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
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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
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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
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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
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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:
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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
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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
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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.
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