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HomeMy WebLinkAbout19740715_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY, JULY 15, 1974 Answering roll call were Council members Courtney, Johnson, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of June 17 and July 1, 1974 were approved as presented by motion of Councilwoman Schmidt, seconded by Councilman Shaw and carried. WESTERN EDINA TRAFFIC CIRCULATION ISSUE AREA 2 -- APPROPRIATE SIGNAGE BY CITY TRAFFIC ENGINEERS. by Parkwood Knolls' residents for a STOP sign for eastbound Stauder Circle traffic at 90' bend and a three-way STOP at Continental Drive and Stauder Mr. Fran Hoffman, City staff, presented the request I cp Ez;) w Circle, also the proposal by Mr. Cherne and Mr. Pearson, View Lane, for new barricades located (1) View Lane as originally barricaded; (2) Schaefer Road, mid-block between South Knoll Drive and Stauder Circle; and (3) Stauder Circle, immediately east of the Stauder Circle and Londonderry Road intersection. Mr. Hoffman gave the accident picture and a summary of the discussions as outlined in the Minutes of the Traffic Safety Committee Meeting of July 10. In answer to a Parkwood Knolls' resident inquiry if the barricades had been evaluated on the basis of temporary or permanent reimplementation or both, he replied that both had been considered. Mr. Erickson, City Attorney, sum- merized his written legal opinion stating that "permanent blockades would be tantamount to a vacation of the street which can only be done pursuant to statutory procedures for hearing and finding that the streets no longer are necessary to advance public interest". barricades are within the police power of the City if they are in the interest of public health, safety and welfare, but that permanent barricades are not within the police' powers. Mr. Dick Wolsfeld remarked that closing streets as proposed will do a better job of reducing volume on View and Schaefer than the previous plan. Mr. Bill Chandler, 5713 Camelback Drive (President, Park- wood Knolls Traffic Association) said the vast majority of people, 100-200 families, in Parkwood Knolls object to the barricades, either temporary or permanent; and the people who support the barricades, approximately nine families, live very near View and Schaefer. Mr. David Taft, 5606 Schaefer Road, remarked that the petition signed earlier is not relevant as a statistic; the proposed barricades give people access to the park, as well as emergency vehicles, etc. He continued to say that traffic is excessive in this area and unless barricades, STOP signs or some type of slow-down is effective, there will be real problems. In answer to Councilman Johnson's questions, Mr. Chandler stated that his Association did consider the matter and the vast majority of the people in their Association do oppose the new version as well as the old version. He also replied that there is no unanimity of the members on View as to pro or con barricades; and the people in the Camelback, DeVille, Continental area feel the barricades are a major restriction to emergency vehicle access. by the City if barricades slow response time of emergency vehicles. Mr. Erick- son replied "no" , as there is still access to the area. Ms. Sara Taft, 5606 Schaefer Road, member of the Parkwood Knolls Ass'n, remarked that she feels misrepresented as they are not against barricades and were not consulted. also stated that instead of striving for an equitable solution for the whole area, everyone is trying to protect his own interests. Mr. Chandler restated that the majority reject barricades as it causes major problems. McClelland, 5717 Continental Drive, (Vice-president of the Parkwood Knolls Traffic Association) commented that five houses on the lower part of View are against or question barricades; 1/4 to 1/3 of the total membership is on View and Schaefer. to the park, emergency vehicles, school bus routes, etc., and the Parkwood Knolls Traffic Ass'n group agrees with them. they may request barricades again. to receive the brunt of 400 cars per day, and traffic did not disperse as ex- pected. In answer to Councilwoman Schmidt's question about speed limits, Mr. Erickson replied there is a specific State Statute of 30 miles per hour for residential streets. Mr. Cherne remarked that there is a big difference of opinion, and the whole issue should be reviewed and petition the people who are affected. tion, such as turning restrictions at Blake Road-Excelsior and County Road 18 in Hopkins. Mr. Dunn stated he was not sure such signing would work, and that one-way streets have not been thoroughly investigated. Mr. Taft remarked that the topography makes 30 miles per hour too fast, and he is concerned about the children and feels STOP signs will remind people to drive the speed limit. He further stated that temporary Councilman Johnson asked Mr. Erickson if there is any liability She Ms. Helen She stated that the northern group's primary concern was getting I If Alternate 3 is held up, however; The previous barricades caused South Knoll Councilwoman Schmidt asked about peak traffic periods regula- 7/15/74 Counc other lman Johnson asked Mr. Dunn f there weren't ways of controll-Ag traffic than barricades, such as STOP signs, combination of STOP signs and one- way streets. Mr. Wolsfeld stated this is a speed problem, and there would not be as much concern if the speed were 25 miles per hour instead of 35-40 miles per hour, I He.suggested the City try to make alternative routes more attractive; STOP signs offer some limited help. Also, that more problems are introduced if there are too many STOP signs as they tend to irritate people. Mr. Dunn commented that people tend to try to make up for all the time they have lost if stopped, say four times, Londonderry to Vernon. Mr. Chandler stated they have not reviewed STOP signs and Ms. McClelland commented that they have no stand on STOP signs. Councilman Courtney said some solution must be reached. The Council has worked on the problem since '71 with no progress, and the people can't wait until*-'75- '76 for the Highway 18 exit and a comparable time for the Blake exit. think that two weeks was enough trial time for barricades. .Anything that will solve the situation and make this part of Edina a safe place to live should be done. His first suggestion is to have the police enforce the speed laws; and if barricades are so unpopular, try STOP signs. the people in the area will have to take some responsibility and each person has to contribute to the safety of the area. like barricades and suggest'ed we try signs on a temporary basis and enforce the speed laws. Continental Drive and Stauder Circle and the 90° bend at Stauder Circle. McClelland requested that the Council consider the suggestion of the Traffic Safety Committee that the City place "NO PARKING 7-9 AM, 5-7 PM" signs at Stauder Circle as parked cars at the tennis courts forces cars from the right lane into the left, and there are blind curves. that temporary "NO PARKING 7-9 AM, 4-6 PM" signs be placed there, using the good judgment of the Safety Council. moved appropriate signs be placed according to the judgment of the traffic en- gineers. Councilman Johnson asked Mr. Wolsfeld if, in his opinion, the signs would have any effect, whatsoever, in diverting traffic at View & Schaefer onto other roads. design,-but we might consider mid-block STOP signs on View Lane as a traffic interrupter since there is a natural tendency to drive 35-38 miles per hour down View Lane. Councilman 3ohnson suggested a 20-mile per hour speed limit with Mr. Dunn responding that this is illegal. The motion was then seconded by Councilman Johnson; and on roll call, there were five ayes and no nays and motion carried, Councilman Johnson responding that the Council has approved the western access and the eastern access to Olinger as solutions. I He didn't Councilwoman Schmidt said that Mayor Van Valkenburg remarked he doesn't Councilman Courtney moved the City try signs on a temporary basis -- Ms. Councilman Courtney added to his motion For lack of a second, Councilman Courtney then Mr. Wolsfeld replied "no" that the residential layout is bad Mr. Cherne inquired on the volume of vehicles per day with PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as herein- after set forth: A. CONSTRUCTION OF PARKING LOT GRADING AND SURFACING IN THE FOLLOWING '(P-P-2) Behind Grandview Liquor Store. (Lots 1, 2, 3, 4, 5 & 6, Block 3, Grandview Heights Addition and Best 1/2 (See correction in Minutes of August 19, 1974). vacated Brookside Avenue). Mr. Dunn explained that this improvement has been carried over since June 3 so the staff could have further discussions with the property owners in the area. The total estimated cost is $50,847.50, proposed to be assessed against two parcels of property as follows, one owned by the City and the other owned by the Paulsen interests, at 45-55 percent split in costs: LOTS 1, 2, & 3, BLOCK3 (PARCEL 2450) GRANDVIEW HEIGHTS ADDITION, 20,800 SQUARE FEET - $22,881.39 (CITY OF EDINA) LOTS 4, 5 & 6, BLOCK 3 @ARCEL 2470) GRANDVIEW HEIGHTS ADDITION, 50,600 SQUARE FEET - $27,966.15 Mr. Erickson proposed the Council approve the project and award the bid with the condition that the Agreement is signed and the sharing of costs is confirmed with the City Finance Director. confirmed the Agreement and agreed on the terms. Councilman Courtney then moved approving the project and awarding the bid subject to the signing of the Agreement. Motion was seconded by Councilman Shaw and carried. (See Reso- B. CONSTRUCTION OF PERMANENT STREET SURFACING IN THE FOLLOWING (P-A-174) Nest 56th Street from Bernard Place to Hansen Road Mr. Dunn presented proposed permanent street surfacing without curb and gutter on West 56th Street from Bernard Place to Dale which was petitioned; and before the Hearing, the Engineering Department extended the improvement along 56th St. to Hansen Road. assessed at an estimated cost of $14.46 per foot. Mr. Paulsen and Mr. Gustafson were present and lution Ordering Improvement later in Minutes.) 