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MINUTES OF THE REGULAR MEETING OF THE
AUGUST 5, 1974
EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY
Hembers answering kollcall were Councilmen Johnson and Shaw , Councilwoman Schmidt
and Mayor Van Valkenburg.
STORM SEfJER IMPROVEMENT NO. ST- S . - 141 AUTHO&ZED . Mayor Van Valkenburg recalled
that Storm Sewer Improvement No. ST.S-141 had been continued from July 15, 1974,
so that the City Attorney could determine the responsibility for assessment of
the project which is proposdd to be located in the following:
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. Erickson said that he needed additional time to determine the accuracy of
his findings but recommended that, since this hearing does not concern the method
of assessment of the project, the improvement could be'authorized at this hearing
and the method of assessment determined at the Assessment Hearing. Dr. F. D.
Sidell said that he is the owner of commercial property in the affected area.
He objected to being assessed for the improvement inasmuch as he is still paying
for a previous storm sewer assessment. Dr. Sidell added that the street car
right-of-way is behind his property and that his land does not drain directly to
the ponding area. Following considerable'disoussion, Councilman Johnson offered
the following resolution and moved its adoption, with the understanding that the
method of assessment of Storm Sewer Improvement No. ST.S-141 be revie4ed before
the Assessment Hearing and'that Dr. Sidell's drainage be checked to see if he is
actually in the drainage district:
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
improvement :
.
RESOLUTION ORDERING STORM SEWER NO. ST.S-141
1. CONSTRUCTION OF STORM SEWER IMPROVEMENT IN.THE FOLL@,ING:
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 I 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 con-
struction of said improvement, with the understanding that the method of assess-
ment has not yet been determined and further with the understanding that the
drainage district be rechecked, including all proceedings which may be neces-
sa= in eminent domain for the acquisition of necessary easements and rights for
construction and maintenance of such improvement and that said improvement is
hereby designated and shall be referred to in all subsequent proceedings as
STORM SEVER IMPROVEMENT NO. ST.S-141; and the area to be specially assessed
therefor (subject to reviewal by the City Engineer) shall include Lot A, Reg-
istered Land Survey #517; Lots A, B and C, Registered Land Survey V549;
Lots 9, 10, 11, 12, Block 1, Berkeley Heights Addition; Lots 1 thru 9 incl.,
Blo.ck 1, Eal;rbairn's Rearrangement in Waveland and Waveland Park; Lots 1 thru
9 incl., Block 2, Fairbairn's Rearrangement in Waveland and Waveland Park;
Blocks 13 and 15 Parcel 510, Block 20, Parcels 5000, 5510 and 5520; Lots
9, 10, 11, b2 & 13, Block 26 Parcel 6500; Lots 9, 10, 11, 12 & 13, Block 26
Parcel 7000 and Lots 9, 10, 11, 12 & 13, Block 26, Parcel 7500 all in Waveland
Park; Lots 1 and 2, Auditor's Subdivision #172.
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four-ayes and no nays and the resolution was adopted.
. REPLAT OF EVANS'WOOD 2ND ADDITION GRANTED PRELIMINARY APPROVAL SUBJET TO CERTAIN
CONDITIONS. Mr.* Dunn recalled that Replat of Evanswood 2nd Addition had been .
continued from July 1, 1974, so that Mr; Dunn could meet with Nr. Clapp and the
surveyor in order to detknine whether or not the sanitary sewer and water main
could be properly installed to serve'the house proposed to be constructed on the
property without causing future problems to future purchasers of the house or to
the City of Edina.
said that water could be installed without too much difficulty, but that, after
talking to the parties concerned, he still had reservations as to whether or not
the sanitary sewer could be installed without freezing in extremely cold weather.
Mr. Erickson said he believed that the diversion of normal drainage of starm.'
water might be considered reasonable and without liability to the City.
that he did not believe that the proposal would present so great a change as to
be unreasonable. Mr. Erickson added that the issuance of a permit for con-
struction of sanitary sewer does not make the City insurers of the operation of
In response to a question of Councilman Johnson, Mr. Dunn
He said
8/5/74
/
the.system or of the quality of construction and that the City has a reasonable
requirement to meet in regard to the maintenance ofthe health, safety and
welfare standards of the community. Mr, Francis Hagen, engineer for Mr, Jack
Clapp, the developer, explained his proposal for installation of the utilities
and said that the sanitary sewer system would be insulated and that it would
take a fifty or one hundred year frequency storm to fill the low area to a
point of overflow to which it would run out through the culvert to Blake Road.
Mr. Dunn said that he Felieved that the 8" line which would be the responsi-
bility of the City could be kept open as long as Mr, Hagen had guaranteed that
it would be insulated. Ebllowing considerable discussion, Councilman Johnson
offered the following resolution and moved its adoption, with the understanding
that, prior to final plat approval, the City Attorney work out an agreement
with the developer's attorney which would provide:
1.
more inclusive or more expensive improvements ;
2.
,3.
tion of utilities serving the entire area;
4,
would be applied to any future improvement; and 5.
document ;al?soleqg !C.i~g,:o,f~.r~sp~~~s,i~~~~y f~r. sgbstandard sanitary sewer.
That a connection charge be paid which would be applied to any later,
That the existence of the necessary utility easement be verified;
That this is the last house to be built on the property until installa-
That the developer place $3,300 in escrow for a connection charge which
SubmiLssion of recordable
RESOLUTION APPROXLXAJ?RE%IMXNARY EUE. OF__33F;PMC_, OF EVANSWOOD 2ND ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "Evanswood 2nd Addition",
presented for preliminary plat approval by Jack Clapp at the Edina City Council
Meeting of August 5, 1974, be and is hereby granted preliminary plat approval,
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four ayes and no nays and the resolution was adopted. Mr.
Erickson said that in the future, the plat should be known under the name of
Evanswood 3rd Addition.
PORTION OF ZENITH AVENUE VACATION APPROVED.
by Clerk, approved as to form and ordered placed on file. Mr. Dunn explained
that the proposed vacation of Zenith Avenue from W. 54th Street to the IJesterly
extension of the North line of Lot 28, Block 3, Seel$'s First Addition to Haw-
thorne Park, had been instigated by the City upon the receipt of a.petition for
the vacation of the Westerly one-half of Zenith Avenue from W. 54th Street to
* 120 feet.South. Mr. Luce clarified that most of Outlot A, White Investment
Company's Hidden Valley, is in the Minnehaha Creek flood plain and that the
portion of the Northeast corner of the outlot that is high enough is too nar-
row for the construction of a house.
requested vacation of only one-half of the street because one of the petitioners
had not wanted to assume the tax burden for his side of the street, Mr. Luce
added that Mr. and Mrs. Laszlo G. Pulop were also requesting that Outlot A be
declared a buildable lot. Mr. George F. Speakes, 5408 York Ave. S., said that
he spoke also for Mr. James R. Linder, 5410 York Ave. S., and that, while they
do not object to the construction of the proposed house on Outlot A, they do
not want both sides of the street vacated.
along W. 54th Street are only 40 feet wide and that Mr. Fulop's lot is almost
50 feet wide. Mr, Fulop said that he does not want to build on the Northwest
corner of the lot and that'the street vacation is necessary if he is to build
on the remaining high portion of the property.
the City has taken a position that, if outlots are to be built upon, they must
be platted. He agreed with the concensus of Council that it would be appro-
priate to vacate the entire street and then consider a plat for the property
which would include $12 vacated street;
lowing resolution and moved its adoption:
Affidavits of Notice were presented
, He pointed out that the petition had
Mr. Speakes said that adjacent lots
Mr. Erickson recalled that
Councilman Shaw then offered the fol-
RESOLUTION VACATING A PORTION ' OF
ZENITH AVENUE
WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held
on August 5, 1974, at 7:OO p.m., on the proposed vacation hereinafter des-
cribed has been given and made and a hearing has been held thereon by the.City
Council :
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Henne-
pin County, Minnesota, that the .following described portion of ZenfEh-SAVgr-, all
as platted and of record in#-the office of the Register of Deeds in and for
Hennepin County, Minnesota, be and is hereby vacated effective as of this 19th
day of August, 1974: , . All .that part of Zenith Avenue between the South line of W. 54th Street
and a line parallel with and 120 feet South of the South line of W. 54th
Street.
