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HomeMy WebLinkAbout19800204_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD m CITY HALL FEBRUARY 4, 1980 283 i Answering rollcall wzre members Bredesen, Richards , Schmidt and Mayor Van Valken- burg. Present also were Mmes. Helen McClelland of the Community Development and Planning Commission and Leslie Turner of the Human Relations Commission. MINUTES. of January 21, 1980, were approved as submitted by motion of Councilwoman Schmidt , seconded by Councilman Bredesen. Ayes : Bredesen, Richards , Schmidt, Van Valkenburg Nays: None Motion carried. ORDINAXCE NO. 811-A133 (CONDOR CORPORATION) ADOPTED. Mr. Hughes presented the petition of Condor Corporation for PRD-3 zoning, recalling that First Reading for this property, generally located East of Lincoln Drive, North of the Crosstown Highway and Edina West Apartments had been granted on December 17, 1979, and that the plat would probably be presented for Council's approval on February 25, 1980. He advised that, while the proponents had complied with some modifications of the overall development plans and the plat, other elements required by ordinance have not been included in the overall plan. He advised that the Community Devel- opment and Planning Commission had recommended approval of the zoning and overall plan approval, subject to final plat approval. Conditions set forth for plat approval were as follows: 1) The most Easterly lot should be designated as an outlot rather than as Lot 4; -2) Receipt of an executed Developer's Agreement and Subdivision Dedication; 3) A conservation restriction covering the undevelopable portion of the floodplain on the property and 4) A grading permit from the Nine file Creek Watershed District. He noted that Engineers for the District find the plans and proposed floodplain encroachment to be acceptable from a preliminary standpoint. No objections being heard, Councilman Richards offered .the following ordinance for Second Reading and moved its adoption, with publication to be with- held pending final plat approval : ORDINANCE NO. 811-A133 AN ORDINANCE ANENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) ilk CITY CGGXCIL OF EDIWA, PEMXESOTA, ORDAIKS: enlarged by adding the following thereto: enlarged by adding the following thereto: Section 1. "The extent of the Planned Residential District (Sub-Dis trict PRD-3) is That part of the Southwest Quarter of Section 31, Township 117, Range 21, described as beginning at a point on the West line of said Section 1589.04 feet North of the Southwest comer of said Southwest Quarter; thence East to a point 1529.21 feet North of the South line of said Section as measured along a line drawn parallel to the East line of said Southwest Quarter of Section 31 from a point on the North line of said Southwest Quarter 990 feet West of the Northeast corner of said Southwest Quarter, the said South line of said section being a straight line between the Southwest corner and the South Quarter corner of said Section 31; thence South along said parallel line 536.43 feet, more or less, to a point in said parallel line distant 1086.14 feet North of the South line of said Southwest Quarter, said South line being a straight line between the closing corner for the Northwest corner of Section 6, Township 116, Range 21, and the South Quarter corner of said Section 31; thence West to a point on the West line of said Southwest Quarter distant 1059.36 feet North of the Southwest corner of said South- west Quarter; thence North along said West line 529.68 feet to the point of beginning; except that part of the above described tract lying Westerly of a line parallel with and 40 feet Easterly of the following described line: Commencing at the closing corner for the Northwest corner of Section 6, ' Township 116, Range 21; .thence South 87 degrees, 24 minutes and 02 seconds East (assuming the West iine of the Northwest Quarter of said Section 6 as bearing North 4 degrees, 19 xinutes and 05 seconds West) a distance of 693.43 feet; thence North 4G degrees, 21 minutes and 27 seconds West a distance of, 854.85 feet to the acfiual point of beginning of the line to be described; thence North 21 degrees, 55 minutes and 42 seconds West a distance of 617.2 feet; thence along a tangential curve to the right with a radius of 1819.86 feet and a central angle of 16 degrees, 16 minutes and 40 seconds, a distance of 517.02 feet; thence Northerly, tangent to the above described curve, a distance of 200 feet and there terminating, according to the Government Survey thereof , which is in PRD-3". Paragraph 4 of Section 5 of Ordinance No. 811 of the City is ' Sec. 2. 