Loading...
HomeMy WebLinkAbout19720605_regular~1INUTES OF THE REGULAR IEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON. (1 JUNE 5, 1972 Members answering rollcall were Councilmen Courtney, Johnson, Shaw and Mayor Bredesen. MINUTES of May 15, 17 and 24, 1972, were approved as submitted by motion of Councilman Johnson, seconded by Councilman Courtney and carried. RIC€BIOND HILLS AREA STORM SEVER IMPROVEMENT NO. P-ST.S.-131 CONTINUED TO JUNE $9: X972. Mr. Dunn secalled that the hearing fo_r Storm Sewer Improvement No. P&T.S;4.31 had been continued from the meeting of May 15, 1972, to give pro- perty owners the opportunity tqtry to work out a different proposal.. Mr. Dyer J. Powell, 5224 Richwood Drive, said that he represented the neighbor- hood Homewners' Association. He showed Council photographs which had been taken of the area in question on the ,&y of a heavJ rain; neighbors had suggested the possibility .of exchanging the existing easement which is 20 feet from the property line for an easemefit where the water is actually flowing at the present time. bp&r c-ement EhlvB~rg 6r. pi@'e?.whTch :nould::ru~'~'nae"r$round back to the low spot would remove the proglen of erosion caused by water rupning from the street to the rear of the property. Mr. Dunn suggested that an open culvert might prove to be a safety hazard although th$re was no question but that'it would handle the water. He questioned whether the relocation of the' easement would permit Lot 11 to E& divided at some fuqure time. Mrs. LeBaron's attorney presented pictures taken earlier on che day of the rain which showed ,$onsiderably more water than the pictures shown by Mr. Powell. He added that Mrs. LeBaron would be willing to trade easements, provided that the new cas-ement would go through the middle of her 175 foot lot, permitting a possible .fGtkre division of the property. He pointed out also that the area which is now being used for drain- age is only 55 feet North of the South property line. discussion, Councilman Courtney's motion was seconded by Councilman Johnson and carried continuing the heanig to ,June 19, 1972, so that the Village Engineer could .stake the lot to see just where the gasement lies. Mrs. LeBaron's attorney said'that he believed that neither the neighbors nor Mrs. LeBaron would favor any type of open drainage thru Lot.11. should show that the Council is considering a change which might substantially change the whole atmosphere and the condition of Lot 11 and commented on the different situations showed by the two sets of pictures. LINCOLN DRIVE IMPROVEEENTS CONTINUED TO JUNE 19, 1972. Councilman Johnson's motion was seconded by Councilman Courtney and carried that Lincoln Drive improvements No. P-C-Xt2; PiBA-190 and P-SS-305.be continued to June 19, 1972, as requested by one of the prqperty owners. Bfr, Powell said that Mr. Powell ah% 8hggesked-the possjbklitp tEakLuS5ng - Following considerable I Mayor Brede*sen said that the record VERNON AVENUE - 17-T RIDGE 3RDtADDITION IMPROVEMENTS PUBLIC HEARINGS CONDUCTED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and actiohleaken as hereinafter set forth: A. CONSTRUCTION OF T~JATEREWN IMPROVEMENT NO. P-WM-278 IN THE FOLLOVING: Roushar Frolitage Road and proposed Frontage Road from Lincoln Drive to Vernon Avenue from County Road 1/62 to IJalnut D-rive Vernon Avenue from Tamarac Drive to the West line of Gleason Third Addition Vernon Avenue Hr. Hyde presented total estimated project cost at $115,718.76, proposed to be assessed against 2,829,960 assessable square feet at an estimated cost of $0.04089 per square foot. posed to serve the Edina West apdr~~ent''deveJopmen~: Fabri-Tek, Inc., was assured that the only property for which Fabri-Tek would I be assessed would be 82,250 square feet of property along County Road 18 and that the assessment would be in the neighborhood of $3,500,' He said that Fabri-Tek would have no objection to the improvement on that basis. asked that the hearing be continued at least thirty days so that he could study the best v73y to install the utilities for his development. re&nded Mr. Hanson that he has had ample time to make his study since the improvements in the area have been under consideration for some time and that it might be the end of the construction season before the projects are author- ized. cularly concern the storm sewer in the area. continuing the hearing for two weeks was seconded by Councilman Johnson and on rollcall there were three ayes with Mayor Bredesen voting "Nay" and the motion Nr, Hyde advised that this project has been pro- An attorney representing I Mr, Robert Hanson, 4404 Philbrook Lane, owner of property in the.South end of the project, !. Mayor Bredesen Mr. Dunn pointed out that he believes that Nr. Hanson's questions parti- Councilman Courtney's motion I. 6/5/72 TJ declared lost. Mr. Malcolm Gettleman of Edina West (G.G.C..Company) said that his property is presently under construction and that it is expected to have models open in the development by this coming fall. He urged that the watermain and sanitary sewer be approved at this time. motion for approval of the project was then seconded by Councilman Courtney and carried. (See Resolution Ordering Improvemerh later in Minutes.) B. CONSTRUCTION OF WATERMAIN IMPROVEMEXI NO. P-17M-278 IN THE F0LLOI;IING: Councilman Shaw's ' Outlot C, Walnut Ridge 3rd Addition from Vernon Avenue to a point on the West line of Outlot C which is approximately 468' f South of the North- west corner of Outlot C. (ViewCon Apartment Site) Mr. Hyde presented total estimated construction cost at $28,452.44, proposed to be assessed against one lot at an estimated cost of $88.91 for 320 units. No objections being heard, Councilman Johnson's motion authorizing the jmprove- ment was seconded by Councilman Courtney and carried. ing Improvement later in Minutes.) C. (See Resolution Dfder- CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-SS-306 IN T'HE FOLLOrJING : Walnut Drive from Aspen Road to easement line between Lots 7 & 8, Easement line in Outlots B & C, Walnut Ridge 3rd Addition from easement Block 3, Walnut Ridge 1st Addition line between Lots 7 & 8, Block 3, t.Jalnut Ridge 1st Addition South to South side of Vernon Avenue Vernon Avenue from easement line Southwesterly 606' 2 /, Easement line in Outlot C, Walnut Ridge 3rd Addition Parcels 81400 and #1600, Section 31, Township 117, Range 21 Mr. Hyde presented estimated project cost at $115,420.18, noting that it is proposed to divide the project into a Sub-Trunk District and into a Lateral Area. assessable square foot for 3,138,239 assessable square feet. Estimated cost for the Lateral Area was given at $0.03677865 per assessable square foot for 673,600 assessable square feet. Mr. Hyde pointed out that the area proposed to be improved by this sanitary sewer includes all of the undeveloped property in the Northeast quadrant of Vernon Avenue and the Crosstown Highway and that' there are no proposed assessments against presently platted and developed lots. He added that the trunk would serve as a lateral sanitary sewer for pro- perties which front directly on it. Mr. Robert Hanson who owns property in the South end of the project was told by Mr. Dunn that property that faces the Crosstown Highway would be served by a lateral sanitary sewer that would come over to join Vernon Avenue. Mr. Hyde Added that Mr. Hanson would be assessed for the Sub-Trunk at this time and as he develops his land, the lateral would be brought in at an additional charge. ment would be made against Walnut Drive properties since they are already served by sanitary sewer. sewer was then seconded by Councilman Courtney and carried. Ordering Improvement later in Minutes.) D. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. P-ST.S.