HomeMy WebLinkAbout19730205_regularMINUTES OF THE REGULARMEETING OF THE
MONDAY, FEBRUARY 5 , 1973
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
Members answering rollcall were Councilmen Courtney, Johnson, Shaw and Van
Valkenburg who served as Mayor Pro Tern in the absence of Mayor Bredesen.
IIINUTES of December 18 and 29, 1972, and January 8 and 15, 1973, were approved
as presented by motion of Councilman Shaw, seconded by Councilman Courtney and
carried, with the exception that the Minutes of December 18, 1972, be corrected
to indicate that Councilman Courtney's name should have been included in the
opening rollcall.
POLICE OFFICER HILDING S. DAHL RECOGNIZED UPON 36 YEARS OF SERVICE.
advised by the Village Manager that Police Officer Hilding S. Dahl had completed
thirty-six years of service as a Police Officer for the Village of Edina,
Councilman Johnson offered the following resolution and moved its adoption:
Upon being
RESOLUTION OF APPRECIATION '
WHEREAS, Hilding S. Dahl has served as a Police Officer of the Village of
Edina since February 1, 1931; and
WHEREAS, during these thirty-six years, Officer Dahl has served the Village
of Edina with courage, loyalty, honesty and dedication 'beyond the call of duty;
NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council, on behalf of
the citizenry as a whole, express its appreciation to OFFICER HILDING S. DAHL
for his many years of faithful service to the Edina Police Department and to the
residents of Edina; and
BE IT FURTHER RESOLVED that this resolution be spread upon the pages of the
Minutes Book of the Edina Village Council and that an appropriate copy be
presented to Hilding S. Dahl.
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.
50TH STREET AND FRANCE AVENUE BUSINESSES THANKED FOR GIFT.
offered the'following resolution and moved its adoption:
Councilman Johnson
RESOLUTION OF APPRECIATION
WHEREAS, Clancy Drug, Inc., Edina Union 76, First Edina National Bank and Lunds, -
Inc., have, over the past years, contributed generously to the special equip-
ment and educational needs of the Edina Police Department; and
WHEREAS, during'the month of January, 1973, Clancy Drug, Inc., Edina Union
76, First Edina National Bank and Lunds, Inc., again contributed $50 each
to the Edina Police Department to be used for sending an officer of the Edina
Police Department to a special school on narcotics;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Village Council express
sincere appreciation and thanks to CLANCY DRUG, INC., EDINA UNION 76, FIRST
EDINA NATIONAL BANK, LUNDS, INC., for taking this means of expressing their
concern for the Village of Edina by their giving of such a generous contribution,
Motion for adoption of the resolution was seconded by Councilman Shaw and carried.
J.URL KRAHL PROPERTY REZONING REFEmD TO ENVIRONMENTAL QUALITY COBIMISSION AND
METROPOLITAN COUNCIL FOR RECOMMENDATIONS. Affidavits of Notice were presented
by Clerk, approved as to form and ordered placed on file.
notice given, Public Hearing was conducted and action taken as hereinafter set
forth. Mr. Luce presented the petition of Mr. Karl Krahl for zoning change of
his property located generally South of Vernon Avenue and West of Arctic \Jay
from R-1 Residential District to PRD-3 Planned Residential District. He
recalled that this 2.75 acre tract of land has quite severe grades and is heavily
wooded.
development but have,now recommended approval of a 93 unit lunirjr apartment
building which will be 545 feet long, with retaining walls to be constructed so
as to save as many trees as possible and so that extensive grading would'not be
necessary. Mr. Stanley Taube and Michael Veiner of Dimension Development Corp-
oration, who has a purchase agreement with Mr. Krahl, presented an artist's
conception of the apartment, noting that almost all parking IS endlosed and
that the proposal conforms to the Western Edina Plan with twelve units per
acre.
the hill. Dre Patrick J. Scanlan, 6144 Arctic Way, said that he and three
other neighbors would make presentations on behalf of homeowners.
by speakers, Nessrs. Charles P. VeLure, 6125 Arctic Way, Leon A. Demee, 6116
Arctic Flay and Earl "Pat" Crow, 6113 Arctic Way, copies of their remarks are
attached*hereto and incorporated as a part of these lrlinutes. Mr. Dunn said
that he would not disagree with tfaffic projections of the property owners,
except that all trips would not be going in the same direction. Councilman
Shaw pointed out that even though the property falls in the Hdljlcins School
District, the Council still had the responsibility of the zoning. He added
Pursuant to due
Planning Commission has in the past denied approval of various types of
Mr- Weiner requested a reward for higher density for retaining most of
As requested
2/5/73
that, should zoning be denied, Council should be prepared to acquire the
property for the Village. Hr. Shaw concurred with Councilman Johnson's com-
ment that the matter should be referred to the Environmental Quality Commis-
sion for its recommendation.
ings would not preserve the integrity of the area any more than the develop-
ment proposed.
approval so that they can continue with their plans. He replied to a quest-
ion by Council that the proposed building would have 1.5 storfes below grade
and 3% stories above grade.
Shaw's motion to continue the matter and refer the proposal to the Environ-
mental Quality Commission and to see what happens at the March 1, 1973 meet-
ing of the Metropolitan Council, was then seconded by Councilman Johnson and
carried.
llr. Taube pointed out that single family dwell-
He reiterated that his company only is requesting concept
Following considerable discussion, Councilman
CROSSTOWN HIGHWAY SURFACING DISCUSSED; OVERLAY TO BE INSTALLED FROM BEARD
PLACE TO TRACY AVENUE. 1f.r. Hyde called Council's attention to a letter from
the Hennepin County Engineer advising that the .extension of the bituminous
overlay requested by the Village will be completed from Beard Place to
Tracy Avenue. No action was taken.
HOUSIXG NEEDS COIEIITTEE QUESTIONNAIRE READY FOR MAILIhG.
letter from the Housing Needs Committee questionning the delay in sending out
the questionnaire proposed by the Housing Needs Committee, Nr. Hyde advised
that the questionnaire is being mailed outwit@ Village niaps which are at the
mailing service at this time.
In response to a
GOVERNBBNTAL COMMISSION APPOINTMENT URGED. Letters from llrs. Virginia Scott,
Mr. Jack Sell, Chairman of the Edina Forum, and lirs. Nancy Atchison, President
of the League of Women Voters of Edina, urging appointment of a Governmental
Commission were noted by Hr. Hyde. No action was taken.
NRS. SUE BONOFF RESIGNATION FROM HUISAN RIGHTS COMhIISSION ACCEPTED.
advised by Nr. Hyde of the resignation from the Human Rights Commission of Mrs.
Sue Bonof f, Councilman Johnson' s motion was seconded by Councilman Courtney
and carried, accepting the resignation with regret.
Upon being
I GRANDVIEW AREA BUS STOP REQUEST REFERRED TO TRANSIT COMMISSION,
called Council's attention to an anonjlmous letter requesting a bus stop in the
Grandview area. Councilman Courtney's motion was seconded by Councilman Shaw
and carried referring the matter to the Transit Commission.
Mr. Hyde
ARMORY CONSTRUCTION REQUEST REFERRED TO PLANNING CONMISSION. Mr. Hyde called
Council's attention to a letter from the Adjutant General of the Minnesota
Department of Military Affairs advising of a policy of decentralization of the
National Guard with-the acquisition of five new locations outside of Minneapolis
proper.
Councilman Shaw, seconded by Councilman Johnson and carried.
The request {gas referred to the Planning Commission by motion of
ENVIRONIIENTAL QUALITY COBEKSSION RETENTION REQUESTED. A letter from the Presi-
dent and the Environmental Quality Committee Chairman of the League of Women
Voters of Edina protesting the proposed discontinuation of the Environmental
Quality Commission was brought to Council's attention.
motion that the letter be placed on file and noted again when the Environmental
Quality Cormnission is again discussed by Council was seconded by Councilman
Johnson and carried.
Councilman Courtney's
GREG ADDITION PRELIMINARY PLAT APPROVAL HEARING DATE was set for February 26,
1973,aby motion of Councilman Johnson, seconded by Councilman Shaw and carried.
AMBULANCE BIDS TO BE TAKEN.
requesting permission to acquire a new ambulance in view of the very poor condi-
tion of the present ambulance. Federal matching funds are available, along with
$1,643.25 in the Robbins Ambulance Memorial which can be contributed toward the mop n purchase of a new ambulance. Following some discussion, Councilman Johnson s?
was seconded by Councilman Courtney and carried authorizing taking bids for
the ambulance and further authorizing the increase of the fee for transporting
patients from $20 to $30.
Mr. Hyde referred to a memo from Chief Bennett
FRED RICHARDS REAPPOINTED TO PARK DEPARTMENT.. As recommended by Mayor Bredesen,
Councilman Johnson's motion was seconded by Councilman Shaw and carried confirm-
ing the reappointment of Eir. Fred Richards to the Parlc Department for a three
year term.
2/5/73
a h
LOT 9, BLOCK 11, NORMANDALE ADDITION ACQUISITION AUTHORIZED. As recommended
by the Village Manager and by the Park Board, Councilman Courtney's motion was
seconded by Councilman Johnson and carried, authorizing the acquisition of
Lot 9, Block 11, Normandale Addition for park purposes.
HUMAN RIGHTS CONSULTANT'S REPORT ACCEPTED.
Consultant for the month of January was reviewed and ordered placed on file by
motion of Councilman Johnson, seconded by Councilman Courtney and carried.
Activities rgport of the Human Rights
MINNEHAHA CREEK JOINT POWERS AGREEMENT AND PETITION AUTHORIZED.
sented *%ooperative. Agreement for a Coordinated Land and Plater Nanagement
Program for Minnehaha Creek" and "A Petition for a Basic TJater and Land Man-
agement Improvement Project for Minnehaha Creek" both of which have been
approved by the Village Attorney and by the Environmental Quality Commission.
Mr. Hyde recalled that a similar Cooperative Agreement had been approved by
the Village Council some time around May, 1972, but that no agreement was
ever signed and no funds were paid out under that agreement.
agreement also obligated the Village to pay not in excess of $1,250.00 for the
federal grant application costs. Mr. Erickson pointed out that the Petition,
even though signed by the Village and all other signatories, may be dismissed
at any time by all of the petitioners acting together, and upon payment of
the costs and expenses incurred, which costs and expenses are limited to
$1,250.00. It was also noted that the City of Minneapolis has refused to sign
the agreement and petition until the suburban communities do so.
some discussion, Councilman Johnson offered the following resolution and moved
its adoption:
Mr. Hyde pre-
That prior
Following
RESOLUTION
BE IT RESOLVED that the Village of Edina enter into "Cooperative Agreement for -
a Coordinated Land and Water Management Program for Minnehaha Creek" and "A
Petition for a basic Water and Land Management Improvement Project for Minne-
haha Creek" with the Cities of Minneapolis, Hopkins, St. Louis Park and
1-linnetonlca for the purpose of authorizing the Watershed District to prepare
applications for state and federal funds to assist in financing tpe cost
of certain creek improvement projects; and
BE IT FURTHER RESOLVED that the amount to be borne by the Village'of Edina shall
not exceed $1,250 under both the petition and the cooperative agreement.
Motion for adoption of the resolution was seconded by Councilman Courtney
and on rollcall there were f6ur ayes and no nays and the resolutidn was adopted.
FLOOD INSURANCE QUALIFICATION APPLICATION APPROVED. Mr. Hyde called Council's
attention to the fact that, once the Village of Edina adopts the Flood Plain
Ordinance, it will be in a position to apply for qualification for flood
insurance under the National Flood Insurance Act of 1968. Councilman 3ohnson
then offered the following resolution and moved its adoption:
WHEREAS, certain areas of the Village of Edina are subject to periodic flood-
ing from Minnehaha Creek and Nine Mile Creek, causing serious damages to
residential properties within these areas; and
PlHEREAS, relief is available in the form of flood insurance as authorized by
the National Flood Insurance Act of 1968 as amended; and
WHEREAS, it is the intent of this Council to comply with land use and manager
ment criteria regulations as required in said act; and
PIJBREAS, it is also the intent of this Council to recognize and duly evaluate
flood hazards in all official actions relating to land use in the flood plain
having special flood hazards; and
WHEREAS, the Code Citation(s) of the State of Minnesota enabling legislation
and of the Village ordinance that authonizes this Village to adopt land use
and control measures are: Minnesota Statutes Bection 462.351 to 462.363,
inclusive; Minnesota Statutes, Chapter 104; Edina Village Ordinance No. 815;
Nal, THEREFORE, BE IT RESOLVED, that this Council hereby assures the Federal
Insurance Administration that it takes the following legislative action:
the responsibility, authority and means to:
dexineating the limits of the areas having special flood
hazards on available local maps of sufficient scale to
identify the location of building sites.
