's servicer The key-operated switch shall, when operated, cancel existing car calls, prevent registration of further car calls, prevent the opening of the elevator doors except at the landing at which the switch is located and cause the car to travel to that landing, by-passing other landing calls. Magnetic door . (e) Standpipes Required. Standpipe and fire hose shall be.requited on all Standpipe and fire hose shall be installed-in accordance with All buildings having three or more stories which are required For use by either-flre departments and--those The fire department connection shall be in- It shall have .. (f) Elevators. In any building having over three-stories where.alL the (1) The key-operated switch shall re- (2) The light jewel , : 1- 7/1/68 -shall be illuminated when the car is returning to the firemen's landing in response to the operation of thekey-operated switch. open and remain open.unti.1 closed by the operation of the elevator from the car. (3) When the car arrives at the firemen's landing, the door8 shall (4) A key-operated switch shall be provided in-the car which can be - operated only by the,key which operates the firemen's landing switch and which, when operated, shall permit operation of the elevator to bypass landing calls, i Sec. 7. Establishment and Duties of Bureau of Fire Prevention. (a) Fire Prevention in the Fire Department of the Village, which is hereby es- - tablished. It shall he operaeed under the supervision of the Chief of the Fire Department, who shall be the chairman of the bureau, and shall consist of the following: The Chief of-the Fire Department and The Assistant Chief of the Fire Department The provisions of this ordinance shall be enforced by the Bureau of (b) (c) The Chief of the Fire Department may detail such members of the A report of the Bureau of.Fire Prevention shall be made annually fire department as inspectos as shall from time to time be necessary. and transmitted to the Manager. ordinance with such statistics, as the Chief of the Fire Department may wish to include therein; the Chief ,of the Fire Department shall also recommend any amendments to this ordinance which in his judgment shall be desirable. Sec. 7. Appeals. Whenever the Chief of the Fire Department shall dis- approve an application or refuse to grant a permit applied for, Qr when it is claimed that the provisions of this ordinance do not apply or that the codes or standards herein stated or referred to have been misconstrued or wrongly interpreted, the applicant or other aggrieved person may appeal from the de- cision of the Chief of the Fire Department ot the Village Council'within 30 days from the date of the-decision appealed, Sec. 9, Interpretat n: Repeals. The adoption of the codes and stand- ards referred to in Section 1 hereof shall not repeal or supersede any ord- inances of the Village regulating the same subject matter, but the provisions of said codes and standards and of the ordinances of the Village shall all be applicable. In the event that there is a conflict 4etween.the provisions of said codes and standards and ordinances of the Village, the more restrictive and standards and the Building Code ordinance of the Village (Ordinance No. 51-B and amendments thereto) in which case the provisions of the Building Code ordinance shall prevail. Sec. 10. Permit Fee. The fee for each permit required by the Fire Pre- vention Code herein referred to, and for each annual, renewal thereof, shall All permits shall expire'one year after the date of issuance. Sec. 11. Orders Establishing Fire Lanes, The Bureau of Fire Prevention It shall contain all proceedings under this m p. u u 3 'provisions shall prevail, except when there is conflict between said codes - be $5. is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order chat the travel of fire equip- ment may not be interferedwith, and that access to fire hydrants, or build- ings, may not be blocked off. When a fire lane has been ordered to be est- ablished, it shall be marked by a sign bearing the words, IlNo Parking -- Fire Lane," or a similar message. When the fire lane is on publicqroper,ty . or a public righ-t-of- way,^ the sign or signs shall be erected by the Village, - and when on private property, they shall be erected by the ,owner at his own expense withi,n 30" days after he bas ?been notified of the order., Thereafter -no person shall, park a vehicle or otherwise. occupy or obstruct the fire lane. ' Sec, 12. Penalty. Any person violating any provision of this.ordinance, or of any code or standard referred.to