-133 IN THE FOLLOVING: Mr.' Hyde presented total estimated construction cost of $292,241.15 of which $202,515.38 is the estimated trunk cost which is proposed to be assessed over the kntire district at an estimated rate of $103.11 per one thousand s'quare'. feet of property and $89,725.77 is the estimated lateral cost which is proposed to be assessed against Outlot C, Walnut Ridge Third Addition. $0.14879895 was the estimated cost per square foot given for the lateral area. because of poor soil conditions in the area. Mrs. Carolyn Dencker, 6104 Arctic Nay, urged that Arctic Way properties be excluded from the storm sewer district. She stated that the only people who are benefiting from the storm sewer are the people who are building the multiple dwellings in the low area. Mrs. Dencker presented a list of questions to the Council. She questioned the legality of assessing Viking Hills properties, inasmuch as the developers have already paid for a storm sewer in the area. Mr. Dunn replied tfiat the storm sewer in this area was installed by the developer at his own expense and had never been assessed against the properties. Mr. Hyde recalled that the existing storm sewer system was only proposedhto serve the lots that drained into the system which had been built by the developer and was not intended to take care of the problem under discussion at this hearing. advised that the topographic maps which are on file at the Village show that the back portion of Mrs. Dencker's lot drains to the drainage district. Mr. Dunn replied to Mrs. Dencker's allegation that Mr. Hyde had told her that her property would never again be assessed for another storm sewer. He said that he had listened to the tape of the Planning Commission Meeting of April 5, 1972, pertaining to Edina Westland and tb t Mr. Hyde had' said that there would be no charges against any other properties, other than the developers, unless there Estimated cost for the Sub-Trunk District was given at $0.02888437 per Mr. Shaw was assured that no assess- Councilman Johnson's motion approving the sanitary (See Resolution Outlot C, Walnut Ridge 3rd Addition - thru easements Mr. Dunn advised that the cost of the storm sewer is relatively high He were benefits to those properties. .In reply to a request of the Mayor and Mr. i 6/5/72 Hyde, Mr. Robe*r< Kasbohm, 6147 Arctic Way, re lled th t when llrs. Dencker had expressed concern about the cost of drainage and sewer in this area, Mr. Hyde had said that it would cost her nothing for the extension of sanitary sewer or water, but that the only possible cost would be if there is not a self-contained storm drainage system. Mrs. Dencker suggested that, since a storm sewer has already been paid for by the developers, she be reimbursed for what was paid for her property and she would apply it to her assessment for the proposed storm sewer. Mayor Bredesen explained that the developer could not install a complete storm drainage system because of the topography. The Village Attorney brought out that there are both direct and indirect benefits from a storm sewer system, with the indirect benefits including general neighborhood improvement and the protection of municipal services. He added that although Mrs. Denclcer does not have a "problemtt she does benefit indirgctly by getting rid of water which would, if-collected without getting rid of it, be a problem to her. fact that Mr. Dunn had said that he had never personally inspbcted her property. Mr. Dunn indicated that members of his staff had determined the drainage area . and that he had met with Mrs. Dencker at the site on the previous Wednesday and determined that more of her property tkan was indicated should be included in the drainage district. preliminary boundary for the for the storm drainage district, it is possible Mr. Hyde explained that it is standare procedure in all storm sewer projects to go out after the work has been done and recheck to make certain that the areas proposed to be assessed are within the drainage district. though Mrs. Dencker does not have a problem with drainage on to her property, water from her property is creating a problem for others. Dencker's statement that the low area is in the Hopkins School District, Councilman Shaw pointed out that the School District, County and- Village gen- eral taxes have absolutely nothing to do yith special assessments. Wehner, 6017 Walnut Drive, and llr. David A. Brown, 6008 Walnut Drive, objected that the Viewcon developers knew that their land was swampy before they Bur- chased it and that they should pay the entire cost of the improvement. Hyde pointed out that even if the property had been developed for single family dwellings, the same storm sewer would have been necessary. Johnson recalled that Council had felt in the past that it would have been better if all storm sewers had been paid from general funds, rather than on an assessment.basis but that it would not be .fair,to other areas in the Vil- lage which had already paid for their storm sewers to change the method of payment at this point. Nr. Johnson referred to the system of #?extraordinary benefits'* iq which the low properties are sometimes assessed at a higher rate. Mr. Hyde said that this project did not include any extraordinary benefits, but that if the project is approved, some formula might be worked out which would reduce the assessment of some of the properties and increase the assessment on others. the possibility of installing the storm sewer in the good land behind 1;Jalnut Drive and not going thru the swamp. on the Judgment of the Engineers. copy of a report of his problems which he said were brought about because of construction to the North of his property. increasing the storm sewer district to include property located between Fabri-Tek and his property. Johnson's motion that the hearing be continued to June 19, 1972, so that Mr. Hanson's report could be studied, was seconded by Councilman Shaw and carried. Village Attorney Erickson pointed out that the statutes state that the Village cannot expand the area set out in the original improvement notice but that, if an error has been made in giving too much or too little area to a piece of property, a correction can be made in a supplemental assessment procedure. Councilman Johnson then offered the following resolutioi and moved its adoption: Mrs. Dencker's next question concerned the Mr. Kasbohm was told that since this is only a "that there might be an overlap of the two districts. . Councilman Courtney pointed out that even In reply to Mrs. Mr. Mr. Councilman' An.unidentified gentleman in the audience suggested He was told that the Council had to rely Mr. Robert Hanson presented Council with a He suggested the possibility of Following considerable discussion, Councilman RESOLUTION ORDERIhI IMPROVEMENTS WATERMAIN IMPROVEMEXTS NOS. T.1M-278 AND WM-279 SANITARY SEWER IMPROVEMENT SS-306 BE IT RESOLVED by the Council of the Village of Edina, Minnesotaz that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the fol- lowing proposed improvements : 1. CONSTRUCTION OF VATEREIAIN IMPROVEMENT NO. 11-278 IN THE FOLLOF7ING: Roushar Frontage Road and proposed Erontage Road from Lincoln Drive to Vernon Avenue from County Road #62 to Walnut Drive Vernon Avenue from Tamarac Drive to the West line of Gleason Third Addition CONSTRUCTION OF 17ATEREIAIN IMPROVEMENT NO. W&l-279 IN THE FOLLOFIIJXG: Outlot C, Ualnut Ridge 3rd Addition from Vernon Avenue to a point on the West line of Outlot C which is approximately 468' _+'South of the Northwest corner of Outlot C Vernon Avenue 2. 6/5/72 3. 