'ihis ordinance shall be in full force and effect upon its passage and publicat ion. 2 1'4/ 80 *. 284 Motion for aLoptioo of the ordinance was seconded by Councilman Bredesen. Rollcall : Ayes : Bredesen, Richards, Schmidt, Van Valkenb Nays: None Ordinance adopted. . ATTEST : LOTS 1, 2 AND 3, BLOCK 3, BROOKSIDE HEIGHTS LOT DIVISION APPROVED. Nr. Hughes presented the petition for the divisioii of Lots 1, 2 and 3, Block 3, Brookside Heights into two equal sized lots as recommended by the Community Development and Planning Commission. No objections being heard., Councilman Bredesen offered the following resolution and moved its adoption: RESOLUTION WHERZAS, the following tracts of land constitute various separate parcels: WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following new and separate parcels (herein called "Parcels") : Lot 3 and the West 21 feet of Lot 2, Block 3, "Brookside Heights"; and Lots 1, 2 and 3, Block 3, Brookside Heights; and Lots 1 and 2, except the -'SJest 21 feet of Lot 2, Block 3, "Brookside Heights"; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and oxnership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as sep- arate tracts of Land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further sub- I d5vision b~ ms& of ssc! Parcels mlcss nzde 2n com2liznce :7ith the pertinerzt ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordi'nances. Mction for adoption of the resolution vas seconded by Councilwoman Schmidt. . Rollcall : Ayes : Bredesen, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. LOT 3., BLOCK 7, BRAEMAR HILLS 9TJ3 ADDITIO? DIVISION APPROVED. Mr. Hughes pre- sented the petition for division of Lot 2, Block 7, Braemar Hills 9th Addition, along the party wall as recommended by the Community Developmat and Planning Commission, with the condition that the rear line be adjusted Eascerly because of the construction of a swimming pool. No objections being heard, Councilman Eredesen offered the following resolution and moved its adoption: WHEREAS, the following described property isat present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as fOl101*7S : That part of Lot. 3, Block 7, Braemar Hills 9th Addition, Hennepin County, Minnesota, lying Easterly of the Eollowing described line: Commencing at a point on the Southwesterly line of said Lot 3 distant 81.69 feet from the most Southwesternly corner thereof. Said Southwesterly line is an assumed bearing of S 34O 36' 42" East. Tiience bearing North 3Z0 10' 42" East a distance of 57.87 f&t; thence bearing North 72' 33' 09" East a distznce of 24.93 feet; thence bearing Worth 32' 10' 42" East a distance of 36.04 feet thence bearing North 57O 49' 18" West a distance of 7.33 feet; thence becrring North 320 10' Lr2" East a distance of 53.30 feet to the Northerly line of said Lot 3 and there terminating; and That part of Lot 3, Block 7, Braemar Hills 9th Addition, Hennepin County, Minnesota, except that part of said Lot lying Easterly 01 the following described line: Commencing at a point on the Southwesterly line of Said Southwesterly iine is an assunled bearing of S 340 36' 42" East. Thence bearing North 32O 10' 42'' East a d-istance of 57.87 feet; thence bearing Nctrth 720 33' North 320 10' 42" E,st a distance ofy36.04 feet thence bearing North mSOLUTION Lot 3, Block 7, Braemar Hills 9th Addition; and . - 4 said Lot 3 distant 81.69 feet from the most Southwesterly corner thereof. 09" East a distance of 24.93 feet;. thence bearing 2/ 4/ 80 .. 57' 49' 18" Nest a distance of 7.33 feet; thence bearing North 32' 10' &B5 , p\ r- r- e 9si: fa East a distance of 53.30 feet to the Northerly line of said Lot 3 and there terminating; and 1JHEREAS , the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos, 811 and 801; NOW, THEI1EFORE,, IT IS HERERY RESOLVED by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 811 and 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811 and subject to the limitations ... . set out in Ordinance KO. 811 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. %tion for adoption of the resolution was seconded by Councilwoman Schmidt. ' Rollcall : Ayes: Bredesen, Richards, Schmidt, Van Valkenburg Nays: None. Resolution adopted. LOT 12, BLOCK 1, HOLANDS 1ST ADDITION DIVISION CONTINUED TO MARCH 3, 1980. Affi- davits oE Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition for division of Lot 12, Block 1, Holands 1st Addition, recalling the long and controversial history of the site as follows: 1948 - Prospect Hills 2nd Addition was platted. 