Provide such information as the Administrator may request
concerning present uses and occupancy of the flood plains.
Maintain for public inspection and furnishing upon request, with
respect to each area having special flood hazards, information
on elevations (in relation to mean sea level) of the lowest
floors of all new or substantially improved structures; and
RESOLUTION
(1) Appoints the Village Director of Public l?orks and Engineering with
(a) Delineate or assist the Administrator, at his request, in
(b)
(c)
1- %. 2/5/73
(d) Cooperate with Federal, State and local agencies and private
firms which undertake to study, survey, map and identify
flood plain areas, and cooperate with neighboring communities
with respect to management of adjoining hazards.
Submit on the anniversary date of the community's initial
eligibility, an annual report to the Administrator on the
progress made during the past year within the community in
the development and implementation of flood plain area
management measures.
(e)
(2) Take such other official action as may be reasonably necessary to
carry out the objectives of the program; and
BE IT FURTHER RESOLVED, that this Council hereby appoints the Village Manager
with the overall responsibility, authority and means to implement all commit-
ments made herein.
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.
FRANK LUNDBERG AMERICAN LEGION POST BINGO LICENSE CONTINUED.
advised the Council that the Frank Lundberg American Legion Post had once
again requested colitinuation of their Bingo License at the Edina American
Legion Hall until their building is completed.
Manager that no problems had been incurred in the past, Councilman Courtney's
motion was seconded by Councilman Johnson and carried authorizing the contin-
uation of the Bingo License until August 6, 1973.
IIINNESOTA POLLUTION CONTROL AGENCY PUBLIC HEARIhGS NOTED. Council was advised
by tk. Hyde of the fact that the Ninnesota Pollution Control Agency has est-
ablished a' mandatory certification program for water and wastewater operators.
Hearings will be conducted on February 64 and 22, 1973, and the Village i;rill
be represented.
Blr. Hyde
Being advised by the Village
.i
PEDESTRIAN - BICYCLE PATHS HEARIRG DATE SET. Mr. Dunn advised Council that
the estimated total overall construction cost for pedestrian - bicycle paths,
as proposed by the Path Committee, was $493,575.00, which cost would cover the
cost of all paths proposed to be constructed through 1977.
viewed the proposed routes that the paths would follot7, Councilman Shaw
expressed regret that no path had been suggested along the East side of
France Avenue between 1.7. Fuller Street and 17. 58th Street. Ms. Jan Rands of
the Path Committee, said that the Committee had considered it safer to keep
bicycle traffic off of France Avenue. IIr. Folke Victorson, 6440 Indian Hills
Pass, who enumerated hazards along the existing path on Vernon Avenue between
the Grandview Shopping Area and Gleason Road and the Crosstown Highway, ~7as
told that these hazards would be eliminated. tlr. Rosland advised Mrs. Maland
Hurr that the paths would probably have sloping curb cuts at intersections,
but added that it might be safer if bicycle riders would have to walk, rather
than ride, their bicycles across the intersections. In reply to a question
of Councilman Johnson, Mr. Dalen suggested raising the bicycle license fee
to $3.00 annually, with an annual family maximum charge of $10.00. This addi-
tional revenue, he said, could be used for maintenance of the paths. It was
further purposed that federal revenue sharing funds might be used in part to
finance the improvement.
son's motion authorizing the concept of the paths, setting hearing date for
March 5, 1973, and requesting including a path along the East side of France
Ave. between W. Fuller Street and W. 58th Street, with the understanding that
Council was not giving tacid approval to any method of financing, was then
seconded by Councilman Shaw and carried.
will be informal.) Councilman Shaw then expressed the appreciation of the
Council to the Committee for their efforts in this proposed improvement.
was also understood that the Bicycle Ordinance would be amended to provide for
an increase in license fees.
PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS DISCUSSED.
CouncKL's attention to a memo from Ilessrs..Dalen, Dunn and Rosland on the pro-
posed use of Federal Revenue Sharing Funds.for 1972 thn 1976.
estimated to be received, it was proposed that $268,350 would be used for
Pedestrian - Bicycle Paths, $21,650 for a two-way radio system and $610,000
for an enclosed swimming pool (subject to further discussion with the Park
Board. The Village two-way radio system was continued to March 5, 1973, by
motion of Councilman Johnson, seconded by Councilman Courtney and carried.
No action was taken on the proposed use of Federal Revenue Sharing Funds.
I As Council re-
Following considerable discussion, Councilman John-
@re hnn emphasized that this-hear5.g
It
Mr. Hyde called
of the ~~~~~~0~
2/5/73
h
LUNDGREN CONDEHNATION AI7ARD ACCEPTED. llr. Erickson advised Council that the
Lundgren appeal from the Commissioner's award was heard in connection with
the condemnation of Mud Lake Property, with a jury verdict of $39,000. As
recommended by the Village Attorney, Councilman Johnson offered the following
resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the Edina Village Council that the jury verdict of $39,000
be accepted for the Lundgren Mud Lake property be accepted.
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.
LIQUOR STORE SALES FOR JANUARY REVIEWED. Nr. Hyde presented a comparison of
sales for the various Edina Liquor Stores for the month of January for 1972
and 1973.
placed on file by motion of' Councilman Shaw, seconded by Councilman Courtney
and carried.
An overall increase of 22% was noted and the report was ordered
HOUSE FILE 9 (MININUM WAGES AND OVERTIME) OPPOSED. As recommended by Mr. Hyde ,
Councilman Courtney offered the following resolution and moved its adoption:
WHJIREAS, Minnesota House File 9, as passed by the House Labor-Management
Committee and sent to the House Government Operations Committee, extends the
State Minimum Wage coverage to municipalities; and
BHEREAS, House File.9 in its present form stipulates a minimum wage of $2.00
per hour and the payment of one and one-half times the regular hourly pay
rate for all hours worked in excess of 40 hours per week; and
T?HEREAS, detailed analysis of the effects of the House File 9 provisions
indicate that, if they are enacted; into law, the Village of Edina would be
faced with an immediate increase of $193,000.00 for Fire Department salaries
in 1973 and $25,000.00 in the Park Department recreational program;
NOT.7, THEREFORE, BE IT RESOLVED by the Mayor and Village Council of the Village
of Edina, that strong opposition be raised to the provisions of Ninnesota
House File 9, inasmuch as it represents an unwarranted intrusion by the State
of Minnesota into the affairs of the-municipality and because the provisions of
the bill would require either a drastic increase in local property taxes, with
the municipality being forced to pay the penalties-for taxing above the
legislatively imposed property tax limitations, or a severe cutback in fire
fighting protection and park services; and
I BE IT FURTHER RESOLVED that the Village of Edina supports the efforts of the
Minnesota League of Municipalities and other interested parties to have
municipalities exempted from the provisions of House File 9.
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.
RESOLUTION
HOUSE FILE 295 (LABOR RELATIONS BILL) OPPOSED. As recommended by Mr. Hyde,
Councilman Shaw offered the following resolution and moved its adoption:
WHEREAS, Minnesota House File 295 as introduced to the 1973 Session of the
Minnesota State Legislature and sent to the House Committee on Labor-Management
Relations provides for revolutionary changes in the Public Employment Labor
Relations Act of 1971 which have a profoundly undesirable effect on the municir
palities ability to effectively and efficiently manage its personnel; and
WHEREAS, provisions of House File 295 would greatly enhance the raw'bargain-
ing power of public unions by permitting non-essential employees the right
to strike, the ability to conduct a secondary boycott of any governmental
operation with immunity from penalty, the ability to coerce the public
employer to agree fo binding arbitration; and
WHEREAS, the enactment of House File 295 in its present form would cripple
the ability of local units of government to control taxes, expenditures,
programs and operations by reason of the ability of the arbitrator to require
the municipality to levy taxes or sell bonds, notwithstanding any legislatively
imposed tax levy limitations or home rule bonded indebtedness limitations to
pay for an arbitration award; and
I*7HEREAS, House File 295 severely limits thelability of the Village of Edina
to have effective supervisory control over its operations as, by definition,
the Village Manager would be the only "supervisory employee" in the Village of
Edina; and
WHEREAS, the enactment of House File 295 would undermine the "good faith"
collective bargaining process by making the Village of Edina responsible for
all costs of arbitration; and
T.JHEREAS, the provisions of House File 295 would prohibit joint negotiations
among public employers and an exclusive representative which has proven to be
RE SOLUTION
18. 2/5/73
/
to the benefit of the several municipalities in the metropolitan area and the
'exclusive representative for public works employees in those municipalities,
Local 49 of the International Union of Operating Engineers; and
WHEREAS, the enactment of House File 295 would cause the Village of Edina to
lose effective supervisory control over those elected officers or appointed
representatives of the exclusive representative 5s the public .en~P-oy&r: is '
required to'grant'unlimited time off with pay to these union officials for the
purpose of conducting the duTies of the exclusive representative and must also
provide them with a leave of absence upon request for any purpose; and
IJHEREAS, the enactment of House File 295 would infringe on the rights of the
individual employees of the Village of Edina and diminish their ability to
influence the actions of the exclusive representative or the employee's free-
dom of choice in belonging to a labor union and giving that labor organiza-
tion his financial support;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and tfie Village Council of the
Village of Edina, Ninnesota, that the enactment of House File 295 is not in
the best interest of the citizens and taxpayers of the Village of Edina and
that the Village Council hereby goes on record as being unalterably opposed
to the present provisions of House File 295; and
BE.IT FURTHER RESOLVED that the Village Council of the Village of Edina sup-
ports the efforts of the Minnesota League of Nunicipalities as stated in its
legislative program in the matter of public employee labor relations and
urges its elected Representatives and Senators to use such influence as they
.may command to insure that amendments which may be made to the Public Employ-
ment Labor Relations Act of 1971 are in the best interests of the citizens
and taxpayers of the State of Minnesota.
Notion for adoption of the resolution was seconded by Councilman Johnson and
on rollcall there were three ayes, with Councilman Courtney voting "Nay" and
the resolution was adopted.
I
..
I. f
DEVELOPMENT DISTRICTS ENABLIHG LXGISLATION AUTHORIZED. Referring to a memor-
andum presented by Nr. Luce, Nr. Hyde indicated that several communities have
been using special legislation to establish districts for the purpose of bor-
rowing money to finance improvements in local housing and commercial develop-
ments.
use this tool and would, therefore, like to see special legislation. Inasmuch
as the deadline for submission of special legislation is approaching, he
indicated that there is some urgency for Council approval.
Courtney's motion was then seconded by Councilman Johnson and carried, author-
izing the Village to seek special legislation for development districts.
Nr. Hyde said that there is a possibility that Edina may be able to
Councilman I
ORDINANCE NO. 106--GRANTED FIRST READING.
for First Reading, which ordinance had been drafted by Councilman Johnson and
approved by the Village Attorney. Favorable comments on the ordinance were also
made by an unidentified lady in the audience. She said that the Human Rights
Commission was pleased with the ordinance. Councilman Johnson thereupon offered
Ordinance No. 106 for First Reading as follows:
Vr. Hyde presented Ordinance No. 106
ORDINANCE NO. 106
AN ORDINANCE ESTABLISHING A LOCAL Huf.IAN RELATIONS COBIEIISSION
AND REPEALING ORDINANCE NO. 104
IN THE VILLAGE AND DEFINING ITS DUTIES,
Section 1. Statement of Public Policy. It is the public policy of the
Edina Village Council ("CounciltE) and the School Board of Independent School
District No. 273, Minnesota ("School Board") to:
Secure for all of the residents of the community freedom from dis-
crimination because of race, color, creed, religion, age, sex or national
origin in connection with employment, housing and real prbperty, public accom-
modations, public services and education;
and
Minnesota League of Human Rights Commissions and other agencies in their pro-
grams of human rights.
