HomeMy WebLinkAbout1975-01-06_COUNCIL MEETINGDavid R. Linden
Attorney At Law
7379 Washington Ave. So.
Edina, Minn. 55435
Phone (612) 941 -4170
December 23, 1974
City Clerk
Village of Edina
4801 West Fiftieth Street
Edina, Minnesota 55424
//� /7 J,
RE: Fire Prevention Bureau Order
November 19, 1974
Dear Sir:
Reference is made to that certain letter dated November 19, 1974, from
Mr. Theodore Paulfranz of the Edina Fire Prevention Bureau to Inland Con-
struction Corp., relating to the installation of an automatic sprinkler
system in buildings 7651 and 7675 Washington Avenue South, Edina, Minne-
sota.
Please be advised that, pursuant to City Ordinance No. 471, you are hereby
notified of Inland's intent to appeal this order to the City Council. Al-
though the thirty day period within which to file the appeal expired on
December 19, 1974, an extension of this date was given pending Mr. Paul -
franz's return.
By copy of this letter to Mr.
me with copies of the specific
Inland is in violation.
DRL :blm
cc: William D. Harrison
Theodore Paulfranz
Paulfranz, I am requesting that he provide
code provisions which, it is claimed,
P y r", s,
i
nden
5
NORTHERN
January 3, 1975
STATES P.O W E R
NORMANDALE DIVISION
6309 WEST 70TH STREET.
EDINA, MINNESOTA 55435
Honorable Mayor and City Council
City of Edina
4801 West 50th Street
Edina, MN 55424
Dear Sir:
COMPANY
NSP has filed a request with the Minnesota Public Service.Commis-
sion for a general increase in electric prices. I'm writing to
you so that you have an understanding of the proposed increase
and why we need it..
very simply, NSP must increase electric prices to meet the sky-
rocketing costs of supplying electricity and to assure our customers
dependable electricity now and in the future.
NSP's request to the Public Service Commission is for a $58.7
million increase in electric revenues on an annual basis. That
works out to a 16 percent increase in our annual revenues in
Minnesota. I want to emphasize that the 16 percent is the increase
in our annual revenues, but that individual customers will receive
varying percentage increases depending on their usage. The rates
we are proposing continue the lower winter and higher summer price
approach initiated in 1974. We charge more for electricity during
the summer months to help pay nor the plants and other facilities
built to meet the higher summer electric demands of our customers.
The proposed electric price increase will go into effect on an
interim basis on bills that customers receive in February. It
will continue on an interim basis until the Public Service Commis-
sion makes a final decision on the amount of the increase. If the
final prices vary from the interim prices, adjustments for the
differences will be made for customers.
City of Edina
January 3, 1975
Page 2
We've made a concerted effort at all levels of our company to
exercise close control of expenses and to reduce present and
future expenditures, consistent with good service. For example,
we're serving.180,000 more electric customers today than we did
ten years ago - -with 100 fewer employees. In spite of increased
efficiency, our costs have risen faster than revenues. Inflation
is the largest single factor in this situation..
Even with recently- announced deferrals of several future power
plants, reflecting less projected growth.in electric demand than
previously forecast, we estimate that we will have to spend about
$1.3 billion on essential new construction over the next five
years. If the sharp drop in our per- share earnings over the past
two years is not corrected through an adequate price increase,
our ability to obtain financing for this construction program will
be severely impaired. This will mean higher financing costs and
could affect our ability to serve our customers.
Electricity produced by abundant coal and nuclear fuels is certain
to-become a dominant factor in supplying the energy requirements
of this area. NSP has the fuel resources, the people and the know-
how to move confidently into this electric future. It is important
that we have the one other ingredient- -good financial health--
necessary to make the vital energy contribution to the area's
future.
Thanks for taking the time to read this letter. If you have any
questions or comments, please get in touch with me. My telephone
number is 941 -1518.
Sincerely,
Ralph Duncanson
Division Manager
Normandale
ROD: amt
s
z
NORTHERN
October 24, 1974
A&SIP
STATES POWER
NORMANDALE DIVISION
8309 WEST 70TH STREET
EDINA. MINNESOTA 99433
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDINA
EDINA, MINNESOTA
COMPANY
LO- 4
Gentlemen:
a "
As you may know, on January 1, 1975, the Minnesota Public Service
Commission will have jurisdiction over the electric rates charged
by NSP in your community, including municipal street lighting,
water pumping, and sewage pumping services.
NSP intends to file a rate case with the Commission for their re-
view shortly after the new Commission takes authority. This
filing will include new higher rates for municipal street lighting,
water pumping, and sewage pumping services, and we will make the
proposed rate schedules available to you at the time they are
filed with the Commission. Under the regulatory laws, Northern
States Power Company is authorized to place the proposed rates
into effect, under bond, 30 days after filing, subject to such
refunds as may later be determined when rates are finalized.
The contract or application for municipal street lighting, water
pumping, or sewage pumping between NSP and your community now in
force has provisions concerning advance notice of rate changes,
and this letter is intended to give notice of the proposed rate
change described above.
These provisions were appropriate prior to statewide rate regula-
tion but do not fit into the new regulatory system. We therefore
are in the process of making changes in our procedures, contracts,
and forms to simplify the administrative work for our organization
and your employees and officials looking toward PSC jurisdiction
over these services. This letter also serves as a cancellation
notice of the existing contract or application for municipal
street lighting, water pumping, or sewage pumping services at the
i
City of Edina
Page 2
October 24, 1974
end of its existing term, for the purpose of making these changes
in procedures. We will be contacting you further on this, but if
there are any questions, please contact your customer service
representative.
yours very truly,
NORTHERN STATES POWER COMPANY
By
R. O. Duncanson
Division Manager
Normandale
ROD:amt
N O R T H E R N If
October 24, 1974
STATES POWER
NORMANDALE DIVISION
5309 WEST 70TH STREET
EDINA. MINNESOTA 55433
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDINA
EDINA, MINNESOTA
C O,M PANY
Gentlemen:
As you may know, on January 1, 1975, the Minnesota Public Service
Commission will have jurisdiction over the electric rates charged
by NSP in your community, including municipal street lighting,
water pumping, and sewage pumping services.
NSP intends to file a rate case with the Commission'for their re-
view shortly after the new Commission takes authority. This
filing will include new higher rates for municipal street lighting,
water pumping, and sewage pumping services, and we will make the
proposed rate schedules available to you at the time they are
filed with the Commission. Under the regulatory laws, Northern
States Power Company is authorized to place the proposed rates
into effect, under bond, 30 days after filing, subject to such
refunds as may later be determined when rates are finalized.
The contract or application for municipal street lighting, water
pumping, or sewage pumping between NSP and your community now in
force has provisions concerning advance notice of rate changes,
and this letter is intended to give notice of the.proposed rate.
change described above.
These provisions were appropriate prior to statewide rate regula-
tion but do not fit into the new regulatory system. We therefore
are in the process of making changes in our procedures,.contracts,
and forms to simplify the administrative work for our organization
and your employees and officials looking toward PSC jurisdiction
over these services. This letter also serves as a cancellation
notice of the existing contract or application for municipal
street lighting, water pumping, or sewage pumping services at the
' City of Edina
Page 2
October 24, 1974
end of its existing term, for the purpose of making these changes
in procedures. We will be contacting you further on this, but if
there are any questions, please contact your customer service
representative.
Yours very truly,
NORTHERN STATES POWER COMPANY
By O-�
R. O. Duncanson
Division Manager
Normandale
ROD: amt
NORTHERN STATES POW E R C O M PAN Y
NORMANDALE DIVISION
5309 WEST 70TH STREET
EDINA, MINNESOTA 53433
October 24, _1974
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDINA
EDINA, MINNESOTA .
Gentlemen:
As you may know, on January 1, 1975, the Minnesota Public Service
Commission will have jurisdiction over the electric rates charged
by NSP in your community, including municipal street lighting,
water pumping, and sewage pumping services.
NSP intends to file a rate case with the Commission for their re-
view shortly after the new Commission takes authority. This
filing will include new higher rates for municipal street lighting,
water pumping, and sewage pumping services, and we will make the
proposed rate schedules available to you at the time they are
filed with the Commission. Under the regulatory laws, Northern
States Power Company is authorized to place the proposed rates
into effect, under bond, 30 days after filing, subject to such
refunds as may later be determined when rates are finalized.
The contract or application for municipal street lighting, water
pumping, or sewage pumping between NSP and your community now in
force has provisions concerning advance notice of rate changes,
and this letter is intended to give notice of the proposed rate
change described above.
These provisions were appropriate prior to statewide rate regular
tion but do not fit into the new regulatory system. We therefore
are in the process of making changes in our procedures, contracts,
and forms to simplify the administrative work for our organization
and your employees and officials looking toward PSC jurisdiction
over these services. This letter also serves as a cancellation
notice of the existing contract or application for municipal
street lighting, water pumping, or sewage pumping services at the
City of Edina
Page 2
October 24, 1974
end of its existing term, for the purpose of making these changes
in procedures. We will be contacting you further on this, but if
there are any questions, please contact your customer service
representative.
Yours very truly,
NORTHERN STATES POWER COMPANY
By A -V Or
R. O. Duncanson
Division Manager
Normandale
ROD: amt
N O R T H E R N
October 24, 1974
STATES POW E R
NORMANDALE DIV1SION
5309 WEST 70TH STREET
EDINA. MINNESOTA 55435
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDINA
EDINA, MINNESOTA
Gentlemen:
C O M P A N Y
As you may know, on January 1, 1975, the Minnesota Public Service
Commission.will have jurisdiction over the electric rates charged.
by NSP in your community, including municipal street lighting,
water pumping, and sewage pumping services.
NSP intends to file a rate case with the Commission for their re-
view shortly after the new Commission takes authority. This
filing will include new higher rates for municipal street lighting,
water pumping, and sewage pumping services, and we will make the
proposed rate schedules available to you at the time they'are
filed with the Commission. Under the regulatory laws, Northern
States Power Company is authorized to place the proposed rates
into effect, under bond, 30 days after filing, subject to such
refunds as may later be determined when rates are finalized.
The contract or application for municipal street lighting, water
pumping, or sewage pumping between NSP and your community now in
force has provisions concerning advance notice of rate changes,
and this letter is intended to give notice of the proposed rate
change described above.
These provisions were appropriate prior to statewide rate regula-
tion but do not fit into the new regulatory system. We therefore
are in the process of making changes in our procedures, contracts,
and forms to simplify the administrative work for our organization
and your employees and officials looking toward PSC jurisdiction
over these services. This letter also serves as a cancellation
notice of the existing contract or application for municipal
street lighting, water pumping, or sewage pumping services at the
City of Edina
Page .2
October 24, 1974
end of its existing term,-for the purpose of making these changes
in procedures. We will be contacting you further on this, but if
there are any questions,.please contact your customer service
representative.
i.
Yours very truly,
NORTHERN STATES POWER COMPANY
By
R. O. Duncanson
Division Manager
Normandale
ROD:amt
ji"Tr..
N O R T H E R N STATES POW E R C O M P A N Y
NORMANDALE DIVISION
5309 WEST 70TH STREET
EDINA. MINNESOTA 55435
October 24, 1974
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDINA
EDINA, MINNESOTA
Gentlemen:
a
As you may know, on January 1, 1975, the Minnesota Public Service
Commission will have jurisdiction over the.electric rates charged
by NSP in your community, including municipal street lighting,
water pumping, and sewage pumping services.
NSP intends to file a rate case with the Commission for their re-
view shortly after the new Commission takes authority. This
filing will include new higher rates for municipal street lighting,
water pumping, and sewage pumping services, and we will make the.
proposed- rate schedules available to you at the time they are
filed with the Commission. Under the regulatory laws, Northern
States Power Company is authorized to place the proposed rates
into effect, under bond, 30 days after filing, subject to such
refunds as may later be determined when rates are finalized.
The contract or application.for municipal street lighting, water
pumping, or sewage pumping between NSP and your community now in
force has provisions concerning advance notice of rate changes,
and this letter is intended to give notice of the proposed rate
change described above.
These provisions were appropriate prior to statewide rate regula-
tion but do not fit into the new regulatory system. We therefore
are in the process of making changes in our procedures, contracts,
and forms to simplify the administrative work for our organization
and your employees and officials looking toward'PSC jurisdiction
over these services. This letter also serves as a cancellation
notice of the existing contract or application for municipal
street lighting, water pumping, or sewage pumping services at the
City of Edina
Page 2
October 24, 1974
end of its existing term, for the purpose of making these changes
in procedures. We will be contacting you further on this, but if
there are any questions, please contact your customer service
representative.
Yours very truly,
NORTHERN STATES POWER COMPANY
R. O. Duncanson
Division Manager
Normandale
ROD:amt
1,
N O R T H E R N STATES POWER C O M P A N Y
NORMANDALE DIVISION
5309 WEST 70TH STREET
EDINA. MINNESOTA 55435
October 24, 1974
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDINA
EDINA, MINNESOTA
Gentlemen:
i
As you may know, on January 1, 1975,.the Minnesota Public Service
Commission will have jurisdiction over the electric rates charged
by NSP in your community, including municipal street lighting,
water pumping, and sewage pumping services.
NSP intends to file a rate case with the Commission for their re-
view shortly after the new Commission takes authority. This
filing will include new higher rates for municipal street lighting,
water pumping, and sewage pumping services, and we will make the
proposed rate schedules available to you at the time they are
filed with the Commission. Under the regulatory laws, Northern
States Power Company is authorized to place the proposed rates
into effect, under bond, 30 days after filing, subject to such
refunds as may later be determined when rates are finalized.
The contract or application for municipal street lighting, water
pumping, or sewage pumping between NSP and your community now in
force has provisions concerning advance notice of rate changes,
and this letter is intended to give notice of the proposed rate
change described above.
These provisions were appropriate prior to statewide rate regula-
tion but do not fit into the new regulatory system. We therefore
are in the process of making changes in our procedures, contracts,
.and forms to simplify the administrative work for our organization
and your employees and officials looking toward PSC jurisdiction
over these services. This letter also serves as a cancellation
notice of the existing contract or application for municipal
street lighting, water-pumping, or sewage pumping services at the
r
City of Edina
Page 2
October 24, 1974
end of its existing term, for the purpose of making these changes
in procedures. We will be contacting you further on this, but if
there are any questions, please contact your customer service
representative.
Yours very truly,
NORTHERN STATES POWER COMPANY
By
R. O. Duncanson a
Division Manager
Normandale
ROD: amt
J
NORTHERN STATES POWER C O M PAN Y
NORMANDALE DIVISION
8309 WEST 70TH STREET
EDINA, MINNESOTA 83433
October 24, 1974:
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDINA
EDINA, MINNESOTA
Gentlemen:
As you may know, on January 1, 1975, the Minnesota Public Service
Commission will have jurisdiction over the electric rates charged
by NSP in your community, including municipal street lighting,
water pumping, and sewage pumping services'.
NSP intends to file a rate case with the Commission for their re-
view shortly after the new Commission takes authority. This
filing will include new higher rates for municipal street lighting,
water pumping, and sewage pumping services, and we will make the
proposed rate schedules available to you at the time they are
filed with the Commission. Under the regulatory laws, Northern
States Power Company is authorized to place the proposed rates
into effect, under bond, 30 days after filing, subject to such
refunds as may.later be determined when rates are finalized.