5 The total estimated cost of the project is $17,538.62, to be Mr. Bill McFadzean, 5600 Dale, I 7/15/74 W referring to a petition presented July 15, requested that 56th Street between Dale and Hansen be closed off and a bicycle or walking path be constructed to the park due to the dangerous railroad crossing and the semaphore. Mr. Murphy, representing twenty-four apartment dwellers at the corner of the railroad tracks and Hansen Road, remarked that the exit at Hansen to Vernon is difficult and a second access is necessary. After some discussion, Council- man Johnson moved the improvement from Bernard to Dale be approved, deleting the improvement from Dale to Hansen Road and referring the matter of the vaca- tion of 56th Street to the Traffic Safety Committee. and on roll call, there were five ayes and no nays and motion carried, (See Resolution Ordering Improvement later in Minutes.) C. CONSTRUCTION OF STORM SEWER IMPROVEMENT IN THE FOLLOWING (P-ST.S-141) ) Councilman Shaw seconded; Across France Avenue just south of West 44th Street; also from alley between Sunnyside Road and West 44th Street just west of France Avenue west to ponding area. Mr. Dunn explained that this is a storm sewer that is proposed to improve the drainage situation in the vicinity of France, Sunnyside and 44th Street, has an estimated total cost of $19,316.34, proposed to be assessed at 5-1/2 cents per square foot on residential property, 1-1/4 times that rate for multiple family residential property and two times that rate for all commer- cial property. Dr. Thomas Pirsch, Sunnyside Avenue, stated the storm sewer was functioning adequately until Burger Brothers constructed a storage build- ing behind their store on France Avenue. Apparently, three of the pilings were driven through the.storm sewer. He feels an error was made by the City of Edina, and therefore, the City should pay for the whole construction. Mr, Dunn stated this is a true statement; however, he questioned the adequacy of the system before the pilings were driven through the pipes, and Mr. Courtney replied it was adequate when he was on the Morningside Council. commented they were disturbed with the surveyor who provided the survey for the Building Inspection Department because he did not show the easement on the survey for the building permit, until it was noted that it was not an easement but an agreement signed in 1945 and never recorded. the builder and the Building Inspection Department were uninformed. further stated the sever is functioning partially, but cannot handle heavy rains in the area. Mr. Don Anderson, Griffen Pharmacy, said that they ex- perienced no problems with water until the pilings were driven. Mr. Robert Sullivan, 44th & France and owner of the property including the Drug Store, commented he feels further examination of the need for the project is neces- sary. Mr. Sam Thorpe stated that, under the circumstances, the property owners of the area should not be held responsible. Mayor Van Valkenburg requested that this matter be referred back to the Engineering Department for more study and comment on whether or not there is a different solution to the problem and whether or not it will definitely solve the problems of these people. He also requested Mr. Thomas Erickson, City Attorney, to in- vestigate what responsibility we have as the City and/or Burger Brothers or their builder, or whoever is involved with the water problem. Councilman Johnson moved the matter be continued to August 5th for further study. Councilman Courtney seconded; and on roll call, there were five ayes and no nays and motion carried. Councilman Courtney then offered the following Resolution and moved its adoption: It Mr. Dunn Consequently, Mr. Dunn RESOLUTION ORDERING IMPROVEMENTS NOS. P-P-2, P-A-174 BE IT RESOLVED by the Council of the City 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 PARKING LOT GRADING AND SURFACING IN THE FOLLOWING: Behind Grandview Liquor Store -- Lots 1, 2, 3, 4, 5 & 6, Block 3, Grandview Heights Addition and West 1/2 vacated Brookside Avenue 2. CONSTRUCTION OF PERMANENT STREET SURFACING IN THE FOLLOWING: West 56th Street from Bernard Place to Dale Avenue 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 as pertains to Street Im- provement A-174, the proposed improvement between Dale Avenue and Hansen Road was deleted from the project, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such imprcwements; that said improvements are hereby designated and shall be referred to in all subsequent 7/15/74 proceedings as follows: NO. 1 Above GRADING IMPROVEMENT NO. P-2 NO. 2 Above . STREET IMPROVEMENT NO. A-174 and the area to be specially assessed for P-2 above includes Lots I, 2, 3, 4, 5 & 6, Block 3, Grandview Heights Addition and West 1/2 vacated Brookside Avenue; and the area to be specially assessed for A-174 includes Lots 11 and 12, Richmond Hills 3rd Addition; Lot 1, Block 1, Melody Knolls 5th Addition; Lots 1 and 2, Block 5, Melody Knolls 3rd Addition. Motion for adoption of the Resolution was seconded by Councilman Shaw; and on roll call, there were five ayes and no nays and the Resolution was adopted. ORDINANCE NO. 811-A? GRANTED FIRST READING AND CONCEPT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered place on file. Mr. Luce presented the request of Folke Victorsen for rezoning property located at.the southwest corner of the interchange of Crosstown 62 and Gleason Road from R-1 Residential District to PRD-3 Planned Residential District. Mr. Luce explained that the proposal calls for a 74-unit apartment building on the north side of the slope and single-family residential on the south side of the slope. Planning Commission and Planning staff recommend that concept approval be granted subject to the conditions stated by the Planning Commission. Mr. Luce said there are 214- acres, with 21 single-family lots and 74-apartment units in a three level building with 148 parking stalls. over ten percent. Mr. Folke Victorsen explained that the access road to the apartment building has been moved an additional 125 feet fromMcCauley Trail. It was also pointed out that the noise factor renders the north side of the slope unsuitable for single family dwellings, whereas the south side is suited very well to single family homes. Mr. Luce said that this plan does provide a workable solution to a difficult site due to the steep grade of the slope and needed protection of the lake, yet it provides a reasonable transition from single-family homes to multiple dwellings. building would be hidden in the woods. Mr. Luce also stated that the traffic generated by this unit would only be approximately 1-1/2 as much as single- family housing and, furthermore, the saving of the trees on the slope would help absorb noise from the Crosstown. Mr. Orrin Haugen, 6612 Indian Hills Road, Ispeaking in opposition to the proposal on behalf of the Arrowhead Lake Improve- ment Association, stated they feel the character of the neighborhood is estab- lished as a single-family area, and the people are disturbed that the complex Carrier, Indian Pond Circle, objected to the acute turn off steep Indian Hills Pass, especially in the winter; and asked that another access be considered for the safety of the children. Mr. Bernie Gunderson, Indian Pond Circle, seconding Dr. Carrier's opinion on the almost hairpin turn, stated that he thought he was moving into a single-family area, not expecting a 74-unit apart- ment one-half block from his new residence. Road, expressed concern over the increased traffic and the possibility of other apartments coming into the area. Mr. Larry Bettes, 6601 Sally, also asked the Council to consider the traffic problems. Mr. Jack Clark expressed opposition to the entrance road to single family dwellings because of traffic and the apartment complex. Mr. Karl Kaufmann, 6405 McCauley Circle, is concerned about the traffic pattern and the access onto Gleason fromMcCauley Trail and increase of traffic on Gleason from apartments, as well as changing the character of the area. Mr. Brian Peterson, 6604 Indian Hills Road, questioned Mr. Luce's predic- tions on trip generations as lots are larger than most Edina lots; also objects to apartments in the area. Mrs. Thomas Carrier, Indian Pond Circle, commented that they purchased real estate in the area to have a delightful place to live. She further commented that Mr. Victorsen is experienced in real estate develop- ment, and when he purchased the property was aware of the difficult typography of the hill and zoning. Mr. Harry-- Murphy, 6508 Indian Hills Road, thinks a multiple development facing the highway is the best approach as he is more worried as to what will happen if some type of a multiple plan is not accepted, such as denuding the hill for single-family dwellings. commented that this proposal is a solution to some problems, less traffic per unit than single-family on Gleason Road and does keep single-family next to single-family and the apartment is separated. Mr. Shaw stated the Environ- mental Quality Commission has had an opportunity to study the proposal,.the Planning Commission has had a number of opportunities to study it, and they * believe it is an exceptional compromise. * minutes, the expressions of the people immediately adjacent relative to the (See correction in Minutes of August 19, 1974). I 45 The lot coverage is proposed to be slightly It was pointed out that the apartment - in their backyard would change the character of the community. Dr. Thomas Mr. Kent Calhoun, 6617 Gleason Mayor Van Valkenburg As stated in the Planning Commission - apartment unit were that there was a preference over having the property cut up into single-family lots and single-family houses, particularly with the slope of the hill. Mr. Shaw then offered the motion for the rezoning, subject * (See correction in Minutes of August 19, 1974 as pertains to wording.) 