Loading...
HomeMy WebLinkAbout19831017_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 17, 1983 107 d- ol I- C) a a Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. CHEMICAL PEOPLE WEEK AND BUSINESS WOMEN'S WEEK PROCLAIMED. the following proclamations which were unanimously adopted by the Council: Mayor Courtney presented PROCLAMATION WHEREAS, alcohol and drug abuse is a problem which affects ever.? resident of our - community through social and/or economic costs; and WHEREAS, the impact of drug and alcohol abuse is especially significiant with respect to the young people of our area; and WHEREAS, the education of young people as to the harmful effects of drugs and alcohol is necessary to enable them to make a responsible choice when faced with the chemical decision; and WHEREAS, "The Chemical People: Minnesota'' is a state-wide project designed to provide accurate and vital information on the problems associated with alcohol and drug abuse through the use of television and town meetings; and WHEREAS, endorsement by municipal officials of "The Chemical People: Minnesota'' project may encourage a higher level of participation; NOW, THEREFORE, I, C. WAYNE COURTNEY, Mayor of the City of Edina, do hereby proclaim the week of October 30 - November 4 as in Edina and urge'all residents to participate in the week's activities to whatever extent is possible. Accepting the proclamation was Barbara Raap who explained "The Chemical People: Minnesota" project . WHEREAS, over half of the women age 16 and over are in the labor force, and that per-, centage is rising, and WHEREAS, for more than a half century, the National Federation of Business Profess- ional Women's Organization has helped to promote the interests of business and pro- fessional women, encouraging a spirit of cooperation and the development of new opportunities for education in industrial, scientific, and vocational fields; and WHEREAS, the Federation has kept in step with the aspirations and needs of women, and equally important, it has stressed advancement based on demonstrated capacity to lead; NOW, THEREFORE, I, C. WAYNE COURTNEY, Mayor of the City of Edina, State of Minnesota, do hereby proclaim the week of October 16 through 22, 1983 to be in the City of Edina. "CHEMICAL PEOPLE WEEK" PROCLAMATION BUSINESS WOMEN'S WEEK LYLE SMESTAD COMMENDED FOR SERVICE TO CITY. Smestad and advised that he has been employed with the City since November of 1970. He began his employment'as a light equipment operator and then moved to sewer main- tenance where he is responsible for all the City's pumps and lift stations. land commended him for his constant and responsible service and presented him with a silver pen bearing the Edina Logo. Members of the Council joined in congratulating and thanking him. City Manager Rosland introduced Lyle Mr. Ros- MINUTES of the Regular Council Meeting of October 3, 1983 and the Special Council/ School Board Meeting of October 10, 1983 were approved as submitted by motion of Member Turner, seconded by Member Schmidt. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. HEDBERG AND SONS COMPANY REZONING REQUEST (R-1 DISTRICT TO POD-1 DISTRICT) CONTINUED. As requested by the proponents, Member Turner's motion was seconded by Member Richards to continue the rezoning hearing for Hedberg and Sons Company, from R-1 District to POD-1 District, to November 7, 1983. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. HAYMAKER REZONING REQUEST (R-1 DISTRICT TO PRD-3 DISTRICT) CONTINUED. As requested by the owner of Lot 3, Block 4, Grandview Heights, Member Turner's motion was seconded by Member Richards to continue the rezoning hearing for Haymaker, from R-1 District to PRD-3 District, to November 7, 1983. Ayes: Bredesen Richards, Schmidt, Turner, Courtney Motion carried. SRELIMINARY PLAT APPROVAL OF SVANOE REPLAT CONTINUED TO 11/7/83, were presented by Clerk, approved as to form and ordered placed on file. advised that the subject property (Lot 3, Block 3, Carolane Addition) measures 36,399 square feet in area and is zoned R-1 Single Family Dwelling District. It is improved with a single family dwelling located on the easterly portion of the lot. Affidavits of Notice Planner Larsen The proponent 10/17/83 is requesting a subdivision of the property to create one new buildable lot located to the west of the existing home. The proposed new lot would measure 18,515 square feet in area, 97 feet in width and 198 feet in depth. existing home would measure 17,884 square feet in area, 153 feet in width and 116 feet in depth. Mr. Larsen noted that the adjoining lot to the east was an exact mirror image of the subject property when platted in 1958. in 1964 in a manner similar to the present request, however, the location of the existing dwelling allowed a replat with more equal lot widths. Siting of the proposed new dwelling will be somewhat difficult due to the shape of the lot and the curve of the street and will likely maintain a larger than normal front yard setback which would affect the symmetry of the neighborhood. The other lots on the south side.of Lee Valley Circle are larger in size, especially lot width, than the proposed sub- divided lot. Mr. Larsen advised that the owner of the property to the west and north of the subject property is concerned that the proposed house will be set so far to the rear of the lot that it will overlook his backyard. He indicated that Don Patten was present to represent the proponent. Mr. Patten stated that they had met with TJilliam Smith, owner of the lot to the west and north, and it was learned that both Mr. Smith and the buyers of the proposed subdivided lot are using the same architect and it is anticipated that Mr. Smith's concerns will be resolved by screen- ing along the rear of the proposed 1ot.and by architectural design. 