The contract or application for municipal street lighting, water
pumping, or sewage pumping between NSP and your community now in
force has provisions concerning advance notice of rate changes,
and this letter is intended to give notice of the proposed rate
change described above.
These provisions were appropriate prior to statewide rate regula
tion but do not fit into the new regulatory system. We therefore
are in the process of making changes in our procedures, contracts,
and forms to simplify the administrative work for our organization
and your employees and officials looking toward PSC jurisdiction
over these services. This letter also serves as a cancellation
notice of the existing contract or application for municipal
street lighting, water pumping, or sewage pumping services at the
City of Edina
Page 2
October 24, 1974
end of its existing term, for the purpose of making these changes
in procedures. We will be contacting you further on this, but if
there are any questions, please contact your customer service
representative.
Yours very truly,
NORTHERN STATES POWER COMPANY
By
r,_ I
R. O. Duncanson
Division Manager
Normandale
ROD: amt
i
..s.
�j.1 1t if
association of
metropolitan
municipalities
300 hanover bldg. 480 cedar street
st. paul. minnesot3 55101 (612) 222 -2861
_.December 19, 1974
TO: Metropolitan Area City FROM: Elliott Perovich
Managers, Administrators
and Clerks
One of the seven state conferences on the Housing and Community.
Development Act of 1974 will be held January 14th and 15th in
the metropolitan area sponsored by the Minnesota State Planning.
Agency, the League of Minnesota Municipalities, the area office
of HUD and the Association of Metropolitan Municipalities.
The conference will be held at the Hopkins House (Hopkins) from
7:00 P.M. to 10:00 P.M. on January 14th and from 9:00 A.M. to
4:00 P.M. on January 15th.
The purpose of the conference is to describe the Act to the par-
ticipants and provide information about application procedures,
eligibility requirements, project selection criteria and the Sec-
tion 8 Housing Program.
As a city administrator, you are concerned about how this Act af-
fects your city. To fully understand its ramifications, either
you or a key city official should attend. This will be one of
the best ways to have your questions answered about the Develop-
ment Act.
Please fill out the enclosed registration form and return it to
the State Planning Agency.
John Christensen
St. Paul
Eugene Franchett
Executive Director
THIS IS
NOT JUST ANOTHER MEETING!
A£ ^
Elliott Perovich
President-
BOARD OF DIRECTORS
President
Jack Bailey
Frank Brixius
Louis DeMars Duane Miedike
Roger Peterson
Elliott Perovich
Minnetonka
Greenwood
Minneapolis St. Anthony
Cottage Grove
Anoka
Steve Bernard.
Jim Cosby
Frank Fleetham Bruce Nawrocki
Donald Poss
Vice President
White Bear Lake
Hastings
St. Louis Park Columbia Heights
Brooklyn Center
Clyde Alien
Bloomington
Plichard Brennan
Wayne Courtney
Frank Marzitelll Josephine Nunn
Lyall Schwarzkopt
Roscviar,
Edina
St. Pau! Champlin
Minneapolis
John Christensen
St. Paul
Eugene Franchett
Executive Director
December 23, 1974
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Dean Akins's Apartment Building at
5416 West 70th Street, Edina, Minnesota 55435.
Dear Council Members and Mr. Hyde:
// V
WAN E. // 5TI_,
WILLIAM H. HIPPEE,JR.
STEPHEN G. SHANK
ROBERT A, BURNS
TONI A, BE TZ _
MICHEL A. LAFOND
BRADFORD L. FERGUSON
ROGER J. MAGNUSON
J.ROBERT HIBBS
JAY COOK
STANLEY REIN
CHARLES L. POTUZNIK
VERLANC L. ENDORF
DC NNIS BURAYTI
GEOPGEANN BECKER
ROBERT HOBBINS
BARRY D. GLAZER
PETER MENDRIASON
NICKY MAY
IRVING WEISER
STEPHEN GOTTSCHALK
THOMAS ELKINS
OF COUNSEL
DAVID E. BRONSON
LEAVITT R, BARKER
GEORGE E. ANDERSON
ROBERT L.VANFOSSEN
The Council has requested that I investigate the situation relative
to the installation of a fire alarm and detection system in the above building.
I have now had opportunity to review the material delivered to the Council
by Mr. Akins at its December 2, 1974 meeting and have also met with Mr. Buresh,
reviewed the Fire Department file, and conferred with Mr. Curtis Austin and
Mr. Walter Gustafson, the prosecuting attorneys involved.
I do not intend to respond to the comments made by Mr. Akins about
the personal motives and integrity of Mr. Buresh, nor shall I comment upon
requests and demands made by Mr. Akins that I consider beyond the scope of
the Council's request to me (e.g., that the Council direct lobbying. by City
staff for certain State Fire Code provisions).
This matter has become quite complex because of its
_ an intervening change of ownership, and an intervening change
However, I will attempt to summarize the situation as fairly
as I can.
Summary of Important Facts.
long duration,
in the laws.
and objectively
1. On July 15, 1968, Edina adopted Ordinance No. 118 -A. That
ordinance is now No. 611. Ordinance No. 118 -A required, among other things,
"an approved manual electric- supervised fire alarm system and automatic
.detection system" in every multiple occupancy building,with certain exceptions
not applicable to the subject building. The ordinance applied,to existing
buildings after expiration of two years from the date of notification by the
DORSEY,
MARQUART, WINDHORST, WEST a HALLADAY
DONALD WEST
WILLIAM J HEMPEL 2
3 0 0 F I R S T NATIONAL B A N K B U I L D I N G
FAITH LOHMAN
WA DO F. MAROUART
JOHN 5 HIBBS
DAVID A RANHEIM
ROBERT J. MAN
JOHN W. WINDHORST
ROBERT 0 FLOTTEN
MINNEAPOLIS, MINNESOTA 5 5 4 0 2
H BS B
WILLIAM R. H IBBS
HENRY HALLADAY
JOHN D. LEVINE .
JOHN O:OEL
JULE M. HANNAFORD
ROBERT J STRUYK
PHILIP F, OELTCR
ARTHUR B. WHITNEY
MICHAEL A OLSON
(612) 340-2600
WILL 0. PAYNE
RUSSELL W LINDOUIST
LARRY W. JOHNSON
JAN"
DAVID R BRINK
THOMAS S. HAY
CABLE: DOROW
SCHWA RTZBAUN
B FLA
MORACC HITCH
G. LARRY GRIFFITH
TELEX:29-O6OS
STEVEN KCHAM PLIN
VIRGIL H. HILL
CRAIG BECK
DAVID N. FRONEK
DAVID
ROBERT V. TAR SOX
DAVID L MCCUSKEY
TELECOPIER :(612) 340 -2866
THOMAS W. TIN KIUN
ROBERT J. JOHNSON
THOMAS 0. MGE
JON F. TUTTLE
N. B. NASSELOUIST
JAMES H. OHAGAN
ROBEY
PC7ER DORSEY
JOHN M. MASON
1466 W -FIRST NATIONAL BANK BUILDING
BAR LERG
CHERYL. BARTLE
GE ORGE P FLANNERY
MICHAEL W WRIGHT
ST. PAUL, MINNESOTA 55101
MICHAEL J. RAD MER
CURTIS L ROY
LARRY L. VICKREY
(612) 227- 8017
PAUL SCMEERER
PAUL
ARTHUR E. WEISBERG
LOREN R. KNOTT
CURTIS L. STIIIC
DUANE E. JOSEPH
PHILLIP H. MARTIN
MICHAEL TRUCANO
JAM CS D- VESSEY
REESE C JOHN50H
JONATHAN VILLAGE CENTER
WILLIAM J. KE PPEL
WILLIAM A WHITLOCK
CHARLES J. HAUENSTEIN
CHARLES A. GEER
CHASKA, MINNESOTA 55318
JAMES A. RADER
C J. SCHWARTZSAUER
THOMAS M. BROWN
JOHN ZWAKMAN
(612) 448-4012
WILLIAM A, JOHNSTONE
CDR N ELIUS D. MAHONEY
JOHN R. WICKS
WILLIAM E. BOWEN
WILLIAM P. LUTHER
THOMAS S. ERICKSON
EUGENE L. JOHNSON
DOUGLAS
WILLIAM C. BABCOCK
JOHN W, WINDHORST, JR,
115 THIRD STREET SOUTHWEST
OEHHERLAND
DAVID LBOE HNEN
MICHAEL E. CRESS
MICHAEL PRICHARD
RO CHESTER, MINNESOTA 65901
ALAN D. GILLILAND
RAYMOND A. REISTER
WILLIAM R. SOTH
(507) 288-3156
LAWR ENCE R. OLIVER
JOHN J. TAYLOR
THOMAS R MANTHET
FRANK H. VOIGT
BERNARD G. HEINZEN
. RICHARD G. SWANSON
December 23, 1974
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Dean Akins's Apartment Building at
5416 West 70th Street, Edina, Minnesota 55435.
Dear Council Members and Mr. Hyde:
// V
WAN E. // 5TI_,
WILLIAM H. HIPPEE,JR.
STEPHEN G. SHANK
ROBERT A, BURNS
TONI A, BE TZ _
MICHEL A. LAFOND
BRADFORD L. FERGUSON
ROGER J. MAGNUSON
J.ROBERT HIBBS
JAY COOK
STANLEY REIN
CHARLES L. POTUZNIK
VERLANC L. ENDORF
DC NNIS BURAYTI
GEOPGEANN BECKER
ROBERT HOBBINS
BARRY D. GLAZER
PETER MENDRIASON
NICKY MAY
IRVING WEISER
STEPHEN GOTTSCHALK
THOMAS ELKINS
OF COUNSEL
DAVID E. BRONSON
LEAVITT R, BARKER
GEORGE E. ANDERSON
ROBERT L.VANFOSSEN
The Council has requested that I investigate the situation relative
to the installation of a fire alarm and detection system in the above building.
I have now had opportunity to review the material delivered to the Council
by Mr. Akins at its December 2, 1974 meeting and have also met with Mr. Buresh,
reviewed the Fire Department file, and conferred with Mr. Curtis Austin and
Mr. Walter Gustafson, the prosecuting attorneys involved.
I do not intend to respond to the comments made by Mr. Akins about
the personal motives and integrity of Mr. Buresh, nor shall I comment upon
requests and demands made by Mr. Akins that I consider beyond the scope of
the Council's request to me (e.g., that the Council direct lobbying. by City
staff for certain State Fire Code provisions).
This matter has become quite complex because of its
_ an intervening change of ownership, and an intervening change
However, I will attempt to summarize the situation as fairly
as I can.
Summary of Important Facts.
long duration,
in the laws.
and objectively
1. On July 15, 1968, Edina adopted Ordinance No. 118 -A. That
ordinance is now No. 611. Ordinance No. 118 -A required, among other things,
"an approved manual electric- supervised fire alarm system and automatic
.detection system" in every multiple occupancy building,with certain exceptions
not applicable to the subject building. The ordinance applied,to existing
buildings after expiration of two years from the date of notification by the
DoRSEY,MAROUART,WINDHORST,WEST a HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 2 December 23, 1974
Fire Prevention Bureau to the building owner of the requirements of the
ordinance.
2. On December 11, 1968, an order requiring installation of the
above quoted system by December 15, 1970, was mailed by the Fire Prevention
Bureau to Mr. H. L. Schmelz at 5416 West 70th Street.
3. On July 27, 1970, a letter from the Fire Prevention Bureau to
Mr. E. J. Smelz at 5416 West 70th Street reminded him of the above require-
ment and of the December 15, 1970 deadline.
4. On October 9, 1970, Building Permit No. E -445 was issued for
the building at 5416 West 70th Street for installation of a fire alarm system
at a cost of $1,900, to be completed by December 13, 1970. This permit was
taken out for the purpose of complying with Ordinance No. 118 -A'and the
above order. The owner's name was shown as Mr. Schmelz.
5. There has been some difficulty with the name of the owner.
The owner of record was and is Eldred J. Schmelz (see Certificate of Title
No. 231783). The December 11, 1968 order was addressed to Mr. H. L. Schmelz,
and the July 27, 1970 letter was addressed to Mr. E. J. Smelz. However,
the use of the erroneous names does not appear to have been prejudicial to
the building owner in any way. As evidenced by the issuance of Building Permit
No. E -445, the building owner knew of and understood the requirement sufficiently
in advance of the performance date to have been able to comply. Also, I am
advised that H. L. Schmelz and Eldred J. Schmelz are brothers, and it can
be assumed the correspondence to either concerning the building was,eventually
received by the right person.
6. The work authorized by the above building permit was never done,
and on February 11, 1971, another letter from Mr. Buresh addressed to Mr. H. L.
Schmelz at 5416 West 70th Street advised of the continuing violation of
Ordinance No. 118 -A and requested a plan for compliance with the ordinance.
7. For approximately two years, until about August or September
1972, there is no written record of further action in this matter. Mr. Buresh
advised me that during this time Mr. Ed Sherman was negotiating with Mr. E. J.
Schmelz for installation of the required systems.
8. Also, Mr. Buresh has advised that during this time legal action
was begun for violation of Ordinance No. 118 -A. It appears that the name
confusion continued and that the action was begun against Mr. H. J. Schmelz
and not against.Mr. E. J. Schmelz, the owner of the building. In any event,
it further appears that this action was not pursued by the prosecuting attorney
and no judgment was ever entered against Mr. Schmelz.
DORSEY, MAROUART, WINDHORST, WEST a HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 3. December 23, 1974
9. Also, during this time, and in March of 1972, Mr. Akins bought
the building. The record owner, as stated, is yet Mr. Eldred J. Schmelz;
Mr. Akins is buying under a contract for deed. Mr. Buresh and Mr. Ed Sherman
are of the opinion that Mr. Akins knew, prior to his purchase, that a fire
alarm and detection system was required to be installed in the building.
Mr. Akins states that he did not know of the request until August or Sep-
tember 1972.
.10. Also, during this time, and on July 1, 1972, the State Building
Code (the "SBC ") became effective.
11. In August or September, and October, of 1972, Mr. Buresh met
with Mr. Akins and Mr. E. J. Schmelz. Mr. Buresh advises me that during these
meetings he advised Mr. Akins that: -(1) the ordinance allows appeals to the
Council within 30 days after the action complained of but that he thought an
r appeal by Akins would not prove successful; and (2) that alternative systems
were available and.that smoke detectors were an acceptable equivalent for some
of the fire protection system requirements. As to (1), Mr. Akins states that
he interpreted Mr. Buresh's comments in such a manner that Mr. Buresh convinced
him not to appeal. As to (2), Mr. Akins states that Mr. Buresh gave him the
impression that no alternatives were possible. (However, Mr. Buresh, by letter
dated December 28, 1972, to a Mr. John Murphy, accepted smoke detectors as an
equivalent in a building at 3901 West 49th Street. There is, therefore, no
reason to believe that these alternatives were not made known to Mr. Akins
and Mr. Schmelz.) In any event, it appears that the result of these meetings
was an agreement by Mr. Akins and Mr. Schmelz to install the required systems
and to share the cost between them.