Motion for adoption of the resolution was seconded by Councilman Johnson and
on rollcall there were four ayes and no nays and the resolution was adopted.
8/5/74
COUNTY ROAD 18JVALLEY VIEW ROAD INTERCHANGE LAYOUT G APPROVED AS AMENDED.
Van Valkenburg .recalled that a decision on the design of the County Road 18/
Mayor
Valley View Road Interchange had been continued from June 17, 1934, so that the
matter could be reviewed by the Fire and Police Departments, the Traffic Safety
Committee, the Task Force and the School District and so that the homeowners in
the area could reevaluate their feelings on the basis of information presented
at that meeting. Mr. Richard Lidstone, 6800 Sally Lane, presented a petition
signed by residents of the Indian Foothills area requesting that a new street
be constmkeed between the traffic interchange proposed by Hennepin County on
County Road 18 in the vicinity of Valley View Road and the hairpin turn at
Valley View Road and Braemar Boulevard, and eliminate the proposed cul-de-sacs
for the following reasons: I 1.
2.
3.
Access must be provided at all times for fire and police protection
and in the event of natural disasters;
Elimiinate all cul-de-sacs inasmuch as they prevent normal access to
churches, schools, Braemar Park an4Golf Course and to County Road 18;
The relocation and extension of Valley View Road to the proposed
traffic interchange on County Road 18 would greatly reduce the traffic
volume on presently located Valley View Road.
The petition requested that Council approve the proposed Hennepin County layout
which includes the connection of Valley View Road with McCauley Trail, and
include the street extension between Valley View Mad at the hairpin turn and
the County Road 18 Interchange.
and Mr. and Mrs. Lauren Pederson, 7029 Comanche Court, opposing the construction
of any cul-de-sacs.
Road Task Force, reviewed the study made by the Task Force and the reasons why
Counci1,had accepted the partial access plan, recalling the particular concern
-of the Task Force that new development West of County Road 18 would cause a
great increase in traffic on Valley View Road. Mr. Stanley Dobrin, President
of the Indian Foothills Homeowners Association, said that as the result of poll-
ing property owners in Indian Foothills as to which of the cul-de-sacs were
preferred, 58 preferred the cul-de-sac at the hairpin turn, 18 preferred the CUP-
de-sac on Valley View Road between McCauley Trail and Sally Lane, and 79 made no
response. Mr. Clarence Campion, 6845 Sally Lane, said that he had counted on
full access to both County Road 18 and Valley View Road when he purchased his
home.
of the Indian Eoothills Homeowners Association and objected to the additional
time it would take to reach Braemar Park from his neighborhood. Mr. Robert
Brockway, 6927 Valley View Road, asked where the Xndian Eoothills residents
were when this matter was considered earlier in the year by Council. Residents
were assured by Council that if the decision to cnnstruct the cul-de-sac should
be proven wrong, the full access could be put in at a later time.
considerable discussion, Councilman Johnson moved that the request for the full
access interchange be tabled.
unanimously carried.
construct a bicycle path thru the cul-de-sac.
the following resolution confirming the decision made by Council at its meeting
of February 4, 1974, for approval of Layout G, as amended, and moved its adoption:
Letters were also noted from Mrs. C. Burkstrand,
Mr. Darrell Boyd, Chairman 'of the County Road 18/Valley View
I Mr.*Bue Teien, 7120 Valley View Road, said that is is the Vice President
Following
Motion was seconded byXouncilwoman Schmidt and -
Councilman Johnson then offered
Council also concurred that it would be a good idea to
RESOLUTION
WHEW, Layout G dated February 25, 1974, as amended by the "McCauley Trail
Revision" ilated August 2, 1974, and further as amended by the."Edina Proposed
Bikeway" dated August 2, 1974, ,was prepared and submitted to the City of Edina;
and
IIHEREAS, the above Layout G as amended, otherwise identified as project 6914,
conceptualized the proposed alignment and geometrics for, among other things,
the improvement of County State Aid Highway No. 18 within the City of Edina;
Nm7, THEREFORE, BE IT RESOLVED by the Edina City Council on this, the fifth day
of August, 1974, that the alignment and geometrics shown on said Layout G as
amended by the "M6Cauley Trail Revision" and by the "Edina Proposed Bikeway"
is conceptually approved and the County is hereby authorized to commence acquisi-
tion of rights of way on the basis of said Layout: as amended; and
BE IT FURTHER RESOLVED that the above conceptual approval of the alignment and
geometrics of Layout G as amended does not constitute final plan approval nor
approval of lighting, guardrails, landscaping, or any other street furniture,
signage or traffic control or other hardware.
Motion for adoption of the resolution was seconded by Councilwoman Schmidt and
on rollcall there were four ayes and no nays and the resolution was adopted.
TUCY AVENUE .SIDEWALK FROM BENTON AVENUE TO HIILSIDE ROAD CONTINUED. Mr. Dunn-
explqined that this informal hearing for construction of a sidewalk on the East
side of Tracy Avenue from Benton Avenue to Hillside Road had been called as a
result of a,request from the Countryside P.T.A. and principal.
t.he request came originally to the Traffic Safety Committee as a request €or a He recalled that
8/5/74
pedestrian crossing at one of the intersecting streets and that the sidewalk
had appeared to be a safe way to get the children to school,
that it is proposed to pay for the improvement from Municipal State Aid Funds
and the walk added to the Winter Maintenance Program of the City, under which
program the sidewalks would be plowed by the City. Mr. Dunn said that almost
185 children would use the walk on the East side of Tracy Avenue, whereas.only
half of that number would use a sidewalk on the West side.
improvement were Mr. T. F. Kane, 6109 Tracy Ave., who said that children
would not use the route and-that he believed that money could be spent better
elsewhere. Mr. Robert Livingston, 6001 Tracy Avenue, said,that Tracy Avenue
should be improved as a place to live by reducing traffic and by improving
the park.
ukely no plans at the present time for sidewalks on Benton Avenue. Reference
was made to a letter from Mr. and Mrs. R. D. Brown, 6117 Tracy Avenue, favor-
ing the improvement, and.to a letter from Mr. and Mrs. M. Gregerson, 5909
Tracy Avenue, proposing that the sidewalk be placed on the West side of the
street. .
Tracy Avenue would have to cross Tracy two times in order to use the sidewalk,
while children living on the East side would need to cross only once regard-
less of which.side the sidewalk is placed. Following considerable discussion,
Councilman Johnson moved that the matter be tabled so that it could be considered
formally by the School Board and by the Countryside School P.T.A. for their com-
ments and input to determine 1) if sidewalks are wanted on Tracy Avenue; 2) on
which side they should be constructed and (3) whether they should be constructed
all of the way to Vernon Avenue.
and unanimously carried.
ing would be sent out.
Mr. Dunn said
Objecting to the
A Benton Avenue resident was told by Mr. Dunn that there are absol-
Mr. Gregerson emphasized that children living on the West side of
The motion was seconded by Councilman Shaw
Mr. Dunn told Mr. Kane that notices of the new hear-
BIDS AWARDED FOR fME!RO'ITEMENZ-S!ILS-fcCl. Mr. Hyde presented tabulation of four
bids received in response to Advertisement for Bids in the Edina Sun and in
the Construction Bulletin. He recalled that this matter had been continued
from July 15, 1974, pending authorization of Storm Sewer No. ST.5-141. Tabula-
tion showed Rauenhorst Corporation low bidder at $&9,3U2.25, Widmer Bros . , Inc.,
at $20,016.50, G. L. Contracting, Inc., at $21,647.90 and Shafer Contracting,
Inc., at $21,769.40, against Engineer's estimate of $26,270.50.
