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HomeMy WebLinkAbout19810601_regularPIIINU TBS OF REGUUR COUNCIL MEETING OF EDINA CITY COUNCIL TIEIdD A" CITY FLALL JUNE 1, 1981 125 Answering rollcall were Members Bredesen, Richards, Schmidt;, Turner and Mayor Courtney . ZONING 0N)INANCE ANENDMEET ADDING MIXED DEVELOPPIENT DISTRICT GRANTED FIRST READING. Affidavits of Motice were presented by Acting City Clerk, approved as to form and ordered placed on file. Elr. Hughes presented the ordinance for a Nixed Development District, stating the intent is to establish a mixed use district which would accommodate both office and residential uses; would include three subdistricts that vary in tenus of intensity and type of development, and would permit retail use within the development district. He explained that the ordinance is structured so that the basic intehsity of the development is deter- mined by the number of residential units that are allowed, and that once the number of residential units is determined then the non-residential floor area is based on the number of dwelling units providing an incentive by means of a schedule of bonuses for the developer to produce the maximum number of units. Plr. Hughes pointed out that the parking requirements for a Mixed Development District have been revised based on two factors: 1) a mixture of uses would have peak parking hours so the overall number of parking spaces could be reduced, and 2) a change in the overall dimensions of automobiles during recent years. commend granting First Reading with the understanding that Second Reading would be granted when the Winfield project is heard. number of potential sites in the City for proposed Mixed Development District zoning. Mr. Hughes responded that a number of probable sites were identified: the Entire area south of 76th Street extending over to France Avenue, the area in the northwestern part of the City north of the Wellace Kenneth property, and the Grand View area. The question of public safety was raised by Member Turner and Mr. Hughes responded that the security factor seems to be the biggest concern in the proposed Winfield development, i.e. how to keep the public using the park area from invading the residential area, Public Safety Director Buresh recommended that the developer address the issues of fire protection and security by consulthg with life safety experts before submitting plans for approval by Council. Eirs. Alison Fuhr asked how previous parkland dedication would be affected. Hughes clarified that the matter of previous parkland dedication for the southwest area of the City is not addressed in the proposed ordinance for a Mixed Develop- ment District, neither is it addressed in the proposed Winfield development, but likely would be addressed when the Hedberg property is redeveloped. There being no further comments, Member Richhrds offered the following ordinance for First Reading : Staff would re- Member Turner inquired as to the Mr. ORDINANCE NO. 811-A146 BY ADDING A MIXED DEVELOPMENT DISTRICT AN ORDINANCE AMENDING THE ZONING ORIIINAHCE (NO. 811) - THE CITY COGECIL OF THE cm OF EDINA, MINNESOTA ORDAINS: Section 1. Ordinance No. 811 is hereby amended by renumbering Section 13 (Definitions) and Section 14 (Administration) to Sectioil 14 and Section 15 res p ec t i-vely . district to the list of districts herein contained 3s follows: -. Sec. 2. Section 2 of Ordinance No. 811 is hereby amer,ded by adding a ne~s7 "Mixed. Development District (Section 13)" Sec. 3. Ordinance No. 821 is hereby amended by adding a new Section 13 as "Sec. 13. Mixed Development. District. 1. Purpose and Intent. The City Council af the City of Edina finds that in certain instances, the joint, integrated and harmcaious development of residentia; and non-residential gses on ci tract 03 land is beneficial and desirable. for residential uses in close proximity to employnent, shopping, services, and recreational opportunities and thereby reduce traffic congestion, enhance transit usagz, arid promote energy conversatioe. In addition, the provision of housing for low and moderate income iadividuals a.nd families czn be encouraged by mixed use developments, also encourage creativity, imagination, azld flexibility in site design and development. Therefore, the Mixed. Development District is hereby estab1 j-shed to accommodate special. features and needs of and to encourage mixsc? use developments and thereby to promote the general health safe.ty, and welfare of the residents of the City. follows : Such mixed use developments gi77e opportunity to providz Nixed use developments 6/1/81 -- 2, Objectives. The following objectives shall be considered in reviewing 126 any petition for Mixed Developmcnt District zoning: a) To encourage residences affordqble to low and moderate income individuals and families. b) To encourage recreational facilities, parks and cpen spaces to serve the needs of both residential and non-residential uses. c) Harmonious integration of residential and non-residential uses thereby reducing the incompatible aspects between such uses. d) Flexibility of design which may not be possible in single use districts. e) To encourage a multiplicity of residential and non-residential uses to take full advantage of the mixed use concept. f) To encourage mass transit opportunities. g) To reduce employment related and work related automobile trips, thereby reducing traffic congestion and encouraging energy conser- vation. 3. Mixed Development District Boundaries. The Mixed Development District hereby established shall be further subdivided into subdistricts desig- nated as District ID-3, District ID-4, and District MD-5, and shall be located as shown by amendments hereafter made to this paragraph. Requirements for Establishment of Mixed Development Districts. a) Size of District: 'I 4. 1) FD-3 - Xinimum Area No Minimum 2) >ID-4 - Ifininum Area 5 acres 3) MD-5 - Ninimum Area 10 acres For purposes of calculating the minimum site area, floor area ratios, lot coverage and all other restrictions relating to site size and dimensions established by this Section 13, a single Hixed Develop- ment District shall not extend beyond or be deemed to extend beyond the nearest right of way lines of adjacent public streets or highways, which were dedicated, conveyed or acquired prior to or as of the date of filing with the City of the petition for Mixed Development District Zoning. A proposed Nixed Development District which is separated by such dedicated, conveyed, or acquired rights of way shall be deemed to be two or more Mixed Development Districts, depending on how many separatioas result from such rights of way and all restrictions shall be separately appiicable to and must be net by each such separate district . The site proposed for Nixed Development District shall be under the the ownership or control of one person or group of persons and shall be reasonably capable of being planned and developed as an integral unit. b) District Limits: - I c) Ownership or Control: . d) Integrated Design: A Xixed Development District shall provide a harmonious selection of uses and grouping of buildings, services, parking, accessory uses, traffic and pedestrian circulation, and open spaces, and shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient, and compatible living, working, recreational, and shopping environment, A site proposed for Mixed Development District shall be identified as Mixed Use on the City of Edina Comprehensive Plan and the proposed use and development thereof shall comply with the goals, objectives, and policies of the Comprehensive Plan. e) Relationship to Comprehensive Plan: 5. Procedure for Nixed Development District Zoning and Subsequent: Review. a) Petition: A petision for rezoning to Mixed Development District shall be filed with the Planning Department, upon' fo-rms made available for that purpose, by the persons who o~m or control the entire land area proposed for Mixed Developmeni: District rezoning. must sign the petition. Every petition for the establishment of a Nixed Developrient District shall be accompanied by the following data which, in their entirety, shall constitutc an Overail Development Plan for the land area des- cribed in the petition. All drawings and plans shall be drawn to a scale of not sore than 50 feet to the inch. 1) All such persons b) Overall Development Plan: A boandary stmiey, and le@. descriptio;: of tSe enti-re !and zrea covered by the petition, prepared by a Ninnesota registered land surveyor including cristing topography wikh two foot contour tntervals, cxiscing tree ccvcr, water bodies, and other natural amenities. 6/1/81 m 0 a 5 A plan prgpared by a person trained or experienced in land use planning which shows the following: The location, general exterior dimensions, iiiaximum floor areas and maximum height in number of stories of all proposed buildings and other structures. The type and location of each use proposed to occupy each buildj-ng or structure and the approximate floor area devoted to each use. The location, arrangement, number, and dimensions of proposed automobile parking areas, vehicular entrances, exists, and driveways, and pedestrian walkways. The location and dimensions of proposed public streets and rights of way. The location, arrangement and dimensions, and management concept for all public and private recreational areas, parks, ,plazas, open spaces and other common areas, together with a description of the public and private, active and passive, recreational facilities to be provided therein. The general grading plan and drainage system. A schematic layout of all proposed watermains, sanitary sewers, and storm sewers. A schematic landscape plan illustrating the general types, sizes, and locations of landscape materials, The location and provisions for mass transit facilities for the use and benefit of the users and occupants of the Mixed Development District, A proposed- schedule of construction of major components of the development beginning at the time the requested rezoning is granted and continuing until all of the major components are completed. If the development is to be in stages or phases, then the components of each phase or stage and their proposed order shall be clearly delineated on the plan above referred to. All special provisions as to the environmental dzsign, building location, proposed building operations, location, amount and type of public or private open spaces and common areas and all other provisions to assure that the differing uses to be provided within the land area proposed for rezoniilg will be harmonious and compatible with one another and with the surrounding land uses. Abstract of Title and opinion of attorney for the petitioner regarding ownership and title. Community Development and 'Planning Commission Review: Within 60 days after receipt of information required by paragraph (b) above in a form satisfactory to the Planning Department, the Planning Department shall review the petition and Overall Development Plan and shall submit it to the Community Development and Planning Connnission. The petition and Overall Development Plan shall there- after be acted upon in accordance with Paragraph 6 of Section 12 of this ordinance, except as herein otherwise provided. The Cornunity Development and Planning Commission shall forward the petition, Overall Development Plan, and its recommendation to .the City Council upon finding that: 1) The proposed development is consistent with the City's Compre- hensive Plan. 2) The proposed development will not be detrimental to the surround- ing properties. 