12. On November 21, 1972, Mr. Akins wrote Mr. Buresh to advise him
that he had decided not to install a fire alarm system in the building. His
stated reasons were: (1) the systems have problems (e.g., false alarms) and
may not be properly located to work effectively; (2) the State thinks it
impractical to put such systems in older buildings; and (3) the monetary
cost is too high. However, by his letter he also appeared to be relying upon
alleged statements of the State Fire Marshal and State Building Inspector
that local codes were,superseded by the SBC and that Edina could not require
installation of the fire alarm and detection systems.
13. By letter of December 29, 1972, Mr. Buresh advised Mr. Akins
that the building was yet in violation of'Ordinance No. 611 (formerly
Ordinance No. 811 -A).
14. Subsequent inspections on August 21, 1973 and October 17, 1973
indicated a continuing lack of compliance with the fire alarm and detection
systems request and other deficiencies in the building.
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The,Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 4 December 23, 1974
15. On July 9, 1974, Mr. Akins was served with a citation for
"violation of a lawful written order under City Ordinance No. 611."
16. On July 14, 1974, Mr. Akins addressed a letter to the Council,
appealing to the Council to delay all court action relating to the building
until certain matters set out in that letter were "reviewed, clarified,
substantiated and /or revised as applicable." The Council took no action at
that time.
17. A court hearing on the citation issued to Mr. Akins was scheduled
for August 27, 1974. This was continued pending an agreement with Mr. Akins
for an approved plan for installation of the required system. Meetings between
Mr. Hyde, Mr. Buresh, and'Mr. Akins resulted,in a plan's being submitted to
Edina the first week in September.
18. A further fire inspection was made to determine the feasibility
of Mr. Akins's proposed alarm system, and on September 11, 1974, Mr. Paulfranz,
inspector, Fire Prevention Bureau, wrote to Mr. Akins advising him that the
plan was acceptable only in part and that the building had additional fire
protection and safety deficiencies. Mr. Buresh advises, however, that the
portion of the plan that was accepted should not have been accepted because
the very simple line drawings (which did not -show any details or cross sections)
given by Mr. Akins with the plan were not accurate because they did not indicate
that the apartments in the building are two - story, instead of one - story, apartments.
19. Mr. Akins and Mr. Paulfranz reviewed and discussed the Septem-
ber 11, 1974 letter during September and October 1974.
20. On November 19, 1974, Mr. Akins was again scheduled to appear
before the court on the citation issued on July 9, 1974. He did not appear.
Mr. Akins says that he was not notified of this hearing.,
21. Mr. Akins delivered his information to the Council.that precip-
itated this inquiry. That material states, among other things, that Mr. Akins
has complied with all of the deficiencies set out in Mr. Paulfranz's letter
of September 11, 1974, except for the fire alarm system and the exiting system.
The Fire Prevention Bureau agrees that the other deficiencies have been cor-
rected, except that the Bureau cannot determine if the required kind of glass
was used to repair broken glass in the building, because the replacement
glass is not labeled.
22. A court hearing on the citation to Mr. Akins was held on
December 6, 1974 and was continued for trial to January 17, 1975.
DORSEY, MAROUART, WINDHORST, WEST Q HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 5 December 23, 1974
Summary of Law.
The law applicable to this matter, in my opinion, can be summarized
as follows:
1. In 1968, when this matter first began, the provisions.of Ordi-
nance No. 118 -A (now Ordinance No. 611) were clearly applicable to 5416 West
70th Street, a then existing building,'both.by the express language of that
ordinance and by decisions of the courts in like cases.
2. The Fire Prevention Code referred to in Ordinance No. 118 -A
and Ordinance No. 116 allows the use of alternatives. Section 1.1 of said
Code provides that "Compliance with ... other approved national safety standards
shall be deemed to be prima facie evidence of compliance..." with the regula-
tions prescribed by the Code.
3. The SBC, which became effective on July 1, 1972, was designed
to apply to new construction, not existing buildings. The City of Edina
argued this very point before the State Commissioner of Administration in
the case of Clancy's Drugstore, where the question was whether the City could
require a sprinkler system in Clancy's basement pursuant to the City's fire
code. The Commissioner held that the SBC includes imposition of fire protec-
tion devices in "hazardous" buildings and, therefore, supersedes separate
local ordinances. However, a District Court order dated.December 18, 1974,
involving the City of Minnetonka, now on appeal to the Minnesota Supreme
Court, upheld that city's local fire code and gave it precedence over the
SBC. Because of the presently unknown status of the law in this area, I
have previously advised Mr. Buresh that we should continue to enforce Edina's
fire code whenever we are of the opinion that it is necessary to provide
adequate fire protection.
4. The legislature finally recognized the obvious deficiencies of
the SBC in the fire prevention area and by Chapter 550, 1974 Minnesota Session
Laws, authorized the Commissioner of Public Safety to promulgate a uniform
fire code and rules and regulations thereunder. However, no such code, or
rules and regulations, have yet been adopted.
5. The SBC adopts the Uniform Building Code ( "UBC "), but does not
adopt Chapter 2 of.the UBC entitled "Organization and Enforcement "; munici-
palities are free to adopt or not adopt said Chapter 2. Edina, by Ordinance
No. 404, and its predecessor, has adopted said Chapter 2. Section 203 of
that chapter provides that all buildings that constitute a "fire hazard" are
unsafe buildings and may be ordered repaired and rehabilitated pursuant to
Ordinance No. 471. It is logical and reasonable for the responsible officials
of Edina, in determining whether a building such as 5416 West 70th Street
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 6 December 23, 1974
constitutes a "fire hazard," and how best to repair or rehabilitate such a
building, to consult codes and standardsthat have been tested and proven.
This procedure also was advocated by Edina before the State Commissioner of
Administration in the Clancy's Drugstore matter and was upheld by the Commis-
sioner. The fire code set out in Ordinance No. 611 and the 1973 edition of
the UBC, adopted by the State in January of 1974, now contains require -
ments.for fire protection and alarm systems, and application of the requirements
to 5416 West 70th Street would appear to be proper and reasonable.
6. Alternative methods of complying with specific requirements
are allowed also by the SBC (see Sections 7205 to 7207)-and by the UBC (see
Sections 106 and 107). Therefore,. by any of the three codes (Fire Prevention
Code, SBC, and UBC), alternate methods of compliance are allowed.
Conclusions.
Based on my investigation and the foregoing fact and law summaries,
I have concluded that:
1. Edina -has the authority, whether under Ordinance No. 611 or under
the parallel provisions of the SBC and Ordinance No. 404 relating to unsafe
buildings, to require installation of a fire alarm and detection system in
5416 West 70th Street.
2. Edina's Bureau of Fire Prevention has determined that 5416 West
70th Street is an unsafe building because it lacks necessary fire alarm and
detection systems. I have no reason or facts to doubt that determination.
3. The City.can accept tested and approved equivalent alternatives
to specific fire protection requirements, and the Fire Prevention Bureau is
willing to accept such alternatives.
4. The Bureau of Fire Prevention appears to have acted prudently
and properly in this matter. If it can be criticized at all, it would be
for having too much patience in obtaining compliance. Mr. Akins's complaints
appear to have arisen out of a lack of understanding of the law and a misun-
derstanding of the intentions and advice of Mr. Buresh and other members of
the Fire Prevention Bureau.
Recommendations.
Therefore, I recommend:
1 I,
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 7
December 23, 1974
1. That fire detection and safety systems,be required to be installed
in 5416 West 70th Street as soon as possible. Also, that the glass replace-
ment made pursuant to the September 11, 1974 letter should be checked to
make sure it is the required kind of glass, and if not, that the required
glass be used.
2. That Mr. ,Akins be allowed to. install, as and for full compliance
with applicable laws, fire detection and exiting systems pursuant to the pro-
visions set out in the 1973 edition of the Uniform Building Code as adopted
by the State Building Code. (The Fire Prevention Bureau is willing to accept
the provisions of the SBC as full compliance. They represent, I understand,
the most recent improvements in, and thinking relating to, fire safety and
fire alarm and detection systems.)
3. That if compliance is not voluntarily obtained, action be taken.
under Ordinance No. 611 and Ordinance No. 404 to enforce compliance.
4. That the present action against Mr. Akins be continued for now,
and possibly dismissed, by reason of the above recommendations.
TSE /abc
cc: Mr. Robert J. Buresh
Very truly yours,
V
Thomas S. Erickson
.TENTATIVE
ROSTER OF ~ LECTION OFFICIALS
TUESDA 9 FEDWI'iRY 41 1975
PRECII,ICT NO. 1 — SHEPHI�D OF HILLS CHURCH
1. !firs. Muriel Clauson
2. Airs. Helen Donovan
3. Mrs. Jane Fleet
4. Mrs. Barbara Ann Anderson
Alternate
1. Mrs. Lois Hallquist
PRECINCT
NO. 2 — EDINA CITY HALL
1.
Airs.
Joyce Akason, Chairman
2.
Mrs.
Judith Sotebeer
3.
Airs.
Jean McDermid
4.
Mrs.
Diane J. Lehman
Alternate
Mrs. Jane Hanson
1.
Airs. Marjorie Maki
PRECINC ^1 NO. 3 I•IOODDALE SCHOOL
1.
Mrs.
Jane Hawthorne, Ch -irman
2.
Mrs.-Marjorie
Rossiter
3.
Airs.
Sherrill Estensen
4.
Mrs.
Patricia Johnson
Alternate
1.
Mrs. Jane Hanson
PRECINCT NO. 4 MORNINGSIDE MTNICIPAL BLDG
1. Mrs. Shirley Dibble, Chairman
2. tars. Alice Rose
3. Airs. Jeanette Lushine
4. Mrs. Kathryn Stamp
Alternate
1. Mrs. Joanne Downey
PRECINCT NO. 5 — HIGHLANDS SCHOOL
1. Mrs. Henrietta Bartlett, Chairman
2. Airs. Sue Holden
3. Airs. Phyllis Cooper
4. Mrs. Carol Ledder
Alternate
1. Mrs. Hazel Helgeson
PRECINCT,NO.. 6 — COUNTRYSIDE SCHOOL
1. Airs. Nancy Springer, Chairman
2. Mrs. Jane Bains
3. Airs. Lael Fruen
4. Airs. Barb -ra Casselman
Alternate
1. Mrs. Catherine Swanson
408 Blake Road
6300 Interlachen Blvd.
6420 Mendelssohn Lane
413 Arthur St.
305 Grove Place
5217 Grandview Lane
5002 Mirror Lakes Drive
5116 Mirror Lakes Drive
5024 Bedford Avenue
4520 Oxford Ave.
5301 Minnehaha Blvd.
5300 Kellogg Ave.
4528 Arden Ave.
4912 Surnyside Road
4405 W. 44th St.
4212 France Ave. So.
4011 Kipling Ave.
4166 Monterey Ave.
4224 Grimes
4113 Kipling Ave.
5512 Mirror Lakes Dr.
6016 Tamarac Ave.
5500 Mirror Lakes Drive
5409 Chantrey Rd.
5513 Highwood Drive
5809 Jeff Place
6101 Tracy Ave.
5613 Benton Ave.
5825 W. 61st St.
5804 Merold Drive
938 -4709
938 -8102
935 -3826
938 -1160
938 -5886
929 -7924
929 -0653
929 -8859
925 -1142
926 -7779
922 -2609
922 -7502
926 -0655
926 -4160
926 -0404
926 -4048
926 -0159
926 -0576
922 -9324
922 -7745
929 -4738
935-5430
925 -1594
929 -5920
929 -1757
929 -4526
929 -93G2
929 -1209
920 -0937
929 -8387
PRECINCT NO. 7 - NORMANDALE LUTHERAN CHURCH
1.
Mrs.
Bess Brudelie, Chairman
2.
Mrs.
Marian Bailey
3.
Mrs.
La.Vonne Swenson
4.
Mrs.
Helen Peterson
Alternate
1.
Mrs. Naomi Ward
PRECINCT NO. 8 - EDINA EAST LONER DIVISION
1. Mrs. Audrey Berglund, Chairman
2. Mrs. Margaret Kinney
3. Mrs. Ma-xine Sanders
4. Mrs. Betty Tripp
Alternate
1. . Mrs. Florence Freudenthal
PRECINCT 1?0. 9 - CONCORD SCHOOL
1.
Mrs.
Yvonne Ford, Chairman
2.
Mrs.
Florence Bahneman
3.
Mrs.
Josie Korthof
4.
Mrs.
Virginia Dash
Alternate
1.
Mrs. Jean Erdall
PRECINCT NO. 10 - CREEK VALLEY SCHOOL
1.
Mrs.
Lorraine Hasselquist, Chairman
2.
Mrs.
Mary Bartz
3.
Mrs.
Virginia Bodine
4.
Mrs.
Gay Bostock
Alternate
1.
Mrs. Shirley Moore
PRECINCT TdO. 11 - CAHILL SCHOOL
1.
Mrs.
Geneva Smithy Chairman
2.
Mrs.
Gloria Thorburn
3.
Mrs.
Anna Taggatz
4.
Mrs.
Eleanor Thornton
Alternate
1.
Mrs. B_rbara Boyd
PRECINCT NO. 12 - CORNELIA SCHOOL
1. I•irs. Adele Olson, Chairman
2. Mrs. Diane Greensweig
3. Mrs. Mary McDonald
4. Mrs. Phyllis Taylor
Alternate
1. Mrs. Doris Van Campen
5305 .Forslin .Drive
5604 Bernard Place
5320 Birchcrest Drive
6121 Code Ave.
5916 Hansen Road
5513 Park Place
4513 Oak Drive
4532 Tower Ave.
4613 St. Andrews Ave.
5616 Concord Ave.
4831 Valley View Road
5816 Kellogg Ave.
5909 Wooddale Ave.
5837 Kellogg Ave.
5828 Oaklawn Ave.
6712 Arrowhead Pass
7017 Mark Terrace Drive
6525 Gleason Road
6224 Loch Moor Dr.
6816 Valley View Rd.
6344 Rolf Ave.
5188 Abercrombie Drive
6440 6ilryan Ave.
5205 Danens Dr.
5124 Abercrombie Dr.
6825 Oaklaom Ave.
6716 Southdale Road
6929 Southdale Road
6621 Normandale Rd.
6920 Dawson Lane
929 -8734
929 -9265
929 -7962
929 -7067
929 -1074
926 -6282
926 -2676
926 -1969
926 -5746
926 -5576
922 -6606
926 -6114_
926 -1960
922 -0321
922 -9202
942 -3957
941 -5916
941 -1206
941 -1531
941 -2512
941 -2471
941 -4710
941 -3996
9.41 -3244
941 -5767
926 -4552
926 -8522
926 -7860
922 -3410
926 -3287
PRECINCT
NO. 13 - LUTHEIV!.N CHURCH OF WiSTER
1.
Mrs.
Patricia:IIarmon, Chairman
2.
Mrs.
Mavis deLambert
3.
Mrs,
Margaret Delaney
4.
Mrs.
Merilyn Person
3.
Alternate
Rosemary Sweeney
1.
