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HomeMy WebLinkAbout19810720_regular179 MINUTES OF REGULAR COUNCIL MEETING OF EDINA CITY COUNCIL HELD AT CITY HALL JULY 20, 1981 Answering rollcall were members Bredescn, Richards, Schmidt, Turner and Mayor Courtney. MINUTES of July 6, 1981, were approved as submitted by motion of Member Schmidt, seconded by Member Turner. Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. ORDINANCE NO. 811-Al48. GRANTED FIRST READING; SECOND READING WAIVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition of Dr. John Beecher for rezoning of part of Lot 1, Block 1, Enroth's First Addition (5209 Vernon Ave.3 from C-4 Commercial District to C-2 Commercial District. Be advised that Dr. Beecher proposes to buy the Mr. Steak restaurant and its adjacent parking lot in order to establish a medical practice and that there may be four physicians' offices ultimately in the build- ing. site and advised that the zoning change is recommended by the staff and Community DevelopmGnt and Planning Commission in that it is Selieved that: the requested C-2 zoning is compatible with surrounding zoning and conforms to the draft Compre- hensive Plan. He also explained that a lot division is necessary which will sep- arate the Typhoon Car Wash froin the subject property. No objections being heard, Member Richards offered Ordinance No. 811-A148 for First Readiag, with waiver of Second Reading, and moved its adoption: Pfr. Hughes described changes proposed to be made to the building and the ORDINANCE NO. 811-A148 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REMOVING PROPERTY FROM THE C-4 COMHERCIAL DISTRICT AND ADDING IT TO THE C-2 COMMERCIAL DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: amended as follows: to the Commercial District G-2: Section 1. "The following property is removed from Commercial District C-4 ad added Lot 1, Block 1, Enroth's First Addition, except the North 65 feet thereof and except that part of the East 72 feet thereof lying South of the North 65.00 feet of said Lot 1, all according to the recorded plat thereof (which is in Sub-District C-2) ." Sec. 2. This ordinance shall be in full force and effect upon its pass- Paragraph 3 of Section 9 of Ordinance No. 811 of the City is age snd publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted.. ATTEST : Member Richards thereupon offered the following resolution and moved its adoption: ESOLUTION Lot 1, Block 1, and Lot 3, Block 1, Enroth's First Addition; and WHEREAS, the following described tracts of land constitute separate parcels: WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels") : Lot 1, Block 1, Enroth's First Addition, except the North 65 feet thereof and except that part of the East 72.00 feet thereof lying South of the North 65.00 feet of said Lot 1, all according to the recorded plat thereoE; and The North 65.00 feet of Lot 1 and that part of the East 72.00 feet of said Lot 1 lying South of the North 65.00 feet thereof, Block 1, Enroth's First Addition; Also Lot 3, Block 1, Enroth's First Addition, all accord- ing to the recorded plat thereof; and WEREAS, it has been determined that compl-iance .with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said parcels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; 7/20/81 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby . approved and the requirements and provisions of Ordinance No. 801 and Ordinace No. 811 are hereby waived to allow said division and conveyance thereof as sep- arate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further sskdi- vision be made of said Parcels unless made in compliance with the pertinenf:=- 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 resolution was seconded by Member Turner. " I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. ORDINANCE NO. 811-A149 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that, at the Housing and Redevelopment Authority Meeting of July 6, 1981, a resolution was adopted authorizing acquisition of property owned by Hedberg & Sons and by 7500'York Cooperative, which property is generally loca- ted West of York Ave. and North and South of Parklawn Ave. trade which wodd provide a more suitable site and advised that this matter - . is being presented to Council at this time for Councilrs review and reaction be- fore the developer proceeds further with site plans. proposed development is for a seven story, 100 unit building with 90 One bedroom units, five one bedroom units for the handicapped and five two bedroom units and that craft rooms, community rooms, lounges and arts and crafts rooms Will be included, along with 44 exposed parking spaces and 30 garage spaces. Mr. Hughes explained that the proposed project will be built as !a Section 202 elderly building, with Community Development Corporation, a division of the Catholic Archdiocese, as the applicant/developer and Edina Copunity Lutheran Church as the local sponsory and that seventy of the proposed units will be subsidized under the Section 8 Rent Assistance program with the remaining units to be offered on a market rate basis. Comprehensive plan and that the'density of 25 units per acre compares with other buildings in the area. spaces as required by ordinance, but that evidence will be submitted documenting anticipated parking needs. adopted limiting senior housing to