4. CONSTRUCTION OF VILLAGE SANITARY SEWER XIPRQVEMENT :NO, S%306 IN THE FOLLOI7- ING : Walnut Prive from Aspen Road to easement line between Lots 7 and 8, Block Easement line in Outlots B & C, Walnut Ridge 3rd Addition from easement 3, Walnut Ridge 1st Addition line between Lots 7 & 8, Block 3, Walnut Ridge 1st Additon South to South side of Vernon Avenue Vernon Avenue from easement line Southwesterly 606' 2 Easement line in Outlot C, Walnut Ridge 3rd Addition Parcels #1400 and 1600, Section 31, Township 117, Range 21 and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows : No. 1 Above VATERMAINF XMPROYEMENF-NO. F.JM-27 8 No. 2 Above . Q'ATERMAIN IMPROVEMENT NO. TJM-27 9 No. 3 Above SANITARY SEWER IMPROVEMENT NO. SS-306 and the area proposed to be specially assessed f& Watermain Improvement No. WM-278 therefor shall include Parcels #1400, #1600, #1800, #2210, IlOl.5, #1050, #2230 and #2240, Section 31, Township 117, Range 21; Outlot C, Walnut Ridge 3rd Addition; Tract A, R.L.S. #1145; and the area filroposed to be specially assessed for Watermain Improvement No. VM-279 includes Outlot C, Walnut Ridge 3rd Addition; and the area proposed to be assessed for the cost of Sanitary Sewer Improvement No. SS-306 shall include Parcels 81400, 81600, #1800, #2210, #1015, #l0.50, #2230 and #2240, Section 31, Township 117, Range 21; Outlot C, Nalnut Ridge 3rd Addition; Part of Lot 4 '(rParce1 810), part of Lot 4 (Palicel lolo), part of Lot 23 (Parcel 5225) and part of Lot 23 (Parcel 5639 in Auditor's Subdivision #196. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the'resolution was adopted. CURB AND GUTTER IMPROVEMENT NO. B-84 APPROVED ON 100% PETITION. Mr. Dunn reported that a petition for Curb and Gutter had been received signed by the owner of real property abutting on said W. 49th Street between Westbrook Lane and T.H. 100 Right-of-Way, viz: Mrs. Donald C. Johnson, 4y45 Westbrook Lane. Said petition-also requested the Council to assess the entire cost against the property of Mrs. Johnson. following resolution and moved its adoption: RESOLUTION FOR CURB AND GUTTER IMPROVEMENT NO. B-84 UPXIN.PETXTION THEREFOR 8 Councilman Shaw thereupon offered the I BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. the Council to. construct a curb and gutter improvement on W. 49th Street between Vestbrook Lane and T.H. 100 Right-of-Nay, and to assess the entire cost against the property of petitioner and that said petitcon has been signed by all owners of real property abutting on said street where said improvement is to be located. . 2. The making of said improvement in- accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). shall be referred to in all subsequent proceedings as CURB AND GUTTER IMPROVE- MENT NO. B-84. '.assessed against the properties abutting on said W. 49th Street where said improvement is to be located. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. It is hereby found an3 determined that a petition has been filed requesting Said improvement is hereby designated and The entire cost of said improvement is hereby ordered to be WARDEN ACRES-LOT 21 REPLAT .GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Acres-Lot 21 Replat, noting that this property is located on the Northeast corner of Tracy Avenae and Countryside Road and is one of the few large lots remaining in 'Warden Acres. approval of the subdivision provided the proper utility easements are show and provided a fee in lieu of parkland dedication is donated to the Village in the,amount of 5% of the raw land value. to the North was told that the developer proposes to build single family dwell- ings on the property and that the development would in no way put him to any additional expense. and moved its adoption: Mr. Luce presented the request for preliminary plat approval for Warden He advised that Planning Commission has recommended The owner of the adjacent property Councilman Courtney then offered the following resolution 6/5/72. RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO IIARDEN2ACRES-LOT 21 REPLAT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota that that certa'in plat entitled Varden Acres-Lot 21 Replat", platted by Edward Ernest Hansen and presented at the meeting of the Village Council on June 5, 1972, be and is hereby granted preliminary approval and that sanitary sewer be installed therein. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. Councilman Courtney left the meeting at this point. I SOUTHDALE LIQUOR STORE BID AWARDED. Nr. Hyde presented tabulation of bids received for the Southdale Liquor Store ranging from a low of $190,000 to $258,000 and referred to a telephone poll which had been taken on May 30, 1972. confirming the award of bid to recommended low bidder, Lye11 Halverson Company, at $190,000. It was noted that the architect's estimate was given at $210,900. Councilman Johnson's motion was seconded by Councilman Shaw and carried ELECTRICALLY HEATED ASPHALT STORAGE TANK BID AWARDED. tabulation of three bids received in response to Advertiisement for Bid-s in the Edina S+n on May 18 and 25 and in the Construction Bulletin on May 18 and 25, 1972. Equipment, Inc., at $19,899.00 and Buffridge-Johnson Equipment Company at $23,750.00. second low bidder at $19,899.00 for the fqllpying reasons: 1) CEI tank bid by MacQueen includes a baffle which, for Village purposes, will allow faster start up time; and 2) CEI tank bid by MacQueen has an enclosed base support which is esthetically more pleasing, Councilman Johnson's motion approving the award to MacQueen Equipment, Inc., as recommended by the Village Manager, was seconded by Councilman Shaw and carried. Mr. Hyde presented a Tabulation showed the Zeco Company low bidder at $19,835.00, MacQueen Mr. Hyde recommended award to MacQueen Equipment, Inc., the TRAFFIC SAFETY COBIMITTEE MINUTES APPROVED: PARKZJOOD WOLLSt STREET PATTERNS TO BE CHANGED. Mr. Hyde presented Traffic Safety Committee Minutes for May.16 and . - 31, 1972, noting that a petition had been received aslcing that Council give some attention to traffic problems in the area of View Lane and Schaefer Road. Mr,. Hyde referred also to a letter from Mr. Fletcher C. Waller, Jr., 5601 Schaefer Road, and to a summary of neighborhood traffic problems which was submitted by Dr. Lloyd E. Pearson, 5700 View Lane. Dr. Pearson recalled that he had discussed the increase in traffic which has occurred in the Park- wood Knolls area over the years with Village offkcials. He showed an aerial map of the Parkwood I(nol1s area indicating seven points of ingress and egress to the area as being located at Vidw Lane, Schaefer Road at Interlachen Blvd., Schaefer Road off Vernon Avenue, South Knoll Drive, Knoll Drive, Idylwood Drive and Parkwood Road. trips per day into Parkwood Knolls, 60% go past his hime and added that after the area is fully developed, it is estimated that there will be 4,400 trips per day past his home. to the Planning Cpmmission by the Traffic Safety Committee and on October 6, 1972, the matter was referred to the staff for. further study by the Traffic Safety committee, points of entry and exit by conection of Londonderry Road to County Road 18 and Dominick Drive, by connection of Londonderry Road to Walnut Drive and by connection of the Northwestern undeveloped area of Parkwood Knolls to Highway 1/18 in the vicinity of the new bridge by the Honeywell Research Building. Pearson also suggested that some of the flow-of traffic be redirected to Blake Road from F7estern Parlcwood Knolls by barricading or closing some streets. Mayor Bredesen said that he would oppose closing anyroads *and recalled that Eden Prairie Road had been closed upon the request ofthe High- way Department. Safety Committee at its meeting of Nay 31, 1972, were very close to the sug- gestions made by Dr. Pearson and that he did not believe that the streets in question were built for the type of traffic which might be generated when additional property is developed. Drive residents might complain i'f Valnut Drive is connected to Londonderry Road, Mayor Bredesen said that Walnut Drive residents should not have the right go expect an exclusive cul-de-sac and that they must accept a certain amount of inconvenience (if traffic is an inconvenience) of living in the community. Councilman Johnson's motion was then seconded by Councilman Shaw and carried approving the Traffic Safety Committee Ninutes of 3iay 16 and 31, 1972, and urging the earliest implementation of the recommendations which are contained therein. I Dr. Pearson advised that. of the 3,000 estimated. Dr. Pearson recalled that the matter had been referred Dr. Pearson suggested the addition of three additional