1965 - Holand's 1st Addition was platted, with the Easterly 17 feet of Lot 12, . Block 1 being subject to a drainage and utility easement. November, 1966 - The Planning Commission recommended approval of division of Lot G, Block 3, Prospect Hills 2nd Addition, noting that access to the newly . created lot (hereafter referred to as part of Lot 6) would be provided by a pri- vate drive across Lot 12, Elock 1, Holand's Addition (hereafter referred to as November 7, 1966 - The City Council approved the division of Lot 6, noting that access would be across Lot 12. Lot 12). November 21, 1966 - Petition for a variance was submitted to allow a lot width at the street frontage of 17 feet (i.e. the East 17 feet of Lot 12). Ordinances required 75 feet at that time. December 15, 1966 - Tine Board of Appeals and Adjustments approved the requested variance on tlhe'.condition that all property involved (part of Lot 6 and the East 17 feet of Lot 12) be replatted. December 29, 1966 - Council referred the variance requests back to the Board of Appeals and Adjustinents because surrounding property owners objected to the variance. January 19 and March 16, 1967 - The Board of Appeals and Adjustments reconsidered the request. Surrounding property owners advised that deed restrictions precluded the construction of a dwelling on part of Lot 6. or rescinded the variance. 1966-1974 - Mr. Robert,B. Klein, the proponent, acquired part of Lot 6 and the East 17 feet of Lot 12. 1973 - The proponent applied for lot division to divide the Easterly 17 feet of Lot 12. The Planning Commission considered the request and was advised that deed restrictions prevent construction on Lot 6 until at least 1978. Surrounding property owners testified that access to part of Lot 6 could better be accomp- lished in other locations. the "Village is under no obliga2ion to approve the division at this time and access could be made available from other locations". Mr. Hughes explained that the proponent is once again seeking approval for the construction of one single family dwelling on part of LGt 6, with the driveway access proposed to be across the Easterly 17 feet o€ Lot 12. He said that the staff has advised Mr. Klein that he must obtain a lot division to divide the East 17 feet of Lot 12 from the balance of th.e lot and combine thPs 17 foot parcel with part of Lot 6 and also obtain a variance €or tile 17 foot lot width. He cl,arj.fied that , under City ordinances, the Community Development and Planning Com- *mission and the Council may consider this variance rather than the Board of Appeals, in that the variance pertains to the subdivision of the property. Hughes added thar, even though the proponent owns the property in question and The Board neither reaffirmed The Commission denfed the lot division, noting that I Mr- .. 2/41 80 a he has advised Mr. Klein that this ownersLp does not negate the City's authority more of a legal issue than a planning issue and that the staff has been opposed in the past and will continue to be opposed to neck lot divisions similar to this request, but made the following observations: approvals of the Council and assumed that variances and permits'would be forth- coming; 2) The staff believes that the proponent had good reason to believe that his property was buildable and that access across Lot 12 was acceptable to the City;. 3) The Easterly 17 feet of Lot 12 is subject to a drainage and utility easement but that no public utilities have been installed in this easement and none are contemplated and thus the use of the easement area for driveway pur- poses would not diminish the function of the easement area. Mr. Hughes said that, while he would recommend that the lot division and the variance be granted, his recommendation does not infer that an open approval should be granted for driveway construction since, as with all grading and construction activities, isolated drainage and erosion problems can occur. approvals should be conditioned upon submission and approval by the Engineering Department of a grading and.drainage plan for the building site and driveway area. Nr. Donald Campbell, attorney representing Mr. and tirs. Klein, urged approval of the lot division, advising that the Kleins, whose present home is at 7300 Clare- don Drive, adjacent to the subject property, purchased Lot 6 in 1974 and Lot 11 and the portion of Lot 12 in 1967, in anticipation of developing the property in conformance with action taken by the City in the past. proposed to be constructed would be in the $300,000 range and would be a benefit to both the neighborhood and the City. stantial investment in the property since buying the property and that if the '.. division is not approved a valuable piece of property would be useless to him. In response to questions of Councilman Richards, Mr. Campbell said that the pre- sent grade of the proposed driveway would be approximately 