Mrs. Edna Thomsen
PRECINCT NO. 14 - ST PETER'S LUTH. CHURCH
1. Mrs. Mary Jane Platt, Chairman
2. Mrs. Jeanette Lund
3. Mrs. Esther Olson
4. Mrs. Ruth.Volk
Alternate
1. Mrs. Louise Carlson
7129 Cornelia Drive
4440.Ellsworth Drive
4515 W. 70th St.
4800 Larkspur Lane
4529 Andover Road
5504 Beard Ave. S.
5809 Drew Ave. S.
5441 York Ave. S.
3616 w. Fuller St.
3800 Chowen Curve
PRECINCT
NO. 15 - EDINA WEST UPPER DIVISION
1.
Mrs.
Charlotte Burns, Chairman
5820
Dewey Hill Road
2.
Mrs.
Patricia Olander
7001
Lee Valley Circle
3.
Mrs.
Rosemary Sweeney
6809
Hillside Lane
4.
Mrs.
Lucille Borchers
6812
Limerick Lane
PRECINCT NO. 16 SOUTHDALE-HENN. LIBRARY
1. Mrs. Betty Doolittle, Chairman
2. sirs. Lillian Niemeier
3. Mrs. Lois Atwood
4. Mrs. Helen Shirley
Alternate
1. Mrs. Elizabeth Burgess
7512 Xerxes Ave. S.
4145 Parklawn Ave.
4201 Parklat -m Ave.
4381 Parklaim Ave.
6300 York Ave. S.
926 -0256
922 -1590
926 -4818
926 -1409
922 -1004
926 -8447
922 -6901
926 -1006
922 -1651
926 -6253
941 -4108
944 -2185
944 -1310
941 -1950 .
866 -4438
920 -4082
920 -6349
929 -9389
922 -8389
CITY OF EDINA
January 6, 1975
TO: Mayor.and City Council
Warren C. Hyde
FROM: Gary West
Tom Melena
SUBJECT: LABOR AGREEMENT BETWEEN CITY AND FIRE FIGHTERS.
Attached is a copy of the Labor Agreement finally reache&1between
the City - administrative personnel and representatives of the International
Fire Fighters Association, Local 1275, which we recommend you accept. The
agreement is for three years, with a total cost to the City of 23 percent
plus cost -of- living increases in the second and third years if the- cost -of-
living increase is greater than 6 percent and 5.5 percent respectively in
those years. The following are the major features of the proposed contract.
.1. Salary: Jan. 1, 1975 10% of '74 base
July 1, 1975 2% of '74 base
Jana 1, 1976 6% of '75�total cost
April 1, 1976 COL adjustment.: (Ap -Ap COL r 2) less 3%
No adjustment if COL is less than 6%
Jan. 1, 1977 5% of 176 total cost
July 1, 1977 COL adjustment: (Ap -Ap COL 2) less 2.75%
No adjustment if COL is less than 5.5%
"Total cost" is defined as the total cost to the City of
wages, fringe benefits, and overtime compensation guaranteed
by application of the Fair Labor Standards Act of 1974 to
the work schedule.
2. All employees hired after January 1, 1975, will be paid at
the rate of $383.00 biweekly until the completion of their
probationary period.
3. Hospitalization insurance: If changes in present policy
regarding the City's contribution toward family hospitalization
insurance take place during the contract, the Fire Department
will get the average of the change, and such increased cost to
the City will come from the "total cost" of the salary.
LABOR AGREEMENT - BETWEEN CITY AND FIRE FIGHTERS
Page Two
4. Clothing allowance: The -only change is to provide-that.
the new employee, - receive the full $150 clothing allowance,
and the City will pay.for the completion of any "required"
uniform.
5. Residency: The present boundaries -are retained, but the
employee may live on - either side,of the street .which forms_
the boundary.
6. Shift exchange: Lieutenants. may now exchange with Drivers
.. and Drivers with Fire Fighters within.liffitations which may
be imposed by the Fair. Labor Standards Act of 1974.-
7. Selection of Contract Arbitration Panel: A new section
which provides.for the selection of a contract arbitration
panel in the event that we are required to enter binding
arbitration on the contract, .Provides for a three member
panel selected by the parties, with the neutral from a list
of five supplied by the American Arbitration Association.
We recommend that the Council approve this- .contract as it is a
fair settlement for both the City and the employees.
SUMMARY OF PROPOSED LIQUOR ORDINANCE 901
The proposed ordinance is a comprehensive law to cover the sale and
dispensing of intoxicating liquor (more than 3.2% alcohol) and non-
intoxicating malt liquor (3.2% alcohol or less).
PART A. of the ordinance sets forth the organization of the Municipal
Liquor system for the off -sale dispensation of liquor. The
provisions are generally similar to those we are currently familiar with.
Part B. provides for a.recognition of private on -sale liquor licenses
on a restricted basis by hotels and restaurants of a certain mini-
mum size (Hotels - 200 room with dining roans for 175 people._, Restaurants
with facilities for serving, 200 people at one time). Private clubs which
held liquor licenses prior to January 1, 1940, may also apply for licenses
if they have more than 50 members and have owned or leased a building or
space for its members for more than one year.
Part B. also sets forth various requirements for license application,
transfer of licenses, renewal of licenses, license fees ($10,000 per
year for hotel or restaurant, $500 per year for a club), granting of
licenses, eligibility for licenses, conduct of business by a'licensee
(must post license, no off -sale business, no gambling therein; no pool,
billiard or bowling alley therein, etc.).
Part B. also permits the issuance of Sunday sale licenses to hotels,
restaurants or clubs which hold valid on -sale licenses. Such a.license
for Sunday would permit on -sale business between.12 noon and midnight
on Sundays "in conjunction with the serving of food."
Part C. sets forth the regulations and licensing of sale of 3.2% or less
malt liquors rich in general permit a wider dispenation of 3.2%
than of hard liquor.
Part D. .contains miscellaneous regulations such as hours of sale permit -
ted, restrictions involving minors, etc.
Part E. prevents "spiking" of drinks in any place which does'not "have an
on -sale license.
Part F. limits off- sale.to the Municipality.
Part G. provides that violation of the ordinance is a misdemeanor subject
to fine of up to $300 or jail up to 90 days or both...
January 6, 1975
To; Mayor Van Vikkenburg and City Council members
From: Meredith Hart
At its meeting on December 179 the Human Relations Commission
voted to protest the proposed increase in the cost of food stampse
We would like you to approve the fdlowing.letter to be sent to
Mr. Nichols, ivilliam Frenzel, Hubert Humphrey, and Walter Mondalee
j.4r. Jack Nichols,
Acting_Direct6r, Food Stamps Program .
U *S.D.A. Food and Nurtition Service
Washington, D.Ce 20250
Dear Mre
IT
I hope we are not too late in expressing our disapproval
of the.proposed march 1 increase in the cost of food stamps* We
do not think that federal funds available for the program should be
cuts
Prices of foods most likely to be bought by the poor have
increased far more rapidly than prices of higher -grade food items,
according to an article in the December 3, 1974 Wall Street Journal*
The food stamp program is helping the low- income family, cope. with.
the high cost of foods There should be no increase in the cost
of food stamps at this times
Sincerely,.
Meredith Hart
Chairman, Edina Human Relations Commission
CORPORATION CERTIFICATE
Florence B. Hallberg
............................. . ... ................. ..............................I do hereby certify
I . ......................................... ..
that I am SIM104M ...... t her.... C. IA-r 4. ... 4Lf. ... he...City...o.f...Edina ,
............
a corporation organized under the laws of the State of ............ Mi lgne3 0t.a ............................ and that the following
is a true and correct copy of a resolution adopted at the ..... ..... CO.unci. . ..l meeting
......................... .
of said corporation held in accordance with its by -laws on the ......... 4th.......... day of............ j4q.t ..............106 ..
"RESOLVED: That, until written notice to the contrary is given by this corporation to the Safe Deposit Depart-
ment of ................................. First ... Edina ... National .... Bank .....................................................................
access to Safe Deposit Boxes (herein called safes) standi he name of t is orp ation in the vaults of above
named bank shall be had by the following:
Warren.. C.... HY.. de .............................: ... .
.............. ...... ............. ............ ....... .....................
J. N, Da......len
................. ............................... , .........
................... lgreng .........?al,lbesg........... .......:.... .
............................................................................................................................................................... ...............................
any ............. iNp .............. of whom shall have full authority to enter said safes and to make deposits therein or
remove any part or all of the contents thereof, to rent safes and to execute leases thereof in the name of this cor-
poration, to amend or cancel said leases, to exchange or surrender the safes, and in all other respects to represent
this corporation."
In witness .whereof, I have hereunto set my hand as secretary of said corporation and affixed hereto its official
2nd JaXnua'... . .... •75
seal this ......................................................... er............... r 19...`
Seal �............ (IImprint t l.. (i .. ....
Here)
Z 12 -4
January 3, 1975
-
city of aJ D.
4801 WEST FIFTIETH STREET - EDINA, MINNESOTA 55424
Dear Property Owners and Residents on County Road 18:
Hennepin County has asked the City Council for another hearing on the_
construction of County Road 18, especially as it affects your homes.
The County has indicated that they do not wish to acquire the structures.
The Council will give this matter a full reconsideration at their
meeting on Monday, January 6, 1975, at 7:00 P.M. I urge your attendance.
Sincerely,
Greg L1ice
City Planner
GL: In
927 -8361
y.
10 -31 -74
MEETING REPORT
Project 6742, CSAH 18 from 5th St. South to 2nd St. No.
In Hopkins
PLACE: Public Works Offices, 320 Washington Ave. South - 7:00 P.M., October 30
PRESENT: Several citizens who own or rent property on Washington Avenue
South in Edina between Spruce Rd. and Maloney Avenue. See attached
list.
Bob Dufin, Greg Luce, from the City of Edina; and Herb Klossner, Don Spielmann,
Don Galloway,.Dave Swenson, Don Lawrence, Hennepin County.
As part of the municipal approval process for Layout 23B, Project 6742/18 from
5th Street South to 2nd Street North, the City of Edina has raised the question
.as to whether the homes facing Washington Avenue South should remain after re-
construction of CSAH 18.
Hennepin County's proposal is to leave the houses untouched and to construct
a noise barrier between CSAH 18 as a Freeway and a Service Road serving these
properties. The City has raised the question as to the liveabili -ty of these
houses after construction and has suggested that the owners and tennants be
permitted to vote as to whether their homes should be taken.
This meeting was intended. to answer any questions they may have. Herb Klossner
made a presentation explaining the project and the approval process. Don
Galloway made a presentation discussing noise levels, existing and projected
and made a slide presentation showing various noise barrier wales which have .
been constructed.. Don Lawrence made a presentation explaining relocation
procedures. The meeting adjourned at approximately 9:45 P.M.
DJG;: jd
cc: H. Klossner
J. Klemenhagen
J. Wold
D. Holmquist
J. Kirtland
D. Swenson
S. Fisher
D. Galloway
D. Lawrence
A. Herzog
D. Spielmann
c
FROM: D. S. SPIELMANN, CHIEF.DESIGN ENGR
TO:
j
H. 0. Klossner
J. L. Klemenhagen
S. Fisher
D. J. Holmquist
D. D. Swenson
J. M. Wold
J. M. Kirtland
T. M. Tangen
D. J. Galloway
W. G. Matheny
L. E. Orris
I A. W. Herzog
j J. E. Ault
D. W. Schmidt
B..M. Polaczyk
B. J. 'Larson
i
To note and return
Investigate and report
Prepare reply for my signature
For direct reply.
For appropriate action
For your information
i
For your files.
i
I.
NAME
ADDRESS
Eugene B. Engen
321 Washington Ave.
So., Hopkins
Mrs. Charles Larson
401 Washington Ave.
So, Hopkins
Mrs. Lawrence Raduen
325 Washington Ave.
So.
Susan Murr
315 Washington Ave.
So.
Kurt Rothe
313 -315 Washington Ave. So.
Mark Thornton
303 Washington Ave.
So.
Tom'Kasprazcek
409 Washington Ave.
So.
Bob Cashin .(owner)
405 Washington Ave.
So.
Mr.' Orville Rosendahl
407 Washington Ave.
So.
Mr. & Mrs. Dennis Olson
403 Washington Ave.
So.
Meredith Hart
Edina Human Relations Commission
Mr. & Mrs. Urban-J. Ipsen
413 Washington Ave.
So.
Jean L. Fritz
415 Washington Ave.
So.
Mike McGlennen (owner)
(421 -423 Wash.) 130
11th Ave. No. Hopkins, Minn
Dave Ewest(owner)
323 Washington Ave.
Ave. So. Edina, Minn..
Rick & Suzy Myre
421 Washington Ave.
So.
Mark Stuhlfant
419 Washington Ave.
So.
�xA r
35170
q �2ASMu-ssEti1/ 200 De Snor. SS3�,3 i
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t
MEMORANDUM
6 January 1975
TO: Warren C. Hyde
FROM: Tom Melena
SUBJECT: PURCHASES THROUGH HENNEPIN COUNTY CO-OP PURCHASING
Due to shortages and inflation, most of this year's bids to Hennepin County
Co -op purchasing are one -shot, one -time purchases. The following items all
fall under this category:
PRICES AVAILABLE FOR
30 DAYS ONLY.
Total Cost
Last Year's Cost
Present
.- MARKING PAINT
$2,565
$3.39
gal.(white)
$3.89 gal.
3.86
gal.(yellow)
4.66 gal.
SIGN POSTS
$3,060
$2.20
(small)
$3.40
3.04
(large)
4.76
GRASS SEED $600 )
$1,084
484 )
POLICE EQUIPMENT $ 616.04
Cost VEHICLES
$3,573 ea. Two 1/2 Ton Heavy Duty Pickup
$3,573
$3,782
$3,782
$3,951
One 1/2 Ton Heavy Duty Pickup
Department
Public Works
Engineering
One 3/4 Ton Cab /Chassis Pickup Sewer
One 3/4 Ton Cab /Chassis Pickup Water
One 1 Ton Cab /Chassis Truck Sign
a
Replacement
1966 Scout (41,000 miles)
1966 Pickup (72,000 miles)
1970 Pickup (70,000 miles)- -
3 Transmission Replacements
1970 Pickup (90,000 miles)
1969 Pickup (82,000 miles)
Budgeted last year. Specs
now agreed upon.
All items have been budgeted for, therefore, I would recommend the purchase
of the above items.
DI /hd
UNITED STATES :.'CONFERENCE OF MAYORS
_ 1,'�
0 f
T ,`t t'�` �.r i y _ "°' , ( l ' t,i • fC. � ti. x F 'h"'r 't ,tom y » s+- � � .r c
,��,:. t.. 1, y .r• ]a' ";tr+ dwk. -u[h "� +F ,y:.t.�; ,,, _ r_
December 20, 1974
TO: The Mayor
FROM: John J. Gunther
SUBJECT: Emergency Employment and Unemployment Compensation Act of 1974
With inflation and recession depressing the economy and unemploy-
ment running at about 7% in the nation and.double that in many of our
central cities, Congress hastily responded to mounting pressures for
increased unemployment compensation and additional public service jobs
by the authorization of a one -year emergency jobs program. When the
Conference of Mayors called for a federally funded public service jobs
program in 1967, the goal was to provide additional needed services.