Dr. He commented that the recommendations made by the Traffic In reply to Mr. Hyde's comment that Walnut f 6/5/72 APIARY COI4PLAINT REFERRED TO VILLAGE ATTORNEY. time within the last month that a similar complaint has been received, Mr. Hyde called Council's attention to a letter from Mr. and Mrs. Robert Nolan, 5716-3IcGuige-.Road, requesting that Council take some action to restrict or prohibit bee-keeping in the Village. question, Mr. Erickson said that this problem could be dealt with under the nuisance ordinance inasmuch*as it threatens the health, safety and repose of a person in the use or occupancy of his properky. The Village Attorney' was directed to write a letter to Mr. Nolan advising him of his. right to swear out a complaint under the Nuisance Ordinance against the apiarist. Notjag that this is a second In reply to Councilman Johnson's PARKWOOD KNOLLS 17TH ADDITION PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER PETITIOfl RECEIVED. A petition for permanent street surfacing and concrete curb and gutter for Parlcnood Road 17th Addition was referred to the Engineering Department for processing by motion 0% Councilman Shaw, seconded by Councilman Johnson'and carried. . FIRE DEPARTMENT RESPONSE TIME REPORT REFERRED TO HOEIEOENEBS' COALITION AND MORNINGSIDE AREA COMMITTEE. Mr. Hyde called Council's attention to a memorandum on Fire Department Response Time from Chief James McNellis, not- ing that Chief Bennet; had met wiih Morningside Area residents. Johnson's motion referring the report to the Homeowners' Coalition and to the Morningside Area Committee was seconded by Councilman Shaw and carried. Councilman UNIFLOIJ RAPID TRANSIT PROPOSAL ENDORSED. Mr. Hyde introduced Mr. Lloyd Berg- ren, the developer and inventor of Uniflow and Mr. Charlie Smoot, one of the officers of the company who gave a brief explanation of the system and a brief description of the proposed effort to get an demonstration grant from the Federal Government to put the Uniflow System in actual working order. Mr. Hyde said that it is proposed to put in a system under a 100% grant of the Federal Government linking Louie's, Radisson South, Camelot, Holiday Inn and coming into fIie Southdale and Southtown Shopping areas, with a further expansion which might include an Airport connection and all the way along both sides of Highway 494. tion routes which would not have to be abandoned if the project is successful. Mr. Bergren said that it is proposed to use demonstra- . Councilman Johnson then offered the following resolution and moved its adoption- FJHE,REAS, there is a great need to reduce automobile trips in the immediate vicinity of the intersection qf Interstate Highway 494 and Minnesota Trunk Highway 100, because of the rapid development within the area during the past RESOLUTION . few years and the continuing growth; and IJHEREAS, a zecent survey of the transportation needs of this area, prepared for all concerned governmental agencies, has clearly shown the need for a trankit system; and IJHEREAS, the Uniflow Systems Company of Edina has developed a personal Rapid Transit system which would be suitable for this area; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, that the Village of Edina join with the City of Bloomington in endorsing a request to the United States Department of Transportation to provide sufficient funds so that a full scale Uniflow system, approximately 8,000 feet in length ~ and including six passenger stations be constructed in a loop configuration in Bloomington and Edina, such funds to be provided from the Research Development and Demonstration Grant Program; and BE IT FURTHER RESOLVED that the Village of Edina will give full cooperation to the establishment of such a system; and BE IT FURTHER RESOLVED that the Metropolitan Transit Commission, the Metro- politan Council and the State Planning Agency take such steps as are neces- sary to secure the grant from the Urban Mass Transportation Administration of the United States Department of Transportation. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. I SOUTH HENNEPIN COUNTY PLANNING BOARD APPOINTMENT CONTIkUED to June 19,. 1972, by motion of Councilman Shaw, seconded by Councilman Johnson and carried. MINNESOTA SAFETY COUNCIL AWARD NOTED. lage of Edina has been selected to receive the 1971 Meritorious Achievement Award in Traffic Safety Education and Enforcement. No action was taken. HENNEPIN COUNTY SERVICE DECENTRALIZATION NOTED. Mr. Hyde called Council's attentJon to a letter to Mr. Dunn from Hennepin CounOy Public Information Office advising him that the County is considering further decentralization of County services in Brooklyn Center. No action was taken. Mr. Hyde advised Council that the Vil- 6/5/72 VERNON AVENUE SPEED LIMITS NOTED, letter from Mr. Samuel Fisher of the Hennepin County Traffic Engineering Section advising of the following speed limits on Vernon Avenue: Mr. Hyde called Council's attention to a 1. From the intersection of County State Aid Highway 20 (Interlachen Blvd2 to 400 feet west of Summit Avenue the speed limit will remain 30 miles per hour. 2. From tion hour 3. From with hour 400 feet west of Sununit Avenue southwesterly to the intersec- of Villa Way the speed limit will be lowered from 35 miles per to 30 miles per hour. the intersection of Villa Way southwesterly to the intersection Gleason Road the speed limit will be lowered from 45 miles per to 40 miles per hour, Mrs. Norman Groth, 5300 Ayrshire Blvd., protested the decision of Hennepin County and was told that the Village had done all that was possible when it adopted the resolutions on two occasions asking the County to set the speed limit at a maximum of 35 miles per hour. Groth could go to a Hennepin County Board Meeting and try to be heard with her request for a 35 mile per hour speed limit. Village would once again have control of the speed.limit when the street is turned back to the Village., ASSESSNENT HEARING DATES SET FOR JULY 17 AND AUGUST 21, 1972, by motion of Councilman Shay seconded by Councilman Johnson and carried. Mayor Bredesen suggested that Mrs. Mrs. Groth was told that the GUN CONTROL ORDINANCE CONTINUED INDEFINITELY. had talked to Chief Bennett who had told him that he is not prepared to even suggest any gun ordinance. continued indefinitely was then seconded by Councilman Shaw and carried. Mayor Bredesen advised that he Councilman Johnson's motion that the matter be ANTI-PICKETING IN RESIDENTIAL AREA ORDINANCE CONTINUED PO JUNE 19, 1972. Mr. Hyde advised Council that problems have arisen with picketing in residential areas in the Village. Anti-Picketing Ordinance as being for the protection and preservation of the home. The ordinance states that it shall be unlawful for any person to engage in picketing;before or about the residence of any individual, but that nothing . shall prohibit picketing in a lawful manner during a labor dispute at a place of employment, Mr, Michael Bolen, 5207 Doncaster Nay, urged the adoption of an ordinance at this meeting, Mayor Bredesen said that he did not believe th8t Council should adopt an ordinance without reading it, and saggested that the ordinance could be given First Reading on June 19 and that Second Reading could be waived at that time. He added that he believed that the ordinance should also prevent picketing the home of a company official when his company is on strike. Followigg considerable discussion, Councilman Johnson's motion that the ordinance be continued to June 19, 1972, was seconded by Councilman Shaw and carried. Mr, Bolen was assured that the police would enforce the Trespass Ordinance if the need should arise, An unidentified gentleman in the audience requested that the ordinance also prohibit picketing landlords. 'OmINAFiCE NO: 40142 GmED 'FIRST &ADING: ion to the fact that the State Building Code will become effective on July 1, 1972 and that it will supersede all'.ordinances of the Village covering the same subjects. offered Ordinance No. 40142 for First Reading with the understanding that some differences will be made before Second Reading is granted: AN ORDINANCE REPEALING ORDINANCE NO. 401 AND Nr. Erickson pointed out the basic intent of therS*7aui~atosa I -,---- .