7017-Lee Valley Circle, reiterated his concern that the width of the proposed lot now has in his backyard. the proposed new lot and the present owner of the property and had asked if they would voluntarily impose restrictions,to insure privacy for the adjoining homes. Both the realtor and present owner would not grant that. was respectfully asking that a decision to approve this subdivision be postponed until such time as he had an opportunity to review a proposed site plan to insure that the screening for both the present owner and himself is protected. berg, 7017 Lanham Lane, noted that he owns the property directly to the rear of the subject property and that the privacy they have now would be completely destroyed if the proposed dwelling were constructed. Member Bredesen asked if Council could attach conditions to the approval of a subdivision. Attorney Erickson advised that the ordinance does provide that some conditions can be attached, but that there are fairly general provisions in the platting ordinance which should be reviewed in order to determine what conditions might be. hearing on preliminary plat approval for Svanoe Replat be continued to November 7, -1983, so that Council could be advised and consider conditions that could be attached to the granting of plat approval. The lot retained for the That lot was subdivided I William Smith, - would constrain the siting-of the house and that he wished to retain the privacy he He advised that he had met with the realtor who had sold Mr. Smith stated that he Ed Knippen- Member Schmidt then moved that the I Motion was seconded by Member Bredesen. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PRELIMINARY PLAT APPROVED FOR REPLAT OF LOT 1, BLOCK 1, KNOLLVIEW ADDITION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Planner Larsen advised that the subject property, generally located at Shannon Drive and Lee Valley Road, measures approximately 39,000 square feet in area and is zoned . R-1 Single Family Dwelling District. erly one-half of the lot. The owner of the property is requesting a subdivision to create one new single family lot to the north of the existing home. new lot would measure 14,400 square feet in area and would be 95 feet in width and 155 feet in depth. which are very similar in size to the proposed new lot, however, to the west are unusually large single family lots. Immediately to the north and south are lots which are significantly larger. Construction of a dwelling on the proposed new lot would be somewhat complicated by required setbacks from the street frontages-in'asmuch as it would be a corner lot. In Staff's view, the proposed lot should compare logi- cally with lots to the north, east and south rather than the unusually large lots to the west. Mr. Larsen explained that Staff had recommended that the proposed south lot line be relocated southerly to provide a larger building site and that this has been done. The Community Development and Planning Commission had recommended approval. Staff would also recommend preliminary plat approval, conditioned upon subdivision dedica- tion. Mr. Larsen indicated that Jack Barron was present to represent the proponent. and would also be the builder. would be adequate. provide a setback of 28 feet and that only 25 feet is required. No further comments being heard, Member Schmidt offered the following resolution and moved its adoption: A single family dwelling is located on the south- The proposed He explained that the subject property borders lots to the east On this basis the proposed lot is very consistent with lots in the vicinity. I Member Turner questioned if the rear yard setback Mr. Larsen responded that the redrawn southerly lot line would RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR REPLAT OF LOT 1, BLOCK 1, JCNOLLVIEW ADDITION BE IT RESOLVED by the Edina City Council that that certain plat known as Replat of Lot 1, Block 1, Knollview Addition, platted by Eugene A. Nieland, and presented at the regular meeting of the City Council of October 17, 1983, be and is hereby granted preliminary plat approval, conditioned upon subdivision dedication. Motion for preliminary plat approval was seconded by Member Turner. Rollcall : 109 Ayes: BreLsen, Richards, Schm Resolution adopted. It, Turner, Courtney VERNON DEVELOPMENT 1ST ADDITION (FORMERLY.OHI0 BUCKEYE CONDOMINIUMS) GRANTED FINAL PLAT APPROVAL. Mr. Larsen recalled that Council had granted final rezoning and pre- liminary plat approval on August 15, 1983, for property generally located west of Cahill Road and south of Braemar Oaks Apartments, to allow construction