Shim-queshkoned the method of assessing the improvement and was assured by Mr.
Hyde that the Morningside records would be searched to see what action was
taken when the original storm sewer was installed.
moved that the bid be awarded to recommended low bidder, Rauenhorst Corporation.
Motion was seconded by Councilman Johnson and carried.
Councilman .
Councilwoman Schmidt then I
DEAN &GINS APPJ?,AL ON ORDINANCE VIOLATIONS CONTINUED. Mr. Hyde called Council's
attention to a letter from Mr. D. M. Akins protesting his notification that
his ten unit apartment building which he owns at 5416 W. 70th Street does not
comply with Ordinance 611, Section 5(c). Mr. Hyde called attention of Council
also to a response from Assistant: Fire Chief Robert Buresh explaining his
reasons for the action taken by him.
Johnson's motion continuing the matter to August 19, 1974, to see if an
understanding could be worked out was- seconded by Councilwoman Schmidt and
carried.
As requested by Mr. Akins, Councilman
DR. S. N. LEVITT OBJECTION TO VICTORSEN PROPERTY REZONING NOTED. Council's
attention was called to a letter from Dr. S. H, Levitt, 6413 Cherokee Trail,
objecting to the rezoning of Mr. Folke Victorsen's property on the Southwest
corner of Gleason Road and the Crosstown Highway from W-1 Single Family
Residence District to PRD-3 Planned Residential District.
said that he would respond to Mr. Victorsen's letter.
METROPOLITAN TRhSIT COMMISSION BUS ROUTE 1/36 REROUTED. Council was reminded
that on June 3, 1974, approval had been.granted, for,a.twelve month trial period,
the extension of Route 36 (formerly known as the St. Louis Park Crossgown Route)
from its termination on 44thaand Wooddale Avenue, South on Wooddale to Valley
View Road and then to Southdale. Attention was called to a.petition containing
the names of approximately 360 residents of the Country Club Area objecting to
routing the bus through the Country Club Area. A letter from Ms. Donna
Pumilia, a realtor and homeowner at 4500 Wooddale Avenue, objecting to the
proposed route was also noted. Mr. John Maney, 4505 WooddaXg, and Mr. Hoff
Heidberg, 4614 Wooddale Avenue, objected to the bus route, contending that a
24 footstreet is too narrow for a bus route, that the route would pose a danger
to pedestrians and cause additional noise and pollution and that the quality of
the -neighborhood would be destroyed. Mrs. Nancy Grimsby, 5932 Wooddale Avenue,
spoke in favor of the bus route, saying that it provided a needed service for
Edina residents. City Manager Hyde said that the route had been proposed in an
Mayor Van Valkenburg
8/5/74
.
effort to reduce traffic and save energy and that it had been made in response
to the needsfor additional transportation indicated by the League of Women
Voters questionnaire, the Metropolitan Council and the School Board.
that if the transit problem is to be solved, busses will have to run on City
streets. He added that it.is proposed to use mini-busses whenever possible.
Nr. Hyde said that he and the City staff had worked with Mr. Louis Olson, Assist-
ant General Manager of the Metropolitan Transit Commission, and that an alternate
route has nuw been proposed under which busses would run-from 44th and Wooddale
Vest to Brookside Avenue, along Brookside Av$nue from 17. 44th Street to 11. 50th
Street, East on I?. 50th Street to Wooddale Avenue and South on Wooddale Avenue to
Valley View Road. The route would then proceed to Southdale Shopping Center.
Olson said that the Transit Commission is prepared to make the adjustment indicated
by Mr. Hyde.
warned that if these busses should break-down or if the number of riders increase,
it would be necessary to use the larger busses. Mr. George Adomovich, Chairman of
the Wooddale Neighborhood Council, spoke of.the unique citizen participation of
the Country Club Area and said that the City would benefit from more interest of
this type.
approved, with the understanding that mini-busses be used when at all possible.
Motion was seconded by Councilman Shaw and carried unanimously.
He said
Mr.
He advised that four 'niini-busses a?e available for the raute, but
Councilman Johnson then moved that the alternate'bus route be
DELANEY BOULE~ARD STREET SURFACING PETITION was presented and referred to the
Engineering Department for processing by motion of Councilman Johnson, seconded
by Cibuncilwoman Schmidt and carried.
HEARING DATES SET FOR VARIOUS ZONXNG MATTERS.
ust 19, 1974, was set for hearing date for Preliminary, Plat Approval for Hyde
As recommended by Mr. Luce, Aug-
Park 2nd
ing date
1.
2.
Addition and for The llindings.. August 19, 1974, was-also set as- hear-
for the following zoning changes for both First and Second Readings:
Partnership Investments of Minnesota, Inc. - R-4 Residential District
to PRD-3 Planned Residential District for.the Northwest corner of
Gleason Road and the Crosstown Highway)
Ordinance amendment allowing roller skating arenas in the Planned Ind-
ustrial District,
I - LOT 1, BLOCK 1, GLEASON 5THADDITION ASSESSMENTS LEVIED. As recommended by Mr.
Dalen, Councilman Shaw offered the following resolution and moved its adoption:
BE IT RESOLVED by the Edina City Council that the following special assessments
for Lot 1, Block 1, Gleason 5th Addition be levied over a six year period at 5%
interest :
RESOLUTION
. Sanitary Sewer &proverent SS-277 - $1,108.78
Water Main 1mp.rovement WM-168 - 50.45
Water Main Lateral TJM-186 - 698.24
Total $1,857.47
Motion for adoption of the resolution was' seconded by Councilman Jobson and
on rollcall there were four ayes and no .nays and the resolution was adopted.
TRAFFIC SAFETY COMMITTEE MINUTES OF JULY 18, 1974, APPROVED. Mr. Dunn called
Council's attention to the fact that Hennepin County had requested reconsider-
ation by the Council for signals at W.. 56th Street and Xerxes,and W. 60th Street
and Xerxes, -with interconnect.,to the Crosstown Highway signals.
the cost of the project would be $85,000, with Edina's share to be $21,000.
Mayor Van Valkenburg said that he had written to Alderman' William Neiman of
Minneapolis' Thirteenth Ward, reiterating Edina's contention that warrants have
not been met for the signals and that STOP signs should be installed and asking
that the staffs of the-two municipalities work together to get some type of
traffic control at Xerxes and I?. 56th Street. Mr. Dunn said that he does not
believe that Minneapalis would ever settle for STOP signs.
curred with EIayor Van Valkenburg, approving in principle the comments of the
Traffic Safety Committee, but agreeing that if Eiinneapolis would not agree to
the installation of STOP signs, the City of Edina would participate in install-
ing the signals.
by Councilwoman Schmidt and carried.
N0WHEAST EDINA WATER STUDY CONTINUED TO AUGUST 19, 1974. llr. Dunn advised that
complaints had been received during the hot-weather about low water pressure in
the farmer Village of Morningside.
by Councilman Shaw and carried continuing consideration of a possible water study
until August 19, 1974, so that- Morningside records could be checked.
He recalled that
Council members con-
I Minutes were approved by motion of Councilman Johnson, seconded
Councilwoman Schmidt's motion was seconded
EDEN PRAIRIE STREET AND UTILITY AGREEMENTS CONTINUED TO AUGUST 19, lq74.
recommended by Nr. Dunn, Councilman Johnson's motion was seconded by Councilman
Shaw and carried, continuing Eden Prairie Street and Utilitx Agreements to
August 19, 1974.