herein, or any order made pursuant thereto, shall be guilty of a misdeqeanor and, sub2ect to a fine not exceeding $100, or imprisonment for a period not exceeding 90 days with costs of prose- cution in either case to be added. gach day's violation after notice thereof shall constitute a separate offense. Sec. 13. Repealer. Ordinance No., 118 of the Village, as amended, is hereby repealed. . Sec. 14. Separability. Should any section, paragraph, sentence or. word of this ordinance or of any code or standard referred to herein be declared invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance, code or standard as a whole or any part thereof other than the part so declared to be invalid, This ordinance shall be in full force and effect upon adoption and publication thereof. Sec. 15. 7/1/68 AIR CONDITIONER APPROVED FOR GARAGE. ior offices are being used.in the Public Works Building, air conditioning is needed. Vogt Company low at $1,880 and Yale, Inc., high at $2,690. vised that he believes that since the Tri City Health Laboratory occupies 20% of the space to be cooled rent free, Bloomington and St. LouisPark should be asked to pay their share toward this space. man VanValkenburg's motion that the purchase of the air conditioner be authorized at a cost of $1,880 and that Mr. Dalen approach St. Louis Park and Bloomington for rent. for-their share of the Tri City Health Laboratory was seconded.by Coun- cilman Shaw and carried. HOPKINS AGAIN TO BE REQUESTED TO PAY SHARE OF BA-94. cil that Street Improvement BA-94 in the northwest corner of the Village had been Mr. Hyde advised Council that since inter- Mr. Dalen presented a tabulation of prices received which showed Fred Mayor Bredesen ad- Following some discussion, Council- Mr. Hyde recalled to Coun- estimated at a cost of $11.74 per foot, assuming that the City of Hopkins would pay $26,213 toward the cost of the improvement as had been agreed by Mr. Brubacher, former Hopkins City Manager. Hopkins Council decided not to hold public hearings, because residents of Interlachen Park and Super Valu Stores' trucks do not have access to.the improved street. Mr. Hite pointed out that while the estimate of the cost was based on Hopkins' participation, the Minutes did not reflect that participation was necessary for authorization of the project. stated that he was under the impression that Council had been told that Hopkins was going to share in this project and that he was disturbed because Council had been-led to believe something that was not accurate. thing might be worked out whereby the Hopkins School District might participate in the cost. Mr. Hyde stated that the street surfacing had been necessary regardless of whether or not Hopkins participated and advised that if the total improvement cost is to be assessed against Edina properties the cost will be $12.60 per ass- essable foot. He advised that he would make further formal effort.with the Hopkins Council before the assessment hearing is held. Mayor Bredesen Mr. Hite suggested that some- LIBRARY COST COMPARISON BETWEEN COUNTY AND VZLLAGE OPERATION was presented by Mr. Dalen for study by Council. GENERAL FUND RECEIPTS AND DISBURSEMENTS REPORT for January through May, 1968, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. SURPLUS AND RESERVES REPORT as of December 31, 1967, were presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Shaw and carried. t LIQUOR REPORT as of May 31, 1968, was presented by Mr. Dalen, reviewed and ordered placed on.file by motion of Councilman Johnson, seconded by Councilman VanValken- burg and carried. TREASURER'S REPORT as of May 31, 1968, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman $haw, seconded by Council placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. CLAIMS PAID. ney and carried for payment of the following claims as perPre-List dated July 1, 1968: General Fund, $10,270.27; Construction Fund, $671.71; Park, Park Construc- tion, Swim Pool,.Golf Course and Arena, $7,124.38; Water Fund, $2,537.86; Liquor Fund, $35,668.74; Sewer Rental Fund, $352.10; Total, $56,625.06, and for confir- mation of payment of the following claims: Motion of Councilman VanValkenburg was seconded by Councilman Court- 6/20/68 Standard Oil I $1,502.08 General Fund 6/20/68 Minnesota Bearing Co. 34.93 General Fund *f - 6/20/68 Mueller Company 193.07 Water Fund 6/24/68 Jim Kane (Litter) 225.00 Parks The agenda's business having been covered,. Councilman VanValkenburg's mstion for adjournment was seconded by Councilman Courtney and carried. 9:40 p.m. Adjournment at