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HomeMy WebLinkAbout19800225_regularMINUTPS OF THE 1GGUI.AR MEETING OF THE EDINA ClT? COUNCIL HELD A'l CITY HALL FEBRUAKY 25, 1980 293 Answering rollcall were members Bredesen, Courtney, Kichards, Schmidt and Mayor Van Valkenburg. Present also were Mmes.Helen McClelland of the Community Development and Planning Commissioii and Leslie Turner of the Human Relations Commission. MINUTES of February 4, 1980, were approved as submitted by motion of Council- woman Schmidt, seconded by Councilman Bredesen. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Blotion carried. CROSSROADS DEVELOPMENT REQUEST FOR PJXD-3 ZONING CONTINUED TO MARCH 3, 1980. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that the petition of Crossroads Development for a zoning change from !A-1 Residential District to PRD-3 Planned Residential District for the construction of moderate and low income housing for property located generally South of W. 70th Street, West of Cahill Road and Southeast of Cahill Elementary School had been continued from January 21, 1930, so that the Council would have an opportunity to study and analyze the Housing Cminittee roads Development had submitted a soil analysis which had been reviewed by the staff. Mr. flyatt showed drawings of the proposed town houses, advising that many units will be tucked into the hill to the north and will not be seen from the single family district to the West. have a lower profile than the Braemar Oaks apartmentsandadvised that the build- ings would be 300 keet from the adjacent R-1 single family district. Mr. Hyatt . said that the Minutes of January 21, 1980, should have stated that preliminary approval had been granted in 1976 for PRD-3 zoning for 64 (rather than 60) units for the subject property. that it is proposed to construct 51 garages and 89 open parking stalls, so that there will be 2.2 parking spaces per dwelling unit. of the Section 8 Program, and advised that income limits range from approximately $12,000 for a one person household to up EO $19,000 for a six person household. He advised that a household with an income of $10,000 would pay $208 per month for rent. In response to Mr. Hyatt's statement that the only government involvement is in insuring the financing, providing permanent loan takeout and providing the necessary rental assistance, Councilwoman Schmidt pointed out that the City would also be involved in writing down the land cost and that this would be a very expensive project. unit each year in property taxes. and that. those taxes exceed a number of market rate developments in the City. - He said that , through its Comunity Development Funds, Edina gave Yorkdale Townhomes over $4,000 per dwelling unit and that Cross- roads Development Corporation would be requesting $165,000 total. pointed out that Yorkdale TownhGmes were assisted by tax increment financing and that his development would be paid entirely from federal sources. that Edina has fallen short of what other municipalities have done in this type of housing, even though the City has requested the funds for assistance for devel- opment of this sort of housing and has told the federal government that Edina intends to construct 170 wits for assistance housing. of Councilman Richards as to what taxes would be paid if the property were to be developed as market rate housing, Mr. Bill Brussman of Northern Mortgage said that this figure is difficult to determine because neither Yorkdale Townhomes ot the Durham Apartments have yet been assessed, but that he would expect to pay approximately half of the taxes that a simiTar market rate apartment would pay. In response to a question of Councilman Bredesen, Mr. Hughes said that the City would spend its Community Development Funds in other areas if they were not used for the development under consideration. In response to questions of Mrs. Bar- bara KcGlathery , 5 105 Duggan Plaza, Mr. Hughes explained Tax Increment Financing and Mr. Rosland explained that the Richfield School District receives school tax money for Yorkdale Townhomes, rather than the Edina School District. Mrs. Donna Scudder of the Edina Housing Committee was told by Mr. Hughes that the City has budgeted its Community Development Block Grant Funds of approximately $250,000 per year for a variety of projects including public improvements in the Morning- side Area, hocsing rehabilitation loans and grants , park improvements , handicapped access programs and for land for low and moderate income housing. explained that the City is not bound to fund aily particular project bgt that the funds should probably be spent within two years. He added that no nore than 20% of the total funds can be rebudgeted. Mr. Hughes explained that the Hetropolitan . Report. He advised that, as requested by the Council, Mr. Henry Hyatt of Cross- ! He said that the two-story buildings will Mr. Hyatt reviewed plans for the development, advising He reviewed the basic terms Mr. Hyatt responded that they expect to pay about $550 per He also Mr. Eyatt said In response to a question I Mr. Hughes P 2 / 25 / 80 294 Council evaluates the City's Housing Assistance Plans each year when the applica- . tion for funds is reviewed. In response to questions of Mr. Steve Winnick, 7117 man gave results of a garage usage study which indicated that at Yorkdale Town- homes at 5:30 and 6:30 a.m. and at 1O:OO and 11:30 p,m. on four different days Lanham Lane, and President of the Lewis ParL Neighborhood Association, Mr. Bruss- during February, only 47.2% of garages were occupied and added that there were between .98 and 1.06 cars per unit parked on the property, both in and out of garages. on, there was one car per dwelling unit,and a 60% garage usage during the survey. Mr. Hyatt said that even in his developments that were convenient to shopping centers and on bus lines, almost 100% of the units owned cars, and that in areas that were not as convenient to shopping centers and bus lines, there was a ratio of 1.5 cars to each dwelling unit. tioning units would be installed in the walls of the buildings if residents wished to purchase the units and that, if requested by the Council, they would provide garbage disposals for each unit. that real estate taxes should be $2,160 per unit, Mr. Hyatt said that the Edina Assessor uses a cost approach on rental housing and not a formula related to income. Finance Agency dated May 25, 1979, in which financing was denied, based on "particular emphasis on the physical characteristics of the site and the expen- sive site development costs projected" and also because "the proposed number of units and density exceed current program parameters". Mr. Hyatt said that he disagreed with statements made in that letter and that he still believes that financing will be available from that Ageacy. lls. Rosemary Utne, 4529 Laguna Drive, said that she is a former St. .Louis Park Council-membeZ: and .that she would encourage approval of the