As
8/5/74
i EDINA WATER DEPARTMENT COMMENIED BY MINNESOTA DEPARTMENT OF HEALTH.
advised Council of a letter from the Division of Environmental Health com-
mending the City for the "high-level of competence in water management and
a commendable concern for .public healthgJ and stating that "The Minnesota Depart-
ment of Health is appreciative of the cooperative efforts of the City of Edina
and Mr. Woehler in implementing the standards of the Department concerned with
municipal water supplies. , No action was taken.
Mr. Hyde
BICENTENNIAL COMMISSION.AEMBERSHIE DISCUSSED. Mr, Ray Bechtle, Chairman of the
Edina Bicentennial Commission, recalled that for the past four months the ad
hoc group had been meeting to form a Bicentennial Commission. He requested:
1.
2.
3.
That Council approve Edina becoming a Bicentennial Community;
That Council appoint a Bicentennial Commission which shall serve thru
December, 1976 i
That Council approve the present membership of the Commission and permit
the Chairman the prerogative of additional appointments of Edina residents
to a Commission maximum of twenty persons.
Councilman Johnson cecdlled that the Council had already authorized Edina's
participation as an American Revolution Bicentennial Community and that the
Commission had not been limited in length of service. He said that he did not
believe that the Council could delegate its authority to make appointments-but
that he was sure that any recommendations made by the existing Commission
would be welcomed.
Shaw and carried that the Commission maEe recommendations to knlarge, its .member-
ship, which recommendations will be considered by the Council.
CITY LOGO ANIJ SEAL IIESIBN tXNfINI3ED to August 19, 1974, as recommended by Mr.
Hyde, by motion of Councilwoman Schmidt, seconded by Councilman Shaw and carried.
Councilman Johnson's motion was then seconded by Councilman
SOUTHDALE BOWL LICENSES CONTINUED to August 19, 1974. Being advised by Mr.
Hyde that the Southdale Bowl matter had not been brought to trial as yet,
Councilman Johnson's motion was seconded by Councilman Shaw and carried, continu-
ing the. matter to August 19, -19X.4.
,
SThWART C. LOPER NOTICE OF CLAIM RECEIVED. Mr. Hyde called Council's attention
to Notice of Claim filed with the Citb by Mr. Stewart C. Loper in the amount
of $3,000, The claim involved the inadvertant moving by the City of a sail-
boat from prigate property, and has been submitted to the insurance company
and to the City Attorney.
PRIMARY ELECTION JUDGES APPOINTED FOR SEPTEMBER 10, 1974, ELECTION. As recom-
mended by the City Clerk, Councilman Johnson offered the following resolution
and.moved its adoption:
BE IT RESOLVED that the Edina City Conncil approve the appointment of Election
Judges hereinafter named:
Muriel Clauson, Jane Fleet, Hilda Handelman, Helen Donovan and Lois Haliquist,
Sotebeer, Diane Lehman, Jean McDermid and Grace Gustafson, Alternate;
Precinct 3 - Mmes, Jane Hawthorne, Chairman, Marjorie Rossiter, Patricia-John-
son, Jane Hanse, Sherry Estensen and Katherine Ritchie, Alternate;
Mmes. Shirley Dibbl;, 'Alice Rose, Jeanette Lushine, Rachel Schoeni'ng , Laura
Benson and Kathrjn Stamp, Alternate;
Chairman, Sue rHolden, Phyllis Cooper, 5innea Erickson, Helen Groth and
Marilyn Houston, Alternate;
Jane Bains, Catherine Swanson, Lael Fruen, Barbara Casselmap and Helen Lesman,
Alternate;
'Eeterson, Adina Wrobleski, LaVonne Swenson and Naomi Ward, Alternate;
Precinct 8 - Mmes. Audrey Berglund, Chairman, Margaret Kinney, Maxine Sanders,
Betty Tripp, Constance Ryan and Florence Freudenthalj Alternate; Precinct 9 -
Mmes. Yvonne Ford, Chairman, Virginia Dash, Florence Bahneman, Josie Korthof,
Jean Erdall and Dorothy Nonnweiler, Alternate; Precinct 10 - Mmes. Lorraine'
Hasselquist, Chairman, Mary Bartz, Virginia Bodine, Gay Bostock, Molly Baran-
aukas and Ann Overholt, Alternate;
Gloria Thorburn, Anna Taggatz, Eleanor Thornton, Mary Bartlett and Patricia
Mason, Alternate;
Diane Greensweig, Mary McDonald, Betty Kremer and Doris Van Campen, Alternate;
Precinct 13 - Mmes. Patricia Harmon, Chairman, Mavis delambert, Margaret
Delaney, Marilyn Person, Edna Thomsen and Marie Crask, Alternate; Precinct la -
Mmes. Mary Jane Platt, Chairman, Jeanette Lund, Louise Carlson, Esther Olson, '
Ruth Volk and Patricia Spraguer, Alternate; Precinct 15 - Mmes. Charlotte
Burns, Chairman, Lucille Borchers, Patricia Olander, Rosemary Sweeney, Kay
Brown and Nancy Phillips, Alternate;
RESOLUTION APPROVING ELECTION JZfDGES
Precinct 1 - Mmes. Dorothy Richardson, Chairman,
Precinct 2 - Mmes. Bettie Stone, Chairman, Joyce Akason, Judith >Alternate;
Precinct 4 -
Precinct 5 - Mmes. Henrietta Bartlett,
Precinct No. 6,- Mmes. Nancy Springer, Chairman,
Precinct 7 - Mmes. Bess Brudelie, 'Chairman, Marion Bailey, Helen
Precinct 11 - Mmes. Geneva Smith, Chairman,
Precinct 12, - Mmes. Adele Olson, Chairman, Phyllis Taylor,
Precinct 16 - Mmes. Geraldine Sermeta,
8/5/74
Chairman, Betty Doolittle, Marion Starwich, Lillian Niemeier, Bertha Figen, Ann -
Vance and-Jean Heelan, Alternate; and
BE iT EUBTHER RESOLVED that the City Clerk be authorized to make such additions
and changes as she may deem necessary.
Motion for adoption of the resolution was seconded by Councilwoman Schmidt and
on rollcall there were four ayes and no nays and the resolution was adopted.
1974-75 LABOR AGREEMENT WITH LOCAL NO. 49 APPROVED. Mr. Hyde advised Council
that an agreement had been worked out with the Operating Engineers, Local No.. 49,
representing the public works>and park employees. Upon reviewing the terms of
the agreement, Councilman Johnson's motion was seconded by Councilman Shaw and
carried, approving the agreement under the terms described by the Manager for the
years 1974 and 1975.
ORNAMENTAL STREET-LIG-HTING PROJECT P-L-9 HEARIhY; DATE SET.
Hr. Dunn, Councilman Shaw offered the following resolution and moved its adoption:.
.
As recommended by
RESOLUTION SETTIhZ HEARLNG DATE FOR .
ORNAMENTAL STREET LIGHTING PROJECT P-L-9 .
1.- The City Engineer, having submitted tO the Council a preliminary report as
to the feasibility of the proposed Ornamental Street Lighting Project described
in the form of Notice of Hearing set fofth below, and as to the estimated wst
of such improvement, said xeport is hereby approved and directed to be placed on
file in the office of the City Clerk.
2. This Council shall meet on Monday, August 19, 1974, at 7:OO p.m. in the
Edina City Hall, to consider in public hearing the views of all persons inter-
ested in said i'mprovement.