3) The development will not result in an overintemive use of land. 4) The residential and non-residential elements of the developinent are harmoniously integrated. 5) Suitable parks, open space, other common areas, and recreational facilities are provided or are availa'ble. 6) Other objectives of this Sec%ion have been reasonably met. Council Action: The City Council shall conduct a public hearing in accordance with Paragraph 6 of Section 12 of this ordinance. or reject the findings of the Community Developrcent and Planni.ng Commission and thereby approve or disapprove the Overall Develop- ment Plan. it may, in connection with such approval, cmdition the approval in such a manner and .impose such requirements as it may determine, to ensure coinpliance with this oi_.Jlnance, requirements are 5mposed, they shall be met and fulfilled prior to the second reading of the ordinance amendment. after two readings, shall order the publication oE the ordinance The Council my accept If the Council approves of the Overal1 Development Plan, .If such conditiozs and The City Council, 6/1/81 E) Development: 1) Final Site Plans: 5) B Final site plans for each phase shall be reviewed by the Community Development and Planning Commission and City Council. prior to the issuance of any building permits for that phase of the proposed development, The Director of Planning shall report to the City Council on the consistency of the final site plans with the approved Overall Development Plan and shall specify any recommended modifications to the final site plans. The City Council may re- quire modifications to the final site plans to insure that the proposed development is consistent with the approved Overall Development Plan. Data and Information Required: In addition to the data included in the approved Overall Develop- ment Plans, the following information and data shall be included in the final site plans: a) The exact location, arrangement, and dimensions of all build- I ings, structures, streets, drives, parking areas, and other site improvements. b) Elevations, sections and general specifications of exterior materials, of all buildings and structures. c) Schematic floor plans of all buildings. d) Landscape plans indicating plant species, location, and size class. . e) Preliminary drainage, utility, erosion control, and final grading plans. f) A circulation plan showing locations and designs of driveways, intersections, parking areas, loading areas, maneuvering areas, and pedestrian systems. Detailed plans of public and private recreational areas, parks, plazas, open spaces and other common areas. g) h) Copies of all proposed protective covenants, agreements, and ’ provisions which will influence use, management, and mainte- nance of the development. Findings : The City Council shall approve the final site plan for the develop- ment for the phase then to be constructed upon finding that: a) The final site plan is in full compliance with the approved plan. b) The approved development schedule is being implemented. c) The final site plan is in conformance with the provisions of this Section and other applicable provisions of this ordinance. Conditional Uses: Conditional use permits shall be considered concurrently with final site plans. The Community Development and Planning Commission shall review and issue a recommendation on all requests for condi- tional use permits. After reviewing the recommendation of the Community Development and Planning Commission, the City Council shall act on the conditional use permit. The City Council may attach such conditions to the permit as it deems necessary. No conditional use pennit shall be granted unless the City Council - finds that the following criteria have been met: a) b) c) The proposed use will not harm public health, safety, and d) e) .I The proposed use is contained within or adjacent to a principal use structure. .The proposed me is architecturally compatible to principal use structures. welfare or create a nuisance. The proposed use will not cause excessive traffic congestion or parking demands. The proposed use will. provide goods and services beneficial to the needs of the residents and occupants principal uses and surrounding properties. The proposed use will have direct pedestrian access to a principal use. The proposed use conforms to the requirements of this ordi- nance, . I f) g) Platting : In conrrectfon with, and as a condition to, approval of any final site plans by thz City Council, the tract of land zoned Mixed Development District shaJ 1 be platted pursuant to and in accord- slice vith Edina Ordiuance No. 801, 129 Upon approval of the final site plan by the City Council, a building pmmit application shall be submitted to the City Building Official who shall pro cess the permit in conformance with applicable City Building Code and other applicable ordinances, The City Building: Official may process the building permit appliration concurrently with the final site plan review by the City Council, building permit shall not be issued until the City Council has granted final site plan approval. a phase of the development shall allow or permit issuance of a build- ing permit only for structures within that phase and not for any other phase. In the Mixed Development District, no building or land shall be used However, a Approval of a final site plan for ' 6. Specific Uses Permitted in Districts: a) I and no building shall be erected, structurally altered, converted or enlarged except for the following principal uses: 1) Multi-family residence Suildings and Senior Citizen residence buildings containing at least 10 dwelling units. 2) Publicly owned or operated civic and cultural institutions. 3) Publicly owned park and recreational facilities and public safety facilities. 4) Transit facilities. 5) Offices, business and professional. 6) 7) Post Offices. 8) Public parking facilities. Accessory Uses : Permitted accessory uses include those subordinate uses which are clearly and customarily incidental to the principal uses, such as driveways, parking areas, yards, garages, and recreational facilities intended solely for the use and enjoyment of residents of a resi- dential principal use as well as nurseries and child day care facilities. Conditional Uses: The following uses may be permitted subject to grant of a conditional use permit. The total gross floor area devoted to all conditional uses shall not exceed 10% of the gross floor area of all buildings ' exclusive of all publicly owned or operated uses and parking facilities: 1) Financial institutions without drive-up facilities. Private recreational facilities other than those intended solely for the use and enjoyment of residents of a residential principal use. Drive-up banking facilities and any other drive-up facilities. All principal uses allowed in the C-1 and C-2 Commercial' Districts except: a) Animal hospitals and kennels. b) Automotive accessory stores. c) Club and lodge halls. d) Exterminating off ices. e) Garages for storage, repair and servicing of motor vehicles. f) g) Pawn shops. h) 2) 3) Parking lots and garages, except those aliowed as a principal or accessory use. Undertaking and funeral home establishments. 7. - Restrictions on Uses Permitted Within the Mixed Development District: a) Residential Density: The total area of the Mixed Development District, exclusive of existing public street rights of way, shall not be less than the sum of the minimum lot area for each dwelling unit adjusted by the bonuses permitted hereunder: Minimum Lot Area Per Dwelling Unit MU-3 4400 square feet MD-4 3600 square feet MD-5 3300 square feet MD-3 1000 square feet MD-4 1000 square feet Mu-5 1500 square feet For each parking stail within or ui;lder the multiple residence building and available €or use by residents, subtract 500 square feet per stall. dwelling unit shall be courtted for purposes of this bonus. Maximum Bonus Permitted Schedule of Bonuses 1) No inore than one and one quarter aral1.s per 6/1/81 I30 For each bedroom in excess of two in any one dwelling unit, add 250 square feet per each such bedroom. If the total lot coverage of all buildings and structures (excluding those portions of a11 buildings devoted to public or private parks, or accessory recreational. facilitiza) is less than 20%, subtract 250 square feet per dwelling unit. If the Nixed Development District includes or adjoins a publicly owned park that is now developed or is programmed to be developed with recreational facilities or other facilities for the use and enjoyment of the general public, subtract 400 square feet per dwelling unit, For each dwelling unit reserved for sale or rent to persons and families of low and moderate income, as defined by and pursuant to an agreement approved by the Housing and Redevelopment Authority of Edina, Minnesota, subtract 600 square feet. Non-residential Density: The gross floor area of all non-residential uses, exclusive of publicly owned and operated civic, cultural, and recreational facilities, transit facilities, and uses accessory to residential units allowed on the site, as provided for by Paragraph 7 (a) of this ordinance, shallnot exceed the basic allowance set out below, adjusted by the bonuses below stated: Basic Allowance 500 square feet of non-residential floor area per each allowed dwelling unit. Maximum Bonus Permitted 350 square feet Schedule of Bonuses 1. If 50% or more of the required number of parking spaces for the non-residential use are completely underground, add 250 square feet of non-residential floor area per dwelling unit. If mass transit stations are established within a principal use, add 100 square feet of non-residential floor area per dwelling unit. 2. Lot Coverage: Not more than 30% of the tract zoned Mixed Development District shall be covered by buildings or structures. Publicly owned or operated civic, cultural, and recreational facilities and transit facilities shall not be included in lot coverage computations. Floor Area Ratio-: The ratio betveen the gross floor area of all non-residential buildings 2nd the total area of the entire tract zoned Nixed Development District shall not exceed 0.5 publicly owned or operated civic, cultural, and recreational facilities and transit facilities shall not be included in floor area ratio computations. Useable Open Space: 400 square feet of useable open space per dwelling unit shall be- provided. Publicly owned or operated civic, cultural, and recreational facilities may be counted as useable open space. Driveways, parking areas, and areas having a width of less than 20 feet shall not be considered useable open space. Setbacks : KD-3 Front & Side Street 35 feet Side 20 feet Rear 30 feet The minimum