HomeMy WebLinkAbout19730226_regularMINUTES OF THE REGULARMEETING OF THE
EDINA VILLAGE COUNCIL HED AT VILLAGE HALL ON
NONDAY, FEBRUARY 26, 1973
Members answering rollcall were Councilmen Courtney, Johnson, Shaw, Van Valken-
burg and Mayor Bredesen.
MINUTES of February 5, 1973, were approved as submitted by
man Johnson, seconded by Councilman Shaw and carried.
motion of Council-
PUBLIC HEARINGS CONDUCTED ON STREET IEPROVEMENT BA-168 AND SANITARY SEWER NO.
SS-310.
ordered placed on file.
Affidavits of Notice were presented by Clerk, approved as to form and
Pursuant to.due notice given, public hearings were
conducted and action taken as hereinafter recorded:
A. CONSTRUCTION OF CURE REPLACEMENT ^AND STREET OVERLAY AND TJATER SERVICE.
REPLACEMENT IN THE FOLLONING: (P-BA-168)
Sunnyside Road from the East line of Block 2 of Country Club District
Grimes Ave. from Sunnyside Road to the North line of Sec. 18, T. 28, R. 24
Arden Ave. from 187. 50th St. to Sunnyside Road
Bruce Ave. from 17. 50th St. to Sunnyside Road
Casco Ave. from Country Club Road to Sunnyside Road
Drexel Ave. from Country Club Road to Sunnyside Road
Edina Blvd. from Country Club Road to Sunnyside Road
Moorland Ave. from Country Club Road to Sunnyside Road
Browndale Ave. from Browndale Bridge to 1.7. 44th Street
Edgebrook Place
Country Club Road from Arden Ave. to Browndale Ave.
Bridge Street from Arden Ave. to Ilinnehaha Creek
$lackey Street from Sunnyside Road to North line of Country Club District,
3€r. Ihnn presented total estimated project cost at $641,412.83, advising that
it is proposed that the Village of Edina would pay 50% and the property owners
would pay 50% of the total estimated project cost. Estimated assessable foot-
age of 37,346.47 feet is proposed to be assessed against abutting properties
at an estimated cost of $8.59 per assessable foot. It is p-roposed to replace
Village water services which have not already been replaced.
4511 Browndale Ave., said that he is the Chairman of the Wooddale Neighborhood
Council and that his group had met four times with Mr. Dunn and recalled that
the initial concern was the effect the improvement would have on the trees in
the area.
fifty-f6ur trees would be damaged and would become potential safety hazards.
Nr. Horn read from "The Bard" which was sent out with the improvement notice,
noting that the Vooddale Neighborhood Council f'supports the general replacement
of the curbs throughout the Country Club area to avoid the increased cost of
alternative approaches and to expeditg the benefits of the projact".
advised that the Vooddale Neighborhood Council supported the ''principle that
alternate methods be used on streets where tree damage is potentially heavy,
i.e. Edgebrook, West Sunnyside and Moorland, as determined by a majority of
of the residents on these streets. The proviso on this support is that the
entire street be treated with the same method."
to future utility installations, Mr. Dunn said that all water lines which had
not been previously replaced would now be replaced from the main in the street
to a point behind the curb where the shut-off is located. Mr. Horn recalled
that he had received nineteen calls supporting the proposal of the t7ooddale
Neighborhood Council, five calls opposed to the overall curb project and three
calls which stated a moderate position.
from officers of the Wooddale Neighborhood Council or from block workers.
cussion ensued as to the particular methods which would be used for curb install-
ation where trees might be saved. tlr. James Rubin, 4619 Moorland Ave., objected
to the improvement on the grounds that his assessment would lje $2,800 and that
his curb is still in good condition. Mayor Bredesen advised Mr. Rubin that he
believes that his curbing runs from 'aadequatet* to 'every and that he was
sure that Nr. Rubin would not lilce his curbing to be patched. Nr. Thomas Har-
mon questioned what would be done if the Gas Company lines should need to be
replaced. Mr. Dunn said that the Gas Company would be notified of the pro-
posed improvement and that the improvement would be held up if they felt it
necessary to replace their pipes.
Ralph Tully, 4619 Bruce Ave., objected to the proposed lmprovement and the
grounds that there is not a need at this time and that the engineering and
clerical costs are too high. Nayor Bredesen pointed out that each time the
hearing is continued, the engineering costs increase. IIr. Dunn advised Mr.
Fairway Section to Highway 100
Brown Section
Blr. William Horn,
He referred to a report of the consulting arborist which stated that
Mr. Horn
In response to questions as
He added that none of these calls were
Dis-
Nr. Frank Thorpe, 4614 Edina Blvd., and Nr.
I
To: The Edina Village Council
I would like these remarks to be read into the minutes.
Mayor BPedesen and members of the Edina Village Council:
As a member of the Viking Hills Homeowners Association I
would like to voice my deep concern over the irreparable
damage to our enviroment that will occur on the property
adjacent to our area, known as Krahl's hill,if it is
rezoned for 12 to the acre density multiple dwellings.
Several recognized authorities have evaluated this
situation. Prof.Thomas Morley, Botony professor at
the University of Minnesota has determined that t Krahl
hill, was connected with the W.ctorsen hill to t=&M south,
and when highway 62 was constructed, the natural prairie
that existed on the south slope was destroyed. An
irrevocable loss. This construction created an
unnatural separation between the two hills.
2-
\' t
i- 'It
$?j y i \ i' .-
I + r\ - , 4 \I * However, Mr. Krahl's hill has a unique feature that 'I ' ' can't be found anywhere else in that it provides a
much needed, natural sound barrier to Western Edina,-
from the increasingly heavy noise pollution coming from
\ *,* ,\ 9 7
'I
I , \' 1)
1'
II
+ two major heavily traveled arteries, namely, highway
\ lJ * '\
62 and County road 18.
Krahl's hill rises to a height of980 feet, and it zx~8rsxarsnr
has gf;kigh slopes and is heavily vegetated.
State archeologist ascertained that the oak grove on this
Gordon Lutsen,
K
&>! bJLJ' ;i" property is one of the last remaining oak groves in the ' ': -'\ metropolitan area with trees up to .and over 200 years old 3
on it. This area is erous species of bkfds I e- \\
\ $- \
>-
and wildlife. Les Blackllock t&l&ae that is is the southern- \\, (1'. , 1 .
I< I' t; '
-li
of the glacier and has much glaciated rock on top. 2 mnnt a@-
/
f' -.
-2- *' P- This property is an ecological treasure, which 4s a
truly unique location. Furthermore, it is irreplaceable.
We ask thet you not make a decision in minutes which will
destroy valuable land and natural beauty that it hss
taken nature over 200 years to produce.
Another very important point we would like to
bring to your attention is that Krahl's hill has
slopes with gradients up to 35$.*etropolitan Council
does no2 recommend that high slopes be used for development.
I would like to read a paragraph from a report written by
Patrick Kennedy, U.S.Department of Agriculture, Soil
Conservation Service, in to a quewtion asked of
him in regard to the impactAdevelopment of this hill
would have --K+dt--e-+L,
This is from his report,
The main limi ta t i on to development for building
sites are the steep slopes. It is estimated
that about 75s of the tract consists of slopes
that have gradients of 20% to 30% slope. These
steep to very steep slopes would be difficult to
develop unless buildings are carefully designed
and planned to fit the landscape. Deep cuts
would probably be requi ng in steep
banks2that will # nee bilized by
retaining walls. Streets and roads will be
difficult to construct without deep cuts and fills,
Because of the steep slopes these soils will er
easily when vegetation is removed. t
Based upon considerable observation it can be said
kkzk with reasonable assurance that conventional
**
7 c'
J development will result in significant alteration
of landscape.
developed as homesites.
While the soils on this tract could be developed
A few small areqs could be
for homesites, at considerable expense no doubt,
and alteration of the landscape, it is the
POLICY of the Hennepin Soil and Water e
Conservation District that steep slopes of this
nature would be better used for open space,
t' _.
recreation and wild life areas.
Still another point we would like to emphasize
i is that 63% of the tax revenues from this property
b~?@ would be allocated to Hopkins, since it is in the
Hopkins School District. The cost to .Ed- fo
serving a high density development /- would be
I . Therefore, all factors considered
we think this area could be much better utilized
as open space for the residents of Edina.
During the last few gears and even the last few months
we h+ve become increasinly aware of the effect of ecology
on the quality of our lives.
like to quote a statement made by Mr.Elvis Stahr, President
of the Audubon Society.
With your permission 1 would
It is as follows:
The disappearance of natural areas and open lands
is easily overlooked.
than pollution because, once developed, ib is
usually gone for good.
largely irrevocable in a short span of time.
It may well be more serious
The loss is--in$ any case--
J
-4-
Locally, Mr. John Telfer, made a statement to the f
/ +Mile Creek Watershed District Board of Directors,
on April 19,1972, wherein he said, and I quote:
"Obtaining more open space and preserving some of
our natural amenities holds a much higher priority
now than it did last year, and all indications are
that these values will hold an even higher priority
in the future."
&9y Protection of the environment concerns everyone.
'We would like to make reference to the fact that the k
State shares our concerns because in 1972 the State of ./l.a/ Minnesota passed State Enviromential Law.
Looking at the brigwr side, it appears that we have atruly
big opportunity knocking at our door. On Thursday, March lst,
the Metropolitan Council is going to have a lpublic hearing.
At that time they will consider amendments to the Parks
and Open Space Section of the Metropolitan Development
Guide. The ultimate objective of the amendment according
to David Durenburger, who chaired the Open Space Advisory
Committee will include a biennial appropriation by the
State Legislature of #5 million to back a $30 million
bond issue for the acquisition of open space, and park lands.
Through the efforts of Mr.Ken Bosland onr Park Superintendent,
and the interested inclividuals who worked on his preliminary
Open Space Committee, we may have an opportunity to share in
these funds, and in this way, be in a position to make some
open space acquisitions in the Village.
committee has given a high priority for open space acquisition
to this property.