13% but that it could be reduced to 10%. Mrs. C. A. Krueger, 7306 Claredon Drive, said that the pro- posed driveway would be between 25 and 50 feet from her house. Concern was also expressed that construction of the driveway would create drainage problems in the area. said that they already have water in their basement and that construction of the driveway would destroy the underbrush and make matters worse. expressed by Hrs. Darrell Boyd, 7204 Shannon Drive, that removal of foliage on 2he hill vorzld causc problcas with :rater rue5hg htc their pcol. Emmerich, 7302 Claredon Drive, said that the Kleins bought the property which was in a "state of uncertainty" before it was knoim if the City would approve con- struction of the road. He said that there is a 24 foot elevation from Claredon Drive to the North lot line and that he has had enough problems with his own drive- 37ay so that he is considerin5 building a new garage closer to the street. suggested that the driveway be built on the West side of the site. pointed out that the alternate site for the driveway had already been studied and that the Westerly driveway would be 50 feet longer. Mr. Jerry S. Zweigbaum, 7304 Claredon Drive, expressed concern for the safety of children and residents in the area. He said that even light snows create a problem and that Mr. Emerich often 'parks in the cul-de-sac because he cannot get up his driveway. om-er of Lot 2, Schey's Parkview, expressed concern that a water reservoir in th'e lower part of his property would be damaged if the natural terrain should be changed. Bfr. Ralph Rolfes, 7105 Tralee Drive, said that history would show that the original division of Lot 6 was accomplished without legal notice being sent to neighbors. snow from the driveway. Mayor Van Valkenburg suggested that the hearing be con- tinued so that the Engineers can analyze any drainage problems that might be . created, so that the Council can inspect the site and review the ininutes more 4 closely and so that the Traffic Safety Committee can make a recommendation as tu the location of the driveway. Councilman Bredesen that the hearing be continued to March 3, 1980, for the-reasons given by the Nayor. i""" to regulate the subdivision oE the property. He suggested that the request is 1) The proponent relied on the ,- He recommended that any * He said that the house He said that the Kleins had made a sub- An unidentified lady who lives next door to the property in question Concern was also Hr. RLchSrd. I Be also Mr. Hughes Mr. Gus Gaynor, Concern was also expressed that there would be no place to blow Councilwoman Schmidt's motion was then seconded by I Ayes : Bredesen, Richards, Schmidt, Van Valkenburg Nays: None 3bt ion carried. HEARING DATES SET FOR VARIOUS PLANNING NAZTERS. Councilwoman Schmidt's motion was seconded by Councilman Richards, setting hear- As recommended by Mr. Hughes, ing date of February 25, 1980, for the following planning matters : 1. Zoning Change - Dewey Hill I11 - R-1 liesidcntial District. to PRD-3 Planned Residential District - Generally located North of W. 78th St., East of Shaugh- nessy Dr. and West of GlaSgOW Drive Preliminary Plat Approvals for change Center 8th Addition jnd Condor Condonliniums 2. Motion carried unanimausly. Lincoln Londonderry Business Park, Edina Inter- 2/4/80 287 i EDINA PfASONIC LODGIS PROPERTY ACCESS CONTINUED TO MARCH 3, 19SO. Mr. Rosland called COUILC~L'S attention to a letter from Mr. John Id. Ncdbcrg, 4812 S. Lalcevicw Dxive, asking the City to take any steps necessary for construction of a public stree; so that the Edina Masonic Lodge can obtain access to its property which is located on the North side of the Crosstown Highway and East of Vernon Ave. The Council was advised that the County has once again refused to construct a service road on its right-of-way. Council was advised that Fir. Frank Cardarelle, who is platting property on the East side of Vernon he. adjacent to the Crosstown I-ligh- way, has indicated that his client, Citizens State Bailk, is willing to join in a petition to have the road built, with the cost to be assessed against the bene- fitted property owners and that the Lodge would be willing to donate to the City of Edina a small portion of its property which would be necessary for construction of the cul-de-sac. Mr. Hedberg said that Mr. Robert Hanson, owner of property to the West has not been cooperative in solving this problem. remarked that the City must also give consideration to owners of property to the East and to the North. Following discussion, the matter was referred to the City Manager so that he would have an opportunity to meet with Mr. Cardarelle and talk to owners of the Windings Apartments. It was informally decided that the matter would be continued to the March 3, 1980, Council Meeting. 