building setback from all public streets or from Mixed Development District boundaries shall be 35 feet or the height of the building, whichever is greater. The minimum building setback from all public streets or from Mixed Development District boundaries shall be 50 feet plus one half foot for each foot of building height in excess-of 50 feet. Building Height: MD-4 ID-5 District lfaximum No. of Stories *ID-3 3 m-4 $JD-5 4 - - 8. Off Street Parking: r a) Blinimum Number of Spaces Required: The following minimum nurnber of spaces shall be located on the Mixed Development District: 1) Residential : *_ One enclosed parking space and one half exposed parking space for each dwelfhg unit. 2) Non-Residential. Uses : 13% Exclusive of publicly owned ‘and operated civic, cultural and recreational facilities, transit facilities, and uses accessory to residential uses. Gross Floor Area (G.F.A.) Required Spaces 0 - 20,000 sq. ft. 1 space for each 200 sq. ft. 20,000 - 200,000 sq. Et. 1 space for each C(.0005 x G.P.A.) 200,0001- sq: ft. 1 space for each 300 sq. ft. 4- 1901 sq. ft. Lo cation : The required number of off-street parking spaces shall be located ’ on or under the tract of land zoned Mixed Development District. Required parking spaces shall not be separated from the principal -. use by a public street. shall be located within 500 feet of the entrances to the principal use. within 20 feet of street right of way lines or within 10 feet of Mixed Development District boundaries. Design and Construction: Off-street parking areas shall be so designed that vehicles can be parked in a convenient and orderly fashion. be surfaced and maintained with a hard, all-weather, durable, dust- free surfacing material and shall be properly drained. parking space shall be clearly outlilied or otherwise marked and shall have a minimum width of 8 1/2 feet and a length of 18 feet exclusive of aisles and maneuvering space. Clear aisle widths shall be 22 feet for 90 degree parking. Traffic shall be able to move from one part of a parking lot to another without using a public street. At least 75% of the required parking spaces No parking areas including drive aisles shall be located Parking areas shall Each 9. Storage: All raw materials, supplies, finished or semi-finished products, motor vehicles, recreational vehicles and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored within the permitted parking lot areas if screened from view from a public street and adjacent properties. 10. Off-street Loading: There shall be provided at least one off-street loading facility for an office building having a gross floor area of 20,000 to 100,000 square feet and one additional facility for each 100,000 square feet or major fraction thereof over the original 100,000 square feet. The location, design and screening of loading areas shall be subject to the same restrictions applicable to off-street parking area. 11. Trash and Garbage Incinerators; Storage: No exterior incineration of trash or garbage is permissible. No exterior storage of trash or garbage is permissible except in an accessory building completely enclosed by walls and a roof. All exposed ground areas, including street boulevards, which are not devoted to drives, sidewalks, or other such uses shall be landscaped with grass, shrubs, trees and other ornamental landscape materials. All landscaping shall be kept neat, clean, and uncluttered, No land- scaped area shall be used for the parking of vehicles or storage of any materials. 12. Landscaping : ZONING HEARING FOR WINFIELD DEVELOPMENTS CONTINUED TO JULY 8, 1981. As recommended by Mr. Hughes, Nember Bredesen’s motion to continue the hoaring to July 8, 1981, for Winfield Developments for rezoning from R-1 Residential District to Mixed Development District was seconded by Member Richards. : Ayes: Bredesen, Richards, Schmidt, .Turner, Courtney. Nays: None Motion carried. DIVISIONS OF LOT 8, BLOCK 1; TAT 11, BLOCK 1; LOT 12, BLOCK 1, THE HABITAT AFPROVED, Mr. Hughes presented the petition for divisions of Lot 8, Block 1; Lat 11, Block 1; and Lot 12, Block 1, The Habitat, along the party wall of three recently COP- structed two-family dwellings, advising that individual utility connections are provided to these units. MG objections being heard, Member Turner offered the following resolutions and moved their adoption: WHEREAS, the following described property is at RESOLUTION --I_ Lot 8, Block 1, The ?Jabitat; and present: a single tract oE land: 6/1/81 - 132 WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as fo-llows : That part of Lot 8, Block 1, The Habitat, lying Northerly of a line drawn from a point on the Westerly line of said Lot; 8, distant 77.07 feet Northwesterly of the most Southwesterly corner of said T,ot 8 to a point on the Easterly line of said Lot 8 distant 72.69 feet Northerly of the most Southeasterly corner of said Lot 8, as measured along said Easterly line; and That part of Lot 8, Block 1, The Habitat, lying Southerly of a line drawn from a point on the Westerly line of said Lot 8, distant 77.07 feet Northwesterly of the most Southwesterly corner of said Lot 8 to a point on the Easterly line of said Lot 8 distant 72.69 feet Northerly of the most Southeasterly corner of said Lot 8, as measured along said Easterly line; and I WHEREAS, 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 Ordinances Nos. 811 and 801; NOW, THEREFORE, it is hereby 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 Ordinances Nos. 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 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 approvai of this Council as may be provided for by those ordinances. WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels) described as follows : - RE SOLUTION Lot 11, Block 1, The Habitat; and I That part of Lot 11, Block 1, The Habitat lying Northerly of a line described as follows: Commencing at the Southeast corner of said Lot 11, thence on an assumed-bearing of North 00 degrees llminutes 25 seconds West along the East line of said Lot 11, a distance of 128.15 feet to the actual point of beginning of the line to be described; thence South 39 degrees 05 minutes 32 seconds \Jest a distance of 104.08 feet; thence South 84 degrees 05 minutes 32 seconds West a distance of 72.98 feet to a point on the Southwesterly line of said Lot 31, distant 5.62 feet Southeasterly of the most Westerly corner of said Lot 11, as measured along said South- westerly line and there terminating. Subject to a driveway easement over the Westerly 30 feet thereof; and That part of Lot 11, Block'l, The Habitat lying Southerly of a line described as fo~~0~7s: Commencing at the Southeast corner of said Lot-11, thence on an assumed bearing of North 00 degrees llminutes 25 seconds West along the East line of said Lot 11, a distance of 128.15 feet to the actual point of beginning of the line to be described; thence South 39 degrees 05 mimtes 32 seconds West a distance of 104,08 feet; thence South 84 degrees 05 minutes 32 seconds West a distance of 72.98 feet to a point on the Southwesterly line of said Lot 31, distant 5.62 feet Southeasterly of the most Westerly corner of said Lot 11, as measured along said South: westerly line and there terminzting. Subject to a driveway easement over^ the Westerly 30 feet thereof. WQEREAS, 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 Ordinances Nos. 811 and 801; NOW, THEREFORE, it is hereby 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 Ordinances Nos. 811 and 801 are hereby vaived 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 said Ordinances are not waived for any other purpose or as to any other provisions thereof, and Eurther subject, hcwcver, tc the pzcvision that no further subdivision 5e made of said Farcels unless made in compliance with the pertinent ordinances of the City of Edina or ~7ith the prior approval of this Council as niay be provided for by those ordinances. I I 133 RESOLUTION WIUREAS, the following described propcrty is at present a single tract of land: WHEREAS, tlie owners have requested tlie subdivision of said tract into separate 7arcels (hercin called "Pa-rcels") described as follows : That part of Lot 12, Bloclc 1, The Habitat, according to the recorded plat: thereof, Hennepin County Minnesota lying Northerly of a line drawn from a point on the East line of said Lot 12, distant 67.77 feet North of the Southeast corner of said Lot 1.2, to a pcint on the West line of said Lot 12 distant 48.39 feet North of the Southwest corner of said Lot 12, and That part of Lot 12, Block 1, The Habitat, according to the recorded plat thereof, Hennepin County PIinnesota lying southerly of a line drawn from a point on the East line of said Lot 12, distant 67.77 feet North of the Southeast corner of said Lot 12, to a point on the West line of said Lot 12 distant 48.39 feet North of the Southwest corner of said Lot 12. Lot 12, Block 1, Thc Habitat; arid WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it 'has been determined that compliance with tlie 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 Ordinances Nos. 811 and 801; NOW, THEREFORE, it is hereby 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 oE Ordinances Nos. 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 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. Motion for adoption of the resolutions was seconded by Nember Bredesen. I a 0 a -3 a Rollcall : Ayes: Eredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolutions adopted. HEARING DATES SET FOR VARIOUS P-MTNING MATTERS. As recmmended motion of Member Richards was seconded by Member Turner setting by Mr. Hughes, June 15, 1981, as hearing date for the following: 1. - One Corporate Center, Phase 6 - Preliminary Plat Approval 2. Landico, Inc. - Zoning Change froin C-4 Commercial District to PRD-5 Planned Residential District 3. Leo Evans - Zcning Change from R-1 Residential District to PRD-2 Planned Residential District Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. 'LOT 2, BLOCK ' 1 'AND LOT -1, ' BLOCK 2 ; BROOKLINE '.ADDITION 'EASEMENT "VACATIOW GWTED . Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Hoffman presented the petition of the owners of Lot 2, Block 1 and Lot 1, Block 2, Brookline Addition, for vacation of utility and drainage easements on the subject properties. He explained that the City had vacated the street rights for public road purposes in 1965 but had retained utility and drainage easements, but there are DO sewer or water mains located there 2nd would recommend the easement vacation be granted. Mr. Hoffman added that he had received several telephone calls from residents living in the area to the west voicing concern that if the easement vacation was granted it would block access to the bus stop on 57th Street and Xerxes Avenue as the property owners intended to construct a fence Setween their properties. Mr. Peter Ephardt, 5700 Xerxes Avenue So., owner of Lot 1, Block 2, informed Council. that people were abusing the property by crossing over the front and 'back yards instead of using the driveway to go to aad from the bus stop and for that reason they: did intend.,tlo erect a fence. 