Relations Comission is hereby established with the membership and the duties
hereinafter set forth.
14 members, all appointed by the Nayor with the approval of the Council, but 7
from a list of candidates prepared by the Nayor and Council, and 7 from a list
presented to the Council by the School Board. The former list shall include
one Edina resident who is a high school or college student, one member of the
Council, and five other residents; the later list shall include one Edina
(1)
(2)
(3)
Improve the home, family and human relations climate in the-community;
Cooperate with the State of Minnesota Department of Human Rights, the
Sec. 2. Establishment of the Human Relations Commission. The Edina Human
Sec. 3. 3fembership of the Commission. The Commission shall consist of
2/5/73
.J resident who is a high school student, one member of the School Board, and
five other residents. Members 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. Members of the
Commission shall be appointed for terms of three years, except for the high
school Or college students and elected officials who shall be appointed for
terms of one year each.
one shall be appointed for a term of one year, two for a term of two years,
,and two for a term of three years.
office a member shall continue to serve until his successor shall have been
appointed.
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term. Whenever the term of a member
originally proposed by the School Board expires, or such member vacates his
office, his successor shall likewise be chosen from a list of candidates
presented by the School Board.
out compensation and may resign voluntarily or be removed from office by
majority vote of the Council.
sion to advise and counsel the Council and School Board on matters relating
to discrimination and human relations referred to herein; to implement such
programs of education and community action which are designed to effectuate
the public policy stated in Section 1 hereof as shall be approved by the
Council; to cooperate with the State of Minnesota Department of Human Rights,
the Minnesota League of Human Rights Commissions and other agencies and pro-
grams which relate to the public policy stated herein; and to investigate,
study, report and undertake other functions as are assigned to local commis-
sions under and pursuant to Chapter 363 of the Minnesota Statuees, and to
discharge its duties under said Chapter 363 with regard to specific matters
referred to Lt by the State Commissioner of Human Rights or filed with it by
individuals. ...
From the five remaining candidates on each list,
Upon the expiration of his term of
Any person appointed to fill a vacancy occurring prior to the
Members og the Commission shall serve with-
Sec. 4. Duties of the Commission. It shall be the duty of the Commis-
Sec. 5. Organization. The Commission shal:
(1) Elect from its membership a Chairman or Chairwoman and a Vice Chair-
man or Vice Chairwoman, each of whom shall serve for a period of not more than
two (2) years.
shall preside.
(2) Appoint a Secretary from its membership or at its election request
that a staff secretary be furnished by the Village or the School District.
Sec. 6. All meetings of the Commission shall be open to the
public, and otherwise held pursuant to by-laws to be adopted by the Commission
as necessary or desirable
It.shal1 be the duty of the Secretary of or to the
Commission to record the minutes of all meetings and transmit a copy 'thereof
to each member of the Council and School Board.
The Chairman or Chairwoman shall preside at all meetings of
' the Commission. In his or her absence the Vice Chairman or Vice Chairwoman
Meetings.
for conduct of its business, and be governed by
'Roberts Rules of Order.
Sec. 7. Repealer. Ordinance No. 104 of the Village is hereby repealed.
Sec. 8. This ordinance shall be in full force and effect immediately
upon its passage and publication.
ORDINANCE NO. 311-A2 GRANTED FIRST READING.
ager, Councilman Johnson offered the following drdinance for First Reading:
As recommended by the Village Man-
ORDINANCE NO. 311-A2
AN ORDINANCE AMENDING ORDINANCE NO. 311 INCREASING
THE FEES FOR REDEEMING DOGS FROM A DOG POUND
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1 of Ordinance No. 311 is hereby amended to read as
follows :
being observed for rabies may be redeemed from the pound by an owner within
the time or period stated in Sec. 10 by paying to the Poundmaster the license
fee for the current year, an impounding. fee of $5, and a fee of $2.00 for
each day the dog is confined in the pound as the cost of feeding. If the
(log to be redeemed was impounded for any reason by the Village once during
the 12-month period next preceding the date of the present impounding, the
impounding fee shall be $10; or, if the dog was impounded twice during such
period, the impounding fee shall be $20; or, if the dog was impounded three
times or more during such period, the impounding fee shall be $40.
dog impounded has a license tag for the current year at the time it is taken
up, the license fee shall not be paid by the owner."
age and publication.
Section 1.
"Sec. 11. Redemption. Any dog impounded for a reason other than for
If the
Sec. 2. This ordinance shall be in full force and effect upon its pass-
2/5/73
. ..
-' -I
BUILDING INSPECTIONS ORDINANCES GRANTED FIRST READING.
Hyde and Mr. Erickson, Councilman Johnson offered the following ordinances
for First Reading, as required under the new State Building Code:
As recommended by Mr.
ORDINANCE NO. 429
AN ORDINANCE REGULATING INSTALLERS OF OIL BURNERS, STOKERS,
STEAM AND HOT WATER HEATXhG SYSTEMS, MECHANICAL WARM AIR HEATING
AND AIR CONDITIONING SYSTEMS, AND REFRIGERATION SYSTEMS;
REQUIRING LICENSES AND BONDS; AND PRESCRIBING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, -pINNESOTA, ORDAINS:
PART 1. GENERAL REQUIREMENTS FOR
DOING OIL BURNER WORK
Sec. 1. License Required. No person shall construct, install, alter,
repair or service, in any building or structure within the Village, any oil
burner business of installing, altering, repairing or servicing such oil.
burners or oil burner equipment, without having first secured a Class A Oil
Burner Installer's License as provided hereunder.
Sec. 2. Journeymen. No person shall engage in the occupation of or work
as a jorneyman in the construction, installation, alteration, repair or ser-
vicing of any oil burner or oil burner equipment, in any building or structure
within the Village, hithout having first secured a Journeyman Oil Burner
Installer's Licdnse as provided hereunder.
work as an apprentice, on the construction, installation, alteration, repair
or servicing of any oil burner or oil burner equipment without having first
secured a Certificate of Registration as an Apprentice Oil Burner Installer as
provided hereunder.
Sec. 4. Definitions. For the purposes of this Part 1, the following
definitions shall apply:
OIL BURNER:
of 100 degrees Fahrenheit, or higher, as determined by the Tag Closed Tester in
accordance with the method of test adopted by the American Society for Testing
Materials (A.S.T.M. Designation 5-56-21), and having a fuel tank or container
with a capacity of more than 10 gallons connected thereto.
OIL BURNER EQUIPNENT: Includes oil burners as above defined, and all
tanks, piping, pumps, control devices and accessories connected to such burners.
CLASS A OIL BURNER INSTALLER: A person duly licensed by the Village, as
henein provided, to engage in or carry on, in the Village, the business of
constructing, installing, altering, repairing and servicing oil burners and
oil burner equipment.
A person duly licensed by the Village,
as herein provided, to work on oil burners and oil burner equipment under the
direction and supervision of a duly licensed Class A Oil Burner Installer.
A person regularly engaged in the above-mentioned
industry learing the business under the direct supervision of a Class A or
Journeyman Oil Burner Installer and whose duties are those of a helper only
to such Class A Installer or Journeyman.
Sec. 5. Supervision of Licensee. All constructing, installing, alter-
ing, repairing and servicing of oil burners and oil burner equipment in the
Village shall be done under the immediate supervision and control of a Class
A licensee under this ordinance.
Sec. 3. Apprentices. No person shall engage in the occupation of or
Any device designed to bu-rn fuel oil having a flash point
I
JOURNEYMAN OIL BURNER INSTALLER:
APPRENTICE INSTALLER:
PART 2., GENERAL REQUIREEENTS FOR .
DOING STOKER WORK
Sec. 6. License Required. No person shall install, alter, repair or
service, in any building or structure within the Village, any stoker, such as
hereinafter defined, or engage in or carry on the business of installing,
altering, repairing or servicing such stokers, without having first secured
a Class A Stoker Installer's License as .provided hereunder.
Sec. 7. Stoker Defined. "Stoker", for the purposes of this Part 2,
shall mean a mechanical device for feeding solid fuel into the combustion
chamber of a boiler or furnace used in connection with a heating or power
plant, whether automatically or manually controlled.
Sec. 8. Supervision of Licensee. All installing, altering, repairing
and servicing of stokers in the Village shall be done under the immediate super-
vision and control of a Class A licensee under this ordinance.
PART 3. GENERAL REQUIREMENTS FOR DOING
STEAM AND HOT WATER HEATING WORK
Sec. 9. License Required. No person shall construct, install, alter,
repair or service any steam or hot water heating system, steam piping system,
or any cooling piping and equipment, in any building or structure within the
Village, or engage in or carry on the business of constructing, installing,
altering, repairing or servicing steam or hot water heating systems, steam
piping systems, or cooling piping and equipment, without having first secured
2/5/73 21
Class A Steam and Hot Vater Heating Installers License as provided hereunder.
Sec. 10. License, Permit Limitations. For the purposes of this Part 3,
in the case of air conditioning systems in connection with which the heating
is accomplished by means of steam or hot water heating plants, and in the
case of fan heating systems, the license above provided shall apply only
to the construction, alteration, installation, repair or servicing, and
the permits secured under authority of such license shall apply only to
the construction, installation, alteration, repair or servicing of the
steam or hot water heating plant, which shall be taken to mean and include
the boiler or boilers, and all controls, piping radiation heating or
cooling coils and other equiipment, directly connected therewith, and of
any cooling piping and equipment such as hereinafter defined.
The construction, alteration or repair of boilers, other than case
iron sectional boilers, is excepted from the provisions of this Part 3.
Sec. 11. Journeymen. No person shall engage in the occupation of or
work as a journeyman in the construction, installation, alteration, repair
or servicing of any steam or hot water heating system, steam piping
system or any cooling piping and equipment, in any building or structure
within the Village, without having first secured a Journeyman Steam and
Hot Water Heating Installer's License as provided hereunder.
Sec. 12. Apprentices. No person shall engage in the occupation of
or work as an apprentice, on the construction, installation, alteration,
repair or servicing of steam or hot water heating systems, steam piping
systems, or cooling piping or equipment without having first secured a
Certificate of Registration as an Apprentice Steam and Hot Water Heating
installer as provided hereunder.
Sec. 13. Definitions.
definitions shall apply:
STEAM HEATING SYSTEM:
from the boiler or other source of steam to the heating units by means of steam
at, above, or below atmospheric pressure.
A 'system in which heat is transferred from the boiler
or other source of steam to steam utilizing devices at, above, or below
atmospheric pressure, for purpQses other than for heating a building or other
structure.
A heating system in which water is used as
the medium by which heat is carried through pipes from the boiler or other
source of supply to the heating units.
COOLING PIPING AND EQUIPMENT:
gas, water or brine and designed and installed for the purpose of cooling air
in connection with any air conditioning system, or ventilation system, or
combination heating and cooling system.
SERVICING: The cleaning, re-setting, recementing and adjusting necessary
to maintain in efficient operating condition a steam and hot water heating .
system, steam piping system, or cooling piping and equipment otherwise in good
physical condition.
A person duly licensed
by the Village, as herein provided, to engage in or carry on, in the Village,
the business of constructing, installing, altering, repairing and servicing
steam and hot water heating systems, steam piping systems, and cooling piping
and equipment.
A person who is duly
licensed by the Village, as herein provided, to work on such heating, cooling,
and steam piping installations under the direction and supervision of a duly
licensed Class A Steam and Hot Water Heating Installer.
industry learning the business under the direct supervision of a Class A or
Journeyman Steam and Hot Water Heating Installer and whose duties are those
of a helper only to such Class A Installer or Journeyman:
Sec. 14. Superirision of Licensee. All constructing, installing, alter-
ing, repairing and servicing of steam and hot wate.r heating systems, steam
piping systems, and cooling piping and equipment in the Village, shall be done
under the immediate supervision and control of a Class A licensee under this
ordinance.