Mr.Boslands's
Let's not act in haste, when we are
-..y ** -7 -
-5-
.#
4 is; deciding the fate of such a unique pWce of property
which has sxe;$ such great environmental impact on this
c omrnuni t y .
a great many Edina residents.
mt 400lhave voluntarily signed petitions which read
as follows:
Cohy of petition &.h&Zhkb~I$ attached,
it is as follows:
In connection with our presentation we would like to
request the following. Before a decision to rezone to
PRD 3 is to request the following actions:
from the
Watershe& District
Department
the authorized
Edina Environmental Quality Commission
2 In reference to Mr. Boslands ItReport of
the Open Space Committee, January 1973, ,,
that the recommendations contained therein
with regard to this property be given
careful consideration as part of the possible
future open space planning.
3 If after careful still deem
it necessary to allow&
rn- density of no more than 5 to the acre,
as permitted under the Western Edina Plan.
Presented by: Leon Demee U7C#<lz-Md&+dd
* POUR HONOR AND COUJCIL. bEi?BEKS:
1 ~.rould like these remarks to be read into the minutes,
. The proposal before
Reference is to the
P lamed T,e s ident ial
I Mr. Crow's Remarks
the Council is questioned for these reasons.
Edina Village Ordinance #Sl1; specifically, Section 5,
District - Page 155.
The Ordinance States:
1, Yhe -- hsic Characteristic of a Planned kesidelitial District is an
, effort to.preserve and protect natural amenities, provide large
expanses of usable open space, maintain single family densities.
The Purpose of a Planned Residential District is a new, high
quality, low density, residential environment having a mixture
of housing types in a functional and natural setting.
"This' maisive 545 ft. long by 80 ft. wide, 5-story apartment
will not protect natural amenities of the land irr question due
to the extensive cuts that will be required into the hill. It
certainly does not create but destroys the residential environment
for all residential areas to the North and East. It has no mixture
of housing. It is functional to the extreme in destroying beauty,
adjacent home views, natural terrain, rising 3 to 4 stories above
adjacent single-family residences, and causing unlcnown traffic
problems. For comparison, this monstrosity would be approximately
145 ft. longer and 3 levels higher than the Fabri Tek Building and
would not sit well below the existing grades of existing horn- 0s as
in the . Fabri Tek case.
\
2, The Ordinance further states that the OSjcctives of a Planned
7
Resi.dentia1 District are:
c
rage - L -
a. Encourage the provision of open space and recreational
facilities in conjunction with residential development.
This building will destroy a viable piece of R-1 or open
space land acting as a buffer between residential properties
in existance, and probable strip development along Ct.Rd. 18.
The land has a high priority in possible future open space
acquisitions, as discussed during preliminary open space
committee meetings that were held during 1972 with Ken Rosland,
and interested citizens from all parts of the Village.
In no way does this proposal encourage, develop, or
maintain open space.
Ob j ec t ive b. Encourage developers to use a more creative and imaginative
approach to development of residential areas.
There is nothing imaginative or creative in this proposal.
The only thing this proposal would accomplish is virtual
destruction of 7.75 acres of land that should be reserved in
open space or at least creatively developed in maximum 4-5
per acre density such as the existing R-1 zoning prescribes,
A monstrous building.of these proportions 75 feel from existing'
homes is not creative, it is an absolute mockery of imagination
and creativity.
Objective c. To provide iln enjoyable living environment by preserving
existing topography, stands of trees, and natural amenities.
4
We'can only ask what is being preserved by carving the heart
out of at least 50% of probably the 3rd or 4th highest hill
in'the Twin City area and mascerating perhaps the only standing
oak grove with trees over 200 years old in the metropolitan area.
5.
Page' - 3 -
' C'
This proposal destroys, it does not preserve.
d. To encourage a variety of living environment and an agreeable
mixture of housing types
This massive building is not of itself a mixture of
housing types, It 'is not an agreeable mixture in the
predominately R-1 existing housing area mix. Frankly,
it is highly disagreeable and if it does one thing, it
will destroy the existing living environment.
0b.jective e. To permit a degree of flexibility in environmental design,
which Is not- possible under current regulations.
gross building would be the very antithesis of environmental
design flexibility.
This
It is BRUTE destruction of existing
flexibility provided by current R-.l zoning. ' @ Page 157 of Ordinance outlines certain conditions a proposal must contain:
Part (b) DataRequired-states every application shall be accompanied by
maps and.drawings, drawn to scale.
The proposal offered here has a least 2 scales neither of which are
identified, precluding anyone from determining exactly where this huge
building will actually lie on the property, what the adverse height
impact will be, not only on adjacent homes 75 feet from a.5-story
building, but also from thousands of yards in three directions.
In addition, it is impossible to determine exactly what the final grades,
and dimensions will be of the usable lot area. The code'requires outdoor
living space on the lot occupied by a multiple residence building.
extensiveepace must be easily accessible for daily use by the residents.
This 8
I
P
Page - 4 -
-,\ 0
From what little is disclosed it doesn't appear that more than 40-50%
of the total 7.75 acres will. be used or is capable of being used, except
for the building, because of the cuts that will be made, the extensive
retaining walls, and the stee
total acreage.
gradients to 35% in the top half of the hAB
In fact, a sizeable portion of this property at the South
end falls away from the crest and steeply downward .toward the Crosstom
Highway. We, residents of the area also know that unless extensive
destruction of the ground cover is undertaken, the majority of th.e top
half of this tract is so dense that it is impossible to walk through it.
Therefore we question that this requirement of the code has been met,
for even the preliminary hearing.
We can find no evidence of the elevator required by the code for any
mulltple residence of 3 stories or more. We question the aesthetic
quality of ~n approxlxiite 86' bridge 40' &ove grade, it's safety, mzl
the preservation amenities, let alone the damage to adjacent property
owners and their rights,
Finally on page 157 of the Ordinance, it is stated that the final approval of
the Planning Commission can only be received if:
1. The proposed development will not be detrimental to properties
surrounding the Planned Residential District.
2. The design fully accomodates and preserves the natural amenities of
the PRD area.
3. The development provldes a proper relationship between natural features,
common open space, and living space.
In our opinian, YE. Krahl purchased R-1 land as did some 300 families with an u
investment of at least 2 million dollars, yet we are being repeatedly harrassed
by this indivj.dua1 land speculator with a limited investment in a piece of
4
*
*c+* Page - 5 -
property that is not viable for high density development. His proposal seems
to violate not only his neighbors and their rights but most: of the main tests
of qualifications for rezoning.
of exactly what zoning laws are written to protect.
The only test is seems to pass is destruction
&
2/26/73 88
Tully that he had called Rockville Center, New York, as instructed at the hear-
ing of May 17, 1971, and had been told that they repair curbs on a piecemeal
basis.
it is not taken care of properly, the Village does the work and assesses the cost
against the propergy. He added that if a tree is in the way, they leave the curb
out. Mr, Bill Beach of Arden Avenue oEjected to the improvement, stating that
the Wooddale Neighborhood Council is biased. Alady in the audience suggested
that if Mr. Thorpe and Mr. Tully had come to the meetings on the curb, they
would have understood the problems better. Mr. J. E. Toepel, 4622 Arden Ave.,
spolce in favor of the improvement.
one negative call from a resident on W. Sunnyside who was concerned about the
trees and assured residents that the Engineering Department could be trusted to-
use every possible precaution to save the trees.
he is now reconciled to the financing of capital replacements in the Village
and that he believes that it is to the overall benefit of the Village to keep
up the aesthetic appearance.
improvement was then seconded by Councilman Johnson and carried.
tion Ordering Improvement later in Minutes.)
B. CONSTRUCTION OF SANITARY SETJER IN THE FOLLOWING : (P-SS-310)
Blake Road from South line of Brownswood Addition to 569' North
Mr. Dunn advised that this sanitary sewer was instigated by petition of Mr. Jack
Clapp, and that the project had been extended to include that part of Blake Road
to the North that does not already have sanitary sewer service.
total estimated project cost at $17,557.24, proposed to be assessed against six
lots at an estimated cost of $2,926.21 per iionaection. Mr. Richard Conry advised
that he represented Mr. Richard Kelly, owner of Lots 39 and 40, Auditor's Sub-
division #325 and Mr. Thomas J. Moore, the owner of Lot 41, Auditor's Subdivision
9325.
Nr. Moore inasmuch as plans for developing that property are still being consid-
ered.
improvement to.serve lots 1 and 2, Block 1, Evanswood 2nd Addition only, was
seconded by Councilman Courtney and carried.
audience was told that only benefited properties would be assessed for the
improvement.
moved its adoption:
The repair is the responsibility of the individual property owner and if
Councilman Courtney said that he had received
Councilman Johnson said that
Councilman Courtney' s motion authorizing the
(See Resolu-
He presented
He requested that the improvement not include the property of Mr. Kelly and
Following some discussion, Councilman Johnson's motion authorizing the
An unidentified gentleman in the
Councilman Johnson thereupon offered the following resolution and
RESOLUTION ORDERING IEPROVEMENTS
STREET IMPROWMENT NO. BA-168 AND
SANITARY SEWER IMPROVEMENT NO. SS-310
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published and mailed to
owners of each parcel within the area proposed to be assessed on the following
proposed improvements:
1. CONSTRUCTION OF PORTLAND CEMENT CONCRETE 'CURB AND GUTTER AND ASPHALT CONCRETE
OVERLAY WITH SEAL COAT (INCLUDING WATER SERVICE REPLACEMENT) IN THE FOLLOU~NG :
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. 28, R. 24
Arden Ave. from W. 50th St. to Sunnyside Road
Bruce Ave. from 167. 50th St. to Sunnyside Road
Casco Ave. from Country Club Road to Sunnyside Road
Drexel Ave. €rom CouDtry Club Road to Sunnyside Road
'Edina Blvd. from Country Club Road to Sunnyside Road
Moorland Avenue from Country Club Road to Sunnyside Road
Browndale Ave. from Browndale Bridge to $7. 44th St.