3. The Clerk is hereby author.ized 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 riobice to all
affected properties in Substantially the following form:
(Official Publication)
CITY OF EDINA - HENNEPIN COUNTY, MINNESOTA NCY~ICE OF PUBLIC HEARING
ORNAMENTAL STREET LIGHTING
* PROJECT P-L-9
EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, August 19, 1974,
at' 7:OO p.m., to consider the following proposed improvement to be constructed -_ under the authority granted by Minnesota Statutes, Chapter 429.
cost of said improvement is estimated by the City as set forth below:
--\
The approximate
_. ESTIEZATED COST
Ornamental Street Lighting Project P-L-9 in the following:
West 70th Street from Highway 100 to France Avenue $25,073.77
The area proposed to be assessed for the cost of the proposed Ornamental Street
Lighting Improvement No. P-L-9 includes the following:
Lots 3 thru 6, Block 1; Parcel 5400, Section 30, Tract 28, Range 24; Drehers
lst,-Lot 1, Block 2; Drehers 1st Addition Replat, Lots 1 and 2, Block 1;
due of Lot 4, Block 5; Creston Hills Bach Replat, Lots 3 and 4, Block.1; Creston
Kills, Lots 4 thru 6, Block 4, Southdale 3rd, Lots 8 thru 14, Block 5; Southdale
lst, Lots 30 thru 35, Block 4, and Lot 2, Block 8; R.L.S. 1365, B and C;
Replat of Lot 2, Southdale Office Park 1st Addition, Lot 3, Block 1; Parcel 3235,
Stow's Edgemoor: Addit-ion, Lot 1, Bloclc 1; Stow's Edgemoor, Lot 2, Block 2, Lot 1
and 10, Block 3, and Lots 1 and 9, Block 4; Stow's Delaney Addition McCoy
Replat, Lot 4, Block 1; Stow's Delaney Addition Delaney Replat, Lots 1 thru 4,
*Block 1; Parcel 4010, Section 31, Tract 28, Rarige 24; Parcel 3628, Section 31,
Tract 28, Range 24; Coulliard Addition, Lots ;t and 2, Block 1; South Garden
Estates 2nd, Lots 1 thru 3, Block 1 and Lot 1, Block 2; Delaney Addition, Lots
1 and 2, Block 1; South:Garden Estates, Lots 1 thrtl 3, Block 1, Lots 1 thru 4,
Block 2; Parcel 4210, Section 31, Tract 28, Range 24; Balthrops Addition, Lots
1 thru 4,"Block 1; and Gavin's First Addition, Lots 5 and 6, Block 1.
Notion for adoption of the resolution was seconded by Councilman Johnson and on
rollcall there were four ayes and no nays and the resolution was adopted.
Smiley's Addition,
'Woodhill, Lots 15 thk 21, Block 6, Lots 4.and.5, Block 5; Creston Hills, resi-
-
'Section 30, Tract 28, Range 24; R.L.S. 677; Rearrangement of Lot 1, Block 2,
CALHOUN REALTY COMPANY APPEAL FROM BOARD OF APPEALS ANTI ADJUSTMENTS DECISION
REARING DATE SET.
appealed the Order of the Edina Board of Appeals and Adjustments made on June
20, 1974, denying the seven foot Setback Variance for a freestanding sign in the
0-1 Office Building District, Councilman Shaw's motion setting hearing date for
Bcgust 19, 1974, was seconded by Councilwoman Schmidt and carried.
Upon being notified that the Calhoun Relaty Company has
8/5/74
/
NORTHERN STATES POWER FhCHLSE CONTINUED.
Manager of Northern States Power which stated that the Joint Agfeements and the
Franchise Agreemenis which wen? forwarded €0 the City as part .of the proposed
Metro Rate Authority of 1973 had never become effective because the requisite
percentage of municipalities did not execute the Joint Agreement.
Attorney Erickson recalled that wpn Ordinance No, 1115 was adopted on May mer 7, 1973,
the former ordinance has expired. He said that he is now reviewing a new
form of ordinarice proposed by Northern States Power. Mr. Dalen said that at
its last meeting, the Suburban Rate Authority has recommended that*no action
be taken at this time by the City.
Johnson's motion was seconded by Councilman Shaw and carried, continuing the
matter until some recommendation,is made by the Suburban Rate Authority.
GRANDVIEW 'PARKING LOT IMPROVEMENT NO.' P-2 CONTRACT REPORT GIVEN.
recalled that at the meeting of auly 15, 1974, the contract for Parking Lot
Improvement No; PL2 had been awarded, subject to certain conditions having been
met. He reported that the conditions were met and that the work is proceeding.
Mr. Eyde read a letter from the
City
it provided that .-the/or%nance shall continue until approved and
*AS recommended by Mr, Dalen, Councilman
Mr. Dunn
I
b Q 00 m M w
ORDINANCE NO. 402-A2 ADOPTED ON SECOND READING. Councilman Johnson offered the
following Ordinance and moved its adoption:
ORDINANCE NO, 402-A2
AN ORDINANCE AMENDING ORDINANCE NO. 402
TO RESTRICT THE POTJERS AND DUTIES OF THE
BUILDING CONSTRUCTION COES COMMISSION, TO
PROVIDE A PROCEDURE FOR APPEALS TO AND
COMMISSION, AND TO PROVIDE FOR APPEALS TO .
HEARING BY THE^ BUILDING CONSTRUCTION CODES
THE CITY COUNCIL
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
402 is amended by deleting the' reference to "Chief of the Fire Department"
and inserting "Bureau of Fire Preventions' in.lieu thereof, and by adding to
paragraph (a) the following provision: .
Section 1. Powers and Duties. Paragraph (a) of Sec. 7 of Ordinance No.
"poovided, 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
Section 3. Appeals. Ordinance No. 402 is hereby amended by adding
Ordinance No. 6 11 ; " 0
thereto a new Section 9 as follows:
"Section ,9. Appeals.
(a)
Commission. Appeals to the Commission authorized by appeal with the
Building Inspector within thirty (30) days of the date of the order,
requirement, permit, decision, refusal or determination being
appealed.
permit, decision, refusal or determination appealed from the
facts of the matter, the date thereof and the mailing address of the
appellant. Upon the filing of such appeal, 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.
Section 4,
passage and publication.,
Motion for adoption of the ordinance was s
on rollcall there were four ayes and no na
ATTEST :
To the Building Construction Codes Commission: Hearing by the
The appeal shall fully state the order, requirement,
This ordinance shall be in full force and effect upon its
following ordinance and moved its adoption:
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
TIIE ISSUANCE OF PERMITS ,AND COLLECTION OF -FEES THEREFOR, PROVI DING P ENALTIES. AND REPEALING ORDINANCE NO; 403.
".
8/5/74
THE CITY COUNCIL OF THE CITY OF EDINA, MINEOTA, ORDAINS:
Minnesota State Building Code Adopted.- There is 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 referred to as the WBC.
documents referred to therein, which are not*required by state law to be adopted
by the City are adopted unless they are specifically mentioned therein.
Sec. 2. Appendices of NSBC Adopted. There is adopted and incorporated
herein by reference;_as an Brdfnance of the*City, Appendix A and Appendix F of
the MSBC.
"Official Copy", are on file in the office of the Clerlc and shall remain on file
for use and examination of the public.
appendices, of the MSBC at cost to any person upon request.
Sec. 4.
There is adopted and incorporated herein by reference, as an ordinance ofsthe
City, Chapter 2 of the 1973 EdVkion of the Uniform Building Code, as published
by the International Conference of Building Officials (hereinafter referred to
as the "UBC"), which has been incorporated by reference into and made a part
of the ElSBC, with, however, the following-changes:
(a) following:
Section 1.
-
No provisions of the BISBC, or
Sec. 3. Code on File. Three copies of the MSBC, with appendices, marked
The Clerk shall furnish copies, with
Chapter 2 of the 1973 Edition of the Uniform Building Code Adopted.
Paragraph (b) of Section 202 is amended by adding thereto the
"The members of .the Bureau of Fire Prevention of the City of'Edina shall
by deputies of the Building Official."
(b) Section 203 is amended to read as follows:
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 ashazard to safety or health, or public welfare, by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard, dis-
aster damage, or abanddnment, as specified in this Code or any other
effective ordiGance, are, for the purpose of this Section, unsafe buildings,
All such unsafe buildings are'hereby declared to be public nuisances and
shall be abated by repair, rehabilitation, demolition, or removal in
accordance with the.procedure specified in Sections 3 thru 10, inclusive,
of Ordinance No. 47 1. I'
(c) SGction 204 is deleted and excluded in its entirety.