We achieved that goal with PEP and CETA. The new program was supported
by the nation's Mayors to help meet the current economic crisis.
The Emergency Jobs and Unemployment Assistance Act contains authori-
zation for a $3 billion public service employment program with an addi-
tional $2.5 billion in unemployment insurance for thousands of state
and local employees.
Funds for additional jobs will be made available, as a supplemental
appropriations bill containing a request for $1 billion for public ser-
vice jobs is expected to clear both houses prior to the Christmas recess.
Local prime sponsors can expect the first of a two -part allocation during
the first or second week of January. The initial allocation will be
based on unemployment data through October, the latest available data,
and will be followed by an adjusted allocation, where appropriate, when
November and December data become available. Eligibility requirements
for prime sponsors under the new title of CETA remain the same as those
contained in the original Comprehensive Employment and Training Act
legislation.
Administratively, Labor Department officials will convene a meeting
of local manpower administrators on December 23 to discuss the first draft
of proposed regulations with final regulations due the last week in
December, and prime sponsors should anticipate processing initial appli-
cants in early January.
Although the new Title VI is an amendment to CETA, several of the
restrictions'contained in the regulations for CETA I and II have been
relaxed. Principally, the 30 -day rule has been reduced under Title VI
to a 15 -day rule providing prime sponsor areas have unemployment levels
t- liJlltD SFATES CONFERENCE OF MAYORS 0 1620 EYE STREET, N. W. • WASHINGTON, D. C. 20006
K
in excess of 7 %. Additionally, the original CETA salary ceiling of
$10,000 was retained under Title VI, although the Labor Department will
seek to maintain a national average under the Emergency Jobs and Unem-
ployment Assistance Act of $7,800.
Meanwhile, Labor Department officials are at work developing pro-
cedures for a new program of unemployment insurance for persons not
otherwise eligible under existing state and federal programs. The new
coverage, to be triggered by a 6% national unemployment rate, provided
up to 26 weeks of unemployment compensation beginning on December 23.
Regular unemployment insurance for persons exhausting their present
benefits has also been extended an additional 13 weeks under provisions
in a related bill.
This new law would not have passed had not
pressed for it with their Members of Congress.
its success depends on the vigorous leadership
city across the country. We don't want the law
urge its implementation be given your immediate
cc: City Manager
the Mayors of the nation
Now that we have the law,
of the Mayors in each
to fail, and respectfully
attention.
January 6, 1975
TO: Warren C. Hyde,. City Manager
FROM:. Robert C. Dunn, Director of Public Works and City Engineer
SUBJECT: Improvement Feasibility Report (1975 -2)
Improvements. in Northeast. Ed.ina..
The Engineering Department has for some time been concerned about
the condition of improvements in public space in the.northeast
corner of Edina, formerly known a,nd hereinafter in this report
referred to as Morningside. Street improvement projects have.been
completed recently in the Edina Country Club area 'south of Morning-
side, in Minneapolis. east of Morningside and in St... Louis Park. north.
and west of Morningside.. These.improvements have tended to emphasize
the state of deterioration-of-streets, curb and gutter and sidewalks
and the lack of curb and gutter and sidewalk in some areas of
Morningside.
One petition has.been received for permanent street surfacing and
curb and gutter on Kipling Avenue from 41st Street to 42nd Street.
This petition was referred to the Engineering Department by the
Council.on February 4, 1974. The Engineering Department has been
represented at a number of meetings of and called'by, the Morningside.
Community Association of Edina during the past six months. These
meetings have in part addressed themselves to the improvements
needed in public space (.streets, curb and gutter sidewalks, street
lighting), storm sewer', and water supply. various methods of
determining area property owner reaction to possible neighborhood
improvements have been considered such as questionnaires, block
worker surveys and so forth, but I have now determined that the
best way to bring the matter to the attention of the affected
property owners would be to call an official public hearing at
which the proposals and estimates would be presented by the
Engineering Department. It has been su.ggested.that, if possible,
this hearing might be held within.the Morningside area at the
Morningside School, for.example.
We have prepared cost estimates for public space improvements in
the Morningside area that would bring the area to or exceeding the
standards of the surrounding neighborhoods. Those cost estimates
are as follows:
f..
Improvement Feasibility Report (1975 -1)
Improvements in Northeast Edina
January 6, 1975
Page 2
IMPROVEMENT
COST ESTIMATE
TOTAL PER, ASSESSABLE FOOT
New Concrete Curb and Gutter, $1,364,822.05 $32.00'
New Sidewalk and New Bituminous
Street Surfacing. (°All
Morningside streets except
W. 44th Street and France Avenue)
.New Concrete Sidewalk
(North side W. 44th Street)
Storm Sewer (Complete project
started in 1967)
Ornamental Street Lighting
(All Morningside streets
except - France Avenue).
Replace-.Water Services
$ 20,663.21 $ 9.01
$ 223,313.92, $36.23/1000 sq. ft.
$ 200,000.00- $ 4.80-
$ 120,000.00 From Water Dept,. Funds
$1,928,799.18
Based on `600 total building sites in the area, the total estimated
cost of these assessed improvements would approximate $3,000 per site.
We are working with the City of Minneapolis and the State Highway
Department on.the improvement of France Avenue with 'curb and gutter
and new surfacing from'41st Street to Morningside Road. Estimated
costs and preliminary plans should be available by -March 1, 1975.
The Morningside Water Study undertaken by Banister Short Elliott
Hendrickson & Associates has reached a point where tuberculation in
the mains in the Morningside system is suspected of being the
primary reason for the low water pressures existing in parts of
the area. The only sure way of determining the extent of this problem
is to "open up" the pipes at representative locations (probably '50
to 60) for inspection. The question we are presently considering
is one of timing - do we make these cuts through the frost with.
accompanying problems with satisfactory patching of the holes in
Improvement Feasibility Report (1975 -1)
Improvements in Northeast Edina
Page 3
the streets in the winter or do we wait three months until.the fros.t
is out of the ground. Our current thinking is to wait. The water
pressure problem, of course, must be solved before street .improvement.
work is started.
The estimates we have prepared do not include any financial partici-
pation by the City in any costs other than the water service replace-
ment from main to curb box. Based on the precedent established;in
the Country Club (50 - 50 cost split of curb and gutter.and street
renovation) it would appear that some participation by the City
would be appropriate in Morningside. Conditions are somewhat
different in Morningside because all of the area does not have curb
and gutter existing.
The feasibility of these projects would seem to depend on the feeling
in Morningside toward such'.improvements, the willingness of the City
-of Edina to participate in.the- improvements in the amount of possibly
.$4:00,000 to $500,000. and /or the availability of other funds or funding
procedures (such as through the.Edina Housing and Redevelopment
.Authority).
We would appreciate your review of this report and an opportunity to
discuss the questions raised with you before setting a hearing date
on the improvements..
Respectfully submitted,
Robert C. Dunn, P.E.
Director of Public Works and City Engineer
RCD:ds
cc: Mayor and Council
/ / � 1 -7 �'*'
CO1•L1ERCIAL AREA - INCIDENT RECORDS
December 1, 1974 - December 31, 1974
DATE
TII4E
ICR I40.
LOCATION
INCIDENT
DISPO.
12/1/74
0911
11520
7001 York
Alarn
AA
12/1/74
1553
11529
Dayton's
Shoplifter
CDA
12/1/74
1724
11532
Dayton's
Shoplifter
CBA
12/1/74
1842
11537
Southdale Bowl
Assault
RPT.
12/1/74
1944
11540
Donaldson's
Shoplifter
CBA
12/1/74
2347
11544
Donaldsons Car Care
Alarm
A &A
12/3/74
0945
11591
Yorktown
Robbery Arrest
COJT
12/3/74
1453
11593
Donaldsons Car Care
Theft
RPT
12/3/74
1616
11593
Byerly's
PI Ped.Accident
RPT
12/3/74
1626
11600
Merle Norman Cosmetics
Theft
RPT
12/3/74
1742
11601
Penney's
Shoplifter
CBA
12/3/74
1755
11602
Target
Shoplifter/
Resisting Arrest
CBA
12/3/74
1824
11604
Penney's
Shoplifter
CBA
12/3/74
2034
11607
Dayton Lane
Med. Emergency
A &A
12/3/74
2150
11610
3501 W. 69th St.
Alarm
A &A
12/3/74
2215
11612
Southdale Bowl
Theft
RPT
12/4/74
0405
11618
Penney's Auto Center
Alarm
A. &A
12/4/74
0532
11621
Penney's Auto Center
Alarm
A. &A
12/4/74
1000
11626
6750 France
Theft
RPT
12/4/74
1530
11633
Perkins
Theft
RPT
12/4/74
1604
11635
Turtle Lot
Public Assist
A &A
12/4/74
1706
11638
Donaldson's
Disorderly Cond.
A &A
12/4/74
.2144
11643
Rabbit Lot
Car Fire
A &A
12/5/74
0947
11655
7101 France
Alarm
A &A
12/5/74
1124
11659
Kangaroo Lot
Auto Theft
UNF
12/5/74
1437
11661
Woolworths
Med. Emergency
A &A
12/5/74
1553
11663
Woolworths
Assault /Warrants
CBA
12/5/74
1805
11668
Gagers
Theft
RPT
12/5/74
1805
11669
Goose Lot
Theft from Auto
RPT
12/5/74
1803
11670
Red Owl
Animal Call
UTL
12/5/74
2003
11673
Penney's
Lost Property
A &A
12/5/74
2124
11674
Tiger Lot
Auto Theft
UNF
12/5/74
2230
11676
Donaldson's
Theft
RPT
12/6/74
0006
11678
Southdale Hennepin
County Library
Alarm
A &A
12/6/74
0713
11682
W. 69th & 70th St.Area
Power Outage
A &A
12/6/74
0854
11685
Cedric's
Alarm
A &A
12/6/74
0910
11686
72nd and Xerxes
Rec.Stolen Auto
RPT
12/6/74
1100
11691
Donaldsons
Dis.Conduct
RPT
12/6/74
1238
11694
Target
Shoplifter
CBA
12/6/74
.1304
11695
Two + Two
Theft
RPT
12/6/74
1426
11696
Southdale Brothers
Med. Emergency
A &A
12/6/74
1504
11698
Dayton's Gas
PD Accident
A &A
12/6/74
1739
11706
Leisure Lane
Theft from Auto
RPT
12/6/74
2145
11718
Byerly's
Propane Leak
A &A
12/7/74
0013
11721
1st Southdale Natl.Bank
Holdup Alarm
A &A
12/7/74
1000
11730
7200 York Avenue
Alarm
A &A
12/7/74
1426
11739
1st Southdale Natl.Bank
Alarm
A &A
Coi-imercial Area
- Incident Records
Page 2
December
1, 1974
- December 31, 1974
DATE
Ti --HE
1%R NO.
LOCATION
LVI.,L- 1'11V11
' ,.T,.T, 4T
1iVl,1LL'!J1
DISPO.
12/7/74
1441
11741
6805 York Avenue
I'larrant Arrest
ROA
12/7/74
1454
11742
1st Southdale Natl.Bank
Alarm
A &A
12/7/74
1453
11743
Donaldson's
Disorderly Cond.
CBA
12/7/74
1642
11745
Davtons Overflow Lot
Sodo*ay
C3A
12/7/74
1954
11749
Polly Berg
Alarm
A &A
12/8/74
0023
11755
7101 France Avenue
Alarm
A &A.
12/8/74
0508
11767
6996 France
Alarm
A &A
12/3/74
1357
11774
3achmaans
Public Assist .
A &A
12/8/74
1431
11777
Dayton's
Shoplifting
CBA
12/8/74
1911
11731
Southdale ;owl
Vandalism
RPT`
12/8/74
2055
11783
Dayton's
Fire
A &A
12/8/74
2315
11786
7200 France
Open Door
A &A
12/9/74
1043
11796
Southdale Tunnel Area
H &R Accident
A &A
12/9/74
1305
11793
Donaldsons
.Shoplifter
C3A
12/9/74
1620
11301
Southdale Lower Level
Stolen- [lallet
A &A
12/9/74
2324
11806
Southdale Tunnel
Acetylene Tank
Leaking
A &A
12/10/74
0635
11809
Leisure Lane
Open Door
A &A
12/10/74
1343
11816
Penney's
2 Shoplifters
C3A
12/10/74
1522
11321
Rooster Lot
Public Assist
A &A
12/10/74
2320
11331
Southdale Bowl
Custor_ler Trouble
A &A
12/11/74
0215
11835
McDonalds
Rech-less Vehicle
A &A
12/11/74
1156
11343
Delaria's
T_1eft
RPT
12./11/74
1359
11345
Tiger Lot
Auto '^deft
RPT
12/11/74,1515
11843
6950 :erxes
Rec.Stolen Auto
COdT.
.12/11/74
2201
11856
lienn.Fed.Savings
Alarm
A &A
12/12/74
1033
11370
Target
iieci.Lnergency.
A &A
12/12/74
1403
11315
Penney's Auto
Abandoned Auto
COST.
12/12/74
2016
11386
Dayton's
Shoplifter
CBA
12/12/74
2213
11339
Dayton's
?'11egal use of
Credit Card
CONT .
12/13/74
0312
11897
Southdale Security
Animal Call
A &A
12/13/74
1326
1190^
Racoon Lot
Pudic Assist
A &A
12/13/74
1353
11905
�:angaroo Lot
Property Damage
A &A
12/13/74
1803
11916
S'dale Locher 392
Rec.Stolen Property IidA
12/13/74
1342
11913
Southdale Pet Store
Assist Other Dept.
A &A
12/13/74
1916
11919
Flagg 3ros.Shoes
3 Shoplifters
COTT.
12/13/74
1955
11920
Southdale Pet Store
Pick up Three
Runaways
CBA
12/13/74
2004
11921
Southdale Bann
P &C
CBA
12/13/74
2234
11926
3517 Hazelton
Alarm
A &A
12/14/74
1226
11940
Picadilly Circus
Theft
RPT
12/14/74
1246
11942
Southdale Center
Animal Call
A &A
12/14/74
1452
11930
Justers
Theft
RPT
12/14/74
1836
11956
Byerly's
PD Accident,
RPT
12/15/74
0109
11971
Southdale Bowl
Curfew - 8
C3A
12/15/74
1151
11936
Cedrics
Alarm
A &A
12/15/74
1336
11992
O:-71 Lot
Vehicle Blocking
A &A
12/15/74
1500,
11990
Penney's
Shoplifter
CBA
12/15/74
1711
12002
Dayton's
Shoplifter
C3A
12/15/74
1343
12007
- Penney's
Shoplifter
CBA
12/16/74
102-
12025
7101 France
Civil Compl.
A &A
12/16/74
1343
12035
Penney's
Shoplifter.
C3A
Commercial Area - Incident Records
Jaceaber 1, 1974 - December 31, 1974
Page 3
DATE
TINE
1CR 'NO.