Edgebrook Place
Country Club Road from Arden Ave. to Browndale Ave.
Bridge Street from Arden Ave. to Minnehaha Creek
Maclcey St. from Sunnyside Road to North line of Country Club District,
Brown Section
2. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE: FOLLOWING:
Blake Road from South line of Brownswood Addition to 569' North
and at the hearing held at the time and place specified in said notice, the
Council has duly considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to proceed with
the construction of said improvement% except that for Sanitary Sever No. SS-310
the project shall include only lots 1 and 2, Block 1, Evanswood 2nd Addition,
including all proceedings which may be necessary in eminent domain for tk
acquisition of necessary easements and rights for construction and maintenance
of such improvements; that said improvements are hereby designated and shall
be referred to in all subsequent proceedings as follows:
I
'No. 1 Above STREET IMPROVEBENT NO. BA-168
No. 2 Above SANITARY SEVER IMPROVEMENT NO. 33-310
40 2/26/73
< and the area D be speci lly assessed therefor for Street Improvement No. BA-168
shall include Lots 1-thru 13 incl., Block 1, Lots 1 thru 15 incl., Block 2,
Lots 1 thru 30 incl., Block 3, Lots 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.,
Block 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; and the area proposed to be
assessed for Sanitary Sewer Improvement No. SS-310 above includes Lots 1 and
2, Block 1, Evanswood 2nd Addition.
seconded by Councilman Courtney and on rollcall there were five ayes and no
nays and the resolution vas adopted.
.
Motion for adoption of the resolution was
GlGG ADDITION GRANTED PRELIl.l'INARY PLAT APPROVAL. Affidavits of Notice were pre-
sented Greg Addition for preliminavapproval, recalling that Planning Commission
had recommended denial of the plat due to the configuration of Lot 2 and the
required placement of any structure built on the lot.
if the plat is granted preliminary approval, the lots should be divided into
Cwo triangular shaped lots.
occurred to acquire a portion of this land for Mud Lake, during which the Vil-
lage demonstrated that the remaining land could be divided into two legal pie-
shaped lots and houses similar in size to those in the neighborhood could be
constructed.
the Planning Commission, but that he bad not participated in the discussion or
vote at the Planning Co~~stio"lBl~eEi~~t~~e~h~~~ $$saga&t$,gmE$f Sgn@$eF&isHfon.
espressed his objectiodto thg pfat, saying t at t e resultant ots woul not ge
compatable with the 5ots ori Teff PlabB. The.attorney representing the developer
pointed out that Nr. Lundgren should not have been left with property of minimum
-size by the condemnation of Mud Lake.
properties and it was pointed out that the proposed lots had 12,000 square feet
each, exceeding the required 9,000 square footage. Following considerable dis-
cussion, Councilman Van Vallcenburg offered the following resolution and moved
its adoption with the understanding that the property line between the two lots
be reviewed before the plat is returned to Council for 5inal approval:
sented by Clerk, approved as to form and ordered placed on file. llr. Luce pre- .- .
Mr. Luce suggested that
Mr. Luce reviewed the condemnation procedure which
Mr. Gordon Johnson, 5837 Jeff Place, stated that he is a member of
Council reviewed the size of adjoining
-
RESOLUTION APPROVING PRELIBINARY PLAT OF
GREG ADDITION
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that
that certain plat entitled '%reg Additiontt, platted by R. R. Lundgren, and pre-
sented to the Edina Village Council at its meeting of February 26, 1973, is
hereby granted preliminary approval with the understanding that the property
line between the two lots be feviewed before final approyal is granted.
Motion for adoption of the resolution was seconded by Councilman Johnson and
on rollcall there were five ayes and no nays and the resolution vas adopted.
INSURANCE AND BOND BIDS AWARDED. Mr. Dalen presented tabulation of bids received
in response to Advertisement for Bids in the Edina Sun on January 18 and 25,
1973.
low bidder at $1,066.00 (for three years), Schadow Insurance Agency, Inc.,
$1,467.00, M. E. Lane, Inc., $1,536.95 and Elagnuson Agency, Inc., and Chalgren-
Dah1 Insurance Agency at $1,584.75 each. llr. Dalen that Employers Insurance of
Bausau was low bidder for Comprehensive-General Liability for three years at
$24,553 (including Umbrella' of $3,000,000 Single Limit). Award to Employers
Insurance of Wausau for Comprehensive Automotive Equipment coverage for three
years vas also made by Flr. Dalen for ease in reporting and administration as
17as agreed upon by all bidders.
recommended low bidder in all cases was seconded by Councilman Shaw and carried.
Tabulation for Employee Blanket Bonds showed Brandow, Howard E; Koliler
Councilman Johnson's motion for award to
CHRfST PRESBYTERIAN CHURCH REQUEST FOR BITUMINOUS SURFACE ON T.H. 100 DISCUSSED.
Council's attention was called to a letter from Christ Presbyterian Church in
Edina requesting that bituminouq rather than concrete, surface by installed on
T.H. 100. In view of the fact that Council had been previously qdvised that
concrete was just as qyiet as bituminous surface, as long as the roadway 17as
smooth, Mr. Dunn was instructed to reply to the letter by motion of Councilman
van Valkenburg, seconded by Councilman Johnson and carried.
2/26./73
e- *
F-4 M c? $3
MISDEMEANOR PROSECUTIONS CONSOLIDATION OPPOSED. Upon reviewing positions of the
Hennepin County League of Municipalities in regard to various matters of legisla-
tion Qhich will be coming before the Legislature, Councilman Johnson offered the
following resolution opposing consblidation of Eiisdemeanor Prosecutions and
moved its adoption:
T;IHEREAS, the Urban Coalition of Minneapolis has sponsored a bill in the Minne-
sota State Legislature to consolidate misdemeanor prosecutions in the office
of the Hennepin County Attorney; and
WHEREAS, such consolidation of misdemeanor prosecutions would substantially
increase the cost of prosecution to the Village of Edina and to other suburban
communities; and
NHFREAS, the citizens of Edina, under the proposed bill, would not have quick
recourse to such a court system and it would undermine the ability of Edina
NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council support the
recommendation of the Hennepin County League of Nunicipalities to oppose any
consolidation of misdemeanor prosecution in the office of the Hennepin County
Attorney.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcafl there were five ayes and no nays and the resolution v7as adopted.
RE SOLUTION
* elected officials to respond quickly to the needs of citizens;
ROZMOND H. KENNON LETTER DISCUSSED. Council's attention was called to a letter
from Ilr. Rozmond H. Kennon, member .of the Human Rights Commission, objecting to
the fact that the Housing Needs Questionnaire had not been sent out. Mayor
Bredesen pointed out that Mr. Kennon had not bothered to attend the meeting at
which.the matter had been discussed' and to find out that the questionnaire had,
in fact, already been sent wt. He advised that he will write to Mr. Kennon
accordingly.
ERWIN N. SCHWAB CLAIM ONCE AGAIN DENIED. An open letter to the Council from
Mr. Erwin N. Schwab was noted in which Mr. Schwab once again requested additional
reimbursement for his house located at 7720 Xerxes Ave. S. Upon being advised
. by the Village Attorney that he believed the money paid to Mr. Schwab $&or his
house was more than fair, Councilman Johnson's motion was then seconded by
Councilman Van Valkenburg that Mr.'Schwab's claim be once again denied.
motion was carried.
The
MINNEAPOLIS CENTRAL LABOR UNION COUNCIL ACTION OPPOSING VOLUNTEER FIREMEN NOTED.
Mayor Bredesen referre'd to a letter opposing volunteer firemen which he had
received from the Minneapolis Central Labor, Union Council.
that the Village still has five 2olunteers who have been in Village service for
some time but that no more volunteers are being added to the force. No action
~7as taken.
Mr. Dalen advised
PETITIONS ACCEPTED FOR PROCESSING. Councilman Van Valkenburg's motion was
seconded by Councilman Johnson and carried that the following petitions be
accepted for processing:
1. 6021 Vernon Ave. - Sanitary Sewer and 17atermain
2. Dakota Trail Street Lighting
3. Vacation of 11. 60th Street from Walnut Drive West to Dead End
4. Vackeion of 17. 49th Street abutting 4912 Sunnyslope Road
LOTS 2 AND 3 , BLOCK 1, YORKTOFJN, DIVISION APPROVED.
ning Commission and hearing no objections from the audience, Councilman Shaw
offered the following resolution approving the division of Lots 2 and 3, Block
1, Yorktown, and moved its adoption:
As recommended by the Plan-
RESOLUTION
IJHEREAS, Lots 2 and 3, Block 1, Yorktown, are now separate parcels of land; and
WEREAS, the o~.mers of the above tracts of land desire to subdivide said tracts
into the following described new and separate parcels (herein called "Parcels") :
Lot 2, Block 1, Yorktown, except the Easterly 70 feet thereof; and
Lot 3 and the Easterly 70 feet of Lot 2, Block 1, Yorktown; and
I.JHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the Village of Edina will create an unnecessary hardship and
said Parcels as separate tracts of land do not interfere with the purposes of
the Subdivision and Zoning Regulations as contained in the Village of Edina
Ordinance Nos. 801 and 811;
NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of
Edina that the conveyance and ownership of said Parcels as separate tracts of
land is hereby approved and the requirements and provisions of Ordinance No.
801 and Ordinance No. 811 are hereby waived to allow said division and convey-
42 2/26/73
ante thereof as separate tracts of land but are not waived for any other purpose
or as to any other provision thereof, and subject, however, to the provision
that no further subdivision be made of said Parcels unless made in compliance
with the pertinent ordinances of the Village of Edina or with the prior
approval of this Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were f&ve ayes and no nays and the resolution was adopted.