project. Also speaking in favor of. the project was'an unidentified lady who lives at 53rd and AbbottAve. in Mimeapolis who said that she works in Edina. Nrs. Rachelle James, 7109 Lanham Lane, expressed con- cern that property values in the area would depreciate and also wondered about what would happen if the property should be sold in five or ten years. She was advised by )Mr. Hyatt that they are obligated to retain ownership for a minimum of 20 years and that they will have so many applicants for the units that they- will be able to select the tenants very carefully. Mr. Jerry Kimer, resident . Manager for Crossroads Development said that visits are made to the homes of each aDplicant before they are approved as a tenant. lives on Lanham Lans said that he woulci like to see long-range plans for the development of the rest of the area. Mr. Hughes referred to a draft of the Housing Plan which will be submitted to the Netropolitan Council for approval later this spring. Nr. Edward Haeg, 5524 W. 70th Street, suggested that the property in question should be-developed in such a way as to attract families with children so as to increase Edina's school population. Mr. Larry Youngblood, 7205 Lanham Lane, said that with increasing costs of energy, it will be more dif- ficult each year for people to own cars, that the location has no nearby shopping center or good transportation and is not close to anything that is convenient to .- that while the development may be good for Mr. Hyatt, it will not be an asset to the community. Mr. Hyatt presented a map which he had prepared indicating other potential housing sites and made comments on those sites as follows: 1) The Ked- berg property on N. 76th and France Ave- (which would require extensive site work and which HUD has indicated that it would not approve; . 2) Other sites on Cahill Road (which are further away from transportation than the site in question); 3) Between Arctic !Jay and the Crosstown Highway (which would not meet environmental criteria); 4) North of the Edina West Condominiums (which site is too large, not' near transportation or super markets) ; 5) Three sites in Northwcst Edina adjacent to County Road 18 (which are not near public transportation or super markets); 6) The Northeast comer of Edina on France Ave. adjacent to the Minneapolis Water Department Building (which would be difficult to purchase from Minneapolis) ; 7) Three lots on Halifax Ave. across from Lunds (which site would be too small); 8) 'Vernon Ave. across from Hansen Road (which would require a very substantial amount of fill and would require residents to walk on the bike path to and- from the Grandview Shopping Area.) He recalled that the site in question is near the Cahill Shopping Cezlter, near a day care center and public schools, has access to parks and commercial and industrial areas. man ftichards, hfr. Xyatt said that, in his opinion, 64 units of low and moderate incorrie housing is the most that could be constructed in the entire City and that it would be unrealistic to think that more units could be constructed. added t&at he thought "this inay be Edina's last shot".' The Nayor expressed his concern about comnents that Edina is not interested in solving this problem and i * At Aspen Glen Townhomes, Crossroads Development's project in New Bright? Mr. Hyatt advised Mr. Winnick that air condi- In response to lk. Ninnick's suggestion For the record, Mr. Winnick read a letter from the Minnesota Housing k 9 L 4 An unidentified gentleman who ~ _- .a -. people who are hard pressed to pay rent. He added that land costs are high and -. - I ' In response to a question of Council- Mr. Hyatt e* s 2/25/80 295 referred to the fact thnt the City has been working for some time 'in trying to respond to thesk cbhcerns as 'is evidenced by the, fact that the Housing .Commit tee has worked to develop general and specific policy recommendations whid:h the Council is trying to actdress at this time. He expressed concern about insiiiu- ations that the people who would be renting the units are "different" from other people, saying that he envisioned that the units would be rented by younger people and by older people who have lived in Edina for many years and who are looking for less expensive surroundings than their present homes. He referred also to the fact that the moratorium on low and moderate income housing had been lifted for the purpose of considering this proposal because Crosstown Development had already submitted its application for the zoning change. He explained that the Council must face the question of this particular project and how it will fit in with the City's ultimate plan. The Mayor explained that the City is now in the process of preparing its Mandatory Plan to submit to the Metropolitan Council for its recommendations. He said that he would prefer to have the Man- datory Plan finally adopted or understood before the Council actually addresses this particular issue. The Mayor also expressed his concern about the lack of --: availability of facilities that are necessarily needed and about the fact that the Council has not seen any of the economic information which should be studied. Councilman Richards said that Edina has never been afraid of different concepts but has always tried to do what is best for all of the people. He suggested that an alternative might be to subsidize individual housing rather than building one large project. As suggested by Councilman Courtney, Councilman Richards" motion was seconded by Councilwoman Schmidt that the staff be instructed to draw find- ings and reasons to assist the Council in making its decision at the..Council Meeting which will be held on March 3, 1980. II\ r- a* r- a Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Bbtion carried. a, __ -. DEWEY. HILL I11 ADDITIOE GRADING PERMIT APPROVED; Affidavits of Notice were presented by Clerk, approved as to form and ordered NO ACTION TAKEN ON PRD-3 ZONING. placed on file. 111 from R-1 Residential District to PRD-3 Planned Residential District, advising that the subject property is bordered on the South by W. 78th Street and on the West by Shaughnessy Road and that it represents the third and final phase of the residential development of the Shuster property by Laukka and Associates. recalled that Dewey Hill Addition and Dewey Hill Second Addition had been devel- oped with single family lots and that, at the time Dewey Hill Second Addition was approved, the Council agreed that Mr. Laukka's proposal to construct a condo- minium development of 125-150 units for the Southerly extreme of the property would be a proper land use for the site, although they did not approve specific plans. Mr. Hughes explained that the proponents have submitted preliminary plans for a 123 unit condominium development €or this 13.3 acre site, with a pro- posed density of 9.2 units per acre but that they submit that this project represents the third phase of an overall plan for the 58 acre