- -. .-- .-I e c 1-.- ,., n ,1 . .I .. Mr. Hyde called Council's attent- As recommended by tge Village Manager, Councilman Johnson ORDINANCE NO. 401-A2 ORDINANCE NO, 401-A1 AND R!lGULATIXG THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVIHG, REMOYAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPBENT, USE, €EIGHT, AREA ANTI MAINTENANCE OF ALL BUILDIRGS AND STRUCTURES, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, AND PROVIDING PENALTIES. THE JrlLLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA. ORDAINS: Section 1. Repeal of Ordinance No. 40i and Ordinince No. 401-A1. Ordinance No. 401 and Ordinance No..401-A1 are hereby repealed in their entirety effective July I, 1972, and the following sections are hereby adopted in lieu thereof effective July 1, 1972: "Section 1. Minnesota State Building Code Adopted. There is hereby adopted and incorporated herein by reference, as an ordinance of the Village of Edina, the Minnesota State Building Code (hereinafter referred to as the *WBC") as promulgated by the Department of Administration of the State of Minnesota and filedwith the Secretary of State and the Commissioner of Administration 6/5/72 of the St te of Minnesot on January 6, 1972.. No rovisions of th I MSBC, or documents referred to therein, which are not required by state law to be adopted by the Village are hereby adopted unless they are specifically mentioned herein. shall be on file in the office of the Clerk and shall remain on file for use and examination by the public. The Clerk shall furnish copies of the MSBC at cost to any person upon request. There is hereby adopted and incorporated herein by reference, as an ordinance of the Village of Edina, Chapter 2 of Valume I of the 1970 Edition of the Uniform Building Code (hereinafter referred to as the "UBC?), as published by the International Conference of Building Officials, which has been incorpor- ated by reference into the Appendix of the MSBC, exE2uding; however, Section 204, and except that Section 203 shall be deemed not bo be applicable in any case when Ordinance No. 471 would apply. - "Sec. 4. Chapter 3 of Volume I of Uniform Building Code Adopted. There is hereby adopted and incorporated herein by reference, as an Ordinance of the Village of Edina, Chapter 3 of Volume I of the 1970 Edition of the Uniform Wec. 2. Code on File. Three copies of the MSBC, marked "Official Copyt', "Sec. 3. Chapter 2 of Volume I of Uniform Building Code Adopted. I Building Code (hereinafter referred to as the "UBP), as published by the International Conference of Building Officials, which has been incorporated - by reference into the Appendix of the MSBC with, however, the following changes: following sentence substitutdd therefor: 'When required by ltate 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.'' Paragraph (d) of Section '301 shall be amended to read as follows: ' (d) 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,' give the house and street address of the work and the name and address of the owner and person who prepared them. In lieu of detailed specifications, the Building Official may approve references on the plans to a specific section or part of this Code or other ordinances or lam, Plans shall include a survey of the lot upon which the proposed building or construction is to be done, prepared and attested by a registered surveyor, and providing the following information: (a) The last sentence of paragraph (c) of Section 301 is deleted and the (b) Information on' Plans and Specifications. Plans shall be drawn . rules and regulations. The first sheet of each set of plans shall' (1) Scale of drawing. (2) Lot and block number. (3) Dimensions of lot and north point. (4) Dimensions of front, rear and side yards. (5) Locations of all existing buildings on the lot. (6) (7) Location of proposed building or construction. Location of stakes established by the surveyor along each side lot line at the front and rear building lines, The maintenance of these.stakes ,once established by the sur- veyor shall be the responsibility of the building permit app 1 i can t . The side yard and set back dimensions of buildings located- on adjacent lots. The location of all easements as shown on record plats. (a) (b) (c) . (d) .. (8) (9) (10) Grade elevations at the following points: Each lot corner (both existing or proposed). Crown of proposed street at each lot line extended. Pmposed lawn and driveway elevations at all sides of buildings. Elevations of top of foundation and garage floor or adjacent properties. Such elevations may be based upon an assumed datum but must be tied bythe surveyor to a specified bench mark for which the elevation'has been obtained from the Village The proposed disposal of drainage and surface waters, indicating direction of surface water drainage by arrows. Statement of number of stories of adjacent buildings. . Engineer' s Qf fice. (11) (12) Section 303 of said Code is hereby amended by changing subsection (b) thereof to read as hereinafter set forth, and by adding thereto new subsectipns (c) and (d) as follows: (,c) 6/5/72 '(b) tion exceeds $1,000.00 and a plan is required to be submitted by Subsection (c) of Section 301, a plan-checking fee shall be paid to the Building Official at the time of submitting plans and specifica- tions for checking. For all buildings, &he plan-checking fee shall be equal to one-half bf the building permit fee as set forth in Table No, 3-A. (c) (d) by the holder thereof, with prodf satisfactory to the Building Offi- cial 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'." Paragraph (a) of Section 306 is amended to read as follows: "(a) Use or Occupancy. No building or structure in Groups A to I, inclusive, shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein.' Paragraph (c) of Section 306 is amended to read as follows: '(c) Certificate Issued. After final inspection when it is found that the building or structure complies with the provisions of this Code, and after the Building Official has received certifications from the State Electrical Inspector, the Chief of the Village's Fire Department, the Village's Public Health Sanitarian, and the Village Planner that the building or structure complies with all laws, ordinances and regulations which they are respectively charged with the duty of administering or enforcing, the Building Official shall issue a Certificate of Occupancy which shall contain the following: Plan Checkng Fees. When the va-uation of the proposed construct- Demolition Fee. Refund of Fees. The fee for a permit to demolish a building Upon return of a building permit to the Village . shall be $10.00. *. (d) (e) (1) The building permit number. (2) (3) (4) the certificate is issued. (5) complies with the requirements of this Code for group of occupancy in which the proposed occupancy is classified. (6) The name of the Building Official.' The address of the building. The name and address of the oxher. A description of that portion of the building for which A statement that the described portion of the building '8ec. 5. Appendix of Volume I of. Uniform Building Code Adopted in Part. -There is hereby adopted and incorpprated herein by reference, as an ordinance of the Village of Edina, Chapters 13, 23, 38, 48 and 49 from the Appendix of Volume I of the 1970 Edition of the UBC with, however, the following changes: (a) Paragraph (c) of Section 1313 is amended to read as follows: Eighteen months aftei written notice to the record owner '(c) from the Building Inspector every building falling within its scope shall be vacated until made to conform to the requirements of this section.T Section 4902 shall be amended to require a minimum vertical live load of 40 pounds per square foot. (b) "See. 6. Appeals to Building Construction Appeals Board. Any person who deems himself