HEARIhG DATES SET FOR VARIOUS ZONING MATTERS. As recommended by Mr. Luce,
Councilman Shaw m&ed that March 19, 1973, be set as hearing dates for the
following zoning matters : I 1.
2.
3.
Lot 2, Block 1, Replat of Edina Interchange Center - Zoning Change from
Planned Industrial District to C-2 Commercial District
Varden Acres-Austin Replat - Preliminary Plat Approval
IicCauley Heights 4th AddiGion - Preliminary Plat Approval
The Planner was further directed to commence hearing proceedings for a zoning
change for Lot 2, Block 1, Yorktown, from C-4 Commercial District to C-3 Com-
mercial District. The motion was seconded by Councilman Courtney and carried.
TAXICAB RATE INCREASE APPROVED.
requests from Yellow Taxi Company of Minneapolis and Town Taxi, Inc., request-
-ing increases as fo~lows :
Nayor Bredesen called Council's attention to
1.
2.
3. $6.00 per hour for waiting time (up from $4.00)
65c for the first .1/9 of a mile (up from 55C)
45c for each additional 2/9 mile (up from 40c)
Hr. H. C. Bierbrauer of Town Taxi, Inc., advised Council that Minneapolis has
already approved the increases. Council reviewed a schedule of fees charged by
taxicab companies throughout the United States and commented that, inasmuch as
llinneapolis has approved these rates, there is not much that the Village can do
but to adopt them also. Councilman Shawls motion approving the increase of the
rate increase was then seconded by Councilman Van Valkenburg and carried.
GOVElUWENTAL COElt4ISSION MEEIBERSHIP PROPOSALS TO BE SUBEETTED .
requested that Council submit a list of six citizens each to him by Narch 2,
1973, so that the Governmental Commission proposed by Councilman Johnson at the
meeting of January 8, 1973, could be appointed. He advised Council that Nr.
Bolton had offered to attend meetings of this group and that he will give them
the benefit of his experience at no cost.
again his resolution for establishment of an Edina Governmental Commission and
moved its adoption:
WHEREAS, the Edina Village Council believes-that the establishment of a "blue
ribbon" commission to study Village operations and the advisability and feasi-
bility of a home rule charter would be in the public interest.
Nm?, THEREFORE, BE IT RESOLVED that there is hereby established an Edina Govern-
mental Commission composed of fifteen (15) members appointed by the Mayor with
the approval of the Village Council, all of whom shall have been residents of
Edina for at least one year prior to appointment;
Mayor Bredesen
Councilman Johnson then offered once
RESOLUTION
RESOLVED FURTHER, that the Commission shall study and review:
(1) Village operations, including the Administration, Fire, Police, Parks
and Recreation and Public Vorlcs Departments to determine whether
Village operations best serve the residents of Edina; and
the form of Village government, including the boards and commissions
thereof, to determine whether or not Village government best serves
and is most responsive to the citizens of Edina.
it is the further duty of the Commission to determine the advisability
and feasibility of home rule charter for the Village of Edina.
(2)
In that connection,
RESOLVED FURTHER, that the Commission shall:
(1) organize as soon after appointment as is reasonable;
(2) at its organization meeting, elect from its members a Chairman or Chair-
woman and a Vice Chairman or Vice Chairwoman. The Chairman or Chair-
rgoman shall preside at all meetings of the Commission and in his or her
absence the Vice Chairman or Vice Chairwoman shall preside; and
at all meetings be governed by Roberts' Rules of Order and record the
minutes of all mzetings.
(3)
RESOLVED FURTHER, that within one year of the date of appointment, the Com-
mission shall transmit to the Council a written report containing its findings
and recommendations.
RESOLVED FURTHER, that :
(1)
.(2)
The Commission meetings shall be held in the Village Hall or at such
other place as the members shall determine.
The Commission shall have available to it secretarial and other admin-
2/26/73 48
3 istrative assistance from the Village staff and the advice and counsel from
the Village Attorney; and
(3) the Commission members shali be reimbursed by the Village for all reasonable
Notion for adoption of the resolution was seconded by Councilman Van Valkenburg
and on rollcall there were four ayes, with Councilman Courtney voting %ayIi and
the resolution was adopted. Councilman Courtney said that he had expressed his
reasons for opposing the resolution at the meeting of January 8, 1973, and has
heard nothing to change his mind.
OPEN SPACE CONNITTEE RBPORT NOTED.
Committee Report, recalling that the committee was appointed by an administrative
person, without approval of the Council.
give people the idea that they are doing something for the Village when they are
actually doing it for a matter of information for one of the Village's employees.
The thanks #of the Council mas expressed to the Committee for its work on the report.
and necessary expenses incurred in the performance of their duties hereunder.
Nayor Bredesen referred to the Upen Space
He said that the committee should not
NETROPOLITAN COUNCIL OPEN SPACE HEARING TO BE ATTENDED.
Guide Open-Space Policy Plan Program vas presented to the Council.
Scott asked who WOUld represent the Village.
attend the hearing on March 1, 1973.
l4etropolitan Development
Mrs. Virginia
Councilman Johnson t7as appointed to
ENVIRONMENTAL QUALITY COMMISSION APPOINTMENTS DISCUSSED.
Mayor Bredesen that at the meeting of February 5, 1973, concern had been expressed
about the proposal to eliminate the Environmental Quality Commission and to
appoint some of its members to the Planning Commission.
an improved liaison between the Environmental Quality Commission and the Plan-
ning Commission.
was seconded by Councilman Johnson and carried that Mr. Luce and Mr. Vest '.
make some recommendation which could be considered at the next meeting.
Councilman Shaw advise.d
Discussion ensued as to
Following considerable discussion, Councilman Johnson's motion
rt w cl a
GENE DAVIS APPOINTED WEED INSPECTOR for the year 1973 by motion of Councilman
Courtney, seconded by Councilman Van Valkenburg and carried.
BYERLY'S OFF-SALE BEER LICENSE APPROVED. As recommended by the Police Department
and the Sanitarian, Councilman Shaw's motion approving an Off-sale Beer License
for the new Byerly's at Yorktown was seconded by Councilman Courtney and carried.
TRAFFIC SAFETY COMMITTEE MINUTES OF FEBRUARY 12, 1973, APPROVED as submitted by
motion of Councilman Johnson, seconded by Councilman Shaw and carried.
HEARING DATE SET FOR PROPOSED IMPROVEMENTS. As recommended by Mr. Dunn, Council-
man Van Valkenburg offered the following resolution and moved its adoption:
RESOLUTION PROVIDING- FOR PUBLIC HEARINGS ON.
STREET 11-PROVEMENTS NOS. P-A-172, P-BA-192, P-BA-193 AND P-BA-194
GRADING, GRAVELING, PERMANENT STREET SURFACING, CONCRETE CURB AND
GUTTER, UTILITY RELOCATION, LAND ACQUISITION,
SPECIAL INTERSECTION CONSTRUCTION WITH
TRAFFIC SIGNALS IMPROVEMENT NO. P-BA- 195
1.
as to the feasibility of the proposed improvements described in the form of
Notice of Hearing set forth belOV7, 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 Monday, March 19, 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. The Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper
once a week for two successive weeks, the second of which publication is to be
not less than three days from the date of said meeting, and to mail nqtice to
all affected properties in substantially the following form:
The Village Engineer, having submitted to the Council a preliminary report
(Official Publication)
VXGEAGE -OF ,EDINA '
RENNEPIN COUNTY, MINNESOTA
NOTICE OF PUBLIC HEAPZNGS
PERMANENT STREET SURFACING IMPROVEMENT NO. P-A- 172
PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER
IMPROVEMENTS NOS. P-BA-192, P-BA-193 AND P-BA-194
Edina Village Council will meet at the Edina Village Hall on Nonday, March 19,
1973, at 7:OO p.m. to consider the following proposed improvements to be con-
structed under the authority granted by Minnesota Statutes, Chapter 429. The
approximate cost of said improvements are estimated by the Village as set forth
below:
44 2/26/73
1. PERMANENT STREET SURFACIhY: IN THE FOLLUJING:
A. Improvement No. P-A-172
vest 62nd Street from Concord Avenue to St.
Johns Avenue
2. PERElANENT STREET SURFACING AND CONCRETE CURB AND
GUTTER IN THE FOLLOYING:
A. Improvement No. P-BA-192
Fjeld 17ayen from Londonderry Road Vesterly 725' 5
Dovre Drive from Londonderry Road 17esterly to
Biscayne Blvd. from Londonderry Road to Dovre Drive
Biscayne Blvd.
B. Improvement No. P-BA-193
Tupa Drive from East line of Braemar Hills 5th
Addition Easterly to cul-de-sac
C. Improvement No. P-BA-194
Glacier Place from Gleason Road Westerly to cul-de-sac
ESTIIIATED COST
$ 9,571.07
$55,819.25
$ 4,806.90
$13,706.53
'The area proposed to be assessed for the cost of the proposed Permanent Street
Surfacing (Improvement No. P-A-172) under 1-A above includes Lots 8 thru 13
incl., Block 2, Valley View Ridge; Lots 5 and 6, Block 2, and Lot 3, Block 3,
Valley View Slope; and Parcel 699, Sec. 19, T. 28, R. 24.
The area proposed to be assessed for the cost of the proposed Permanent Street
Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-192) under 2-A
above includes Lots 1 thru 6 incl., Block 1, Lots 1 thru 12 incl,, Block 2,
Lots 1 thru 9 incl., Block 3, and Lots 1 thru 9 incl., Block 4, all in Park-
wood Knolls 17th Addition.
The area proposed to be assessed for the cost of the proposed Permanent Street
Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-193) under 2-33
above includes Lots 1, 2, 3, and 4, Block 1, Scott Berg Addition.
The area proposed to be assessed for the cost of the proposed Permanent
Street Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-194)
under 2-C above includes Lots 1 thru 10 incl., Block 1, Proposed Viking Hills
4th Addition (Outlot A, Viking Hills 2nd Addition).