GENF,RAL REQUIREMENTS FOR DOING MECHANICAL
For the purposes of this Part 3, the following
A heating system in which heat is transferred
STEAM PIPING SYSTEM:
HOT WATER HEATING SYSTEM:
All piping and equipment containing liquid,
CLASS A STEAM AND HOT WATER HEATING INSTALLER:
JOURNEYMAN STEAM AND HOT WATER HEATING INSTALLER:
APPRENTICE INSTALLER: A person regularly engaged in the above-mentioned
PART 4.
WARM AIR HEATING AND AIR CONDITIONIhG WORK
Sec. 15. License Required. No person shall construct, install, alter,
repair, service or clean any air handling equipment and air distribution systems
in connection with air conditioning, fan heating, ventilation, or warm air
heating systems in any building or structure within the Village, or engage in
or carry on the business of so doing, without first having secured a license
as provided hereunder..
2/5/73
Sec. 16. License Limitations. The provisions of this ordinance shall
not apply to any person who in the: course of his regular business employs per-
/,
t-
sons who maintain, operate, repair, service or clean any warm air heating
system, any air handling and air distribution equipment associated with air
conditioning systems, any air handling and air distribution equipment associ-
ated with fan heating systems and/or ventilating systems, ixi a building owned,
leased and/or managed by such person, nor shall the provisions of this ordi-
nance apply to such persons so employed for such purposes. Provided, further,
that an unlicensed person may install, in single, two family, or multiple
dwellings, ventilation systems of a type commonly used for domestic kitchen
or bathroom exhaust when such systems are individually vented.
Sec. 17. License Classifications. Licenses shall be divided into 2
classes, to-wit:
structing, installing, altering, repairing, servicing and cleaning air handling
equipment and air distribution systems for air handling equipment and air
distribution systems for air conditioning, fan heating, ventilation, or warm
air heating. Class B shall include only'the business of cleaning the herein
listed systems and equipment provided no dismantling or replacement of equip-
ment is required.
Sec. 18, Journeymen. No person shall hereafter engage in the occupa-
tion of or work as a "Journeyman Warm Air Heating and Air Condieoning Installer"
yithin the Village without having first secured a Journeyman Warm Air Heating
and Air Conditioning Installer's License as provided hereunder.
of or work as a''4ipprentice Varm Air Heating and Air Conditioning Installer"
within the Village without having first secured a Certificate of Registration
as an Apprentice Warm Air Heating and Air Conditioning Installei as provided
hereunder.
Sec. 20. Class B Licenses. No person shall hereafter engage in the
occupation of, or do the work of cleaning warm air heating, air conditioning or
ventilation systems for a fee, unless he is the holder of a Class B license,
or employed by such license holder.
or persons in his employ, at each job location where he is cleaning duct work.
This identification shall include the name of the licensee, business address
and the Class B license number.
8 by 10 inches in size, posted at the job site, or said identification may be
permanently affixed to a vehicle located at the site of the duct work cleaning
job.
all work on a job site for fiailure to properly display such identification
until the provisions of this section are complied'with.
Sec. 21. Definitions. For the purpose of this Part 4, the following
definitions shall apply:
AIR CONDITIONING SYSTEM:
humidifying device, equipment and controls designed to provide for the simulta-
neous automatic control of the temperature, motion and humidity, and a reduction
in the dust content and odors or air employed in the ventilation of rooms.
air conditioning system may provide for either of the following three classes
of air conditioning :
Class A shall include all branches or the businesses of con-
Sec. 19. Apprentices. No person shall hereafter engage in the occupation
The holder of a Class B license shall be required to identify himself and/
I Xdentification shall be on a sign at least
The Building Official or his regularly authorized assistants may stop
Any system of heating, cooling, air cleaning,
An
(1) Winter air conditioning, which shall include the proper
distribution of the cleaned, hudified and heated air to and
within the spaces to be conditioned.
Summer air conditioning, which shall include the proper distri-
bution of the cleaned, dehumidified and cooled air to and
within the spaces to be conditioned.
All year conditioning, which shall provide for all the
services enumerated in (1) and (2) above.
(2)
(3)
ALTERATION:
FAN HEATING SYSTEN:
Any physical change in the system but not including such
ehings as adjusting or balancing the system.
heating in which the air is usually treated or handled by equipment located
outside the rooms served, usually at a central location and is conveyed to
and from rooms by means of a blower and a system of distribtuion duct work.
in satisfactory working order.
tain theefficient operating condition of an air conditioning system, fan heat-
ing system, ventilating system, and/or warm air heating system.
or corporation licensed as provided hereunder co engage in all branches of the
business of constructing, installing, altering, repairing, servicing and
cleaning of air handling equipment and air distribution systems for air-condi-
tioning, fan heating, ventilation or warm air heating.
A mechanical indirect system of steam or hot water
REPAIR:
SERVICING: The resetting, recementing and adjusting necessary to main-
Any work which is necessary to maintain air handling equipment
CLASS A WARM AIR HEATING AND AIR CONDITIONIhC INSTALLER: A person, firm
2/5/73 23
CL CLEANING MECHANIC: A person, firm or corporation engaged only
in the business of cleaning warm air heating systems, air conditioning
systems or ventilation systems, provfded no dismantling or replacement of
equipment is required.
JOURNEYMAN WARM A'TR HEATING AND AIR CONDITIONING INSTALLER:
who is duly licensed by the Village, as herein provided, to work on such
installations, under the direction and superyksion of a duly licensed Class
A Warm Air Heating and Air Conditioning Installer, as are enumerated under
"Class A warm Air Heating and Air Conditioning Installer."
A.person
working under the direct supervision of a Journeyman Warm Air Heating and
Air Conditioning Installer or a Class A Warm Air Heating and Air Conditioning
Installer, and whose duties are those of a helper only to such Class A or
Journeyman Installer.
duct work and other equipment designed to supply or remove air to or from any
building or structure.
casings, together with the necessary appurtenances thereto, consisting of
warm air supply pipes and fittings, cold air or recirculating pipes, ducts,
boxes and fittings, smoke pipes and fittings, dampers, registers, faces and
grilles, borders, fans or blowers, the same being intended for heating
the building in which they may be installed. The circulation of air within
such a system shall be dependent: upon the difference fn-density o'f,the warm
akr leaving t&e casing ,sad the.F~o% Gir entering .the:casing'if the system
is designed for gravity circulation. The circulation of air within such a
system shall be dependent upon the motive power furnished by a fan or blower
if the system is designed for forced air circulation.
Sec. 22. Supervision of Licensee. All constructing, installing, alter-
ing, repairing and servicing of air handling'equipment systems, and air distri-
bution in air conditioning systems, fan heating systems, ventilation systems,
and warm air heating systems in the Village shall be done under the immediate
supervision and control of a Class A licens'ee under the provisions of this
ordinance.
Sec. 23. Certain Acts Prohibited. No licensee, his agent or representa-
tive, or any other person shall dismantle any air conditioning system, fan
heating system, ventilating system, and/or warm air heating system without the
written approval of the owner thereof or his duly authorized representative.
No licensee, his agent, representative, or any other person shall remove
from the premises any of the parts of any such systems dismantled without
the written approval of the owner thereof or his duly authorized representative.
No licensee, his agent or representative, or any other person shall destroy
any piece of such above described equipment with intent to defraud or to
obtain the sale of new equipment.
A person
APPRENTICE WARM AIR HEATING AND AIR CONDITIONING INSTALLER:
VENTILATION SYSTEM: A fan or blower used in connection with associated
I
WARM AIR JBATING SYSTEM: One or more warm air furnaces enclosed within
PART 5. GENERAL REQUIREMENTS FOR DOING
REFRIGERATION WORK
Sec. 24. License Required. No person shall install, alter, repair or
service any refrigeration system or equipment in any building or structure or
engage in or carry on the business of installing, altering, repairing or
servicing refrigeration systems or Iquipment, without having first secured a
Class A Refrigeration Installers License as provided hereunder.
Sec. 25. License Limitations. The provisions of this Part 5 shall not
authorize the installation, alteration, extension or repair of any (a) water
piping to supply water for human consumption, or (b) waste pipes except
indirect waste pipes which convey condensate water or condenser water from
refrigeration systems or equipment and which are not directly connected to
compartments storing articles for human consumption.
Sec. 26. Acts Exempted. This Part 5 shall not apply to:
(a) The placing, setting, leveling or bolting together of refrigerated
display cases;
(b) The placing, setting, leveling or erecting of walkin coolers;
(c) (d) A domestic installation, alteration, maintenance and repair of a
(e)
(f)
(g) Sec. 27. Stationary Operating Engineers Exempted. Stationary operating
The installation and erection of frame cooling towers;
refrigerator or freezer having a cabinet volume of 25 cubic feet or less;
combined gross cubic foot volume of both cabinets is 25 cubic feet or less;
One or two family dwellings served by one condensing unit where the
Any unit system one-half horsepower or less;
The installation of self-contained window type air conditioners.
engineers who are duly licensed by and under the laws of the State of Minnesota
and are regularly employed as stationary cjperating engineers, and whose regular
employment, in part and incidental thereto, includes the maintenance, operation,
repairing and servicing of mechanical or chemical refrigeration systems,
2/5/73
including such systems used in connection with air conditioning, shall not be
required to secure a license under this Part 5 while so employed, nor shall any
person who is an employer of such stationary operating engineer in the operation
or carrying on of his business, wherein the maintenance, operation, repairing and
servicing of the aforesaid systems is confined to equipment owned or leased by
said employer, be required to secure licenses for such maintenance, operation,
repairing and servicing, if such maintenance, operation, repairing and servicing
is done under the direct supervision of a duly licensed stationary operating
engineer.
Sec. 28. Journeymen. No person shall engage in the occupation of or work
as a journeyman on the installation, alteration, repair or servicing of any
refrigeration system or equipment in any building or structure, without having
first secured a Journeyman Refrigeration Installer's License as provided here-
under.
definitions shall apply:
A person doing work at and in connection 5zith the
installation, alteration, repair and servicing of refrigeration systems under
the direction and supervision of either a Journeyman or Class A Eefrigeration
Installer.
CONDENSER PIPIEG AND EQUIPBENT:
with condenser heat rejection.
INDIRECT WASTE PIPE:
age system of a building but discharges into a plumbing fixture or receptacle
which is directly connected to the drainage system.
the Village, as herein provided, to work on refrigeration systems and equip-
ment under the direction and supervision of a duly licensed Class A Refrigera-
tion Installer,
CLASS A REFRIGERATION INSTALLER: A person, firm or corporation duly
licensed as herein provided, to engage in or carry on the business of install-
ing, altering, repairing and servicing refrigeration systems and equipment.
pansion, vaporization, or circulation.
circulated for the purpose of extracting heat.
Sec. 30. Definitions. For the purposes of this Part 5, the following
APPRENTICE INSTALLER:
All piping and equipment used in connection
A pipe that does not connect directly with the drain-
JOUlWJ3DIAN REFRIGERATION INSTALLER: A person who is duly licensed by
REFRIGERANT:
REFRIGERATION SYSTEN:
REFRIGERATION EQUIPBENT:
SERVICING: The cleaning, lubricating, recharging, pumping down and
adjusting nebessary to maintain in efficient operating condition a refrigera-
tion system otherwise in good physical condition.
Sec. 31. Supervision of Licensee. All installing, altering, repairing
and servicing of refrigeration systems and equipment shall be done under the
supervision and control of a Class A licensee under this Ordinance.
A substance used to produce refrigeration only by its ex-
A combination of parts in which a refrigerant is
Any part or parts of a refrigeration system.
PART 6. LICENSE REQU1REBiEN;r PROCEDURES
FOR ALL MECHANICAL TRADES
Sec. 32. License Procedure or Control: Penalties: License Period, The
provisions of Ordinance No. 141 of the Village, including the penalty pro-
visions thereof, shall apply to all licenses required by this ordinance and to
the holders of such licenses, except that licenses and renewals thereof shall
be granted or denied by the Building Official and every license hereunder shall
expire on the first day of January next following.