(d) Section 205 is amended by adding to the last*paragraph-of Section 205
"Section 203. All buildings or structures which are structurally unsafe
the following :
"Costs of prosecution shall be added in either event."
herein by reference, as an ordinance of the City, Chapter 3 of the UBC, with,
however, the following changes :
Sec. 5. Chapter 3 of UBC Adopted. There is adopted.and incorporated
"(a) Paragraph (c) of Section 301-is amended to read as follows:
building permit, and when required by the Building Official for endorse-
tions shall be submitted if the application be forva 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 BuildingSOfficial may
require that plans and specifications carry a certification, by a
mechanical-engineer licensed by the state to practice as such, to the
effect that construction carried out pursuant to such plans and speci-
fications will iiot violate any of the provisions of the Minnesota Heat-
ing, Ventilating, Air Conditioning, and Refrigeration Code or any other
applicable ordinances of the City.
specifications need not be submitted for the following:
'(c) Plans and Specifications. With each application for a
. ment of any provisions of this Code, two sets of plans and specifica-
EXCEPTIONS:. When authorized by the Building Official, plans and
1.
2. Group J, DivisPon 1, Occupancies& Type V conventional wood-
3. Small and unimportant work. 'I
"(d) Information on PlansIand Specifications. Plans shall be
One-story buiAdings of Type V conventional wood-stud cons-
truction with an area not exceeding 600 square feet.
stud.construction.
(b) Paragraph (d) of Section 301 is amended to read as follows:
drawn to scale upon substantial paper or cloth and shall be accompanied
by specifications of sufficient clarity to indicate the nature and
8/5/74
p.
ccl w w
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 regula-
tions.
street address of the work and,the name and address of the owner and person
who prepared them. In lieu of detailed specifications, the Building Official
may approve references on the plans to a specific section or part of this'
Code or other ordinances or laws.
ings or construction is to be done,,prepared and attested by a registered
surveyor, and providing the following information:
The first: sheet of each set of plans shall give the building and
Plans shall include a survey of the lot upon which the proposed build-
(1) Scale of drawing.
(2) Lot and block number.
(3) .Dimensions of 'lot and north point. (41 Dimensions of front,, rear and side yards.
(5) Locations of 'all existing buildings on the lot.
(6) Location of proposed buildings or construction.
(7) Location "of stakes established by the surveyor along each
side lot line at the front and rear building lines.
maintenance of these stakes once established by the surveyor
shall be the responsibility of the building permit applicant.
located on adjacent lots.
The -
$8) The side yard and set back dimensions of the buildings
(9) The-location of all easements as shown on record plats.
(10) Grade elevations at the following points:
(a). Each lot corner (both existing or proposed).
(b) Cmwn of proposed street at each lot; line extended.
(c) Proposed lawn and driveway elevations at all sides of building.
(d) Elevations of top of foundation and garage floor or adjacent
properties.
Such elevations'may be based upon an assumed datum Eut must be tied
by the surveyor to a specified bench mark for which the elevation
has been obtained from the City Engineer's Office,
(11) The proposed disposal of drainage and surface waters, indicating
direction of surface water drainage by arrows.
(12) Statement of number of stories of adjacent buildings.
shall be on a sheet not larger than 11 inches by 15 inches.
necessary, the legal description OS the property may be placed on
,
Such survey.
If
a second sheet of the same size attached or tied to the survey.
Computations, stress, diagrams, and other data sufficient to show the
correctness of the plans, shall be submitted when required by the
Building Official . ''
Table No. 3-A of.the UBC is hereby delated and there is hereby adopted,
in lieu thereof, Table No. 3-A of Volume I of fhe 1970 edition of the Uniform
Building Code, as published by the International Conference of Building Officials,
except, however, t,he first forrr lines of said Table No. 3-A hereby adopted are
amended hereby to read as follows:
(c)
Total Valuation
$1.00 to $1.000.00 $10.00
Fee -
$1,001.00'to $2,000.00 $10.00 for &he first $1,000.00 plus
$1.00 for each additional $100.00
or fraction thereof, to and including
Paragraph (b) of Section 303 is amended by inserting $5,000.00 in the
$2,000.00
(d) second line thereof in lieu of $1,000,00.
(e) Section 303 is amended by adding thereto new subsections (e) and (f)
as follows: -~
"(e) Demolition Fee: Bond. The fee for a permit to demolish a build-
ing shall be $10.00.
shall 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
applicable 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 containing such terms and coaditions as are
acceptable to the City. I'
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 per,it fee paid by him, except that 5% of the fee paid
or $25.00, whichever is greater, shall be retained by the City.
on similar terms shall be made in such cases of any plan-checking fee paid
In addition,,a surety bond in the amount of $500
"(f) Refund of Fees. Upon return of a building permit to the City by
A refund
I under subsection (b) hereof, except that no refund shall be made if the City .
has
(f)
to be made as specified in Section 304, the owner orehis agent shall employ
a special inspector who shall be present at all times during construction
on the following types of work:
caused the plans to be checked."
Paragraph (a) of Section 305 is amended to read as follows: '
Special Inspections. (a) General. In addition to the inspections
(1) Concrete:
(2) Masonry: Masonry work shall have special inspection when required 1- .
(3) Welding: On all structural welding.
(4) Reinforced Gypsum Concrete: When cast-in-place reinforced gypsum
(5) Special Cases: On special construction or work involving unusual .
(6) Mechanical Equipment and Accessories: All equipment and installa-
On concrete work when the design is based on an "f'c''
in excess of 2000 pounds.
in Chapter .24, I concrete-is being mixed or d6poskted.
hazards or requiring constant inspection.
* tions 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 inspection and operating tests shall be made before
unconditional occupancy of the building is permitted.
reports must be-submitted with final inspection.
EXCEPTION: The Building Official may waive the requirement for
the employment of a special inspector if he finds that the construc-
tion or work is such that no unusual hazard exists.
Sektion 306 is renumbered Section 307 and a new Section 306 is added
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 Minnesota Heating, Ventil-
ating, Air Conditioning and Refrigeration Code and all other applicable
City mechanical ordinances.
family homes, the builder thereof shall furnish to the Building Official
a certification to the effect that the work was done thereon in full
compliance with all applicable provisions of the.MSBC and City ordinances.
(h)
Use or Occupancy.
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 newssection 307 is amended to read as follows:
that the building or structure*complies with the provisions of this eode,
and after the Building Official has received certifications, if required,
from a mechanical engineereand the builder, and after he has received
certifications from the Chief of the City's Fire Department, the City Public
Health Sanitaryian, the City Plumbing Inspector, the City Mechanical In-
spector, and the City Planner that the building or structure complies with
all laws, ordi_nances 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:
Final test
(g) as follows:
.I (b) Builder's Certification. Upon completion of any one or two
Paragraph (a) of the new Section 307 is amended to read as follows:
(a) No building or structure in Groups Ato I,
(a) Certificate is sued.^ After final inspection when it is found
(1) The Building permit number.
(2)
(3)
(4)
(5)
The address of the building.
The name and address of the avner.
A description of that portion of the building for which the
certificate was issued.
A statement that the described portions 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
class if ied .
(6) The name of the Building Official. -
Section 6. Appendix of UBC Adopted in Part; There is adopted and incorp-
orated 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 amendedtto read as follows:
8/5/74 289
I
€- a a, 633 w Eil
"fc) Eighteen months,after written notice to sthe record owner from the 1
Building Inspector,,every building falling within its scope shall be
vacated until made to conform to the requiremenes 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. The 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 refer-
ence by and made a part of the MSBC.
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.