Florence B. Hallberg
Village Clerk
(Official Publication)
VIUAQS OE EDINA
HENNEPIN COUNTY, II'NNESOTA
NOTICE OF PUBLIC HEARING
GRADIL? , GRAVELING, PERNANJINT STREET
SURFACING, CONCRETE CURB AND GUTTER,
UTILITY RELOCATION, LAND ACQUISITION.
SPECIAL INTERSECTION CONSTRUCTION
WITH TRAFFIC SIGNALS
IIIPROVEID3NT NO. P-BA- 19 5
Edina Village Council will meet at the Edina Village Hall on Nonday, March 19,
1973, at 7:OO p.m., to consider the following proposed improvement to be cons-
gructed under the authority granted by Minnesota Statutes, Chapter 429.
approximate cost of said improvement is estimated by the Village at $605,932.47.
The
fIPROVEEIENT NO. P-BA- 195
GRADING, GRAVELING, BITWIINOUS SURE'ACIhG, CONCRETE CURB AND GUTTER, LAND
ACQUISITION, UTILI~V RELOCATION, INCLUDING SPECIAL INTERSECTION CONSTRUC-
=ON VITH TRAFE'IC SIGNALS AT WEST 70TH STkEET AND WEST FRONTAGE ROAD AND
12 FOOT EXTRA UDTH OF WEST FRONTAGE ROAD IN THE: FOU(SN1NG:
West 70th Street from Rabun Drive to Minneapolis, Northfield and
T.H. 100 Vest Frontage Road from West 70th Street to Metro Blvd.
Southern Railroad tracks
The area proposed to be assessed for the cost of the proposed Grading, Gravel-
ing, Permanent Street Surfacing, Concrete Curb and Gutter, Utility Relocation,
Land Acquisition, Special Intersection Construction with Traffic Signals
(Improvement No. P-BA-195) as described above includes Lots 1 thru 7 incl.,
Block 1; Lots 2 thru 5 incl., Block 2, Lots 2 thru 6 incl., Block 5; and
Lots 1, 2 & 3, Block 6, Edina Interchange Center, Lots 1 thru 22 incl., Block
1 and Outlot A, in Edina Inter change Center'3rd Addition; Lots 1 thru 6
incl., Block 1, Lein's Edina Addition; Lot 8, Block 1, Duggan's Homestead;
Lot 8 and Lots 22 thru 28 incl., Block 7, Brookview Heights 2nd Addition; Lot
19, Block 3, Brookview Heights 3rd Addition; Lots 1, 2 and 3, Block 1, Brook-
viev Heights 3rd Addition-Jacobson Replat; Parcels 1610, 2625, 3505 and 5600,
Sectlon 9, Township 116, Range 21; Parcels 1210 and 2200, Section 8, Township
116, Range 21.
Florence B. Hallberg
Village Clerk
Notion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were five ayes and no nays and the resolution was adopted.
2/2u/73 46
L ORDINANCE NO. 106 GRANTED SECOND READING.
No. 106 for Second Reading, Councilman Courtney advised that he would no longer
be able to serve on the Commission.
it was determined that the need for a Councilman on the Commission no longer
existed, Councilman Shaw dffered Ordinance No. 106 for Second Reading and moved
its adoption as revised from First Reading:
ORDINANCE NO. 106
AN ORDINANCE ESTABLISHING A LOCAL rfuMAN RELATIONS COMMISSION IN T€E VILLAGE
AND REPEALING ORDINANCE NO. 104
Upon the presentation of Ordinance
Following the ensuing discussion in whiah
AND DEFINING ITS DUTIES
Section 1. Statement of Public Policy. It is the public policy of the
Edina Village Council ('*Council") and. tk School Board of Independent School
District No. 273, Minnesota, (tnSchool Board'*) to:
(1) 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 property, public
accommodations, public services and education.
and
the Minnesota League of Human Rights Commissions and other agencies in their
programs of human rights.
Relations Commission is hereby established with the,membership and the duties
hereinafter set forth .
(2) Improve the home, family and human relations climate in the community;
(3) Cooperate with the State of Minnesota Departmmt of Human Rights,
Sec. 2. Establishment of the Human Relations Commission. The Edina Human
Sec. 3. Membership of the Commission. The Commission shall consist of
14 members, all appoin-ted by the Mayor with the approval of the Council, but
7 froma list of candidates prepared by the Mayor and Council, and 7 from a
list presented to the Council by the School Board.
include one Edina resident who is a high school or college student and six
other residents; the latter list shall include one Edina resident who is a
high school student, one member of the School Board, and five other residents.
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 shal1,be appointed for
terms of three years, except for the high school or college students and
elected officiaBwho shall be appointed for a term of one year each. From the
five remaining candidates on each list, one shall be appointed for a term of
one year, two for a term of two years, and two for a term of three years. Upon
the expiration of his term of office, a member shall continue to serve until
his successor shall have been appointed. Any person appointed to fill a
vacancy occurring prior to the expiration of the term for which his predecessor
~7.78s 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 successeor shall likewise be chosen" from a list
of candidates presented by the School Board. Members of the Commission shall
serve without 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
prdgrams 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 Statutes, and to
discharge its duties under said Chapter 363 with regard to specific matters
referred to it by the State Commissioner of Human Rights or filed with it by
individuals.
(1) Elect from its membership a Chairman or Chairwoman and a Vice Chairr-
man or Vice Chairwoman, each of whom shall serve for a period of not more than
two (2) years.
the Commission. In his or her absence, the Vice Chairman or Vice Chairmoman
shall preside.
(2) Appoint a Secretary from its membership or at its election request
that a staff secretary be furnished by the Village orL-the School District.
Sec, 6. Meetings. All meetings of the Commission shall be open to the
public, be governed by Roberts Rules of Order and otherwise held pursuant to
by-laws and be adopted by the Commission as necessary or desireable for conduct
The former list shall
Sec. 4. Duties of the Commission. It shall be the duty of the Commis-
' Sec. 5. Organization. The Commission shall:
The Chairman or Chairwoman shall preside at all meetings of
2-/26/73
of its business.
sion to record the minutes of all meetings and transmit a copy thereof to each
member of the Council and School Board.
It shall be the duty of the Secretary of or to the Commis-
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
an Johnson and on
its passage and publication.
Motion for adoption of the ordinance was
rollcall there were five ayes and no nay
ATTEST:
Y I Maybr B. iL&u?Ad 9L
Village Clerk
ORDINANCE NO. 311-A2 ADOPTED ON SECOND READING. Councilman Van Valkenburg
offered the following ordinance increasing the fees for redeeming dogs from a
dog pound and moved its adoption.
ORDINANCE NO. 311-A2 *
AN ORDINANCE AMENDING ORDINANCE NO. 311
INCREASING THE FEES FOR REDEEMING DOGS
FROM A DOG POUND
THE *LLAGE COUNCIL OF THE VILLAGE OF EDINA, IENNESOTA ORDAINS:
Section 1. Ordinance 1 of Ordinance No. 311 is hereby amended to read as
"Sec. 11. Redemption. Any dog impounded for a reason other than for being
follows : 7"'
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 for each day
the dog is confined in the pound as the cost of feeding. If the dog 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. If the 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.cP
and publication.
Motion for adoption of the ordinance
on rollcall there were five ayes and
ATTEST :
I Sec. 2. This ordinance shall be in full force. and effect upon its passage
cilman Courtney and
0 A 7c!duLa/-
Village Clerk
ORDINANCE .NO. 422,GRANTED' SECOND EEADING. Councilman Johnson offered the follow-
ordinance. for Second Reading and moved lks".adoption:
ORDINANCE NO. 429
AN ORDINANCE REGULATING INSTALLERS OF OIL BURNERS, STOKERS,
STEAM AND HOT WATER HEATING SYSTEMS , IECHANICAL WARM AIR
HEATING AND AIR CONDITIONIAY; SYSTEMS, AND l33FRIGERATION
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
SYSTEMS: REQUIRIXG LICENSES AND BONDS: AND PRESCRIBING A PENALTY
PART 1. GENERAL REQUIREMENTS FOR
DOING OIL BURNER VORJX
Sec. 1. License Required. No person shall construct, install, alter, repair
or service, in any building or structure xqithin the Village, any oil burner or
oil burner equipment, such as defined herein, or engage in or carry on the
business of installing, altering, repairing or servicing such oil burners or
oil burner equipment, without having first secured a Class A Oil Burner Install-
er's License as provided hereunder.
No person shall engage in the occupation of or
work as a journeyman in the construction, installation, alteration, repair or
sewicing 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. 3. Apprentices. No person shall engage in the occupation of or 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, 2. Journeymen.
2/26/73
See. 4. Definitions. For the purposes of this Part 1, the following
OIL BURNER:
definitions shall apply:
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.
tanks, piping, pumps, control devices and accessories connected to such burners.
herein 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 learning the business under the direct supervision of a Class A or
Journeyman Oil Burner Installer and ijhose duties are those of a helper only
to such Class A Installer or Journeyman.
Sec. 5. Superirision 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.
Any device designed to burn fuel oil having a flash point
OIL BURNER EQUIPMENT:
CLASS A OIL BURNER INSTALLER:
Includes oil burners as above defined and all
A person duly licensed by the Village as
JOURNEYMAN OIL BURNER INSTALLER:
APPRENTICE INSTALLER:
PART 2. GENERAL REQUIREMENTS 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. ‘%tokerl’, for the purposes of this Part 2,
shall mean a mechanical defice 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.
and servicing of stokers in the Village shall be done under the immediate
supervision and control of a Class A licensee under this ordinance.
. Sec. 8. Supervision of Licensee. All installing, altering, repairing
PART 3. GENERAL REQUIFSMENTS FOR DOING
STEAM AND HOT WATER HEATIHG 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
a Class A Steam and Hot Water 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, installation, alteration, 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 heat-
ing plant, which shall be taken to mean and include the boiler or boilers,
and all controls, piping, radiation heating or cooling coils and other equip-
ment, 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.