Sec. 33. License Applications. The application for any Class A or B
license or renewal of license required by this ordinance shall be accompanied
by proof that the applicant holds, for Class A, a current Master's Certificate
of Competency or, for Class B, a Certificate of Competency as a Class B Lic-
ensee issued by the appropriate Eiinneapolis Board of Examiners; or that the
applicant holds a current license of the 'same class as that for which the appli-
cation is made issued by the City of Minneapolis, or, when tests are required
for such license, issued by the City of Bloomington or the City of St. Louis
Par1 .
The application for any journeyman installer's license required by this
ordinance shall be accompanied by proof that the applicant holds a current
certificate of competency as a journeyman issued by the appropriate Binneapolis
Board of Examiners or that the applicant holds a current journeyman installer's
license for the same type of work for which application is.made issued by the
City of Minneapolis, or when tests are required for such license, issued by
the City of Bloomington or the City of St. Louis Park.
Any application for a certificate of registration as an apprentice
installer required by this ordinance shall be considered an application for
a license.
a place of business in the State of Minnesota.
business shall consist of a bona fide location where the business for which the
Sec, 34. Place of Business. Every applicant for a license must maintain
As used herein, place of
2/5/73 25
license is issued is transacted.
Sec. 35. Unlawful Acts. No licensee hereunder shall take out or
secure a permit for the construction, installation, alteration, repair or
servicing of any systems or equipment covered by this ordinance where said
work is to be done by any person not connected with or in the employe of
such licensee, norallow his name to be used by any other person for the
purpose either of doing any such work or of obtaining a permit therefor.
with his application a bond running co the Village in the penal sum of
$2,000.00, conditioned that the licensee, in all material and equipment by
him furnished and in all ivork by him-done and performed in constructing,
installing, altering, repairing or Servicing devices or equipment covered
by this ordinance, will strictly conform to the provisiqns of the ordinances
of the Village relating thereto.
done under the license during the period from thc date of issuance to the
date of expiration of the license.
Sec. 37. Liability Insurance. The applicant for a Class A or B
license shall also furnish proof'that a policy of public liability insurance
has been procured with respect to work to be performed by him during the
license period, for death or personal injury arising therefrom to any person
or persons, in amounts of not less that $100,000 for each person and $300,000
for each incident, and for damage to property arising from.any incident in
the amount of not less than $50,000.
shall be $10, except that if the license applied for will expire within six
months from the date of application, the fee shall be $5.00.
passage and publication.
Sec. 36. Bond. Every applicant for a Class A or B license shall file
The bond shall apply to all work to be
Sec. 38. Fee. The fee for each license required by this ordinance
Sec. 39. This ordinance shall be in full force and effect upon its
' ORDINANCE NO. 403-A1
AN ORDINANCE &ENDING ORDINANCE NO. 403 TO PROVIDE
FOR CERTIFICATION OF PLANS AND SPECIFICATIONS AND
COMPUTED BUILDINGS BY NECHANICAL ENGINEERS AND BUILDERS AND TO
PROVIDE FOR INSPECTION OF MECHANICAL WORK AND
REPEALING PARAGRAPHS (C) AND (D) OF SECTION 4 OF ORDINANCE NO. 403
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
Section 2.
Section 3,
"(a)
Paragraphs (c) and (d) of Ordinance No. 403 are hereby
Section 4 of Ordinance No. 403 is hereby amended by reletter-
Section 4 of Ordinance No. 304 is hereby amended by adding
repealed.
ing paragraphs (a) and (b) to letters (b) and (c) respectively.
a new paragraph (a) as follows:
Paragraph (c) of Section 301 is amended to read as'follows:
(c) Plans and Specifications. With each application
for a building permit, and when required by the Building Official
for endorsement of any provisions of this Code, two sets of plans
and specifications shall be.submitted. The Building Official may
require plans and specifications to be prepared and designed by
an engineer or architect licensed by the state to practice as
such. In addition, the-Building Official may require that plans
and specifications carry a certification, by a mechanical
engineer licensed by the state to practice as such, to the
effect that construction carried out pursuant to such plans and
'specifications will not violate any of the provisions of the
Minnesota Heating, Ventilating, Air Conditioning, and Refrigera-
tion Code or any other appli.cable ordinances of the Village.
EXCEPTIONS:
and specifications need not be submitted for the fol-lowing:
1. One-story buildings of Type V conventional Wood-stud
construction with an area not exceeding GOO square feet.
2. Group J, Division 1, Occupancies of Type V conventional
wood-stud construction.
3. Small and unimportant work. '
Section 4 of Ordinance No. 403 is hereby amended by adding
When authorized by the Building Official plans
Section 4.
"(d)
follot7s :
new paragraphs (d), (e), (f) and (g] as follows:
Paragraph (a) of Section 305 of said Code is amended to read as
'Special Inspections. (a) General. In addition to the inspections
to be made as specified in Section 304, the owner or his agent
shall employ a special inspector who shall be present at all times
during consturction on the following types of work:
(1) Concrete: On concrete work vhen the design is based on an
"f'c" in excess of 2000 pounds.
26 2/5/73
"(e)
Sectiion 306
' tion
Masonry:
required in Chapter 24.
Welding: On all structural wilding.
Reinforced Gypsum Concrete:
gypsum concrete is being mixed or deposited.
Special Cases:
bnusual hazards or requiring constant inspection.
Mechanical Equipment and Accessories:
installations installed under a building permit or mechanical
permit shall be inspected by the Nechanical Inspector, or
Building Official or a special inspector designated and
approved by either of them. Inspections shall be made during
construction before enclosure or concealment of any equipment
and accessory materials, etc. Final inspection and operating
tests shall be made before unconditional occupancy of the
building is permitted.
with final inspection.
ment for the employment of a special inspector if he finds
that the construction or work is such that no unusual hazard
exists.
Section 306 of said Code is renumbered Section 307 and a new
is added as follows:
'Section 306. (a) Engineer's Certification. . Upon comple-
of any structure for which a building permit was required,
Nasonry work shall have special inspection when
When cast-in-place reinforced
On special construction or work involving
All equipment and
Final test reports must be submitted
EXCEPTION: The Building Official may waive the require-
the Building Official may require that he be furnished with a
certification, by an engineer licensed by the state to practice
as such, to the effect that work on the structure was done in
full compliance with the Ninnesota Heating, Ventilating, Air Cond-
itioning and Refrigeration .Code and all other applicable Village
mechanical ordinances.
(b) Builder's Certification. Upon completion of any one or
two family homes, the builder thereof shall furnish to the Build-
ing Officfal a certification to the effect that the work done
thereon was done in full compliance with all applicable provisions
of the NSBC and Village ordinance.'
"(f) Paragraph (a) of the new Section 307 of said Code is
amended to read as follows:
5 '(a) Use or Occupancy. No buildink 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.'
"(g) Paragraph (c) of the new Section1307 of said Code is amended
to read as f0110wS:
'(a) 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 certi-
fications, if required, from a mechanical engineer and the builder,
and after he has received certifications from the State Electrical
Inspector, the Chief of the Village's Fire Department, the
Village Public Health Sanitarian, the Village Plumbing Inspector,
the Village Nechanical Inspector, 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:
The address of the building.
The name and address of the owner.
A description of that portion of the building for which
A statement that the described portion of the building
(1) The building permit number.
(2)
(3)
(4)
(5)
the certificate is issued.
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."'
This ordinance shall be in full force and effect upon its Section 5.
passage and publication.
2/5/73 27
ORDINANCE NO. 433-A1
AN ORDINANCE AMENDING-ORDINANCE NO. 433 TO PROVIDE
FOR CERTIFICATION OF PLANS AND SPECIFICATIONS AND
COMPLETED BUILDINGS BY MECHANICAL ENGINEERS AND
TO PROVIDE FOR INSPECTION OF MECHANICAL WORK
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
"Sec. 3. Permit Required. Each person, before constructing, reconstruct-
ing, extending, altering or repairing any heating, ventilating, air
conditioning or refrigeration work (hereinafter referred to as 'Fmechanical
worktd) or installing any heating, ventilating, air conditioning or
refrigeration fixture, shall make application with the office of the
Village Mechanical Inspector, if there be one, or the Building Official,
if there be no Village Mechanical Inspector, for a permit for that pur-
pose and shall furnish said inspector or Building Official with a
written statement in relation to such work upon a blank form furnished
for that purpose, together with full plans and specifications of the same
when required for inspection by said inspector or Building Official.
addition, the Mechanical Inspector or the Building Official may
requr're that such plans and specifications carry a certification, by a
mechanical engineer licensed by the state to practice as such, to the
effect that construction carried out pursuant to such plans and specifica-
tions will not violate any of the provisions of the Minnesota Heating,
Ventilating, Air Conditioning, and Refrigeration Code or any other
applicable ordinances of. the Village.
said Mechanical Inspector or Building Official that all applicable laws
and the Village Ordinances are, or when the work is completed, will be
complied with, he shall grant such permit.'*
Section 2. Sections 9 and 10 of Ordinance No. 433 are renumbered
Section 3. Ordinance No. 433 is hereby amended by adding new Sections
"Sec. 9. Inspections. All equipment and installations installed under
a mechanical work permit shall be inspected by the Mechanical Inspector,
or Building D-f'fici;alj or a special inspector designated and approved
by either of them.
before enclosure or concealment of any equipment and accessory materials,
etc.
tional occupancy of the building is permitted.
be submitted with final inspection.
"Sec. 10. Certification. Upon completion of any mechanical work for
which a permit was required the Mechanical Inspector or Building
Official may require that he be furnished with a certification, by a
mechanical engineer licensed by the state to practice as such, to the
effect that all such work was done in full compliance with the Minnesota
Heating, Ventilating, Air Conditioning and Refrigeration Code and all
other applicable ordinances of the Village."
Section 4. This ordinance shall be in full force and effect upon its
The first paragraph of Section 3 of OGdinance No. 433 is
amended to read as follows:
In
Thereafter, if it shall eappear, to
Sections 11 and 12, respectively.
9 and 10 as folloiqs:
Inspections shall be made during construction and
Final inspection and operating tests shall be made before uncondi-
Final test reports must
passage and publication.
ORDINANCE NO. 815 ADOPTED ON SECOND READING. Mr. Hyde presented the Flood Plain
Ordinance No. 815 for Second Reading, noting that the basic difference between
First and Second Reading is that the flood plain elevations are now determined by
use of flood zone profiles, rather than a flood plain map.
heard, Councilman Johnson offered Ordinance No. 815 for Second Reading and moved
its adoption as follows:
No objections being
ORDINANCE NO. 815
AN ORDINANCE DESIGNATING FLOOD PLAINS IN AND ABOUT
MINNEHAHA. CREEK AND NINE MILE CREEK, REGULATING THE
USE AND DEVELOPMZNT THEREOF AND OF THE BEDS AJ$D t?ATERS
OF SAID MINNEHAHA CREEK AND NINE IlILE CREEK AND
PRESCRIBING A PENALTY
TKF, VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA. ORDAINS:
Section 1.
Sec. 2. Declaration of Policy. 1.t is hereby found and declared that
Title. The short form titie by which-this ordinance may be
referred to shall be "The Flood Plain Management Ordinance".
lands within the respective flood plains, as hereafter defined, of Nine Mile
Creek and Minnehaha Creek in the Village, in their natural state, are a
valuable land resource; that development within such flood plains must be
regulated on the basis o'f and with full consideration of the impact on the
total creek along its full length; that such lands are or may be subject to
loss or impairment of value and physical degradation through uncoordinated
2/5/73
.. . - .:
and unplanned development; that such lands are necessary and desirable to avoid
rapid runoff of surface waters, to prevent polluting materials from being
carried directly into the natural stream, to preserve adequate ground water
infiltration, to protect surface and ground water supplies, to minimize the
possibility of periodic flooding resulting in loss of life and property,
health and safety hazards, disruption of governmental services, extraordinary
public expenditures for projects to contain, store and control runoff, and
impairment of the tax base, all of which adversely affect the public health,
safety and welfare. It is, therefore, the purpose of this ordinance to guide
and regulate the orderly development of such lands to insure mainfenance and
preservation, in their natural state, of needed and desirable natural water
storage areas and water courses anqkheir shorelines and adjacent vegetation -
and topography and to minimize the possibility of, and pollution and losses
resulting from, runoff and flooding, all thereby to promote and protect the
public health, safety and welfare.