Sec. 10. Appeals to Building Construction Appeals Board. Any person
who deems himself aggrieved by any order, requirement, permit decision, refusal
or determination made by the Building Official, any person referred to in para-
graph (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 equipment, Qr the installation,
alteration or removal of electrical wiring or equipment, may appeal therefrom
to the 'Building Construction Appeals Board created by Ordinance No. 402,
except that all act5ons under Sec. 203 of Chapter 2 of the UBC shall be in
accordance with Sections 3 through 11, inclusive, of Ordinance No. 471.
deny a permit for construction or enlargementL-of a dwelling on ground which is
too low for adequate draining of surface waters.
Sec. 12.. Tree Removal;.WithhoIding,,of Building Permit. The Building
Official shall withhold building permits for any land subject to the pro-
visions 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 landscaphg 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 growFh and otherwise to be in form and substance
acceptable to the City Council.
include screening when to be done by the use of shrubs, hedges, bushes, or
other growing things.
required hereunder, is filed with the City Planner.
powers conferred upon him by this Ordinance, the UBC or the MSBC, as the Build-
ing Official, the Building Inspector shall also have the following powers:
MSBC, sefve upon the person,. firm or company which performed the work or upon
the owner or occupant of the premises whefe the work was done, a written notice
describing the location and nature of the violation and the steps to be under-
taken to remedy the violation, and ordering that such steps be taken within a
reasonable period from the date of such sqwice, which shall not be less than
15 days nor more than 90 days,
violation within the period specified shall be deemed a violation of the ordin-
ance. I
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 thatt 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.
to do so by the Building Inspeckor shall be deemed to have violated this
ordinance.
Sec. 9. Code on File.
Sec. 11. Surface Water; Denha1 of Permit. The Bu&lding.Official shall
I,
For the purposes heresf, landscaping shall
No building permit shall be issued until such bond, when
Seci.14. Additional Powers of Building Inspector. In addition to $1 other
(a) He may, in case of any violation of this Ordinance, the UBC or the
Failure by the party 60 served to remedy the
(b) Whenever the. Building Inspector has reason to suspect that a building
Any person who removes such.a sign without having been authorized
Sec. 15. Penalty. The penalty provision of Sec. 205 of Chapter 2 of the
8/5/74
UBC as amended by Sec, 4 of this ordinance shall apply to any violation of this
ordinance.
Sec. 16. Repealer. Ordinance 403 is repealed in its entirety.
Sec. 17. This ordinance shall be in full force and effect irrpnediately upon
Schmidt and
, on rollcall there were four ayes and no
ORDINANCE NO. 471-A1 ADOPTED ON SEC6ND READIRG.
Ordinance No. 471-A1 for Second Reading and moved its adoption as follows:
Councilman Johnson offered
' ORDINANCE NO. 471-A1
AN ORDINANCE AMENDING ORDINANCE NO. 471
TO EXTEND ITS PROCEDURES T0,UNSAFE BUILDIh%S
AND BUILDINGS IN VIOLATION OF APPLICBLE
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 COMPLIANCE AND
CORRECTION, TO AUTHORIZE THE BUILDING OFFICIAL
AND THE BWAU OF FIRE PREVENTION TO MAKE
INSPECTIONS AND REPORTS AND RECOMMENDATIONS
TO THE CITY COUNCIL, TO AUTHORIZE APPEALS TO
THE CITY COUNCIL &ID TO MODIFY THE STANDARDS
FOR REPAIR, REMOVAL OR DEMOLITION.
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
following paragraphs :
Any building deemed*unsafe under Sec. 203 of Chapter 2 of the Uniform
Building Code as adopted by Ordinance No. 404;
Any building-in violation of any standard or code adopted by Ordinance
No. 611.
Section 1.
(g)
(h)
Sec. 2. Sec. 3 of Ordinance No. 471 is hereby amended to read as follows:
"Sec. 3. Inspections and Orders; Appeals.
(a)
Sec. 2 of Ordinance 471 is hereby amended by adding thereto the
I 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 s'Official'') by written complaint of any person or agency, or otherwise,
that a building or structure is a dangerous or substandard building, the Offi-
cial 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.
order to the City Council by filing a written appeal with the City Clerk within
thirty (30) days of such-order.
appe+ed from, the date thereof, and the facts of the matter.
appeal being filed, the Official also shall make a written report, supplemented
by written reports from the other agencies, employees, departments and offi~als
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 execu-
tion of the inspection, and submit the reports, together with his recommendations,
augemented by the recommendations of the other agencies, employees, departments
and officials involved in the inspection, to the Council.
within said thirty (90) day period, the order shall be deemed final."
hereby deleted and crOfficial"is hereby inserted in lieu thereof.
adding thereto the following :
ments necessary to make such building comply with the applicable ordinances.of
Paragraph (e) of Sec. 8 of Ordinance No. 471 is hereby amended to
Upon completion of the
(b) Any person who deems himself aggrieved by any such order may appeal such .
Such appeal shall fully state the order
Upon such an
I If no appeal be filed
Sec. 3. All references in said Ordinance No. 471 to "Building Official" are
Sec. 4.
"For purposes of this ordinance the term 'repair' shall include any improve-
Paragraph (a) of Sec. 8 of Ordinance No. 471 5s hereby amended by
the City of Edina." t
Sec. 5.
"(e)
read as follows: 1
ard,.existing or erected in violation of the terms of this ordinance or any
In all cases where a dangerous or substandard building is a fire haz-
8/5/74 22.1
€- 0 Go m M w
other ordinance of the City of Edina,. or statute of the State .of Minnesota, 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 immediately upon
its passage and publication.
Motion for adoption of the ordinance
on rollcall there were four ayes and no nay
ATTEST :
J!LLdA- d .&A
City Clerk
ORDINANCE NO. 611-A1 ADOPTED ON SECOND READING. Councilman Johnson offered
Ordinance No. 611-A1 for Second Reading and moved its adoption as follows:
ORDINANCE NO. 611-A1
AN OR~IFJANCE AMENDING ORDINANCE
I
NO. 611 TO PROVIDE FOR ENFORCEMENT
PROVIDE FOR THE: METHOD OF
BY THE BUILDING OFFICIAL, TO .
ENFORCEMENT AND PROVIDING A PENALTY
THE CITY COUNCIL OF THE CfTY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Sec. 6 of Ordinance No. 611 is hereby amended to read as
follows :
”Sec. 6. Establishment of Bureau of Fire Prevention.
(a) The Bureau of Fire Prevention is hereby established in the Fire Depart-
ment of the City.
the Fire Department, who shall be €he ChiefAof the Fire Department, the Assist-
ant Chief of the Fire Department, and all Inspectors of the Fire Department
from time to time appointed by the Chie,f of the Fire Department.
Fire Department as inspectors as shall from time to time be necessary.
and transmitted to the Manager.
ordinance with such statistics as the Chief of the Fire Department may wish to
include therein;
amendments to this ordinance which in his judgment shall be desirable.”
It shall be operated under the supervision of the Chief of
(b)
(c)
The Chief of the Fire Department may appoint such members of the
A report of the Bureau of Fire Prevention shall be made annually
It shall contain all proceedings under this
the Chief of the Fire Department shall also recommend any
Sec. 2. Sec. 7 of Ordinawe No. 611 is hereby amended to read as.follows:
"Set. 7. The provisions of this ordinance shall be
enforced by the.Building Official and the Bureau of Fire Prevention.
ment 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. 47 1. It
Enforcement: Appeals,.
Enforce-
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 theyordinances of.the City shall all be applicable.
event that there is a conflict between the provisions of said codes and standards
and ordinances of the City, the more restrictive provisions shall prevail,
except when there is a conflict b,etween said codes and standards and the Build-
ing Code Ordinance of the City (Ordinance No. 404 and amendments thereto), in
which case the provisions of the Building Code Ordinance shall prevail.”
amended to* read as follows:
In the
Sec. 4.