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. 12. Apprentices. No person shall engage in the occupation of or
4 8. 2/26/73
, .*
..
Sec. 13. Definitions. For the purposes of this Part 3, the following
STEA3f HEATING SYSTEH:
definitions shall apply:
A heating system in which heat is transferred from
the boiler,or other source of steam to the heating units by means of steam at,
above, or below atmospheric pressure.
or other source of steam to steam utilizing devices at, above, or below
atmospheric pressure, for purposes 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.
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
conbination heating and cooling system.
SERVICING: The cleaning, re-setting, recementing and adjusting neces-
sary to maintain in efficient operating condition a steam and hot water heat-
ing system, steam piping system, or cooling piping and equipment otherwise in
good physical .condition.
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 pipirig systems, and cooling piping
and equipment.
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.
A person regularly engaged in the above-mentioned
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. Supervision of Licensee. All constructing, installing, alter-
ing, repairing and servicing of steam and hbt water 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.
STEAN PIPING SYSTEM: A system in which heat $s transferred from the boiler
HOT WATER HEATING SYSTEM: I COOLIEG PIPING AND EQUIPMENT: All piping and equipment containing liquid,
CLASS A STEAEi AND HOT WATER HEATiNG INSTALLER: A person duly licensed
JOURNEY" STEAEi AND HOT VATER HEATING INSTALLER: A person who is duly
APPRENTICE INSTALLER:
PART 4. GENERAL REQUIREMENTS FOR DOING MECHANICAL
f.JARM AIR HEATING AND AIR CONDITIONING 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.
apply to any person who in the course of his regular business employs persons
who maintain, operate, repair, service or clean any warm air heating system,
any air handling and air distribution equipment associated with air condition-
ing systems, any air handling and air distribution equipment associated with
-fan heating systems and/or ventilating systems, in a building owned, leased
and/or managed by such person, nor shall the provisions of this ordinance
apply to such persons so employed for such purposes. Provided, further, that
an unlicensed person may install, in single, two family, or multiple dwell-
ings, ventilation systems of a type commonly used for domestic kitchen or
bathroom exhaust when such systems are individually vented.
Sec. 16. License Limitations. The provisions of this ordinance shall not
Sec. 17. License Classifications. Licenses shall be divided into 2
.classes, to-wit: Class A shall include all branches of the businesses of
constructing, 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 arm air heating. Class B shall include only the business of cleaning the
herein' listed systems and equipment provided no dismantling or replacement of
equipment is required.
Sec. 18. Journeymen. No person shall hereafter engage in the occupa-
tion of or work as a EeJourneyman Warm Air Heating and Air Conditioning Installer"
within the Village without having first secured a Journeyman Warm Air Heating
and Air Conditioning Installer's License as provided hereunder.
of or work .as an P'Apprentice Warm Air Heating and Air Conditioning Installer"
without having first secured a Certificate of Registration as an Apprentice
IJarm Air Heating and Air Conditioning Installer as provided hereunder.
Sec. 19. Apprentices. No person shall hereafter engage in the occupation
2/26/73 49
6-4
I
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 hotder of a Class B
license or employed by such license holder.
and/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,
at least 8 by 10 inches in size, posted at the job site, or said identifica-
tion may be permanently affixed to a vehicle located at the site of the duct
work cleaning job.
ants may stop all work on a job site for failure to properly display such
identification until the provisions of-this section are complied with.
definitions shall apply:
humidifying device, equipment and.controls designed to provide for the simulta-
neous automatic control of the temperature, motion and humidity, and a reduct-
ion in the dust content and odors or air employed in the ventilation of rooms.
An air conditioning system may provide for either of the following three
classes of air conditioning:
The holder of a Class B license shall be required to identify himself
Identification shall be on a sign
The Building Official or his regularly authorized assist-
Sec. 21. Definitions. For the purpose of this Part 4, the following
AIR CONDITIONING SYSTEM: Any system of heating, cooling, air cleaning,
(1) Winter air conditioning, which shall include the proper distribu-
tion of the cleaned, humidified and heated air to and within the
spaces to be conditioned.-
tion 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.
things as adjusting or balancing the system.
heating in ahich the air is usually treated or handled by equipment located
outside the rooms service, usually at a central location and is conveyed to
and from rooms by means of a blower and a system of distribution duct work.
in satisfactory working order.
tain the efficient operating,condition o.f an air conditioning system, fan
heating system, ventilating system, and/or warm air heating system.
CLASS A 17APaI AIR HEATING AND AIR CONDITIONING INSTALLER:
(2) Summer air conditioning, which shall include the proper distribu-
(3)
ALTERATION:
FAN HEATING SYSTEM:
Any physical change in the system but not including such
A mechanical indirect system of steam or hot water
REPAIR: Any work which is necessary to maintain air handling equipment
SERVICING: The resetting, recementing and adjusting necessary to main-
A person, firm
. or business licensed as provided hereunder to engage in all branches of the
business of constructing, installing, altering, repairing, servicing and clean-
ing of air handling equipment and air distribution‘ systems for air-conditioning,
fan heating, ventilation or k7ann air heating.
in the business of cleaning warm air heating systems, air conditioning systems
or ventilation systems, provided no dismantling or replacement of equipment is
required.
who is duly licensed by the Village, as herein provided, to work on such
installations, under the direction and supervision of a duly licensed Class
A Warm Air Heating and Air Conditioning Installer, as are enumzrated under
‘%lass 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.
A fan or blower used in connection with associated
duct work or other equipment designed to supply or remove air to or from any
building dr structure.
WARN AIR HEATING SYSTEM: One or more warm air furnaces enclosed within
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.
shall be dependent upon the difference in density of the warm air leaving
the casing and the cool air entering the casing if the system is designed
for gravity circulation.
dependent upon the motive power furnished by a fan or blower if the system is
designed for forced air circulation.
CLASS B CLEANING $IECHANIC: A person, firm or corporation engaged only
JOURNEYMAN WARM AIR HEATING AND AIR CONDITIONING INSTALLER: A person
APPRENTICE IJARM AIR HEATING AND AIR CONDITIONING INSTALLER:
OENTILATTOM SYSTEM:
The circulation of air within such a system
The circulation of air within such a system shall be
5 0. 2/26/73
Sec. 22. Supervision of Licensee. All constructing, installing, altering,
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 licensee under the provisions of this
ordinance.
tive, or any other person shall dismantle any air conditioning system, fan
heating system, ventilating system, and/or warm air heating system vithout 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.
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.
-i
Sec. 23. Certain Acts Prohibited. No licensee, his agent or representa-
No
PART 5. GENERAL REQUIREBENTS 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 ser-
vicing refrigeration systems or equipment, 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) mste pipes except Zndir-
ect waste pipes which conv'ey condensate water or condenser water from refrig-
eration systems or equipment and which are not directly connected to compart-
ments storing articles for human consumption.
Sec. 26. Acts Exempted. This Part 5 shall not apply to:
(a) The placing, seeting, leveling or bolting together of refrigerated
(b) The placing, setting, leveling or erecting of walkin coolers;
(c) The installation and erection of frame cooling towers;
(d) €i domestic installation, alteration, maintenance and repair of a
refrigerator or freezer having a cabinet volume of 25 cubic feet or less;
(e) One or two family dwellings erved by one condensing unit where the
combined gross cubic foot volume of both cabinets is 25 cubic feet or less;
(f) Any unit system one-half horsepower or less;
(g) The installation of self-contained window type air conditioners.
Sec. 27. Stationary Operating Engineers Exempted. Stationary operating
engineers who are duly licensed by and under the laws of the State of Minne-
sota and are regularly employed as stationary operating engineers, and whose
regular employment, in part and incidental thereto, includes the maintenance,
operation, repairing and servicing of mechanical or chemical refrigeration
systems, 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, opera-
tion, 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.
Sec. 29. Apprentices. No person shall engage ir? the occupation of or
work as an apprentice, on the installation, alteration, repair or servicing
of refrigeration systems or equipment without having first secured a Certifi-
cate of Registration as an Apprentice Refrigeration Installer as provided
hereunder.
definitions shall apply:
installation, alteration, repair and servicing of refrigeration systems
under the direction and supervision of either a Journeyman or Class A Refrig-
eration Installer.
CONDENSER PIPING AM) EQUIPPENT:
nection with condenser heat rejection.
display cases;
.
Sec. 30. Definitions. For the purposes of this Part 5, the following
APPRENTICE INSTALLER: A person doing work at and in connection with the
All piping and equipment used in con-
2/26/73
a h'
INDIRECT TJASTE PIPE: A pipe that does not connect directly with
the drainage system of a building but discharges into a plumbing fixture
or receptacle which is directly connected t'o the drainage system.
JOURNEYMAN REFRIGERATION INSTALLER: A person who is duly licensed by
the Village, as herein provided, to work on refrigeration systems and equip-
ment under the direction and supervision of a duly licensed Class-A Refrig-
eration Installer.
licensed as herein provided, to engage in or carry on the business of install-
ing, altering, repairing and servicing refrigeration systems and equipment.
A substance used to produce refrigeration only by its
expansion, vaporization or circulation.
Any part or parts of a refrigeration system.
CLASS A REFRIGERATION INSTALLER: A person, firm or corporation duly
REFRIGERANT:
REFRIGERATION EQUIPMENT:
REFRIGERATION SYSTEM: A combination of parts in which a refrigerant is
SERVICING: The cleaning, lubricating, recharging, pumping down and
circulated for the purpose of extracting heat.
adjusting necessary to maintain in efficient operating condition a refrig-
eration system otherwise in good physical condition.
Sec. 31. Supervision of Licensee. All installing, altering, repair-
ing and servicing of refrigeration systems and equipment shall be done under
the supervision and control of a Class A licensee under this Ordinance.