7/15/74 to the several contingencies to the final development,plan as were referred to in Mr. Luce's presentation. In answer to Mayor Van Valkenburg's question if at the planning hearings there was any discussion about the northwest and western corner and to assure that it remains open character now and in the future; Mr. Luce replied that it is encumbered by the zoning and would have to go through the whole process of rezoning. Mr. Erickson stated that the plan, when approved, constitutes the only method of development. changes by a scenic and open space easement according to the Ordinance. Mr. Victorsen was in agreement in this-area. motion of rezoning to PRD-3 to include requiring a recordable open space easement. It was asked if there was any possibility of the motion including a feasibility study of having the road going toward the northeast to Gleason rather than coming down at the 13 degree angle onto Indian Hills Pass. Councilman Shaw remarked that this would be part of the final development plan and would be considered in that. at a later time and was told that there is no guarantee what another Council might do. After considerable discussion, on roll call, there were four ayes with Councilman Johnson abstaining; and motion carried. Councilman Courtney seconded the motion. It can be further protected from subsequent Councilman Shaw then amended his Mr. Henry Bachwald questioned rezoning Mr. Kasbohm questioned the calculations on the units per acre. p1 Q I% M w PARKING LOT IMPROVEMENT P-2 AWARD SUBJECT TO AGREEMENT SIGNATURE. Mr. Dunn presented tabulation of nine bids received in response to advertisement for bids for Parking Lot Grading Improvement No. P-2 behind the Grandview Liquor Store. Tabulation showed W. G. Pearson, Inc. low bidder at $25,011.00; M. G. Astleford Co., Inc. at $25,887.50; Northwest Bituminous Co., Inc. at $28,100.00; J. A. Danens & Sons, Inc. at $28,400.80; Diversified Contracting at $29,134.50; Alexander Construction Co., Inc. at $30,005.90; Matt Bullock Contracting Co., Inc. at $30,754.00; Carl Bolander & Sons Co. at $41,110.00 and Bituminous Roadway, Inc. at $43,877.00. was seconded by Councilman Johnson and carried awarding the contract to W. G. Pearson, Inc. subject to the signing of the Agreement. Councilman Courtney's motion SANITARY SEWER IMPROVEMENT NO. SS-317 BID AWARDED. Mr. Dunn presented tabulation of three bids for Sanitary Sewer Improvement No. SS-317 received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on May 16 and May 23, 1974. Tabulation showed G. L. Contracting, Inc. low bidder at $19,642.30; Rauenhorst Corporation at $21,468.00; Widmer Bros., Inc. at $22,002.50. Councilman Johnson's motion was seconded by Councilwoman Schmidt and carried awarding the contract to G. L. Contracting, Inc. I SANITARY SEWER IMPROVEMENT NO. SS-316 BID AWARDED. Mr. Dunn presented tabula- tion of'four bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on May 16 and May 23, 1974. Rauenhorst Corporation low bidder at $6,230.80; Widmer Bros.', Inc. at $9,350.00; G. L. Contracting, Inc. at $8,467.50; and Shafer Contracting Co., fnc. at $12,619.50. and carried awarding the contract to Rauenhorst Corporation. Tabulation showed Councilman Johnson's motion was seconded by Councilwoman Schmidt WATER MAIN IMPROVEMENT NO. WM-289 BID AWARDED.- Mr. Dunn presented tabulation of four bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on May 16 and May 23, 1974. Rauenhorst Corporation low bidder at $7, 436.05; Widmer Bros., Inc. at $9,415.00; G. L. Contracting, Inc. at $9,486.75; and Shafer Contracting Co., Inc. at #11,502.50, and carried awarding the contract to Rauenhorst Corporation. STORM SEWER IMPROVEMENT NO. ST.S-136 BID AWARDED. Mr. Dunn presented tabula- tion of four bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on May 16 and May 24, 1974. Rauenhorst Corporation low bidder at $7,609.05; Widmer Bros., Inc. at $8,029.00; G. L. Contracting, Inc. at $9,292.00 and Shafer Contracting Co., Inc. at $10,446.30. and carried awarding the contract to Rauenhorst Corporation. STORM SEWER IMPROVEMENT NO. St.S-141 AWARD OF BID CONTINUED TO AUGUST 5, 1974. In accordance with action taken on Storm Sewer Improvement No. P-St.S-141, .Councilman Johnson's motion to continue award of bid was seconded by Council- woman Schmidt and carried. Tabulation of bids received in response to adver- tisement for bids was presented: Rauenhorst Corporation low bidder at $19,302.75; Widmer Bros., Inc. at $20,016.50; G. L. Contracting, Inc. at $21,647.90 and Shafer Contracting Co., Inc. at $21,749.40. Tabulation showed Councilman Johnson's motion was seconded by Councilwoman Schmidt Tabulation showed Councilman Johnson's motion was seconded by Councilwoman Schmidt M pJ.4 \. . 7/15/74 I ,GRADING IMPROVEMENT NO. C-115 (S.A.P. 120-147-06) BID AWARDED. Mr. Dunn pre- sented tabulation of six bids received in response to advertisement for bids. Tabulation showed Terry Bros., Inc. low bidder at $16,311.25; Rauenhorst Corpor- ation at $20,402.75; Shafer Contracting Co., Inc. at $21,247.50; G. L. Contract- ing, Inc. at $21,666.50; West Suburban Utility Contractors, Inc. at $22,098.00; and Widmer Bros., Inc. at $22,255.00. Councilman Johnson's motion was seconded by Councilwoman Schmidt and carried awarding the contract to Terry Bros., Inc. at $16,311.25. BRAEMAR PARK SHELTER BUILDING BID AWARDED. bids received in response to Advertisement for Bids in the Construction Bufletin and the Edina Sun on June 20, June 27 and July 3, 1974. Tabulation showed Base Bids and Alternates 1, 2, 3 and 4 with Keho Construction low bidder at $57,450.00; ElView Construction at $63,002.00; Wm. Kranz, Inc. at $64,595.00; Anderson Builders at $65,597.00; Berlund Johnson at $71,710.00; B. E. Enterprises at $66,787.00; and McCall & Co. at $63,021.00. Councilman Johnson moved and Councilwoman Schmidt seconded and carried awarding the con- tract for the Base .Bid at $48,000, Alt. 1 at $2,400.00; Alt. 2 at $2,100.00; Alt. 4 at $750.00 for a total of $53,250.00. Mr. Ken Rosland presented seven BID AWARDED FOR BEARD, COUNTRYSIDE, HIGHLANDS AND NORMANDALE PARK SHELTERS. Mr. Rosland.presented three bids received in response to Advertisement for Bids in the Construction Bulletin and the Edina Sun on June 20, June 27 and July 3, 1974. tion low bidder at $42,200 Base Bid and $1,200 Alt. 1; B. E. Enterprises $46,400.00 Base Bid and $1,500.00 Alt. 1; Anderson Builders $55,400 Base Bid and $2,975.00 Alt. 1. Councilman Shaw's motion was seconded by Councilman Johnson and carried awarding the contract to Keho Construction at $42,200.00 and eliminating Alternate 1. CONTRACT NO. 74-2 PARK SEWER AND WATER CONNECTIONS BID AWARDED. Mr. Rosland presented tabulation of two bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on June 20, 27 and July 3, 1974. Tabulation showed Axel Newman Heating and Plumbing low bidder at $35,497.05 and G & L Construction at $39,314.55. by Councilman Shaw and carried awarding the contract to Axel Newman Heating and Plumbing. Tabulation showed Base Bids and Alternate 1 with Keho Construc- Councilman Johnson's motion was seconded SAND, BITUMINOUS MATERIAL AND ROCK BIDS AWARDED. Mr. Dunn presented tabula- tion of twelve bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on June 27 and July 3, 1974 as follows: Concrete Sand: (delivered) W. G. Pearson, low bidder at $1.65; Northwestern Gravel Co., Inc., $1.85; Bury & Carlson, Inc., $2.25; J. L. Shiely Company, $3.15; Buck Shot FA-4: (delivered) Northwestern Gravel at $3.05 (low bid does not meet specifications); W. G. Pearson, Inc., $2.85; Ed. Kraemer & Sons, $3.15; W. G. Pearson, Inc., $3.55; Bury & Carlson, Inc., $4.35; J. L. Shiely Company, $4.15; Ed. Kraemer & Sons, $3.25; Gravel Base: (delivered) W. G. Pearson, low bidder at $1.90; Northwestern Gravel, Inc., $2.00; Bury & Carl- son, Inc., $2.50; and J. L. Sh2eley Co., $3.50; Limestone C-A-5: (delivered) Ed. Kraemer& Sons low bidder at $2.95; J. L. Shieley Co., $4.30; Seal Coat Chips: (delivered) Bryan Dresser Trap Rock, Inc., $7.15; MC Cut-Back Asphalt: (delivered) Northwestern Refining Co., $ .3500; RC Cut-Back Asphalt: (delivered) Northwestern Refining Co., $ .3525; Ready-Mix Bituminous: (pick up) North Star Asphalt Co. low bid at $9.20; Midwest Asphalt Corp., $9.75 (alternate source); Minnesota Valley Surfacing Company, $9.29; Bury & Carlson, Inc., $10.15; Riegger Roadways, Inc., $9.35. Councilwoman Schmidt moved and Councilman Johnson seconded and carried awarding to low bidder in all cases except the bid for Buckshot FA-4, which award was made to Northwestern Gravel as low bid did not meet specifications. . . $3.75; Coarse Aggregate: (delivered) Northwestern Gravel, low bidder at VALLEY VIEW CUL-DE-SAC OPPOSED. Letter was noted from Mr. and Mrs. Lauren Pederson expressing opposition to any cul-de-sac in their area. Shaw moved and Councilman Johnson seconded that the matter be continued to August 5 for consideration along with the Valley View Road/County Road 18 action. Motion carried. SOUTHDALE BOWLING LANES LICENSES CONTINUED. Mr. Dunn commented that the de- fendents were to enter a plea July 16th and recommended continuation to August 5th meeting. Councilman Courtney moved the matter be continued, Council- man Shaw seconded and motion carried. Councilman .. I . 