of a 36-unit three story condominium building. the subdivision dedication along the southerly boundary which would beneficially expand and square off the north boundary line of William Wardwell Lewis Park. the proponents are now requesting final plat approval and Staff would recommend this be granted subject to the dedication of Outlot A to the City, as shown on the final plat, which represents 11.4% of the land. Mr. Erickson advised that the proponents have agreed to give a deed and evidence of title to the City, plus paying all the special assessments and taxes payable in 1983 and 1984, which will be covered under an agreement to be signed by them. No further comments being heard, Member Richards offered the following resolution and moved its adoption: At that time a land dedication was requested for He stated the RESOLUTION GRANTING FINAL PLAT APPROVAL -EQR VERNON DEVELOPMENT 1ST ADDITION BE IT RESOLVED by the Edina City Council that that certain plat known as "Vernon Development 1st Addition", platted-by Parkwood Knolls Construction Company, a Minn- esota corporation, Douglas J:Olson and Mary 0. Olson, husband and wife, and Vernon Development, a Minnesota corporation, and presented for final plat approval at the Edina City Council Meeting of October 17, 1983, be and is hereby granted final plat 0 P. approval. 0 Rollcall: c[3 Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. a TRAFFIC SAFETY MINUTES OF 10/11/83 APPROVED. by Member Turner to approve the following recommended action as listed in Section A Motion of Member Bredesen was seconded of the Traffic Safety Committee Minutes of September 13, 1983: ' .. 1) To enhance the striping of the two crosswafks on West 50th Street between France Avenue and Halifax Avenue, and to acknowledge Section B of the Minutes.. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion -carried. As' also recommended in Section A of the minutes, Member Bredesen offered the following resolution and moved its adoption: WHEREAS, the Vernon Avenue (CSAH 158) segment from Highway 100 east to Gleason Road is under Hennepin County control, and WHEREAS, Vernon Avenue is a location of frequent requests in Edina as to the need for traffic signalization, and WHEREAS, this segment of roadway appears to have more potential crossing hazard due to its configuration than other roadway segments in the community, and WHEREAS, the Edina Traffic Safety Committee has recommended to the City Council of Edina that traffic signal warrant studies be completed at the Vernon and Blake and Vernon and Tracy intersections; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Edina requests that the Hennepin County Public Works conduct traffic signal studies at the above intersections to determine the need for traffic sginals to promote crossing safety. Motion for adoption of the resolution was seconded by Member Turner. RESOLUTION TO HENNEPIN COUNTY BOARD I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. SOUTH HENNEPIN HUMAN SERVICES COUNCIL UPDATE GIVEN. report on South Hennepin Human Servcies Council (SHHSC) activities would be presented Mr. Rosland advised that an update by-Robert Emerson, who is one of Edina's representatives on the Council. noted that SHHSC is funded in part by the City of Edina and reported on four activities that SHHSC is engaged in and which the City is helping to support: 1) the Mini-Directory, a resource guide'to South Hennepin residents and to human service personnel, 2) the Energy Assistance Program, providing direct service to low income residents in the form of vendor payments to their primary heating source (132 households in Edina were helped last year), 3) the Surplus Food Program (an average of 213 households per month in Edina received surplus commodities), and 4) the Emergency Assistance Program, providing temporary emergency services of food, shelter, clothing and limited transportation. No formal action was taken. Mr. Emerson EDINAMITE '83 DATE NOTED. Robert Emerson, committee member for EDINAMITE '83, called attention to the benefit event for The Edina Foundation - EDINAMITE '83 - to be held on November 12 at Southdale Center and noted that tickets could be purchased at $25.00 each from him or at City Hall. 10/17 / 83 110 WOODDALE SCHOOL PROPERTY DISCUSSED. Mr. Rosland noted that Council had received copies of a letter from Jim curry, 4817 Upper Terrace, in which he summarized his thoughts on the Wooddale School property. tendent of Schools, advising that the School Board had adopted a resolution regarding notification to Marsh Everson of termination of his lease at the Wooddale School, effective August 31, 1984. Mr. Rosland suggested that the Council may desire to have the study committee meet to consider the questions raised at the joint Council/School Board meeting of October 10, 1983, regarding the Wooddale School property. Member Richards stated he would like answers to the following questions: 1) Whether the Park Board would see a need for the facility for any of the Park and Recreation programs, 2) Whether the City staff forsees a need for the existing facility, and 3) What alter- natives would be available to the Edina Historical Society if they were asked to relocate. Member