Schuster property and, therefore, an overall density of 3.4 mits per acre has been achieved. Hughes advised that the property is characterized by moderately steep slopes on the East and West portions of the site and that a large wooded swamp comprises mst of the central portion of the property. It is proposed to construct <he five condominium buildings in a North-South direction along the upland areas on the Easterly and Westerly portions of the site and to excavate and develop the central portion as a pond. Mr. Hughes explained that .the building would be three stories in height as viewed from the East and West, with 187 park- ing stalls to be constructed under the building and that the building would be four stories as viewed from the central portion of the site. Ldvised that the Comnunity Development and Planning Commission had recommended denial, rather than continuing the matter to its next meeting, because the pro- ponent had requested the denial so that the request could be heard at this time by the Council in order that the site work could be done during the cold weather. Mr. Lauklca iritroduced Messrs. Peter Jarvis of Bather Ringrose & Wolsfeld and David Bennett, the project architect. Mr. Jarvis reviewed the concept of the development, and said that the minutes of the Community Development zind Plan- ning Commission reflect that the Commission had viewed the overall pian at the time Dewey Hill 2nd Addition had been platted and had given concept approval at that time. the sun for solar energy and said that there will be interconnected underground parking under all buildings. Mr. Bennett exTlained the use of solar energy which will be used in the project and showed the effect of the project in terms of Solar access cn adjacent properties. Mr. Mark Fuller, attorney representing Glasgow Drive residents, objecred that the proposed development is not consist- Mr. Hughes presented the petition for rezoning of Dewey Hill 3e Mr. Council was He advised that the three buildings will have skylights facing 2 /25/ 80 ent with the Southwest Edina Plan Amendment adopted in 1975, inasmuch as the site is closer than 200 feet from existing R-1 developments, is a greater distance than 3,000 feet from an accessable freeway interchange. there are steep slopes on the land on each side and that there should'be no more than 4.8 units per acre in a Planned Development site. tended that the 9.2 units per acre proposed is approximately twice what is called for &n the Southwest Edina Plan. opment is situated in the middle of single family homes and not buffered from Glasgow Drive properties. the ground might cause structural damage to Glasgow Drive properties and that children in the neighborhood might be attracted to the dangerous conditions dur- ing construction of the project. He also questioned the fact that no traffic report had been made 2nd pointed out that consideration should be given to addi- tional traffic which result from the extension of Delaney Blvd. He expressed further concern about blind intersections on W. 78th Street. Mr. Fuller said that construction of a building 600 feet long and 43 feet high would adversely affect property values and destroy the natural amenities in the area; He made reference also to a letter from the Department of Natural Resources which recom- mended against puttingin the "reflective pond". Mr. Fuller also objected to the fact that all of the Dewey Hill developments had not been proposed as a single Planned Residential District development, and said that since plans had been changed, the-project should be referred back to the Camunity Development and Planning Commission. Nr. Brian Anderson, representing Mr. Earl Wilson, reiter- ated comments made by Nr. Fuller and said that he had not received notice of'the hearing. Mr. Robert Clark, 7701 Glascow Drive, objected that the proposed build- ings would prevent his property from getting any direct sunlight. Mrs. Clark and Mrs. Dominic Sciola, 7705 Glasgow Drive, presented a scale model which they had made showing the impact that the buildings would have on the area. Also express- ing objections to the proposal were Mrs. Lois Younger, 7717 Glasgow Drive, Eks. Jessie Kahnke, 7709 Glasgow Drive and Mrs. Glocke, 7729 Glasgow Drive, as well as Messrs. Earl Micka, Thomas Lampert, 7724 Glasgow Drive, and Dominic Sciola. In response to concerns expressed about the possibility of flooding, Mr, Hoff- man explained that the overflow from the pond will go to the North and into the Edina/Bloomington drainage system. The object ion was also heard that the grade of the parking lot of the project under discussion would be higher than the kitthe,rr.windo~ of CCZ 5case md %&her tka tke back yard of another house on the $Jest end- of Glasgow Drive. these objections would arise at the time he had platted his first two subdivi- sions of the Schuster property and that was why he had made his plans very clear to the Community Development and Planning Commission and to the Council at that time. He said that, if the Council would approve a permit to develop the pond- i-ng area during the cold weather, he would do the grading at his own risk and bring his project back to the Community Ikvelopment and Planning Conmission and to the Council for approval at a later date. Following considerable discussion, Councilman PZchards moved that the Council determine that the application and documents filed for the rezoning to Planned Residential District suffice as an application under Ordinance 821 and that such application can now be acted upon by the Council, and further granting a permit to dig and maintain an open pit and to impound waters in accordance with grading plans on file in the Engineering Department and with regulations of the Nine Mile Creek Watershed District and as provided in Ordinance No. 821. Motion was seconded by Councilwoman Schmidt. He said that Nr. Fuller con- He pointed out that the proposed devel- Mr. Fuller expressed concern that driving pilings in I . I. lir. Laukka said that he had been afraid that Ayes': Bredesen, Courtney, Richards , Schmidt, Van Valkenburg Nays: None %tion carried. LINCOLN I LONDONDERXY BUSINESS PARK GRANTED PRELIITNARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Lincoln Londonderry Business Park for preliminary plat approval advising that this plat is located at 4760 Lincoln Drive. that the property is presently zoned PID Planned Industrial District and that the plat is submitted to clarify and simplify existing legal descriptions.. As recommended by the Community Development and Planning Commission, Councilman Courtney offered the following resolution and moved its adoption: He explained . RESOLUTION GRANTING PRELIXINARY PLAT APPROVAL FOR LINCOLN LONDONDERRY BUSINESS PARK FIRST ADDITION BE IT RE?iOLVED by the Edina City Couiicil that that certain plat entitled Lin- coln Londonderry Business Park First Addition, platted by Winfield Development t Corpcration and presented at the Regular Meeting