7 I15 174 19.5 MINI-ART CENTER COMMITTEE APPOINTED. appointments to the Mini-Art Center Committee as follows: Mesdames Mayor Van Valkenburg recommended Connie Adams , Barbara Laederach, Marion Ward, Dolores Dege, Pat Greer, Kay Brown, Donna Skagerberg; Mrs. Ben Berme1 and Mr. Lowell McCarthy. Councilman Johnson moved and Councilwoman Schmidt seconded the appoint- ments and motion carried. DONALD R. PAVEK NOTICE OF CLAIM NOTED. filed by Donald R. Pavek for sewer backup damage at 4600 Tower Street. The matter has been referred to the City Attorney and to the insurance company. The City received Notice of Claim ASSOCIATION OF METROPOLITAN MUNICIPALITIES APPOINTMENTS. burg appointed Councilman Courtney as delegate and Councilman Shaw as alternate to the Association of Metropolitan Municipalities. Johnson moved and Councilwoman Schmidt seconded the appointments and motion carried. Mayor Van Valken- Councilman TRAFFIC SAFETY COMMITTEE MINUTES OF JULY 10, 1974 APPROVED. Mr. Fran Hoffman presented the severe parking problem on Creek Valley Road cul-de- sac at Edina West and the east-west portion of Creek Valley Road immediately east of cul-de-sac due to tennis courts. Mr. John Bly, 5865 Creek Valley Road requested "NO PARKING ANYTIME" posted in front of his property. discussion, Councilman Johnson moved that (a) post "NO PARKING" on Mr. Bly's side of street in, cul-de-sac and (b) request the School Board to construct steps to tennis courts. After further discussion, Councilman Johnson added to his motion to post signs for the fence, "TENNIS PLAYERS PARK AT SCHOOL", along with "NO PARKING" signs when the fence is completed. Johnson then moved the Safety Traffic Committee Minutes be approved, Council- man Courtney seconded and motion carried. After Councilman CITY LOGO AND SEAL DESIGN AND LAYOUT CONTINUED TO AUGUST 5th. Councilwoman Schmidt stated that Mr. Fellman was requested to make a design for the Bi- centennial; and in connection with making his design, he came up with a City seal and City logo. The schools' art classes submitted two designs which were not applicable. seal and discussion ensued as to their usage. It was then suggested they be reviewed by the Edina Historical Society and brought back at the next nee t ing . The Council expressed a liking for the logo and METROPOLITAN COUNCIL PARK AND OPEN SPACE COMMITTEE MEETING. Mr. Rosland stated he sent letter to the Chairman of the Open Space Committee and recommended a representative attend the meeting of July 16, 1974. METROPOLITAN COUNCIL PHYSICAL DEVELOPMENT COMMITTEE. DISCUSSION STATEMENT. Mr. Luce explained the Metropolitan Council's Physical Development Guide Plans and explained that the Metropolitan Council would like some response. He then submitted the following Resolution: RESOLUTION RESPONDING TO THE METROPOLITAN COUNCIL'S PROPOSED DEVELOPMENT FRAMEWORK WHEREAS the Metropolitan Council has completed "development framework poli- cies" for the metropolitan area and is now soliciting reaction to alternative methods of implementation, and WHEREAS the City of Edina is an affected municipality whose future land use decisions are in part dependent on the development framework and the method of i t s imp 1 emen t a t ion, NOW, THEREFORE, BE IT RESOLVED by the Edina City Council in response to the May 30, 1974 solicitation from John Boland, Metropolitan Council Chairman, that the following be transmitted: 1. 2. That Edina views itself as a developed area and is experiencing land use decisions similar to a developed area; and That Edina views sprawl and "leap frog" development as undesirable for the following reasons: a. More costly public and private facilities and services will be needed to serve new fringe area development at a time when there is excess capacity or inefficient use made of existing capital investments within the built-up area. Many of the public facilities and services on the fringe are paid for, not only by the new residents but also by people who live in the built-up areas. Yet these existing residents have little voice in how development occurs. b. 7/i5/74 J - c. Fringe area development which will result in the loss of valuable open space and eventual surface and ground water pollution in many areas will exact a high cost to the environment of the region. Councilman Johnson moved the adoption of the Resolution; and on roll call, there were five ayes and no nays and the Resolution was adopted. METROPOLITAN TRANSPORTATION BOARD APPOINTMENT. Councilman Shaw moved that Councilman Courtney be nominated by the Edina City Council for consideration for appointment to the Metropolitan Transportation Board. Schmidt seconded and motion carried. Councilwoman I SOUTH HENNEPIN HUMAN SERVICES COUNCIL BUDGET NOTED. Budget was subplitted in accordance with the Joint and Cooperative Agree- ment. Mayor Van Valkenburg expressed concern over the sizeable increase in the proposed Budget and duggested Councilwoman Schmidt carry the message back to the South Hennepin Human Services Council. A copy of the 1975 FAIRVIEW-SOUTHDALE HOSPITAL FINANCING REQUEST WITHDRAWN. The Council noted a let.ter, July 8, 1974, signed by Ronald Ophein, Vice-president of Finance and Donald Wegmiller, Administrator, withdrawing the request for a Municipal Revenue Bond Issue by the City.of Edina. ORDINANCE NO. 402-A2 GRANTED FIRST READING. As recommended by Mr. Erickson, Councilman Shaw offered Ordinance No. 402-A2 for First Reading as follows: ORDINANCE NO. 402-A2 AN ORDINANCE AMENDING ORDINANCE NO. 402 TO 'RESTRICT THE POWERS AND DUTIES OF THE BUILDING CONSTRUCTION CODES COMMISSION, TO PROVIDE A PROCEDURE FOR APPEALS TO AND HEARING BY THE BUILDING CONSTRUCTION CODES COMMISSION, AND TO PROVIDE FOR APPEALS TO THE CITY COUNCIL Section 1. Powers and Duties. Paragraph (a) of Sec. 7 of THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Ordinance No. 402 is amended by deleting the reference to "Chief of the Fire Department" and inserting "Bureau of Fire Prevention" in lieu there- of, and by adding to paragraph (a) the following provision: "provided, however, that the Commission shall not hear any appeals from, nor have any jurisdiction over, actions taken by any official of Edina under Section 203 of Chapter 2 of the Uniform Building Code adopted by Ordinance No. 404, or Ordinance No. 471 or Ordinance No. 611;" Section 3. Appeals. Ordinance No. 402 is hereby amended by "Section 9. Appeals. (a) To hhe Building Construction Codes Commission; Hearing by the Commission. Appeals to the Commission authorized by paragraph (a) of Sec. 7 hereof shall be made by filing a written appeal with the Building Inspector within thirty (30) days of the date of the order, requirement, permit, decision, refusal or determination being appealed. The appeal shall fully state the order, requirement, permit, decision, refusal or determination appealed from, the facts of the matter, the date thereof and the mailing address of the appellant. the Commission shall set a hearing date, give notice thereof, hold a hearing, provide for a record of its proceedings and make its order thereon, all in the same manner as provided for appeals to the Board of Appeals and Adjustments as set out in Paragraph 6 of Sec. 12 of Ordinance No. 811. of the Commission may be taken to the City Council, and shall be heard and decided by the City Council, in the same manner as appeals from decisions of the Board of Appeals and Adjustments as set out in paragraph 6 of Sec. 12 of Ordinance No. 811. Section 4. This ordinance shall be in full force and effect upon adding thereto a new Section 9 as follows: Upon the filing of such appeal, (b) To the City Council. Appeals from any order or decision I its passage and publication. ORDINANCE NO. 404 GRANTED FIRST READING. As recommended by Mr. Erickson, Councilman Courtney offered Ordinance No. 404 for First Reading as follows: 7 / 15/74 ORDINANCE NO. 404 AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL," DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, PROVIDING PENALTIES, AND REPEALING ORDINANCE NO. 403. Section 1. Minnesota State Building Code Adopted. There is THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: adopted and incorporated herein by reference, as an ordinance of the City, the Minnesota State Building Code as promulgated by the Department of Administration of the State of Minnesota and filed with the Secretary of State and the Commissioner of Administration of the State of Minnesota on January 6, 1972 and as amended by those certain amendments filed with the Secretary of State and the Commissioner of Administration of the State of Minnesota on January 14, 1974, which Code, as amended, is hereinafter re- ferred to as the MSBC. No