1 Councilman Richards I WATER TO'iJER CLEANING AIJARD OF BID CONTINJED TO FEBRUARY 25, 1980. by Mr. Hoffman, Councilwoman Schmidt's motion continuing award of bids for water tower cleaning until February 25 , 1980 , was seconded by Councilman Richards. As recommended Ayes : Bredesen, Richards , Schmidt , Van Valkenburg Nays: None Motion carried. LIE!' STATION REMGDELING BIDS CONTINUED TO FEBRUARY 25 , 1980 .' Mr. Hoffman advised that bids for remodeling of the Lift Station at 42nd and Grimes Ave. had come in considerably over the Engineer's estimate, Councilman Bredesen's motion was ' ' seconded by Councilwoman Schmidt, continuing the award to February 25, 1980, so that the Engineers could study the matter further. I Ayes: Bredesen, Richards, Schmidt, Van 'Valkenburg , Nays: None Mot ion carried. BID AIURDED F9R SCOOTEE P9R PA!? DEP.AF,TMEi\TT. two bids for a scooter needed by the Park Department for maintenance of fields. Tabulation showed Cushman Motor Company, Inc. , low bidder at $4,860.00 and Industrial Supplies at $4,940.00. Councilman Bredesen's motion for award to recommended low bidder, Cushman Motor Company, Inc. , at $4,860.00 was seconded by Councilwoman Schmidt. Mr. Rasland presented tabulation of Ayes : Bredesen , Richards , Schmidt , Van Valkenburg Nays: None * 'Motion carried. . FLORENCE T. MOORE SUIT NOTED. Council was advised of a suit against the City by Florence T. Moore. The matter has been referred to the insurance companies and to the City.Attorney. No action was taken. STOmFROYT/YOUTH ACTION CONTRACT APPROVED. Mr. Rosland recalled that Council had included in its 1980 Budget funds for support of Storefront/Youth Action. As recommended by the City Manager , Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Mayor and City Manager are hereby authorized to enter into agreement with Storefront/Youth Action for participation by the City in the amount of $19,000. M3tion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : Ayes: Nays: None Resolution adopted. Bredesen, 1iicha;ds ,. Schmidt, Van Valkenburg VACATED VALLEY VIEW _I ROAD EASEFIEPITS ACTION NOTED. had been taken against the City to clear title for property abutting WasIrington Avenue just North of Valley Viev Road in the proposed Lowe First Addition. The matter has been referred to the City Attorney. Council was advised that actioh No forms1 action was taken. EUGENE DAVIS APPOINTED -- ASSISTANT WEED INSPECTOR. Councilwoman Schmidt's motion appointing Mr. Eugene Davis as Assistat Weed As recommended by Mr. Rosland, - Inspector t7as seconded by Councilman Richards. Ayes : Rredesen , Riciiards , Schinid t , Van ,Valkenburg Nays: None Motion carried. 2/4/80 !!iRUAlE 16, ? 980 INPOI~fATIONAL COUNCIL illEE'l'iNG NOTED. Council was reminded that February 16, 1980, had been set for an inEGmal Council Meeting at which the Hous- ing Report will be discussed. Chambers and irlterested citizens are urged to attend. No formal action was taken. HEARING DATES SET FOR ORNMENTAL STREET LIGIITING IEPROVEPIENTS. As recommended by Mr. Hoffman, Councilwoman Schmidt offered the following resolution and moved its adoption : The meeting will be held at 9:OO a.m. in the Council RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON ORNAMENTAL STREET LIGHTING IEPROVEMENTS The City Engineer, having submitted to the Council a preliminary report as to NOS. P-L-11, P-L-18, P-L-19 AND P-L-20 I 1. the feasibility of the proposed Street Lighting Improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improve- ments, said report is hereby.approved and directed to be placed on file in the office of the City Clerk. ' 2. This Council shall meet on Monday, March 3, 1980, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDINA 4801 IJ. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING . ORNBNTAL STREET LIGHTING IIPROWMENT NO. P-L- 17 IM!?ROVEMENT NO. P-L-18 INPROVEBENT NO. P-L-19 INPROVEPENT NO. P-L-20 THE EDINA CITY COUNCIL will meet at the Edina City Hall, on Monday, March 3, 1980, at 7:OO p.m., to consider the following proposed improvements to be constructed . cost of said improvements is estimated by the City as set forth below: ORNAMENTAL STREET LIGHTING ' ESTIMATED COST A. IMPROVEBENT NO. P-L-17 $ 498.01 * B. IMPROVEMENT NO. P-L-18 C. IMPROVEMENT NO. P-L-19 1 . mckr tk axthorit-j grated by Eimesota Statutes, Ckapter 429. The approxirste 2,408.81 3,709.75 D. IMPROVEMENT NO. P-L-20 655.49 The areas proposed to be assessed for the cost of the proposed 0mamental.Street Lighting include: Hyland Acres; under B (P-L-18) Lots 3 thru 6, Block 1, Lots 3 thru 6, Block 2, Lots 