one bedroom per *it, there are often circum- stances where two bedrooms are necessary. itects showed drawings of the proposed building and reviewed the amenities. explained that he has a tight time frame and hopes to close with H.U.D by August 15, 1981. in the event that the garage variance is not granted, but explained that, in the 202 Program, H.U.D. does not recognize garages and that budget limitations limit the number of garages that can be constructed with this type of financing. A resident of Edina Place was told that the building would have a 67 foot set- back from the South lot line. Mr. Walter Baker, representing 7500 York Associates, said that he had no objections to the proposal, as long as the land exchange can be completed, but that he would object if the land exchange could not be accom- plished and condemnation become necessary. He also expressed his objections to the exterior finish of the building proposed by Mr. Madson. ber Richardsr suggestion that land negotiations should be between 7500 York Coop- erative and Hedberg & Sons, Mr. Hughes explained that it is the H.R.A. that is encouraging the project. Mr. Erickson clarified that Community Development funds are being used and are taken which will conform to State law and Federal regulations. discussion being heard, Member Bredesen offered Ordinvlcs No. 811-A149 for First Reading, subject to the followhg conditions: 1) that the building have a brick Zoning Ordinance be amended to allow a maximum of 10% two bedroom units of.not more than 825 square feet; and 4) that an exchange be made of the South two acres (approximate) of the Hedberg property for'the property of 7500 York Cooperative on York Ave. prior to final rezoning approval; and 5) that the site be controlled by Community Development Corporation'or. the Edina H.R.A. at the time of Second Reading and the time of rezoning: Affidavits of Notice were pre- He described a land . Council was advised that the . Mr. Hughes advised that the proposed development conforms to the draft Council was advised that the plan is lacking in garage I - It was also pointed out that, since the ordinance Was . Mr. Paul Madson with Arvid Elness Arch- He \ Mr. Ifadson also advised that there is ample room to build more garages In response to Mem- that the H.R.A. should have control in order that proper steps No further - exterior; 2) that evidence of parking need be furnished the City; 3) that the ORDINANCE NO. 811-A149 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE SENIOR CITIZEN TESIDENCE DISTRICT- THE CITP COUNCIL OF TIE CITY OF EDINA, MINNESOTA, ORDAINS: Paragraph 2 of Section 12 of Ordinance 811 of the CiLy is amended by adding the following thereto : Section 1. 7/20/ 8 1 m 0 "The extent of the Senior Citizen Residence District is enlarged by the addition of the following property: Outlot A, Ebenezer Society 1st Addition and the West one half of the Northwest one quarter of the Northeast one quarter of the South- west one quarter of Section 32, Township 28, Range 24" ,. Sec. 2. and publication. This ordinance shall be in full force and effect upon its passage BRANDT ADDITION PRELIMINARY PLAT CONTINUED TO AUGUST 3, 1981. Mr. Hughes, Member Bredesen's motion was seconded by Member Schmidt, continu- ing preliminary plat of Brandt Addition to August 3, 1981. As recommended by Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None - Motion carried. - CENTEX HOMES MIDWEST GARAGE VARIANCE DENIED. Mr, Hughes recalled that the Board of Appeals and Adjustments has denied the request of Centex Homes Midwest for a variance from the required 1.25 enclosed parking spaces per dwelling unit to one enclosed parking space. He recalled that the Community Development and Planning Commission has recommended that the City and Centex enter into a Proof of Parking agreement whereby the first phase of the project would serve as a sample to deter- mine the need for and marketability of the garages. to whether 1.25 enclosed parking spaces per dwelling are actually necessary, Member Richards recalled past discussions of Council in which this number of park-. ing spaces was considered a minimum.: Mr. Timothy R. Eller, Vice President of Centex Homes Midwest, Inc., fair for all owners to pay the extra cost of garages when they are required by only a few. required by ordinance should be reduced, Member Richards'motion to reaffirm ''; the decision of the Board of Appeals and Adjustments to deny the variance from 1.25 enclosed parking stalls was seconded by Member Bredesen. In response to questions as said that his company has determined that it is not ' Stating that he could see no evidence that the need of parking spaces Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None ' Motion carried. RAUEhHORST CORPORATION SIGN VARIANCE DENIED. Rauenhorst Corporation for a second free-stsnding building identification sign for the Edina Office Cencer 1ocated.on .