provisions of the MSBC, or documents referred to therein, which are not required by state law to be adopted by the City are adopted unless they are specifically mentioned herein. porated herein by reference, as an Ordinance of the City, Appendix A and Appendix F of the MSBC. Sec. 2. Appendices of MSBC Adopted. There is adopted and incor- Sec. 3. Code on File. Three copies of the MSBC, with appendices, 1 marked "Official Copy", are on file in the office of the Clerk and shall remain on file for use and examination of the public. furnish copies, with appendices, of the MSBC at cost to any person upon request. Code Adopted. an ordinance of the City, Chapter 2 of the 1973 Edition of the Uniform Building Code, as published by the International Conference of Building Officials (hereinafter referred to as the l'UBC"), which has been incor- porated by reference into and made a part of the MSBC, with, however, the following changes: the following: The Clerk shall Sec. 4. Chapter 2 of the 1973 Edition of the Uniform Building There is adopted and incorporated herein by reference, as (a) Paragraph (b) of Section 202 is amended by adding thereto "The members of the Bureau of Fire Prevention of the City of Edina shall be deputies of the Building Official." (b) Section 203 is amended to read as follows: All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abaced by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Sections 3 through 10, inclusive, of Ordinance No. 471." (c) (d) "Section 203. Section 204 is deleted and excluded in its entirety. Section 205 is amended by adding to the last paragraph of Vosts of prosecution shall be added in either event." Sec. 5. Chapter 3 of UBC Adopted. There is adopted and incor- Section 205 the following: porated herein by reference, as an ordinance of the City, Chapter 3 of the UBC, with, however, the following changes: "(a) Paragraph (c) of Section 301 is amended to read as follows: (c) Plans and Specifications. With each application for a building permit, and when required by the Building Official for endorsement of any provisions of this Code, two sets of plans and specifications shall be submitted if the application be for a one or two family residential dwelling, and three sets of plans and specifications shall be submitted if the application be for any other kind of building or structure. The Building Official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. In addition, the Building Official may require that plans and specifications carry a 198 71 15/74 .i certification, by a mechanical engineer licensed by the state to practice as such, to the effect that construction carried out pursuant to such plans and specifications will not violate any of the provisions of the Minnesota Heating, Ventilating, Air Conditioning, and Refrigeration.Code or any other applicable ordinances of the City. When authorized by the Building Official, plans and specifications need not be submitted for the following: EXCEPTIONS: 1. One-story buildings of Type V conventional wood- stud construction with an area not exceeding 600 square feet. conventional wood-stud construction. 2. Group J, Division 1, Occupancies of Type V 3. Small and unimportant work.'" (b) Paragraph (d) of Section 301 is amended to read as follows: "(d) Information on Plans and Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be accompanied by specifications of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regu- lations. the building and street address of the work and the name and address of the owner and person who prepared them. lieu of detailed specifications, the Building Official may . approve references on the plans to a specific section or part of this Code or other ordinances or laws. The first sheet of each set of plans shall give In Plans shall include a survey of the lot upon which the proposed building or construction is to be done, prepared 8 and attested by a registered surveyor, and providing the . following information: (1) Scale of drawing. (2) Lot and block number. (3) (4) Dimensions of front, rear and side yards. (5) (6) (7) Dimensions of lot and north point. Locations of all existing buildings on the lot. Location of proposed building or construction. Location of stakes established by the surveyor along each side lot line at the front and rear building lines. The maintenance of these stakes once established by the surveyor shall be the responsibility of the building permit applicant. (8) The side yard and set back dimensions of the buildings located on adjacent lots. (9) The location of all easements as shown on record plats. (a) Each lot corner (both existing or proposed). (b) (c) (d) Such elevations may be based upon an assumed datum but must be tied by the surveyor to a specified bench mark for which the elevation has been obtained from the City Engineer's Office. The ,proposed disposal of drainage and surface waters, indicating direction of surface water drainage by arrows. Statement of number of stories of adjacent buildings, Such survey shall be on a sheet not larger than 11 inches by 15 inches. If necessary, the legal des- cription of the property may be placed on a second sheet of the same size attached or tied to the sur- vey. Computations, stress, diagrams, and other data sufficient to show the correctness of the plans, shall be submitted when required by the Building Official. I' (10) Grade elevations at the following points: Crown of proposed street at each lot line extended. Proposed lawn and driveway elevations at all sides of building. Elevations of top of foundation and garage floor or adjacent properties. (11) I (12) (c) Table No. 3-A of the UBC is hereby deleted and there is hereby adopted, in lieu thereof, Table No. 3-A of Volume I of the 1970 edition of the Uniform Building Code, as published by the International 7/ 15/74 Conference of Building Officials, said Table No. 3-A hereby adopted Total Valuation $1.00 to $1,000.00 $1,001.00 to $2,000.00 except, however, the first four lines of are hereby amended to read as follows: Fee $10.00 for the first $1,000.00 plus $1.00 for each additional $100.00 or fraction thereof, to and including - $10.00 $2,000.00 (d) Paragraph (b) of Section 303 is amended by inserting $5,000.00 (e) Section 303 is amended by adding thereto new subsections (e) in the second line thereof in lieu of $1,000.00. and (f) as follows: "(e) Demolition Fee; Bond. The fee for a permit to demolish a building shall be $10.00. In addition, a surety bond in the amount of $500 s,hall be required from each permit applicant, such bond to be conditioned that the holder will perform the work in accordance with this and all other ap- plicable ordinances and regulations, and within the time specified in the application or permit, and will indemnify and save the City and its officers harmless against any and all claims, judgments or other costs arising from the demolition and other work covered by the permit or for which the City, City Council or any City officer may be made liable by reason of any accident or injury to persons or property through fault or neglect of the permittee, and otherwise con- taining such terms and aonditions as are acceptable to the City." "(f) Refund of Fees. Upon return of a building permit to the City by the holder thereof, with proof satisfactory to the Building Official that no construction was undertaken pursuant thereto, he shall refund to the holder the building permit fee paid by him, except that 5% of the fee paid or $25,00, whichever is greater, shall be retained by the City. A refund on similar terms shall be made in such cases of any plan-checking fee paid under subsection (b) hereof, except that no refund shall be made if the City has caused the plans to be checked. 'I (f) Paragraph (a) of Section 305 is amended to read as follows: Special Inspections. (a) General. In addition to the inspections to be made as specified in Section 304, the owner or his agent shall employ a special inspector who shall be present at all times during construction on the following types of work: Concrete: based on an "f 'c" in excess of 2000 pounds. Masonry: Masonry work shall have special inspec- tion when required in Chapter 24. Welding: On all structural welding. Reinforced Gypsum Concrete: When cast-in-place reinforced gypsum concrete is being mixed or deposited. Special Cases: On special construction or work involving unusual hazards or requiring constant inspect ion. Mechanical Equipment and Accessories: All equipment and installations installed under a building 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 materials, etc. Final in- spection and operating tests shall be made before unconditional occupancy of the building is permitted. Final test reports must be submitted with final inspect ion. On concrete work when the design is EXCEPTION: The Building Official may waive the requirement for the employment of a special inspector if he finds that the construction or work is such that no unusual hazard exists. (g) Section 306 is renumbered Section 307 and a new Section 306 Section 306. (a) EnPioeer's Certification. Upon completion is added as follows: of any structure for which a building permit was required, the 7/15/74 i ... Build,ng Of icial 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 Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code and all other applicable City mechanical ordinances. (b) Builder's Certification. Upon completion of any one or two family homes, the builder thereof