LOCATION
!NCTDENT
DISPO-
12/16/74
1650
12043
Alligator Lot
Auto Theft
RPT
12/16/74
1700
12046
Alligator Lot
Rec.Stolen Auto
A &A
12/16/74
1730
12047
Penney's
Stolen Wallet
RPT
12/16/74
1930
12059
Donaldsons
Theft & Recovery
RPT
12/17/74
0125
12065
Owl Lot
Rec.Stolen Auto
RPT
12/17/74
0255
12069
Camel Lot
Rec.Stolen Auto
RPT
12/17/74
0323
12070
Byerly's
Public Assist
A &A
32/17/74
0652
12072
3240 Southdale Circle
Alarm
A &A
12/17/74
1400
12079
7101 France
Forgery
RPT
12/17/74
1722
12082
Turtle Lot
Theft from Auto
RPT
12/17/74
0745
12084
7001 York Avenue
Theft
INA
12/17/74
1930
12087
Dayton's
Theft
A &A
12/17/74
2048
12092
Copper Marquee
Shoplifter
CBA
12/18/74
1215
12109
Dayton's
Shoplifter
CBA
12/18/74
1829
12124
Daytons
Shoplifter
CBA.
12/18/74
2141
12128
3433 Hazelton Road
Alarm
A &A
12/18/74
2154
12129
Richfield Lane
tied. Emergency
A &A
12/18/74
2220
12130
Goose Lot
Theft from Auto
RPT
12/19/74
0230
12137
Byerly's
shoplifter
CBA
12/19/74
0944
12140
.3401 W. 69th St.
Theft from Auto
RPT
12/19/74
1246
12145
J. Riggings
Susp.Activity
A &A
12/19/74
1620
12148
Donaldson's
Theft
RPT
12/19/74
1645
12149
Dayton's
Shoplifter
CBA
12/19/74
2137
12153
York Liquor Store
Lost Wallet
A &A
12/19/74
2324
12155
Byerly's
Shoplifter
CBA
12/20/74
0852
12164
3341 Hazelton Road
Alarm
A &A
12/20/74
1401
12170
Fox Lot
H &R PD Accident
A &A
12/20/74
1320
12175
Polly Berg
Theft
RPT
12/21/74
0032
12183
Fox Lot
Curfew - 4
CBA
12/21/74
0920
12194
Byerly's
Public Assist
A &A
12/21/74
1011
12196
Camel Lot
PD Accident.
A &A
12/21/74
1109
12200
Duck Lot
H &R PD Accident
A &A
12/21/74
1257
12202
Spencer Gifts
Shoplifter
CBA
12/21/74
1350
12203
7001 York Avenue
Public Assist
A &A,
12/21/74
1420
12204
7171 France
Lost Elderly Male
A &A
12/21/74
1550
12209
Penney's
3 Shoplifters
C3A
12/21/74
1700
12211
Southdale
Theft
RPT
12/21/74
1340
12212
Target -
PD Accident
RPT
12/21/74
2344
12217
Southdale Bowl
Susp.Veh. &Persons
A &A
12/22/74
0539
12223
Penney's Auto Center
Alarr11
A &A
12/22/74
1138
12227
County Seat
Theft
RPT
1 2/22/74
1150
12229
Hanover Shoes
Smoke
A &A
2/22/74
1420
12236
Amluxen's
Counterfeit money
UNP
1 2/22/74
1526
12233
Donaldson's
Shoplifter
CBA
12/22/7r1
1553
12240
Dayton's
Shoplifter
CBA
12/22/74
1334
12244
Southdale Bowl
Att.Theft
RPT
12/22/74
2326
12253
Southdale Bowl
Pickup Juv.Runaway
UTL
12/23/74
0020
12255
Southdale Bowl
Curfew - 12
C3A
12/23/74
1131
12266
345 Southdale Center
Theft
RPT
12/23/74
1650
12276
Penney's
Shoplifter
C 3A
12/23/74
1306
12277
Target
Shoplifter
C3A
12/23/74
1902
12279
Penney's
Shoplifter
C3A
12/24/7'
0923
12299
Polly Berg
Alarr1
A &A
Commercial Area - Incident Records
Decetwer 1, 1974 - Decenber 31, 1974
�iAm_ ^
^I I: I
ICR d0. L
LOCATION
12/24/74 1
1033 1
12302 D
Donaldsons
12/24/74 1
1051 1
12304 O
Owl Lot
12/24/74 1
1526 1
12312 D
Donaldsons Overflow L
12/24/74 1
1636 1
12317 Y
York Liquor Store
12/24/74 2
2039 1
12324 B
Byerly's
12/25/74 0
0437 1
12334 P
Penney's
12/25/74 0
0653 1
12335 P
Penney's
12/26/74 1
1020 1
12353 B
Bodines
12/26/74 1
1338 1
12360 6
6975 York Avenue
12/26/74 1
1403 1
12363 W
Walgreens
12/26/74 1
1743 1
12368 P
Penney's
12/26/74 2
2345 1
12376 S
Southdale Bowl
12/27/74 1
1330 1
12388 F
Fox Lot
12/27/74 1
1413 1
12391 G
Giraffe Lot
12/27/74 1
1503 1
12395 T
Turtle Lot
12/27/74 1
1655 1
12397 D
Donaldsons
12/27/74 1
1741 1
12400 H
Happy Chef
12/27/74 2
2027 1
12402 W
Willian's Shoes
12/27/74 2
2027 .
.12403 W
William's Shoes
12/27/74 2
2141 1
12405 A
Alligator Lot
12/28/74 1
1200 1
12423 G
Galleria Lot
12/28/74.1216 1
12424 S
Southdale
12/28/74 1
1218 1
12425 B
Byerly's
12/28/74 1
1406 1
12428 T
Target
12/28/74 1
1758 1
12431 C
Copper Marquee
12/29/74 1
1256 1
12450 3
348 Southdale Center
12/29/74 1
1453 1
12454 O
Owl Lot
12/29/74 1
1523 1
12457 G
Galleria Lot
12/30/74 1
1309 1
12483 D
Donaldson's
12/30/74 1
1448 1
12489 D
Donaldson's
12/30/74 1
1647 1
12493 R
RLISP -6975 York
12/30/74 1
1709 1
12495 K
Kangaroo Lot
12/30/74 1
1824 1
12499 D
Donaldson's
12/30/74 1
1842 1
12500 3
3505 IIazelton -Road
12/30/74 1
1915 1
12502 D
Donaldson's
12/30/74 2
2028 1
12505 B
Byerly's
12/31/74 1
1433 1
12526 7
7320 York
1-2/31/74 1
1720 1
12531 D
Dayton's
II &R PD Accident RPT
Shoplifter A &A
Fire Alarm A &A
Alarm A &A
Alarm , A &A
Theft RPT
Theft RPT
.Att.Forgery RPT
Shoplifter RPT
Dis.Conduct- GOA
—Vandalism A &A
PD Accident A &A
Theft From Auto RPT
Theft by Check CBA
Vandalism RPT
Theft RPT
Theft RPT
P &C- Reckless Driving CBA
PD Accident A &A
Med. Emergency A &A
Myst.Disappearance RPT
Shoplifters/
Resisting Arrest CBA.
Theft t UNF
Burglary RPT
Att.Auto Theft RPT
Auto Theft RPT
Med. Emergency A &A '.
Shoplifter CBA
Med.Emergency A &A
Exposer RPT
[Warrant /Dis.Conduct RPT
Shoplifting RPT
Armed Robbery RPT
.Fire A &A,
PI Accident RPT
Shoplifter. CBA
CURREfff ASSETS:
Cash:
Demand Deposits
Working Fund
Inmstments:
Waterworks
Accrued Imterest
Due from . other Funds
Loam Th Other Mnds
Inventory:
Liquor
Ifi ne
Beer and Mix
Prepaid Expenses:
Unexpired Insurance
Supplies Inventory
FINED ASSETS AT COST:
Lazed
Land Improvem.nts
Buildings
Furniture and Fixtures
Leasehold Lmprovements
LIQUOR FUWD
BAIANCE SHEET
CITY OF EDINA
AS OF IMFEMER 300 197f5
ASSETS
$ 507,958 ,,23
3,500.00 $ 5110458.23
$ 17,206082
10474.58 18,681.40
18,954.00
415,000.00
$ 478,003 -77
125,743.79
10,125.35 613,873011
$
4,877,81
400.00 50277.81
TOTAL CURRENT ASSETS $10383,244.53
$ 151,448.83
$ 22,777.18
385,716.98
104,861.14
31,> 2082 29 3"a456.59
$ 696,012.44
Less Allowance for Depreciation and
Amortip.,8tion
Construction In Progress
CURRENT LMILITIES:
Trade Accounts Payable
Accrued Payroll
TOTAL ASSETS
LIABILITIES AND SURPLUS
TOTAL CURRE99 LIIABILATIES
SURPLUS:
Invested in Fixed Assets
Unappropriated
TOTAL LIARMETIES AND SURPLUS
1760208.85
$ 5190803.59
103,,143.78 6220947.37
,1202060191.92
$ 266,348.45
60170.00
$ 272,518.45
$ 622,947.37
103100726.10 109330673.47
$20206,191.92__
6LES: $
Uq,-af
VAno
ws cnd hib
Lon hattFo mfcmds
NET ;BALE $
03T OF SALES:
Engontay -- ,lowly 1
Pw�kags
Inventory-Nov, 30
GROSS PROFIT �
PERRATING EXPENSE: $
Sa ?tiny
Ovart,aad
Adr.:iaCtra:4ve
TOTAL OPERATING $
EXPENSES
NET OPERATING $
PROFIT
THER INCOME:
Ca9l @iscwnt
C 6 ovor w c. cb.-
Indoma on iuratment
0"!=
NET INCOME
E&CENT TO NET SALTS:
Gross profit
ap-'vatdaa ag3oam
oplm ft Inf f
Olhar ISLQ=
NET iNCO:Mfs
170307.
19,21%
16063%
17.93%
UQUOR DISPENSARY FUND
22.04%
21028%
.21087%
9.33
6065
8.80
8,05
9001
8009
8064
COMPARATIVE
STATEMENT
OF INCOME AND EXPENSE
7083%
9.88%
13012%
13097%
12.64%
13°33%
1„21
.62
.48
068
1.18
TILLAGE OF EDINA
.57
.75
Bleven
months Bnding amber
30, 1974 mW November 30,
1973
1974
1973
INCA-
DECUAS.P
SM St
Saab afe
Grand=
%tag
50th SL
Snatudde
CvQadcioti9
TOW
nth St_
sou" We
Gmwdw
'IOW
684,731
$ 9419150
$
647,010
$2,272,891
$ 651,822
$ 253,647
$549,379
$1,954,848
$
32,909
$187,503
$ 97,631
$318,043
183,650
2920729
1589989
6379368
169,351
223,715
133,388
526,434
16,299
69,014
23,601
110,914
2371,048
311,019
1749106
722,173
195,077
214,041
1219729
330,847
41,971
96,978
52,377
191,326
23 049
29.369
22 712
75.130
21.728
22,810
18 336
6� 874
I 321
61,539
4,376
12,236,
1,130,478
$10574,267
$1,002,817
$3,707,562
$1,037,978
01,214,213
0822,832
$3,075,023
$
92,500
$360,034
$179,985
$632,519
18,751
244286
1789, 03
60,940
8,655
9,900
7,221
250776
10,096
14,386
10,682_ _
35,164 _
1,111,727
$1,549.981
$
984,914
$3,646,622
$1,029,323
$1,204,313
$815,611
$3,049,247
$.82,404
$345,668
$169,303
$397,375
183,230
202,960
165,390
551,580
194,916
143,097
159,754
497,767
01,686
59,863
5,636
53,813
938,282
1.259.170
857 505
3 054 957
865,612
1 042 842
704,4974
2,613 428
72.670
216,328
152.531
"11329
18121,512
1,462,130
$1,022,895
$3,606,537
$1,060,528
$1,185,939
$864,728
$3,1119195
$
60,984
$276,191
$138,167
$495,342
202 127
209,942
201 804,
623.873
25M83
247,021
222,700
728,705
S6 856
37 079
20 896
1142831-
919a385
$1,25c2,d88
8211,091
22,992,664
601,545
938,918
$642.028
12.382,491
$117,840
2313,270
1179,063
2610,173
192,342
$ 297,793
$
163,823
$ 653,958
$ 227,778
$ 265;395
$173;583
$ 666,756
$
35,536
$ 32,398
$ 9,760
$ 12,792
59,515
$ 54,290
0
44,178
$ 157,983
$ 50,733
$ 47,111
$-32,114
$ 129,978
$
8,762
$ 7,179
$ 12$064
$ 28,005-
17,999
22,439
19,524
59,962
12,365
249513
13,162
30,042
fi,634
20076
6,362
9,920
�6 173
26,315
22,985
75,473
29,635
25,363
25,197
00 395
3,662
j 752
2,212
4,922
103n687
103 044
86 687
293,418,$
92,753
97,189
70,473
0 260 413
10 934
1 5,855
1 16,214
33,003
88,655
0 194,749
$
779136
$ 360,540
$ 133,025
$ 168,206
$103,116
$ 406,341
$
468370
$ 26,543
$ 2511974
$ 63,801
4,701
6,308
4.623
15,832
59192
6,177
4;574
15,943
491
331
49
32!.
88
22
78
188
13
115
60
Go
101
137
18
256
7,237
7,237
49570
4,570
2,667
2,667
170307.
19,21%
16063%
17.93%
22913%
22.04%
21028%
.21087%
9.33
6065
8.80
8,05
9001
8009
8064
8054
7097%
12.,56%
7083%
9.88%
13012%
13097%
12.64%
13°33%
1„21
.62
.48
068
1.18
050
.57
.75
/3-f-
6
SUN NEWSPAPERS
6601 WEST SEVENTY-EIGHTH STREET
EDINA, MINN. 55435 • 941 -6800
December 16, 1971
City Council
City of Edina
48o1 w. 50th St.
Edina, Mri. 55435
Gentlemen:
Your designation of the Edina Sun to be your official newspaper for
the year 1975 will be most appreciated.
The rate for legal publications as set by Mimnesota law is 20.5¢ per 1 %
line for the first insertion, 13. per lire for each subsequent insertion.
Tabular matter, i.e., proper names, numbers, legal descriptions, etc: is
per line additional for the original insertion with no additional
charge for repeats of the original insertion.
We will provide at no additional charge, two notarized affidavits on each
of your publications. Additional notarized affidavits, on request, will
be furnished at .25¢ each.
All publications should reach this office by 12 noon Tuesday preceedirg
your Thursday publication.
In order to expedite our services to you, it is requested that you direct
your publications to the attention of Cicely Loon, Legal Department,
6601 west 78th St., Edina, lvh. 55435
Thank you for your consideration of this, o, -L- official
designation of the Edina Sur_ as your official newspaper
ensuing year.
Very truly yours,
SUN NOWSPAPMS, INC.
James R. Ritchay
Excutive Vice President
JRR:cm
application for
for the
January
July"
1974
1975
1975
Bi-
-Bi-
Bi-
FIRE **
Weekly
(Annual)
Weekly
Weekly
(Annual)
Lieutenants
$530.