~ranceAve. at W. 76th Street. He showed a picture of the building with the :existing sign andzexplained that Control Data has requested hstallation of a second sign about half way'down the site on France Ave. He explained that this additional sign would be permitted if the property was in the Office Building District but that the Board of Appeals and Adjustments had denied the request, largely on the basis that there are other buildings with simi- lar potential in the Planned Industrial District and that a precedent would be set if this sign should be allowed. the sign ordinance so that all office buildings in th2 Planned Industrial District could enjoy the same sign priviieges as buildings in the Office Bu5lding District. Ms. Michele Foster, representing Rauenhorst Corporation, referred to a letter from Rauenhorst Corporation setting forth reasons for granting the variance. pointed out that this property was zoned Planned Industrial District for the mutual benefit of the City of Edina and Rauenhorst Corporation and that "due to the unique history and extensive discussions regarding development of this area" that a precedent would not be set regarding other sites in the City. Ms. Foster said that the ordinance is inconsistent inasmuch as office developments located on comer sites in comercial, regional medical and office building districts are permitted one sign for each street frontage and that even multi-tenant buildings in industrial districts are permitted additional wall signs for each tenant with a private entry. She pointed out also that the total square footage of the two signs is less than the 80 square feet permitted on one sign. Mr. Wlles Roher, representing Control Data, explained that the existing sign on the comer is on a 45 degree angle and that customers have trouble finding their office inasmuch as this sign cannot be seen easily €rom France Ave. horst Corporation, explained that the existing sign could be moved and additiunal words added, but that the sign would not be as pleasing. It was also pointed out that: if Control Data had a separate entrance, they could have a wall sign. Bredesen's motion granting the request for 8n additional sign on the site was seconded by Member Turner. Ayes : Bredesen, Turner Nays: Richards, Schmidt, Courtney Motion failed. Mr. Hughes presented the appeal of Mr. Hughes suggested the possible amendment' to She Mr. James Nygaard of Rauen- Member 7/20/81 LOTS 18 AND 19 BLOCK 3, DIWEY HILL SECOND ADDITION DIVISION APPROVED. Mr, Hughes recalled that the division of Lots 18 and 19, Block 3, Dewey Hill Second Addition had been continued from July 6, 1981, so that special notice could be given to the owner of Lot 18 because of concern that his lot width will be reduced. Err. Hugnes advised that he has written a letter to the owner of Lot 18 but has Member Richards expressed concern that a third party might buy the property and request a variance if th5s division is approved. Member Bredesen then offered the following resolution approving the lot division and moved its adoption, with the condition that the staff use its best efforts to obtain a written recordable document which would alert future buyers that. this division has taken place : RESOLUTION WHEREAS, the following described tracts of land now constitute various parcels: WHEXFAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels") : Lot 19, Block 3, Dewey Hill Second Addition, according to the recorded plat thereof; and that part of Lot 18 of said Block 3, lying Northwesterly of the following described line: Beginning at the most Easterly corner of said Lot 19; thence Southwesterly to the Northeast comer of Lot 22, of said-Block 3 and said line there terminating; and That part of Lot 18 of said Block 3, except that part lying Northwesterly . of the following described line: Beginning at the most Easterly comer . of said Lot 19; thence Southwesterly to the Northeast comer of Lot 22 of said Block 3 and said line. there terminating; and . received no response. I Lots 18 and 19, Block 3, Dewey Hill Second Addition; and WHEREAS, it has been determined that compliance with the GubdL-vision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Ws. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby wgived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as' to any other provision thereof , and subj ect, 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 resolution was seconded by Member Richards. . . Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. ONE CORPOR4TE CENTER PHASE VI FINAL PLAT APPROVAL CONTINUED INDEFINITELY. As" recommended by Mr. Hughes, Member Bredesen's motion was seconded by Member Schmid.t, continuing find plat approval for One Corporate Center Phase VI indefinitely. ' Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: Kone Motion carried. REALLOCATION OF YEARS VI AND VI1 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS AUTHORIZED. Affidavit of Publication in the Edina Sun was presented by Clerk, approved as to form and ordered placed on File. As recommendd by Mr. Hughes, Member Schmidt offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED Chat the Edha City Council does hereby request the following re- allocation of funds in Years VI and VI1 of the Community Development Block Grant Program: I Existing Budgets Year VI Year VI1 Eousing Rehab 46,200 50,000 Land Acqulsition 40,000 104,000 Street/Special Assessments 85 io00 50,000 50,000 Architectural Barriers 88,336 Administration 2,000 Clearance 0 10,000 * 0- Planning 0 5,000 . Contingency 25,000 286,536 10,000 279 , 383 Proposed Programming Year VI Rehab 46,200 Year VII 50,000 Land Acquisition 100,000 Prch. Barriers 3.1 2 , 336 Street/Special Assessments 25,000 Administration 2,000 . Planning 0 Clearance 0 Contingency .o 286,536 164 I383 50,000 0 0 5,000 10,000 0 279,383 The proposed reprogramming will result in an additional $120,000 for our Land Acquisition Project. Clearance funds, in addition to Tax increment funds, will be needed for thfs acquisition. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt,.Turner, Courtney Nays: None Resolution carried. We anticipate that all available Eand Acquisition and LOUD SPEAKER PERMIT REQUEST REFERRED TO POLICE DEPARTMENT; AMENDED. Mr. Rosland called Council's attention to a letter from Mr. John Young, requesting a permit for a loud speaker as required by Ordinance No. 1032. recommended by Mr. Rosland, Member Bredesen's motion referring the request to the Police Department for processing was seconded by Member Turner. ORDINANCE NO. 1032.W BE As Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. It was informally. agreed that an amendment to Ordinance No. 1032 be drafted whereby such requests would be handled administratively by the Police Department. 2-4-D CITY USE BANNED PENDING STUDY. OF EFFECTS BY EDINA ADVISORY HEALTH BOARD;. Mr. . Wallace C. Olson, 5002 Bruce Ave., referred to a packet of information furnished to the Council two weeks ago which indicated that traces of herbicides were found in tissue of deer and elk and expressing concern for people who eat that game. Olson told of his daughter's problems with severe heaaaches and how they had dis- covered that these headaches were triggered when she was in an area that had bee= recently sprayed with 2-4-D. Nrs. Olson also expressed concern that the people . applying the spray are not properly protected. Council was requested to ban all spraying until effects of the chemicals are known and to appoint a committee to. study this matter. As recomnended by Mr. Rosland, Member Bredesen moved that. . MP. .. Olson make his presentation to the Advisory Health Board and that the Board make its recommendation to the Council on September 21, 1981, and further,that the City cease spraying with 2-4-D until the Advisory Health Board makes its pre- sentation to the Council. Mr. I Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Mot ion carried. TELECOMMUNICATIONS SYSTEM BID AWARDED. Mr. Rosland presented tabulation of the following bids received in response to Advertisement for Bids for a new telecom- munications system: Purchase Cost Service Costs Capital over 5 years Total 2. Vicom 67,900 7,596 (36) 75,496 3. Telamerica 69,168 11,167 80 , 335 1. Interior Communications $ 90,882 2. Telamerica 102,300 3. Vicom 112,519 4. Northwestern Bell 194,053 1. Interior Communications $ %5,85 7 $6,984 (36) $7zJXi Lease Costs/5 Years As recommended by Mr. Rosland, Member Schmidt's motion was seconded by Member Turner, that the bid be awarded to Interior Communications for initial purchase of the system and that, after the initial 24 months, a service contract be entered into based on service costs at that time. . Nays: None Ayes: Bredesen, Richards, Schmidt, Turner, Courtmy Motion carried. 7120181 184 USED GENERATOR BID AWARD CONTINUED INDEFINITELY. Member Schmidt's motion was seconded by Member Turner, continuing indefinitely the award of bid for a used generator. As recommended by Mr. Rosland, Ayes: Nays: Xone . Not ion carried . Bredesen, Richards, Schmidt, Turner, Courtney MILLPOND WEEK CUTTING CONTRACTOR RELEASED; NEW BID ACCEPTED. Mr. Hughes advised Council that the City and neighbors have been dissatisfied with the results of. weed cutting in the Millpond and that the conCractor, Aquatic Meed Cutter, Inc., has agreed to be released from his commitment. year's contractor, Midwest Aquacare, Inc., who was underbid this year, has agreed to do the second cutting for $250 per acre. then seconded by Member Bredesen, for award of bid to Hidwest Aquacare, Inc., at - $240 per acre. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None 3fotion carried. Mr. Hughes also advised that last Ifember Schmidt's motion was TRAFFIC SAFETY COMMITTEE MINUTES OF JULY 14, 1981, REVIEWED. Mr. Hoffman recalled that in 1975, the Traffic Safety Committee approved parking on Heritage Drive SUBDIVISION DEDICATION GUIDELINES CONTINUED. As recomended by Mr . Rosland, Mem- ber Schmidt's motion was seconded by Nember Turner, continuing further discussion East of Xerxes Ave. except for the hours between 4 p.m. and 6 p.m. further that, at the Traffic Safety Committee Meeting of June 9, 1981, a peti- tion for removal of that parking restruction had been presented on behalf of staff, relatives and friends of pabients in the Edina Care Center. At that time, action was continued for input from apartment and condominium residents on Heri- tage Drive and so that traffic counts could be made and analyzed. advised that the results of a traffic count indicate average daily traffic on Heritage Drive of 2,846 daily trips, and that the results of a telephone survey of apartment managers indicated that Heritage Drive residents did not want any change in the parking restrictions. Mr. Hoffman advised that the Traffic Safety Committee had recornended that the request for 4:OO p.m. to 6:OO p.m:parking be denied and that Edina Care Center should be encouraged to investigate other means tQ alleviate parking problems such as ride sharing and van pooling. Council's attention was called to a letter signed by apartment and condominium residents objecting that, if the signs should be removed, the nursing