PART 6. LICENSE REQUIREMENT 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 requlred by this ordinance and
to the holders of such licenses, except that licenses and renewals therof
shall be granted or denied by the Building Official and every license here-
under shall expire on the 1st day of January next following.
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 Certifi-
cate of Competency,or, for Class B, a Certificate of Competency as a Class
B Licensee issued by the appropriate Minneapolis Board of Examiners; or that
the applicant holds a current license of the same class as that for which the
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.
this ordinance shall be accompanied by proof that the applicant holds a cur-
rent certificate of competency as a journeyman issued by the appropriate
Ninneapolis Board of Examiners or that the applicant holds a current journey-
man 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.
installer required by this ordinance shall be considered an application for a
license.
tain a place of business in the State of Ninnesota. As used herein, place
of business shall consist of a bona fide location where the business for which
the license is issued is transacted.
a permit for the construction, installation, alteration, repair or servicing
of any system or equipment covered by this ordinance where said work is to
.be done by any person not connected with or in the employ of such licensee,
nor allow his name to be used by any other person for the purpose either of
doing any such work or of obtaining a permit therefor.
Sec. 36. Bond. Every applicant for a Class A or B license shall file
with his application a bond running to 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 work by him done and performed in constructing,
installing, altering, repairing or servicing devices or equipment covered by
this ordinance, will strictly conform to the provisions of the ordinances of
the Village rzlating Cliereto. . The bond shall apply to all work to be done
under the license during the period from the date of issuance to the date of
expiration of the license.
shall also furnish proof that a policy
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 per-
sons, in amounts of not less than $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.
Sec. 33. License Applications. The application for any Class A or B
The application for any journeyman installer's license required by
Any application for a certificate of registration as an apprentice
Sec. 34. Place of Business. Every applicant for a license must main-
Sec. 35. Unlawful Acts. No licensee hereunder shall take out or secure
Sec. 37. Liability Insurance. The applicant for a Class A or B license
of public liability insurance has
'
5 2. 2/26/73
Sec, 38. Fee. The fee for each license required by this ordinance shall be
$10, except that if the license applied for will expire within 6 months from the
date of application, the fee shall be $5.
Sec. 39. This ordinance shall be in full force and effect upon its passage
and publication. Notion for 'adofition of the ordfnance was
rollcall there were five ayes and no nays
ATTEST :
L#d+.&a
Village Clerk
ORDINANCE NO. 403-A1 ADOPTED ON SECOND READING. Councilman Johnson offered
the following ordinance and moved its adoption:
ORDINANCE NO. 403-A1
AN ORDINANCE &ENDING ORDINANCE NO. 403 TO PROVIDE
FOR CERTIFICATION OF PLANS AND SPECIFICATIONS AND
COMPLETED BUILDINGS BY MEXXANICAL EhEINEERS AND
BUILDERS AND TO PROVIDE FOR INSPECTION OF BBCHANICAL
VOW AND REPEALING PARAGRAPHS (C) AND (D) OF SECTION
4 OF ORDINANCE NO. 403
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, NINNESOTA, ORDAINS:
Section 1.
Section 2.
ing paragraphs (a) and (b) to letters (b) and (c) respectively.
Sec. 3.
paragraph (a) as follows:
Paragraphs (c) and (d) of Ordinance No. 403 are hereby repealed.
Section 4 of Ordinance No. 403 is hereby amended by reletter-
Section 4 of Ordinance No. 403 is hereby amended by adding a new
"(a) Paragraph (c) of Section 301 is amended to read as follows:
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.
plans and specifications to be prepared and designed by an engineer
or architect licensed by the state to practice as such.
the Building Official may require that plans and specifications
carry a certification, by a mechanical engineer licensed by the
state to practice as such, ti 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 Condition-
ing and Refrigeration Code or any other applicable ordinances of the
Village.
and specifications need not be submitted for the following:
' (c) Plans and Specifications. With each application for a
The Building Official may require
In addition, I
EXCEPTIONS:
1. One-story buildings of Type V conventional wood-stud
construction with an area not exceeding 600 square feet.
2. Group J, Division 1, Occupancies of Type V conventional
wood-stud construction.
3. Small and unimportant work. 'Ic
Vhen authorized by the Building Gfficial plans
Sec. 4. Section 4 of Ordinance No. 403 is hereby amended by adding new
paragraphs (d), (e), (f) and (g) as follows:
Paragraph (a) of Section 305 of said Code is amended to read
'Special Inspections. (a) General. In addition to the
"(d) as follows:
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 construction on the following types of work:
Concrete:
t'f'c't 2n excesg of 2000 pounds.
Masonry:
required in Chapter 24.
Welding: On all structural welding.
Reinforced Gypsum Concrete:
gypsum concrete is being mixed or deposited.
Speclai'Cases:' On specia1'bonStrfiction or-work'involving unusual
hazards or requiring constant inspection.
Biechanical Equipment and Accessories:
tions installed under a builaing permit or mechanical permit
shall be inspected by the Mechanical 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
On concrete work when the design is based on an
Nasonry work shall have special inspection when
When cast-in-place reinforced
All equipment and installa-
'I
2/26/73 53
e- * 4 w a a
materials, etc. Final inspection and operating tests shall be
made before unconditional occupancy of the building is permitted.
Final test repsorts must be submitted with final inspection.
for the employment of a special inspector if he finds that the
construction or work is such that no unusual hazard exists.'
,, "(3) SSction 306 of said Code is renumbered Section 307 and a new
EXCEPTION: The Building Official may waive the requirement .
Section 306 is added as follows:
'Section 306. (a) Engineer's Certification. Upon completion of
any structure for which a building permit was required, 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 Minne-
sota Heating, Ventilating, Air Conditioning 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 Building Offi-
cial a certification to the effect that the work done thereon was
done in full compliance with all applicable provisions of the MSBC
and Village ordinances.'
"(f)
.
Paragraph (a) of the new-Section 307 of said Code is amended to
No building or structure in Groups A to
I, inclusive, shall be used or occupied and no change in the existing
occupancy classification of a building or structure or portion the.reof
shall be made until the Building Official has issued a Certificate of
Occupancy therefor as provided herein.'
"(g) Paragraph (c) of the new Section 307 of said Code is amended to
read as follows:
'(a) Use of Occupancy.
read as follows:
'fa) Certificate Issued. After final inspection when it is
found that the building or structure complies with the provisions of
this Code, and after the Building Official has received certifications,
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:
(1) The building permit number.
(2)
(3)
(4)
(5)
The address of the building.
The name and address of the owner.
A description of that portion of the building for which the certi-
ficate is issued.
A statement that the described portion of the building complies
with the requirements of this Code for group of occupancy in which
the proposed occupancy is classified.
The name of the Building Official."' (6) Section 5. This ordinance shall be in full force and effect upon its pass-
age and publication.
Motion for adoption of the ordinance v7as secondewy Councilman Shaw and on
rollcall there were
ATTEST :
five ayes and no nays
Hayo r
e
Y Village Clerk U
ORDINANCE N0:433-A1 ADOPTED ON SECOND READING. Councilman Johnson offered
the following ordinance and moved its adoption:
AN ORDINANCE &ENDING ORDINANCE NO. 433 TO PROVIDE FOR
CERTIFICATION OF PLANS AND SPECIFICATIONS AND COMPLETED
BULLDINGS BY MECHANICAL EHGINEERS AND TO PROVIDE
FOR INSPECTION OF MECHANICAL WORK
ORDINANCE NO. 433-A1
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, KCNNESOTA, ORDAINS:
amended to read as follows:
Section 1. The first paragraph of Section 3 of Ordinance No. 433 is
"Sec. 3. Permit Required. Each person before constructing, recon-
structing, extending, altering or repairing any heating, ventilating,
air conditioning or refrigeration work (hereinafter referred to as
2 /26 /7 3
I "mechanical worka) or installing any heating, ventilating, air condi-
tioning or refrigeration fixture, shall make application with the
office of the Village Nechanical Inspector, if there be one, or the
Building Official if there be no Village Idechanical Inspector, for a
permit for that purpose and shall furnish said inspector or Building
Official &th 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 Buflding Official. In addition, the Nechanical Inspector
or the Building Official may require that such plans and specifica-
tions 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 provisiohs of the Ninnesota Heating, Ventilating, Air Condi-
tioning: and Refrigeration Code or any other applicable ordinances
of the Village. Thereafter, if it shall appear to said Mechanical
Inspector or Building Official that all applicable laws and the
Village Ordinances are, or when the work is completed, will be com-
plied with, he shall grant such permit."
Section 2. Sections 9 and 10 of Ordinance No. 433 are renumbered
Section 3.
.
Sections 11 and 12, respectively.
Ordinance No. 433 is hereby amended by adding nev7
Sections 9 and 10 as €allows:
"Sec. 9. Inspections. All equipment and installations installed
under a mechanical work permit shall be inspected by the Mechanical
Inspector, or Building Official, or a special inspector designated
and approved by either of them. Inspections shall be made during
construction and 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.
vork for 17hich a permit was required, the Nechanical Inspector or
Building Official may require that he be furnished with a certifica-
tion, by a mechanical engineer licensed by the state to practice as
such, to the effect that all such work v7as done in full compliance
with the Ninnesota Heating, Ventilating, Air Conditioning and Refrig-
eration Code and all other applicable ordinances of the Village.'P
Section 4. This ordinance shall be in full force and effect upon its
Final test reports must be submitted with final inspection.
"Sec. 10. Certification. Upon completion of any mechanical
I
passage and publication.
Motion for adoption of the ordinance wa
rollcall there were five ayes and no n
ATTEST :
!&l&Le/ /A,*
Village Clerk
PENN-DIXIE CEMENT CORPORATION SUIT SETTLED. Nr. Dalen reported that the
Penn-Dixie/Howard, Needles, Tammen & Bergendoff et a1 suit on the parking ramp
had been settled with the Village to receive $22,500 in damages.