Ordinance No. 811 (the zoning ordinance of Edina), which definitions, to
the extent applicable, are hereby incorporated herein and declared to be a
part of this ordinance, the words and phrases used in this'ordinance shall be
interpreted so as to give them the same meaning as they have in common usage
and so as to give this ordinance its most reasonable application.
I
Sec. 3. Definitions. Unless specifically defined below or in Sec. 11 of
Board - means the Board of Appeals and Adjustments of the Village.
Channel - means a natural or artificial depression of perceptible extent,
with definite beds and banks to confine and conduct, either continuously,or
periodically, the water in the respective creeks.
Commission - means the Planning Commission of the Village.
Commissioner - means the Commissioner%of the Department of Natural
Council - means the Village Council of the Village.
Equal Degree of Encroachment - a method of determining the location of
Resources of the State of IEnnesota.
encroachment lines so that the hydraulic capacity of flood plain lands on
each side of a stream are reduced by an equ'al amount when calculating the
increases in flood stages due to flood plain encroachments.
in inundation of the areas adjacent to the channel.
this ordinance.
adjustments to properties and structures,.subject to flooding primarily for
the. -- reduction . - or elimination of flood damage.
embankment, levee, road, dike, pile, abutment, projection, excavation, channel
rectification, culvert, building, wire, fence', stockpile, refuse, fill,
deposit, clearing of trees or vegetation, structure or matter in, along,
across, or projecting, in whole orinpart, into any flood plain.
Reach - a hydraulic engineering term to describe longitudinal segments
of a stream or river influenced by a natural or man-made obstruction,
Regulatory Flood Protection Elevation - a point not less than two feet
above the elevation of the flood plain, plus any increases in flood heights
attributable to encroachments on the flood plain; the elevation to which uses
regulated by this ordinance are required to be elevated or floodproofed.
of any kind, or any piece of worlc artificially built up or composed of parts
joined together in some definite manner, whether of a temporary or permanent
character.
Flood or Flooding - a temporary rise in stream flow or stage that results
Flood Plain - the areas established and designated pursuant to Sec. 4 of
Floodproofinq - a combination of structural provisions, changes or
Obstruction - any storage of material or equipment, dam, wall, wharf,
Structure - anything that is built or constructed, an edifice or building
Sec. 4. Lands Sublect to Ordinance; Establishment of Flood Plain: Loca-
(a)
tion of Boundaries.
This ordinance shall apply to all lands
within the jurisdiction of the Village which are subject to flooding and which
lie below the elevations shown on the official Flood Zone Profile.
within the jurisdiction of the Village which arg subject to flooding and which
lie below the elevations shown on the official Flood Zone Profile (hereinafter
called the "Profile'") in the Village Hall, a copy of which, reduced in size is
appended to this ordinance.
based upon the Profile, is also appended to this ordinance for reference and
infonmtion.
Engineering Department, together with all explanatory matter thereon or attached
thereto, shall be the official Flood Zone Profile and shall control over the
copy of the Profile and schematic representation appended to this ordinance.
The Profile, together with all explanatory matter thereon or attached thereto,
is hereby adopted by reference and declared to be a part of this ordinance.
Lands Subject to Ordinance.
(b) Establishment of Flood Plain. The flood plain shall be all lands
A schematic representation of the flood plain,
However, the Profile on file in the office of the Village
2/5/73
The Profile shall be on file in .the office of the Village Engineering Depart- !
ment and shall be open to inspection by the public during normal business
hours of the Village.
on the Profile shall be the governing factor in locating flood plain boundaries.
(c) Location of Boundaries. The elevations of the flood plain as shown
Sec. 5. Flood Plain Uses; Permits; and Standards.
(a) Existing Land Use. No land use shall be changed, nor shall any
obstruction be changed in its use or be constructed, erected, added to,
altered, placed or done, if such use of obstruction is wholly or partly in
a flood plain except in full compliance with all applicable ordinances of
the Village and unless a special permit is first obtained pursuant to this
ordinance. Without limiting the generality of the foregoing, land use shall
be deemed to have changed when any utilities are installed in or any road
or structure placed on the land.
(b) Standards and Conditions for Issuance of Special Permits. No
special permit shall be issued for any use or obstruction to be placed in the
flood plain unless the following provisions are complied with:
(1) A strip ‘of land running along all sides of the channel of Nine
Mile Creek or Minnehaha Creek, as the case may be,contiguous to
the land for which the special permit is being considered, and
extending from a line not less than 100 feet upland from the
centerline of the channel of Nine Mile Creek or Minnehaha Creek,
as the case may be, to and including the bed of the channel,
shall be either (i) dedicated to the Village for public use, or (ii)
subjected to a perpetual easement in favor of the Village for the
purpose of widening, deepening, sloping, improving or protecting
the beds and banks of the creek and the flood plain for hydraulic
efficiency and for protecting the natural character of the land,
channel and flood plain. The Commission shall’determine which of
these options is more appropriate and shall recommend to the Council
one of said options.
granted to the Village the right of ingress to and egress from said
strip of land with men, equipment and material. Where the easement
is determined to be in the best interest of the Village, said *
easement shall also provide.that the owners of the area as to which
such easement is granted shall not make, do or place any obstruction
or structure of any kind on or in such easement area or raise the
level of the easement area in any way, but all such right to obstruct
and place structures on and to raise the level of the easement area
shall be granted by said easement to the Village.
or easement need not be given if previously given to the Village
pursuant to Ordinance No. 801.
No special permit shall be issued for any obstruction or use which,
acting alone or in combination with existing or anticipated future
uses or obstructions, will or may unduly decrease the capacity of
the channel or flood plain of the creeks or the capacity of any
drainage ditch, facility, area or system, or the channel of any
tributary to the creeks, or unduly increase flood heights, or which
otherwise will or may result in danger to persons or property.
Consideration of the effects of a proposed obstruction or use shall
be based on the reasonable assumption that there will be an equal
degree of encroachment on both sides of the stream for the full
reach of the proposed use. For purposes of this paragraph, any
obstruction or use which, acting alone or in combination with exist-
Sng or anticipated future uses or obstructions, increases the flood
plain elevation by more than one-half foot, within the reach of
the obstruction or use, shall be deemed’, prima facie, to unduly
increase flood heights and to unduly decrease the capacity of the
channel or flood plain.
No special permit shall be issued which will or may result in the
placing of any obstruction which restricts the right of public
passage and use of the beds, banks and water of Minnehaha Creek or
Nine Mile Creek, except that special permits may be issued for
obstructions approved by the Iinnehaha Creek Watershed District as
to Minnehaha Creek, and the Nine Mile Creek Vatershed District, as
to the Nine Mile Creek, and used for flood plain management in which
case adequate provision shall be made for portaging and passage of
watercraft.
No special permit shall be issued for any obstruction or use which,
acting alone or in combination with existing or anticipated future
uses or obstructions, will or may adversely affect land or water
areas essential to the protection of surface and ground water
supplies.
In either case, there shall also then be
Such dedication
(2)
-
(3)
(4)
2/5/73
No special permit shall be issued which will or may result in-an
obstruction or use incompatible with preservation of natural land
forms, vegetation and adjacent marshes and wet areas of Minnehaha
Creek or Nine Mile Creek which are,a principal factor in the maint-
enance of constant rates of water flow in said creeks throughout
the year.
No special permit shall be issued which will or may result in the
placing of an obstruction on, or development of, land or water areas
essential to temporary withholding of rapid runoff of surface water
contributing to downstream flooding or of land and water areas
essential for providing ground water infiltration, and which construc-
tion or development will or may decrease the capacity of such areas
to withhold such surface waters or to provide such ground water
infiltration .
No special permit shall be issued for any fill unless shown to have
some beneficial purpose and the amount thereof must not'exceed that
necessary to achieve the intended purpose, as demonstrated by a
plan submitted by the owner showing the uses to which the filled land
will be put, the kind of fill, and the final dimensions of the pro:
posed fill or other materials.
erosion by rip-rap, vegetative cover, or bulkheading, as and to the
extent required by the special permit.
No special permit shall be issued for garbage or waste disposal .
sites .or systems.
NO special permit shall be issued unless the proposed use or obstruc.-
tion has received the approval of all governmental bodies having
jurisdiction over such use or obstruction, including the Nine Mile
Creek Watershed District or the Minnehaha Creek Watershed District,
as the case may be, if said approval is requfsed by the statutes,
ordinances, rules or regulations applicable to such governmental
bodies and to such use or obstruction.
No special permit shall be issued unless the proposed use or obstruc-
tion conforms to the land use plans and planning objectives of the
Village for the area in which the use or obstruction is to be done or
B
Such fill shall be protected against
I.
-.
placed. I (c) Utilities, Railroad Tracks, Streets and Bridges. Public utility
facilities, roads, railroad tracks, and bridges within the flood plain shall be
designed to minimize increases in flood elevations and shall be compatible
with the flood plain development plans of the Village and of the Nine Mile
Creek Watershed District or the Minnehaha Creek Watershed District, as the case
may be.
Plain Elevations. In connection with any proposed development of, or proposed
placing of an obstruction in, the flood plain, if the regulatory flood pro-
tection elevations and flood plain elevations then being used reflect proposed
measures for flood control, including water retention areas, then such
elevations shall not be effective or used in issuing a special permit until
such measures are constructed and opprative, unless the proposed measures will
increase flood heights, in which event, the regulatory flood protection
elevations and flood plain elevations used in issuing a special permit shall
reflect the anticipated increases.
(d) Adjustments of Regulatory Flood Protection Elevations and Flood
Sec. 6. Additional Restrictions.
(a) In addition to the requirements set out in Sec. 5 of this ordinance,
no special permit shall be issued for an obstruction in the flood plain unless
the following provisions are met:
Structures. Structures constructed on fill shall be constructed so
that the basement floor, or first floor if there is no basement, is
above the regulatory flood protection elevation. The finished fill
elevation shall be no more than one foot:below the regulatory flood
protection elevation for the particular area and shall extend at
such elevation at least fifteen (15) feet bgyond the limits of any
structure or building erected thereon.
utilities are at elevations which make compliance with the foregoing
sentence impractical, or in other special circumstances, a variance
request may be made to the Board and the Board may authorize other
techniques for protection of residences.
Other Uses.
be at elevations lower than the regulatory flood protection elevation
if a special permit is first granted pursuant to this ordinance.
Storage. Any storage or processing of materials that in time of
flooding may be buoyant, flammable, explosive, or could be injurious
to human, animal, or plant life is prohibited.
Where existing streets or
Accessory land uses, such as yards and parking lots may
2/5/73
Se . 7. Administration; 4
and Variances ; Certificates of
f Special Permits
oning Compliance.
(a) Administration. The Village Planner shall administer and enforce
plication for and Issuance
this ordinance.
(b) Use Permit and Variance Required; Grounds for Variances. A special
permit or variance shall be applied for and obtained pursuant hereto prior to
the construction, erection, addition, alteration, or change of use of any
obstruction wholly or partly in a flood plain, and prior to the change of use
of any land, which use is wholly or partly in a flood plain. Variances may
be applied for only where strict enforcement of the literal provisions of , this ordinance will cause undue hardship because of circumstances unique to
the individual property under consideration.
(c) Application for Permit and Variance. Applications for special
permits and variances under this ordinance shall be made by the owner or
owners of the land in duplicate to the Village Planner on forms furnished by
the Village and shall be accompanied initially by such of the following
information, and additional information, data and plans, as is deemed necessary
by the Village Planner for determinhg compliance with t&is ordinance, 2nd
for determining the, effects dE the proposed act;iaity -on the :cr&ek, marshes and
wet areas in the flood plain, and the suitability of the particular site for
the proposed improvement, use, obstruction or variance:
Plans, including a survey by a Minnesota registered land surveyor,
in duplicate, drawn to scale, showing the nature, location, dimen-
sions, and elevation of the lot or plot, existing and proposed
obstructions, the relationship of the lot or plot and existing
and proposed obstructions to the location of the channel, surface
water drainage plans and floodproofing measures.