aggrieved by any order, requirement, permit, decision, refusal or determination nade by the Building Official, the Chief of the Fire Department or the Public Health Sanitarian in the application or administration of tk ordinances of the Village regulating construction, alteration, moving or demolition of buildings, the construction, installation, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or the installation, alteration or removal of electrical wiring or equipment, may appeal therefrom to the Building Construction Appeals Board created by Ordinance No. 402-A1. landscaping is required by any ordinanceFof the Village, or by an approval granted by the Village pursuant to any ordinance of the Village, for a building or structure to be constructed on any property, the applicant for the building permit shall file with the Village Planner a performance bond with a corporation approved by the Village Council as- surety thereon, in an amount to be determined by the VillagebPlanner, but for at least one and one-half times the amount estimated by the Village Planner as the cost of completing the required land- scaping and not to exceed twice the said amovnr, said bond to be in force for %ec, 8. Performance Bond for Landscaping Work. In every case where I / 6/5/72 at least two complete growing seasons subsequent to the completion of the required landscaping to insure proper planti'ng and growth and otherwise to be in form-and substance acceptable to the Village Council. landscaping shall include screening when to be done by the use of shrubs, hedges, bushes or othkE growing things. until such bond, when required hereunder, is filed with the Village Planner. Ih addition to all other powers conferred upon him in said Uniform Building Code as the Building Official, the Building Inspector shall also have the following powers: person, firm or company which performed the work or upon the owner or occupant of the premises where the work was done a written notice describing the location and nature of the violation'and the steps to be undertaken to remedy the violation, and ordering that such steps be taken within a reasonable period from the date of such service, which shall be not less than 5 days nor more than 90 days. within the period specified shall be deemed a violation of the ordinance. building or structure which has not received an occupancy certificate is or may be used or occupied, he may post on such premises a notice stating that use or occupancy thereof is prohibited until such certificate shall be issued, and that the notice may not be removed except by the Building Inspector or someone authorized by him to do so. without having been authorized to do so by the Building Inspector shall be deemed to have violated this ordinance. "Sec. 11. Penalty. Any violation of this ordinance shall be a mis- demeanor, punishable by a fine of not exceeding $300 or imprisonment for a period of not exceeding 90 days, with costs of prosecution in either case to be added. offense and @e punished accordingly.an upon its passage and publication. For purposes hereof, No building permit shall be issued "Sec. 9. Additional Powers of Buildinp Inspector. (a) He,may, in case of any violation of said Code, serve upon the Failure by the party so served to remedy the violation (b) Whenever the Building Inspector has reason to suspect that a Any person who removes such a sign Each day such violation continues shall constitute a separate Sec. 2. This ordinance shall be in full force and effect immediately ORDINANCE NO. 402-A1 GRANTED FIRST READING. Councilman Johnson offered the following ordinance for First Reading: ORDINANCE NO. 402-A1 AN ORDINANCE AMENDING ORDINANCE NO. 402 TO CHANGE THE NAME OF THE BUILDING CONSTRUCTION CODES COMMISSION, TO RESTRICT WAIVER OF ORDINANCE REQUIREMENTS, AND TO REQUIRE REPORTS TO'THE STATE OF MINNESOTA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Name Change to Building Construction Appeals Board. Ordinance 402 is hereby amended effective July 1, ,1972, by substituting the words "Building Construction Appeals Board" for the words "Building Con- struction Codes Commission" and the word nsBoardec for the word t'Commissionpt ' wherever said words appear in the ordinance. hereby amended effective July 1, 1972, by adding thereto the following: Sec. 2. Board to Report to State. Sec..7 of Ordinance No. 402 is "(e) report all decisions or findings to the State Building Inspectot within fifteen (15) days of such decision or finding." Sec. 3. Waiver of Ordinance Requirements Restricted. Sec. 8 of Ordinance No. 402 is hereby amended effective July 1, 1972, to read as follows: upon its "Sec. 8. May Waive Requirements. In considering any appeal as alitljor5zed by $aragra@j (a) of Sec. 7 hereof, the Commission, if not prohibited by State law, may waive any requirement of any of the ordinances therein referred to, but only if the reason for such requirement does not exist because of the unusual use, location or type of construction of the structure, or if the person taking the appeal demonstrates to the satisfaction of the Commission that the purpose of such requirement is met by other means or methods." Sec. 4. This ordinance shall be in full force and effect immediately passage and publication. ORDINANCE NO. 431-A1 GRAHT$D FTRST, RE;BDING.:- Councilman Johnson offered the following medknance for First Reading: ORDINANCE NO. 431-A1 AN ORDINANCE AMENDING ORDINANCE NO. 431 'EO ADOPT THE MINNESOTA STATE PLUMBING CODE AND THE MINNESOTA STATE HEATING, VENTILATING, AIR CONDITIONING AND REFRIGER- ATING CODE : REQUIRING PERMITS ; REGULATING PLWING VURK IN THE VILLAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Repeal: Adoption of State Plumbing Code. Sections 5 through 8 of Ordinance No. 431, comprising Part 2, Plumbing , 6/5/72 Standards and Perm ts. are iereby repealed ,.I theil; entirety effective Qff&z&ea&&hf, f4&-)&ing sections are hereby adopted in lxu there0 f -- - "Seq. 5.- Minnesota Plumbing Code Adopted. There is hereby adopted by .. reference the Minnesota Plumbing Code being a part of the Minnesota State Building Code as promulgated by the Department of Administration of the State of Ninnesotaand filed with the Secretary of State and the Commissioner of Administration of the State of Minnesota, on January 6, 1972. "Sec. 6. Permit Required; Every perqon, before constructing, recon- structing, extending, altering or repairing any plumbing work, or installing any plumbing fixture, or connecting any plumbing work with a cesspool or the sewage system, except as provided in the Plumbing Code, shall make application at the office of the Village Plumbing Inspector for a permit for that purpose and shall furnish said inspector with a written statement in relation to such work upon a blank form furnished by the inspector for that purpose, together with full plans and specifications o'f the same, when required for inspection by said inspector. Thereafter, if it shall appear to said inspector that all applicable laws and Village ordinances are, or when the work is completedyill be, complied with, he shall grant such permit. No person or persons shall make, or cause to be made, any change in the work for which a-permit has been granted, without the consent of the Plumb- ing Inspector. I Notwithstanding any other provisions of this Ordinance to the contrary, and where permitted by State law, permits may 6e issued to make repairs, '. . additions, replacements, and alterations to any plumbing or drainage work of any single-family dwelling structure used exclusively for living purposes or any accessory buildings thereto provided that all such work in connection therewith shall be pedormed only be the person who is the bona fide owner and occupant of such dwelling as his residence or a member of said owner- occupant's immediate family. children by birth or adoption, and said children's spouse. %ec. 7. Refusal of Permit. The Plumbing Inspector is duthorized to refuse to issue any permit for the installation of any plumbing work