1 thru 7, Block 3, and Lot 1, Block 4, Hanser? Parks 1st Addition, Country Club District; under C (P-L-19) Lots 15 thru 18, Block 1, Lots 15 thru 25, Block 8, and Lots 7 zhru 11, Block 9, Woodhill Addition; under D (P-L-20) Lots 7 and 8, Black 1 and Lots 8 and 9, Block 2, Edina Edge Addition. %tion for adoption of the resolution was seconded by Councilman Richards. under A (P-L-17) Lots 1 thru 5, Block I, Lots 1 thru 3, Block 2, Rollcall : Ayes: Bredesen, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. $ESCELLA$IEOUS CONSTRUCTION PROJECTS DISCUSSED. General discussion ensued as to the possibility of repairing the fountain on York Ave. for an estimated cost of road Bridge over Eden Ave. No action was taken. . ' ORDINANCE NO. 631-A1 GRANTED FIRST RhADING. A1 for First Reading as recommended by Fire Department offrcials. in response to questions of Councilman Richards, Assistant Fire Chief Ted Paulfranz said that he believed the existing ordznance to be overly restrictive and that he has had very little experience with fires from the source discussed in the ordinance. Follow- ing discussion, Councilwoman Schmidt offered Ordinance go. 63141 for First Read- ing as follows: I -* $4,000 and the use of Municipal State Aid Funds for renovation of the $N&S Rail- lfr. Rosland presented Ordinance No. 631- ORDINANCE NO. 6 3 1-A1 1 AN ORDINANCE ANENDING ORDZlUNCE NO. 631 TO PROlIIBIT OPEN FLAl5E BARUECUES UNDER BALCONIES AND TO EXEIQT FLfiE-ENCLOSED BARBECUES FROM THE PROVISIONS OF ORDINAEJCE NO. 631 TIiE CITY COUNCIL OF THE CITY OF EDINA, 1-INNESOTA, ORDAINS: 289 P I\ I\ 5 a a Sectibii 1. Section 2 of Ordinance No. 631 is amended to read as follows: "No person shall set, kindle, maintain or permit dny fire or open flame on any balcony or inuncciiately under any balcony of a multiple dwelling or apartment house in any barbecue, torch or similar heating, burning or lighting equipment or device except in dwellings or buildings of all masonry construction. This requirement shall not restrict the use of an electrical or natural (methane) gas fired barbecue device of a design that permits complete flame enclosure when in operation." its passage and publication. Sect 2. This ordinance shall be in full force and effect immediately upon Motion for passage of First Reading was seconded by Councilman Bredesen. Rollcall: Ayes: Bredesen, Schmidt, Van Vallcenburg Nays : Richards Motion carried. ORDINANCE NO. 61142 GRANTED FIRST READING. Councilwoman Schmidt offered the fol- lowing ordinance for First Reading: ORDINANCE NO. 611-A2 AN ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE REPEALING ORDINANCE NO. 611, ESTABLISHING A BUF33AU OF FIRE PREVENTION, REQUIRING PERMITS , AUTHORIZING ESTABLISHBENT OF FIRE LANES AND IPPOSING A PENALTY , CODE AND THE NATIONAL FIRE CODE BY REFERENCE, THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: ated herein by reference as an ordinance of the City: Section 1. Adoption of Codes and Standards. There is adopted and incorpor- (a) The Minnesota Uniform Fire Code as promulgated by the Oepartment of Administration of the State of Minnesota and filed with the Secretary of State and Commissioner of Administration of the State of Minnesota on October 3, 1975 (which Code is hereinafter referred to as the IIMJFC") with the changes hereinafter set forth; and The National Fire Code of the National Fire Protection Association, 1979 Edition (hereinafter "NFC") , volumes 1 through 16. (b) Sec. 2. Codes on File. One copy of each of the following codes, each narlwd "OffJcial Copy;" shall. be filed in the office of the Clerk prior to publi- cation of this ordinance and shall remain on fiie in said office for use and examinat ion by the public : (a) MUFC, with appendices ; (b) The National Fire Code of the National Fire Protection Association, 1973 Edition, volumes 1 through 10; (c) NFC, volumes 1 through 16; and (d) 1973 Edition of the Uniform Fire Code, as published by the International Conference of Building Officials and the Western Fire Chiefs Association (hereinafter referred to as the "UFC") . The Clerk shall furnish copies of said codes or standards at cost to any person upon request . S ec . 3. De f init ions. (a) Wherever the word "jurisdiction" is used in the MUFC, it shall mean the City of Edina. Wherever the term "corporation council" is used in the MUFC, it shall mean the Attorney for the City of Edina. of the Edina Fire Department or his designated representative. (b) (c) Wherever the term "chief" is used in the MUFC, it shall mean the Chief See. 4. Establishment of the Bureau of Fire Prevention. (a) The Bureau of Fire Prevention is hereby established in the Fire Depart- nent of the City. Chief of the Fire Department. The members of the Bureau of Fire Pre- vention shall be the Chief of the Fire Department, an 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. The Chief of the Fire Department may appoint such members of the Fire Department as Inspectors as shall from time to tfme be necessary. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Manager. It shall contain all proceedings under this ordinance with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to this ordinance Qhich in his judgment It shall be operated under the supervision of the (b) . (c) I shall be desirable. Sec. 5. Enforcement; Appeais. The provisions of this ordinance shall be enforced by the Building OfEiclal and the Bureau of Fire Prevention in accord- ance with Sections 3 through 10, inclusive; of Ordinance No. 471. Appeals from 2/4/8U any order made by the I3uilding Official or the Bureau of Fire Preventioi, shall be made in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. and for each annual reiicwal thereof shall be $25.00. one year'from the date of issuance. hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with and that access to fire hydrants or buildings may not be obstructed. marked by signs, not more than 50 feet- apart, bearing the words "NO PARKING, FIRE LAXE," or similar message, and the adjacent curb or roadway shall be striped yellow to clearly define limits of the fire lane. public property or public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his expense within 30 days after he has been notified of the order. Thereafter, no person shall park a vehicle on or otherwise occupy or obstruct the fire lane. Whenever an Inspector or police officer finds a vehicle unattended and obstruct- ing a fire lane, such Inspector or police officer is hereby authorized to provide for removal of such vehicle to the nearest convenient garage or other place of safety outside the limits of the fire lane, at the expense of the owner. nance unless he or she shall have been given notice of the violation in writing and a reasonable time to comply. of any order inade pursuant hereto, shall be guilty of a misdemeanor and subject to a fine not exceeding $500.00 or imprisonment for a period not exceeding ninety (90) days with cost of prosecution in either case to be added. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted. Sec. 6. Permit Pee. Ths fee for cnch permit required by this ordinance All permits shall Zxpire Sec. 7. Orders Establishing Fire Lanes. The Bureau of Fire Prevention is ~ i When a fire lane has been ordered to be established, it shall be I When the fire lane is on Sec. 8. Violation. No person shall be convicted for violating this ordi- Sec, 9. Penalty. Any person violating any provision of this ordinance or . . Sec, 10. Amendments to MUFC. (a) FireMar 45(a) of the NUFC is hereby deleted in its entirety. (b) Section 13.307(a) of the UFC is amended' to read as follows: Every apartment house three stories or more in height and containing more than 15 apartments and every hotel th-ree stories or more in height containing 20 or more guest rooms, shall hzve installed therein an approved automatic and manually operated fire alarm system designed to 17arn the occupants of the building in the event of fire. Such fire alarm system shall be so designed that all occupants of the building may be warned simultaneously." Section 13.307 of the UPC, as adopted by the MUFC, is amended by adding door holders shall be installed on all fire doors located in area . separation walls. doors and smoke doors in a stairwell or corridor that is not centrally air conditioned and pressurized. stairway or smoke barrier doors, they shall be controlled and released by smoke detectors. to the alarm and detection system in such a way that the doors will automatically close upon activation of the alarm system. 'I Section 20.101 of the UFC, as adopted by the MUFC, is amended to read as follows: "This article shall apply to the storage and handling of liquified petroleum gases and the installation of all equipment pertinent to systems for such uses and shall apply equally to both new and existing ins tallations . 'I Section 20.102 of the UFC, as adopted by the MJFC, is amended to read as follows: containers is 500 or more gallons water capacity, the installer shall obtain a permit and plan approval from the chief." Section 20.105 of the WC, as adopted by the "UFC, is amended to read as follows: ' storage capacity in excess of 1,000 gallons shall be protected by one or mare of the following methods: I I1 I (c) thereto a new paragraph to read as follows: "(e) Electric Nagnetic- -. Such door holders ahall also be installed on all fire When door holders are installed on All e1ectrj.c magnetic door holders shall be connected (d) (e) "Where a single container or the aggregate of interconnected I (f) "All single container installations with a total water 1) 2) I 3) 4) 5) Nounded in an approved man&er, or, Protected subject to impingement of ignited gas from pipelines or other leak- age, or Protected by fire walls of approved construction, or Protected by an approved system for application of water or, Protected by other approved means." with an approved insulation on such areas that may be .. .. .. . , .. . _* ~ :-. 