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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 7fjlvo - 39Z7 .6 -reu -E 21/9'-fGR1I Al C.36S-307 �64skirJ6-r6w,4ue . So.). OCC U'ciC49 I - . -- _ -- -7,0 L 1tiiO6E,4Y EIAL 4'120 CE/0,4,e F0"2C97- Roo, I po N Ahso 1�QiQL Eq,4� > EDF/V Ae A-Re K !Z/Ac/. 7860 - 3fS&o C3 o ti -a /) f & o - 3830 _ -- -- _ v VI LFdNAkD 7 40A1 C3/3-3IS� / / /air $voo :. R / Vi2G�N/ 4 zzo 30 J.3E,LoEA) C3( 7 -3/ 4) 9310 WEsr FeA.) IAI 4o 6- / �P�s �,..✓ j EN6EAj Vi4. NHi UCoTd.v (3Z /4uC - o.) O CCU aO ! 6 A Sr. ,P €�sa -i ftfisF / DAu,o c-LJES� 6,3o8 W&.,T 3oye ST./ :5krC, fTv o C. C E�- l�c�O ICAesa Ill Yd I kIAS H //UGTON . rQUE, SID, / DGG�J P 149 D &MSSyo� ,30 _ Uc_o0H►N4TO�J AcJE. 00 ,y/ C `YoS WAsN/NF7&,2 oL��Ea2 S occ- vPlEo bco < < b,eu /�cE �osENOgHc. � K.o7 Tr(onA3 1m.5 pe,>,4K Yo h " i 8�n0 vslo. U,ea 40� /,OS EN. 5 &0 UEAO FR (TO yes S[?o VUla-c ENS !e Y �) /4N / /'?lcrt,4E4- t (C61-En.'Wtn.1 -ll1 10 w %30 llTt, - 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.