in any building in which a plumbing system has, in whole or in part, been installed contrary to the Village Plumbing bode until'such illegazly installed plumbing shall have been removed therefrom. plumbing has been condemned by the Village Public Health Sanitarian or his regularly'authorized assistants a copy of the notice sent by the Village Public Health Sanitarian to the owner, agent, occupant, or person in charge or control of the premises where such plumbing has been condemned, shall be filed with the Plumbing Inspector by said Public Health Sanitarian, and all repaLrs, 'alterations and installations made on such condemned plumbing shall be made and done in accordance with the provisions of the Village Plumbing Code. The plumber engaged to perform such work, before entering upon the performance of the same, shall secure a permit for such work as above required and shall make such tests of the completed work as mequired by the Plumbing Inspector. No person shall install or reinstall any hot water heater or a hot water storage tank j.n connection vith a heating - dement connected to any water system, in any building, without first having obtained'a permit from the Plumbing Inspector. "Immediate family" includes only a parent, I "Sec . c 8. work on Comdemned 'Plumbing. Vhenever any old or unsanitary '%ec 9. Hot Water Heaters. "Set, 10. When Permit Not Required. Permits will not be required for repairing leaks in water pipes or for resetting the same fixtures after repairs to walls or floors or for repairs of faucets or valves. "Sec. 11. Minneapolis Plumbing Permit Fees Adopted. There is also hereby adopted by reference Chapter 203 (P1umbing.Permi.t Fees) of the Minne- . gpolis Ordinance Code of July 1, 1960, with all amendments made thereto as of - July 1, 1972, as the schedule of fees for permits for all pluybing work in the Village of Edina for which a permit is required; provided, that the minimum fee for any plumbing permit shall be $5. All references therein to "City" shall be construed as referring to the Village; and all references -thereto to '%spector of Buildings" shall be construed as referking to the Village Plumbing Inspector. "Set. 12. Three -copies of the ordinances above described, together with th'ree copies of each code or stahdard referred - to, shall be marked as official copies and used for use and examination by the public in the office of the Village Clerlc: following additional regulations shall apply to all plumbing work: Grades of one Inch'per 3 feet minimum and not over one inch per 2 feet maximum. All lines shall be laid on firm ground with back fill well compacted. Meters shall be set at least 1 foot above the floor and not over 4 feet above it. There must be a gate valve on each side of the meter. Official Copies on File. "Sec. 13. Additional Regulations for Plumbing Installations, The All sewers shall be laid with an even pitch without sags or bows. . 6/5/72 I All water services passing through a portion of the building shall be Curb boxes must be brought up-to grade and .must be plumb and operable All ditches shall be left open until after inspection. Safety regulations applicable whenever the plumbing work required the There must be two men on each job.at.al1 times when work is in progress. All hand dug holes must be cribbed from the top to bottom as they are All machine dug holes or ditches with perpendicular side'walls must run under the floor or slab to the location of the meter. after backfilling. digging of ditches or holes more than four feet deep: . dug. be shored or braced from top to bottom for their entire length. frames with 3/4" p1yt;lOOd sides or 3/4@' plywood with metal jack spreaders spaced every 3' on center ho.rizontally and vertically are acceptable as shoring. inspection. Unshored holes and ditches are acceptable only if the sides are sloped one foot out for every one and one half feet in depth. ditch must be 11' 4" across the top, an eight fpot ditch must be 12' 8;' across the top, and a nine foot ditch must be 14 foot across the top, assuming a two foot width across .the bottom. the ditch. 'to prevent their rolling back into the ditch. gutter to make a connection, the slab or curb and gutter must be shored with 4 x 4 timbers. gutter and supported by 2 4 x 4 timbers resting on solid ground. shall be placed at no more than 3 foot intervals. tions the proper safety precautions shall be observed, including bracing and shoring of walls to prevent cave-in. . progress. All epcavations on Streets or sidewalk ways must be protected by flares and barricades. Because of the numerous underground services installed in the Village by the public utilities, the location of gas lines, telephone lines and electric lines must be ascertained by the person in charge of the work before digging is started." Sec. 2. Renumbering of Sections. Sections 9 thru 21 of Ordinance No. 431 are hereby renumbered 14 through 26, respectivelj, effective July I, 1972. Sec. 3. ing and Refrigeration Code. repealed in their entirety effective JULY 1, 1972, and the following sections are hereby adopted in lieu thereof, effective July 1, 1972: Refrigeration Code Adopted. sota Heating, Ventilating, Air Conditioning and Refrigeration Code, being a part of the Minnesota State Building Code as promulgated by the Department of Administration of the State of Minnesota and filed with the Secretary of State and the Commissioner of,Administration of the State of Minnesota on January 6, 1972, installing, extending or altering any gas distribution pipes for the convey- ance, distribution or use of illuminating or fuel gas, or installing or connecting any gas burning appliance with the gas distribution pipes whether from a public or private source or supply "shall first secure a permit from the Plumbing Inspector authorizing him so to do. However, no permit shall be required of a person holding .a license for gas fitting work as required by this ordinance for repair o$ gas distribution pipe lhaks, repair and service of appliances, or the disconnecting and reconnecting of appliances necessary for repair or service to an appliance'or the building in which it is located. The appilikation for such permit shall be made upon a blank form prepared by the inspector for that prupose, and shall clearly describe the work to be done under such permit and shall be accompanied when required by said inspector by full plans and specifications of the same; affen which, if it shall appear to said inspector that all applicable laws and Village ordinances are, or when the work is completed Fill be, complied with, he shall grant such permit. Notwithstanding any other provision of- this Ordinance to the contrary, and where permitted by State law, permits may be issued to make repairs, additions, replacements, and alterations of'gas piping and install gass appliances in a single-family dwelling structure used exclusively for living purposes or any accessory buildings thereto provided that all such work in connection therewith shall be performed only by the person who is the bona Mefal box All frames or shoring must be left in the excavation until after I A seven foot All materials shall be kept back at least two feet from the edge of All rocks or. large frozen pieces must be piled far enough back Phere*it is necessary to tunnel or-undermine a slab. or a curb or A 4 x.4 header must be placed under the slab or curb and Shores When digging next to founda- ,- All excavations must be covered or barricaded when work is not in Repeal; Adopt.ion of State Heating, Ventilating, Air Condition- Sections 22 and 23 of Ordinance No. 431 are hereby "Sec. 27. Minnesota Heating, Ventilating, Air Conditioning and There is hereby adopted by reference the Minne- *. '%ec. 28. Permits. Every person before constructing, reconstructing, 1-04 j 6/5/72 fide owner and occupant of such dwelling as his residence or a member of said owner'occupant ' s immediate family as herein defined. includes only a parent, children by birth or adoption, and said children's