home people would . take all the spaces. The letter also expressed concern that, with parking on . both sides, it is difficult for fire trucks to get thru. a 1972 Planning variance which permitted an increase in beds in Edina Care Center if parking requirements were met, but said that it did not appear that Edina Care Center had complied with the ordinance requirements. Pk. Leila Campbel1,'Admin- istrator for Edina Care Center, said that she represented staff, residents, family and visitors acd explained parking problems caused by overlapping of two shifts. She expressed concerns about female staff members walking distances to their cars in the winter and for elderly spouses who have had to pay for parking tickets. She pohted out that the last bus runs at 10:15 p.m. and that purchase of a van would be too costly. Ns. Campbell objected to Member Schmidt's suggestioo that they park in the parking lot of a church on Xerxes Ave. as being too far away. Speaking in favor of removing the parking restriction were Es. Cdrol Miller,-&. Carol Moran, Hs. Rosemary Jelland, a11 Edina .Care Center staff members, and Mr. Franklirr Grey, whose wife is a patient in the nursing home. In response to. the suggestion that Edina Care Center build a ramp for its parking, Ns. Campbell said that there is not enough land. Following lengthy discussion, Member Bredesen's motion was then seconded by Member Richards approving the Traffic Safety Commit- tee's recommendation that the Engineering ikpartment survey existing warning and regulatory signs for speed control for Gleason Road, Southbound from Gleason Circle to Braeburn Circle, with an objective of improving signing to warn infre- quent users of the roadway to hazards, and accepting Sections B and C of the Minutes (including denial of removing the 4:OO p.m. to 6:OO p.m. parking restric- tion). - He recalled Mr. Hoffman I Mr. Hughes referred to . .I Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. The Mayor suggested that Ns, Campbell might pokibly come back to the Traffic : Safety Committee at a later date. . of Subdivision Dedication Guidelines. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Nays: None _x 7/20/81 El'lINA/BLOOMINGTON LAND TRADE DISCUSSED. Mr . Rosland advised Council that the Minnesota Municipal Commission approved the EdidBloomington land trade, effec- tive at 5:OO p.m., July 15, 1981. He explained 'that the property involved in the trade were the Radisson SouthlCardarelle tracts and did not include the Win- field property. aware that they should continue to respond to Radisson calls and simultaneously call Bloomington, and that both Fire and Police need to work out policy. other departments are to work with Bloomington to transfer applicable information regarding the land exchange. No formal action was taken. Council was advised that emergency services have been made All WATER EMERGENCY REGULATIONS CONTINUED TO NEXT MEETING. As recommended by Mr. Rosland, Member Bredesen's motion was seconded by Member Richards, continuing discussion on water emergency regulations and consideration of an ordinance. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. I COMMUNITY TASK FORCE REPORT ON CHEMICAL ABUSE CONTINUED TO NEXT MEETING. AS re- commended by Mr. Rosland, Member Turner's motion was seconded by Member Schmidt, continuing the Community Task Forcereport on chemical abuse until August 3, 1981. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. m 0 0 SOUTH HENNEPIN HUMAN SERVICES COUNCIL REPORT SET FOR AUGUST 10. Mr. Rosland ad- vised Council that the South HeMepin Human Services Council has requested a meeting with Council. 3 a 10, 1981, at 5:OO p.m. FIRE SAFETY DISCUSSED. concern to the Council that it is not prudent to base fire safety on existing build- ing codes. who said that a fatal fire ig that City could have been prevented if the State Building Code had required more fire prevention devices than were used in that building. been previously submitted by Chief Buresh. Safety Department of the League of Minnesota Cities is bringing up these same issues, and said that she believed the Council would 3e remiss if it does not give consideration to these warnings. statute, the Council cannot exceed or add to the State Building Code.. In response to a question of Mr. Rosland, Chief Buresh said that the City of Bloom- ington refuses to give building permits unless they comply with zoning regula- tions and that certain fire protection requirenents ar.e tied into their zoning ordinances. Chief Buresh said that it would be very costly to provide fire pro- tection which would be adequate for the large buildings now in Edina and pointed out that much can be done toward fire safety through initial building construction. No action was taken. . It was informally decided to set the meeting for August Member Schmidt recalled that Chief Buresh .had expressed She referred to a statement of the Rochester, Minnesota, Fire Chief Member Schmidt asked that Council again review the materiai'which had She also advised that the Health and City Attorney Erickson said that, by State I WINE SALE BROCHURES DISCUSSED. been sent to Council encouraging members to favor the sale of wine in restaurants, and asked that members save the letters for future reference, inasmuch as many are from people living outside of Edina. Member Bredesen said that he rejected