A valley cross-section showing the channel of the stream, elevation
of land areas adjoining each side of the channel, cross-sectional
areas to be occupied by the proposed development, high water
information, all drainage areas, all land forms and adjacent marshes
and wet areas.
Plans (surface view) including a survey by a Ninnesota registered
land surveyor, showing elevations or contours of the ground, pertinent
obstruction elevations, size, location and spatial arrangement of
all proposed and existing obstructions on the site, location and
elevations of streets, water supply and sanitary facilities,
photographs showing existing land uses and vegetation upstream and
downstream, and soil types.
Profile showing the slope of the bottom of the channel or flow
line of the stream.
Specifications' for building construction and materials , flood-
proofing, filling, dredging, grading, channel improvement, storage
of materials , water supply (including withdrawal and discharge of
ground and surface water), and sanitary facilities.
Description of the water quality if other than a municipal water
system is used, maximum yearly withdrawal of ground waters, and the
impact on the receiving creek of discharged surface and ground water.
Statement of the private and public benefits anticipated from the
proposed activity, the alternatives to the proposed activity, the
effect of the proposed activity on the capacity of the flood plain
and on flood heights, the adverse effect, if any, on the flood
'plain, and the creek, marshes and wet areas in the flood plain,
which cannot be avoided if the special permit or variance be granted.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
I When filing the application, the applicant shall pay a nonrefundable fee of
$25 for a special permit request and of $10 for a variance request.
fee and initial information requested, the Village Planner shall review the
application and submit it, with his report, to the Commission and also, if a
request for a variance, to the Board. The Village Planner also shall then
submit a copy of the application and his report to the Environmental Quality
Commission of the Village, the Commissioner and to the Nine Mile Creek Watershed
District or the Minnehaha l?atersped District, whichever district is appropriate.
permit upon approval of the application therefor by the Council and shall
issue the variance upon approval of the application therefor by the Board, or
by the Council upon any appeal of a decision by the Board.
project pursuant to a special permit or variance granted pursuant to this
ordinance, and prior to the use or occupancy of the land or obstruction per-
mitted by the special permit or variance, a Certificate of Zoning Compliance
shall be issued therefor by the Village Planner stating that the use of the
land or obstruction conforms to the requirements of this ordinance. Prior to
(d) Submission of Report. Within 45 days after receipt of the application,
(e) Issuance of Permit or Variance. The Village Planner shall issue the
(f) Certificate of Zoning Compliance. Upon completion of any work or
32 2/5/73
.. .~ -
issuance of such Certificate, applicant, if requested by the Village Planner,
shall submit a certification by a registered professional engineer or land
surveyor, as appropriate, that the permitted obstructions, including, but not
limited to, finished fill and building floor elevations, flood proofing, or
other flood protection measures, have been completed in compliance with the
provisions of this ordinance and in compliance with the information given to
the Village in connection with the application for the special permit or
variance.
Sec. 8. Planning Commission; Board of Appeals and Adjustments; Powers
and Duties; Hearings By and Appeals to Council.
(a) Planning Commission.
(1) Powers and Duties. The Commission shall hear and decide all requests
for special permits under this ordinance.
review each application for a variance and each appeal to the Board
and submit its report thereon to the Board within 60 days of sub-
mission to it of such variance application or appeal information.
Pmcedure for Special Permits. After receipt by the Commission of
the report of the Village Planner, together with the application
for a special permit and initial information requested by the Vill-
age Planner, and after receipt by the Commission of the recommenda-
tion of the Environmental Quality Commission, the Commissioner and
of the Nine Nile Creek Watershed District or the Ninnehaha Creek
Watershed District, whichever district is appropriate, the applica-
tion shall be acted upon in the same manner as a petition for the
transfer of land from one district to another under paragraph 6 of
Sec. 12 of Ordinance No. 811, except as otherwise herein provided,
and including the requirement that mailed notice of hearing before
the Council shall be given to owners of property situated wholly
or partly within 200 feet of the property affected by the special
permit, except that if the recommendations of the Environmental
Quality Commission, the Commissioner and appropriate Watershed
District are not received within 60 days after submission to them
pursuant to pharagraph (d) of Sec. 7 of this ordinance the Commis-
sion may act upon such application without such recommendations.
Also the Commission shall
(2)
.. ..
I.
I-
(b) (1) Powers and Duties.
Board a€: Appeals and Adjustments.
where it is alleged that there is an error in any order, require-
ment, decision, or determination made by an administrative officer
in the enforcement of this ordinance, and all requests for variances
in connection with this ordinance, in the same manner as it hears
and decides appeals and requests for variances under paragraph 6 of
Sec. 12 of Ordinance No. 811, except as otherwise provided herein.
Procedure for Variances. After receipt by the Board of the report
of the Village Planner, togethe-r with khe application for a vari-
ance and initial information requested by the Village Planner, and
after receipt by the Board of the report of the Commission, and the
recommendation of the Environmental Quality Commission, the Commis-
sioner and of the Nine Mile Creek Watershed District or the Minne-
haha Cxeek Watershed District, whichever district is appropriate,
the Board shall hear and decide upon such application in the same
manner as it hears and decides upon variances under paragraph 6 of
Sec. 12 of Ordinance No. 811, except (i) that no variance shall have
the effect of permitting a building to be at a lower elevation &an
the regulatory flood protection elevation for the individual
property under consideration, and (ii) that if the report of the
Commission and the recommendations of the Environmental Quality
Commission, the commissioner and appropriate Vatershed District are
not received within 60 days after submission to them pursuant to
paragraph (d) of Sec. 7 of this ordinance, the Board may act upon
such application Jithout such report and recommendations, and (iii)
in deciding on any variance the Board shall also' consider the policies
and purposes of this ordinance and all of the standards and condi-
tions set out in paragraph (b) of Sec. 5 of this ordinance and the
degree of conformity with such standards and conditions that will
result if the variance be granted.
Procedure for Appeals.
shall be submitted to the Commission for review and report.
wise appeals to the Board shall be made and acted upon by the Board,
and, if appealed, such appeal shall be made and shall be heard and
acted upon by the Council in accordance with paragraph 6 of Sec. 12
of Ordinance No. 811, except that the Board shall receive the report
of the Commission before making its decision, provided that the Board
may decide without such report if nQt received within 60 days after
submission to the eommission.
The Board shall hear and decide all appeals
(2)
I
(3) All appeals, when received by the Board,
Other-
2/5/73 I.' 33
P d" 4 w
I
(c) Technical Assistance. The Board or Commission may transmit the J
information received by it to the appropriate Watershed District for technical
assistance, where necessary in the opinion of the Board or Commission, to
evaluate the proposed project in relation to flood heights and velocities,
the seriousness of flood damage to the use, the adequacy of the plans for
protection, compliance with Sections 5, 6 and 7 of this ordinance, and other
technical matters.
(d) Conditions Attached to SpecialPermits and Variances. The Council
may attach such conditions to the granting of special permits, and the Board,
and the Council on appeal may attach such conditions to the granting of
variances, as the Council or Board deems necessary to fulfill the purposes of
this ordinance.
Districts. The Commission, Board and Council shall give mailed notice to
the Commissioner of each hearing before it for a special permit or variance
not less than 10 days before the date of hearing. Also a copy of each
special permit or variance issued or granted shall be forwarded to the Com-
missioner and to the secretary of the appropriate watershed district within
ten (10) days after issuance or granting thereof.
(f)
after the issuance or grant of a special permit or variance, the owner or
occupant shall not have substantially completed the work authorized by such
special permit or variance, then the special permit or variance shall become
null and void unless a petition for extension of time in which to perform
such work has been granted.
age Planner more than twenty (20) days before the expiration of one year from
the date the original special permit or variance was issued or granted, shall
state facts showing a good-faith attempt to use the special permit or vari-
ance, and shall state the additional time requested to complete such work.
Such petition, if it relates to a variance, shall be presented to the Board
for hearing and decision, and appeal to the Council, ih the same manner as '
the original request for variance.
permit, it shall be heard and decided by the Council, upon the report and
recommendation of the Planning Commission, in the same manner as the original
petition for a special permit.
good-faith attempt to complete such-work, the Board or Council
such factors as the design, size, expense and type of the proposed work.
granting the original request for a special permit or variance, to grant a
two-year period for the completion of the work authorized thereby, but such
two-year period may not thereafter be extended.
Sec. 9. Nonconforming Obstructions, Uses and Structures; Lapse;
Destruction.
(a) An obstruction or structure, or the use of a structure or premises,
which was lawful before adoption of this ordinance but which is not in con-
formity with the provisions of this ordinance may be continued subject to the
following conditions :
(e) Notices, Permits and Variances Forwarded to Commission and Watershed
Lapse of Variance or Special Permit by Non-User. If within one year
Such petition to extent time shall be in writing and filed with the Vill-
If the petition relates to a special
In determining under this paragraph whether the petitioner has made a
may consider
It shall be within the power of the Board or Council, at the time of
(1) No such obstruction, use or structure shall be expanded,. changed,
enlarged, or altered in any way without complying, in all respects,
with this ordinance, including, but not limited to, the obtaining
of all required permits and variances.
If such use of such obstruction or structure, or use of such pre-
mises, i& discontinued for twelve consecutive months, any sub-
sequent use of the obstruction, structure or premises shall comply,
in all respects, with this ordinance, including, but not limited.to,
the obtaining of all required permits and variances.
If any nonconforming obstruction or structure is destroyed or
damaged by any means, including floods, to the extent that the cost
of repairing or restoring such destruction or damage would be 50
percent or more, as estimated by the Village Council or some
official designated by it, of the cost of re-erecting a new obstruc-
tion or structure of like kind and quality and of the same physical
dimensions and location, then it shall not be reconstructed except
in full compliance, in all respects, with the provisions of this
ordinance, including, but not limited to, the obtaining of all .
required permits and variances.
(2)
(3)
Sec. 10. Right of Passage. It shall be unlawful for any person, without
a special permit obtained pursuant to this ordinance, to place any obstruc-
tion in Minnehaha Creek or Nine Mile Creek or to obstruct, in any way, the
passage of watercraft or to interfere, in any way, with the use by the public
of the beds, banks, waters or channels of said creeks, except obstructions
2/5/73
placed by the appropriate T.Jaters.,ed District and usel for flood plain man-
agement, in which case adequate provision shall be made for portaging and
passage of watercraft.
Sec. 11. Removal of Obstructions.
(a) Natural Obstructions.
entry upon lands in the flood plain, including those adjoining Ninnehaha
Creek and Nine Mile Creelc, for the purpose of ingress and egress to the flood
plain, and the beds, banks and waters of the creelcs to remove any natural
obstructions sach as, but not limited to, trees, debris, lftter and silt.
(b) Artificial Obstructions. Any artificial obstruction of the beds,
banks, waters or channels of Ninnehaha Creelc or Nine Mile Creek or in the
flood plain made subsequent to the effective date of this ordinance and not
made pursuant to a special permit or variance granted pursuant hereto shall
be removed by the owner of the adjoining land within ten (10) days after
mailing to such owner of a demand so to do by the Village Planner.
owner shall fail or refuse to remove the obstruction within said time, or
if the owner cannot be found or determined, the Village may remove such
obstruction and the cost thereof shall be paid-by the owner on demand, or may
be assessed against the land, and collected in the same manner as prescribed
by law for levying and collecting special assessments for municipal improve-
ments.
The Village shall have the right of reasonable
If the
Sec. 12. Misdemeanor; Public Nuisance: Penalty. Any person who viol-
ates any provision of this ordinance or fails to comply with any of its
terms or requirements shall be guilty of a misdemeanor punishable by a fine
of not more than $300 or imprisoned for not more than 90 days, or both, and
in addition shall pay all costs of prosecution and expenses involved in
the case. Each day such violation continues shall be considered a separate
offense.
violation of this ordinance is hereby declared to be a public nuisance and
creation thereof may be enjoined and the maintenance thereof abated by
appropriate judicial action. I
other lawful action as is necessary to prevent, remedy or remove any viola-
tion.