spouse. install any material or appliance, or connect same to any gas system, which material or appliance he has not been approved by the Plumbing Inspector. been Approved by the Plumbing Inspector for installation when such is not a fact. hereby adopted by reference Chapter 204 (Gas Fitting Permit Fees) of the Minneapolis Ordinance Code,of July 1, 1960, with all amendments made thereto as of July 1, 1972, as the schedule of fees for permits for all gas fitting work in the Village of Edina for which a permit is required; provided that the minimum fee for any permit shall be $5. "Inspector of BuildingsBt shall be construed as referring to the Plumbing Inspector of the Village. tr No. 431 are hereby renumbered 31 through 41, respectively, effective July 1, 1972. This ordinance shall be in full force and effect immediately upon its passage and publication. "Immediate family'' "Sec. 29. Approval of Materials and Appliances. No person shall No person shall, knowingly represent that any appliance or material has -I "Sec. 30. Minneapolis Gas Fitting Permit Fees Adopted. There is also All references therein to Sec. 4. Renumbering of Sections. Sections 24 through 34 of Ordinance Sec. 5. SUBURBAN SIX COMPUTER PROGRAM PARTICIPATION AUTHORIZED. Chief Bennett, Councilman Johnson offered the following resolution and moved its adoption: WHEREAS, the Governor's Commission on Crime Prevention and Control has awarded funds under the Omnibus Crime Control and Safe Streets Act of 1968 to the Netropolitan Council for purposes of development of a Regional Criminal Justice Information System for the Benefit of the police, courts and correct- ional agencies within the seven county metropolitan area; and WHEREAS, the Supervisory Board, fon;;led under the terms of the grant for prrrposes of determining the policies and priorities fro development of the Regional System, has authorized payment of federal funds in the amount of $23,793.46 from the Grant to the City of New Hope for the purpose of con- tinuing operation of the Suburban-Six police incident management information system until July 1, 1972; NOW, THEREFORE, BE IT RESOLVED that the Village of Edina hereby agrees to provide a total of 25% in local funds or in-kind services as the required local match for the federal funds so authorized; and BE IT FURTHER RESOLVED that the Village of Edina agrees to submit all financial and administrative reports relative to the expenditure of such federal and local funds, in the format and on the dates prescribed by the Supervisory Board and/or the Metropolitan Council. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. XETRO TELETYPE TERMINAL PARTICIPATION APPROVED: As recommended by Chief Ben- net, Councilman Johnson offered the following resolution and moved its * adoption: As recommended by RESOLUTION RESOLUTION - IjHBREAS, the Village of Edina, a metro teletype terminal user, by previous resolution has authorized and directed the Bureau of Criminal Apprehension, Department of Public Safety to enter upon agreement as grantee to implement the - Metropolitan Communicative Upgrading program for the twelve month duration of a proposed federal grant and to administer the funds on behalf of the users; and WHEREAS, the Bureau of Criminal Apprehension- has declined to aat as grantee, and the Governor's Commission on Crime Prevention'and Control has now offered such grant funds to the Metropolitan Council as part of a Regional Informa- tion System (REGIS); NOW, THEREFORE, BE IT RESOLVEDFhat the Village of Edina hereby amends the authorization and direction contained in said prior resolution to authorize the receipt of federal funds and administration of funds by the Netropolitan Council on behalf of the metro teletype,terminal users; BE IT FURTHER RESOLVED that the committment as contained in that prior resolution to pay 25% of the cost as the local match and to accept monthly billing based on such 25% formula, is hereby confirmed with the understanding there will be a Supervisory Board reviewing financial arrangements in the future. 6/5/72 10 5 Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. BRWNDALE BRIDGE IMPROVEMENTS AUTHORIZED. As recommended by Mr. Dunn, Councilman Shaw's motion was seconded by Councilman Johnson and carried auth- orizing purchase of materials and negotiation of contract Browndale Avenue Bridge: Steel $1,250 .OO Stone Work 2,250.00 Total cost of the work was estimated to be between $4,200 as f0110WS for the and $4,500. T.H. 100 IlDPROVElrIENT FEASIBILITY REPORT GIVEN: COOPERATIVE CONSTRUCTION DENIED. Council expressed dismay at hearing from Mr. Dunn that the Minnesota Highway Department is asking the Village to pay $165,000 for utility relocation on T.H. 100 between Willson Road and Valley View Road at this time, with an estimated total cost to the Village for the entire T.H. 100 project of approximately $750,000. signed. Highway Department. It was informally agreed that the agreement not be Mr. Hyde will keep Council advised of future communications with the CONDEXNATION AUTHORIZED FOR YORK AVENUE RIGHT-OF-l?AY. Mr. Dunn advised Council that the Village does not have any kind of signed easements for any of the additional right-of-way for York Avenue from Yorktown to the 494 Frontage Road and that he is beginning to doubt that any such right-of-way will be forthcoming. Mr. Dunn advised that Mr. Rancone had said that commit- ments that he has obtained have been based on granting right-of-way in exchange for certain zoning considerations. Mayor Bredesen made it clear that . there would be no bargaining for any right-of-way. Councilman Johnson offered the following resolution and moved its adoption: As recommended by Mr. Hyde, RESOLUTION ~ BHEREAS, it is necessary, advisable and in the public interest for the Village of Edina to acquire land for public road purposes; and IIHEREAS, in order to accomplish such purpose, it is necessary for the Village of Edina to acquire a perpetual easement for public purposes for the exten- sion Southerly of York Avenue to the intersection with the North Frontage Road of Interstate Highway NO. 494 at Xerxes Avenue South; and WHEREAS, the efforts of the Village of Edina to obtain said perpetual ease- ments have been unsuccessful; and T.IHEREAS, by reason of the failure of the Village of Edina to obtain said perpetual easements, it has .become necessary to procure the same by right of eminent domain; NOW, THEREFORE, BE IT RESOLVED that the Village of Edina proceed to procure a perpetual easement for public road purposes for the extension Southerly of York Avenue to the intersection with the North Frontage Road of Interstate Highway No. 494 at Xerxes Avenue South under its right of eminent domain, and that the Village Attorney be instructed and directed to file the neces- sary petition therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the Village or by the Court; that the Village Attorney, the Mayor and Clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nayes and the resolution 17as adopted. POLYETHYLENE SHEETS AUTHORIZED FOR BRAEMAR PAVILLION. As recommended by Mr. Dalen, Councilman Johnson's motion authorizing expenditure of $1,336 for 80 sheets of polyethylene for Braemar Pavillion was seconded by Councilman Shaw and carried. CLAIMS PAID. Motion of Councilman Johnson was seconded by Councilman Shaw and carried for payment of the following claims as per Pre-List dated June 5, 1972: General Fund, $30,924.17; Construction Fund, $118.60; Park, Park Construction, Arena, Swimming, Golf, Gun, $16,236.02; Water Fund, $4,703.61; Liquor Fund, $59,930.04; Sewer Fund, $33,540.11; Improvements, $1,878.00; Total, $147,330.55; and for confirmation of payment of the fol- lowing claims: General Fund, $86,846.32; Earl&, etc., Funds, $1,595.90; Water Fund, $2,579.08; Liquor Fund, $58,057.08; Sewer Fund, $109.80; Total, $149 , 188.18. No further business appearing, Councilman Shaw's motion for adjournment was seconded by Councilman Johnson and carried. Adjournment at 9:25 p.m. 2l.L ,& L Village Clerk