saving' the letters inasmuch as that gives credence as a type of referendirm. was taken. ADVISORY BOARD APPOINTMENTS DISCUSSED. some advisory boards are apparently renewing the terns of their members and asked that the staff advise the boards that appointments are the fhction of the Council. No formal action was taken. The Mayor referred to form letters which have . No actio= Member Richards expressed concern that LOTS 5 AND 6, BLOCK 5, MENDELSSOHN ADDITIOQ LOT DIVISION DESCRIPTION AMENDED. Being advised by Mr. Hughes that the vacated alley had been omitted from the legal description used in the resolution adopted by the Council on May 4, 1981, for the division of Lots 5 and 6, Block 5, Mendelssohn Addition, Member Bredesen offered the following revised resolution and moved its adoption : WHEREAS, the following described tracts of land are now separate parcels: RESOLUTION Lot 6 and the East 65.00 feet of Lot 5, Block 5, Mendelssohn; and . that part of the ?vacated alley in said Block 5 lying between the East- erly extensions of the North and South lhes of said Lot 5; and ' WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following new snd separate parcels (herein called "Parcels") : 7/20/81 The East 65.00 feet of Lot 5, Block 5, and the West 17.00 feet of Lot 6, Block 5, blendelssohn, and that part of the vacated alley in said Block 5 lying between the Easterly extensions of the North and South lines of said Lot 5; and Lot 6, Block 5, Mendelssohn, except the West 17.00 feet thereof; and WEREAS, it has been determined that compliance wifh the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and’conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further 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.resolution was seconded by Member Schmidt. . Rollcall : Ayes: Bredesen, Richards, Schniidt, Turner, Courtney . Nays: None Resolution adopted. OFF SYSTEM EXPENDITURE OF STATE AID FUNDS APPROVED. man, Member Schmidt offered the following resolution and moved.its adoption,.auth- or2zing expenditure of State Aid funds for 66th-and .Xerxes improvements: As recommended by Mr. Hoff- RESOLUTION APPROPRIATION OF MUNICIPAL STATE-AID RTNDS TO C.S.A.H. 31 AND 53 WHERFAS, it has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on C.S.A.H 31 and 53 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Department of High- ways and identified in its records as S.A.P. No. 120-020-10 and 120-020-11; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby appropriate from its Municipal State-Aid Street, Funds the sum of $80,000 ($30,000 and $50,000. respectively) to apply toward the construction of said projects and does request the Commissioner of Highways to approve this authorization. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes : Bredesen, Richarils, Schmidt, Turner, Courtney Nays: None I Zesolution adopted. . BROOKLINE ADDITION EASEMENT VACATION HEARING DATE SET. Hoffrmn, Member Bredesen offered the following resolution and moved its adoption: As recommended by Mr. RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEIENTS FOR UTILITY AND DRAINAGE PURPOSES BE IT RESOLVED by the City Council of the City of Edina, HeMepin County, Minne- sota, as follows: 1. utility and drainage purposes should be considered for vacation in zccordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: 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 It is. hereby found and determined that the following describeh easement for 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. . 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the’Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice; at least 14 days prior to the date of such hearing, in at least three (3) public and*conspicuous places within the City, as provided in Yinnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of notice (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, .MINNESOTA 55424 .. 7/20/81 , NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENTS FOR UTILITY AND DRAINAGE PURPOSES IN THE CITY OF EDINA, COUNTY OF HENNEPIN, MINNESOTA NOTICE IS HEREBY GIVEN that the Edina City Council will meet at the Edina City Hall, 4801 I?. 50th Street, on Xonday, August 17, 1981, at 7:30 o'clock p.m. for the purpose of holding a public hearing on the proposed vacation of the following easements for utility and drainage purposes: 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 All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacations are in the public interest and should be made shall be heard at said time and place. to which such proposed easement vacations affect existing easements within the area of the proposed vacations and the extent to which the vacations affect 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 maintain- ing the same or to enter upon such easement areas or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation shall continue. BY ORDER OF THE EDINA CITY COUNCIL. The Council shall consider the extent a -3 a B) 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. e ORDINANCE NO. 1401-A6 ADOPTED; SECOND READING WAIVED. Member Richards offered the following ordinance for First Reading, with waiver of Second Reading, and moved its adoption: ORDINANCE NO. 1401-A6 AI3 ORDINANCE ANENDING THE EDINA TRAFFIC CODE TO IMPOSE PENALTIES FOR VIOLATIONS OF FIRE LANE RESTRICTIONS AND PRESCKIBING PENALTIES .. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: amended to read as follows: Section 1. Subsection 21.04 of. Section 2 of Ordinance No. 1401 is hereby "21.04 M.S., Sec. 169.89 (Penalties), as amended by Chapter 520, Ivlinnesota' Laws of 1980, except that references therein to 'this chapter' skiall mean and refer to this ordinance ' I' . Sec. 2. Ordinance No. 1401 is hereby amended by adding thereto a new Part 23 "23. Fire Lane Violations. Violations of Sec. 7 of Ordinance No. 611 relating to fire lanes shall be enforced pursuant to the provisions of Sec. 21.04 of this ordinance. " Sec. 3. This ordinance shall be in full force and effect imediately upon its as follows: passage and publication. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes : . Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST: I ' +-,L&d_( 3.2fiL-tx- City Clerk ORDINANCE NO. 61143 AMPTED; SECOND READING VAIVED. following ordinance for First Rzading, with waiver of Second Reading and mved Member Schmidt offered the its adoption: ORDINLSCE NO. 6ll-A3 AN ORDINANCE EXCLUDING FIRE LANE VIOLATIONS FROM THE PENALTY PROVISIONS OF ORDINANCE NO. 611-A2 AND PRESCRIBING PENALTIES AS IN ORDIIJANCE NO. 14% THE CTTY COUNCIL OF THE CITY OF EDINA, MIMN):SOTA, ORDAINS: a sen$ence as follows: Section 1. Sec, 7 of Ordinance No, 611-A2 is hereby amended by adding thereto 7/20/81 * "Violations of this section are excepted from the provisions of Sections 8 and 9 of this ordinance and instead shall be governed and enforced by Section 21.04 of Ordinance No. 1401." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the resolution was seconded by Member Richards. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : Ciy Clerk ORDINANCE NO. 406-A1 ADOPTED ON FIRST READING; SECOND READING WAIVED. Member Bredesen offered the following ordinance for First Reading, with waiver of Sec- ond Reading, and moved its adoption: ORDINANCE NO. 406-A1 TO ADOPT THE 1980 MINNESOTA STATE BUILDING / AH ORDINANCE AMENDING ORDINANCE NO. 406 CODE BY REFERENCE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 1 of Ordinance No. 406 is hereby amended to read as follows : ? "Section 1. Minnesota State Building Code Adopted. .There is adopted and incorporated herein by reference, as an ordinance of the City, the lfinne- sota State Building Code as promulgated by the Department of Administra- tion of the State of Minnesota and made effective on September 9, 1980, which Code is hereinafter referred to as the MSBC. Provided, however, that no provisions of the MSBC, or documents referred to therein, which are not required by State- law to be adopted by the City are adopted and incorporated herein by reference: (a) Chapters 12 (Existing Buildings), 38 (Basement Pipe Inlets), 48 (Cellulose Nitrate Film), 49 (Patio Covers), 51 (Elevators, Dumb- waiters, Escalators and Moving Walks), 53 (Energy Conservation in New Building Construction), 55 (Membrane Structures) and 70 (Excava- tion acd Grading) of the Appendix of the 1979 Edition of the Enifom Building Code, as published by the International Conference of Build- ing Officials (herein referred to as the llUBC1l) ; 1979 Minnesota Plumbing Code, Appendices C (Recommended Guide for Sizing the Water Supply System) and D (Sizing the Building Water Supply Distribution System) ;:.' NSBC, Appendix D (Building Security); The fee schedule of Table 3-A in Section 304 of the UBC; provided, however, that the first 15 lines of said Table are hereby amended to read as set forth in Schedule A to Ordinance No. 171 opposite the Fee Numbers 9a through 9g, inclusive; provided further that said Table is hereby further amended by adding the following language. thereto : "In order to insure that the demolition of any building or structure in the City of Edina is done in accordance with this and all other applicable ordinances and regulations and within the time specified -in the application or permit, and that the permittee will iodemnify and save the City and its officers harmless against any and all cldims, judgments or other costs arising from the demolition and other worg covered'by the permit or for which the City of Edina, its City CounFil or any of its officers may be made liable by reason of any accident or injury to persons or property through fault or neg- lect of the permittee, the fee for a pe-rmit to demolish any building or structure in the City of Edina shall include, in addition to the above-stated amount, security in the form of a performance bond, letter of credit or cash deposit, as the City of Edina shall determine. The security shall be in an amount to be determined by th6 Building Official. satisfactory to the City and shall be with a corporate surety auth- orized to do business in Minnesota and approved by the City Council. If a letter of credit is used, it shall be fr'om a national or Minne- sota state bank approved by the City Council, shall be unconditional and irrevocable, and shall provide that funds up Zo the 'total amount of the letter of credit will be paid to the City, from time to time, (b) (c) (d) ' .. . I If a performance bond is used, it shall contain terms t Sec. upon written demand of the City. shall be deposited with and held in escrow by a national or Minnesota state bank having an office in the City, and a written agreement signed by the applicant aild the bank shall be delivered LO