Van Vallcenburg ' s motion accepting Nr. Dalen' s report was 0 seconded by Council-
man Courtney and carried.
Councilman
PURCHASE OF LOT 9, BLOCK 11, NORMANDALE COST REVISED. Village Attorney Erick-
son ir&cal;bed that at the meeting of February 5, 1973 the acquisition of Lot 9,
Block 11, Normandale, had been authorized.
motion authorizing execntfon of a purchase agreement in the amount of $8,000
for the property was seconded by Councilman Courtney and carried.
Councilman Van Valkenburg's
T.H. 100 - I!. 77TH STREET BYPASS EASEElENT APPROVED. As recommended by Mr.
Dunn, Councilman Van Valkenburg offered the following resolution and moved
its adoption:
WHEREAS, the State of Minnesota has by its Commissioner of Highways estab-
lished and designated the route of Trunk Highway No. 100 in Hennepin County,
Ilinnesota; and
WHEREAS, it is necessary that the State of Minnesota use for by-pass and dis-
posal area all that tract or parcel of land situate in Hennepin County,
RESOLUTION
Parts of Lots 1, 2, 11 and 12 Lake Edina 3rd Addition
as shown colored red on the print attached to "Temporary
Permit to Construcf'dated February 26, 1973
.
NW, THEREFORE, the owner in fee of the above described premises, in consid-
2/26/73 55
1 eration of One Dollar ($1.00) and other valuable considerations to him in
nana paid by the State of Minnesota, the receipt whereof is hereby acknow-
ledged, hereby gives to the State of Minnesota, the right to go upon said
premises and construct said by-pass area and to continue to work the same
until fully completed, and to travel the same when completed.
Motion for adoption of the resolution was seconded by Councilman Courtney
and on rollcall there were five ayes and no nays and the resolution was
adopted.
HIGHJAY UTILITY RELOCATION BILL SUPPORTED. As recommended by Nr. Brickson
and Elr. Dunn that the Council adopt a resolution evidencing its support of
the bill to be introduced in the State Legislature authorizing reimbursement
to municipalities for relocation of utilities on state highways, Councilman
Johnson offered the following resolution and moved its adoption:
.
WSOLUTION FOR ADOPTION BY THE VILLAGE COUNCIL OF THE
VILLAGE OF EDINA RELATIVE TO PASSAGE BY THE
MINNESOTA STATE LEGISLATURE OF A BILL OR ACT
AUTHORIZING REIPBURSEHENT FOR RELOCATION OF
UTILITIES ON STATE HIGHWAYS
BHEREAS, many municipalities in this state, including the Village of Edina,
have utilities located in State Highways; and
WHEREAS, State Highways have been, and will continue to be upgraded and
changed, thereby making it necessary to relocate the utilities within the
highway; and
WHEREAS, under the present,Minnesota Statutes, municipalities cannot be reim-
bursed for the costs incurred in relocating such utilities, except in connect-
ion with routes which are within the National System of Interstate Highways;
and
WHEREAS, the cost of relocating such utilities cannot usually be assessed
because the benefitted land owners were previously assessed for the same
improvement with the result that such costs must be paid out of the general
funds of the municipality; and
WHEREAS, the cost of relocating such utilities should be placed upon the
users of the highways because such relocation is attributable to highway
construction for the benefit of highway users; and
WHEREAS, legislation is being introduced in the Minnesota State Legislature
authorizing reimbursement to municipalities of costs incurred in relocating
utilities on all state trunk highways and not just those highways within the
National System of Interstate Highways;
NOW, THEREFORE, BE IT RESOLVED, that the Village Council of the Village of
Edina does hereby support and urges prompt adoption by the Minnesota Legisla-
ture, or legislation authorizing reimbursement to municipalities of costs
incurred in relocating utilities on all state trunk highways; and
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to other
municipalities with the request that they, too, adopt a similar resolution so
, that it may be presented to the Legislature.
Motion for adoption of the resolution was seconded by Councilman Van Valken-
burg and on rollcall there were five ayes arid no nays and the resolution was
adopted.
SIGN BLANK PURCHASE AUTHORIZED. As recommended by Mr. Dalen, Councilman
Courtney's motion was seconded by Councilman Shaw and carried awarding bid to
recommended 101.7 bidder, Minnesota Signal at $1,430.49. Other bids received
were from Earl Anderson at $1,537.07 and Gopher Stamp & Die at $1,871.86.
GRANDVIEW LIQUOR STOR& ICE MACHINE REPLACEMENT AUTHORIZED. As recommended by
Mr. Dalen, Councilman Van Valkenburg's motion vas seconded by Councilman John-
son and carried authorizing purchase of a Scotsman Ice Machine for the Grand-
view Liquor Store ac $1,644.50.
BRAEMAR ARENA MECHANICAL ROOM IMPROVEMENTS AUTHORIZED.
Rosland and Mr. Bahneman, Councilman Courtney's motion was seconded by Council-
man Shaw and carried authorizing the expenditure of $71,000 to bring the
,Braemar Arena Mechanical Room up to code.
As recommended by Mr.
PARK DEPARTMENT FEES AND CHARGES APPROVED.
Couilcilman Courtney's motion was seconded by Councilman Johnson and carried
authorizing the schedule of fees and charges as contained in the Parlc Board
Minutes of February 13, 1973.
As recommended by the Park Board;- .
APPROPRIATION TRANSFER FOR 1973 BUDGET APPROVED.
Councilman Shaw offered the folloving resolution authorizing appropriation
transfer for the 1973 Budget, reflecting salary changes and moved its adoption:
As recommended by Mr. Dalen,
56 2/26/73 i
RESOLUTION
BE IT RESOLVED that the Edina Village Council approve Bhg,:appropriatiim:
transfer for the 1973 Budget to reflect salary changes made December 29,
1972, after approval of the final budget as follows:
Planning
Administration
Finance
Assessing
Public PJorks
Administration
Engineering
Supervision and Overhead
Paid Leave
Street Nainteaance :
General
Street Cleaning
Snow and Ice Removal
Police Protection
Civil Defense
Public Health
Inspections
Contingencies
Park and Recreation:
Adminis tration
3faintenance :
Building and Equipment Maintenance
Skating Rink Maintenance
Motion for adoption of the resolution was
burg and on rollcall there were five ayes
adopted .
TRANSFERS
TO FROM
$ 105
$ 300
135
90
60
15
500
1000
199
500
62 1
9
2 85
5 40
2445
2888
2 30
544 Ron ---
$5633 $5633
seconded by Councilman Van Valken-
and no nays and the resolution was
LIQUOR FUND BALANCX SHEET as of December 31, 1972, was accepted and ordered
placed on file by motion of Councilman Johnson, seconded by Councilman Shaw
and carried.
50TH STREET SIDEWALK SNa7 TO BE RENOVED. Mayor Bredesen referred to a letter
which he had received complaining about the icy conditions on 50th Street
between the business district and Bruce Ave., and stated that either the pro-
perty owners mast shovel the snow or the Village should plow the walks.
Dunn advised that the ordinance provides that the walks must be shoveled
within twelve hours after the snow has ceased to fall or the walks will be
plowed by the Village and the cost assessed against the adjacent property.
Mr. Dunn said that he would see that these walks are kept free from -snow.
TRANSIT MEETIXG NOTED.
will be held at the Village Hall on Wednesday, February 28, at 7:30 with Mr.
Douglas Kelm to discuss the Metropolitan Transit Conrmissiods response to
transit needs and urged Councilmen to attend.'
Hr.
Councilman Courtney advised Council that a meeting
OFFICIAL POSITIONS ON I,F.GISLATIVE MATTERS DISCUSSED. Mayor Bredesen noted
that the Human Rights Commission minutes of Feb. 20, 1973, indicated that
"Mrs. Barry made a motion that the EHRC send-a letter to our legislators stat-
ing our support ofathe equal rights amendmant and'urging their support for its
ratification1'.
of the amendment.
detrermined that guidelines should be adopted to prevent persons connected
with the Village representing that their position is the concensus of the
Village Council.
tion and moved its adoption:
BE IT RESOLVED that no employee of the Village of Edina, nor any members of a
board, committee or commission appointed by the Council shall testify before
any committee, sub-comittee or interim commission of any governmental legisla-
tive body nor communicate directly with any law maker or the.staff of any law
maker or any news media with respect to any proposed law as an official
representative of the Village df Edina purporting to present the position of
the Village of Edina unless the Village Council has previously adopted an
official position on the particular problem.
Mayor Bredesen pointed out that he, for one, was not in favor
Councilman Johnson recalled that Council had previously
Councilman Johnson thereupon offered the following resolu-
RESOLUTION
Such persons may, of course,
2/26/73 57
I present their own feelings on any matter but shall distinguish between a
personal and an official posture.
Notion for adoption of the resolution was seconded by Councilman
on rollcall there were five ayes and no nays and the resolution was adopted.
Nr. Vest pointed out that he did not believe that the Human Rights Commission
minutes were correct, in that they should have reflected that the members
of the Commission were to act as private citizens and not as representatives
of the Council. *
Courtney and
CUDIS PAID.
carried for payment of the following claims as per Pre-List:
Fund, $39,184.87; General Fund, $53,602.91; Park, Park Construction,
Arena, Golf, $21,005.82; Water Fund, $5,335.93; Liquor Fund, $32,953.64;
Improvements, $69,937.39; and for confirmation of payment of the following
claims: General Fund, $5,992.44; Park, Park Construction, Swimming, Golf,
Arena, etc., $17,011.20; Liquor Fund, $110,593.81; Total, $133,597.45.
Motion of Councilman Shaw s.7as seconded by Councilman Courtney and
Construction
The agenda's business having been covered, Councilman Shaw's motion for adjourn-
ment was seconded by Councilman Johnson and carried. Adjournment at 9:27 p.m.
A* f?,
Village Clerk D
h 4
,