of the Edina City Council of February 25, 1980, be and is hcreby granted preliminary plat approvd, with the condition that a five foot sidewalk easement along Lincolv Drive be deci- cated to the City. 297 Motion for adoption of the resolution was seconded by Councilwoman Schmidt. -ROllcdl: : .. a Ayes : Bredeser., Courtney, Richards , Schmidt, Van Valkenburg Nays: None Resolution adopted. EDINA INTERCHANGE CENTER 8TH ADDITION GRANTED PRELIMINARY APPROVAL. Affida- vits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Edina Interchange Center 8th Addition for pre- liminary plat approval, advising that this plat is located West of Ohms Lane and North of W. 73rd St. and that the plat conforms to zoning and floodplain requirements. He recalled that, at the time Edina Interchange Center 4th Addition was platted in 1977, the Council had questioned whether right-of-way should be dedicated to allow the extension of Ohms Lane to serve the Northern States Power property located to the Northwest of the subject property. accordance with Council action at that time, the proposed plat has designated a 60 foot wide utility and driveway easement to allow access from Ohms Lane . to the Northern States Power property, in case such a roadway is approved at a later date and the proponents have indicated a willingness to either dedi- cate this area as a public easement or grant a private easement to Northern States Power for driveway purposes. As recommended by the Community Develop- ment an,d Planning Commission, Councilman Richards offered the following reso- lution and moved its adoption: In RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR ' EDINA INTERCHANGE CENTER 8TH ADDITION ' BE IT RESOLVED by the Edina City Council that that certain plat entitled I Edina Interchange Center 8th Addition, platted by George Welsh Construction Company and presented for preliminary plat approval at the Edina City Council Meeting of February .25 , 1980, be and is hereby granted preliminary plat approval, subj ect to the following conditions: 1. A conservstion restriction covering that portion of the floodplain area which cannot be developed or filled due to City and Watershed District regulations ; The 60 foot driveway and utility easement shown on the plat should be designated as the City's outlot and deeded'to the City. would zlkx the cxtensiozz cf C5zs Lase in the fztlir2 ff yarrzntcd; ai2 BE IT FURTHER RESOLVED that the extension of Ohms Lane.is not recommended at this time for the following reasons: 1. 2. This road would benefit only Northern States Power Company, thus, a 2. This outlot 1 Construction of this road would be difficult and expensive due to soil and floodplain condit5ons; private drive acsoss street ; Company whose primry access is from W. 70th St. This road may be of value from a traffic standpoint only if the primary access of Northern States Power Company to 70th St. is removed. This road could encourage Northern States Power Company trzffic to be diverted to W. 74th Street and the 77th Street Interchange which experi- ences peak hour congestion problems. This road could encourage some industrial traffic to shortcut through the this area would be more appropriate than a public 3. This road would only provide a secondary access to North.tm States Power 4. 5. *. P 6. Northern States Power Company property from Ohms Lane to W. 70th St. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes : Bredesen, Courtney, Richards , Schmidt, Van Valkenburg Nays: None Resolution adopted. CONDOR CONDOXINIW/IS GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of IT0 tice were presented by Cleric, approved as to form and ordered placed on file. Mr. . Hughes recalled that on February 4, 1980, Council had granted Second Reading for PF4.D-3 zoning for this property generally located East of Lincoln Drive, North of the Cross town Highway and Edina West Condominiums , with the condition that f€nal zoning be contingent on final plat approval. Hr. Hughes advised that , assuming that acceptable landscape and utility plans are received, the Community Development and Planiling Commission had recommended approval condi- tioned on receipt of an executed developer's agreement, receipt of a subdivi- sion dedication fee of $36,000, a conservation restriction covering the undev- elopable portion of the floodplain 02 the property and a grading permit from the Nine Nile Creek Watershed District. No objections being 'heard, Councilnlan Richards offered the following resolutlion and moved its adoption: 2/25/30 1 RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR CONDOR CONDOMINIUMS BE IT RESOLVED by the Edina City Council that that certain plat entitled Condor Condominiums, platted by Condor Corporation, and presented at the Regular Meet- ing of the Edina City Council of February 25, 1980, be and is hereby granted preliminary plat approval, with final plat approval being contingent upon the receipt of an executed developer's agreement, receipt of a subdivision dedica- tion fee of $36,000, a conservation restriction covering the undevelopable portion of the floodplain on the property and a .grading permit from the Nine Mile Creek Watershed District. Motion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall: Ayes: Nays: None Resolution adopted. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg DANENS MEADOWS GRANTED FINAL PLAT APPROVAL. ows (formerly known as the "Limited Addition" for final plat approval, advis- ing that this plat is generally located East of Antrim Road and West of Shan- non Drive, and that all ordinance requirements had been met. An unidentified gentleman who lives at 5912 Lee Valley Road, asked about the elevztion of the proposed road. perty and also that no proposal has been received for the Roberts property. Mr. Rudy Trones, the developer, questioned the $18,000 subdivision dedication and was told that it represents 8% of the market value of the property. No further discussion being heard, Councilman Richards offered the following reso- lution and moved its adoption: RESOLUTION APPROVING FINAL PLAT FOR Mr. Hughes presented Danens Mead- He was told that there will be no assessments against his pro- ' DANENS HEADOWS BE IT RESOLVED by the Edina City Council that that certain plat entitled Dan- ens Meadows, platted by Rudy Trones Construction, Inc., and Marion G. Danens, single, and presented at the Edina City Council Meeting of February 25, 1980, be and is hereby granted final plat. approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: none Resolution adopted. LOWE FIRST ADDITION GRANTED FINAL PLAT APPROVAL. First Addition for final plat approval, advising that this plat is generally 3fr. Hughes presented Love located West of County Road 18,-North of Valley-View Drive Ad East-of Wash- ington Ave. S. and that the property is being platted to clear a complicated legal description. No objections being heard, Councilwoman Schmidt offered the following resolution and moved its adoption: . :* .c RESOLUTION APPROVING FINAL PLAT FOR LOWE FIRST ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled Lowe First Addition, platted by Clarence A. Lowe and Nancy F. Lowe, husband and wife, and presented at the Edina City Council Meeting of February 25, 1980, be and is hereby granted final plat approval. $&tion for adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. LARADA LANE AND ANTRIM ROAD STREET VACATIONS HEARING DATES SET. As recommended by Xr. Hughes, Councllwoman Schmidt offered the following resolution and moved its adoption, setting hearing date of March 17, 1980, for vacation of portions of Larada Land and Antrim Road: RESOLUTION CALLING PUBLIC HEARING ON' STREET VACATIONS BE IT RESOLVED by the City Council of. the City of Edina, Hennepin County, Xinnesota, as follows: 1. should be considered for vacation, in accordance with the provisions of Minne- sota Statutes, Sections 412.851 and 160.29: It is hereby found and determined that the following described streets All that part cl' Larada Lane as platted in Parkwood Knolls 20th Addition which lies Northerly of the Northerly line of Willow Wood Road as platted in Parkwood Knolls 20th Addition; and , 2 125 / 80 299 i nlat part of Antrim Road described as follows: The South 270 feet of the North 525 feet of the West 30 feet of the Northeast Quarter of the Norkh- west Quprtcr of Section 8, Township 116, Range 21; and tire South 250 feet of the North 988.16 feet of the West 30 feet of the Northeast Quarter of the Northwest Quarter of Section 8, Township 116, Range 21. 2. T1li.s Council shall meet at the time and place specified in the form of Notice included in paragraph 3 hereof for the purpose of holding a public hear- ing on whether such street vacations shall be made in the interest of the public. 3. me Clerk is authorized and directed to cause notice of the time, place and purpose of said hearings to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such heari'ng and to post such notice at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (0 f f icial Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET VACATIONS IN THE CITY OF EDINA HENNEPIN COUNTY , MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin. County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street, on Monday, March 17, 1980, at 7:OO p.m. o'clock for the purpose of holding public hearings on the proposed vacation of the streets described as follows: All that part of Larada Lane as platted in Parkwood Knolls 20th Addition which lies Northerly of the Northerly line of Willow Wood Road as platted in Parkwood Knolls 20th Addition; and That part of Antrim Road described as follows: The South 270 feet of the North 525 feet of the West 30 feet of the Northeast Quarter of the North- west Quarter of Section 8, Township 116, Range 21; and the South 250 feet of the North 988.16 feet of the West 30 feet of the Northeast Quarter of . the Northwest Quarter of Section 8, Township 116, Range 21. All persons who desire to be heard with respect to the question of whether or not the above proposed street vacations are in the public interest and should be made shall be heard at said time and piace. The Council shali consider the extent to which such proposed street vacations affect existing easements within the area of the proposed vacations and the extent to which the vacations affec- the authority of any person, corporation, or municipality owning or control- ling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maictaining the same or to enter upon such streets or portions thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying in any such vacation resolutions, the extent to which any or all of any sgch easements, and such authority to maintain, and to enter Epon the areas of the proposed vacations shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Florence B . Hallberg City Clerk . Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. CABLE TV FRANCHISE WCUNENTS APPROVED; SOUTHWEST SUBURBm CATV STUDY COMMISSION AUTHORIZED TO DISTRIBUTE DOCUMENTS AND ARRANGE AFPLICANT HEARINGS. Mr. Rosland recalled that the hearing to consider Cable TV franchise documents and for approval of franchising documents and authorizing the Southwest SGburban CATV Study Commission to distribute documents and to arrange applicant hearings had been continued from January 17, 1980, m.d from Decenher 17, 1979. Councilman Bredesen was advised by Mr. Erickson that Edina can act on its own and will not be tied to decisions made by other participating municipalities. Benda, Administrative Coord.inator for the Southt~st Cable TV Study Commission was present. participating City 5% of its gross revenues. Councilman Courtney offered the following resolution and moved its adoption: Ms. Anita It was clarified that the successful cable company will pay each No further comments being heard, RESOLUTIOM ADOPTING AND APPROVING FRANCHISING DOCUMENTS AND AUTHORIZING SO'JTHWEST SUBURB&l CATV STUDY COMYIISSION To DISTRIBUTE DOCUPIENTS AND TO ARWGX APPLICANT HEARINGS WHEREAS,. the City of Edina has resolved that the development of a joiizt CATV 2/25 f 1'0 system is in the best interest of the City; and WHEREAS, the City has received a study repcrt from its citizen advisory com- mittee and has determined to continue the cable franchising process; and WHEREAS, documents relating to franchising per rule of the Minnesota Cable Communications Board have been developed by the City, its advisory committee and the Southwest Suburban CATV Study Commission; and WHEREAS, the City wishes to seek applicants for a franchise for a cable communi- cations system to serve Eden Prairie, Edina, Hopkins, Minnetonka and Richfield; NOW, THEREFORE, BE IT RESOLVED that the City authorizes the Southwest Suburban CATV Study Commission (Commission) to issue the Invitation for Applications as adopted by this City after a full public hearing; The City authorizes the Commission to distribute the Invitation, Preliminary Franchise Ordinance, and Communications Needs Report to potential applicants, the Minnesota Cable Communications Board, the public and others ; The City authorizes the Commission to publish and distribute the Notice of- Availability of the Invitation for Applications ; The City participate in hearings on the applications submitted together with the citties of Eden Przirie, Hopkins, Ilinnetonka and Richfield, as organized and publicized by the Commission; The city will receive the Codssion's recommendation on the final ordinance and Motion for adoption of the resolution was seconded by Councilman Bredesen. franchisee prior to making its decision on these matters. -- .. Rollcall : Ayes : Bredesen , Courtney, Schmidt, Van Valkenburg Nays: None Abstainingf Richards Resolution adopted. SOUTHDALE WATER TOWER CLEANING, SEALING, INSPECTION, PAINTING AND STERILIZATION CONTRACT AI?ARDED. Recalling that award of bids for cleaning, sealing, inspecting, painting and sterilizing the Southdale Water Tower had been continued from Febru- ary 4, 1980, Mr. Rosland presented tabulation of two bids received showing Odland Contracting Company low bidder at $34,899 and Rainbow, Inc., at $54,700.00. recommended by the City Nanager, Councilman Courtney's motion was seconded by Councilwoman Schmidt for award .of bid to Odland Contracting Company in the amount As OF $34,936.60. Ayes: Nays: None - lie t ion carried. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg - -- SANITARY SEWER LIFT STATION RENOVATION .BID AWARDED.' RecalliEg that award of. bid for the sanitary sewer lift: station at W. 42nd Street and Grimes Ave. remodeliag, new pumps, piping and electrical service had been continued from February 4, 1980, MI-. Rosland presentad tabulation of four bids showing G.L. Contracting, Inc., low bidder at $33,520.00, Mac-In-Erny, Inc., at $34,878.00, Acton Construction Co., Iiic., at $35,400.00 and Ideal Enterprises, Inc. , at $38,500.00. As recommended by Mr. Rosland, Councilman Courtney's motion for award of contract to low bidder, G.L. Contracting, Inc. , was seconded by Councilwoman Schmidt. Ayes : Nays: None Notion carried. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg 500 ASPEN LAEDSCAPING LOGS PURCHASE APPROVED. of two qcotes received for purchase of 500 6" x 6" x 8' aspen landscaping logs showing Page & Hill low bidders at $4,400.00 with Dundee Nursery bidding $6,875.00. Motion of Councilman Courtney was seconded by Councilwoman Schmidt for award to recommended low bidder, Page & Hill in the amount of $4,400.00. Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: NOEe Mot ion carried. Mr. Rosland presented tabulation RANGE GOLF BALLS PUECXASE APPROVED. bids for 1000 dozen Spalding range balls for Braemar Golf Course showing coopera- tive purchase with the City of Golden Valley from $2,850.00, Wilson Sporting Goods at $3,500.00 and P.G.A. at $3,250.00, all €or Spalding balls. was seconded by Councilwoman Schmidt for award to low bidder, Brookview Golf Cours e. Ayes: Nays: ~ None Motion carried. Mr. Rosland presented tabulation of three Brookview Golf Course at As recommended by the City Nanager, Councilman Courtney's motion Bredesen, Courtney, Richards, Schmidt, Van Valkenburg I k 2/25/ 80 301 DRIVEIZ~ s LICENSE IMPRINTERS FOR ELECTION DAY VOTER REGISTRATION PUKCE-ASE Ar)r~Qvlr~. driver's license imprinters for use at the polls on Election Day for voter registration. seconded by Councilwoinan Schmidt , authoring purchase of 20 imprinters at $77.00 each, for a total of $1,540.00. * Mr. Rosland advised Council that Hermepi; County hcid taken bids for As recommended by Mr. Rosland, Councilman Courtney's motion.&s Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None No tion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF FEBRUARY 20, 1980 REVIEWED. Councilman Courtney's motion was seconded by Councilman Schmidt for approval of the follow- ing recommendations contained in the Traffic Safety Committee Minutes of Febru- ary 20, 1980: 1) on Lot 12, Block 1, Holands 1st Addition based on the following: A) The Com- mittee has no rules or guidelines to determine the best locations for private driveways; B) The reasons for having the driveway at either location are equiva- lent; C) There are no identifiable safety issues (the Committee recommends guard- rails be installed across the street from the Eastern location if that location is chosen); D) The staff reports from both the Planning and Engineering Depart- ments can better evaluate the problems and more accurately make the proper recommendations; E) The Committe cannot identify any other optional areas for the construction of a driveway. 2) Approval of installation of "NO PARKING ANYTIME? signs on the North side of Fuller Street from France Ave. Eastward to the Southwest comer of the St. Pet- er's Lutheran Church parking lot. That no recommendations could be made as to the construction of a driveway Ayes : Bredesen, Courtney, Richards , Schmidt, Van Valkenburg .Nays: None Motion carried. HUMAN RETATIONS . COIIMISSION CONCERNS CONTINUED. . Mrs'. Leslie Turner, Chairman of - the Human Relations Commission, asked that discussion on no-fault grievances be continued indefinitely and that discussion on Future Systems be continued until March 3, 1980. No formal action was taken. CXJB !AT SLFTXY LIQUOR LICENSES APPROVED. onded by Councilwomar, Schmidt for approval of Club and Sunday Liquor Licenses for Edina Country Club and for Interlachen Country Club. Councilman Courtney's motion was sec- Ayes : Bredesen, Courtney, Richards , Schmidt, Van Valkenburg Nays: None Motion carried. 50TH AND FRANCE PAKING RAMP STICKERS CONTINUED. As recommended by Mr. Rosland, Councilman Bredesen's motion was seconded by Councilman Courtney, continuing dis- cussion on the request of the 50th & France Business & Professional Association to increase the number of parking permits to a maldmum of 500 until the 1980 stickers are sold during March to determine the actual-demand. Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Hays: None Mot ion carried. SANDWICH FACTORY BEER LICENSE APPLICATION APPROVED, SUBJECT TO APPROVAL OF HEALTH DEPARTMENT. Motion of Councilman Courtney was seconded by Councilman Bredesen for approval of an, On-sale Beer License at the Sandwich Factory, to.be .located at 7300 Metro Blvd. Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. AMBULANCE CHARGE OBJECTIONS NOTZD. Mr. Rosland presented a petition containing 185 names which had been submitted by residents at 7151 York Ave. in objection to the new policy of charging $122.00 for ambulance service to Fairview South- dale Hospital. He explained that the bill will show costs for both Paramedics and the'ambulance so that Medicare costs will cover more closely the entire amount. No action was taken, ' LABOR E3LATIONS ASSOCIATES, INC. AGREEMENT APPROVED. Mr. Rosland presented an reneval agreement providing for' technical assistance in labor management relations between Labor Relations Associates, Inc. , and the League of Minnesota Cities and the Association of Metropolitan Municipalities , advising that the cost to the City for the year March 15, 1980 through March 14, 1981 will be $2,775.00. In response to a question of Councilman Bredesen, Mr. Rosland said that this-is 302 2 /25/ 80 a cooperative agreement with other municipalities and reconmiended that the Cicy continue to participate, inasmuch as Labor Relations Associates, Tslc., do the bargaining with the. 49ers and the Police Union 320. motion approving renewal of the agreement was seconded by Councilwoman Schmidt. Councilman Courtney's Ayes : Courtney, Richards, Schmidt , Van Valkenburg Nays: Bredesen Motion carried. TEMPORARY ON-SALE LIQUOR LICENSES FOR CITIES DISCUSSED. Mr. Rosland called-. Council's attention to a proposed statute for issuance to cities of temporary on-sale liquor licenses which had been drafted by the City Attorney and that Senator Bang had offered to author the Bill for the City. motion that the proposed Bill be sent to the City's legislators was seconded by Councilman Bredesen. I Councilman Courtney's Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. 