the Building Offi- cial; whereby the Eunds in escrow will be paid to the City, from time to time, upon written demand of the City." 2. Section 2 of Ordinance N0.406 is hereby amended to read as follows: "Sec. 2. Codes on File. One copy of each of the following, each marked "Official Copy", is on file in the office of the Clerk and shall remain on file for use and examination of the public: If a cash deposit is used, such cash MSBC, with appendices; UBC, with appendices; 1978 National Electrical Code; 1978 American National Standard Safety Code for Elevators, Dumb- waiters, Escalators, and Moving Walks, identified as ANSI A17.1-1978, and supplements ANSI A17.la-1979; 1979 Minnesota Plumbing Code, with Appendices By C and D; Sections 100 through 1406 of the 1972 Edition of "Flood Proffing Regulations", as promulgated by the office of the Chief Engineers, U. S. Army; 1975 Edition of the One and Two Family Dwelling Code; Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code, identified as SBC 7101 through SBC 8505; "Design and Evaluation Criteria for Energy Conservation in New Buildings, Additions and Remodeled Elements of Buildings and Stand- ards for Certain Existing Public Buildings", identified as 2 MCAR' 81.16001 through 2 MCAR g1.16006 (2MCAR 81.16007 through 2 MCAR s1.16013 reserved for future use .) ; Standards of Performance for Solar Energy Systems and Sub-systems Applied to Energy Needs of Buildings, 1977 Edition, identified as 2 MCAR 51.16101 through 2 MCAR 81.16107; and State of Minnesota Mobile Home Installation Standards 1977, identified as 2 MCAR 51.90450 and related definitions in 2 MCAR 5 1.90 103. Clerk shall furnish copies of said codes or regulations at cost to person upcn request. I' Sec.-3. This ordinance shall be in fuli force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was .seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : A. City Clerk lL,, ORDINANCE NO. 407-A1 ADOFED ON FIRST WING; SECOND READING WAIVED. Turner offered the following resolution and moved its adoption: Member - ORDINANCE NO. 407-A1 AN ORDINANCE AMENDING ORDINANCE NO. 407 TO UPDATE REFERE;NCES TO THE UNIFi3RM BUILDING CODE THEREIN THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "AN ORDINANCE IXF'OSING ADDITIONAL DUTIES AND CONFERRING ADDITIONAL POWERS UPON TEIE BOARD OF APPEALS CREATED BY SECTION 204 OF THE 1979 EDITION OF THE UNIFORM BUILDING CODE ("UBC") , AND TO CHANGE ALL REFERENCES TO PRIOR BOARDS AND COM- MISSIONS TO THE BOARD OF APPEALS" The title of Ordinance No. 407 is amended to read as follows: 2. Subsection 7(b) of Ordinance No. 407 is amended to read as follows: Consider appeals taken by any person from any order, requirement, permit, decision, refusal or determination made by the Building Official or the Bureau of Fire Prevention o'r the Public Health Sanitarian in the applica- tion or administration of the ordinances of the City regulating construc- tion, alteration, moving or deinolition of buildings, the construction, installation, alteratioa or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or the installation, alteratfor. or removal of electrical wiring and equipment; provided, however, that the Board of Appeals shall not hear any appeals from, nor have any jurisdic- tion over, actions taken,by any official of Edina under Section 203 of 7/20/81 I90 the UBC, as adopted by the State of Minnesota and incorporated within the Minnesota State Building Code, or under Ordinance No. 471, or any ordinance enforced by means of the procedures set forth in Ordinance No. 471;" This ordinance shall be in full force and effect immediately upon Sec. 3. . its passage and publication. Motion for adoption of the ordinance was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. I e ATTEST : F L*.- &. fh ,/ City Clerk ORDINANCE NO. 471-A4 ADOPTED ON FIRST READING; SECOND READING WAIVED. Richards offered the following resolution and moved its adoption: Member ORDINANCE NO. 471-A4 .- AN ORDINANCE AMENDING NO. 471 TO DELETE SUPERFLUOUS LANGUAGE THEREFROM THE CITY COUNCIL OF THE CITY OF EDINA, BIINNESOTA, ORDAINS: Section 1. in its entirety. Sec. 2. ted as Paragraph (g) . Sec. 3. its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Paragraph (g) of Sec. 2 of Ordinance No. 471 is hereby deleted Paragraph (h) of Sec, 2 of Ordin'ance No. 471 is hereby redesigna- This ordinance shall be in full force and effect immediately upon Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. . (? ATTEST: $bCc4+L- d. YL, City Clerk CLAIMS PAID. firmation of payment of the following Claims: Fund, $9,582.60; Art Center, $223.20; Go-lf Course, $2,282.20; Recreation Center, $320.30; TJater Fund, $315.54; Liquor Fund, $450,614.10; Construction, $6,503.29; Total, $538,664.02; and for payment of the following Claims as per ?re-List: ming Pool, $3,045.68; Golf Course, $11,407.13; Arena, $7,518.92; Gun Range, $505.76; Water Fund, $7,788.77; Sewer Fund, $126,803.60; Liquor Fund, $157,236.70; Construction, $108,944.64; Total, $607,401.43. Motion of Member Schmidt was seconded by Member Turner for con- General Fund, $68,822.79; Park General Fund, $162,489.68; Park Fund, $16,876.91;. Art Center, $4,783.64; Swim- .. Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. No further business appearing, Member Schmidt's motion for adjournment was sec- onded by Gember Bredesen. Adjournment at 10 :28 'p .m. ..