Turner raised additional questions as follows: 1) Costs to the Cit if the City were to receive the property and do nothing with it, 2) How receiving the property would fit .in-with the Long Range Planning program, and 3) How it would fit with the City's Comprehensive Plan. the City to-take over the Wooddale School property and preserving the building for historical purposes in view of the stipulation that if the School Board ever needs the site for school use that th'e property bould revert back to the School District at which time the building would likely b'e replaced. property should be held in public domain but that before the City would agree to receiving the property we should look at all the terms that would be imposed upon acquiring it. conditions would be imposed, but that it was unclear to him if it should be held in public control by the School District or by the City. the consensus of Council was that the Wooddale School property should be held in public domain but that, before the City would commit to receiving the property, more infor- mation should be obtained, Mr. Rosland suggested that staff be directed to consider the questions that have been raised by Council and to prepare a report in response within the next ten days so that the study committee could meet prior to the November 7, 1983 Council Meeting. that the report be prepared by staff and that the City Manager schedule a meeting of the study committee thereafter. No formal action was taken. Also noted was a letter from Dr. Ralph Lieber, Superin- .1 Member Schmidt questioned the-reasoning for She stated that she believes the Member Bredesen added that he also was concerned about what terms and Mayor Courtney summarized that Upon mutual agreement of the Council, Mayor Courtney ordered COMMITTEE ON ALTERNATIVE STRATEGIES FOR DELIVERING MlTNICIPAL SERVICES DISCUSSED. Mayor Courtney recalled that at the special meeting of October 10, 1983, Council had reviewed a list of names which members had submitted as candidates for the Committee .on Alternative Strategies for Delivering Municipal Services and had also selected from the list a proposed chairman to be contacted by Member Bredesen as to willingnes to serve. He added that once a chairman has been confirmed the committee members would be called and upon their acceptance the committee would be activated. Member Schmidt called attention to an editorial in the Edina Sun on October 12, 1983, with reference to a project entitled "Public Services Redesign Project" which is being directed by Ted Kolderie at the University of Minnesota. he has talked with Mr. Kolderie's assistant and has received materials regarding the project and that Mr. Kolderie will be meeting with the Committee. No action was taken. I Member Bredesen advised that AGREEMENT FOR PROJECT NO. CP-8 (CASCADE LANE) MINNEHAHA CREEK WATERSHED DISTRICT DISCUSSED. has submitted a draft agreement under which the District would be able to undertake a project in cooperation with the City of Edina and the Minnesota Department of Trans- portation to reconstruct the creek channel in the vicinity of T.H. 100 and that the agreement, plan and specifications must be approved by November 7, 1983. Mr. Hoffman noted that the agreement provides that the City of Edina would construct the minor berming along the Francis property on Cascade Lane. to prevent encroachment of overbank flow onto improved properties whenever the creek is at an elevation of less than its 10-year flood frequency. recalled that the City's policy has been not to provide berming or repair of re- taining walls due to overbanking, and that the berming of the Francis property is being suggested because.the cascade structure in Minnehaha Creek forces water around the sides causing erosion between the structure and the T.H. 100 bridge. was taken. (Member Richards left the Council Chambers at this point.) INCREASE IN NUMBER OF MANAGERS/MINNEHAHA CREEK WATERSHED DISTRICT BOARD DISCUSSED. Mr. Rosland advised that the Minnesota Water Resources Board will meet on November 3, 1983, for the purpose of receiving recommendations on whether the number of managers of the Minnehaha Creek Watershed District (MCIJD) should be increased from five up to a maximum of nine. appointed by Hennepin County and one by Carver County. an increase up to nine managers would give the City of Edina a better chance for representation on the Board, keeping in mind the problems that have developed in recent years for Edina properties abutting Minnehaha Creek. Mr. Hoffman noted that Minnehaha Creek involves 30 communities and that it has been difficult with only five managers to get every community's viewpoint heard. Engineer Hoffman advised that the Minnehaha Creek Watershed District (MCVD) The purpose of such work would be Mr. Hoffman No action 'I Currently the MCTJD has five managers of which four are Mr. Rosland commented that Member Turner's motion 10/17/83 ,* 111 I d- m P 0 5 m I I was seconded by Member Schmidt to recommend to the Minnesota Water Resources Board that the number of managers of the Minnehaha Creek Watershed District be increased, as authorized by Minnesota Statutues Section 112.42, Subd. 3a., from five up to a maximum of nine. Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. (Member Richards returned to the Council Chambers thereafter.) R-1 DISTRICT MORATORIUM DISCUSSED. Mr. Rosland reminded the Council that the mora- torium prohibiting construction of new improvements and expansion of existing improvements in the R-1 Zoning District was imposed for a period of ninety days and will expire on November 10, 1983. He noted that Council will be meeting over the next several weeks to review the draft Zoning Ordinance. Staff would therefore recommend that the moratorium be extended to Sanuarg'9, 1984, the first regular .. Council meeting in January so that the Zoning Ordinance would be in full force and effect. Member Bredesen suggested that Council defer any action until the special meeting scheduled on October 31, 1983, so that non-residential properties in the R-1 District could be notified as to the proposed extention of the moratorium. It was informally agreed that the matter be continued to the October 31, 1983 meeting. APPRECIATION EXPRESSED TO EDINA HUMAN RELATIONS COMMISSION-FOR INVOLVEMENT.' Member Turner. asked..that'appreciation be expressed to the Edina Human Relations Commission for their action and- involvement in numerous recent activities. LETTER REGARDING COMMITTEE ON ALTERNATIVE STRATEGIES FOR MUNICIPAL SERVICES NOTED. Member Bredesen distributed a letter to the Council Members which he had received regarding the Committee on Alternative Strategies 5or Delivering Municipal Services. GARBAGE/REFUSE COLLECTION FOR 44TH AND FRANCE BUSINESS DISTRICT DISCUSSED. Member Bredesen advised that he had an inquiry from one of the business places at 44th and France business district relative to a possible garbage/refuse collection arrangement for those businesses similar to the method now used for the 50th and France Avenue district. Mr. Rosland .advised that the City presently is taking bids for garbage collection for the City properties at 50th and France Avenue and after those bids come in we would have a better estimate as to cost. discussed at that time. No action was taken. He suggested the matter be ASSOCIATION OF METROPOLITAN MUNICIPALITIES DRAFT POLICIES REGARDING METRO AGENCIES DISCUSSED. of the Association of Metropolitan Municipalities (AMM) regarding metro agencies and will be sending Council members a packet of materials regarding proposed revisions to existing policies. He asked that the Council review those revisions and give him any comments thereon before the next AMM committee meeting on Nov- ember 2, 1983. No action was taken. Member Richards advised that he has been attending committee meetings COUNCIL PARTICIPATION IN EDINAMITE '83 PLANNED. Member Richards stated that he would like to have the Council members again participate in this year's Edina Foundation Benefit - EDINAMITE '83. ion and Mayor Courtney asked that Nr. Rosland 'and Mrs. Turner work together and bring some~rservice:projects'.proposals to the November 7, 1983 Council meeting so that Council could make a decision then. Mr. Rosland agreed to chair the benefit pro j ect . COUNCIL STRATEGIC PLANNING AND POLICY DEVELOPMENT SCHEDULE REVISED. Mr. Rosland called Council's attention to a revised schedule of City Council Strategic Planning and Policy Development Sessions, noting that the next meeting would be on October 31, 1983, when Council would begin review of the Zoning and Subdivision Ordinances. He asked the members to mark their calendars and stated that all meetings would begin at-7:00 p.m. No action was taken. The Council unanimously endorsed the suggest- CLOSED MEETING CALLED FOR DISCUSSION OF LABOR NEGOTIATIONS. recommended that Council meet in closed session immediately following this meeting to discuss labor negotiations for all bargaining units of the City. Schmidt was seconded by Member Bredesen to meet immediately following adjournment in closed session Ln the Manager Conference Room to discuss labor negotiations. City Manager Rosland Motion of Member Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. VOTING PRECINCT BOUNDARY CORRECTION APPROVED. Mr. Rosland advised that a correction is necessary in the legal description of the boundary between Precinct 8 and Precinct 9 as recorded in the Council Minutes of June 21, 1982, to include 5901 and 5905 Oaklawn Avenue in Precinct 9. Member Bredesen thereupon offered the following resolution and moved its adoption: 10/17/83 RESOLUTION BE IT RESOLVED that the Edina City Council Ninutes of June 21, 1982, be corrected to indicate the following legal descriptions for Precinct 8 and Precinct 9: PRECINCT 8 - Commencing at the intersection of W. 54th Street and France Avenue, thence West along the centerline of W. 54th Street to the centerline of Brookview Ave.; thence Northerly along the centerline of Brookview Ave. and its Northwesterly extension to W. 52nd Street and Oaklawn Ave.; thence Westerly to the centerli'ne of W. 52nd St. and Wooddale Ave. thence Southerly along the centerline of Wooddale Ave. to the centerline of W. 54th St.; thence Westerly along the Westerly extension of W. 54th St. to the centerline of State Highway 100; thence Southerly along the centerline of State Highway 100 to the centerline of Southview Lane