'build a double garage at the end of the driveway, Ivlr. Rosland questioned if he planned to establish a new buildable Lot and Mr. Ephardt responded that he did not, khat the easezcent vacation was requested only to improve the property. Annie Ealdwin, 5628 Xerxes Ave. So., owner of Lot 2, Block 1, rei.terated that their properties were heiag abuszc! by people using the bus stop.and that the fence would prevent this abuse. offered the following resolution and mwed its adoption: Mr. Ephardt also said that he planned to No objections 'being heard, Pfzinber Eredesen 134 IGSOLUTION VACATING EASENENT ITOR UTILTY ANI) DRAINAGE 1'URPOSES WHEREAS, a resolution of the City Council, adopted the 4th day of Ploy, 1981, fixed a date for a public hearing on a proposed vacation of easement for utility and drainage purposes; and TJHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 1st day of June, 1931, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and S*EIEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council has considered the estent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling 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 maiataining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of the utility and drainage easement be and is hereby vacated effective as of June 2, 1981: The Southerly ten (10) feet of Lot 2, Block 1, and adjacent 1/2 of vacated street; and the Northerly ten (10) feet of Lot 1, Block 2, and adjacent 1/2 of vacated street, all in Brookline Addition; and that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Schmidt. I c Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. SANITARY SEWER EASEMENT VACATION GRANTED FOR ONE CORPORATE'CENTER'PHASE'4 OR'ONE CORPORATE CENTER PHASE 5. Affidavits of Notice were presented by Acting Clerk, ~~ ~ I approved as to form and ordered placed on file. held an easement by document for sanitary sewer purposes over a portion of One Corporate Center Phase 4 and One Corporate Center Phase 5, and that Ryan Construct- ioa Company is petitioning for vacation of that easement in lieu of new easements being shown on the plats. requested authority to maintain their power lines and poles located on a portion of the easenent. ions being heard, Member Richards offered the following resolution and moved its adoption: P3SOLUTION VACATING Mr. Hoffman advised that the City He continued that Northern States Power Company has Staff would recommend granting vacation of the easement. No object- EASEMENT FOR SANITARY SEWER PURPOSES WHEREAS, a resolution of the City Council, adopted the 4th day of Nay, 1981, fixed a date €or a public hearing on a proposed vacation of easement for sanitary sewer purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 1st day of June, 1981, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and TJHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WmREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling 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 maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that only that part of the following described portion oE the sanitary sewer easement: located on One Corporate Center Phase 4 or One Corporate Center Phase 5 be and is vacated effective upon new sanitary sewer easements being shown on the plats for One Corporate Center Phase 4 and One Corporate Center Phase 5: 1. The West ten feet (10') of that part of the East Lwenty-three and thirty-six I hundredths (23.36) acres of Government Lot 2, Section 9, Township 116, Range 21, except road, lying South of the North nine hundred fifty-five and fi;e tenths feet (955.5') thereof; and as follows: 2. A strip of land ten feet (10') in width, the center Line of which is described 6f J /U.l. 135; Commencing at a point one hundred feet (100') west of the east line of Government Lot 2, Section 9, Township 116, Range 21; which point is six feet (6') south of the center line of HSbiscus Avenue cxtcqided westerly; thence westerly to a point which is one hundred seventy-six feet (176') west of the east line o€ said Government Lot 2 and sixteen Ecct (16') south of the center line of Hibiscus Avenue extended; thence wcstcrly to a point which is five feet (5') east of the west line of the east twenty-three and thirty-six hundredths (23.36) acres of said Government Lot 2, escept road and sixteen feet (16') south of the center line of Hibiscus Avenue extended; thence southerly five feet (5') east of and parallel to the west line of the east twenty-three and thirty-six hundredths (23.36) acres of said government Lot 2 to the south line of the north nine hundred fifty-five and five tenths feet (955.5') of the east twenty-three and thirty-six hundredths (23.36) acres of said Government Lot 2, except road; ("A"); and Also a triangle of land described as follows: Commencing at a point which is twenty-one feet (21') south of the center line of Hibiscus Avenue extended westerly and ten feet (10') eas.t of the west line of the east twenty-three and thirty-six hundredths (23.36) acres of said Lot 2, except road; thence easterly, parallel to the center line of Hibiscus Avenue extended a distance of twenty feet (20') ; thence southwest- erly to a point which is forty-one feet (41') south of the center line of Ilibiscus Avenue extended and ten feet (10') east of the west line of the east twenty-three and thirty-six hundredths (23.36) acres of said Lot 2, except road; thence northerly to point of beginning ("B") . Provided, however, that after due consideration, the Council has determined and hereby specifies that the foregoing vacation shall not affect, and there is hereby continued, reserved, and retained, the following existing easements and authority in, on, and under the above vacated area: (a) above vacated area to maintain, repair, replace, remove, or otherwise attend to, all of the electric poles and lines ROW in, on, or under the above vacated area; and that the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Sectlion 412.851. Motion for adoption of the resolution was seconded by Member Bredesen. The authority of Northern States Power Company to enter upon the Rollcall: .Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. - BID AWARDED FOR REPAIR/RESURFACE OF NORMANDALE PARK TENNIS COURTS. presented tabulation of two bids for repair and resurfacing of two tennis courts at Normandale Park, showing Tennis West low bidder.at $2,664.00 and 3, L. Dis- tributors at $2 877.30. Member Richards' motion &is seconded by Member Schmidt for award of bid to recomended low bidder, Tennis West at $2,664.00. Mr. Rosland Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Mot ion carried. BOARD OF REVIEW SCHEDULED FOR JUNE 8, 1981. Mayor Courtney reminded Couccil that the Board of Review will meet on June 8, 1981, at 5:OO p.m. in the City Hall Council Chambers. SUBDIVISION DEDICATION GUIDELINES REVIEW CONTINUED TO JUNE 15, 1981. Because the new subdivision statute adopted by the iegisature in 1980 contains revised language relating to subdivision dedications, Mr. Rosland recommended this matter be continued to June 15, 1981, so that the City Attorney and staff could study the new statute in more detail before Council reviews the City's dedication guidelines, the Subdivision Dedication Guidelines review to June 15, 1981. Motion of Member Richards was seconded by Member Schmidt to continue Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. 'PAYMENT OF - S'ME OF LEAGTJE OF NINNESOTA CITIES - BUILDING APPROVED. informed Council' that payment is due €or the City's share of the new building Mr. Rosland for the League of Minnesota Cities in the amount of $2,518 per year spread over a period of ten years. Member Turner's motion to approve pTyment of $2,518 per year spread over a period of ten years for City's share of new League building vas seconded by Member Schmidt. Ayes: Richards, Schmidt, Turner, Courtney Nays: Bredesen Morion carried. 6/1/81 136 LETTER PROM EI?INA CARE CENTElZ REGARDING PARKING RESTRICTIONS RISFERllED TO TRAFFIC SAFETY CONNITTEE. Edina Care Center addressed to Chief Swanson requesting the removal of the parking restriction from 4 p.m. to G p.m. on Heritage Drive. secmded by Member Bredesen to refer the matter to the Traffic Safety Committee. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None No tion carried. Pfayor Courtney called Couiicil's attention to a letter from the ' - Notion of Elember Richsrds was FEES AND CHARGES ORDINANCE NO. 171 ADOPTED ON FIRST READING; SECOND READING WAIVED. Mr. Rosland advised that the new proposed Ordinance No. 171 is a codification of all the fees and charges collected by the City; that it will make the location of all the fees an easy task; and that the adjustment of the fee amounts in the future will be greatly simpiified. He explained that as a result of the research necessary to prepare the proposed Ordinance No. 171, staff found some items that needed either clarification or correction to existing ordinances, and the need to create three new ordinances to codify some fees that were not under ordinance. existing ordinances. ing ordinance for First Reading, with waiver of Second Reading and moved its adoption: I Mr. Rosland . recommended adoption of the proposed new ordinances together with amendments to No objections being heard, Hember Schmidt offered the follow- ORDINANCE NO. 171 AN ORDINANCE REPEALING THE AEiOUNTS OF FEES AND CHARGES WHICH ARE REQUIRED BY CERTAIN ORDINANCES TO BE PAID TO THE CITY, ESTABLISHING THE AMOUNTS OF SUC5 FEES AND CHARGES IN A SINGLE ORDINANCE AND DfPOTJERING THE CITY MANAGER TO ESTABLISH THE AMOUNTS OF FEES AND CHARGES NOT ESTABLISHED BY ORDINANCE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: . Section 1. Repealer. The dollar amounts of the fees and changes required by the ordinances set forth in Section 2 hereof are hereby repealed; provided, however, that the right to collect any fee or charge due payable prior to the effective date of this ordinance is not hereby repealed. Sec. 2. Establishment of Amounts of Fees and Charges Required by Ordinance. The dollar amounts of the fees and charges required by the ordinances described on the list attached hereto as Schedule A and made a part hereto shall be set forth on said list. The language appearing in said list under the column head- ings "Ordinance No.", "Section No.", "Purpose of Fee or Charge" and "Fee No." and the language, other than dollar amounts, appearing in said list under the column heading "Amount" is included in said list for reference purposes only and shall not be considered in interpreting the ordinances described in said list. Sec. 3. Fees and Chakges Not Established by Ordinance. Fees shall be pay- able to the City in amounts from time to time established by the City Manager or State Statute for miscellaneous items and administrative services including, with- out limitation, the following : Ordinances and ordinance book binders. Maps. 35inutes of City Council and various commission meetings. Agenda. Printed €oms. Xerox copies. Certified copies. Special assessment searches. Police Department fingerprint cards, Land use plans. Notary public. License fee refund charge, Permit fee refund charge. 4. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance w2s seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Or2inance adopted. ATTEST : ,- ,- 6/3/85 SCHBIlU1,E A ORDINANCE NO. 201 202 SECTION NO. PURPOSE OF FEE OR CIURCE FEE KO. - AEIOUNT __I 5 Public dance pemit $5.00 1 4 Boiling alley license Business enterprise - $10.00 per annum per lane Bona fide club - $5.00 per annum per lane 20 2b 5 Kart track license $5.00 per kurt or $40.00, whichever is greater 3 4 Bine0 occasion, Eamblhg $25.00 per annum '4 device, raffln license 3 Mechanical amusement $lOO.OCJ per machine for machines described in Section l(n) 5Q device license $25.00 per machine for machines.not described in Section l(a) 5b 4 Theater license . $100.00 per annum 6 5 Redemption of horses, For each animal (other than fowl), the sum of $1.00 and ?a ?a milles, asses. cattle. or domestic fowl impounded under Ord. No. 301 . 75k per day impounded hogs, sheep, goats, kids For each fowl, the sum of 25L and the cost of feeding 2 Dog license $10.00 per dog or $5.00 per,neutered dog 8a 203 204 211 212 301 311 311 311 406 11 Redemption of animals impounded under Ord. No. 311 license fees For each animal the sum of $25.00 and $5.00 per day impounded and eny veterinarian service costs and unpaid 8b a 0 23 Commercial kennel $50.00 per year or fraction thereof license 8c 1 Building permit If total valuation of work is: Then amount is: $1.00 to $1,000.00 $11.00 9a $1,000.00 to $2.000.00 $11.00 for first $1,000.00 9b plus $1.10 for each additional $100.00 or fraction thereof up to $2.000.00 $2,000.00 to $25,000.00 $22.00 for first $2,000.00 9c plus $4.40 foi- each additional $1,000.00 or fraction thereof up to $25,000.00 $25,000.00 to $50,000.00 $123.20 for first $25,000.00 9d plus $3.30 for each addltional $1,000.00 or fraction thcreof up to $50,000.00 $50,000.00 to $100,000.00 $205.70 for first $50.000.00 9e plus $2.20 for each additional $1,000.00 or fraction thereoE up to $100,000,00 $100,000.00 to $500,000.00 $315.70 for first $lOO,OOO.OO 9f plus $1.65 for each additional $1,000.00 or fraction thereof up to $500,000.00 $500,000.00 and up $075.70 for first $500,000.00 3g plus $1.10 for each additional $1,000.00 or fraction thereof L 408 1 Building Code compliance inspections $40.00 per hour with a minimwn of $40.00 10 411 411 2 Permit for moving of buildings Z(e) Indemnity for damages sustained by reason of the moving of buildings $50.00 llil llb $500.00 38 Oil burner installer's $10.00 except where the license will explre within 6 nonths, . 12 license, stoker in which case the anount is $5.00 installer's license, steam and hot water heating system installer's license, mechanical warm air heating and air condi- tioning system installer's license, refrigeration system installer's llcecae 429 631 431 21 Gasfitting license $10.00 except vhcre the license wlll expire within 6 montho, 13a in which case the amount is $5.00 29 Water conditioning $lO.GO equipment ins talla tion pernit 13b 432 15 Plumbing pervllt, gas Each fixture $ 4.50 Z4n fitting permit Kough-in flxtures 3.50 t4h Setting flxtures on prevloue wiiah-in 3.50 14c Bear dispecscr [when coniiected wlth water supply) 3.50 14d NO. NO. PURPOSE OF FEE OR CIUHGE 432 A-1 15 cone. 433 6(a) Warm air, ventilation, air conditioning warm air winter heating work permits - -. -- .- -.-. - \ 433 a ' 6(b) Ham air all-year condi- tioning system work -- pernits AMOUNT - lllow o bnah Catch win/ClarnmnbLc waste trap Electric wnter hcnter llydrnullc vaLve Etanhoies Ncu ground run for existing buildlng Roo€ drains Sump and recelvlng tanks Water treating devlce (softener) For Extcndinp, Water Lines: up to 1-112" Over 1-112" Automatlc unsher Refrigerator cut into water line Air conditioning Sprinkler system (fire or lawn) Sewer - sanitary or storm Water Installing water meter Tam : 514" 1" Road repair: Gravel, per 2 x 4 hole Black top, per 2 x 4 hole Concrete, per 2 x 4 hole Heavy duty asphaltic cement, per 2 x 4 hole For three (3) openings on gas: up to 2" Over 2" Cas stove Hot water heater, up to 99,000 BTU I Gas light Gas barbeque ' Incinerator 1. Furnace - including ducts, registers, etc. Gravity ) Up to and including Hechanical ) 100,000 BTU's input Each additional 50,000 BTU's 2. Replacement - furnace only Gravity ESecIianical ) 100,000 BTU's ) Up to and including Each additional 50,000 BTU's input or fractlon thereof 3. 4. 5. 1. 2. 3. fl . 5. Alteration, additions or repairs to existing system (such as air cleaner, humidifiers, ducts, etc.) Up to $500.00 Each additional $500.00 or fraction thereof Air conditioning coils added to existing system up to 1,000 CFEt Each additional1,OOO CFM or fraction thereof Direct gas fired unit used as a winter air conditioning system Furnace - alr conditioning coil, ducts, registers, air cleaner, humidifiers, etc. 100,000 BTU input heating and 1,000 CM air conditioning Each additional 50,000 BTU input heating and/or 1,000 CFEt air conditioning or fraction thereof Duct sys tcms-hen t ing-air conditioning : (Other thnn steam or hot water heating plant, equtpmcnt, cooling coils or electrlc hcoting.equipment) up to $SUO.OO Each additional $500.00 or fraction tllcrcof Each system - liaating and cooling IJp to ond lncludlng 1,000 CFH Each additioaal1,OOO CFM or fraction thereof Heating or COOlhg only Up KO nnd including 1,000 CFM Each ndditional 1,000 CFtt or fraction thereaf .Uteriition, ndditiom or rcpilrn to erinting wctcm Up to 3500.00 Escli nddLticiaal $500.00 or frnction thereof $ 5. 5. 0 4. 0 5. 0 5.50 5.50 4.50 5.50 5.50 4.50 5.50 11.00 11.00 11.00 23.00 25.00 10.00 30.00 40.00 50.00 11.00 15.50 $ 5.50 5.50 5.50 5.50 5.50 . 21.00 5.50 11.00 5.50 . 11.00 5.50 15.50 5.50 Fee same as Eo. 1 above $21.00 5.50 11-00 5.50 15.50 5.50 15.50 5.50 11.00 5.50 d FEE no. --* L 14 e -- 14 f 14 6 1411 14 i 143 14k 141 14m 14n 14 D 14r 14s 14 t 14u 14v 14w 14% 14Y . 142 14uu 14ab 14ac 14ad 14ae 15a-1 15a-2 15a-3 15a-4 15a-5 15a-6 Ua-7 15a-8 15a-9 15b-1 15b-2 15b-3 15b-4 1%-5 15b-6 ' l5b-7 15b-8 X5b-4 15b-10 ORDINNICE NO. 433 433 433 433 433 PUIIPOSB OF FBE OR CIIAIIGP, AMOllNT -_. Summer iiir conditioning 1. Eucli syutcnl - lncludlirg duct work - regifltcrs work permit up to and including 1,000 CkW Each additional 1,000 CFN OK fraction tlicreof 2. Altcrntion, additions or repairs to existlng systems Up to $500.00 Each additional $500.00 or fraction thcreof 3. Hi-velocity system; - (small pipe and difEusct type system-attic diffuser or thru wall type) Up to and including 1,200 CWI Over 1,200 CFM Ventilation work permit 1. General ventilation - including fan and duct system up to 2,000 CFM Each additional 1,000 CWI or fraction thereof 2. Noxious vapors and/or flammable material spraying, painting or dipping ventilation - including fan and duct system up to 2,000 CFM Each additional 1,000 CFM or fraction thereof 3. Domestic type kitchen or bathroom exhaust system Whcn vented individually in single or multiple dwellings, the fee for one system shall be determined, as No. 1 above and any additional systems of tlils type, tlie fee slioll be for each 4. Direct gas fired air systems Used individually or in conjunction with a ventilation system, the cost of the duct work, exclusive of the cost of the heater, does not.exceed $500.00 Each additional $500.00 or fraction ' thereof 5. Alterations, additions or repairs to exist- ing duct systems dcscribcd in I, 2, 3 or 4 above For each $500.00 or fraction thereof 6. When direct fired gas units are used for heating, the fees for warm air heating winter air conditioning systems in Ord. No. 433, Sec. 6(a)(l) shall apply Electric heating system work permits For first 28 kilowatts 96,000 BTU Each additional 14 kilowatt 48,000 BTU 1. Gas burner, gas stove, range, gas log, etc. work pernits For sny permit for installing gas stoves, ranges, gas water heaters, process gas burners, or other similar gas burning devices riot used in connection with a heating system, the fee charged shall be as follows for each such device included in such permit Input : 109,000 BTU but not exceedins 199,999 6TU 200,000 BTU but aot esceeding 399,999 BTU 400,000 BTU but not exceeding 599,999 ]%TU 600,000 BTU hut not exceeding 999,999 BTii 1,009,000 IlTU but not exceeding 2,499,999 2,500,000 BTU but not exceeding 9,999,999 50,000,000 BTi but not esceeding 74,999,999 75,000,000 ETU and over Aiteration or repairs to exioting burner or equipment . NtiL cxcccdlug 99,999 Ij'l'U BTU BTU BTU 2. up to $100.00 Each additional $100.00 or fraction thereof 3. L.P. gas installations Tanks - 500 gals or lem 2,000 gols or less Over 2,000 gals . Includlng piping, cmtrols, diluter, etc. Oil burners., tanks and 1. For any oil burner or its equipmerlt connected equipment work permits to a fuel oil tank not buried or encloscd Fur inputs not over 2 gnJ.s/lir For inputs not ovcr 4 g.il~/l;r Eor lnpucs nct over 7 &nZs/l:r For iiiputfi nut over 1.8 g.ils/hr $15.50 15c-1 5.50 l5c-2 11.00 15~-3 5.50 154 21.50 15c-5 26.50 15~-6 15.50 15d-1 5.50 15d-2 17.50 15d-3 5.50 15d-4 $ 4.50 15d-5 21.50 l5d-6 11.00 15d-7 11.00 15d-0 15d-9 15.50 15~-1 6.50 15e-2 $ 6.50 152-1 11.00 15f-2 15.50 15f-3 28.50 15E-4 41.50 15 f -5 98.00 15f-6 118.50 15f-7 145.00 . 15f-8 208.00 15f-9 11. GO 15f-10 4.50 15f-11 11.00 15f-12 16.50 15f-13 27.50 15f-14 13.00 130.~1 26.50 15g-2 39.50 15~-3 73.70 158-4 G / I./ 8 '1 FEE NO. - 15g-5 15s-6 15g-7 15g-8 .--- __c A>lourm For lniwts not over 75 gnlslhr For Inlitltri not over 350 giils/hr For inpiits not over 500 gals/hr For inputs ovcr 500 gals/hr For nny tank not huricd or enclosed 560 gnllons or less Over 560 gallons For my tank buried or to be enclosed 560 dnllons or less Over 560 gallons Over 2,000 gallons Alterations or repairs to existing burner or equipment 2. 3. $ 90.00 119 .oo 142.00 208.00 433 6(g) cont. 11.00 13.00 15g-9 15s-10 11.00 15.50 32.00 15s-11 15~-12 I 15;-13 15g-14 15g-1s up to $100.00 Each additional $100.00 OK fraction thereof 8.25 3.75 11.00 1.00 15.50 1.00 15g-1s 1. 2. 3. 4. 1. Up to 2" piping with 3 or less openings Over 3 openings - per opening Over 2".piping with 3 or less openings Over 3 opcnings - per opening For each system up to and including 36,000 BTU 3 tons Each additional 36,000 BTU or fraction thereof 15h-1 l5h-2 15h-3 15h-4 433 Gas piping vork permits 433 Refrigeration system work permits 11.00 5.50 151-1 151-2 $11.00 5.50 151-3 2. . Alterations, additions or repairs to cxletlng tlystcm up to $500.00 Each additional $500.00 or fraction thereof For the installation of factory built chimney Up to 8" inside diameter Over 8'' inside diameter For the installation of a factory built fireplace, Fran'din stove, fireplace stove, etc., when installed with a factory built chimney 1. 