291 r- I\- a 5 5 r I Sec. 11. Interpretation. In the event of a conflict betwcen the provi- sions of the HUFC and the provisions of this ordinance, the more stringent provi- sion '.sliall apply. Provided, however, .that no p2ovision of this ordinance shall be inprpreted to exceed the requirements of the Minnesota State Building Code, as adopted by the ordinances of the City of Edina. Sec. 12. Repealer. Ordinance No. G11 is repealed in its entirety. Sec. 13. This ordinance sliall be in full force and effect immediately upon its passage and publication. ORDINANCE NO. 1401-A5 GRANTED FIRST EADING. lowing ordinance for First Reading as recommended by the Traffic Safety Committee: Councilwoman Schmidt offered the fol- ORDINANCE NO. 1401-A5 AN ORDINANCE MENDING THE EDINA TRAFFIC ORDINANCE TO REPEAL SECTION 4.16 RELATING TO U-TURNS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: by deleted and repealed in its entirety. upon its passage and publication. PRECINCT 18 POLLING PLACE LOCATION DISCUSSED. Councilwoman Schmidt's mot ion was seconded by Councilman Richards authorizing the City Clerk to designate a new polling place for Precinct 18 because of inadequate parking facilities at the present location. Section 1. Sec. 2. Section 4.16 of Ordinance No. 1401 relating to U-turns is here- This ordinance shall be in full force and effect immediately As recommended by Mr. Rosland, Ayes : Bredesen, Richards , Schmidt , Van Valkenburg Nays: None Mot ion carried. SPECIAL ASSESSMENT HEARINGS TO BE CONDUCTED. Mr. Dalen advised the Council that it will be necessary to hold special assessment hearings this spring for Watermain Improvement No. W-258 and Sanitary Sewer Improvement No..SS-292, and said that he would recommend a hearing date at a future meeting. No action was taken . TAX FORFEITED LAND DECLARED "NON-CONSERVATION AND FOR SALE"; Hennepin County Auditor's List "657-NC" of Tax Forfeited Lands, advising that one parcel had been re-purchased and that the City had no med for the other parcel which is a narrow strip of land located at the rear lot line of Lot 2, Sharpe- Balcke Addition. Councilman Richards thereupon offered the following resolution and moved its adoption: WHEREAS, the City Council of the City of Edina. has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of the 1971 real estate taxes, which said list has been designated as Classification List No. 657-NC; and ImEREAS, each parcel of land described in said list has heretofore been classi- fied by the Board of County Commissioners of Hennepin County, Minnesota, as non- conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners ; NO'GJ, THEREFORE, BE IT RESOLVED by said City Council, acting pursuant to Minnesota Statutes 282 , that the said classification by said Board of County Commissioners, of each parcel of land be and the same is hereby approved, and that the sale of Motion for adoption of the Resolution was seconded by Councilman Bredesen. lfr. Rosland presented RES 0 LUT ION . each such parcel of land be and the same is hereby approved. Rollcall : Ayes : Bredesen , Richards , Schmidt , Van Valkenburg . Nays: None Res olut ion adopted . LIQUOR REPOET as of November 30, 1979, was presented by Mr. Dalen, reviewed and ordered placed on file. No-formal action was taken. CLAINS PAID. Motion of Councilman Richards was seconded by Councilwoman Schmidt for payment of the followhg claims as per Pre-List: General Fund, $125,653.32; Park Fund, $6,125.10; Art Center, $421.08; Park Construction, $1,204.32; Park Sinking, $52,040.00; Swimming Pool, $208.68; Golf Course, $1,764.77; Arena, $6,306.86; Gun Range, $976.00; Water Works, $8,115.65; Sewer Fund, $97,016.33; Licpor Fund, $6,531.51; IBR Fund, $453.45; Total, $306,817.07. Ayes : hays: None Mot iqn carried. Bredesen , Tcichards , Schmidt , Van Valkenburg 2/4/90 I 292 Discussion ensued regarding employee menibcrships and meeting all.cwances. RDsland assured the Council that these espemes are carefully reviewed. action was taken. Ilr. No formal No further business appearing, Councilman Bredesen's motion for adjournment was seconded by Councilwoman Schmidt and cayried. Adjournment at 8:55, p.m. .I