shall furnish to the Building Official a certification to the effect that the work done thereon was done in full compliance with all applicable provisions of the MSBC and City ordinances. (h) Paragraph (a) of the new Section 307 is amended to read as follows: (a) Use or Occupancy. No building or structure in Groups A to I, inclusive, shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein. (I) Paragraph (c) of the new Section 307 is amended to read as I follows: ~ (a) Certificate Issued. After final inspection when it is found that the building or structure complies with the provisions of this Code, and after the Building Official has received certi- fications, if required, from a mechanical engineer and the builder, and after he has received certifications from the Chief of the City's Fire Department, the City Public Health Sanitarian, the City Plumbing Inspector, the City Mechanical Inspector, and the City 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) The address of the building. (3) The name and address of the owner. (4) A description of that portion of the building for which the certificate was issued. (5) A statement that the described portion of the building complies with the requirements of this Code for group and division of occupancy and the use for which the proposed occupancy is classified. The name of the Building Official. (6) Sec, 6. Appendix of UBC Adopted in Part. There is adopted and incorporated herein by reference, as an ordinance of the City, Chapters 13, 38, 48, and 49 from the Appendix of the UBC, with, however, the following change : (a) Paragraph (c) of Section 1313 is amended to read as follows: "(c) Eighteen months after written notice to the record - owner from the Building Inspector', every building falling within its scope shall be vacated until made to conform to the requirements of this Section." Sec. 7. Code on File. Three copies of the UBC, with all appendices, marked "Official Copy," are on file in the office of the Clerk and shall remain on file for use and examination by the public. Clerk shall furnish copies of the UBC, with appendices, at cost to any person upon request. Sec. 8. Appendices of Minnesota Plumbing Code Adopted. There is adopted and incorporated herein by reference, as an Ordinance of the City, Appendices A, C, D and F of the Minnesota Plumbing Code as adopted by reference by and made a part of the MSBC. Sec. 9. Code on File. Three copies of the Minnesota Plumbing Code, and its appendices, marked "Official Copy" are on file in the Office of the Clerk and shall remain on file for use and examination by the public. The Clerk shall furnish copies of such Code and appendices at cost to any person upon request. person who deems himself aggrieved by any order, requirement, permit decision, refusal or determination made by the Building Official, any person referred to in paragraph (B) of Sec. 202 of Chapter 2 of the UBC, the City Plumbing Inspector, the City Mechanical Inspector, the Chief of the Fire Department or the Public Health Sanitarian in the application or administration of the ordinances of the City regulating construction, alteration, moving or demolition of buildings, the construction, installation, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or heating, ventilating, air conditioning or refrigeration equip- ment, or the installation, alteration or removal of electrical wiring or The Sec. 10. Appeals to Building Construction Appeals Board. Any ORDINANCE NO. 471-A1 GRANTED FIRST READING. As recommended by Mr. Erickson, Councilman Shaw offered Ordinance No. 471-A1 for First Reading as follows: AN ORDINANCE AMENDING ORDINANCE NO. 471 TO EXTEND ITS PROCEDURES TO UNSAFE BUILDINGS .AND BUILDINGS IN VIOLATION OF APPLICABLE STANDARDS AND CODES ADOPTED BY THE CITY OF EDINA, TO AUTHORIZE ORDERS TO BE ISSUED BY THE BUILDING OFFICIAL AND THE BUREAU OF FIRE PREVENTION REQUIRING COM- PLIANCE AND CORRECTION, TO AUTHORIZE THE BUIIiDING OFFICIAL AND THE BUREAU OF FIRE PREVENTION TO MAKE INSPECTIONS AND REPORTS AND RECOMMENDATIONS TO THE CITY COUNCIL, TO AUTHORIZE APPEALS TO THE CITY COUNCIL AND TO MODIFY THE STANDARDS FOR ORDINANCE NO. 471-A1 REPAIR, REMOVAL OR DEMOLITION. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: 7/15/74 I equipment, may appeal therefrom to the Building Construction Appeals Board created by Ordinance No. 402, except that all actions under Sec. 203 of Chapter 2 of the UBC shall be in accordance with Sections 3 through 11, inclusive, of Ordinance No. 471. Sec. 11. Surface Water, Denial of Permit. The Building Official shall deny a permit for construction or enlargement of a dwelling on ground which is too low for adequate draining of surface waters. Sec. 12. Tree Removal; Withholding of Building Permit. The Building Official shall withhold building permits for any land subject to the provisions of Ordinance No. 823 until the requirements imposed by that ordinance have been met. Sec. 13. Performance Bond for Landscaping Work. In every case where landscaping is required by any ordinance of the City, or by an approval granted by the City pursuant to any ordinance of the City, for a building or structure to be constructed on any property, the applicant for the building permit shall file with the City Planner a performance bond with a corporation approved by the City Council as surety thereon, in an amount to be determined by the City Planner, but for at least one and one-half times the amount estimated by the City Planner as the cost of completing the required landscap- ing and not to exceed twice said amount, such bond to be in force for at least two complete growing seasons subsequent to the completion of the required landscaping to insure proper planting and growth and otherwise to be in form and substance acceptable to the City Council. hereof, landscaping shall include screening when to be done by the use of shrubs, hedges, bushes, or other growing things. No building permit shall be issued until such bond, when required hereunder, is filed with the City Planner. Sec. 14. Additional Powers of Building Inspector. In addition to all other powers conferred upon him by this Ordinance, the UBC or the MSBC, as the Building Official, the Building Inspector shall also have the follow- ing powers: or the MSBC, serve upon the person, firm or company which performed the work or upon the owner or occupant of the premises where the work was done, a written notice describing the location and nature of the violation and the steps to be undertaken to remedy the violation, and ordering that such steps be taken within a reasonable period from the date of such service, which shall not be less than 5 days nor more than 90 days. Failure by the party so served to remedy the violation within the period specified shall be deemed a violation of the ordinance. Whenever the Building Inspector has reason to suspect that a building or structure which has not received any occupancy certificate is or may be used or occupied, he may post on such premises a notice stating that use or occupancy thereof is prohibited until such certificate shall be issued, and that the notice may not be removed except by the Building Inspector or someone authorized by him to do so. Any person who removes such a sign without having been authorized to do so by the Building Inspector shall be deemed to have violated this ordinance. of the UBC as amended by See. 4 of this ordinance shall apply to any viola- tion of this ordinance. For the purposes (a) He may, in case of any violation of this Ordinance, the UBC (b) Sec. 15. Penalty. The penalty provision of Sec. 205 of Chapter 2 Sec. 16. Repealer. Ordinance No. 403 is repealed in its entirety. Sec. 17. This ordinance shall be in full force and effect immedi- ately upon its passage and publication. 201 Section 1. (g) Sec. 2 of Ordinance No. 471 is hereby amended by adding thereto the following paragraphs: Uniform Building Code as adopted by Ordinance No. 404; Any building deemed unsafe under Sec. 203 of Chapter 2 of the 7/ 15 /74 (h) Any buildin Ordinance No. 611. i viola t ic of any standard or code adopted by Sec. 2. Sec. 3 of Ordinance No. 471 is hereby amended to read as follows : I'Sec. 3. ;. (a) Whenever it shall come to the attention of the Building Official or any member of the Bureau of Fire Prevention (hereinafter together referred to as the "Official") by written complaint of any person or agency, or other- wise, that a building or structure is a dangerous or substandard building, the Official shall, in the course of his duties, cause an examination to be made of the building or structure and premises. In the execution of the inspection, he shall avail himself of the services of such other agencies, employees, depart-' ments and officers of the City as he deems necessary. inspection, if it then appears that the building or structure is a dangerous or substandard building, the Official shall issue a written order to the owner or occupant thereof requiring repair, removal, demolition or compliance. Any person who deems himself aggrieved by any such order may appeal such order to the City Council by filing a written appeal with the City Clerk within thirty (30) days of such order. Such appeal shall fully state the order appealed from, the date thereof, and the facts of the matter. Upon such an appeal being filed, the Official also shall make a written report, supplemented by written reports from the other agencies, employees, departments and officials called upon by