2. Up to $500.00 Each additional $500.00 or fraction thereof NOTE: Fee bnsed on individual systems 15i-4 433 Factory built chimney and fireplace work pernits 1Sj-1 l5j-2 15j-3 8.25 11.00 13.00 1s. so 8.75 15k-1 15k-2 633 433 6 !k) 6 (1) Cleaning: commercial and industrial air con- ditioning system and/or ventilations system work permits Stokers and powdered fuel burner work permit 1. For any permit for the installation of a stoker where the grate area of the furnace or boiler such stoker is required to serve does not exceed 14 sq. feet 11.00 151-1 1.00 151-2 For each additional square foot in the grate area of the furnace or boilcr to be served by such stoker For any permit for the installation of a powdercd fuel burner or burners, for each such burner included in such permit, where the capacity of such burner does not exceed 350 lbs. per hour 9.00 151-3 For each additional 25 lbu. or fraction thereof, in the capacity of such burner Alterations or repairs to existing stoker or equipment 2. up to $lOO.CO Each additional $100.00 or fraction thereof Boiler and total systcm. including piping, radiators, coils, converters, etc. Up to and including 100,000 BTU/hour input Each addittonal 50,000 BTU input or fraction thercof Boiler only - in connection with an existing systm Up to and including 240,000 BTU input 1. 2. ' $ 1.00 151-4 11.00 2.75 151-5 151-6 433 t Steam or ho: water system work permits 19.50 5.50 15~-1 15m-2 15n-3 15m-4 ll.00 5.50 Each ndditlonnl 260,000 BPU input or fraction thereof . For tlic.installation of a plping system or misccllaneoiis piping, or additions, altera- tions or repalre to a system Up to $500.00 cost Each ndditional $500.00 or fraction thereof Tho feco oliclll bo thc 8mo nn in Ord. No, 433, Sec. 610) 3. 1, 11.00 5.50 15m-5 15m-6 15n 433 Stcnm or hoc ixiter uyotcn (Cor othcz than heating) work pcrnita 6/1/81 ORDINANCE . NO. 433 433 a3 0 0 -3 434 a 434 a. 434 611-A2 643 712 . 721 731 AElOLlNT -- PURPOSE OF FEE OR CIIARCE Steam, hot water or chilled water coil work 'valves, etc., from existing sysccm Each nyetan Including coils, piping controln, permits 1, If hentinp, (or) cooling-up to and includ lng 100,000 BTU $15.50 Each additional 50,000 DTU or fraction thereof 7.50 2. If coil is €or heating (and) Cooling - up 19.75 to and including 100,000 BTU Each additional 50,000 5TU or fraction thereof Additions, alterations or repairs - fee shall bc the same as set out in Ord. No. 433, Sec. G(m)(3) 8.75 3. Power plant work permits 1. For any permit for the installation of a power 8.75 plant, for each such boiler or furnace and boiler, or power plant to be installed having an input not exceeding 200,000 BTU per hour . or 6 H.P. 2. For each additional 100,000 BTU per hour or 5.50 3 H.P. or fraction thereof 3. For any permit for alteration or repairs to 8.75 any existing power plant or boiler or furnace and boiler in connection with a power plant. whcre the cost of the proposed work does not exceed $500.00 4. For each additional $500.00 or frac:ion . 5.50 thereof, in the cost of such proposed work Swimming pool construction permit forth in Ord. No. 406 Same as the amount of the fee for a building permit as set Public or semi-public swimming pool license year $150.00 per annum for each pool enclosed part or all of the $80.00 per annum for each outdoor pool $25.00 per annum for each bath or pool Public or semi-public whirlpool bath or thera- peutic swimiiing pool license Sign permit $50.00 Bench Courtsey Sign $10.00 per annum Permit. to construct, $25.00 reconstruct, dig, drill, repair or alter a well Permits required by the Minnesota Uniform Fire Code and the National Fire Code License to refill fire extinguishers Private sewage disposal $25.00 system permit $25.00 per annum $10.00 per annum per person PCE 110. _I 150-1 150-2 150-3 150-4 150-5 Up-1 15p-2 15p-3 15p-4 16 17a 175 18 19n 19b 20 21 22 23 License to produce, haul. and distribute milk License to operate 3 nilk plant ' $100.00 per annum to maintain a plant $10.00 per annum for each truck $50.00 per annm for fleet of more than 5 trucke . Food establishment $175.00 per annum, plus $50.00 pcr uiiiiuni Cur cucli uddltluiiul facility, except the fee fihall be $75.00 per annum for food cstablishments where sale of food is secondary and no sit- down facilities nre provided $15.00 per event Food establishment and food vending licenses Itinerant food establish- ment Retail candy shop $15.00 pcr annum, plus $5.00 per annu% for each additional facility Readily perishable food vehicle Fleet of 5 or mar8 readily perishable food vehicles Bakei-y food vehicle Catering food vehicle . $100.00 per aniium, plus $5.00 per annum for each ndditional vehicle $20 -00 per annum $100.00 per annum $20.00 per annum $103.00 per annum $15.00 per annum Pcriohable food vehicle Fleet of 5 or more periGtroble focd vehicles Food vending nuiciiine $15.00 per annum 24a 24b 24c 25a 25b 25c 25d 25e 2% 258 2511 251 SECTION NO. .3 3 2 8 14-6- (d) ORDINANCE NO. FEE NO. PURPOSE OF FEE OR CllARGE Ice vending machine- $5.00 per annum for each machine 25k dispensing pncksgcd ice; $15.00 251 per nnnum for all other ice machiiics 731 cont. Yumlgnting pccmlt License to operate n hotel, lodging house or boarding house Plat and subdivision filing $12.00 26 751 761 801 llotels - $100.00 for 1-50 rooms nnd $1.00 per ench room over 50 Lodging and boarding houses - $50.00 per location For division of one or. more lots whcrc. no new buildable lots are crented For 011 other plats and subdivisions 6.5X of the total construction cost of such Plan A improvements $ 20.00 per lot divided $225.00 plus $5.00 per lot 270 27b 28n 28b 801 Developer's fee for City services rendered in connection with Plnn A improvements Variance Transfer of land to another district 28c 290 29b 29c . 29d 30 $50.00 811 $300.00 for (1)R-2 lot $450.00 for (2)R-2 lots and $600.00 for all other transfers Amount equal to that which would have been payable if a building permit had been applied for. 812 814 Permit for construction and maintenance of radio and television antennas Filing of applicntion for vacation of street, alley or easement $75.00 31 017 $10.00 for first 50,000 square feet df gross land area affected and $1.00 for each additional10,OOO square feet (or part thereof) of gross land area affected. Such fees are doubled where work is begun before permit is obtained. 32 Initial application (or subsequent modification of application) for approval of erosion and sedimentation control plan Private area excavation permit Mining, stripping, extrac- tion or excavation permit Tree resoval permit Sunday (Clubs only) intoxicating liquor sale license Intoxicating liquor on-sale license Non-intoxicating malt liquor on-sale license Non-intoxicating malt liquor off-sale license 821 3 $5.00 $25.00 $10.00 $200.00 per annum $100.00 per annum $100.00 per annum $25.00 per annum 33 4(a)-8 34 822 823 901 4(a). 8 36b . 36c 501 15 36d If 8 months of licensing year have elapsed when application 3Ge is made, the fee shall be reduced one-half the nnnual amount $25.00 36f 901 Tempornry non-intoxi- cating malt liquor on-sale license 1101 Sewer rcntal Net . - Gross Based upon water usoge during winter quarter. (Three-month period falling between Nov. 1 and Etorch 1). - Single family dwellings, town houses, two-family dwellings, apartment buildings containing four or less dwelling units: To nnd including 2,000 cubic feet 37a $4.95 per mo. $4.50 per mo. From 2.001 to nnd includ- ing 4,000 cubic feet. From 4,001 to and includ- ing 7,000 cubic feet From 7,001 cubic feet and over $7.70 per mo. $7.00 per mo. $13.20 per mo. $12.00 per mo. $.077 per 100 CUlllC feet cublc feet $.70 per 100 37b Apnrtment buildlngs with more than four dwelling units $59.40 plus $11.00 for each unit over four, OK 77 cents per hundred CU. ft. 'of water used during the qunrtcr, which- ever is granter $54.00 plus $10.00 for each unit over four, oc 70 cenLs per hundred CU. ft. of water used during the quarter. which- ever is greater 143 FEE NO. 37c ORDINANCE SECTION NO. NO. PURPOSE OF PEE OR CHARGE -- - - 1101 l(n) cont. AMOUNT -- Commercinl and industrial $14.85 prr buildings, including W:ILL’C mottbr or schools and churches npprovcd swage metering device on premises, or 77 cents per hundred CU. ft. of water used during the qunrter. which- ever is greater $13.50 per wii Lcr mc tc r or npproved sewage nictering device on premises, OF 70 cents per hundred CU. ft. oL water used during the quarter, which- ever is greater 1101 1102 I111 Industrial user sewer strength charges See formulae in Sec. 7(c) of Ord. No. 1101 37a Sever service avail- ability; sewer connection The charge for each building shall be equal to number of units of sewage volume which it will discharge, multiplied by : $275.00 1f charge is dctcrmlncd during 1973 $200.00 if charge is determined during 1974 $325.00 if charpe is determined during 1975 $350.00 if charge is determined during 1976 $375.00 if charge is determined during 1977 As determined by ordinance if charge is determined after 1977 (See Ord. No. 1101 AS to charges determined after 1977) 38a 38b 38c 38d 38e 38f 39a 39b 39c 39d 39e 39f 39g 39h 391 40 41 42a 42b 43 44a 44b 45a 45b 41 47a Water service 1. 33b gross or 30b net per 100 cubic feet for all areas of City except areas described in 2 and 3 8% gross or 77L net per 100 cubic feet for Nornineside area 8Sd gross or 77k net per 100 cubic feet for east side of Beard Ave. from W. 54th Street to Fuller Street and both sides of Abbott Place from W. 54th Street to Beard Ave. 2. 3. A minimum charge of $2.00 per mo. will be made where water consumption amounts to less The following flat annual charges: $1,000.00 - Sewer department for water used in flushing $1,000.00 - Park department for water used for sprinkling $1,000.00 - Street department for water used in flushing and skating rinks streets Restoration of service - $5.00 Shutting off curb stops or ra-estzbb:ishing service at custcmer’s request, or if service is discontinued for nonpayment of bills - $20.00 $12.00 per annum $25.00 for first vehicle and $10.00 for each additional vehicle 1111 I- 1111 1232 1301 3 6 Parking permit Garbage haulers license $25.00 for first license and $15.00 for each annual renewal Scavenger license 1302 thereof $20.00 $3.00 per annum Scavenger permit Peddler or solicito: regintrntion License for sale of motor bicycles License for renting cr leasing of mtor bicycles Cigarette sale license 1303 1307 $50.00 $100.00 $12.00 for eat 4 4 1321 Dcation !s over the cour $12.00 for each vending machine ‘r sa When license wili expire within 11 aonths or less from date of issue, fee ohall be reduced to $1.00 for each month OK portion of a month the licenae will be in effect $5 .OO per annun $3,000.00 for business license 1331 1353 Taxicab driver license License for physical culture and health service or club, reducing club or salon, sauna parlor. massnge parlor or escort service License for individual performing rnasssge or escort serviceo Investigation fce at time of original npplication €or an individual liccnsc Invcstlgation fee for (I busir;+su licenrz I $50.00 for individuni licenoe $50.00 $l,liOO,OO $SO.CO for the third nnrf each subsequent reepome $19.03 per RntiuLn: for each vehicle 47b 47c 4 7d 1361 1432 1 4 ;Pulse alarm responae fee Taxicab license of 1/81 .