(13,780)
$583.00
$593.62
(15,296.06)
First yeas
523
113,598)
575.30
585.76
.(15,093.78)
Drivers - Inspector.s
495
(12,870)
544.50
554.40
(14,285.70)
Firemen 4 years service
482
(12,532)
530.20
539.84
(13,910-52)
3 years service
474
(12,324)
521.40
530.88
(13,679.64)
2 years service
443
(11,518)
487.30
496.16.
(12,784.98)
1 year service
425
(11,050)
467.50
476.00
.(12,265.50)
First year
383
( 9,958).
383.00
Gibr
( 9,958.00).
Members of the Fire Department
will
receive an additional
$ 30.00
peri:mohih
for operation of the Fire Department
Ambulance,
qualification
for Red
Cross
First Aid certificates, and .taking
such
additional
instruction
in First,Aid
as may be required by the City.
r ;
DORSEY, MARQUART, WINDHORST, WEST & HALLADAY
DONALD WEST
WILLIAM J. HEMPEL
2300 F I R S T NATIONAL BANK BUILDING
FAITH L OHMAN
WALDO F. MAROUART
JOHN S. HIBBS
DAVID A RANHEIM
JOHN W. WINDHORST
HENRY RALLADAY
ROBERT O. ROTTEN
JOHN D. LEVINE
M I N N E A PO L I,S, M I N N E S O TA 55402
ROBERT J. SILVERMAN
WILLIAM R. HIBBS
JULE M. HANNAFORD
ROBERT J, STRUYK
JOHN D. KIRBY
ARTHUR B. WHITNEY
MICHAEL A OLSON
PHILIP F. SOELTER
RUSSELL W. LINDOUIST
LARRY W. JOHNSON
(612) 340 -2600
WILLIAM B. PAYNE
DAVID R. BRINK
THOMAS S. HAY
CABLE: DOROW
JAN STUURMANS
HORACE HITCH
VIRGIL H. HILL
G. LARRY GRIFFITH
CRAIG A. BECK
TELEX: 29 —0606
R. A SCHWARTZBAUER
STEVEN K. CHAMPLIN
ROBERT V. TARBOX
ROBERT J. JOHNSON
DAVID L. MCCUSKEY
THOMAS 0. MOE
TELEC0PIER:(612)340 -2866
DAVID FRONEK
THOMAS N. W. TINKHAM
M. B. HASSELOUIST
JAMES H. O'HAGAN
JON F. TUTTLE
PETER DORSEY
JOHN M. MASON
1468 W —FIRST NATIONAL BANK BUILDING
ROBERT AHEIBERG
GEORGE P. FLANNERY
MICHAEL W. WRIGHT
.
$T PAUL MINNESOTA 66101
EMERY W BARTLE
CURTIS L ROY
ARTHUR E. WEISBERG
LARRY L. VICKREY
LOREN R. KNOTT
,
(612) 227 -8017
MICHAEL J. RADMER
PAUL SCHEERER
DUANE E. JOSEPH
PHILLIP H. MARTIN
CURTIS L, STINE
JAMES B. VESSEY
REESE C. JOHNSON
MICHAEL TRUCANO
WILLIAM A. WHITLOCK
CHARLES J. HAUENSTEIN
JONATHAN VILLAGE CENTER
WILLIAM J. KEPPEL
E. J. SCHWARRBAUER
CHARLES A. GEER
CHASKA, MINNESOTA 56316
JAMES A FLADER
THOMAS M. BROWN
JOHN C, ZWAKMAN
(612) 448 -4012
WILLIAM A. JOHNSTONE
CORN ELIUS D. MAHONEY
JOHN R.WICKS
WILLIAM E. BOWEN
THOMAS S. ERICKSON
EUGENE L, JOHNSON
WILLIAM P. LUTHER
WILLIAM C BABCOCK
JOHN W, WINDHORST, JR.
DOUGLAS D. McFARLAND
MICHAEL E. BRESS
MICHAEL PRICHARD
116 THIRD STREET SOUTHWEST
DAVID LBOEHNEN
RAYMOND A REISTER
WILLIAM R. SOTH
ROCHESTER, MINNESOTA 55901
ALAN D. GILLILAND
JOHN J. TAYLOR
THOMAS R, MANTHEY
(607) 288 -3156
LAWRENCE R. OLIVER
BERNARD G. HEINZEN
RICHARD G. SWANSON
FRANK H. VOIGT
December 23, 1974
Ms. Florence Hallberg
Edina City Clerk
4801 West 50th Street
Edina, Minnesota 55424
Re: Dean Akins's Apartment Building at
5416 West 70th Street, Edina.
Dear Florence:
Enclosed are nine copies of my opinion letter to the Council
and Mr. Hyde on the above matter. Please put this matter on the agenda
for the Council meeting of January 6, 1975.
TSE /abc
Enclosures
Very truly yours,
Thomas S. Erickson
WILLIAM E. MARTIN
WILLIAM H. HIPPEE, JR.
STEPHEN G. SHANK
ROBERT A BURNS
TONI A. BEITZ
MICHEL A. LAFOND
BRADFORD L. FERGUSON
ROGER J. MAGNUSON
J. ROBERT HIBBS
JAY COOK
STANLEY REIN
CHARLES L. POTUZNIK
VERLANE LENDORF
DENNIS BURATTI
GEORGEANN BECKER
ROBERT HOBBINS
BARRY D. GLAZER
PETER HENDRIXSON
NICKY HAY
IRVING WEISER
STEPHEN GOTTSCHALK
THOMAS ELKINS
OF COUNSEL
DAVID E. BRONSON
LEAVITT R. BARKER
GEORGE E. ANDERSON
ROBERT L.VANFOSSEN
December 23, 1974
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Dean Akins's Apartment Building at
5416 West 70th Street, Edina, Minnesota 55435.
Dear Council Members and Mr. Hyde:
WILLIAM E. MARTIN
WILLIAM H. HIPPEE, JR
STEPHEN G. SHANK
ROBERT A. BURNS
TONI A. BEITZ
MICHEL A LAFOND
BRADFORD L. FERGUSON
ROGER J. MAGNUSON
J. ROBERT HIBBS
JAY COOK
STANLEY REIN
CHARLES L. POTUZMIK
VERLANE L ENDORF
DENNIS BURATTI
GEORGEANN BECKER
ROBERT HOBBINS
BARRY D. GLAZER
PETER NENDRIXSOM
MICKY MAY
IRVING WEISER
STEPHEN GOTTSCHALK
THOMAS ELKINS
OF COUNSEL
DAVID E. BRONSON
LEAVITT R. BARKER
GEORGE E.ANDERSON
-
ROBERT L.VANFOSSEN
The Council has requested that I investigate the situation relative
to the installation of a fire alarm and detection system in the above building.
I have now had opportunity to review the material delivered to the Council
by Mr. Akins at its December 2, 1974 meeting and have also met with Mr. Buresh,
reviewed the Fire Department file, and conferred with Mr. Curtis Austin and
Mr. Walter Gustafson', the prosecuting attorneys.involved.
I do not intend to respond to the comments made by Mr. Akins about
the personal motives and integrity of Mr. Buresh, nor shall I comment upon
requests and demands made by Mr. Akins that I consider beyond the scope of
the Council's request to me (e.g., that the Council direct lobbying by City
staff for certain State Fire Code provisions).
This matter has become quite complex because of its long duration,
an_ intervening change of ownership, and an intervening change in the laws.
However, I will attempt to summarize the situation as fairly and objectively
as I can.
Summary of Important Facts.
1. On July 15, 1968, Edina adopted Ordinance No. 118 -A. That
ordinance is now No..611. Ordinance No. 118 -A required, among other things,
"an approved manual electric - supervised fire alarm system and automatic
detection system" in every multiple occupancy building,with certain exceptions
not applicable to the.subject building. The ordinance applied to existing
buildings after expiration of two years from the date of notification by the
DORSEY,
MARQUART, WINDHORST, WEST 81L HALLADAY
- DONALD WEST
WILLIAM J. HEMPEL 2300
F I R S T NATIONAL BANK BUILDING
FAITH L OHMAN
WALDO F. MAROUART
JOHN S. HIBBS
DAVID A BAHREIN
JOHN W. WIMDHORST
ROBERT O. ROTTEN
MINNEAPOLIS, MINNESOTA 5 5 4 0 2
ROBERT J. SILVERMAN
WILLIAM R. HIBBS
HENRY HALLADAY
JOHN D. LEVINE
JOHN D. KIRBY
" JULE M. HANNAFORD
ROBERT J. STRUYK
PHILIP F. SOELTER
ARTHUR B. WHITNEY
MICHAEL A. OLSON
(612) 340 -2600
WILLIAM B. PAYNE
RUSSELL W. LINDOUIST
LARRY W. JOHNSON
JAN STUURMANS
DAVID R, BRINK
THOMAS S. HAY
CABLE: DOROW
R. A. SCHWARTZBAUER
HORACE HITCH
G. LARRY GRIFFITH
TELEX: 2B —0606
STEVEN K. CHAMPLIN
VIRGIL H. HILL
CRAIG A. BECK
DAVIDN, FRONEK
ROBERTV TARBOX
DAVID L. McCUSKEY
TELECOPIER:(612) 340 -2866
THOMAS W. TINKIIAM
ROBERT J. JOHNSON
THOMAS O- MOE
JON F. TUTTLE
M. B. HASSELOUIST
JAMES H, `HAGAN
ROBERT A
PETER DORSEY
GEORGE P. FLANNERY
JOHN M.MASON
MICHAEL W. WRIGHT
1468 W—FIRST NATIONAL BANK BUILDING
ST. PAUL, MINNESOTA 66101
BARTERG
W BART
EMERY LE
EN
MICHAEL J. RADMER
CURTIS L ROY
LARRY L. VICKREY
(612) 227 — BO17
PAUL SCHEERER
ARTHUR E.WEISBERG
LOREN R. KNOTT
CURTIS L STINE
DUANE E. JOSEPH
PHILLIP H, MARTIN
MICHAEL TRUCANO
JAMES B.VESSEY
REESE C. JOHNSON
JONATHAN VILLAGE CENTER
WILLIAM J. KEPPEL
WILLIAM A. WHITLOCK
' E. J. SCHWARTZBAUER
CHARLES J, HAUENSTEIN
CHARLES A. GEER
CHASKA, MINNESOTA 66318
JAMES A. FLADER
THOMAS M.BROWN
JOHN ZWAKMAN
(612) 448 -4012 -
WILLIAM A- JOHNSTONE
CORNELIUS D. MAHONEY
JOHN R. WICKS
WILLIAM E. BOWEN
THOMAS S. ERICKSON
EUGENE L. JOHNSON
WILLIAM P. LUTHER
WILLIAM C. BABCOCK
JOHN W. WINDHORST, JR.
116 THIRD STREET SOUTHWEST
DOUGLAS D. MCFARLAND
DAVID L. BOEHNEN
MICHAEL C. DRESS
MICHAEL PRICHARD
ROCHESTER, MINNESOTA 66901
ALAN D.GILLILAND
RAYMOND A. REISTER
JOHN J. TAYLOR
WILLIAM R. SOTH
THOMAS MANTHEY
(1507) 288 -3166
LAWRENCE R. OLIVER
BERNARD G. HEINZEN
RICHARD G. SWANSON
FRANK H. VOIGT
December 23, 1974
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Dean Akins's Apartment Building at
5416 West 70th Street, Edina, Minnesota 55435.
Dear Council Members and Mr. Hyde:
WILLIAM E. MARTIN
WILLIAM H. HIPPEE, JR
STEPHEN G. SHANK
ROBERT A. BURNS
TONI A. BEITZ
MICHEL A LAFOND
BRADFORD L. FERGUSON
ROGER J. MAGNUSON
J. ROBERT HIBBS
JAY COOK
STANLEY REIN
CHARLES L. POTUZMIK
VERLANE L ENDORF
DENNIS BURATTI
GEORGEANN BECKER
ROBERT HOBBINS
BARRY D. GLAZER
PETER NENDRIXSOM
MICKY MAY
IRVING WEISER
STEPHEN GOTTSCHALK
THOMAS ELKINS
OF COUNSEL
DAVID E. BRONSON
LEAVITT R. BARKER
GEORGE E.ANDERSON
-
ROBERT L.VANFOSSEN
The Council has requested that I investigate the situation relative
to the installation of a fire alarm and detection system in the above building.
I have now had opportunity to review the material delivered to the Council
by Mr. Akins at its December 2, 1974 meeting and have also met with Mr. Buresh,
reviewed the Fire Department file, and conferred with Mr. Curtis Austin and
Mr. Walter Gustafson', the prosecuting attorneys.involved.
I do not intend to respond to the comments made by Mr. Akins about
the personal motives and integrity of Mr. Buresh, nor shall I comment upon
requests and demands made by Mr. Akins that I consider beyond the scope of
the Council's request to me (e.g., that the Council direct lobbying by City
staff for certain State Fire Code provisions).
This matter has become quite complex because of its long duration,
an_ intervening change of ownership, and an intervening change in the laws.
However, I will attempt to summarize the situation as fairly and objectively
as I can.
Summary of Important Facts.
1. On July 15, 1968, Edina adopted Ordinance No. 118 -A. That
ordinance is now No..611. Ordinance No. 118 -A required, among other things,
"an approved manual electric - supervised fire alarm system and automatic
detection system" in every multiple occupancy building,with certain exceptions
not applicable to the.subject building. The ordinance applied to existing
buildings after expiration of two years from the date of notification by the
DORSEY, MARQUART, WINDHORST, WEST ✓} HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 2 December 23, 1974
Fire Prevention Bureau to the building owner of the requirements. of the
ordinance.
2. On December 11, 1968, an order requiring installation of the
above quoted system by December 15, 1970, was mailed by the Fire Prevention
Bureau to Mr. H. L. Schmelz at 5416 West 70th Street.
3. On July 27, 1970, a letter from the Fire Prevention Bureau to
Mr. E. J. Smelz at 5416 West 70th Street reminded him of the above require-
ment and of the December 15, 1970 deadline.
4. On October 9, 1970, Building Permit No. E -445 was issued for
the building at 5416 West 70th Street for installation of a fire alarm system
at a cost of $1,900, to be completed by December 13, 1970. This permit was
taken out for the purpose of complying with Ordinance No. 118 -A and the
above order. The owner's name was shown as Mr. Schmelz.
5. There has been some difficulty with the name of the owner.
The owner of record was and is Eldred J. Schmelz (see Certificate of Title
No. 231783). The December 11, 1968 order was addressed to Mr. H. L. Schmelz,
and the July 27, 1970 letter was addressed to Mr. E. J. Smelz. However,
the use of the erroneous names does not appear to have been prejudicial to
the building owner in any way. As evidenced by the issuance of Building Permit
No. E -445, the building owner knew of and understood the requirement sufficiently
in advance of the performance date to have been able to comply. Also, I am
advised that H. L. Schmelz and Eldred J. Schmelz are brothers, and it can
be assumed the correspondence to either concerning the building was eventually
received by the right person.
6. The work authorized by the above building permit was never done,
and on February 11,:1971, another letter from Mr. Buresh addressed to Mr. H. L.
Schmelz at 5416 West 70th Street advised of the continuing violation of
Ordinance No. 118 -A and requested a plan for compliance with the ordinance.