extended West; thence Easterly along the centerline of Southview Lane to the centerline of Concord Ave.; thence Southerly along the centerline of Concord Ave. to the centerline of W. 59th St.; thence Easterly along the centerline of W. 59th St. to the centerline of Park Place as platted; thence North along the centerline of Park Place to the the centerline of France Ave.; thence Northerly to the point of beginning. PRECINCT 9 - Commencing at the centerline of France Ave. and W. 58th St.; thence Southerly along the centerline of France Ave. to the centerline of County Road 62; thence Westerly along the centerline of County Road 62 to the centerline of State centerline of Southview Lane extended West; thence Easterly along the centerline of Southview Lane to the centerline of Concord Ave.; thence Southerly along the center- line of Concord Ave. to the centerline of W. 59th St,; thence Easterly along the centerline of W. 59th St. to the centerline of Park Place as platted; thence North along the centerline of Park Place to the centerline of W. 58th St.; thence Easterly along the centerline of W. 58th St. to the point of beginning. Motion for adoption of the resolution was seconded by Member Schmidt. I . . centerline of W. 58th St.; thence Easterly along the centerline of W. 58th St. to - Highway 100; thence Northerly along the centerline of State Highway 100 to the Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. ORDINANCE NOS. 612 AND 645 ADOPTED ON SECOND READING. Mr. Rosland recalled that First Reading had been given for Ordinance Nos. 612 and 645 at the October 3, 1983 meeting and after review by the City Attorney are now presented for Second Reading. He noted that the permit fees would be established in Ordinance No. 171 which incorporates all fees and charges required by ordinance. Paulfranz stated that Ordinance No. 612 would update current City fire code ordinances and would bring the City Fire Code into line with current State Fire Code and Building Code statutes. He added that the City Fire Code is more restrictive in some instances than the State Fire Code, but that there are no new amendments proposed in No. 612. He then pointed out changes in language for amendments to the MUFC and UFC. Member Turner Zhen offered Ordinance No. 612 for Second Reading and moved its adoption as follows: In response to Member Turner, Fire Marshall . ORDINANCE NO. 612 AN ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE CODE AND THE NATIONAL FIRE CODE BY REFERENCE, REPEALING ORDINANCE NO. 611-A1 AND 611-A2, ESTABLISHING A BUREAU OF FIRE PREVENTION, REQUIRING PERMITS, AUTHORIZING ESTABLISHMENT OF FIRE LANES AND IMPOSING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Adoption of Codes and Standards. There is adopted and incorporated herein by reference as an ordinance of the City: Section 1. (a) The Minnesota Uniform Fire Code as promulgated by the Department of Administra- tion of the State of Minnesota and published in the State Register and dated April 11, 1983 (which Code is hereinafter referred to as the "MUFC1') with the changes and omissions hereinafter set forth; The National Fire Code of the National Fire Protection Association, 1982 Edition (hereinafter referred to as llNFC'l), Volumes 1 through 16; and The 1982 Edition of the Uniform Fire Code, as published by the International Conference of Building Officials and the Western Fire Chiefs Association (hereinafter referred to as l'UFC1l), with the changes and omissions hereinafter set forth. (b) (c) I Section 2. Codes on File. One copy of each of the following codes, with the . changes and omissions hereinafter set forth, each marked "Official Copy", shall be - filed in the office of the Clerk prior to publication of this ordinance and shall remain on file and available for use and examination by the public: (a) MUFC; (b) NFC, Volumes 1 through 16; a;nd (c) UFC. The Clerk shall furnish copies of said codes or standards at cost to any person upon request. 10117 1 83 113 Section 3. Definitions. (a) Wherever the word "jurisdiction" is used in the MUFC, it shall mean the City of Edina. (b) Wherever the term "corporation counsel'' is used in the MUFC, it shall mean the Attorney for the City of Edina. (c) Wherever the term "chief" is used in the MJFC, it shall mean the Chief of the Edina Fire Department or his designated representative. Section 4.- Establishment of the Bureau of Fire Prevention. The Bureau of Fire Prevention is hereby established in the Fire Department of the City. It shall be operated under the supervision of the Chief of the Fire Department. The members of the Bureau of Fire Prevention shall be the Chief of the Fire'Department, an Assistant Chief of the Fire Depart- ment and all Inspectors of the Fire Department. The Chief of the Fire Department from time to time may appoint Inspectors of the Fire Department. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Manager. It shall contain all proceedings under this ordinance with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to this ordinance which in his judgement shall be desirable. Section 5. Enforcement; Appeals. The provisions of this ordinance shall be enforced by the Building Official and the Bureau of Fire Prevention in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. Appeals from any order made by the Building Official or the Bureau of Fire Prevention shall be made in accordance with Sections 3 through 10, inclusive, of Ordinance No. 471. and All Section 6. Permit Fee. for each annual renewal thereof shall be established by Ordinance No. 171. permits unless otherwise noted shall expire one year from the date of issuance. Section 7. The fee for each permit required by this ordinance Orders Establishing Fire Lanes. The Bureau of Fire Prevention is hereby authorized to order the establish- . ment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with and that access to fire hydrants or buildings may not be obstructed. Fire lanes in existence on and prior to March 5, 1980 shall be marked by a sign bearing the words "NO PARKING, FIRE LANE" or similar message. Fire lanes established, or existing fire lanes changed, by the City after March 5, 1980 shall be marked by signs, double-faced, not more than 50 feet apart, bearing the words "NO PARKING, FIRF, LANE," and the adjacent curb or roadway shall be striped yellow to clearly define limits of the fire lane. When the fire lane is on public property or public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his expense within 30 days after he has been notified of the order. Thereafter, no person shall park a vehicle on or otherwise occupy or obstruct the fire lane. Whenever any member of the Bureau of Fire Prevention or 2olice Officer finds a vehicle unattended and obstructing a fire lane, such member of the Bureau of Fire Prevention or Police Officer is hereby authorized to provide for removal of such vehicle to the nearest convenient garage or other place of safety outside the limits of the fire lane, at the expense of the owner. -Violations of this section are exempted from the provisions of Section 8 of this ordinance and instead shall be governed and enforced by Ordinance No. 175. Section 8. Violation. unless he or she shall have been given notice of the violation in writing and a reasonable time to comply. any order made pursuant hereto shall be guilty of a misdemeanor and subject to No person shall be convicted of violating this ordinance Section 9. Penalty. Any person violating any provision of this ordinance or of 'penalties pursuant to Ordinance No. 175. Section 10. Amendments to.the MUFC and UFC. (a) Article 4, "Permits and Certificates" of UFC is included in its entirety, with the following change: (1) Section 4.101, No. 38 of UFC, Places of Assembly, is amended to read: "38. Places of Assembly. To operate a place of assembly for purposes of entertainment, amusement, drinking, dining or awaiting transportation, with an occupant load in excess of 150 persons .I1 (b) The following sections of Article 10, "Fire Protection" of UFC as adopted by MUFC are amended as follows: (1) Section 10.301 of UFC as adopted by MUFC is amended by adding thereto a new subsection (f), reading as follows: "(f) be secured as provided for in City Ordinance No. 645, and fees established as provided for in City Ordinance No. 171." Permits for installation of fire protection systems shall .- 10/17/83 114 (2) Section 10.307(a) of UFC as adopted by MUFC is amended by adding a new paragraph to read as follows: "Electric magnetic door holders shall be installed on all fire doors located in area separation walls. When door holders are installed on stairway or smoke barrier doors, they shall be controlled and released by smoke detectors. magnetic door holders shall be connected to the alarm and detection system in such a way that the doors will automatically close upon activation of the alarm system." Section 10.307(c) of UFC as adopted by MUFC is amended to read: "(c) Standard for Installation, Inspection and Maintenance of fire alarm systems shall be according to standards in the NFC." All electric (3) I (c) The following section of Article 11, "General Precautions Against Fire" of UFC as adopted by MUFC is amended as follows: (1) Section 11.204 of MUFC is amended by identifying the first paragraph as (a), and adding a new paragraph to read: "(b) Tests to establish flame retardant quality shall be as provided for in NFC Standard NFPA No. 701.'' (d) The following section of Article 79, "Flammable and Combustible Liquids" of UFC as adopted by MUFC is amended as follows: (1) Section 79.101(a) of UFC as adopted by MUFC is amended by deleting reference to Fire Mar 20-23 Rules and all rules adopted thereby or contained therein. &lUFC is amended by deleting in its entirety 11 MCAR g1.5154 and all rules adopted thereby. Article 82, "Liquified Petroleum Gases" of UFC is included in its entirety with the following changes: (1) Section 82.102 of UFC is amended by adding a new sub-section (c) to read as follows: "(c) of interconnected containers is 500 or more gallons water capacity, the installer shall obtain a permit and plan approval from the Chief." included to read as follows: "(b) All single container installations with a total water storage capacity in excess of 1,000 gallons shall be protected by one or more of the following methods: (i) Mounded in an approved manner, or (ii) (e) (f) Where a single container or the