- 144 - VARIOUS ORIIINANCES AND ORDINANCE ANENDPIENTS ADOPTED ON FIRST REKDTNG ; SECOND READING WAIVED. To conform wit11 Ordinance No. 171 Ilenibcr Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: OFFINANCE NO. 311-A13 AN ORDINANCE ANENDING ORDINANCE NO. 311 TO ELIKCNATE A CONFLICT BETWEEN ORDINANCE NO. 311 AND ORDINANCE NO. 301 IN CONNECTION WITH THE AEIOUNT OF FEES CHARGED TO REDEEM DIPOUNDED ANDIALS THE CITY COUNCIL OF THE CITY OF EDINA, IIINNESOTA, ORDAINS: Section 1. Section 11 of Ordinance No. 311 is hereby amended to read as fOllO~.S : "Sec. 11. Redemption. Any animal impounded pursuant to the provisions of Ordinance No. 311 for a reason other than observa-* tion for rabies may be redeemed from the pound by an owner within the time or period stated in Sec. 10 by p*aying to the Poundmaster the license fee for the current year if the animal is unlicensed and required to be licensed by Ordinance No. 311, an impounding fee of $25.00, a fee of $5.00 for each day the animal is confined in the pound as the cost of feeding, and any costs incurred for veterinarian services. 'I Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None . Ordinance adopted. ATTEST : -7%. @L Acting City Clerk To conform with Ordinance No. 171Member Schmidt offered the following ordinance for First Reading, idth waiver of Second Reading and moved its adoption: -- ORDINANCE NO. 408 I AB? ORDINANCE ESTABLISEIING A FEE FOR BUILDING CODE CONPLIXCE IXSPECTIONS PERFORNED BY THE BUILDING DEPARTMENT OF THE CITY THE CITY COUNCIL OF THE CITY OF EDINA, NINNESOTA, ORDAINS: code compliance inspections performed by the Building Department of the City upon request. $40.00 per hour. Sec. 2. The City shall have the power to collect such fee by whatever means necessary, including the institution of a civil action against the person respon- sible €or the payment of such fee. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Byedesen. Section 1. A fee shall be payable to the City in compsnsation for building The amount of such fee shall be the greater of (i) $40.00; or (Ti) Sec. 3. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : %&%. WL V I Acting City Clerk To conform with Ordinance No. 171Member Schmidt offered the following ordinance €or First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO. 421-h2 AH ORDINA3lCE AMENDING ORDINANCE NO. 421 TO DELETE UNNECESSARY LANGUAGE TIIEREFROPI THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : Section 1. Section 4 of Ordinance No. 421 is hereby amended to read as "Sec. 4. Fees €or Permits. Before a permit is issued, the applicant shall pay a fee of $5.00 to the-City Treasurer for each location covered by the permit. Each Eransverse excavation and each 100 feet or portion thereof of lon$itudinal excavation shall be dtlemed a location." 6/1/81 145 Sec. 2, This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Nernber Bredesen, Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted, ATTEST : 3aAU.kL 749. u Acting City Clerk To conform with Ordinance No.171 Member Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO. 432-A2 AN ORDINANCE AHENDING ORDINANCE NO. 432 TO ESTABLISH THE AMOUNT OF THE FEE FOR A PEFMIT TO KEPAIR A HEAVY DUTY ASPHALTIC CEMENT ROAD THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: for road repair permits is hereby amended to read as follows: Section 1. That part of Section 15 of Ordinance No. 432 establishing fees "ROAD REPAIR Gravel - per 2 x 4 hole $10.00 0 a> Black top - per 2 x 4 hole $30.00 3 Concrete - per 2 x 4 hole $40.00 a Heavy duty asphaltic cement - per 2 x 4 hole $50.00" Sec. 2. This ordinance shall be in full force and effect immediately upon its adoption and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. a Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST: %aUJL%,U Acting City Clerk To conform with Ordinance No. 171 Member Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO. 433-A3 AN ORDINANCE ANENDING GRDINANCE NO. 433 TO CLARIFY THE MIO'UNT OF THE FEE CHARGES FOR A PERXIT FOR ALTERATIONS, ADDITIONS OR REPAIRS TO CERTAIN DUCT SYSTEMS THE CITY COUNCIL OF THE CITY OF EDIN,4, MINNESOTA, ORDAINS: Section 1. Section 6(d)5. is hereby amended to read as follows: "5. ALTERKCIONS , ADDITIONS OR REPAIRS TO EXISTING DUCT SYSTEMS DESCRIBED IN NO. l., NO. 2., NO. 3. OR NO. 4, ABOVE. For each $500.00 or fraction thereof $11.00" Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST: -7'7JIl&%. u Acting City Clerk To conform with Ordinance No. 171 Member Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption. ORDINANCE NO, 434-A6 AN ORDINANCE &Il?fiJUING ORDIRANCE NO, 434 -- TO CORRECT AN ERRONEOUS Rl?PERENCE -* - TfIZREIl? - THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, OX9AT.HS: Section 1, Section 5 or Ordinance No. 434 is hereby amended to read as I46 follows : - *'See. 5. Permill Fees. The fee for a permit for the construction of a swiniming pool shall be the sane as the fee for construction of a building, in accordance wlth the provisions of Ordinance No. 406 of the City," This ordinance shall be in full force and effect immediately upon Sec. 2. its passage and publication. Motion for adoption of the ordinance was seconded by Piember Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : Nayor "/n&%.Lu- Acting City Clerk To conform with Ordinance No. 171 Nember Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO. 721-A1 AN ORDINANCE REPEALING SECTION 4 OF ORDINANCE NO. 723. THE CITY COUNCIL' OF THE CITP OF EDINA, NI~IESOTA, ORDAINS: Section 1. Repealer. Section 4 of Ordinance No. 721 is hereby repealed in Sec. 2. its entirety. its passage and publication. Notion for adoption of the ordinance was seconded by Member Bredesen. This ordinance shall be in full force and effect immediately upon Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : ?h/idL%- 64-422 Acting City Clerk V To conform with Ordinance No. 171 Member Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO. 731-A4 AN ORDINANCE AMENDING ORDINANCE NO. 731 TO ESTABLISH LICENSE FEES FOR LICENSES ISSUED THEREUNDER TBE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 5 of Ordinance No. 731 is hereby amended to read as f01~0WS : "Sec. 5. License Fees. Fees for licenses issued hereunder shall be -.. as follows: facility on the the preparation operated on the the consump tion annum. Intinerant Food Food Establishment: $175.00 per annum, plus $50.00 for each additional same premises, except that food establishments in which and sale of food is secondary to the principal business premises and which provide no sit-down facilities for of food on the premises shall pay a fee of $75.00 per Establishment: $15.00 per event. Retail Candy Shop: facility on the same premises, as set forth above with respect to food establishments. Readily Perishable Food Vehicle: Fleet of 5 or more Readily Perishable Food Vehicles: Bakery Food Vehicle: Catering Food Vehicle: each add5tional catering food vehicle under the same ownership and operation. Perishable Food Vehicle: Fleet of 5 or more Perishable Food Vehicles: Food Vending Machine: Ice Vending Machine: storing ice in a wrapped container; $15.00 per annum for all other ice machines. $15.00 per annum, plus $5.00 for each additional $20.00 per annum. $100.00 per annum. $15.00 per annum. $100.00 per annum, plus $5.00 per annum for $20.00 per annum. $100.00 per annum. $15.00 per annum. $5.00 per ailnuin €or each machine dispensing or 6/1/81 147 Sec, 2. This ordinance shall bc in full force and efEect immediately upon its passage and publica tion. Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtne Nays: None Ordinance adopted. ATTEST : fayor 74A ~2.u Acting City Clerk v To conform with Ordinance No, 171 Nember Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO. 801-A20 AN ORDINANCE AMENDING ORDINANCE NO. 801 TO CLARIFY FILING AND PROCESSING PLATS AND SUBDIVISIONS THE MfOUNT OF FEES CHARGED FOR THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : Section 1. Section 2 of Ordinance No. 801 is hereby amended to read as "Sec. 2. Filing Plats and Subdivisions; Fees. All plats and sub- divisions presented for the approval of the Planning Commission and City Council shall be filed with the Planning Department and shall be accompanied by a filing fee according to the following schedule for services to be rendered by employees of the City in processing the proposed plat or subdivision: For the division of one or more lots, as defined in Ordinance No. 811, where no new buildable lots are created, a fee of: For all other plats and subdivisions, a fee of: $150.00, plus $5.00 per lot. Rejection of the plat or subdivision by the City Council or abandon- ment or withdrawal of the proposed plat or subdivision by the proponent shall not entitle the persons who paid the fee to the return of a91 or any part thereof. 'I Sec. 2. This ordinance shall be in full force and effect immediately upon $20.00. its passage and publication,. and when effective, shall be filed with the office of the recorder of deeds, Hennepin County, Minnesota. Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Nays: None Ordinance adopted. Schmidt , Turner, Courtney. ATTEST : 74&%. ad%.- ?a , Acting City Clerk 1 V I To conform with Ordinance No. 171 Member Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDIKANCE NO. 801-A21 AN ORDINANCE AMENDING ORDINANCE NO. 801 TO ESTABLISH A FEE TO BE PAYAELE TO THE CITY BY A DEVELOPER IN COMPENSATION FOR CERTAIN SERVICES PROVIDED BY THE CITY IN CONNECTION WITH PLAN A IMPROVEMENTS c. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: to read as follows: Section 1, Section 8 of Ordinance No, 801, as amended, is hereby amended "Sec. 8. Responsibility for Improvements, . Subdivision Financing Agreements. When preliminary approval has been given to a plat, the person or persons who file such plat (herein called the 'Developer' whether one or more) shall enter into a Developer's Agreement (herein called the 'Agreement') with the City, and shall cause all street, water ar:d sewer improvements required by the resolution granting such approval to be completed, pursuant to the Agreement. Such Agreement (A) as to improvements to be installed by the Developer, shall obligate the Developer to install and complete all such improvements, at his own expense and under the supervision and inspection o€ the City's Director of Public Works ~ind Engineering, arid shall obligate the Ikvelopet- to pay to the City a fee in compensation fcr such services in an amount equal to 6.5% of the total construction cost of a31 such imprcvemcnts within thirty (30) days after receipt of a statement therefor, (B) as to improvements petitzoned for by the 6/1/81 14% Developer to be installed by the City, which City installations shall be done only in plats situated within the Single Pamily' I)wcll.ing District, Senior Citizen Residence District, the Multiple Residence District and the Planned Residential District, shall obligate the City to provide engineering services and construct the improvements and obligate the Developer to pay to the City the cost of such services and construction, through payment of special assessments, which shall be payable in not more than three annual installments, and (C) as to improve- ments petitioned for by the Developer to be installed and assessed in accordance with the regular special assessment policies of the City, shall provide for in- stallation if ordered by the City Council and assessment in accordance with the regular policies of the City; provided, however, that the City shall not be