him in the execution of the inspection, and submit the reports, together with his recommendations, augmented by the recommendations of the other agencies, employees, departments and officials called upon by him in the execution of the inspection, and submit the reports, together with his recommendations, augmented by the recommendations of the other agencies, em- ployees, departments and officials involved in the inspection, to the Council. If no appeal be filed within said thirty (30) day period, the order shall be deemed final . Sec. 3. Official" are hereby deleted and llOfficialll is hereby inserted in lieu thereof. Sec. 4. Paragraph (a) of Sec, 8 of Ordinance No. 471 is hereby amended by adding thereto the following: YFor purposes of this ordinance the term 'repair' shall include any improvements necessary to make such building comply with the applicable ordi- nances of the City of Edina." Sec. 5. Paragraph (e) of Sec. 8 of Ordinance No. 471 is hereby amended to read as follows: "(e) fire hazard, existing or erected in violation of the terms of this ordinance or any other ordinance of the City of Edina, or statute of the State of Mlnnesota, and cannot reasonably and economically be repaired pursuant to paragraph (a) of this Sec. 8, it shall be ordered to be removed or demolished." Sec. 6. This Ordinance shall be in full force and effect immedi- ately upon its passage and publication. I Upon completion of the (b) All references in said Ordinance No. 471 to "Building In all cases where a dangerous or substandard building is a ORDINANCE NO. 611-A1 GRANTED FIRST READING. As recommended by Mr. Erickson, Councilman Shaw offered Ordinance No. 611-A1 for First Reading as follows: ORDINANCE NO. 611-A1 AN ORDINANCE WNDING ORDINANCE NO. 611 TO PROVIDE FOR ENFORCEMENT BY THE BUILDING OFFICIAL, TO PROVIDE FOR THE METHOD OF ENFORCmNT AND PROVIDING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: as follows: Section 1. Sec. 6 of Ordinance No. 611 is hereby amended to read "Sec. 6. Establishment of Bureau of Fire Prevention. (a) The Bureau of Fire Prevention is hereby established in the Fire Department of the City. It shall be operated under the supervision of the Chief of the Fire Department, who shall be the chairman of the bureau. The members of the Bureau of Fire Prevention shall be the Chief of the Fire Department, the Assistant Chief of the Fire Department, and all Inspectors of the Fire Department from time to time appointed by the Chief of the Fire Department. (b) the Fire Department as inspectors as shall from time to time be necessary. (c) annually and transmitted to the Manager. It shall contain all proceedings under this ordinance with such statistics as the Chief of the Fire Depart- ment may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to this ordinance which in his judgment shall be desirable." The Chief of the Fire Department may appoint such members of A report of the Bureau of Fire Prevention shall be made 7/15/74 203 Sec. 2. Sec. 7 of Ordinance No. 611 is hereby amended to read as follows : "Sec. 7. Enforcement; Appeals. The provisions of this ordinance shall be enforced by the Building Official and the Bureau of Fire Prevention. Enforcement shall be done, and appeals from any order made by the Building Official or Bureau of Fire Prevention, shall be made pursuant to Sections 3 through 10, inclusive, of Ordinance No. 471." Sec. 3. Sec. 8 of Ordinance No. 611 is hereby amended to read as follows : "Sec. 8. Interpretation; Repeals. The adoption of the codes and standards referred to in Section 1 hereof shall not repeal or supersede any ordinances of the City regulating the same subject matter, but the provisions' of said codes and standards and of the ordinances of the City shall all be applicable. In the event.that there is a conflict between the provisions of said codes and standards and ordinances of the City, the more restrictive pro- visions shall prevail, except when there is a conflict between said codes and standards and the Building Code Ordinance of the City (Ordinance No. 404 and amendments thereto), in which case the provisions of the Building Code Ordinance shall prevail. I' hereby amended to read as follows: Sec. 4. The last sentence of Section 11 of Ordinance No. 611 is "Each day's violation shall constitute a separate offense." Sec. 5. This Ordinance shall be in full force and effect immediately upon its passage and publication. ORDINANCE NO. 621-A4 GRANTED FIRST READING. As recommended by Mr. Erickson, Councilman Courtney offered Ordinance No. 621-A4 for First Reading as follows: ORDINANCE NO. 621-A4 AN ORDINANCE AMENDING ORDINANCE NO. 621 TO CHANGE THE REFERENCE PURSUANT TO WHICH FIRE ZONES ARE ESTABLISHED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Section 1 of Ordinance No. 621 is hereby amended to read as follows: "Section 1. Fire Zones Established. For the purposes of Edina Ordinance No. 404 (the Building Code) the City of Edina is hereby divided into Fire Zones No. 1, No. 2 and No. 3, in accordance with the provisions of Chapter 16 of the 1973 Edition of the Uniform Building Code as published by the International Conference of Building Officials, which has been incor- porated by reference into and made a part of the Minnesota State Building Code. ately upon its passage and publication. Sec. 2, This ordinance shall be in full force and effect immedi- SPECIAL ASSESSMENT HEARING DATES SET. As recommended by Mr. Dunn, Councilman, ' Shaw offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR STREET IMPROVEMENTS NOS. C-112, A-172, BA-168, BA-178 BA-190, BA-192, BA-193, BA-196 and BA-197 WATER MAIN NOS. 268, 278 and 286 SANITARY SEWER NOS. 297, 302A, 305 and 312 STORM SEWER NOS. 117-B and 135 BE IT RESOLVED by the Village Council of the Village of Edina, Rinnesota as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing forms hereinafter re- corded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assessments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. This Council shall meet at the rime and place specified in the Notice of Hearink forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official news- paper in.accordance with law is hereby approved; Notices being as follows: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF ASSESSMENT FOR STREET IMPROVEMENTS NOS. C-112, A-172, BA-168, BA-178 BA-190, BA-192, BA-193, BA-196 and BA-197 WATER MAIN N0.S. 278 and 286 SANITARY SEWER NOS. 302A, 305 and 312 STORM SEWER NOS. 117-B and 135 B 71 15/74 ZHE EDINA CITY COUNCIL will meet on Monday, August 19, 1974, at 7:OO P.M. to hear and pass upon all objections, if any, to the following proposed assess- ments. These assessments are now on file in the Edina City offices, 4801 West Fiftieth Street and open to public inspection. Assessments will be payable in ten equal installments over a period of ten (10) years. First payment of each assessment will be payable with the taxes for the year 1974, collectible in 1975, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1975. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of the property assessed for the following improvements may pay the whole of the assessment without interest to the City Treasurer on or before November 15, 1974, or make payment with accru'ed interest to the County Treasurer. I ' 1. CONSTRUCTION OF STREET IMPROVEMENT NO. A-172 2. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-168 - West 62nd Street from Concord Avenue to St. Johns Avenue 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, Twp. 28, Range 24 Arden Avenue from W. 50th Street to Sunnyside Road Bruce Avenue from W. 50th Street to Sunnyside Road Casco Avenue from Country Club Road to Sunnyside Road Drexel Avenue from Country Club Road to Sunnyside Road Edina Blvd. from Country Club Road to Sunnyside Road Moorland Avenue from Country Club Road to Sunnyside Road Browndale Avenue from Country Club Road to W. 44th Street Edgebrook Place * Country Club Road from Arden Avenue to the south line of Bridge Street from Arden Avenue to Minnehaha Creek Mackey Street from Sunnyside Road to north line of the N% Sec. 18, Twp. 28, Range 24 Country Club District, Brown Section 3. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-178 Hyde Park Drive from Dewey Hill Road to 450' 5 south Hyde Park Circle from Hyde Park Drive west to cul-de-sac Lincoln Drive from Londonderry Road to N line of Prestige 4. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-190 2nd Addition. 5. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-192 Field Way from Londonderry Road westerly 725' 2 Dovre Drive from Londonderry Road westerly to Biscayne Blvd. from Londonderry Road to Dovre Drive Tupa Drive from east line of Braemar Hills 5th .. Biscayne Blvd. 6. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-193 Addition'easterly to cul-de-sac 7. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-196 8. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-197 Lee Valley Circle from West 70th Street to West 70th Street Antrim Road from West 70th Street to Dublin Road Dublin Road from south line of Lot 4, Prospect Hills to Antrim Rd. Kerry Road from Dublin Road to cul-de-sac Wexford Road fromKerry Road to cul-de-sac Down Road from Wexford Road to Lee Valley Road Lee Valley Road from Down Road to Shannon Drive Shannon Drive from Lee Valley Road to Dewey Hill Road Tralee Drive from Lee Valley Road to cul-de-sac Lincoln Drive from Londonderry Road to N line of Prestige 9. CONSTRUCTION OF STREET IMPROVEMENT NO. C-112 2nd Addition 10. CONSTRUCTION OF WATER MAIN NO. 278 Roushar Frontage Road and proposed frontage road from Lincoln Drive to Vernon Avenue Vernon Avenue from County Road #62 to Walnut Drive Vernon Avenue from Tamarac Drive to the west line of Gleason Third Addition 11. CONSTRUCTION OF WATER MAIN NO. 286 12. CONSTRUCTION OF SANITARY SEWER NO. 302A Bridge Lane from Townes Road to 320' west Easement line from Vernon Avenue to service /I5508 and #5516 Vernon Avenue b c 7 /15/ 74 E., 0 w f' 13. CONSTRUCTION OF SANITARY SEWER NO. 312 to Shannon Drive to Dublin Road 14. CONSTRUCTION OF SANITARY SEWER NO. 305 Easement line from west line of Hondo 2nd Addition Lincoln Drive from 60' 5 south of center line of Londonderry Drive to south line of Nine Mile North Addition 15. CONSTRUCTION OF STORM SEIJER NO. 135 Easement line between Lots 12 and 9, Block 2, Bertelsen Addition and Tract G, R.L.S. 111129 from W. 76th Street north 250'; thence west 50' ; thence north 260' 16. CONSTRUCTION OF STORM SEWER NO. 117-B Lee Valley Road from Shannon Drive to Down Road Down Road from Lee Valley Road to Kerry Road Description of area proposed to be assessed: point on the South line of the NWk Sec. 8, Twp. 116, Range 21, said point being at the intersection of the Sly extension of the West line of Lot 9, Block 3, Kemrich Knolls Addition; thence, Wly along the South line of the NW3; of said Sec. 8, a distance of 869.90'; thence NWly to the SE corner of Lot 1, Block 2, Fjeldheim Addition; thence northwesterly to a point in said Lot 1, said point being 30' west of the east line and 40' north of the so,uth line of said Lot 1; thence westerly 40' north of and parallel to the north line of Dewey Hill Road to a point in Lot 19, Block 1, Holand 1st Addition, said point being 50' west of the east line; thence northerly to a point on the north line of Lot 16, Block 1, Holands 1st Addition, said point being 100' west of the east line of Holands 1st Addition; thence northwesterly to a point in most northerly line of Lot 15, Block 1, Holands 1st Addition, said point 70' northeasterly of the northwest corner of said Lot 15; thence northwesterly to the west line of Lot 14, Block 1, Holands 1st Ad- dition said point being 70' north of the southwest corner of said Lot 14, thence westerly to a point in the west line of Lot 13, . Block 1, Holands 1st Addition, said point being 50' north of the southwest corner of said Lot 13; thence northwesterly to.a point in the north line of Lot 12, Block 1, Holands 1st Addition, said point being 100' west of the northeast corner of said Lot 12; thence northerly to the northwest corner of Lot 4, Block 3, Prospect Hills 2nd; thence northeasterly to a point on the north line of Lot 5, Block 3, Prospect Hills 2nd Addition, said point being 20' northwesterly of the northeast corner of said Lot 5; thence northwesterly to a point on the west line of Lot 1, Block 3, Prospect Hills 2nd Addition, said point being 120' northerly of the southwest corner of said Lotl; thence northwesterly to a point on the east line of Lot 1, Block 2, Prospect Hills 2nd Addition, said point being 30' north of the southeast corner of said Lot 1; thence northwesterly to a point on the west line of said Lot 1, said point being 70' north of the southwest corner of said Lot 1; thence northwesterly to a point in the north line of Lot 2, Block 1, . Schey's Park View 2nd Addition, said point being 100' southwesterly from the northeast corner of said Lot 22; thence northwesterly to a point in the north line of Lot 1, Block 1, Schey's Park View 2nd Addition, said point being 14O'.west of the northeast corner of said Lot 1, thence northwesterly to a point in the north line of Lot 12, Prospect Hills Add'n, said point being 60' east of the northwest corner.of said Lot 12; thence northeasterly to a point in the west line of Lot 13, Prospect Hills Addition said point being 228.53' northerly of the southwest corner of said Lot 13; thence northwesterly to a point in the east line of Lot 10, Pros- pect Hills Addition, said point being 40' south of the northeast corner of said Lot 10; thence NWly to the NE corner of Lot 9, Prospect Hills Addition; thence Nly to the NE corner of Lot 8, Prospect Hills Addition; thence northeasterly to a point in the east line of Lot 7, Prospect Hills Addition; saLd point being 60' northerly of the northwest corner of Lot 6, Prospect Hills Add'n; thence northeasterly to a point in Lot A, RLS 1,971, said point being 100' east of the west line and 100' north of the south line of said Lot A; thence easterly 100' north of and parallel to the south line of said Lot A to the east line of saLd Lot A; thence southeasterly to a point in the west line of Lot 4, Prospect Hills Add'n, said point being 88.3' north of the southwest corner of said Lot 4; thence southeasterly to the southeast corner of said Lot 4; thence northeasterly to a point on the west line of Lot 2, Block 1, A1 Petersen Addition, said point being 50' Sly of the MJ corner of said Lot 2; thence SEly to a point in that part of the west 8 acres of theNEk of the NWk Section 8, Twp. 116, Range 21 lying south of Commencing at a 7/15/74 i. the north 255' thereof, except road, said point being 110' east of the west line and 35' south of the north line of said part of west 8 acres; thence Ely 35' south of and parallel to the north line of said above described west line of Hondo Addition to a point in the west line of Lot 1, Block 1 said point being 50' south of the NW corner of said Lot 1; thence northeasterly to a point in the north line of Lot 1, Block 1, Hondo Addition, said point being 60' east of the northwest corner of said Lot 1; thence easterly to the northwest corner of Lot 1, Block 2, Hondo Addition; thence southeasterly to a point in the south line of said Lot 1, said point being 50' east of the southwest corner of said Lot 1; thence Sly to a point on the north line of Lot 4, Block 2, Hondo Addition, said point being 50' east of the NW corner of said Lot 2; thence SEly to a point on the north line of Lot 8, Block 1, Hondo Addition, said point being 39.59' west of the NE corner of said Lot 8; thence Ely along the south line of Lanham Lane to the NW corner of Lot I, Block 3, M.P. Johnson's Prospect Hills Addition; thence SEly to a point in said Lot I, said point being 40' east of the west line and 50' south of the north line of said Lot 1, thence Sly 40' east of and parallel to the east line of Fleetwood Drive to a point in Lot 7, Block 3, M.P. Johnson's Prospect Hills Addition, said point being 35' south of the north line of said Lot 7; thence SEly to a point on the north line of Lot 1, Block 2, Kemrich Knolls Addition, said point being 94.90' west of the NE corner of said Lot 1; thence Sly to the NW corner of Lot 8, Block 3, Kemrich Knolls Addition; theice Sly along the west lines of Lots 8 6: 9, Block 3, Kemrich Knolls Addition and their Sly est. to point of beginning. BY ORDER OF THE VILLAGE COUNCIL. Florence B. Hallberg City Clerk (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF ASSESSMENT FOR SANITARY SEWER #297 WATERMAIN #268 Ta EDINA CITY COUNCIL will meet on Monday, August 19, 1974, at 7:OO P.M. to I hear and pass upon all objections, if any, to the following proposed assess- ments. Fiftieth Street and open to public inspection. three equal installments over a period of three (3) years. First payment of each assessment will be payable with the taxes for the year 1974, collectible in 1975, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1975. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of the property assessed for the following improvements may pay the whole of the assessment without interest to the City Treasurer on or before November 15, 1974, or make payment with accrued intecest to the County Treasurer. These assessments are now on file in the Edina City offices, 4801 West Assessments will be payable in 1. CONSTRUCTION OF SANITARY SEWER NO. 297 2. CONSTRUCTION OF WATER MAIN NO. 268 Gleason Road from Dewey Hill Road to 1500' south Gleason Road from Dewey Hill Road to 1500' south BY ORDER OF THE CITY COUNCIL. Florence B. Hallberg City Clerk LEAGUE OF WOMEN VOTERS OF EDINA STRAW VOTE. of a straw vote held by the League of Women Voters of Edina at the Flea Market at Braemar Park. Approximately 250 persons ranked seven topics of interest in order of their priorities to Edina and Edina residents. available to the Council. LANDSCAPING BID AWARDED. the landscaping was destroyed on the corner of 65th and France at the South- dale Medical Building. at $2,629.50 and Bachman's at $3,077.50. seconded by Councilman Courtney and carried awarding the contract to the low bidder, Larry's Landscaping. Ms. Pat Llona reported the results Ballots were made Mr. Dunn reported that due to Improvement SS-313, He presented two bids showing Larry's Landscaping Councilman Shawls motion was CLAIMS PAID. Motion of Councilman Courtney was seconded by Councilwoman Schmidt for payment of the following claims as per pre-list: General Fund, $160,402.06; Construction Fund, $188,404.58; Park Funds, $32,314.39; Water Fund, $14,122.23; Liquor Fund, $167,469.73; Sewer Fund, $1,749.04; Total, $564,642.03. 7/15/74 %8’db LIQUOR FUND REPORT AS OF MAY 31, 1974, as presented by Mr. Dalen, was reviewed and placed on file by motion of Councilman Shaw, seconded by Councilwoman Schmidt and motion carried. The agenda having been covered, Councilman Johnson’s motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 11:OO p.m. Deputy City Clerk