3’Each day’s violation shall constigute a separate offense.;’
Sec. 5. This Ordinance shall be in full force and effect immediately
The last sentence of Section 11 of Ordinance No. 611 is hereby
upon its passage and publication.
Motion for adoption of the ordinance was seconded b
rollcall there were four ayes and no nays and
ATTEST :
midt and on
9 ,*Bd
City Clerk
ORDINANCE NO. 621-A4 GRANTED SECOND READING. Councilman Johnson offered Ord-
inance No. 621-A4 Eor Second Reading as follows and moved its adoption:
AN ORDINANCE AMENDING ORDINANCE NO. 621 TO CHANGE
ORDINANCE. NO, 62 1-A4
THE REFERENCE PURSUANT TO WHICH FIRE ZONES ARE ESTABLISHED
THE CITY COUNCIL OFt THE CITY OF EDINA, MINNESOTA, ORDAINS:.
Section 1 of Ordinance No. 621 is hereby amended to read as
foll-ows :
Section 1.
b3ection 1.
No. 404 (the Building Code) the City of Edina is hereby divided into Fire
Zones No. 1, No. 2 and NO..^, in accordance with the provisions of Chapter
16 of the 1973 Edition of the Uniform Building Code as published by the Inter-
national Conference of Building Officials , which has been incorporated by’
reference into and made a part of the liinnesota State Building Code.” . Sec. 2. This ordinance shall be in full force and effect immediately
upon its passage and publication.
Motion for adoption of the ordinance
rollcall there were four ayes and no nays a
ATTEST :
Fire Zones Established. For the purposes of Edina Ordinance
I
J#A#Q- A. fL/
City Clerk
COUNCIL TO PARTICIPATE IN STADIUM FE
man Johnson recalled that he and Councilman Courtney are-the Council represent-
atives on a committee with Sbhool Board members to consider the financing of a
new football stadium and that, by Chapter 655, 1961 Minnesota Session Laws, the
City would be authorized to sell bonds for a stadium under certain conditions.
He said that there is no point in the School Board and City conducting a feas-
ibility study on the need for a stadium unless the Council.wou+d be willing, in
principle, to finance the facility and lease it to the School Board on a non-
exclusive, long terq basis.
wanted to know if the City would participate .with the School Board in determin-
ing the need for the facility. Mr. Hyde said that he believed that the expend-
iture of $750,000 is out of line and suggested that there are other ways of fin-
ancing if the community feels the need for the stadium.
same basis as the arena and golf course. Mr. Dalen said that he did not believe
that the City should pay for anything other than land and a reasonable amount-of
maintenance and that the facility itself should be paid for by the School Dis- -.
trict. Councilwoman Schmidt said that she would not support the project without
knowing the feelings of the community.
Committee had been appointed by the School Board and the Council members had
been-added to the Committee.
School District would guarantee to pay fgr the facility out,of capital funds on a
regular basis. Councilman Shaw asked that the record show that he would be
favorable. in pri-nciple, provided it could be guaranteed that this facility,
located in the Eden Prairie School District, will not become an obligation of
residents of the City who live in the Hopkins School District.
Johnson moved that Council approve, in principle, participation with the
School Board in construction of a stadium, with a substantial cash payment by
the School Board and a long term non-exclusive lease to,the School Board.
ion was seconded by Councilman Shaw and carried, with Councilwoman Schmidt -
abstaining.
icipate in a feasibility study with the School Board. Motion was.seconded by
Councilman Shaw and Ehe motion carried, with Councilwoman Schmidt abstaining.
+
Councilman Johnson said that the Committee also
He added that he does
‘not see how a football stadium can be justified out of school revenues on the
Mr. Rosland clarified that the original
I He added that it was his understanding that the
Councilman
Mot-
Councilman Johnson then moved that the Council and/or staff part-
CHIEF BENNETT APPOINTED AUTHORIZED REIMBURSEMENT AGENT FOR POLICE TRAINING,- As
recommended by Mr. Hyde, CouncilJqoman Schmidt offered the following resolution
and moved its adoption:
RESOLUTION
BE IT RESOLVED khat the Edina City Council hereby appoints Wayne if. Bennett,
Director of Public Safety for the City of Edina, as the duly constituted agent’
for the City of Edina for the puqose of making application for reimbursment
funds to defray the cost of salaries, expenses and substihe expensLs during the
basic training of Peace Officers of the City of Edina who have attended a certi-
f ied training course approved by the Minnesota Peace Officer Training Board .-
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four ayes and no nays and the resolution was adopted.
CLERK APPOINTED CITY REPRESENTATIVE FOR STATE OF MINNESOTA DATA PRIVACY UNIT,
As recommended by Mr, Hyde, Councilwoman Schmidt offered the following resolu-
tion and moved its adoption:
BE IT .&SOLVED that :the.City CLei;k‘Shal$ be appointed as the reshonsible auth-
ority designated by the Edina City Counci,l. to handle Chapter 479, hnnesota
Statutes, 1974, relating to the- collection, security and dissemination of
records and information by the State of Minnesota and its political subdivi-
sions,
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four ayes and no nays and the resolution was adopted.
RESOLUTION
8/5/24
LEAGUE OF MINNESOTA 14TJNICIPALITIES LEGISLATIVE PROPOSALS DISCUSSED.
man Johnson called Council's attention to the fact that the legislative pro-
posals' o$ the League of Minnesota Nunicipalities did not include anything on
the subject of reimbursement of municipalities for relocation of utilities riec-
essitated by construction of state highways.
as to the intentions of the League. .
Council-
Mr. Hyde will talk to Mr. Cohen
LIQUOR FUND AS OF JUNE 30, 1974, was submitted by Mr. Dalen, reviewed and
ordered placed on file.
CHOWEN PARK SUN SHELTER AIPTHORIZED.
Shawls motion was seconded by Councilman Johnson and carried authorizing
construction of a sun shelter for Chowen Park and awarding contract to low bidder,
Jamison Recreation Equipment for $2,157 .OO.
high bidder at $a7 1.00.
1973 AUDIT ACCEPTED FOR STUDY. Mr. Hyde
Councilman Johnson's motion was seconded by Councilman Shaw and carried,
accepting the Audit for study and review of recommendations.
As recommended by Mr. Hyde, Councilman
Paul Buckley and Associates was-
presented the 1973 Audit, whereupon
VALLEY VIE${ ROAD FENCE PURCHASE'AUTHORIZED.
View Road ~7as resurfaced two or three years ago, residents were promised that
landscaping or a fence would be installed. As requested by residents, bids
were taken on a fence which bids showed Sears Roebuck Company low bidder at
$1,575.07 against Crown Iron Company's bid of $3,265.00.
motion awarding bid to Sears Roebuck Company for $1,575.07 was seconded by
Councilwoman Schmidt and carried.
Mr. Dunn recalled that when Valley
-
Councilman Johnson's
PUBLIC WORKS BUILDING RETAINING WALL AIPTHORIZED.
Councilwoman Schmidt's motion was seconded by Councilman Shaw and carried,
authorizing constEuction of a retaining wall to be installed in connection with
installation of tanks for storage of gasoline beh'ind the Public T4orks Building,
and awarding bid to recommended low bidder, Earl Weikle & Sons, at $2,490.00.
CIAIMS PAID.
carried for payment of the following claims as per pre-list:
$64,098.76; Construction Fund, $3,402.99; Park Funds, $65,288.57; Water Fund,
$57,206.01; Liquor Fund, $35,281.12; Sewer Fund, $44,616.44; Improvements,
$7,315.04, PIR and Poor, $200.00; Total, $277,408.93.
As recommended by Mr. Hyde,
..
Motion of Councilman Johnson was seconded by Councilman Shaw and
General Fund,
No further business appearing, Councilman Johnson's motion for adjournment was
seconded by Councilwoman Schmidt and carried, Adjournment at 10:55 p.m.
A-
City Clerk