obligated to enter into such agreement (i) if the plat improvements required by such resolution are not allocated among the methods at (A), (B) and (C) above in a manner satisfactory to the City Council, or (ii) if the Developer as to the improvements at (A) and (B), above, does not give one or more of a bond, cash in escrow, or a Letter of Credit, all as may be required by the City Council at the time of final approval of the plat, or (iii) as to any improvements, if the City Council determines that the City must borrow money to pay its costs of construc- tion under such Agreement and such borrowing will jeopardize the City's credit rating. The Agreement shall also provide, as to improvements at (B) above, that if'the Developer transfers any lot or parcel in the platted area while special assessments then levied or to be levied, for the improvements made pursuant to said Agreement remain unpaid, they will be paid or prepaid in full to the City Treasurer or the County Treasurer. Any bond required by the City Council shall be given by the Developer with a corporate surety authorized to do business in Minnesota and approved by the City Council as surety thereon, and, as to improvenents referred to at (A) ahove, shall be a performance and payment bond in at least the full amount of all contracts for the installation of such improvements, and as to improvements referred to at (B) above, shall be in the full amount of all costs of making the improvements specified in the Agreement not paid in cash by the Developer before or at the time of entering into the Agreement and shall be given for the securing to the City of the payment of the special assessments. Any cash deposit required by the City Council shall be deposited by Developer, in escrow, in a national or state bank having an office in the City, in the full aount of the unpaid improvement costs, together with a written agreement signed by the Developer and the bank whereby the funds in escrow will be paid to the City from time to time upon written denand of the City, to the extent of any default by the Developer in the Agreement. hy Letter of Credit required by the City Council shall be from a national or state bank approved by the City Council, shall be unconditional and irrevocable, shall be for the full amount of the unpaid improvement costs, and shall provide that funds will be paid to the City upon written demand from time to time of the City to the extent of any default by the Developer in the Agreement." its passage and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. I Sec. 2. This ordinance shall be in full force and effect immediately upon Rollcall : f Ayes: Bredesen, Richards, Schmidt, Turner, Courtney. % - 7, < Nays: None / .- Ordinance adopted. ATTEST : -%&- 3. Acting City Clerk U . To conform with Ordinance No. 171 Nember Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: I OItDINANCE .NO. 812-A1 AN OP3lINANCE AMENDING ORDINAXCE NO. 812 TO CORRECT AN ERRONEOUS REFERENCE THEREIN Section 1. Section 3 of Ordinance No. 812 is hereby amended to read as ''Sec. 3. Permit; Application; Issuance; Fee. Application for such permit shall be made to the Building Inspector in the same manner, and containing the same information, as for a building permit pursuant to Ordinance No. 406, as amended from time to time, and the Minnesota State Building Ccde rhercin adopted. A fee equal to that which would have been payable if the building permit had been applied for shall, be. payable at the time application is made. '* THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : Sec. 2. This ordinance shall be in full force and effect; immediately upon its passage and publication. 149 Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted, ATTEST: Mayor Acting City Clerk To conform with Ordinance No. 171 Member Schmidt offered the following ordinance for First Reading, with waiver of Second Reading ORDINANCE NO. 814 AN ORDINANCE PRESCRIBING THE PROCEDURE FOR THE VACATION OF STREETS, ALLEYS AND PUBLIC EASEMENTS FOR DRAINAGE AND UTILITIES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Application. Any person may file with the City Clerk an application for the vacation of any street, alley or public easement for -- drainage or utilities, or any portion of any of the foregoing, which application shall specifically designate the street, alley or public easement, or portion thereof, desired to be vacated, and shall be accompanied by payment of a filing fee in the amount of $75.00 for each street, alley or easement, or portion thereof, desired to be vacated. until full payment of the fee herein required has been made and evidenced by receipt of the City Clerk. Rejection of the application by the City Council shall not entitle the person who paid the fee to the return of all or any part thereof. The City Council shall set a date for hearing thereon, which shall not be later than sixty (60) days after the application has been filed. A notice of the date, time, place, and purpose of the hearing shall be published and posted pursuant to applicable statutes. the oral or written views of all interested persons, the City Council shall by resolution (a) grant approval of such application, with or without modifica- tion; (b) refer the application to the appropriate City officers or departments for further investigation and report to the City Council at a specified future meeting thereof; or (c) reject the application. Sec. 3. Filing. If approval of an application is granted, a notice of, completion of the vacation proceedings or a certified copy of the resolution adopted under this ordinance granting the final approval, whichever is required or allowed by application statutes, shall be filed by the applicant with the Register of Deeds of Hennepin County. upon its passage ar,d publication. Motion for adoption of the ordinance was seconded by Member Bredesen. No application for vacation shall 3e received a 0 0 -3 Sec. 2. Public Hearing. After hearing Sec. 4. This ordinance shall be in full force and effect immediately Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : %.A%- u . Acting City Clerk To confom with Ordinance No. 171 Member Schmidt offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINABCE NO. 1361 AN ORDINANCE ESTABLISHII?G.A FEE FOR FALSE kLAr?M RESPONSES MADE BY THE POLICE DEPAFSNENT OF THE CITY - THE CITY CO'JNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: the City for the third response and each su3sequent response by the Police Department within one (1) calendar year to an aucoinatic alarm device triggered Section 1. A fee of $50.00 shall be payable to the Police Department of * other than by reason of criminal activity, Sec, 2. The City shall have the power to collect such fee by whatever means necessary, including the institution of a civil action against the person responsible for the payment oE such fee. Sec. 3. This ordinance shall be in full force and effect inmediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Rz'L' xtesen. 6/1/81 150 Rollcall: Ayes : Nays: None Ordinance adopted. . Bredesen, Richards, Schmidt, Turner, Courtney ATTEST: Mayor -$kA%. u - Acting City Clerk U I RESOLUTION RESTRICTING PARKTNG ON EDEN AVENUE ADOPTED. Xr. Rosland explained that when Eden Avenue was first developed by means of State Aid Funds because of inadequate street width parking had to be restricted to one side only. The No Parking signs were put in place at that time but the appropriate reso- lution was never adopted by Council, and it is recommended by staff that this resolution be adopted. and moved its adoption: Member Richards thereupon offered the following resolution RESOLUTION RELATING TO PARKING RESTRICTIONS ON EDEN AVENUE WHEREAS, THE City of Edina has planned the improvement of N.S.A.S 163 (.Eden Avenue) from Arcadia Avenue to Vernon Avenue; and WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of this street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions that would be a necessary prequisite to approval of this construction as a Municipal State Aid project in the City has been determined; NOW, THEREFORE, BE IT RESOLVED that the City of Edina shall restrict the parking to motor vehicles on the north side of M.S.A.S. 163 (Eden Avenue). Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. I “BIDS TO BE’TAKEN FOR VARIOUS’INPROVENENTS. As recommended by Mr, Hoffman, Member Bredesen offered the following resolution and moved its adoption: =SOLUTION APPROVING PUNS AND SPECIFICATIONS DIRECTING ADVERTISEMENT FOR BIDS FOR PROPOSED IMPROVEbIENTS AND FOR PERMANENT STREET SURFACING, CONCRETE BURB AHD GUTTER, AND SIDEWALK IMPROVEMENT NO. BA-249 .. .. S.A.P. 120-138-02 ’ .. BE IT RESOLVZB BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun 2nd Construction Bulletiii the following notice of bids for improvements : (Official Publication) CITY OF EDINA 4801 W. 50TH STREET ’EDINA, WINNESOTA 55424 ADVERTISEMENT FOR BIDS CONTRACT # 8 1-9 (ENG) AND SIDEWALK PEREiANENT STPcEET SURFACING, CONCRETE CURB AND GUTTER, IbPROVEbENT NO. BA-249 S.A.P. 120-138-02 .... . SEALED BIDS will be received and opened in the City Council Chambers in the Edina City Hall, 4801 1.J. 50th Street at 11:OO a.m., Thursday, June 25, 1981. The Edina Cicy Council will meet at 7:OO p.m., Monday, July 6, 1981 to consider said bids for permanent street surfacing, concrete curb and gutter and sidewalk. The following are approximate quantities of the major items: 10,000 S.F, 4” Concrete Sidewalk 5,550 L/F, B6-18 Concrete Curb and Gutter 400 Tons, Class 2 Gravel 500 Tons, Bituminous Leveling Course 950 Tons, Bituminous Wearing Course 4,400 S.Y, Sod Cultured 2,509 S.F, Lannoii Stone Retaining Wall 15% nicls shall be in a scaled envelope with a ,statement thereon showing the work covcrcd by the bid. Edina, 4801 14. 50th St, , Edina, Pfiiinesot 5S424, and may bc mailed or submi,tted personally to the City Engineer. Bids received by the City Engineer, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk, $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City Clerk in at least ten (10) percent of amount of base bid. The City Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Bids should be addressed to the City Engineer, City of Plans and specifications are ava-Llablc for a deposit of Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. LIQUOR FUND REPORT as of April 30, 1981, was presented by Mr. Dalen, revfewed and ordered place on file by motion of Member Schmidt, seconded by Member Richards, Ayes: Bredesen, Xichards, Schmidt, Turner, Courtney Nays: None Motion carried. CLAIMS PAID. Motion of Member Schmidt was seconded by Member Richards for payment of the following Claims as per Pre-List: General Fund, $59,949.12; Park Fund, $10,650.70; Art Center, $11,711.88; Park Construction, $19.50; Swimming Pool, $1,067.09; Golf Course, $9,224.50; Recreation Center, $3,370.13; Gun Range, $235.25; Water Fund, $8,256.89; Sewer Fund, $117,184.63; Liquor Fund, $2,077.41; Construction, $17,462.43; IBR Fund, $290.40; Total, $241,499.93, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. No further business appearing, the Nayor declared the meeting adjourned at 7:35 p.m, Acting City Clerk