Every obstruction or use placed or maintained in the flood plain in
NothiAg herein contained shall prevent the Village from taking such
Sec. 13. Amendments.
(a) .The flood plain elevations on the Profile may be changed by amend-
ment to this ordinance, and such change, when made, shall be shown on the
Profile. If it can be shown to the satisfaction of the Council that any
elevation is in error, the elevation will be corrected by the Council by
amendment to this ordinance.
(b) All amendments shall be submitted to the Environmental Quality
Comission, the Board of Managers of the Nine Mile Creek Watershed District
and the Minnehaha Creek Watershed District and the Commissioner, and shall
be approved by the Commissioner prior to adoption.
Sec. 14. Authority. This ordinance is adopted pursuant to the author-
ity granted by lfinnesota Statutes 1969, Chapter 104.
Sec. 15. Interpretation. In interpreting and applying the provisions
of this ordinacce, they shall be held to be the minimum requirements for
the promotion of the public health, safety, prosperity and general welfare.
It is not the intention of this ordinance to interfere with, abrogate or
annul any covenant or other agreement between parties, nor the provisions
-of Ordinance Nos. 801 or 811 or any other ordinance of the Village; provided,
however, where this ordinance imposes a greater restriction upon the use or
improvement of any premises than those imposed or required by other statutes,
ordinances, rules, regulations or permits of the Village, State, Ninnehaha
Creek Batershed District or Nine Nile Creek Watershed District, or by cov-
enants or agreements, the provisions of this ordinance shall govern.
Sec:lG. Partial Invalidity. If any section, subsection, paragraph,
-sentence, clause or phrase of this ordinance is, for any reason, held to be
invalid or unenforceable, as to any person or circumstance, the application
of such section, subsection, paragraph, sentence, clause or phrase to
persons or circumstances other than those as to which it shall be held in-
valid or unenforceable, shall not be affected thereby, and all provisions
hereof, in all other respects, shall remain valid and enforceable.
imply that the areas outside the flood plain or land uses or obstructions
permitted within the flood plain will be free from flooding or flood dam-
ages. This ordinance shall not create liability on the part of the Village
or any official or employee thereof for any flood damages that result from
reliance on this ordinance or any Village action taken or administration or
Council decision lawfully made hereunder.
Sec. 17. Warning and Disclaimer of Liability. This ordinance does not
I
2/5/73 35
Sec. 18. This ordinance shall be effective immediately upon its pass-
age and publication.
rollcall there were four ayes and no na
"DOUBLE BOTTOM" TRUCK LEGISLATION SUPPORT REQUEST TABLED. Messrs. 14. L. Hawkins
and Arnie J. Fosleen,. representing Minnesota Transport Association, requested
Council's endorsement for legislation which would permit '@double bottom trucks"
or "twin trailerstP to operate on Minnesota highways.
sentation of the proponents, Councilman Johnson said that he does not
believe that Council should go on record of advising Minnesota Legislators
on something about which it has no expertise.
be adopted khereby Council should not take any action on matters that are
in bill form before the State Legislature unless requested by Edina residents,
Councilman Johnson then moved that the matter be tabled. Motion was seconded
by Councilman Courtney and carrikd.
After hearing the pre-
He suggested that a policy should
EDINA STUDENT CENTER FINANCIAL SUPPORT PLEDGED TO EDINA ROTARY CLUB. Dr. Wm.
B. Stromme advised Council that, for the past eight months, the Edina Rotary
Club has taken on as its major project the goal of development of a Student
Center for the youth of Edina.
a teen center and noted that studies conducted by the Edina Rotary Club
support evidence of such a need. Stressing the need for such a program, Dr.
Stromme proposed a pilot program to be held from March 12 to May 31, 1973,
which would accommodate Senior High students on Mondays, Tuesdays and Thurs-
days and Junior High students on Wednesdays and Fridays, using facilities of
Edina East High School and the.Vocationa1 Technical School in Eden Prairie.
Dr. Stromme said that he will seek the cooperation of the Edina School Board
next week and has already received assurance of the Booperation of the Edina
PolicE. ~nd-Pa~k-Depastments.
for the first school year from October through Hay was given at $6,000, and,
if successful, it is proposed that the youth center be centrally managed and
primarily funded by the community as a whole through commitment by the Edina
Village Council. After being assured by Dr. Stromme that similar projects
had been successful in other schools, Councilman Courtney's motion that the
Council endorse the student center pr'lot project and authorize the appropri-
ation of $2,600 for that project.
carried. Mr. Elwyn A. Anderson, President of Edina Rotary, then invited the
Council to attend the Rotary Meeting of February 8, 1973, at which Detective
Dennis Sigafoos and Officer Patrick Scott will be honored for their roles
in the Grant North case.
He summarized the concept and proposal for
Initial estimated cost for the program proposed
Motion was seconded by Councilman Shaw and
TREASURER'S REPORT as of December 31, 1972, was presented by Mr. Dalen,
reviewed, and ordered.placed on file by motion of Councilman Courtney, sec-
onded by Councilman Shaw and carried.
ROCK FOR BALLFIELD BID ATIARDED. Councilman Courtney' s motion v7as seconded by
Councilman Shaw and carried awarding bid for rock for ballfield to low bidder,
Bryan Rock Products Company of Shakopee, Minnesota, at $3.35 per ton for a
total cost of $1,675.00 for agricultural lime stone to be used for in-field
ballfield mixture. Bryan Rock Products is the only available company that
handles this product.
2,4-D GRANULES BID AtJARDED.
motion was seconded by Councilman Shaw and carried for award of bid for 400
As recommended by Mr. Dalen, Councilman Courtney's
50 pound bags of 2,4-b granules to recommended low bidder, Lyon Chemical, at
$12.50 per bag.
per bag.
The only other bidder, Barzen of Minneapolis, bid at $12.765
HEARING DATE SET FOR P-BA-168 AND P-SS-310.
Councilman Johnson offered the following resolution and moved its adoption:
As recommended by Mr. Dunn,
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
PORTLAND CE?AENT CONCRETE 'CURB AND GUTTER
AND ASPHALT CONCRETE OVERLAY WITH SEAL COAT
IMPROVEMENT NO. P-BA-168
AND
SANITARY SEWER IMPROVEMENT NO. P-SS-310
The Village Engineer, having submitted to the Council a preliminary report 1.
as to the feasibility of the proposed improvements described in the form of
2 36
2/5/73
Notice of Hearing set forth below, and as to the estimated cost of such improve-
ments, said report is hereby approved and directed to be placed on file in the
office of the Village Clerk.
2. This Council shall meet on Ilonday, February 26, 1973, at 7:OO p.m. in the
Edina Village Hall, to consider in public hearing the views of all persons
interested in said improvements.
3.
place and purpose of said meeting to be published in the official newspaper
once a week for two successive weeks, the second of which publication is to be
not less than three days from the date of said meeting, and to mail notice to
all affected properti& in substantially the following form:
The Clerk is hereby authorized and directed to cause notice of the time,
(Official Publication)
V€LLA@ OE EDZNA
HJ3"EPIN COUNTY, ISINNESOTA
NOTICE OF PUBLIC HEARING
PORTLAND CEMENT CONCRETE CURB AND GUTTER
AND ASPHALT CONCRETE OVERLAY IJITH SEAL COAT
IIPROVElIENT NO. P-BA- 168
SANITARY SEWER
IIPROVEMENT NO. P-SS-310
The Village Council will meet at the Edina Village Hall on Ifonday, February 26 ,
1973, at 7 :00 p.m., to consider the following proposed improvements to be con-
structed under the authority granted by Elinnesota Statutes, Chapter 429.
approximate cost of said improvements are estimated by the Village as set forth
below :
The
1.
2.
The
ESTIMATED COST
CONSTRUCTION OF PORTLAND CEIlENT CONCRETE CURB AND
GUTTER AND ASPHALT CONCRETE OVERLAY VITH SEAL COAT
DPROVENENT NO. P-BA-168 $641,412.83
Sunnyside Road from the East line of Block 2 of
Country Club District Fairway Section to Highway
100
Grimes Avenue from Sunnyside Road to the North line
of Sec. 18, T. 25, R. 24
Arden Ave. from 11. 50th St. to Sunnyside Road
Bruce Ave. from 57. 50th St. to Sunnyside Road
Casco Ave. from Country Club Rd. to Sunnyside Rd.
Drexel Ave. from Country Club Road to Sunnyside Rd.
Edina Blvd. from Country Club Road to Sunnyside Rd.
Noorland Avenue from Country Club Rd. to Sunnyside Rd.
Browndale Ave. from Bro.t.;mdale Bridge to 11. 44th St.
Edgebrook Place
Country Club Rd. from Arden Ave. to Browndale Ave.
Bridge Street from Arden Ave. to llinnehaha Creek
Maclcey St. from Sunnyside Rd. to North line of
CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPUR-
TENANCES IN THE: FOUOYING:
INPROVEIENT NO. P-SS-310 $ 17,557.24
Blake Road from South line of Brownswood Addition to
area proposed to be assessed for the cost of the proposed Portland Cement
Country Club District, Brown Section
569' North
Concrete Curb and Gutter and Asphalt Concrete Overlay with Seal Coat (Improve-
ment No. P-BA-168) under 1 above includes Lots 1 thru 13 incl., Block 1, Lots
1 thru 15 incl., Block 2, Lots 1 thru 30 incl., Block 3, Xots 1 thru 32 incl.,
Block 4, Lots 1 thru 31 incl., Block 5, Lots 1 thru 14 incl., Block 6,
Lots 1 thru 16 incl., Block 7, Lots 1 thru 37 incl., Block 8, Lots 1 thru 37
incl., Block 9, Lots 1 thru 34 incl., Block 10, Lots 1 thru 29 incl., Block
11, Lots 1 thru 19 incl., Bloclc 12, Lots 1 thru 20 -incl. , Block 14, Lots 1
thru 10 incl., Block 15, all in Country Club District, Fairway Section; Lot
10, Block 1, Arden Park 2nd Addition, Lot 1, Block 1, Arden Park 3rd Addition;
Lots 1 thru 17 incl., Block 1, Lots 1 thru 13 incl., Block 2, Lots 1 thru 8
incl., Block 3, Lots 1 thru 23 incl., Block 4, Lots 1 thru 17 incl., Block
5, Lots 1 thru 18 incl., Block 6, Lots 1 thru 11 incl., and Lot 20, Block 7,
Lot 12, Block 8, Lot 1, Block 9, Lots 1 thru 12 incl., and Lot 21, Block 10,
Lots 1 thru 19 incl., Block 11, Lots 1 thru 28 incl., Block 12, Lots 1 thru
19 incl., Block 14, Lots 1 thru 5 incl., Block 15, Lots 1 thru 3 incl., Block
16, all in Country Club District, Brown Section; Lots 4 thru 9 incl., Country
Club District, Brown Section Rearrangement of North Part of Block 16.
The area proposed to be assessed for the 'cost of the proposed Sanitary Sewer
(Improvement No. P-SS-310) under 2 above includes Lots 1 and 2, Block 1,
Evanswood 2nd Addition, Lots 39, '40 and 41, Auditor's Subdivision 1,325.
Florence B. Hallberg
Village Clerk
2/5/73
Notion 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.
CLAIMS PAID.
son and carried for payment of the following claims as per Pre-List:
Fund, $30,088.45; Construction Fund, $9.33; Park, Park Construction, Swim-
ming, Golf, Arena, Gun, $65,473.72; Water Fund, $7,334.73; Sewer Fund,
$32,798.28; Liquor Fund, $82,908.89; Improvements, $134,425.29; Poor and PIR,
$30 ; Total, $353,068.69.
Motion of Councilman Courtney was seconded by Councilman John-
General
No further business appearing, Councilman Johnson's motion for adjournment
was seconded by Councilman Shaw and carried. Adjournment at 9:45 p.m.
64- iLA1 Ag,? 7L
Village Clerk
I