1 PROPOSED RECREATION FEES CONTINUED TO NEXT MEETING. Council's attention was called to a schedule of recommended recreation fees for 1980. Following some dis cussion, Councilman Courtney ' s mot ion was seconded by Councilman Bredes en that the matter be continued to the meeting of March 3, 1980. Ayes : Nays: None Motion carried. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg HISTORIC PRESERVATION GRANTS NOTED. Council's attention was called to a memoran- dum fromMr. Sand advising that the Minnesota Historical Society has approved the two grant applications submitted by the City in August, 1979, and that both grants provide a 50% federal share, a 25% state share and require a 25% local contribution. Survey and the Country Club Research Project, with the City's share of the expense being $4,170. vas seconded by Councilwoman Schmidt. Mr. Rosland recalled that the grants cover the Historic Building Councilman Courtney's motion approving the City's participation ' Ayes : Bredesen , Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. FALSE ALARM CHARGE OBJECTION NOTED. objection to the City's new false alarm charge policy and that he had responded to the letter, advising the writer of the reasons for the charges. taken, The Nayor advised that he had received an No action was HUMAN RELATIONS COIMISSION CHEMICAL DEPENDENCY TASK FORCE REPORT CONMENDED. Councilman Bredesen expressed his congratulations to the Human iielations Gods-- sion Chemical Dependency Task Force for their excellent report and the issues . raised. He suggested that this could be the subject. of a special presentation to the Council and that society must face up to the problems caused by chemical abuse. No action was taken., H"EA.RING DATE SET FOR STREET IMPROVEMENT NO. P-BA-242. As recommended by Mr. Hoff- man, Councilman Richards offered the following resolution and moved its adoption: RESOLUTION PROVIDING .FOR PUBLIC HEARING ON IMPROVEMENT NO. P-BA-242 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvemsnt described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, 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 17, 1980, at 7:CO p.m. in the Edina City Hall to consider in public hearkg the views of all persons interested in said improvement. 3. The City Clerk is hereby authorized and directed to cause notice of the tbe, ' 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: (Official Publication) CITY OF EDINA 4801 W. 5OTH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING I i . PEEWENT STREET SUPU?ACfNG, CURB ANI GUTTER, STREET LIGIJTING, LANDSCAPING AND SIDEWALK IMPROVEMENT NO. P-BA-242 2/25/kO 303 E .. THE EDINA CITY COUNCIL will meet at the Edina City Hall on Nonday, March 17, 1980, at .7:00 p.m. to consider the following propossd improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: The approximate IMPROVEMENT NO: P-BA-242 ESTIMATED COST $437,161.84 Brookside Ave. from W. 49th Street to Brookside Court me area proposed to be assessed for part of the costs of the improvements include: South 5' of the East 1858' of Lot 25, Brookside Terrace Addition; Paul E. Olson & Son, South 50' of Lot 44, Auditors Subdivision 176; Lots 12 thru 18, Brookside Terz ace Addition; (1) all units in Lots 4 thru 8, Edina Terrace Addition; Lots 22 thru 24, Lot 26, plus Inc., Subdivision; North 66' of Lot 44, South 50' of North 10' of Lot 44, 4350 Brookside Court, A Condominium - Apt. OwnersKipyll 4360 Brookside Court, A Condominium - Apt. Ownership 67 4370 Brookside Court, A Condominium - Apt. Ownership 70 4380 Brookside Court, A Condominium - Apt. Ownership 5 and all interests of these units in Lots 1, 2 and 3, Block 1, Lot 1, Block 2, Dietrich's Brookside Court. Florence B . Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. . Rollcall: Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. ORDINANCE NO.. 1401-A5 ADOPTED ON SECOND READING. the following ordinance for Second Reading and moved its adoption: Councilman Courtney offered ORDINANCE NO. 1401-A5 AN ORDINANCE AMENDING THE EDINA TRAFFIC ORDINANCE TO REPEAL SECTION 4.16 RELATING TO U-TURNS Section 1. Sec. 2. This ordinance shall be in full force and effect immediately upon its Section 4.16 of Ordinance No. 1401 relating to U-turns is hereby deleted and repealed in its entirety. passage and publication. Motion for adoption of the ordinance.. was seconded by Councilman Bredesen. Xollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Ordinance adopted . ATTEST: ORDINANCE NO. 6 1142 ADOPTED ON SECOND READING. Councilman Courtney offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 611-A2 CODE MD THE NATIONAL FIRE CODE BY REFERENCE, AN ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE REPEALING ORDINANCE NO. 611, ESTABLISHING A BUREAU OF FIRE PREVENTION, REQUIRING PERMITS, AUTHORIZING ESTABLISHMENT OF FIRE LANES AND IMPOSING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, .ORDAINS: Section 1. Adoption of Codes and Standards. There is adopted and incor- (a) porated herein by reference as an ordinance of the City: The Minnesota Uniform Fire Code as promulgated by the Department of Administration of the State of Minnesota'and filed with the Secretary of State and Commissioner of Administration of the State of Ninnesota on October 3, 1975, (which code is hereinafter referred to as the "MUFC1') with the changes hereinafter set forth; and (b) The National Fire Code of the National Fire Protection Association, 1973 Edition (hereinafter "NFC") , volumes 1 through 16. . Sec. 2. Codes on File. One copy of each of the following codes, each marked "Official Copy", shall be filed in the office of the Clerk prior to publication of this ordinance ani shall remain on file in said office for use and examination by the public. (a) MUFC, with appendices; .. .. 304 1 (b) The hational Fire Code of the National Fire Protectior. Association, 1973 Edition, Volumes 1 through lop (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 "UBC"). The Clerk shall furnish copies of said codes or standards at cost to any person upon request . Sec. 3. Definitions. (a) (b) (c) Sec. 4. Establishment of the Bureau of Fire Prevention. Wherever the word "jurisdiction" is used in the MJFC, it shall mean the City of Edina. Wherever the term."corporation comcil" is used in the MJFC, it shall mean the Attorney for the City of Edina. Wherever the term "chief" is used in the IIUFC, it shall mean the Chief of the Edina Fire Department or his designated representative. The Bureau of Fire Prevention is hereby established in the Fire Depart- ment of the City. of the Fire Department. 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 time be necesszry. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Manager. ordinance with such statistics as the Chief of the Fire Department may wish to include therein; recommend any amendments to this ordinance which in his judgment shall be desirable. It shall be operated under the supervision of the Chief The members of the Bureau of Fire Prevention * It shall contain all proceedings under this the Chief of the Fire Department shall also Sec. 5.- Enforcement; Appeals. Tie provisions of this ordinance shall be enforced by the Building Official and the Bureau of Fire Prevention in accordance with Sections 3 through-10, inclusive, of Ordinanae No. 471. order .made by the Building Official or the Bureau of Fire Prevention shall be mde in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. Sec. 6. Permit Fee. The fee for each permit required by this ordinance and for each annual renewal thereof shall be $25.00. Y~Z ?io= the Sate sf isauaaca. Sec. 7. Orders Establishing Fire Lanes. The Bureau of Fire Prevention is hereby authorized to order the establishment of Fire lanes on public or privatz property as may be necessary in order that the travel of fire equipment may coi be interfered with and that access to fire hydrants or buildings may not be obstructed. marked by signs, r,ot more than 50 feet apart, bearing the words "NO PARKING, FIEE LANE," or similar aessage, and the adjacent curb or roadway shall be striped yell017 to clearly define limits of the fire lane. lic 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. 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 obstrucsng a fire lane, such Inspector or police officer is hereby authorized to provide fcr removal of such vehicle to the nearest convenient garage or other place of safety outside the lin5ts of the fire lane, at the expense of the owner. unless he or she shall have been given notice of the violation in writing and a reasonable time to comply. any order made 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 .(go) days with cost of prosecution in either case to be added. 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. Appeals from any - . All permits shall expire one When a fire lane has been ordered to be established, it shall be When the fire lane is on p~b- Thereafter, uo Sec, 8, Violation. No person shall be convicted for violating this ordinance Sec. 9. Penalty. Any person violating any provision of this ordinance or of Each such . Sec. 10. Amendments to MUFC. (a) FireMar &(a) of the MJFC 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 three stories or more in height con- tainiag 20 or more guest rooms, shall have installed therein an approved automatic and mvluaily operated fire alarm system designed to warn the occupants of the building in the event of fire. shall be so designed that all occupants of the building may be warned simultaneously. I' Such fire alarm system 3 05 (c) Section 13.307 of the UFC, as hdopted by the MUFC, is amended by adding thereto a new -paragraph to read as follows :"(e) Electric magnetic door holders shall be installed on all fire doors located in area separation walls. Such door holders shall also be installed on all fire doors and smoke doors in a stairwell or corridor that is not centrally air condi- tioned and pressurized. When door holders are installed on stairway OK smoke barrier doors, they shall be controlled and released by smoke detectors. the alarm and detection system in such a way that the doors will auto- Section 20.101 of the UFC, as adopted by the EfUFC, 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 perti- nent to systems for such uses and shall apply equally to both new and existing installat ions. Section 20.102 of the UFC, as adopted by the MUFC, is amended to read as follows: nected containers is 500 or more gallons water capacity, the installer shall obtain a permit and plan approval from the chief .I' (f) Section 20.105 of the UFC, as adopted by the MUFC, is amended to read as follows: "All single container installations with a total water storage capacity in excess of 1,000 gallons shall be protected by one or more of the following methods: 1) 2) I All electric magnetic door holders shall be connected to . matically close upon activation of the alarm system." (d) (e) "Where a single container or the aggregate of intercon- I. . Ebunded in an approved manner, or, Protected with an approved insulation on such areas that may be be subject to impingement of ignited gas from pipelines or other leakage, or, Protected by fire walls of approved construction; or, Protected by other approved means." 3) 5) ' 4) Protected by an approved system for application of water, or, Sec. 11. Interpretation. In the event of a conflict between the provisions of the MUFC and the provisions of this ordinance, the mre stringent provision shall apply. Provided, however, that no provision of this ordinance shall be - - interpreted 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. 611 is repealed in its entirety. Sec. 13. Tkls crdhaxce shall bz iri full force aad effect imedfatcly ~?oii its passage and publication. Ivlocion for adoption of the ordinance was seconded by Councilman Bredesen. Roll call : Ayes : Bredesen, Courtney, Richards , Sch Nays: None Ordinance adopted . ORDINhCE NO. 631-A1 ADOPTED ON SECOND READING. the following ordinance for Second Reading and moved its adoption: Councilman Courtney offered ORDINANCE NO. 631-A1 AN ORDINANCE AMENDING ORDINANCE NO. 631 TO PROHIBIT OPEN FLAME BARBECUES UNDER BALCONIES AND TO EXEMPT FLAEIE-ENCLOSED BARBECUES FROM THE PROVISIONS OF ORDINANCE NO. 631. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2 of Ordinance No. 631 is amended to read as follows: .on ~ any balcony or immediately under any balcony of a multiple dwelling or "No person shall set, kindle, maintain or permit any fire or open flame in any barbecue, torch or similar heating, burning or apartment house 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. I' Section 2. This ordinance shall be in full force and effect upon its pass- I age and publication. Motion for adoption of the ordinance was seconded by Councilman Bredesen. Rollcall : Ayes : Bredesen, Courtney, Schmit , Van Valkenburg Nays : Richards Ordinance adopted. 2 f 25/80 306 . ATTEST: IF CLAINS PAID. far payment of the following Claims as per Pre-List: Park Fund, $9,523.20; Art Center, $3,092.91; Park Construction, $20,216.98; Swimming Pool, $233.42; Arena, $17,004.35; Gun Range, $393.98; Water Works, $21,558.89; Sewer Fund, $4,308.12; Liquor Fund, $308,691.69; Construction, $13,696.19; Total, $555,355.29; and for confirmation of payment of the followbg claim: General Fund, $54,438.56; Park Fund, $10.00; Edina Art enter, $49.41; Golf Course, $418.27; Arena, $516.24; Gun Range, $19.99; Water, $556.63; Sewer, $96,944.27; Liquor, $132,814.72; Total, $283,768.09. Notion of Councilman Richards was seconded by Councilwoman Schmidt General Fund, $180,298.51; i Ayes : Nays: None Mot ion carried, Bredesen, Courtney, Richards, Schmiat , Van Valkenburg Council's agenda having been covered, the Mayor declared the meeting adjourned. Adj ournment at 12 55 a.m. L r?30L,,, City Clerk