7. For approximately two years, until about August or September
1972, there is no written record of further action in this matter. Mr. Buresh
advised me that during this time Mr. Ed Sherman was negotiating with Mr. E. J.
Schmelz for installation of the required systems.
8. Also, Mr. Buresh has advised that during this time legal action
was begun for violation of Ordinance No. 118 -A. It appears that the name
confusion continued and that the action was begun against Mr. H. J. Schmelz
and not against Mr..E. J. Schmelz, the owner of.the building. In any event,
it further appears that this action was not pursued by the prosecuting attorney
and no judgment was ever entered against Mr. Schmelz.
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 3 December 23, 1974
9. Also, during this time, and in March of 1972, Mr. Akins bought
the building. The record owner, as stated, is yet Mr. Eldred J. Schmelz;
Mr. Akins is buying under a contract for deed. Mr. Buresh and Mr. Ed Sherman
are of the opinion that Mr. Akins knew, prior to his purchase, that a fire
alarm and detection system was required to be installed in the building.
Mr. Akins states that he did not know of the request until August or Sep-
tember 1972.
10. Also, during this time, and on July 1, 1972, the State Building
Code (the "SBC ") became effective.
11. -In August or September, and October, of 1972, Mr. Buresh met
with Mr._ Akins and Mr. E. J. Schmelz. Mr. Buresh advises me that during these_
meetings he advised Mr. Akins that: (1) the ordinance allows appeals to the
Council within 30 days after the action complained of but that he thought an
appeal by Akins would not prove successful; and (2) that alternative systems
were available and that smoke detectors were an acceptable equivalent for some
of the fire protection system requirements. As to (1), Mr. Akins states that
he interpreted Mr. Buresh's comments in such a manner that Mr. Buresh convinced
him not to appeal: As to (2), Mr. Akins states that Mr. Buresh gave him the
impression that no alternatives were possible. .(However, Mr. Buresh, by letter
dated December 28, 1972, to a Mr. John Murphy, accepted smoke:detectors as an
equivalent in a building at 3901 West 49th Street. There is, therefore, no
reason to believe that these alternatives were not made known to Mr. Akins
and Mr. Schmelz.) In any event, it appears that the-result of these meetings
was an agreement by Mr. Akins and Mr. Schmelz to install,the required systems
and to share the cost between them.
12. On November 21, 1972, Mr. Akins wrote Mr. Buresh to advise him
that he had decided not to install a fire alarm system in the building. His
stated reasons were: (1) the systems have problems (e.g., false alarms) and
may not be properly located to work effectively; (2) the State thinks it
impractical to put such systems in older buildings; and (3) the monetary
cost is too high. However, by his letter he also appeared to be relying upon
alleged statements of the State Fire Marshal and State Building Inspector
that local codes were superseded by the SBC and that Edina could not require
installation of the fine alarm and detection systems.
13. By letter of December 29, 1972, Mr. Buresh advised.Mr. Akins.
that the building was yet in violation of Ordinance No. 611 (formerly
Ordinance No. 811 -A).
14. Subsequent inspections on August 21, 1973 and October 17, 1973
indicated a continuing lack of compliance with the fire alarm and detection
Systems request and other deficiencies in the building.
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The Honorable-Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 4 December 23, 1974
15. On July 9, 1974, Mr. Akins was served with a citation for
"violation of a lawful written order under City Ordinance No. 611."
16. On July 14, 1974, Mr. Akins addressed a letter to the Council,
appealing to the Council to delay all court action relating to the building
until certain matters set out in that letter were "reviewed, clarified,
substantiated and /or revised as applicable." The Council took no action at
that time.
17. A court hearing on the citation issued to Mr. Akins was scheduled
for August 27, 1974. This was continued pending an agreement with Mr. Akins
for an approved plan for installation of the required system. Meetings between
Mr. Hyde, Mr. Buresh, and Mr. Akins resulted in a plan's being submitted to
Edina the first week in September.
18. A further fire inspection was made to determine the feasibility
of Mr. Akins's proposed alarm system, and on September 11, 1974,.Mr. Paulfranz,
inspector, Fire Prevention Bureau, wrote to Mr. Akins advising him that the
plan was acceptable only in part and that the building had additional fire
protection and safety deficiencies. Mr. Buresh advises, however, that the
portion of the plan that was accepted should not have been accepted because
the very simple line drawings (which did not show any details or cross sections)
given by Mr. Akins with the plan were not accurate because they did not indicate
that the apartments in the building are two - story, instead of one- story, apartments.
19. Mr.'Akins and Mr. Paulfranz reviewed and discussed the Septem-
ber 11, 1974 letter during September and October 1974.
20. On November 19, 1974, Mr. Akins was again scheduled to appear
before the court on the citation issued on July 9, 1974. He did,not appear.
Mr. Akins says that he was not notified of this hearing.
21. Mr. Akins delivered his information to the Council that precip-
itated this inquiry. That material states, among other things,'that Mr. Akins
has complied with all of the deficiencies set out in Mr. Paulfranz's letter
of September 11, 1974, except for the fire alarm system and the exiting system.
The Fire Prevention Bureau agrees that the other deficiencies have been cor-
rected, except that the Bureau cannot determine if the required kind of glass
was used to repair broken glass in the building, because the replacement
glass is not labeled.
22. A court hearing on the citation to Mr. Akins was held on
December 6, 1974 and was continued for trial to January 17, 1975.
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 5 December 23, 1974
Summary of Law.
The law applicable to this matter, in my opinion, can be summarized
as follows:
1. In 1968, when this matter first began, the provisions of Ordi-
nance No. 118 -A (now Ordinance No. 611) were clearly applicable to 5416 West
70th Street, a then existing building, both by the express language of that
ordinance and by decisions of the courts in like cases.
2. The Fire Prevention Code referred to in Ordinance No. 118 -A
and Ordinance No. 116 allows the use of alternatives. Section 1.1 of said
Code provides that "Compliance with ... other approved national safety standards
shall be deemed to be prima facie evidence of compliance..." with the regula-
tions prescribed by:the Code.
3. The SBC, which became effective on July 1, 1972, was designed
to apply to new construction, not existing buildings. The City of Edina
argued this very point before the State Commissioner of Administration in
the case of Clancy's Drugstore,' where the question was whether the City could
require a sprinkler system in Clancy's basement pursuant to the City's fire
code. The Commissioner held that the SBC includes imposition of fire protec-
tion devices in "hazardous" buildings and, therefore, supersedes separate
local ordinances. However, a District Court order dated December 18, 1974,
involving the City of Minnetonka, now on appeal to the Minnesota Supreme
Court, upheld that city's local fire code and gave it precedence over the
SBC. Because of the.presently unknown status of the.law in this area, I
have previously advised Mr. Buresh that we should continue to enforce Edina's
fire code whenever we are of the opinion that it is necessary to provide
adequate fire protection.
4. The legislature finally recognized the obvious deficiencies of
the SBC in the fire prevention area and by Chapter 550, 1974 Minnesota Session
Laws, authorized the Commissioner of Public Safety to promulgate a uniform
fire code and rules and regulations thereunder. However, no such code, or
rules and regulations, have yet been adopted.
5. The SBC adopts the Uniform Building Code ( "UBC "), but does not
adopt Chapter 2 of the UBC entitled "Organization and Enforcement "; munici-
palities are free to adopt or not adopt said Chapter 2. Edina, by Ordinance
No. 404, and its predecessor, has adopted said Chapter 2. Section 203 of
that chapter provides.; that all buildings that constitute a "fire hazard" are
unsafe buildings and.may be ordered repaired and rehabilitated pursuant to
Ordinance No. 471. It is logical and reasonable for the responsible officials
of Edina, in determining whether a building such as 5416 West 70th Street
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 6 December 23, 1974
constitutes a "fire hazard," and how best to repair or rehabilitate such a
building, to consult codes and standards that have been tested and proven.
This procedure also was advocated by Edina before the State Commissioner of
Administration in the Clancy's Drugstore matter and was upheld by the Commis-
sioner. The fire code set out in Ordinance No. 611 and the 1973.edition of
the UBC, adopted by the State in January of 1974, now contains require-
ments for fire protection and alarm systems, and application of the requirements
to 5416 West 70th Street would appear to be proper and reasonable.
6. Alternative methods of complying with specific requirements
are allowed also by the SBC (see Sections 7205 to 7207) and by the UBC (see
Sections 106 and 107). Therefore, by any of the three codes (Fire Prevention
Code, SBC, and UBC), alternate methods of compliance are allowed.
Conclusions.
Based on my investigation and the foregoing fact and law summaries,
I have concluded that:
1. Edina has the authority, whether under Ordinance No. 611 or under'
the parallel provisions of the SBC and Ordinance No. 404 relating to unsafe
buildings, to require installation of a fire alarm and detection system in
5416 West 70th Street.
2. Edina's.Bureau of Fire Prevention has determined that 5416 West
70th Street is an unsafe building because it lacks necessary fire alarm and
detection systems. I.have no reason or facts to doubt that determination.
3. The City can accept tested and approved equivalent alternatives
to specific fire protection requirements, and the Fire Prevention Bureau is
willing to accept such alternatives.
4. The Bureau of Fire Prevention appears to have acted prudently
and properly in this matter. If it can be criticized at all, it would be
for having too much patience in obtaining compliance. Mr. Akins's complaints
appear to have arisen out of a lack of understanding of the law and a misun-
derstanding of the.intentions and advice of Mr. Buresh and other members of
the Fire Prevention Bureau.
Recommendations.
Therefore, I recommend:
DORSEY, MAROUART, WINDHORST, WEST a HALLADAY
The Honorable Members of the City Council
Mr. Warren C. Hyde, City Manager
Page 7 December 23, 1974
1. That fire detection and safety systems be required to be installed
in 5416 West 70th Street as soon as possible. Also, that the glass replace-
ment made pursuant to the September 11, 1974 letter should be checked to
make sure it is the required kind of glass, and if not, that the required
glass be used.
2. That Mr. Akins be allowed to install, as and for full compliance
with applicable laws, fire detection and exiting systems pursuant to the pro-
visions set out in the 1973 edition of the Uniform Building Code as adopted
by the State Building Code. (The Fire Prevention Bureau is willing to accept
the provisions of the SBC as full compliance. They represent, I understand,
the most recent improvements in, and thinking relating to, fire safety and
fire alarm and detection systems.)
3. That if compliance is not voluntarily obtained,.action be taken
under Ordinance No. 611 and Ordinance No. 404 to enforce compliance.
4. That the present action against Mr. Akins be continued for now,
and possibly dismissed, by reason of the above recommendations.
Very truly yours,
TSE /abc Tomas S. Erickson
cc: Mr. Robert J. Buresh
Village of. Ed3Lna
4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424
USOUMOV SU '90 UVIBLMON
N"A the finmeiaal condition of the, XdIVA Piro Departmut ata UOt
hrsoclatLon is aaraeaileaat and an aetua ri a l study as of Decombt>r 31,
l9o7, ohm* that it will have ommiderable fun4s left after all p feet
and future ,►'ruts here VOCOLv+ed bas *fit#;
VWP TRUM01186 a& IT RZOOM0 by the Village GomeLl of the Vil.loe of
r6dLvA that the Village of Win request SerneRtor# All JIr&*rud and
WUltsaa G. Kirchmv aid ig"entaatjv* Otto Jana and trmst ldndstxom
to introduce scud lure 9"**Sa of Special 10 isl4tlon WCh will a11CIP
the paym Ut W the F.di*i lire Department RaUef AssocUtion of wMi
a pa>asteiazta of per wuth, - -4thor than thee pv*seat otAtutory
i as of $IJW.00 per month and oth*la b4 fhar ' afits iaa Accordanco
with the aatteeiaad +scbaduls.
Waypr Pto Tom
Village Clerk
STATE Or WMSM
C== Oil mmmo 1 8s
MUCH 01F Wig
927 -8861
x, the UXK%araajVd^d c!Uly e1Winteld ftd actin Ville * Clark for the Vil-
lama: of UU*, do hereby certify that the atteebed and f6 re n r01601u0
tift it a trues and Corot Copy of a ra"lutioca duty adoptaed by tb
d Las 'pillager Q 11 at its 1*&Ulaalr 24arttilsg b8ld Jee"uary $r 1969s and
as woo rdod in the Minutes of said Ugular Mating.
WITSM +lay Mad erred anal of said Vill s this 21st day of January, 1962.
X►ft" VOW, +Cleat.
J
Edina Firemens Relief tissoe.
1. Retirement Benefit:
A.
Requirements for retirement:
PRESENT PLAN
PROPOSED PLAN
50 years of age
50 years of age
20 years of service
20 years of service
B.
Monthly annuity when minimum requirements
are met:
$80.00 per month
$120.00 per month
C.
Additional monthly annuity after minimum requirements are met:
$4.00 /mo. for each year of service
$6.00 /mo. for each year of service
beyond 20 years, maximum.benefit
beyond 20 years, maximum benefit
N120.00
$180.00
2. Disability Benefit:
A.
Requirements:
Duty- Incurred only
Duty- Incurred only
B.
Temporary disability:
$10.00 per day not to exceed 100 days
$10.00 per day not to exceed 100 days
C.
Permanent disability:
None
;120.00 per month payablo during
disablemont
3. Widows Bonefi.t Upon Death of Husband:
A.
Before Retirement:
$500.00 plus $4.00 for each month of
$1,000.00 lump sum plus $100.00
service up to and including 120 months
per month until death or remarriage
B.
After Retirement:
The balance of what the retired member
$100.00 per month until death or
has drawn from $8,000.00
remarriage
C.
Orphan's Benefit:
None
$20.00 per month to age 18;
maximum total orphan's benefit
per.family $100.00
ATTZST
Ed&" Village Clark
MINUTES OF THE OPEN SPACE COMMITTEE MEETING
HELD THURSDAY, JANUARY 16, 1975
The meeting was called to order in the Coffee Room at the Edina City Hall at
7:30 pm by Chairman McConville. Members attending were Vince 1.4cConville, Bud
Dickson, Les Wanninger, Alison Fuhr, Barbara Casselman and Bob Sherman. Gordon
Hughes was in attendance as a staff member.
Mr. McConville presented a revised draft of the Open Space Committee Report.
This revision was based upon the comments and suggestions expressed by the
Committee at its January 9, 1975 meeting.
After reviewing the revised report, the Committee recommended that the following.
changes be made:
I. The recommended usage column of the table on page 7 should use the terms
defined in the introduction, i.e. "protection open space" and "recreation
open space ".
.2. The usage for Garden Park and the Moore property on Melody Lake should be
both protection and recreation.
3. The bond cost referred to in .paragraph two of page 8 should be $15 per
year on a 40 - 50K home.
4. The last sentence on page 8 should be written as follows: "Several recent
studies in other cities ... ".
The Committee also reviewed descriptions of the nine properties recommended for
acquisition. Descriptions of Garden Park and Melody Lake were. changed to reflect
the proposed usage as both protection and recreation open space.
The Committee also reviewed various graphics and slides which will be used for
presentation purposes.
Chairman McConville reminded the Committee that the final Open Space Report will
be presented to the Council on Monday, January 20, 1975 at 7:00 pm in the Edina
Council Chambers. All Committee members are asked to attend if possible.