aggregate (2) Section 82.105 (b) of UFC is deleted and a new section 82.105 (b) is I Protected with an approved insulation on such areas that may be subject to impingement of ignited gas from pipelines or other leakage, or Protected by an approved system for application of water, or, Protected by other approved means." (iii) Protected by fire walls of approved construction, or, (iv) (v) Section 11. Interpretation. In the event of a conflict between the provisions Provided,-however, that no provision of this ordinance shall be inter- of the MUFC or NFC and the provisions of this ordinance, the more stringent provision shall apply. preted to exceed the requirements of the Minnesota State Building Code, as adopted by the ordinances of the City of Edina. entirety. its passage and publication. Motion for adoption of the Ordinance was seconded by Member Schmidt. Section 12. Repealer. Ordinance No. 611-Al and No. 611-A2 are repealed in their Section 13. This ordinance shall be in full force and effect immediately upon Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. /+ w ATTEST : P.WG- ayor g?&%. 6i-4- City Clerk Member Turner also offered Ordinance No. 645 for Second Reading and moved its adoption as follows: ORDINANCE NO. 645 AN ORDINANCE REQUIRING PERMITS FOR AND INSPECTIONS OF INSTALLATIONS OF FIRE PROTECTION SYSTEMS, AND IMPOSING A PENALTY TEE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Codes and Standards. All fire protection systems shall be installed in full compliance with applicable City ordinances including then adopted Building and Fire Codes of the City. Section 2. Permit Required. Each person, before installing, reinstalling, extending, altering or modifying any fire protection system, shall make application to the City Building Official-for a permit for that purpose and shall furnish a full description of the work together with such plans and specifications as may be required by the Building Official or any member of the City's Bureau of Fire Prevention. 115 d= a, p. 0 a a Section 3. Inspection. All fire protection systems installed under permit shall be inspected by the Building Official or any member of the City's Bureau of Fire Prevention or by a special inspector designated by the City and shall be approved by any one of them. or concealment. satisfactory to the Building Official, any such member, or such special inspector, shall be made before approval of the system will be given. Section 4. Permit Fees. Fees for permits required by this ordinance shall be established by Ordinance No. 171. Section 5. Definition. For purposes hereof, a fire protection system is defined to mean any grouping, arrangement or system of equipment or devices intended to detect, control and/or suppress a fire, including, without limitation, any fire alarm system, sprinkler system, fire department standpipe system and fixed fire extinguishing system. be guilty of a misdemeanor and subject to penalties pursuant to Ordinance No. 175. its passage and publication. Motion for adoption of the Ordinance was seconded by Member Schmidt. Inspection shall be made during installation and before closure A final inspection and full operating test, with test results Section 6. Section 7. This ordinance shall be in full force and effect immediately upon Penalty. Any person violating any provision of this ordinance shall Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. Mayor 4 City Clerk ALL FUNDS/SURPLUS AND RESERVE AS OF 12/31/81 AND 12/31/82 REVIEWED. by Council, Mr. Dalen presented statements for All Funds/Surplus and Reserve as of December 31, 1981 and December 31, 1982 for review. No formal action was taken. CLAIMS PAID. of the following Claims as per Pre-List: .$6,537-.94, Art Center $2,275.26, Swimming Pool Fund $37.36, Golf Course Fund $10,365.18, Recreation Center Fund $68,196.46, Water Works Fund $2,617.75, Sewer Rental Fund $151,003.68, Liquor Dispensary Fund $66,414.68, Construction Fund $138,074.58, IMP Bond Redemption Fund $326,226.00, Total $907,941.31; and for Confirmation of payment of the following claims: Fund $6,549.06, Art Center $770.05, Park Construction Fund $7.79, Swimming Pool Fund $1,489.29, Golf Course Fund $9,044.22, Recreation Center Fund $3,275.12, Gun Range Fund $645.17, Water Works Fund $22,489.11, Sewer Rental Fund $2,416.84, Liquor Dispensary Fund $302,174.97, Total $517,465.44. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. As requested Motion of Member Richards was seconded by Member Schmidt for payment General Fund $136,152.42, Park Fund General Fund $168,643.82, Park There being no further busiLess , Mayor Courtney declared the meeting adjourned as 8.58 p.m. -.--I - A@A%d?zLdL. City Clerk EDINA CITY COUNCIL OCTOBER 17, 1983 SPECIAL COUNCIL MEETING The Edina City Council met in closed session in the Manager Conference Room immediately following adjournment of the Regular Meeting on October 17, 1983. Present were: Members Bredesen, Richards, Schmidt, Turner, Mayor Courtney, City Manager Rosland, Assistant City Manager Bernhardson and Administrative Assistant Smith. Discussed were labor negotiation procedures, wages and benefits. \ n Mayor Courtney adjourned the meeting at 9:30 p.m. &A?&) Administrafive Assistant